UK Parliament / Open data

European Union (Withdrawal) Bill

Lords committee stage fifth day. Clause 6 under consideration. Part 1 of 3.

About these Parliamentary proceedings

Reference

789 cc1055-1104 

Session

2017-19

Department

Ministry of Justice

Legislative stage

Committee stage

Chamber / Committee

House of Lords chamber
European Union (Withdrawal) Bill 2017-19. Brought from the Commons.
Thursday, 18 January 2018
Bills
House of Lords
European Union (Withdrawal) Bill. Constitution Committee (HL) ninth report.
Wednesday, 24 January 2018
Parliamentary committees
House of Lords
Delegated Powers and Regulatory Reform Committee twelfth report.
Wednesday, 31 January 2018
Parliamentary committees
House of Lords
European Union (Withdrawal) Bill
Wednesday, 7 March 2018
Parliamentary proceedings
House of Lords

Proceeding contributions

Lord Foulkes of Cumnock | 789 c1055 (Link to this contribution)

Moved by

Lord Foulkes of Cumnock

49: Clause 6, page 3, line 33, after “cannot” insert...

Lord Foulkes of Cumnock | 789 cc1055-6 (Link to this contribution)

My Lords, in moving Amendment 49 I shall speak also to Amendment 52. I read the other day that th...


Show all contributions (141)
Lord Forsyth of Drumlean | 789 c1056 (Link to this contribution)

How would the noble Lord’s proposed new provision work in the event of there being no agreement a...

Lord Foulkes of Cumnock | 789 c1056 (Link to this contribution)

As I understand it, all that we include depends on there being an agreement. It is not just my am...

Lord Liddle | 789 c1056 (Link to this contribution)

My Lords, I fully support my noble friend’s decision to raise these questions, which are very imp...

Lord Liddle | 789 c1057 (Link to this contribution)

I will give way in a moment.

The question is whether we want the rights of EU citizens to b...

Lord Forsyth of Drumlean | 789 c1057 (Link to this contribution)

I am most grateful to the noble Lord, but he must not put words into my mouth. I simply asked a s...

Lord Liddle | 789 c1057 (Link to this contribution)

The noble Lord, Lord Forsyth, is clearly saying that he thinks there is a real possibility we are...

Lord Hamilton of Epsom | 789 c1057 (Link to this contribution)

The noble Lord said that we seem to be able to crash out and to have no deal as a bargaining chip...

Lord Liddle | 789 c1057 (Link to this contribution)

The point I am focusing on is that this is our opportunity to guarantee the rights of EU citizens...

Lord Cormack | 789 c1057 (Link to this contribution)

My Lords, I deeply regret and resent the fact that we are having to discuss this and waste the Ho...

Lord Wallace of Tankerness | 789 c1058 (Link to this contribution)

My Lords, as someone who is a co-signatory of the amendment that was moved by the noble Lord, Lor...

Lord Adonis | 789 c1058 (Link to this contribution)

Did the noble and learned Lord notice that in the Prime Minister’s Statement on Monday, she speci...

Lord Wallace of Tankerness | 789 c1058 (Link to this contribution)

It is not only appropriate as a further role, but one we have already agreed to. As the noble Lor...

Baroness Prosser | 789 c1059 (Link to this contribution)

My Lords, I support my noble friend Lord Foulkes and I will speak to Amendment 54, which stands i...

Lord Wigley | 789 cc1059-1060 (Link to this contribution)

My Lords, I have put my name to Amendment 52, which was spoken to by the noble Lord, Lord Foulkes...

Lord Dykes | 789 c1060 (Link to this contribution)

The noble Lord is making an extremely good speech with which I agree so I am sorry to break in. H...

Lord Wigley | 789 c1060 (Link to this contribution)

I am very grateful to the noble Lord, Lord Dykes, for his helpful intervention. We are all Europe...

Baroness Altmann | 789 c1060 (Link to this contribution)

I want to present to the Committee an observation: according to the December agreement reached by...

Lord Wigley | 789 c1060 (Link to this contribution)

I am grateful to the noble Baroness for introducing that point; I was going to move on to it a li...

Lord Cormack | 789 c1061 (Link to this contribution)

Do we not have a particular responsibility for the smallest group of citizens for which this Gove...

Lord Wigley | 789 c1061 (Link to this contribution)

I am sure we shall we come on to the position of Gibraltar in greater detail at another time. In ...

