My Lords, in opening what many of us believe to be the most important debate in any of our lifetimes, the Lord Privy Seal the noble Baroness, Lady Evans of Bowes Park, spoke of this Bill as ensuring that,
“we have a functioning statute book on the day we leave. It is about providing certainty and continuity for people and businesses. It is about ensuring that people’s rights are upheld and legal protections are maintained”.
She went on to say that,
“as far as practical, the same laws will apply the day after exit as the day before”.—[Official Report, 30/1/18; col. 1373.]
I want to talk about a group of people living in our country—namely, children—and about people not yet born. If the comments of the noble Baroness, Lady Evans of Bowes Park, are to mean anything, we must ensure that laws are also in place to protect the rights of the child the day after exit—children’s rights. Much of the hype about what withdrawing from the European Union will mean for the United Kingdom is about taking back control of our future. A critical part of our future depends on our children, who will have to live with the consequences of our actions.
While a large number of us in this place are not supporters of withdrawing from the European Union—if, indeed, we do take that final step—we must, and would surely want to, protect and enhance the rights of every single child. Currently, three mechanisms operate together to ensure that children’s rights are protected: the UN Convention on the Rights of the Child, the European Charter of Fundamental Rights and the European Convention on Human Rights.
Domestically, as far as I understand it, no explicit commitment to children’s rights exists at government level. While the Human Rights Act 1998 offers some protection for our children’s political and civil rights, its provisions do not reflect the full scope of the UN Convention on the Rights of the Child. It was so important that the noble Baronesses, Lady Massey and Lady Lister, and the noble Lord, Lord Russell, talked about the rights of the child in yesterday’s debate. The right reverend Prelate the Bishop of Leeds spoke of the Brexit debate being clothed in purely economic terms, as set out on the now infamous battle bus with its livery of £350 million. We have also heard
much before and after the referendum about the need to protect borders, trade and British values. But, as a country, the UK must also protect children and their rights.
Young people very much regard themselves as European. As a matter of fact, 71% of 18 to 24 year- olds voted to stay in the EU. That is perhaps why the Government were reluctant to give the right to vote to 16 to 17 year-olds. Under the Erasmus programme, thousands of EU students annually go to study in another European country for up to a year funded by the EU. In 2015, for example, 30,000 young people came to study in Britain and 40,000 Britons travelled to learn in other European countries. Although we are in the programme until 2020, what happens after that date is anybody’s guess.
Of course, young people in Northern Island will be able to study, work and play in Europe unrestricted after Brexit by virtue of the Good Friday peace agreement, which allows them all to have dual nationality. Do noble Lords remember the high drama over the frictionless Irish border issue, with the Prime Minister flying to Brussels early in the morning, having secured a fudge—sorry, agreement—from the DUP, the same DUP which wants Northern Ireland to be treated in exactly the same way as the rest of the UK? How does that work, when Northern Irish residents will be able to travel to the rest of Europe unhindered, while citizens in England, Scotland and Wales will not be afforded the same rights? Perhaps the Minister, who avoided the question asked by my noble friend Lady Walmsley the other day, might answer that directly at the end of this debate.
I end where I started. I very much hope that the Minister will agree with the noble Baroness, Lady Massey, who said in yesterday’s debate:
“We should expect from Ministers a commitment to have due regard to the UN Convention on the Rights of the Child, and this should be incorporated in law”—[Official Report, 30/1/18; col. 1438.]
that is, UK law.
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