European Union (Withdrawal Agreement) Bill

Lord Whitty Excerpts

Committee: 3rd sitting (Hansard) & Committee stage & Committee: 3rd sitting (Hansard): House of Lords
Thursday 16th January 2020 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

I congratulate the noble Baroness, Lady Hamwee, on shining a light on this particular difficult policy area. I follow on from the remarks made by my noble friend Lady Altmann, but on a slightly different question, regarding a case study with which I am all too familiar because it concerns my own pension, so I hope that noble Lords will forgive me for raising this.

One area of EU law that has long concerned me is the free movement of pensions and that the pension to which one contributes while living and earning money in another EU member state should be recognised when one returns to the UK. In my case, I remember only too well that I contributed on two occasions, once as an employee and once as a self-employed independent lawyer. On one of those occasions, my contribution was taken and has simply not been recognised. I am sure that this is a common problem; I cannot believe that it applies only to me.

I am in a privileged position as regards my pension, other than the fact that I am told I cannot take my state pension until a slightly later year than I was expecting. When summing up on this small group of amendments, can my noble friend give the House assurance that, where an individual of whatever nationality —British, in my particular case—has contributed to a pension scheme in, for example, Belgium, France, Germany or Denmark and at some future date wishes to return to the United Kingdom, there is a guarantee that their pension will be recognised and will be paid as part of either a private or occupational or state pension at the time of retirement?

[Lord Whitty (Lab)]

My Lords, I had not intended to speak on this amendment: indeed, I did not speak at Second Reading and have concentrated in my own amendments on some fairly technocratic issues. However, my noble friend Lord Teverson—or, rather, the noble Lord, Lord Teverson, who on occasion is my friend—has provoked me. One reason I did not speak at Second Reading is that I now recognise that Brexit is going to happen on 31 January and I am feeling emotionally negative about it. I shall not be joining any celebrations, even if they raise the money for Big Ben to bong.

[Lord Steel of Aikwood]

Does the noble Lord agree that the slogan, “Get Brexit Done” is completely wrong? What is happening on 31 January is that we will get Brexit started.

[Lord Whitty]

That is absolutely true and I believe that it is gradually being realised by large sections of British society, business and individuals. Nevertheless, 31 January is a symbolic date in that we leave the political institutions of Europe, and that upsets me as it does the noble Lord, Lord Steel. I was very positive in the 1975 referendum, although my party was of a rather different view, and I have remained a committed European since. Sometimes I got fed up with Europe, but one of the issues referred to by the noble Lord, Lord Teverson, that of EU citizenship, is making me seriously emotional because it concerns my grandchildren.

My grandchildren were born into European citizenship. They are too young to have voted in referenda or general elections, but we are depriving them of all the benefits of European citizenship that the noble Lord spelled out. There must be a way of their being able to reassert their birthright at some future date, through arrangements between ourselves and the institutions of the European Union. I therefore very much support the intent of the noble Lord’s amendment. How it is actually worked out has yet to be made clear to me, but I hope that Ministers will at least take on board that, whatever view we took of Brexit, we are depriving some people of rights through a decision over which they had no say. That is one of the things I will be thinking about on 31 January, and it could be resolved in the long term by future arrangements between ourselves and the European Union.

[Lord Kerr of Kinlochard (CB)]

My Lords, I support the amendment in the name of the noble Baroness, Lady Hamwee, and I use that as an excuse to ask the Minister what the status is, from 1 February, of the EHIC card. I had assumed it would remain valid until the end of the year, but I have seen suggestions in the press in the last few days that it will be invalid from 31 January.

On the point made by the noble Lords, Lord Teverson and Lord Whitty, of course my heart is with them, but as the noble Lord, Lord Teverson, said, this is a matter of treaty amendment and it does not seem likely to me that it will go very far. It is of course driven by good will in the European Parliament, created in part, no doubt, by the noble Lord, Lord Teverson, during his time there. Reading the debates in the European Parliament, it strikes me as significant that the arrangements we have in this country for obtaining settled or pre-settled status are not seen as satisfactory. There are a number of reports in the continental press from which I draw one common factor: it is the absence of any documentary proof of one’s status that is particularly worrying for EU nationals living in this country.

My last point concerns an area in which I am very supportive of what the Government are trying to do and I urge them to go on trying to do it. For UK nationals resident in continental Europe, the absence of any continuing right of onward movement, even if their status in an individual member state is secure, is a very serious defect. I encourage the Government—I know this is their aim—to go on seeking to have that defect remedied.