European Union (Withdrawal) Bill

(Limited Text - Ministerial Extracts only)

Committee: 1st sitting (Hansard - continued): House of Lords
Wednesday 21st February 2018 Lords Chamber

As has been alluded to by previous speakers, if we do not have either amendments or framework agreements, or evidence of the fruits of conversation, by the time scheduled for the discussion of Clause 11, I suggest that that discussion should not be taken in the place presently allotted to it but be delayed. When Clause 11 comes before us, I do not want to be saying, “The Joint Ministerial Council is meeting tomorrow”. I hope the Minister will recognise that this is not an inappropriate request in the circumstances. With that, I shall simply wait, as will we all before we go to our beds and our Horlicks, for the Minister’s response.

[The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)]

I thank the noble Lord, Lord Griffiths, for his comments and I agree that this matter is totally within the scope of the Bill. I will do what I can to satisfy his requests, but I will probably not be able to satisfy all Members of the House. I understand the frustration on this, but let me take the Committee through our position and where we hope to be when the Committee gets to discuss Clause 11.

We have sought legislative consent from the Scottish and Welsh Governments, and it remains our priority to make a positive case in favour of that legislative consent for this important legislation. That is why we committed to work with the devolved Administrations to find a way forward on Clause 11, and to bring forward an amendment in this House. We will debate Clause 11 fully in Committee, and we will table government amendments before then for noble Lords to consider. Although, without an Executive, there is no way to seek legislative consent in Northern Ireland, the Secretary of State for Northern Ireland is working hard to restore devolved government there as soon as possible. We are committed to working to ensure that Northern Irish interests are represented in the meantime. We have explicitly recognised the role of the Sewel convention in the Wales Act 2017 and the Scotland Act 2016. We also have a strong track record on devolution. I make it clear to noble Lords that we are committed to the devolution settlements and the conventions that have been established.

But these amendments go further than Sewel; as my noble friend Lord Forsyth pointed out, they would prevent this Parliament exercising its sovereignty. They would require this Parliament to seek consent to legislate in some cases that are not within devolved responsibility and do not affect devolved competence. We believe in the importance of this Bill, which is in the interests of the whole of the UK, and will work to deliver it together with the devolved institutions. But it is also not right that one part of the United Kingdom can hold a veto over the decision taken, in the referendum, by the whole of the United Kingdom and risk the certainty this Government are committed to providing.

Let me address directly some of the points that were raised. The noble Lord, Lord Foulkes, asked about progress on Clause 11 and the Joint Ministerial Committee. The Scottish and Welsh Governments asked us to work with them to amend Clause 11, and that is exactly what we have been doing. Officials have worked extensively on proposals and Ministers discussed these in their recent bilaterals in February. We have preserved the space to engage in meaningful discussion and sought to reach agreement with the devolved Administrations. We have not yet tabled an amendment precisely because those discussions still continue. Our proposed amendment will be discussed, as a number of noble Lords have pointed out, at the Joint Ministerial Committee on EU Negotiations tomorrow.

In response to the points made by the noble Lord, Lord Foulkes, but also by the noble Lord, Lord Thomas, and the noble and learned Lord, Lord Wallace, we are fully committed to the JMC process as well as to increasing our bilateral engagement between meetings to strengthen relations. Since the referendum, we have had six JMC meetings and, as I have already mentioned, it will meet again tomorrow. In addition, officials are meeting weekly in order to try to take forward the proposals.

[Lord Wallace of Tankerness]

The Minister said there have been six meetings since the referendum. Given that at the first meeting of the Joint Ministerial Committee on EU Negotiations the communiqué said that they would meet on a monthly basis and that was in November 2016, by my calculation there have been several more months than six since then. Can the Minister tell us how many official meetings took place between February and October 2017?

[Lord Callanan]

I do not have information about how many official meetings have taken place. I understand that officials are meeting extensively. They are in regular contact. I am told by my officials that contact with officials in the Scottish and Welsh Governments and discussions are extremely positive. That is not the same as getting political agreement, but we are endeavouring to do that. Proposals have been tabled, after extensive discussion, for the meeting tomorrow. We hope there will be agreement. I obviously cannot guarantee that, but we hope there will be. We remain committed to obtaining legislative consent Motions if possible, and we will continue that dialogue in an effort to do that. That is the responsible way to proceed, but I totally understand the frustration expressed from all parts of the Committee that we do not yet have that agreement. We want to get that agreement. We are endeavouring to get that agreement. We will do our best to get it, but we will table amendments for this Committee to consider before we get to Clause 11.

[Lord Forsyth of Drumlean]

Given the difficulties, which are understood, of getting agreement to one legislative consent Motion, can the Minister give us an assurance that whatever amendments he tables will not require us to have legislative consent to even more Motions?

[Lord Callanan]

I am not quite sure I understand that point. I do not think we can give that assurance at the moment. I will have to have a separate discussion with my noble friend on that point.

