Brexit
Baroness Evans of Bowes Park Excerpts(5 years, 2 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)
My Lords, I am grateful to noble Lords on all sides of the House for assembling on a Saturday for the first time in 37 years. I know that this has involved sacrificing personal time, time with families and, of course, missing the end of England’s World Cup quarter final, although the result is looking quite promising. On behalf of us all, I thank all parliamentary staff and the police who have made this sitting possible. I shall open this debate by replicating a Statement on the new agreement with our European friends made in the other place by my right honourable friend the Prime Minister.
Noble Lords will need no reminding that this is the second deal and the fourth vote to be held in the other place—three and a half years after the nation voted for Brexit. During those years, friendships have been strained and families divided, and the attention of both Houses has been consumed by a single issue that has at times felt incapable of resolution. But this is the moment when we can finally achieve that resolution and reconcile the instincts that compete within us.
Many times in the last 30 years, we have heard our European friends remark that this country is half-hearted in its EU membership. It is true that we have often been a back-marker, opting out of the single currency, not taking part in Schengen and trying to block some collective ambition. In the last three and a half years, it has been very striking that Members on all sides have debated Brexit in almost entirely practical terms, in an argument that has focused on the balance of economic risk and advantage, rather than calling for Britain to play her full part in the political construction of a federal Europe, ever closer union, ever deeper integration or a federal destiny. There is a whole side of the debate that you hear regularly in other European capitals that has been absent from our national conversation, and that has not changed much in the last 30 years.
But if we have been sceptical, if we have been anxious about the remoteness of the bureaucracy, if we have been dubious about the rhetoric of union and integration, and if we have been half-hearted Europeans, it follows logically that with part of our hearts—with half our hearts—we feel something else: a sense of love and respect for European culture and civilisation, of which we are a part; a desire to co-operate with our friends and partners in everything, creatively, intellectually and artistically; a sense of our shared destiny; and a deep understanding of the eternal need, especially after the horrors of the last century, for Britain to stand as one of the guarantors of peace and democracy in our continent—and it is our continent.
It is precisely because we are capable of feeling both things at once—sceptical about the modes of EU integration but passionate and enthusiastic about Europe—that the whole experience of the last few years has been so difficult and divisive. That is why it is so urgent for us now to move on and build a new relationship with our friends in the EU on the basis of a new deal—a deal that can heal the rift in British politics and unite the warring instincts in all of us. Now it is time for all sides in both Houses to come together and bring the country together today, as we believe people at home are hoping and expecting, with a new way forward and a new and better deal for both Britain and our friends in the EU.
That is the advantage of the agreement that we have struck with our friends in the last two days, because this new deal allows the UK, whole and entire, to leave the EU on 31 October in accordance with the referendum, while simultaneously looking forward to a new partnership based on the closest ties of friendship and co-operation.
As a Government, we pay tribute to our European friends for escaping the prison of existing positions and showing the vision to be flexible by reopening the withdrawal agreement and addressing the deeply felt concerns of many in both Houses. One of the most important jobs of my right honourable friend the Prime Minister has been to express those concerns to our European friends. We shall continue to listen to all Members in both Houses throughout the debates taking place today, to meet with anyone on any side and to welcome the scrutiny that Parliament will bring to bear if, as we hope, we proceed to consider the withdrawal agreement Bill next week.
Today, Parliament has an historic opportunity to show the same breadth of vision as our European neighbours and the same resolve to reach beyond past disagreements by getting Brexit done and moving this country forwards, as we all yearn to do. This agreement provides for a real Brexit, taking back control of our borders, laws, money, farming, fisheries and trade, amounting to the greatest single restoration of national sovereignty in our parliamentary history. It removes the backstop, which would have held us against our will in the customs union and much of the single market. For the first time in almost five decades, the UK will be able to strike free trade deals with our friends across the world to benefit the whole country, including Northern Ireland.
Article 4 of the new protocol states:
“Northern Ireland is part of the customs territory of the United Kingdom”.
It adds that,
“nothing in this Protocol shall prevent”,
Northern Ireland from realising the preferential market access in any free trade deals,
“on the same terms as goods produced in other parts of the United Kingdom”.
Our negotiations have focused on the uniquely sensitive nature of the border between Northern Ireland and the Republic, and we have respected those sensitivities Above all, we and our European friends have preserved the letter and the spirit of the Belfast/Good Friday agreement and upheld the long-standing areas of co-operation between the UK and Ireland, including the common travel area. As my right honourable friend the Prime Minister told the other place on 3 October, in order to prevent a regulatory border on the island of Ireland we proposed a regulatory zone covering all goods, including agri-food, eliminating any need for associated checks along the border.
But in this agreement we have gone further by also finding a solution to the vexed question of customs, which many in both Houses have raised. Our agreement ensures,
“unfettered market access for goods moving from Northern Ireland to other parts of the United Kingdom’s internal market”.
It ensures that there should be no tariffs on goods circulating within the UK customs territory—that is, between Great Britain and Northern Ireland—unless they are at risk of entering the EU. It ensures an open border on the island of Ireland, a common objective of everyone in both Houses. It ensures that for those living and working alongside the border there will be no visible or practical changes; their lives can carry on as before.
