Queen’s Speech

Baroness Smith of Basildon Excerpts

Wednesday 21st June 2017 Lords Chamber

Moved by

[Baroness Smith of Basildon]

That this debate be adjourned until tomorrow.

[Baroness Smith of Basildon (Lab)]

My Lords, first, I join those wishing the Duke of Edinburgh a speedy recovery, and thank Her Majesty and the Prince of Wales for being here with us today for the Queen’s Speech.

We just heard two excellent speeches. It is a parliamentary tradition that the proposer and seconder of the Humble Address be a wise, experienced sage and an up-and-coming new Peer. I am sure the noble Lord, Lord Forsyth, would agree that it is amazing how quickly you can move from one to the other.

However, that has not always worked out. In March 1974, Lady Birk was paired for the debate with Lord Taylor of Mansfield. He certainly qualified as “experienced”. A former MP, he was then 79 years-old and was a regular attender in your Lordships’ House into his 90s. Lady Birk later became a Government Whip. Unfortunately, as she made her way to the Chamber for the debate, she tripped, fell and cut her head, so was unable to take part. The new Leader of the House for the new Labour Government, Lord Shepherd, had to find a replacement with just minutes to go. He alighted on Lord Brockway, who entered the Chamber preparing his speech in his mind because he did not have time to write anything down. Then, as ever, he spoke with great style and thoughtfulness. However, it was commented at the time that, at the age of 86, he could hardly be described as “up and coming”.

The noble Lord, Lord Forsyth, made a typically combative speech with very strong support for the Prime Minister. He highlighted his own political passions. I welcome the comments he made on mental health, on which there was general agreement around your Lordships’ House. There was not quite the same agreement for his comments on the European Union but that debate will continue as this extraordinarily long Session of Parliament goes on.

In his earlier life, the noble Lord, Lord Forsyth, was identified as a champion of the emerging new Conservative thinking and policies. He pioneered outsourcing and privatisation in local government with great gusto. As one article put it, he was preaching Thatcherism before the word was even coined and even before Margaret Thatcher knew such a thing existed. Just think: if history had been slightly different, there may never have been Thatcherism—only Forsythism.

A combative and conviction politician, the noble Lord has had a long and distinguished career in Parliament, including as Secretary of State for Scotland. I am told by Scottish friends that a great claim to fame is his bringing the Stone of Destiny to Edinburgh Castle and the premier of the film “Braveheart” to Stirling Castle. However, no comments on the noble Lord would be complete without a tribute to his amazing charitable work. Many give of their time and money but few would dare to climb the highest mountains in Africa, Antarctica and the Americas as he has done for those causes he supports.

The noble Baroness, Lady Bertin, shares the noble Lord’s commitment to charity and is a trustee of the charity KIDS, which supports children with disabilities and their families—something that, as she said today, has a personal resonance for her. As the youngest and one of the newest Members of your Lordships’ House, she still brings considerable experience of government and Parliament, having worked for David Cameron from 2005 until he resigned as Prime Minister. She is highly regarded by all those who have worked with her.

When the noble Baroness made her maiden speech, I was touched by a passage which impressed many of us. She said:

“A benchmark of a civilised society is how we care for the most vulnerable and, equally, how cared for they themselves feel”.—[Official Report, 2/12/16; col. 443.]


Her speeches since then have shown her commitment to those with disabilities and learning disabilities, and today she has also shown us her natural wit and a thoughtful approach. We look forward to hearing more from her.

The last time this House met was on 27 April. So much has happened in that time. The terrorist attacks in Manchester, London Bridge and outside the Finsbury Park mosque have shocked, saddened and angered us all. As a nation, we have been clear that we will not allow such evil to compromise our democracy, but we continue to be deeply affected as we recall those who have lost their lives and those whose lives are for ever changed. The sheer horror of the fire at Grenfell Tower, with the final number of fatalities not yet known, has left hundreds homeless and so many deeply shaken and traumatised. As well as the inquiries into the causes and the response, it also raises deeper questions about our society that must be seriously and genuinely addressed in the weeks and months to come. In all of this, we pay tribute to the dedicated, caring and professional work of our police, our fire service, our National Health Service staff and all those who put the needs of others first as they sought to help. In their responses we saw the best of humanity.

The backdrop for this election and its aftermath has been challenging; it has also been emotional. It was also quite an unusual election. It was not due for another three years so when the Prime Minister announced she wanted to sweep aside the Fixed-term Parliaments Act and have an early election, she took the country, Parliament and, indeed, her own party by surprise—and, perhaps, for granted. But she was clear about her rationale: it was about returning her as Prime Minister with a larger majority, to provide strong and stable leadership, with a clear mandate for the kind of Brexit she had outlined. Apparently it had nothing to do with a 21-point lead in the opinion polls. She claimed that the country was coming together but Westminster was not. She added that,

“unelected members of the House of Lords have vowed to fight us every step of the way … So we need a general election and we need one now”.

That was the only way, she said, to guarantee certainty for the years ahead. Well, we now have neither strong leadership nor certainty, and certainty is not provided just by announcing that we will skip the next Queen’s Speech, unusually, and have a two-year Session of Parliament.

We should challenge the premise on which the election was called. The Prime Minister had her mandate. She had an overall majority of 17 in the House of Commons—how long ago that must seem now as she sits round the table trying to broker a deal with the DUP. When the Prime Minister called the election, she had just got her Brexit Article 50 Bill through Parliament, unamended—the “clean” Bill that she wanted—although I wonder if David Davis, as he left the rather short initial talks with Michel Barnier yesterday, privately wished that the Government had accepted your Lordships’ House’s amendment on protecting the rights of EU nationals and thus settled the issue, so that he could focus on other matters. Despite the Prime Minister’s complaints, there was nothing extraordinary or unusual about our tabling of amendments, the debates and the votes. It is what we do. On these Benches, we will continue to be a robust, challenging and responsible Opposition, recognising the conventions of your Lordships’ House.

As an unelected House, this House has recognised the primacy of the other place—the House of Commons—and always will. That was the central premise recognised in the Salisbury/Addison convention, reinforced in the Wakeham report in 2000 and the report of the Joint Committee on Conventions chaired by my noble friend Lord Cunningham of Felling in 2005. Following the election of a minority Government, there has been discussion about whether the conventions of this House still apply, so let us be clear what they are. The Salisbury/Addison convention recognised the legitimacy and the mandate of that great 1945 Labour Government, who had a majority of 146 in the House of Commons but only a handful of Peers in your Lordships’ House. The agreement in essence held that, given that majority, this House would not vote against manifesto items at Second Reading or introduce wrecking amendments. Whenever our conventions have been re-examined, the starting point and the endpoint have remained the same. This House recognises the primacy of the Commons, and that is how we have always conducted ourselves.

What is also clear in those reports, and from our own experiences, is that the House of Commons has primacy, not the Executive or Government. Your Lordships’ House can advise, scrutinise and propose amendments to the other place, but at the end of the day, the House of Commons, as the elected House, is entitled not to accept that advice, however wise we may think it is. That makes the process sound a bit more confrontational than it generally is when in so many cases, as we know, the terms and principles of our amendments are accepted by the other place. That is where the Strathclyde report went wrong—in trying to confuse the House of Commons with the Government. They are not the same. The Queen’s Speech in 2016 was very clear on this. It said:

“My Ministers will uphold the sovereignty of Parliament and the primacy of the House of Commons”.—[Official Report, 18/5/16; col. 3.]


We agreed with that then and we agree with it now.

If the Government are ever able to do a deal with the DUP, the details should be published along with the costs. There must be transparency. There must also be transparency about the legality and the political implications for the Good Friday agreement, to which the UK Government are recognised as a co-guarantor. They should act with rigorous impartiality towards all political parties in Northern Ireland. However, even with a deal, I suspect that there are a number of issues on which a Conservative/DUP Government might not find all the MPs of their respective parties in total agreement, particularly if the Prime Minister fails to put jobs and the economy of this country at the heart of Brexit negotiations. So—I want to be very clear on this—should the House of Commons send this House legislation that has been amended from the Government’s original intentions, their Ministers should not seek to use your Lordships’ House to thwart the mandate of the democratically elected House. The Government do not have the mandate that the Prime Minister sought.

This is the Prime Minister’s first Queen’s Speech and it is clearly not the speech that she originally planned. It has been delayed and shorn of so much promised social legislation, and it is the first in decades to be delivered without a parliamentary majority. If it was delayed to wait for the ethereal deal with the DUP, that is even more chaotic than we first thought. Perhaps it is chaos without coalition.

The first three paragraphs of the gracious Speech are on Brexit. First, there are warm words about getting the best possible deal and working with others—and then the harsh reality. Interestingly, the words “great repeal Bill” are not even mentioned, perhaps because such legislation was so misnamed. In addition to new legislation on trade and customs, the Government have identified five areas where new national policies are required with, presumably, new primary legislation: on immigration, on international sanctions, on nuclear safeguards, on agriculture and on fisheries. These areas will be complex and often very technical. The detail of these Bills will be crucial, so I urge the Government to publish their proposals early. I hope that the noble Baroness will take this away and consider it. It would ensure meaningful consultation so that we can look at them in some detail, because small mistakes could have serious consequences for our nation.

