All 2 Lord Dubs contributions to the European Union (Withdrawal) Act 2018

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Wed 14th Mar 2018
European Union (Withdrawal) Bill
Lords Chamber

Committee: 7th sitting (Hansard - continued): House of Lords
Mon 30th Apr 2018
European Union (Withdrawal) Bill
Lords Chamber

Report: 4th sitting (Hansard): House of Lords

European Union (Withdrawal) Bill

Lord Dubs Excerpts
Committee: 7th sitting (Hansard - continued): House of Lords
Wednesday 14th March 2018

(6 years, 1 month ago)

Lords Chamber
Read Full debate European Union (Withdrawal) Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 79-VII(b) Amendments for Committee, supplementary to the seventh marshalled list (PDF, 67KB) - (14 Mar 2018)
Moved by
208: After Clause 9, insert the following new Clause—
“Maintenance of refugee family reunion rights within Europe
(1) A Minister of the Crown must make appropriate arrangements with the aim of preserving specified effects in the United Kingdom of Regulation (EU) No. 604/2013 (the “Dublin Regulation”), including through negotiation with the EU.(2) “Specified effects” under subsection (1) are those provisions, and associated rights and obligations, that allow for unaccompanied minors and adults to join a family member in the United Kingdom before making an application for asylum. (3) Within six months of the passing of this Act, and then every six months thereafter, a Minister of the Crown must report to Parliament on progress made in negotiations to secure the continuation of reciprocal arrangements between the United Kingdom and member States as they relate to subsection (1).”
Lord Dubs Portrait Lord Dubs (Lab)
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My Lords, there are at present two legal paths for unaccompanied child refugees in Europe to come to this country. Clearly there are people traffickers who exploit the situation reprehensibly but that is for another day.

One legal path is under Section 67 of the Immigration Act, an amendment I moved that was passed by this House, accepted by the Government and became part of the Act. The other legal path is what we have called for short Dublin III. That is, under an EU-wide treaty it has been possible for unaccompanied children in one EU country to join relatives in another. For example, a Syrian boy in France could join an uncle in Stockholm. This amendment seeks the continuation of the rights and entitlements that at the moment come under Dublin III.

Under the existing paths that I have mentioned, we have to date, under Section 67, let some 250 unaccompanied children into this country. The Government say that they will put a stop to it when the figure reaches 480. However, that is a subject for debate on another day. Under the Dublin III provisions, something like 800 unaccompanied child refugees have arrived in this country, mainly over the past two years. The majority have come from France, mainly from the Calais area, but not exclusively so.

The numbers in Europe continue to increase. At the moment it is estimated that over 3,000 unaccompanied children are registered in Greece, a third of whom are in shelters. That means that at least 2,000 children, mainly on the islands, are sleeping rough without any proper accommodation or facilities. Secondly, although the Jungle in northern France has been removed, some of the young people who were there before have worked their way back to northern France and several hundred are sleeping in the woods, under the trees, near where the Jungle used to be, in difficult conditions. Quite a few are scattered around Italy as well.

The amendments seek to ensure that Brexit does not result in the closing down of that safe and legal route for unaccompanied children, and some adults, to seek asylum in this country by joining their families. It is simply a matter of keeping the existing methods going. It is not a big thing to ask and it is fairly straightforward. The Government have hinted that they might consider this but we want that hint to become clear.

The Dublin III provisions allow family members and dependants to join family in Britain. Some of those dependants might be, for example, spouses who became separated in the course of their journey and want to join their partner, if that is appropriate, in this country or another EU country. However, much of the argument has been about unaccompanied children; that is, those under the age of 18. By having this significant and legal route, we have provided safety. As I say, quite a lot of Dublin III-eligible children are waiting to be able to come to this country, but the concern is that that might be stopped as a result of Brexit.

Something quite good happened when in January this year the Prime Minister met President Macron of France. Although the policy did not change, there has been an impetus to speed up the process. We have been told that that is the result of the Sandhurst treaty or meeting, and I hope that impetus will continue, but I have not seen many signs of it; things are moving rather slowly.

In moving this amendment, I have been careful, with the help of friends and NGOs, to ensure that we are asking for something pretty straightforward. We are asking that this issue should be negotiated. Clearly, for the Dublin III provisions to work, bilateral arrangements are required between us and the country from which many of these young people come. If we do it unilaterally, there will be no obligation on, say, the French authorities to verify who is eligible under the Dublin III provisions, so it has to be done on a reciprocal basis. It is something that has to be negotiated, which is why it is appropriate for it to form part of this Bill.