This Government believe that this is a good arrangement, reconciling the special circumstances in Northern Ireland with the minimum possible bureaucratic consequences at a few points of arrival into Northern Ireland. It is precisely to ensure that those arrangements are acceptable to the people of Northern Ireland that we have made consent a fundamental element of this new deal, so no arrangements can be imposed on Northern Ireland if they do not work for Northern Ireland. The people of Northern Ireland will have the right under this agreement to express or withhold their consent to these provisions by means of a majority democratic vote in their Assembly four years after the end of the transition. If the Assembly chooses to withhold consent, the provisions “shall cease to apply” after two years, during which the joint committee of the UK and EU would propose a new way forward, in concert with Northern Ireland’s institutions.
As soon as Parliament allows the process of extracting ourselves from the EU to be completed, the exciting enterprise of building our new relationship with our friends can begin. We do not wish that to be the project of any one Government or party but rather the endeavour of the United Kingdom as a whole. Only this Parliament can make the new relationship the work of the nation, and so Parliament should be at the heart of decision-making as we develop our approach. I think the whole House would acknowledge that in the past we have not always acted in that spirit.
So, as we take forward our friendship with our closest neighbours and construct that new relationship, the Government will ensure that a broad and open process draws upon the wealth of expertise in every part of both Houses, including Select Committees and their chairs. Every party and every Member who wishes to contribute will be invited to do so, and we shall start by debating the mandate for our negotiators in the next phase.
The ambition for our future friendship is contained in the revised political declaration, which also provides for Parliament to be free to decide our own laws and regulations. The Government have complete faith in both Houses to choose regulations that are in our best tradition of the highest standards of environmental protections and workers’ rights. No one believes in lowering standards; we believe in improving them and seizing the opportunities of our new freedoms to do so. For example, free from the common agricultural policy, we will have a far simpler system where we will reward farmers for improving our environment and animal welfare instead of just paying them for their acreage. Free from the common fisheries policy, we can ensure sustainable yields based on the latest science, not outdated methods of setting quotas.
These restored powers will be available not simply to this Government but to every future British Government of any party to use as they see fit. That is what restoring sovereignty and taking back control of our destiny means in practice. Our first decision, on which we believe there will be unanimity, is that in any future trade negotiations with any country our National Health Service will not be on the table.
The Government believe that an overwhelming majority in this House and the other place, regardless of their personal views, wish to see Brexit delivered in accordance with the referendum. In that crucial mission, there can no longer be any argument for further delay. This Government passionately believed that we had to go back to our European friends to seek a better deal. With this new deal, the scope for fruitful negotiation has run its course. They said we could not reopen the withdrawal agreement and that we could not change, never mind abolish, the backstop. We have done both. It is now our judgment that we have reached the best possible solution, so those who agree that Brexit must be delivered and who prefer to avoid a no-deal outcome must abandon the delusion that this House can delay again.
We must tell this Parliament in all candour that there is very little appetite among our friends in the EU for this business to be protracted by one extra day. They have had three and a half years of this debate. It has distracted them from their own projects and ambitions and, if there is one feeling that unites the British public with a growing number of EU officials, it is a burning desire to get Brexit done. Whatever letters they may seek to force the Government to write, it cannot change our judgment that further delay is pointless, expensive and deeply corrosive of public trust. People simply will not understand how politicians can say that, on the one hand, they want delay to avoid no deal and, on the other, they still want delay when a great new deal has been done.
Now is the time to get this done, and all Members should come together as democrats. Let us come together as democrats behind this deal, the one proposition that fulfils the verdict of the majority, but which also allows us to bring together the two halves of our hearts. Let us speak now for the 52% and the 48%.
Let us go now for a deal that can heal this country and allow us all to express our legitimate desires for the deepest possible friendship and partnership with our neighbours, a deal that allows us to create a shared new destiny with them, and a deal that also allows us to express our confidence in our own democratic institutions, to make our laws, to determine our own future and to believe in ourselves once again as an open, generous, global, outward-looking and free-trading United Kingdom. That is the prospect that this deal offers our country. It is a great prospect and a great deal. I beg to move.
Brexit
Baroness Evans of Bowes Park Excerpts(5 years, 8 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
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 15 March 2019.
The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)
My Lords, in repeating my right honourable friend the Prime Minister’s Statement, I have already given the Government’s position on next steps. Therefore, to avoid repetition and detaining the House further, I propose that we move straight on to the speakers’ list for the Motion standing in my name. I beg to move.
Baroness Hayter of Kentish Town (Lab)
I thank the Leader for repeating the Statement. My guess is that it was through gritted teeth, given that we are not leaving this Friday. However, that Statement leaves us no wiser, no more confident and no less ashamed to be led by a Government and a Cabinet unable to lead, to unite, to listen or to put the national interest first.
But first, a confession: 10 days ago, when we were debating the Private Member’s Bill of my noble friend Lord Grocott to end by-elections for hereditary Peers, I noted that I was not here by virtue of the achievements or wisdom of my father. Perhaps I misled the House, because I learned from my much-loved father—and maybe it was his wisdom that, in one way or another, got me here—a tale he told me when I was eight or nine, which has stayed with me. It was about a passing-out parade—he was in the military—where one proud mother, viewing the march, sighed, “What a shame that my son is the only one in step, and all the others have got it wrong”. It does not take much imagination to hear the remaining supporters of our Prime Minister echoing the same: “What a shame that only she is right and all the others have got it wrong”.