On the other Bills referred to, I, like the noble Lord, Lord Forsyth, picked up on the mental health Bill. There is a serious and immediate need to improve mental health services and we look forward to seeing the proposals. Previous promises that there should be parity of esteem between physical and mental health services have not been met. Just saying something does not make it happen but, with good will and appropriate resources, new legislation has the potential to make a real difference. Like the noble Baroness, we also welcome stronger action to tackle domestic violence and abuse. Since 2010, cuts to local authority funding have seen one in six specialist refuges close in England, and one-third of all referrals are currently turned away. Refuges are key to tackling this crime, and I hope they are seen by the Government as part of the solution. Perhaps this is also an opportunity to revisit the coalition Government’s policy that removed legal aid from victims of domestic violence in child custody cases.

The promised full public inquiry into the horror of Grenfell Tower is welcome, and it must be to learn lessons and to hold those responsible to account. Those who have suffered must have their voices heard, and process and information must be open, be totally transparent and hold the confidence of the local community and those affected. We welcome that the Government have taken up the issues raised by my noble friend Lord Wills in his Private Member’s Bill to introduce an independent public advocate. Such an advocate should play a key role in supporting bereaved families through any official process or inquiry that can sometimes seem distant and not have their needs at its centre. That office must be fully independent and resourced and must not in any way be used to avoid the normal legal processes or potential legal action or be linked in any way to legal aid, which should not be ruled out for such cases.

The Government have also pledged to review their counterterrorism strategy. With the expertise and knowledge in your Lordships’ House, we will want fully to engage with any review and discussions that seek to make our community safer and to prevent such criminal and terrorist atrocities as we have seen. When the Prime Minister announced as her starting point that she was prepared to tear up the Human Rights Act if it “got in the way”, she was perhaps just looking at the issue from the wrong end of the telescope. The greatest and foremost human right is the right to life, and the first duty of any Government is the safety and security of their citizens. Before any rush to new legislation, the starting point should be to examine existing laws, and their enforcement and resourcing. This needs wise judgment. It requires intelligence and experience and must be effectively resourced. We have to ask ourselves questions. If we had more police officers and more community officers and the capacity for intelligence operations, would that make a difference? We know that our police and security services have foiled numerous attacks, so do they need new powers or are the existing ones adequate but in need of better resourcing? Should we better resource the border agency? How do we prevent people becoming radicalised through misplaced ideology or racial hatred? Unless we examine the hardest questions, we do ourselves and our communities an injustice.

This Queen’s Speech is as much about what is not in it as what is in it. The promised commitments in the Conservative Party manifesto on scrapping the pension triple-lock, the means-testing of winter fuel payments, grammar schools, even yet another promise for a further vote on fox hunting and many other commitments have bitten the dust, despite this now being a two-year Session. Were they ditched for a deal that may never be agreed? Despite the issue dominating part of the election campaign, the Government still could not find room for anything meaningful on social care, other than perhaps that it should be improved and there will be proposals at some later, unspecified date.

Finally, it seems that the spaceflight Bill has been announced again; we want to leave the EU and fly off into outer space. I do not know if this is an attempt to seek voters elsewhere, but I say to the Government that, before they head off into new worlds, they should focus on transport on planet Earth. We have the ongoing, never-ending chaos of Southern Rail and still no firm decision on a third runway.

There are some positive individual proposals in the gracious Speech, but on the whole it is undoubtedly a disappointment. Half-echoing Ted Heath’s infamous “Who governs?” when calling and losing the February 1974 general election, the Prime Minister went to the country on the dividing lines of strong and stable government or a coalition of chaos. How she must regret using those words. In calling the election, she has unfortunately weakened herself and the Government. These are troubling times for our country, with so many difficult issues needing a strong and capable Government. In such times, Governments have to rise to the challenge. Those key issues that affect, and even blight, the lives of so many of our citizens were not effectively addressed in the Speech. Should this Session last two years, the bulk of the legislation will be Brexit-related but the issues that people are worried about, such as housing, jobs, quality of life and their hopes for future generations will not be improved by the measures put before us today.

As the Official Opposition—indeed, as a Government in waiting—we will continue to maintain our constitutional role of scrutiny and challenge with responsibility, and at all times act in the best interests of our nation in the challenges we all face. I beg to move that this debate be adjourned until tomorrow.

Clerk of the Parliaments

Baroness Smith of Basildon Excerpts

Monday 24th April 2017 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, it is a pleasure to follow the noble Baroness in paying tribute to Sir David Beamish on his retirement. Despite within this House the huge experience and long service of many noble Lords and the staff of our Parliament, there will be few who can boast of having served for over 40 years. I confess that I was born in 1974 but I was not very old. It is a truly remarkable record.

As we have heard, Sir David Beamish has seen considerable change in that time. When he started his parliamentary career in 1974, the Leader of your Lordships’ House and the Lord Privy Seal was the then Labour Peer, the highly regarded Malcolm Shepherd. At that time, there were about only 30 Labour Peers, despite being the government party. Lord Shepherd was, as one might imagine, pretty keen on House of Lords reform. He argued that only those who attended regularly should be allowed to vote—I hear some supporters of that view here today.

Parliament and politics have changed considerably in the years since Sir David first stepped through the doors of Parliament as a new young clerk. The noble Baroness the Leader of the House has rightly paid tribute to the part he has played in overseeing, managing and leading change. Perhaps he took the advice of his “Mastermind” specialist subject, Nancy Astor, when she said:

“The main dangers in this life are the people who want to change everything … or nothing”.


The knowledge and experience Sir David has gained during his time here will continue to be put to good use. I welcome that, despite retiring, he will still be giving evidence to the House of Commons Select Committee on Public Administration and Constitutional Affairs on the role of an effective Second Chamber. Those of us who have already given evidence to this committee are perhaps united in describing it as a “unique” experience, and look forward to Sir David’s contribution. Perhaps being quizzed by Sir Magnus Magnusson in the “Mastermind” chair is good preparation for giving evidence to any Select Committee.

In choosing his “Mastermind” specialist subject of Nancy Astor, the first woman Member of Parliament to take her seat on being elected to the House of Commons, Sir David showed his admiration for the first female parliamentarian. I suspect and hope that he has welcomed the developments in this House that during his time here have seen the first women Leaders, Chief Whips, Opposition Leaders and Opposition Chief Whips, and indeed the first two Lord Speakers, both of whom were female.

It is clear that not only has Sir David enormous knowledge about your Lordships’ House and Parliament but also a deep affection and respect, and he has enjoyed his work. Only recently, when my noble friend Lord Foulkes posed a question following debate about the role of the Speaker, not only did Sir David reply over a weekend but he also supplied a recording of the relevant debate—from 1968. That attention and commitment to detail is recognised by the staff of the House, so much so that the word “Beamish” has now become a noun: a point of detail that would have otherwise been missed is now known as a Beamish point.

I understand that as well as updating his website on British peerages, Sir David is widely thought to be a significant editor on Wikipedia across a range of subjects and I hope that noble Lords are not nervous at the thought that we can look forward to some updating of their profiles. Despite his considerable work for your Lordships’ House, Sir David also has a significant hinterland of interests that he will undoubtedly enjoy throughout what we hope will be a long, happy and fruitful retirement. On behalf of our Labour group, I thank Sir David for his many years of service and wish him well. I know that the whole House will join with me and the noble Baroness in wishing his successor, Ed Ollard, every success in his post, and we welcome and congratulate the new Clerk Assistant, Simon Burton, and the new Reading Clerk, Jake Vaughan.

Role of the Lord Speaker

Baroness Smith of Basildon Excerpts

Thursday 30th March 2017 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, this has certainly been a very interesting debate. I also hope it will be a useful one for your Lordships’ House. We should be grateful to my noble friend Lord Grocott for giving us the opportunity to debate it today. However, this debate should not exist in a vacuum of what the Lord Speaker does. It seems from noble Lords’ comments that we are looking to ensure we have orderly, efficient business of the House, to which as many Members as possible can contribute. Management of that business needs to enable us to conduct our business as well as possible.

We need to be very clear about what has been suggested and what has not. No noble Lord—not even my noble friend Lord Foulkes—has suggested today that we replicate the House of Commons system and that the Lord Speaker should have the same powers or role in the Chamber as the Speaker in the other place. It is worth noting that we have had an elected Lord Speaker only since 2006. In the true gender equality that we see in this House, where the Leader of the Opposition and the Leader of the House are female, the current Lord Speaker is the first male to occupy the position.

