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

Baroness Garden of Frognal Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 14th September 2020 Lords Chamber

Amendment 43 withdrawn.

[The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)]

We now come to the group beginning with Amendment 44. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this or anything else from this group to a Division should make that clear in debate.

Amendment 44

Moved by

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Finally, in her Answer to my Question, the noble Baroness said that discretion could be exercised in such cases. It is not being so exercised. The guidance does not offer sufficient assistance, and, in any case, the earlier undertaking was not fulfilled. The Bill needs to put matters right through an amendment such as this.

[The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)]

The noble Lord, Lord Bourne of Aberystwyth, seems not to be with us, so I call the noble Baroness, Lady Smith of Newnham.

[Baroness Smith of Newnham (LD)]

My Lords, I essentially support all the amendments in this group, but in particular it is crucial to think about the EU nationals resident here for maybe five years or more who expected to get settled status and then were given pre-settled status. As my noble friend Lady Hamwee so eloquently outlined in her opening remarks, 41% of those EU nationals seeking status of some sort have so far been given pre-settled status.

Maybe members of Her Majesty’s Government are always fully on top of every detail of every document they are ever required to look at, sign or agree. Whenever they get a piece of paper—assuming they even get a piece of paper and it is not some digital communication—they presumably know where they put it and they will know that on some future date, perhaps 23 July 2023, they will have to say, “Now I’m due to have my settled status. Oh Government, please, what do I do now?”

Every Minister might be able to do this, but I suspect that many of the 1.4 million people with pre-settled status might be more like the rest of us: they would know at the back of their minds that they needed to do something. It is a bit like doing a tax return, but at least with an annual self-assessment, one is reminded of it constantly—not just by emails from HMRC but by regular newspaper and television advertisements telling people the date by which they have to do their annual self-assessment tax return. People with pre-settled status are not going to have a single date: each of them will have a different point at which their five-year residence is up and needs to be turned into settled status. Amendment 45 is therefore absolutely crucial.

The Minister may argue that each individual should take responsibility for themselves—this may be the government view. I am sure that everyone who has sought settled status and has so far been told that they can have only pre-settled status is trying to take responsibility for themselves, but there may be all sorts of reasons why they do not necessarily remember the precise date by which they need to regularise things. It could be because of individual specific circumstances. As the noble Baroness, Lady Altmann, mentioned, it could be because of the Covid crisis. There are all sorts of reasons people may not be able to deal with paperwork in the way they would normally be able to do. There may be a family bereavement—there could be a whole set of reasons why people have not thought through what paperwork is required.

There is, however, something to be said for the Government sending appropriate reminders. Surely one of the lessons of Windrush is that it is hugely important not only for individuals to have details of their own status but for the Government to have them too. If the Government are moving so much towards digitisation—so that all settled status documentation will be digital, unless the amendment in the name of my noble friend Lord Oates is passed—it ought not to be beyond the wit of the Government to have a mechanism for alerting people, six months out, to what they need to do to convert their status. If the Minister is minded to demonstrate Her Majesty’s Government’s compassionate and flexible approach—not something we very often see from the Home Office—that would be one way of going about it.

The amendment in the name of the noble Lord, Lord Rosser, requesting information about what would count as appropriate for a late application is most valuable. EU nationals who have used their rights of free movement in recent years would be fully aware of the requirement to seek settled status. But people who have lived in the United Kingdom for many years—who were maybe born here, to parents who are not British but who had the right to be here because of some other European citizenship—may not think to apply. Maybe they have lived all their lives in the United Kingdom and never stopped to realise that they did not have the rights of residency that settled status would give them, without which they may not even be permitted to be in this country. Unless the Government has an effective way of identifying a whole range of people eligible for settled status but who did not realise that they needed it, some flexibility is required. A tolerant country would surely allow these people to apply late when their status becomes clear.

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[Lord Judd (Lab) [V]]

My Lords, I sometimes wonder whether the Government—particularly those within No. 10, holding office or otherwise—have any sense of shame whatever. There is really no other way to describe their dilatory approach to all this than shameful. Perhaps nothing is unbelievable these days, but it is almost unbelievable that—dealing with children in the most vulnerable situation, who have been through hell and are psychologically and sometimes physically in a very bad way and in need of love, affection, care and concern—there is a total failure to ensure that the provisions of the Dublin agreement, such as they were, have been carried forward and a satisfactory replacement negotiated with the European Union.

I know that it is a controversial thing to say in this House, but I have reached a point at which I feel shame for my nation. Do we care about children, or indeed adults, who are in desperate need or do we not? Why are we not busting a gut, with all our ingenuity and skills, to find ways in which people can, in their desperation, make safe journeys rather than being thrown into the hands of smugglers or acute dangers in totally inadequate vessels? This issue goes to the kernel of what kind of nation we want to be and appear to the world to have become.

All I can say is that my admiration for my noble friend Lord Dubs is unbridled. The way he has been, in effect, repeatedly let down by government is a sad and sorry story. I am sorry if it appears that I am just moralising, but this is crucial to where our sense of care, concern and responsibility as a nation is. Therefore, this amendment, whatever it can do, is desperately needed. I cannot say how sorry and sad I am that we have reached this predicament.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

The noble Baroness, Lady Bennett of Manor Castle, has withdrawn, so I now call the noble Baroness, Lady Primarolo.

[Baroness Primarolo (Lab) [V]]

My Lords, I hesitate to speak in this debate having heard the eloquent and dedicated contribution of my noble friend Lord Dubs, and from the noble Lord, Lord Kerr, and the right reverend Prelate the Bishop of Durham, about the humanitarian imperative to act now in this terrible crisis that we are seeing unfold, both in Greece and France, of unaccompanied children and families. As pointed out by the noble Baroness, Lady Lister, we see proposals from the Government that appear to prepare to weaken our commitment to reuniting unaccompanied children with their families—at a time that strikes at the heart of what we believe are British values of caring and standing up for those who are less well off than us and taking our share and burden in helping those in greatest need.

Amendment 48, which I support, would provide the basis on which this country could have rules that offered a safe route for children to join their family members in the UK. Having such clear rules offers a path forward. The Minister has to tell the Committee why the Government find themselves in a position in which the EU has rejected the proposals that they put forward in the negotiations on the basis that they were not part of the mandate. They were never part of the mandate. It looks unlikely that we will be able to negotiate bilateral agreements with the other member states. If the EU has overall competence for this matter, that route will be closed off for ever.

On 3 September, a Home Office official appearing before the House of Commons Home Affairs Select Committee confirmed that at the end of December 2020 the UK will not be bound by the Dublin arrangements. So we have no route through negotiations; we think that bilateral arrangements are unlikely, and we know we will not have Dublin III, according to the Government. Can the Minister tell the Committee, if she is going to reject amendment, what plans the Government have to ensure that we have a mechanism in place at the end of the transition period to provide a replacement for Dublin III? Can she explain how unaccompanied children in desperate need of clarity and certainty will receive speedy action so that they can be reunited with their families? Will she detail how, if she will not accept the amendment, she intends to insert rights into the Bill that protect children with relatives in the UK who are willing to take responsibility for those children?

The Government are being offered a clear and simple way forward to meet these obligations by the brilliant work of my noble friend Lord Dubs. I urge the Minister to accept the principles enshrined in the amendment. I hope she will respond positively to all the comments that have been made thus far in this very important debate.