Retained EU Law (Revocation and Reform) Bill

Debate between Baroness Henig and Baroness Ludford

Committee stage
Monday 6th March 2023 Lords Chamber

[The Deputy Chairman of Committees (Baroness Henig) (Lab)]

The Question is that Clause 10 stand part of the Bill.

[Baroness Ludford (LD)]

I believe I have a right to reply; I have been corrected so many times today that I do not know what my rights are nowadays.

The Minister seems to believe that robust parliamentary scrutiny is enshrined in a sifting, negative procedure power. I do not agree, I am afraid. Parliament is being sidelined in this Bill. Indeed, I wonder when this radical, revolutionary, un-Conservative Government will seek to abolish Parliament.

On the assertion that the UK Parliament had no real say in EU law, that is the nature of the organisation. Law is made at the level at which it is considered, obviously. However—I made this point at Second Reading—some Parliaments in the EU, notably the Danish one, kept their Ministers on a tight leash. Ministers went to the Council of Ministers from the UK Parliament; if they did not represent the views of the UK Parliament, we have to look at them and their record. The UK Parliament could have done the kind of scrutiny and accountability exercises that the Danish Parliament notably did; if it did not do so, that is the fault not of the EU but of the UK Parliament.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Debate between Baroness Henig and Baroness Ludford

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 14th September 2020 Lords Chamber

[The Deputy Chairman of Committees (Baroness Henig) (Lab)]

I have received a request to speak after the Minister from the noble Baroness, Lady Ludford.

[Baroness Ludford (LD)]

My Lords, I will have to read what the Minister has said when I pore over Hansard, but I do not think that I am reassured in relation to the grace period SI. This SI refers to how the provisions of the EEA regulations 2016 continue to have effect despite the revocation of those regulations by this Bill—but it is the EEA regulations, unlike Appendix EU for the settlement scheme, which require CSI.

In accordance with the promise made by the then Home Secretary Theresa May in 2017, CSI would not be required as part of a settlement scheme application, but the grace period SI, by referring to the EEA regulations, as opposed to the rules under Appendix EU, that is EU settlement scheme rules, appears to be reintroducing the requirement for CSI. This is complicated and perhaps I have not properly understood it, and I will have to pore over what the Minister says.

Representatives of the 3 million were told by an official at the end of last week that there appeared to be a mistake, although this is only hearsay—perhaps this official did not understand any more than I did—but immigration lawyers who are trying to advise EU citizens on this think there is a problem. Referring to the EEA regulations incorporates a requirement for CSI—that is to say private health insurance—which has not been required during the settlement scheme application to date, but suddenly, in the grace period, it will be. Citizenship will also be required, but there is a discretion for that. Unlike for citizenship, there does not even appear to be a discretion to exempt it for settled status.

Clearly, the Minister, who is shaking her head at me, thinks I have continued to misunderstand this, but I remain less than reassured, and I hope I will manage to get it clearer in my own head. Perhaps more importantly, people whose profession it is to understand the EEA regulations and the settlement scheme, as opposed to a mere legislator, might be reassured by the Minister’s words, and I will defer to her.