European Union (Withdrawal) Bill — House of Lords, 2018-06-18
Topic: Immigration
Ian Duncan (Conservative, Centre-right): My Lords, the strength of feeling on this important issue has been evident each time your Lordships have discussed it. It is important that I begin by paying tribute once again to the noble Lord, Lord Dubs, for bringing forward this important opportunity for us to speak on these key issues. I should also again thank UNICEF UK, the British Red Cross and others who have helped contribute to the evolution of this amendment. I must be clear at the outset that we are here discussing asylum seekers and not refugees. Throughout the process the Government have been eager to ensure that the clause was phrased in such a way as to enable us to deliver the intended outcome. For that reason the Government have brought forward an amendment in lieu of that of the noble Lord, clearly stating that it will be a priority for the UK, in negotiations with the EU, to safeguard the rights of unaccompanied asylum-seeking children. However, it is important that we are clear that the amendment today is a framework for those negotiations The Government have listened to concerns raised in the other place. Following commitments given by my right honourable and learned friend the Solicitor-General, the Government have tabled a further amendment stating that we will seek to negotiate an agreement under which unaccompanied asylum-seeking children in the EU will be able to join parents, grandparents, siblings, spouses, aunts and uncles lawfully resident in the UK, and vice versa. Further, we will not seek to put an age limit on the sponsors of reunification under this agreement This clause establishes a clear grounding for the negotiations yet to come. I must remind your Lordships, however, that it will be the final agreement, and if necessary its implementing legislation, that will lay the legal basis for unaccompanied asylum-seeking children to be transferred here. Nothing in the Bill will confer leave to enter or remain in the UK. It is the basis upon which we will enter negotiations with the EU and nothing can be achieved unless and until we reach such an agreement Finally, I reiterate the comments made by my right honourable and learned friend the Solicitor-General in the other place. We will approach the negotiations on the basis that, as is currently the requirement under the Dublin regulation, extended family members—by which I mean grandparents, aunts and uncles—will need to be able to demonstrate that they have adequate resources and are able to care effectively for the child in order for a transfer to take place. The overriding objective must be that any transfer is in a child’s best interest, and the requirement to demonstrate adequate resource is a fundamental part of this. Similarly, where the unaccompanied child is seeking to join a relative in the UK who is also a child, there must be adequate reception conditions in place before that transfer can take place. We will therefore seek an agreement which reflects that not only must a transfer be in the child’s best interest but there must also be an identified, funded place in the care system for them in the country to which they are to be transferred. This is an important safeguard. Just as we should not bring children to the UK if they have nowhere to stay and receive care, we also must not transfer children to EU countries unless and until we are satisfied that their care needs will be met there. Any agreement must reflect that I hope that this House will recognise the commitment the Government have shown in bringing forward further amendments to provide greater reassurance to vulnerable individuals. I therefore ask the House to accept these amendments as sent to us from the other place. I beg to move.