All we are asking for is that the process should be negotiated, with a commitment on the part of the Government to do so. That is perfectly reasonable. It is a matter of continuing the process that we have already and of giving some rights, particularly to the young people who come here, while of course the rights of young people in other European countries will continue as before. It is a fairly reasonable proposition and I hope the Government will be sympathetic to it. I beg to move.

Amendment 208A (to Amendment 208)

Moved by
208A: After Clause 9, in subsection (2), leave out “before making an application for asylum”
Lord Dubs Portrait Lord Dubs
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My Lords, I should explain that this amendment to my Amendment 208 is a technicality. I have been told that there is a slight flaw in the original amendment, so I have deleted four words. I have decided that this is the way it should be done. I beg to move.

Lord Bassam of Brighton Portrait Lord Bassam of Brighton (Lab)
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My Lords, I rise to support the amendments tabled by my noble friend Lord Dubs, the noble Baroness, Lady Sheehan, and the noble and learned Baroness, Lady Butler-Sloss. These are important amendments that, frankly, should not be left to be considered at the fag end of a long day. I hope that when we come to the Report stage of the Bill, they will be debated in a rather fuller House than is the case this evening.

In essence, as my noble friend Lord Dubs has said, the amendments seek to preserve the position established by him during the discussions on the last Immigration Act and as a product of Dublin III. Since 2015, some 811 unaccompanied children have been successfully reunited with family in Britain under the Dublin III arrangements, while a further 250 have been transferred under Section 67 of the Immigration Act 2016. These are not big numbers and it frankly shames our country that we have failed to provide help and support for children fleeing war zones and civil war, but at least they represent a level of intervention that we can recognise as the beginning of a humanitarian programme of aid and support. It would be my wish to see our country go further.

In 2015, more than 1 million people arrived in Europe seeking refuge. It is estimated that 90,000 of them were unaccompanied children. The fact that we have taken just over 1,000 I find frankly lamentable. However, I recognise that we need to be realistic in the current situation and those of us committed to helping refugees, particularly child refugees, want at least to ensure that in a post-Brexit Britain we keep alive the important gains we have made to date. As my noble friend Lord Dubs has argued, these amendments go no further than ensuring that the UK Government do not close down safe and legal routes for unaccompanied children and adults seeking asylum to join family and receive protection.

I am not as experienced in arguing the case for refugees as my noble friend Lord Dubs, but I have had some personal experience of dealing with the fallout for refugees through the Refugees at Home charity, which seeks to place refugees with families. For some six months, my wife and I had a young woman called Riam staying with us while she sorted out her asylum status and began to rebuild her life. In talking to her extensively during that time, I gained a picture of how it must feel for many thousands of refugees across Europe who need help and support. Her family were originally from Aleppo. They fled the violence and moved to a city that they thought was safer. She, her sister and her brother eventually escaped the Syrian conflict, leaving her mother and father behind. Now, the family communicate by phone and, occasionally, by Skype. Her brother and sister are in different cities in different European states. This family faces the prospect of never being able to see each other again and enjoying the normal things that families do.

I know that Riam worries endlessly about her parents’ welfare. She once told me that ISIS—and loyal and rebel forces—had made it to the outskirts of her parents’ city and were engaged in fighting. She was terrified by that prospect. I cannot imagine how she must feel daily: estranged, thousands of miles away from her family, who are scattered across Europe and the Middle East, with a sense of loss and not belonging always present in her mind. She is a gifted woman with most of her life ahead of her; she now works here in the UK.

If these amendments are agreed—as they should be, given previous amendments—we can at least make a contribution to helping some of the most vulnerable young people in Europe with a safe passage and some optimism. For the longer term, we need an EU-wide agreement that ensures we shoulder a fair share of the international refugee crisis. My fear is that post-Brexit Britain will turn its back on an issue where we need common and binding institutions to bring countries together to help. I want to hear from the Minister that we will at least retain a common commitment, and I want some reassurances that we will work together across the EU 27—whatever the outcome of the negotiations—to secure fair and humanitarian outcomes in the future, especially for young people and vulnerable refugees. It gives me great pleasure to support the amendment of the noble Lord, Lord Dubs, and I hope that this House will eventually agree to it at a later stage.

