Three Lords amendments related to rights of non-UK EU citizens were proposed yesterday.
Baroness Hayter's accepts the government's premise that this should be a subject for negotiations: it is not a unilateral, pre-negotiations guarantee.
Baroness Hamwee's replicates Harriet Harman's amendment (the JCHR formulation) which was rejected 332-290 in the Commons.
Lord Newby's is facially more protective: it sets no cut-off date and does not merely refer to 'residence rights'. Notably, ensuring that rights enjoyed by UK citizens living elsewhere in the EU are not affected is not in the unilateral gift of Parliament, so the latter part of the provision is horatory.
The full amendments read as follows:
BARONESS HAYTER OF KENTISH TOWN, LORD LENNIE, LORD HANNAY OF CHISWICK
“EU and EEA nationals resident in the United Kingdom"
In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must resolve to ensure that citizens of another EU or EEA country, who are legally resident in the UK on the day on which this Act is passed, are not disadvantaged in relation to their right to reside and work in the UK or their potential to acquire such rights in the future.
BARONESS HAMWEE, LORD WOOLF, BARONESS LAWRENCE OF CLARENDON, LORD KERSLAKE
“Rights of EU citizens resident in the United Kingdom"
Nothing in this Act shall affect the continuation of those residence rights enjoyed by EU citizens lawfully resident in the UK on 23 June 2016, under or by virtue of Directive 2004/38/EC, after the UK’s withdrawal from the EU
LORD NEWBY, BARONESS LUDFORD, LORD PADDICK, LORD OATES
“Effect of notification of withdrawal: EU citizens in the UK and UK citizens in the EU"
Nothing in this Act shall affect the continuation of those rights of residence and other rights enjoyed by EU citizens lawfully resident in the UK and UK citizens lawfully resident in the EU pursuant to EU law after the UK’s withdrawal from the EU.”
Read the full proposal here.