§ 2.50 p.m.
§ Earl Russell asked Her Majesty's Government:
§ When they expect to make an announcement about the nature and extent of the help promised to local authorities with their responsibilities to asylum seekers arising under the Children Act 1989.
§ Baroness CumberlegeMy Lords, the Department of Health jointly with the Department of the Environment have had discussions with representatives from the local authority associations regarding the implications for local authorities resulting from the changes in social security benefits for asylum seekers.
§ Earl RussellMy Lords, I thank the Minister for that reply. She is no doubt aware that we have been given categorical assurances on the subject, but it deals with an emergency that came into effect a month ago tomorrow. While honour in government assurances is taken for granted, punctuality is also to be desired.
§ Baroness CumberlegeYes, my Lords, I appreciate the sentiments expressed by the noble Earl. The grant that will be forthcoming for local authorities will be paid in arrears, so that their costs will be covered.
§ Baroness Farrington of RibbletonMy Lords, is the Minister aware that the children of asylum seekers will lose their entitlement to free school meals which are predicated on income support? What do the Government intend to do to ensure that such children receive the necessary free school meals in the interests of their health?
§ Baroness CumberlegeMy Lords, the position will be as before. If asylum seekers or their children qualify for benefits, those benefits will still be supplied. Up to 80 per cent. of the unavoidable additional expenditure will be paid to local authorities. The noble Baroness shakes her head. I am not sure whether she appreciates the distinction between asylum seekers who are appealing after their case has been reviewed and those who have not appealed. Where such people are appealing, I understand that the benefits will not be forthcoming as they have been in the past but that, nevertheless, under the Children Act there is a duty on the Social Services Department to ensure that the children are looked after.
§ Baroness Jay of PaddingtonMy Lords, is the Minister aware that the Social Security Advisory Committee, the Government's own independent committee, spoke about the withdrawal of benefits to asylum seekers in the following terms:
Health professionals have warned that, given the vulnerability of many asylum seekers due to already precarious health, some will die"?7 Is not the Minister worried that, given the delay in announcing the new provisions, problems will particularly affect the children? Unless the benefit is at a high level and permanent, the problems may come to fruition.
§ Baroness CumberlegeMy Lords, officials are discussing the details with colleagues from the Department of the Environment and local authority associations. That fully meets the most pressing concerns put to the Government by the Social Security Advisory Committee and local authorities.
§ Baroness Gardner of ParkesMy Lords, is it not true that local authorities have been supplying the services? That is why they have been asking the Government for extra help. It is not that people have not been looked after. The burden has fallen unevenly on different boroughs in different areas, particularly in London, and in different years. Therefore, local authorities are pleased with what is happening in asylum funding.
§ Baroness CumberlegeYes, my Lords, I believe that my noble friend is right. The local authority associations are continuing discussions with the Government and are now well aware that 80 per cent. of their unavoidable additional expenditure above a certain threshold will be met, as will the housing benefit subsidy forgone.
§ Lord Lester of Herne HillMy Lords, has the Minister received any estimates from local authority organisations as to the financial level of help that will be required as a result of the policy?
§ Baroness CumberlegeMy Lords, I understand that we are awaiting that.
§ Baroness Farrington of RibbletonMy Lords, will the Minister confirm that she said that, under the Children Act, it is open to local authorities to ignore the criteria for the provision of free school meals in any case where they consider it to be in the interests of children?
§ Baroness CumberlegeMy Lords, I do not believe that I can better the answer that I gave to the noble Baroness. If the family would have been eligible, I understand that, subject to the time period of the appeal, the ruling is the same.
§ Earl RussellMy Lords, will the noble Baroness agree that her replies so far could be described as more sympathetic than specific? Can she tell us when the next meeting with local authority negotiators is scheduled?
§ Baroness CumberlegeMy Lords, it is up to them to decide when they wish to speak to the department. After all, it is they who are collecting the information to present to the department.