Government defeated in Lords over rights of EU citizens post-Brexit

In a direct challenge to Theresa May’s plans to secure a bilateral deal to cover UK nationals, peers have backed motion calling for a unilateral guarantee by 358 to 256.

As a result, the amendment will now go back to the Commons, creating a dilemma for Tory MPs who have previously threatened a rebellion over the Government’s failure to offer a firm assurance to EU’s currently resident in the UK.

They were tonight facing calls to “search their consciences” and use the opportunity to “vote for something they actually believe in”.

The embarrassing defeat in the second chamber came as the International Trade Secretary warned a trade dispute between the UK and the rest of the European Union would be “politically irresponsible” and “dangerous” for the global economy. Speaking at a business conference in Germany, Liam Fox warned any attempts by either side in the Brexit negotiations to “wish failure” on the other would rebound because of the close links between the economies in the UK and EU.

It also came as the Prime Minister offered fresh assurances over her plans to trigger formal negotiations with the EU by the end of March. Responding to a question at PMQs, Mrs May told MPs: “People voted to ensure that we do leave the European Union, and that is what we will do.”

The cross-party amendment calls for EU nationals currently residing in the UK to be guaranteed the same rights to work and live here after the country has left the EU. It is a direct response to the Government’s repeated refusal to offer such guarantees itself without a reciprocal deal for British citizens living abroad.

A total of seven Tory peers backed the motion, with Viscount Hailsham becoming the first Tory peer to break ranks. Citing the “shock” felt in reaction to Idi Amin’s expulsion of Asian citizens from Uganda in the 1970s, he urged the Government to “make a unilateral decision”.

Addressing ministers he said: “I do ask your lordships to take the high moral ground and give reassurance to the millions who have made their home here in the expectation that they will continue to live and work here.

“The moral high ground is very often the best ground on which to fight a campaign”.

Among those who opposed the amendment was the Yorkshire peer and former MEP Lord Kirkhope. Explaining his position to the Yorkshire Post ahead of the debate, he argued that guaranteeing the rights of EU nationals unilaterally risked leaving Brits living abroad “without anything at all to protect them”.

Having played an active role in drafting the original Article 50 clause of the Lisbon Treaty, he also claimed it was only ever intended as a “leaver” to trigger the process of leaving. “It was not intended to be a whole set of terms and conditions of the leaving... therefore I don’t think its appropriate to have amendments of this kind,” he said.

Speaking in the chamber, the Archbishop of York the Most Rev John Sentamu, also expressed scepticism about the motion. He condemned the use of people as “bargaining chips, but suggested bilateral guarantees for both EU and UK citizens would be secured more quickly if formal negotiations are allowed to get underway.

However, the Lib Dem leader in the Lords and Yorkshire peer Lord Newby said the Government “now needs to think again over how it treats the millions of EU citizens living in this country”. He told reporters: “We’re appealing now to Conservative backbenchers in the Commons to vote for something they actually believe in... They’re the people who are going to have to search their consciences when it comes back there next week.”

The Bill will now go to report stage in the Lords next week before returning to the Commons.