European Union (Withdrawal) Bill

Baroness Prosser Excerpts

Committee: 5th sitting (Hansard): House of Lords
Wednesday 7th March 2018 Lords Chamber

[Lord Wallace of Tankerness]

It is not only appropriate as a further role but one we have already agreed to. As the noble Lord, Lord Cormack, said, on many occasions noble Lords from all sides of the House have spoken about securing the rights of EU citizens in the United Kingdom and UK citizens in the European Union. This amendment fleshes that out and it would be wrong to pass a Bill which denied something we have already agreed.

[Baroness Prosser (Lab)]

My Lords, I support my noble friend Lord Foulkes and I will speak to Amendment 54, which stands in my name. I will not detain noble Lords for long because much of what I intended to say has already been said and covered. Agreement on the wording of this amendment has been expressed by various Benches in this House, so this is not simply a one-sided argument. It seems to me that this country’s reputation globally will simply go down the Suwannee if we are prepared, at one moment, to say that we agree to certain protections for people who have become embroiled in this dreadful situation in which we find ourselves and then, a moment later, decide that, no, we do not agree with that and will not give those protections. What will people think of us as a nation if that is how the leadership of this country behaves?

My amendment would extend the requirement for certain persons to be able to refer their legal matters back to the European Court of Justice to a period of eight years. I trust that noble Lords will understand the need for such an extension. There is a statute of limitations existing for six years; if we do not include a period of coverage, people whose claims may well start quite late after the leaving date may well find themselves without that coverage, which I hope will be agreed.

[Lord Wigley (PC)]

My Lords, I have put my name to Amendment 52, which was spoken to by the noble Lord, Lord Foulkes, and I support his comments and those made by the noble and learned Lord, Lord Wallace, and the noble Lord, Lord Cormack, a moment ago. I wish to place the amendment within its context, which is EU citizenship—the citizenship of people resident in the United Kingdom, and on the European mainland. These comments are particularly relevant in the context of the interventions of the noble Lords, Lord Forsyth and Lord Liddle, a moment ago.

I am a European; that is my identity. I am Welsh; that is my nationality and, as noted on my European passport, I am a citizen of the United Kingdom. I have rights and obligations under each of these three headings. Some of those rights are protected by international law, some by European law, some by UK law and some by Welsh law. Taking established rights away from a citizen is a very serious matter. Citizens are protected in generality against any negative impact upon them that may arise from taking some of these rights away from them.

There is clearly a wide range of such rights but I shall refer to only one. Page 32 of my passport states that if you need consular assistance when you are outside the EU in a country where there is no British embassy or consulate, you can get help from the embassy or consulate of another member state of the EU. That is a right that I have today but which I may lose as a result of the UK leaving the EU. In other words, Brexit may be taking away from me a right that I currently have by virtue of being a European citizen. This is one of many rights that we have as citizens living within the EU. For those rights to be meaningful, there clearly has to be a process of redress whereby a citizen can seek to protect his or her rights through the courts, and in this context Amendment 52 is highly relevant as it would allow citizens to pursue their rights in the European courts after exit day, where that is relevant.