European Union (Notification of Withdrawal) Bill

Baroness Randerson Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 1st March 2017 Lords Chamber

[Lord Elystan-Morgan (CB)]

My Lords, in proposing Amendment 43, I accept totally everything that has been said by the noble Baroness, Lady Hayter, and my noble friend Lord Wigley in respect of their amendments. Those amendments are social and political in their nature. They constitute an overwhelming case for why, in order to preserve the unity of the United Kingdom, the reality of devolution and the harmony between the various constituent parts of the United Kingdom, respect should be shown by the mother parliament to the parliaments of Wales, Scotland and Northern Ireland.

Those are political and social considerations; the matter that I wish to propose is in no way contrary to that but runs parallel. It is a constitutional point. It is a marvellously simple constitutional point, and I think I can deal with it in very short compass. It concerns the reserved powers constitution that Wales achieved under the Wales Act which became law a few weeks ago. The purpose of that Act was to change the whole pattern of devolution for Wales from a conferred pattern of devolution—bit by bit over the years, a confetti type of development—to a reserved powers constitution.

It is axiomatic as far as a reserved powers constitution is concerned that two matters should be dominant. The essence of a reserved powers constitution, as we appreciate, is that there is a transfer in the first instance of the totality of power from the mother parliament to the subsidiary parliament, but that at the same time there should be a reservation of a strict number of exceptions and reservations. It is axiomatic, therefore, that two conditions must prevail. First, the mother parliament must be seized of all the legislative power and authority that is relevant to the situation. That is obvious. Secondly, the mother parliament must be cognisant of the powers that it has and must be in a position to know exactly where to draw the line between that which is transferred and that which is reserved. Neither of those conditions exists in this case.

Why is that so? I remember a piece of dog Latin that I learned many years ago when I was a law student in relation to the sale of goods: “nemo dat quod non habet”—no man can give that which he does not have. Nobody can transfer that which they do not have. When it came to the question of deciding what powers Wales should have, the mother parliament did not have a mass of those powers that are relevant to the situation. There is a huge area that is missing. It may be 25%; it may be 30% or 40%. It is massive in relation to the totality of legal authority. That authority was missing from 1 January 1973, ever since the European Communities Act 1972 came into force. It never was with the mother parliament to dispose of. It could not possibly give it to Wales, or to Scotland for that matter—in Northern Ireland, the situation was entirely different, because its constitution goes back to 1922.

What, therefore, is to be done? The following matters have some relevance, broadly. Of course, there is the question of the Sewel convention, which has been written into both the Scotland Act and the Wales Act. That will have its effect gradually over the years. There is also the question of the joint ministerial committee, which meets in confidence and is able to discuss in a situation of total secrecy matters which are of the utmost importance to the mother parliament and the devolved parliaments. There is also the question of protocols, which was greatly promised in the late 1990s when legislation in relation to Scottish and Welsh devolution went through but has been as dead as the dodo, I am afraid, and should be revived.

I think—this is where we have the amendment—there is the necessity for something that is much more focused. That is why I have proposed that the Prime Minister and the First Minister for Wales should be responsible within a period of two months for forming a body that will look carefully at the situation to determine: first, what is the scope of legislative authority that is missing here; secondly, what is the nature of that authority; thirdly, what entrenched rights—what established rights—have come into being in relation to that since 1 January 1973; and, lastly, what situations are there where there has been legislation under the 1972 Act which has been deemed to be incompatible with the European instruments. That is a very substantial job, and I suggest that the period that I have nominated of 12 months is not unreasonable in the circumstances.

Many people will say that this is not necessary and that Wales from Cardiff and the Westminster Parliament from here can negotiate at arm’s length. I do not believe for a moment that that is possible. We have seen exactly over the last few months when we were dealing with the Wales Bill how almost impossible it was to persuade Parliament that much of what had been reserved was utterly trivial and was an insult to the Welsh nation. Things such as sharp knives, axes, dogs, licensing, prostitution, hovercrafts—all those matters which scream for domestic consideration—had been reserved.

Years ago, a very famous Welsh statesman said, “Why look into a crystal ball when you can read the book?”. We know exactly what happens when Wales and England deal with each other in that way. It is not the basis of partnership and equality at all. The cobwebs of colonialism still exist in the relationship between Wales and England, I am afraid. Something better has to be done, and I believe that my amendment can bring that about.

[Baroness Randerson (LD)]

My Lords, the first point in my notes is to remind your Lordships that today is St David’s Day. There have been moments in the last couple of hours when I wondered if I would have to scrub that bit, because it would no longer be St David’s Day. However, I maintain that discussing these things here on St David’s Day is the best possible way of celebrating it.

