Lord Dubs debates involving the Leader of the House during the 2019 Parliament

Mon 28th Mar 2022
Elections Bill
Lords Chamber

Lords Hansard - Part 1 & Committee stage: Part 1
Wed 18th Aug 2021
Tue 3rd Nov 2020
Wed 14th Oct 2020
Thu 25th Jun 2020
Fri 7th Feb 2020
Extension of Franchise (House of Lords) Bill [HL]
Lords Chamber

2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 2nd reading
Tue 21st Jan 2020
European Union (Withdrawal Agreement) Bill
Lords Chamber

Report: 2nd sitting (Hansard) & Report stage:Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords

Elections Bill

Lord Dubs Excerpts
Moved by
153: After Clause 13, insert the following new Clause—
“Members of the House of Lords: voting at elections to the House of Commons
(1) Notwithstanding any other provision of law, a member of the House of Lords is not disqualified by virtue of that position from voting at elections to the House of Commons.(2) This section comes into force 24 months after the day on which this Act is passed.(3) This section extends to England, Wales, Scotland and Northern Ireland.”
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Lord Dubs Portrait Lord Dubs (Lab)
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My Lords, it is with great pleasure that I speak to Amendment 153 standing in my name and that of the noble Lord, Lord Naseby. On his behalf, I express his regret that he is not able to be here today. He is away on urgent matters, but I am sure he will be here at later stages of the Bill if we need to debate this again.

There is a very simple proposition in this amendment: that Members of this House should be entitled to vote. That is an argument that has gone on for many years. Indeed, I traced it back to 1699, thanks to the excellent report from the House of Lords Library, but it may have started even earlier. They have done a good job. They produced that report when I put forward a Private Member’s Bill on this subject. It passed this House, but I will come on to what happened to it when it got to the House of Commons. The noble Lord, Lord Naseby, also put forward a Bill, but his was talked out. He and I are united in our wish to see progress on this matter.

The situation is anomalous. Part of the debate on this amendment has been covered in that on the previous amendments. I could have extracted some quotations in support of this if I had been quick enough to write them down. Members of this House can vote in local elections. We can vote for the devolved Administrations. We can vote in referenda. Previously, we could vote in European elections. It seems anomalous that there is one election in which we cannot vote. It is quite difficult for local government returning officers to know that we are not entitled to vote when they prepare the electoral list, as we are there for other things. I have never quite understood how they discover that we are Members of this House—they are clever people. At any rate, mistakes are sometimes made. Historically, Members of this House have voted and then there has been a bit of a row about it, because they were on the voting list and were not excluded from voting in parliamentary elections. It is an anomaly.

It is also an anomaly that Members on the Bishops’ Benches can vote. Though they may not exercise their right to vote for other reasons, they certainly have it. If we look abroad, United States Senators can vote for Congress, which seems fairly parallel to the position we are in. Indeed, according to that excellent House of Lords Library report, of the 189 countries in the Inter-Parliamentary Union, the United Kingdom is the only country in which members of the second chamber cannot vote in general elections for the first chamber. We are the only country, yet some of the arguments against must apply elsewhere.

I agree that most of the British population are not aware of this. Indeed, when I talk to friends, I have to remind them that I am not allowed to vote when it comes up in conversation. I am fully aware that the masses who sometimes demonstrate in Parliament Square are not going to assemble there to support our right to vote. However, not every change in this country has to be the subject of enormous demos, much as I enjoy some of the demos and have been on them—that was a debate we had on the police Bill, and it is not appropriate today. The fact is that this is still an anomaly.

In preparing for today’s debate, I had to remind myself of some of the arguments against. There was a debate in 1936. It was introduced by a predecessor of a Member of this House, Lord Hailsham, and the proposal for reform was put forward by Lord Ponsonby, whose son is now in this House, so there is a tradition in this. They had a much longer debate than we will have today, I trust, for the sake of the Front Benches on both sides. The then Lord Chancellor, Lord Hailsham, said in talking about reform that

“it is not a wise thing to attempt to deal with a problem of this character piecemeal because, inevitably, you would get questions the answers to which might affect the attitude which your Lordships would take with regard to one particular proposal and the attitude you were going presently to take with regard to some other proposal on the other side of the picture.”

That is quite a complicated sentence, but I think it means he is against piecemeal reform. It is arguments against piecemeal reform that have bedevilled discussion on this.

