House of Lords: Appointments
Baroness Smith of Basildon Excerpts(5 years, 7 months ago)
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Earl Howe
My Lords, as the noble Lord knows, there are various established criteria for appointments to your Lordships’ House, whether distinguished service in a particular field or the potential contribution that the individual can make to the work of your Lordships’ House—or, indeed, both those things—subject to vetting for propriety. I come back to that point because it is central to the issue he has raised. All nominations are subject to independent vetting for propriety by the House of Lords Appointments Commission before appointment. That must underpin any future consideration of this matter.
Baroness Smith of Basildon (Lab)
My Lords, the issue of appointments to your Lordships’ House goes right to the heart of any reform we would see for this place. The Minister will be aware that your Lordships’ House has supported two methods of reform: first, ending the by-elections for hereditary Peers, as proposed by the noble Lord, Lord Grocott, with the overwhelming support of this House; secondly, the report of the noble Lord, Lord Burns, on how to reduce the size of the House and bring some balance into appointments. The only reason why we have not had any reform is that it has been blocked by the Government. In the light of the new commission that the Government intend to set up, can the Minister tell me whether he, the Leader of the House, the Chief Whip or any senior member of the House of Lords leadership team have discussed with the Prime Minister the Burns report and ways to take this forward?
Earl Howe
My Lords, these are matters under discussion. The Government have not yet decided what will be in the scope of the commission, as the noble Baroness knows, and whether that will include the role of the House of Lords. We will make an announcement about that in due course; the point of my saying this is that the two processes could go side by side rather than together.
Constitution, Democracy and Rights Commission
Baroness Smith of Basildon Excerpts(5 years, 7 months ago)
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Earl Howe
I fully recognise the concern expressed by the noble Lord. Indeed, we have debated these matters in the past, albeit cursorily. These are matters that the Government are determined to grip. Whether the commission will be doing that is something that unfortunately I cannot be specific on at the moment.
Baroness Smith of Basildon (Lab)
My Lords, the Minister will have seen the report today that shows a dramatic increase in dissatisfaction with democracy. That is startling but hardly surprising, given the toxic nature of debate that we have seen over the last few years, so the new commission will have to look at ways to restore trust. The Government’s briefings have already provoked some interest, whether about political appointments to challenge the independence of the judiciary or about shallow comments about moving this House to York. While I understand that some No. 10 spokesmen delight in being populist, does the Minister consider that the path to restoring confidence is structural change of democratic institutions or will he accept that it is more fundamentally about behaviour and about offering hope for the future? What will really make a difference is genuinely understanding and tackling the serious issues that impact on society, from homelessness to climate emergency, if we are serious about restoring trust in the whole political system.
Earl Howe
The noble Baroness makes some extremely good points. Constitutional structures matter, but I suggest that what matters equally is for British and Northern Irish citizens to have a sense of belonging to this country, not a sense of alienation, and a necessary underpinning of that is public engagement and a listening, responsive Government. A number of things are in train at the moment that are designed to achieve those ends, not least the UK prosperity fund, which is designed to reach out to deprivation and inequality wherever it exists and bind the country together in the process.
House of Lords: Future Location
Baroness Smith of Basildon Excerpts(5 years, 8 months ago)
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Baroness Smith of Basildon (Lab)
My Lords, can the Minister confirm that this announcement comes from the same policy brain at No. 10 that, desperate for a Brexit headline, came up with
“bung a bob for a Big Ben bong”?
We know what happened to that. But there is a serious issue: this House is part of the scrutiny of Parliament as a whole. Clearly government must better engage with the regions and the nations, but does the Minister agree that moving just one part of Parliament, albeit to the fantastic city of York, sounds more like the PM is as worried about Lords scrutiny as he is about Andrew Neil?
Constitution, Democracy and Rights Commission: Civil Society
Baroness Smith of Basildon Excerpts(5 years, 8 months ago)
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Baroness Smith of Basildon (Lab)
My Lords, the Minister has twice referred to restoring trust in our institutions. I put it to him that we do not restore trust just by changing the structures of institutions. It is about engagement. I endorse fully the comment of the noble Lord, Lord Young. However, although I appreciate that this in its early stages, we need to take into account the fact that our constitution hangs together through not just individual bodies, but how these institutions relate to each other and how changing the powers of one affects the others, whether that is local government and Parliament or both Houses of Parliament.
Queen’s Speech
Baroness Smith of Basildon Excerpts(5 years, 9 months ago)
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Baroness Smith of Basildon (Lab)
My Lords, as someone once said, this is déjà vu all over again. It is appropriate that your Lordships’ House records our appreciation to all who have worked so hard to organise two Queen’s Speeches in such a short period of time, especially with this one being so close to Christmas. If it all seems as smooth as a swan gliding over a lake, it is only because of the furious and energetic paddling underneath. Those who have seen the hive of activity taking place behind the scenes will know what a huge logistical operation this is, involving carpenters to carpet layers, the Palace to the police, and indeed the hard-working staff and officials of Parliament. They have done a remarkable job. We are very grateful and, on behalf of the whole House, I think we should say thank you.
Although short by any standards, the last Session of Parliament cannot claim the record for being the shortest: that is still held by the Labour Government elected in 1945, which had a 41-day Session in 1948, albeit for the sole purpose of amending the Parliament Act to ensure that the nationalisation programme could progress. Last time, I was chastised by some for daring to suggest that the Queen’s Speech was not a serious programme for government for the forthcoming year but the market-testing of a manifesto for a Prime Minister clearly preparing for an election. Was I wrong?
As we heard from the noble Baroness, Lady Finn, despite not being able to vote, many in your Lordships’ House will have worked on the election campaign or watched with great interest. Given the weather, I really envied those watching from the comfort of a warm armchair as I plodded through puddles and gales. It was an election that has brought the Government great success. With his “Get Brexit done” slogan, Mr Johnson tapped into the public mood of frustration, disappointment and disillusionment. As is the convention of this House, I congratulate the Government on that success. A large majority is always welcomed by a Prime Minister, and it brings with it great responsibility—for the Government, for the Opposition, and indeed for your Lordships’ House. We welcome the noble Baroness, the Lord Privy Seal back to her position on her Benches.
The speech of the noble Lord, Lord Lamont, illustrated his deserved reputation as an experienced parliamentarian for today’s debate—though I have to say, he might have a second career as a stand-up comedian as well. He was first elected to Parliament in 1972 in a by-election where he trounced, among others, an anti-common market Conservative candidate. Later, in government, his ministerial roles included three top positions at the Treasury, with his time as Chancellor coinciding with one of the longest and deepest recessions that this country has ever known and the infamous Black Wednesday. When, after 14 years in government, he resigned after refusing a demotion, the noble Lord made a passionate speech, and part of that resonates today. He said that
“too many important decisions are made for 36 hours’ publicity … I believe that in politics one should decide what is right and then decide the presentation, not the other way round.”—[Official Report, Commons, 9/6/1993; col. 285.]
Those are wise words; perhaps he might want to offer them to the current incumbent of No. 10 Downing Street.
The noble Lord’s willingness to champion unpopular issues was evident when he first entered your Lordships’ House. For two years, the issue on which he made by far the most contributions was that of General Augusto Pinochet of Chile. A somewhat lonely supporter of the general, his efforts were recognised when the Pinochet Foundation awarded him a medal for his extraordinary and valiant attitude in defending Senator Pinochet. The story he told today which I most enjoyed reminded me of some advice I received during my early interest in politics. He talked about the bet of £100 that he won. I was advised early on, “Always bet on the other side, because if you lose you have got the compensation of the financial winnings you will gain.”
