Over the past weeks, there has been heated debate (and demonstration) on the issue of whether EU citizens should be given an assurance by government on their right to stay in the UK after Brexit. Yesterday, breaking political news took place as peers in the House of Lords resumed their debate on the Article 50 Bill regarding the rights of EU nationals who want to remain in the UK after Brexit. It had already been assumed that the Conservative government was ‘likely to be defeated in the House of Lords over the issue of securing the rights of EU citizens‘. While there is a majority of 252 Conservatives seated in the House of Lords, Labour counts to 202 and Liberal Democrats 102, which means when they unite they are able to win a Lords’ vote against Conservatives. Nevertheless, Home Secretary Amber Rudd tried her best in a ‘last minute plea’ in yet another letter to peers on Tuesday, warning that British citizens abroad ‘could end up facing two years of uncertainty’ if we were to make a ‘one-sided guarantee‘.
Figure: Angela Smith, Labour Leader in the Lords, responds to Home Secretary’s plea (Source: The Guardian)
As the second day of the Committee Stage debate began, the main focus of discussion was on amendment 9b, which aims to protect the rights of EU citizens after Brexit. 
Figure: Amendment 9b from the List of Amendments
The amendment had been voted against earlier this month in the House of Commons, sparking backlash from both sides. Many EU citizens and their supporters as well as some media outlets raised concerned with the unwelcoming climate, which may ultimately lead to a brain-drain exodus regardless of what Government decides; while those against the amendment, knowing the House of Lords was likely to stir controversy, raised issues about them being an unelected body.
Meanwhile, the Guardian/ICM polls suggest that the public are split on the issue, with 42% believing that EU citizens should not be given assurances prior to Brexit, and 41% believing they should – perhaps echoing the Referendum vote results.
Many predicted that the House of Commons vote against guaranteeing rights would be contested by the House of Lords, and that is exactly what happened. Last night, the ‘The House of Lords voted overwhelmingly in favour of an amendment demanding the government safeguard the rights of EU nationals already living in Britain post-Brexit‘ (link to video). The full transcript can be accessed here.
Figure: Amendment 9B vote
As shown above, the amendment was passed by the Lords with a majority of 102 votes. Should this amendment stick, it means that ministers are required to act towards guaranteeing EU citizen rights within a three month period after instigating Article 50.
This morning, The Independent reported that as a result to the Lords’ vote, when the ‘controversy returns to the Commons’, it will spark a ‘huge revolt’. Indeed, it continues, ’30 Conservative MPs are ready to vote to give 3m EU nationals the right to stay in Britain after Brexit’. Independent crossbencher Baroness Molly Meacher is reported to have said,
I believe it can be won in the Commons on the basis of morality and principle – and Tories are principled people in general.
Yet further reports suggest that the Prime Minister plans to trigger Brexit despite the vote. The Telegraph has suggested that ‘the Prime Minister is confident the amendment will be rejected by the Commons later this month, and Downing Street insisted the timetable for Brexit “remains unchanged”.’ Former Chancellor Lord Lamont told The Telegraph that the vote is ‘completely irrelevant’ and that it ‘is not going to have an effect…because it will be overturned by the Commons and rightly so’.
The Department for Exiting the EU has responded:
“We are disappointed the Lords have chosen to amend a Bill that the Commons passed without amendment. The Bill has a straightforward purpose – to enact the referendum result and allow the government to get on with the negotiations.
“Our position on EU nationals has repeatedly been made clear. We want to guarantee the rights of EU citizens who are already living in Britain, and the rights of British nationals living in other member states, as early as we can.”