Privileges and Conduct Committee

Baroness Falkner of Margravine Excerpts

Monday 17th December 2018 Lords Chamber

[Viscount Hailsham]

It was laying down general principles of natural justice and fairness—that is the point. I believe that they have an application for all these proceedings. The recommendations in the 1999 report do not stand alone. Incidentally, the membership of that committee was extraordinarily distinguished. It included not only Lord Nicholls of Birkenhead but a former Lord Chief Justice, a former Attorney-General, a former Solicitor-General and two former Home Secretaries. Their views were not lightly to be disregarded.

In substance, they were repeated in the 1995 report on standards in public life. Again, they are substantially the same as those made in 1967 by the Select Committee on Parliamentary Privilege—again, a different context, but with principles of general application. That committee recommended that the rights granted to a person against whom a complaint is made should include the right to examine, cross-examine and re-examine witnesses and to make submissions to the Committee, including by an authorised representative. In the spirit of due diligence—

[Baroness Falkner of Margravine (LD)]

Does the noble Viscount accept that none of the cases he is speaking about mentions sexual misconduct—as paragraph 4 of appendix 2 on page 18 points out? Did he hear the intervention by the noble Baroness, Lady Kennedy, which absolutely emphasised that standards of conduct have moved on and that the context to which he refers is not the context in which women today expect to be treated—and to which I should say men would probably also ascribe? Does he accept that the House wishes to move on and that his peroration, although enormously important, could perhaps be put to the committee in writing—not because we are disinterested in what he has to say but because I am sure the Senior Deputy Speaker will accept that there might be a consultation where we will all have the ability to express our views on future conduct? We are now dealing with the report in hand and it would be expeditious if Members could keep their speeches relatively brief so that those of us who also want to intervene might have an opportunity to do so today.

[Viscount Hailsham]

That might apply also to interventions.

--- Later in debate ---

[Noble Lords]

Yes!

[Baroness Falkner of Margravine]

You are not just embarrassing yourself; you are embarrassing all of us.

[Lord McNally]

All trials are trials for one’s life; all sentences are sentences of death. We are talking about a man who, until this case, was one of the giants of civil liberties, of sexual liberties—

Brexit: Withdrawal Agreement and Political Declaration

Baroness Falkner of Margravine Excerpts

Thursday 6th December 2018 Lords Chamber

[Baroness Falkner of Margravine (LD)]

My Lords, I will speak briefly on the report of the EU Select Committee on the withdrawal agreement, which was introduced in this debate yesterday by our chairman, the noble Lord, Lord Boswell. As I chair the sub-committee responsible for the EU budget and the financial settlement on withdrawal, I will say a word or two about that.

The UK Government estimate that the net cost of the bill will be in the region of £35 billion to £39 billion. This includes the cost of paying into the EU budget as if we were a full member for 21 further months after withdrawal, which would come to £16.3 billion according to the Office for Budget Responsibility. This leaves an exit bill of roughly £22.4 billion as the figure which has in effect been “negotiated” by the UK Government. We agree with the Government’s position that the UK needs to pay its dues. That is the right thing for the United Kingdom as a leading member of the international community to do. No one would ever trust our good faith if we were not prepared to fulfil our past obligations.

I turn to the possibility that, if this agreement fails, plan B would be the Norway-plus option. The EU Select Committee has looked at the EFTA/EEA options over various periods in the past year. While membership of the EEA gives full access to the single market, including for services, it requires complying with the four freedoms, including free movement of persons. Its proponents have talked up the fact that it offers a brake on free movement, but they do not tell us that the brake is so heavily circumscribed as to be virtually meaningless. In order to invoke it, one would have to demonstrate,

“serious, economic or societal difficulty”.

How would that be demonstrated? How, for example, would we define “societal difficulty”? Moreover, they tell us that this is a unilateral power. It is not; it has to be negotiated with other EEA partners. Those who lament the withdrawal agreement resulting in endless negotiation need to wake up to the fact that a state of negotiation is actually more desirable than being shut out of the room and getting your instructions by fax or email, as in the case so powerfully put by a Norwegian Minister in the Financial Times.

