European Union (Withdrawal) Bill

Lord Woolf Excerpts

Report: 6th sitting (Hansard): House of Lords
Tuesday 8th May 2018 Lords Chamber

[Lord Callanan]

I think I covered that in what I said earlier: we believe it to be unnecessary and pointless.

Going back to my noble friend Lady McIntosh’s questions, the second question she asked me was about contracts of employment of staff employed in those agencies. Of course, these are a matter for those agencies, but the rights of those UK citizens, as UK citizens in other EU countries, are guaranteed in the agreement we reached with the EU in December. The noble Lord, Lord Whitty, asked me about the membership of agencies ending in March 2019. As set out in the agreement reached in March, during the implementation period common rules will remain in place and the UK may continue to participate in EU agencies where the presence of the UK is necessary and in the interests of the Union or where the discussion concerns acts addressed to the UK and its citizens.

In conclusion therefore, while I fully understand the intentions behind the amendment, I do not believe that anything would be gained from its acceptance in the Bill, apart from confusion.

[Lord Woolf (CB)]

Before the Minister sits down, can he help me on one matter? I am sure there is an easy answer to it. The Bill is exceptional in its regulatory power. Whereas I see the strong force of what is being submitted by the noble and learned Lord, Lord Brown, I wonder if it has the effect of curtailing these very wide Henry VIII clauses.

[Lord Callanan]

I do not believe that it does curtail our powers under the SI provisions of the Bill, on which we have had separate, long discussions.

In conclusion, I do not believe that anything would be gained from its acceptance in the Bill apart from confusion and uncertainty. I therefore hope that the right reverend Prelate will feel able to withdraw his amendment.

Brexit: Legislating for the United Kingdom’s Withdrawal from the European Union

Lord Woolf Excerpts

Thursday 30th March 2017 Lords Chamber

[Lord Bridges of Headley]

I am delighted that the noble Lord sees it that way. I certainly agree that although the challenge ahead is extremely complex, we need to proceed with some simple principles and as simple an approach as possible, while being mindful of the complexity and of the view, which I know some of your Lordships hold, that in the process of restoring sovereignty to Parliament we should not give the Government excessive powers. We need to get the balance absolutely right and that is what I am determined to do.

[Lord Woolf (CB)]

My Lords, I am sure the Minister has well in mind the problems with amending legislation of a subordinate nature in this House. I have experience of dealing with a much more modest situation, which arose when I was Lord Chief Justice and the Lord Chancellor’s status was transformed, and we realised that over 300 pieces of legislation had not been taken into account. I suggest that it is possible to include in whatever the Bill will be called—great or otherwise—a provision which enables a statutory instrument to be amended without affecting its validity. That will give much greater comfort to those in this House with regard to what is proposed.

[Lord Bridges of Headley]

The noble and learned Lord makes an extremely interesting point. I am sure he will make other points and I very much look forward to having discussions with him about this and other issues in the months ahead.

European Union (Notification of Withdrawal) Bill

Lord Woolf Excerpts

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

[Lord Taylor of Holbeach]

My Lords, I hear the desire of some Members of the House to have Front-Bench speakers. However, it would be good to hear from the noble and learned Lord, Lord Woolf, and then from my noble friend Lord Strathclyde.

[Lord Woolf (CB)]

My Lords, I will be extremely brief. After such an extensive debate, there is just one aspect that I would like to draw attention to. We are dealing here with residents in this jurisdiction who at present have the right to go to the European Court of Human Rights. We are also dealing with residents in the rest of the European Community who also have that right. The present situation in this country is a matter to be dealt with by Parliament and not by the courts. I strongly urge us not to force people to seek to go to the courts, as they could in this situation in this jurisdiction. It is a matter which should be decided by both Houses of Parliament. As far as I am concerned, I shall vote for the amendment, for the very clear reasons given by the noble Viscount, Lord Hailsham. This is a matter of moral principle as well as one which could be a legal principle—and, so far as the moral situation is concerned, there is only one answer.

[Lord Strathclyde (Con)]

My Lords, much has been said this afternoon surrounding the whole issue of uncertainty. But the reason I cannot support these amendments is the fundamental flaw that lies at their heart: they will create more uncertainty, in particular for the 1 million British citizens living abroad. Noble Lords opposite have made two defences of that. The first is that they have received some letters from expat groups. Dare we believe that they may be wrong in asserting that giving unilateral rights now to EU citizens living in the United Kingdom will convince overseas Governments to give them the same rights? Secondly, they have said to trust the other EU Governments. But we do not know which Governments they will be dealing with in the EU. There are elections in a few weeks in France and Holland and, in a few months, in Germany.