European Union (Withdrawal) Bill

Debate between Baroness Hayter of Kentish Town and Viscount Waverley

Committee: 10th sitting (Hansard - continued): House of Lords
Monday 26th March 2018 Lords Chamber

[Baroness Hayter of Kentish Town (Lab)]

My Lords, I think the noble Lord, Lord Jay, was a little modest, because it was he who was chairing the European Union Committee at the time when it produced its excellent analysis of what it would mean for there to be no deal and for us to leave on WTO terms. We would have to rapidly set up customs posts around our market. Indeed, as he said, it would also mean no protection or continuation of residence, work or health rights for UK citizens living in the EU or, indeed, for EU citizens resident here. In the latter case, of course, we could pass domestic legislation to safeguard their position but we could not do the same to help UK nationals abroad because no deal would also mean no transition period.

I am sure that for business, as the noble Baroness, Lady Wheatcroft, has just spelled out, that would be a catastrophic outcome. It would mean that in addition to what it would mean for their order books—a rush to set up customs, VAT and all the other stuff that goes with that—I maintain that it would entail a jolt to our economy that would make 2008 look like a kiddies’ party. So a decision to depart from the EU in those circumstances is one to be taken by Parliament, not by the Prime Minister nor even by her Cabinet. The amendment is aimed to ensure that any such decision—coming out without a deal—would be made by Parliament, and bring the no deal scenario within the ambit of the amended Clause 9(1).

We accept that the Government are working very hard to ensure that we do not depart without a deal, and I trust that in those circumstances, they will accept the amendment.

[Viscount Waverley (CB)]

Does the noble Baroness share a concern regarding UK citizens on the continent? She mentions transition. Does she recognise that there may be a problem for Parliament? The Dutch Government have appealed against a ruling by a Dutch court on 7 February to refer a case regarding a UK citizen to the ECJ. The ECJ agreed to take the case, the Dutch Government then appealed and the ECJ is waiting for confirmation whether it will be put back to them. The problem is that if the ECJ takes its fast-track route on adjudication, it will be a four-month process; if it takes the normal time for the ECJ to consider the issue, it will be 15 months, which potentially plays havoc with the issue of UK and EU citizens and their acquired rights within the European Union. Does she recognise that problem?

[Baroness Hayter of Kentish Town]

My Lords, I absolutely recognise that. There are a number of issues which we hope will be part of the agreement. In business, there are what are called goods already on the market, which I believe the transition agreement will cover. There is the arrest warrant. A number of countries forbid any of their nationals being extradited to a non-EU member state, so we could find that if someone who commits murder here hops off to a member state, unless we have this all agreed in the transition deal, they would be free. I understand that the negotiations will say that where a case has started on its track towards the ECJ, let it finish.

There is a raft of things where, if we come out with a bump in the night, and wake up on 30 March with no deal, it will not just be a fall from the bed, it will be a substantial disadvantage. That is why I am confident that we will have a deal, but therefore I am confident that the Minister will accept the amendment.