Equalities Minister Kaukab Stewart has called for the UK Government to consider a pilot proposal in Scotland which would give people seeking asylum the right to work in some parts of Scotland.
The Scottish Right to Work Pilot Proposal proposes a number of changes to current UK policy, including enabling the right to work from six months instead of twelve months, and removing restrictions on the types of work they can undertake. Additionally, those on the pilot would have access to support around key topics such as employability and language learning.
A report from the Scottish Government’s independent Expert Advisory Group on Migration and Population, published in December 2023, shows that granting people who are seeking asylum the right to work at an earlier stage could improve their wellbeing and integration, reduce their risk of exploitation, and have longer-term benefits to our economy and public service delivery.
Ms Stewart said: “Scotland has a long history of welcoming refugees and people seeking asylum. We believe that giving people seeking asylum the right to work from an earlier point can have a positive impact on them, their families and our communities.
“This means that following a positive decision they will be better equipped to support themselves and their families.
“These measures would also enable asylum seekers to integrate more quickly, making a positive contribution to our workforce and economy by reducing the cost and demand on our public services.
“We ask that the Home Office engages with us to take forward this pilot proposal, in collaboration with our partners.”
PM Rishi Sunak’s press statement on the next stage of the plan to stop the boats
Last week – yet again – Peers in the House of Lords contrived to stop the Safety of Rwanda Bill.
For almost two years our opponents have used every trick in the book to block flights and keep the boats coming.
But enough is enough.
No more prevarication. No more delay.
Parliament will sit there tonight and vote no matter how late it goes.
No ifs, no buts. These flights are going to Rwanda.
We are going to deliver this indispensable deterrent so that we finally break the business model of the criminal gangs and save lives.
Starting from the moment that the Bill passes we will begin the process of removing those identified for the first flight.
We have prepared for this moment.
To detain people while we prepare to remove them, we’ve increased detention spaces to 2,200.
To quickly process claims, we’ve got 200 trained dedicated caseworkers ready and waiting.
To deal with any legal cases quickly and decisively, the judiciary have made available 25 courtrooms and identified 150 judges who could provide over 5,000 sitting days.
The Strasbourg Court have amended their Rule 39 procedures in line with the tests set out in our Illegal Migration Act and we’ve put beyond all doubt that Ministers can disregard these injunctions with clear guidance that if they decide to do so, civil servants must deliver that instruction.
And most importantly, once the processing is complete, we will physically remove people.
To do that, I can confirm that we’ve put an airfield on standby booked commercial charter planes for specific slots…
…and we have 500 highly trained individuals ready to escort illegal migrants all the way to Rwanda, with 300 more trained in the coming weeks.
This is one of the most complex operational endeavours the Home Office has carried out.
But we are ready. Plans are in place.
And these flights will go come what may.
No foreign court will stop us from getting flights off.
Rwanda is ready too.
And I would like to thank the government of Rwanda for their work in strengthening their asylum system, passing legislation, and setting up a new appeals tribunal.
The next few weeks will be about action.
But whilst I’m conscious people want deeds not words I’m not going to outline now exactly what will happen when.
There are good operational reasons for this.
There is a loud minority who will do anything to disrupt our plan so we will not be giving away sensitive operational detail which could hinder all the progress made to date.
Teams across government need to be able to get on and deliver without interference.
They are working flat out to deliver this genuine game changer.
The first flight will leave in 10 to 12 weeks.
Now of course, that is later than we wanted.
But we have always been clear that processing will take time and if Peers had not spent weeks holding up the Bill in the House of Lords to try to block flights altogether, we would have begun this process weeks ago.
And the success of this deterrent doesn’t rest on one flight alone.
It rests on the relentless, continual process of successfully and permanently removing people to Rwanda with a regular rhythm of multiple flights every month over the summer and beyond until the boats are stopped.
Now I know there are some who will hear all of this and accuse me of lacking compassion.
But the truth is the opposite.
We are in a battle with callous, sophisticated, and global criminal gangs who care nothing for the lives they risk in unseaworthy dinghies.
Nine people have died already attempting to cross the Channel just this year – including a seven-year-old girl.
That’s why we secured the largest ever deal with France to strengthen interceptions on the French coastline.
And because a third of all arrivals were coming from Albania we struck a deal that reduced illegal Albanian migrants by 90 per cent.
Taken together we’re doubling illegal working raids and returning 150 hotels back to our communities.
We got the number of small boat arrivals last year down by more than a third the first time they had fallen since this phenomenon began, and at a time when European countries were seeing numbers rise exponentially.
But these sophisticated gangs are changing tactics once again.
As well as piling twice as many people into small dinghies and increasing violence against French police they have shifted their attentions towards vulnerable Vietnamese migrants.
Vietnamese arrivals have increased ten-fold and account for almost all of the increase in small boat numbers we have seen this year.
And just as we succeeded in reducing Albanian arrivals dramatically, so I’m confident we will do the same when it comes to the Vietnamese.
President Macron and I have agreed to work with European partners on closing loopholes to enter Europe in the first place.
The Home Office have signed a Joint Statement with the Vietnamese Government committing to deepen our already very strong migration relationship.
And just last week officials from the Government of Vietnam were at Western Jetfoil and Manston to observe Border Force operations on the front line as they continue to manage small boat arrivals.
But we can’t keep reacting to the changing tactics of these gangs. The truth is we need innovative solutions to address what is a global migration crisis to disrupt the business model of people smuggling gangs and save lives.
And that means a systematic deterrent.
The only way to stop the boats is to eliminate the incentive to come by making it clear that if you are here illegally, you will not be able to stay.
This policy does exactly that.
I believe it should be this country and your government who decides who comes here, not criminal gangs. And I have the plan to deliver it.
So we will start the flights – and stop the boats.
Changes could add £30 million to Scotland’s economy annually
Allowing asylum seekers the right to work could help them settle into communities better while boosting Scotland’s economy and workforce.
Research by the Scottish Government’s independent Expert Advisory Group on Migration and Population sets out how enabling asylum seekers to gain employment could improve health and wellbeing and reduce the risk of exploitation.
Changes could also benefit the Scottish economy, help fill gaps in the workforce and see increased council tax paid directly to local authorities which host asylum seekers.
The report will underpin the development of proposals for a Scottish Asylum Right to Work pilot, to be submitted for consideration to the Home Office in 2024.
Migration Minister Emma Roddick said: “Scotland provides a welcoming home to many people seeking asylum, with policies underpinned by dignity, respect and compassion.
“This independent report shows how enabling asylum seekers to find work could reduce anxiety and improve the wellbeing of vulnerable people, while supporting Scotland’s economy by helping fill skills shortages and addressing population challenges.
“As the UK Government continues to pursue repugnant policies on asylum and immigration, we are developing mitigations as far as possible within our devolved powers and budget, including through our New Scots refugee integration strategy.
“The Scottish Government will now use this report to design a proposal to work within the current devolution settlement, but only independence would give us power to implement a full Scottish asylum system rooted in respect for human rights.”
