European Union (Withdrawal) Bill

Baroness Massey of Darwen Excerpts

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

Moved by

[Baroness Massey of Darwen]

55A: Clause 9, page 7, line 17, at end insert—
“(e) make any provision without giving consideration to Part I of the United Nations Convention on the Rights of the Child ratified by the United Kingdom.(3A) The condition in subsection 2(e) is fulfilled if, and only if, a Minister of the Crown lays before both Houses of Parliament—(a) a Ministerial Statement committing to give due consideration to Part I of UNCRC ratified by the United Kingdom when carrying out duties and functions that were within the competence of the EU before exit day, or when exercising powers under this section or powers under section 7 to prevent, remedy or mitigate deficiencies; and(b) a comprehensive audit setting out how children’s rights will continue to be protected across the United Kingdom after exit day, particularly in areas where children’s rights are not currently protected under domestic law but were, before exit day, in EU law.”

[Baroness Massey of Darwen (Lab)]

My Lords, together with many noble Lords, I have always fought for the rights of children, to protect children, to engage children and to empower children. I have to declare an interest now that I am chair of the Council of Europe Sub-Committee on Children. I am also active in children’s issues in the UK.

The amendment explores the potential impact of Brexit on children. I thank the Minister for Children, who along with his staff met me a couple of weeks ago. I hope the Government are listening today. I do not intend to call a vote on this amendment but I want to strongly draw attention to how important it is to consider children in all aspects of our discussions on Brexit. I hope that after this debate we will have further talks with Ministers about the rights of children, and that they will guarantee that children’s issues are monitored throughout the discussions.

Despite the Government’s stated commitment to the UN Convention on the Rights of the Child and their reassurances that children’s rights will not be affected by the departure of the UK from the EU, it is clear that both the foreseeable and unforeseeable impacts of the UK’s withdrawal on children’s lives have not been thoroughly considered in the Government’s proposals as contained in the withdrawal Bill. This has already been raised as a concern by MPs, Peers and children’s organisations alike, given that the legislation and protections derived from our membership of the EU affect so many aspects of children’s lives, from consumer and environmental protections to cross-border safeguarding and anti-trafficking measures.

We have already drawn attention to the need to ensure that we do not go backwards in the protection of children’s rights during and after Brexit. This is about preserving existing rights and protections for children and making sure that our exit from the EU does not erode or undermine them. We have heard many assurances from the Government that they are fully committed to children’s rights and protections and to the UN Convention on the Rights of the Child. They maintain that their ability to safeguard children’s rights will not be affected by withdrawal from the EU and that these issues will go into domestic law. However, it is a serious matter that we know that decisions taken at central government level, which have a significant impact on children’s lives and well-being, are not taken with the principles and provisions of the UNCRC in mind. For example, assessments of the potential and expected effects on children’s rights are not yet routinely carried out, and we know that in 2016 the UN Committee on the Rights of the Child, which monitors the implementation of the UNCRC, recommended that the UK ensure that all the principles and provisions of the convention be directly applicable in law in the UK, which is currently not the case.

That is why I have tabled an amendment requesting a government commitment, in the form of a ministerial statement, to consider the UN convention when making legislative changes as a result of EU withdrawal. Despite assurances to the contrary, our current domestic legislation is not comprehensive enough to ensure the full protection of children’s rights after our exit from the EU. The Human Rights Act and the Children Acts of 1989 and 2004 provide important but insufficient protections. While retaining the Charter of Fundamental Rights would be extremely useful and welcome, the amendment would ensure additional protection for children and their rights.

In preparation to leave the EU, as the statute book is amended, we should be wary of any changes that affect children in a contrary way. There is a real risk that children's rights will not be considered. That could have serious implications for children in a number of areas, namely data protection; cross-border co-operation in child safeguarding and anti-trafficking efforts; paediatric clinical trials; food safety and labelling; TV and media advertising; environmental standards and protections; the rights of migrant children to access healthcare and education; and cross-border family law.

Currently, under EU law, trade in goods and services between EU members has to ensure that children’s welfare is protected. Any new trade deals that the UK embarks on after Brexit must include adequate safeguards to ensure that children are not put at risk.

