All 4 Baroness Ludford contributions to the European Union (Withdrawal) (No. 2) Act 2019

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Thu 5th Sep 2019
European Union (Withdrawal) (No. 6) Bill
Lords Chamber

2nd reading (Hansard): House of Lords
Fri 6th Sep 2019
European Union (Withdrawal) (No. 6) Bill
Lords Chamber

Committee: 1st sitting (Hansard): House of Lords
Fri 6th Sep 2019
European Union (Withdrawal) (No. 6) Bill
Lords Chamber

Report stage (Hansard): House of Lords
Fri 6th Sep 2019
European Union (Withdrawal) (No. 6) Bill
Lords Chamber

3rd reading (Hansard): House of Lords

European Union (Withdrawal) (No. 6) Bill

Baroness Ludford Excerpts
2nd reading (Hansard): House of Lords
Thursday 5th September 2019

(4 years, 6 months ago)

Lords Chamber
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Baroness Ludford Portrait Baroness Ludford (LD)
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My Lords, I too thank the noble Lord, Lord Rooker, for introducing the Bill. As has been said, a broad coalition came together to support this short Bill, which is simple and has a narrow focus: to prevent a crash-out Brexit for which there is no mandate. As Hilary Benn MP said, preventing a no-deal Brexit is the central most important question facing the country. The new MP Jane Dodds, who made her maiden speech yesterday, gave an illustration of what would happen to sheep farmers in her constituency.

I pay tribute to the responsible senior politicians from all parties who came together in the national interest. As we know, that included two distinguished Conservative former Chancellors of the Exchequer, Philip Hammond and Ken Clarke. What is notable is that many people have commented that it is an odd world in which an individual’s Conservatism is measured by how recklessly they wish to leave the EU. We are in a topsy-turvy world.

Supporters of the Bill are open about the fact that, beyond preventing the devastating harm and disruption of no deal, they have very different views on how to resolve the Brexit question. None of those options is precluded by the Bill, which, as I said, has a narrow scope. As Alistair Burt, one of the co-sponsors of the Bill, said,

“is the Bill a stumbling block to negotiations? No, it is not. The Bill does not prevent the Prime Minister or the Government from negotiating”.—[Official Report, Commons,4/9/19; col.224.]

It simply prevents no deal unless the Commons agrees to it and gives the Commons powers over the extension process—so it is taking back control to Parliament in action rather than in empty rhetoric.

Lord Grocott Portrait Lord Grocott (Lab)
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The noble Baroness talked about the coalition of people who have grouped together to propose the Bill, which essentially delays Brexit for a minimum of three months. Can she tell us what that coalition of people intend to do with those three months?

Baroness Ludford Portrait Baroness Ludford
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I covered that point. The Bill does not prevent a deal, because a deal could be agreed within the extension period—that is specifically covered. I said that the coalition is perfectly open about the fact that it has coalesced on a specific, narrow purpose: to prevent massive harm to the people of this country. Beyond that, there will be further discussion about how to proceed.

Lord Howard of Lympne Portrait Lord Howard of Lympne (Con)
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Will the noble Baroness now answer the noble Lord’s question?

Baroness Ludford Portrait Baroness Ludford
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I just have.

--- Later in debate ---
Baroness Meyer Portrait Baroness Meyer (Con)
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My Lords, I am pleased to follow the noble Earl, Lord Devon, because I completely agree with him. I have not prepared a speech, so what I say will not be in order. I am a European. My mother is of Russian origin, my father was French and I have lived in Germany, America and the United Kingdom. I am sometimes a little surprised by the word “European” because European countries are all very different and have very different mentalities. In my opinion, the European Union we are talking about is of the past. There was a union for various reasons, and I will not go through the history of the coal community—I cannot remember the name—that led to the European Union. One reason was to protect us against the eastern bloc and the political reason was because we were afraid of the resurgence of the Nazi movement. Then there was trade, which was very useful for all our countries.

The point I am trying to make is that Europe today is very different from the Europe we are talking about. I live in France and I go to Germany quite often, and their view of us is very different from what we think it is. We are friends and we can work together. I strongly believe that we can leave the European Union but remain Europeans in the terminology we are talking about. The United Kingdom is very different from Europe. We used to call it “the continent” in the old days because we are different. For better or for worse—I believe for better, because I love this country—we are in a different world. As the noble Baroness, Lady Deech —who is no longer in her place—pointed out, Europe is not a place I particularly want to remain a member of because I look at it as something that will not work long term. I find that a lot of Europeans are very disillusioned with the European Union and feel very remote from its government. One thing I observe is that people feel left behind. The resurgence of nationalism is a direct result of the European integration forced upon them. People want a sense of nationality.

