Northern Ireland (Executive Formation) Bill

Baroness Goldie Excerpts

Report stage (Hansard): House of Lords
Wednesday 17th July 2019 Lords Chamber

[Baroness Goldie (Con)]

It appears that we are still on Amendment 20, which needs to be debated before we consider Amendment 20A.

[Lord Empey]

My Lords, I follow the contribution from the noble Lord, Lord Dubs, who has frequently drawn attention to similar issues. I have no doubt that, as part of the United Kingdom, if it is a decision of the country to try to help people, it is reasonable that that is spread out as evenly as possible. However, I would draw the attention of the House to the fact that the structures of local government, in particular, in Northern Ireland are radically different. Local authorities have no locus in this at all. There are health and social services boards, a housing executive and housing associations, but their funding would have to come from Stormont. That is the conundrum we are confronted with. It is not that there is any lack of hospitality or willingness to play a part in a UK-wide problem. The structures are radically different, and all the social services and housing issues are funded through Stormont and not through local government. Members have to be aware that that is why there is an issue here.

On housing, as I said earlier with regard to welfare mitigation, part of the problem is that we do not have the appropriate housing units in many cases, so we rely heavily on voluntary organisations, Church organisations and others. However, there has to be funding stream for them to deliver their services and offer help. Members must understand that that is why we have a difficulty. It is not as if we can go to Sheffield or Coventry City Councils, which can provide services; I hope that Members understand that. We have Syrians and other such people coming to our shores from distressing situations. People are happy to rally round them, but getting funding flowing has to happen via Stormont. That is the obstacle in our way. Perhaps the Minister can address that in his response.

Withdrawal Agreement: Attorney General’s legal opinion on the Joint Instrument and Unilateral Declaration

Baroness Goldie Excerpts

Tuesday 12th March 2019 Lords Chamber

[Lord Davies of Stamford (Lab)]

Just to deal with “egregious” first, surely the word derives from the Latin “e grege”—

[Baroness Goldie (Con)]

Order. May the Minister respond?

[Lord Keen of Elie]

I will welcome the noble Lord’s comments. His reference to Latin will no doubt enhance this debate. However, for the moment, I entirely concur with the observations of the noble and learned Lord, Lord Mackay of Clashfern. It would be foolish in the extreme to make an important—indeed, significant—political decision on the basis of a risk that can genuinely be regarded as negligible.

Brexit: Negotiations

Baroness Goldie Excerpts

Tuesday 20th November 2018 Lords Chamber

[Lord Callanan]

That this House takes note of the statement by the Prime Minister repeated by the Lord Privy Seal on 15 November relating to the European Union exit negotiations.

[Baroness Goldie (Con)]

My Lords, this will be an extremely interesting and important debate. It is a long one and time constraints are very restrictive. I ask your Lordships please to observe the speaking limit for Back-Benchers of four minutes. If the Clock shows four and the noble Lord or noble Baroness shows no sign of sitting down, I may have to attend to that physical exercise for him or her.

[The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)]

I am sure that nobody wishes to incur the wrath of my noble friend Lady Goldie.

My Lords, as the Prime Minister set out in her Statement last week, we have now agreed the provisional terms of our exit from the European Union, set out in the draft withdrawal agreement. We have also agreed the broad terms of our future relationship, as set out in the outline political declaration, also published last week. Both the UK and the EU are now preparing in earnest for a special European Council taking place this Sunday 25 November, where we hope to be able to agree the full political declaration on our future relationship.

Before I speak further about the draft withdrawal agreement, I am sure that noble Lords will have noted the appointments last Friday of my honourable friend the Member for North East Cambridgeshire as Secretary of State for Exiting the European Union and of my honourable friend the Member for Spelthorne as Parliamentary Under-Secretary of State in the Department for Exiting the European Union. I look forward to working with both colleagues as the whole Government deliver on a Brexit deal that honours the result of the referendum and takes the country from strength to strength, but I must add that both the UK and the EU have reiterated, time and again, that nothing is agreed until everything is agreed. To that end, we will not sign a withdrawal agreement without a full political declaration and we will ensure that Parliament can make an informed decision and that business and citizens have a clear understanding of our future relationship.

What we agreed last week is a draft treaty that means that we will leave the EU in a smooth and orderly way on 29 March 2019 and sets the framework for a future relationship that delivers in our national interest. It takes back control of our borders, our laws and our money; it protects jobs, security and the integrity of the United Kingdom; and it delivers in ways that many said could simply not be done. The outline political declaration sets out an arrangement that is superior for our country than options such as Canada-plus, Norway-minus or even Norway-plus—a more ambitious free trade agreement than the EU has agreed with any other country. On security co-operation, the outline political declaration sets out a breadth and depth of co-operation also beyond anything the EU has agreed with any other country.

I shall now set out the details of the agreement. First, the full legal text of the withdrawal agreement has now been agreed in principle. It sets out the terms on which the UK will leave the EU on 29 March 2019. We have secured the rights of the more than 3 million EU citizens living in the UK and around 1 million UK nationals living in other countries in the EU. We have agreed a time-limited implementation period that ensures that businesses have to plan for only one set of changes. We have agreed protocols to ensure that Gibraltar and the sovereign base areas in Cyprus are covered by the withdrawal agreement and we have agreed a fair financial settlement, estimated to be far lower than the figures many mentioned at the start of these negotiations.

As the Prime Minister has made clear since the start, we have been committed to ensuring that our exit from the EU addresses the issue of the border between Northern Ireland and Ireland. We believe that this issue can best be solved through our future relationship with the EU, but the withdrawal agreement provides an insurance policy, meaning that should the new relationship not be ready in time for the end of the implementation period, there will still be no hard border between Ireland and Northern Ireland. As noble Lords will know, the original suggestion from the EU was not acceptable, as it would have resulted in a customs border in the Irish Sea and cast doubt upon the integrity of our United Kingdom, so last month the Prime Minister set out for the House the four steps we needed to take. This is what we have now done, and the EU has made a number of concessions towards our position.

First, the EU proposal for a Northern Ireland-only customs solution has been dropped and replaced with a new UK-wide temporary customs arrangement that protects the integrity of our precious union. Secondly, we have created an option for a single, time-limited extension of the implementation period as an alternative to bringing in the backstop. As we have said many times, we do not want to extend the implementation period and we do not believe that we will need to do so. This is an insurance policy, but if it happens that at the end of 2020 our future relationship is not quite ready, then the UK will be able to make a choice between the UK-wide temporary customs arrangement and a short extension of the implementation period.

Thirdly, the withdrawal agreement commits both parties to use their best endeavours to ensure that this insurance policy is never used. In the unlikely event that it is needed, if we choose the backstop the withdrawal agreement is explicit that the backstop is temporary and that the Article 50 legal base cannot provide for a permanent relationship. There is also a mechanism by which the backstop can be terminated. Finally, we have ensured full continued access for Northern Ireland’s businesses to the whole of the UK internal market.

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[Lord Carlile of Berriew (CB)]

My Lords, some two and a half years have passed since the 2016 referendum. My concern in this debate is the role of Parliament now, after not just that referendum but the reaching of the draft agreement we have in front of us. I agree with what I regard as the very cogent arguments made by the noble Lord, Lord King of Bridgwater, and my noble friend Lord Hennessy.

I suggest that our task as parliamentarians, particularly in the other place now, must surely be to cut through the recriminations and posturing which have been so clear in the last few years and clear the path to a solution, without running back to the people on the basis that we are not fit to do our duty as parliamentarians.

Parliament was advised strongly, but not enslaved, by the 2016 referendum. The Government have done their duty, in the sense that they have negotiated and presented us with a settlement of a kind, whether we like it or not. I note that the negotiations for that settlement were conducted by two strongly Brexiteer Secretaries of State, neither of whom advocates no deal as being a felicitous result. As many in this debate have said, it would be a disastrous result for the United Kingdom. I suggest that surely it is now time for Parliament to exercise its judgment. It was neither a constitutional nor empirical requirement that we should leave the European Union come what may if the result of the negotiations was contrary to the national interest.

There has always been a clear inference—and, I suggest, a constitutional requirement on us as parliamentarians—that the deal obtained should be considered on its merits by both Houses of Parliament and accepted or rejected accordingly. I fear that the current political drama—many in the Conservative Party will recognise this—has been forced on us by internal disputes within that party. I observe and venture—kindly, I hope—that now may be the time for Conservatives, particularly in the other place, to recognise that they cannot all have their own way or, to coin a phrase, “scweam and scweam”. The interests of our country should be placed above their own perceptions.

My conclusion is that there are only two realistic options, given that no deal is so plainly contrary to the national interest. Either we accept, subject to what appear to be available nuance changes, the still-available deal negotiated and agreed in Cabinet by Mr Raab before his somewhat unusual resignation the day after a passionate declaration of Cabinet responsibility; or we reject that deal and abandon the whole Brexit project as having produced a result contrary to the national interest. Those are the alternatives that should be placed before Parliament and on which Parliament, especially the other place, should exercise its responsibility with as little delay as possible.

[Baroness Goldie]

My Lords, time is now very tight. I ask your Lordships to watch the clock like a hawk and, when it reaches four minutes, please resume your seats.

European Union (Withdrawal) Bill

Baroness Goldie Excerpts

Committee: 9th sitting (Hansard): House of Lords
Wednesday 21st March 2018 Lords Chamber

[Lord Hennessy of Nympsfield (CB)]

My Lords, I regret that I was unable to speak at Second Reading. I promise that I shall not make up for it this afternoon; I shall be very brief.

With the clauses before us this afternoon and evening, we have reached a truly load-bearing piece of the Bill. In my more anxious moments I sometimes think that the very weight of the kingdom is resting upon it, and that, if it is misjudged, the chances of the union eventually crumbling would be worryingly greater.

