Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Lord Oates Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 22nd July 2020 Lords Chamber

[Lord Oates (LD)]

My Lords, there is little positive to say about this Bill and much, as my noble friend Lady Hamwee has so eloquently summarised, that is not only negative but deeply alarming. In its current state, the Bill has the potential to disrupt the family life of British citizens resident in the EU and risks creating a bureaucratic quagmire for EU citizens after the settled status deadline expires, leaving all of them without physical proof of their right to live in the UK—a point that I will come back to in Committee.

The very first clause abolishes free movement. From January next year, EU citizens will lose their free movement rights in the UK. At the same time, every British citizen will lose their right to live, work and travel freely throughout the European Union. EU citizens will lose their rights and privileges in one country; British citizens will lose their rights and privileges in 27 across the European continent. Ministers who enjoyed those rights for the majority of their lives have ensured that they are stripped from their children and grandchildren for ever. They have shrunk the horizons of our country and of our children’s futures, and it is a shame. I recognise that the Government will not reverse course, but I hope that they will at least reduce the impact by listening to the arguments to improve the Bill as it progresses through the House.

I want to focus on three particular areas for improvement. The first is in respect of British citizens resident in the European Union. Those with non-British spouses and family members need to know that, should they wish to return to live in the UK with their family, they will be able to do so. All British citizens living in the EU want to be reassured that we will uphold the treaty rights of EU citizens in the UK; the better to insist that they are upheld for our citizens in the EU. Secondly, the current Prime Minister and Home Secretary made a categorical commitment to EU citizens during the referendum that they would retain exactly the same rights as they had before exit. That promise has long since been betrayed but, at the very least, the Government could make one small concession and provide EU citizens with settled or pre-settled status with physical proof of their right to be in the UK. It is a small thing to ask, but it would make a huge difference, especially to the elderly, many of whom are particularly anxious about the current digital-only status. Finally, I urge the Government to amend the Bill to guarantee that the rights of EU citizens will not be subject to alteration by ministerial fiat, but guaranteed in primary law.

In conclusion, let me make this appeal. The Government have the opportunity to reconsider the Bill by accepting amendments that will bring it at least a little closer to the promises made in the referendum campaign and will help to alleviate the anxiety felt by millions of people facing an uncertain future. To do so, they will need the strength and humility to swallow their pride and do the right thing. I hope that they will find it.