European Union (Withdrawal Agreement) Bill

Debate between Lord Mackay of Clashfern and Lord Oates

Consideration of Commons amendments & Ping Pong (Hansard): House of Lords & Ping Pong (Hansard)
Wednesday 22nd January 2020 Lords Chamber

[Lord Oates (LD)]

My Lords, I regret the Government’s decision to reject all the amendments, in particular the amendment that the noble Lord, Lord Dubs, has just spoken to and the amendments that my noble friends moved.

I am sorry that in another place the Minister, when addressing the EU citizens amendment, failed to make any arguments at all. Indeed, so devoid of them was he that he resorted to a whole load of canards and non sequiturs. I could go through them at length, if I thought the Government were in any way moved by arguments on this, but it is clear to me that they are not. Sadly, and without any coherent reason at all, they have rejected an amendment which would have improved the Bill, alleviated the severe anxieties of EU citizens who are currently being refused documentary proof of their right to settled status, and ensured that the Prime Minister and the Home Secretary kept the promises they made to EU citizens during the 2016 referendum campaign.

Our amendment did not seek to interfere with any rights under the settled status scheme, nor did it do anything to thwart or delay Brexit. The proposals were not radical: the provision of documentary evidence of status is exactly the system that exists for non-EU holders of indefinite leave to remain. Our proposal for a declaratory system was simply aimed at preventing the Government and EU citizens becoming embroiled in a bureaucratic quagmire after June 2021.

As a result of the Commons’ failure to heed these modest requests, the conditions have been created for a great injustice to be visited on tens, perhaps even hundreds, of thousands of EU citizens. Millions of EU citizens will continue to face deep anxiety about their status as a result of the inexplicable decision to refuse to provide them with documentary proof. This is not an arcane debating point. This decision will have a real impact on people’s lives. Every member of the Government and every one of its supporters should, frankly, be ashamed that they are party to a casual abandonment of a solemn undertaking made by the Prime Minister and the Home Secretary to EU citizens during the course of the referendum. I am sorry that it has been abandoned so casually.

EU citizens in this country—and UK citizens in the EU, who are concerned about how the UK’s approach at home will impact their position in the EU—can be assured that, despite the set-back today, we will not give up the fight for good sense on this matter to prevail. Although our amendment has not gone through today, we will seek further legislative opportunities to ensure that it does so in future.

[Lord Mackay of Clashfern (Con)]

My Lords, I would like to say a word or two about the two amendments in which I had an interest. I am sorry that my voice is not quite up to it, but it is better than it was yesterday.

I am very glad that the situation now is that Parliament can act and get on with what is required. Clause 26 is the one I am interested in. Your Lordships will remember that the noble Lord, Lord Beith, moved an amendment to take out the provision which required a selection of courts to be made in a statutory instrument. I had understood that the Prime Minister had said that he wanted all courts to be able to deal with this matter in some way. By a majority of around 100, those in the House of Commons preferred that situation to what he said—that must be a matter of some interest. So far as I am concerned, I was extremely anxious to uphold what the Prime Minister said in his answer during the election.

Those in the Commons do not say that my amendment is unsuitable, but that it

“does not deal appropriately with the issue of domestic courts departing from the case law”.

But they do not say that their own provision is necessarily suitable either. I am sure that I, and all my noble and learned friends who spoke on these amendments, would be very willing to offer any help that may be required when it comes to promoting this statutory instrument.

European Union (Notification of Withdrawal) Bill

Debate between Lord Mackay of Clashfern and Lord Oates

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 1st March 2017 Lords Chamber

[Lord Mackay of Clashfern]

My Lords, I do not regard myself as bound by remarks made by Dr Liam Fox anywhere. I have been given the responsibility, so far, of being a Member of this House and of attempting to explain to your Lordships, as fully and briefly as I can, what I believe to be the moral high ground: to treat all people from the European Union who are in countries other than their countries of origin according to the rights secured by the European Union treaty. The time for a fair negotiation of the whole matter is when that treaty is departed from, in accordance with the rules set out in Article 50. That would come very quickly because, as I have already said—I am repeating myself now but I will not do it again—I have heard no argument from Europe against this, except that the negotiations have not been triggered in accordance with the provisions of the treaty itself.