Who are the others? They are the Church, business, the CBI, the TUC, the Government of Wales, the people of Northern Ireland, your Lordships’ House and, significantly, the EU, its Commission and 27 leaders of member states. That is quite a roll call to dismiss. The 27 Prime Ministers or Presidents from across the continent are experienced in governing, politics, negotiating and consensus-building. The Archbishop of Canterbury—whose task of uniting 85 million Christians worldwide the Prime Minister has made look like a walk in the park—has launched five days of prayer as we approach Brexit. Business—the people importing and exporting—knows the cold reality of tariffs, non-tariff barriers, checks, delays, transport and handling costs, and also the need for legal, banking and contract certainty. The TUC and the CBI, which we normally call two sides of industry, have quite exceptionally joined together in the light of the “national emergency”, in their words, to warn that a no-deal,
“shock to our economy would be felt by generations to come”.
The First Minister of Wales is imploring the Prime Minister to work on a cross-party basis to amend the political declaration, not the withdrawal agreement, and then to negotiate with the EU to adapt the framework. Gibraltar and UK citizens abroad will feel the reality of a no-deal exit in hours or weeks of departure. Your Lordships’ House is staunchly against no deal and repeatedly in favour of a customs union. The Opposition have spelled out our alternative approach and are open to continued EU trade via a customs union and single market alignment. The Commons—the elected Members steeped in their own communities, their businesses, people, trading and academia—are knowledgeable about the realities of a chaotic or ill-designed Brexit. The Prime Minister’s senior colleague Philip Hammond says that a no-deal Brexit,
“would cause catastrophic economic dislocation in the short term and in the longer term it would leave us with a smaller economy, poorer as a nation relative to our neighbours in the European Union”.
But the Prime Minister ignores all these. She continues to threaten no deal and, instead of talking to them, invites to Chequers Jacob Rees-Mogg, Steve Baker, Dominic Raab, David Davis and Iain Duncan Smith—the very people who have been writing her script for two years and now will not support her deal. Oh, and I forgot Boris Johnson, who seems to think we have an implementation period without a deal. No, ex-Foreign Secretary, no deal means no transition period. He does not even understand that—and these are the people who our Prime Minister heeds.
Now, to avoid no deal, we need the Prime Minister to listen to those she has ignored and to amend the future framework, even at this late stage. The FT’s Jim Pickard commented today:
“It’s March 25, 2019 and MPs are about to have multiple votes on what kind of Brexit we might have. If you’d told people this two years ago they’d have thought you were out of your mind”.
We do, however, have a breathing space, the Prime Minister having been thrown a lifeline—albeit just 14 days—by the European Council. It will be only a breathing space, and not a suffocating pause, if we open a fresh approach to our future relationships with the EU, an approach shorn of the Prime Minister’s disastrous red lines. We know that this is possible: Michel Barnier said that the political declaration that sets out the framework for our future relations could be made more ambitious in the coming days, if a majority in the House of Commons so wishes.
The Prime Minister, however, appears bent—we have heard it again just now—on trying to flog her very dead horse. For some of us her deal, which has been overwhelmingly rejected twice by MPs, is the Monty Python parrot. Here we are, however, in the last chance saloon, so our MPs must be heard and their preferences set out. This is in the national interest and is the democratic way forward. Despite the most extraordinary view of the ERG’s Steve Baker, who claimed that “national humiliation is imminent” through these indicative votes—his way of listening to elected politicians—
Brexit: Article 50
Baroness Evans of Bowes Park Excerpts(5 years, 10 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)
It is the turn of the Conservative Benches and then we shall hear from the Labour Benches.
Lord Lilley
My Lords, given that the other place threw out the withdrawal agreement largely because of the backstop, that the governing majority then deputed the Government to replace the backstop, that the EU itself has said that if we leave with no withdrawal agreement there will not be a hard border in Northern Ireland and that the EU never reaches an agreement until the last minute, is it not clear that we have to stick by 29 March and then it will give us alternative measures to the backstop before we leave?
Brexit: Parliamentary Approval of the Outcome of Negotiations with the European Union
Baroness Evans of Bowes Park Excerpts(5 years, 10 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
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.
European Union (Withdrawal) Bill
Baroness Evans of Bowes Park Excerpts(6 years, 6 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Evans of Bowes Park
That this House do not insist on its Amendment 19 and do agree with the Commons in their Amendments 19A and 19B in lieu and do propose Amendments 19C to 19L as amendments to Commons Amendment 19A—
“Parliamentary approval of the outcome of negotiations with the EU
(1) The withdrawal agreement may be ratified only if—
(a) a Minister of the Crown has laid before each House of Parliament— (i) a statement that political agreement has been reached,
(ii) a copy of the negotiated withdrawal agreement, and
(iii) a copy of the framework for the future relationship,
(b) the negotiated withdrawal agreement and the framework for the future relationship have been approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown,
(c) a motion for the House of Lords to take note of the negotiated withdrawal agreement and the framework for the future relationship has been tabled in the House of Lords by a Minister of the Crown and—
(i) the House of Lords has debated the motion, or
(ii) the House of Lords has not concluded a debate on the motion before the end of the period of five sitting days beginning with the first sitting day after the day on which the House of Commons passes the resolution mentioned in paragraph (b), and
(d) an Act of Parliament has been passed which contains provision for the implementation of the withdrawal agreement.
(2) So far as practicable, a Minister of the Crown must make arrangements for the motion mentioned in subsection (1)(b) to be debated and voted on by the House of Commons before the European Parliament decides whether it consents to the withdrawal agreement being concluded on behalf of the EU in accordance with Article 50(2) of the Treaty on European Union.
