Afghanistan

Baroness Smith of Newnham Excerpts

Wednesday 18th August 2021 Lords Chamber

[Baroness Smith of Newnham (LD)]

My Lords, like the noble and learned Lord, Lord Judge, I do not think that today is the day for recriminations. The time for reckoning, as the noble Lord, Lord Hain, has talked about, should come later, at a time when, I trust, there will be a full inquiry into British activity with our NATO partners in Afghanistan. Today is the time to think about urgent action.

In the last few days, the situation in Afghanistan has seen the clocks go back 20 years or, for women, several centuries. Women and girls are now in a profoundly vulnerable situation—not just the judges, about whom we heard so movingly and effectively from the noble and learned Lord, Lord Judge, but the wives and daughters of those who have worked with NATO forces or with NGOs. It is absolutely vital that we urgently find a way of getting out as many people as possible.

We have heard today the suggestion of 20,000 refugees. That is great, but only 5,000 this year is woefully inadequate. We have, apparently, already brought in 3,000 interpreters and their families. What can the Government tell us about all the other people who need to get out of Afghanistan and brought over as a matter of urgency? This is not just interpreters but the cleaners, catering staff and others who worked for the Army and in the embassy—locally engaged staff who were sometimes employed directly by the embassy, sometimes not. The provisions in place are for those who were employed but, occasionally, people lost their jobs perhaps because they had smoked cannabis. Government Ministers do not necessarily lose their jobs when they admit to having taken drugs; surely these people should be given every opportunity to leave Afghanistan.

Can the Minister tell us, in responding, what contact the FCDO has had with interpreters who are still in Afghanistan and what offers have been given in recent days to people who maybe do not have passports? Surely there is a need for the Government and Home Office to understand that some of the people we need to bring out of Afghanistan will need to come without the normal paperwork. Our ambassador is doing a fantastic job, as I understand it, in making sure that paperwork is expedited, but we need to ensure that people are not being kept back because of issues to do with petty bureaucracy.

Does the FCDO have any idea of the number of people who are vulnerable because they have worked for the UK and our allies? Is it working on a figure of far more than 5,000 people? The numbers are not sufficient. The RAF is doing a fantastic job at the moment, but can we assume that those numbers of maybe 1,000 people a day can go on at least until the end of August and that we will deal with the debt that we owe to people who have serviced our service men and women? In concluding, I of course pay tribute to our service men and women for everything that they have done. It was not in vain because, for 20 years, we gave the people of Afghanistan hope.

House of Lords: Remote Participation and Hybrid Sittings

Baroness Smith of Newnham Excerpts

Thursday 20th May 2021 Lords Chamber

[Baroness Smith of Newnham (LD)]

My Lords, earlier in the debate it was suggested by the noble Lord, Lord Knight of Weymouth, that we are all on a spectrum of some sort. Nobody has quite said that we should go back overnight to exactly the way Parliament was before March 2020, although the noble Lord, Lord Forsyth, came close to it. Nobody has entirely said that we should be wholly hybrid and, as far as possible, not be present in person in your Lordships’ House. I fall quite a long way along the spectrum towards the speech and Motion of the noble Lord, Lord Cormack. In an ideal world, we should all be back in person on 21 June, without social distancing and without hybridity; this is my personal view. It is noticeable that the Whips on the Liberal Democrat side decided to put me in a graveyard slot this afternoon. Presumably, they thought that I would say something dangerous and controversial.

However much I should like to say that we must get back to being here in person, it is also important to bear in mind that some Members are not able to do so at present, as my noble friend Lady Brinton pointed out. This does not mean that they are not working, nor that they have no value. It does not mean that they should take leave of absence. We need to find a mechanism that allows those Members who physically cannot be here at present to participate, but this must be the exception. Those of us for whom it is simply more comfortable and convenient to stay at, and work from, home need to stop and think again about the purpose of this Chamber.

The noble Baroness, Lady Finlay, pointed out that form followed function in the hybrid proceedings. That was all very well but, at various times, it has felt as if the broadcasters have been in control. We have been told that things cannot happen because it does not suit or is not possible for the broadcasters. We should not make rules that are for the convenience of us as Members. We should make rules that are for the good governance of this country, to enable Parliament to do its duty and for us all to hold the Government to account and scrutinise.

Like many noble Lords, I do not feel that this Chamber has been able to do its job adequately during the last year. The staff and Members have all done a great job, as have the Zoom people who emailed to remind me what a great job they have been doing. That flexibility has been important but to hold Ministers to account, we need to be able to see and make eye contact with them across the Chamber. The noble Earl, Lord Howe, has just looked up at me; had I been speaking remotely, I would have had no idea if he had looked up or not.

