European Union (Notification of Withdrawal) Bill

Debate between Lord Woolf and Lord Strathclyde

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

[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.

House of Lords Reform Bill

Debate between Lord Woolf and Lord Strathclyde

Wednesday 27th June 2012 Lords Chamber

[Lord Strathclyde]

My Lords, the noble Lord says that Peers elected under this new system will be even less independent. We are not calling them senators at the moment: we are not calling them anything. I think that the Bill calls them Members of the House of Lords, but they will not necessarily be Lords.

The noble Lord’s charge is that they will be less independent than they are today. I am not sure that that holds water at all. At the moment, Peers get appointed by their party leaders and presumably act accordingly. Under this arrangement they will be elected by the electorate, but once they are here they will not need to be reselected to stand again because it will for one term only. Do I agree with the noble Lord that they will intervene in improving scrutiny of legislation? I think they will. This Bill is now in the House of Commons. It is up to Members of the House of Commons to decide whether the noble Lord is right and whether that will aid the scrutiny of legislation or improve it. I believe that it will improve it and that elected Members of this House will be more assertive than the current House.

[Lord Woolf]

My Lords, I hope that the Leader of the House will agree that there has been a long tradition that when Law Lords retired they made a significant contribution to the deliberations of this House and that it is an important tradition to maintain. Will he tell me whether the special position of the Law Lords has been given consideration in the present Bill? It seems to me that it will be very difficult—if not impossible—for former Law Lords to become Members of this House through the appointment system.

Law Lords do not retire at a particularly youthful age. If the application for appointment to this House is to be made subsequent to their retirement, as one would expect, the prospects of obtaining Law Lords in this House is going to be remote. I understand that at present the appointment of independent Cross-Bench and other Members is at the rate of four a year. That will be reduced to two a year, which is hardly consistent with dealing with a category of that sort.

[Lord Strathclyde]

My Lords, I have every sympathy with what the noble and learned Lord says because I am one of many who voted against the constitutional vandalism of tearing out the Law Lords from this House five or six years ago. However, it is a bit like toothpaste; you cannot put it back into the tube. I think we miss the Law Lords and I think they probably miss us, which is why the noble and learned Lord is suggesting that we should find a way back. I have to tell the noble and learned Lord that there is no guarantee that they would be appointed by the Appointments Commission. However, I do not believe that because they are old they are of no further use to Parliament and to the nation, and after 2015 it may be that particularly eminent Law Lords will still be appointed.