Chair of the Scottish Government’s independent Expert Advisory Group on Migration and Population Rebecca Kay said: “Our report shows strong international evidence that strict restrictions on the right to work have negative consequences for asylum seekers’ material and emotional well-being, and for long-term integration outcomes.
“We also find substantial evidence of the considerable barriers which people seeking asylum are likely to face on entering the labour force. These will require careful consideration by Scottish Government, and deliberate remedy, when designing a pilot proposal.
“Wider measures to provide adequate reception, settlement and integration services will be required in order to realise the full benefits of a right to work policy for asylum seekers.”
Minister says councils must have UK Government support
Migration and Refugees Minister Emma Roddick has urged the UK Government to provide financial support for local authorities as it presses ahead with plans to close asylum hotels.
In a letter to Immigration Minister Robert Jenrick, Ms Roddick welcomed measures to end the inappropriate use of hotels to accommodate people seeking asylum along with UK Government measures to tackle the backlog in asylum decisions.
However, she said the move was placing further pressure on local services and called for increased funding to enable councils to meet the needs of refugees when they receive a positive asylum decision.
Ms Roddick said: “The Scottish Government has long been clear in our view that hotels are not appropriate accommodation for people seeking asylum.
“While I welcome your recognition that the asylum decision backlog must be tackled, I want to make clear that it is completely unacceptable and reckless for the UK Government to shift a significant burden onto local authorities without providing financial support.
“The UK Government must provide funding to local authorities and work constructively with them to ensure that people receiving a positive asylum decision are supported to move-on from asylum accommodation, without creating unmanageable pressure on housing and homelessness services over a short space of time.
“It is UK Government mismanagement of asylum decision making which has created the backlog and the consequences of that cannot be passed to local authorities without any support to manage them.
“I request urgent provision of funding to local authorities to support move-on associated with the backlog clearance.”
The City ouncil has agreed to write to the UK Government about their decision to use the cruise ship to accommodate asylum seekers.
Council Leader Councillor Cammy Day said:“Over the last year and a half, we’ve shown solidarity with, and support for, thousands of Ukrainian refugees who have fled Russia’s illegal war on Ukraine, as we have for Syrian, Afghani and, most recently, Sudanese refugees.
“Thankfully most of us will never experience the horrors these communities have faced, and we remain absolutely committed to supporting them in whatever way we can.
‘As Ukrainian refugees continue to disembark MS Victoria following the Scottish Government’s decision to end its use next month, we were extremely surprised to be contacted by the Home Office about their intentions to commission the ship to house asylum seekers. All the more surprising given their previous advice that it would be impossible for it to remain.
‘We were not consulted on this and urgently require further details from the UK Government on their plans. I know the Scottish Government and COSLA are in the same position and, having written jointly to the Minister of State for Immigration, Robert Jenrick MP, we’ve yet to receive a satisfactory response to our questions and concerns.
‘The fact that Forth Ports, who own the dock and have said they can’t accommodate the ship, haven’t yet been contacted sums up the complete lack of engagement by the Home Office.
‘The potential consequences for the Council in terms of the pressures on our services – and the city as a whole – are severe and, barring robust partnership discussions involving NHS, police, and other colleagues, we will continue to oppose these plans in the strongest terms.
‘Many of these people have risked their lives to make it to Europe and what they need is recognition and rights, not an unknown future without the support they so desperately need.
‘While the MS Victoria has been a place of refuge for many Ukrainian people, until we have adequate reassurances from the UK Government regarding welfare and ongoing engagement and support, we cannot allow it to become a floating prison for asylum seekers.’
A Home Office spokesperson said: “The Home Office has a statutory obligation to provide accommodation for asylum seekers who would otherwise be destitute while we consider their claim.
“The significant increase in illegal, unnecessary and dangerous Channel crossings has put our asylum system under incredible strain and made it necessary to continue to use hotels to accommodate some asylum seekers.
“We are committed to making every effort to reduce hotel use and continue to engage with local authorities as early as possible whenever sites are used for asylum accommodation.”
The decision was taken at Thursday’s Council meeting; the motion: 8.11 and addendum can be read on CEC’s website. A webcast recording can also be watched online.
A new plan brought in by the UK Conservative Government is yet another attempt to remove genuine asylum seekers from the UK (writes FOYSOL CHOUDHURY MSP).
The scheme will require asylum seekers from Afghanistan, Eritrea, Syria, Yemen, and Libya, who may have been in the UK for up to 18 months, to answer the 11-page document that consists of 50 questions, ranging from political persecution to trafficking experiences.
More shockingly, this form must be answered within 20 days to avoid refusal and must be completed in English.
These demands being made of the most vulnerable in society are unreasonable and undermine genuine claims of asylum seekers who are traumatised from experiences of conflict or persecution.
Firstly, the language barrier to filling out highly complex questionnaires will automatically exclude those who do not speak English and may also lead to people paying to use translation tools when they can ill afford to do so.
Secondly, the time frame to complete this is unjustified and will exacerbate inequalities between asylum seekers who do not have the assistance to fill in the form.
Legal experts say that a 20-day timeframe is not enough time to seek and receive any legal advice, which could overwhelm our legal system here in Scotland when the service is already under crippling pressure. Due to the crisis in immigration legal aid, there are simply not enough immigration legal aid representatives to assist all the individuals who must complete their questionnaires within short timeframes or face the grave repercussions of their claim being withdrawn.
This scheme comes at a time when the UK Government is introducing a controversial bill, the Illegal Migration Bill, which means those arriving into the UK by boats are not eligible for asylum claims and could lead to them being deported to a third country, like Rwanda.
Recent rhetoric by Suella Braverman, Home Secretary of the United Kingdom, fuels anti-migration ideology and the tagline “stop the boats” to control the supposed “waves of illegal migrants” create a negative and manipulated image of asylum seekers.
This is echoed by the Prime Minister, who joins in this discourse of hostility towards those fleeing conflict. The UK government are using their ‘fear of the other’ rhetoric to stoke fears and racism to deflect attention from its policy failures and see it as a vote winner for the next general election. They are using people seeking safety for political gain, trying to deflect attention from the cost-of-living crisis, the NHS crisis and their unpopularity in the polls.
Despite the false narrative spread by Westminster of an “invasion” of asylum seekers, the UK accepts fewer asylum seekers than other European countries. Whilst the UK issued 10,492 positive decisions in 2021, seven European countries issued more positive decisions than this. These include Germany (59,850), France (33,875), Italy (21,805), Spain (20,405), Greece (16,575), Austria (12,105) and the Netherlands (12,065).
Furthermore, Westminster is attempting to drive a false narrative that asylum seekers all choose to come to the Global North, and the UK. Suella Braverman has suggested that 100 million displaced people around the world are attempting to enter the UK. Despite this dominant discourse, the reality is very different. Most asylum seekers move to a neighbouring country and currently, 84% remain in the Global South.
Human rights groups and the United Nations High Commissioner for Refugees (UNHCR) claim that the “stop the boats” policy would make the UK an international outlaw under European and UN conventions on protecting asylum seekers.