The three Lord Speakers who have been elected have all willingly taken up the position, yet anyone who has witnessed the drama of the election of the House of Commons Speaker will have seen them being dragged to the Speaker’s Chair—a point alluded to by the noble Lord, Lord Cormack, although uncharacteristically inaccurately. In the past, Commons Speakers who have been seen as too partisan for the Government or the monarch have been beheaded, but it was not two who were beheaded; in fact, seven suffered that fate at the hands of the axe, and we would not want that to befall any Lord Speaker, or indeed any Commons Speaker, in the future.

I do not know why this week in particular things have felt so bad—I do not know whether other noble Lords have felt this too; perhaps it has been because we have known that this debate was coming up—but this week your Lordships’ House has at times felt extremely undignified, and I have some examples. We are supposed to be a self-regulating House but I do not know how often the noble Baroness has had to rise to her feet to intervene at Question Time. The fact is that that does not happen very often and it is normally because the House has been very bad tempered and ill behaved, and somebody has had to try to bring some order to the proceedings.

However, it seems to me that more often than not some of the self-regulation is rather bad tempered and sometimes quite rude. This week a noble Baroness on the Liberal Democrat Benches—I accept that her question was far too long, however important the issue—was told to shut up and sit down. I thought it was extremely offensive for any Member of your Lordships’ House to speak to another noble Lord in that way. When somebody speaks for too long or moves away from the Question and asks about another matter—to the disappointment of the noble Lords who wish to get in on that issue—it is rather undignified to have other noble Lords making a comment. A noble Lord who often sits where the noble Earl, Lord Attlee, is sitting now shouts out “Reading!” or “Too long!”. That is undignified and does nothing for the good standing of your Lordships’ House.

On the subject of noble Lords who speak for too long, the noble Baroness, Lady Evans, earned her spurs and the great appreciation of this House when she was a Government Whip. She smiles because she recalls the occasion. A noble Lord on the Liberal Democrat Benches, who should perhaps remain nameless, tested the patience of the House by speaking for far too long. The noble Baroness, as a relatively new Whip, jumped up and told him that he had spoken for too long and that it was time to sit down. He replied, “I’ll just finish”, to which she responded, “No, you won’t. Sit down”—in a very polite way, I should add. That earned the appreciation of noble Lords because somebody took charge when the House itself did not want to intervene.

The point is that it is not just those with the loudest voices who manage to be heard first but those with the deepest voices. My noble friend Lord Snape referred to the fact that a lot of our female colleagues find it harder to intervene than our male colleagues. Often, just the tone of the voice can make things more difficult. Unless you are under a microphone—I have one in front of me here—it can be more difficult to get in at Questions. Also, if you are on the Front Bench, you cannot see who is behind you and you just carry on regardless. You can ignore the people behind you and pretend that you cannot hear them. Therefore, there is certainly room for change.

Another point is that the Lord Speaker can see who turns up late. Sometimes a Minister who is reading or repeating a Statement does not know who is in the House at the beginning of the Statement, and someone who has not heard most of it can get in with a question, thereby disadvantaging those who have sat through the whole Statement. The House as a whole may notice but the Lord Speaker is more likely to notice that than every Member who wishes to contribute to the debate. A favourite of mine, although it is probably inappropriate today, is those who make Second Reading speeches in Committee. Many of us who take part in deliberations on a Bill will have heard many Second Reading speeches by the time we get to Committee.

We need to look at the sensible, wise, incremental proposals put forward by my noble friend Lord Grocott. It is a question not of change for change’s sake but change for the good working and good reputation of your Lordships’ House. If the noble Baroness is minded to discuss this further, I would welcome the opportunity to do so, because I am sure we can come up with proposals to satisfy those who seek change as well as those who are concerned that any change might go too far or lead to even greater change. There are sensible, incremental changes that could be made to enhance the workings and reputation of this House.

--- Later in debate ---

[Baroness Evans of Bowes Park]

As I am coming on to, that is a role for party leaderships as well, but I will come back to that in a second.

I entirely agree that Questions is an occasion that could and should be enhanced by hearing from a broader range of voices across the House. One of our great strengths is the breadth of knowledge and expertise on our Benches, and Questions presents an excellent opportunity both to highlight that and—although difficult for those of us answering them—to hold the Government of the day to account. In order to achieve this, we rely on noble Lords to exercise restraint and self-discipline. We waste valuable time for Questions when noble Lords refuse to give way, but I also think we should expect noble Lords across the House to recognise this and take responsibility for it.

The noble Lords, Lord Grocott, Lord Rooker, Lord Low, Lord Foulkes, Lord Horam and Lord Snape, and the noble Baroness, Lady Smith, all referred to the atmosphere and behaviour we sometimes see at Question Time. Words such as “intimidating”, “fractious”, “undignified” and “unfair” were all used during various contributions. I gently suggest that it is for us as individuals to consider how we behave and to become more considerate of colleagues. If this is how we view Question Time, it is surely within our gift to help to change that. I am afraid I am not totally convinced that just having the Lord Speaker preside over this is the magic bullet. We are all beholden to look at our behaviour, but I also think there is a role for the party leaders—I include myself in this—to reflect on how we might try to encourage more Peers to take part and how we can more effectively look to encourage a wider range of voices to be heard.

[Baroness Smith of Basildon]

Will the noble Baroness accept that she is perhaps speaking to the converted? It may be that those who are not here act in the slightly grumpier and less courteous manner than noble Lords who are here today and are concerned about the issue.

[Baroness Evans of Bowes Park]

I understand that but, as I said, we as Leaders have a role to think about how we might help to do this. As I have said, I am not completely convinced that just this move would change that, but I am very happy to have conversations about ways we can try to improve Question Time. I agree that it is an extremely important and valuable part of the work of the House.

As noble Lords will be aware, apart from overseeing proceedings in the Chamber, the Lord Speaker plays a key role in the Lords administration as the chairman of the House of Lords Commission. In this regard, we have seen recent reform with new governance arrangements agreed only last year on the back of the recommendations of a Leader’s Group established by my noble friend Lady Stowell of Beeston. That group’s recommendations were accepted by the House last May and have led to a refreshed and streamlined domestic committee structure and the new role of Senior Deputy Speaker, ably filled by the noble Lord, Lord McFall. The Lord Speaker is at the apex of this new structure and his partnerships with the party leaders, the Convenor of the Cross Benches and the Clerk of the Parliaments are at the heart of the decisions that direct the way the House is run.

The Lord Speaker is also ultimately responsible for security on the Lords part of the Parliamentary Estate—a responsibility that will assume only greater importance following the tragic events of last week. In this respect, he has a heavy burden to bear on our behalf and he does so with admirable grace and common sense. As my noble friend Lord Cormack and the noble Lord, Lord Haskel, recognised, he also has a very significant role representing the House on ceremonial occasions and as an ambassador at home and abroad. I entirely agree with the noble Lord, Lord Haskel, about the important role that the Lord Speaker has in our outreach work, including the excellent Peers in Schools initiative. The Lord Speaker also takes extremely seriously the reputation of this House. I entirely endorse the comments that we are very grateful to him for the way he has been leading us in this regard. I hope we will all continue to support him to do so, because this is an extremely important role and we are very lucky to have him as an advocate for us.

I thank everybody who has contributed to this important debate. As I indicated at the beginning of my remarks, I do not intend to initiate an official review of the role of the Lord Speaker. As I am sure noble Lords will understand, there are other priorities on which I believe we should be focused—to name just a few, the increased legislation this House will be scrutinising as a result of Brexit; plans for the restoration and renewal of the Palace; and, of course, the security reviews that are now under way as a result of last week’s terrible events.

Ultimately, of course, this is a matter for the House to decide, with the option to bring forward proposals to the Procedure Committee being available to each noble Lord. As I hope I have indicated, I will keep an open mind about the working practices and procedures of the House more generally, and I of course appreciate that there is always room for improvement, so I am grateful for the opportunity to hear the views of noble Lords. I look forward to further conversations on this.

Motion to Adjourn

Brexit: Triggering Article 50

Baroness Smith of Basildon Excerpts

Wednesday 29th March 2017 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness for repeating the Statement. It is now over nine months since the result of the referendum was announced and the Prime Minister has sent the letter that starts the process of our withdrawal from the European Union after a relationship of over 40 years. Just like any other divorce, there will be some who rejoice and look forward to new opportunities, but others will despair over the shared past and lost love. A few will fondly recall the marriage, divorces and remarriage of Richard Burton and Elizabeth Taylor with some hope, but, through it all, the only people to get rich were those trying to unravel those 40-plus years of relative harmony—the lawyers.

Through it all there will be one common emotion—uncertainty about the future, because the Prime Minister herself has to concede that no one can yet know what the final deal or arrangements will look like. So we now have to focus on what comes next, and what comes next is complex. While some fear for the worst, we will all work for the best. As I have said previously, the debates and negotiations cannot be left to those who have no doubt. We have to engage the talent, experience and wisdom of our whole nation together in the national interest.