To do our jobs, it is crucial that we are able to interact and we cannot do this effectively via a Zoom screen. We should move back to in-person meetings of the Chamber as soon as possible, with the caveat that those who are unable to attend will have some sort of mechanism to enable them to participate, but this should be the exception. The noble Lords, Lord Kakkar and Lord Hannan, pointed out that the Writ of Summons requires us to be here. It was noticeable that Her Majesty the Queen was herself here present last week. If she, at 95, can be here, so can we—and we should be.

My call would be that this House needs to take back control. We should not let the Procedure Committee decide on interventions. We should be able to decide when we intervene on Ministers or in debate. We need to return to ensuring that we are scrutinising and doing our duty. In doing so, I hope we can ensure that the Government do their job effectively as well.

[The Senior Deputy Speaker (Lord Gardiner of Kimble) (Non-Afl)]

The noble Lord, Lord Curry of Kirkharle, has withdrawn, so I call the noble Lord, Lord Brooke of Alverthorpe.

Integrated Review

Baroness Smith of Newnham Excerpts

Wednesday 17th March 2021 Lords Chamber

[Baroness Evans of Bowes Park (Con)]

As I said, we remain fully compliant with the non-proliferation treaty and deeply committed to our collective goal of a world without nuclear weapons. But we also remain committed to maintaining the minimum destructive power needed to guarantee that the UK’s nuclear deterrent remains credible and effective against the full range of state nuclear threats from any direction.

[Baroness Smith of Newnham (LD) [V]]

My Lords, when the defence expenditure increase was announced, I welcomed it from these Benches. It never occurred to me that the increase in defence expenditure was in order to have more nuclear warheads. The noble Lord, Lord West, has already pointed out that this is problematic. Can the noble Baroness explain to the House how it would be in line with Article VI of the non-proliferation treaty? Surely by increasing our nuclear holdings we are not doing anything to help nuclear disarmament.

[Baroness Evans of Bowes Park (Con)]

As I said, the review details our intent to increase the limit of our overall nuclear weapons stockpile. It is a ceiling, not a target. As I have also said, we remain fully compliant with the non-proliferation treaty.

Integrated Review

Baroness Smith of Newnham Excerpts

Monday 23rd November 2020 Lords Chamber

[Baroness Smith of Newnham (LD) [V]]

My Lords, I suspect that the Prime Minister’s Statement divides Peers, MPs and everybody else, to an extent, into those of us who speak on defence issues and those concerned about wider issues. Therefore, while I obviously welcome what the Statement said on defence expenditure, like other Peers, I ask the Minister what has happened to the 0.7% legal commitment to development aid. In the defence sphere, the Prime Minister talked about a

“once-in-a-generation modernisation”

programme and how we are going to get away from the “vicious circle” of

“squandering billions along the way.”—[Official Report, Commons, 19/11/20; col. 488.]

Given that the cart has come before the horse—the expenditure has been flagged up before the integrated review is complete—could the Minister explain to us how the Government intend to avoid “squandering billions” and how they will improve defence procurement?

[Baroness Evans of Bowes Park (Con)]

As the noble Baroness says, we believe that this settlement gives a chance to break free from the vicious circle whereby we ordered ever decreasing numbers of ever more expensive items of military hardware. We have set out a number of projects that we will move forward across the Navy in particular but also with the RAF and others. We have also set out a very ambitious plan focused on using new technologies, AI, our new National Cyber Force and space. This is a broad package that we believe will truly help our Armed Forces modernise and be able to tackle the emerging and very different global threats that they are currently facing.

Covid-19 Update

Baroness Smith of Newnham Excerpts

Thursday 25th June 2020 Lords Chamber

[Baroness Evans of Bowes Park]

I hoped that I had set out some of that detail in my answer to the noble Baroness, Lady Smith. Each local area will have a local action committee to manage its outbreaks, and discussions at a local level will be supported by the joint work of the joint biosecurity centre, Public Health England and NHS Test and Trace. We have already seen a successful lockdown in Weston-super-Mare, so we are starting to see these situations being taken under control and dealt with at a very local level.

[Baroness Smith of Newnham (LD) [V]]

My Lords, the Leader referred to guidance for theatres and orchestras pending a move back to live theatre. What practical assistance are the Government able to give to the performing arts pending reopening to ensure that the sector remains vibrant post lockdown?

[Baroness Evans of Bowes Park]

Ministers in the department recently met leaders in this sector to discuss the impact and how guidance could be developed to ensure that the sector can reopen. It will be consulted on guidelines. There is another round table with the sector next week to discuss that. Obviously, this is an incredibly important sector and we are looking to continue support, but the sector has benefited from the job retention scheme and the self-employment support scheme, as well as from the £160 million Arts Council England emergency funding. We are in ongoing discussions. Of course, we want this sector to open up as quickly as possible, but in a way that ensures that audiences and performers are safe in the environment.