Baroness McIntosh of Pickering | 789 c1061 (Link to this contribution)

I am grateful to the noble Lord. Currently, a British lawyer, dentist or doctor can practise in a...

Lord Wigley | 789 cc1061-2 (Link to this contribution)

Of course, this amendment provides a mechanism to create a redress for people who feel that they ...

Earl of Clancarty | 789 cc1062-3 (Link to this contribution)

My Lords, of particular interest to me in this Bill is the way in which ordinary people would be ...

Lord Green of Deddington | 789 c1063 (Link to this contribution)

I will stay away from the law on this, but when it comes to travel and so on to the EU, is there ...

Earl of Clancarty | 789 c1064 (Link to this contribution)

I am not sure that is the case at all. It is very likely that visas will be introduced.

Baroness Ludford | 789 c1064 (Link to this contribution)

It may well be that we benefit from a visa waiver but it is also likely that we will have to appl...

Earl of Clancarty | 789 c1064 (Link to this contribution)

Absolutely. Whatever happens, we will be at a disadvantage to everyone else in Europe and that is...

Lord Judd | 789 c1064 (Link to this contribution)

My Lords, I support the amendment. When this whole matter originally came before the House, we ha...

Lord Haskel | 789 cc1064-5 (Link to this contribution)

My Lords, I shall speak to Amendment 211, which is in my name and deals with our rights but in a ...

Lord Forsyth of Drumlean | 789 c1066 (Link to this contribution)

I am most grateful to the noble Lord and I understand the point he is making about international ...

Lord Haskel | 789 c1066 (Link to this contribution)

I do trust Britain to set its own standards, I just do not want to see them lowered. I am concern...

Lord Forsyth of Drumlean | 789 c1066 (Link to this contribution)

On that point, why does the noble Lord not think it possible that we might set higher standards, ...

Lord Haskel | 789 c1066 (Link to this contribution)

I would very much welcome setting higher standards and am sure that all noble Lords would do so. ...

Lord Newby | 789 c1066 (Link to this contribution)

My Lords, does the noble Lord agree that in her speech last week, the Prime Minister said that sh...

Lord Haskel | 789 c1066 (Link to this contribution)

The noble Lord is absolutely right and in a later amendment, I will call on the Government to set...

Baroness Ludford | 789 c1067 (Link to this contribution)

My Lords, I shall speak to Amendment 202, which is in the name of my noble friend Lady Smith of N...

Lord Green of Deddington | 789 c1068 (Link to this contribution)

Will the noble Baroness explain how we could possibly deal with several million people unless we ...

Baroness Ludford | 789 cc1068-9 (Link to this contribution)

There could be a simple declaratory process. If any parliamentarians in this Chamber have ever ha...

Lord Green of Deddington | 789 c1069 (Link to this contribution)

I am very puzzled as to how any of this is relevant to the Bill we are discussing. Does the noble...

Baroness Ludford | 789 c1069 (Link to this contribution)

It is highly relevant to whether people are being guaranteed their existing rights to legally res...

Lord Mackay of Clashfern | 789 c1069 (Link to this contribution)

My Lords, I want to make two short points. The first is that the precedent of giving rights in ot...

Lord Foulkes of Cumnock | 789 c1069 (Link to this contribution)

Just to clarify, my amendment does not suggest that—quite the reverse. It would be the British co...

Lord Mackay of Clashfern | 789 c1070 (Link to this contribution)

I think that is meant to be an intervention, because I have not quite finished. The situation is ...

Lord Hope of Craighead | 789 cc1070-1 (Link to this contribution)

My Lords, I would like to intervene, following what the noble and learned Lord, Lord Mackay, has ...

Lord Wallace of Tankerness | 789 cc1071-2 (Link to this contribution)

I am grateful to the noble and learned Lord. The point made by the noble Lord, Lord Foulkes, in m...

Lord Hope of Craighead | 789 c1072 (Link to this contribution)

I have listened with great care to what the noble and learned Lord has said but I cannot look int...

Lord Forsyth of Drumlean | 789 c1072 (Link to this contribution)

Before the noble and learned Lord sits down, in summary, was he saying that the amendment of the ...

Lord Hope of Craighead | 789 c1072 (Link to this contribution)

With great respect, I would not put it in that way. It has given me an opportunity to bring forwa...