Today’s letter specifies our negotiating position with the European Union. The Labour Party has set out six tests by which the Government will be judged on the final deal. They include migration, national security and crime, employment and social rights, and the need to support all regions and nations in the UK as we develop our future relationship with the remaining 27 countries in the EU. The sixth test is the Government’s own, as set out by David Davis to the House of Commons on 24 January: that on trade, the Government’s aim is to deliver,

“a comprehensive free trade agreement and a comprehensive customs agreement that will deliver the exact same benefits as we have”.—[Official Report, Commons, 24/1/17; col. 169.]

That is a pretty high bar, but it is a bar set by the Government and one that the Government will be held accountable to.

Today, I set one further test for the Government. It is not controversial and I hope that it will be willingly accepted by the Government and the noble Baroness the Leader of the House. The seventh test is the one that will set the tone for the debate, the negotiations and the mood of the nation in accepting and understanding the outcome. This test is the test of complete honesty. As the Prime Minister and her team enter into the negotiations, there will be good days and there will be difficult days; there will be days when everything seems possible and days when nothing goes right. The Prime Minister has, on many occasions, been clear about her confidence that she can and will negotiate a good deal in the interests of the UK. But there are others who are confident that any deal, or even no deal, is better than where we are now. We totally reject that. This process must not be so ideologically driven that the Government accept anything and claim it is a good deal. That is where honesty comes in. If the Prime Minister is disappointed or dissatisfied with the negotiations or the outcome of agreements, she must in the national interest be prepared to say so. If there is to be a truly meaningful vote at the end of this process, it has to be undertaken with the certainty that Parliament has the information needed to make an informed decision in the best interests of this country.

I want to raise some specifics on the Statement and the letter. On the devolved Administrations, despite the Prime Minister’s warm words that she intends to strengthen the four nations of the UK, I have to say that that is not how it feels at the moment. I have three questions on the significant increase in the decision-making powers of the devolved Administrations. What discussions have there been so far? Can the noble Baroness give an assurance on the ongoing consultation, particularly given the concerns already raised by the First Minister of Wales? Will any of these powers require primary legislation?

I am pleased that in her letter to President Tusk the Prime Minister specifically mentions Northern Ireland and the Northern Ireland border. It is right that she sets this as a priority, and I believe that the issue, if not yet the solution, is also understood by the remaining 27 European countries. However, the Prime Minister refers in the letter to it being the only land border with the UK. While that is technically correct, I remind her that we have a land border between the British Overseas Territory of Gibraltar and Spain. I appreciate that a trigger letter could never include all of our negotiating issues, but I was extremely disappointed at the omission of any reference to the people of Gibraltar and their concerns in either the Statement or the letter. The Prime Minister says that she will take into account the specific interests of every nation and region. Can the noble Baroness the Leader give this House an assurance that we will not abandon Gibraltar and that its interests will also be represented?

The commitment to seek an early agreement to guarantee the rights of EU nationals in the UK and our nationals in the remaining 27 countries is welcome. The noble Baroness will be aware of the disappointment of your Lordships’ House that our amendment to include a guarantee in legislation was rejected by the Government and the other place. The Prime Minister confirms in her letter that making this part of the negotiations is complex. I hope, therefore, that given the support of your Lordships’ House, the Government will accept the Motion in the name of my noble friend Lady Hayter, to be debated next week, that the Government should report back to Parliament before the end of this Session on progress.

I also welcome the assurance in the Statement of what the Government call the “phased process” of implementation of the new arrangements and agreements. I know that the Government do not like talking about transition and call it instead an implementation phase. I am equally happy with either. What is important here is that change is practical, workable and pragmatic and not ideologically driven towards the cliff-edge scenario. I welcome that and thank the noble Baroness and the Prime Minister for their assurances on that point.

On Euratom, I understand from the letter that the Government consider that we must come out as part of our EU exit, but given the importance of this issue, I would have liked to have seen a commitment to seeking early agreement for a new practical partnership.

I want to register concerns about the misleading language where the Prime Minister appears to connect trade and national security in her letter to President Tusk. On page 3 of the letter, she makes reference to,

“a deep and special partnership between the UK and the EU, taking in both economic and security cooperation”,

and I wholeheartedly endorse that. She then rightly points out that:

“If, however, we leave the European Union without an agreement the default position is that we would have to trade on World Trade Organisation terms”.


So far, that is clear. But the very next sentence states:

“In security terms a failure to reach agreement would mean our cooperation in the fight against crime and terrorism would be weakened”.


Because it is unclear which agreement she is referring to, the letter to President Tusk appears to state that if we cannot reach an agreement on trade, this will have an impact on security agreements. I am grateful for the reassurance and clarity from Downing Street that that was not the intention, but given the complexity and sensitivities of the negotiations that we are about to start, it is essential that there is no misunderstanding at all or lack of clarity. I suggest that, for the avoidance of doubt, in future issues such as trade and security are never linked. They are both essential in their own right and a responsible agreement on one is not dependent on the other.

Tomorrow, we wait with some anticipation the White Paper on repealing the 1972 legislation and enshrining EU legislation, in which we played our part, into UK law. However, noble Lords will have seen the comments from some on the Government Benches about this being an opportunity for deregulation or cutting so-called red tape—in other words, doing away with protections and rights for UK citizens. I seek an assurance from the noble Baroness that this is not the part of the so-called great repeal Bill and that the Government will resist any attempts to bring in such changes by the back door, thus seeking to avoid proper parliamentary scrutiny. In that she will have our support.

Finally, I welcome both the tone of the Prime Minister’s Statement and the emphasis that she has placed throughout on partnership. Only the most ideologically driven have ever suggested that this process will be easy or problem free. It will not; it will be difficult and complex. The tone of the Prime Minister’s remarks about our place in Europe may help to ease that path, but it will be important that the Government commit to being open and transparent with Parliament and the country. As we move forward, transparency, openness, engagement and honesty will be expected and will be essential.

Next week, the other Motion that we will debate, in my name, seeks to establish a Joint Committee of both Houses to work together to establish the best way to ensure that Parliament has the best information possible and the best processes to have a meaningful vote on the final agreement. I urge the Government to support this because, as the Prime Minister makes clear, we must all work together in the national interest.

[Lord Newby (LD)]

My Lords, today is for me and my colleagues an extremely sad day. It marks the point at which the UK seeks to distance itself from its nearest neighbours at a time when, in every area of public policy, logic suggests that we should be working more closely together rather than less.

But sadness is a passive emotion, and it is not the only thing that we feel. We feel a sense of anger that the Government are pursuing a brutal Brexit, which will rip us out of the single market and many other European networks from which we benefit so much. We believe that the country will be poorer, less secure and less influential as a result, and we feel that at every point, whether it be the calling of the referendum itself or the choices made on how to put its result into effect, the principal motivation in the minds of Ministers has been not what is best for the long-term interests of the country but what is best for the short-term interests of the Conservative Party.

We do not believe that the Government have the faintest clue about how they are going to achieve the goals that they set out in their White Paper last month or the Prime Minister’s Statement today, and we have no confidence in their willingness to give Parliament a proper say either as the negotiations proceed or at their conclusion. We therefore believe that, at the end of the process, only the people should have the final say on whether any deal negotiated by the Government —or no deal—is preferable to ongoing EU membership. We will strain every sinew to ensure that outcome.

In her Statement today, the Prime Minister makes a number of rather extraordinary claims. She says that she is going to build on existing workers’ rights rather than diminish them. Can the Leader of the House give just one example, or even a clue, of what that might mean and how it might be achieved? Can she also take this opportunity to repudiate the proposal by a number of leading Brexiters in recent days that the working time directive be either watered down or repealed altogether?

The Prime Minister says that the world needs the liberal democratic values of Europe more than ever. Far be it from me to claim any knowledge of liberal democratic values, but can the Leader explain how leaving the EU can do anything other than reduce Europe’s ability to project those values on the international stage?

The Prime Minister says that she will strengthen the union of the nations which comprise the United Kingdom. Given that to date the effect of the Brexit vote is to threaten the union at every point, what form do the Government expect this strengthening to take?

She says that membership of the single market will be jettisoned because it would be incompatible with the expressed will of the British people. Given that this proposition was not on the ballot paper, that it is the opposite of what was said in the Conservative Party manifesto, that many leading Brexit supporters left open or actually supported the continuation of our single market membership, and that all subsequent polling shows overwhelming support for our continued membership, on what basis is she making that assertion?

She says that Europe has a responsibility to stand up for free trade. Does she not think that the EU will find that a bit rich, coming from this country at the point when we are leaving the single market and customs union?

She says that she wants to be a committed partner of the EU, but when we are walking away from the EU because of the belief that membership of it is damaging to the country’s interests, what can commitment mean other than a shrunken and grudging relationship?

Moreover, does the Leader of the House accept that when the Prime Minister says that when she sits round the negotiating table, she will represent every person in the UK, she is mistaken? She has chosen to promote an extreme version of Brexit and one which is completely at odds with her own views of less than a year ago. In doing so, she has chosen not to speak for the many millions who voted to remain in the EU and the single market, and she certainly does not represent them or me or my colleagues on these Benches.