As things stand, the Government’s proposed delegated powers would allow them to make important decisions on EU withdrawal, decisions that could have a significant impact on children, with little or no parliamentary scrutiny. This makes it even more imperative to have a ministerial statement of commitment that government departments will consider the UNCRC in their EU-related decision-making during and post Brexit. Such a commitment would demonstrate and guarantee a clear willingness by the Government to ensure that there will be no going backward in children’s rights protections after leaving the EU.

Current efforts by the Department for Education to develop training for officials on the UN Convention on the Rights of the Child and UNICEF’s child rights impact assessment template to be used as a development tool across government departments are welcome, and represent a useful resource, but they are not sufficient by themselves. I also seek from the Government a guarantee that the training of officials on the UNCRC and the impact assessment tool on child rights will be used across government departments to secure and ensure that children’s issues will not be solely the responsibility of the Department for Education. Cross-departmental working is very powerful, but how will it be ensured?

A precedent for an audit to protect children’s rights has already been set by the Scottish Government. I urge the UK Government to do likewise. I hope to continue discussion with the Government about this and to convince them that this is an important issue which cannot be overlooked. I beg to move.

[Lord Judd (Lab)]

My Lords, I congratulate my noble friend on having put the amendment before us. I am sure the Government will take it seriously; I cannot believe that they would do otherwise. I want to make only one point. The convention is terribly important. It is clear time and again that, in our affairs in the UK, it is not yet fully operative. If there are ways in which we have been enjoying the strengthening of its operation by our membership of the European Union, it is doubly important, following any exit from the European Union, that those issues are covered closely by our own arrangements. I am sure that an audit is a realistic and practical suggestion which also deserves attention.

Britain played a very important part, as it so often has in international affairs, in the construction and drawing up of the convention. Many distinguished Conservatives were behind the operation. Because of that commitment—it was not just a matter of getting something on paper; it is how it is actually applied—what my noble friend has proposed and the way she has emphasised it this evening shows that the Government need to give the issue serious attention and to give her the assurances she seeks.

--- Later in debate ---

Again, I thank the noble Baroness for the amendment, but ask that it is withdrawn, given the reasons I have set out. I do not want to proffer false hope and I will not be reflecting further on this issue between now and Third Reading, so, if the noble Baroness wishes to test the opinion of the House, she should do so now.

[Baroness Massey of Darwen]

My Lords, I will not test the opinion of the House tonight, as I said earlier on. I simply thank all those who have spoken so passionately in this short debate about the protection of the rights of children. It is a pity that we have to be speedy because it is late, but I will certainly continue my pleas—and I know others in the House will continue theirs—to the Government not to forget children or treat them as projects or objects. Children are not small adults: they are children.

I thank the Minister for her reply, but I still need proof of the Government’s commitment to support the United Nations Convention on the Rights of the Child. I have noticed in debates on these issues that the Government tend to contradict themselves and sometimes indeed get things wrong. I do not know if the Minister is aware of the report of the Joint Committee on Human Rights that was severely critical of the attitude towards children and what was happening about them. As I said, I need proof that the Government are serious about this and will indeed make a Statement on it before long.

We need to get our laws in tandem with European and global laws on children. I have heard the same arguments from the Government which keep coming up. They say that we will cover this in domestic law. I have no proof of that and we should be very careful about making such statements. The devolved nations have a much healthier respect for this issue. I have examples of very good practice which I hope will be listened to.

We heard tonight some brilliant and condensed speeches and I repeat that the Government must take this issue very seriously. I hope that they will also commit to working in a cross-departmental way and not leave everything to one department. I hope that they will come up with cross-departmental awareness and a Statement on this. Will we really, finally implement the UNCRC, which has been critical of the UK in many instances? It has criticised our standards very often and we should take it seriously.

Finally, many of us have been looking at this for a very long time. Children’s rights and children’s protection are becoming more complicated. The noble Baroness, Lady Howe, mention online issues. They are international problems, not just UK problems. Trafficking is an international problem. Child abuse and exploitation is an international problem. We cannot not be part of all this. We must move forward, with international bodies, to protect our children and our family laws. I beg leave to withdraw the amendment.