Appointed to your Lordships’ House in 2015, the speech by the noble Baroness, Lady Finn, illustrates why she has already earned the high regard and respect of your Lordships’ House. A former special adviser to the noble Lord, Lord Maude, when working on the then Trade Union Bill she was not in the least fazed, and was dubbed by some as the “silk and steel adviser.” It is surprising that she is still speaking from the Back Benches, although that has possibly been through choice. She has earned her reputation as a thoughtful contributor to our debates and I congratulate her on her speech today.
This Session starts at a difficult time for our country. The mishandling of Brexit has toxified our politics and divided our nation. Many of the old certainties of conventional political wisdoms are being challenged. The nation, suffering from the politics of austerity, wants the uncertainty of the past few years to be over and done with. But even now, over three years after the referendum, there is still no clarity on our future relationship with the EU. As mentioned by the noble Baroness, Lady Finn, there is still no certainty around the ongoing security and policing arrangements, about what the Government mean by “divergence” from EU standards and regulations, or about the likely short and mid-term impacts on our economy. Everyone in your Lordships’ House knows that we leave the EU on 31 January, but the ability of the Government to undertake and conclude the negotiations necessary in the truncated transition or implementation period will be a challenge. As always, this House will have a contribution to make, and we look forward to doing so within the usual conventions.
I have to say, I find it disappointing when Ministers and others, while purporting to welcome the role of a second, revising Chamber, then overreact with great excitement to any challenge or questioning. However, disappointingly, if rather predictably, the sabre-rattling has already started. We have learned to expect that from the previously ubiquitous—and more recently, invisible—Jacob Rees-Mogg. Having once described Members of your Lordships’ House as “arrogant and condescending”, he threatened to keep appointing Peers to pack this Chamber to get his own way. But Members of your Lordships’ House, and indeed the Government, are usually more measured and understanding, recognising how we work.
We welcome the fact that there will be a second Cabinet Minister in your Lordships’ House: Nicky Morgan. She is the first Cabinet Minister, other than the Leader, to serve in this House since 2010. The Labour Governments of Tony Blair and Gordon Brown appointed several Cabinet Ministers from this House, including my noble friends Lord Mandelson and Lord Adonis, and my noble and learned friend Lord Falconer, in addition to the Leader. That approach is useful to both the Cabinet, in understanding and appreciating our role, and to your Lordships’ House. It is also helpful that our Procedure Committee, recognising the value of a Secretary of State in your Lordships’ House, provided new rules which allow for a special Question Time. It has not yet been used but I am sure that the new Culture Secretary and the House will welcome that opportunity.
The Government have announced in this Queen’s Speech a constitution, democracy and rights commission. Given the comments that have been made by government Ministers and advisers, I want to put on record the two principles that should be a thread running through any such commission: first, the independence of our judiciary; and, secondly, that no one, not even the Government, is above the law. We have also been told that the new commission will consider an overhaul of the House of Lords, which is interesting when taken in conjunction with the new Lords’ Secretary of State.
Some may recall my previous disappointments with the noble Lord, Lord Strathclyde, who, as he knows, I like and hold in high regard. However, back in the day when he was Leader of the Opposition, he was a mighty defender of the role of your Lordships’ House, even on one occasion going much further than I ever would in declaring that the conventions were dead. Yet when the Government overreacted to this House and asked it to think again on George Osborne’s tax credits cuts, I was sadly disappointed that the noble Lord’s contribution was his report for David Cameron, seeking to reduce our limited powers on statutory instruments. I commented then that there were two versions of the noble Lord, Lord Strathclyde: one for opposition and his doppelgänger for government. However, I am pleased to note that the first noble Lord, Lord Strathclyde, is back. In a Financial Times story on the overhaul planned for this House he is quoted as saying that
“We need a stronger, more responsible second chamber, more directly accountable to people”.
I am not a naturally suspicious person, but few Governments have ever called for a stronger second Chamber. However, taking the noble Lord’s words at face value, I say to the Government: be careful what you wish for. I do not necessarily want to see a stronger House, although it would make being Leader of the Opposition here a lot more enjoyable, which the Government might not welcome. But I do want a responsible House, an effective revising Chamber, and reform.
We in this House supported, without opposition, the report by the noble Lord, Lord Burns, on reducing the size of your Lordships’ House. If Mr Johnson’s new majority Government are serious about reform, there is an opportunity to work across the House with all parties to reduce the numbers, and a plan is clearly laid out in the report for how we could quickly get on with that.
Secondly, we will give our full support to a Bill to end the hereditary by-elections, as previously and regularly introduced by my noble friend Lord Grocott. Indeed, I fully expect him to reintroduce his Bill, in what has become our very own parliamentary Groundhog Day. I know that he would welcome government support, and I look forward to discussing all his proposals with the relevant Ministers and the new commission. However, the Government should not use Lords reform as a Trojan horse for a ministerial power-grab.
On an issue which came up in the last Queen’s Speech, I welcome the admission that the Fixed-term Parliaments Act is not fit for purpose.
Whatever the outcome of the considerations, we on these Benches will continue to play our role in ensuring that the Government maintain their commitment to reversing the cuts they made in previous Parliaments. It is essential that the public see the rehiring of police officers and their visible presence in our communities.
We also welcome the admission that the scrapping of nurse training bursaries added to the long-term staffing crisis, and that there will be some reinstatement. We note from press briefings this week that the Government are starting to appreciate that their reforms and funding for the NHS have brought it to breaking point in some places and have not provided the basis for addressing future needs. Our NHS staff are unstinting in their efforts to provide a first-class service, and many of us have experience of their care, dedication and professionalism. However, too often we hear from those same staff that the pressures are intolerable. They are the people most qualified to address the problems facing this country’s most treasured and valued institution.
Many in your Lordships’ House have long advocated the reform of social care, and we can promise the Government that we will fully co-operate to ensure the necessary improvements. The Government cannot allow the search for consensus to delay progress and change; the issue has been kicked into the long grass too many times and the problem gets more acute. My noble friend Lady Pitkeathley has long called for better support for unpaid carers. I hope that the legislation will start to give these everyday heroes the credit and practical support they deserve, and we look forward to working with the Government on that. On a personal note, having spent a small fortune on hospital parking charges this year, I welcome plans to remove such charges from those in greatest need, and we look forward to seeing the detail of how that will work.
I had hoped to see something in the Speech that would provide clarity on the number of new hospitals being built and the increase in the number of nurses. Having heard the explanations that—I will try to get this right—the figure of 50,000 new nurses actually includes over 18,000 who are already employed, and that the figure of 40 new hospitals is probably only six, perhaps we should also have new legislation to ensure that we reintroduce the numeracy hour in schools.
The Queen’s Speech rightly refers to ensuring that every part of the UK can prosper, recognising that the Government have to act in the best interests of the whole of the UK. Yesterday, nurses in Northern Ireland were on strike—the first time ever that the Royal College of Nursing has supported such action, and it did so with a very heavy heart. To whom do the people of Northern Ireland turn to address this shocking state of affairs? They have now been left without devolved government for more than three years, with no political decisions being taken. I do not want direct rule, but the current inertia is unacceptable. Mr Johnson’s majority has brought the DUP’s privileged position at the heart of government to an end. That may well help to kick-start the process, and I welcome talks having started, but we must provide all the necessary support and an ambitious timescale to ensure that the Assembly is reinstated. As the House knows, those on these Benches with experience of Northern Ireland will willingly offer assistance and co-operation.
