Ivory Bill

Debate between Lord Cormack and Lord Wallace of Tankerness

Report stage (Hansard - continued): House of Lords
Wednesday 24th October 2018 Lords Chamber

[Lord Cormack (Con)]

My Lords, I thank my noble friend for adding his name to some of the amendments that I tabled and for listening clearly and sympathetically to what was said in Committee. I had the privilege of a brief conversation with the noble and learned Lord, Lord Judge, yesterday and he told me that he was pretty well satisfied and very sorry that, because of the engagement to which my noble friend referred, he could not be with us this evening. I said that I would mention our conversation and his satisfaction was certainly influential as far as I am concerned.

I have not got the whole loaf that I asked for in Committee, and my noble friend will recognise that, but he has gone a long way to easing our concerns. I shy away from the idea of civilian accredited officers but I accept the logic of what my noble friend said a few moments ago and I am content. I only wish that he could have been as conciliatory and obliging on some of the other amendments that I moved on the Bill, but I realise that his room for manoeuvre was somewhat limited. I thank him very much and give my full support.

[Lord Wallace of Tankerness (LD)]

My Lords, as a member of the Constitution Committee I subscribed to the amendments which were moved by the noble and learned Lord, Lord Judge, in Committee and I was delighted to be able support the concerns that he articulated so well about these provisions, which the Government have addressed very fairly. They have gone a considerable way to meeting the concerns that were expressed in the Constitution Committee’s report.

I know from conversations that I have had with the noble and learned Lord, Lord Judge, that he has been very appreciative of the time and consideration that the Minister has given to these issues. We have here a set of amendments which very much address these concerns, in terms of the restriction of the powers of accredited civilian officers, the role of OPSS and the designation that will be forthcoming under the 2006 legislation. It is a very good model of how this House works where a Committee produces a report and the Government listen and engage and come forward with some substantive changes which acknowledge the concerns that were originally raised. I am happy to support the amendments.

European Union (Withdrawal) Bill

Debate between Lord Cormack and Lord Wallace of Tankerness

Committee: 5th sitting (Hansard): House of Lords
Wednesday 7th March 2018 Lords Chamber

[Lord Cormack (Con)]

My Lords, I deeply regret and resent the fact that we are having to discuss this and waste the House’s time. We had an opportunity at the beginning of the day to make an unequivocal declaration that we would grant these rights to EU citizens. We voted in that sense, a number of us spoke in that sense and we had a large majority in that sense. Yet here we are, arguing. Frankly, I agree that the amendment is necessary, but we are now arguing unnecessarily about something we could have taken the moral high ground over and dealt with immediately after we had activated Article 50. It is indicative of the mess into which we have got ourselves, and we are taking up so much parliamentary time that should be devoted to other things. I bitterly resent it and wanted to get that on the record.

[Lord Wallace of Tankerness (LD)]

My Lords, as someone who is a co-signatory of the amendment that was moved by the noble Lord, Lord Foulkes of Cumnock, I support what he said and also endorse what the noble Lord, Lord Cormack, said. This should be a no-brainer.

The United Kingdom Government have agreed with the European Union; the terms of that agreement were set out in paragraph 38 of the document of 8 December 2017, and the noble Lord, Lord Foulkes, has spoken them into the record. If one goes back to paragraph 33 of the same document, it is interesting to read that:

“It is of paramount importance to both Parties to give as much certainty as possible to UK citizens living in the EU and EU citizens living in the UK about their future rights. The Parties have therefore reached agreement on the following specific set of arrangements to implement and enforce the citizens’ rights Part of the agreement”.


Admittedly, a later paragraph suggests that the bestowing of or guarantee of rights will come in the withdrawal agreement implementation Bill, but if one reads the paragraph on the consistent interpretation of citizens’ rights, one will see that there is no such commitment there with regard to a future Bill. It would not be right for this Parliament to pass a Bill which cuts off recourse to the Court of Justice of the European Union when we have already agreed that that avenue should be open in this specific case of ensuring consistency in determining the rights of EU citizens living in the United Kingdom and UK citizens living in the European Union.

I say to the noble Lord, Lord Forsyth, that if at the end of the day there is no agreement and we go crashing out, surely he is not suggesting that we would not honour our commitment. We have made that commitment to European Union citizens living in the United Kingdom and United Kingdom citizens living in the European Union. It must send some very alarming signs to UK citizens living abroad if it is suggested that, should we go crashing out, nothing will be done to establish or secure the rights of those citizens—