I do not doubt the Government’s good faith in the negotiations within the Joint Ministerial Committees but, as other noble Lords have already mentioned, the devolutionary spirit of 1998 needs to suffuse the discussions in those committees’ deliberations, and, indeed, ours in both Houses of Parliament.

If the European question infects and envenoms the union question, the country will suffer a self-inflicted blow of immense proportions. Of course, there is a need to retain an effective internal market within the UK. That is absolutely crucial, but the sustenance of the union—the essential quiddity of our nation—is paramount, which is why I express my wholehearted support for the thrust of the amendments in the name of my noble and learned friend Lord Hope of Craighead.

[Baroness Goldie (Con)]

My Lords, first, I both echo and reaffirm what the noble and learned Lord, Lord Hope, said: there must be respect for the devolved Administrations. I emphasise that as emphatically and cogently as I can at this Dispatch Box, and I confirm that the Government are wholly committed to demonstrating that respect.

As a number of your Lordships observed, the Government have tabled amendments to Clause 11, and we will give them our full consideration shortly. We have to acknowledge that the position we ultimately reach on Clause 11 will have implications for related policy on devolution in the Bill. Indeed, the noble and learned Lord, Lord Hope, acknowledged that. I can reassure your Lordships that we are mindful of the need to revisit the approach we have taken for the Schedule 2 powers in the light of that forthcoming debate on Clause 11. I therefore thank the noble and learned Lord Hope for instigating this debate on whether the devolved Ministers should be permitted to sub-delegate their Schedule 2 powers.

Amendments 266 and 278 would remove this restriction from the correcting power and the international obligations power for Scottish and Welsh Ministers and for Northern Ireland departments. Amendment 292 relates to the withdrawal agreement power and would have a wider effect, but I understand that the intention is the same. I should be clear that we do not oppose in principle the idea that these powers should be able to be sub-delegated to and by devolved authorities where appropriate cause is shown. This is already evident in the Bill. Noble Lords will see that this restriction—for instance, in paragraph 1(4)(b) of Schedule 2—is already qualified to allow for the sub-delegation of a power to make rules of procedure for a court or a tribunal. This ensures that the power can be sub-delegated where appropriate to ensure judicial independence. We have invited the devolved Administrations to offer any examples of where sub-delegation would be needed, and we have made clear that where they identify such examples we shall consider drawing further exceptions to the restriction. So far, no examples have been given.

It has been our intention—this may surprise the Chamber—not to make the powers in this Bill any wider than is appropriate. Opening up the possibility of sub-delegation by devolved Ministers in all cases where no prior need has been demonstrated does not align with this intention. However, I have listened to the contributions made this afternoon and have heard the concerns that your Lordships have expressed today. I have taken particular note of the question of respect as it relates to the perceived unfairness of a possible disparity between the devolved ministerial powers and the corresponding powers for UK Ministers.

[Lord Thomas of Gresford]

I do not understand the expression “sub-delegation” that the Minister uses. Does she suggest that when powers are given to Ministers in the devolved Administrations, that is “sub-delegating”? I do not think that is the appropriate term.

[Baroness Goldie]

It is merely a generic description of the power to exercise delegated power-making by regulation, as encompassed by these provisions in the Bill.

I reiterate that I accept that these are serious points. They deserve serious consideration, and I can confirm that the Government are prepared to look again at where such a change may be merited for the use of the powers by the devolved Administrations in this way.

[Lord Morris of Aberavon]

May I pursue the intervention made by the noble Lord, Lord Thomas? “Delegated” is not an appropriate term here; they are devolved powers, not delegated powers.

[Baroness Goldie]

I accept the distinction drawn by the noble and learned Lord. I am trying to address the amendments of the noble and learned Lord, Lord Hope, in the context of what the provisions do and his concern that they appear to cut off what he considers an entitlement of the devolved Administrations. I have tried to explain why, inevitably, these aspects are interlinked with the wider debate we will have on Clause 11.

The Government are prepared to listen to what has been said. I have indicated that we are prepared to look again at these provisions. I thank the noble and learned Lord for bringing forward his amendment, but in the circumstances I urge him to withdraw it.

[Lord Hope of Craighead]

My Lords, I am grateful to the Minister for her remarks. The use of the expression “sub-delegation” gives some insight into the thinking of the Government. As was pointed out, “delegation” is not an appropriate word to use where matters have already been devolved—by the statutes to which I referred earlier—to both Wales and Scotland. “Sub-delegation” is a very odd word to use. We are talking about a power within the devolved competencies for the devolved authorities to legislate, or confer a power to legislate, by whatever means they think appropriate. So I am encouraged by the fact that the Minister is prepared to look at this again. I think that she will agree with me that much of what we will be discussing in this little group of amendments is work in progress, as we try to work through the detail of the scheme that the Bill sets out. I am encouraged by her reply.

I also thank all those who have contributed to this brief debate. On the word “adjustment”, I refer to what the noble Baroness, Lady Hayter, was saying. The Minister will remember, from her early days in the law in Scotland, that the word “adjustment” is sometimes used to take things out as well as to put things in. It is a word that came naturally to me as a means of dealing with bits in the statute that require to be trimmed, perhaps by removal, as well as by refining the language. I am grateful to the noble Lords, Lord Thomas of Gresford and Lord Hennessy of Nympsfield, for their emphasis that we are dealing with matters of great significance and importance. When I said that these were just technical points, I did not mean to suggest otherwise; rather, I was suggesting that the main thrust of our argument will be reserved for when we come to look at the Government’s amendments.

Lastly, on the contribution of the noble Baroness, Lady Finlay of Llandaff, I join in her tribute to the efforts that the noble Lord, Lord Bourne, is making to discuss matters with us and to reach as much common ground as possible. I, too, have had useful meetings with him and I am grateful to him and to his team for the attention they have given to the points I have been raising. As I have said, this is work in progress; I am encouraged by what the Minister said and, in the light of that, I beg leave to withdraw my amendment.

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[Baroness Randerson (LD)]

My Lords, I want to add to what my noble friend just said by making reference to the politics of all this. The reality is that powers that came from Europe were seen as politically very neutral, in a party-political sense; but once those powers and restraints are placed with Westminster, raw party politics immediately become a key issue. The tension therefore increases. The Minister will be aware of this from her own experience. Whereas a power that was passed from or constrained by Europe is seen on a pan-European basis—where party politics could not possibly be applied in a local sense—when it becomes a decision by Westminster, party politics are inevitably written into it, whether in favour or against. I am sure the Minister will understand the point I am making from the Scottish experience; it certainly applies to my Welsh experience.

[Baroness Goldie]

My Lords, I thank the noble and learned Lord, Lord Hope, for tabling these amendments. They would have a significant effect because they seek to remove the restrictions on the ability of these powers to modify direct retained EU legislation and to confer functions that correspond to the making of what is termed EU tertiary legislation. I am grateful for the thoughtful and considered contributions that have emanated from a wide range of experience, not least of the devolved Administrations. As noble Lords have noted in their speeches, this issue is again closely tied to the final policy position on Clause 11.

These amendments concern the question of parity, as the noble Baroness, Lady Randerson, has just pointed out, between Ministers in the devolved Administrations and UK Ministers. They also address the matter of who should be responsible for fixing EU legislation in areas that intersect with areas of devolved competence which currently have uniform application across the UK. I apologise again for emphasising the point, but we need to consider how all of this will work in relation to the wider changes we have tabled in Clause 11. It is important to recognise that the answer we reach on that question in the subsequent debate will necessarily inform the answer to the questions posed in this one.

The Government have been clear that the powers are conferred on the devolved Administrations so as to ensure that we do not disrupt the common frameworks currently provided for by EU law in areas where a framework will need to be retained. That might be to protect our internal UK market, our common resources or any of the other criteria that we have agreed with the devolved Administrations and published in the Joint Ministerial Committee communiqué in October last year. These are laws that apply directly, exactly as written, across every part of the UK, and indeed at the moment across every part of every member state. As such, these are by their nature laws that the devolved institutions currently have no power to modify or to diverge from. As we consider where we shall and shall not need frameworks, it is clear that in many of these areas, competence will pass to the devolved Administrations on exit day.

However, I would suggest to noble Lords that before we get to that point, we have to ensure that these laws function properly. We owe that to our communities and businesses and to individuals—that there can be certainty as to the laws that will apply to all those groups on the day we leave the EU. Carving up the effect of these laws in different parts of the UK or expecting to have different laws to achieve the same effect for different parts of the UK might undermine that certainty. It is the Government’s view that where in the first instance these laws apply at the UK level, we should also consider the corrections to those laws at the UK level. But let there be no doubt that the devolved Administrations will be an integral part of this process. We shall consult them on any and every change to retained direct EU legislation in an otherwise devolved area made under the powers in this Bill. We shall need to reflect on this alongside the debate on Clause 11.

Whatever the outcome in relation to devolved competence more widely after exit day, at a minimum we must retain this limit in those areas where, working with the devolved Administrations, we have identified that we need to retain a framework. Otherwise, we put at risk some of the issues to which I have referred, such as the internal market, the management of our common resources and even our ability to strike the best possible trade deals.

I hope that this provides some reassurance to the noble and learned Lord, Lord Hope, that we are alive to the interaction of this policy with Clause 11. We are considering it in parallel as our discussions continue with the devolved Administrations. The end result must be that both Clauses 10 and 11 dovetail and that they are not in conflict. On that basis, I commit to continuing to keep the noble and learned Lord and this House up to speed on how our policy thinking is developing in these areas. In those circumstances, I would ask him to withdraw his amendment.

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[Baroness Goldie]

My Lords, I beg to move that the House be now resumed.

[The Deputy Chairman of Committees (Viscount Ullswater) (Con)]

The Question is that the House be now resumed. As many as are of that opinion will say Content.

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[Lord Wigley]

My Lords, as a party of one, I do not expect to be consulted on these matters—I realise that there are limitations. However, on Monday night we sat here until after 1 am, and I spoke after 1 am. Earlier we had a break of 20 minutes for food. Why on earth, when there is time available now, can we not carry on with the Bill, certainly if the implications are that we might go on until late again tonight?