There are clearly other proposals where your Lordships’ House will support the principle and want to assist the Government by scrutinising the detail. While welcoming plans to support tenants, there does not appear to be anything to increase the overall availability of homes, and it is disappointing to see nothing about support for and working with local government. That is an issue that we can pursue further as we examine how some of the proposals can be implemented.
This is the last day on which the House will sit before Christmas. Tonight and tomorrow, we will return to our homes, families and friends. When we return in January, we will continue this debate and discuss the Bill on our withdrawal from the EU. Until then, I wish each and every Member of your Lordships’ House and all our staff and officials a very restful and happy Christmas and New Year. I beg to move that this debate be now adjourned, until my birthday—7 January 2020.
Tributes to Mr Keith Phipps
Baroness Smith of Basildon Excerpts(5 years, 10 months ago)
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The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)
My Lords, before we move on to the rest of our business, I would like to take this opportunity to pay tribute to a loyal servant of the House, our Principal Doorkeeper, Mr Phipps. I know that the whole House will join me in thanking him for his 25 years of outstanding service.
A dedicated public servant, Mr Phipps left school at 18 and joined the Coldstream Guards. He served in the Army for 22 years and in December 2000 enlisted as a Yeoman of the Queen’s Bodyguard. In 1994, Mr Phipps joined the House as a Doorkeeper and was promoted to Principal Doorkeeper in 2005. As he rose in seniority, he consistently served Members of the House with his characteristic charm, good nature and unfailing politeness. He handles colleagues with the utmost courtesy, while at the same time making it clear that there is an underlying message of authority, along the lines of, “Don’t mess with me”—some might say, the original strong and stable. Over the years he has provided Members, long-standing and new, with his wise counsel, as my noble friend Lord Robathan attested in his maiden speech. During their time in the Army in Hong Kong and Northern Ireland, my noble friend found that Company Sergeant-Major Phipps was right about most matters and could be relied upon to steer his company commander in the right direction. Many noble Lords will recognise that description of Mr Phipps, who has been a source of wisdom on procedure and custom, helping to steer us all in the right direction; and of course, his commanding presence made him the ideal candidate to act as the master of ceremonies during the Queen’s Diamond Jubilee lunch, which hosted Her Majesty the Queen and 700 guests in Westminster Hall.
When I joined this House in 2014, Mr Phipps and his team made me feel very welcome. He has always been willing to help out and on several occasions has taken pity on my poor guests, who invariably get the most uninformative tour of this place, taking over as tour guide with panache and more anecdotes than I could ever remember. His generosity and good humour are, I am sure, valued by all noble Lords.
Our remarks today come earlier than expected. Mr Phipps officially leaves on 13 December, but today is our last day with him as our Principal Doorkeeper. As the season’s festivities get under way in the coming month, I am sure that the Cirencester Salvation Army will want to seize the opportunity to sign him up for a starring role as Joseph in the nativity play, a role that I understand he played successfully some years ago.
Mr Phipps, on behalf of the whole House, thank you for your incredible service to us. We wish you and Sue all the very best for the future; enjoy your well-deserved retirement.
Baroness Smith of Basildon (Lab)
My Lords, this feels a bit like the end of an era, because Mr Phipps has become a bit of a legend in your Lordships’ House. As we have heard, his journey from the Coldstream Guards to the longest-serving Principal Doorkeeper is one in which he can take immense pride. Much of his work will exist in fond memories—his own, ours and those of the many colleagues with whom he has served. It was also captured when he played a starring role in the 2017 “Meet the Lords” mini-series, an appearance—or should that be performance—that has earned him his own personal entry and credit on the IMDb website, which prides itself on being,
“the world’s most popular and authoritative source for information on movies, TV shows, and celebrities”.
Today we say farewell to a celebrity in our midst.
I first met Mr Phipps when I was a fairly new MP in the other place and had a group of constituents visiting from the men’s group at one of our local churches in Basildon. He will not remember this, but I remember it very clearly. I walked through the Peers’ Lobby with some trepidation and approached the imposing-looking gentleman in a white tie. Very politely, I asked, “Would it possible for my guests to sit below the Bar to get a better view of the Lords’ proceedings?” In rather imposing tones, he asked, “Are they all wearing ties?” Then, spying one member at the back of the group, he pointed and said, “He’s not wearing a tie; he won’t be able to get in”. Embarrassed and a little puzzled, I looked around at my guests and spotted the offender. I said, “But, Mr Phipps, he’s the vicar and he’s wearing a clerical collar”. He let him in. For a few years now, just to be on the safe side, one of our staff in the Labour Lords office, Rob Newbery, has kept a drawer full of ties to provide for any Peer or Peer’s guest who requires one.
Noble Lords
Baroness Smith of Basildon
We are here to serve.
In all the years he has been in your Lordships’ House, we have appreciated Mr Phipps’s company, efficiency and natural authority. We have always known who is really in charge. I hope he has enjoyed his time with us as much as we have. I had to smile at the comments of his late father, Ken, when he reflected in 2012:
“He enjoys his job I think—he has a little moan every now and then, but who doesn’t?”.
On a more serious note, it is both an honour and a pleasure to thank him on behalf of these Benches for his dedicated and unparalleled service to your Lordships’ House. There is no doubt that he has made his mark in the most positive way, for which we are extremely grateful.
Keith, we are going to miss you. We wish you and Sue, your wife, a very long and happy retirement. There is only one thing left to say: thank you and goodbye, Mr Phipps.
Lord Newby (LD)
My Lords, I have seen Mr Phipps in two guises: as a doorkeeper here in your Lordships’ House and as a member of the Queen’s Bodyguard when I was captain of that august body. His attitude in both environments was that of an experienced NCO having to deal with a blundering second lieutenant who did not even know how to salute properly. He knew how it was done. I certainly did not, and I am sure that new Members of your Lordships’ House have felt similarly at sea when they first tried to work out how we do things here. But he has done that with everybody with an avuncular friendliness and firmness that has been extremely impressive.
At a time when the atmosphere in Parliament has sometimes been extremely fractious, he has helped to ensure that the ethos of your Lordships’ House reflects the tolerance and civility that, I am sure, we all believe should characterise the operations of a Parliament. We will miss him and the qualities he has brought to his roles, and I am sure we will all do our best to uphold the values he has brought to his work and our proceedings. We wish him and his wife a long and enjoyable retirement.
Early Parliamentary General Election Bill
Baroness Smith of Basildon ExcerptsWednesday 30th October 2019
(5 years, 10 months ago)
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Baroness Smith of Basildon (Lab)
My Lords, when the Prime Minister was standing for election as leader of his party—and, therefore, Prime Minister—I asked an esteemed Conservative Minister and parliamentarian of some integrity whom he was voting for. I was surprised when he said Boris Johnson. I suspect he had his misgivings, but his reason was that he thought he was a winner. I countered that Boris Johnson would see Parliament as an inconvenience, and I regret that I am being proved right.
