European Union (Withdrawal) Bill

Lord Roberts of Llandudno Excerpts

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

[Lord Roberts of Llandudno (LD)]

My Lords, I speak not as a lawyer—I find it difficult to follow some of these legal arguments—but as a grandfather to seven grandchildren, each of whom was born into European citizenship after the treaty of Maastricht. They are just representative of the more than 18 million others who were born since that treaty was signed. If the Bill were to go through unamended, we would withdraw rights and hopes given to them during the past 25 years. What moral right do we have to do this?

If I spoke today in favour of this Bill, what would I say to Haf, Osian, Manon, Megan, Reuben—I am trying to remember their names—Ianto and Aiden? They would say, “Taid”—which is Welsh for grandfather—“why did you not oppose this? Why did you not oppose the loss of all these freedoms and the availability we had in the previous time? You didn’t do a thing”. I am not the only grandfather in this room; I am not the only grandparent in this room. If a grandparent can vote to withdraw rights that have been cherished by their grandchildren, they are doing a tremendous disservice. To the various concessions in travel, in education and in so many other ways that we get as members of the European Union there will now be barriers, and it will be because we went along with the Bill—I would nearly call it an insane Bill—to withdraw these rights from those who have cherished them and used them during the past 25 years. We were able to choose to be members of the European Union; they were not. They were born into British citizenship; they were born into European citizenship, and, as my friend, the noble Lord, Lord Wigley, said, they were born into Welsh citizenship. We cannot withdraw these things. It is a blind way of treating the future generation.

That is all that I will say at this point. Seriously, we have no right. How will the Minister defend the withdrawal of such rights from 18 million citizens? We should remember that only 17 million people voted to leave; we are talking here about 18 million. How on earth can the Minister defend such a move?

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I support the amendments. I speak not as a grandmother, although I am one, but as somebody who not only voted for Brexit but campaigned for it. Therefore, I carry quite a heavy burden to help ensure that we get the best outcomes for people living in our country.

When voting to leave, no one voted to lose their rights. The amendments would ensure that the Government safeguarded the rights and protections of people as we negotiate leaving the EU. It has been hard to get much sense out of the Government about their plans for Brexit. The default message is to refer to the Prime Minister's Florence speech or Lancaster House speech, but platitudes about “getting the best deal” or “making Brexit a success” simply are not enough to guarantee that our Government do not risk undermining our basic rights and protections during the Brexit negotiations.

The Government seem unable to agree on many of the big issues and it is unclear who is in charge. In the absence of principled, clear leadership, Parliament must take the reins and do what is right for the majority of people. The amendments would protect both British citizens and EU citizens, people who have built their lives around the opportunities given to them by EU membership. They would force the Government to stop abusing our rights as a political bargaining chip. There should never have been any question over the rights of EU citizens living in this country, but our Government insisted on using our basic rights as part of their struggle to gain bargaining power in negotiations.

It is often conceived by supporters of remaining in the EU that the main motivation for Brexit is a narrow-minded, nasty little racist attitude which blames all our country’s problems on foreigners. I could not be further away from that world view, although I believe that some of the Brexiteers—I have some names here but will not read them out—and others have a lot to answer for in the way that they used migrants as scapegoats for the very real destruction that our own Government have cast upon our society with their slash-and-burn austerity measures. The Government sowed the seeds for a lot of the division and anger that prevail in our country.

I celebrate migrants and migration. Humans have always moved around as we seek opportunities and form new communities. It is an essential part of what it means to be human and without migration we would probably be stuck in isolated little groups, still using flint tools and eating with our fingers. Instead, humans have done the most astonishing things and we have all gained enormously from the massive cultural and technological growth that results from humans meeting humans and sharing ideas, cultures, stories and lifestyles. These amendments would do what is absolutely right and fair. They are about breaking Brexit away from those who espouse anti-immigrant views and saying that Brexit is about being more open, tolerant and diverse than ever before. A Brexit that cannot achieve that is not a Brexit worth having and not one that I will support.

European Union (Withdrawal) Bill

Lord Roberts of Llandudno Excerpts

Committee: 11th sitting (Hansard): House of Lords
Wednesday 28th March 2018 Lords Chamber

[Lord Roberts of Llandudno (LD)]

My Lords, I usually sleep quite well, but last night I had a sleepless night. It was because I received a Written Answer yesterday from Defra about exactly how much farming support came from Europe. It stated:

“Across the UK £3.95 billion is provided a year under the Common Agricultural Policy. Of this, around 93% is funded from the EU, with around 7% being national funding under rural development programmes”.


So 93% is from Europe. If Brexit goes through, it could well devastate the Welsh agricultural industry. It is a catastrophic move for Welsh agriculture. We know that it already struggles. We have had years of blight in Welsh agriculture, but now we have a scheme going through that we do not have to approve: this House can stop it and, by so doing, stop that death blow to Welsh agriculture.

