European Union (Withdrawal Agreement) Bill

Baroness Sheehan Excerpts

Committee: 2nd sitting (Hansard continued) & Committee stage & Committee: 2nd sitting (Hansard continued): House of Lords
Wednesday 15th January 2020 Lords Chamber

[Baroness Blower (Lab)]

My Lords, it is a pleasure to support my noble friend Lord Dubs in this matter. For me, this is a moral and ethical matter as well as a political one. Why would a Government resile from a clear provision to facilitate the reunification of refugee children with their families, particularly when it had already been passed into law?

A noble Lord opposite, who is not currently in his place, said that a Government with a majority of 80 might make some big mistakes, and the inclusion of Clause 37 would be just such a big mistake. As my noble friend Lord Dubs said, the British people are essentially humanitarian. The Government would be seen to be lacking in their will for social justice and basic humanity if any inhibition was put in the way of ensuring that that small number of children—who are already out of whatever their jurisdiction might be deemed to be, but find themselves in difficult and, for us, unimaginable circumstances—are reunited with their families in this country.

It is often said that a society is judged by how it treats its most vulnerable, its weakest and those in the most difficult circumstances. We would be found wanting if we were not to oppose the introduction of Clause 37; we would be treating badly those who are already extremely vulnerable. I would much prefer to be well considered in how we deal with, consider and treat the most vulnerable.

[Baroness Sheehan (LD)]

My Lords, I cannot believe we are here again. It is like déjà vu, or a bad dream. I thought we had put this issue to bed. It took a long time previously and I have not forgotten how hard NGOs and people on this side of the House—and, of course, the noble Lord, Lord Dubs—had to work to make Dublin III work for unaccompanied asylum-seeking children who had family here. It was not an easy legal trip but, through JRs and so on, we got it to work eventually, and the thought that the system might be dismantled is too depressing for words.

It seems that Conservative Governments pass up no opportunity to try to prevent us abiding by our legal duty to uphold the rights of the child. I fear that views sometimes articulated by the right-wing press make some Members on the government Benches think they are being taken for a ride. One such view is that these children are sent here as a way to cleave open the system, so that the rest of the family may follow. Can they produce the evidence to back that up? No, because there is none. Children are more likely to stay quiet about where their family is because they fear that retribution might be visited upon them.

Another such view, referred to by my noble friend Lady Hamwee, is that allowing family reunification creates a pull factor that will encourage others to make the trip. I suggest that anyone who truly holds that view visits some of the refugee camps and speaks to people there. I am sure that listening to their human stories—such as that of Adam, whom I know well—will encourage them to think differently. Adam is not his real name. He fled north Darfur at the age of three with his family. He was orphaned but made it to a refugee camp where he lived a hand-to-mouth existence until the age of 14, in constant fear that the Janjaweed militias would one day succeed in taking him away. There was no school and no hope, just fear. At the age of 14 he took the decision to leave to try to make his way to Europe because the risk was worth it. He was driven to take the risk by desperation. His is just one story. There are many more children like Adam who desperately need our compassion and our kindness but, most of all, our commitment to international rules of law that protect the best interests of the child and, in particular, to the continuation of the Dublin III regulation once we have left the EU for good.

Removing our commitment to Dublin III from the Bill with a promise to make good later is not good enough. These children, and in particular their advocates, need to know that a system that has finally been made to work will not be dismantled. Starting from scratch to set up another system that works legally will mean that time will be lost, and lost time means that lives will be damaged. I think the Government will agree that there will be a gap in legislation and they cannot know how long it will be. Please let us leave things be.

[Lord Mackay of Clashfern]

The Dublin III arrangements will continue until the end of this year. The Government’s purpose is to make arrangements that will take effect immediately after that. That is what this is about. It is not about taking anything away. It is about construction after the end of this year, assuming that—I am assuming what was said in the last debate—still stands.

[Baroness Sheehan]

I thank the noble and learned Lord. The Government say that they will, but the question is when. There is no guarantee that there will not be a gap through which—

[Lord Mackay of Clashfern]

There is no guarantee that anything is going to happen particularly, but Dublin III is in and the Government have expressed their intention to replace it with an arrangement that applies to children here who have family in Europe and to children in Europe who have family here.

[Baroness Sheehan]

If, as the noble and learned Lord said, nothing is going to change, let us leave things be.

[Lord Elton (Con)]

I have just a small point. I understand that under Dublin III “specified family members” refers not just to parents but to grandparents, aunts, uncles and siblings. When she replies, will the Minister slip in a word because that would make it easier for some of us to follow what is happening?