European Union (Withdrawal Agreement) Bill

Baroness Hamwee Excerpts

Committee: 3rd sitting (Hansard) & Committee stage & Committee: 3rd sitting (Hansard): House of Lords
Thursday 16th January 2020 Lords Chamber

Moved by

[Baroness Hamwee]

37: After Clause 37, insert the following new Clause—
“UK citizens resident in the EU, EEA or Switzerland: protection of rights
(1) The Secretary of State must make arrangements to preserve, as far as is possible, the United Kingdom’s obligations under EU law to British citizens who are resident in any EEA country, or in Switzerland, on the day before IP completion day.(2) The arrangements in subsection (1) must include—(a) arrangements for people in receipt of a United Kingdom state retirement pension to continue receiving that pension under the same uprating and other arrangements as apply on the day on which this Act is passed, for the rest of their lifetimes as long as they remain resident in any EEA country, or in Switzerland,(b) arrangements for British citizens to continue receiving the same level of publicly provided healthcare as they do currently as EU citizens.(3) The duty in subsection (1) applies whether or not the United Kingdom reaches any relevant reciprocal arrangements with other EEA member states, or with Switzerland.”Member’s explanatory statement
This new Clause requires the Government to take steps to preserve the rights of UK citizens living in the EU, EEA or Switzerland, including continuing to uprate UK state pensions and paying for publicly provided healthcare.

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[Baroness Hamwee (LD)]

My Lords, this amendment is in my name and that of my noble friend Lady Miller of Chilthorne Domer. I do not know whether she shares my feeling when I see noble Lords leaving the Chamber that we have a challenge in making this riveting. But it is a matter that was referred to by a number of noble Lords on the first day in Committee on the Bill. They rightly drew attention to the UK’s responsibilities to British citizens who are now living and working in the EU. This amendment seeks to protect their rights to preserve after the implementation period the rights which they enjoyed immediately before the implementation period completion date.

The UK has responsibilities, and there are things that the Government can do. Not everything has to be reciprocal. There are about 1 million UK nationals in the EU, and it is for them that this amendment is proposed. Reciprocity is of course desirable, but it is not clear to me why technically it is essential over all policy areas, because it seems that there are choices for the UK.

I am a member of the European Union Justice Sub-Committee of the EU Committee of your Lordships’ House. In October, following an evidence session on this subject, the chair wrote to the Government telling them that the sub-committee had been informed that they could do more in a number of areas, with various assurances, including that the UK should continue to fund healthcare for those to whom it is liable at Brexit until new agreements are made, and should commit to uprate the pensions of UK nationals living in the EU for as long as they continue to live there. I shall quote extensively from the letter, because it says everything, very clearly, that I want to say:

“The situation means that many UK citizens have lived in a state of anxiety and uncertainty for some time. Many moved to the EU decades ago with a reasonable expectation that the rights to which they were then entitled would not be removed without due notice and consultation.”


The committee had heard evidence that

“the consequences of some of the actions of the UK Government may be actively counter-productive. For example, a failure to uprate pensions after 2023”—

the Government have committed to uprating them for three years—

“could result in UK nationals … being forced to return to the UK”—

and this is not what they would want to do—at expense, including expense to the UK Government, who would be,

“required to meet the costs of their future healthcare, any welfare benefits,”

and so on.

“Many pensioners may wish to return to the UK but may realise insufficient funds and be forced to seek public sector housing.”


So the questions arising from this are: what assessment have the Government made of the potential costs to the UK taxpayer of such returns, and what analysis have they conducted of the likelihood of this outcome, and of course the potential number of people involved?

The committee was concerned about the impact on individuals and UK businesses, particularly those that have offices in the EU. The committee heard how social security rights, for example, are currently protected when workers move through the EU, but that after Brexit they will no longer be able to aggregate contributions and build up entitlements to pensions if they move between EU countries for work. So, again, there are questions about the work that the Government have done to assess the problem and seek solutions.

The point goes wider than the UK state pension and healthcare, but those are the points on which we have particularly asked for assurances. There are about 180,000 British-born pensioners living in the EU. They, like us, will have worked, or will work, paying contributions and taxes in the UK. When they left the UK, the right to pension increases for life was guaranteed. I suspect that we have all been made aware through direct representations over the years of the position of pensioners in, for instance, Australia and South Africa, whose pensions have not been uprated. Are we prepared to put many more people in the same position?

As for healthcare, I do not think that I need to stress the importance for both working and retired people. As I have said, there is a danger of the Government’s actions, or inactions, being counterproductive. These are urgent matters. The individuals need to take decisions, but they should not have to. When they moved, they believed—and, no doubt, relied on the fact—that there would be no change to their situations as a result of their move.

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Finally, it is worth repeating a point that has been made several times in Committee. It is vital that we restore the traditional division between government and Parliament to ensure that the negotiations ahead can be carried out with flexibility. With that in mind, I ask the noble Baroness, Lady Hamwee, to withdraw her amendment.

[Baroness Hamwee]

My Lords, I knew that once we got going on this subject it would reel in Members from the across the Committee, and I am grateful for their observations and contributions, as well as to the Minister, of course. He started his response by referring to confidence in the system being essential and finished it by referring to the need for flexibility. I am not sure that those two notions can live together very comfortably.

On the issue of uprating for life, the Minister said that that is being protected where it is unilaterally possible to do so while the person remains in an EU state. That raised the question that the noble Lord, Lord McNicol, intervened on, which is: what if the individual moves? At the moment the protection would be in place. He also used the phrase “in scope” but I am not sure what that means in this context. But perhaps most importantly, he talked about the protections broadly remaining the same, which is the terminology used on the government website, which refers to, “broadly the same entitlements”. What is also apparent when one looks at the website more closely, and certainly as I understand the position, is that the withdrawal agreement protections are dependent on there being a deal. I end by echoing my noble friend’s plea made for the Government to make detailed information much more widely available and comprehensible. These are technical issues and I accept that finding the right language is a problem, but if there was no problem, we would not have been receiving representations about the issue. If all that comes out of today is better communications, that will actually be a good deal of progress. Leaving the Minister with that plea—it is more than a request—I beg leave to withdraw the amendment.

Amendment 37 withdrawn.