Grandparents: Legal Rights

Debate between Lord Keen of Elie and Baroness Altmann

Thursday 10th May 2018 Lords Chamber

[Lord Keen of Elie]

My Lords, we respect the right of grandparents to make an application for an arrangement order for children. Indeed, in the context of public law cases, local authorities are directed to consider placing children with relatives where it is not possible for the parents to continue with their care. It is open for grandparents to be appointed as special guardians in such situations.

[Baroness Altmann (Con)]

My Lords, I am sure the Minister agrees with me that grandparents often have a very special relationship in the life of any child, and I congratulate the Government on the recognition of grandparents’ rights, for example, in the crediting of national insurance contributions for grandparents who look after their grandchildren. May I also urge my noble and learned friend to encourage our honourable friend in the other place to reinforce the concerns expressed that denying rights of access for grandparents can often be like a living bereavement? If there is an opportunity to amend the Children Act to give grandparents more rights, I would very much welcome it.

[Lord Keen of Elie]

My Lords, of course we understand the concern of grandparents with regard to child arrangements. But, as I indicated earlier, this is a difficult field. It is easy to talk of a presumption in favour of grandparents, but if you do that, you are, in effect, intruding on the rights of the parents with respect to the care of the children.

European Union (Withdrawal) Bill

Debate between Lord Keen of Elie and Baroness Altmann

Committee: 11th sitting (Hansard - continued): House of Lords
Wednesday 28th March 2018 Lords Chamber

[Lord Keen of Elie]

It is not in my gift. It would be a matter for international treaty negotiation between the United Kingdom and the Republic of Ireland. It is for Ireland to decide who it will admit as citizens of the Republic; it is not for us to demand. That is the answer to the noble Lord’s point.

[Baroness Altmann (Con)]

As a point of interest, perhaps one should recommend to all pregnant mothers in Great Britain that they might consider going over to Northern Ireland to have their babies.

[Lord Keen of Elie]

I am not going to indulge in an issue regarding maternity at this stage. Let us try to keep focus on the amendment, shall we?

We are all aware of the issue and we are also aware of the agreement that has been entered into to protect the rights of EU citizens and their family members living in the UK and of UK nationals living in the EU until the end of the implementation period, set at 31 December 2020. During the implementation period, individuals will still be fully covered by the EU acquis. UK nationals will be able to continue to move around the EU 27 member states and will have the freedom to move to another member state to live and work, as long as they do so before the end of the implementation period.

That reminds me of the point made by the noble Lord, Lord Kerr, about Article 32 of the withdrawal agreement. The position is this: what was proposed in Article 32 was removed as there was no actual agreement on that point. Therefore, there was no reason to have a legal text covering a point that was not the subject of agreement. The United Kingdom pushed strongly for the inclusion of ongoing movement rights during the first phase of the negotiations, but the European Union was not yet ready to include them. Of course, it remains an issue that we wish to pursue. We have already made that clear.

To come back to the amendment itself, it is simply not feasible for us to set upon a course of negotiation that is doomed to failure. We cannot secure EU citizenship for citizens of the United Kingdom after we leave the EU. That is the short point to be made. Therefore, the amendment would set the Government on a course of negotiation that would effectively prevent the present Bill—

--- Later in debate ---

[Lord Keen of Elie]

My Lords, we are engaged in a bilateral negotiation; it has not yet concluded. This Bill is designed to accommodate the situation in which there may not be a conclusion to that negotiation, as well as a situation in which there may be. In the event of the latter case, the withdrawal agreement and implementation Bill will bring the legislation into line with the statute book.

[Baroness Altmann]

Will my noble and learned friend clarify for the Committee, if nothing is agreed until everything is agreed and we may not go into a transition period, how it can possibly make sense to have 29 March written into the Bill?

[Lord Keen of Elie]

Because that addresses a distinct issue, which is the exit date from the EU. It is quite distinct from the question whether we are able to finally conclude an implementation period, which it is our intention to do. Let us be clear about that. The EU has also indicated its intention to do it as well. But we are engaged in a bilateral negotiation.