Brexit: European Union-derived Rights

Debate between Baroness Lister of Burtersett and Lord Pannick

Tuesday 4th April 2017 Lords Chamber

[Lord Pannick (CB)]

My Lords, it is a pleasure to attend the latest meeting of the House of Lords Brexit club. The agenda bears a striking resemblance to our last meeting on 13 March, but there is a reason for that—the issues on the agenda were not satisfactorily resolved when we last met.

I want briefly to comment on the second Motion. We all agree, I think, that at some stage in the next two years the Government are going to reach a deal with our EU partners, or they will decide that we will leave the EU with no agreement. The Prime Minister, we all agree, has promised that an agreement would be put to a vote in both Houses. The Prime Minister has made no promise—there is no undertaking if there is no agreement—but noble Lords from the government side and from all around the House told this House that it was inevitable in practice that a decision to leave the EU with no agreement would be put to a vote in Parliament.

A number of difficult questions were posed by noble Lords as to the procedures that will be adopted when we come to the crunch point and when Parliament is asked to vote. I certainly was unable to answer those difficult questions and, more importantly, the Minister, with all his expertise, experience, wisdom and foresight, was unable to answer those difficult questions. Surely on a matter of such significance to the future of the United Kingdom we would all benefit from some mature consideration—before we come to the beginning of the end game—by a Joint Committee which can assist this House and the other place, the Government, the Opposition and all Back-Benchers.

[Baroness Lister of Burtersett (Lab)]

My Lords, being a member of the Brexit club, I support both the Motions but will speak to just the first one.

The Prime Minister’s welcome assurance to President Tusk, that,

“We should always put our citizens first”,


will, I hope, as she stated, act as a guiding principle in the negotiations and the legislative programme stemming from the repeal Bill. I hope, too, that this principle will embrace the rights that our citizens enjoy—broader human, equality and environmental rights as well as employment rights to which the Government have committed to safeguarding.

As we have already heard, the first Motion concerns the rights of our fellow EU citizens who have made the UK their home, and also has implications for UK citizens living elsewhere in the EU. We know from the many emails we have received how insecure they now feel and also how insecure many of their loved ones who are British citizens feel. We have heard from my noble friend Lady Hayter and the noble Lord, Lord Cormack, what it means to have that sense of insecurity.