8 Countess of Mar debates involving the Department for Exiting the European Union

Wed 16th May 2018
European Union (Withdrawal) Bill
Lords Chamber

3rd reading (Hansard): House of Lords
Mon 30th Apr 2018
European Union (Withdrawal) Bill
Lords Chamber

Report: 4th sitting (Hansard): House of Lords
Wed 18th Apr 2018
European Union (Withdrawal) Bill
Lords Chamber

Report: 1st sitting: House of Lords
Tue 7th Mar 2017
European Union (Notification of Withdrawal) Bill
Lords Chamber

Report stage (Hansard): House of Lords
Wed 1st Mar 2017
European Union (Notification of Withdrawal) Bill
Lords Chamber

Committee: 2nd sitting (Hansard): House of Lords

European Union (Withdrawal) Bill

Countess of Mar Excerpts
Lord Framlingham Portrait Lord Framlingham
- Hansard - - - Excerpts

That is a chance I will have to take. I do not agree with the noble Lord. I think that I am speaking up for this House, for this country and for what we are trying to do.

I repeat: to set ourselves up in such a disreputable way, as guardians of wisdom and the common good, in so many of the amendments that we have passed, simply in an attempt to wreck the Bill and thwart the will of the people, is both false and dangerous.

Countess of Mar Portrait The Countess of Mar (CB)
- Hansard - -

I wonder whether the noble Lord would kindly pay attention to the amendment on the Order Paper that was just moved by the noble Lord, Lord Krebs.

Lord Framlingham Portrait Lord Framlingham
- Hansard - - - Excerpts

I am addressing the amendment and other amendments too.

The House has repeatedly been warned of the recklessness of the course it has taken. The noble Lords, Lord Grocott and Lord Howarth, from the Labour Benches, and the noble Lord, Lord Forsyth, from this side of the House, have made excellent contributions, showing not only their understanding of the workings of Parliament but the damage that we have been doing to our reputation and the dangers we have created for the future of your Lordships’ House. They have been derided and scoffed at—not because they were wrong, but because every word they said was true. The scoffers knew this in their hearts and simply could not bear to listen to the truth.

It is not often in life that one is given a second chance to correct a big mistake—a folly of historic proportions—but we will be given one and I sincerely hope that we will take it. When the Bill returns to this House from the Commons, if we all accept, in as healing a way as possible, that whatever side we have been on and however we have behaved, our job is done and we should no longer seek to impose our will on the parliamentary process, perhaps not too much lasting damage will have been done to your Lordships’ House. Should the principal remain protagonists continue to pursue controversy, they will serve only to deepen the divisions in this House.

--- Later in debate ---
Countess of Mar Portrait The Countess of Mar
- Hansard - -

My Lords, may I remind the noble Lord that procedure at Third Reading is the same as for Report, and the noble Lord has already spoken? If he wishes to ask a question, he can ask for the leave of the House beforehand.

Lord Dykes Portrait Lord Dykes
- Hansard - - - Excerpts

I was going on to emphasise, once again, the ecumenical nature of this whole process, and the tribute paid by the noble Lord, Lord Deben, and others to what the Government have done in response. I am grateful to the briefing note that was given by the Repeal Bill Alliance, which represents so many widespread different bodies, that it is necessary to get the guarantee and the certainty in the text of the Bill. I agree with the alliance when it says:

“The original drafting of the bill leaves gaps in environmental protections by excluding vital environmental principles such as the ‘polluter pays’ and ‘precautionary principles’ as well as EU directives that include environmental safeguards and obligations”.


Is it a preposterous idea that the Lords should propose serious amendments to a Bill and send them to the Commons, asking it to consider them, even on Third Reading? I think that is quite a normal part of the process of the parliamentary interchange between the Houses. It is up to the Commons to decide how to react. The reality, as we know, is that the Commons does not react in the open and free way that it would if it were on the basis of free votes in all parts of the House. Because of the magic mechanism of the only constitutional safeguard we have—the three-line Whip—the Conservative MPs would end up either having to do that or to become rebels themselves, which is always a difficult thing.