(3) Subsection (4) applies if the House of Commons decides not to pass the resolution mentioned in subsection (1)(b).
(4) A Minister of the Crown must, within the period of 28 days beginning with the day on which the House of Commons decides not to pass the resolution, make a statement setting out how Her Majesty’s Government proposes to proceed in relation to negotiations for the United Kingdom’s withdrawal from the EU under Article 50(2) of the Treaty on European Union.
(5) A statement under subsection (4) must be made in writing and be published in such manner as the Minister making it considers appropriate.
(6) This section does not affect the operation of Part 2 of the Constitutional Reform and Governance Act 2010 (ratification of treaties) in relation to the withdrawal agreement.
(7) In this section—
“framework for the future relationship” means the document or documents identified, by the statement that political agreement has been reached, as reflecting the agreement in principle on the substance of the framework for the future relationship between the EU and the United Kingdom after withdrawal;
“negotiated withdrawal agreement” means the draft of the withdrawal agreement identified by the statement that political agreement has been reached;
“ratified”, in relation to the withdrawal agreement, has the same meaning as it does for the purposes of Part 2 of the Constitutional Reform and Governance Act 2010 in relation to a treaty (see section 25 of that Act);
“sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day);
“statement that political agreement has been reached” means a statement made in writing by a Minister of the Crown which—
(a) states that, in the Minister’s opinion, an agreement in principle has been reached in negotiations under Article 50(2) of the Treaty on European Union on the substance of—
(i) the arrangements for the United Kingdom’s withdrawal from the EU, and
(ii) the framework for the future relationship between the EU and the United Kingdom after withdrawal,
(b) identifies a draft of the withdrawal agreement which, in the Minister’s opinion, reflects the agreement in principle so far as relating to the arrangements for withdrawal, and
(c) identifies one or more documents which, in the Minister’s opinion, reflect the agreement in principle so far as relating to the framework.”
The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)
My Lords, as you will have noticed there has been a great deal of movement and debate on this issue since we last considered it, including the tabling of a manuscript amendment just this morning, so I hope you will indulge me if I spend a moment to take stock of where we are.
Ahead of the other place’s consideration of our amendments, the Government tabled an amendment in lieu of my noble friend Lord Hailsham’s Amendment 19. This amendment reflected the spirit of this House’s advice and incorporated a number of elements of my noble friend’s amendment. This included guaranteeing in law the Government’s commitment to: tabling a Motion on the final deal in both Houses; securing an Act of Parliament containing provision for the implementation of the withdrawal agreement; ensuring that the Commons Motion occurs before the European Parliament votes, so far as is practicable; and giving the Government 28 days to make a statement setting out their next steps in the unlikely event that the Commons rejects the deal put to it. But our amendment in lieu included some significant differences. For example, we attached a deadline to this House’s consideration of a Motion on the final deal. As some noble Lords, such as my noble friends Lord Lamont of Lerwick and Lord Howard of Lympne, raised when we debated this issue on Report, it is not right that your Lordships’ House could have a veto on the deal simply by refusing to consider a Motion.
The Government also removed a number of the deadlines set out in the amendment passed by this House—deadlines that would have served in practice to make it harder to negotiate the best possible deal for the UK. Importantly, we removed Parliament’s power to give binding negotiation directions to the Government. As we discussed at length on Report, this would represent a profound constitutional shift regarding which branch of the state holds the right to act in the international sphere. It would also be totally impractical. The Government cannot demonstrate the flexibility necessary for a successful negotiation if they are beholden so directly to the House of Commons. Significantly, this is a point of principle accepted by those on both sides of the debate, including my right honourable and learned friend Dominic Grieve. It is also worth repeating the comment of Vernon Bogdanor, a constitutional expert quoted by the Secretary of State in the other place, that such a provision would be a “constitutional absurdity” that, would “weaken the position” of Britain’s negotiators.
So I am disappointed to see an alternative amendment on the Order Paper, tabled by my noble friend Lord Hailsham, which resurrects this provision and reflects an amendment tabled in the other place by Dominic Grieve—although noble Lords will no doubt have noticed that he himself said in a television interview yesterday that, “The idea that Parliament should be able to mandate, to order, the Government to do something … was going too far”. The House will be aware that my noble friend tabled manuscript Amendment 19P earlier this morning, so I will leave it up to him to advise the House which of the two amendments he intends to move.
I will not go through either amendment line by line at this stage as my noble friend will want to set out his stall himself, but from the Government’s perspective his first Amendment, 19M, retains the same major flaws, both practical and constitutional, as the one this House passed during Report. The government amendment on this subject has now been accepted in the other place. However, noble Lords will doubtless be aware that its acceptance was in part on the basis that further conversations would take place with MPs on the Government Benches who held concerns about elements of it. In particular, we heard the concern that our amendment does not make overt provision for parliamentary input in the unlikely event that we do not agree a deal with the EU. We said that we would consider this point and come back with a new version in the House of Lords, which is precisely what we have done.
Baroness Evans of Bowes Park
My Lords, the Government have fully engaged with the issues that have been raised by Parliament and have come back with a fair, practical and constitutionally sound offer. Given that my noble friend Lord Hailsham has not moved his original Amendment 19M, I shall simply reiterate my concerns about his manuscript amendment. Your Lordships’ House has a reputation for high-quality scrutiny of the legislation put before it, including much good work that we have seen on this Bill, but hastily drawn up manuscript amendments do not show this House in its best light.
