Retained EU Law (Revocation and Reform) Bill

Debate between Baroness Butler-Sloss and Lord Callanan

Committee stage
Thursday 2nd March 2023 Lords Chamber

[Lord Callanan (Con)]

I think I referred to that in an earlier part of my speech. I addressed Amendments 42 and 43, but it all comes back to this central point of the so-called accidental sunsetting that noble Lords have raised. The noble Baroness’s amendments propose to remove the sunset entirely and replace it with systems to individually revoke each piece of EU law. I did refer to that earlier, but I will look back at what I said and if I did not refer to that directly, I will write to her. The Government think that the sunset is appropriate. I entirely accept that many Members of this House do not, but the elected House of Commons certainly did, by large majorities.

I think that I have covered most of the points now. Noble Lords might not like the answers very much but that is the Government’s position.

[Baroness Butler-Sloss (CB)]

One issue that I have not understood the Minister to have dealt with is the issue raised by the noble Lord, Lord Deben, on democracy.

[Lord Callanan (Con)]

I think the noble Lord, Lord Deben, and I had a political difference on that point. He seems to think that secondary legislation is somehow undemocratic. If those making this complaint were to look back through Hansard to see whether they made the same complaint about the way that the law was introduced into UK law in the first place, I would have a little more sympathy with their argument. This is an essentially political disagreement about which is the most appropriate way to proceed. The Government have been elected with a big majority. One of the backbones of our programme was to get Brexit done.

Prepayment Meters

Debate between Baroness Butler-Sloss and Lord Callanan

Tuesday 24th January 2023 Lords Chamber

[Lord Callanan (Con)]

Because none of these matters is simple. We have called on the suppliers to impose a voluntary moratorium, and we are working with them to try to implement that, but, of course, if we do that there are other options for suppliers, involving bailiffs and various other methods of collecting debt that are also not to be recommended. These are difficult issues that we have to deal with. To get a warrant requires a process through a magistrates’ court and, if a person wishes to object, they can go along and get their case heard by a magistrate.

[Baroness Butler-Sloss (CB)]

My Lords, if the suppliers will not help, what are the Government going to do to help the people who cannot afford this?

[Lord Callanan (Con)]

The Government have put in place a considerable package of support, involving tens of billions of pounds of price support, which applies to prepayment customers as well as to others. Nobody denies that this is a difficult time, with energy prices being so expensive, but the noble and learned Baroness is well aware of the package of support that we have offered.

Carers: Unpaid Leave

Debate between Baroness Butler-Sloss and Lord Callanan

Tuesday 14th June 2022 Lords Chamber

[Lord Callanan (Con)]

On the noble Lord’s first comment, I am sure that the Opposition have a long list of Government Bills they would rather drop in favour of this one; let us take it as read that we can agree on that. The noble Lord makes a sensible suggestion, and I will certainly take it back.

[Baroness Butler-Sloss (CB)]

My Lords, will the Minister take this back to the department and say how strongly the House of Lords feels about it?

[Lord Callanan (Con)]

Yes, of course.

Russian Oil and Gas Imports

Debate between Baroness Butler-Sloss and Lord Callanan

Monday 7th March 2022 Lords Chamber

[Lord Callanan (Con)]

Yes, I am satisfied with the progress that this Government are making. It is disappointing that previous Governments did not take action on new nuclear urgently; should the noble Lord wish to follow the debate tomorrow, we will be in Grand Committee on the Nuclear Energy (Financing) Bill.

[Baroness Butler-Sloss (CB)]

My Lords, the Minister referred to sanctions against oil coming in through Russian tankers but I understand that oil is coming in through other tankers owned by other companies. What are the Government going to do about that?

[Lord Callanan (Con)]

That was indeed the point I made in response to the Question. We have banned Russian vessels but, at the moment, cargo can still be imported, in relatively small quantities, from other vessels. We are in urgent consultation with our allies on whether we can go further.

Climate Change: COP 26 Arrangements

Debate between Baroness Butler-Sloss and Lord Callanan

Thursday 12th March 2020 Lords Chamber

[Lord Callanan]

Of course my noble friend is quite right to point out that this is an important consequence of climate change. It is one of many different subjects that will need to be discussed both before and during the COP.

[Baroness Butler-Sloss (CB)]

My Lords, I declare an interest in that my grandson, aged 22, spoke at COP 25. What young people will be involved in COP 26?

European Union (Withdrawal Agreement) Bill

Debate between Baroness Butler-Sloss and Lord Callanan

Report: 2nd sitting (Hansard - continued) & Report stage & Report: 2nd sitting (Hansard - continued): House of Lords
Tuesday 21st January 2020 Lords Chamber

[Baroness Butler-Sloss]

My Lords, I have put my name to this amendment. A few days ago, we discussed Clauses 21 and 26, as referred to by the noble Lord, Lord Howarth, which people called a constitutional outrage. This is far, far worse. As a constitutional issue, Clause 41(1) takes the Government into realms which, in the years that I have been in this House, I have never seen before.