[Lord Liddle (Lab)]

My Lords, I add an English voice in support of the amendment—a northern English voice and a Cumbrian voice. In deference to the noble Lord, Lord Cavendish, for whom I have great regard because of the work he does in Cumbria, I think that European funds have made an enormous difference to our prospects in the north. In our debates on the Bill, we have heard a lot of the voices of Wales and Scotland about how they should be treated in the light of Brexit, but we have heard very little about how the north of England should be treated. This reflects the fact that federalism in this country has not advanced far enough. We do not have a proper devolved system of government. It is an object lesson in how the interests of large parts of England are completely forgotten in a lot of our deliberations.

The noble Lord, Lord Wigley, is absolutely right that the £350 million a week claim on the bus played an enormous part in the leave victory. I remember giving out leaflets on the streets of the ward I represent on the county council in Wigton in Cumbria. People came up to me and said “Roger, you know, we’re not going to vote for you on this because we’re just wasting all that money”. I tried to explain to people that the £350 million that they were talking about was a gross figure of UK contributions to the EU, from which we got back substantial amounts of money which went to Cumbria in a big way.

Let me cite some examples. There is not just the agricultural support, which I know is a great concern of the noble Lord, Lord Cavendish. We would not have broadband in Cumbria if we had not had special EU support for it. We would not have had the regeneration schemes for the ports of Maryport, Whitehaven and Barrow if we had not had EU structural funds. We have had huge support for regeneration.

One other interest that I should declare is that I chair Lancaster University, just outside my native county, which is presently building a health innovation campus that would not happen without EU structural funds—and this for an excellent university, which is top of the league in the Sunday Times this year, if I can plug it in the Lords Chamber. It is a vital investment for the university’s future.

The truth is that, if the £350 million claim that the leavers made was to be met, all that spending would have to be scrapped—all the spending on agriculture and the regions and all the spending on culture, science and innovation would go, because that was the gross contribution. Clearly, therefore, there is great embarrassment on the Benches opposite as to their present intentions, because they cannot tell the Foreign Secretary that he was lying throughout the campaign. But the truth is that that was what he was doing. He was lying about the £350 million. The fact is that, if these programmes, the agriculture support and structural fund money is to continue, there is no £350 million. There might be a lesser sum from the net contribution, but when you are thinking about the net contribution, you have to think about the impact of Brexit on our economic growth and therefore on tax revenues. It is already the case that, whereas we were growing before the referendum at the top of the G7 league, we are now growing at the bottom of it, and the Chancellor’s own forecasts for the next five years suggest that we will continue to be in that position and will suffer a considerable loss of potential growth and tax revenue.

This is a very serious issue. I would like clear answers from the Government as to what promises beyond 2020 they are prepared to make on agriculture and structural funds. That matters greatly to the future of the regions of this nation.

European Union (Withdrawal) Bill

Lord Roberts of Llandudno Excerpts

Committee: 11th sitting (Hansard - continued): House of Lords
Wednesday 28th March 2018 Lords Chamber

[Viscount Waverley (CB)]

My Lords, I apologise for not being here at the start. I will say very briefly that one aspect has not come under consideration: namely, UK citizens who have their prime residence on the continent. If a UK citizen has restricted access to the country in which they have their residence and the situation arises where the spouse is not allowed to enter the UK—of which I have first-hand knowledge, as my colleague the Minister is aware—that could mean separation for many people and it will further complicate this whole arena.

[Lord Roberts of Llandudno (LD)]

My Lords, I will intervene very briefly. Since the Maastricht treaty, 18 million people have been born into European citizenship. They have not acquired it—it is their right from birth. What right have we to strip them of this citizenship? I am proud of being Welsh, proud of being British and proud of being a European. A person is usually stripped of citizenship as a penalty for having done wrong and for being an undesirable. How on earth am I going to tell the children—and they are not only children now—who have been born since the Maastricht treaty into European citizenship that they no longer have that right?

[Baroness Hayter of Kentish Town (Lab)]

My Lords, in the words of those who tabled the amendments and their supporters, we hear the cry of millions who feel the loss of what they believe has been, or has become, their birthright—European Union citizenship.

We see this in many different ways. Half a million holders of UK passports have already applied for Irish passports, often by virtue of their parents’ or grandparents’ status; 30,000 EU citizens—double the number we saw before the referendum—who live here are now applying for British nationality; and many Britons are taking up membership of an EU member state so that they can preserve their EU citizenship. There is an even greater number of people who, like me, would love to continue to hold a purple passport. I have no nostalgia for my old passport—I think it is black rather than blue—and do not want it back; I would like to keep my purple one.

Apart from the emotional attachment, there are pragmatic reasons why people would like to continue with that. As the noble Lord, Lord Kerr, said, even with the withdrawal agreement we are not certain that it will allow Brits who are living abroad to do more than just remain in the country where they find themselves at the moment. It may not guarantee them the right to move or work elsewhere.

I heard recently from a British national, Nick Gammon, who at the moment is living in Holland—he has lived in France and Ireland—whose children absolutely identify as citizens of Europe. He is a translator and even at the moment his work is done not only in Holland but in Belgium, Germany and Britain, and indeed all over the place. But of course, after exit, while he will be able to carry on living in Holland, he will not be able to continue to live and work in one of those other places if it is not included in the final withdrawal agreement—although it would be nice if we could hear that it is going to be.

