A trio of Lib Dem Lords stand up for LGBT+ Asylum seekers

It was Home Office questions in the House of Lords this week. Three Liberal Democrat peers asked questions about the treatment of LGBT+ people in the asylum system and abroad which has to date been pretty awful. The first was Paul Scriven who asked whether the recommendations to change the disgraceful way LGBT+ people seeking asylum in this country are treated. Here’s the exchange in full:

Lord Scriven (LD): To ask Her Majesty’s Government whether they plan to implement the recommendations in the report by the Independent Chief Inspector of Borders and Immigration of March–June 2014 regarding the handling of asylum claims made on the grounds of sexual orientation, and if so, when.

The Minister of State, Home Office (Lord Bates) (Con): My Lords, the Home Office has been actively working to implement the recommendations. An updated asylum instruction considering sexual identity issues in the asylum claim has been issued. Approved training for staff is under development. These will ensure the sensitive and effective exploration of asylum claims based on sexuality. The Home Office is conducting “second pair of eyes” checks on all such claims to ensure the consistent recording of cases and more accurate data.

Lord Scriven (LD):I thank the Minister for that Answer. He may be aware that an action plan has been agreed with third sector organisations that has become more “plan” than “action”. Can he say when the action plan will be implemented and, if not, will he write to me giving a date? Also, could the person overseeing the action plan be someone equivalent to the director of asylum, rather than a junior policy officer, as is presently the case?

Lord Bates:I am aware of the action plan; it has been drawn up in consultation with the national asylum stakeholders group, which includes groups that work specifically with lesbian, gay and bisexual organisations. He will be aware of the report of the Independent Chief Inspector of Borders and Immigration: we have accepted all its recommendations and they are in the process of being implemented. I do not have a final date for when that will be concluded, but I shall certainly speak with officials about that and write to him.

So far, so non committal.

Then Sally Hamwee asked if the organisations who had helped draw up the action plan would be involved in verifying its implementation:

Will they be involved in monitoring, and will the Home Office keep them in line not just for consultation on snapshot investigations and checks, but to ensure that the procedures and practices of the Home Office and of immigration officials are as we would all wish to see?

The Minister’s reply was less than satisfactory and answered a completely different question:

That was indeed one of the recommendations. Recommendation 4,

“Ensures that all asylum claims recorded on the grounds of sexual orientation are accurately recorded as such”.

I expect that that recording and keeping of records will help us to identify where problems might exist in the system.

The Minister did actually answer Lindsay Northover’s question on whether the Department for International Development is still taking forward the protection and support of LGBT groups—a plan that was of course devised by my former colleague Lynne Featherstone. He replied:

I pay tribute to the noble Baroness’s work in her role as a DfID Minister. We continue to work through the Foreign and Commonwealth Office and public diplomacy to try to ensure that discrimination of that nature is tackled at source. I will look into the projects she referred to, but perhaps we can compare notes to ensure that we are looking at the right ones. However, I will be happy to look into them and ensure that they continue to receive funding.

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6 Comments

  • Richard Underhill 26th Jul '15 - 8:05pm

    “The Home Office is conducting “second pair of eyes” checks …” These people are called Senior Caseworkers (SCW).
    Their existence does not, of itself, increase confidence in the quality of decision making. Where there is institutional xenophobia or institutional homophobia they may standardise it, but do they cure it? For instance the 1951 UN Refugee Convention states that people can suffer persecution for a perceived problem. It does not have to be true. Independent reports from the US State Department, Amnesty International or Human Rights Watch may provide independent evidence that such prejudice is widespread, but did the asylum claimant actually suffer it? and if so, was it discimination or persecution?

    There is widespread worry about credibility. If a class of people of a particular type get granted leave of some kind, others join the queue. The Home Office can provide details of the numbers. The second pair of eyes is less useful than the appeal system, despite its costs and delays.

  • Richard Underhill 26th Jul '15 - 8:07pm

    Check out the position for Cuba, which has one of the best medical systems for a third world country.

  • Richard Underhill 26th Jul '15 - 8:44pm

    Romania under the hard-line Communist regime of Caesescu did not contain troops from Warsaw Pact countries, but when communism fell in neighbouring countries there was a sort of palace coup in Romania. Caesescu and his wife were shot by firing squad on 25/12/1989 (not Christmas Day under the Christian Orthodox calendar).
    The borders were opened to some degree. Ethnic Hungarians started to travel to Hungary, to and fro. Ethnic Germans were given nationality by West Germany.
    Homosexuality had been illegal under the Caesescu regime. The incoming regime were unwilling to make effective changes. Check it out.

  • Paul Scriven 27th Jul '15 - 11:47am

    Lord Bates, the Minister indeed has written to me and the person now overseeing this is senior. The date looks like September. So some progress and I will keep watch.

  • suzanne fletcher 27th Jul '15 - 11:55am

    well done our Peers for not just raising the issues, but incisive questioning on “plan becoming action” (voice of experienced councillor there!) and importance of monitoring (voice of experience there!).
    Glad to see they have been on the ball with the important issue, and look forward to more of such good work in the new term.
    It is part of our policy, as in “making migration work for britian” that ” Better training is needed for staff who deal directly with more vulnerable groups such as victims of torture or trafficking, mentally ill people, pregnant women, children and LGBT people.”

  • Richard Underhill 27th Jul '15 - 2:42pm

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