I do not understand the argument why opposing piecemeal reform is a good thing. In our British tradition, pretty well all reforms are piecemeal, even from people who are on the political extremes. We normally progress piecemeal; we do things stage by stage. The argument that everything should be done in one go seems rather weak. I cannot resist quoting from the reply by the previous Lord Ponsonby. Admittedly, the proposition at that time was twofold: that we should have the right to vote; and that Members of this House should be entitled to stand in House of Commons elections. I would not suggest that at all, and most of the debate was about that second point: Members of the Lords being able to stand in House of Commons elections. Lord Ponsonby of Shulbrede made this comment:

“It is perfectly absurd to say that this is a matter of the reform of the House of Lords or reform of the House of Commons. It is, if I may respectfully say so, an old trick of the noble and learned Viscount”—


that is, Lord Hailsham—

“to use a magnifying glass in order to make a mole-heap into a mountain and then all the more easily to destroy it.”—[Official Report, 12/2/1936; cols. 568-73.]

I liked that phrase, so I had to bring it in somewhere into our debate today.

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Lord Desai Portrait Lord Desai (Non-Afl)
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My Lords, one of the things which today’s debate has proved is that logic has never been the basis of enfranchisement in this country or of its constitution. The constitution is what it is because of the way it has developed. As far as the logic is concerned, let me try this. The weight of my vote to elect someone to the House of Commons may, theoretically, be one in 73,000, but in rejecting government legislation it is one in 800—or, given how many noble Lords are present, one in 400. When I was asked to come here, I had a choice. I could have said, “No, I am not coming to this place because I would lose my right to vote”. I chose to come here and that is a very big sacrifice because, as noble Lords have said, we are here for life. Of the 193 upper Houses to which the noble Lord, Lord Dubs, referred, not one is unelected, although maybe a few people in them are unelected. However, we are unelected and, therefore, we are here.

Lord Dubs Portrait Lord Dubs (Lab)
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I think the Canadian upper House is not elected.

Lord Desai Portrait Lord Desai (Non-Afl)
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They follow us, which is quite nice; they are part of the Empire. I would rather that we be removed from here and replaced by elected Members—this is the futile movement for which I have fought all these years. However, the privilege of being legislators for life is so great that we must make a small sacrifice for it. Not being able to vote at a general election is one such small sacrifice.

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Earl Howe Portrait Earl Howe (Con)
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I think the point made by the noble Lord, Lord Redesdale, was that a distinction must be made on the register between different types of election, and that that carries a cost; he can correct me if I am wrong in assuming that.

This House is a respected voice that adds depth and, I hope, wisdom to our legislative process. It allows us, as its Members, full participation in the life of the nation. The Government therefore have considerable reservations about this proposed new clause, and I ask the noble Lord, Lord Dubs, to withdraw his amendment.

Lord Dubs Portrait Lord Dubs (Lab)
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My Lords, I never thought that so many different sorts of opinions would come out of the woodwork. It has been absolutely fascinating. The arguments have been somewhat different from the last two or three times we debated this issue. I just want to comment on them briefly.

As regards the voting list—this is a technical point—my understand is that there is no obvious way in which when we register we can declare that we are Members of this House. Somehow, in some local authorities, the polling clerks are aware of it but, in others, they are not. I am always mystified by that; it is not clear. I have known of people who have not been debarred from voting and could have gone to vote—they did not do so but they could have—simply because it was not obvious to the polling clerks that they were Members of this House.

On my noble friend Lady Quin’s comment about Members of Parliament, again, it is purely a technicality that they cease to be Members of Parliament during the period of an election campaign. Nobody knows about it except for a few nerds like us—sorry, nerds like me. It just means that they are technically not MPs. However, for all practical purposes, of course they are; they still get representations made to them, constituency casework and so on. Even during the election campaign, they cannot just say, “No, I’m not prepared to do it.”

Lord Cormack Portrait Lord Cormack (Con)
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The noble Lord cannot get away with that. When Parliament is dissolved, as distinct from being prorogued, the House of Commons does not exist and everyone must seek election or re-election to it. As the noble Lord knows only too well, there are occasions when Members of Parliament lose their seats—so of course it is right that they should have a vote for somebody in Parliament when there is no House of Commons. He is really not giving the argument the justice it deserves.