Fundamentally, seeking asylum is not illegal. The UK was at the forefront of signing the 1948 Universal Declaration of Human Rights (UDHR) and the 1951 Refugee Convention, which are historic developments to protect and uphold basic human rights.
Under the Refugee Convention, asylum seekers are under no obligation to apply to the first safe country they reach; enter a country by regular means; or provide documentation. It is important to note that the UNHCR has condemned this bill and has urged the UK Government and all MPs to consider the humanitarian impacts of pursuing this bill.
What is also concerning, are the claims that right-wing Tory MPs are attempting to amend the bill which would pull the UK out of the European Convention on Human Rights (ECHR). Alongside this, Braverman has been advocating for the government to leave the ECHR already, which is worrying to anyone committed to safeguarding fundamental rights. Leaving the convention would put everyone’s rights at risk. It’s a person’s last resort for holding the state to account when it has abused their rights.
Although asylum is a reserved matter for the UK Government, this new plan for applications will have a direct impact on Scotland. Scotland’s Dungavel immigration detention centre will likely see an increase in the number of people detained here, as the process for securing a successful asylum application will become much harder due to these restrictive rules. As this centre is based in Scotland and we will be impacted by the higher number of asylum seekers detained, Holyrood must hold discussions with Westminster to ensure that the UK’s commitment to the UNDHR and the Refugee Convention is upheld.
We must ensure support is provided to asylum seekers to guarantee they face a fair process. The Scottish Refugee Council are working alongside lawyers and experts to propose changes to the current plan.
These suggested amendments to the questionnaire include simplifying the document; providing translations in relevant languages; creating a user-friendly guide for completion of the questionnaire and providing an extension for all unrepresented individuals.
In response to this plan and the Illegal Migration Bill, we need to encourage the Scottish Government to support asylum seekers with the application form and recognise the importance of entering into a discussion with Westminster, so that commitments in international law can be upheld.
To raise my concerns about the new bill, last Thursday I asked Shona Robison, the Cabinet Secretary for Social Justice, Housing and Local Government, what impact the UK Government’s proposed Illegal Migration Bill could have on Scotland’s legal aid services.
The Cabinet Secretary was unable to assess the overall impact this will have but agreed that it is likely to cause a magnitude of issues. I will continue to press these issues in the Scottish Parliament to ensure legal professions are best supported, which will ensure effective assistance is provided to asylum seekers.
Prime Minister Rishi Sunak made a statement to the House of Commons on illegal migration yesterday:
Mr Speaker, before I start, I know the whole House will join me in expressing our sympathies to the families of those who lost their children so tragically in Solihull.
With permission, I’d like to make a statement on illegal migration.
I hope the whole house would agree… there is a complex moral dimension to illegal migration.
The balancing of our duty to support people in dire need… with the responsibility to have genuine control of our borders… understandably provokes strong feelings. And so… it is my view… that the basis for any solution shouldn’t just be ‘what works’… but what is right.
The simplest moral framing for this issue… one I believe members on all sides of this House believe in… is fairness…
Mr Speaker… It is unfair that people come here illegally.
It is unfair on those with a genuine case for asylum…
…when our capacity to help is taken up by people coming through, and from, countries that are perfectly safe.
It is unfair on those who come here legally…
…when others come here by cheating the system.
And above all, it is unfair on the British people who play by the rules… …when others come here illegally and benefit from breaking those rules.
So people are right to be angry… Mr Speaker… because they see what I see… which is that this simply isn’t fair…
It is not cruel or unkind to want to break the stranglehold of the criminal gangs who trade in human misery and who exploit our system and laws…
Enough is enough.
As currently constructed the global asylum framework has become obsolete.
Today there are 100 million people displaced globally.
Hostile states are using migration as a weapon on the very borders of Europe.
And as the world becomes more unstable – and the effects of climate change make more places uninhabitable – the numbers displaced will only grow.
We have a proud history of providing sanctuary to those most in need.
Britain helped craft the 1951 Refugee Convention to protect those fleeing persecution.
The Rt Hon Member for Maidenhead passed the world’s first Modern Slavery Act in 2015.
And in the last year we have opened our hearts and homes to people from Hong Kong Afghanistan and Ukraine
Thousands of families will be setting extra places around the Christmas table this year.
No-one, no-one can doubt our generosity of spirit.
But today far too many of the beneficiaries of that generosity are not those directly fleeing war zones or at risk of persecution but people crossing the channel in small boats.
Many originate from fundamentally safe countries.
All travel through safe countries.
Their journeys are not ad hoc… but coordinated by ruthless, organised criminals.
And every single journey risks the lives of women, children – and we should be honest, mostly men, at sea.
Mr Speaker… This is not what previous generations intended when they drafted our humanitarian laws.
Nor is it the purpose of the numerous international treaties to which the UK is a signatory.
And unless we act now and decisively, this will only get worse.
Already in just seven weeks since I became Prime Minister, we have delivered the largest ever small boats deal with France…
…with significantly more boots on the ground patrolling their beaches.
For the first-time, UK and French officers are embedded in respective operations in Dover and Northern France.
We’ve re-established the Calais Group of Northern European nations – to disrupt traffickers all along the migration route.
And last week this group set a long-term ambition for a UK-EU wide agreement on migration.
Of course, this is not a panacea, and we need to go much further.
Over the last month the Home Secretary and I have studied every aspect of this issue in detail, and we can now set out five new steps today.
First, our policing of the channel has been too fragmented, with different people, doing different things, being pulled in different directions.
So we will establish a new, permanent, unified Small Boats Operational Command.
This will bring together our military, our civilian capabilities, and the National Crime Agency.
It will coordinate our intelligence, interception, processing, and enforcement.
And use all available technology, including drones for reconnaissance and surveillance, to pick people up and identify and then prosecute more gang-led boat pilots.
We’re adding more than 700 new staff and also doubling the funding given to the NCA for tackling organised immigration crime in Europe.
Second, these extra resources will free up immigration officers to go back to enforcement which, will in turn, allow us to increase raids on illegal working by 50%.
And it’s frankly absurd that today illegal migrants can get bank accounts which help them live and work here. So we will re-start data sharing to stop this.
Third, it’s unfair and appalling that we are spending £5.5 million every day on using hotels to house asylum seekers.
We must end this.
So, we will shortly bring forward a range of alternative sites such as disused holiday parks, former student halls, and surplus military sites.
We have already identified locations that could accommodate 10,000 people and are in active discussions to secure these and many more.
Our aim is to add thousands of places through this type of accommodation in the coming months – at half the cost of hotels.
At the same time, as we consulted on over the summer…
…the cheapest and fairest way to solve this problem is for all local authorities to take their fair share of asylum seekers in the private rental sector.
And we will work to achieve this as quickly as possible.
Fourth, Mr Speaker we need to process claims in days or weeks, not months or years.
So we will double the number of asylum caseworkers.
And we are radically re-engineering the end-to-end process…
…with shorter guidance, fewer interviews, less paperwork and introducing specialist case workers by nationality.
