Brunei: Anti-LGBT Laws

Debate between Baroness Goldie and Baroness Sherlock

Thursday 11th April 2019 Lords Chamber

[Baroness Goldie]

I thank my noble friend for a pertinent observation. The Commonwealth Ministerial Action Group is currently chaired by Kenya, and the UK is a member by virtue of being chair in office. That group provides a space for sensitive discussions. By convention, I am not at liberty to confirm which specific issue we will raise in that forum, but I do not think a crystal ball is required to predict that this issue may be of interest.

[Baroness Sherlock (Lab)]

My Lords, Article 1 of the UN Convention against Torture prohibits the use of intentionally inflicted pain as a form of punishment by a state actor. We are a signatory to that convention, and Article 3 says that we should not send anybody back to a country where they could be subject to this kind of treatment. I commend the noble Lord, Lord Lexden, on having raised this, but can the Government tell us what our country is going to do? What guidance has been given to asylum decision-makers here and to our high commission in Brunei to give protection to anyone facing these awful punishments?

[Baroness Goldie]

Let me reassure the noble Baroness that advice has been given to British citizens; it is available from the FCO. We are not advising against travel to Brunei. Advice will be given so that people can travel there and be safe. Perhaps we should consider the position of British forces in the garrison in Brunei. We have the necessary protections in place with the Government of Brunei to mitigate against any issues that might arise from the introduction of these new laws. In relation to the United Nations, the United Kingdom’s position is clear. The noble Baroness is correct that we wish Brunei to expedite its ratification of UNCAT. That is important and would be a welcome move, but we want Brunei to go further to safeguard against the use of inhumane punishments and to protect all individuals from discrimination on any grounds.

European Union (Withdrawal) Bill

Debate between Baroness Goldie and Baroness Sherlock

Report: 4th sitting (Hansard): House of Lords
Monday 30th April 2018 Lords Chamber

[Baroness Sherlock (Lab)]

My Lords, this has been an important short debate. I congratulate my noble friend Lady Massey of Darwen on the way she introduced it and on her ongoing battle to protect the rights of our children, and I expect to hear much more from her on that many times in the future.

As we have heard today, at EU level a number of key legislative mechanisms work in conjunction with each other to ensure that children’s rights are protected when EU law and policy is being developed, applied and interpreted: the ECHR, the EU charter and, crucially, the UN Convention on the Rights of the Child. As we have heard, the key issue is that measures enacted at EU level, whether or not they directly target children, are interpreted and applied by member states in a manner that is consistent with international children’s rights standards. It is the loss of that that so many people inside and outside Parliament are concerned about. The inadequacy of domestic legislation in doing that job has been articulated so well by my noble friends Lady Massey and Lady Lister, the noble and learned Baroness, Lady Butler-Sloss, the noble Lord, Lord Storey, and the noble Baroness, Lady Meacher. The case is compelling.

This amendment would go some way to try to rectify that by ensuring that Ministers cannot make regulations under the relevant section of the Bill without reference to the parts of the UNCRC ratified by the UK. The Government would therefore have to commit to Parliament that they would give due consideration to Part 1 of the convention before using powers transferred from the EU, and, crucially, they would have to set out an audit of how children’s rights will continue to be protected in the UK after exit day. The importance of an audit and an impact assessment—a point made by the noble Earl, Lord Dundee—cannot be understated. Or do I mean overstated?

We all share the same goal: that we should create and maintain a society in which all children are valued, safe and able to flourish. The right reverend Prelate the Bishop of Leeds made that point clearly: children are people and are our future as well as our present. But as a society we have learned slowly that the risks to children’s safety are not always obvious, nor is it always obvious which are the actions that can pay positive dividends in helping them to flourish. If we do not intentionally look at the implications of generic actions for children, there will be unintended consequences. My noble friend Lady Massey gave some good and powerful examples of that, and the noble Baroness, Lady Meacher, gave a good case of how international law has to be used to defend those rights. It is crucial that we retain appropriate mechanisms for ensuring that due regard is paid to children’s rights when policy and law are being developed.

The Minister will have heard the concerns expressed from around the House and that the Government’s previous reassurances have not served to reassure Members or key people outside. I have two simple questions for the Minister. Does she understand why people are so concerned about what will happen to the status of children’s rights in the UK after Brexit? If so, what will the Government do to ensure that, as the Bill brings EU legislation into domestic law and transfers powers from the EU to Westminster, fundamental rights for children are not weakened in the process, either deliberately or accidentally? I look forward to her reply.