My noble friend Lord Howard of Lympne was correct to say that if this House agrees to the Government’s amendment, the other place will be able to take its own decision. As we have heard, how it does that is of course up to that House, in particular Mr Speaker. But what I can say is that if the other place wants to consider amendments to the Government’s position, it will.
Importantly, I would point out that the Government’s amendment satisfies many of the objectives of my noble friend Lord Hailsham’s original amendment. Subsection (5A) calls for a Motion on any statement required under subsection (4); the government amendment provides for that. Subsection (5B) calls for a Motion in the event that no deal has been reached with the EU by a particular deadline. The government amendment, while pushing back that deadline by a month and a half, provides that too. The only subsection we have not incorporated is subsection (5C) which would provide Parliament with the power to give binding negotiating directions to the Government. As I have said, that is constitutionally and practically untenable, and both sides accept that it should not make it on to the statute book. I repeat again that the Government’s amendment before the House today covers the three situations that the amendment of my right honourable and learned friend Dominic Grieve sought to achieve in the other place and which is covered by the amendment in the name of my noble friend Lord Hailsham: first, if Parliament rejects a deal; secondly, if the Prime Minister announces before 21 January 2019 that no deal can be agreed with the EU; and, thirdly, if no agreement has been reached by the end of 21 January 2019.
I turn briefly to the amendment in the name of my noble friend Lord True. Let me say now that I understand the reasons he has tabled it and I thank him for doing so. He has also helped to bring an important balance to today’s debate. However, one of the reasons we are not supporting my noble friend Lord Hailsham is the fact that this needs to be settled in the House of Commons, not this House, and that applies to his amendment. I hope, therefore, that he will not press it.
My noble friend Lord Lamont asked whether an amendment to one of the Motions in the Government’s amendment would be tantamount to a direction as in Grieve I. This would not be the case as it would not be legally binding, but it would still seek to instruct the Government in an international negotiation and would therefore fail the Prime Minister’s test of not seeking to tie the Government’s hands in negotiations.
On the point of justiciability, I refer to—
Lord Bilimoria (CB)
I thank the noble Baroness the Leader of the House for giving way. She has mentioned that agreeing to this amendment would hamper the Government’s negotiations. The noble Lord, Lord True, has said exactly the same thing. We have known right from the beginning that in Europe’s view, the European Parliament and the European Council will get a vote on the final deal. Has that ruined their negotiating position? Not at all—they are in a very strong negotiating position. As for Dominic Grieve, he deserves the parliamentary equivalent of the Victoria Cross.
Baroness Evans of Bowes Park
On the point of justiciability, I refer to the noble Lord, Lord Pannick, who expressed the position correctly.
I hope that noble Lords will support the Government’s serious proposals before them rather than the amendment tabled by my noble friend Lord Hailsham. Should the House agree to the amendment in lieu, which has been tabled by the Government, the House of Commons will be given the chance to decide the procedure it wishes to follow for a vote. I ask whether it really is the right thing for this House, at this stage, to seek to push this issue further. It should be left to the House of Commons to take its decision. I think that this House needs to reflect very seriously on the decision it is about to make.
Lord True
My Lords, I listened carefully to the debate and I thank all noble Lords who took part. It ranged a bit more widely than my amendment and I can see that the House wishes to get to a vote on the main question. At some point it would be useful to show publicly, by name, what individuals in this House think about the specific issue—but that can be addressed in a different way on another occasion. I accept the point made by my noble friend the Leader of the House that ultimately these questions should be decided in the House of Commons; I am grateful for what she said.
However, repeating what I said at the outset, we have heard a lot about Commons procedure. The reality is that, under Commons procedure and the control of Mr Speaker, it would be conceivable for this matter to be addressed as an amendment in lieu without the support for the amendment of my noble friend Lord Hailsham. As the Leader of the House said, it is not necessary for your Lordships’ House to align itself with a faction in the House of Commons with an axe to grind—
Baroness Evans of Bowes Park
My Lords, appropriate scrutiny of delegated powers is crucial to ensuring that the Government are properly held to account by Parliament, and we accept that this is particularly important in relation to those granted under this Bill.
Last week the other place debated and rejected Amendments 110 and 128. Whatever some noble Lords might feel about the sifting mechanism proposed, it is what the other place favours and it has now demonstrated that across multiple Divisions.
As it stands, the Bill does not provide a statutory basis for a sifting mechanism in this House. I hope that noble Lords will agree that we must do something to rectify this or we will have no provision in the Bill allowing for a sifting process in this House whatever. I am pleased that when rejecting our amendments, the other place, quite rightly, left it up to us to decide whether or not to emulate its own sifting mechanism.
The Government have always believed that this House should have an analogous mechanism to that in the other place, which is why I worked with the Procedure Committee to agree the mechanism by which the Secondary Legislation Scrutiny Committee would conduct the functions which, in the other place, will be conducted by a new sifting committee.
Unfortunately, the Government’s amendments providing for that were pre-empted on Report by the amendments in the name of the noble Lord, Lord Lisvane. As the Commons has now made its view clear once more, the Government are returning to the proposals which this House did not have the opportunity to decide on, as amendments in lieu. Without their being accepted today, the sifting process would be deprived of the weight of expertise in this House on questions of secondary legislation and procedure.