First, we had the unlawful Prorogation, when the Prime Minister attempted to shut down Parliament for five weeks. Then, last week, having gained parliamentary support for the Second Reading of his withdrawal Bill, he pulled the Bill only because MPs would not agree to an unreasonable programme Motion—not, as the noble Baroness said, to any kind of timetable; they would indeed have agreed to a timetable, just not that timetable. All that was being sought on that occasion was the normal and reasonable process of consideration and scrutiny. Then, having won the vote on his Government’s programme for the forthcoming year, he demanded a general election—thus again trying to avoid the normal and reasonable process of scrutiny of his legislation. Then, having failed to get a two-thirds majority for an election at a time of his choosing under the Fixed-term Parliaments Act, he was obviously relieved and delighted when the Liberal Democrats and the SNP threw him a lifeline and offered to support an election. The noble Lord, Lord Dobbs, joked during the Queen’s Speech debate that these days fact is certainly more unbelievable than fiction; he is right. This is a book that nobody would have dared write.
When the Fixed-term Parliaments Act was introduced by the coalition Government, we were told that it would create strong and stable government, even from a minority Government. The noble and learned Lord, Lord Wallace of Tankerness, who introduced the Bill for the Government, said that this would ensure that election dates would no longer be picked for a narrow, partisan, political advantage. We were given lots of high-minded, constitutional reasons why it was so important, yet our own Constitution Committee admitted to some scepticism, recognising that the Bill’s origins and content,
“owe more to short-term considerations than to a mature assessment of enduring constitutional principles or sustained public demand”.
Basically, the Conservative-led coalition Government sought to bind Parliament to give it a five-year term in power. Having succeeded in that, neither party now sees any further use for the legislation.
Lord Wallace of Tankerness (LD)
I am grateful to the noble Baroness for giving way. What benefits did she think would accrue from a fixed-term Parliament, given that the Labour Party included a commitment to it in its 2010 election manifesto?
Baroness Smith of Basildon
I think the noble and learned Lord will find that, at the time, we proposed several amendments to the Bill that the noble and learned Lord rejected. Even in my wildest dreams, I did not suggest that it would be strong and stable government. I think the contradiction is that, at the time that the noble and learned Lord was taking the legislation through, he said that it would stop the politicisation of elections—nobody would call an election for political advantage. What do we think is happening at the moment?
Baroness Smith of Basildon
I will, because I think the noble Lord recognises the comment I made earlier in my speech.
Lord Forsyth of Drumlean
I need to confess that I was the Member that the noble Baroness referred to, and I was right about Boris Johnson—he is a winner, as she is about to discover. She is making a very devastating criticism of the Fixed-term Parliaments Act, so can we assume that in the Labour Party’s manifesto there will be a commitment to repeal it at the earliest opportunity?
Baroness Smith of Basildon
The noble Lord tempts me, and I have to say I would argue that case. Whether my party would fully accept everything I want in the manifesto is another matter, but I would certainly argue for it, because what is happening at the moment is that every time the Fixed-term Parliaments Act becomes inconvenient, the Government and their supporters could bring forward a Bill such as this in order to do away with it. Already, the Act has become nonsense.
During the Queen’s Speech debate, I joked that the first Bill in the Government’s programme would be a “Fixed-term Parliaments (Repeal) Bill”. I thought I was being clever—I have to say that my grandmother would have said I was being “too clever by half”. It was a joke, but I think it would have been a lot more honourable and honest to bring forward that kind of legislation. Perhaps the noble Lord and I could have a conversation afterwards, because if he wants to bring a Private Member’s Bill, I think it would find a fair amount of support in the House.
In that speech, I also joked about not having had a Queen’s Speech or Prorogation for more than two years, and then expecting two or even three in quick succession. I really was only joking, but some might now suspect I have a crystal ball in my office. The programme for government that we heard less than three weeks ago was, as we said at the time, a test run for the Conservative Party election manifesto rather than a serious programme for the coming year, but even we did not imagine that the election would be quite so blatantly soon. I have to say that the Tory Party’s enthusiasm for a general election every time it changes leader is proving to be rather expensive for the taxpayer. With a general election, a new Parliament and yet another Queen’s Speech all within a matter a months, perhaps the normally Conservative-supporting TaxPayers’ Alliance, with its diligent examination of public spending, will be sending an invoice to the Tory Party for the October event. If not, I might just be tempted to do so myself.
So much seems to have changed since 19 October. As we sat on a Saturday to consider the Government’s Brexit deal, I reflected that time and patience was running out for everybody: the public, the politicians and the EU. A situation without resolution was unacceptable to everybody. The bungling of Brexit has fractured our nation and divided friends, families and our politics. If MPs were unable to reach a conclusion on the slightly revamped but inferior deal, I conceded that the way forward would have to be to ask the public to consider the issue. The stalemate in Parliament has made me think again about a confirmatory referendum. A bit like in The Case-book of Sherlock Holmes,
“when you have eliminated the impossible, whatever remains, however improbable, must be the truth”.
As I said then, if this was the best Brexit, one that a Brexit-supporting Prime Minister said was “a great deal”, then we should all have the confidence to ask the public if they agree. At the time, the noble Lord, Lord Newby, speaking for his party, agreed with me. He said—and I am sure that he will not mind me quoting him—that his party was,
“absolutely sure that an early general election would deliver it many more seats. The same cannot be said for the Conservatives or Labour”—
we will see about that—
“yet we do not believe it is in the national interest to have one”.—[Official Report, 19/10/19; col. 289.]
As my hero, Harold Wilson, would have said: “A week is a long time in politics”.
I said that my party will not stand in the way of this election: our doubts have been only about the timing, rather than the event itself, which we have been calling for and planning for for so long. I was sorry that our amendment in the other place for an earlier date was rejected. I wonder how tolerant a politics-weary electorate will be about interrupting their Christmas preparations to consider party manifestos. I hope that no party will be tempted to dress their leader in Santa costumes.
Let us be clear, first, that a general election is not just about Boris Johnson’s pledge to “do or die” or “Get Brexit done”. Those soundbites are about as meaningless as Theresa May’s “Brexit means Brexit”. A referendum would have been about the single issue of Brexit, but a general election is about so much more. It is about a vision for the direction of this country, and the Conservative Party will have to stand on its record. By contrast, we have an offer that will make a real difference for the people of this country in health, education, the environment, with a new generation of affordable homes and renters’ rights, free personal care for our loved ones who are most in need and a genuine transformative vision to support our economy and workers in creating the green future that we need. Inevitably, it will also be about the damage that a Johnson Brexit or a crash-out Brexit would do to our country.
Secondly, I make a plea for decency and integrity in campaigning. To hear a Conservative MP say that the country needs an election to “drain the swamp”, and other such inflammatory and disgraceful comments, is both sickening and dangerous. A general election based on the denigration of MPs from any party or all parties, who have been charged with the most difficult decisions and negotiations for a generation, would further undermine any public confidence in our politics. We expect our candidates and leaders to behave with the dignity that office demands, and we must pledge to do all we can to uphold that. If this election is truly to resolve the divisions largely caused by the bungling of Brexit, all parties must seek to heal as well as to win.
Earl Howe
I cannot agree entirely with the noble Lord. The House will have followed his train of thought, but it is nevertheless possible for Parliament to convene before Christmas for swearing in and so forth to take place, and we can get that part of things done. As I have said, I am not in a position to speculate in advance of the Sovereign’s proclamation the exact timetable following that.
Baroness Smith of Basildon
I think the House would like a bit more information. When the noble Earl says that the House could reconvene before 23 December, I think that most Members of your Lordships’ House, and indeed of the other place, would expect that some business would be undertaken. If the election were on 12 December, I see little reason why the House could not reconvene the following week. He will appreciate that legislation will be required before the end of January. Surely the Government do not intend not even to start tabling business until the middle of January.