The noble Baroness, Lady Kramer, set out most of what I wanted to say, putting it rather better than I would have. There is not a great deal else to say, but if the Government are going to say, as I am sure they will, that they do not propose to use these powers, other than to a very limited extent, the short answer to that, speaking as a lawyer, is, “Why have them here?” Why put something so unbelievably wide, which could apply to any law enacted in the past until the end of this year, into the withdrawal Bill if they do not intend to use it?

As the noble Lord, Lord Howarth, said, it is not his—or my—intention to get rid of this objectionable clause but purely to alleviate it, so that if the Government require to make such provision in consequence of the Bill, at least we can look at it. If the Commons can get over its majority of 80, it could look more critically at the legislation to see whether it is really what is wanted and look, with the affirmative resolution, at what is being offered by the Government. Therefore, I support the amendment. It needs to be brought forward to both this House and the other place, because this Clause 41 really is beyond belief.

[Lord Callanan]

My Lords, we have reached the final amendment. I thank the noble Lord, Lord Howarth, and the noble and learned Baroness, Lady Butler-Sloss, for their comments and for setting out their positions. I understand the concern of noble Lords about the parliamentary procedure attached to the consequential power in Clause 41. We have already noted these concerns; noble Lords in other debates have raised them and we all read closely the reports of the Delegated Powers and Regulatory Reform Committee and the Constitution Committee. I addressed many of these points last week, when I spoke to the amendment in the name of the noble Lord, Lord Tope. I hope today to provide similar reassurances to the noble Lord, Lord Howarth. I agree with so many of his points on EU withdrawal, although perhaps not this one.

As noble Lords are aware, consequential powers are standard provisions in legislation, even legislation of great constitutional significance, such as the Scotland Act. If noble Lords look at Schedule 5 to the Bill, they will see that we have already included many of the consequential amendments required as a result of the Act. However, we also believe that we need a power to make further consequential provisions to the statute book.

I am aware that the noble Lord, Lord Howarth, yesterday asked for assurance about why the consequential power in Clause 41 is subject to the negative procedure. I understand the noble Lord’s concern but reiterate that the power is limited to making amendments that are consequential to the contents of the Act. Its scope is very different from the powers discussed over the last 10 days by my noble friends Lady Williams and Lord Duncan, which will be used to implement the withdrawal agreement. It is in everyone’s interest that the statute book functions effectively. Moving the consequential provision to the affirmative procedure would frustrate the ability of departments to make the necessary consequential changes before exit day and could lead to legal uncertainty. I hope noble Lords agree with me that this is not the appropriate course of action.

This procedure is limited to giving Ministers the power to make regulations that are in consequence of the Act, like consequential powers in many other pieces of primary legislation. This power will be construed strictly by the courts. It can be used only to make amendments that are appropriate to legislation in consequence of something that the Act does. I am sure noble Lords agree that the use of the negative procedure does not prevent parliamentary scrutiny taking place. Members of this House will still have the opportunity to pray against regulations, should they consider them inappropriate, as is usual for regulations of this kind. I hope I have provided the necessary reassurances to the noble Lord and that, as a consequence, he is able to withdraw his amendment.

European Union (Withdrawal Agreement) Bill

Debate between Baroness Butler-Sloss and Lord Callanan

Committee: 2nd sitting (Hansard continued) & Committee stage & Committee: 2nd sitting (Hansard continued): House of Lords
Wednesday 15th January 2020 Lords Chamber

[Lord Callanan]

It definitely concentrates the minds of both parties. As I said, it has been explicitly agreed in both the withdrawal agreement and the political declaration, as I have quoted, by us and the European Union.

It will ensure that we can move on with negotiating a future relationship with absolute clarity on the timetable. For this reason, the clause must stand part of the Bill. With regard to the questions of the noble Baroness, Lady Hayter, about the EEA and the Scottish Law Society, I will write to her.

[Baroness Butler-Sloss (CB)]

I am sorry to interrupt the Minister, but what has worried me in listening to this debate is what happens if there are impediments to negotiations from the other side which absolutely cannot be resolved by 31 December. Do the Government think that they may have to leave without a deal?

[Lord Callanan]

No. As I have just said, we very much hope that both sides will be able to reach an agreement. Both sides have committed to do so. I quoted the section in the political declaration whereby we and the EU have committed to getting the negotiations finalised and coming into force by the end of 2020.