What of the tie to full regulatory alignment? The EEA comprises 6,000 legal Acts so far, since 1994. The UK would have to adopt approximately 300 per year without any say whatever in their formation. It is not entirely surprising that the Governor of the Bank of England felt the need to spell out that the UK’s financial services sector is unsuited to being a rule taker indefinitely. Which Government would render a sector that contributes 11% of GDP, which is 20 times bigger than Norway and has higher standards than the EU after lessons painfully learned after 2009, a rule taker? Which Government would be prepared to risk a country’s financial stability—moreover, its future prosperity—in the hands of EU technocrats without even being in the room? This has to be a complete travesty of the referendum result, and I entirely agree with the noble Lord, Lord Kerr of Kinlochard, in his description of the technical difficulties of even going into Norway, never mind Norway-plus.

However, the unattractiveness of Norway-plus does not end there. Its advocates need to dispense with fictions. Yesterday we were told on the “Today” programme that we would pay substantially less into the EU budget under this option. The reality, when the EU committee looked into this in March this year, is that Norway paid €115 per capita while the UK paid €79 per capita in 2015, the year for which we have the latest figures. Today the Library has confirmed to me that the figures for 2017 are that Norway paid £144 per capita while the UK paid £112 per capita. Naturally, we got a better deal because of our rebate and our incoming receipts from the EU. So the maths is straightforward, and it behoves the advocates of this option to be honest about that.

I turn to the “plus” part of Norway-plus: the need to stay in the customs union. The EU’s common commercial policy not only prevents us from doing trade deals but seriously circumscribes our ability to even engage with bilateral investment treaties. It also requires us to accept the parameters of future trade deals that the EU makes with other countries without us having a say in them or being able to represent our own interests, be they farming, fishing, goods or services. The word “vassalage” has been used a lot recently to describe the withdrawal agreement. I argue that the Norway-plus option, because of the complexity of our economy and the reach of our services, is where the more accurate description of the vassal state lies.

I conclude with a few thoughts on the calls for a second referendum that have been made across the Chamber in the last two days. I have read the 585 pages of the withdrawal agreement—not in absolute detail, but I can say that I have read it well. The idea that the country could be asked to make a choice and vote on the details of this agreement is with the fairies. That is not to disrespect the ability of the electorate; it is in fact because I respect the will of the electorate that I voted for the Government in triggering Article 50 and the withdrawal Act. But we now know what is on offer. We have had broad instructions from the electorate, and broad instructions are all that can be expected from a referendum question. The detail of it was always a task for Parliament, and that is where the responsibility should lie.

Should Parliament be unable to accept this agreement —although I will support it—there is a viable option. It would not involve disregarding the referendum result. Parliament has respected that. It has given the Government its approval for the Article 50 process and the withdrawal Act, both of which I supported. If Parliament does not agree with the outcome and with the Government’s best endeavours to secure a satisfactory deal for the UK, rather than reverting to another referendum, it should put to itself the question of whether the withdrawal of Article 50, but with the reversion to Mr Cameron’s deal, is the optimal outcome. The negotiation—which was quaintly titled A New Settlement for the United Kingdom Within the EU—provided far more benefits, even on free movement, than the Norway-plus option does, and it retained a special status for the UK, with all its privileges.

In conclusion, I advocate accepting the Government’s compromise withdrawal agreement. But, failing that, I would go for “Mr Cameron’s-plus” rather than Norway-plus. I will therefore follow the line of the noble Lord, Lord Butler of Brockwell, on the Motion.

Syria

Baroness Falkner of Margravine Excerpts

Monday 16th April 2018 Lords Chamber

[Baroness Falkner of Margravine (LD)]

My Lords, this is a sober moment for this country because, although we are extremely relieved that the operation has been successful, we have not seen the threatened Russian retaliation yet, so the game is not over and it is time to reflect a little bit. I am concerned that the Statement repeated here said two things. One was that speed was essential, yet we took seven days. The definition of an emergency is a serious, unexpected and often dangerous situation demanding immediate action. The second thing we have been told today is that the House of Commons is not to be trusted. Despite assurances given by Mr Hague in 2011 and the assurances Mr Cameron gave after the Chilcot report in 2016, when he repeatedly told the other place that it would be extremely exceptional that the convention that had been agreed and established in both Houses would be disregarded, this week that convention has been disregarded. The Minister may know that I had a Private Member’s Bill to codify a war powers Act that would have allowed this action to go ahead had it been codified. Will the Government now go back and contemplate resolving this once and for all?