[Baroness Goldie]

My Lords, I beg to move that the House do adjourn during pleasure until 6 pm.

House resumed.

European Union (Withdrawal) Bill

Baroness Goldie Excerpts

Committee: 8th sitting (Hansard - continued): House of Lords
Monday 19th March 2018 Lords Chamber

[Noble Lords]

Order!

[Baroness Goldie]

For once, I am grateful to the noble Lord opposite. Can I ask one of my colleagues to determine who should precede the other?

[Baroness Oppenheim-Barnes]

I would just like to put the opposite view. Some of the regulations that we have had to accept from the EU on health matters were likely to be completely unhelpful and possibly even make matters worse. I remember when people were concerned about harmful additives in food and parents, in particular, wanted to know more, so the EU produced a regulation in which the information was to be given in tiny letters, smaller than anything else on the label. You had the vision of a busy mother with a child on each arm who possibly needed her glasses to read what it said. She would get a completely opposite view because the writing was so small: she would think that it was the good thing that they should have when in fact it was trying to warn her against it. I was unable to get that amended at the time. That was just one small example of such misinformation or lack of information. I am looking forward, when we complete everything and achieve Brexit, to redrafting a number of these regulations that we had to accept to make them much more sensible for those who are rightly concerned about these matters.

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[Lord Marlesford]

I am concerned purely with immigration and the movement of people across borders. I want to make the border of the island of Britain the border between Britain and the island of Ireland.

[Baroness Goldie]

My Lords, your Lordships are going to have to tolerate AP Herbert’s elderly hypochondriac. I thank my noble friend Lord Marlesford for highlighting this issue. The Government are committed to ensuring that the common travel area with Ireland and the Crown dependencies is maintained. The common travel area has special importance to many of the people of these islands going about their daily lives. Importantly, maintaining the common travel area protects the ability of British and Irish citizens to move without hindrance across the border between Northern Ireland and Ireland, recognising the symbolic significance of this in the implementation of the Belfast Good Friday agreement, and removes the need for immigration controls on journeys from Ireland to the UK.

The common travel area with Ireland was formed many years ago, long before either the UK or Ireland were members of the EU. It is reflected in each state’s application of national immigration policy and provided for by bilateral agreements and arrangements. The common travel area arrangements are recognised in European Union law, confirming that the UK and Ireland can continue to work together to make arrangements for the movement of people between our states. Let me reassure my noble friend Lord Marlesford that the Government are committed to maintaining these arrangements. The common travel area has proven to be resilient over the years, withstanding legal challenges and new policy and political developments. It has been staunchly protected by all its members. Both the UK Government and the Irish Government are firmly committed to protecting and maintaining co-operation as part of the common travel area arrangements.

The Government have endeavoured to set out, from the Prime Minister’s Article 50 letter and her Florence speech to our position paper in August, that preserving these arrangements and the unique relationship between the UK and Ireland is a priority for the negotiations. Perhaps I may remind noble Lords that, importantly, paragraph 54 of the December joint report includes recognition from the EU that the common travel area with Ireland is protected after the UK has left the EU. As with all the commitments made in the December joint report, we are determined to ensure that this is turned into legally binding text in the withdrawal agreement. To reiterate, the withdrawal agreement and implementation Bill will implement the major elements of the withdrawal agreement, including the protection of all the Northern Ireland and Ireland commitments in the joint report. All of that is of course a matter for the future Bill rather than the one that we have before us.

As well as the clear commitment of this Government to maintain the common travel area, I am also clear that these arrangements can be maintained after the UK has left the EU. The UK’s approach to the common travel area is provided for by primary legislation in the Immigration Act 1971. Our approach to arrivals in the UK from within the common travel area is distinct from our membership of the EU and will therefore be unaffected by the UK’s exit. The high level of collaboration with Ireland on border security, on strengthening the external border of the common travel area and on promoting legitimate travel within this special travel area can continue. In these circumstances, I suggest that the amendment moved by my noble friend is unnecessary and I hope that, with my explanation, he will feel able to withdraw it.

[Lord Marlesford]

I thank the Minister for her comments, which are what I very much expected. The simple fact is that a solution has not yet been produced to avoid having any sort of hard border between Northern Ireland and the Republic of Ireland. What I was seeking, as far as the movement of people is concerned, is to make it possible to allow the situation to remain as it is. We are not talking about the impact of leaving the EU; we are talking about national security and the present unsatisfactory position that it appears is going to cause further problems as a result of leaving the EU. However, the hour is late and I am sure that we shall return to these matters. I beg leave to withdraw the amendment.

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[Lord Teverson]

Before the Minister stands up, perhaps I might ask for some clarification. The draft transition agreement was published today. I read through what it says on Euratom—it is in green, meaning that it is completely agreed apart from any legal, bureaucratic changes that might be made, yet I am still unclear from that document whether during the transitional period the ONR is responsible to the International Atomic Energy Agency for safeguarding in the UK or Euratom continues to be responsible under the acquis. I ask the Minister to clarify that tonight—it must have been agreed because it is in green—so that we are clear for the debate tomorrow.

[Baroness Goldie]

My Lords, having listened to the very distinguished contributions, I can say that I bring to this matter only my ignorance. I was not a star in the physics class at school and I am feeling much humbled by the calibre of the contributions. I welcome the sentiment behind Amendment 227BK, moved by the noble Lord, Lord Broers. The UK is a world leader in nuclear research and development, as he acknowledged, and the Government are committed to ensuring that that is not put at risk.

I will try to advance a proposition for why the Government consider the amendment unnecessary. We are taking the future of UK participation in nuclear fusion and fission research and development programmes very seriously, and we have already taken practical steps to protect them. The Joint European Torus—JET—facility at the Culham Centre for Fusion Energy is currently the most advanced fusion reactor in the world, I understand, and has helped the UK become a world leader in this technology. Let me be clear: the Government are committed to maintaining and building on this hard-won position as we leave the EU.

As noble Lords indicated, we have already announced that the UK will continue to pay its fair share of the JET operating contract, should it be extended to 2020. That commitment is independent of the outcome of the Brexit negotiations. Furthermore, the Government recently committed £86 million for a national fusion technology platform to support further development of fusion technologies in the UK and to underpin our commitment to continued international collaboration. As noble Lords will be aware, the Government are also working closely with the UK Atomic Energy Authority and the Nuclear Innovation and Research Office to engage with our EU partners and determine the best way forward for the UK’s nuclear research and development sector.

The Government have consistently been clear that we want to find a way to continue science and innovation collaboration with Europe. The Prime Minister recently set out the UK’s commitment to establishing a far-reaching science and innovation pact with the EU. This will enable continued participation in key programmes alongside our EU partners. More specifically, in September our future partnership paper on science and innovation made it clear that the UK wants to find a way to continue to work with the EU on nuclear research and development. In January, we went further. A Written Ministerial Statement made by my right honourable friend the Secretary of State for Business, Energy and Industrial Strategy confirmed that the UK’s specific objectives in respect of the future relationship are to seek,

“a close association with the Euratom Research and Training Programme, including the Joint European Torus (JET) and the International Thermonuclear Experimental Reactor (ITER) projects”.—[Official Report, Commons, 11/1/18; col. 10WS.]

Of course, these matters are all subject to the negotiations.

Both the noble Lords, Lord Hunt and Lord Fox, raised specific issues about what they perceive as a distinction in the Government’s treatment of different EU agencies. I undertake to look in Hansard at the points raised by the noble Lords and will try to come back with a more specific response. I do not have detailed information available to me. What I can say is that the Secretary of State has also committed to report back to Parliament every three months about overall progress on Euratom, covering the EU negotiations and other important matters such as research and development, by way of further Written Ministerial Statements. The first of these updates is expected to be published before the House rises for the Easter Recess.

The UK’s contribution to EU nuclear research programmes is valued, and it is in no one’s interests for the UK to be excluded from these efforts. We are working constructively and with great determination towards a successful and mutually beneficial outcome for this important area of the negotiations. I realise that what I say may not totally satisfy your Lordships and may be short of what the noble Lord, Lord Broers, is looking for, but I suggest that, in the circumstances, he might feel able to withdraw his amendment.

[Lord Teverson]

My Lords, I ask the Minister again to clarify—this has to be clarified because it is in the draft agreement—who is responsible to the international community for safeguarding during transition. Is it Euratom, on our behalf, or is it the Office for Nuclear Regulation?

[Baroness Goldie]

I am sorry, but I do not have a specific response to the noble Lord. I shall find out and write to him.

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[Lord Lisvane]

My Lords, I think that if it were an SI concerned only with imposing a fee or charge, noble Lords would not have it laid before them.

[Baroness Goldie]

My Lords, we have spent, if not many happy hours, then certainly a significant period of time constructively discussing the powers in the Bill. The Government have never denied that they are broad, and they welcome the improvements to sensitive legislation such as this which such detailed scrutiny brings. I hope that noble Lords feel that this has been time well spent.

Although we have touched on this area before, we now come to look fully at the provisions in the Bill relating to the scrutiny of these powers by Parliament. I am well aware that by the end of these groups, many noble Lords will remain sceptical, so I would like to place on the record that the Government welcome scrutiny. It acts as a powerful constraint on Ministers and quite simply improves the quality of legislation.

Many Members of the Committee have already mentioned the excellent work done by the committees in this House in scrutinising secondary legislation. If we can perhaps offer ourselves the smallest of commendations, I believe the calibre of scrutiny of secondary legislation in this place is of the highest order and the processes very robust.

As we said in our White Paper, ensuring the right level of parliamentary scrutiny for all the instruments which are to come under the Bill is essential. This will be a major logistical challenge for Parliament and the Government, and I think all noble Lords understand that.