Earl Howe
Before we have a new Government in place, it is certainly not in my gift to specify the date on which Parliament will return, or indeed what it will do when it does return. However, I am sure the noble Baroness, if and when she is elected to office, will see to it that there is a rapid reconvening of Parliament.
I listened with care, and a great deal of sympathy, to the noble Lords, Lord Puttnam and Lord Whitty, on the critical issue of transparency in electoral campaigning. I also read the noble Lord’s article in the Times today. His criticisms of the Government are noted, but I hope he will accept that the Government are committed to increasing transparency in digital campaigning, to maintain a fair and proportionate democratic process. As both noble Lords will know, to this end, on 5 May the Government announced that we will implement an imprints regime for digital election material. The aim of that is precisely to ensure greater transparency, and to make it clearer to the electorate who has produced and promoted online political material.
Queen’s Speech
Baroness Smith of Basildon Excerpts(5 years, 11 months ago)
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Baroness Smith of Basildon (Lab)
My Lords, this is my third Queen’s Speech debate as Leader of the Opposition, although it has been a while since the last one. After three Queen’s Speeches, three debates and three different Prime Ministers, the dire state of national governance means that I cannot rule out taking part in a fourth or even fifth debate in the coming months. It could be a bit like the proverbial No. 9 bus: you wait for ages and then three come along at once. On recent form, who knows how many Prime Ministers we could see in that time? It is therefore surprising that the first Bill of this Session and in the Queen’s Speech is not the Fixed-term Parliaments (Repeal) Bill.
As always, our proceedings started this afternoon with two memorable and quite remarkable speeches. The noble Baroness, Lady Anelay, has always enjoyed the respect of this House, both as a formidable and fearsome—as we heard—Chief Whip, and as a softer, highly regarded Foreign Office Minister. That softer side was evident in a friendship that she established at the Foreign Office with Palmerston, otherwise known on Twitter as “DiploMog”, the Foreign Office cat. Such was the affection between them that on the day that the noble Baroness left the Government, from DExEU, Palmerston suddenly decided that he would leave the comfort of the Foreign Office; he unexpectedly crossed the road and walked purposefully across Whitehall just to bid her farewell.
On her introduction to your Lordships’ House in 1996, the noble Baroness went through the same process as us all in choosing her title; but hers turned out to be slightly more expensive. After being told that she could not have Woking, she selected “Baroness Anelay of St John’s”, after the village, with an apostrophe. Garter King of Arms informed her that that was fine, but when he checked historic and ancient documents residing in the village, he decided that it should not have an apostrophe—so all the road signs had to be changed.
Few could match the theatrical style of the noble Lord, Lord Dobbs, and the flourish of his speech. I hope that, in future, we will see him in cameo roles as his books are filmed. Perhaps he could be the Alfred Hitchcock or Colin Dexter of the House of Lords. The noble Lord has an enviable reputation as both a writer and a politician, having worked at the highest levels of Conservative Administrations for many years. I can perhaps help him with his worries about being seen as a young, up-and-coming politician. He may recall that he was described by one national newspaper as, “Westminster’s baby-faced hitman”.
While the memory of the noble Lord, Lord Dobbs, is almost correct, I have to say in my defence that I feel that I swooned rather than died in his arms—and we were play-acting. But he told me some time ago, as we toured the bowels of the building, that he was writing a new book, based once again on the political machinations of Westminster. Noble Lords will understand my nervousness after he promised—or, perhaps, threatened—that I would be a character in such a future book. Ever since then, I have treated him with the utmost respect and laughed at all his jokes; I hope he has seen sufficient amusement from me today. The book has not appeared yet, but as he said, he is probably hampered by the fact that fiction can never be as bizarre as reality. His speech today was an impressive response. Perhaps he will say, “You may think that, but I couldn’t possibly comment”.
This was an unusual Queen’s Speech. We were expecting great things, given that Prime Minister Johnson tried, and failed, to have an unprecedented five weeks’ preparation rather than the usual five days. Normally, a Queen’s Speech comes after an election as an opportunity for the Prime Minister to put their mark on the forthcoming programme of government for at least the next year. However, with Mr Johnson clearly desperate for another election, this Queen’s Speech could be little more than the market testing of his manifesto for the next election, rather than a serious programme for the next Session.
Taking the programme at face value, we welcome legislation aimed at tackling domestic abuse, improving mental health, protecting children and young people from online harm, and dealing with the poor management of private pension schemes. Some of these important issues were already being considered by the previous Prime Minister and indeed in previous Queen’s Speeches. Others have been championed for some time by colleagues from across this House, including many from these Benches. However, a number of key issues are missing. Where is the promised veterans Bill? There is nothing on housing and there is more about being seen to be tough on crime than genuinely tackling the causes. We also have Brexit-related Bills on agriculture, fisheries, immigration and trade, all of which had already begun their legislative process but were subsequently abandoned.
The Government promise legislation to implement new building safety standards. One of the casualties of cuts to local government funding has been the enforcement of building regulations. They are designed to ensure high standards, including on safety and the environment. Yet with fewer inspectors on the ground and government changes to planning laws, it is easier now for the unscrupulous or the ignorant to flout the law. While we welcome improving and monitoring standards, the Government have to understand that they have already hollowed out the current system. In addressing this, we want to ensure that any new regime is necessary, has real teeth and is not just warm words and another layer of bureaucracy.
We also have serious concerns about the proposed electoral integrity Bill. Clearly, we should do whatever is necessary to stamp out any abuse of the system, but we must also take care that the scale of changes is proportionate to the problem and does not have unintended consequences. I am not convinced that introducing photo ID checks meets that test, so we will need to scrutinise the detail. One of our priorities for electoral integrity would be to ensure that those who have the greatest stake in the future—16 and 17 year-olds—also have the right to vote.
Yet again, we have a commitment to outer space, perhaps a ruse of the Prime Minister to make another hackneyed joke about putting Opposition MPs into orbit. It does sound a bit pie in the sky to talk about outer space when the Government have delayed HS2, failed to make a decision on airport capacity, and cannot get their act together on lorry parks in Kent. It sometimes feels as if the Government live in a parallel universe.
I suppose we should not be surprised that Mr Johnson chose not to repeat David Cameron’s commitment, emphasised in the 2016 Queen’s Speech, confirming the sovereignty of Parliament and the primacy of the House of Commons. At the time, we felt it was an unnecessary reminder, aimed at your Lordships’ House, but as the Brexit crisis has unfolded, it is the current Prime Minister who has been forced to recognise the sovereignty of Parliament and Commons primacy.
In the last Session, your Lordships’ House dealt with around four dozen Bills and over 2,000 SIs. Many amendments and changes were put forward, with a fair number accepted by the Government or, if voted on and sent to the Commons, agreed in full or in part. When the Commons disagreed with our amendments, we respected its primacy. Recognising our constitutional role, particularly in such challenging political times, we rightly also considered and passed two hugely significant Bills agreed by MPs without government support. In our parliamentary democracy, it would have been completely wrong for this House to have rejected legislation that commanded the support of MPs, just because the Government did not like it. The Government were also right not to use this House, as some urged, to try to wreck that legislation.
We will continue to undertake our responsibilities and obligations regarding legislation with due diligence. It is therefore extraordinary that a member of the current Cabinet, having previously praised us for our maturity, wisdom, learnedness and experience, has now called for the abolition of your Lordships’ House. Indeed, he is previously on record praising the great benefit that comes from our independence. But it has to be said, that was before we disagreed with Mr Jacob Rees-Mogg. That probably explains his change of opinion more than his discovering an important point of constitutional principle.
