European Union Citizenship

Lindsay Hoyle Excerpts

Wednesday 7th March 2018 Commons Chamber

[Peter Grant (Glenrothes) (SNP)]

I am grateful to the hon. Gentleman for giving way, and I apologise to his colleagues that I missed the start of the debate. The reason was that, like the hon. Member for Stafford (Jeremy Lefroy), who spoke a few minutes ago, I am a member of the Select Committee on Exiting the European Union, and some of us had the privilege of meeting a delegation from the Parliament of Slovakia who are in Westminster.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Order. I remind the hon. Gentleman that he does not have to give a reason for intervening. Don’t worry about that; we just want to hear your intervention.

[Peter Grant]

It is highly relevant, Mr Deputy Speaker, because most of the people we met were born in the shadow of the iron curtain. They now have the right to travel all over western Europe and a great deal of central and eastern Europe. Does the hon. Gentleman share my bafflement that while those people are celebrating their fairly recently won right to travel everywhere, we have a Government here that seem determined to take measures that might endanger the right of future generations of UK citizens to travel as freely as our Slovakian friends can travel now?

--- Later in debate ---

[Jonathan Edwards]

I am extremely grateful to the hon. Gentleman for that intervention. This debate is so serious that it needs to be debated in a very reasonable, calm and rational manner, as we have seen in the House today.

Most people have been extremely supportive of what we are suggesting, but others have seen the campaign as a plot to undermine the referendum result, which could not of course be further from the truth. What we are proposing is that, as part of the negotiations, the British Government make the case that those of us who wish to keep our current rights are able to do so, while those who wish to renounce their rights would also be able to do so if they so wished. If the British Government are serious about healing the wounds of the referendum, I argue that they should pursue such an initiative with vigour, because it could unite everybody in every part of the British state.

The key point is that the rights we currently enjoy under the Maastricht treaty do not in any way challenge or undermine our rights as subjects of the British state. This point was made with vigour by my hon. Friend the Member for Ceredigion. They are additional rights, and any action by a Government to take away those rights is an extremely serious matter. It is therefore no wonder that this issue is now before the courts in Europe.

As someone who fundamentally believes in Welsh independence, I recognise that, following the political freedom of my country, there will be a requirement to protect the rights currently enjoyed by the people of our respective countries, as was of course the case following Irish independence. I think that answers the point raised by the hon. Member for East Renfrewshire (Paul Masterton)—he is no longer in his place—in his intervention on my hon. Friend the Member for Arfon.

In his article in The New European at the weekend, Professor Volker Roeben, who was formerly of the University of Swansea but now works in Dundee in Scotland—I am delighted to see him here—makes the case quite clearly that international and EU law should protect our current EU citizenship from Brexit. I understand that legal opinions differ and I readily admit that I am no legal expert, but he makes a compelling case. I would like to finish my speech by quoting him at some length. He said:

“Of course, a member state is free to terminate its membership for the future, but it cannot extinguish the citizenships that have already been created and the rights that have been exercised—these continue. This status cannot not be taken away neither by the European Union nor by one of its member states.

This is also the impetus of the international law of treaties laid down in the 1969 Vienna Convention on the Law of Treaties. This international law will be binding on the EU, the UK and the remaining member states after Brexit. It governs in considerable detail the consequences that the withdrawal of a state from any treaty, including the Founding Treaties, entail.

One consequence is that the treaty ceases to bind, but the other is that the withdrawal must not have retroactive effect on the rights of individuals already created at the time of withdrawal.”

This results in a challenge to the European Commission and, as I readily admit, to the British Government. My understanding is that the European Parliament is far more understanding of the case than the Commission. If this is the case, then MEPs will have an important role in scrutinising the negotiating tactics of Mr Barnier and his team. At the end of the day, as Professor Roeben states, it is a matter of political will. I hope that, following this debate, Parliament will support the motion and mandate the British Government to negotiate a protection of the rights we all currently enjoy as European citizens.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

I now have to announce the results of today’s deferred Divisions. In respect of the question relating to Northern Ireland political parties, the Ayes were 308 and the Noes were 261, so the Ayes have it. In respect of the question relating to passport fees, the Ayes were 317 and the Noes were 258, so the Ayes have it.

[The Division lists are published at the end of today’s debates.]

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

On a point of order, Mr Deputy Speaker. I am grateful for the opportunity to make a correction to the record. This morning, I referred in a question to the Secretary of State for Scotland during Scotland questions to branch closures by RBS last month. Of the 10 branches given a reprieve last month on the basis that they were the last bank in town, two were not in fact the last branches in town. I suggested that the branch in Melrose, which is not the last bank in town, was in the Dumfriesshire, Clydesdale and Tweeddale constituency, which is the constituency of the Secretary of State for Scotland. As a matter of fact, it is in the constituency of Berwickshire, Roxburgh and Selkirk. The other branch that is not the last branch in town is located in Kyle, which is in the Ross, Skye and Lochaber constituency, which is the constituency of the leader of the Scottish National party in Westminster. I would like to correct the record to that effect.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

The hon. Gentleman has made that correction.

--- Later in debate ---

[David T. C. Davies (Monmouth) (Con)]

On a point of order, Mr Deputy Speaker. At Prime Minister’s questions today, the Leader of the Opposition stated that British armed forces were directing the attacks in Yemen. I checked with No. 10 Downing Street and that is completely incorrect. British armed forces personnel are not involved in any way at all with what is going on in Yemen or Saudi Arabia. We are about to discuss our armed forces, and I feel that comments like that could actually be putting our armed forces at risk. I wondered whether you had had any indication that the Leader of the Opposition is going to come to the House to apologise and put the record straight.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

First of all, it is not a matter for the Chair, as you well know. You have put it on the record, but it is certainly not for the Chair to intervene, either on behalf of the Opposition or the Prime Minister.

[Hywel Williams]

On a point of order, Mr Deputy Speaker. I will be very glad to be able to tell our European friends that this House now supports the idea of maintaining European Union citizenship rights. This follows the motion passed by the Brussels Parliament in March 2017, which also supported the idea of continuing associate EU citizenship for British nationals post Brexit. I seek your confirmation that as this motion has now passed, the Government must respond with a statement in this place on this matter within the next 12 weeks.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Obviously it is not a matter for the Chair. It is a matter for the Government to respond. The vote has been taken. The House has shown its view, but it is for the Government to respond accordingly.