We will also remove the gold plating in our modern slavery system, including by reducing the cooling off period from 45 to 30 days – the legal minimum set out in the ECAT Treaty.
As a result of all these changes, we will triple the productivity of our caseworkers…
…and we expect to abolish the backlog of initial asylum decisions by the end of next year.
Fifth, Fifth Mr Speaker and most significantly,
A third of all those arriving in small boats this year – almost 13,000 – are Albanian.
And yet Albania is a safe, prosperous European country.
It is deemed safe for returns by Germany, France, Italy, Sweden.
It is an EU accession country, a NATO ally and a member of the same treaty against trafficking as the United Kingdom.
The Prime Minister of Albania has himself said there is no reason why we cannot return Albanian asylum seekers immediately.
Last year Germany, France, Sweden all rejected almost 100% of Albanian asylum claims.
Yet our rejection rate is just 45%.
That must not continue. So today I can announce a new agreement with Albania – and a new approach.
First, we will embed Border Force officers in Tirana airport for the first time ever…
…helping to disrupt organised crime and stop people coming here illegally.
Second, we will issue new guidance for our case workers and make it crystal clear that Albania is a safe country.
Third, one of the reasons we struggle to remove people is because they unfairly exploit our modern slavery system.
So we will significantly raise the threshold someone has to meet to be considered a modern slave.
For the first time, we will actually require a case worker to have objective evidence of modern slavery rather than just a suspicion.
Fourth, we have sought and received formal assurances from Albania confirming they will protect genuine victims and people at risk of re-trafficking…
…allowing us to detain and return people to Albania with confidence and in line with ECAT.
As a result of these changes, the vast majority of claims from Albanians can simply be declared “clearly unfounded”.
And those individuals can be swiftly returned.
Lastly, we will change how we process Albanian illegal migrants, with a new dedicated unit expediting cases within weeks, staffed by 400 new specialists.
Over the coming months, thousands of Albanians will be returned home.
And we’ll keep going with weekly flights until all the Albanians in our backlog have been removed.
And in addition to all these new steps, Mr Speaker let the House be in no doubt that when legal proceedings conclude on our Migration and Economic Development Partnership…
…we will restart the first flights to Rwanda….
…so those here illegally who cannot be returned to their home country, can build a new life there.
But Mr Speaker, even with the huge progress we will make with the changes I have announced today… there still remains a fundamental question…
How do we solve this problem… once and for all?
It is not just our asylum system that needs fundamental reform.
Our laws need reform too.
We must be able to control our borders to ensure that the only people who come here come through safe and legal routes.
However well intended, our legal frameworks are being manipulated by people who exploit our courts to frustrate their removal for months or years on end.
Mr Speaker, I said enough is enough… and I mean it. And that means I am prepared to do what must be done.
So early next year we will introduce new legislation to make unambiguously clear that if you enter the UK illegally you should not be able to remain here.
Instead, you will be detained and swiftly returned either to your home country or to a safe country where your claim for asylum will be considered.
And you will no longer be able to frustrate removal attempts with late or spurious claims or appeals.
And once removed you should have no right to re-entry, settlement, or citizenship.
And furthermore, if our reforms on Albania are challenged in the courts…
…we will also put them on a statutory footing to ensure the UK’s treatment of Albanian arrivals is no different from that of Germany or France.
The only way to come to the UK for asylum will be through safe and legal routes.
And as we get a grip of illegal migration, we will create more of those routes.
We will work with the UNHCR to identify those most in need so the UK remains a safe haven for the most vulnerable.
And we will introduce an annual quota on numbers set by Parliament…
…in consultation with Local Authorities to determine our capacity…
…and amendable in the face of humanitarian emergencies.
Mr Speaker, that is the fair way to address this global challenge.
Tackling this problem will not be quick. It will not be easy.
But it is the right thing to do.
Because we cannot persist with a system that was designed for a different era.
The Joint Committee on Human Rights inquiry examines the Government’s policies and procedures relating to asylum seekers and the impact these have on their human rights.
This will include the UK’s approach the availability of “safe and legal” routes for asylum seekers, the treatment of those arriving outside of these routes, and attempts to relocate asylum seekers outside the UK. It will also examine the treatment of asylum seekers once in the UK, including treatment in short-term holding facilities, conditions in detention, accommodation, restrictions on movement, and the right to work.
The inquiry also assesses whether the UK’s current legal framework is adequate to meet its human rights obligations to those who are victims of modern slavery or human trafficking.
Chair of the Joint Committee on Human Rights, Joanna Cherry KC MP said: “The UK has a long-standing obligation to provide a place of sanctuary to those fleeing war and persecution.
“We have launched this inquiry to examine whether the current approach to asylum meets the UK’s human rights obligations. Are the current routes for asylum seekers to come to the UK adequate, and is it right for those excluded from “safe and legal routes” to be punished for coming to the UK even if they have fled conflict or persecution?
“Can the UK outsource its asylum obligations to third countries and still ensure the human rights of those seeking asylum are protected?
“We want to look beyond fearful headlines about the cost of hotel accommodation or the numbers of asylum seekers arriving, to consider the experience of those going through the asylum system and the way they are treated.
“Fundamentally, is the way asylum seekers are treated appropriate and lawful, or is the UK Government falling short of the human rights standards designed to protect them, and all of us?
“Given the terrible conditions we have witnessed at Manston and the new Home Secretary’s seeming delight at the prospect of further flights to Rwanda, this inquiry could not be more timely.”
Background
The Universal Declaration of Human Rights states in Article 14 that “everyone has the right to seek and enjoy in other countries asylum from persecution”.
The Refugee Convention built on this with the establishment of a regime of international refugee protection, which was ratified by the UK in 1954. The Convention defines a refugee as a person outside their country of nationality or habitual residence, due to well-founded fear of persecution because of their race, religion, nationality, membership in a particular social group or political opinion, and unable or unwilling to return to that country for fear of persecution.
In addition, the Human Rights Act 1998 incorporated the European Convention on Human Rights into UK law. Amongst other things, it prohibits torture and inhuman or degrading treatment (Article 3 ECHR), as well as slavery and forced labour (Article 4 ECHR). It also provides for a right to liberty and security (Article 5 ECHR) and a right to private and family life (Art 8 ECHR).
Asylum seekers often come from countries affected by violence, conflict, and human rights abuses, and a portion of those who leave come to the UK.
In 2022, the number of new asylum applications rose to 63,089, from 48,540 in the previous year. As of June 2022, there were 122,213 asylum claims pending an initial decision, out of which 89,231 cases had been pending an initial decision for more than 6 months. Most asylum claims in the UK are successful – in 2021, the estimated overall grant rate where a final outcome has been reached was 77%.
The Nationality and Borders Act 2022 made significant amendments to the legislative framework for the asylum system. Changes include the introduction of new powers to remove asylum seekers, the creation of a two-tier system for asylum claims, and the inadmissibility of claims by persons with a connection to safe third States.
The Government has also sought through the UK Rwanda Migration and Economic Development Partnership to send certain asylum seekers to Rwanda to make claims for asylum in Rwanda.