Lord Roberts of Llandudno | 789 cc1072-3 (Link to this contribution)

My Lords, I speak not as a lawyer—I find it difficult to follow some of these legal arguments—but...

Baroness Jones of Moulsecoomb | 789 cc1073-4 (Link to this contribution)

My Lords, I support the amendments. I speak not as a grandmother, although I am one, but as someb...

Baroness D'Souza | 789 c1074 (Link to this contribution)

My Lords, if there is to be a commitment to the highest standards of protection of citizens’ righ...

Lord Adonis | 789 cc1074-5 (Link to this contribution)

My Lords, Amendments 160 and 170 are in my name and they would prevent regulations being made und...

Baroness Hamwee | 789 cc1075-6 (Link to this contribution)

My Lords, does the noble Lord agree that the issue is important not only to those who might be th...

Lord Adonis | 789 c1076 (Link to this contribution)

Perhaps I may respond to the noble Baroness and make one further brief point. The noble and learn...

Baroness Hayter of Kentish Town | 789 cc1076-7 (Link to this contribution)

My Lords, I want to concentrate on the last point made by my noble friend Lord Adonis and on the ...

Lord Keen of Elie | 789 cc1077-8 (Link to this contribution)

My Lords, I am pleased to be able—I use that term advisedly—to respond to the issues raised in th...

Lord Keen of Elie | 789 c1078 (Link to this contribution)

It is not yet a treaty, if I can anticipate the noble Lord, Lord Foulkes, because the position of...

Lord Adonis | 789 c1078 (Link to this contribution)

Can the noble and learned Lord explain to the House the difference between consensus and agreemen...

Lord Keen of Elie | 789 c1078 (Link to this contribution)

One has to be careful in the matter of language. We are at one with regard to the first part of w...

Baroness Hayter of Kentish Town | 789 c1078 (Link to this contribution)

We all hope that this agreement, or whatever word it is, is fixed soon, but it could be quite lat...

Lord Keen of Elie | 789 c1078 (Link to this contribution)

With respect to the noble Baroness, businesses affect individuals, so it is not appropriate to tr...

Lord Wallace of Tankerness | 789 c1079 (Link to this contribution)

I am grateful to the noble and learned Lord and I hear what he is saying about the duality princi...

Lord Keen of Elie | 789 c1079 (Link to this contribution)

At the present time, no, but we are only now undertaking the detailed negotiation of the withdraw...

Lord Cormack | 789 c1079 (Link to this contribution)

My noble and learned friend is being very honest with the Committee, but in a way that gives me s...

Lord Keen of Elie | 789 c1079 (Link to this contribution)

With respect, no, my Lords, because we are not in a position to guarantee that which has been arr...

Baroness McIntosh of Pickering | 789 c1079 (Link to this contribution)

My noble and learned friend is talking in the context of this being an international treaty that ...

Lord Keen of Elie | 789 c1080 (Link to this contribution)

With great respect to the noble Baroness, I think that I must respond to my noble friend Lady McI...

Baroness Ludford | 789 c1080 (Link to this contribution)

We have always understood that we cannot unilaterally guarantee in the context of what is now hap...

Baroness Ludford | 789 c1080 (Link to this contribution)

Yes, I would say to the sedentary noble Lord.

Lord Keen of Elie | 789 c1080 (Link to this contribution)

With respect to the noble Baroness—who I think invited me to drop all the mire; I am not sure wha...

Lord Keen of Elie | 789 cc1080-1 (Link to this contribution)

Perhaps I may make a little progress.

The noble Baroness, Lady Ludford, also raised the que...

Lord Wigley | 789 c1081 (Link to this contribution)

I am grateful to the noble and learned Lord and I am following what he is saying. Is he in fact c...

Lord Keen of Elie | 789 c1081 (Link to this contribution)

No, my Lords, there will not be two classes of citizens. Let us take a simple example. If I hold ...

Lord Foulkes of Cumnock | 789 c1081 (Link to this contribution)

Will the noble and learned Lord clarify a point raised earlier by the noble Lord, Lord Wigley? Wh...

Lord Keen of Elie | 789 c1082 (Link to this contribution)

Gibraltar is an overseas territory whose people hold UK citizenship. However, if they do not reta...

Lord Foulkes of Cumnock | 789 c1082 (Link to this contribution)

As I understand it, they can get a Spanish passport if they so wish, although I do not think that...

Lord Keen of Elie | 789 cc1082-3 (Link to this contribution)

This seems to confuse a number of different issues because the parallels are the same as those in...