The provisions in Schedule 7 sit alongside reforms in government where the Parliamentary Business and Legislation Committee, chaired by the Leader of the other place, now oversees secondary legislation. It is the first time that a Government have done this. This Government are trying to improve the service that Parliament gets for secondary legislation. Individual Ministers are responsible for SIs—responsible for the quality that this House expects and for ensuring that they are produced in a sufficiently timely fashion that the flow can be managed. It is a matter of fact that we shall have a limited number of days between Royal Assent of the Bill and exit day, and we must use each day well and effectively.

To ensure that the daily consideration of SIs is effective, we have provided for a range of specialised statements to provide the information that Members of the other place and of this House have raised in debate as being important to the effective scrutiny of the secondary legislation to come. The Government have also taken the points made in the debate so far to heart, and I can say to noble Lords that we are viewing them with an eye on the solutions agreed on the sanctions Bill. However, the logistical challenges will remain. The only way to address that aspect will be to approach the scrutiny of legislation with openness from the Government and, I might suggest, proportionality on all sides.

It is simply not true that negative SIs receive no scrutiny. There is a hierarchy of legislation in this country where content matches scrutiny. Delegated legislation is not amendable for a reason; negative SIs receive less scrutiny than affirmative instruments, which in turn receive less than primary legislation. I do not dispute that, but I suggest that what they receive is appropriate to their form and content. If we accept that all these are valid procedures, we must appropriately match each provision to a proportionate procedure. With regard to primary legislation, we have always said we will not be making substantial policy changes through the powers in the Bill and would introduce other legislation. The fruits of that have already been seen in the form of the sanctions, trade and customs Bills, among others.

I am sympathetic to the noble Lord, Lord Adonis, and his Amendments 230, 234 and 235, alongside all others who wish to prescribe that SIs being made under the Bill that make corrections or other amendments in sensitive areas of our law should be subject to the affirmative procedure. However, I do not believe that is proportionate in every case. Using the affirmative procedure for all SIs risks giving a level of scrutiny to some SIs that is disproportionate to the content, and I fear we would risk being unable to see the wood that is effective scrutiny for the trees of principle.

The noble Lord, Lord Adonis, has suggested that adjustments to several important areas should always be subject to the affirmative procedure. Neither the decision to leave the EU nor this Bill changes our commitments to ensuring, for example, that workers’ rights and the rights of disabled people are protected and keep pace with the changing world. The human rights of people with disabilities will continue to be protected through our commitment to the United Nations Convention on the Rights of Persons with Disabilities, which is binding in international law. Additional protection is provided by its optional protocol, which the UK has also ratified.

I recognise while saying this—and I beg your Lordships’ forgiveness here—that I am not personally an expert on legislation relating to the rights of people with disabilities or of workers, but I am fully aware of the importance of these areas and I reassure noble Lords that the Government are fully committed to protecting the rights of people with disabilities and the rights of workers. I am also, and again this will not surprise your Lordships, not an expert on the detail of a range of other important areas including financial services, medical regulation or cross-border divorce proceedings. These are all important areas of our statute book but nevertheless are all areas that are likely to also contain a variety of minor and technical adjustments, including changes such as modifying references to EU law to read ‘“retained EU law” or “other Member States” to read “Member States”. I hope we have demonstrated this to the House in the draft SIs that we have already published.

The Government remain of the view that it would not be proportionate for these changes to be made by affirmative instrument, even where we are making these changes in law of a sensitive nature, such as the rights of workers and of people with disabilities. Decisions on the scrutiny procedure attached to statutory instruments should, the Government feel, be based on the type of correction rather than by policy area.

I encourage your Lordships to view the draft statutory instruments that we have already published. I have looked at them myself, and I think they illustrate, for example, how the amendments will ensure that the legal framework that provides for employment rights continues to be operated effectively after exiting the EU.

I trust the expertise of many of your Lordships, especially those who have already served with distinction on the Secondary Legislation Scrutiny Committee and the Joint Committee on Statutory Instruments, to draw the House’s attention to SIs. I submit that this, in conjunction with the new sifting process which, as we committed to on Second Reading, we intend to extend to the Lords, will make efficient and proportionate use of this House’s expertise and ensure proportionate scrutiny.

I turn to Amendment 240 in the names of the noble Lords, Lord Lisvane, Lord Tyler and Lord Pannick, and the noble and learned Lord, Lord Judge. The Government deliberately provided that the powers in Schedule 4, which we will debate on another day, should indeed be subject to the affirmative procedure where Ministers are creating new fees and charges. Fees and charges of the type that will be established here or where established under Section 2(2) of the European Communities Act and Section 56 of the Finance Act 1973 require regular adjustment. These adjustments are not in their nature inherently the type that should be subject to the affirmative procedure. Nevertheless, I understand that noble Lords are concerned by the possibilities here and by the fact that there have been a number of controversial instruments in recent years.

I have certainly paid close attention to the contributions to this debate, and I reassure your Lordships that we will reflect on this issue ahead of Report. Nevertheless, I repeat that it cannot always be proportionate to have all adjustments to fees made by affirmative procedure. For example, when technology allows Ministers to cut costs—although I recognise that reductions in fees feel like a rare event—or in the very common case of simply accounting for the effect of inflation, a simpler procedure may be appropriate.

Finally, I return to the noble Lord, Lord Adonis, and his Amendment 236—

[Baroness Hayter of Kentish Town]

My Lords, before the noble Baroness leaves the issue of fees, it was fairly clear earlier that the House probably would not accept that fees could be charged without primary legislation: we do not accept that the power to do that should be by secondary legislation. Assuming that we win on that, which I think we might, when we come to Report, I think it unlikely that the House will want to accept the idea that those fees could then be hiked by a Minister without coming through the affirmative procedure. Given that the Minister said that she would look at this in the broader context that this is a new power to set up fees for new functions being brought over, raising them without an affirmative procedure is perhaps a step too far.

--- Later in debate ---

[Baroness Goldie]

I have undertaken to look at the contributions to the debate. I have not suggested that all matters are de minimis; I am merely pointing out that some are, and trying to find proportionality in how we deal with our response to this. However, I undertake to look at what the noble Baroness and noble Lord have said and reflect further on the position.

I return to Amendment 236, in the name of the noble Lord, Lord Adonis, which requires all regulations made by Northern Ireland departments under their Schedule 2 powers to follow the affirmative procedure. As drafted, the Bill provides that the criteria for triggering the affirmative in the Assembly are the same as those for this Parliament. It is right that, where this Parliament confers powers on the Northern Ireland Executive, it should provide for those powers to be scrutinised. We do not necessarily have to provide that those procedures be the same for Northern Ireland departments and UK Ministers if there is good reason that they be different. However, that decision cannot be taken without a view from the Assembly as to the level of scrutiny that is required. In the absence of an Executive, we cannot invite the views of the Assembly and the Executive as we have for the Scottish Parliament, the National Assembly for Wales, and the Scottish and Welsh Governments.

It is also right that we do not introduce an entirely new procedure, such as the sifting committee, without a view from the Assembly, and that we should preserve the competence of the Assembly to challenge the scrutiny provisions if they see fit. That is only respectful and it is what this Bill does. If we were to provide a set of scrutiny procedures entirely different from those for UK Ministers’ powers, or for the Scottish and Welsh Ministers’ powers, as this amendment would do, we should do so only where we are satisfied that this reflects the needs and wishes of the Assembly.

I have tried to cover the main points of concern and, I hope, to include the presence of a comfort blanket to reassure your Lordships that the Government are prepared to reflect on this. On the basis that we cannot, at this present time, find what the noble Lord wants, I ask for his indulgence and suggest that he withdraws his amendment for the moment.

[Lord Adonis]

My Lords, the noble Baroness is so mellifluous and so reasonable when she says that she is not actually prepared to accept anything you have said but there are, none the less, very good and sufficient reasons why—she may not be personally familiar with them, but they are extremely compelling and she proposes to give them full consideration outside the Chamber—that one cannot possibly end up without agreeing with her. However, I latch on to the words, “sifting process”, because everything in the judgment depends on whether we should have negative or affirmative instruments on that process. At 12 minutes before midnight, the sifting process is the groups of amendments we are about to proceed to. The best service I can give the Committee is to enable it to move immediately on to them. The warm and mellifluous words from the noble Baroness will probably ensure that she gets them all completed by midnight. I beg leave to withdraw.

--- Later in debate ---

There is one other objection, however, that has to be addressed very seriously: the number of statutory instruments that are going to be brought forward under the Bill. We are told that there will be 800 to 1,000, of which perhaps 20% will be affirmative resolutions. That is a serious challenge and one that I acknowledge, but there may be a way through it—a compromise, building in part on what my noble friend Lord Hodgson has been saying. There is absolutely no reason why, in Standing Orders, we should not appoint a committee to identify which statutory instruments of an affirmative character may require amendment. That decision could then enable the SI to be amended. If we did that, only a relatively small number of statutory instruments would be the subject of amendments—but it would assert the principle of parliamentary control and, building on what the noble Lord, Lord Tyler, said, it may serve as a precedent for the way in which we handle other SIs arising from different legislation.

[Baroness Goldie]

My Lords, I have to say that I have been called many things in my life, but the appellation by the noble Lord, Lord Adonis, of a “parliamentary anaesthetic” is a first. As we approach the last contribution from the Government on today’s business, though, maybe a metaphorical sleeping draught is appropriate as noble Lords contemplate their slumbers.

As I have stressed, the Government are committed to full and proper scrutiny of the statutory instruments that will come under the Bill. The sifting process seeks to provide transparency where there has been ministerial discretion in choosing the procedure that will apply to an instrument, and it is therefore extended to the main powers under the Bill. All instruments under the Bill will be subject to an appropriate level of parliamentary scrutiny. We have also provided for additional explanatory material to ensure that there is a proper level of transparency for all the instruments and that Parliament is fully informed and can properly sift and scrutinise all the secondary legislation that is to come. If noble Lords do not approve of their contents—and sometimes that happens—the proper way to express that is to oppose the instruments and ask the Government to come back with an alternative proposal.