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Lord Dubs Portrait Lord Dubs (Lab)
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Well, we are getting into the realm of pub quiz questions. I am perfectly aware of the point that the noble Lord, Lord Cormack, made. My argument is that the public are not aware of it. It is a distinction that I did not know about until the first time I was trying to get re-elected in the Commons; I had no idea. I bet that 99.9% of the public would think that this is an amazing anomaly and would not attach very much weight to the argument, although I am perfectly aware of it. All I am saying is that, sometimes, these are very technical points. They do not take away from the fact that this is an anomaly where we, as individuals who in every other respect are members of a democracy and can vote, cannot vote in general elections.

This may have been the case for 300 years, but we unearth a lot of issues that we have had for hundreds of years and do not necessarily always go along with them. We change them from time to time. Women used not to have the right to vote. It was a tremendous victory when the suffragettes won the right to vote. So I would not use the argument that it has been like this for 300 years and therefore we are not going to change it.

I would like to come back to this on Report but, for the time being, I beg leave to withdraw the amendment.

Amendment 153 withdrawn.

Living with Covid-19

Lord Dubs Excerpts
Tuesday 22nd February 2022

(2 years, 1 month ago)

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Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park (Con)
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As I have said, we will be publishing further guidance and information on the high-risk groups and settings where free testing may be available. However, I cannot make that commitment to the noble Baroness.

Lord Dubs Portrait Lord Dubs (Lab)
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My Lords, of course the vaccine programme has been a success, and I concede that. However, almost all of us here know people who have died of Covid. We have had the highest death rate in western Europe, and that sits badly with the tone of self-congratulation which characterised the Statement. Is it not time that the Government showed some humility as well?

Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park (Con)
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I am sorry the noble Lord felt that way; I do not think that was the tone at all. However, this Statement gives people hope that we are beginning to move out of a very difficult period for citizens across the country. We are all trying to move together to a world where we can manage Covid like other respiratory diseases, because the emotional, social and economic cost of what we have all been through in the last two years has been devastating. I think the public as a whole, and all of us here, I am sure, want to try to move on while understanding the risks ahead, making sure we have surveillance and the ability to ramp things up if we need to—let us hope we do not—to make sure we can keep everybody safe.

Afghanistan

Lord Dubs Excerpts
Wednesday 18th August 2021

(2 years, 7 months ago)

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Lord Dubs Portrait Lord Dubs (Lab) [V]
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My Lords, we all saw the painful pictures on our television screens of what happened at the airport in Kabul. We have seen brave Afghan women—judges, teachers, the Education Minister and members of humanitarian organisations—say what dangers they are in. They made me feel—and I am sure all other noble Lords feel the same—that we must not desert them.

Some years ago, thanks to my noble friend Lady Taylor of Bolton when she was Defence Minister, I was in a delegation that visited both Camp Bastion and Kandahar. I saw for myself what the British Army was doing and came away very impressed. At that time, the marines were in charge at Camp Bastion and I was very impressed by what they were doing. If President Biden felt obliged to pull out, surely he did not have to do so in such a hasty manner. Were we given any warnings or did we make representations to Washington that there should be a planned pull-out, so that we could protect the people who are in so much danger today? If Washington did not respond to our requests, it was a little slap in the face.

There are brave people working in many of the NGOs in Afghanistan. I recently saw David Miliband, the president of the International Rescue Committee, on the television. If the Government want to know more about Afghanistan, they could do worse than talk to him, as he has a large organisation of people working on the ground in Afghanistan.

What should we do now? We are told that 20,000 refugees from Afghanistan will be accepted by the British Government. Does that apply only to those currently in Afghanistan? What about those who have already escaped to neighbouring countries since the Taliban onslaught began? What about the refugees, particularly child refugees, who are now in Calais or the Greek islands? Will the 20,000 scheme cover them or will there be another? I am frequently asked why it is mainly young boys from Afghanistan who fled to Calais and the Greek islands. I have asked them this, and many of them give me a simple answer: if they had stayed in Afghanistan, they would have been compelled to join the Taliban and become a fighter. That is why they fled. Now there is a desperate need for family reunion, including where one family member is already here and desperate to have other family members, particularly sisters and parents, join them.

