Freedom of Establishment and Free Movement of Services (EU Exit) Regulations 2019

Debate between Lord Anderson of Ipswich and Lord Duncan of Springbank

Wednesday 23rd October 2019 Lords Chamber

[Lord Duncan of Springbank]

I disagree with the noble Lord for one simple reason. This is the moment when we face the question of whether we shall exit the EU with or without a deal. The purpose behind my offer is to reassure those individuals who fear that they will be in some way undermined in their rights in this country. They need to be reassured and I would much rather do that today. I am not sure I can sign all the letters in one go but, over the next few days, I will be keen to write to all those individuals affected. In so doing so, I hope to reassure them that this instrument does not do what they are fearful of. That is the most important aspect: this does not do what they fear it does. It is critical that it is taken from this debate, however it resolves itself, that there will be no impact on the 2.3 million EU citizens residing here; they will be in no way affected. They will be able to do their business, be it in self-employment, the operation and delivery of services or any other aspect. That must be taken from the debate today, irrespective of how we get to that conclusion.

I hope that in so doing I can not only give confidence to the noble Lord, Lord Stevenson of Balmacara, but, more importantly, give the individuals who have approached him and a number of other noble Lords the confidence that they need right now. On that basis, I beg to move.

[Lord Anderson of Ipswich]

The Minister has addressed a good number of questions but I raised one relating to the legal basis for these regulations, which is said to be a power to prevent, remedy or mitigate deficiencies in retained EU law. Deficiencies are precisely defined in the 2018 Act, but I have not heard from the Minister what provision of Section 8(2) or 8(3) these regulations purport to be made under, and I do not understand at the moment what the deficiency is said to be. There is some reference in the Explanatory Memorandum to the WTO but, as I understood what the Minister said earlier, the Government take no position on whether there is an incompatibility with the WTO.

[Lord Duncan of Springbank]

I am very grateful to the noble Lord, who has given me the opportunity to find the other pieces of paper that I did not get to in answering his question.

With regard to which provision, it is a deficiency specifically envisaged by Section 8(1)(e) of the European Union (Withdrawal) Act 2018, which covers the reciprocal arrangements that no longer exist on EU exit. That is the specific element that I think the noble Lord is looking for. In extension to that, on why this has a limited impact—on which a number of noble Lords have taken the view that I am wrong and that it has a much bigger impact—I hope we can correct that today, irrespective of how we do it. The important thing is that the practical impact of these regulations is limited because UK legislation is currently compliant. That is the important part. However, should a future Government wish to amend the ability of EU nationals to provide services, that would be debated in this House and in the other place in the normal manner. This suite of statutory instruments is designed to address future Governments making future legislation by the established mechanisms in this place and the other place—not, as I hope we can take from this, the impact on the 3.2 million EU nationals who reside in the UK.

Northern Ireland (Executive Formation) Bill

Debate between Lord Anderson of Ipswich and Lord Duncan of Springbank

Report stage (Hansard): House of Lords
Wednesday 17th July 2019 Lords Chamber

[Lord Duncan of Springbank]

The aspect of a no-deal Brexit that has been discussed here is an important one and has been discussed on a number of occasions in your Lordships’ House and in the other place. It is important to Northern Ireland: I do not doubt that because I have seen it myself. I recognise and have said on more than one occasion how important it is and how different it would have been had an Executive been in place during this period, when those voices could have been part of a wider debate. There is not a single person who does not regret the fact that those voices have been silent for far too long when we could have had them contributing, not least on the question of the Irish border. But we are talking today about a simple and focused aspect, which is extending the window during which there shall be no elections in order to secure a newly formed Executive. That is the key to the discussions today and should be the focus. I am also very happy to get a call from Mr Hunt.

The important thing to stress now is that at this point, I do not believe that the amendment takes us in the right direction. On that basis, I ask the noble Lord, Lord Anderson, to withdraw his amendment.

[Lord Anderson of Ipswich]

I am most grateful to all noble Lords who have spoken and in particular to the Minister for his courteous response, I do not think that we should prolong things by hearing any more from me. The issues are clear. I do not propose to press Amendment 2, but I want to test the opinion of the House on Amendment 3.

Northern Ireland (Executive Formation) Bill

Debate between Lord Anderson of Ipswich and Lord Duncan of Springbank

Committee: 1st sitting (Hansard): House of Lords
Monday 15th July 2019 Lords Chamber

[Lord Duncan of Springbank]

It would be easy to answer that in a simple way, but I suspect that tucked inside the question is a matter for greater constitutional scholars than I. I stand before noble Lords not, I am afraid, as a lawyer but as a humble geologist. I therefore feel ill-equipped to answer a question of that august nature.

In returning to the point before us, I say that this is not the right way to achieve these ends. The other place has spoken on these matters. It has spoken in a voice which we have heard on other issues and should hear today. I would ask that these amendments should not be pressed. I do not believe that they give comfort to the ongoing talks in Northern Ireland, and nor do they progress the important aspects for which those talks have been set up.

[Lord Anderson of Ipswich]

My Lords, I am grateful to the Minister and noble Lords, and for the support that these amendments attracted. I hope it is now clear that it is not the purpose of this amendment to prevent the United Kingdom from leaving the European Union on or before 31 October; it would not be apt, and it is not intended, to do that. I am grateful to the noble Lord, Lord True, for his research and I am delighted to have him as a social media follower, but my views on the wisdom or otherwise of Brexit are no more to the point of this amendment than are his.

I listened carefully to everything that was said and it still seems inescapable that, if there are any fetters at all on the absolute power of the Government in this matter, those fetters must be in the courts, in Parliament or, as a last resort, in the person of the monarch. I did not detect any enthusiasm from those who spoke against the amendments for any of those options. I found myself wondering what checks or balances on the authority of the Executive they were minded to acknowledge —but there we are. In short, I am undeterred by what I have heard. It may be—it is very likely—that I will come back to this on Wednesday. But, for the time being, I beg leave to withdraw the amendment.