Nothing in the Bill is intended to be an alteration to the long-established and, in this House, well-functioning procedures for the scrutiny of secondary legislation. The Government understand the concerns around the powers in Clause 17, and I have listened closely to what your Lordships have been saying. We will consider how we might be able to provide reassurance and address concerns when we reach that clause, as we shall imminently do.

The amendments in this group raise similar issues to those in earlier groups, but I shall address—in, I hope, sufficient detail—my noble friend Lord Hodgson’s Amendments 238 and 239 concerning the creation of a new super-affirmative procedure for the scrutiny of statutory instruments under the Bill.

I cannot shy away from the fact that a significant number of statutory instruments will come before us under the Bill. I reassure your Lordships once more that a very significant element of what needs to be done will be strictly technical, making de minimis changes such as the adjustment of reference to EU law or to retained EU law. Procedures such as that suggested by my noble friend, which were described as “turbocharged” procedures, are simply disproportionate to these changes, and a procedure of the kind mooted by my noble friend is simply unnecessary. The powers in the Bill can be used only for limited purposes and are themselves subject to a number of restrictions.

For the types of major policy change that a number of your Lordships appear to be concerned that the Government might seek to make under the Bill, we do not shy away from parliamentary scrutiny. The proper means for scrutiny of such changes is primary legislation—rather than seeking to design, at pace, a new, bespoke super-affirmative process.

I know that some of your Lordships are wary of relying on assurances from the Dispatch Box but, in this case, we have acted on those assurances already, as can be seen through the passage of the Nuclear Safeguards Bill and the sanctions Bill. I understand noble Lords’ wish to ensure that Parliament can give the SIs to come consideration which is akin or similar to the consideration given to primary legislation, but I suggest that there must be some delineation—there always has been—between things that merit such full consideration and those that do not. Frankly, the alternative is legislative logjam: a complete constipation of the process.

For each of those categories, the Government wish to use the well-established procedures that Parliament has already set down. I have to say that all precedent suggests that procedures such as those suggested by my noble friend can take six months to a year or even longer. Quite simply, in the context of what we are engaged in, we do not have that time. Adopting a super-affirmative procedure would therefore prevent us from being able to deliver on a key objective of the Bill: making timeous and necessary change to maximise certainty for businesses and individuals by ensuring continuity through a functioning statute book in time for exit. In my opinion, that would be a grave failing.

My noble friend Lord Hailsham’s amendment, Amendment 248, crosses similar ground to Amendment 247 in the name of my noble friend Lady McIntosh. They bring us to a discussion of some of the fundamental assumptions of the debates we are having today, have had on previous days and shall have in regard to other Bills, about secondary legislation. I understand the concern of my noble friends, echoed no doubt by others in the Committee, that this is a framework Bill and that the detail, wherein the devil always lies, will be available only in secondary legislation, with which we can only declare ourselves content or not content. However, I must make it clear that the Government cannot support these amendments as a solution to this problem.

It is by the processes involved in passing primary legislation that the House can amend law as it passes before Parliament. That process involves long and detailed scrutiny and debate, with the Government given an opportunity to explain their case in great detail and others given an opportunity to challenge and test that over multiple stages and in both Houses in sequence.

[Lord Beith]

I should like the Minister to envisage that she is responding on behalf of the Government to a debate on a statutory instrument which the House in general is saying that we need to have but which has a fundamental flaw that has been identified by many noble Lords. At that point, is she really going to say to the House, “The proper course for you to take is to reject this instrument, and then I will be forced to take it away and come back with a corrected instrument”? Or will she say, “We’ve no time for that now, you will just have to accept it as it is”?

[Baroness Goldie]

That would of course entirely depend on the circumstances of the instrument, the extent of the change being effected by the instrument and what was an appropriate response to the concerns being raised. I am certain that the Government would respond in a sensible manner if that situation were to arise.

I repeat that it is for primary legislation to set a policy direction and establish the framework in which government may operate. Secondary legislation has a different place in our legal framework. The Hansard Society, which many in the House will accept as an expert source in this area, has said that the power to amend SIs would be,

“essentially undermining the principle of delegation”.

If wider review of the legislative process is proposed—as a number of noble Lords would like—this Bill is not the place to do it. I note the recommendation of the Constitution Committee, in its report The Process of Constitutional Change, that substantial constitutional change should be clear when a Bill is introduced. This Bill is substantial in its repeal of the ECA, but that was clear even before the Bill was introduced and I do not think a change of this type would be appropriate for a Bill which has already completed its passage through the other place.

In the other place, my right honourable friend Dominic Grieve proposed a triage mechanism and both he and the Government accepted the sifting mechanism proposed by its Procedure Committee. This will increase the transparency surrounding secondary legislation, but will not change its nature. Secondary legislation can be scrutinised and debated and, indeed, can be of great importance. However, its purpose is to fill in the spaces where Parliament has set a course under primary legislation and empowered the Government to provide for the details in subordinate instruments. As has already been said, if Parliament is not content with an SI, it can be rejected and the Government can consider and return with another. To open statutory instruments to amendment would essentially be to create a new kind of legislation, without the scrutiny afforded to primary legislation but, at the same time, conferring on the new kind one of the essential qualities of primary legislation.

[Baroness McIntosh of Pickering]

If the Government are not minded to accept an amendment to statutory instruments under these circumstances, where there is a substantive policy change, would they be minded to bring back that proposal as an Act of Parliament, so that all the proper scrutiny procedures could be undertaken?

[Baroness Goldie]

I respond to my noble friend as I did to the noble Lord, Lord Beith. That hypothetical situation would depend entirely upon the practicalities of the situation confronting the Government if and when such a situation arose.

[Lord Wigley]

A moment ago, the Minister said that we would effectively be according to statutory instruments the role of primary legislation. However, throughout the Bill we are having the amendment of primary legislation by order. In other words, the statutory instrument system is being used—excessively to my mind—in the primary legislative system and we cannot get away from that.

--- Later in debate ---

[Baroness Goldie]

I have tried to make it clear that we are not attempting to equate delegated legislation with primary legislation. I have been trying to clarify when the Government consider primary legislation is appropriate and should be used—for policy change, for example. However, we are in an extraordinary situation, as all noble Lords acknowledge. It is beyond argument that the Government are having to contemplate the transfer of a body of law of huge volume and massive complexity. We owe it to the people and businesses that rely on that law to make a good fist of getting it transferred from A to B by the critical point of exit day.

My noble friend Lady McIntosh mentioned the Civil Contingencies Act 2004, which is one of the very few examples of where statutory instruments made under an Act can be amended by Parliament. The emergency regulations made under that Act are very unusual instruments. The nature of the situation with which they are intended to deal is self-explanatory. It is in a state of emergency and is such that Parliament cannot scrutinise these instruments before they are made. None of the normal scrutiny procedures of this House applies. That is intrinsic to the very unusual approach under that Act, drafted for unusual and extraordinary circumstances. Noble Lords may be interested to note that in the history of the Civil Contingencies Act no Government have ever made any emergency regulations.

We are not proposing in this Bill anything of the sort of action envisaged by the Civil Contingencies Act. I cannot think that allowing amendable SIs is the solution to the concerns expressed by my noble friends. Nor, I repeat, is reform of the legislative process the role of this Bill. It is merely intended to provide continuity and certainty in our statute book.

The amendments would not only fundamentally alter the nature of secondary legislation but imperil the Government’s programme of secondary legislation and Parliament’s opportunity to scrutinise it. If this legislation is subject to continued movement back and forth, we run the risk that crucial provisions are not in place in time to allow businesses and individuals to prepare for exit, and that so many SIs would become bunched at the end of the process that they would not be properly scrutinised. I have endeavoured to deal—I hope—fully with the very important points raised by colleagues in the Chamber, and I hope that my explanation reassures noble Lords and the noble Baroness. I ask that the amendment be withdrawn.

[Lord Mackay of Clashfern]

I was wondering whether my noble friend had any special comment on proposed new sub-paragraph (4) in Amendment 248, which seems to have nothing much to do with the amendments and seems in conflict with what the noble Lord, Lord Tyler, was saying earlier.

[Baroness Goldie]

At this time of night my reading qualities are not at their most alert. May I look at that in more detail and revert to my noble and learned friend?

[Lord Hodgson of Astley Abbotts]

My Lords, I thank my noble friend for her reply. She short-changed herself in only one sense: that was that the noble Lord, Lord Adonis, described her as mellifluous. Never was she more mellifluous than in dealing with the noble Lord, Lord Beith, and my noble friend Lady McIntosh. The hour is late; we have had a long and helpful contribution from my noble friend the Leader of the House which demands careful scrutiny, so all that I would like to do now is to thank all those who participated in this short debate. I beg leave to withdraw the amendment.

European Union (Withdrawal) Bill

Baroness Goldie Excerpts

Committee: 5th sitting (Hansard): House of Lords
Wednesday 7th March 2018 Lords Chamber

[Lord Goldsmith (Lab)]

My noble friend is absolutely right that this is not a small or insignificant matter. It is an important one with rule-of-law implications. The starting point, as he explained, is his proposed Amendment 62 which, if agreed, would add a new paragraph (6C), the purpose of which would be to encourage the negotiation of an agreement that cases can continue to be referred to the CJEU by our own courts after exit day. That would relate to new cases where the cause of action arose prior to exit day. This is logical because the important point is about whether the full remedies currently available to litigants, potential litigants and, importantly, our courts remain until we leave, while the law of the EU remains in place.

Of course, being able to refer such cases depends on an agreement, the very agreement that my noble friend’s amendment would make it an objective to negotiate. We will not be able to refer cases to the court in Luxembourg after exit day, except by agreement with the EU in such an agreement. But he is also right that there is a risk—although we hope very much that it will not happen—that if we end up without a withdrawal agreement, there would need to be legislation enabling this to continue to take place. So the principle of the amendments seems entirely right, and he is right to say that this was dealt with by the Constitution Committee at paragraphs 150 and 153 of its excellent report.