I believe that our amendment strikes the right balance. It will ensure that there is sufficient time for the legislative challenge ahead: a challenge for which we all share responsibility. Although that means that the committees will have to react at pace, we are confident that they are well equipped to do so.
Most importantly, our amendment will put this House on an equal footing with the Commons and ensure that there is every opportunity to make recommendations which the Government are committed to respecting.
I know that there has been concern that Ministers may ignore the committees. I echo the sentiment of my right honourable friend the Secretary of State for Exiting the European Union when he said that there is likely to be a “political cost which will be significant” to going against a sifting committee recommendation.
As I made clear in our previous debates on this issue, the Government have always expected to have to justify themselves to the sifting committees where they agree, with Ministers either being called in person before the committee or writing to explain their views. I hope the House does not think that this is a commitment which Ministers would shirk or seek to shy away from.
However, in order to put this beyond doubt, the Government are happy to put their commitment into statute, and this is reflected in the amendments before us tonight. Ministers will be required to make and provide to Parliament a Written Statement explaining themselves if they disagree with a recommendation from one or both of the sifting committees. Your Lordships can be assured that there will be no hiding place from the light of your scrutiny. I beg to move.
Lord Lisvane
My Lords, it would be extremely churlish of me not to acknowledge the movement which the Government have undertaken on these issues, particularly including your Lordships’ House in the sifting process. During Commons consideration of the amendments, the Secretary of State for Exiting the European Union, deployed a rather familiar set of arguments, if I may put it in that way. Quoting the chair of the House of Commons Procedure Committee, he insisted that the Government proposals, under which Ministers will, despite the statements and other provisions, have the final word on whether the substantial amount of secondary legislation which may be brought forward under the Bill, should be subject to the affirmative or negative procedure. He insisted that that procedure had teeth. If it is really to have teeth, some significant dental work is still required. But these exchanges are not the place to consider matters of that sort. The point has been made and although, in an ideal world, it has not been completely adequately answered, I think we should leave the matter there. The test will be, of course, the first occasion on which the committee’s view differs from that of the Government.
Baroness Hayter of Kentish Town
My Lords, I can be very brief, because the noble Lord, Lord Newby, has noted exactly the same words as I have—“at pace”. These words alarmed me, because although some of us feel that we worked very hard on this Bill, it is as nothing to what the people on those committees will be doing. I wish them luck.
My question is related to that: when are we expecting the first of these SIs? Now that we have this, we need to move fairly fast to set that up. I very much hope that the colleagues sitting on the other side of the Leader will accept the Motion that we passed today. In that case this would be our last meeting on this Bill. We have already thanked the Bill team again, but it would be wonderful if they did not have to come back. In the meantime, they have at least another day’s work. For the members of these committees, however, their work has just started.
Baroness Evans of Bowes Park
My Lords, the Government’s amendments deliver to this House parity with the Commons, ensuring that all the expertise concentrated here will be properly available to provide proper scrutiny of the SIs that come under this Bill. The noble Baroness asked about timing. Once this Bill receives Royal Assent, SIs can obviously start to be tabled. Therefore, we are not quite there yet, but like her I hope that we will be very soon.
These amendments will also ensure that any Minister who disagrees—and I may have misspoken in my opening speech by saying “agree” when I meant to say “disagree”; I put that on the record for clarity—with the recommendations of one or both of the sitting committees has to explain themselves.
I can certainly assure the noble Lord, Lord Newby, that the Government will play their part in ensuring that we have a functioning statute book, and indeed the proposal that has come forward under this amendment—to have two committees in order to expand the work on secondary legislation—will also give the House the ability to do its side of things. We will certainly be working together to make sure that we have the functioning statute book that we want. On that basis I hope that noble Lords will agree with the proposition that the Government have put forward.
European Union (Withdrawal) Bill
Baroness Evans of Bowes Park ExcerptsTuesday 8th May 2018
(6 years, 7 months ago)
Lords ChamberRead Full debate European Union (Withdrawal) Act 2018 View all European Union (Withdrawal) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 79-R-VI Sixth marshalled list for Report (PDF, 210KB) - (3 May 2018)
Baroness Smith of Basildon (Lab)
My Lords, I rise to support Amendment 70. There is not really much left to say as noble Lords have addressed so many of the points. I do not wish to delay the House, and I would like to hear what the Leader of the House has to say.
Having served in both Houses, the difference in how statutory instruments are treated is very familiar to us, as mentioned by my noble friend Lord Davies. I always said in the House of Commons that when a statutory instrument committee came along and you were asked to take part, you would ask, “Why me, and how long will it take?” In this House, we have had more speakers on this debate than we had on the previous one on the EEA. That shows the level of interest and excitement generated by statutory instruments in your Lordships’ House. Someone may have said, “So many SIs and so little time”.
As we progress on the road to Brexit, as the noble Lord, Lord Bilimoria, said, this House and the other place will clearly have to address a huge number of SIs. The concern is that we have to get this right. The consequences of making mistakes against the Government’s intention of ensuring that EU law can be transposed into UK law are very serious. Those SIs have to be accurate and they have to be properly considered.
In Committee, the noble Baroness confirmed that the Government intend to publish draft SIs “where possible and appropriate”. If you look at the website, there are a few drafts—not many, but a few. There are illustrative examples, and I am grateful for those. They are helpful, but there is no way of knowing whether those examples are representative of the statutory instruments that are to come, particularly given the drive to reduce the overall number by packaging up multiple issues in one statutory instrument. I have raised this issue with the Government over some time. I gave evidence on it to the Select Committee in the other place and I gave evidence to our Constitution Committee, and it is really important that we have those draft SIs for, if nothing else, the appearance of accuracy, so that we know we are getting it right.
