All 5 Lord Dubs contributions to the European Union (Withdrawal Agreement) Act 2020

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Mon 13th Jan 2020
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Monday 13th January 2020

(4 years, 3 months ago)

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Lord Dubs Portrait Lord Dubs (Lab)
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My Lords, before I come to my main points, I will differ very much from the noble Viscount’s comments. I believe that where we are is a threat to our union. I believe it threatens England being separated from Scotland and what is going to happen in Ireland. I would not be as relaxed as the noble Viscount has been.

As somebody who very much supported the remain side of the argument, I am of course disappointed that we are where we are, but we must accept the result of the election. Having spent a lot of the election in London constituencies, however, I am bound to say that it was quite surprising—but then, I suppose London is a bubble and we got a different view of what was happening from that of what was happening elsewhere, judging from my brief forays outside the M25. We have to accept that, but the noble Lord, Lord Robathan, made a comment about people saying the electorate were silly. I would never say the voters were silly. If they came to a conclusion that I do not agree with, it is my fault and that of other politicians that we did not put the case as well as we should have. I would never say the voters were silly, although it is interesting that the voters of London differed somewhat from the voters of other parts of the country.

I will make only two points. I still believe emphatically that we are European, and it is important for us in all sorts of ways that we maintain our international connections even if we have left the formal structures of the European Union. I therefore hope that international structures such as the Council of Europe, the Organization for Security and Co-operation in Europe—the parliamentary assembly of which I serve on—the all-party groups and the British-Irish Parliamentary Assembly will be given more support by the Government to continue to achieve good international links with the countries that are our former European partners. I believe we are still an international country in outlook. I still believe in the idea of international solidarity and do not want to lose that, even though we will have lost our formal membership of the European Union. The Government can encourage all this, and it is important that they should.

My second and only other point concerns the Salisbury convention and the amendment on child refugees. There will be plenty of chances to debate this amendment later this week in Committee and, I believe, on Report next week. However, I have looked at the Salisbury convention and the very interesting Library note on it and have tried to understand what it is all about. There are different views, but one thing is clear: where there is government legislation based on a clear and unambiguous manifesto commitment, we as an unelected House do not have the right to challenge the principle of that legislation, nor to obstruct or delay it. I think that is clear, whatever other nuances there are about how the Salisbury convention might work. I think we are all agreed on that.

I come now, obviously, to the point about child refugees. I have found nothing in the Government’s election manifesto that suggests they were going to reverse the existing policy on family reunion for child refugees. I shall not argue the details of that, but merely say that we are fully entitled as a House to amend that clause, and maybe one or two others, where there is no manifesto commitment. The idea of a manifesto commitment is a healthy one in a democracy. If the electors of this country have supported a party that won the election on the basis of specific policies, we should respect that. But where the Government simply decide, quite arbitrarily, to impose something, in this or any other Bill, that has nothing to do with the manifesto commitments, I think we are entitled—indeed, I would go so far as to say we have an obligation —to challenge it and vote accordingly, if we so wish. That is fairly clear, and we can argue about the merits or demerits of the Government’s attitude to child refugees in later stages of the Bill.

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

(4 years, 3 months ago)

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Omitting Clause 37 would ensure the continuation of the refugee children and family reunification provisions of the European Union (Withdrawal) Act 2018.
Lord Dubs Portrait Lord Dubs (Lab)
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My Lords, I will argue that Clause 37 should not stand part of this Bill. I think I have had three sets of discussions with Ministers about this, for which I am enormously grateful: once on the phone and twice in meetings face to face. I am grateful for the time they have given me. Indeed, I was quite flattered on one occasion that there were three Ministers and seven officials—I thought the odds were just about even on that one. At any rate, I have had plenty of chances to make my points.

Regarding the Salisbury convention, as it was mentioned in the last discussion, it is fairly clear to me that it would allow us to move this amendment—to do what we like—on unaccompanied child refugees, because they were not given any mention in the Conservative Party manifesto. Indeed, it was quite a shock to many of us when we saw the Bill that Clause 37 was there at all, as we had had no previous warning.

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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I am not sure that I can give that undertaking but I will certainly request it. I will also come on to the noble Baroness’s question about the words “best interests” appearing in subsection (1)(a) but not in (1)(b). The phrase “equivalent circumstances” in subsection (1)(b) duplicates that. She might like to take a look at that and, if she is not content, I will be happy to go through it with her.

