Brexit: Parliamentary Approval of the Outcome of Negotiations with the European Union

Baroness Evans of Bowes Park Excerpts

Monday 28th January 2019 Lords Chamber

Moved by

[Baroness Evans of Bowes Park]

That this House, in accordance with the provisions of section 13(6)(b) of the European Union (Withdrawal) Act 2018, takes note of the Written Statement titled “Statement under Section 13(4) of the European Union (Withdrawal) Act 2018”, made on 21 January, and of the Written Statement titled “Statement under Section 13(11)(a) of the European Union (Withdrawal) Act 2018”, made on 24 January.

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, the EU withdrawal Act set out a process for the Government to follow in the event that at this point we had not secured a deal to leave the European Union which had been approved by the House of Commons. In accordance with Section 13 of the Act, last week the Government made two Written Statements. The first was to set out next steps following the result of the vote on Tuesday 15 January. The second was to confirm how the parliamentary process would work going forward. So today’s debate—the latest but, I suspect, not the last—is in one sense simply a formal step that we have to take to satisfy the requirements of the legislation, but it also offers an opportunity to take stock.

The Motion before the House asks us to take note of both Statements in the same terms as the government Motion that the House of Commons will debate tomorrow. The Commons Motion is amendable, so there are likely to be votes on a variety of options at the conclusion of the debate. Noble Lords will be aware that a number of amendments have been tabled in the other place. They range from time-limiting the backstop, or replacing it with alternative arrangements, to seeking an extension to Article 50 or membership of a customs union. It will be for Mr Speaker to select the amendments to be voted on, and for MPs to decide what to support.

It is not my role to speculate on the outcome of the proceedings in the other place, and I will not do so. However, the Government and this House will need to reflect on any decisions that are made tomorrow. In this House, the noble Baroness, Lady Smith of Basildon, has tabled her own Motion. I will leave it to my noble friend Lord Callanan to respond to it; I have no doubt that he is eagerly looking forward to his third opportunity in recent weeks to respond to a debate of this sort.

This will not be the last time that the House of Commons is on the cusp of significant decisions which this House will want to have an opportunity to inform. I will do all I can, working with the other parties in this House, to ensure that that happens. We in this House have helped shape the process of leaving the EU and will continue to do so in the months ahead. In opening the debate on 6 December, I outlined the contribution that this House has made to the legislative programme needed to leave the European Union. It has considered legislation line by line. It has asked questions of government, proposed amendments and improved Bills through its work, but it has ultimately recognised the primacy of the House of Commons when the two Houses have disagreed. As Leader of this House, I have defended its right to do this and will continue to do so.

All of us—Government and Opposition, Front Benches and Back Benches—are working in a political environment charged with uncertainty, and in view of this noble Lords have reasonably raised questions about the legislative programme ahead. I heard the words of the noble Baroness, Lady Taylor of Bolton, when she asked us last week to give the greatest possible notice of our plans so that the House as a whole, and its Select Committees in particular, can plan their work. All of us recognise the unusual constraints the Government are currently facing in planning their legislative agenda due to the fact that significant decisions are being taken on the Floor of the House of Commons which fundamentally shape what happens next. We are a bicameral Parliament. This House does not operate in a vacuum, and very often the business in each House is dependent on the progress of the same business in the other.

The uncertainty we face today relates to future decisions of the House of Commons over a deal, to future negotiations which may follow such decisions, and to the timing of subsequent legislation which would be needed to give effect to a deal. Finding satisfactory outcomes could scarcely be more critical. But we should not be distracted from the task at hand. The uncertainty surrounding elements of the process does not mean that this House has been sitting idly by while others attempt to find answers to these questions. So far this Session, we have played a key role in passing five Acts which help ensure that the UK will have a functioning statute book whatever the outcome of the negotiations. In the remainder of this week alone we will be considering exit-related bills such as the Financial Services (Implementation of Legislation) Bill and the Trade Bill. Next week we begin our consideration of the Healthcare (International Arrangements) Bill. We are also pressing ahead with key domestic legislation: over the next fortnight we are considering the Offensive Weapons Bill and the Finance (No. 3) Bill.

A number of noble Lords have expressed concern over our ability to scrutinise EU exit-related secondary legislation effectively. The Government have worked hard to ensure that this legislation is brought forward in a timely way, and we have engaged proactively with committees and opposition parties in both Houses on the way it should be scrutinised, including through the introduction of new sifting mechanisms.

Our Secondary Legislation Scrutiny Committee, chaired by my noble friend Lord Trefgarne, and its two sub-committees, chaired by my noble friend and the noble Lord, Lord Cunningham of Felling, are doing an excellent job—as of course are the Members of this House who sit on the Joint Committee on Statutory Instruments. I know that we are all extremely grateful to them for their hard work. This legislation is essential to provide legal continuity in a no-deal scenario. But of course much of it will also be needed if we leave the EU with a deal.

Since Christmas we have spent well over 20 hours debating this legislation in Grand Committee and on the Floor of the House, although some contributions were perhaps not quite as focused on the policy issues at hand as they could have been. In organising the forward programme of work, my noble friend the Government Chief Whip and I will continue to work in a constructive way with our counterparts in the usual channels and to give as much notice of our timetable as is practical. We are all aware of the challenges ahead. By working together, we have already shown flexibility in timetabling. For instance, during the course of the withdrawal Bill, we sat earlier to ensure that the House had more time to scrutinise the legislation. Of course, as is normal at this point of the year, from the end of this month sitting Thursdays will revert to government business.

The decisions that Parliament takes in the next few weeks will have profound consequences for the future of this country. Recognising this, since I last addressed this House the Prime Minister and other Cabinet Ministers have continued to meet parliamentarians and others across the political spectrum—including Members across the political parties in both Houses and representatives of business groups and trade unions—in order to find the broadest possible consensus on a way forward. I am sure that tomorrow the Prime Minister will provide an update on these discussions when she addresses the other place.

The Government recognise the responsibility they have to deliver the result of the referendum and to maintain the trust of the public in the political system which serves them. Parliament must recognise that it too has a responsibility in this regard. We all have to act in the interests of the people of the United Kingdom. Although I strongly disagree with them, some noble Lords will no doubt argue today that those interests would be best served by sending the question back to the people or even by Parliament coming to the opposite conclusion of the referendum result and deciding to remain in the European Union.

This Front Bench recognises the right of noble Lords to strongly challenge the Government, but we can work effectively only if the House acts responsibly and constructively. I know that my noble friend the Government Chief Whip is pleased that the usual channels in this House work so well together. As my right honourable friend the Prime Minister said last week, we intend for Parliament to have a still greater role in the next phase of our negotiations should a withdrawal agreement and future framework be agreed. This will include confidential committee sessions that can ensure that Parliament has the most up-to-date information, while not undermining the negotiations.

As I said in response to questions last week, this commitment applies to Select Committees of this House as well as to those of the House of Commons. That was reiterated by my right honourable friend the Secretary of State for Exiting the European Union when he gave evidence to the European Union Committee last week.

I think it is fair to say that we are in uncharted waters. However, my right honourable friend the Prime Minister remains focused on finding solutions to deliver Brexit that are negotiable and that command support across the political spectrum. Only by doing that can we provide the country with the certainty that it urgently needs. I beg to move.