UK Parliament / Open data

European Union (Withdrawal) Bill

I will deal with that important point in a moment if I may, because I want to do justice to the amendment tabled by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper).

In addition to providing protection through those schemes, we have taken a leading role in international efforts to address the root causes of the global crisis with our £2.46 billion of humanitarian aid in response to the Syrian conflict. We have also pledged £30 million to the Education Cannot Wait fund, to deliver better education to more than 4.5 million children in crisis regions. Leaving the EU will not change our international obligations under the UN convention on refugees and the European convention on human rights. We are absolutely clear that our co-operation with our EU partners on the important issue of asylum will be critical in order to ensure that those in need of international protection are able to access it effectively.

Before I address the substance of the amendment, I must remind hon. Members that we are dealing with the arrangements for negotiating a reciprocal agreement, so nothing in the Bill will directly confer leave to enter or remain in the UK. It is the basis on which we will enter negotiations with the EU, and nothing can be achieved unless and until we reach an agreement. It is the terms of the agreement itself, and if necessary its implementing legislation here, that will dictate who shall enter the UK and on what terms.

I want to place it clearly on record that this Government will seek a new reciprocal agreement with the EU to allow unaccompanied asylum-seeking children present in an EU member state to join close family members here in the UK, and vice versa, where it is in their best interests to do so. Any such agreement will be to allow an unaccompanied asylum-seeking child to reside with family members while their claim is being considered. That will not automatically confer long-term status here, or mean that that person will be granted refugee status. As with all claims, the UK will examine those claims in line with our international obligations and domestic rules and legislation—the due process that is such an important element of this.

Turning to Lords amendment 24, I know that Lord Dubs tabled this amendment with the very best of intentions, and I share the tributes that have been paid to him. However, we wish to ensure that the clause is phrased in such a way as to best enable the Government to deliver the intended outcome. We have a number of issues with the current drafting of the amendment, which is why we have proposed alternative wording.

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First, as a consequence of leaving the EU, it is likely that we will no longer be a participating state in the Dublin III regulation. Indeed, the EU is currently finalising the negotiations on what will probably be the fourth iteration of the Dublin scheme. The clause as currently drafted would tie the UK into negotiating to maintain access to part of, but not all of, the current regulation, which would create uncertainty as to what would happen when the EU moved on to the fourth iteration. We remain absolutely committed to providing a safe, legal route for unaccompanied asylum-seeking children to join close family members in the UK, but, with the greatest respect, setting up a negotiation that ties the UK to a specific outcome—specifically, one part of a regulation that is likely to be replaced soon—is not the way to do that. What we envisage with this amendment, and what we have committed to on numerous occasions, is to seek to establish a new, bespoke arrangement that safeguards our commitment to these children, while being distinct from what is after all an internal EU process.

Secondly, even if the Dublin regulation was not undergoing significant renegotiation, there is no capability within Dublin’s article 8 mechanism—which covers family connections—for it to be applied in isolation to a third country, as will be the UK’s status when we leave the EU. While the EFTA states do participate in the regulation, they do so in its entirety, rather than in the partial manner envisaged by the noble Lord’s amendment. When we leave the EU, it will be more sensible and far more effective to have a new relationship that deals specifically with these issues. It is no good trying to shoehorn us into the existing system.

Finally, the amendment as drafted implies that the UK Government must take further actions in addition to negotiation with EU, but it does not specify what these actions are. This House has a responsibility to pass legislation that is clear and unambiguous. We need to avoid costly litigation wherever possible and provide maximum legal certainty. I go on about legal certainty a lot, Mr Speaker, but as a Law Officer, I believe that it is very much at the heart of our constitutional obligations, and I make no apology for that.

For these reasons, the Government have tabled their amendment in lieu. We have listened to concerns in the other place, and we do not disagree with the substance of Lord Dubs’s amendment. Indeed, we have provided assurances in this House and in the other place that it will our priority in the negotiations to safeguard the rights of unaccompanied asylum-seeking children, and I am pleased to confirm that we will accept amendment (ii) to Lords amendment 24, tabled by the right hon. Member for Normanton, Pontefract and Castleford, the Chair of the Home Affairs Committee.

About this proceeding contribution

Reference

642 cc938-9 

Session

2017-19

Chamber / Committee

House of Commons chamber
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