European Union (Notification of Withdrawal) Bill Debate

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Department: Department for Exiting the European Union
Lord Oates Portrait Lord Oates
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My Lords, no, I do not agree with the noble Viscount for one moment. These are fears expressed to me and to noble Lords across the whole House. They are not manufactured; they are real and present, and the Government need to address them.

The Home Secretary claims in her letter to us that a unilateral guarantee to EU citizens resident in the UK would cause uncertainty for British citizens in the EU. As the noble Lord, Lord Hannay, pointed out, that is not the view of the many groups representing British citizens in the EU that have written to me and have published a statement today. Not only do they accept the need for a unilateral guarantee but they have strongly urged it on me and, I am sure, on other noble Lords. Far from causing uncertainty, they believe that it would provide them with reassurance.

During the debate on this Bill, there has been a lot of discussion about who said what in the referendum campaign, but no one disputes that the leave campaign claimed that the rights of EU and British citizens resident in other countries would not be affected. That is what they said; they also said that to state anything else would be scaremongering.

Since the vote to leave, politicians from across the political spectrum have been clear that we should unilaterally state that we will protect the rights of EU citizens here. A prominent leave campaigner, the noble Lord, Lord Howard, spoke earlier. In evidence to the Justice Sub-Committee, he made it clear that that should be the case, at least as far as residence and rights to work and study were concerned. He said that he did not think we should,

“wait for any question of reciprocity”.

The noble Lord, Lord Cormack, rightly advised the Government—some months ago, I think—that they should lead by example. He has taken a clear, principled stance on this issue throughout, as have many noble Lords in this House, including the noble Lords, Lord Bowness and Lord Hannay, my noble friend Lady Ludford and the noble Baroness, Lady Hayter, who moved the amendment—noble Lords of all parties and none, remainers and leavers alike, because this is not a partisan issue; it is a question of principle.

Doubtless the Minister will tell us that this Bill is not the place to concern ourselves with such principles, but it is the only place. It is our one opportunity to send a clear signal back to the elected House that we regard the principle of protecting the rights of EU citizens resident here and British citizens resident in the EU as a matter of honour for our country, and, in doing so, to show that we have heard the distress and anxiety of millions of British and other EU citizens, and that we have been prepared not just to offer warm words but to act.

Lord Tebbit Portrait Lord Tebbit (Con)
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My Lords—

Lord Taylor of Holbeach Portrait Lord Taylor of Holbeach (Con)
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My Lords, we need to try to organise this debate so that we hear all sides of the argument. I hope that noble Lords will understand if I suggest that it is the turn of my noble friend Lord Tebbit.

Lord Tebbit Portrait Lord Tebbit
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My Lords, in a manner which has not been followed by anybody else in the House today, I should declare my interest in this matter. I have a nephew who has lived and worked in Germany for 20 years and I have a Danish son-in-law who has lived in this country for over 30 years.

Being here today has been an extraordinary experience. First, we have been unfortunately and unusually denied the presence of my noble friend Lord Heseltine, who is not in his usual place.

None Portrait Noble Lords
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He is there.

Lord Tebbit Portrait Lord Tebbit
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Then perhaps he will do us the kindness of addressing us, because it is an almost unique experience.

The other reason that this is a remarkable day for me is that, at a time when we so often hear slave traders criticised, my noble friend Lord Hailsham has made the most splendid defence of them. He said that a man who decides to do anything is entitled to do so in accordance with the laws as they were when he took the decision. I hope that we will hear a little less about students tearing down portraits of slave traders now that my noble friend has dealt with that so effectively.

It seems to me that the first duty of this Parliament of the United Kingdom is to care for the interests of the citizens of this kingdom. If we are to be concerned about anybody’s rights after Brexit to live anywhere on this continent of Europe, we should be concerned for the rights of British people to live freely and peacefully in other parts of Europe. Somehow or another, today we seem to be thinking of nothing but the rights of foreigners.

None Portrait Noble Lords
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Oh!

Lord Tebbit Portrait Lord Tebbit
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My Lords, people of nationalities of other countries within the union are foreigners.

Lord Cashman Portrait Lord Cashman (Lab)
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Will the noble Lord develop the argument about protecting the rights of UK citizens a little further? What would he say to a UK citizen married, perhaps, to a German or Dutch national and now worried about their right to remain, to work and to live in this country?

Lord Tebbit Portrait Lord Tebbit
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That is exactly what the Prime Minister has said: we will look for an equitable solution. That means, in my view, that the rights of those who are currently resident here who, although they are not British subjects, are citizens of the EU, should be kept. But, of course, so should the rights of British citizens living within the EU. That is not a difficult matter. Why is everybody here today so excited about an amendment that looks after foreigners and not the British?

Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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My Lords, I point out to the noble Lord that the amendment is structured as it is because we are conscious of the powers of the British Government, who are able to determine the lives of the EU citizens resident in this country but not able to determine the lives of our own citizens abroad. That does not mean to say that we think any less of them; we are fighting for them.

Lord Tebbit Portrait Lord Tebbit
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Of course we do not have the power to look after our citizens overseas—not in these days when we do not have many gunboats—but we have an obligation to look after the rights of those people and to look after those rights first. The best way we can preserve the rights of all those concerned—EU citizens here and our citizens on the continent—is to allow Article 50 to be proceeded with as expeditiously as possible, to get the worries over, and for a decent and proper arrangement to be made. I only wish that European statesmen such as Mrs Merkel would come forward, perhaps arm in arm with Herr Juncker, and say that that is exactly what they want, too. We do not need this amendment; it would make it much more difficult to get to that solution.