Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Debate between Lord Bishop of Southwark and Baroness Neville-Rolfe

Consideration of Commons amendments
Monday 9th November 2020 Lords Chamber

[Baroness Neville-Rolfe (Con)]

My Lords, I support the position taken by my noble friend the Minister in her Amendments 4C, 4D and 4E. As noble Lords will know, I am not entirely in favour of the Bill. I do not like the fact that it applies to migrants from the EU only and, with other noble Lords, I sought amendments to the new system. For example, I remain unhappy about permitting those coming to work here to take jobs that have not first been advertised to talent here in the UK. This is perverse and will simply serve to increase unemployment. I am astonished that the trade union interest is so unconcerned about this.

However, the Bill is already overdue and, across the House, we all have an interest in getting it on to the statute book in time for people to understand the new rules when transition ends. I cannot support continued ping-pong and I ask the Opposition proponents of the proposals on unaccompanied children to show more responsibility. If they cannot—I detected a certain softening from the noble Lord, Lord Dubs—I hope that others across the House will do so and that this latest attempt at ping-pong will fail.

The fact is that the Government have made very substantial concessions—further than I would have gone, with experience of these matters from Downing Street in the 1990s. In particular, they have promised a review of legal routes to the UK, including for family reunion of unaccompanied asylum-seeking children, and committed themselves to meeting various parliamentary milestones. They have also promised bilateral negotiations with key countries on post-transition migration issues. That will be especially important in the unlikely event of a full breakdown of the FTA with the EU.

The government package should be accepted now and we should avoid the embarrassment of another round of ping-pong. To inform the review and thinking today, I make the following observations. Although I, too, celebrate the anniversary of Kristallnacht, we are no longer in the 1930s. In the Bill, we are talking about children coming from the EU—all countries that observe decency and freedom and are subject to the EHRC. Moreover, in the UK, despite beating ourselves up on occasions, we have a good record. There are various avenues for entering the UK as a minor. My noble friend the Minister has explained these in detail and why Dublin is not the only route. I will not repeat what she said, but I emphasise that since 2010, we have granted protection or other forms of leave to more than 44,000 children seeking protection. In 2019, we received 3,775 asylum claims from unaccompanied children—more than any other EU member state.

The latest tragedies in the channel do not change any of that. They do, however, underline the view, shared by us all, I think, that we need a system that encourages safe and legal routes and does not encourage child trafficking of any kind. However, we know from Swedish and US experience, which I am happy to share, that special arrangements for admitting unaccompanied minors can, sadly, be counterproductive. Done in the wrong way, they can mean that the criminals have an incentive to separate children from their relatives, and then they can, unfortunately, end up being trafficked for sex or as drug runners. Some have also suggested that where children come on their own—for example to link up with an aunt or a sibling—it often does not work out and they end up in care. Despite the best efforts of many well-run local authorities, this, as we know from a series of appalling metrics and individual cases, is the worst possible place for a good start in life.

A review, as now proposed by the Government, is needed before further changes are made. Moreover, as I argue on everything from pensions and agriculture to coronavirus, a proper costing must be done and resources identified to make any change of policy a success. I say to the noble Lord, Lord Dubs, that a defeat today for the Government on this will not help them with the important negotiation on these and other issues currently taking place with the EU. I thank the Minister for the amendments tabled by the Government and urge noble Lords to let the Bill get on its way to Royal Assent.

[The Lord Bishop of Southwark]

My Lords, I speak in favour of the amendment moved by the noble Lord, Lord Dubs. In doing so, I speak not only on my account but also in place of the right reverend Prelate the Bishop of Durham, who is locked down in the north-east and therefore, because of the procedures for consideration of Commons amendments, is unable to speak on this amendment, although that had been very much his intention.

Family life and kin relationships are vital in many parts of the world to ensure survival. Even in the UK, family means the difference between misery, destitution and poor mental health and a life where, even in the most difficult circumstances, there is practical care, support and love. Thus, I, too, welcome the Government’s steps towards ensuring safe and legal routes, including the commitment in case of a no-deal Brexit, to pursue bilateral negotiations on arrangements for family reunion, which I trust they will seek to ensure are equivalent to the Dublin regulations. I welcome the Minister’s commitments and await with interest her further comments following what the noble Lord, Lord Dubs, just said.

However, a step in the right direction is not the end of the journey. While a review of safe and legal routes is welcome, these steps do not directly deal with what will happen when the UK leaves the Dublin system at the end of the year. Nor does a review safeguard existing routes, which we already know to be worth while and effective. These high standards and guarantees in refugee protection will fall away and the routes will close down.

Throughout the Bible, there is teaching on the necessity for our actions to match well-intended words. Thus, in the Old Testament, the prophet Micah reminds us that we are to act justly, to love mercy and to walk humbly, not just to speak of justice or mercy. I therefore point out that your Lordships are seeking action rather than reviews. We are asking for a concrete commitment to walk down the path of justice and mercy for those seeking refuge, most especially unaccompanied children.

There are many areas of government migration policy on which we already await reviews. In particular, we wait for one on asylum seekers’ right to work and another on the impact of hostile environment measures, to which the Government have already committed as part of their response to Windrush. In neither case is there as yet a clear timetable. A review is not action. A review without a timetable is not a review any time soon. In the meantime, the need is pressing and ongoing. We require action to fill the legislative gap that will otherwise open up in January to the detriment of some very vulnerable individuals.

Securing satisfactory family reunion rights is an important part of a wider picture, ensuring not only safe and legal routes but also an effective, functioning, humane asylum system. The noble Lord, Lord Dubs, recognises this. As he has explained, his amendment seeks to remove a gap in provision. He is an individual of great sensibility and experience in these matters and commands widespread respect across the House. On an issue in which compassion and humanity must be at the forefront of our response, I hope that your Lordships will demonstrate the necessary independence of spirit which these children and their families require of us. I support his amendment.