St David’s Day and its celebration emphasise the point that the UK is a voluntary association of four nations bound together by tacit consent. With that comes the obligation to mutual respect. I acknowledge that the Government are grappling with a very complex picture. Scotland voted to remain but has a Government who wished to remain. Wales voted to leave, but has a Government who wished to remain. Northern Ireland voted to remain, but has a pro-Brexit First Minister and faces elections this week. England voted to leave and that vote has dominated and outweighed the size of the votes in all the other nations. The UK Government’s determination to take a strict and harsh interpretation of the Brexit vote has made that more obviously difficult for the other nations to accept.

I added my name to these amendments because they express, in very clear terms, the need for formal structures for consultation with the devolved Administrations. Mere informal assurances of consultation will be totally inadequate; there must be formal structures.

European Union (Notification of Withdrawal) Bill

Baroness Randerson Excerpts

Committee: 1st sitting (Hansard): House of Lords
Monday 27th February 2017 Lords Chamber

[Baroness Randerson (LD)]

My Lords, from our perspective here, Northern Ireland is the forgotten part of the UK. It rarely gets a mention in this House and there is little media coverage in the London-based press. I am worried about Northern Ireland, and two or three years of answering for the Government on Northern Ireland issues taught me that politics in Northern Ireland is not as solved as people in England often assume it to be. I am worried about Northern Ireland because it is clearly a difficult time, with the breakdown of power-sharing and the imminent election. Clearly there are difficulties in personal relations that have not always existed in recent years.

European Union (Notification of Withdrawal) Bill

Baroness Randerson Excerpts

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

[Baroness Randerson (LD)]

My Lords, I start by making a point about the speech of the noble Lord, Lord Robathan. I just want to clarify that the Liberal Democrats are not asking for a second referendum; we are asking for a first referendum on the outcome of the Government’s negotiations. I see nothing at odds with democracy in the electorate changing their mind. In my experience, they change their minds every four or five years.

I am a member of one of the EU sub-committees of this House, and week after week we take evidence from major British businesses. When asked what sort of trading arrangements they would like to see in the future, almost without exception they have said, “Something as close to what we have at present if possible, please”. They want, and indeed expect, the Government to honour the promise in their manifesto to remain in the single market.

We must accept the decision of the referendum but I will not accept the Government’s interpretation of that result. It was a clear result but a narrow one. Therefore, the Government’s winner-takes-all approach to the result is completely unacceptable. The 52% should be respected but so should the 48%. The Government are intent on ignoring the views of the 48% so it falls to this House to give them our full attention. The Government’s White Paper was one of the most depressing documents I have read in many years. The view expressed throughout it was that we are the best; that the world owes us a living. The fatal hubris shines from every page.

I speak on transport. Time and again I have heard the Secretary of State for Transport tell gatherings of transport professionals that all will be well because they need us more than we need them. What is not factored in is that there are 27 of them and only one of us—for each individual EU country, trade with us is a relatively small part of their economy. Our EU sub-committee has taken evidence from Ministers too, of course. Depressingly, they speak only in percentages and billions of pounds. They fail to speak of hundreds of jobs or of individual companies. I have no doubt that over time our industries will adapt to the change but individual businesses will go to the wall and there will be casualties along the way. Transport is heavily integrated across the EU. Across the various modes, from aviation to road haulage, transport businesses can operate freely from one EU country to another. We have a huge stake in this. We have, for example, the EU’s largest aviation sector and the Government cite this as a strength. In fact, it is a point of weakness. There is much for the rest of the EU countries to gain if we were to be removed from a fully competitive position. There is no reason why Germany or France, for example, should not mop up our markets if, for example, easyJet could no longer fly easily and freely from one EU country to another or within any individual EU country.

Trade in all industrial sectors stands on the shoulders of the transport industry. We cannot succeed if we cannot transport our goods or personnel. I remind your Lordships’ House that in 1988 it required 88 separate documents to transport goods from London to Rome. It now takes one document. If we go back even a few steps towards 1988 it will cost time and money and increase complexity. There will be a huge impact on our ports, on Eurotunnel and on the individual businesses and industries that create the goods that the lorries and so on are transporting. The Government talk of friends across the other side of the world, with exotic trade deals in China, South America and so on. The large shipping lines and airlines will adapt, but parts of the transport sector cannot adapt. For the bus operator taking tourists down the Rhine valley, for instance, a thriving tourist trade in China is no use at all. Ferries cannot operate on the other side of the world, across long distances. HGV operators can operate only with neighbouring countries, and Eurostar and the Channel Tunnel are pretty immovable. So for these reasons, the transport industry can cope with the single market but not a hard Brexit.

Across the world, countries trade most intensively with their neighbours. The reasons are obvious: distance costs time and money and makes your goods less competitive. Despite the vote on 23 June, we cannot ignore the realities of geography. The EU countries are our neighbours and it would be economic suicide to abandon them. We must remain part of the single market.

The Government need to see the reality of this. They need to recognise the dangers of a hard border in Northern Ireland. They need to recognise the rights of EU citizens living here and they must acknowledge that the referendum gave them the power to negotiate and not to decide our final destination. The voters must decide that.

This journey started with the people and it must end with the people. I will vote in due course for amendments that implement that.