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

Lord Russell of Liverpool Excerpts

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

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

My Lords, hybrid proceedings will now continue. Some Members are here in the Chamber respecting social distancing, others are participating remotely, but all Members will be treated equally. If the capacity of the Chamber is exceeded, I will immediately adjourn the House.

I will call Members to speak in the order listed. Interventions during speeches or “before the noble Lord sits down” are not permitted and uncalled speakers will not be heard. Other than the mover of the amendment or the Minister, Members may speak only once on each group. Short questions of elucidation after the Minister’s response are permitted but discouraged. A Member wishing to ask such a question, including Members in the Chamber, must email the clerk. Leave should be given to withdraw amendments. When putting the question, I will collect voices in the Chamber only. If a Member taking part remotely intends to trigger a Division, they should make this clear when speaking on the group. We will now begin. I call the noble Lord, Lord Dubs.

Clause 6: Children in care and children entitled to care leaving support: entitlement to remain

Amendment 1

Moved by

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[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 Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, I was about to clarify that we are talking about Amendment 1, but the noble Lord, Lord Dubs, and indeed the Deputy Speaker, have now clarified that.

The noble Lord’s amendment seeks to remove the declaratory status aspect of Clause 6 so that it would provide for children in care and care leavers who have their right of free movement removed by the Bill to obtain indefinite leave to remain—or settled status—under the EU settlement scheme, where they applied to the scheme or a local authority did so on their behalf. It would do this regardless of how long the child or young person had been continuously resident in the UK. There is absolutely no difference of view on the importance of protecting the rights of children in care and care leavers as we end free movement—just as we are seeking to do where all vulnerable groups are concerned.

I set out in earlier debates on this provision the extensive support that the Home Office is providing to local authorities to ensure that those children and young people, as well as any other vulnerable groups, get UK immigration status under the EU settlement scheme, and the secure evidence of that status which the scheme provides. This includes grant funding to organisations across the UK of up to £17 million over the period 2019-20, to support this and other vulnerable and at-risk groups in applying to the scheme. I am pleased to say that the Home Office announced last week that the number of organisations funded for this work would increase from 57 to 72. That includes local authorities and local government associations as well as charities.

I made it crystal clear in the earlier debates that, in line with the withdrawal agreement, where a person eligible for settled status under the EU settlement scheme has reasonable grounds for missing the 30 June 2021 deadline, they will be given a further opportunity to apply. I have also made it clear that those reasonable grounds will include where a parent, guardian or local authority does not apply on behalf of a child. Therefore, if a child in care or care leaver does miss the deadline, they can still obtain lawful status in the UK.

In light of views expressed in this House in our earlier debates on this issue, the Government do not object to Amendment 1. We will see how the other place regards Clause 6 as so amended.

[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.

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[Baroness Neville-Rolfe (Con)]

As the Member who was lucky enough to speak first on this Bill, both in Committee and on Report, I thank those involved with its passage through our House. Indeed, I have spoken on nearly all the Bills that have followed from our exit from the EU, in my position as a former Minister and as a current member of the European Union Committee.

I particularly congratulate my noble friend Lady Williams on her handling of the Bill. It is possibly the most challenging of the EU exit Bills, involving very divided opinions across the House; yet, thanks to her good humour and diplomacy, shown again on Amendment 1 today, it has been progressed in a timely and very courteous manner. Thanks are also due to another Minister, my noble friend Lady Stedman-Scott, our social security Minister on this Bill; to our Whip, my noble friend Lord Parkinson of Whitley Bay; to all those on these Benches who have spoken and to others across the House; and of course to the excellent Bill team.

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

I call the Minister.

[Baroness Williams of Trafford (Con)]

I am glad the Deputy Speaker has given me another chance to speak, because I forgot to thank both my noble friends Lady Stedman-Scott and Lord Parkinson of Whitley Bay. I will just thank them fulsomely and sit down.