Borders, Citizenship and Immigration Bill [HL]

Our amendment concerns the discretion mentioned in the Bill. It probes the Government’s intention as to the circumstances in which the Secretary of State would exercise his discretion and treat the person’s relationship as subsisting. In addition, we wish to provide for the power to make regulations to lay down criteria as to when a person’s relationship shall be treated as subsisting. Clear-cut cases are not subject to arbitrary discretion; however, it may be helpful if the Secretary of State retained some discretion to enable him to step in to help in exceptional cases. Our concern in tabling these amendments is to protect the welfare of children and spouses where there is violence, neglect or abuse. The Committee may recall that we had a substantial debate on domestic violence the week before last. The House recognised at that time that domestic violence was widespread and we are concerned to cover in the Bill the unfortunate circumstances of people who might be caught up in that cycle of violence. It is, therefore, important that the adult from abroad without settled status is in a position to leave the other settled or British partner and, if appropriate, have responsibility for caring for the children, whatever their status. This means that the adult without settled status must not be treated as a person subject to immigration control and should, therefore, be able to access social security and tax credits. I realise that we will go into more detail on the status and rights of children when we get to Clause 51, but would the Minister like to comment in particular on the implementation of the UN Convention on the Rights of the Child? The Children’s Rights Alliance for England published a useful critique, which the Minister may have had a chance to look at, making a number of points about immigration and children. The circumstances of this amendment are pretty tight in that it would not, I hope, apply to many individuals, but it would mean that the Secretary of State had the discretion that we mentioned. I beg to move.