The Prime Minister claims that Brexit will make us stronger, fairer and better, but it will not. The Government’s approach will make us poorer, less generous and diminished as a nation. It is perfectly legitimate for the country to go down such a route, but it did not do so on 23 June last year, and the people should have the final say on whether this is the fate they really want.

London Attacks

Baroness Smith of Basildon Excerpts

Thursday 23rd March 2017 Lords Chamber

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, I want to say a few words on behalf of the House in response to yesterday’s tragic events. People from all over the world visit our capital city and this iconic building, the centre of our democracy. As is already beginning to become clear, the horror of yesterday’s events will be felt not just in this country but across the globe. We know that victims included citizens from Romania and South Korea and children from France on a school trip.

What yesterday’s rapid and effective response has shown is that the Metropolitan Police, the fire service, the ambulance service and the staff of both Houses have been well prepared for such a terrible event.

Yesterday was a shocking day for everyone who works within the Palace of Westminster, but what has shone through is the support and care that Members and staff showed for each other. I would like to thank all noble Lords for their patience and co-operation as events unfolded. All of us join together to extend our heartfelt sympathy to those who have tragically lost their lives, those who have been injured, and to their families. The thoughts of the whole country will be with them.

I am sure that all noble Lords will also want to join me in expressing our admiration and gratitude to the police and the security staff who selflessly put our safety before their own each and every day, especially those injured during yesterday’s devastating events. It is a reminder to us all of the risks they take in order to protect us and members of the public. In particular, our thoughts are with the family and friends of PC Keith Palmer. We will never forget his bravery and sacrifice.

[Baroness Smith of Basildon (Lab)]

My Lords, I endorse the Leader of the House’s comments. After the numerous meetings we had yesterday, I also thank her for the personal leadership that she has shown. I also thank the right reverend Prelate the Bishop of Leeds for leading us in Prayers today. I think all of us feel the need to join in collective recognition of what London and our country have faced.

Last night as we returned home we were very grateful—not just because of the shocking and tragic events of the day but simply because we could return home and others would never do so. As the noble Baroness said, those injured and killed on Westminster Bridge were visitors and locals of our great global city. They were just going about their everyday business and enjoying their day. For many of the survivors, life will never be the same.

Each and every day, our police and security staff come to work not knowing what challenges and risks they may face. We all hope for the best—but their training, experience and commitment prepares them for the worst. They never know when they will be called upon to protect the public and those who work in the Palace of Westminster—and, indeed, protect the very home of our parliamentary democracy and all that it represents.

In doing so, police officer Keith Palmer lost his life. Every instinct he had was to protect others. There are no words that can do justice to the sense of loss felt by his family and friends, and by everybody across the Palace of Westminster—his parliamentary family.

In the Statement that follows we can perhaps look forwards to some of the wider issues, but now our thoughts are only for those affected in any way yesterday. It is hard to express the level of gratitude and appreciation due to all of those involved in the security and care operation. We pay tribute to the police, the medical and ambulance services, those staff at St Thomas’ who ran out to help those on Westminster Bridge, the fire and rescue service, our own Westminster security staff, and all staff and members of the public who sought to support those affected by these truly shocking events. In the worst of circumstances, they have given their best.

Lives have been lost and some lives will never be the same. Friends and families will share the pain and distress, as do we.

[Lord Newby (LD)]

My Lords, I begin by associating myself with the remarks made by the Leader and the Leader of the Opposition. From these Benches, our thoughts and prayers are also with the families of those who lost their lives yesterday and our profound sympathies are with the innocent victims—members of the public who were on Westminster Bridge and also subject to this senseless attack.

I of course also pay tribute to PC Keith Palmer, who lost his life yesterday—an extremely brave man—and to all the police and security staff who do so much every day to protect all who come to Parliament to work or visit. I also pay tribute to all those from the emergency services who attended the scene yesterday and who worked with such bravery and professionalism. In particular, on behalf of my noble friend Lady Thomas of Winchester and others, I thank those who helped Members of your Lordships’ House who are disabled and who needed particular help in being taken to a place of safety. Finally, I thank the Dean of Westminster Abbey and his staff, who opened their doors as a place of sanctuary to MPs, Peers and staff.

This morning we stand together against those who want to diminish our democratic freedoms. We are an open, tolerant country and we will never let those who spread terror and fear win—and we will not let them divide us.

London Attacks

Baroness Smith of Basildon Excerpts

Thursday 23rd March 2017 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness for repeating today’s Statement. I understand that some of the words at the beginning of my previous comments were lost, so I will just repeat them. The noble Baroness and I had a number of meetings yesterday until quite late in the evening, and I add my personal thanks to her and pay tribute to the leadership she has shown.

The Prime Minister, in her words last night and as we have heard today, has I believe spoken for the nation. Yesterday showed us the best and the worst of society, the worst being those who seek to maim and murder. Yesterday’s atrocities can never be justified by any belief or cause. But we also saw the best, as the noble Baroness has said. We have paid tribute to Police Officer Keith Palmer, who was killed as he protected others. I hope we will be able to have a permanent memorial in the Palace of Westminster to him. Many others from inside this great building and across Westminster ran towards trouble to care for and give comfort to others. That is the London I know.

The full facts may not be clear for some time, but it is clear that this was a vile attack both on innocent individuals and on the institution and symbol of parliamentary democracy. As we receive more information, I have no doubt that security will be reviewed and assessed. That is right. Those who work here in the Palace of Westminster and in London and beyond, and those who seek to protect Parliament, public institutions and the public, should expect nothing less. We must do all we can to ensure the security and safety of our Members of Parliament and their staff. It is less than a year ago that I stood here after Jo Cox, our Member of Parliament for Batley and Spen, was murdered as she worked for her constituents. In seeking to protect lives, we must also seek to protect our way of life, our values and our democracy. At this stage I ask only that the noble Baroness keeps Parliament informed and engaged in this process.

Yesterday’s attack, as truly shocking as it was, ultimately failed—but at a very high price. Our determination to continue our work and our way of life is not false heroism, but based on sound values and responsibility. It is only possible because of the courage, commitment and professionalism of those such as Police Officer Keith Palmer who stand day in, day out in front of danger and evil to protect us all.

[Lord Newby (LD)]

My Lords, I too thank the noble Baroness the Leader of the House for repeating the Statement. The horrific events of yesterday were an attack not just on Parliament but on democracy. It was an attack on the values that are represented by this building and recognised across the world: freedom, openness, tolerance, human rights, mutual respect for our neighbours and the rule of law.

No doubt there will be lessons that we can learn from the events of yesterday, but we must not lose sight of the fact that the person who carried out this horrific attack was, as the noble Baroness said, prevented from entering the building and was stopped a matter of yards within its precincts. The security arrangements in place for such an attack swung into action, for which we thank our security staff and of course PC Keith Palmer in particular.

I hope that, as we move forward from yesterday’s events, we maintain the sense that Parliament is an open place which the public can visit to lobby parliamentarians and to see our democratic processes in action. But we must listen to the individual experiences of Members and staff to determine where improvements can be made.

I welcome the statement by the Lord Speaker that the House of Lords Commission will be considering these matters next week. No doubt individual Members will have views of their own. I, for example, would like us to look again at the long-standing proposals to pedestrianise some of the streets around this place. However, there are many other sensible suggestions that we need to look at tomorrow.

I have only one question for the noble Baroness the Leader of the House. We do not know at this stage the extent to which this particular incident was entirely home-grown, but we do know that terrorism is an international business. I hope she can give the House an assurance that as we move forward in the months and years ahead, the Government will do everything they can to ensure that our strong and growing security links with our closest neighbours across Europe are maintained and strengthened.

I hope that today, as we condemn this senseless violence, that condemnation will be expressed by both faith and secular communities across the country, for the greatest tribute we can give to those who have lost their lives is to come together as a country and uphold our way of life and democracy.

European Council

Baroness Smith of Basildon Excerpts

Tuesday 14th March 2017 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I listened carefully to the Leader of the House repeating the Statement, and I am grateful to her for doing so. It must have been a strange meeting because there really was an elephant in the room. The one thing we most need to talk about with our European partners is what everybody else sitting round that table is thinking about but nobody is talking about—Brexit. I welcome the issues that were discussed, but the longer-term implications for all of these will naturally be different for the UK and it would be helpful to know whether at any stage during this informal summit acknowledgement was made of the different position of the UK, given the long-term nature of some of the plans being made.

The Statement says that, in all the items that were discussed,

“we were able to show once again how Britain will continue to play a leading role in Europe, long after we have left the European Union”.

That is certainly welcome, and it is that vision of a post-Brexit UK that we have all been waiting to hear more details about. We have heard aspirations and we have had general statements, but how it will be achieved has been missing. Given that the Prime Minister was able to show the summit how this will be achieved, is the Leader able to share this information with your Lordships’ House today? Perhaps she could follow up with a Written Statement to Parliament so that we can have the same information as was made available to the European summit.