Perhaps I may refer to what the committee said in paragraph 153, having made the point that my noble friend has identified:

“We recommend that, irrespective of any implementation bill, pending cases are dealt with in the European Union (Withdrawal) Bill. We further recommend that rulings on cases that have been referred to the CJEU before exit day are treated as pre-exit case law—such that they form part of ‘retained EU case law’—and that the Government publishes, on exit day, a list of all such cases”.


The middle part of that, on what the significance is of,

“rulings on cases that have been referred … before exit day”,

is dealt with in a later amendment. But, as he has said, the requirement that the Government should publish a list of all such cases is dealt with in these amendments. He is right to say that the Solicitor-General in another place referred to the importance of knowing, at least as I read his remarks, what those cases are.

It seems that there has to be a justification, although I can see none, for depriving litigants and our courts of the ability to refer cases to the CJEU. It is important that noble Lords are clear on the fact that that does not mean sending cases to the CJEU for it to decide; it is for that court to determine questions of interpretation, as the treaty currently provides, although the interpretation given may in fact then decide the case. Our own courts would then take the interpretation provided by the European court and apply it to the case before them.

I look forward to hearing what the noble Baroness or the noble and learned Lord, depending on who will respond to the debate—forgive me, of course it is the noble Baroness the Minister—will say to my noble friend.

[Baroness Goldie (Con)]

My Lords, this may have been a short debate but it concerns a significant issue, and I am grateful to the noble Lord, Lord Bassam, and the noble and learned Lord, Lord Goldsmith, for their contributions. I am aware that a key issue of interest in this Committee is how pending cases before the European courts will be resolved, and I hope that I can respond relatively briefly to these amendments in the name of the noble Lord, Lord Bassam.

As was acknowledged in their contributions, the Government have been clear regarding their approach to cases which have been referred to the European courts before exit day and we have made good progress in achieving this outcome in our negotiations with the EU. As such, I applaud the similar concern expressed by the noble Lord that there should be legal certainty in this area. However, as I have said previously, and indeed as my ministerial colleagues have also said, the purpose of this Bill is to provide a functioning statute book on the day we leave the EU, irrespective of the result of the negotiations on any final agreement with the EU.

The Government have been clear throughout the passage of the Bill through this House and the other place that it is not intended in any way to prejudge the negotiations or to predict an agreement between the UK and the EU on their future relationship. For that reason, I would submit that the Bill is not a suitable vehicle for such amendments to take effect. Future legislation will be needed to implement the withdrawal agreement, including the treatment of cases that are pending before the European Court of Justice. That legislation will need to be informed by the precise terms of the agreement. The Government have already committed to introducing a withdrawal agreement and an implementation Bill, but let me try to clarify a couple of the specific points raised.

I think it was the noble and learned Lord, Lord Goldsmith, who in effect asked about the status of a case that has been referred to the European court before exit, but does not proceed to a judgment until after then. The intention is that a case which starts and has been referred to that court before exit would proceed to a judgment, which our courts would be bound by. That is the intention but—let me make this clear—this is pending an agreement with the EU about these issues. In relation to the request of the noble Lord, Lord Bassam, for a list my understanding is that, at the moment, cases registered at the Court of Justice of the European Union are made available online, so after our withdrawal we will have certainty as to how many pending UK cases have been referred to the court.

I apologise to the noble Lord and the noble and learned Lord if I have not specifically addressed some of their concerns. The difficulty, as was made clear in December, is that there is a clear statement of intention made in good faith by the Government, surrounding heads of agreement that have been achieved between the United Kingdom and the EU. But we need to continue with our negotiations to fine tune that, and hopefully then reduce it all to the final agreement. But I cannot pre-empt what may be in the final agreement and I hope that, in these circumstances, the noble Lord, Lord Bassam, will feel able to withdraw his amendment.

[Lord Goldsmith]

I apologise for not having properly identified the noble Baroness, Lady Goldie, as the Minister responding to this debate. I wonder whether she will allow me to just press one question. She has very helpfully identified the position in relation to pending cases that have started but for which rulings have not been given at the date of exit. These amendments include an additional category of cases, as I understand it, such as cases where the cause of action has arisen prior to exit: for example, where EU law is in place and there is an issue of EU law that a litigant wants to raise but they have not actually started the case at the moment we leave; or where the case has started but a reference has not been made at that stage, because the court does not make a reference until it comes to a particular point in the proceedings. In line with her helpful answer in relation to the category of cases that are pending in the CJEU at the date of exit, does she think the same principle ought to apply, subject to agreement, to cases where the cause of action has arisen before exit or the case has started but not got any further than that? Could she help on that point?

[Baroness Goldie]

I thank the noble and learned Lord for his point, but I am afraid my response is going to be slightly less encouraging for him. The position of the Government is that we do not agree that new cases should be initiated post exit, even when these refer to pre-exit causes of action, because it would lead to an uncertain environment. It would be impossible to predict for how long the European Court of Justice would continue to issue judgments in respect of the UK. That, in the opinion of the Government, would strike at the underlying purpose of this Bill, which is to try to achieve a snapshot—to use that phrase again—as at the date of exit.

[Lord Bassam of Brighton]

I am grateful to the Minister for her response. She partly satisfied my concern, but not wholly. I do not really think it is satisfactory that the cases that will be floating around in the ether will be left with the degree of uncertainty that she has suggested may be the case. The fact that the legislation that is going to cover this point will be left until the final Bill—the transition and withdrawal Bill or whatever it is finally called—does not satisfy me greatly. I think that will leave uncertainty for litigants in cases that could be incredibly complicated. I am rather worried that this issue is going to get caught up in the Government’s general dislike for the CJEU. My recollection is that this is one of Theresa May’s red lines: she does not like the CJEU and therefore part of taking back control is getting rid of it. We have got news for the Minister dealing with this: it is going to take the UK some time to extract itself from CJEU processes. The quicker the Government wake up to that fact, the easier it will be for us all to deal with it. In becoming more realistic in their approach to the court, the Government will give some greater certainty as to how we intend to proceed in future.

While I am happy to withdraw my amendment for the moment, I may come back to this at a later stage, because our legal system and litigants require greater certainty. This is not necessarily the small issue I dreamed it might be when I came across it in the Constitution Committee’s excellent report. I am grateful for the debate we have had, but I am not so grateful for the answer. We will probably require a bit more from the Minister at a later stage. I beg leave to withdraw my amendment.

European Union (Withdrawal) Bill

Baroness Goldie Excerpts

Committee: 2nd sitting (Hansard - continued): House of Lords
Monday 26th February 2018 Lords Chamber

I recognise that some of these amendments are probing at this stage. Nevertheless, we strongly support the principles behind them, particularly their call for greater detail and specificity from the Government, as was called for and demanded by the noble Viscount, Lord Hailsham, and by others, and even for the clarity required by the noble Baroness, Lady Deech. Continued co-operation with the EU is vital for our security and our wider interests, and to ensure that we can continue to make a positive impact abroad, as well as maintaining our reputation as an outward-looking nation. These issues are important, and we look forward to hearing what I hope will be a positive and detailed response from the Minister.

[Baroness Goldie (Con)]

My Lords, I thank you all very much indeed for contributing to a genuinely extremely interesting and useful debate. I thank the noble Lord, Lord Adonis, for his very warm words of welcome. I fear that it is inappropriate to say this to someone bearing the name Adonis, but I fear I may be doomed to disappoint him. I will try to deal as best I can with the various points that have been raised.

The Government share with this House the objective of building a close and co-operative relationship with the EU on issues relating to defence and security, as referred to by the noble Lord, Lord Wallace of Saltaire, or to foreign affairs, security and intelligence, as referred to by the noble Lord, Lord Adonis. These are indeed vital matters. The continued security of Europe and of our citizens is paramount to us. It would just not be in our interests to see that co-operation diminish.

The purpose of the Bill is, I suppose, mechanical and rather tedious, but it is a mechanism to try to ensure that the UK statute book continues to function after we leave the EU and that it is not riddled with gaps and holes. That is what this Bill is all about. Amendment 12, as proposed by the noble Lord, Lord Wallace of Saltaire, is about the future relationship with the EU and securing it. That is vital—nobody disputes that—but it is of course inevitably, and I am sorry to use the platitude, subject to the current negotiations. Given that the Government have already committed to providing Parliament with a meaningful vote on any final deal, I respectfully suggest to the noble Lord that perhaps this Bill is not the appropriate forum to raise these concerns. I still think that the debate is an appropriate forum in which to articulate them.

[Lord Kerr of Kinlochard]

Could the noble Baroness reassure me that there is a negotiation going on on the future relationship between the UK when it has left and the common foreign and security policy of the EU? Is there a negotiation going on? I have the impression that there is not. I was trying to say that we should start one by making a proposal now.

--- Later in debate ---

[Baroness Goldie]

The noble Lord will understand that I am a very lowly mortal and that I am not privy to the detail of the negotiations. What is clear from what the Prime Minister has said is—just as the noble Lord, Lord Adonis, very helpfully identified—how extremely important these issues are to the Prime Minister. I am absolutely certain that, within the holistic forum of the negotiations, these matters are certainly being discussed and looked at.

[Baroness Hayter of Kentish Town]

The noble Baroness has said, and it keeps being implied, that these are not issues for this Bill. I am sure that she knows the Bill far better than I, having read it more often, but I remind her that on page 7, Clause 9(1) says that the use of regulations is,

“subject to the prior enactment of a statute by Parliament approving the final terms of withdrawal of the United Kingdom from the European Union”.

We know that, under Article 50, those final terms of withdrawal have to include the framework for our future relationship, which is almost bound to affect and comment on issues such as this. Although on many occasions Ministers may not want to answer, there is reference in the Bill to the withdrawal deal and surely it is appropriate for us to bring to the Government anything that might be in that.