As I said, the noble Baroness made helpful comments on this about publishing draft SIs. However, I have to say that I am not convinced that “where possible and appropriate” is good enough. Can she go one step further and guarantee that SIs will always be published in draft form prior to being introduced into either House, unless of course they are made under urgent procedure? That is another discussion and there would obviously have to be very good reasons why they were urgent. Having those draft SIs is absolutely essential—not for delaying but for giving them proper consideration. It is much harder to rectify mistakes at later opportunities than if we deal with them straightaway.
The noble Baroness argued previously that the Committee stage amendments of the noble Lord, Lord Lisvane, were unnecessary, and she said then that if both committees were to reach the same recommendation,
“the Government’s expectation is that such recommendations are likely to be accepted”.—[Official Report, 19/3/18; col. 154.]
I understand that that is the intention, but “expectation” and “likely to be accepted” are a bit woolly for legislation. I do not think that is adequate. We hope that would be the case but, as the noble Baroness told us at the time, there would be a problem if the two committees disagreed or if the Government decided not to accept the proposed upgrade to the affirmative procedure. It is a limited upgrade; I would not get too excited about the affirmative procedure being too intrusive. We recognise that it is a step in the right direction. The noble Baroness told the House that she hoped the latter scenario—that the Government would not accept a proposed upgrade from one House—would be very rare. Again, it is very speculative. How rare does she think that occurrence will be? Could she outline the steps she would expect Ministers to take in the event of it becoming a reality?
All of us want to see EU law on the UK statute book as accurately and as quickly as possible, but to do that we must have confidence in the process and procedures that we have in place. We cannot do it on a wing and a prayer. If we do not get this right, there will be serious consequences, which will be far harder to rectify or amend later. I hope the Minister can give some reassurances on that issue in the course of her comments.
The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)
My Lords, I thank all noble Lords for their contributions to this debate. The Government take parliamentary scrutiny of the powers afforded them very seriously, which is why, from the outset, I have made clear our view that both Houses should be treated equally when it comes to the sifting process proposed by the Commons Procedure Committee. The Government have already accepted amendments, although they only included a committee in the other place, and the government amendments that we have just discussed would extend that process to your Lordships’ House. We have listened carefully to the views of the House and numerous committees on ways in which to improve this Bill. Among other amendments, we have removed the Clause 8 power altogether and sunset the consequential power and the power to make new fees or charges. The correcting power has been prohibited from creating public authorities or amending the devolution statutes, and we have provided that regulations should be amendable only in the same way as primary legislation.
Having heard the views of the House in Committee, I am pleased to confirm that the Government have tabled amendments that we will debate shortly to extend the sifting committee’s remit to instruments made under the power contained in Clause 17(1). I hope that noble Lords will see this as further evidence of the Government’s willingness to listen to the case put by this House and, in particular, by the DPRRC. I believe that we have made clear our commitment to ensuring that this House can rigorously scrutinise the secondary legislation that will flow from this Bill.
The government amendments allow the changes to the SLSC’s order of reference, agreed by the Procedure Committee, to be put into practice following Royal Assent. I am sure that noble Lords on all sides will want to consider the committee’s report in good time. As I have said before, the agreement reached regarding the SLSC taking on the new and vital role as the sifting committee demonstrates the constructive collaboration of the House. I remain grateful to other members of the Procedure Committee and the SLSC for their support in this decision.
A number of noble Lords have made it clear that they would like further reassurance that the recommendations of the sifting committees will be taken seriously by the Government. I am happy to repeat what I said in Committee—that if both sifting committees were to make the same well considered and no doubt persuasive recommendation that an SI should move from the negative to the affirmative procedure, I assure the House that the Government’s expectation is that such recommendations are likely to be accepted. Where the two committees disagree, the situation would, of course, need to be carefully considered on its merits. The noble Baroness, Lady Smith, tempted me to speculate on how often the Government would disagree with a recommendation coming from both committees. Clearly, I cannot usefully do that, but I can say that the Government are not placing shackles on their ability to make a recommendation to upgrade the procedure if they so wish. It is right that this is the case, but I repeat my view—I expect that to be a rare occurrence. I can confirm that on the very rare occurrence, one hopes, when that happened, and the Government did not agree with a recommendation to use the affirmative procedure, we would fully expect to publicly set out our reasons to the committee concerned.
Amendments 70 and 77 in the name of the noble Lords, Lord Lisvane, Lord Norton and Lord Sharkey, and the noble Baroness, Lady Smith of Basildon, propose an alternative sifting process. There are two significant differences between the process proposed in Amendment 70 and that proposed by the Commons Procedure Committee, the consequences of which would put at risk our ability to achieve this Bill’s fundamental aim: a functional statute book on exit day and, indeed, for this House to exercise timely and effective scrutiny. The first would make the sifting committee’s determinations binding on the Government unless the House decided to disagree with its committee. The second is that the amendment would build into the sifting committee process a mechanism for the House as a whole to make a binding determination, irrespective of the decision of the committee to which it has delegated the responsibility for making recommendations. Such determinations raise several serious problems. The first is the potential for disagreement between the Houses, and I note that Amendment 71 involves the same problem, to which I shall come in a moment.