There can be no doubt that we are living through extraordinary times. None of us can predict the future; at the moment we cannot even predict what will happen over the next week, with Parliament having an emergency and exceptional sitting on Saturday. It is not just because of the Brexit negotiations, unpredictable as they are, but, even more seriously, a consequence of being at a pivotal and troublesome moment in our nation’s history. Few that took part in the 2016 referendum, in good faith, could have imagined that we would be in such an uncertain position today, 1,207 days later. The 2017 Queen’s Speech talked about providing certainty and making a success of Brexit. Apparently, it was then a priority to build a more united country, yet we are more uncertain and divided than ever. Having been told so often that Brexit would be easy—that, freed from the so-called shackles of the EU, we would emerge phoenix-like, stronger and better than ever—many dared to believe those promises.
It is clear now that those promises were based on little more than a wing and a prayer. The rhetoric, false promises and hopeful statements, ministerial and otherwise, that accompanied the campaign and the years since have debased our democracy and our values. As competing pressures inevitably meant that a Brexit deal was tougher to nail down, the blame game began, with parliamentarians, lawyers and others labelled “traitors” and even “enemies of the people” for daring to fulfil their constitutional role. The added potency of terms such as “die in a ditch” and “surrender Bill” appear to be part of a clear sabre-rattling attempt to create hostility and conflict between the electorate and MPs.
I will pause while the noble Baroness, Lady Goldie, gets her phone. She is not guilty. I thought it was Boris Johnson making a quick call to check what I was saying.
In recent years we have seen the rhetoric reach new levels of toxicity in an increasingly desperate attempt to lay responsibility at the door of others. Each time the negotiations get difficult, there is a blame game to point the finger at anyone but the Prime Minister. But at what cost? Whatever the outcome of the Brexit debacle, what comes next will seal the future and values of our country for at least a generation.
So where do we go from here? Reflecting on the debate since 2016, it feels as though the values that have underpinned British Governments since 1945, including Conservative-led ones, have been jettisoned. I am talking not about specific policies, but about the conventional wisdom that it is the duty and responsibility of government in its widest sense to seek to unite rather than divide and to act for the whole nation rather than any party or narrow interest. While the upping of that at times dangerous rhetoric is designed to win votes, the public are more dispirited and have a greater sense of disappointment, disengagement and disillusionment about Parliament and politics than ever. They see the escalating rows over Brexit with no unifying conclusion, which ensures that the other concerns and issues that affect their everyday lives fall by the wayside. The current tone of public discourse and debate means that too many of our citizens, young and old, have so little confidence and optimism that they either lose hope or would rather be cold and wet protesting outside than ever think that they could be in here making the decisions to bring about the change that they seek.
I believe, and I think this House believes, in the power of government for good—in its power to effect change and its duty to provide hope and optimism for the future. The bungling of Brexit has sapped the energy, ambition, intellect, creativity and finances of our country. The brightest and the best could have been directed towards the greatest challenges of our generation. Instead, they have been pulled one way and then another in trying to cope with Brexit. Where is that strategic vision and national collective ambition?
Today, for all the new technology that wallpapers our everyday lives, at times it can feel as though we are in an era of make do and mend. Any Government with a sense of purpose would at least try to define, with honesty, a route to some sunny upland or other, which Mr Johnson’s regime is sadly lacking. So it is little wonder that today we see so little of that hope and optimism, referred to by the noble Lord, Lord Dobbs, that is the backbone of any modern state. Our young people have to believe that there is a future with a personal, professional and selfless opportunity to be able to work; to be able to own or rent a secure and affordable home; to be able to trust in a health and care system for them and their families; and to be able to believe that the environment will be cleaner and better for their children, and that they will be safe and secure. Those are modest desires, which a good state should enable, if not trying to create a utopian view of the good society, then at least aspiring to be a better one.
Given that this Queen’s Speech is a pitch to the electorate, can it deliver that optimism to bring about a different, better future? Robert Kennedy was inspirational. Quoting George Bernard Shaw, he said:
“Some men see things as they are and say, why; I dream things that never were and say, why not”.
Those words are so apt. It is not just about government. We need to encourage others to share that dream and ask, “Why not?” It may sound a little whimsical, but that is what successive and successful Governments have done when making the case for office, rather than having base arguments about the left and right of politics. They have been able to engage others to share that optimism, share that vision and have confidence that the Government will enable the delivery of that vision.
It is really hard to define what generates public optimism, but there are pivotal points in our recent history to which we can look for guidance. A war-weary public, while grateful to and admiring of Churchill, was enthused by the hope of a new Britain under Clement Attlee. The white heat of technology promised by Harold Wilson engaged those who sought a more forward-looking, socially liberal society. Margaret Thatcher gauged the temperature of Britain during the industrial strife of the 1970s and, despite my strong disagreements with much of her programme, initially had a vision and successfully convinced others to share it. Tony Blair’s “Britain deserves better” resonated with young and old alike, and things did indeed get better.
There is no quick way of turning this dire state of affairs around, but it is incumbent on us all to find a way forward. It is not enough to have a manifesto, or even a Queen’s Speech, with promise. It has to be more about genuinely making a difference on the issues that matter to us citizens, not about issues that matter to Westminster. The relationship between the public and the institutions of state and politics has been strained to the limit. An attempt to win votes by stretching it just a little further is doomed to a failure greater than losing an election. That is the big responsibility for government today. Who knows? In seeking to rebuild that trust, we may help not only to heal divisions, but in time to bring about the new optimism that we need, followed by a renewed commitment in our politics to deliver the legislation and honour that promise.
I beg to move that the debate be adjourned until tomorrow.
Services, Procedure and Selection Committees
Baroness Smith of Basildon Excerpts(5 years, 11 months ago)
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The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)
My Lords, given that one of these Motions relates to the new Convenor of the Cross Benches, I wanted to say a few words about the outgoing Convenor, the noble and learned Lord, Lord Hope of Craighead.
All noble Lords will know that the noble and learned Lord had a long and distinguished career as a lawyer, playing an instrumental role in the transfer of judicial authority from this House to the newly created Supreme Court. Over his four years as Convenor, the whole House has benefited from the measured and constructive way in which he has stood up for the interests of the Cross Benches and approached the work we have done together, not least via the work of our domestic committees. He has been a committed and constructive part of the usual channels, and I thank him sincerely for that. I know that these thanks are echoed by my noble friend the Chief Whip and his predecessor, my noble friend Lord Taylor of Holbeach.
Noble Lords may not be aware that the noble and learned Lord is a keen diarist, and I am sure we will all look forward to the volume on his years as Convenor. I particularly thank him for his involvement in the cross-House, cross-party working group which helped develop the new independent complaints and grievance scheme. His counsel and advice were certainly invaluable to us all.
On behalf of the whole House, I would like to wish the noble and learned Lord well and hope that he will be able to spend more time enjoying his hobby of bird-watching, without having to be in the range of a computer or hunting for what I understand is an elusive phone signal in the local Tesco in Craighead.
Finally, I look forward to working with his successor, the noble and learned Lord, Lord Judge. I am sure we will have an equally constructive and positive relationship.
