Question to the Home Office:

To ask His Majesty's Government, further to the Written Answer by Lord Hanson of Flint on 28 July (HL2268), what is the anticipated timeline for the publication of a standalone bill-level Child’s Rights Impact Assessment analysing the impact of measures in the draft Immigration and Asylum Bill against the UN Convention on Rights of a Child.

Section 55 of the Borders, Citizenship and Immigration Act 2009 places a legal duty on the Secretary of State to make arrangements for ensuring immigration, asylum, nationality and general customs functions are carried out with regard to the need to safeguard and promote the welfare of children in the UK.

This legal duty requires us to develop policy in respect of children through the lens of safeguarding and welfare, as well as the best interests of children as a primary (although not the only) consideration, as set out in our statutory guidance.

Accordingly, throughout our policy development, careful consideration has been and will continue to be given as to how children will be impacted by the measures within the Immigration and Asylum Bill, in line with Section 55.

A Home Office Children’s Impact Assessment is underway and will continue to be a living document, noting that Section 55 is a continuous and active duty. Section 55 is a bespoke statutory duty for the Home Office, and it is not an equivalent to assessments conducted by other government departments. Home Office Ministers have committed to complete Children’s Impact Assessments in accordance with Section 55 but have made no such commitments to complete Children’s Rights Impact Assessments.

There is no legal requirement to publish a Children’s Impact Assessment and to commit to do so would be premature noting that this is an ongoing assessment.