Lord Liddle | 789 c1083 (Link to this contribution)

If, as I am sure we both do not want, the withdrawal agreement is not reached, what then happens ...

Lord Keen of Elie | 789 c1083 (Link to this contribution)

With respect, if there were no agreement, then it would be for this sovereign Parliament to decid...

Lord Patten of Barnes | 789 c1083 (Link to this contribution)

I wonder if I could put one point to the noble and learned Lord before he sits down. As ever, wha...

Lord Keen of Elie | 789 c1083 (Link to this contribution)

I am most obliged to the noble Lord, if only for the compliment. As I sought to explain, we have ...

Lord Adonis | 789 c1083 (Link to this contribution)

Does the noble and learned Lord envisage that Her Majesty’s Government might resile from any of t...

Lord Keen of Elie | 789 c1083 (Link to this contribution)

I do not even imagine that Her Majesty’s Government would wish to do anything of the sort.

Lord Foulkes of Cumnock | 789 c1084 (Link to this contribution)

My Lords, one of my comrades, if I may use that word in this place, commented that I was unduly b...

Lord Bilimoria | 789 c1084 (Link to this contribution)

I thank the noble Lord for giving way. Could he add that European Union citizens will be allowed ...

Lord Foulkes of Cumnock | 789 c1084 (Link to this contribution)

Indeed, and as I understand it, if I read the Evening Standard right, they are going to send a ve...

Lord Adonis | 789 c1084 (Link to this contribution)

Before my noble friend concludes, does he share my concern about what the Minister said about the...

Lord Keen of Elie | 789 c1084 (Link to this contribution)

It is unusual for me to intervene, but I feel that if the noble Lord is going to make statements,...

Lord Foulkes of Cumnock | 789 cc1084-5 (Link to this contribution)

It is a very interesting point, and the noble Lord, Lord Patten, highlighted it in his interventi...

Lord Kerr of Kinlochard | 789 c1085 (Link to this contribution)

Does the noble Lord agree that although on the legalities we have heard an extremely lucid explan...

Lord Foulkes of Cumnock | 789 c1085 (Link to this contribution)

I am obliged to the noble Lord, Lord Kerr of Kinlochard, for pointing out that although the Minis...

Lord Mackay of Clashfern | 789 c1085 (Link to this contribution)

It is worth pointing out that these citizens have existing rights by law in this country, and tha...

Lord Foulkes of Cumnock | 789 c1085 (Link to this contribution)

The noble and learned Lord is a distinguished lawyer and had great distinction as the Lord Chance...

Lord Mackay of Clashfern | 789 c1085 (Link to this contribution)

That does not appear to be entirely relevant to the present debate and it is a bit late anyway. I...

Lord Foulkes of Cumnock | 789 c1086 (Link to this contribution)

I think now it would be appropriate for me to beg leave to withdraw my amendment.

Lord Bassam of Brighton | 789 c1086 (Link to this contribution)

Moved by

Lord Bassam of Brighton

51: Clause 6, page 3, line 33, at end insert “subjec...

Lord Bassam of Brighton | 789 cc1086-7 (Link to this contribution)

My Lords, I rather hope that the modest amendments in my name do not take the House two hours to ...

Lord Goldsmith | 789 cc1087-8 (Link to this contribution)

My noble friend is absolutely right that this is not a small or insignificant matter. It is an im...

Baroness Goldie | 789 cc1088-9 (Link to this contribution)

My Lords, this may have been a short debate but it concerns a significant issue, and I am gratefu...

Lord Goldsmith | 789 c1089 (Link to this contribution)

I apologise for not having properly identified the noble Baroness, Lady Goldie, as the Minister r...

Baroness Goldie | 789 c1089 (Link to this contribution)

I thank the noble and learned Lord for his point, but I am afraid my response is going to be slig...

Lord Bassam of Brighton | 789 cc1089-1090 (Link to this contribution)

I am grateful to the Minister for her response. She partly satisfied my concern, but not wholly. ...

Lord Pannick | 789 c1090 (Link to this contribution)

Moved by

Lord Pannick

55: Clause 6, page 3, line 34, leave out subsection (2) and ins...

Lord Pannick | 789 cc1090-2 (Link to this contribution)

My Lords, the two amendments in this group address the important question of the weight, if any, ...