[Lord Thomas of Gresford]

What happens if there is no agreement tomorrow? Will the Government’s amendment, the one that they are putting to the Joint Ministerial Committee tomorrow, be published so that we can look at it and so that informed opinion throughout the country, throughout Wales, throughout Scotland, can look at it and comment on it and so that we can see where the problem is? At the moment, it is all obscure. As my noble and learned friend said, there is no transparency whatever in this process. What happens if there is no agreement tomorrow?

[Lord Callanan]

As I said, we will be bringing forward the amendment at the same time that Members of this House have an opportunity to view it. The public at large will be able to comment on it and discuss it, and I am sure there will be extensive comment on it in the media at that time. The reason we have not published so far is that we want to preserve space for discussion and to try to have the discussions with our colleagues in Scotland and Wales and with officials in Northern Ireland in as confidential an atmosphere as possible. The discussions are positive and are proceeding apace. I cannot guarantee that there will be agreement, but we want that agreement and are working to it. We have compromised on many aspects. As soon as we are able to, we will share it with this House. We will definitely be producing an amendment before Committee. I totally understand noble Lords’ frustrations, but we are endeavouring to produce a solution to this difficult issue as quickly as possible.

[Lord Elystan-Morgan]

In order that the Joint Ministerial Committee should enjoy its full status, does the Minister accept that it would be desirable if minutes were kept of its meetings, if an agenda were to be published and if it were indeed to agree to meet at least monthly?

[Lord Callanan]

I understand the noble Lord’s question. I am not a member of the committee; it is handled not by my department but by the Cabinet Office. I will write to the noble Lord giving him details of what agendas are published and whether they are shared with other departments. I do not know the exact format, but I will contact him with it.

With those assurances in mind—limited assurances, I fully accept—I would be grateful if the noble Lord, Lord Foulkes, agreed to withdraw his amendment.

--- Later in debate ---

[Lord Adonis]

My Lords, it is not part of the human condition to think that institutions are marvellous. They can always be improved. But I did not take the noble Viscount’s clarification to be raising the banner for abolishing Euratom because there were going to be such great advantages to the public from us—in the words of the noble Lord, Lord Bridges, to the House a few weeks ago—walking the “gangplank into thin air”.

However, I have a specific question for the Minister. Can he confirm to the Committee that Her Majesty’s Government can withdraw the notice of withdrawal from Euratom under Article 106a of the Euratom treaty and that they can do that unilaterally? As he knows, I am slightly persistent in these matters. I always thought that part of the argument from those who were in favour of Brexit was that we were going to restore the sovereignty of Parliament. It is not too much to expect that Parliament should be able to see and study the legal advice on which Ministers make decisions. I ask him yet again whether he will make available to the House before Report the legal advice which his department has on the legal basis on which the Government can act in withdrawing the notice of withdrawal under Article 106a of the Euratom treaty.

[Lord Callanan]

My Lords, once again I thank noble Lords for an excellent debate on this important issue. I will respond to the point raised by most people who spoke—certainly the noble Lords, Lord Hunt, Lord Warner, Lord Teverson, Lord Carlile, Lord Liddle and Lord Adonis—about the reasons for leaving Euratom.

The Euratom treaty is legally distinct from the European Union treaty but it has the same membership, which includes all 28 member states, and makes use of the same institutions. There are no precedents for a non-European Union member state being a member of Euratom.

Noble Lords will recall that the decision to leave Euratom formed part of both Houses’ consideration of the European Union (Notification of Withdrawal) Bill, which is now of course an Act. Noble Lords spoke at that time about the unique nature of the relationship between the separate treaties of the European Union and Euratom. As the European Union and Euratom are uniquely legally joined, when we formally notified our intention to leave the European Union we also commenced the process for leaving Euratom.

[Lord Liddle]

The Minister mentioned that it was a parallel European institution. Before we gave that notice, did we actually ask other members whether we could remain in Euratom as a non-EU member?

[Lord Callanan]

It is not a matter of getting a political opinion on this. It is the legal position, as I have set out. When we formally notified our intention to leave—

--- Later in debate ---

[Lord Warner]

Before the Minister resumes, can I pursue this issue? The industry is very clear in its legal views, which it is prepared to put in the public arena, that we do not have to leave Euratom if we leave the EU. Have the Government discussed that issue with the industry and what the reasons are for its difference of legal view from the Government’s legal view?

[Lord Callanan]

My Lords, there has been extensive discussion and liaison between ourselves and industry. I will come on to discuss that shortly but we remain of the opinion, as I said, that when we formally notified our intention to leave the European Union we also commenced the process for leaving Euratom. Having said that, we are determined to continue to have a constructive, collaborative relationship with Euratom. The UK is a great supporter of Euratom and will continue to be so. I am grateful to the noble Lord, Lord Adonis, for his efforts to help me save face—even at 2.30 am—but I regret that I will not be able to give him what he requires this evening.

