European Union (Definition of Treaties) (Strategic Partnership Agreement) (Canada) Order 2018
Debate between Baroness Ludford and Viscount Waverley
Viscount Waverley (CB)
My Lords, my remarks have been very hastily put together because I had not intended to speak to this group of ratification processes, although I will speak to the others. I do so because of the relevance and importance of this plank of the EU-UK negotiations, in so far as it impacts security. One need look no further than the multilateral agreement for joint co-operation in signals intelligence between the UK, Canada, Australia and New Zealand, whose importance cannot be overstated. Recently the lid has somewhat come off the importance and understanding of this association. The UK, and by extension the EU, can be beneficiaries of the Five Eyes in matters of security.
Baroness Ludford
I have one other point. Paragraph 7(4) of the Explanatory Memorandum refers to how the Government notified the Commons of their decision to opt in to Article 18(2) of the Canada agreement, which relates to judicial co-operation in civil and commercial matters. In the Government’s view, this falls within Title V of Part III of the TFEU, and they claim that the UK has an option to choose whether or not to participate.
If memory serves, there is an area of dispute between the UK Government and the Commission about whether or not the JHA opt-in applies in international instruments. Has the European Commission accepted that the UK can choose whether or not to participate? I am not up to date with where that disagreement got to. I seem to remember that the view in Brussels was that, as this was an international agreement, it was not covered by the opt-in arrangements for justice and home affairs, which are about internal EU arrangements. Has that argument been resolved, and has the European Commission, and perhaps the Council, accepted that the UK can choose whether or not to participate—or is their line that you lump it or leave it: you do not have an option on that aspect of the Canada Strategic Partnership Agreement?
European Union (Definition of Treaties) (Political Dialogue and Cooperation Agreement) (Cuba) Order 2018
Debate between Baroness Ludford and Viscount Waverley
Viscount Waverley (CB)
My Lords, I sat in the other place last Wednesday and followed the same procedure that it adopted when considering the ratification of all the agreements before your Lordships’ House. As much as anything, I have some remarks for the record as well, since the opportunity presents itself. The Minister has kindly taken us through the Government’s thinking and I thank her for that, but perhaps I might explore this further.
What is the central American instrument expected to achieve in both purpose and benefit, given the slide towards an unsettled region? I recognise that central America is 50 million people strong and might be considered a key future partner for the UK. It should also be remembered that countries at peace with themselves form a part of the region at large. One could imagine Belize and Costa Rica being in that bracket, though I recognise that they may not form part of the exact agreement itself. Nevertheless, I place on record my disquiet as to the goings on in the region. El Salvador is having its challenges. Events in Nicaragua are troubling. There are ominous signals from Panama and Honduras. Venezuela is not before us, but, with all its well-documented instability, it is making active overtures to Cuba, which is.
Cuba is a Caribbean island extending into a peaceful region with which the UK has a more direct association. Anglophone neighbours have long expressed anxiety as to the effect that that country will have on the economies of the islands when it enters fully the mainstream economic affairs of the region. There is nothing wrong with that in principle, but it should start to be a concern when we factor in Venezuela’s ever-closer ties with Iran and so, potentially, with Cuba. This week’s Economist has surmised:
“Although it has … far less attention, Nicaragua is following”,
the lead,
“of Venezuela, in which an elected dictator clings to power through repression and at the cost of economic destruction”.
I trust that this ominous assessment proves to be wide of the mark and not the manner of things to come in the region. Those of us of a certain age will remember the Iran Contra hearings of 1987, addressing covert arms transactions with Iran. We should now add to that the current United States policy of expelling immigrants back to El Salvador, which has the possibility of giving the US nightmare scenarios on its border regions and of further flaming regional discontent.
While distress signals are on the horizon, nevertheless, not ratifying will have a negative effect on the countries in that region and on the UK. I therefore offer support, somewhat guardedly, to these instruments, but I respectfully request of the Government, as we move on from this being an EU instrument to a post-Brexit bilateral circumstance, that we make this ratification process work to the benefit of the region and of the UK—and, of course, the EU. At the very least, it fulfils my core belief in the principle of engagement.
It may be remembered that President Obama underlined in a now famous speech delivered in Cairo that if a policy has not worked for 50 years it is perhaps time to think again. Cuba, a part of the region to which I have referred, is testament to that. Let us hope that those aspirations come into being in central America and become a lesson for all of us in other geopolitical arenas. My negative remarks should not distract from the importance of this agreement.
Baroness Ludford (LD)
My Lords, I again thank the Minister for her introduction and explanation. I think that this is the first ever EU-Cuba agreement. Before this, Cuba was the only country in the region not to have a legal basis for co-operating with the EU. It is very welcome that this is now happening. Obviously, some change has happened in Cuba. I hope that this agreement will help to promote more change and the reform process in Cuba. It is indeed welcome.
I am curious about the timeline. I believe that this was approved by the European Parliament a year ago. I wonder why it has taken a further year for it to reach the Westminster Parliament. I am sure that the political and human rights dialogue will be challenging because, although it is starting to change, there are still a lot of repressive measures in Cuba. I hope that there will be a monitoring mechanism to track progress and that there will be some reality and substance to the human rights clauses. Although this is not particularly my area of expertise, I know that MEPs used to deplore the rather window-dressing nature of human rights clauses in the EU’s international agreements. Everyone declared that they were all in favour of human rights, but there were not any real levers of influence and change in the country. So I hope that the Cuba one will make a reality of the political and human rights dialogue.
Of course, I welcome the fact that this agreement extends to trade and the reduction of non-tariff barriers to trade. So it represents a good step forward in having, for the first time, a legal framework for EU-Cuba co-operation. Compared to where we were 20 or even 10 years ago, it is good progress.