Of course, Nick is not alone. A few days ago we talked about the designers, architects, performers, sports men and women, nurses and all sorts of people who move around for their career, very often as freelancers, as well as for their personal lives. We heard from our EU committee earlier about how tourists moving abroad now risk losing their European health insurance card, the EHIC. Obviously this does not apply to many noble Lords in the Chamber, but if you happen to be more than 90 years of age or you have a pre-existing ailment, it will become very hard to get health insurance if we lose the EHIC. So there are enormous problems with continuing the movement across Europe that we know.

So there is undoubtedly an ache for the EU passport, with its ongoing residence and other rights. Perhaps I may briefly tell one more story. In my husband’s family, his cousin’s husband will I think be known to many: Nick Ross, whose Jewish grandmother and father arrived here from Germany in the 1930s. Nick has just taken German nationality. He has done so for a number of reasons, including how Germany has changed—although he does not necessarily want to go and work there. Following his lead, his sons, nieces and nephews have also applied for German passports, which says quite a lot. I gather that it is taking the youngsters rather longer because there is now a long queue of people doing just that.

That is a reflection of the world in which the current generation lives. Young people have more in common with friends, colleagues and partners across the continent than our parents would ever have imagined. It is the world that EU citizens residing here have also come to assume. Some are still in shock after the June 2016 decision, which will bar their automatic right to stay here, work and bring their family over. Even with all the promises we have been given, we know that there are great worries about how the system for settled status will continue.

I return to the amendment. Of course we cannot acquire stand-alone EU citizenship. It does not exist but is an add-on, even in the words which we have just heard quoted. It is an add-on for the nationals of EU member states. The EU 27 nations are no more going to give passports to all 65 million of us than we would give British passports to the 500 million citizens across the European Union—so I am afraid that we are not likely to get passports from another EU member state, and therefore, sadly, we will lose our EU citizenship.

But what we can do is ask the Government to ensure that at every stage of the negotiation they prioritise the movement of people around the continent in the way that a generation has learned to enjoy and value. Whether it is over the negotiations on staying and working with Euratom, Erasmus or the medical or other agencies, everything we do should help to preserve the free movement across the continent which youngsters in particular have come to expect. I think that we would like to see, if I may use the phrase, a continental Brexit, and I hope that Ministers will press for it so that people will be kept at the centre of all the negotiations, which will help them to continue to feel European—even if we revert to the old black passports.

European Union (Withdrawal) Bill

Lord Roberts of Llandudno Excerpts

Report: 4th sitting (Hansard): House of Lords
Monday 30th April 2018 Lords Chamber

[Lord Howard of Lympne]

It is a question, and my noble friend has not finished.

[Lord Roberts of Llandudno (LD)]

Are we learning the lessons of history? Sometimes it is very valuable to see what has happened in other countries when similar steps have been taken. We remember the reluctance of Mrs May to allow Parliament to be involved. She wanted the Government to be in charge. My mind went back to Berlin in March 1933 when the enabling Bill was passed in the Reichstag, which transferred the democratic right from the Parliament into the hands of one man—that was the Chancellor, and his name was Adolf Hitler. Perhaps I am seeing threats that do not exist, but they are possible. Who would have thought before the 1930s that Germany, such a cultured country, would involve itself in such a terrible war?

Let us take the warning. What we are doing here must involve Parliament. I would like to see it involving the people as well, but it must certainly be in other hands. We cannot let an enabling Act of the United Kingdom possibly lead to the catastrophe that took place in Berlin in 1933.

[Lord Blackwell (Con)]

My Lords, I have listened very carefully to those noble Lords who have proposed this amendment but I have concluded, on the basis of the other arguments which have been set out, that it is fundamentally flawed, for both constitutional and practical reasons. As the noble Lord, Lord Howard, said, the constitutional argument is that it risks completely confusing the roles of the Executive and the legislature. We have a system in this country where the separation of those is very clear. The Executive can command authority so long as they have a majority in the House of Commons. Their role is to bring proposals to Parliament; Parliament’s role is to be the legislature. You cannot have a negotiation where a Parliament seeks to be the negotiating partner: that is an impossible situation. Subsection (5) in the new clause proposed by the amendment allows Parliament to try and direct the details of the negotiation. That is constitutionally inappropriate—that is the role of the Executive. The Executive are accountable to Parliament but it is their role to negotiate and bring their proposals to Parliament.

On a practical level, even more importantly, and as other noble Lords have said, it would completely undermine the Government’s negotiating position if they did not have the opportunity to walk away. A negotiation has to involve compromises by both sides. If the European side of this argument knew that, however onerous they made the conditions, the Government would come back to Parliament, which could tell them to go back and concede some more, we would simply be offering the opportunity for one side of the negotiations to keep pursuing its case rather than compromise. That would completely undermine the practical basis on which negotiations have to be held between two sides which have the authority to negotiate, with proposals brought back for approval by the House.