House of Lords and Brexit

This afternoon the House of Lords voted at Committee stage against the Government and in favour of an amendment to the European Union (Notification of Withdrawal) Bill. The amendment – one of many – was to add the following:

Within three months of exercising the power under section 1(1), Ministers of the Crown must bring forward proposals to ensure that citizens of another European Union or European Economic Area country and their family members, who are legally resident in the United Kingdom on the day on which this Act is passed, continue to be treated in the same way with regards to their EU derived-rights and, in the case of residency, their potential to acquire such rights in the future.

The debate was long and passionate. The chamber was packed – standing room only. I listened to the entire debate very carefully, but, when I went to speak, the House wanted to bring the debate to a conclusion and the Minister to respond; so, I missed my chance to add to the word count.

When it came to the division, I felt conflicted. I heard clearly the plea not to frustrate or delay the progress of the bill – or to compromise the Government’s freedom to negotiate once Article 50 has been triggered. However, I eventually voted for the amendment because I think the Government has not explained the reciprocal linking of the situations of EU nationals in the UK and UK nationals in the EU. We have some power in the case of the former, but none in the case of the latter.

Furthermore, and as I have questioned in the House before now, there is no bargain to be struck between the two parties. EU negotiators know (given that they watch the telly and read newspapers) that we cannot throw out EU immigrants already in the UK because much of our construction, academic, agricultural and NHS sectors would cease to function. On what ‘reciprocal basis’ do we think we can negotiate when our hand is already declared? The Government is right to refuse the language of “bargaining chips” because there are none – there cannot be a bargaining where a bottom line has already been assumed and articulated. Contrary to the assertions of some, there is no “equal footing” for the two groups.

One of the intriguing features of this debate for me was to try to listen through the ears of Angela Merkel or other Europeans. We do speak as if we are holding a private conversation. We spent over forty years telling European partners that they are corrupt, lazy and incompetent… and now we expect to get a great deal from them? Had France or Italy done what we are doing, we would have outstripped Merkel in our indignant “make them pay” calls.

Two other elements of the debate are worth moaning about, too. (a) The ‘moral high ground’ was claimed repeatedly. Yet, there is never any definition of what makes a position moral in the first place. What we usually mean is that the ground I stand on is moral, whereas the ground you stand on is not. This is a poor – and rather grandstanding – way of conducting a moral argument. (b) The language of ‘moral gesture’ was used by several speakers, and I know what they mean. But, Parliament is there to do moral good, not to make gestures. This way lies trouble.

That said, I voted for the amendment as the whole purpose of the House of Lords is to scrutinise and question, sending stuff back for further perusal by the Commons. This amendment will not slow down the triggering of Article 50 and will not ultimately frustrate the Government’s will (although the mass of correspondence – most of which I simply could not respond to – was divided on what was morally imperative and how I would be personally judged in the matter). But, it does make a statement that our democratic institutions should not bow to unconvincing arguments about process, and have the duty to raise questions of moral purpose … even where the language of such gets messed about.

EU nationals in the UK need reassurance and security now. I cannot see any reason why they should not be given it – in their interests and in the interests of the country.

The bill will now go back to the House of Commons where (I expect) the amendments passed in the Lords will be resisted; it will then return to the Lords quickly, and we will see what happens.

Beware the Ides of March…

 

House of Lords: Brexit

Before resuming debate on the European Union (Notification of Withdrawal) Bill the House took four oral questions. Lord (Norman) Tebbitt, commenting on emissions of nitrous oxide from cars in London, was invited to “get on his bike”.

OK, you had to be there…

The final straight of the Brexit debate then resumed. I cannot speak in the debate because to do so I would have had to be in the chamber yesterday as well as today. (In a listed debate you have to be there for the beginning and the end of the debate, and this one is taking two full days – 184 speakers.)

Many speeches have been informed, passionate, realistic, pragmatic, principled and intelligent. Read the record in Hansard. But, the consensus is clear: the UK must leave the EU and the Government has to be given the power to trigger Article 50. However, there is not consensus about whether or not the House of Lords should allow itself to be intimidated into ducking its responsibilities under the constitution to scrutinise legislation that comes from the House of Commons. Threats to abolish the Lords if they dare to do their job is not worthy of a mature democratic discourse.

I think Lord Birt probably summed up what even many Brexiteers in the House believe, however reluctantly, when he began his speech last night as follows:

My Lords, I was a passionate remainer but I will vote to pass this Bill without a moment’s pause for we simply must respect the people’s choice. However, we are woefully underprepared for the gigantic challenges ahead.

There is no sense here – despite the slurs to the contrary – that peers wish to delay the inevitable, or that amendments are being put down in order to frustrate the “will of the people”. Assertion (that all will be well) is not the same as argument (for how best to ensure that it may be well). Amendments are intended to ensure that debate is had and questions addressed.

It is clear that the Lords will not stop Article 50 from being triggered. But, the central plank of the Brexit campaign – that parliamentary sovereignty be restored to “the people” of the UK – surely means that this parliament should be encouraged to do its job as part of the democratic process.

Does anyone really think that had the referendum gone the other way, the Leavers would have declared, “Well, the people have spoken and we must shut up, accept it and embrace membership of the EU without comment, demur or debate”?

“The people” include not only the 48% who voted to remain in the EU, but also those younger people who have (or will have before the two-year negotiation period is concluded) reached the magic age of suffrage – and will endure or enjoy the consequences of “the deal” that is done on their behalf. The people have spoken, but the concerns of nearly half of them also need to be heard as together we build the new country and settlement chosen by the majority in the referendum.

Despite all the bold assertions, “we are woefully underprepared for the gigantic challenges ahead”.