Will the Government urgently review the Nationality and Borders Bill, so that it does not become a criminal offence to arrive in the UK on a boat or dinghy across the channel? Will they give an assurance that there will be no returns to Afghanistan, as it is entirely unsafe? As the noble Lord, Lord Kerr, said earlier in this debate, it is wrong that Afghans and other refugees should have to wait so long for a decision.

Finally, I have a few questions. What about the Syrians who are waiting to come to this country, who are now in Turkey, Lebanon and Jordan? Will they be allowed to come or will we forget about them? Will the Government report regularly on the situation with Afghan refugees? Will they tell us what has happened to the British Council and the World Service? I have two final points. Will there be any diplomatic representation in Kabul, so that some departures can be facilitated? What about our relations with Pakistan? They have to be looked at again.

Procedure and Privileges

Lord Dubs Excerpts
Tuesday 13th July 2021

(2 years, 8 months ago)

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Lord Dubs Portrait Lord Dubs (Lab) [V]
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My Lords, I join in thanking the staff for the very helpful way in which they have supported us during the last 16 or 18 months of the pandemic.

When we had the opinion poll, as described by my noble friend Lord Grocott, I voted in favour of lists, not because I like lists but because I feared that, if we rejected lists, we would go back to a situation of no change under any circumstances. My preferred choice would be to have the Lord Speaker choosing people to ask supplementaries. After my time in the Commons, I was absolutely shocked at Questions in our House. There are many things about our House that are better than in the Commons, but Question Time is certainly not one of them. I found it intimidating, I found that I was easily bullied—I still am—and there was no chance to be spontaneous; it was a matter of whether one had any chance at all of getting in.

By the way, I mean no disrespect to the right reverend Prelate when I say that the House gives way to the Bishops’ Bench. They have a better chance, so I do not think he should vote in support of the amendment to the Motion suggesting that we should have lists. My preference is absolutely to have a Lord Speaker doing the selection of Members to ask supplementaries, so I shall certainly support the amendment in the name of the noble Lord, Lord Balfe. I remember the days of the queues, not so long ago, to try to get a Question, sitting outside the Table Office. One had to sit sometimes for two hours in advance. It was totally ludicrous. Passers-by said, “Whatever are you doing here?” Two hours of your time, maybe even longer if you wanted to be certain, and then the undignified bearpit process of trying to get in on a supplementary.

Of course we need flexibility. I believe in the Lord Speaker choosing people. I am sure the Lord Speaker would be pretty fair to those with disabilities; would be fair in terms of choosing people specialising in the subject, rather than anybody; and would be fair in terms of timing if he or she had some flexibility in terms of giving more time to one question than to another. All that, to my mind, would be a matter of spontaneity, so I shall support with enthusiasm the amendment in the name of the noble Lord, Lord Balfe.

As regards voting on the estate, of course there have to be exceptions and we have to define what a “place of work” is, but I think that, unless people have disabilities, all people should vote on the estate. I did not quite follow the excellent speech of the noble Baroness, Lady Brinton, in one respect, about Millbank House, because, under the proposed system, as I understand it, she would be able to vote from Millbank House. I am in Millbank House myself and I am bound to say that, while I move pretty quickly—or I did before the pandemic—I found sometimes that getting to a vote from Millbank House when a Division was called took some time because of traffic at the pedestrian crossing and so on. As for Portcullis House, coming over for a Division takes some doing. I know Members of our House who never go to meetings in Portcullis House because, if there were to be a Division, they simply would not get back in time.

While we are on this, I support the amendment in the name of my noble friend Lord Adonis. I remember when we used to sit very late, which might still be the case this autumn, and I had to make sure I knew the timing: my last Tube home was at 12.35 am and I would race to get the last Tube to save a £40 or £50 taxi fare. So I understand the difficulties and I am well aware that I can move quickly and Members of this House who are not able to move so quickly, or who are disabled and can hardly move at all, should have better provision made for them than is the case now.

To conclude, I support my noble friend Lord Adonis in his suggestion of different timings. I am on the Joint Committee on Human Rights, and we always meet on a Wednesday afternoon. One has to forgo either the Select Committee or what is going on in the Chamber. This is quite possible and it is normal to have to juggle timings a bit, so that one can decide whether one is in a Select Committee or whether one is in the Chamber. As I said earlier, I very firmly support the amendment in the name of the noble Lord, Lord Balfe. I do not believe we can go on with the present system, or that the list system will be able to continue. Surely it is not a breach of our traditions of being a self-governing House if we stop the bearpit that characterised Question Time up to the pandemic.

