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

Lord Dubs Excerpts

3rd reading & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords
Monday 12th October 2020 Lords Chamber

Moved by

[Lord Dubs]

1: Clause 6, page 4, line 28, leave out “is deemed to have and” and insert “on notification by the local authority to the Home Office that they are such a child, must”
Member’s explanatory statement
This amendment aims to address the Minister’s concerns at Report stage by removing the phrase “deemed to have”. It ensures that EEA and Swiss nationals who are in care, and those who are entitled to care leaving support, are granted Indefinite Leave to Remain under the EU Settlement Scheme.

[Lord Dubs (Lab) [V]]

My Lords, it seems a long time since we debated this Bill on Report. I am now speaking to the amendment to Clause 6 in my name. This is a technical change and need not detain us for long. The amendment is intended to achieve settled status for children in care and care leavers. It deals with the identification of such children and the problems they may have with applying for their status—indeed, dispensing with pre-settled status and moving on to settled status.

On Report, the Minister raised concerns about the original wording of the amendment, particularly the phrase “is deemed”, suggesting that this would mean that children and young people would have no secure evidence of their immigration status. The amendment before us today removes the phrase “is deemed to have”, with which the Minister specifically stated that she was unhappy, and replaces it with

“on notification by the local authority to the Home Office that they are such a child, must”.

I hope that by setting out the process of identifying and supporting these children through the EU settlement process, this amendment would remove the Minister’s concern over automatic entitlements and the problem that these children would not be able to prove their immigration status in the future. In the first instance, we would expect that local authorities would be required to identify these young people, after which they would be granted settled status through the EU settlement scheme. This would allow these young people access to the evidence that they need to prove their rights and entitlements in the long term. This House has always championed the rights of the most vulnerable children, especially those in the care system. I hope that the Minister will accept this amendment. I beg to move.

[The Deputy Speaker (Lord Russell of Liverpool) (CB)]

My Lords, I should have said when I called the noble Lord, Lord Dubs, that we were talking about Amendment 1, to Clause 6. I now call the Minister.

[The Deputy Speaker (Lord Russell of Liverpool) (CB)]

I have received no requests to speak after the Minister so I call the noble Lord, Lord Dubs.

[Lord Dubs (Lab) [V]]

My Lords, I am delighted with the Minister’s positive response. I say in passing that I wish we had had such a positive response to a number of other amendments, but that may be too optimistic on my behalf.

Amendment 1 agreed.