Brexit: Options

Debate between Baroness Butler-Sloss and Lord Callanan

Monday 18th February 2019 Lords Chamber

[Lord Callanan]

My noble friend makes a good point, although the definition of a hard border is of course complicated; it is generally understood as being related to the installation of border infrastructure.

[Baroness Butler-Sloss (CB)]

My Lords, why are the Government not asking for an extension?

[Lord Callanan]

Because we do not believe that an extension would solve our problems; it would only delay the date by which a decision must be made. As I have said before, the legal default in legislation passed by both Houses is that we leave on 29 March, with or without a deal.

Brexit: Legislative Timetable

Debate between Baroness Butler-Sloss and Lord Callanan

Monday 7th January 2019 Lords Chamber

[Lord Callanan]

I accept the noble Lord’s clarification. We have submitted over 300 of them for the appropriate scrutiny, and the rest will be submitted for scrutiny in due course.

[Baroness Butler-Sloss (CB)]

My Lords, if we do actually crash out on 29 March, what happens to the Northern Ireland border?

[Lord Callanan]

I am not sure I like the noble and learned Baroness’s term “crash out”. We will leave on 29 March because we had a referendum on the subject and because Parliament, both in this House and the other, has voted on two occasions—in the notification of withdrawal Act and the withdrawal Act—for the UK to leave and for the referendum Bill to be approved. We, the European Commission and the Irish Government have made it clear that there will not be a hard border on the island of Ireland.

European Union (Withdrawal) Bill

Debate between Baroness Butler-Sloss and Lord Callanan

3rd reading (Hansard): House of Lords
Wednesday 16th May 2018 Lords Chamber

[Baroness Butler-Sloss (CB)]

I do not know which way to vote, so what the Minister is saying to the House is enormously important to me. Are we actually going to be able to have enforcement by the European Court of Justice until the moment of the completion of the implementation?

[Lord Callanan]

That is what has been agreed in the implementation period that we have agreed with the EU so far—but it will be the subject of legislation that we will be able to consider.

European Union (Withdrawal) Bill

Debate between Baroness Butler-Sloss and Lord Callanan

Committee: 10th sitting (Hansard): House of Lords
Monday 26th March 2018 Lords Chamber

[Lord Callanan]

I am not an expert on the legal ramifications of dominion status, so if the noble Lord will forgive me, perhaps I may write to him on that.

[Baroness Butler-Sloss]

My Lords, I thank all those who have taken part in this debate and the Minister for his partial reply. I recognise that nothing is decided until everything is decided. I concentrated on the business arrangements between the UK and Gibraltar because they are one of the major concerns. Of course, there are many other major concerns for Gibraltar, which is stuck in a very difficult position, but the one thing it has is good trade relations with the United Kingdom and a lot of business. That needed to be in at least the first stage of what would be done. It is not just gambling; it is also education, tourism and the other things that the noble Lord, Lord Luce, set out in his speech today.

It is good that, at least as between the United Kingdom and Gibraltar, there are clear guidelines and Gibraltar has protection. We know—I am very grateful to other speakers for having raised these issues—that the position of Gibraltar is extremely precarious vis-à-vis the EU. In relation to migrants, I understand that Gibraltar wants as many as come across the border daily, mainly from La Línea, to work. It is up to Spain whether it lets them come through. It is not up to the Gibraltar Government, who welcome them. As has been said, I think by the noble Lord, Lord Luce, 13,000 people a day go through, 10,000 of whom are from Andalusia and are Spanish workers. It is very much to the detriment of Spain if it does not allow them through. It was, of course, La Línea and the southern part of Andalusia that really suffered when Spain closed the border for some 15 years.

So, there are reasons why Spain might be sensible. One hopes that the positive discussions that go on may have a good effect. However, as the noble Lord, Lord Luce, and I have said, there are dangers of the threat to Spain. All of us enjoy Spanish holidays and many of us have Spanish relationships, as the noble Lord, Lord Collins, has, so we want to be fair to Gibraltar. Gibraltar is part of us but we want to continue to have good relations with Spain. I very much hope that, having got to the first stage—business relations, education and other relationships between Gibraltar and the United Kingdom—we will continue to battle on behalf of the whole of the United Kingdom, including Gibraltar, in whatever arrangements happen during Brexit. Having said that, I beg leave to withdraw the amendment.

European Union (Withdrawal) Bill

Debate between Baroness Butler-Sloss and Lord Callanan

Monday 19th March 2018 Lords Chamber

[Baroness Butler-Sloss]

If there is a vote in either House, particularly the House of Commons, which rejects whatever the Government put forward, what will the Government do?

[Lord Callanan]

In such circumstances—first, we hope that Parliament will not reject it and we will negotiate for the best possible outcome—that would be an instruction to move ahead without a deal.