The noble Baroness, Lady Sheehan, talked about the gap, and my noble and learned friend Lord Mackay pointed out that Dublin III will exist until the end of the implementation period. My noble friend Lord Elton asked for the definition of “relative”. I think that there has been another misunderstanding—that all the relatives were listed in Section 17 but do not appear in Clause 37, although they do. A relative in relation to an unaccompanied child means

“a spouse or civil partner of the child or any person with whom the child has a durable relationship that is similar to marriage or civil partnership, or … a parent, grandparent, uncle, aunt, brother or sister of the child”.

That is quite an extensive list and I hope that that helps my noble friend.

I shall finish on the words of my noble and learned friend Lord Mackay. Section 17 in and of itself gives no rights to children. Through Clause 37 we are attempting to lay out our intentions. We have done so in the manifesto and have already started talks with the EU on this subject. Our commitment to children has not changed.

Lord Dubs Portrait Lord Dubs
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My Lords, perhaps I may say a few brief words. I am grateful to all noble Lords who have taken part in this debate, which has been quite illuminating in the main, but perhaps I may comment on two or three specific points.

First, I want to refer to what the noble Baroness, Lady Nicholson, said. I very much respect her important work with Save the Children and other organisations overseas, but I think she is quite wrong on the trafficking argument. Where there are no legal routes to safety, people will allow themselves to be trafficked and will come illegally. Surely, by having legal routes to safety, we are making the position of traffickers much more difficult and making it much easier for people to achieve safety. Therefore, I am sorry but I do not agree with her on that.

Perhaps I may also return to the point that the noble and learned Lord, Lord Mackay, made. I do not have the wording of Section 17 of the 2018 Act in front of me but it has been referred to. It says that the Government should seek to negotiate on a particular basis. We have already talked about Clause 33 of this Bill, which would add something to the 2018 Act. It says:

“A Minister of the Crown may not agree in the Joint Committee to an extension of the implementation period.”


That is telling a Minister of the Crown exactly what he or she may or may not do, which is totally at variance with the argument that we have heard on Clause 37. I do not understand. On the one hand, the Government are saying in their own Bill that Ministers may be told what to do; on the other hand, they are using that as an argument against my amendment.

I am sorry to quote the Minister’s letter again but one paragraph seems to be at variance with other points and I wonder whether the Minister would like to withdraw it. It includes the words,

“so that the traditional division between Government and Parliament be restored”—

that is, by removing Section 17—

“and the negotiations ahead can be carried out with full flexibility and in an appropriate manner across all policy areas.”

That goes a lot wider than what we have been talking about tonight. It seems to me that this is meant to talk about some relationship between government and Parliament, which in any case Clause 33 disproves, and it refers to

“an appropriate manner across all policy areas.”

I am sorry but I cannot interpret that in the way the Minister suggests.

I want briefly to make two or three other comments. I agree that the manifesto talks about a commitment to refugees but it says nothing about child refugees. It says nothing at all that would enable the Government to invoke the Salisbury convention against my wish to remove Clause 37 from the Bill. If the Minister would like to meet me to talk about local authorities, I would be very happy to do so. I know that local authorities are very helpful. I know of Northern Ireland organisations that will want to help now that the Government there has been restored. The debate is going on in the Channel Islands and the Isle of Man, although no decision has been made there yet. It seems to me, however, that there are more local authorities. In addition, Safe Passage, one of the NGOs with which I am working closely, has written to all local authorities and we have got quite a lot of positive answers. This shows that local authorities are willing to take more.

When we debated Section 67 in 2016 and the amendment that I put forward about child refugees with no people here, there was a fierce battle. I was asked time and again to withdraw my amendment. The Home Secretary asked me to withdraw my amendment. It got through, despite the Government’s wishes, and it got through the other House, despite their wishes. Then we had the amendment to the 2018 Act that we are talking about now. Again, there was a big vote fairly late in the evening; the Government did not want it. In opposition, we had to argue for amendments on behalf of refugees and now the Government seem to be taking credit for that. I am sorry, but that is not the way the world has been. I appreciate that the Minister is totally sympathetic to refugees, but that is not how the Government have behaved. They have resisted all these amendments and all we have in opposition is the chance to move amendments in the hope of making our point. That is why we have had these arguments.

I shall not press this issue tonight, but particularly in the light of the discussion, I might wish to return to it on Report.

Clause 37 agreed.