Baroness Smith of Basildon (Lab)
My Lords, I concur with the comments of the noble Baroness the Leader of the House. The noble and learned Lord, Lord Hope, has been Convenor since 2015 and he has served this House, as well as his group, with distinction during that time. These have been interesting and at times very demanding times for your Lordships’ House.
In so many debates, the noble and learned Lord’s forensic and very wise legal mind has been of enormous benefit in improving legislation. I hope he will enjoy, and we will welcome, further such contributions, just from a different seat in your Lordships’ House. His gentle manner has sometimes hidden his understated humour, often found in the most unlikely of debates. If noble Lords missed it, I urge them to read his contribution to the debate on the Non-Domestic Rating (Public Lavatories) Bill. I will not repeat his words, as I could never do justice to his story, but it will bring on quite a chuckle.
The Convenor speaks for an independent-minded group of disparate, different and at times contradictory views—of course, that is not something that the noble Baroness and I would at all recognise. I am intrigued, although others may be fearful, that the noble and learned Lord lists in his hobbies that he is writing Lord Hope’s Diaries. The last month alone could create a whole volume and I just ask that he be gentle with us. He took over as Convenor at the same time as I became leader of my group. I have greatly appreciated our conversations, his integrity and his sound advice.
I give a warm welcome to the noble and learned Lord, Lord Judge. He also combines that sharp, forensic legal brain with a warm wit, and we look forward to working with him.
Lord Dholakia (LD)
My Lords, my noble friend Lord Newby, the leader of the Liberal Democrats, is in Australia. In his absence, I am delighted to associate my party with the tributes paid to the noble and learned Lord, Lord Hope of Craighead.
As the Convenor of the Cross-Bench Peers, the noble and learned Lord has provided distinguished service to the work of your Lordships’ House. He brought his independent judgment to the meetings of the usual channels. His contributions, and those of his colleagues on the Cross Benches, have continued to enhance the reputation of your Lordships’ House, for which we thank him. It is difficult to believe that he was often self-conscious and had a fear of public speaking. Despite this, he went on to accomplish major achievements in the legal and political sphere. As his title indicates, he is a real source of hope.
The noble and learned Lord and I have common threads running in our hobbies. He loves walking in the Scottish countryside and is an avid bird-watcher, and so am I. I invite him to join me and other twitchers in my village and join me on the South Downs Way, which is probably the finest ramble in Sussex.
I also welcome the noble and learned Lord, Lord Judge, to his new role. I have known him since my involvement in the committee of the Judicial Studies Board. He follows, like his predecessors, with a distinguished career in this appointment and we wish him well.
Brexit: Negotiations
Baroness Smith of Basildon Excerpts(5 years, 11 months ago)
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Baroness Smith of Basildon (Lab)
My Lords, I first thank the noble Baroness for repeating the Statement. I think that most of us listened carefully to what the Prime Minister has said today. The Statement was very different in tone to what we heard last Wednesday, so hopefully her entreaties to the Prime Minister had some impact.
When the Prime Minister took office in July, we were promised a fresh approach to Brexit, and that, despite actions suggesting the opposite, the Government really wanted to strike a deal with the EU. Having patiently awaited the result of the Conservative Party leadership contest, our EU partners were promised certainty by Mr Johnson. The de facto Deputy Prime Minister, Mr Gove, tells us that the new Cabinet Brexit sub-committee has had dozens of meetings over the summer, leading to a new plan for the Irish border being drawn up and dispatched to Brussels.
It is perfectly legitimate for the new Prime Minister to want to put his own plans to Brussels. In doing so, however, he would have been conscious that the Article 50 process was designed to take two years—not just the two weeks before the last European Council summit—for good reason. It was unfortunate that his advisers briefed the media that this would be a take-it-or-leave-it offer. Thankfully the tone has shifted to something much more conciliatory. We welcome that.
We must, however, face facts. Despite being welcomed by the DUP—I am sorry that our DUP colleagues are not here today for the Statement—the plan has been dismissed by all the other major political parties in Northern Ireland, as well by manufacturing and retail bodies. Retail NI’s Glyn Roberts said that the proposal was “worse than no deal”. Trevor Lockhart, the group chief executive of an agri-foods business, said on this morning’s “Today” programme:
“It is ultimately a balance between what works politically and what works economically. The UK backstop, for us, delivered economically but clearly did not work politically, and in the pursuit of getting a political solution the interests of businesses in Northern Ireland to some extent have now been sacrificed”.
Those are harsh words. For a plan centred on the principle of consent, there appears to be little consent for it.
Last night the noble Lord, Lord Empey, powerfully made the point that the Government were reneging on their commitment not to have a border down the Irish Sea. Like him, I struggle to understand the position of the DUP, as that party has opposed a border in the Irish Sea since the very start of the Brexit process.
Those in the know told us to watch out for the reaction from the EU 27. No news would be good news; it would mean talks were going into the tunnel for further discussion, and a deal was possible. Anything more than a basic acknowledgement of receipt would spell trouble. What, then, was the verdict? The Taoiseach warns that the texts tabled,
“do not fully meet the agreed objective of the backstop”.
The President of the Commission, while welcoming a degree of clarity about the UK’s intentions, noted several “problematic points”. The European Parliament’s Brexit steering group was less than enthusiastic, and that institution, which has to ratify any agreement, has already signalled that it will not support a deal without a backstop.
As I noted earlier, now that the party conference season is over, the Prime Minister appears to be approaching matters differently. I hope that talks will continue and progress will be made. However, given the leaked and very unwise memo calling on Conservative MPs to call the EU “crazy” if it rejects such a plan, it is vital that these talks take place in good faith.
So let us look briefly at the issues with the proposals. Despite warm words from the Government on the Good Friday agreement, it is not clear that this arrangement would uphold the UK’s commitments. The plans talk of a limited number of physical inspections taking place away from the border at the premises of producers, or perhaps further down the supply chain. I listened carefully to what the noble Baroness said, but is she able to confirm what arrangements are envisaged for such checks? Would the system operate in the same way as the Sweden/Norway border, with UK customs officials able to inspect premises in the Republic and vice versa—because that is how Norway/Sweden works?
The use of electronic submissions for trusted traders is surely part of the solution, but I am slightly concerned that the clue is in the name—it works only for “trusted” traders. What would the criteria be for a “trusted trader” under the new scheme? How do the Government envisage dealing with irregular traders, or those attempting to smuggle goods across the border, particularly if the UK ends up not participating in EU-wide intelligence and data-sharing schemes? Is the Prime Minister confident that his answer to that will reassure the EU 27 with regard to upholding the integrity of the single market?
Key to the plans is the inclusion of agri-food, a sector that relies heavily on cross-border trade, in a single regulatory area across the island of Ireland. Has the Lord Privy Seal had an opportunity to reflect on the comments of the Food and Drink Federation, which last night said that,
“these proposals don’t work for shoppers and consumers. That’s because they ask food and drink businesses operating in Northern Ireland to pay—through new bureaucracy and costs—for the Government’s inability to agree a comprehensive exit deal”?
Such concerns have been echoed by a variety of retail organisations across Northern Ireland and the Republic.
On these Benches, we are extremely worried by the Government’s insistence that there is,
“no need for … extensive level playing field arrangements”,
in the withdrawal agreement. The Leader of the House and the Minister sitting next to her will have heard the debates over the past couple of years in your Lordships’ House, and they will understand that what has been spoken about is more than mere customs procedures. Such arrangements cover social, employment and environmental standards, which completely underpin the contents of the political declaration. Can the Leader confirm whether the Government wish now to amend the political declaration? If so, have they prepared a new text? Do they believe that it is feasible to secure substantial changes to and ratify—including passing the withdrawal agreement Bill through both Houses—the withdrawal agreement and political declaration in the time available over the next two to four weeks?
