European Union (Notification of Withdrawal) Bill

Lord Strathclyde Excerpts

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.

[Baroness Miller of Chilthorne Domer (LD)]

I am one of those who lives in France, and I must therefore declare an interest. Perhaps the noble Lord did not hear the noble Lord, Lord Hannay, when he made the point that all the ex-pat UK groups living in the EU have come together to make the case that they support this amendment.

[Lord Strathclyde]

I heard the noble Lord, Lord Hannay, loud and clear. What I suggest is: can we believe that these groups might be wrong and that, therefore, this House is putting at risk the future of a million British citizens living in the EU? That is why we should not support these amendments.

Noble Lords have said that they do not know what the policy of the British Government is. All they have to do is read the White Paper; it is there very clearly:

“We want to secure the status of EU citizens who are already living in the UK”.


We all agree with that. The bit that noble Lords opposite do not agree with says,

“and that of UK nationals in other Member States”.

[Lord Bilimoria]

I thank the noble Lord for giving way. He said that we should trust the British Government; the Home Secretary has written a letter to all of us in which she says:

“I … reassure colleagues that Parliament will have a clear”,


say. This is the same Home Secretary who wanted companies to list every foreign worker, from a Home Office with a Minister who wanted companies to pay £1,000 per EU worker. How can we trust the Home Secretary?

[Lord Strathclyde]

Very simply—the law can be changed only with the agreement of Parliament. That is why these amendments are at the wrong time, in the wrong Bill and on the wrong subject. We should support the rights of British citizens living in Europe.