Order, order!

European Refugee Crisis (Unilateral Commitments) Bill 2016

A bill to establish a humanitarian admission programme with unlimited humanitarian visa places in the long term; to establish minimum short-term quotas for admissions; to establish a legal and infrastructural framework for the distribution of new humanitarian visas in population centres and refugee camps; to establish regulations for the reception of individuals under the admission programme; to require the UK to support and participate in Europe-wide resettlement agreements; to commit the UK government to hold to the principles of non-discrimination and non-refoulement in its stance in international negotiations; to require the UK relocate 40,000 refugees from inside the EU; to reform immigration and asylum laws such that humanitarian visas are counted towards the five-year period before indefinite leave to remain is permitted; to ensure that people admitted for five years under the humanitarian programme are automatically given asylum; to require adequate security is provided for British government workers implementing this law; to require that the British Navy support search-and-rescue efforts but does not participate in sending individuals back to unsafe third countries; to require reports to be prepared by relevant departments on a quarterly basis; and for other purposes.

Preamble:

EU member states have previously committed to establish a voluntary humanitarian admission programme to move large numbers of vulnerable individuals into the European Union. This legislation will establish such a programme for Britain in addition to ensuring our participation in Europe-wide efforts for resettlement and relocation, includes miscellaneous measures to help alleviate the crisis, and corrects some aspects of our asylum procedure to fit the new humanitarian visa created under the act.

BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:-

1) Definitions

a) Humanitarian admission shall refer to the practice of issuing temporary humanitarian visas and providing safe transfer to the UK for displaced individuals present in conflict zones or other countries not considered ‘safe third countries’.

b) Resettlement shall refer to the selection and safe transfer of refugees from a state in which they have sought protection to Britain as refugees, with a permanent residence status.

c) Relocation shall refer to the safe transfer of already-recognised refugees from another EU member state to Britain.

d) A safe third country for the purposes of this legislation shall refer to an EEA state, Switzerland, Canada, or the United States. An unsafe third country shall refer to any other state containing substantial numbers of externally displaced persons seeking access to the UK or Europe.

2) Humanitarian admission

a) The United Kingdom shall establish a Humanitarian Visa Programme (HVP) to be issued to recipients of humanitarian admission.

b) Humanitarian visas shall be issued to individuals originating from countries or sub-national regions of origin with a 60% or higher rate of successful applications for protection (whether that be asylum, subsidiary protection or humanitarian protection) in the most recent Eurostat quarterly report.

c) The Home Secretary may additionally identify countries or sub-national regions experiencing a developing or irregular humanitarian emergency and may issue humanitarian visas for individuals originating in such places for a period of up to six months.

d) Humanitarian visas shall be issued at British embassies and consulates, and at new centres in unsafe third countries or countries of origin, established either unilaterally or in cooperation with other states operating similar programmes.

e) At least one fully-staffed centre for humanitarian visa applications should be present at all times either within, or less than three kilometres from, all refugee camps or population centres estimated to contain more than 4,000 eligible applicants.

f) Fully-staffed mobile centres for humanitarian visa applications should be established and should be present in other camps and population centres on the following bases:

i.) A camp or population centre estimated to contain more than 1,000 eligible applicants should have a mobile centre present no less than once per month, for a period of no less than one week at a time.

ii.) A camp or population centre estimated to contain more than 400 eligible applicants should have a mobile centre present no less than once per month, for a period of no less than three days at a time.

iii.) A camp or population centre estimated to contain more than 100 eligible applicants should have a mobile centre present no less than once per three months, for a period of no less than three days at a time.

g) The only exception to these requirements shall be in situations where a centre cannot be reasonably established due to risk of violence against the workers involved.

h) Humanitarian visas shall be issued for a period of eighteen months, and shall be automatically renewed until such time as the following conditions are met:

i.) The region or country of origin under which the individual originates from no longer meets the criteria for new humanitarian visas being issued.

ii.) The Home Secretary certifies that individuals present in Britain can be returned to that region or country without breaching the principle of non-refoulement.

i) Individuals seeking humanitarian visas shall submit to fingerprinting and registration, and shall not be admitted to the United Kingdom under this programme if there is reasonable cause to believe that the individual may be involved in promoting or perpetrating acts of crime or terrorism within this country.

j) The Home Office may mandate that new arrivals under this programme reside in a reception centre for up to two weeks upon arrival in the United Kingdom, and accommodation in reception centres must be provided on a voluntary basis for a period of up to six months. The necessary conditions for reception centres shall be established by statutory instrument, but must exceed the minimum standards set down in this Act as well as those in the Council Directive 2003/9/EC of 27 January 2003 on reception of asylum seekers.

k) It shall be an offence for an individual or organisation to actively or negligently fail to provide the necessary standards in a reception centre or to otherwise violate the rights of individuals under this Act punishable by a high-level community order, an unlimited fine, or both. Any individual convicted of this offence or any other rights violation shall be prohibited from receiving employment or contracts with any Government department or contractor working in the immigration, asylum and reception system.

l) The cost of accommodation in a reception centre beyond the initial two-week period shall be deducted from the individual’s basic income, however the cost per month of room and board shall be no higher than the median monthly rent on single-bedroom social housing in either that local authority or the UK at large, whichever is lower.

m) Individuals present within the United Kingdom on humanitarian visas shall be permitted to apply for asylum within this country under the regulations in section 5.

n) Individuals present within the United Kingdom on humanitarian visas shall be permitted to work and establish businesses in the UK, and shall be entitled to basic income payments (the first year’s payment shall only be paid in proportion to the fraction of the year they have been present in the UK) and other relevant benefit payments. If an individual on a humanitarian visa so chooses, they may receive basic income on a monthly or quarterly basis for a maximum of six months in order to assist with setting up their life in this country.