[Baroness Evans of Bowes Park]

I am afraid I disagree with the noble Baroness’s question. We made a decision and there was a Written Statement a couple of years ago. The position remains that we will not be codifying the convention in law or by resolution of the House in order to retain the ability of this and future Governments and the Armed Forces to protect the security and interests of the UK in circumstances that we cannot predict and to avoid such decisions becoming subject to legal action. That is what we have stated and that remains our position.

European Union (Notification of Withdrawal) Bill

Baroness Falkner of Margravine Excerpts

2nd reading (Hansard): House of Lords
Tuesday 21st February 2017 Lords Chamber

[Baroness Falkner of Margravine (LD)]

My Lords, I need to make a few declarations. The first is that I have the privilege in this House of chairing the EU Financial Affairs Sub-Committee. I would say this, but in my opinion it is the most significant committee at this point in terms of the angles that it is looking at, such as financial services and the EU budget. My other declaration is more personal. I am married to a German, I have lived and worked in France, and I have a house in Italy. So I have a big dog in this fight, not a little whippet.

However, I have to tell the House that on the passage of this Bill I will be voting with the Labour Opposition and the Government Benches. Why do I take the position I do? It is not because I am any less a remainer today than I was on 23 June—I am every bit a remainer; as I explained, I have a deep and personal motivation to wish that the result of last June had not happened. But I believe that a second referendum entails risks for which the price is too high: too high for the country overall and too high for the other European countries. It has been stated that the people voted for a departure but not a destination. In my view, people had a very clear idea of the destination: the destination was a break from the EU. I agree that they did not know exactly what the terrain would look like, but they knew they were taking a risk.

A vote is always conducted on imperfect information. There is an inherent risk in any decision about the future, whether it is intervention in Syria or, as on this occasion, the EU. Take as an analogy the Scottish devolution referendum in 1998. At the time, Conservative, Labour and Lib Dem unionists in Scotland were told that the electoral system was such that no single party could take power alone and so the nats would not be able to take power and re-open the independence question again. We all know how that turned out. Take the euro. In the late 1990s and early 2000s, voters in several EU states had a referendum on joining the currency. In their nightmares they could not have imagined the financial crisis and the banks too big to fail nearly bringing down the sovereigns. In Greece, Italy and indeed even in Germany, people could not have known what was to hit the euro in less than a decade. People always act on imperfect information.

The other reason why I believe that we now have to implement the result is the referendum Act of 2011. Let me remind the House that that Act commits us to a referendum if further powers or competencies are passed to the EU that entail treaty change. That is the current situation. There are people across this House who wished to try to defeat the Act—I was one of them—but we failed. We now have a situation where treaty change, driven by the exigencies of European integration, is inevitable. This House knows that the eurozone crisis, the security issue, the need for joint co-operation on immigration and a host of other things will bring the Europeans to the point at which they will need treaty change, if not in the next five years then in the next 10. We would have had to take this issue to the British people anyway, if not in 2016 then perhaps in 2026.

Let me turn now to the central purpose of the Bill, which is in effect to trigger Article 50. While it may be theoretically possible to revoke Brexit while the talks on the question are still going on over the next two years, politically we cannot revert to the status quo ante. It is contrary to what the other 27 countries of the EU envisage in terms of their understanding of Article 50: that in effect it is politically irrevocable.

Once we have passed this Bill, there is no longer any possibility of a negotiation where the UK could go into the talks again with a set of demands on the proviso that if they are not good enough we will have another referendum. I say “again” and “another”, because we have already done that. From 2013 a referendum was promised if the Conservatives won the election. After 2015 the Government spent a year renegotiating a new settlement with the EU, securing what I think was a very good settlement. However, we were not able to sell that to the people, and here we are.

The EU has seen the latest bout of UK-inspired disruption for six years now, since 2011, with at least a further two years to go. The idea that we can try the same thing again and again shows a profound misunderstanding of how the EU works and ignorance of our partners’ patience and preoccupations. They will not go into an Article 50 negotiation or give us any serious terms if they believe that we will prolong the agony, theirs and ours, with the risk that we might have the same result after another vote. In fact, the contrary is likely to happen, as there is already a view across the Channel that what we were offered last year was too generous. So to stop others from using the same ploy we are likely to lose some of our opt-outs and special exemptions. To keep united, the EU needs us to move on so that it can resolve the myriad problems confronting both the Union and us.