Baroness Ludford Portrait Baroness Ludford
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I am sorry to interrupt the noble Baroness. Since her remarks seem to include observations about anti-EU feeling in different states, can she give an example of a member state where a majority want to copy the UK in voting to leave? My understanding of the polls is that support for membership of the EU has gone up in every EU country.

Baroness Meyer Portrait Baroness Meyer
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That is not the case in every country. It is certainly not like that among the eastern members. In France, there is quite a strong movement to get out of the European Union. Look at Italy; look at the gilets jaunes. I know it is not reported very much here but there is a strong feeling that people feel not part of the club—a club that was built many years ago. I think we have moved on. That is my opinion, but this is a place where I think it is important to share one’s opinion.

I go back to the point that we are where we are: I voted on one side and you voted on the other side, but somewhere along the line everyone in the other House agreed to hold a referendum. What I fear most, which reflects what the noble Earl, Lord Devon, was talking about, is that if we do not deliver what the people voted for, we will be in deep trouble. There will be a real reaction, and that is how revolutions are started. My grandparents were evicted from Russia as a result of the same sort of mentality. The centre, in the form of Russia’s royal family and the Government, had no idea of how the people in the streets were feeling; they were so remote that they were not inclusive.

If I had a choice, I would not go for this Bill. My reasons for saying that are, first, that we must give the Prime Minister a new—

European Union (Withdrawal) (No. 6) Bill Debate

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European Union (Withdrawal) (No. 6) Bill

Baroness Ludford Excerpts
Committee: 1st sitting (Hansard): House of Lords
Friday 6th September 2019

(4 years, 6 months ago)

Lords Chamber
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Viscount Trenchard Portrait Viscount Trenchard (Con)
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My Lords, I add my support to the amendment in the name of the noble Baroness, Lady Deech, who has set out clearly why the Bill is plainly defective. I think it happens to be a terrible Bill, and all that it will achieve if passed is to kick the can further down the road, which has a huge cost in terms of prolonged uncertainty and putting off decisions to make new investments.

As my noble friend who has just spoken has pointed out, there are different possibilities as to how the EU will react and respond to a request for an extension. Noble Lords will remember what happened at the last request for extension: there was a very long debate in Council, with President Macron seeking to allow us a much shorter extension whereas some other member states wanted to offer a very much longer one, and 31 October was a kind of compromise date. There was also much talk in the Council as to what other conditions should be applied to any acceptance of a request for an extension. That is the reason for the noble Baroness’s amendment.

It is not just on that point that the Bill is defective. I would like to know what is a “Lords sitting day”. There are two instances in the Bill of something called a “Lords sitting day”, which I have never heard defined before, as well as “calendar days” and “days”. So, the Bill is a bit poorly drafted. I have always understood that the role of your Lordships’ House is to scrutinise and improve deficient legislation.

I have another question; I think it is for the noble Lord, Lord Rooker, because he introduced this Bill. Clause 3(3) refers to what happens if the House of Commons has decided not to pass a Motion between two calendar days. It does not say what happens if the House has not decided to pass, or not decided not to pass, a Motion within two calendar days. Also, should “decision” have an upper-case d? If it is intended to signify a formal decision of the Council, it should have an upper-case d. If the decision is made on a Friday, or a Thursday when the other place is not sitting on the two subsequent calendar days, it is quite likely that the other place will not have had an opportunity to decide whether or not to pass such a Motion.

Quite apart from the very harmful effect of this Bill on our country and the current negotiations with the European Union, I think the least your Lordships’ House could do would be to support the noble Baroness in doing something to mitigate its harmful effect by making it a little clearer.

Baroness Ludford Portrait Baroness Ludford (LD)
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My Lords, I rather echo the puzzlement of the noble and gallant Lord, Lord Stirrup. I would like to ask the noble Baroness, Lady Deech, or other sponsors of Amendment 2, to explain what part of Article 50 gives the EU 27 any power to impose conditions. As I read it, paragraph 3 of Article 50 just says:

“The Treaties shall cease to apply to the State”—


the UK in this case—at the end of the two-year period, or the end of the extended period. Could the noble Baroness explain what is the basis in EU law for believing that the EU 27 have the power to impose any conditions?