Prorogation Recall

Baroness Smith of Newnham Excerpts

Tuesday 3rd September 2019 Lords Chamber

[Earl Howe]

It is very easy in a situation such as this for us to resort to colourful words to describe it. I personally regret the degree of emotion that has entered this debate. It is perhaps not surprising, but feelings run high—my noble friend is entirely right. I do not wish to add any animus to that situation.

[Baroness Smith of Newnham (LD)]

My Lords, it has been suggested that it would be unfortunate to try to push legislation through Parliament inappropriately quickly, but if the Prime Minister is looking for a deal which would not come until on or after 17 October, would we not need to amend the 2018 withdrawal Act? Is there time for that? Does the Minister envisage an opportunity for Parliament to amend that legislation appropriately?

[Earl Howe]

The technical position would be that, if a deal is reached, a withdrawal agreement Bill would be introduced, hopefully for approval by Parliament. We are absolutely clear that there is time to do that. There may be a need to obtain the consent of Parliament to sit at rather unusual hours to do that, but we are clear that it can be done.

Priorities for the Government

Baroness Smith of Newnham Excerpts

Thursday 25th July 2019 Lords Chamber

[Baroness Evans of Bowes Park]

I say to the noble Lord that we want to leave with a deal and that is what we will aim to do. That is why we want to sit down and talk to the Commission and EU leaders as quickly as possible to try to break the current impasse. But while the situation might be distressing, the House of Commons has rejected the withdrawal agreement three times. We need to ensure that we get a deal that we can get through Parliament; that will be the focus. But we will be legally leaving the EU on 31 October and any responsible Government have to prepare for that. That is why we are ramping up our preparations and taking a new co-ordinated approach, and why we will be building on the progress we have already made.

We have already signed bilateral voting rights agreements with Spain and Portugal, published—as I mentioned previously—750 pieces of communication around no deal and secured air services agreements. We will work hard to ensure that we are as prepared as we can be for no deal but, I repeat, we want to get a deal and that is what we will be trying to do. We will be talking to the EU to see if we can resolve the issues that have meant that the House of Commons has not been able to agree the withdrawal agreement that has been put to it three times.

[Baroness Smith of Newnham (LD)]

I am grateful to the Minister for repeating what appeared to be the Prime Minister’s, or the Conservative Party’s, election manifesto—whenever the election comes. There were so many priorities that it was difficult to see any priority. But one issue that came out, as my noble friend Lord Newby pointed out, is that of a points-based immigration system. The Prime Minister indicated that he already has the Home Secretary on board and is seeking further consultation. Do we not need an immigration Bill—alongside agriculture, fisheries, trade and a whole raft of other Bills—if we are to leave the European Union? Where are they? Are they not among the priorities?

[Baroness Evans of Bowes Park]

We have passed a number of Bills, as the noble Baroness will be aware. We have passed over 560 statutory instruments and will, of course, be bringing Bills in other areas forward and through. On immigration, as I said, the Prime Minister has asked the Migration Advisory Committee to undertake a study. All this will feed in as we begin to develop the scheme. She will also be aware that we have begun registering people for the settlement scheme and over 1 million citizens have already taken that up.

European Council

Baroness Smith of Newnham Excerpts

Monday 24th June 2019 Lords Chamber

[Baroness Evans of Bowes Park]

I am afraid I have said all I can on that matter at this point. As I said, we look forward to the debate next week.

[Baroness Smith of Newnham (LD)]

My Lords, in answer to an earlier question, the noble Baroness said that the UK had taken the lead on Iran by going to Tehran. One of the key aspects of European co-operation in the past, and of the moves towards a JCPOA, was precisely the démarche of the EU3—the UK working with France and Germany. Can the UK realistically take a lead on foreign policy on its own? What work is the UK doing with its French and German partners, and ideally with the Dutch and other like-minded partners, to ensure that we have co-operation and leverage going forward, regardless of any EU-UK security treaty?

[Baroness Evans of Bowes Park]

I did not say that the UK was taking the lead; I merely said that the noble Lord was right that there was no discussion of the matter at the Council. I wanted to point out, however, that we were involved and engaged and I highlighted the visit to Tehran as an example of that. I did not mean to mislead the noble Baroness or to say that we were in the lead, but we are playing an important part. We continue to talk to our partners, including France and Germany, about how to help to de-escalate this situation, which is in the best interests of not only the region but the world.

European Council

Baroness Smith of Newnham Excerpts

Thursday 11th April 2019 Lords Chamber

[Baroness Evans of Bowes Park]

As I said in response to the noble Lord, Lord Newby, we have had a referendum. We have a result of a referendum and we should be implementing that.

