My Lords, I think my credentials in legislation for children are fairly long and fairly clear—or at least I hope so. Before we start to think about children in principle, it is vital to think about the provision that we seek to replace. The Clause in the 2018 Bill gives children no rights whatever. It does nothing more than require the Government to enter into negotiations with regard to those children. That is all, which is very important.
However, the question is: is Parliament entitled to tell the Executive what they must negotiate for? That is the language of the part of the letter to which the noble Lord, Lord Dubs, referred. In other words, it is said that, as a matter of principle—I will elaborate on that principle in a minute—it is not right that the Government’s hands should be restricted by Parliament before the negotiations. It is the Executive’s responsibility to do the negotiation; it is for Parliament to call the Executive to account on how they have done it.
I shall refer to this only briefly, but your Lordships will remember that in the decision of the Supreme Court in relation to Prorogation, it pointed out that the important thing was the accountability of the Executive to Parliament. That makes an important distinction between the Executive and Parliament, because the Executive have the executive function, and then Parliament has the right to call them to account for the way in which they have carried it out.
The provision in question—Clause 17 in the 2018 Bill—is precisely that. It is an instruction to the Executive to open negotiations in a certain way. I understand from what we have heard already that the Executive have entered into such negotiations. However, the point made in the letter is a general one, of the kind I have just mentioned.
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In the light of what the speaker before me has said, it has to be remembered that the existing rules are Dublin III. This gives rights to these children who are in the EU to come here under the conditions of protection it requires. There is no provision in this Bill to alter that, so the existing provisions remain as they are in relation to Dublin III.
What Parliament is asked to do now in the withdrawal Bill is to substitute that incorrect interference, as it was seen, with the freedom of the Executive to negotiate and to make a statement on the Executive’s position with regard to these children. The Executive’s position has been stated to be—it is accepted that this is correct —that the Government’s attitude to this is the same. In other words, they would wish something like the Dublin III provision to continue into the withdrawal agreement and the political declaration as given effect to in the ultimate agreement.
I had intended to attend a meeting yesterday but when I arrived at Room 20 I found that there was no one there but myself. Before I reached the room where the meeting was—Room 10A—I discovered that the meeting was almost over. Therefore, I have not had any discussion with the Government about this whatever. The letter I received, in which there is the passage to which the noble Lord, Lord Dubs, referred, is concerned with the principle that the Government are responsible for the negotiations, so they have to state their objectives and include—this is important—the children here in this position whose families are in the EU. Those children are not dealt with in the amendment of the noble Lord, Lord Dubs; in fact, it is no longer an amendment because it became part of the 2018 Bill. Therefore it is right—it is not a bargaining factor; it is a balance—that children in the EU in this position with family in the UK should come here and have a right to do so; and that children here whose families are in the EU should also have a right in the same way. That is a proper balance to achieve, and is what the statement is supposed to deal with in the Bill before your Lordships.
It is mistaken to think that this provision damages the underlying view that the noble Lord, Lord Dubs, had and which I supported. Your Lordships cannot believe that I do not believe that what he wants to achieve is right—I am sure that it is right—and I am equally sure that it should apply the other way around. I ought to be just as much concerned for the children here who are in this position and whose families are in the EU as the other way around. They are all children; they are all in much the same difficult position; and we should do everything possible to make the necessary arrangements for them to be reunited with their families. That is precisely the Government’s intention as shown in Clause 37.