[Baroness Goldie]

My Lords, I am grateful to the noble Baroness, Lady Massey, for raising the important issue of children’s rights through this amendment. I know that both the noble Baronesses, Lady Massey and Lady Meacher, met the Children’s Minister recently to discuss these matters. I fully accept that the intention behind this amendment is clearly an honourable one. However, it would in effect add no further value to preserving current safeguards on children’s rights within the Bill. This is because the amendment implies that the EU offers additional duties or functions to safeguard children’s rights above or beyond those that exist in the UK. That concern may stem from the Government’s proposal to not retain the Charter of Fundamental Rights, subject now to further consideration when this Bill returns to the other place. However, if the charter no longer applies once we exit the EU, this would not impact on the UK’s ability to protect and safeguard children’s rights, as I shall endeavour to explain.

The amendment also states that there are some children’s rights which are not currently protected under domestic law but are under EU law. Again, however, we do not accept their construction. The noble Baroness, Lady Sherlock, raised the important point about what these rights are and what will happen to them on exit. Children’s rights are, and will remain, protected in England primarily through the Children Act 1989, the Adoption and Children Act 2002, and the Children Act 2004.

--- Later in debate ---

[Baroness Sherlock]

My Lords, EU family law provisions are tried and tested. There is a broad consensus that they work well, and with the advent of the Brussels II recast—as it is known in the trade—they will become more effective still. At earlier stages of the Bill, I set out in some detail the challenges for international family law post Brexit, so I will not rehearse those again. However, as the noble Baroness, Lady Burt, has said, this amendment is focused on what happens to child maintenance when we leave the EU.

Child maintenance matters because parents can separate or divorce but they do not cease being responsible for their children. Children have a right to support from both parents, even if one lives abroad. Maintenance plays a key role in lifting single-parent families out of poverty. Receipt of child support is also positively associated with single parents taking up work and with children maintaining contact with a non-resident parent.

This may be private law, but the need for it to work well and be enforceable is a matter of public policy importance. Even the UNCRC mandates, at Article 27, contracting states to take all appropriate measures to secure the recovery of child maintenance and, when a parent lives abroad, to promote accession to international agreements. So there are compelling reasons for Parliament to want to be assured that we will have a well-functioning system to enable the assessment and enforcement of child maintenance owed by a parent living in one of the EU 27. The Minister told the House that, during the implementation or transition period, the current reciprocal rules, including the key EU family law instruments and Hague conventions, will continue to apply as now. Beyond that, we do not yet know what the landscape will look like.

Ministers have signalled that they would like to continue to participate in the Lugano convention, but that is nothing like a substitute for the maintenance regulation, as that part of the EU family law provisions are known. The 2007 Hague convention would go some way towards assisting with the recognition and enforcement of maintenance obligations, but it too falls well short of the maintenance regulation. It has no general system of jurisdictional rules, and you cannot enforce spousal maintenance orders via the central authorities unless they are linked to enforcement of a child maintenance order. We are left hoping that the Government will be successful in negotiating a reciprocal deal that will serve our people well. Given the significant number of international divorces, these issues cannot be ignored.

Ministers are confident that comparable reciprocal arrangements can be achieved to replace the EU family law provisions. This amendment would simply require Ministers to tell us how. If Ministers do not smile on this amendment, perhaps they could tell the House how and when the Government will update us on progress. I look forward to the Minister’s reply.

[Baroness Goldie]

I thank the noble Baroness, Lady Burt, for raising the important issue of child maintenance, which we recognise is of particular importance to many families across the UK. As the Government outlined in their position paper published in August last year, we are seeking a comprehensive future agreement with the EU on civil judicial co-operation that is based on the substance of the current EU regulations, including the maintenance regulation. I stress again that the precise nature of this relationship will be a matter for negotiation.

However, I assure the House that the Government are committed to working with our EU partners to agree the most effective rules in this area which reflect our close existing relationship on this important issue. This approach will provide confidence and certainty to families and individuals, ensuring they can continue to enforce cross-border maintenance orders efficiently and effectively in the future. As both noble Baronesses, Lady Burt and Lady Sherlock, rightly said, these orders are hugely important to the families involved.