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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The noble Baroness is vastly experienced; having been in the European Parliament, she understands these things and I cannot pretend to do so. When the issue of the extension beyond 31 March was discussed, I recall that President Macron and others were intent on imposing all kinds of conditions. Is she saying that, when he said that, he was not aware of the nature of the Article 50 process, or of European law?

Baroness Ludford Portrait Baroness Ludford
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I obviously have no idea what went on in the private office of President Macron. However, as noble Lords know, there are loads of lawyers in Brussels; the legal services of the three institutions are very distinguished. I imagine that there could have been some lively discussion between the politicians and the lawyers as to what was possible. I acknowledge that I am not aware of exactly what the content of those discussions could have been. I make no pretence to be an EU lawyer, but I remain untutored—just on a reading of Article 50—on what power would allow the EU 27 to impose those conditions. Since the noble Baroness, Lady Deech, moved the amendment—I see that the noble Baroness, Lady Falkner, is keen to come in, perhaps because this is also relevant to Amendment 3—I ask where that power comes from.

European Union (Withdrawal) (No. 6) Bill

Baroness Ludford Excerpts
Report stage (Hansard): House of Lords
Friday 6th September 2019

(4 years, 6 months ago)

Lords Chamber
Read Full debate European Union (Withdrawal) (No. 2) Act 2019 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 202-R-I Marshalled list for Report (PDF) - (6 Sep 2019)
Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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What he says he will do has nothing whatever to do with the law of the land as decided by both Houses of Parliament. I would expect every single parliamentarian to obey the law of the land. In passing the law, there is a responsibility on us to ensure absolute clarity about what it means and what it does. The noble and learned Lord’s party was not prepared to vote for this matter. It was going to abstain on it, and it was put into the Bill because Tellers were not appointed by the amateurs at the other end who had taken control of the agenda. For this House, and in particular for the noble and learned Lord with his vast experience, to suggest that we should leave it in while making that point makes my argument for me.

Baroness Ludford Portrait Baroness Ludford (LD)
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In response to the noble and learned Lord, Lord Goldsmith, yesterday the Minister—the noble Lord, Lord Callanan—gave an assurance that the Government would fully comply with this Bill once it became an Act. Not only would it get Royal Assent but the Government would comply with it. However, almost simultaneously the Prime Minister said that he would be dead in a ditch before he would request an extension. Does the noble Lord, Lord Forsyth, think that we should rely on the Minister’s assurance on behalf of the Government while the Prime Minister says something completely different? Does that not undermine trust not only in the Prime Minister but in the assurance that we got from the Minister yesterday?

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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I am so tired of this political argy-bargy.

European Union (Withdrawal) (No. 6) Bill

Baroness Ludford Excerpts
3rd reading (Hansard): House of Lords
Friday 6th September 2019

(4 years, 6 months ago)

Lords Chamber
Read Full debate European Union (Withdrawal) (No. 2) Act 2019 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 202-R-I Marshalled list for Report (PDF) - (6 Sep 2019)
Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town (Lab)
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My Lords, I thank everyone who has been here for what has been a most extraordinary experience. There are some people not in the Chamber who we should also thank. Those in the Public Bill Office and the Printed Paper Office have enabled us to deal with the Bill in an unusual way. They have worked, along with the doorkeepers, above and beyond the call of duty. On our side, to be personal for a moment, we have had in our office Dan Stevens on the content and Ben Coffman keeping our wits together. I know that it was bad news for noble Lords moving amendments that they are so effective, but for our side it was great, and I use this moment to thank them. The work of my noble friend Lady Smith and my noble and learned friend Lord Goldsmith has been superb over this and I think the whole House will thank them for what they have been able to do. We thank the Minister, of course, and I think we are going to hear from him.

Baroness Ludford Portrait Baroness Ludford (LD)
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My Lords, I second everything that the noble Baroness, Lady Hayter, has said and I add my own thanks to all those who have co-operated so well to ensure that the Bill has passed successfully, especially the noble Lord, Lord Rooker. I thank my leader, my noble friend Lord Newby, and my Chief Whip, my noble friend Lord Stoneham. I think we have had an excellent experience in the passage of the Bill.

Lord Hope of Craighead Portrait Lord Hope of Craighead (CB)
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My Lords, on behalf of these Benches I associate myself with the remarks of both noble Baronesses and pay tribute to the many Cross-Benchers who have been present throughout these proceedings, to whom I am particularly grateful.