United Kingdom–European Union Parliamentary Partnership Assembly

Lord Dubs Excerpts
Monday 12th July 2021

(2 years, 8 months ago)

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Earl Howe Portrait Earl Howe (Con)
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My Lords, I thank the noble Earl for his work on behalf of the House in his capacity as chair of your Lordships’ European Affairs Select Committee. He makes a very good point, and one thinks of other parliamentary assemblies that are perhaps analogous in some respects, such as the Parliamentary Assembly of the Council of Europe, the NATO Parliamentary Assembly and that of the OSCE, although their respective functions are of course different and distinct.

Lord Dubs Portrait Lord Dubs (Lab) [V]
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My Lords, I hope that I am mistaken in detecting a lack of enthusiasm on the Minister’s part, uncharacteristic of him as that is. Does he agree that, in addition to the bodies that he mentioned, the British-Irish Parliamentary Assembly might represent a good working model for the proposal of an EU parliamentary partnership assembly? Does he agree that it has the following characteristics: it has both Houses, it has all nations and regions and it is resourced by the UK Parliament? Could we make some progress on this, please?

Earl Howe Portrait Earl Howe (Con)
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My Lords, the noble Lord may be aware that, in the intercameral discussions, the interests of your Lordships’ House are being represented by the noble Earl, Lord Kinnoull. I feel sure that he will have heard the recommendations of the noble Lord, Lord Dubs, in this debate.

Covid-19 Update

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Tuesday 3rd November 2020

(3 years, 4 months ago)

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Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park (Con)
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Everyone living and working in Liverpool will now be offered a Covid test, whether they have symptoms or not. Testing will begin this week and, as I mentioned in a previous answer, the pilot is being undertaken at the request of and in close collaboration with local leaders. The aim is to better control the spread of the virus and, as the noble Earl rightly says, gain more data about the number of cases across the city, so that even more targeted action can be taken and people find out the results of their test very quickly. Then they will know to self-isolate and will not perhaps unwittingly spread the virus.

Lord Dubs Portrait Lord Dubs (Lab) [V]
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My Lords, the Minister will be aware that many people have relatives, often aged parents, in care homes, and are unable to visit them because of the restrictions imposed. This is causing a great deal of pain. If we can test all the people of Liverpool, as I welcome, could we not have a rigorous testing programme where all people who have relatives in care homes can be tested so that they can visit their relatives, who often have dementia and are very lonely and isolated?

Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park (Con)
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The noble Lord is absolutely right, and this is perhaps one of the most—of so many—heartbreaking situations within this pandemic. He will know that regular testing is now available for all care homes, which includes weekly testing of staff and monthly testing of residents. He is absolutely right—in this pilot in Liverpool the aim is to do this, but then to look at being able to roll out this sort of testing within the NHS and care homes so we can do exactly as he suggests.

Covid-19 Update

Lord Dubs Excerpts
Wednesday 14th October 2020

(3 years, 5 months ago)

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Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park (Con)
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The issue is that the flu jab is released in batches so certain amounts are available per month. It is more about flow-through than the availability of the flu jab; that is because it is delivered in batches up to and past December.

Lord Dubs Portrait Lord Dubs (Lab) [V]
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My Lords, does the Leader agree that it is important to keep public opinion onside and that, if the public have lost faith in the Government’s policies, they will not respond in the way we want them to? Specifically, why has local government been virtually ignored over the whole period of the pandemic, as have the Governments of Northern Ireland, Scotland and Wales? Surely we must ensure that all local bodies, Governments and Administrations pull together so that the people of this country can have confidence that the Government are doing the right thing.

Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park (Con)
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I assure the noble Lord that dialogue with local leaders at the local government level and between the devolved Administrations is ongoing. There is a lot of working together. Obviously, it is for the devolved Administrations to make judgments on their areas. The Chief Medical Officers also talk regularly, so we are working together closely.

I can also assure the noble Lord that there will be a significant communications campaign about the new tiers. Actually, if noble Lords go on to GOV.UK, there is a postcode checker and some very good, accessible information; we need to make sure that that is getting out to everyone because we need people to follow the rules so that we can hope to turn the tide on the virus.