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Lord Dubs Portrait Lord Dubs
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My Lords, I am very grateful for the first half of what the Minister said, but slightly less certain about the second half. I wish he had continued as he started. I want to consider his speech when we are all wider awake and in a calmer moment, but the fact is that the Dublin III mechanism is still a way in which unaccompanied children have been able to come to this country and join relatives. That has been a route for them, and more than 800 have come by those means—many from France, but also from Greece. Whatever the technical argument, it has been a positive right and a positive way to safety for some of these young people.

I appreciate what the Minister said about this needing to be reciprocal. Indeed, the wording of the amendment aims to achieve precisely that. It talks about our negotiating on that basis; it has to be reciprocal. I fully understand that otherwise it will not work, because if the French authorities are not interested, they will not identify young people in France who might be entitled to come by that path.

I also agree that the EU has a lot of improvement to go in for. I would like to see, as my noble friend Lord Bassam said, an EU-wide or Europe-wide policy whereby we get near to common standards on behalf of refugees. That would be more sensible, and Dublin III is part of that, although only a small part.

I thank the Minister again for the first half of his speech. I did not know he had been involved with the Scottish Refugee Council. Good for him, although the effect did not last long. That is a bit churlish of me. I did not mean to be so churlish; I appreciate anybody who worked with it. I used to work for the Refugee Council in London, so I know about the good work the Scottish Refugee Council did. I want to think about this and we will have to look at the best way of moving forward on Report. I am grateful to all noble Lords who were so supportive of this amendment and beg leave to withdraw it.

Amendment 208A (to Amendment 208) withdrawn.

European Union (Withdrawal) Bill

Lord Dubs Excerpts
Report: 4th sitting (Hansard): House of Lords
Monday 30th April 2018

(5 years, 12 months ago)

Lords Chamber
Read Full debate European Union (Withdrawal) Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 79-R-V Fifth marshalled list for Report (PDF, 409KB) - (30 Apr 2018)
Moved by
59: After Clause 9, insert the following new Clause—
“Maintenance of refugee family unity within Europe
(1) A Minister of the Crown must make appropriate arrangements with the aim of preserving specified effects in the United Kingdom of Regulation (EU) No. 604/2013 (the “Dublin Regulation”), including through negotiations with the EU.(2) “Specified effects” under subsection (1) are those provisions, and associated rights and obligations, that allow for those seeking asylum, including unaccompanied minors, adults and children, to join a family member, sibling or relative in the United Kingdom.(3) Within six months of the passing of this Act, and then every six months thereafter, a Minister of the Crown must report to Parliament on progress made in negotiations to secure the continuation of reciprocal arrangements between the United Kingdom and member States as they relate to subsection (1).”
Lord Dubs Portrait Lord Dubs (Lab)
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My Lords, this is a very modest amendment. Its aim is to maintain after Brexit one of the main existing legal routes to safety for unaccompanied child refugees—a route that has been working fairly effectively for quite some time. Of course, we know that in the absence of legal routes to safety the people traffickers have a field day, as was mentioned in the earlier debate on the Convention on the Rights of the Child. I have had a number of discussions with Ministers—the noble Lord, Lord Duncan, and the noble Baroness, Lady Williams—in the last few days. We have not reached full agreement, but at least we know where we differ.

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Lord Duncan of Springbank Portrait The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Duncan of Springbank) (Con)
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I thank the noble Lord, Lord Dubs, for moving his amendment and giving us an opportunity to speak about this further. We sometimes attach additional epithets to noble Lords in this House, such as “gallant” and “learned”. Perhaps the noble Lord, Lord Dubs, should be the “noble and compassionate” Lord. I appreciate what he is doing. It is for that reason that my noble friend Lady Williams and I have met the noble Lord and the noble and learned Baroness, Lady Butler-Sloss, on a number of occasions. The noble Lord, Lord Bassam, said that we must be clear about what we are trying to achieve. That has been the purpose of those meetings.

I will state very clearly what we are trying to achieve in the negotiations. The Government have been clear that when we leave the EU we will seek to maintain a close and effective arrangement, including practical co-operation with the EU and the member states on illegal migration and asylum. Combating illegal migration and having efficient and effective asylum systems will continue to be a priority on which we will work closely with our EU partners. As part of that arrangement, and subject to the negotiations, the UK will seek to agree with the EU a series of measures to enable unaccompanied children in the EU to join close family members in the UK or another EU member state, whichever is in their best interests. However, it is important to remember that any such agreement will require agreement and implementation by individual member states.