Terms of reference
The Joint Committee on Human Rights is looking into the rights of asylum seekers in the UK, with a view to identifying human rights concerns. To inform its work, the Committee invites submissions of no more than 1,500 words from interested groups and individuals. The deadline for submissions is 15 December 2022. We would welcome evidence covering the following questions:
1. Is it compatible with the UK’s human rights obligations to deny asylum to those who do not use what the Government calls “safe and legal routes”? 2. What “safe and legal routes” currently exist for asylum seekers in the UK? Should new routes be introduced?
Relocation of asylum seekers
3. Is the policy of relocating asylum seekers to third countries consistent with the UK’s human rights obligations?
Detention
4. Are the rules on detention and processing, and the treatment of detained asylum seekers, consistent with the UK’s human rights obligations?
Electronic tagging
5. Is the electronic tagging of asylum seekers a necessary and proportionate interference with their human rights?
Legal aid, accommodation, and subsistence
6. Is the support available to asylum seekers under the legal aid, accommodation, and subsistence rules compliant with the UK’s human rights obligations?
Right to work
7. How do the rules on right to work impact on the human rights of asylum seekers?
Modern slavery
8. Is the UK’s legal framework for tackling modern slavery and human trafficking effective, and is it compatible with our human rights obligations? Are there changes that should be made?
9. Is there any evidence that modern slavery laws are being abused by people “gaming” the system?
Nationality and Borders Act 2022
10. To what extent has the enactment of the Nationality and Borders Act 2022 had an impact on the human rights of asylum seekers?
We understand that the issues raised in this work may be sensitive or upsetting and the following organisations may be able to offer support or further information:
Asylum Aid – free legal aid advice and representation to asylum seekers and refugees in the UK. Call 020 7354 9631 Email advice@asylumaid.org.uk
British Red Cross – support to refugees and asylum seekers in the UK including emergency assistance to those who are destitute, and family reunion and resettlement services. Call 0808 196 3651
London Destitution Service – Refugee Council – support for asylum seekers or rejected asylum seekers who are destitute, and support to vulnerable and homeless asylum seekers who have lost contact with their asylum application and have no legal representation. Call 02073466700 Email destitution@refugeecouncil.org.uk
Migrant Help – free 24/7 helpline providing independent advice and support to asylum seekers in the UK in your own language. Call 0808 8010 503 Webchat; Online Enquiry Form
Samaritans – for everyone, 24 hours a day, every day. Call 116 123
Prime Minister Boris Johnson gave a speech on plans to tackle illegal migration yesterday:
For centuries, our United Kingdom has had a proud history of welcoming people from overseas, including many fleeing persecution.
My own great-grandfather came from Turkey in fear of his life, because our country offered sanctuary for his outspoken journalism.
And when you look back over the centuries as people have come seeking refuge or simply in search of somewhere to build a better life, you see this is the very stuff our history is made of.
From the French Huguenots, to the Jewish refugees from Tsarist Russia, to the docking of the Empire Windrush, to the South Asians fleeing East Africa, to the many, many others who have come from different countries at different times for different reasons, all have wanted to be here because our United Kingdom is a beacon of openness and generosity, and all in turn have contributed magnificently to the amazing story of the UK.
Today that proud history of safe and legal migration is ultimately responsible for many of those working in our hospitals and on the front line of our response to the pandemic, for more than 60 per cent of the England football team at the final of Euro 2020, for many of our country’s leading figures in the worlds of business, art and culture, and, I’m pleased to say, for ever growing numbers of people serving in public life, including colleagues of mine like Nadhim Zahawi who escaped with his family from Saddam Hussein’s Iraq, Dominic Raab, whose Jewish father came to Britain from Czechoslovakia to escape Nazi Germany, and Priti Patel, whose family fled persecution in Uganda.
So I’m proud that this government has continued the great British tradition of providing sanctuary to those in need, in fact, doing more to resettle vulnerable people in the UK – through safe and legal routes – than any other government in recent history.
Since 2015 we have offered a place to over 185,000 men, women and children seeking refuge, more than the entire population of Sunderland and more than any other similar resettlement schemes in Europe.
This includes almost 100,000 British Nationals Overseas threatened by draconian security laws in Hong Kong, 20,000 through our Syrian scheme, 13,000 from Afghanistan and to whom we owe debts of honour, and around 50,000 Ukrainians.
And we are not only supporting British nationals and those settled in the UK to bring potentially hundreds of thousands of their extended family from Ukraine, we are also welcoming unlimited numbers of refugees from that conflict, as the British people open their homes, in one of the biggest movements of refugees to this country that we have ever known.
And as we work with local authorities and the devolved administrations to welcome those coming from Ukraine into our communities, we will also find accommodation across our whole United Kingdom for all those who have come here previously but who are currently in hotels, because it makes absolutely no sense for the taxpayer to foot those bills, running to almost £5 million a day, with the sum total of those we accommodate being concentrated in just a third of local authorities.
It is controlled immigration, through safe and legal routes, which enables us to make generous offers of sanctuary while managing the inevitable pressures on our public services such that we can give all those who come here the support they need to rebuild their lives, to integrate and to thrive.
But the quid pro quo for this generosity, is that we cannot sustain a parallel illegal system.
Our compassion may be infinite, but our capacity to help people is not.
We can’t ask the British taxpayer to write a blank cheque to cover the costs of anyone who might want to come and live here.
Uncontrolled immigration creates unmanageable demands on our NHS and our welfare state, it overstretches our local schools, our housing and public transport, and creates unsustainable pressure to build on precious green spaces.
Nor is it fair on those who are seeking to come here legally, if others can just bypass the system.
It’s a striking fact that around seven out of ten of those arriving in small boats last year were men under 40, paying people smugglers to queue jump and taking up our capacity to help genuine women and child refugees.
This is particularly perverse as those attempting crossings, are not directly fleeing imminent peril as is the intended purpose of our asylum system.
They have passed through manifestly safe countries, including many in Europe, where they could – and should – have claimed asylum.
It is this rank unfairness of a system that can be exploited by gangs, which risks eroding public support for the whole concept of asylum.
The British people voted several times to control our borders, not to close them, but to control them.
So just as Brexit allowed us to take back control of legal immigration by replacing free movement with our points-based system, we are also taking back control of illegal immigration, with a long-term plan for asylum in this country.
It is a plan that will ensure the UK has a world-leading asylum offer, providing generous protection to those directly fleeing the worst of humanity, by settling thousands of people every year through safe and legal routes.
And I emphasise this. So whether you are fleeing Putin or Assad, our aim is that you should not need to turn to the people smugglers or any other kind of illegal option.
But to deliver it, we must first ensure that the only route to asylum in the UK is a safe and legal one, and that those who try to jump the queue, or abuse our system, will find no automatic path to settlement in our country, but rather be swiftly and humanely removed to a safe third country or their country of origin.
And the most tragic of all forms of illegal migration, which we must end with this approach, is the barbaric trade in human misery conducted by the people smugglers in the Channel.