Covid-19 Update

Lord Dubs Excerpts
Thursday 25th June 2020

(3 years, 9 months ago)

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Earl of Kinnoull Portrait The Deputy Speaker
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Lord McColl of Dulwich. No? We will move on. Lord Dubs.

Lord Dubs Portrait Lord Dubs (Lab) [V]
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My Lords, I put it to the Leader of the House that public confidence is not of a high order as regards the Government’s handling. The Minister has said on a number of occasions that discussions are ongoing. What specific plans are available in the event of a second wave on a local level? What would the Government do, as opposed to having ongoing discussions with local authorities? It is all too vague. We need a clear statement of policy about what will trigger local action, which the Government have said they want to support.

Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park
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I hoped that I had set out some of that detail in my answer to the noble Baroness, Lady Smith. Each local area will have a local action committee to manage its outbreaks, and discussions at a local level will be supported by the joint work of the joint biosecurity centre, Public Health England and NHS Test and Trace. We have already seen a successful lockdown in Weston-super-Mare, so we are starting to see these situations being taken under control and dealt with at a very local level.

Extension of Franchise (House of Lords) Bill [HL]

Lord Dubs Excerpts
2nd reading & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard)
Friday 7th February 2020

(4 years, 1 month ago)

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Lord Dubs Portrait Lord Dubs (Lab)
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My Lords, I too congratulate the noble Lord, Lord Naseby, on his persistence in bringing this legislation before us for the second time, and my noble friend Lord Blunkett for having previously tried to get it through. I commend the Library on its excellent briefing, which saved me doing a lot of homework. It is all there to quote from.

My Bill got a little further than some of the others; it got to the Commons. I will remind your Lordships of what happened, and I shall be critical of the procedures in the Commons; I think that I am allowed to do that. The normal practice is that, after the Bill is called, it takes one anonymous voice in the Commons to shout “Object”, and that kills it. I knew that this was liable to happen, so I wrote to all the Members of the Commons who had a reputation for shouting “Object”. I pointed out that my Bill was modest, did not affect them, had the support of this House and was well worth backing. I sat in the Gallery and a voice said, “Object”. It is quite undemocratic that one voice can do it, without one knowing who the MP is or what he or she represents. I was quite puzzled, but that is what killed it.

We have already had references to whether change should be incremental, piecemeal or done all in one go. My understanding, or slight suspicion—as I turn aggressively to the Lib Dem Benches—is that it was Nick Clegg who did not want any incremental change to the Lords; he wanted all or nothing. I cannot prove it, but I have some circumstantial evidence which might help. Certainly, the noble Lord, Lord Wallace of Saltaire, when he wound up the debate here on behalf of the coalition, said:

“On Lords reform, we have to look at a package.”—[Official Report, 5/7/13; col. 1421.]


On that basis, he argued that the Government should resist this “small, partial proposal”. That is why I think the Lib Dems had a key part to play in stopping us having a vote in the elections that followed. As has already been said, we have had the right to vote in local elections, the European Parliament and referenda. The Lords Spiritual, of course, are allowed to vote—whether they exercise that right I do not know. Using the analogy of the United States, American senators can vote in elections for the House of Representatives. All these are good arguments for doing it.

My noble friend Lord Adonis spent 10 minutes—10 minutes—telling us that we are wasting our time. I agree with him that this is not the most important issue. I helped in about eight different elections in eight different constituencies. I was out almost every day in the last election, knocking on doors and getting my knuckles ripped off in letterboxes as I put leaflets through—all things that I am sure my noble friend did too. Did he?

Lord Dubs Portrait Lord Dubs
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Of course, nobody asked me about the right to vote in the Lords. There are no demonstrations in Parliament Square or people marching down Whitehall backing this Bill. They are not saying, “What do we Want? Votes for the Lords! When do we want them? Now!” Of course they are not, but quite a few issues are matters of principle. We do not have to stir up public demos; this just happens to be the right and proper thing to. I feel personally hurt when I tramp the streets trying to get other people to vote and then find myself denied that basic right. I find it personally painful every time there is an election. My own views do not matter much in the scheme of things, but that is how I feel. We pay our taxes. What we surely want to do by voting is to have some influence on who the Government will be. Once the Government are elected, we can influence legislation. I think we can do a better job, as my noble friend Lord Adonis suggested, but we can talk about that another day. It is just that I would like to have some influence on who the Government will be, not just on the legislation that follows, but I have no chance to do that at all. I can influence my local authority, and previously I could influence the European Parliament, but not the Government. Surely that is a basic and simple right, and it will happen sooner or later.

