Brexit: Acquired Rights (EUC Report)

Duke of Somerset Excerpts

Tuesday 4th July 2017 Lords Chamber

[The Duke of Somerset (CB)]

My Lords, this valuable report makes it quite clear that one of the most serious implications of the Brexit decision is the position of EU citizens living and working in the UK and the corresponding position of UK nationals in the European Union. I congratulate the committee on the rather hard-hitting stance it has taken.

The outcome of the negotiations will impact directly and hugely on the lives of millions of human beings, their families, livelihoods, businesses and place of residence. That sentiment was echoed by the noble Lord, Lord Judd. These people are not trifling pawns in a great game; they are our fellow neighbours and citizens and as such they deserve properly thought-out, compassionate decisions as these will affect their lives for ever. As the Government wrote in their paper Safeguarding the Position of EU Citizens Living in the UK and UK Nationals Living in the EU:

“The UK is one of the most tolerant and welcoming places in the world and will remain that way. ... We recognise the need to honour that expectation”.


However, there are not many people affected by the current state of affairs who have much confidence that the Government are showing any inclination to do so.

We know that many of our industries and institutions will fail without a continuing supply of non-UK labour, and many of those who might come here have already been frightened off. Other speakers have made this point and made it clearly. I declare a sort of interest in that two of my children are living in Europe, forging careers that they wish to continue for a long time. Many thousands of other young people wish to do the same, to benefit from an Erasmus education, to broaden their horizons, to learn other languages and not to be confined to the narrow—brackets, minded, close brackets —borders of our island. Other people—retirees, for example —are distressed about pensions, healthcare and residence and employment rights during this uncertain period.

The unilateral immigration announcement of last week, which was derided in some quarters as too little and too late, is at variance with the general tone of the Home Office’s bureaucratic, long-winded, nit-picking procedures, which are highlighted in the report. Indeed, it notes the Court of Appeal’s comment that the rules are “Byzantine in their complexity”. How telling is that? It seems that this department of government wants to exercise the letter of the law, but not necessarily the spirit.

There is a lot of uncertainty over various terms that are being thrown around in the Brexit debate, such as “acquired rights”, “residence”, “citizenship”, “comprehensive sickness insurance cover” and “parties to treaties”. These terms are all capable of different interpretations, and they badly need clarifying and defining throughout the EU.

The report goes into detail to discuss various treaties and articles that may govern the future position and possible discrimination, but it does not point to very clear conclusions, save that there may be confusion and litigation. The report recites various agreements, such as the citizens directive 2004, the TFEU of 1993, Article 20 and the ECHR. All these purport to address rights, and they partially overlap, yet there are still gaps. I believe that we need an overarching commitment in EU and UK law. That is why these matters must be addressed in the withdrawal agreement. Will the Minister confirm that that is the Government’s intention, as that will give the greatest legal certainty in future?

Concurrently, in the event of the UK exiting without any agreement, safeguards must be maintained by national law. I ask that the forthcoming repeal Bill includes the continuation of the Immigration (European Economic Area) Regulations 2006 as they implement the EU citizens directive. As we know, reciprocity is not within the Government’s power to deliver, but now that they have finally acknowledged the principle of unilateral protection for EU citizens here, which this House has long called for, one is hopeful that the other member states will be more inclined to offer full protection for UK nationals in their states. In order to fulfil their pledge, the Government need quickly to safeguard the full scope of EU citizenship rights in the withdrawal agreement. This is recognised as a moral obligation by the report and by most other commentators. It is also economically vital in order to maintain our labour market.

I shall ask the Minister a couple of questions. The first is about visas. Does she envisage UK nationals having to apply for a visa to go to Paris for the weekend in two years’ time? Will we have to queue up at airport passport control with the multitude of other third-country nationals? If so, will this encourage our business men and women to travel to Europe to make trading deals there?

What about the cost of the fees, which we have already heard about? Does the Minister consider the £7,500 quoted in the report for a family of four to make an application for settlement in the UK affordable and reasonable? There is reference to the new simplified online system coming in in 2018, which I hope will address this matter in a proper manner.

My reading of the report is that the Government are determined to reduce immigration numbers considerably. However, they have had the legal opportunity to reduce non-EU migration for many years but have failed to act. Instead, they have concentrated on soft targets, such as students, and now are turning their fire on EU citizens. This is unacceptable from a moral and economic standpoint. Acquired rights must be addressed properly under Article 50, with reciprocity, speed and indivisibility. These rights should be frozen at the date of Brexit.

All these points are very well made in the committee’s report, and I urge the Government to act on them and perhaps to confirm them this evening.