[Lord Oates (LD)]

My Lords, I will speak to Amendments 16A and 38 and I also support Amendment 9B. Whether or not one favours a unilateral guarantee to EU citizens in this country, as I do, there are key questions about the Government’s approach which can and need to be answered now. Amendment 16A is a probing amendment which seeks to draw out the answers to these questions. I hope that the Minister will respond to them fully when he winds up. First, what rights do the Government intend to provide for EU citizens and their families in the UK and to seek for British citizens and their families in the EU? The Government should tell us now. If they did so, they would provide much-needed clarity for EU citizens here and British citizens in the EU. Those citizens need to know that they and their families will not just have a right to residence and to work, but also have access to public services—in particular, health—without which, for many, the right to residency is meaningless.

Thirdly, what procedure do the Government envisage by which EU citizens in the UK will gain rights of residency under British law? As the report of the EU Justice Sub-Committee on acquired rights makes clear, the current indefinite leave to remain procedure would not be suitable. It would not be able to cope with the applications which would have to be processed and it requires documentation which, in many cases, EU citizens simply will not have because they have never needed it, or had any expectation of needing it.

Fourthly, what do the Government intend to be the qualifying date for the rights that they grant to EU citizens? Will it be the date of withdrawal—as it was in the case of Greenland’s exit from the European Union, which is the only precedent we have—or do the Government intend some other date? Again, people need to know the Government’s intentions so that they can get on with planning their lives.

Next, there is the question of comprehensive sickness insurance cover, or CSIC. As my noble friend Lady Ludford said—many noble Lords will be aware of this—there is a dispute between the UK and the EU on whether the National Health Service qualifies as comprehensive sickness cover. The EU maintains it does, but the UK maintains it does not. Whatever the merits of the dispute between the EU Commission and the UK Government on this matter, three facts are clear. First, many EU citizens had no idea this requirement existed. Secondly, those who did thought they were covered by their right to use the NHS—a reasonable assumption, given that that is the position of the EU Commission. The third and final stark fact is this: if the Government adhere to their current position on CSIC, thousands of people, many of whom have been resident in this country for decades, will find themselves without the right to remain in the country that they have made their home—that cannot be right. This issue is causing huge anxiety to millions of people and it is in the power of the Government to resolve it by stating that evidence of CSIC will not be a requirement for EU citizens to gain permanent residence. They should do so now.

Amendment 38 simply makes explicit the unilateral guarantee to EU citizens resident in the UK and provides that no agreement under Article 50 can be entered into which does not protect the rights of UK citizens and their families in other EU countries.

It is not my intention to put either amendment to a vote this afternoon, but I hope that the Minister will address the questions raised by both of them. I will support the cross-party amendment because it offers the best opportunity to send a clear signal to the elected House. But I will want to come back to the issue of British citizens in the EU, addressed in Amendment 38, because their rights are also of crucial concern to my noble friends, myself and many noble Lords across all parties in the House.

Many British citizens living in the EU have contacted me and many other noble Lords to say how abandoned they felt by the elected House and how heartened they were that this House was addressing their concerns. We must not abandon them again. Through no fault of their own, as the result of a referendum from which the majority of them were excluded, millions of British and other EU citizens suddenly find their future at the mercy of the whims of politicians. They fear that they may be excluded from the countries that they have made their home. In some cases, they fear being split up from their husbands or wives or partners. These are not spurious fears; they are not the result of scaremongering; they are the result of the Government’s failure to provide either moral leadership or administrative clarity. Take the example of an elderly couple—