The second risk, which is potentially more serious in practical terms, is the delays which this process could create. Given that this House and the other place do not often sit on Fridays, 10 sitting days is already likely to stretch across three weeks. The addition of an extra five-day period, during which each House could overrule its own sifting committee, potentially extends this process into a fourth week. Of course, if any of this were to occur around either House’s normal recesses, the period would be longer still. Then, after that, any negative instrument would still have a praying period of 40 days during which, as now, a debate could be sought. In addition, any affirmative instrument would be subject to the usual scrutiny procedures and laid before Parliament until it could be accommodated in the parliamentary schedule.
Baroness Smith of Basildon
My Lords, the amendment is self-explanatory. If urgent regulations have to be laid, having an explanation and clarity from the Minister as to why it is urgent is always helpful. It is fairly simple and straightforward. I hope the noble Baroness will say that she is prepared to accept the amendment.
Baroness Evans of Bowes Park
I thank noble Lords for this very brief debate. As I indicated in Committee, the Government have reflected on this point further and decided to table their own amendments to achieve the same aims as the noble Lord’s amendments. The Government have always said that we expect Ministers to use the Bill’s urgent procedure rarely. This might be where, for example, corrections to the statute book are required very close to exit day and where the impact of not making these corrections would be significant.
The Government have always been committed to ensuring an appropriate level of scrutiny is afforded to the Bill’s provisions. I remind noble Lords that the made affirmative procedure still requires debates and potentially votes in both Houses. We have always wanted to be transparent about how this unusual process will work and it is for that reason that we have clarified the time period in which a made affirmative SI must be debated. In response to the persuasive case made by noble Lords in Committee, where the Government choose to use the urgent procedure we are happy to commit in statute to supplementing any declaration of urgency with a commitment to making a statement explaining why this was considered to be appropriate. In response to the question asked by the noble Lord, Lord Sharkey, Ministers will write as soon as is practicable. This is in addition to the obligation to make a statement.
While the Government cannot accept the noble Lord’s amendment for technical reasons, I hope noble Lords will be content to accept those tabled by the Government in its place and that the noble Lord, Lord Sharkey, will feel able to withdraw his amendment accordingly.
Lord Sharkey
I thank the noble Baroness the Leader of the House for Amendment 83N and for agreeing with us that it is in fact necessary. With that, I beg leave to withdraw the amendment.
Brexit: European Travel Information and Authorisation System
Baroness Evans of Bowes Park Excerpts(6 years, 11 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)
My Lords, it is the turn of the Conservative Benches.
Lord Spicer
My Lords, can I ask an even more helpful question than has come forward so far? So far, we have been discussing the signed agreements to the main treaty. Is it not becoming increasingly apparent that the real loser from not signing most of these agreements will be the EU itself?
Brexit: Revocability
Baroness Evans of Bowes Park Excerpts(7 years ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)
My Lords, many eminent noble Lords want to speak. We will hear from the noble Lord, Lord Faulks.
Lord Faulks
My Lords, I know that the House wants to hear from the author of Article 50, and of course it should. However, whatever the subjective interpretation he may have of Article 50, it is ultimately a question of objective interpretation. Will the Minister agree with me that whatever the advice may be in respect of Article 50—if there is indeed advice—it is a matter ultimately for the European Court of Justice, and we do not know what it will decide?
Brexit: Irish Border
Baroness Evans of Bowes Park Excerpts(7 years ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)
My Lords, it is the turn of the Liberal Democrat Benches.
Lord Wallace of Saltaire
My Lords, I had always understood that if you are not in the customs union you cannot have frictionless trade; there would have to be some form of documentation and checks. Will the Minister confirm that or explain to us what sort of magical technological solution there is that can provide frictionless trade without common membership of the customs union?
Baroness Evans of Bowes Park
My Lords, this really is not acceptable. It is the turn of the Cross Benches, then we will hear from the Labour Benches—but one Member of the Labour Benches.
Lord Kilclooney
My Lords, as one living on the border with the Republic of Ireland, I ask whether the Minister is aware that most people in Northern Ireland welcome the Government’s proposals for maintaining the common travel area, for having no physical structures at the border and for 80% of our trade not to be controlled by customs. Can he confirm that, even today, in the context of membership of the European Union, Irish customs and United Kingdom customs operate not at the border but on either side of it?
Baroness Evans of Bowes Park
My Lords, I am afraid, with that kind of approach, we will hear from the Conservative Benches.
Lord Howell of Guildford (Con)
My Lords, is there not some confusion here between regulatory alignment and regulatory recognition? Is not the latter principle one on which there is perfect freedom for the whole United Kingdom, including Northern Ireland, to make arrangements for outside trade in due course for continuing the smooth and reasonably frictionless low or non-border controls in Northern Ireland? What is the problem?
European Union (Notification of Withdrawal) Bill
Baroness Evans of Bowes Park ExcerptsTuesday 7th March 2017
(7 years, 9 months ago)
Lords ChamberRead Full debate European Union (Notification of Withdrawal) Act 2017 View all European Union (Notification of Withdrawal) Act 2017 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 108-I Marshalled list for Report (PDF, 67KB) - (3 Mar 2017)
The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)
My Lords, I have it in my command from Her Majesty the Queen to acquaint the House that Her Majesty, having been informed of the purport of the European Union (Notification of Withdrawal) Bill, has consented to place her prerogative, so far as it is affected by the Bill, at the disposal of Parliament for the purposes of the Bill.
Motion