[Baroness Smith of Newnham (LD)]

My Lords, I have a technical question. I am slightly puzzled by the part of the Statement that says,

“so, for example, if we were to pass a deal by 22 May, we would not have to take part in European elections, and when the EU has also ratified, we would be able to leave at 11 pm on 31 May”.

I have a particular interest to declare. My 50th birthday is on 1 June, so I would be quite pleased not to be commiserating on having left on 31 May. I cannot understand how, if we ratified a deal on 22 May, we would be able to leave by 31 May. Does the European Parliament not have to ratify? It will cease to sit on, I believe, 22 April and not come back until July. How is it possible that the deal can be ratified in order for us to leave by the end of May if we do not ratify until 22 May?

[Baroness Evans of Bowes Park]

Paragraph 10 of the EU Council decision states:

“If the United Kingdom is still a Member State on 23-26 May 2019, and if it has not ratified the Withdrawal Agreement by 22 May 2019, it will be under an obligation to hold the elections to the European Parliament in accordance with Union law. In the event that those elections do not take place in the United Kingdom, the extension should cease on 31 May 2019”.


So it is within the conclusions of the European Council decision.

Business of the House

Baroness Smith of Newnham Excerpts

Thursday 4th April 2019 Lords Chamber

[Baroness Deech]

It is unusual but it is not unconstitutional, because it lies in the power of the House of Commons to put an end to that situation, if it wishes to, by getting rid of the Prime Minister or passing the withdrawal agreement. We are suffering from a lack of trust that is about to come upon us, as I said. The constitutional damage may be irreversible.

I will add that there has been a lot of loose talk about sovereignty and Parliament taking control. We do not have our sovereignty; we gave it up in part when we joined the EU, and we will not recover it until we leave. At the moment we are like prisoners rattling the cage while outside the warders have the keys. We can debate all we like here, but we can see from this Bill that the EU 27 will tell us what to do. What is the point of delay, and of advising this and that, when they have said that they will not alter the withdrawal agreement, and the power lies with them?

I am sorry to say that I blame this breakdown in respect of the constitution in part on the EU. The effect of the EU has been to preside over judicial corruption across Europe; to preside over financial mismanagement and a lack of accountability in Brussels; to allow creeping right-wing extremism across Europe; to allow the appointment of Juncker when we did not want it; and to accept the appointment of Selmayr, apparently breaking all the rules that there are. This disregard for the constitution and for the rules that the EU itself lays down, which are flagrantly disobeyed by Poland, Hungary and others, is now lapping around our ankles.

Unless we uphold the constitution by following every little bit of our rules today—albeit that this might require people to be brief in their remarks, as I will be—the damage will be incredible. People out there who respect us, who respect the law, who do not need to be whipped into submission or coerced and who obey the police and the rule of law will wonder why they too have internalised the legal system if we cannot do so. We have to believe in our own legal system and our own procedure.

[Baroness Smith of Newnham (LD)]

My Lords, I have considerable sympathy with the amendments, but the reason why I will not be supporting any of them is precisely that we are in a position where the Government have failed to deal with the Brexit referendum. The constitutional problem started there, and to suggest that we should not deal with procedures today is misguided. We have to deal with the crisis that is developing in this country. We need to get this legislation through and work with the House of Commons in order to try to resolve the constitutional mess that was caused by the referendum in the first place.

[Lord Howard of Lympne]

My Lords, I will say a few words following on from the speeches of my noble friend Lord Lawson and the noble Baroness, Lady Deech. Both of them referred to the fact that we have—and we have always regarded it as one of our glories—an unwritten constitution. That has its risks. In a set of circumstances where a country has an unwritten constitution, the safeguards of our liberties lie with our conventions, precedents and procedures. An unwritten constitution works only if the institutions of government respect those conventions, procedures and precedents. Under an unwritten constitution, the House of Commons has very great power—but the House of Commons should exercise that power with constraint, circumspection and respect for those conventions, procedures and precedents.

The noble Lord, Lord Newby, the Leader in this House of the Liberal Democrats, says that a breach of those conventions, practices and procedures is justified because we are in a state of national crisis. He will know that that is the pretence that tyrants have used down the ages for abrogating the safeguards that have existed in those countries to safeguard the liberties of their citizens.

That brings me to the role and responsibility in these circumstances of your Lordships’ House. Surely if your Lordships’ House has any role and responsibility, it is to put a brake on the breach of those conventions, precedents and procedures that has undoubtedly taken place in the House of Commons. Be under no illusion: what has happened in the House of Commons will set a precedent that may be followed in circumstances that would have a much more dire effect on our liberties than the issues that we are debating and discussing today. If that precedent is to be tempered, the only body that can do it is your Lordships’ House. That is why your Lordships’ House should today put a brake on the breach of those conventions, precedents and procedures and vote for my noble friend’s amendment.