Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Lord Parkinson of Whitley Bay Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Wednesday 30th September 2020 Lords Chamber

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I wish to move this amendment formally. We are in unprecedented political times. We are racing towards a disastrous year of chaos, confusion and disruption as a result of the ending of the Brexit transition and the continuing pandemic. I have listened very carefully to the debate—

[Lord Parkinson of Whitley Bay (Con)]

The noble Baroness just has to move her amendment formally, which I believe she has done.

[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

I shall now put the Question. We have heard Members taking part remotely saying that they wish to divide the House on this amendment, and I will take that into account.

--- Later in debate ---

Moved by

[Lord Parkinson of Whitley Bay]

That the House do now adjourn.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I beg to move that the House do now adjourn for 15 minutes while we try and sort out those problems.

Motion agreed.

--- Later in debate ---

Moved by

[Lord Parkinson of Whitley Bay]

That the House do now adjourn.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I beg to move that the House do now adjourn during pleasure until the time shown on the Annunciator.

Motion agreed.

--- Later in debate ---

Amendment 10 withdrawn.

[Lord Parkinson of Whitley Bay (Con)]

I am afraid that we need to have a very short break to assist those who are looking after us technically.

--- Later in debate ---

[Lord Rosser (Lab)]

As the noble Baroness, Lady Hamwee, said, she tabled this amendment in Committee. It would prevent regulations that are made under Clause 4 being able to include any provisions that could be inconsistent with the withdrawal agreement. Its intention is to make sure that nothing can be done that undermines the rights of UK citizens in the EU and EU citizens here that were guaranteed under the withdrawal agreement. I await with interest to hear the response. I assume that the Minister will be able to provide adequate reassurance that rights in the withdrawal agreement are protected. There would certainly be an issue if the Government were not able to provide that reassurance.

[Lord Parkinson of Whitley Bay (Con)]

I thank the noble Baroness, Lady Hamwee, for speaking to Amendment 12, which as she said was previously tabled in Committee, and my noble friend Lord Flight and the noble Lord, Lord Rosser, for speaking in this short debate on it.

Amendment 12 seeks to prevent the Government using the power in Clause 4 to make regulations which are inconsistent with the EU withdrawal agreement. The Government have placed a very high priority on ensuring the protection of the rights of EU citizens who have made the United Kingdom their home. Our commitment is, I hope, evident in the effort and resources that we have already devoted to the EU settlement scheme. I am happy to restate that the Government have absolutely no intention of acting incompatibly with the citizens’ rights provisions of the withdrawal agreements.

As has been explained, we already have a legal obligation to comply with those agreements, which also have direct effect in domestic law in accordance with the European Union (Withdrawal Agreement) Act 2020. If further reassurances were needed—and it sounded as if noble Lords wanted some—a formal independent monitoring body is being set up by the Ministry of Justice under Article 159 of the EU withdrawal agreement to ensure compliance by the UK with Part Two of the withdrawal agreement concerning citizens’ rights.

The Independent Monitoring Authority has been established under Section 15 of the European Union (Withdrawal Agreement) Act 2020. It will be a new, independent body which is fully capable of monitoring our domestic implementation and application of the citizens’ rights aspects of the agreements. It can launch inquiries, receive complaints and bring legal action to identify any breaches in how the agreements are being implemented or applied in the UK.

For these reasons, we continue to think that this amendment is unnecessary. Moreover, adopting it would call into question why this restriction has not been included in every other item of legislation across the statute book. For these reasons, I hope the noble Baroness will feel able to withdraw her amendment.

[Baroness Hamwee (LD)]

My Lords, it is fairly recently that some of us have felt it necessary to require assurances that legislation that a particular Government make will not be changed and broken—even in a specific and limited way. One understands that successive Governments may do so. It seemed necessary to make the point again because we are in such a strange situation. I was not sure about the powers of the Independent Monitoring Authority; I was under the impression—this is my failure to do my homework properly—that it would not have the power to take legal proceedings in a way which met this point. I am interested to know that.

I am clearly not going to pursue this. I want to take what is said at face value and I hope that the noble Lord’s successors do not prove me too naive in doing so. I beg leave to withdraw the amendment.