European Union (Withdrawal) Bill

Baroness Butler-Sloss Excerpts

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

[Baroness Butler-Sloss (CB)]

I was President of the Family Division. It is interesting that, as far as I know, in domestic family law, nothing whatever is said about rights for children up to the age of 16. There are some medical rights for children aged over 16. In the human rights convention, nothing is said about the rights of children, which makes the United Nations convention absolutely crucial.

I add just one further point. In 1988, I was the author of a report on the Cleveland child abuse inquiry. My second recommendation was that children ought to be viewed as people and not objects of concern, which is how our domestic law looks at children. It is a very serious matter. If we do not have the protection of the UN Convention on the Rights of the Child in its various articles, we will fall very seriously behind—and that is why I support the amendment.

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[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.

[Baroness Butler-Sloss]

As one of those who was involved in the drafting of the Children Act, my recollection is that it is entirely devoted to the welfare of children and their best interests. I cannot remember a single word about rights. Parents have rights and responsibilities, but not children.

[Baroness Goldie]

I defer to the noble and learned Baroness’s prowess in this area—I would not seek to usurp it for one moment. I am merely giving that Act as an example of part of the framework that currently exists in statute to protect children. If parents indeed have responsibilities under that Act, presumably that confers benefit on the children. Additionally—and I was interested that noble Lords did not refer to this—the European Convention on Human Rights as a whole offers protection of children’s rights, and this is implemented by the Human Rights Act 1998. Children are not excluded from these provisions.

I also want to make clear to the House that the overall package of children’s rights protections set out in domestic legislation can be challenged in the usual ways in the event of a breach of a specific provision of domestic legislation. This will continue to be the case following our withdrawal from the EU.

A number of contributors raised the interesting question of sanctions against breaches. I have no specific information on that but I will undertake to investigate and, if I can procure any information, I will certainly write to those who raised that specific aspect.

As has been stated during previous debate on this—and I thank those who have provided helpful contributions—the Government take very seriously the need to ensure that proper checks and balances are in place so that we continue to safeguard and promote children’s rights. The intention behind this amendment is clearly to create additional safeguards. However, I suggest that sufficient measures already exist which will not be affected by our withdrawal from the EU.

It is important to recognise that all state parties undergo rigorous periodic reporting rounds on the UNCRC, to which a number of contributors referred, consisting of intense scrutiny and challenge. The last reporting round concluded in 2016, with the United Nation’s concluding observations published in July of that year. In response, the Government reiterated their commitment through a Written Ministerial Statement in October 2016. In January 2022, the Government will submit their next UK periodic report for the United Nations Convention on the Rights of the Child to the UN. This report will primarily address the UN recommendations that came from the last reporting round, which, as I say, concluded in 2016. In addition, next year the Government will be submitting a mid-term report to the UN Human Rights Council on the 227 United Nations recommendations, many of which relate to children’s rights. This report is a voluntary commitment of the UK, aimed at keeping all UN recommendations under review in advance of the next universal periodic review’s dialogue, expected in 2021.

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[Lord Bassam of Brighton (Lab)]

My Lords, my name is joined with that of the noble Lord, Lord Dubs, on this amendment. I think that if I was to make a lengthy speech in support of the amendment the House would not thank me. It is much better that we try to resolve the matter.

I want to thank the Minister for our meeting earlier today with the noble Lord, Lord Dubs. It was very useful but also quite instructive. I think that we were agreed that we were not far apart in what we were both seeking to achieve. Where we differ fundamentally is that the noble Lord and I share the view that we should put such a provision in the Bill.

There was a lot of resistance when the noble Lord tried to do this with his original Dubs amendment. Some of the arguments then were exactly the same. They were: “This isn’t something you should try and commit to legislation”. Well, I think it is, because it sets a benchmark and a threshold, and it gives an instruction. The Government are often keen to tell us that they have been instructed on things, and we need from time to time to be clear about what we are trying to achieve in negotiations. This is one of those occasions.

We should not resile from our humanitarian commitment. This evening, by supporting the amendment in the name of the noble Lord, Lord Dubs, we will be fulfilling that commitment. I therefore hope that the House comes speedily to a conclusion in this debate, so that, if we have to, we can divide on it and give support to the noble Lord on a very important matter to which I think we all wish for a happy outcome.

[Baroness Butler-Sloss]

My Lords, I, too, have put my name to the amendment. As the noble Lord, Lord Dubs, has pointed out, we are talking about the rights of children. This is not just a humanitarian question; it is about a number of children across Europe who have a right to come to this country at the moment because their family is here.

Having gone to Calais last summer and having with Fiona Mactaggart, the former MP, written a report on what was going on in Calais and Dunkirk, I know that the plight of children there who have not yet been processed is dire. The plight of children in the Greek and Italian camps is very poor. Therefore, the way in which Dublin III works is patchy, but, as the noble Lord, Lord Dubs, has said, it works to some extent. Please let me repeat: we are talking about children with rights and not advancing arguments based exclusively on humanitarian grounds.

I was lucky, with the noble Lord, Lord Dubs, to be at a different meeting from that referred to by the noble Lord, Lord Bassam, in which we met two Ministers, the noble Baroness, Lady Williams, and the noble Lord, Lord Duncan. We had useful discussions. I entirely accept the genuineness of their offers to the noble Lord and me. They are trying hard to placate us. They have expressed good intentions which are, as far as they go, valuable, but they are aspirations as to what might happen at a later date. They are talking about the possibility of an immigration Bill and of another Bill later this year, or what they call in lovely general terms a vehicle into which this sort of thing can be placed. As far as it goes, that is good, but it does not go far enough.

I would like the House of Commons to have time to discuss this amendment if this House passes it, as I hope it will, so that, by that time, Ministers will perhaps have got their act together to be able to make much more concrete offers to the House of Commons. Therefore, it is important that we support this amendment at this stage so that at least the other House has the chance to consider it. I will therefore vote for the amendment if the House divides.

[Baroness Sheehan (LD)]

My Lords, I shall say just a few quick words as my name is also attached to this amendment. In essence, what the amendment boils down to is that without the UK’s continued participation in Dublin III, which would be the case if Brexit were to happen, an unaccompanied orphan in Europe, among others, could no longer apply to be reunited with close family members while an asylum claim is being processed. Brexit is about many things but it is not about doing away with one of the very few safe and legal routes that exists to bring some of the most vulnerable children to the UK.

Since this amendment was debated in Committee we have witnessed the maelstrom that has raged over the inhumane treatment of the Windrush generation. Across the Commonwealth, how the Windrush scandal plays out is being watched with concern and our reputation is on the line. I say to the Government that at a time when we are trying to redefine our place in the world and looking for good will and support from friends across the globe, to be seen as a nation that is trying to isolate itself from responsibilities to people seeking sanctuary, some of them very young, will not do us any favours.

The Britain that the world knows and that the British people, by and large, recognise is the Britain that has always spoken up for values and principles that enshrine in international law the rights of vulnerable people who, through no fault of their own, find themselves destitute and place themselves at our mercy. We have a proud history of welcoming them and I should like us to continue to do so. So should the noble Lord, Lord Dubs, decide that the Government’s moves are not enough to satisfy him and wish to seek the opinion of the House, we on this side of the House will wholeheartedly support him.