European Union (Withdrawal Agreement) Bill Debate

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Report: 2nd sitting (Hansard) & Report stage & Report: 2nd sitting (Hansard): House of Lords
Tuesday 21st January 2020

(4 years, 3 months ago)

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Moved by
18: Clause 37, leave out Clause 37
Member’s explanatory statement
Omitting Clause 37 would ensure the continuation of the refugee children and family reunification provisions of the European Union (Withdrawal) Act 2018.
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Lord Dubs Portrait Lord Dubs (Lab)
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My Lords, I have had a chance to read again the detailed debate at Committee on this issue. What I have to say is influenced by what I heard then and what I have read. I repeat my gratitude to the Ministers for the time they have given me on these three occasions, once on the phone and twice in meetings, to give me their point of view on the issue. I am also grateful for the support I received from many parts of the House, including from Members on the Conservative side. No names, of course, but I appreciate those words of encouragement.

I refer to the Salisbury convention, which came up last time. The Minister justified the position by quoting from the Conservative manifesto:

“We will continue to grant asylum and support to refugees fleeing persecution”.


I do not believe that that is an argument against this amendment. This amendment is very specific indeed. It is about family reunion, and much too specific to be covered by this blanket provision in the Conservative manifesto. I believe that we have an entirely new issue, which could not have been foreseen when the Conservative manifesto was published or during the election campaign.

May I remind your Lordships of the history behind this amendment. In 2018, I moved an amendment, to a previous Bill, to provide that the existing provisions of the Dublin treaty, of which we are members as an EU country, for family reunion should be carried through in the negotiations for when we leave the EU. We have an arrangement whereby a child in one EU country who has a relative in another can apply to join those relatives.

It is a very simple and basic matter of family reunion. We want to be sure that this will be part of the negotiation and that the provision would be retained even after leaving the EU. Through a large majority in this House, that became part of the Bill, was then endorsed by the Government and became part of the 2018 Act, although there was no vote in the Commons. It is that provision which the Government are seeking to delete in this Bill, and my wish is to retain the 2018 Act as it stood. It is a very simple point: I would have thought that family reunion is one of the basic things that we all have to believe in.

If there are young people who have worked their way half way across the world, sometimes in hazardous conditions, from war and conflict in Syria or Afghanistan, and their incentive is that they have family here, surely it right that we take note of that and not close the door on them. We all know how awful the conditions are for refugees in northern France and on the Greek islands. I have been there a few times, as have other Members of this House. It is shocking that young people, and others of course, are sleeping under tarpaulins near Calais or on the Greek islands in dangerous conditions where the children are liable to be sexually assaulted at night because there is not enough security. All these things are simply dreadful.

It is not surprising that those who have reached northern France seek to come across illegally, in dinghies or often in the back of lorries. The traffickers take full advantage of that. That is why, by giving young people legal routes to safety, we are thwarting the traffickers as well as being humane in giving them an opportunity to join family members here. Unfortunately, the sort of debate that we have had sends a dangerous signal to young people, particularly in Calais and on the Greek islands if they can get away from there, and they will seek to do what we would all do, which is to say, “Well, if we can’t join our relatives legally, we’ll find another way of doing it if we can afford to pay the trafficker.” Surely that is not a resort that we wish to impose on young people. Family reunion is one of the safe legal routes.

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Lord Alton of Liverpool Portrait Lord Alton of Liverpool (CB)
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My Lords, just before the noble Lord concludes his very persuasive remarks, can he put into context for the House the numbers of unaccompanied children we are talking about? In the context of World Refugee Day last year, with 70.8 million displaced people or refugees in the world and a further 37,000 becoming displaced every day, the modesty of what was incorporated by your Lordships’ House and put into law should speak for itself. Will the noble Lord remind the House of the small numbers of the most vulnerable people of all that the amendment deals with?

Lord Dubs Portrait Lord Dubs
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I am grateful to the noble Lord. I am not sure that I have every figure at my fingertips, but let me do my best. Section 67 of the 2016 Act covered children being able to come to Britain without having family here. The Government capped the total at 480. I understand that we are quite well short of that, even today. The Government said the number of 480 was limited by the ability of local authorities to find foster families. That is not the case with children joining their relatives here, where clearly local authorities do not have to find foster places. I think, to date, several hundred children—the Minister may correct the figure—have come under the family reunion provisions in the Dublin treaty. We might be talking about 800. Without having the exact figures, we are probably talking about 1,000 or 1,000-plus in the Greek islands and in northern France. In the context of the international situation, that is very few.