[Baroness Goldie]

Yes. My position that I advance to the noble Baroness—I was just going to come to this in my speech—is that there will be a subsequent opportunity for Parliament to look closely at whatever the withdrawal agreement is and its implementation. In addition, the Government have committed already to providing Parliament a vote on the final deal. Parliament will be given the opportunity to scrutinise the future relationship between the UK and the EU. That is why I submit that the Bill before us is essentially of a mechanical nature. That is what it is: it is trying to ensure, as we leave the EU, that we make sense of transferring the necessary laws, enactments and regulations, whatever they may be, into the statute book of the United Kingdom. The noble Baroness is quite correct that Parliament should have that right to scrutiny, of understanding what the agreement is and questioning how the implementation will take place; I am pointing out that these opportunities will be there. Parliament will not be denied that opportunity.

[Lord Campbell of Pittenweem]

Will the noble Baroness give way? I shall be very quick.

[Baroness Goldie]

My Lords, I would be happy to give way later, but I am quite anxious to make progress. Important points have been raised. I want to try to keep the theme running as to how I will respond to them.

The noble Lord, Lord Adonis, referred to the Prime Minister’s speech in Munich. She gave a very important speech because she detailed further how the UK envisages future collaboration with the EU on internal and external security. She reiterated our unconditional commitment to European security. I turn to a very important point raised by the noble Lord, Lord Hannay, and echoed by the noble Lord, Lord Adonis. I say without equivocation that we remain absolutely committed to ensuring European security and developing this deep and special partnership. Our desire for a close working relationship on foreign and security policy is not conditional on other areas of the negotiations. I hope that that reassures the noble Lords.

[Lord Campbell of Pittenweem]

We have, effectively, a willing buyer and a willing seller when it comes to security and defence. Why not take the opportunity of concluding that bargain? It would be much easier to do than, for example, the trade agreements that we hope to deal with in the future.

[Baroness Goldie]

This is like the fair in Paisley: things coming from one side, interventions coming from the other side and voices from behind me. I am not sure that I entirely agree with the analogy. It is the case that explorations are taking place, if you like, between a buyer and a seller—that is what a negotiation is—but these are sensitive negotiations. I am trying to make clear in the course of my speech—perhaps if I can make a little progress it might become more apparent—just how committed the Government are to addressing the issues raised by your Lordships. They are issues of real concern and are certainly of vital importance. That is because our shared values—those values between the United Kingdom and the EU—are manifest and universally acknowledged. I hope that universal acknowledgement understands that we do not need the text of the Bill to explain to everyone that it is there. I hope that everything that we have done as a member of the EU and all that we are doing in the conduct of the negotiations, particularly as made clear by the Prime Minister’s remarks, will reassure all just how serious we are about these matters.

We have proposed a bold new approach to security co-operation with the EU, including a comprehensive framework for future security, law enforcement and criminal justice co-operation, and for future co-operation on foreign and security policy. I say to the noble Lord, Lord Wallace of Saltaire, that, as we leave the EU, of course our consultation on the CFSP will change, as it inevitably has to do. With considerable justification, many of your Lordships—the noble Lords, Lord Wallace of Saltaire, Lord Judd, Lord Hannay and Lord Campbell, my noble friend Lord Hailsham and the noble Baroness, Lady Hayter—were anxious to get some idea of what the post-Brexit position would look like in relation to these issues of critical importance.

I say by way of preface to all of this that, as a Government Whip for the Foreign and Commonwealth Office and for Defence, I have regularly found myself at this Dispatch Box outlining positions on foreign affairs and defence which are UK derived. They are positions that we have reached by ourselves and as a consequence of our NATO membership—which is very important, as acknowledged by the noble Lord, Lord Campbell—as part of our P5 position on the United Nations Security Council or as a consequence of discussions with our global allies. We do that now on our own account. I make that point to explain that, while we value the relationship that we have had with the various agencies in the EU, there is another territory out there that is also extremely important to the future security not just of this country and the EU but of our global partners.

[Lord Browne of Ladyton (Lab)]

It is crucial that we understand that the Prime Minister proposed in Munich a treaty for what was referred to as “internal security”, which is internal security within the European Union. It would be a treaty which had plenty of detail and clearly reflected co-operation with the existing institutions of the European Union—that is where we get into discussion about the European Court of Justice. But for external security, there would be co-operation. Why this difference? Why a treaty for internal security, and why just co-operation on global security, with a clear indication that we would leave the European Union’s foreign policy on the date of Brexit?

[Baroness Goldie]

There seems to be an inescapable distinction between these two positions. In relation to the internal security of the EU, there can be a meaningful discussion about what we can do to assist and support that, but when it comes to external security and just as I have outlined, there is a multiplicity of other positions, agencies, alliances, relationships and partnerships which govern what we do. I can see that what would be appropriate to deal with one scenario might not be appropriate to deal with another, but I say that without prejudice to whatever the negotiations are currently covering. I am not privy to the detail of the negotiations, but there seems already to be evidence that constructive dialogue is taking place. From what we have heard from the Prime Minister and her absolute and unqualified commitment to security and to trying to embark on as close and harmonious a relationship as we can get with the EU post Brexit, there is no doubt about her conviction on these matters.

We have to work as closely as we can with the EU post Brexit. The Prime Minister has made that crystal clear and is right to do so. The UK is not without influence. As the noble Baroness, Lady Deech, noted, it enjoys a status in relation to these matters—I refer again to our P5 position on the United Nations Security Council. One area in which people have been sceptical is in their asking why the UK should be treated differently from other third-country partners as we try to negotiate new arrangements with the EU. Taskforce 50 noted in its presentation on external security that the EU would lose one of its two permanent members of the Security Council when the UK leaves. Taskforce 50 recognises that this could merit a specific dialogue and consultation mechanism with the UK.

Perhaps I may return to a very legitimate question posed by a number of your Lordships: what is all this going to look like and is there any sort of shape to it?

[Lord Davies of Stamford (Lab)]

The Minister has just mentioned the matter of our withdrawing from the permanent membership of the United Nations Security Council and that our withdrawing from the European Union will mean that there will be only one EU permanent member. Will that not be a wonderful day for France, which will be able to speak in the councils of the United Nations as representing the EU as a whole, and will no doubt do so?

[Baroness Goldie]

I am sorry, I think that I may have been misunderstood. I did not talk about the United Kingdom withdrawing from being a P5 member of the United Nations Security Council. I said that when we withdraw from the EU, the EU will be left with only one member, which is France. The position of the UK in that respect is powerful and influential, and I am pointing out that Taskforce 50 thought that it could certainly merit a specific dialogue and consultation mechanism with the UK.

It is pretty clear, particularly when there are many in this Chamber much more knowledgeable than I am about these important and technical matters, that to underpin our future co-operation we will seek regular institutional engagements, including specific arrangements on secondments and information sharing—that would seem to be at the heart of constructing any relationship. The nature of the threats that we face mean that we should seek a framework that could be scaled up in times of crisis. One needs a relationship which can be tested against need if situations arise when the partnership, agreement or whatever it is to be has to swing into action.

The United Kingdom intelligence community already works closely with other members of the EU. The heads of the German BND, the French DGSE and the UK secret intelligence services issued a joint statement at the Munich security conference committing to close co-operation and stating that cross-border information sharing must be taken forward on themes such as international terrorism, illegal migration and proliferation of cyberattacks after the UK leaves the EU. We want to do all that. I am trying to explain to your Lordships that there is straw with which to make my bricks. I am not just clutching it out of the air; I am trying to indicate that there are substantive matters that can be the foundation for something very firm and enduring.

Perhaps I may try to deal with one or two particular points raised. The noble and gallant Lord, Lord Stirrup, raised the important matter of sanctions. We have just passed a sanctions Bill which will provide the UK with the powers to implement our own independent sanctions regime, but we would delay these powers coming into force if we could agree arrangements with the EU concerning sanctions co-operation during the implementation period. On sanctions, as with co-operation on foreign and security policy more generally, we seek to consult and develop a co-ordinated approach before decisions are made. To enable such co-operation, we will need consultation mechanisms; for example, regular sanctions dialogues. I was very struck by the contribution from the noble Earl, Lord Listowel, who raised real and poignant issues. Nobody would disagree with that, which underlines why we need close co-operation on these vital issues.

On Amendments 164 and 166 tabled by the noble Lord, Lord Adonis, the Political and Security Committee and the Foreign Affairs Council are of course bodies of the EU. They are attended by member states and are intended for the development of the EU’s policy.

We are leaving the European Union and are not seeking to participate in these meetings on the same basis as EU members. The noble Lord, Lord Kerr of Kinlochard, identified these problems. But, given our historic ties and shared values, we are likely to continue sharing the same goals and we will therefore want to co-operate closely on a common foreign policy. The noble Lord, Lord Kerr, said very cogently that we are not talking about a zero-sum game. It was racy language for the noble Lord, Lord Kerr, but I totally agree with him. We are not talking about a zero-sum game: well established and good relationships already exist which will not just evaporate. We will seek to bind these and tie them in to our new post-Brexit relationship. We want to establish an enhanced partnership with the EU that reflects the unique position of the UK. This will include close consultation in a variety of fora. Attending the Political and Security Committee and the Foreign Affairs Council, however, is not the only means by which we can achieve that.

Amendment 165 was also tabled by the noble Lord, Lord Adonis. This amendment seeks to bind the UK—“bind” is the important word—to follow the EU’s foreign policy objectives regardless of our own views. This would limit the UK’s ability to respond independently to developments in the world post Brexit, and such a restriction would be profoundly undesirable. Of course, on many foreign policy issues the UK and EU will continue to share the same goals and will want to co-operate closely, whether that is by continuing to support the Middle East peace process or by tackling the threat of piracy off the Horn of Africa—but, again, I do not think we need texts and primary legislation to underline what are already our shared values and beliefs.

