Vera Baird
Asylum
Vera Baird: I have little to add. I rely heavily on what was said by my hon. Friend the Member for Slough (Fiona Mactaggart), who made most of the points that I had in mind. May I take the matter outside the white list arena for a short time? Suspended appeals were discussed in an earlier debate, but let us not forget that there will henceforward be a certificate from the Secretary of State that somebody's application, either on an asylum basis or on a human rights basis, is clearly unfounded. Such people will have no right to remain while making any kind of appeal, even if they do not come from an applicant country to the EU. There are all the hazards that my hon. Friend the Member for Slough set out in relation to people being returned to applicant countries in order for them to make their applications from there.
Ten or, as Opposition Members have said, 15 per cent. of people have cause for complaint and have succeeded on appeal, even from those countries. That is bad enough, but we will be sending people back to other countries on the basis that their claims are clearly unfounded. In addition, there will be no independent advisory service with any of the duties that would attach to such a service to tell the Home Secretary when a country is safe or not, and there will be no duty on him to have regard to any advisory service before making such decisions. The advisory service is an extra protection, but it comes into play only when the Home Secretary is considering whether to extend the white list.
In a sense, the white list people are somewhat better off. First, they have a 90 or 85 per cent. chance, because they are in a country that we regard as meriting application to the EU. Secondly, there will have been a screening process for that country through the independent advisory service, from which, I reiterate, it seems important to me that there should be a duty on the Home Secretary to accept advice, whereas people going outside the white list countries on the basis that their claims are clearly unfounded will have neither of those protections at all. They obviously will have no appeal in this country. They will have the prospect of judicial review, and I was pleased that my hon. Friend the Minister was able to reassure me that nobody who had a certificate judicially reviewed would be removed before the judicial review, whether allowed or not, had gone to a full hearing. I framed that question in connection with white list countries. Can my hon. Friend give me the same reassurance that people who are not from white list countries who want to appeal to the divisional court against their certificates will not be removed before the applications have been fully heard?
Beyond that reassurance, I seek a stronger reassurance, because a perusal of other aspects of the legislation seems to show that those who have been certified as clearly unfounded in their claim, even if they judicially review, whether or not they are going to a white country, will not be entitled to any asylum support while they wait for their case to be heard. Judicial review becomes a thin remedy indeed with no means of sustenance and support while trying to implement it. Can my hon. Friend give me some assurance about what seems to be a lacuna in even the scant protection that the divisional court may be able to offer?
Simon Hughes: Is it the hon. and learned Lady's personal interpretation or that of her Committee that the proposals as amended appear to apply to people whether they are inside or outside the UK? That has been a controversial issue. Does she accept that the UNHCR evidence is clear that a presumption against a person can be effectively rebutted only if that person has a right of appeal and is based in the UK? That is important.
Vera Baird: I have made it clear that I do not speak on behalf of the Joint Committee in any of what I say. The Joint Committee raised the real difficulty that, on the face of the proposed legislation, the exclusion of the words
"a person within the United Kingdom"
seemed to mean that no one had a right of appeal anywhere. However, I took that point up with the Minister only recently, and I am now satisfied that a proper reading of the legislation leaves open that appeal from outside the country. I accept wholeheartedly what the hon. Gentleman says about the UNHCR and the need to rebut by having an appeal in the country. It is a thorny area for those who have a strong interest in human rights and ordinary decency.
It seems that there will be resort only to the independent monitor who will produce a report only to the Home Secretary and presumably not deal with individual claims. May I suggest that the independent monitor should instead be answerable to the Joint Committee on Human Rights on behalf of the House?
Spread your message to an audience that counts, with options available for our website, email bulletins and publications including The House Magazine.