The summit also discussed organised crime, which does not feature in the Prime Minister’s Statement, apart from a brief reference. Clearly, EU-wide co-operation on serious and organised crime and terrorism has been, and remains, essential. It is an issue on which the UK has taken a lead. The Minister will understand that any reduction in the capacity to tackle these issues, or in the level of co-operation, engagement and information sharing, would damage the interests of the UK, and indeed of the EU.

Given that part of the discussion of security and defence at the summit was on future legislative work, can the Minister say how far we will engage with such legislation, and whether, as a parallel process, the implications for UK legislation will also be examined? Can she also confirm that, following the great repeal Bill, primary legislation will be needed on these issues? Furthermore, in respect of information sharing, have any representations been made, or concerns expressed, by our own security and policing organisations about the implications of our leaving the EU?

Yesterday during Questions, the noble Lords, Lord Harris of Haringey and Lord Rosser, raised serious concerns about the Government’s failure to provide full information on illegal weapons imported into this country. I know that that information is available. Can the Minister say whether it is being shared across the EU with other police forces and security organisations?

I welcome the Prime Minister’s reassurance to the EU about our commitment to NATO. She also discussed this issue with President Trump, and indeed her comments to the summit about other countries investing more echo the comments that he made at the press conference he held with the Prime Minister. Given that the Prime Minister and President Trump appear to think alike on this point—and we agree that all members should commit to 2% of GDP on defence—can the Minister nevertheless confirm that our commitment to NATO is absolute?

In relation to growth and competitiveness, the Prime Minister called for,

“further steps to complete the single market and the digital single market”.

That was said without any sense of irony, but is the Prime Minister really pressing the EU on the single market that she is intent on withdrawing from? More out of interest than anything, I ask: what was the response from the summit?

The Statement also refers to the EU’s free trade agreement with Canada, and the Prime Minister pressed for an agreement with Japan, because,

“these agreements will also lay the foundation for our continuing trading relationship with these countries as we leave the EU”.

Can I ask how? We will have to negotiate our own trade agreements and, given that the Prime Minister has indicated that she wants to take us out of the customs union, surely it follows that we will lose access to all trade agreements negotiated by the EU.

Finally, we get to Article 50 and Brexit. In the Statement, the Prime Minister confirms her long-held date of the end of March for triggering Article 50. I would have hoped, however, that the Prime Minister would have taken this opportunity—her first Statement to Parliament following parliamentary acceptance of the Bill—to say something a little more meaningful, possibly even to confirm her personal commitment on EU and UK nationals living across Europe and on Parliament’s role in the process. We thought that there was a good case for the amendments on these points and that the outcome was the result of stubbornness on the part of the Prime Minister, who wanted a clean Bill. A Statement today, or something in this Statement, would have been extremely helpful and welcome.

The Statement also refers to us taking back control of our borders. Can the noble Baroness confirm that this will require legislation, and confirm the Prime Minister’s commitment to maintain the soft land border with the Republic of Ireland?

The time for broad sweeping statements has gone. It is time for the detail. Words in the Statement, therefore, that offer a “strong, self-governing global Britain”, “control over our borders”, a “stronger economy”, a “fairer society”, a “better deal” and a “brighter future” are meaningless: without some flesh on the bones, they are just words.

Furthermore, a lecture on not playing politics or creating uncertainty is misjudged. There is uncertainty here and now—across the whole of Europe—about the position of EU nationals, UK nationals, business and the environment, and the uncertainty is growing. We have now heard demands for a second referendum in Scotland and calls for an Irish border poll. The Government must act to reduce uncertainty and provide some certainty. I press the Prime Minister for detail not from any party-political motive but out of a need for her to do all she can to remove that uncertainty.

[Lord Newby (LD)]

My Lords, like the noble Baroness, Lady Smith, I was struck by the Prime Minister’s claim that she was,

“able to show once again how Britain will continue to play a leading role in Europe, long after we have left the European Union”.

The Statement sets out the roles we play at present in a number of areas but I wonder how these roles will be maintained in the years to come. For example, if we are,

“providing additional staff to support interviewing of Iraqi, Afghan and Eritrean nationals”,

in Greece, do the Government envisage that we will play this sort of role beyond Brexit? The Prime Minister then said that,

“we need a better overall approach to managing economic migration”.

In which form does she envisage that such an overall approach will be co-ordinated involving the United Kingdom?

On the western Balkans, the Prime Minister said:

“We will provide strategic communications expertise to the EU institutions to counter disinformation campaigns”.


This is very welcome but how does the noble Baroness, Lady Evans, envisage that we might provide that kind of support, vital as the Government claim it is, once we have left the European Union?

Turning to growth and competitiveness, the Statement says that the Prime Minister wants us,

“to build a new relationship … that will give our companies the maximum freedom to trade with and operate in the European market”.

That is of course welcome but outside the single market and the customs union it is impossible to have the maximum freedom to trade, so how do the Government marry that welcome assertion with their actual actions? The Statement goes on, as the noble Baroness, Lady Smith, pointed out, with the Prime Minister rather patronisingly calling,

“for further steps to complete the single market and the digital single market”,

at the very moment when we say that it is such a costly thing for the United Kingdom to be a member of the single market that we are leaving it. Was that well received? Did they think, “Yes, the Prime Minister really has a consistency of approach on that”?

The Statement mentions strengthening our trade relationship with the Commonwealth. Does the noble Baroness, Lady Evans, accept that our trade with the Commonwealth amounts to 9% of our total trade, compared to 44% of our total trade being with the EU? Does she believe that the scope for increased trade with the Commonwealth will be greater than the threat of reduced trade with the EU outside the single market?

On triggering Article 50, the Prime Minister said that,

“we will use this moment of opportunity to build a stronger economy and a fairer society”.

Those are very familiar words on these Benches:

“A Stronger Economy and a Fairer Society”,


was indeed the Liberal Democrat general election slogan. While imitation is the sincerest form of flattery, I jolly well hope that the Government have more success with it than we did.

But a stronger economy and fairer society is impossible to achieve outside the European Union. There is no significant body of opinion, beyond one or two noble Lords opposite, which believes that we will have a stronger economy. If we do not have a stronger economy, we will not have as strong public finances, and without public finances being as strong, it is frankly impossible for the state to promote the kind of fairer society of which the Government, and in particular the Prime Minister, speak so often.

Finally, the Statement says that,

“this is not a moment to play politics or create uncertainty and division. It is a moment to bring our country together”.

I wonder whether the Prime Minister, or indeed the noble Baroness the Leader of the House, has tested that sentiment on the 3 million EU citizens living in the UK and their families.

Death of a Former Member: Lord Waddington

Baroness Smith of Basildon Excerpts

Monday 27th February 2017 Lords Chamber

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, it is my sad duty to report to the House the death of my noble friend Lord Waddington. Lord Waddington was one of the leading political figures of his generation. He arrived in this House as its Leader in 1990. By then, he had already had a long and distinguished record of service both as an MP and, at the highest levels of government, as Chief Whip in the House of Commons and then as Mrs Thatcher’s last Home Secretary. After his time as Leader of this House, he continued to serve his country as Governor of Bermuda.

On this day last week, many noble Lords may have had occasion to think of Lord Waddington. His maiden speech as Leader of this House was the last occasion on which the Prime Minister—then Sir John Major—sat on the steps of the Throne. That fact only hints at the legacy left by a great parliamentarian—a man who never abandoned his Lancastrian roots, retaining always a directness of approach, clarity of thought and plainness of speech which enabled him to cut through political complexity with enviable success; many of us wish we had that skill. His service to this House following his period as leader continued to show him at his best: a man of principle and grit; a tenacious and committed servant to the British public who effected real change, leading the charge from the Back Benches on major legislation such as the Criminal Justice and Immigration Bill, to which he carried an amendment in 2008; a man who always thought of others before himself. It was typical of Lord Waddington that in 2015, he was one of the first Members to retire under the House of Lords Reform Act 2014.

At this sad time, we send the good wishes of the House and these Benches to his wife Gilly, to whom he was a devoted husband, and their children and grandchildren. We can only share in their sense of loss, but we can also take this moment to reflect on a career and a life of outstanding public service. Lord Waddington set a standard of dedication and integrity to which we can all aspire, and he will be missed by us all.

[Baroness Smith of Basildon (Lab)]

My Lords as we have heard, Lord Waddington had a long and distinguished career as a lawyer, a politician, Governor of Bermuda and indeed Leader of this House and Lord Privy Seal. Many in your Lordships’ House today will know him well from his service in the other place as an elected MP and a government Minister, and will know that he was a man of strong conviction. I think he would have relished the description I read of him yesterday as being a no-nonsense politician.

Despite his very strong loyalty to Margaret Thatcher and his long and distinguished service as a Minister, he was surprised to find himself appointed Home Secretary, having himself recommended our Lord Speaker, the noble Lord, Lord Fowler, for the position. I was surprised to find that we had something quite unusual in common: as the noble Baroness said, in his case it was during his maiden speech in this House that the then Prime Minister, John Major, listened from the Throne steps.