Amendment 185 was also tabled by the noble Lord, Lord Adonis, and refers to the EU Intelligence Analysis Centre. I reiterate the Government’s unconditional commitment to European security. In the exit negotiations we will work closely to ensure that the UK and EU continue to co-operate closely, including through the sharing of information, to safeguard our shared values and to combat common threats, including threats of terrorism, organised criminal groups and hostile state actors. The precise modalities and arrangements to enable this partnership will be decided in the negotiations. I do not expect this to satisfy the noble Lords, Lord Adonis and Lord Wallace of Saltaire, but I hope that it will provide them with sufficient reassurance of the Government’s commitment to continue close co-operation with the EU and its agencies and that, in these circumstances, they will see fit not to press their amendments.

I will say in conclusion—I reiterate it because the noble Lord, Lord Hannay, raised the point—that the Government have been clear that the UK remains unconditionally committed to European security. In the exit negotiations we will work to ensure that the UK and EU continue to co-operate closely to safeguard our shared values and to combat common threats, including terrorism. A partnership where we can build on the existing structures and arrangements—because it is not a zero-sum game—to improve processes will enable us to go further to respond to the reality of these. I hope that this will provide your Lordships with sufficient reassurance of the Government’s commitment to continue close co-operation with the EU and its agencies.

[Lord Kerr of Kinlochard]

Before the Minister sits down, perhaps I may say to her that she will have responded to this debate admirably if she can think of a way of conveying to the Foreign Secretary—it might be relatively easy since he is here—that there are at least some in this House who believe that the right way of advancing the dossier of co-operation with the EU that we have left on a common foreign and security policy would be for us to put forward a draft treaty now—not waiting for the other side, not waiting for the Commission, the expertise of which is not on foreign policy, but putting forward a treaty drafted by the Foreign Secretary, with all his detailed, forensic skills.

--- Later in debate ---

[Baroness Goldie]

Is the noble Lord, Lord Liddle, making an intervention? I want to be clear what the order of speaking is.

[Lord Liddle]

I was responding to my noble friend’s point.

[Baroness Goldie]

I think your noble friend thought that he had been usurped.

[Lord Adonis]

My noble friend’s intervention is excellent and gives the Minister more to respond to. I know he is short of points to deal with at the end of this debate.

Queen’s Speech

Baroness Goldie Excerpts

Wednesday 28th June 2017 Lords Chamber

[Baroness Goldie (Con)]

My Lords, this is terribly well informed and hugely entertaining but a very long five minutes.

[Lord Adonis]

My Lords, I thought I was moving an amendment to the Address. I thought the Government would give me a little longer to speak. In that case, let me cut to the end. I did have more I was going to say.

The issue that is clearly at the heart of my noble friend Lady Hayter’s amendment is “exact same benefits”. I suggest that this is a form of words which obscures a real and fundamental difference between us. The key question is: what happens if, as is almost certain, David Davis proves unable to negotiate these exact same benefits? Are we to crash out of the single market and the customs union, or are we to seek to stay in? The Prime Minister has made it clear that, in this eventuality, she would seek to crash out, but the right thing for the country is surely that we do precisely the opposite and stay in.

There are precisely 639 days between now and 29 March 2019, when on present policy we will automatically leave the EU on terms likely to be very bad for the UK. At a different historical crossroads, in 1963, Martin Luther King urged:

“This is no time for apathy or complacency. This is a time for vigorous and positive action”.


If we do not make a stand today, there are not many days left.

Scotland’s Fiscal Framework

Baroness Goldie Excerpts

Wednesday 24th February 2016 Lords Chamber

[Baroness O'Neill of Bengarve (CB)]

My Lords—

[Baroness Goldie (Con)]

My Lords—

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

My Lords, it is the turn of the Cross-Benches, and then I suggest that we go to my noble friend Lady Goldie.

[Lord Dunlop]

During this transitional period, the protection that is put in place ensures that what was the case with regard to the numbers in the comprehensive spending review will be delivered over this period.

[Baroness Goldie (Con)]

My Lords, I, too, commend my noble friend Lord Dunlop for his perseverance, stoicism and patience in bringing these important negotiations to a conclusion. Does he consider that the real clout to be delivered to Scottish politics by the Bill and this fiscal framework agreement is to relish the prospect of a very reluctant SNP Government being compelled to accept fiscal and economic responsibility for their political decision-making, and that one of the most important components of any review will not be what happens in this place, the other place or in the Scottish Parliament but will be the views and expressions of the Scottish electorate, who may be suffering from the impost of some of the Scottish Government’s policies?

[Lord Dunlop]

I very much agree with my noble friend. The whole purpose behind this is that the Scottish Government should be held fiscally accountable for the decisions they take so that they should be able to reap the rewards of the good decisions they take and bear the risks and costs of their bad decisions.

Scotland Bill

Baroness Goldie Excerpts

Tuesday 24th November 2015 Lords Chamber

[Baroness Goldie (Con)]

My Lords, I am delighted to take part in this important debate. For me, it is reaching the destination of a journey which started more than 16 years ago. I will explain further why my perspective on this Bill is slightly different from that of any other Member of this Chamber. I view it through the prism of having been a Member of the Scottish Parliament since 1999, a stalwart supporter of the union who fought with Better Together to reject independence, and a member of the Smith commission on which it was a great privilege to serve. It was a commission set up by the Prime Minister after the referendum to respond to a universal demand to broaden the powers of the Scottish Parliament.

This Bill is two things. It is a pragmatic response to a Scottish Parliament with power to spend money but with very little responsibility for raising it. It is also, very importantly, a political response to a manifest and tangible sentiment in Scotland which emerged during the referendum campaign from people who, although uneasy about independence, did not support the status quo and wanted a parliament with greater political responsibility.

To put this into some kind of context, when I was elected to the Scottish Parliament in 1999, I was not among those who thought it was the first stage of a journey to hell in a handcart. Nor did I share the views of those at the other end of the spectrum who, even then, flirted with full fiscal autonomy and greater spending flexibility. After several years of devolution, I recognised that the structure was flawed. The fault lines were prised open in 2007 when an SNP administration took office. Admittedly, it was constrained by being a minority administration, but that was a temporary abeyance. That period of political indigestion paved the way for the Calman commission to which some noble Lords have already referred. Its recommendations induced the Scotland Act 2012—a cautious, not extensive increase of powers.

In 2011, the election of the SNP to the Scottish Parliament with an overall majority introduced a completely new political dynamic in Scotland. Among other things, the SNP embarked on an almost daily, relentless gripe about the inadequacy of resources given to Scotland. It also possessed a clear mandate to hold a referendum on independence. However, something else was happening. There was a growing awareness among Scottish voters that things needed to change. For example, many were aware that, while welfare was interlinked with the devolved competencies of health, housing, local government, skills and training, welfare itself was reserved to Westminster. It was such inconsistencies that the SNP relentlessly exploited. There was a vacuum of any meaningful political responsibility in the Scottish Parliament, whereby the SNP could constantly criticise lack of resources and yet have responsibility for raising only a fraction of them.

Some have argued that the Bill before us was a panic reaction to a highly charged referendum debate. In fact, the deficiencies, frailties and inconsistencies of the devolution settlement were laid bare by the referendum debate. This Bill is a pragmatic response to that reality. At the heart of this is also an issue of political trust with the people of Scotland. Prior to the referendum, voters were demanding clarity from the individual political parties in Scotland—clarity about a commitment to extend the powers of the Scottish Parliament if Scotland voted no. That led to the collective undertaking by David Cameron, Ed Miliband and Nick Clegg—to which some noble Lords have already referred—to honour that commitment within a timescale. The first part of that commitment was the Smith commission, so ably chaired by the noble Lord, Lord Smith of Kelvin.

The Smith agreement is the genesis of this Bill, which has been passed by the House of Commons, was not opposed by the SNP and has received the approbation of Lord Smith himself. It is far-reaching and exciting legislation that delivers the Smith agreement. As a pragmatic and political response, it does what it says on the tin. In anticipation of these real political responsibilities, parties in Scotland are already drafting manifestos for the elections next May.

[Lord Forsyth of Drumlean]

My noble friend served admirably on the Smith commission. Can she explain to us how the second no-detriment principle will work?

[Baroness Goldie]

The noble Lion, my noble friend Lord Forsyth of Drumlean, may, with the passage of time, have lost a fang or two, but I have learnt that whenever the matter of devolution and the Scottish Parliament comes before him, his demeanour is more predatory than benign. I could not improve on the answer given to him by the noble Lord, Lord Smith of Kelvin.

Regarding the Economic Affairs Committee’s report advocating a delay in enacting the Bill, I have very real political concern because I have to look at all this through a political eye. Were such a delay to be a possibility, Nicola Sturgeon would be cracking open the champagne and thinking all her Christmases had come at once, because such a delay would write the script for her. I can hear the words tripping off her lips: “deception”, “betrayal”, “bad faith”, “broken trust” and “Westminster is a bunch of scheming ferrets”.

This Bill must be enacted. Were it not, the political breach of trust and the betrayal of commitments to Scottish voters would be unacceptable. However, the Economic Affairs Committee is absolutely right to identify that the fiscal framework consequential on the Bill is of huge importance. The Smith commission recognised that, as it did the need to retain the Barnett formula. As has been indicated, constructive discussions are ongoing between the two Governments about how the formula should be adjusted to reflect the changing circumstances consequential upon the Bill. That is not a reason for delaying the Bill; it is a reason for the intergovernmental discussions arriving at a stable and flexible solution that can withstand financial shocks.

The committee is right to identify these challenges, but the fiscal framework is a modus operandi for the two Governments to agree. As a member of the Smith commission, I was privileged to play a part in the genesis of the Bill; as a Member of the Scottish Parliament, I know Scotland needs this Bill; and as a proud Scot, I look to Westminster to deliver this Bill.