Brexit: European Union-derived Rights — House of Lords, 2017-04-04
Topic: International Affairs
Angela Smith (Labour, Centre-left): My Lords, this has been an interesting and somewhat unusual debate. By my reckoning, I am the 21st speaker in the proceedings this evening and I am the 21st Peer to speak in favour of both of the Motions before the House. I do not know why the Government Benches are so empty of supporters who might have opposed them, but I am delighted to have such overwhelming support from noble Lords. Perhaps I should be grateful that all those who support these Motions are not here to speak in favour of them, because perhaps then Brexit really would mean breakfast When we debated the Brexit Bill previously, these were the two key issues that your Lordships’ House voted on with significant majorities in favour, in one case with a majority of 98 and in the other a majority of 102. I take issue with some of the comments made by the noble Baroness, Lady Ludford, who has said that the Liberal Democrats wanted them in statute. The entire House wanted that, and that is why we voted with such large majorities: to put them in statute. It remains our view that they would have been better in statute, but I have to say to the noble Baroness—noble Lords will understand this—that once the House of Commons had rejected the proposals for the second time, all we could have done was send them back and perhaps delayed the Bill by a few hours. A few people might have missed their train home, but what would that have achieved? In fact, before the dust had settled, as my noble friend Lady Hayter said at this Dispatch Box, we said that we would look at other ways to return to these issues. That is the correct way to proceed. If you lose a vote, you do not give up and walk away. You look for other routes because these matters are far too important to be decided in a debating society or on who can win the last vote. We knew that we were not going to win the vote, but we also knew that we would return to these issues, and we will never give up on them When we last debated these matters, the Government were insistent that they wanted what they called a clean Bill—as if these two amendments, with their overwhelming support in your Lordships’ House, would have made it a dirty Bill. They would not, and I think that that was a mistake on the Government’s part. But we move on, and I think the point made by the noble Lord, Lord Cormack, was important. He said that it is not just about principles, but about putting principles into practice. The only reason I got involved in politics and the only reason I accepted a place in your Lordships’ House—I am sure that I speak for many others—is that I want to make a difference. If we cannot make a difference, there is little point in just talking about issues. That is why we are bringing these two amendments back to the House tonight As my noble friend Lady Hayter said, we are not asking for anything from the Government that they have not already committed to doing. They have said already that they will give priority to EU nationals, and by extension to UK nationals living in other countries in the EU. That is an important priority. They have also said that they want a final vote on this issue in both Houses. What we are seeking to do tonight is bring some clarity to that, so let us look at the two issues On EU nationals, I am grateful to the noble Viscount, Lord Hailsham, for making the point that we are talking about a reciprocal arrangement for our nationals as well. The Government have said that it is a top priority. It had a large majority in your Lordships’ House and the Government have been clear about the importance of the matter. Concern is gathering pace. My noble friend Lord Morris described some of the issues in the construction industry, which will mean that the Government cannot meet their housing targets. We have already heard about the issues developing in the National Health Service and how the number of nurses coming to this country is falling dramatically. These Motions would provide a mechanism, an opportunity, for the Government to report back to your Lordships’ House. We are not expecting an immediate resolution. We are not asking the Government to come back before the House rises with absolute plans about how this can be achieved, but we need an assurance that when they say this is a priority, they are putting it into practice and are already in discussions about the way forward I still think that the Government have made a mistake by putting this issue into the negotiations. The noble Baroness, Lady Smith of Newnham, quoted my noble friend Lady Symons of Vernham Dean who spoke from her own experience of international negotiations. She said that when you put things on the table for negotiation, nothing is agreed until everything is agreed. That clearly cannot be allowed to continue in the case of EU nationals. I loved hearing the noble Lord, Lord Kerr, quote Boris Johnson; rarely can there have been so much agreement among noble Lords with his comments, to the effect that this is a moral, economic and practical obligation. I hope the Government understand that we are bringing this forward now because it is a matter of urgency and because damage can follow if their plans are not clear On the second Motion, tabled in my name, we have had a useful and interesting debate. We had a similar debate when we voted in favour of the amendments to the Bill. Again, a large majority was rejected by the Government and by the House of Commons. The White Paper, reinforced by Statements from the Prime Minister and the Secretary of State, said that there should be a final vote in Parliament, but, as has been outlined by the noble Lords, Lord Pannick and Lord Kerr, and others, the questions remain: when and how?