Like many noble Lords, Lord Waddington’s dedication to and affection for his constituency, Ribble Valley, continued long after his elevation to your Lordships’ House. There is no doubt that he missed being its MP, given his deep commitment. In some ways he wrote his own obituary when, in an interview in The House magazine some years ago, he said with disarming self-deprecation—I think he was having a joke:

“I would like to be remembered as a decent local buffer who wasn’t all that clever, but in his own way tried to do his best”.


What more can any of us ask than that we try to do our best? On behalf of these Benches I offer sincere condolences to his wife Gilly, his family, his colleagues and his friends.

[Lord Newby (LD)]

My Lords, unlike many Members of your Lordships’ House I did not know David Waddington personally, although I recall a number of notable speeches that he made from the Benches opposite during my time in the House. It is fair to say he was not one of life’s natural Liberal Democrats, but my colleagues cheered when, as Home Secretary, he referred the case of the Birmingham Six to the Court of Appeal, where of course their convictions were eventually quashed.

The only thing I can really claim to have in common with Lord Waddington is that, like me, he was a proud northerner. He could not help being a Lancastrian but he certainly made the most of it and, as others have said, was plain-speaking and had the characteristics of straightforward behaviour that northerners like to think they share. It is typical of Lord Waddington that he is having his memorial service in Clitheroe rather than across the road; that says a lot about where his priorities lay, and those of his family. Like other noble Lords who have spoken, I wish to pass on our good wishes and condolences to Lord Waddington’s wife and family.

European Union (Notification of Withdrawal) Bill

Baroness Smith of Basildon Excerpts

Monday 20th February 2017 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness for her opening comments. As she was hunting for the noble Lord, Lord Boswell, in the sea of faces today, it struck me how pleasing it is to see such a full House on the first Monday back after recess, and we extend a welcome not just to all noble Lords who are in their place but to distinguished guests visiting from the other place. All of us will be spending a lot of time together over the coming days and weeks, and I thank my noble friend Lady Hayter for volunteering to wind up for our Benches tomorrow evening.

Last year on 23 June, this country held an historic referendum with a straightforward, direct question: “Should the UK remain a member of the European Union, or leave the European Union?”. It required a straightforward, direct answer: a single cross in either the remain box or the leave box. The result of that referendum, although hardly overwhelming, was clear in favour of leaving the EU, but although the question was simple and straightforward, the simplicity ended there. For those charged with implementing the decision, it has been anything but. It led to the resignation of a Prime Minister who had promised that whatever the result he would stay and see it through, it led to the Government going to court to avoid seeking parliamentary approval on an issue that was supposed to be about sovereignty, and it exposed the lack of preparation for a leave vote.

That lack of government planning has created a vacuum in which uncertainty has thrived. “Brexit means Brexit” was perhaps the most unwise of all statements following the referendum—it just served to highlight that void. Until the two years of negotiation have ended, and until the pompously, and hopefully inaccurately, named “great” repeal Bill and consequent legislation have been completed, none of us knows what Brexit will look like, and that has created and fuelled uncertainty for businesses, universities, science, and environmentalists and, worryingly, for EU citizens living and working in the UK and UK citizens living and working in other EU countries. It has become obvious that no thought had been given to our citizens in Gibraltar or to the implications for Northern Ireland and the Good Friday agreement.

A recent report identified 1957 as the happiest year of the last century. It was a good year. It was the year that my mum and dad met, and I followed soon after. Why was it the happiest year? It was not just because of that. It was a time of low wages and poor housing and we had not yet had the benefit of the social and reforming legislation of the 1960s and 1970s, but it was a time of optimism. Few of our young people today—the millennials, as they are often termed—will talk with such optimism for the future, faced as they are with job and housing insecurity and a world that seems to be becoming increasingly more dangerous. Obviously, not all of that anxiety is a knock-on effect of the referendum, and membership of the EU would not solve all our problems, any more than it caused them. But 1957, with the horrors of the war years fading, was also a time of hope with a brighter future ahead, and let us not forget that in that same year, 60 years ago, part of that optimism led to the treaty of Rome.

While accepting that today’s EU is wider in shape and influence than the earlier models, we should acknowledge the vision of those men and women who wanted to see countries across the European continent knowing and understanding each other and at peace with one another. With so much of the debate around Brexit being about business and the economy, we should take care never to lose sight of that vision, and we should never take peace for granted. We still have battles to fight, even though wars are not fought between European countries. We have battles to fight in tackling serious and organised crime, terrorism, money laundering, drugs, child abuse and people trafficking, so we must continue working together across borders on these issues and on security, where we have taken a leading role in the European Union. The fact that around 190 speakers have signed up to speak today and tomorrow shows not just the depth of feeling on this issue but the expertise that is available here in your Lordships’ House. I hope the Government will make use of that, and I welcome the noble Baroness’s comments on that in her speech.

Many on both sides of this issue are angry and worried. Like many other noble Lords, I have received numerous emails. Some want us to block Brexit, while others consider any debate and discussion, or any amendments we may pass, as a constitutional outrage. Much of the work of this House is undertaken away from the public gaze, and even those with an interest in Parliament will be more familiar with the work of the elected Chamber. With some of the ill-informed reports and comments, and when certain newspapers call judges, “Enemies of the People”, we should not be surprised that our role is often misunderstood, and that some exaggerated and inaccurate outrage has been hurled at your Lordships. But we should be surprised and angry with those who should know better. MPs, even Peers from your Lordships’ House and an anonymous “government source” have threatened this House with 600 or 1,000 extra Conservative Peers to get this legislation through, or with abolition. I had to point out to one Conservative MP that it would take around two years to get 1,000 new Peers, which might be a little too late for this Bill.

We will not be threatened into not fulfilling our normal constitutional role—neither will we be goaded into acting irresponsibly. We have to have a serious and a responsible debate, and in doing so, if we ask the House of Commons to look again at an issue, it is not a constitutional outrage but a constitutional responsibility. It is the House of Commons that will, as always and quite rightly, have the final say. So let us be very clear. As I have said so many times before, in your Lordships’ House and publicly, we will not block, wreck or sabotage the legislation before us. Whatever our personal views, disappointments and genuine concerns for the future, that is not the role of this House. However, as I have also said, neither should we provide the Government with a blank cheque. It would be irresponsible to merrily wave the Government off to negotiate our future without parliamentary engagement or accountability, and merely ask them to return two years later with a deal. If sovereignty is to mean anything, it has to mean parliamentary responsibility.

This legislation is the first stage of a process by which the Prime Minister can invoke Article 50 to start negotiations to leave the European Union, and will lead to the so- called great repeal Bill, by which we will start to bring provisions derived from EU law into UK law. We will treat this Bill appropriately, and as seriously as we do all primary legislation. As evidenced from the amendments already tabled, we will seek improvements, encourage ministers to make reasonable changes and possibly—just possibly—ask our colleagues in the other place to reconsider on specific issues. That is not delaying the process, it is part of the process and has no impact on the Government’s self-imposed deadline. We will work, as we always do, with others across your Lordships’ House, including noble Lords on the government Benches.

As we have already seen from the excellent Lords Select Committee reports, many of the issues to be addressed are complicated. They are complex and require wisdom, experience, thoughtful strategy and serious negotiation. Whether it is the issue of the Irish border or trade policy, of our fishing industry or of fighting crime and remaining at the forefront of dealing with security issues, this is not going to be easy.

The Bill is very specific and about process rather than outcomes. But process is important. Both those who advocated this path and those charged with implementing the outcome bear a heavy responsibility. Our negotiating teams will need the best possible support. They will need to scrutinise. They will need to challenge. The motivation to get the best possible deal will be driven by understanding the complexities involved, not a glib confidence that it is all going to be fine. The process of Brexit cannot be run solely by those who have no doubt. It has to engage those who fear the worst and will work for the best. After the division of the referendum, the Prime Minister has to make this a Brexit not just for the 52% but one that is also understood by the 48%. We should also consider those who at 16 and 17 were denied the opportunity to vote on their future.

Ministers frequently state how the scrutiny, challenge and revision function of this House improves legislation. That is our sole purpose. Our amendments are guided by key principles and have been drafted after reflecting on the debates in the other place and comments made by Ministers. They include parliamentary engagement to ensure that the UK Parliament is not less engaged or less informed than the European Parliament or other national parliaments; a meaningful vote on negotiations; immediately protecting EU citizens living in the UK; and our commitment to the Good Friday or Belfast agreement, which has helped to secure peace and a soft border with our nearest European neighbour, the Irish Republic. When the Bill was agreed by the House of Commons, it was after Government commitments on some of those issues, as helpfully indicated by the noble Baroness the Lord Privy Seal, so would it not be helpful if they were written into the Bill itself?