Simon Coveney, the Foreign Minister of the Republic of Ireland, has indicated that if this were the final offer, the outcome on 31 October would be a no-deal exit. However, the Prime Minister has toned down his rhetoric since the Conservative Party conference and has talked about this being a “broad landing zone” for a deal, with the Government prepared for further discussions and further concessions. However, the fact remains that time is tight if Boris Johnson and his advisers stick to their “31 October or die-in-a-ditch” mantra. The fact is that the withdrawal Act No. 2 is a lifeline for the Government. It is an irony that the Prime Minister’s best chance of securing deal is an Act that he has opposed and done nothing but attack.
Noble Lords will recall that exactly this scenario was envisaged during our earlier debates on the first withdrawal Bill. We argued that it would be wrong to tie the Government’s hands if they were close to a deal but running out of time because of an inflexible exit date. The Prime Minister says in his Statement that,
“we are some way from a resolution”.
The extension legislated for in the most recent withdrawal Act gives the Prime Minister the flexibility he needs if he genuinely wants to get that deal over the line. Therefore, given that the Prime Minister feels that his proposal is the basis for further talks, does the Leader also accept that that is what he is suggesting? If a version of this proposal is agreed with the EU, are the Government confident that the necessary systems can be put in place during the transition period ending in December 2020? What are the Government doing to ensure, and is the Leader confident, that Stormont will be sitting by then?
Lord Wallace of Tankerness (LD)
My Lords, I too thank the Leader of the House for repeating a Statement that was written in much more measured tones than the one she was required to read last week. It is thanks to the purported Prorogation having been nullified that Parliament can now hold the Government to account on this important development. It is worth reflecting that if that had not happened, these important proposals would have been brought forward without Parliament being in session to examine them.
It is important that we examine these proposals, and the noble Baroness, Lady Smith, has asked a number of detailed questions on their application and how it is proposed that the arrangements will work. It appears that, from having no borders as a full member of the European Union, the Prime Minister’s proposals would give Northern Ireland two borders. Does the Minister believe that these proposals are better for the economy and, above all, for the security of Northern Ireland than what Northern Ireland has at present? It is important, too, that we closely examine the proposal of a “potential”— the word is there in all the documents—regulatory border between Great Britain and Northern Ireland and customs checks between Northern Ireland and Ireland. Simply to state that position must surely suggest that Northern Ireland’s economy would be in a worse position.
The noble Baroness, Lady Smith, quoted a number of businesses that have expressed considerable scepticism about the proposals. The Northern Ireland Chamber of Commerce and Industry said:
“Businesses are telling us that the potential increased costs will seriously damage … supply lines and indeed business survival.”
There are other quotes that could be repeated from spokespersons who have cast doubt on the workability and cost of these proposals. It would be interesting to see whether the Minister, when she comes to reply, can quote any business or business organisation which, in the last 24 hours, has given support to these proposals. The proposals depend on electronic and, in some cases, physical checks—possibly on business premises. What estimate have the Government made of these added costs to businesses as a consequence of such additional surveillance?
Last night, in response to a point that has been raised on a number of occasions, the noble Lord, Lord Callanan, said that the proposals did not breach Section 10(2)(b) of the European Union (Withdrawal) Act 2018,
“because they avoid checks, controls and physical infrastructure at the border”.—[Official Report, 2/10/19; col. 1765.]
I note his words, “at the border”, but if one looks at Section 10(2)(b) of the 2018 Act, it refers to creating or facilitating,
“border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature physical infrastructure, including border posts, or checks and controls, that did not exist before exit day and are not in accordance with an agreement between the United Kingdom and the EU”.
I believe there is a difference between “at the border” and border arrangements; customs arrangements are by their very nature border arrangements. Can the Minister confirm that the proposals put forward by the Prime Minister conform with the provision, given the clear indication in his Statement that checks could take place at designated locations anywhere in Ireland and Northern Ireland?
The Statement referred to the,
“potential creation of an all-island regulatory zone on the island of Ireland, covering all goods.”
It goes on to say that it would eliminate,
“all regulatory checks for trade in goods between Ireland and Northern Ireland”.
So, of course, there would be checks between Northern Ireland and Great Britain. Will the Minister indicate whether this would be a two-way process? The Prime Minister, I understand, seemed to indicate in a reply that it would be only one way: for goods coming from Great Britain into Northern Ireland. Surely, however, if Great Britain has higher regulatory standards than the European Union, there would be checks for goods coming from Northern Ireland into Great Britain. Can she confirm whether that would indeed be the case, or is the Government’s working assumption that there will never be situations where the regulatory regime in Great Britain would be more stringent than that in the European Union? Have the Government had any discussions with the Scottish Government as to the implications of this proposal for any infrastructure required for such checks at Cairnryan?
The noble Baroness, Lady Smith, referred to the powerful speech yesterday evening by the noble Lord, Lord Empey, who wondered how the DUP could possibly sign up to it. He gave various quotes at col. 1744, quoting DUP spokespersons opposed to any form of regulatory divergence. Why would they? Maybe the secret is that the answer is in the word “potential”, if it is read in conjunction with the consent arrangements, which in the explanatory note provided, refer to consent,
“within the framework set by the Belfast (Good Friday) Agreement”.
There are people in your Lordships’ House who are far more expert in the intricacies of the Good Friday agreement and the procedures in the Northern Ireland Assembly than I am—I am conscious that my noble friend Lord Alderdice is behind me—but I understand there is a procedure called a petition of concern. Is it possible that a petition of concern could be used to ensure that these arrangements never take place, and could be vetoed by the DUP and others before they ever had a chance to take off? Does the Minister think that that enhances the chances of this arrangement being agreed to, not only by the Government of Ireland but by the European Union?
The Written Statement laid by the noble Lord, Lord Callanan, yesterday and reflected in the Prime Minister’s Statement, refers to a revised political declaration. The Statement says:
“In parallel, we will be negotiating a revised Political Declaration which reflect this Government’s ultimate goal of a future relationship with the EU that has a comprehensive Free Trade Agreement at its heart”.
While there is a lot of detail on the arrangements with Ireland, there is very little detail on what arrangements or provisions are sought for the political declaration. It would be helpful if the Minister, when she comes to reply, would indicate what provisions are proposed. Does it mean that the reassurances we had in times past about maintaining workers’ rights and environmental protections may no longer be the case?
The Statement from the Prime Minister also says:
“If our European neighbours choose not to show a corresponding willingness to reach a deal, then we shall have to leave on 31st October without an agreement and we are ready to do so”.
The noble Baroness, Lady Smith, has already indicated how the European Union (Withdrawal) (No. 2) Act might come to the assistance of the Government, but assuming this agreement does not pass, and that the House of Commons does not agree to no deal, can the Minister indicate in detail how the Prime Minister can state that in these circumstances, we shall have to leave on 31 October without an agreement consistent with the provisions of that Act?
Obviously, an orderly departure from the European Union is preferable to a disorderly one. However, we on these Benches do not believe there is any agreement that can be reached which gives us a better deal, in terms of our security, our prosperity, our trade, our jobs, or the future opportunities for our young people than the deal we have at present, as full members of the European Union. That applies to the United Kingdom as a whole and to Northern Ireland in particular.