§ Lord Alton of Liverpoolasked Her Majesty's Government:
Why they rejected counsel's advice obtained by Save the Children which recommends that the Government withdraw their reservation in respect of nationality, immigration and asylum to the United Nations Convention on the Rights of the Child. [HL3843]
§ The Minister of State, Home Office (Lord Rooker)We have carefully reviewed the reservation in the light of the legal opinion submitted by Save the Children and other recent requests that it should be withdrawn. We have taken legal advice which strongly suggests that the reservation remains necessary in order to maintain an effective immigration control. We consider that, notwithstanding the reservation, there are sufficient checks and balances in place to ensure that children are protected.
The United Kingdom always takes its international obligations seriously. We are obliged, under the 1951 United Nations Convention Relating to the Status of Refugees, to consider all applications for asylum made in the United Kingdom. Each application is considered on its individual merits. While awaiting a decision on their claims, all asylum seeking children have access to primary healthcare and education facilities and there are currently no outstanding cases where the United Nations Convention on the Rights of the Child (UNCRC) has been cited by children seeking asylum here. The majority of asylum seeking children are, of course, accompanied by their families.
We fully appreciate the potential vulnerability of unaccompanied children and the distress they may experience while awaiting a decision on their asylum claims. The need for anxious scrutiny is stressed in training and guidance to all staff involved in the asylum decision-making process. Because of the 64WA particular sensitivities surrounding applications from unaccompanied children, their cases are given priority and dealt with by specially trained caseworkers, who are provided with comprehensive instructions setting out areas to consider when dealing with such applications. These instructions are available on the Internet and are reviewed on a regular basis.
All unaccompanied minors who apply for asylum are referred to the Refugee Council's panel of advisers, a non-statutory body which acts as adviser to the child in his/her dealings with the Home Office and other agencies for the duration of the asylum claim. Unaccompanied minors are not entitled to benefits but are supported under the Children Act 1989 (maintenance and accommodation being provided by social services departments of the local authorities). It has been agreed that no unaccompanied child will be removed from the United Kingdom unless we are satisfied that adequate reception and care arrangements are in place in the country to which he/she is to be removed. If care arrangements cannot be established, the child is normally allowed to remain here exceptionally, outside the Immigration Rules, on compassionate grounds.
For these reasons, we do not accept the recommendation made in the legal opinion forwarded by Save the Children.
§ Lord Alton of Liverpoolasked Her Majesty's Government:
Whether their reservation in respect of nationality, immigration and asylum to the United Nations Convention on the Rights of the Child is capable of a broader interpretation than that which they apply. [HL3844]
§ Lord RookerIf I have understood the noble Lord correctly, he is asking whether it might be possible to re-draft our reservation to the United Nations Convention on the Rights of the Child (UNCRC) in such a way as to define specific situations where our reservation would come into force.
The United Nations Convention on the Rights of the Child is written in terms of broad-brush statements rather than in precise legal language. As such, it is possible for signatory countries to interpret the UNCRC in slightly differing ways and for interpretation to change over time. In view of this, I believe it appropriate to retain a similarly broad reservation. Were we to tighten the terms of our reservation, this might compromise our immigration and nationality laws at some later stage following changes of interpretation as to how the UNCRC should be applied. For this reason we believe that it is sensible to retain the reservation as presently worded.
§ Lord Alton of Liverpoolasked Her Majesty's Government:
What their assessment is of the potential conflict between the detention of children seeking asylum and Article 3 of the United Nations Convention on the Rights of the Child.[HL3845]
65WA
§ Lord RookerUnaccompanied asylum seeking children are not detained other than in the most exceptional circumstances and then only overnight with appropriate care.
Detention of children as part of a family unit is not a step to be taken lightly. In each case careful assessment of the need for detention is undertaken.
When children and families are detained they are accommodated in special family units within dedicated family wings of the removal centre. These areas provide a safe and protected environment for children, where their welfare and care are a primary concern.