After the outcome of the negotiations is known, we will bring forward the appropriate legislation as necessary. At that stage this House and the other place will have an opportunity to be clear in their engagement with, and any desire to amend, that piece of legislation. The Government are very clear about what they are trying to achieve in the negotiations. We share the desire of the noble Lord, Lord Dubs, that family reunification rights for the purposes of considering claims for asylum and the systems to deliver them should remain in place once we have left the EU. There can be no dropped ball, diminution or loss—there needs to be continuity, seamless in its effect. It can be nothing other than that.

In my discussions with the noble Lord, Lord Dubs, we spoke about the Dublin III approach. The sad fact is that in many cases Dublin III is simply not fit for purpose. That is perhaps the greatest tragedy of all. Across the EU we look to that as though it sets a benchmark when in truth it is doing nothing of the sort—indeed, quite the reverse. In some instances there is opposition within member states to the functioning of Dublin III. Of course, Dublin III will evolve into Dublin IV, but Dublin IV will not come before the next European elections. That is unlikely simply because of the timetable. It is not for me to draw your Lordships’ attention to what we might expect in those elections but we must be cognisant of them. We have seen in election after election a growth in parties whose views about the wider issues of migration are perhaps not to be applauded and which are quite the reverse of the welcoming approach that we in this Chamber might believe needs to be stressed.

The danger is that we are recognising a benchmark inside the EU that even the EU itself does not believe is fit for purpose. We need to go beyond that. That is why I like to think that we are not seeking to measure ourselves against Dublin III but rather setting in place very clear measures which are safe and sure and address the very matters that the noble Lord, Lord Dubs, has raised. If we seek to use the EU as a benchmark, we will do a disservice to the very people who would need to draw on these elements. That might seem an odd thing to say, but noble Lords who have spent any time attending to how the Dublin III measure are evolving will recognise that that is one of the central problems.

I am aware that there are challenges ahead as we enter into the negotiations. A number of noble Lords have asked why this is not therefore placed in the Bill. What we are saying is that at the appropriate point these elements will be front and centre of a Bill before the other place and this House, offering exactly the opportunities that your Lordships would wish to have—at the right time. To bring them forward and try to put them into the Bill now—into what is, in effect, a pre-negotiation settlement—will cause us difficulties. That is why we have sought to be as forthright as we can about our intention, our ambition and our method. We do not wish to see these rights undermined or lost; we wish them to be sure and safe. It is for that reason that we have moved in this way. I appreciate that there is a desire to return this to the House of Commons, perhaps with the idea that we can again emphasise how exactly we will take these matters forward. That is your Lordships’ prerogative. I would argue that in the other place the same discussions may lead to a very different result, and that might send a message that this House might prefer not to be sent.

It is a difficult issue, because we are sending, I hope, a very clear message: the UK remains committed to the very elements that the noble and compassionate Lord has brought before us on this and a number of other occasions. We remain committed to them. They will be front and centre in our negotiations, and we have engaged directly with the noble Lord on this matter.

We have also recognised that when that point comes—when legislation or appropriate vehicles are required—there will be an opportunity, in both this House and the other place, to address the very matters that the noble Lord has raised today. On that note, I hope and wish the noble Lord will feel able to withdraw his amendment, recognising that there will be further opportunities for the noble Lord to fight with the same passion on this matter, as I do not doubt he will continue to do in the future. I hope, therefore, that he will withdraw his amendment.

Lord Dubs Portrait Lord Dubs
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My Lords, I am grateful for the support of Members of the House for this amendment. In a curious way I also thank the Minister for his support for the principle that I am trying to establish.

It seems to me that the clearest message of support for the amendment would be to pass it tonight. Anything else would look as if we were hesitating and not totally certain. I am sure the Minister and his noble friend Lady Williams are quite sincere in wishing to support the principle of the amendment. The signal we send, however, will be a different one. I do not see putting this in the Bill causing any difficulty. We ask only that the Government should have a basis for negotiating to achieve the end that we are talking about. If Dublin III gives way to Dublin IV, the Government will have the flexibility to negotiate on that basis. The proposition is clear, and I ask for the support of the House. I beg leave to test the opinion of the House.