Let me go on to discuss the details of Euratom and our other plans. I will go into it in some detail, if that is okay with noble Lords, despite the late hour. As the Government have made clear, the UK’s future relationship with EU agencies, including those under the Euratom treaty, is a matter for negotiations. I will come on to the point of the noble Lord, Lord Whitty, later. Requiring the Government to publish a report in advance of negotiations concluding would be neither helpful to Parliament nor in the national interest. As soon as negotiations have concluded, the Government have committed to hold a vote on the final deal in Parliament. This vote will cover both the withdrawal agreement and the terms of our future relationship, and provide Parliament with the opportunity to scrutinise the outcome of negotiations at the appropriate juncture.

In the interests of transparency and providing as much certainty as possible, we took steps during the Commons passage of this Bill and the Nuclear Safeguards Bill to set out our strategy in a Written Statement on 11 January. That Statement made it absolutely clear that the UK will seek a close and effective association with Euratom in the future, and that we are putting in place all measures to ensure that the UK can operate as an independent and responsible nuclear state from day one. This is vital to ensure continuity for industry, whatever the outcome of the negotiations. As noble Lords will be fully aware, the nature of our future relationship with Euratom is part of the next phase of negotiations that has yet to start.

The Statement set out the principles on which our strategy is based: to aim for continuity with current relevant Euratom arrangements; to ensure that the UK maintains its leading role in European nuclear research; and to ensure that the nuclear industry in the UK has the necessary skilled workforce. We will be seeking a close association with Euratom’s research and training programme, including the Joint European Torus and the International Thermonuclear Experimental Reactor projects. We will also seek continuity of trade arrangements to ensure that the nuclear industry can continue to trade across EU borders. Finally, we will seek to maintain close and effective co-operation with Euratom on nuclear safety.

While we have made clear that we will indeed be seeking such an association, it is also essential that we have our own safeguards regime ready to come into place when Euratom arrangements no longer apply in the UK, whatever the outcome of the next phase of EU negotiations on our future relationship. It may be helpful to explain the meaning of nuclear safeguards to inform our discussion of this important but rather technical issue. Nuclear safeguards are non-proliferation reporting and verification processes which states use to demonstrate to the international community that civil nuclear material is not diverted into military or weapons programmes. The UK applies nuclear safeguards because it is a responsible nuclear power. Nuclear safeguards are different from nuclear safety and nuclear security. Civil nuclear safeguards reporting, by assuring the international community about the proper use of certain nuclear materials, underpins international civil nuclear trade.

--- Later in debate ---

[Lord Carlile of Berriew]

I am grateful to the Minister for the explanation that he has given on the issue of medical isotopes. Can he give us one further piece of information? How many meetings have actually taken place so far in an attempt to negotiate with the EU the continuity of the system of importing and exporting medical isotopes from the UK and from the EU?

[Lord Callanan]

I am afraid I do not have those figures to hand. I cannot tell him how many meetings there have been.

[Lord Carlile of Berriew]

Have there been any?

[Lord Callanan]

I can say that there has been extensive dialogue and discussion with both our EU partners and international partners at official and ministerial level. I can write to him with the exact number, which I can discover.

[Lord Warner]

Could the Minister respond to a question before he moves on to the important amendment by the noble Lord, Lord Whitty? I stopped believing in Father Christmas and in the tooth fairy some years ago. Can he explain why he thinks there will be a warm working relationship between Euratom and a country that has abruptly and unilaterally withdrawn one-quarter of its budget?

[Lord Callanan]

I am sorry that the noble Lord no longer believes in Father Christmas. I think there will be a warm relationship for the same reason that we will have a good trading relationship with the EU: because it is manifestly in the interests of both sides to do that.

The amendments from the noble Lord, Lord Whitty, would require the Government to publish a report on how we will engage with a number of EU and Euratom agencies before negotiations had concluded. We believe this would be neither helpful to Parliament nor in the national interest. I can tell him that as soon as negotiations have concluded, we are committed to holding a vote on the final deal in Parliament, and this vote will cover both the withdrawal agreement and the terms of our future relationship, including of course our relationship with various EU agencies.

I hope that I have addressed noble Lords’ concerns expressed through the amendments and that the noble Lord will therefore feel able to withdraw the amendment.

[Lord Adonis]

My Lords, with respect, the Minister has not answered either of the two questions I put to him. He has not answered the question whether or not the Government are of the opinion that they can withdraw the notice of withdrawal under Article 106a of the Euratom treaty, and he has not told me whether or not the Government will publish or make available to the House in some abbreviated form the legal advice they have on this matter.

[Lord Callanan]

I can tell him that we are not going to withdraw our notification.

[Lord Adonis]

My Lords, with respect, that is not the question I asked him. I asked him what is the Government’s legal advice on their power to withdraw, which is a very different question.

[Lord Callanan]

I have given the noble Lord the answer he is going to get on that subject.

[Lord Adonis]

My Lords, with respect, that is not a good enough answer. When we return to this at Report, I fear that that it will simply be grist to the mill for all those noble Lords who feel that this is a colossal error that the Government will not even tell the House what power they possess to rectify the error which they have already committed.