Before Christmas 27 people drowned, and in the weeks ahead there could be many more losing their lives at sea, and whose bodies may never be recovered.
Around 600 came across the Channel yesterday. In just a few weeks this could again reach a thousand a day.
I accept that these people – whether 600 or one thousand – are in search of a better life; the opportunities that the United Kingdom provides and the hope of a fresh start.
But it is these hopes – those dreams – that have been exploited.
These vile people smugglers are abusing the vulnerable and turning the Channel into a watery graveyard, with men, women and children, drowning in unseaworthy boats, and suffocating in refrigerated lorries.
And even if they do make it here, we know only too well some of the horrendous stories of exploitation over the years, from the nail bars of East London to the cockle beds of Morecambe Bay, as illegal migration makes people more vulnerable to the brutal abuse of ruthless gangs.
So we must halt this appalling trade and defeat the people smugglers.
That is why we are passing the Nationality and Borders Bill, which allows us for the first time to distinguish between people coming here legally and illegally, and for this distinction to affect how your asylum claim progresses and your status in the UK if that claim is successful.
It will enable us to issue visa penalties against those countries that refuse to accept returns of foreign criminals and failed asylum seekers.
It will clean up the abuse of our legal system, introducing a one-stop shop that will end the cycle of last minute and vexatious claims and appeals that so often thwart or delay removals.
And it will end the absurd practice of asylum-seeking adults claiming to be children to strengthen their claims and access better services.
Crucially it will also allow us to prosecute those who arrive illegally, with life sentences for anyone piloting the boats. And to identify, intercept and investigate these boats, from today the Royal Navy will take over operational command from Border Force in the Channel, taking primacy for our operational response at sea, in line with many of our international partners, with the aim that no boat makes it to the UK undetected.
This will be supported with £50 million of new funding for new boats, aerial surveillance and military personnel in addition to the existing taskforce of patrol vessels, Wildcat helicopters, search and rescue aircraft, drones and remotely piloted aircraft.
This will send a clear message to those piloting the boats: if you risk other people’s lives in the Channel, you risk spending your own life in prison.
People who do make it to the UK will be taken not to hotels at vast public expense, rather they will be housed in accommodation centres like those in Greece, with the first of these open shortly.
At the same time, we are expanding our immigration detention facilities, to assist with the removal of those with no right to remain in the UK.
We are investing over half a billion pounds in these efforts.
And this is on top of overhauling our arrivals infrastructure here in Kent, with new processing facilities now operational at Western Jet Foil and Manston.
But we need to go still further in breaking the business model of these gangs.
So from today, our new Migration and Economic Development Partnership will mean that anyone entering the UK illegally – as well as those who have arrived illegally since January 1st – may now be relocated to Rwanda.
This innovative approach – driven our shared humanitarian impulse and made possible by Brexit freedoms – will provide safe and legal routes for asylum, while disrupting the business model of the gangs, because it means that economic migrants taking advantage of the asylum system will not get to stay in the UK, while those in genuine need will be properly protected, including with access to legal services on arrival in Rwanda, and given the opportunity to build a new life in that dynamic country, supported by the funding we are providing.
The deal we have done is uncapped and Rwanda will have the capacity to resettle tens of thousands of people in the years ahead.
And let’s be clear, Rwanda is one of the safest countries in the world, globally recognised for its record on welcoming and integrating migrants.
Later this year it will welcome leaders from across the Commonwealth, and before the pandemic, in 2018, the IMF said Rwanda was the world’s fourth fastest growing economy.
We are confident that our new Migration Partnership is fully compliant with our international legal obligations, but nevertheless we expect this will be challenged in the courts, and if this country is seen as a soft touch for illegal migration by some of our partners, it is precisely because we have such a formidable army of politically motivated lawyers who for years who have made it their business to thwart removals and frustrate the Government.
So I know that this system will not take effect overnight, but I promise that we will do whatever it takes to deliver this new approach, initially within the limits of the existing legal and constitutional frameworks, but also prepared to explore any and all further legal reforms which may be necessary.
Because this problem has bedevilled our country for too long and caused far too much human suffering and tragedy, and this is the government that refuses to duck the difficult decisions, this is the government that makes the big calls, and I profoundly believe there is simply no other option.
And I say to those who would criticise our plan today, we have a plan; what is your alternative?
I know there are some who believe we should just turn these boats back at sea.
But after much study and consultation – including with Border Force, the police, national crime agency, military and maritime experts, to whom I pay tribute for all the incredible work that they do dealing with this problem as things stand – it’s clear that there are extremely limited circumstances when you can safely do this in the English Channel.
And it doesn’t help that this approach, I don’t think, would be supported by our French partners, and relying solely on this course of action is simply not practical in my view.
I know there are others who would say that we should just negotiate a deal with France and the EU.
And we have made repeated and generous offers to our French friends and we will continue to press them and the EU for the comprehensive returns agreement that would solve this problem.
We remain grateful to the gendarmes on the beach, for the joint intelligence work and the co-operation that has stopped thousands of boats.
We would like to deepen that work and we continue to believe that a deal with France and the EU is in the national interest of all our countries.
But we must have our own framework for full sovereignty over our borders and we must find a way to stop these boats now, not lose thousands more lives while waiting for a deal that just doesn’t exist.
And I know there will be a vocal minority who will think these measures are draconian and lacking in compassion. I simply don’t agree.
There is no humanity or compassion in allowing desperate and innocent people to have their dreams of a better life exploited by ruthless gangs, as they are taken to their deaths in unseaworthy boats.
And there is no humanity or compassion in endlessly condemning the people smugglers, but then time and again ducking the big calls needed to break the business model of the gangs and stop these boats coming.
And there is no humanity or compassion in calling for unlimited safe and legal routes, offering the false hope of asylum in the UK to anyone who wants it, because that is just unsustainable.
There are currently 80 million displaced people in the world, many in failed States where governments can’t meet their aspirations.
In an era of mobile connectivity they are a call or a text away from potentially being swept up in the tide of people smuggling.
The answer cannot be for the UK to become the haven for all of them.
That is a call for open borders by the back door, a political argument masquerading as a humanitarian policy.
Those in favour of this approach should be honest about it and argue for it openly.
We reject it, as the British people have consistently rejected it at the ballot box – in favour of controlled immigration.
We simply cannot have a policy of saying anyone who wants to live here can do so.
We’ve got to be able to control who comes into this country and the terms on which they remain.
And we must do this in the spirit of our history of providing refuge.
And in that way we can more than play our part in offering sanctuary to thousands fleeing persecution.
But then of course other countries must play their part too.
And that is what I think is most exciting about the partnership we have agreed with Rwanda today because we believe it will become a new international standard in addressing the challenges of global migration and people smuggling.
So I am grateful for Rwanda’s leadership and partnership and we stand ready to work with other nations on similar agreements, as well as wider reforms to the international asylum framework.
As I say, we will continue to work with our French friends to tackle the gangs, we will continue to lead co-operation with crime and intelligence partners across Europe, we will continue to seek a returns agreement with the EU or with France.
