European Union (Withdrawal) Bill

Baroness Smith of Newnham Excerpts

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

[Lord Adonis]

My Lords, my understanding is that Greenland became independent of Denmark, so the situation was very different from the one we are talking about here.

It is very important that we do not offer people false hope. It is important over the next year that people understand the full gravity and consequences of the decision the Government are proposing to impose on the country. There are no halfway houses. What does this thing called associate citizenship amount to? It amounts to a row of beans. There is no point offering people the prospect that we can somehow have the benefits —it is a classic case of having our cake and eating it. It is important that those who are in favour of staying in the European Union do not somehow think there are all kinds of halfway houses, which might give us all the benefits without staying in the European Union. It seems to me a very simple proposition: if people want to enjoy the benefits and rights of citizenship of the European Union, there is only one way to do it and that is to remain a member of the European Union.

[Baroness Smith of Newnham (LD)]

My Lords, I support the noble Lord, Lord Wigley. Like the noble Lord, Lord Adonis, I thought that the founding idea of European Union citizenship in the Maastricht treaty, which goes back to 1993—so I was not sure how it was applicable to the case of Greenland, which left in 1986—was that you had to be a citizen of an EU member state in order to have EU citizenship. However, my new understanding is that, as Article 20 of the Treaty on the Functioning of the European Union reads that,

“citizenship of the Union shall be additional to and not replace national citizenship”,

this might give a little more wriggle room. I agree with the noble Lord, Lord Adonis, that policies of having cake and eating it are not necessarily desirable. However, we are in a debate about the withdrawal Bill. This morning I thought that perhaps we were so keen on having another Second Reading debate and thinking about the referendum all over again that we had lost sight of the Bill.

[Lord Adonis]

My noble friend Lord Murphy has just made an ingenious suggestion. Under the Good Friday agreement all residents of Northern Ireland are able to apply for Irish citizenship, which of course also gives them citizenship of the European Union. Perhaps if we allowed all citizens of Britain to apply for Irish citizenship by extending the Good Friday agreement, we could get the benefits that the noble Baroness is seeking to achieve.

[Baroness Smith of Newnham]

My Lords, I was intervened on and had not finished—in fact, I had barely started. The point is that many people feel that we have talked a lot, absolutely rightly, about the rights of EU citizens who are resident in the United Kingdom, and we have talked a bit about the rights of UK nationals who are resident in other European countries, but there has been very little discussion about those people who are not overtly exercising their rights, as the noble Lord, Lord Wigley, said. When we have considered UK nationals resident elsewhere, we have tended to think about people living—retired, working or studying—in other countries. Here I declare an interest: my day job is as a lecturer in European politics. On an almost daily basis I consider that I am exercising my rights as an EU citizen by being able to get on the Eurostar and go to Brussels without having to think about visas or visa waivers. There are all sorts of ways in which we are able to exercise our rights as citizens on a daily basis.

I suspect that the Minister will say, “This is absolutely not possible”, but will he at least say that the Government are thinking about the rights that British citizens might retain? So far, much of the debate on withdrawal has been about regulations and whether we retain laws, but do we also retain rights, and do the Government wish us to retain rights?

[Lord Davies of Stamford (Lab)]

My Lords, for the first time in these debates, I am, sadly, going to have to disagree with my greatly respected noble friend Lord Adonis. It is quite a serious matter to deprive people of one of their citizenships. I feel that quite strongly because I feel very European. I feel European, British and English, and even partially Welsh because my ancestors, I am proud to say, came from the Principality. I have never seen any contradiction at all in those different identities and loyalties, and I find it very insulting that someone should suggest that there is such a contradiction or that I have to give up one of those affiliations. That is the suggestion, although of course it will not affect my loyalty or my sense of identity or my sense of who I am.

These things are subjective, and the actions of third parties—even of Governments or parliaments—do not affect them. That is also the verdict of history. One thinks of Poland, which ceased to exist as a country between 1795 and 1918. That did not stop the Poles feeling very Polish. In the case of Ireland, the British tried for about 800 years to stamp out any sense of separate Irish identity and nationality but completely failed. At the end of 800 years I think that the Irish were more patriotic and conscious of their nationality than they were at the beginning. Therefore, I do not think that this will change the psychological or subjective notion of who I am and where I stand; nevertheless, it is offensive.

There is a quite separate matter in my mind, which is the loss of important benefits: the right to work, the right to vote and the right to take part in various programmes, such as educational exchange programmes. We have already debated these things in full. These are very important rights and liberties, which we will give up if we leave the Union. However, I do not see why, in addition, we should be told that we have to give up our sense of citizenship.