o) The number of humanitarian visas shall be unlimited over the long term, however the Home Secretary is permitted to limit the number of entries through this programme temporarily according to the following regulations:

i.) Visas shall be issued to all eligible individuals immediately and shall be issued with a numerical code indicating the individual’s position in the ‘queue’ for entry. Special provision shall be made for immediate entry for those in immediate danger, unaccompanied minors, those in need of immediate medical attention not available in their present location, or any other exigent circumstances.

ii.) For the first calendar month after the implementation of this programme, a minimum of 5,000 people must be allowed to enter the United Kingdom.

iii.) For the three following calendar months, a minimum of 10,000 people must be allowed to enter the United Kingdom.

iv.) In subsequent months a minimum of 20,000 people must be allowed to enter the United Kingdom.

v.) The Home Office shall endeavour to ensure that the maximum possible number of people are allowed humanitarian entry each month regardless of these minimum quotas.

vi.) Individuals issued visas shall be conducted to the UK and onwards to a reception centre through free, safe modes of transport once they are eligible to enter.

vii.) Individuals who are negligently or maliciously denied access to the United Kingdom or to an immediate entry position they are entitled to shall be permitted to sue the government for damages.

p) The United Kingdom shall seek to coordinate internationally with other European states to establish similar programmes, and will seek to divide financial and settlement responsibilities under voluntary humanitarian resettlement programmes according to the ability of each participating state, and will seek to coordinate with them in running joint processing centres in population centres and refugee camps.

3) Resettlement

a) The UK shall support the establishment of, and opt in to participating in, any agreed Europe-wide resettlement scheme, and will contribute places to that scheme proportional to its share of the GDP of the participating countries.

b) Resettlement shall be prioritised for the following categories:

i.) Those who are least likely to be capable of successfully and safely returning home in the aftermath of the conflict.

ii.) Those who have been awaiting resettlement in ‘hotspots’ for the longest periods of time.

iii.) Unaccompanied minors.

c) No discrimination shall be made as to country of origin in decisions on resettlement, other than as a factor in considering the risks and factors in eligibility. The UK shall oppose any effort by other states to limit eligibility for resettlement in international programmes to those originating from any single country or region of origin.

d) The UK shall oppose efforts by other EU states to seek any responses to the crisis that focus on increasing the already substantial risks of coming to Europe illegally instead of providing safer paths than people-smuggling.

e) The UK shall not discriminate against any applicant for resettlement under any protected characteristic under the Equality Act 2010.

f) The Home Office shall be required to fully and thoroughly carry out any international commitments made, in full, and in a timely fashion. Affected individuals shall be permitted to sue the government for damages if stated resettlement commitments are not carried out.

4) Relocation

a) The UK shall carry out the relocation of 40,000 existing refugees from other EU member states who shall be accepted fully as refugees under UK law.

b) Relocations shall be prioritised in the following order:

i.) Countries of first entry into the EU with asylum systems under substantial pressure.

ii.) Countries that have offered protection to disproportionately large numbers of migrants in the past.

iii.) Other countries operating substantial voluntary humanitarian admission schemes.

iv.) Countries not otherwise specified.

v.) Countries deemed by the Home Secretary to be particularly non-cooperative in the solution to the crisis.

c) The Home Secretary shall review the relocation programme and present a statement to the House of Commons concerning whether any amendments or further spaces are required in January of 2017.

5) Immigration law amendments:

a) An individual’s presence in the UK on a humanitarian visa shall not exclude them from applying for asylum, however it should be judged in making a decision. Full asylum should not be granted to an individual who is likely to be capable of returning to their country of origin after they are no longer permitted to stay on a humanitarian visa. An individual whose request is denied under these grounds shall be permitted to reapply, and requests should be granted if their humanitarian visa may not be renewed and circumstances have changed such that they are unlikely to be capable of returning safely in future.

b) Time spent in the UK on a humanitarian visa shall count towards the five year requirement before one can apply for indefinite leave to remain but the refugee status shall last the full five years from when it is awarded.

c) An individual who has been present in the UK on a humanitarian visa for five years shall be permitted to apply for indefinite leave to remain immediately, and shall receive a full five year refugee status automatically.

d) An individual who has been relocated to the UK shall not be subject to any restrictions more strict than those in the country they were relocated from.

6) Other commitments and miscellaneous provisions

a) The British government shall make all necessary security resources available to ensure that workers involved in programmes set up under this Act are safe from harm.

b) The British Navy shall contribute fully to international search and rescue operations in the Mediterranean, but shall not cooperate in returning any asylum seekers to unsafe third countries.

c) The Departments of Defence, Health, Justice, Education, Work and Pensions as well as the Home and Foreign Offices are to immediately, and thereafter on a quarterly basis, prepare reports for the Treasury estimating the extent of, and any unexpected variations in, their spending requirements. The Treasury prepare a similar report concerning the impact on tax revenues immediately, and thereafter each quarter.

7) Enactment and short title

a) Section 2 shall come into force on the first day of the calendar month following the passage of the next Budget.

b) Sections 3, 4, 5, and 6 shall come into force one month from the passage of this Act. This Act may be cited as the European Refugee Crisis (Unilateral Commitments) Act 2016.

c) This Act shall extend to the United Kingdom of Great Britain and Northern Ireland

This bill was submitted by /u/colossalteuthid on behalf of the 9th Official Opposition. This reading shall end on the 25th of May