Parallel to the negotiating process as we debate the great repeal Bill and subsequent legislation, we will do our utmost to ensure that ministerial promises not to dilute employment and social rights or environmental and consumer protections are kept, and that bringing these issues into UK legislation is about sovereignty, not weakening legislation. As we have already heard, the ongoing work of our EU Select Committees will be of significant value to the Government throughout and beyond the Brexit process. I am pleased that the noble Baroness the Lord Privy Seal and the noble Lord, Lord Bridges, have recognised that today.

Given that the Prime Minister is playing catch-up on Brexit, with her Government distracting themselves and Parliament with a challenge to the court ruling and dithering over the White Paper, we now need a more mature approach. This is a defining moment for our country. There must be some acknowledgment from the Government that this process is not just about the legislation before us and where it leads but about the need to craft a new vision for our role in the world that is realisable and sustainable, brings our country together and gives hope and optimism to our young people and the generations to come. Our scrutiny of this process over the coming months and years will hold to that vision.

Informal European Council

Baroness Smith of Basildon Excerpts

Monday 6th February 2017 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness for repeating the Statement today and concur with her congratulations to Her Majesty the Queen on her 65th anniversary as the nation’s monarch. I hope that Her Majesty is able to commemorate the event in some way, but I suspect for her that this is an anniversary also tinged with sadness at the loss of her father. He endeared himself to the nation, and his early death was a terrible shock. She had not expected to be Queen at such a young age. That was at a time of great change in the world, which is also the case today. It was also a time when, following the war, there were many refugees across Europe. Here we are, 65 years later, and with yet another European summit discussing how to prevent further refugees and mass migration, this time from the Middle East and north Africa.

The Statement talks about the pull factors that lead to people seeking safety and a better life away from their homes. We should always keep in our mind the desperation that leads people to risk their lives and those of their families in leaving their homeland, often leaving behind all their possessions, other family and friends, and often paying large amounts to criminals. In looking at the push factors too, can I ask the noble Baroness about the EU external investment plan? The Statement refers to creating more opportunities in migrants’ home countries. Can she expand on that? I am not sure of the details at all. Is it limited to economy and employment opportunities or is it more linked to security? It would be helpful to have some more information and also to know how it is going to be implemented and monitored, and how success will be measured.

Can the noble Baroness say more about the conversations the Prime Minister had with President Trump when she was at the White House? She said she was able to relay the conversations that she had with the President on the relationship between the USA and European countries. I think we are all quite interested in that conversation and would be interested to hear more. The Prime Minister’s assurance that the President had declared his 100% support from NATO was particularly welcome, but we have not yet heard it from his own lips—or, perhaps more importantly, from his own Twitter account. What was the response from her European colleagues on this point?

The Minister had a number of side meetings but apparently not with the German Chancellor Angela Merkel, as they were able to discuss their issues informally in the margins outside the arranged meetings. Those all-important private discussions can be very productive in building relationships and being frank and open with European leaders, so it makes the situation even more difficult that the Prime Minister then had to pack her bags and leave while the remaining 27 countries further considered other issues relating to the EU that we cannot be part of. What plans do the Government have to ensure that we do not lose out by not being at the table, not just for the formal parts of the meeting where they are discussing the EU post Brexit but for those informal discussions that lead to trust and develop the relationships that will be all-important as we move forward?

Malta has been a close and important ally of the UK over many years; it is the only instance of an entire country being awarded the George Cross. Obviously it is important that we maintain what we would call that “special relationship”, so what are the Government’s plans to ensure that that relationship continues post Brexit? The Prime Minister met the Prime Minister of Spain. Did she discuss Gibraltar, and had she met the Gibraltarian First Minister before she was able to raise any such issues with the Spanish Prime Minister?

On the issue of EU citizens, I do not think today’s Statement gives anything like the reassurance they require so that they can continue with their lives, their jobs, their homes and their families in this country. It is in the Prime Minister’s gift to say so. Even UKIP said so on television yesterday, so why the Prime Minister cannot make such a commitment I have no idea. It is about time we heard something stronger from the Prime Minister on this issue.

The section in the Statement regarding Brexit says the European leaders,

“warmly welcomed our ambition to build a new partnership between Britain and the European Union that is in the interests of both sides. They also welcomed the recognition that we in Britain want to see a strong and successful European Union”.

I hope that is not an overoptimistic view. We have some tough negotiations ahead in which we have to get the best possible deal that we can in the interests of the UK and UK citizens. If there is any complacency at all that these negotiations are going to be easy, I do not see how we can get the best deal. I hope the noble Baroness can assure me that this is not an overoptimistic view and that there is awareness of the difficult discussions and negotiations that are going to take place.

On the last part of the Statement, I am sure I am not the only one in your Lordships’ House who is getting tired of the Government going on and on about not “obstructing”—I think that is the latest phrase—“the democratically expressed wishes of the British people”. I do not know how many times this has to be said about blocking, obstructing, wrecking or whatever is the latest word the Prime Minister has found in her thesaurus. I say to the noble Baroness that asking questions and making suggestions for amendment is not blocking, obstructing or wrecking; it is called parliamentary democracy. That should be welcomed by the Government because that is the way in which we will get the best deal, not just by accusing people who ask questions of blocking. I do not know why those who are in charge of the negotiations are so frightened of questions, because time and again we hear that only by questioning and scrutiny do we get better legislation, and that is all this House would ever seek to do.

[Lord Newby (LD)]

My Lords, I join the Prime Minister and the Leader of the House by congratulating the Queen on her Sapphire Jubilee—a truly remarkable achievement.

With every passing Council meeting, we see the influence of Great Britain and the Prime Minister diminishing. In October, she made a five-minute speech at 1 o’clock in the morning. In December she was pictured standing alone, desperately looking for someone to talk to. This time, she was rebuffed as she offered to act as a bridge between Europe and the USA. One does not need to be an engineer to know that, to be sustainable, a bridge needs firm foundations on both sides of the stream. At the moment the UK is demolishing one set of foundations—namely, those on the European side of the stream—and therefore is it surprising that countries within the EU, from the largest to the smallest, have treated with almost total disdain the Prime Minister’s suggestion that, in our new semi-detached state, we might act as a bridge?

One of the more useful parts of the Prime Minister’s visit to Malta might have been the formal meeting on her agenda with the Chancellor of Germany. Could the Leader of the House explain why that formal meeting was cancelled? Admittedly, the two of them did chat briefly while walking down the street, but frankly that does not constitute a sensible degree of conversation with the most important of our EU partners. Will the noble Baroness say what plans the Prime Minister has to have a substantive discussion with Angela Merkel, to make good the fact that they had very little time, while walking down the street on a sunny day in Valletta, to talk about anything of great substance? This was an extremely short visit by the Prime Minister. As at previous Council meetings, she had to leave after the pudding and probably even before the coffee was served. Not surprisingly, perhaps, she was not present as the other leaders of the EU discussed how they might make preparations for the 60th anniversary of the Treaty of Rome. Will the Leader of the House say whether she expects the UK Government to be represented at those celebrations when they eventually take place and, if so, by whom?

The most substantive part of the discussions in Malta were about migration from Libya. We welcome the fact that it was possible to make progress, and the Prime Minister takes great satisfaction from the fact that she played a significant part in those negotiations. May I echo the question asked by the noble Baroness, Lady Smith, about how the Government expect to play such an important, useful part in future, when they are not even at the table at which those discussions take place? Of course, the vast bulk of the refugees from Libya is going to Italy. We have discussed before in your Lordships’ House the extent to which her Majesty’s Government are making good their commitment under the Dubs amendment to bring child refugees who find themselves in Italy to the UK. I apologise if I have got the figure wrong, but I think that when it was last discussed the Government said one person from the Home Office had been sent to Italy to help in that process. Will the noble Baroness confirm whether that is indeed the case, whether she thinks that to be an adequate response to this humanitarian crisis, and how many children have come to the UK from Italy under the provisions of the Dubs amendment?

Finally, on Brexit and the vexed question of acquired rights, many people in the country just do not understand the Government’s attitude in denying EU citizens living in the UK the knowledge that they will be able to remain post Brexit. The Government seem to be unaware of the crisis that is developing as a result of this policy. Those who saw the BBC news in London will have seen what is happening to the recruitment of EU staff in hospitals in London. Again, I will be corrected if I am wrong, but I think that the figure given of the number of nurses coming to London hospitals has, since last year, fallen by approximately 90% That is an extraordinarily worrying phenomenon, given that we are far from meeting the staffing requirements that the NHS has set itself, and it is by no means clear where else the Government expect those nursing numbers to be made up.

One reason why people are unwilling to come at the moment is that they feel that the attitude of the Government in respect of existing EU citizens gives them no confidence that they will be welcome. Another is that they have no sense of how the rules are going to operate in future. So while the Government have many things about which they do not want to give a detailed account, could they say how they intend to approach the question of migration from the EU of people whose skills we need—whether they are the brightest and the best, at a very high skill level, whether they are medium-skilled people or whether they are the kind of people whom we will require in future to enable our agricultural, horticultural and hospitality sectors to survive and prosper?