The Minister said that we have taken a certain percentage of the EU total. Yes, we have, but probably only in relation to the size of our country. I do not dispute the figure from the Minister. However, refugees in a wider sense are going to be the most challenging issue to the whole world, and certainly to Europe and ourselves, over many years. But what we are talking about here is a very small number of children, who will be positively affected by this measure. That is why I am pretty keen on it. We had a small demo in Parliament Square yesterday, with a lot of people supporting it. We have had more than 200,000 signatures on a petition supporting the provision. I believe that we are essentially on the side of public opinion. I believe that we are essentially on the side of humanity. I beg to move.

Lord Kerr of Kinlochard Portrait Lord Kerr of Kinlochard (CB)
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My Lords, I supported the noble Lord, Lord Dubs, in Committee and I support him now. I need to declare an interest as a trustee of the Refugee Council. I also need to declare total bafflement; I have absolutely no idea why Clause 37 is in this Bill. I do not understand what the Government are planning to do. I took part in Committee and, after speaking on this, I listened to the Minister at Second Reading and am still none the wiser as to why it is here.

What is on the statute book now in the 2018 Act is a commitment that the Government will seek to negotiate a reciprocal arrangement for these poor children. This clause repeals that requirement and replaces it with a commitment, in almost exactly the same terms, to make a statement to Parliament, which is not a very strong commitment. Why do the Government want to repeal the 2018 Act in this respect? We have heard three possible explanations: first, that it is unnecessary to keep this on the statute book because the Government intend to negotiate on this matter, and the Minister told us that a letter had been written; secondly, that it was always inappropriate to the 2018 Act; thirdly, that it is important not to tie the Government’s hands.

I do not find the first explanation very easy to understand. If the Government are seeking to negotiate and have written a letter designed to open negotiations on this matter, why should they want to repeal the commitment to negotiate? It does not make any obvious sense. On the second argument, regarding inappropriate positioning in the 2018 Act, they say it is much better to put it in the new immigration Bill. But there is no new immigration Bill as yet, and these negotiations are about to start. Also, the Government are not removing from the statute book any reference to this issue; they are replacing it with the language we see in Clause 37. If the 2018 provision was inappropriately placed, the 2020 provision that the Government seek is inappropriately placed. I do not understand that one.

Moreover, it is not a matter appropriate to an immigration Act, because what we have in the 2018 Act and in this Bill is a reciprocal requirement. The idea is that the Government would negotiate to ensure that the 27 would be willing to take poor children in this country who are in this plight and enable them to join their family elsewhere in the 27. The provision for the emigration of small children would be highly inappropriate to an immigration Act or immigration regulations. I believe it follows that the argument about it being inappropriately placed falls.

The third argument is still more difficult and slightly awkward. I am sorry not to see him in his place, but at Second Reading the noble and learned Lord, Lord Keen, said:

“It is vital that the Government are not legally constrained in those discussions.”—[Official Report, 13/1/20; col. 554.]


The noble Baroness, Lady Williams, said that the Government do not wish to see their hands tied. However, nothing in the 2018 Act would tie their hands; they must seek to negotiate. We are not saying that they cannot conclude a deal unless they have successfully negotiated. For myself, I do not think it likely that the negotiation on this point would fail, but we are not saying that if it did, everything would be off. We are simply saying that the Government should have a go. I do not see how that would tie anyone’s hands.

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Tuesday 21st January 2020

(4 years, 3 months ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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That is correct. If the noble Lord has finished his intervention, I ask noble Lords to reconsider their intention to divide the House because I hope that I have provided the clarity necessary.

Lord Dubs Portrait Lord Dubs (Lab)
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My Lords, I am grateful to the Minister for at least having stated, again, the Government’s position, but I still do not understand it. The noble Lord, Lord Kerr, explains why it was difficult to follow. For all the time we spent on it, it is not clear to me or many noble Lords, including on the Government Benches, why the Government are doing what they are doing. Part of the Minister’s speech could have ended up with her saying yes, and that she supported the amendment—part of it led to that conclusion. Somehow, she changed course and said no. She talked about an unnecessary statutory obligation. By that, I believe she means the provision in the 2018 Act—an obligation accepted by the Government in the Commons after we passed it in this House. I do not know why it was okay then but unnecessary today; that has not been explained.

