European Union (Withdrawal) Bill

Lord Dubs Excerpts

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

Moved by

[Lord Dubs]

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 (Lab)]

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

[Lord Dubs]

208A: After Clause 9, in subsection (2), leave out “before making an application for asylum”

[Lord Dubs]

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 (Lab)]

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.

--- Later in debate ---

[Lord Dubs]

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.