Lord Foulkes of Cumnock | 789 c1092 (Link to this contribution)

My Lords, there is little to add to the excellent introduction made to these amendments by the no...

Lord Neuberger of Abbotsbury | 789 cc1092-5 (Link to this contribution)

My Lords, Clause 6 is concerned with the issue of how the large body of retained EU law is to be ...

Lord Adonis | 789 c1094 (Link to this contribution)

The noble and learned Lord has made a number of strong statements to the Committee about the impa...

Lord Neuberger of Abbotsbury | 789 c1094 (Link to this contribution)

I suspect that the noble Lord, Lord Pannick, whose amendment it is, is better placed to answer. M...

Lord Hope of Craighead | 789 c1096 (Link to this contribution)

My Lords, I hesitate to follow the very careful analysis of the noble and learned Lord, Lord Neub...

Lord Hope of Craighead | 789 c1096 (Link to this contribution)

Not at all. It is curing the curate’s egg and producing an acceptable piece of guidance which has...

Lord Hope of Craighead | 789 cc1096-7 (Link to this contribution)

No, this is analysis. Let me explain what I would like to do.

I quite like the words of Cla...

Lord Foulkes of Cumnock | 789 c1097 (Link to this contribution)

Would Amendment 55 tabled in my name and that of my noble friend Lord Adonis not deal with the no...

Lord Hope of Craighead | 789 c1097 (Link to this contribution)

I am very grateful to the noble Lord and I apologise for not having paid due regard to that formu...

Lord Judge | 789 c1097 (Link to this contribution)

My Lords, perhaps I may add a few words, simply because of the devoted affection in the Bill for ...

Lord Faulks | 789 c1098 (Link to this contribution)

My Lords, I rather agree that “appropriate” is not particularly desirable. I wonder whether putti...

Lord Hope of Craighead | 789 c1098 (Link to this contribution)

Does the noble Lord have any reaction to the point made by the noble Lord, Lord Pannick, about th...

Lord Faulks | 789 c1099 (Link to this contribution)

I take that point from the noble and learned Lord. I wait to hear from the Minister why he consid...

Lord Adonis | 789 c1099 (Link to this contribution)

My Lords, my noble friend Lord Foulkes and I are basking in the judicial praise we have received ...

Lord Pannick | 789 c1099 (Link to this contribution)

There is no doubt that there has to be judicial discretion, the question is the extent to which g...

Lord Adonis | 789 c1099 (Link to this contribution)

The word “relevant” does not, in any normal meaning of the word, mean legally relevant, any more ...

Lord Foulkes of Cumnock | 789 c1099 (Link to this contribution)

My Lords, can I make a confession before we go further? I cannot claim credit for the wording of ...

Lord Beith | 789 c1100 (Link to this contribution)

My Lords, if the noble Lord, Lord Adonis, is wondering why the word “appropriate” does not fit in...

Lord Hope of Craighead | 789 c1100 (Link to this contribution)

My Lords, with respect to the noble Lord, Lord Adonis, what the noble Lord, Lord Pannick said in ...

Lord Goldsmith | 789 cc1100-1 (Link to this contribution)

My Lords, given the time, it may be relevant, appropriate or even helpful to try to wind up this ...

Lord Beecham | 789 c1101 (Link to this contribution)

Does my noble and learned friend agree that, in all fairness, the noble and learned Lord, Lord Ke...

Lord Goldsmith | 789 c1101 (Link to this contribution)

I am grateful for that unexpected intervention from my own Front Bench, but I am happy to take th...

Lord Keen of Elie | 789 cc1102-3 (Link to this contribution)

My Lords, I, too, am grateful to the noble Lord, Lord Beecham, for making that point. I would add...

Baroness Ludford | 789 c1103 (Link to this contribution)

I know I will not be popular by holding things up, but the Minister was specifically asked if he ...

Lord Keen of Elie | 789 c1103 (Link to this contribution)

I am not going to elaborate at this stage because, as I say, the Government are going to go away ...

Lord Pannick | 789 cc1103-4 (Link to this contribution)

I am very grateful to the Minister for that encouraging response, and I am grateful to the noble ...

Lord Goldsmith | 789 c1104 (Link to this contribution)

Before the noble Lord withdraws his amendment, as I suspect he is going to do, can I ask him to c...

Lord Pannick | 789 c1104 (Link to this contribution)

I entirely agree with the noble and learned Lord. I think I said in opening this debate that it i...

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