Above all, it seems to me that there is a very clear proposition on family reunion: unaccompanied child refugees should be able to join family members here. All we ask is for the Government to take that and negotiate on that basis with the EU. We cannot predict the outcome; it could not be more modest. All we are saying is, “Please do it”. But the converse, by the Government saying, “We are not going to do it”, sends a very difficult signal. Some people have called the Government mean and nasty. If the Government want to disprove that accusation, surely they should accept this amendment. It is very simple: we do that and then we are in line with what we decided in 2016.

Lord Hamilton of Epsom Portrait Lord Hamilton of Epsom (Con)
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Does the Government’s track record on admitting child refugees completely rule out the idea that they have been mean and nasty?

Lord Dubs Portrait Lord Dubs
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I do not think so, partly because the majority of the 41,000 children that the Minister referred to came to this country by illegal means because there were no legal means for them. We estimate that about 90% of them came on the back of lorries, in dinghies and so on. Surely that is the very thing we wish to discourage, so I am not convinced by that. I welcome what the Government have done for refugees of course, but we are talking about what we will do in the future. I regret that the signal the Government are sending by this is a very negative one. It is not a humanitarian signal and there is no downside for the Government if they accept the amendment; I do not understand what the problem is. Nobody has yet explained why the world will come to an end or something. It seems fairly straightforward: the House decided in 2018 on a simple humanitarian proposition. The Government have tried to find a way of arguing against that. I am sorry, but it has not persuaded me and I hope it has not persuaded the House. I would like to test the opinion of the House.

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Wednesday 22nd January 2020

(4 years, 3 months ago)

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Lord Callanan Portrait The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)
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My Lords, with the leave of the House I will speak also to Motions B to E.

We are at the end of what seems like a very long road. The final stages of this Bill represent something that many of us thought might never happen: Parliament passing the legislation necessary to implement a Brexit deal and finally to deliver on the 2016 referendum. It has been no mean feat, with nearly 40 hours of debate and over 100 amendments in this House in the past fortnight alone. Last night, I was able to give my thanks to officials, colleagues and friends across the House who have helped us to reach this point; let me thank them once again.

Of course, I know that many noble Lords on the Benches opposite are disappointed that the Commons has chosen to disagree with all of the amendments that noble Lords passed this week. However, I would like to reassure them that their expertise and contributions will continue to play a valuable role after Brexit. Following our exit, this House will see more legislation on a range of topics connected with our departure from the European Union, and in some cases it will be the first time in decades that the UK has legislated on some of these matters.

But today, the Motions before this House recommend that it should agree with the position that the elected House has taken this afternoon. As my right honourable friend the Secretary of State said earlier in the other place, the Government welcome and appreciate the rigorous scrutiny provided by this Chamber. He also set out in detail why the Government are unable to accept the amendments from this House. If noble Lords will indulge me, I will take a moment to touch on the amendment moved by the noble Lord, Lord Dubs.

The Government have been clear that we remain committed to seeking an agreement with the EU for the family reunion of unaccompanied asylum-seeking children and we have already written to the European Commission to commence negotiations. Furthermore, we have gone beyond the original amendment tabled by the noble Lord, Lord Dubs, to provide a policy statement to Parliament within two months of the withdrawal agreement Bill’s passage into law. This demonstrates our commitment to report in a timely manner and guarantees Parliament the opportunity to provide more scrutiny. We hope, of course, to have completed those negotiations as soon as possible in order to minimise any disruption to unaccompanied asylum-seeking children. We will also continue to process family reunion cases referred before the end of the implementation period.

I hope that I can also reassure the noble Lord, Lord Dubs, on behalf of my noble friend Lady Williams, that Clause 37 of the Bill does not amend the definition of relatives under the 2018 Act. A relative means

“a spouse or civil partner of the child or any person with whom the child has a durable relationship that is similar to marriage or civil partnership, or … a parent, grandparent, uncle, aunt, brother or sister of the child”.

Finally, as we have already explained, primary legislation is not necessary to deliver our commitment on unaccompanied asylum-seeking children. I hope this reassures the noble Lord that we take his concerns seriously.