I recognise that the Brexiters in this Chamber and in the country as a whole see no virtue in the European Union or in having the rights that come with being in the EU, and they certainly see no virtue in European citizenship; indeed, they may wish positively to give it up for reasons of their own—perhaps the exact mirror image of my own position. However, I hope they will agree, as I hope all rational, liberal people will do, about the Pareto principle—that if you can do something in life that improves the happiness of a number of people without damaging the interests or happiness of anybody else, you should do it. On that basis, I hope that the Government will not want to stand in the way of those of us who want to keep our European citizenship. Of course, it is a matter for the European Union to decide whether to continue to give us European citizenship; it is not a matter for the British Government. However, I am asking the British Government not to impose obstacles but to positively help those of us who wish to achieve that purpose, which I think we can do without causing any damage to our fellow citizens who wish to go in a different direction.

Of course I agree totally with what my noble friend Lord Adonis said about leaving the European Union. That is a disaster. I have made it clear in these debates that that has been my view all along. Much the best solution in all these circumstances and to all the problems we have been airing in the last few weeks would be to stay in the European Union. I agree about that. But I do think that in life if there is going to be a complete disaster, if the ship is going to go down, it is better to get a place in a lifeboat than just going to the bottom. It is on that basis that I appeal to colleagues taking both points of view about the European Union to be generous and to try to help those of us who wish to preserve some physical manifestation and demonstration of our European citizenship, to which most of us—on our side, anyway—attach strong, personal importance.

--- Later in debate ---

[Lord Davies of Stamford]

My Lords, I am mystified as to why there is any controversy at all on this matter and why the Government have come forward with a Bill that includes Clause 6 in its present form. After all, it is us who have asked for some withdrawal or transitional arrangement, and very necessarily so—I quite agree with the noble Lord, Lord Kerr; the whole matter is extremely unsatisfactory from many points of view.

Although our position will change constitutionally in March next year if we go ahead with Brexit, and we will not have been involved in the legislative process and so forth, the whole purpose of the transitional arrangement as I and I think everybody has understood it—that is the way the European Union has understood it, because after all, it is our request—is that the regime affecting all economic agents, traders and so forth, will be completely unchanged. They will carry on after March next year until January 2021 in exactly the same way. The rules they operate under will be the same. Their contracts will be interpreted in the same way as before. Their obligations to the state and so forth will be interpreted in the same way and therefore they will know exactly where they stand. They will not need to have any new regime introduced during that period. If that is the case, surely the legal regime must not be subject to any change—quite obviously so —because if it is going to continue as it presently is, the judgments of the courts which oversee that must be the same as they otherwise would have been.

Therefore, I am completely mystified as to why the Government have proposed that Clause 6 should come into effect on Brexit rather than at the end of the transitional period. I just hope that we will have a satisfactory and credible explanation from the Government. They might even admit that they have made a slight slip on this occasion and accept the amendment which is now before them.

[Baroness Smith of Newnham]

My Lords, I rise in the absence of my noble and learned friend Lord Wallace of Tankerness, who has also put his name to this amendment. I want to raise a point that he has already raised with the noble and learned Lord, Lord Keen, and a couple of my own.

First, my noble and learned friend asked how EU law will take effect, given that under Clause 1, the European Communities Act 1972 will be repealed. It may be that ensuring Clause 6 has effect only after the transition period gets around that, but there is a real question about the United Kingdom implementing EU law from the day we leave—30 March next year—through to the end of December 2020. During that period, we will be subject to the European Court of Justice but, in principle, will have no representation—that is the point the noble Lord, Lord Kerr, made in passing: we will not have a judge. The noble Baroness the Leader of the House was asked whether the United Kingdom will still have a judge on the Monday. We assume it will not, but is that the case? Have the Government discussed it? In addition, will we have an Advocate-General? My understanding is that the current Advocate-General believes she is in an ad-hominem position.

[Lord Hope of Craighead (CB)]

I think it was the noble Lord, Lord Thomas of Gresford, who pressed this point. The answer we received was that this would be a matter for negotiation, the suggestion being that we would somehow negotiate the presence of a UK judge on the court. Rather like the point about nationality, having looked at the treaties, I think it is almost impossible to see how this could be arranged. I think we have to accept that we will not have any representation on the court because we will have no Members of the European Parliament.

[Baroness Smith of Newnham]

I am most grateful to the noble and learned Lord. In a sense, that puts us in an even more difficult position. Surely, one idea was that by taking back control we would be able to legislate and use our own courts. We will have 21 months in which we do what the European Union requests without having a say. What are the Government doing to ensure we have at least some sort of seat at the table?

[The Duke of Montrose (Con)]

I had a son who worked in the European court. As far as I understand it, if an issue comes up which is relevant to the United Kingdom, it is unlikely that a United Kingdom judge would be part of the panel asked to rule on it.