To ask His Majesty’s Government what assessment they have made of the ethical considerations of the use of X-rays to determine the age of child refugees seeking asylum in the United Kingdom.

To ask His Majesty’s Government what assessment they have made of the ethical considerations of the use of X-rays to determine the age of child refugees seeking asylum in the United Kingdom.

The Home Office Chief Scientific Adviser convened an independent age estimation science advisory committee to provide the department with independent advice on the ethics and implementation of different scientific approaches to age assessment. No official decisions have been made on the use of scientific methods, and the use of X-rays specifically would need to be independently justified and approved under the Justification of Practices Involving Ionising Radiation Regulations 2004.

The Home Office Chief Scientific Adviser convened an independent age estimation science advisory committee to provide the department with independent advice on the ethics and implementation of different scientific approaches to age assessment. No official decisions have been made on the use of scientific methods, and the use of X-rays specifically would need to be independently justified and approved under the Justification of Practices Involving Ionising Radiation Regulations 2004.

The report is still under evaluation. I am afraid there is no estimate at the moment for the production of the report.

The report is still under evaluation. I am afraid there is no estimate at the moment for the production of the report.

As I said, the report is being considered and a decision on publication will be made in due course.

As I said, the report is being considered and a decision on publication will be made in due course.

The answer is no. By way of background, I remind the noble Baroness that, between 2016 and September 2022, there were 7,357 asylum cases where age was disputed and subsequently resolved, in which half the individuals—3,696—were found to be adults. At least 27 other European countries use scientific or medical methods as part of their age assessment process. The most common method by far internationally is the use of one or more X-rays, usually dental, wrist, clavicle or knee, although MRI scans, CT scans and physical or psychological examination by a doctor are also reported. The implementation of SAA across Europe varies enormously, with different methods or combinations of methods, data outputs and timing, and the use of negative interference.

The answer is no. By way of background, I remind the noble Baroness that, between 2016 and September 2022, there were 7,357 asylum cases where age was disputed and subsequently resolved, in which half the individuals—3,696—were found to be adults. At least 27 other European countries use scientific or medical methods as part of their age assessment process. The most common method by far internationally is the use of one or more X-rays, usually dental, wrist, clavicle or knee, although MRI scans, CT scans and physical or psychological examination by a doctor are also reported. The implementation of SAA across Europe varies enormously, with different methods or combinations of methods, data outputs and timing, and the use of negative interference.

Although I am tempted to address my noble friend’s topic, which is slightly off the topic of this Question, I will say only that the response to the problem of Albanian young men crossing the channel is being considered speedily by the department, and policies will be formulated shortly.

Although I am tempted to address my noble friend’s topic, which is slightly off the topic of this Question, I will say only that the response to the problem of Albanian young men crossing the channel is being considered speedily by the department, and policies will be formulated shortly.

I disagree with the noble Lord. As I have already said, there is clear evidence that many people claim to be a minor when they are not. Clear safeguarding issues arise if a child is inadvertently treated as adult and, equally, if an adult is wrongly accepted as a child and placed in accommodation with younger children to whom they could present a risk.

I disagree with the noble Lord. As I have already said, there is clear evidence that many people claim to be a minor when they are not. Clear safeguarding issues arise if a child is inadvertently treated as adult and, equally, if an adult is wrongly accepted as a child and placed in accommodation with younger children to whom they could present a risk.

The international experience would tend to suggest that that is not the case. The position adopted by the department is that age assessment is one option on a menu of options available for the assessment of age; there is no suggestion that the assessment of age will be undertaken, at this stage and in the present state of the science, simply on a scientific assessment.

The international experience would tend to suggest that that is not the case. The position adopted by the department is that age assessment is one option on a menu of options available for the assessment of age; there is no suggestion that the assessment of age will be undertaken, at this stage and in the present state of the science, simply on a scientific assessment.

I entirely agree with my noble friend. I can assure the House that we will ensure that scientific methods are implemented in such a way as to be compliant with the existing regulatory and statutory frameworks governing safety. I entirely agree with the sentiment of my noble friend’s question.

I entirely agree with my noble friend. I can assure the House that we will ensure that scientific methods are implemented in such a way as to be compliant with the existing regulatory and statutory frameworks governing safety. I entirely agree with the sentiment of my noble friend’s question.

Plainly they will be formally approved by the advisory committee to the Home Secretary, and one suggests that the views of relevant professional bodies will be of great weight in making such a decision.

Plainly they will be formally approved by the advisory committee to the Home Secretary, and one suggests that the views of relevant professional bodies will be of great weight in making such a decision.

In the context of decisions made in magistrates’ courts, I agree that it is a judicial decision. In the context of asylum-seeking people who say that they are minors, the question then falls to the Secretary of State to determine whether they should be treated as a minor—and sadly, as I say, experience suggests that a large number of people have suggested that they are minors in order to take advantage of the perhaps more beneficial regime. It is very important that those people, for the reasons that I have already given the House, are weeded out by such a fair system as we can determine.

In the context of decisions made in magistrates’ courts, I agree that it is a judicial decision. In the context of asylum-seeking people who say that they are minors, the question then falls to the Secretary of State to determine whether they should be treated as a minor—and sadly, as I say, experience suggests that a large number of people have suggested that they are minors in order to take advantage of the perhaps more beneficial regime. It is very important that those people, for the reasons that I have already given the House, are weeded out by such a fair system as we can determine.

At the moment, the answer is both.

At the moment, the answer is both.

I entirely agree with my noble friend that it is an unusual position for the BDA to adopt.

I entirely agree with my noble friend that it is an unusual position for the BDA to adopt.