But in the meantime, and for the foreseeable future, we need this new approach.
The people smugglers are undermining confidence in our borders.
They are betraying all those who do the right thing, who try to come here legally – through forms of migration or the safe and legal routes provided for refuge.
They are undermining the natural compassion and goodwill that people have towards refugees in this country.
And they are endangering human life day after day.
And though the way ahead will be hard, and though we can expect many challenges and many obstacles to be thrown up against this plan, I believe this plan is the right way forward, because the people smugglers must be stopped in order to save countless lives; and because tackling illegal migration is precisely the way to sustain a safe, legal and generous offer of sanctuary to those in need, that is in the very best traditions of this country and the values we stand for in the world.
Home Secretary Priti Patel made a speech in Kigali to announce a world first partnership to tackle the global migration crisis:
I am delighted to be here in Kigali, Rwanda alongside our friend and partner Minister Dr Vincent Biruta.
I would like to express my personal thanks to him and his team for the constructive way in which they have worked with my team over many many months to achieve and deliver this partnership.
The UK has a long and proud development history with Rwanda. Our shared interests have resulted in strong economic and development growth lifting millions out of poverty, but also resulted in growing manufacturing and technology sectors, which are generating jobs and sustainable growth for generations to come.
I know at first hand that your country, Minister is a regional and international leader. You are on the global stage, very much yourself more often than not but also hosting the Commonwealth Heads of Government Meeting, the World Telecommunication Development Conference, and the Sustainable Energy for All Forum.
Your national leadership is the African voice on international initiatives, which really speak to and seek to find solutions to regional and international challenges.
I am very honoured to be here, and the United Kingdom is delighted to be working ever more closely with Rwanda.
We have many, many interests in common, and we face many of the same challenges. I want to turn to one of those challenges now.
The global migration crisis and how we tackle illegal migration requires new world-leading solutions.
There are an estimated 80 million people displaced in the world and the global approach to asylum and migration is broken.
Evil people smugglers and their criminal gangs are facilitating people into Europe, resulting in loss of life and huge costs to the UK taxpayer.
The tragic loss of life of people in the Channel and in the Mediterranean at the hands of these evil smugglers must stop.
And today, our approach as two outward-looking countries has led to the signing of a new international partnership – which is a world first. It is a migration and economic development partnership with the country of Rwanda and UK.
This will see some of those arriving illegally in the UK, such as those crossing the channel in dangerous small boats, relocated to Rwanda to resettle and rebuild their lives in ways in which the minister has just outlined.
More than 28,000 migrants crossed the channel last year by small boat in very dangerous and perilous conditions
The UK asylum system is collapsing under a combination of real humanitarian crises and evil people smugglers profiteering by exploiting the system for their own gain.
Criminals are exploiting the hopes and fears of migrants, pushing them to make dangerous journeys to the UK with fictitious and false promises that they can settle in the UK if they make it.
This has devastating consequences for the countless men, women, and children who have tragically lost their lives or lost loved ones on perilous journeys.
It is also deeply unfair, because it advantages those with the means to pay people smugglers over vulnerable people who cannot.
Global systems and conventions have failed to address this global crisis.
The world has changed and renewed global leadership is required to find new innovative solutions to this growing problem.
Today the United Kingdom and Rwanda have signed a joint new migration and economic development partnership to put an end to this deadly trade in people smuggling.
This is part of the United Kingdom’s New Plan for Immigration to control our borders, protect our communities, stop dangerous illegal migration, help the world’s most desperate people, and welcome international talents to the UK.
It is the biggest overhaul of our immigration system in decades, underpinned by our Nationality and Borders Bill, which will soon become law.
Our country, the United Kingdom, has always extended the hand of friendship to those in need.
In recent years alone, we have proudly welcomed tens of thousands of refugees from Syria, Afghanistan, and Ukraine, and BNOs from Hong Kong.
Rwanda has one of the strongest records of refugee resettlement and in recent years and as the minister has just said, Rwanda has resettled over 100,000 refugees.
It has an established record of welcoming and integrating people, such as those from the Democratic Republic of Congo and Burundi, but also including, for example, people from Libya evacuated under the EU’s Emergency Transit Mechanism, in partnership with the UN Refugee Agency and the African Union. Rwanda is also a State Party to the 1951 UN Refugee Convention and the seven core UN Human Rights Conventions.
Border control is fundamental to national sovereignty. Uncontrolled immigration reduces our capability and capacity to help those who most need our support. It puts intolerable pressure on public services and local communities.
And at home, as the Prime Minister has said today, because the capacity of asylum system is not unlimited, the presence of economic migrants – which these illegal routes introduce into the asylum system – inhibits our ability to support others in genuine need of protection.
The British people are fair and generous when it comes to helping those in need, but the persistent circumventing of our laws and immigration rules and the reality of a system that is open to gaming and criminal exploitation has eroded public support for Britain’s asylum system and those that genuinely need access to it.
Putting evil people smugglers out of business is a moral imperative. It requires us to use every tool at our disposal – and also to find new solutions.
That is why today’s migration and economic development partnership with Rwanda is such a major milestone.
It is also very much in keeping with our vision for a Global Britain that harnesses the potential of new relationships and stimulates investment and jobs in partner countries.
Working together, the United Kingdom and Rwanda will help make the immigration system fairer, ensure that people are safe and enjoy new opportunities to flourish.
We have agreed that people who enter the UK illegally will be considered for relocation to Rwanda to have their asylum claim decided.
And those who are resettled will be given support, including up to five years of training to help with integration, accommodation, and healthcare, so that they can resettle and thrive.
This agreement fully complies with all international and national law, and as part of this ground-breaking agreement, the UK is making a substantial investment in the economic development of Rwanda.
This will support programmes to improve the lives of the people in Rwanda and develop the country, economy, job prospects, and opportunities.
In addition, the UK will provide funding and expertise to implement this agreement.
As I have said many, many times, this is a global issue, with many countries struggling to address the challenges and the causes. And there is no single or simple solution.
This agreement illustrates that we can no longer accept the status quo. People are dying and the global migration crisis requires new ways to find new partnerships and to find new solutions.
It will deal a major blow to the evil people smugglers.
We know this will not be easy, we know that we will face challenges along the way, but together with the Nationality and Borders Bill, and the New Plan for Immigration, the UK will support those fleeing oppression, persecution, and tyranny through safe and legal routes, while controlling our borders and deterring illegal entry.
Our world-leading migration and economic development partnership is a global first and will change the way we collectively tackle illegal migration through new, innovative, and world-leading solutions.
Thank you.
In response to the Prime Minster’s announcement today with regards to a relocation plan for asylum seekers to Rwanda,Enver Solomon, CEO of Refugee Council, said:“The UK Government is lurching from one inhumane policy to the next in relation to the lives of refugees, none of which address the reason why people take perilous journeys to find safety in the UK.
“The decision to send those seeking sanctuary in our country to Rwanda is cruel and nasty. Treating people like human cargo by using the force of military to repel vulnerable people who have already endured extreme human suffering and expelling them to centres in Rwanda, a country with a questionable record on human rights, is dangerous, cruel and inhumane.
“This announcement comes at a time when every day the UK is witnessing the brutality of war that desperate Ukrainian families are fleeing. This is the reality faced by refugees escaping conflicts all over the world. We know these policies will do little to deter desperate people from seeking protection or stop the smugglers but only lead to more human suffering, chaos and at huge expense to the UK taxpayer of an estimated £1.4 billion a year.
“There is a deliberate attempt to paint people seeking asylum as jumping the queue. Yet, this ignores the fact that the Government’s own data shows that two thirds of men, women and children arriving in small boats across the channel come from countries where war and persecution have forced them from their homes.
“With so few safe and legal routes available, these people are left with no other option than to risk their lives in small boats at the hands of smugglers in desperation to find safety.
“This Government’s proposal to treat refugees differently purely on the basis of how they arrived in the UK undermines a key principle of refugee protection. People desperately fleeing war and persecution should always have a fair hearing on British soil.
“If the UK Government is serious about reducing the need for onward movement of refugees, it must act as a truly global Britain and invest humanitarian and development aid into the countries people are fleeing.
“We must work multilaterally – not with remote countries such as Rwanda – but to get an effective bilateral agreement with France and our EU neighbours for fair, effective and coordinated asylum processing, creating safe routes via humanitarian visas from assessment centres set up at British embassies elsewhere in Europe to enable people in need to travel without resorting to smuggling networks.
“We need to see well thought-out, long-term solutions that protect refugees and effectively control our borders as opposed to reactive and inhumane policies enshrined in the Nationality and Borders Bill, that punish and criminalise people seeking safety, harm lives or destroy our reputation as a country which values human rights.”
There is some provisional support for the scheme, however.Alp Mehmet, Chairman of Migration Watch UK, said: “In the past four years, tens of thousands of people have come without prior permission in dangerous trips by boat. These trips have led to dozens of deaths, have profited criminal smugglers and are a legitimate source of concern, indeed anger, for millions of Britons.
“Offshore processing was part of Australia’s successful policy to stop the illegal boats and many people were prevented from drowning.
“We need to see more details of this aspect of the UK government’s plan to fix our overwhelmed and abused asylum system but offshore processing could yet help to stem this vile trade.”
Mothers and babies seeking asylum in Scotland are still being housed in cramped and unsafe conditions that pose a significant risk of violating their human rights, according to a new report.
The office of the Children and Young People’s Commissioner Scotland has found that despite assurances from provider the Mears Group in November 2021, many women and their children have not been moved to more suitable housing.
They are currently placed in bedsit accommodation in Glasgow’s southside, by the Mears Group with full approval of Glasgow City Council and the Glasgow Health and Social Care Partnership (HSPC).
Mothers have told the Commissioner and his staff that there is no space to feed their babies, limited washing and cooking facilities, and little support. Cookers and heaters in the rooms are close to babies’ cots and it’s not safe to let them play, crawl, or stand.
These conditions pose a significant risk of violating the children’s human rights, including the right to survival, safety and development; an adequate standard of living; the best possible health; family life, and the right to play.
In April 2021, charities and grassroots organisations raised human rights concerns about the unit, formerly used to house single men. In June, the Commissioner’s team visited the accommodation and met mums and their children.
Following discussions with the Mears Group, COSLA, and the HSPC, the Commissioner called for the mothers and babies to be rehoused and for Glasgow City Council, NHS Greater Glasgow and Clyde, and the HSCP to withdraw their support for the Home Office and Mears Group’s placements in the unit.
A mum who lives in the unit with her child said: “The worst part is knowing my child isn’t safe. I’m in a new country, a new mum, and I don’t have support. I worry about my child far more than I worry about myself.”
Nick Hobbs, Head of Advice and Investigations at the Children and Young People’s Commissioner, said: “I was shocked when the mothers in the unit showed me the conditions they are living in with their babies. This accommodation is totally unsuitable for mothers and babies, particularly those who have the added vulnerability of seeking asylum.
“Asylum accommodation is a reserved matter to Westminster, but use of this unit has been approved by Glasgow City Council and the health board. Scottish public bodies have human rights obligations under the United Nations Convention on the Rights of the Child and must ensure that all their decisions are consistent with the UNCRC. They could have withheld or withdrawn support and advocated for more suitable accommodation.
“We must make sure all refugee and asylum-seeking children are treated with dignity and respect for their human rights. No child should live in conditions that violate their human rights and the Scottish Government should legislate urgently to create human rights-based statutory minimum housing standards for children.”
The Mears Group advised the Commissioner’s office in November that the unit would be repurposed for single people only – but they have failed to move all the babies and their mothers to more appropriate accommodation.
Mr Hobbs added: “We want the Mears Group to urgently relocate all the mothers and babies in this unit to suitable accommodation in Glasgow. They must also be given the support they need for that relocation and helped to integrate into their new communities.
“We also want the council, the health board, and HSPC to make a commitment to not approve asylum accommodation for children that violates their human rights.”
Yvonne Blake, co-founder of Migrants Organising for Rights and Empowerment (MORE), said: “All mothers and babies should live in conditions that are conducive to the nurturing of their babies and the mothers’ health and well-being.
“The unit is wholly unsuitable to have mothers and babies living there, especially during the first year of their lives which is crucial for development. They need to be housed where the mums have support and the children can play.
“The authorities, including Glasgow City Council, must act on the recommendations in this report and act on the numerous calls by the mothers and supporting groups to rehouse the mothers and babies into suitable accommodation in the community where they have support.”
Graham O’Neill, Policy Manager at Scottish Refugee Council, said: “We echo the Commissioner’s call for the women and children to be moved urgently to proper accommodation that is safe and fit for their needs as new mothers, babies and toddlers.
“Too often, people’s needs are forgotten or neglected within the asylum system. Unfortunately, we are seeing inappropriate and substandard housing being used more often, including long-term stays in what should be very temporary accommodation and an increase in institutional settings such as hotel rooms and army barracks. This is completely inappropriate for people who have fled violent conflicts and are living with the ongoing effects of trauma.”
Amanda Purdie, Head of Strategy and Public Affairs at Amma Birth Companions, said: “It is crucial that every parent and child in Scotland is supported to experience positive mental health and wellbeing throughout the perinatal period.
“We remain deeply concerned that the physical, social, and mental wellbeing of both mothers and babies in this unit is suffering as a direct consequence of their living environment.
“We hope the findings of this report will incite swift action from Mears and all relevant authorities – not only to relocate current residents to suitable accommodation, but also to ensure that no child in Scotland is again placed within an environment that violates their human rights.”
Following the report, the Commissioner recommends that:
All mother and babies in the unit are urgently relocated
COSLA and partners must amend procedures to ensure human rights duties of statutory agencies
The Scottish Government should legislate to create human rights-based statutory minimum housing standards for children
Glasgow City Council, NHS Greater Glasgow and Clyde, and the HSCP must commit to not approving any asylum accommodation for children that violates their human rights