I actually feel sorry for Ministers who have to answer because, in my brief two or three years as a Minister, I found it difficult when my heart was not in the argument that I was putting forward.

Lord Dubs Portrait Lord Dubs
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That does happen, as my noble friend will know. It is quite difficult. There must be boxes in government departments saying yes or no, but then there is a little box that says, “Too difficult for us to deal with; we can’t think of any arguments to resist this”. This issue is in that category. I say to the noble Earl who is going to answer for the Government that nearly always, his heart is in it and he talks with total sincerity, but I doubt whether he will do that on this occasion.

European Union (Withdrawal Agreement) Bill

Lord Dubs Excerpts
Report: 2nd sitting (Hansard) & Report stage & Report: 2nd sitting (Hansard): House of Lords
Tuesday 21st January 2020

(4 years, 2 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 16-R-II Second marshalled list for Report - (20 Jan 2020)
Moved by
18: Clause 37, leave out Clause 37
Member’s explanatory statement
Omitting Clause 37 would ensure the continuation of the refugee children and family reunification provisions of the European Union (Withdrawal) Act 2018.
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Lord Dubs Portrait Lord Dubs (Lab)
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My Lords, I have had a chance to read again the detailed debate at Committee on this issue. What I have to say is influenced by what I heard then and what I have read. I repeat my gratitude to the Ministers for the time they have given me on these three occasions, once on the phone and twice in meetings, to give me their point of view on the issue. I am also grateful for the support I received from many parts of the House, including from Members on the Conservative side. No names, of course, but I appreciate those words of encouragement.

I refer to the Salisbury convention, which came up last time. The Minister justified the position by quoting from the Conservative manifesto:

“We will continue to grant asylum and support to refugees fleeing persecution”.


I do not believe that that is an argument against this amendment. This amendment is very specific indeed. It is about family reunion, and much too specific to be covered by this blanket provision in the Conservative manifesto. I believe that we have an entirely new issue, which could not have been foreseen when the Conservative manifesto was published or during the election campaign.

May I remind your Lordships of the history behind this amendment. In 2018, I moved an amendment, to a previous Bill, to provide that the existing provisions of the Dublin treaty, of which we are members as an EU country, for family reunion should be carried through in the negotiations for when we leave the EU. We have an arrangement whereby a child in one EU country who has a relative in another can apply to join those relatives.

It is a very simple and basic matter of family reunion. We want to be sure that this will be part of the negotiation and that the provision would be retained even after leaving the EU. Through a large majority in this House, that became part of the Bill, was then endorsed by the Government and became part of the 2018 Act, although there was no vote in the Commons. It is that provision which the Government are seeking to delete in this Bill, and my wish is to retain the 2018 Act as it stood. It is a very simple point: I would have thought that family reunion is one of the basic things that we all have to believe in.

If there are young people who have worked their way half way across the world, sometimes in hazardous conditions, from war and conflict in Syria or Afghanistan, and their incentive is that they have family here, surely it right that we take note of that and not close the door on them. We all know how awful the conditions are for refugees in northern France and on the Greek islands. I have been there a few times, as have other Members of this House. It is shocking that young people, and others of course, are sleeping under tarpaulins near Calais or on the Greek islands in dangerous conditions where the children are liable to be sexually assaulted at night because there is not enough security. All these things are simply dreadful.

It is not surprising that those who have reached northern France seek to come across illegally, in dinghies or often in the back of lorries. The traffickers take full advantage of that. That is why, by giving young people legal routes to safety, we are thwarting the traffickers as well as being humane in giving them an opportunity to join family members here. Unfortunately, the sort of debate that we have had sends a dangerous signal to young people, particularly in Calais and on the Greek islands if they can get away from there, and they will seek to do what we would all do, which is to say, “Well, if we can’t join our relatives legally, we’ll find another way of doing it if we can afford to pay the trafficker.” Surely that is not a resort that we wish to impose on young people. Family reunion is one of the safe legal routes.

