European Union (Notification of Withdrawal) Bill

Debate between Lord Cormack and Lord Brown of Eaton-under-Heywood

Ping Pong (Hansard): House of Lords
Monday 13th March 2017 Lords Chamber

[Lord Brown of Eaton-under-Heywood (CB)]

My Lords, I have no doubt whatever that Article 50 must be triggered, and triggered sooner rather than later, but equally I have no doubt about the merits of Motion A1. I supported it before, as did 358 Members of this House—a majority of 102.

Most of the decisions that we take in this House are nicely balanced. This one, I suggest, is perfectly clear and the arguments are compelling. No one doubts the need for the EU nationals who are already lawfully here to remain here for the sake of academia, the health services, the care services, the building industry—note what my noble friend Lord Kerslake said in Committee—and so forth, and no one doubts that those whom we most need to stay are starting to bleed away. We should remember what the noble Lord, Lord Winston, said in Committee about the medics, and read the letter in today’s Times from the academics at Oxford.

The Government say that this assurance is unnecessary and that in fact there is no possibility of our ever wanting to deny these people their present rights, let alone deport them. Of course, logically that is indeed so but, as the haemorrhaging of this group shows, the perception among those affected is, perhaps unsurprisingly, different. Then it is said—it was said by the noble and learned Lord, Lord Mackay of Clashfern, in Committee—that fairness demands that all expatriate EU nationals are treated identically and that no assurance should be given to those here until reciprocal assurances are given to our citizens in the other member states. I would give three answers to that suggestion.

First, as the noble Lord, Lord Hannay, and others pointed out in Committee, those representing UK nationals in other EU states positively support our giving this assurance, and they believe—rightly, I suggest—that their case will be strengthened, not weakened, by our now taking this initiative. As the noble Lord, Lord Bowness, said in Committee,

“a generous gesture, freely given”,—[Official Report, 1/3/17; col. 835.]

will assist in creating a good climate for the start of these negotiations with the other 27 nations, difficult though they will be, as the noble Lord, Lord Davies, has again emphasised today.

Secondly, the stronger the Government’s argument that no assurance is necessary because EU nationals here are desperately needed for our economy and health service and so forth, and therefore they face no risk of losing these rights, the weaker the argument that there is an advantage in keeping the future of the EU nationals here in doubt for the purpose of negotiating our nationals’ future abroad. In short, even if other member states chose not to allow our UK nationals to remain there—and we can understand that in some instances the case for that is rather less compelling than our need to keep EU nationals here—we would still want to keep their nationals here.

Thirdly, it is hardly surprising that the other states are refusing to discuss this issue until we trigger Article 50. However, it is the UK’s decision to pursue Brexit—sensible or not, and there are obviously different views on that—that has precipitated this crisis and created the uncertainty and insecurity felt by this group. I suggest that we can and should allay their fears at the same time as we trigger Article 50. This clause would not delay it—

[Lord Cormack (Con)]

The noble and learned Lord knows that I agree with much of what he is saying but that is not the issue tonight. The issue tonight is whether we recognise our constitutional limitations and whether we fly in the face of what the Commons, having been given the opportunity to reconsider, has now decided emphatically. As a great constitutionalist, which the noble and learned Lord is, I hope he will agree with that.

[Lord Brown of Eaton-under-Heywood]

In broad terms of course I agree. I have never previously voted against a Government on ping-pong. I do not know how often my noble friend plays ping-pong but is it really so very exceptional to keep a rally going beyond two strokes? I suggest not, and I suggest that we do it here.

Psychoactive Substances Bill [HL]

Debate between Lord Cormack and Lord Brown of Eaton-under-Heywood

Tuesday 23rd June 2015 Lords Chamber

[Lord Cormack]

I said that it had some of the ingredients of a wrecking amendment because it would delay by at least a year the implementation of legislation that many believe to be urgent and necessary.

[Lord Brown of Eaton-under-Heywood (CB)]

My Lords, I am puzzled. Somebody has lost the plot and it is probably me. I do not see why this has to delay the legislation at all. I follow that in this group, Amendment 115—the last one—would indeed delay the legislation. It involves an insertion into Clause 57, which is about commencement. However, I do not think that applies to any of the other amendments. On the face of it, Amendment 5 seems to demand the implementation of the Bill. How would one review its implementation under proposed new subsection (1)(b), except by bringing it into force and letting it go ahead? Unless someone can explain why Amendment 115 within this group necessarily has to be passed, I do not see that any delay at all is involved.