Amendment 55A withdrawn.

European Union (Notification of Withdrawal) Bill

Baroness Massey of Darwen Excerpts

Committee: 1st sitting (Hansard): House of Lords
Monday 27th February 2017 Lords Chamber

[Lord Bilimoria (CB)]

My Lords, I intend to build on the comments made by the right reverend Prelate in relation to universities and to link that subject into the whole debate about leaving the single market. The Indian Finance Minister is in the country and he was asked a question today about free trade agreements between the UK and India. He made it clear that free trade agreements are not just about tariffs and goods; they are about goods and services and people. He specifically mentioned students and the ability of Indian students to study over here.

A report came out on 23 February saying that almost a third of university academics are from outside the UK. If you look at certain areas—engineering and technology—non-UK academics account for 42% of the staff. In maths, physics and biology, 38% of staff are non-UK and most of them are from EU countries. Then you have the statistic—I declare my interest as chair of the advisory board of the Cambridge Judge Business School and Chancellor of the University of Birmingham—provided by Professor Catherine Barnard from the University of Cambridge, who told MPs that her university had seen a 14% drop in applications this year from EU students. There is, therefore, already a worry about the future of EU students and EU academics.

You cannot just say, “We don’t do impact assessments”. That would be foolish in business: if I make a forecast and I get that forecast wrong, does that mean that I stop forecasting in future? I would be foolish not to forecast. You have to keep trying to forecast, even though you might not always get it right. Impact assessments are absolutely essential. It is wrong to keep going on about the will of the people and saying that we therefore do not need to do anything, or to say that the forecasts were all wrong so we can ignore forecasts and experts. We are going to start sounding like Donald Trump complaining about the elites and ignoring the experts. No, we must continue to forecast and have impact assessments. We must look at the concerns of our universities, our academics and our students and at the potential loss of EU students and academics in the future.

[Baroness Massey of Darwen (Lab)]

My Lords, I will speak to Amendment 27. I am pleased that the noble Lord, Lord Bilimoria, has just said what he did about impact assessments, because I, too, am going to speak about them, but in this case in relation to inequality. I support the views of the noble Lord, Lord Hannay, on impact assessments and other issues. Of course they are not all rubbish; they are for measuring and calling to account. That is what we should be doing.

The Equality Act 2010 provides a basic framework of protection against direct and indirect discrimination, harassment and victimisation in services and public functions. It provides protection for people from discrimination because they are perceived to have, or are associated with someone who has, a protected characteristic. It extends the provisions related to disability and includes gender pay discrimination, private clubs and new powers for employment tribunals. The purpose of this new clause is to ensure that the impact of decisions on those with protected characteristics is considered, taken into account and debated at every stage of the negotiation process for Brexit. That is all—just looked at and debated.

The word “equality”—and its implications—is curiously absent from documents from the White Paper onwards. Given the various debates that Britain and Europe have had about race, disability, gender, sexuality, employment and so on, it seems amiss not to be screening for discrimination in these and other areas related to equality. We must have regard for such potential discrimination during the process of our deliberations and in the final deal. This new clause would ensure that considerations of equality were at the forefront of government thinking throughout the withdrawal process and would inform the new arrangements. That is necessary to ensure a good deal for everyone and to make sure that any negative impact on those with protected characteristics was presented up front and that steps were taken to deal with potential negative impacts.

The Minister in another place responded to the deliberations on this new clause by saying:

“The Prime Minister has been clear: we want the UK to emerge from this period of change stronger, fairer, and more united and outward-looking than ever before. We want to get the right deal abroad, but ensure we get a better deal for ordinary working people at home. In the White Paper, we set out our ambition to use this moment of change to build a stronger economy and a fairer society by embracing genuine economic and social reform”.—[Official Report, Commons, 7/2/17; col. 392.]


What I am seeking in this amendment is a reassurance that practical measures, such as scrutiny of equality implications, and protection will be built into the Brexit process for all, whatever their condition, in all aspects of life.