European Union (Withdrawal) Bill

Debate between Baroness Butler-Sloss and Lord Callanan

Committee: 7th sitting (Hansard - continued): House of Lords
Wednesday 14th March 2018 Lords Chamber

[Lord Callanan]

My Lords, in addressing Amendment 204 moved by the noble Earl, Lord Clancarty, at the risk of repeating myself I remind the Committee yet again that the purpose of the European Union (Withdrawal) Bill is to provide a functioning statute book on the day we leave the EU, whatever the outcome of the negotiations. It is our intention that the planned withdrawal agreement and implementation Bill will implement the major elements of the withdrawal agreement, including giving effect to the agreement on citizens’ rights.

The amendment appears to seek to make it an objective of the Government to achieve a particular outcome in the negotiations on our future relationship with the EU and so to tie the Government’s hands on these issues. The amendment is focused on the withdrawal agreement, but these matters are for the future relationship with the EU, which this Bill does not seek to address.

After we leave the European Union, there will continue to be migration and mobility between the EU and the UK. We have proposed a time-limited implementation period based on the current structure of rules and regulations. This means that UK nationals may continue to have the same rights as EU nationals, such as the right to move and reside freely.

Looking to the future, UK citizens will still want to work and study in EU countries, just as EU citizens will want to do here, helping to shape and drive growth, innovation and enterprise. Indeed, businesses across the EU and the UK must be able to attract and employ the people they need. That is why, in our science and innovation policy paper published in September, we said that we will discuss with the EU future arrangements to facilitate the mobility of researchers, academics and students engaged in cross-border collaboration. We are open to discussing how to facilitate these valuable links.

Of course, we recognise the value of international exchange and collaboration, through both study and work placements abroad, in increasing people’s language skills and cultural awareness as part of our vision for the UK as a global nation. We will continue to take part in those specific policies and programmes which are greatly to the joint advantage of the UK and the EU, such as those that promote science, education and culture.

I repeat for the benefit of the noble Earl, Lord Clancarty, and the noble Lord, Lord Hunt, what I said in the debate on Erasmus, although I forget exactly when it was—sometime in the past. No decisions on UK participation in the successor Erasmus+ programme after 2020 have yet been taken for the simple reason that the scope of the future programme has not yet been agreed. The noble Lord is asking me to give him an assurance that we will take part in a programme about whose composition we have no idea. No Government could agree to do that. We will take a decision when we see what the successor programme is. UK participation will form part of the negotiations about our future relationship with the EU. There may be some specific European programmes that we want to continue to participate in as we leave the EU, and that will be considered as part of the negotiations.

Whatever the outcome of those negotiations, including the increasingly unlikely scenario in which we leave the EU without a deal—

[Baroness Butler-Sloss]

If the noble Lord will forgive me, will the Government continue to take into account the importance of young people’s desire to be able to work freely and move freely through Europe?

[Lord Callanan]

Of course we will take into account the wishes of young people to move freely, just as we will take into account the wishes of older people to move freely.

We will underwrite successful bids for Erasmus+ submitted while the UK is still a member state, even if payments continue beyond the point of exit. Therefore, applications for funding from UK institutions should continue, and are continuing, as normal.

The noble Baroness, Lady Humphreys, asked me again, as the noble Baroness, Lady Ludford, has done in the past, about the issue of associate EU citizenships. Let me make the point to the Liberal Democrats once again—it seems to have difficulty permeating through to them—that the EU treaty provisions state that only citizens of EU member states are able to hold EU citizenship. Therefore, when the UK ceases to be a member of the European Union, British nationals will no longer hold EU citizenship unless they hold dual nationality with another EU member state.

For those reasons, I hope the noble Earl will withdraw his amendment.

Brexit: Gibraltar

Debate between Baroness Butler-Sloss and Lord Callanan

Monday 29th January 2018 Lords Chamber

[Lord Callanan]

I totally agree with the noble Lord that these are sensitive matters. We regularly consult the Government of Gibraltar. It is also fair to say that we have excellent bilateral relations with the Government of Spain. We last met them on 11 January to take these matters forward, and so far the discussions have been constructive and helpful on all sides.

[Baroness Butler-Sloss (CB)]

My Lords, I am a vice-chair of the All-Party Parliamentary Group for Gibraltar. One thing that the Gibraltarians are particularly concerned about is the transition period and the real possibility that Spain will exercise its veto, which the EU countries have accepted, to prevent Gibraltar being involved in the transition discussions.

[Lord Callanan]

I thank the noble and learned Baroness for her question, but I really do not think that the word “veto” should be used in these circumstances. We have excellent relations with Spain and, as I said, we have been discussing these issues with Spain in a constructive and helpful manner. The discussions are going forward well and we expect a positive result.