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Lord Alton of Liverpool Portrait Lord Alton of Liverpool (CB)
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My Lords, just before the noble Lord concludes his very persuasive remarks, can he put into context for the House the numbers of unaccompanied children we are talking about? In the context of World Refugee Day last year, with 70.8 million displaced people or refugees in the world and a further 37,000 becoming displaced every day, the modesty of what was incorporated by your Lordships’ House and put into law should speak for itself. Will the noble Lord remind the House of the small numbers of the most vulnerable people of all that the amendment deals with?

Lord Dubs Portrait Lord Dubs
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I am grateful to the noble Lord. I am not sure that I have every figure at my fingertips, but let me do my best. Section 67 of the 2016 Act covered children being able to come to Britain without having family here. The Government capped the total at 480. I understand that we are quite well short of that, even today. The Government said the number of 480 was limited by the ability of local authorities to find foster families. That is not the case with children joining their relatives here, where clearly local authorities do not have to find foster places. I think, to date, several hundred children—the Minister may correct the figure—have come under the family reunion provisions in the Dublin treaty. We might be talking about 800. Without having the exact figures, we are probably talking about 1,000 or 1,000-plus in the Greek islands and in northern France. In the context of the international situation, that is very few.

The Minister said that we have taken a certain percentage of the EU total. Yes, we have, but probably only in relation to the size of our country. I do not dispute the figure from the Minister. However, refugees in a wider sense are going to be the most challenging issue to the whole world, and certainly to Europe and ourselves, over many years. But what we are talking about here is a very small number of children, who will be positively affected by this measure. That is why I am pretty keen on it. We had a small demo in Parliament Square yesterday, with a lot of people supporting it. We have had more than 200,000 signatures on a petition supporting the provision. I believe that we are essentially on the side of public opinion. I believe that we are essentially on the side of humanity. I beg to move.

Lord Kerr of Kinlochard Portrait Lord Kerr of Kinlochard (CB)
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My Lords, I supported the noble Lord, Lord Dubs, in Committee and I support him now. I need to declare an interest as a trustee of the Refugee Council. I also need to declare total bafflement; I have absolutely no idea why Clause 37 is in this Bill. I do not understand what the Government are planning to do. I took part in Committee and, after speaking on this, I listened to the Minister at Second Reading and am still none the wiser as to why it is here.

What is on the statute book now in the 2018 Act is a commitment that the Government will seek to negotiate a reciprocal arrangement for these poor children. This clause repeals that requirement and replaces it with a commitment, in almost exactly the same terms, to make a statement to Parliament, which is not a very strong commitment. Why do the Government want to repeal the 2018 Act in this respect? We have heard three possible explanations: first, that it is unnecessary to keep this on the statute book because the Government intend to negotiate on this matter, and the Minister told us that a letter had been written; secondly, that it was always inappropriate to the 2018 Act; thirdly, that it is important not to tie the Government’s hands.

I do not find the first explanation very easy to understand. If the Government are seeking to negotiate and have written a letter designed to open negotiations on this matter, why should they want to repeal the commitment to negotiate? It does not make any obvious sense. On the second argument, regarding inappropriate positioning in the 2018 Act, they say it is much better to put it in the new immigration Bill. But there is no new immigration Bill as yet, and these negotiations are about to start. Also, the Government are not removing from the statute book any reference to this issue; they are replacing it with the language we see in Clause 37. If the 2018 provision was inappropriately placed, the 2020 provision that the Government seek is inappropriately placed. I do not understand that one.

Moreover, it is not a matter appropriate to an immigration Act, because what we have in the 2018 Act and in this Bill is a reciprocal requirement. The idea is that the Government would negotiate to ensure that the 27 would be willing to take poor children in this country who are in this plight and enable them to join their family elsewhere in the 27. The provision for the emigration of small children would be highly inappropriate to an immigration Act or immigration regulations. I believe it follows that the argument about it being inappropriately placed falls.

The third argument is still more difficult and slightly awkward. I am sorry not to see him in his place, but at Second Reading the noble and learned Lord, Lord Keen, said:

“It is vital that the Government are not legally constrained in those discussions.”—[Official Report, 13/1/20; col. 554.]


The noble Baroness, Lady Williams, said that the Government do not wish to see their hands tied. However, nothing in the 2018 Act would tie their hands; they must seek to negotiate. We are not saying that they cannot conclude a deal unless they have successfully negotiated. For myself, I do not think it likely that the negotiation on this point would fail, but we are not saying that if it did, everything would be off. We are simply saying that the Government should have a go. I do not see how that would tie anyone’s hands.