Janan Ganesh writing in the Financial Times today lays out a future for Britain’s relationship with the EU where we, the remainers, will have to mobilise, to make our case, and to wait for new relations to evolve. Bit by bit, the UK will have to renew its engagement with the EU if it is to thrive and not just survive. Pragmatism will be driven on that occasion by the voters themselves, again. He says:

“Brexit is an idea whose only effective rebuttal is its own implementation”.


It will take time and it will take patience. I hope to play my small role in the passage of this Bill.

European Union and Canada: Comprehensive Economic and Trade Agreement

Baroness Falkner of Margravine Excerpts

Thursday 27th October 2016 Lords Chamber

Asked by

[Baroness Falkner of Margravine]

To ask Her Majesty’s Government what assessment they have made of the current state of negotiations of the Comprehensive Economic Trade Agreement between the European Union and Canada; and what lessons they have drawn from these negotiations.

[Baroness Mobarik (Con)]

The UK remains fully supportive of CETA and of the EU’s wider trade agenda. We have been working closely with the Commission and other member states to enable signature of this agreement to take place, and negotiations are continuing in Brussels today. As noted by the Prime Minister, we are not looking to replicate a model that another country has; we want to ensure that we have the right deal for the United Kingdom.

[Baroness Falkner of Margravine (LD)]

I thank the noble Baroness for her reply. I wonder whether she recognises these words: Brexit,

“means immediately seeking Free Trade Agreements with the biggest prospective markets as fast as possible. There is no reason why many of these cannot be achieved within two years. We can pick up the almost complete agreement between the EU and Canada, and if anything liberalise it”.

In case she does not remember them, they were written on the website of Conservative Home by the current Secretary of State for Exiting the European Union, Mr David Davis. Do the Government still believe that their bespoke deal can be delivered in two years? What bilateral talks are they having with other EU member states to prevent the UK deal being a “mixed” agreement, needing ratification in over 30 assemblies and parliaments?

[Baroness Mobarik]

I thank the noble Baroness for that. I think that there were several questions there and I shall attempt to answer at least one of them. The UK is unique and the deal that we negotiate will be bespoke. The relationships that Canada and the UK have with the EU are very different. We are an EU member state, whereas Canada is not. The UK is an important market for the European Union and therefore an ongoing trading relationship is in the EU’s interests.

European Council

Baroness Falkner of Margravine Excerpts

Wednesday 29th June 2016 Lords Chamber

[Baroness Stowell of Beeston]

I am not able to provide right now the data that the noble Lord has asked for on the economy. If I can, I will write to the noble Lord with that information. I would say to him again, and to the House as a whole, that we have a strong economy in this country, and it is because of that strong economy that we are in a good position to withstand whatever period of uncertainty we are about to endure.

[Baroness Falkner of Margravine (LD)]

My Lords, the noble Baroness tells the House that the empty chair today is not because of any legal issues but because it is an informal meeting. She will know that Nicola Sturgeon is meeting the Commission chairman, Mr Juncker, as well as the President of the European Parliament today. Is that an informal meeting as well? Is foreign affairs still a reserved matter, or will they have discussions with the Scottish Government over amending the Scotland Act and consultations about Brexit?

[Baroness Stowell of Beeston]

I can certainly confirm that foreign affairs is a reserved matter and that the UK’s relationship with the European Union is just that—the UK’s relationship with the European Union. The decision to leave was one taken by the United Kingdom as a whole. Future negotiations on our future relationship will be United Kingdom led. That said, the Prime Minister has been at pains to stress that, in this period—and, he hopes, that of his successor—the United Kingdom Government will consult the devolved Assemblies. We want to ensure the best result for all parts of the United Kingdom and this Government very much believe that that will be achieved if we consult them.

As for the noble Baroness’s points about empty-chairing discussions on this, that and the other, I point out to noble Lords that, in addition to attending the European Council yesterday, the Prime Minister held bilateral meetings with other members of the European Union, the President of the Commission and so on. He has said today that, while formal negotiations on the UK’s exit from the EU will be triggered by Article 50, which can be triggered only by the United Kingdom—and members of the European Union have made clear that, from their perspective, that is the point at which formal negotiations will start—that will not prevent discussions taking place bilaterally. That is something which he very much hopes his successor will continue.

Syria: UK Military Action

Baroness Falkner of Margravine Excerpts

Wednesday 2nd December 2015 Lords Chamber

[Baroness Falkner of Margravine (LD)]

My Lords, I start by congratulating the noble Lord, Lord Hague of Richmond, on the brevity and clarity of his fantastic maiden speech. It was an important speech and the House needed to hear his voice today.

I have spoken in 43 debates on Syria since 2011. In the intervening five years, more than 9 million people have been displaced, more than 1 million injured and 250,000 killed. It is important for us to recognise that. For most of this period, I have argued for intervention because it was evident that, poorly governed as the Middle East is, it was incapable of resolution on its own. The rise of ISIL was not a surprise. Al-Qaeda and its affiliates have always mobilised in vacuums, as we know from Somalia and Afghanistan. As with AQ, so we have to deal with ISIL.

To those who have concerns about the UK’s belated engagement to degrade Islamic State in Syria, I say this: I am the first to admit that bombing cannot destroy an ideology, but it is undoubtedly true that the ownership of territory gives you the attributes of statehood. IS raises revenue from having 20 to 30 billion barrels of oil, pumped daily from captured fields in eastern Syria and northern Iraq and providing about $50 million a month. It raises taxes from the population trapped within its area of control and it administers summary justice—although on justice I say to the House that in our abhorrence of its justice, we seldom recognise that our ally in Saudi Arabia has similar and as barbarian punishments, some of which it is carrying out this week. The fact that ISIL runs like a state is what makes it attractive to other jihadis, including Western ones. To push back against its territorial gains therefore has to be an essential part of the strategy, and air power is already working in that regard. The Americans say that they have killed more than 20,000 IS fighters since August 2014, so to suggest that air power is therefore irrelevant is strange, to say the least.

There is also much concern that we do not have a developed strategy beyond air power. I do not want to get into a numbers game, but I will say that growing up in conservative Muslim societies, with 42 years in and out of the Middle East, has taught me one thing: that in the Middle East, allegiances shift in the sands as much as they ever did. The entire history of Islam—the Shia/Sunni schism and much more—is about shifting powers and then shifting allegiances. When the facts on the ground start to change as we join the campaign to degrade IS, so too will myriad fighters change sides. The US saw that in the tribal awakenings in Anbar in Iraq in 2007, and we may see it again.

Moreover, on strategy, we have seen in warfare that whatever the game plan was when you started out, a few months later it will not be what you expected. We cannot know how this will end; that does not mean that we are not right to try to shape events. I simply remind the House that the Islamic State’s motto is “Enduring and expanding”. That is their brand and their mission. We owe humanity a duty to try to prevent that.

Tunisia and European Council

Baroness Falkner of Margravine Excerpts

Monday 29th June 2015 Lords Chamber

[Baroness Stowell of Beeston]

It is important for me to say that this is not about defeating Islamism; it is about defeating extremism and an ideology that is perverting a religion called Islam. All, I am sure, that any of us in your Lordships’ House wants is for the shared values in Britain, which are all about freedom and democracy, to be the loudest message that everyone hears. We want to ensure that we say to any person who shows sympathy with extremism that that will not be tolerated. Wherever it comes from, extremism should never be part of anybody’s conversation in this country. The Prime Minister is making clear in his contribution to the debate at this time that he wants all those in the Muslim community to have the confidence to know that they are right in condemning acts of extremism, that when they condemn acts of extremism they are standing alongside the rest of this country and that together we are going to defeat this extremism. Only together will we succeed.

[Baroness Falkner of Margravine (LD)]

My Lords, the Minister speaks about the Muslim countries in the Middle East trying to achieve good governance and stability. Would she accept that the war in Syria, which by next year will be entering its sixth year, must be resolved? The European Council Statement talks about a strategic reflection to conclude by June 2016. By then, ISIL will have been in power for two years in a given territory and the Syrian war will have been going on for six years. We do not have the time or the leisure to watch all this unfold over an extremely long period. What progress are they making towards trying to bring about Geneva III, a peace process, even if that results in a partial peace in Syria? We will turn the tide back through incremental gains in peace and stability on the ground and not through a good-governance revolution in places such as Saudi Arabia and Bahrain, which are going in the opposite direction.

[Baroness Stowell of Beeston]

What I am trying to say is that, as the Prime Minister made clear in his Statement, this is not a situation in which just one approach will see a successful result. There has to be a combination of approaches, which includes some military intervention. We are not involved in the military intervention in Syria—the noble Baroness knows of course that the decision was taken not to pursue that course of action—but we are supporting it with intelligence. I do not have the kinds of answers that she wants from me today, but I can assure her that the Government completely agree with her desire for urgent action. We want to see progress. That is what we are working towards, and we are trying to do so at every level and with every partner that we can to bring about progress in the Middle East.

European Council

Baroness Falkner of Margravine Excerpts

Monday 23rd March 2015 Lords Chamber

[Baroness Falkner of Margravine (LD)]

My Lords, I thank the Leader of the House for repeating that Statement, which sounded rather like the Conservative election manifesto—but then so did Labour’s response. I am sure the House will be pleased to hear that I will stick to the conclusions of the European Council rather than doing that.

The conclusions say at paragraph 13 that the high representative, in co-operation with member states, is going to prepare an action plan by June to counter Russia’s disinformation campaign. In light of the questions we had a little earlier today in the House, can the Leader of the House confirm that the BBC will assist the high representative in forming this communication team, as it clearly has great expertise in that regard? The other point is on paragraph 16 and the Commission’s initiative to submit a European agenda for migration. Will this be restricted perhaps to the Schengen area, or will it be a comprehensive EU-wide agenda, because the material facts and action possible will be very different in both regards?

Finally, the Leader of the House challenged us at the end of the Statement on the European referendum pledge—

[Noble Lords]

Order!

[Baroness Falkner of Margravine]

I am concluding. Could I just ask whether the Leader of the House has seen the report coming out today by Open Europe on the cost of exit?

[Baroness Stowell of Beeston]

On my noble friend’s first point about communication and Russia, I would not want to commit as to what role the BBC World Service might play. I point my noble friend to the fact that the good governance fund to which I referred in the Statement is designed to help those eastern nations which neighbour Russia and in the Balkans to improve their strategic communications. As to her point about the Open Europe report today, the key thing that I took away from it was that the best way forward is for a reformed European Union, and that is what David Cameron is committed to securing.

Syria: Refugees

Baroness Falkner of Margravine Excerpts

Wednesday 10th December 2014 Lords Chamber

[Lord Ashton of Hyde]

I agree entirely with the noble Baroness that this is an extremely difficult situation and I take her point about winter coming. The fact is that we regard aid on the ground as the most important way of helping those neighbouring countries which have all the problems she suggests. £700 million is not a small amount. It is the largest single aid figure we have ever given. I completely agree that it has to take place in the context of a political settlement. Taking vulnerable people and asylum seekers is important but, in terms of actual direct effect, in the short term aid on the ground is the best way of helping the neighbouring countries.

[Baroness Falkner of Margravine (LD)]

My Lords—

[Lord Elystan-Morgan (CB)]

My Lords—

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

My Lords—order, order—we have not heard from the Liberal Democrat Benches so it is the turn of my noble friend Lady Falkner.

[Baroness Falkner of Margravine]

My Lords, we are coming to the fourth anniversary of this conflict. In answer to the noble Lord, Lord Cormack, the Minister said that the Government do not believe in keeping the Assad regime in place—

[A noble Lord]

We need your voice, Dafydd. We need your voice.

[Baroness Falkner of Margravine]

My Lords, I obviously cannot go on with my question if the Cross-Benchers continue.

The Minister said that the Assad regime cannot be kept in place. Did he mean that President Assad cannot be kept in place and does he rule out in any future peace settlement any conversations that might allow some elements of the regime to take over in a transitional government? That is a change in position as far as I understand it.

[Lord Ashton of Hyde]

I certainly did not make that clear. I am not prepared today to give details of Foreign Office policy, but I will consult with my colleagues and write to the noble Baroness about that issue.