The House of Lords is risking damage to the Brexit negotiations for no gain

One thing that is guaranteed in the House of Lords is a high standard of debate. What is not always certain is a sensible decision. This august institution lived up to both of these characteristics yesterday, as peers inflicted the first defeat on the Bill giving the Government the authority to trigger Article 50 and begin the process of leaving the EU.

A gallery of the great and good was on show, ranging from the Archbishop of York to former Cabinet ministers, ex-party leaders, erstwhile Whitehall mandarins and even TV presenters such as Labour peer Lord Bragg. The latter somewhat portentously likened the controversy over the rights of EU citizens currently in the country to the abolition of slavery 200 years ago. He extolled this country's record in welcoming minorities and lamented the way EU national were being used as "pawns in a government tragedy".

Other speakers spoke earnestly of the moral imperative of making a unilateral declaration to guarantee the rights of the 3.2 million EU residents in Britain. People should be used as "bargaining chips", they said. Indeed they should not. But the fact that Theresa May wanted this sorted out weeks ago, with the reciprocal rights of British nationals living in Europe similarly guaranteed at the same time. It was Angela Merkel who stymied that deal, maintaining that until Britain had signalled its intention to leave by triggering Article 50, no agreement was possible. 

Everyone agrees that EU residents should be treated properly and their current status underpinned. But the whole point of the Bill is to allow the Government to give notice of the UK's intention to leave, at which point a fair agreement on reciprocal rights can be struck with the rest of the EU. On procedural grounds this amendment, however well-intentioned, should not stand.

Moreover, it risks weakening Britain's hand in the forthcoming talks and, as Lord Strathcylde pointed out, makes no provision for one million of our own citizens living in the EU. Doubtless, peers felt better in themselves by defeating the Government; but they were grandstanding, with little thought given to the practicalities involved. The Commons debated this matter recently and decided to wait until Article is triggered before addressing the status of EU residents. The Lords should be guided by the elected chamber, which now needs to consider the matter afresh.