European Union (Withdrawal Agreement) Bill

Lord Kerslake Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting: House of Lords & Report: 1st sitting
Monday 20th January 2020 Lords Chamber

[Lord Kerslake (CB)]

My Lords, I will speak in support of the amendment, and add my voice to those of other noble Lords who have spoken so well on it. I am sorry that I was not able to be here when the amendment was debated in Committee, which clashed with another public meeting that I had agreed to chair. I am grateful to my noble friend Lord Warner for stepping in and speaking on my behalf. I have, of course, read the report of that debate.

I think that we can agree on two things here. The first is that EU citizens are innocent bystanders in the Brexit battle; this is not a fight of their making. They have made a big contribution to the economic and social well-being of this country. It follows, therefore, that we must take every reasonable step to ensure that they are not disadvantaged by our departure from the European Union. Secondly, the way forward on this issue is entirely in the UK Government’s hands. Agreeing the amendment need not delay Brexit, nor does it require changes to the withdrawal agreement. It is our choice to make.

I fully appreciate that good progress has been made on the application process, but it is a long way from complete and almost certainly it will never be so. In Committee, the Minister said that the Government will take a pragmatic approach to providing a further opportunity to apply for those who have reasonable grounds for missing the deadline. I have no doubt of the Minister’s sincerity on this. However, as the Windrush scandal has shown, pragmatism, good judgment and fairness have not always been strong features of our immigration system—and, as we also know from Windrush, the consequences for those on the wrong side of our system are very serious.

The two changes proposed in the amendment—adopting the declaratory system and providing physical proof—are simple safeguards that do not, as the Government suggest, in any way undermine the applications process that is now under way. They just provide more reassurance and safeguards to those affected.

In the conclusion of Amelia Gentleman’s brilliant book on the Windrush experience, which ought to be required reading for anyone interested in these issues, she talks about her shame, on hearing of the experiences of those affected, that we could treat our citizens so badly. She expresses the hope that the memory of the Windrush scandal will linger and ensure that such extremes of institutional cruelty are never allowed to be repeated. Approving this amendment today is one way that we can act to reduce that possibility.

[Lord Anderson of Swansea (Lab)]

My Lords, I adopt the wise words of the noble Lords, Lord Oates, Lord Warner and Lord Kerslake, and echo what they said about the danger of rerunning Windrush and about the fallibility of government computer systems, which we have seen in many cases.

I will add only one further point. I had the honour to serve, during the last Session, on your Lordships’ EU Justice Sub-Committee, ably chaired by my noble friend Lady Kennedy of The Shaws. It was a friendly committee and we worked in a consensual way. The committee examined EU citizens’ rights after Brexit, and one of the key concerns that we expressed was precisely that the EU citizen in the UK, for reassurance, needed some physical proof of the fact that they could remain in the UK. Certainly, some of us thought that Ministers, in seeking to justify their position—not pragmatically—seemed just a little uneasy. The committee heard much evidence, both oral and written, from a number of representatives of EU citizens, travelled to two parts of the UK and, importantly, met representatives of all the EU embassies on two occasions. They were able to represent the concerns of their citizens—so it was not, therefore, a capricious conclusion that we reached, but one based very firmly on evidence.

We tried to put ourselves in the shoes of those EU citizens in the UK. Of course, they would be used to ID cards, but some might have a certain hesitation about authorities and would certainly need an assurance, as the Government have said on a number of occasions. Have they had adequate protection? Not in my judgment, because a physical document is necessary to give those citizens confidence. In passing, it would also show that the Government do listen to one of their committees that has researched the project quite thoroughly.