Cabinet Office 'feigning powerlessness' over refugee policy, says MHK

Joney Faragher criticises report

A Douglas East MHK has accused the Cabinet Office of 'feigning powerlessness' when it comes to formulating a refugee policy.

In Tynwald yesterday, the Refugee Policy Statement and Report, which was published in September last year, was put under the spotlight.

Joney Faragher moved that the report not be received, arguing that more significant work needs to be done by the Council of Ministers to develop a policy that takes the opportunity to give the ‘overall evidence based picture of benefit versus cost‘.

She also alleged that the final report did not achieve the goals agreed by Tynwald in April 2022.

That the Refugee Policy Statement and Report laid before Tynwald in October 2023 is not received; that the Council of Ministers should formulate a policy regarding the acceptance of refugees, as per the original Tynwald resolution of April 2022; that, as part of the preparation of that policy, evidence should be sought from the governments of the UK and Ireland as to what it would take to allow the Island to participate in resettlement schemes operated by those nations; and that the Council of Ministers should seek Tynwald approval for its policy at a debate which should take place no later than the March 2024 sitting of the Court. - Ms Faragher's motion

Cabinet Office Minister Kate Lord-Brennan disagreed.

She instead argued that careful and thorough engagement was deployed to formulate the report and described some of the comments made as ‘disheartening’.

The Minister said: “I’m not sure if the honourable mover actually has any arguments in favour of what she’s actually moving, as opposed to just sort of criticising what’s been prepared.”

Ms Lord-Brennan instead proposed an amendment to the original motion that the report should be received by Tynwald – something seconded by MLC Diane Kelsey.

SUPPORT

One MHK who rose to support Ms Faragher was Arbory, Castletown and Malew MHK Tim Glover, who took issue with how Ms Faragher was challenged, saying: "I’ve been brought to my feet following the comments from the minister of the Cabinet Office on this.

“I feel compelled to state that this isn’t an acceptable way to treat members of this honourable court.

“The mover has outlined compelling reasons that this document isn’t what Tynwald asked for – and it isn’t. The motion as passed asked for a policy, but this document is a list of reasons why we can’t have a policy.

“If that is their response, then I would urge them to openly and honestly state that they won’t do what was asked of them.”

He was joined by Garff MHK Daphne Caine, who argued that members want Cabinet Office ‘to do better’, saying she fully supported the motion, and would like to see the Island’s refugee policy be considered on an ongoing basis, rather than only in emergency situations.

This was echoed by Ms Faragher in her summing up comments, as she sought to convince members that a continuous policy should be developed, rather than a reactionary policy which could be deployed by the government of the day when needed.

THE POLICY

Council of Ministers’ policy statement, as issued in September 2023, states that:

1) Isle of Man Government agrees and affirms that all people have the right to seek asylum and to live free of persecution. It recognises that all displaced persons, including refugees, be they fleeing conflict, natural disaster or other humanitarian crises, require international assistance that is provided in a safe and secure manner, which also affords dignity and respect to those affected.

2) Government affirms its commitment to upholding refugees’ rights under international law and to provide assistance within its scope and ability to do so.

3) Government will continue the vital work to support agencies which seek to address the root causes of displacement, and which provide support to those who have fled conflict, and to neighbouring countries of those experiencing conflict.

4) Government will maintain its close ties with the UK and uphold its role as a Crown Dependency within the UK asylum process. Those who seek asylum and are subsequently granted refugee status in the UK may continue to enjoy the right to take up residence in the Isle of Man, should they wish to do so.

5) Due to its relationship with the UK, the Isle of Man cannot process asylum applications, nor can it house those who are in the UK awaiting decision on their refugee status. Subsequently, the Isle of Man cannot create its own re-settlement routes in addition to or separate from the UK’s, to allow for refugees to be re-settled in the Island.

6) Isle of Man Government will remain flexible and open to the possibility of replicating an operation similar to its response to the invasion of Ukraine, whereby Ukrainians were supported to travel to the Isle of Man and to be hosted by individuals in the community.

7) Activating a response to support displaced persons or refugees in the Isle of Man by way of any future scheme remains within the determination of the executive government of the day (the Council of Ministers) and should include consideration and evaluation of:

The context, including risks and benefits of supporting individuals to travel to the Isle of Man as opposed to supporting them in their home/neighbouring countries;

• Opportunity for a community response;
• Capacity of third-sector support;
• Capacity of Government departments to assist individuals arriving on the Island with signposting, including access to education, benefits and to carry out necessary checks;
• Housing availability including assessment of the private rental market and community based options;
• Medical care and mental health services availability;
• Alignment with, or impact on, budgetary and spending commitments and population growth policy.

8) Isle of Man Government remains open to the potential consideration of exploring further research into Isle of Man involvement in resettlement programmes noting that any participation and terms would have to take account of the above, including additional costs.

DEBATE

The Cabinet Office minister asked Ms Faragher and Mr Glover to withdraw their comments that government had gone against Tynwald’s will, stating that their arguments ‘are based on things that are not true’.

Both members refused, arguing that the motion was made around a ‘debatable point’.

Ms Faragher said the minister would have to ‘agree to disagree' with her on the details, and had some choice words for the current administration:

VOTES

Kate Lord-Brennan's amendment met some opposition, with 16 voting for and eight voting against in the House of Keys, and four voting for and three voting against in Legislative Council.

Alongside Ms Faragher; MHK's Daphne Caine, Claire Christian, Tim Glover, Michelle Haywood, Sarah Maltby, Juan Watterson, Chris Thomas, and MLC's Dawn Kinnish, Paul Craine and Kerry Sharpe all voted against the move, which ultimately was passed.

Voting for the motion as amended were 17 MHKs and 5 MLCs - meaning it ultimately passed.

Ms Lord-Brennan spoke with Manx Radio's political correspondent Phil Gawne after her amendment for Tynwald to receive the report was successful.

She said a minority of members are ‘perhaps not happy with the government’s position’ and policy: