European Union (Withdrawal) Bill

Baroness Goldie Excerpts

Report: 2nd sitting (Hansard): House of Lords
Monday 23rd April 2018 Lords Chamber

[Lord Judd (Lab)]

My Lords, I strongly associate myself with what my noble friend just said, which is why my name is on his amendment.

I cannot say how glad I am to see this amendment from the noble Baroness, Lady Brown, and the noble Lord, Lord Deben, on the Marshalled List. It would be a sad day if, in our preoccupations, we were so absorbed with the constitutional and legal dimensions of the issues before us that, by default, we let go of our responsibilities as guardians of our natural and environmental inheritance and our responsibility for what we bequeath future generations. I am therefore fully behind the main amendment we are debating. My own amendment deals with a special aspect: biodiversity. Just this morning, the urgency of the situation was clearly brought home when we were reminded that the recent report on the state of the world’s birds shows that one in eight bird species is threatened with extinction. That includes puffins, snowy owls and turtle doves.

The role of the European Union has been important. The Joint Nature Conservation Committee put it clearly, as I explained in Committee. It said:

“The EU plays a crucial role in developing policy and legislation to protect the environment and meet its objective for sustainable development. The EU has specific targets for biodiversity conservation with legislative protection for key habitats and species … The EU and global biodiversity targets are partly delivered through a range of legislative measures, which place obligations on Member States to protect biodiversity and the natural environment. The EU and Member States have shared legal competence—shared responsibility—in forming and implementing legislation for the environment”.


As I said, the committee makes a third point about,

“the great importance of the directives on the conservation of wild birds and on the conservation of natural habitats and wild fauna and flora”.—[Official Report, 7/3/18; col. 1130.]

Can I just for a moment put some flesh on the issues before us? To give one important example, the balance between trees, pests and pathogens is fragile and vigilance is needed to monitor and correct imbalances where they occur before they reach an irreversible state. Invasive non-native species and pests can be at an advantage in new environments where trees have not evolved alongside them and developed the necessary biological defences or cultivated the necessary predatory species. Where this happens, the results can be devastating economically and ecologically. Trees are important in their own right and are the foundation of pieces of woodland, providing a scaffold for entire ecosystems. Beyond woods themselves, they are a vital connective habitat for numerous species to move through in response to other drivers of change, such as climate.

Through European Union membership as it stands, we already have free-flowing information sharing with our fellow member states in the area of biosecurity. These connections should surely be maintained and indeed strengthened, not least because human agency is often the cause of tree pests and pathogens moving to new areas. If we are to protect the UK from future threats—

[Baroness Goldie (Con)]

I thank the noble Lord. I think the House would welcome specific attention to the amendment in the context of his remarks.

[Lord Judd]

With great respect, I am, of course, speaking to my own amendment. If we are to protect the UK from future threats, such as emerald ash borer, then we need to maintain existing protective measures. The issues before us cannot be overemphasised and all I want is that we get an absolute assurance from the Minister that whatever happens in terms of the withdrawal Bill, we will have the same safeguards and certainty that is beginning to be generated by the international co-operation we have been achieving under the European Union.

--- Later in debate ---

[Baroness Goldie]

My Lords, I am grateful to the noble Lord, Lord Wallace of Saltaire, for bringing attention to this important issue in his Amendment 29 and I welcome the opportunity to set out the Government’s position in this vital area.

I begin by emphasising that the UK is unconditionally committed to European security. We want to continue working closely with our European partners to keep all—all—of our citizens safe. There is mutual benefit in such proximity of relationship; frankly, to think otherwise would be plain daft.

As the Prime Minister underlined in her Munich speech, this is not a time to inhibit our co-operation or jeopardise the security of our citizens. We want to find practical ways to continue working with the EU to protect our citizens and safeguard our shared values and interests. That speech, as the noble Lord, Lord Wallace, suggested, set out the new deep and special security partnership we want to develop with the EU, including our ambition to retain the co-operation we already enjoy with member states and to go further to meet new threats.

The Government are clear that we must do whatever is most practical and pragmatic to tackle real-world challenges. I must thank the noble Lord, Lord Kerr, who acknowledged the importance of what the Prime Minister was saying in her speech. As an example of our ambitions, the UK aims to continue to develop capabilities to meet future threats. On defence, that means agreeing a relationship between the UK and the European defence fund and the European Defence Agency.

It is important to observe that our security interests do not stop at the edge of our continent. As a permanent member of the United Nations Security Council, a leading contributor to NATO and the United States’ closest partner, we have never defined our approach to external security primarily through our membership of the EU. On leaving the EU, it is right that the UK will pursue an independent foreign policy, but the interests which we will seek to project will continue to be based on shared values.

Amendment 29 seeks to do something else: to ensure that the Government endeavour to secure future co-operation in the field of foreign and security policy. As I have set out, this is a top priority for the Government. The amendment also seeks to ensure that relevant EU law and regulations are integrated into UK legislation. I suggest to the noble Lord, Lord Wallace, that this is unnecessary in the face of the Bill’s explicit provisions. The Bill will incorporate EU regulations and decisions applying in relation to the UK, and any directly effective rights, obligations, powers, liabilities, remedies, restrictions and procedures arising under treaty articles at exit day. Our approach is one of maximum continuity. No further provision is needed to ensure that the Bill can fulfil this vital aim.

It is for those two reasons that this amendment, I would argue, is unnecessary. I therefore ask the noble Lord to withdraw it. I clarify that this is not a matter to which the Government propose to return at Third Reading.

[Lord Wallace of Saltaire]

My Lords, I regret that that is an extremely unsatisfactory answer. To say that shared values will continue to link us to the European Union after we pursue our independent foreign policy means nothing, more or less. Shared meetings and shared intelligence are what we need. We have close co-operation with France, which we have had since 1998—reinforced in 2010—and a defence treaty for collaboration; we have co-operated with the Netherlands and others; and we are currently in command of one of the military operations at Northwood, Operation Atalanta. All of that is going into thin air, but apparently we will continue to share values, and that will do. It will not do, and I suggest strongly to the Government that this issue will not go away. It will become more embarrassing as the months go by if the Government do not begin to clarify what they have in mind, particularly given that Ministers cannot agree among themselves what they want to do.

The noble Lord, Lord Kerr, is absolutely right that we need to make some proposals. We would gain enormously in terms of the trust of those with whom we are negotiating if we made some proposals. The Prime Minister’s Munich speech implied that we would be making some proposals. The noble Baroness, Lady Smith, was right, and I was wrong to suggest that there is a plan: no such plan exists.

When I was studying history, I used to think that the Conservative Party was about strong foreign policy and strong defence. However, on this fundamental issue, the Conservative Party appears to be about holding itself together, not about strong defence, which these days necessarily means working closely with others. We cannot afford to be an independent military power any longer. We are in a much darker international environment than we were in 2016 when the referendum was fought. We need our friends and partners, and we need to work closely with them.

This is an issue that will not go away. I do not intend to ask to divide the House at this late hour, but the resonance of this issue will grow rather than shrink. It will embarrass the Government and the Conservative Party more and more as we slide towards March 2019 without any clear idea. I regret that on this occasion, unlike when we discussed this issue in Committee, the Foreign Secretary has not been able to join us at the Bar. Never mind—I trust a report will go back to him. I did not recognise he was there at that time.

I will therefore withdraw the amendment, but the Government have to think a great deal more carefully about what they want in the area covered by the Treaty on European Union, rather than by the treaty on the implementation of the European Union. I disagree with the noble Baroness, Lady Goldie, when she suggests that the withdrawal Bill is only about the treaty and therefore does not cover that issue. Look at Article 49 of the Treaty on European Union and the various things which cover foreign policy and defence co-operation. If we are going to have close co-operation, including on intelligence and military deployment, there have to be formal structures and agreements. So I wish to withdraw this amendment, but we and others will have to return to this issue with increasing urgency if the half-promises made by the Prime Minister in her Munich speech turn out to be half-promises and nothing more.