As I come to a close, I hope noble Lords will forgive me if I take just a brief moment of self-indulgence, as this may well be my last outing at the Dispatch Box as a DExEU Minister—unless, of course, the noble Baroness, Lady Ludford, has some more plans for PNQs again next week. It has certainly been quite a journey. When I took on this role, I knew it would be a challenge—not least as a leaver in a predominantly remain House. After, by my rough calculations, two government Bills, more than 20 debates, 49 Oral Questions, 10 Statements, four PNQs, 10 Urgent Questions and around 250 hours at this Dispatch Box, I can honestly say that I have enjoyed almost every minute of it. Given the tremendous expertise of this House—with many ex-senior Ministers, ex-MEPs, the author of Article 50 and ex-EU Permanent Representatives, to name but a few—the sheer quality of debate, political sparring and questioning is always second to none. I can only apologise if the quality of the answers is sometimes not to the same high standard. I am honoured to be part of this House, and I thank the Leader in particular for having given me the opportunity to play my part in delivering the result of the 2016 referendum and finally getting Brexit done. That is it—the end. I beg to move.

Lord Dubs Portrait Lord Dubs (Lab)
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My Lords, perhaps I ought to congratulate the Minister on his stamina, as he has described it so well, but also my colleagues on the Front Bench, who have shown similar stamina and persistence. I thank the Minister for the assurances he has given me regarding the amendment I sought to introduce on unaccompanied child refugees. I wonder if I could just nudge him a little further.

None Portrait Noble Lords
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Oh!

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Lord Dubs Portrait Lord Dubs
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It is very gentle. He has given the definition of a relative and that is fine; he has confirmed it. He referred to the Statement that will be made by a Minister in a couple of months, setting out the Government’s further plans on this. I hope that Statement will include the nature of the preparations that the Government will make to ensure that this process works in time for 1 January 2021, by which time we have to have something new in place—just an assurance on what the Government will do to make sure that is all in place.

Finally, a lot of people have written to their Members of Parliament and some of the replies have come my way, not surprisingly. It is interesting. Conservative Central Office ought just to make sure that it is in line with the Minister. For example, one of them talked about exiting the EU and so on and so forth, and said it is important that the legislation comes under the Home Office in the form of the immigration Bill. Another letter says it is sensible and pragmatic to legislatively include it in the immigration Bill. MPs are saying to their constituents that all this ought to be in the immigration Bill. I understood otherwise; I understood that the Government’s view was that it did not have to be in the immigration Bill. I think somebody is not listening to somebody else. I say that very gently, but I thank the Minister for the assurances he has given.

Lord Oates Portrait Lord Oates (LD)
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My Lords, I regret the Government’s decision to reject all the amendments, in particular the amendment that the noble Lord, Lord Dubs, has just spoken to and the amendments that my noble friends moved.

I am sorry that in another place the Minister, when addressing the EU citizens amendment, failed to make any arguments at all. Indeed, so devoid of them was he that he resorted to a whole load of canards and non sequiturs. I could go through them at length, if I thought the Government were in any way moved by arguments on this, but it is clear to me that they are not. Sadly, and without any coherent reason at all, they have rejected an amendment which would have improved the Bill, alleviated the severe anxieties of EU citizens who are currently being refused documentary proof of their right to settled status, and ensured that the Prime Minister and the Home Secretary kept the promises they made to EU citizens during the 2016 referendum campaign.

Our amendment did not seek to interfere with any rights under the settled status scheme, nor did it do anything to thwart or delay Brexit. The proposals were not radical: the provision of documentary evidence of status is exactly the system that exists for non-EU holders of indefinite leave to remain. Our proposal for a declaratory system was simply aimed at preventing the Government and EU citizens becoming embroiled in a bureaucratic quagmire after June 2021.

As a result of the Commons’ failure to heed these modest requests, the conditions have been created for a great injustice to be visited on tens, perhaps even hundreds, of thousands of EU citizens. Millions of EU citizens will continue to face deep anxiety about their status as a result of the inexplicable decision to refuse to provide them with documentary proof. This is not an arcane debating point. This decision will have a real impact on people’s lives. Every member of the Government and every one of its supporters should, frankly, be ashamed that they are party to a casual abandonment of a solemn undertaking made by the Prime Minister and the Home Secretary to EU citizens during the course of the referendum. I am sorry that it has been abandoned so casually.

EU citizens in this country—and UK citizens in the EU, who are concerned about how the UK’s approach at home will impact their position in the EU—can be assured that, despite the set-back today, we will not give up the fight for good sense on this matter to prevail. Although our amendment has not gone through today, we will seek further legislative opportunities to ensure that it does so in future.