HL Deb 15 October 1996 vol 574 cc191-2WA
The Viscount of Falkland

asked Her Majesty's Government:

Further to the Secretary of State for Social Security's remarks on 15th July (H.C. Deb., col. 854), whether they have any reason to believe that the withdrawal of benefits will do more to deter bogus claims to asylum than to deter genuine ones, and if so, what is that reason.

Lord Mackay of Ardbrecknish

The restriction in benefit entitlement for asylum seekers is intended to reduce the incentive to economic migrants to abuse the asylum process. The genuine asylum seeker does not come here to get benefits but for protection against persecution. It is the economic migrant who responds to economic incentives.

The Viscount of Falkland

asked Her Majesty's Government:

Whether the Secretary of State for Social Security's remark on the 15th July (H.C. Deb., col. 854) that "the overall number of claims (to asylum) fell by more than half since January 1995" supports the finding of the Court of Appeal that the withdrawal of benefits threatens the right to seek asylum itself.

Lord Mackay of Ardbrecknish

The regulations which Parliament has just confirmed are intended to limit the financial incentive to make and pursue a bogus application for asylum. The asylum seeker who makes his position clear from the start will qualify for benefit while his application is being considered by the Home Office. Once a person has been awarded refugee status they will be able to claim a retrospective payment in respect of any part of their asylum claim during which they were excluded from the benefit system.

Earl Russell

asked Her Majesty's Government:

Whether, in drafting the amendment to the Asylum and Immigration Bill approved in the House of Commons on 15th July, they accepted the finding of the Court of Appeal that the withdrawal of benefits from asylum seekers was in conflict with Sections 2 and 6 of the Asylum and Immigration Appeals Act (1993), and therefore threatened the right to seek asylum itself.

Lord Mackay of Ardbrecknish

We are still considering the legal implications of the Court of Appeal judgment and the possible advantages of a further appeal. We decided that it would be right to act to restore the Government's policy on benefits for asylum seekers as quickly as possible.

Earl Russell

asked Her Majesty's Government:

Further to the Secretary for State for Social Security's remarks on the 15th July (H.C. Deb., col. 845), by what criteria he has judged the regulations withdrawing benefits from asylum seekers to be "successful".

Lord Mackay of Ardbrecknish

The policy is judged a success on the basis of the sharp decline in asylum application which has been seen since the benefit rules were changed in February.

The policy was intended to deter economic migrants from abusing the UK asylum system. Since genuine refugees come to this country to seek refuge rather than benefits. The decline in asylum applications shows that the policy has successfully deterred economic migrants from claiming asylum in the UK.