So when the noble Lord, Lord Framlingham, said that he was representing wider interests, I disagree. He was representing the salient interest of the Brexit lobby of the divided and broken Conservative Party in the Commons. Therefore, it is very important for us to remember—I quote from the press on 10 May:

“The cliché that the war is over because the eurosceptics have won is wrong. Brexit has created another divide between those evangelical about the UK going it alone and those that know such visions are fantastical. Every now and again May indicates she is in the latter group. There are some like John Major who is urgently aware from his experience that either way the UK is heading for the cliff’s edge”.


That means that the logic of what the Lords does is justified; it is nothing to do with party politics.

--- Later in debate ---
Lord Framlingham Portrait Lord Framlingham
- Hansard - - - Excerpts

I am grateful to the noble Baroness for giving way. The point that I am making—

Countess of Mar Portrait The Countess of Mar
- Hansard - -

The noble Lord has not asked for the leave of the House.

Lord Framlingham Portrait Lord Framlingham
- Hansard - - - Excerpts

With the leave of the House, may I ask a question?

--- Later in debate ---
Baroness Goldie Portrait Baroness Goldie
- Hansard - - - Excerpts

I have no specific information about that. The amendments are intended to help the Welsh Assembly and, indeed, assist any Government in the Welsh Assembly by ensuring that we avoid confusion and greatly improve clarity. I hope that the noble Lord will accept the good faith of the Government in trying to do everything possible to assist the devolved settlement in Wales. With that clarification, I beg to move Amendments 3, 4, 5 and 6.

Countess of Mar Portrait The Countess of Mar
- Hansard - -

The noble Baroness can move only Amendment 3 at this stage.

Amendment 3 agreed.

European Union (Withdrawal) Bill

Countess of Mar Excerpts
Lord Howard of Lympne Portrait Lord Howard of Lympne
- Hansard - - - Excerpts

I am grateful to my noble friend for giving way—

Lord Howard of Lympne Portrait Lord Howard of Lympne
- Hansard - - - Excerpts

It is a question, and my noble friend has not finished.

--- Later in debate ---
Lord Reid of Cardowan Portrait Lord Reid of Cardowan
- Hansard - - - Excerpts

I must insist—

Countess of Mar Portrait The Countess of Mar
- Hansard - -

Noble Lords may get up only once, and the noble Lord has already done so.

Lord Tomlinson Portrait Lord Tomlinson (Lab)
- Hansard - - - Excerpts

The noble Countess has got up twice.

--- Later in debate ---
None Portrait Noble Lords
- Hansard -

Minister!

Countess of Mar Portrait The Countess of Mar
- Hansard - -

My Lords, with all courtesy to the noble Lord, perhaps he would get the feeling of the House, which is to have the Minister stand on his feet.

Lord Taylor of Holbeach Portrait Lord Taylor of Holbeach (Con)
- Hansard - - - Excerpts

My Lords, I thought this amendment was about Parliament having a say. It is unreasonable not to allow a noble Lord who gave way to the noble Baroness opposite to have a say, so we should hear him.

European Union (Withdrawal) Bill

Countess of Mar Excerpts
Lord Grocott Portrait Lord Grocott
- Hansard - - - Excerpts

What I have to say may affect the decision as to whether or not to move it. My question is specifically about the wording of the amendment, which says—

Countess of Mar Portrait The Countess of Mar (CB)
- Hansard - -

My Lords, the noble Lord should be allowed to develop his arguments. The amendment is not on the table yet—it has not been put by the Speaker. So I ask the noble Lord, out of courtesy, to let the noble Lord, Lord Kerr, finish speaking.

Lord Kerr of Kinlochard Portrait Lord Kerr of Kinlochard
- Hansard - - - Excerpts

Perhaps I may continue. I recall no debate at all at the time of the referendum on a customs union. The country voted narrowly to leave the European Union, but no one can argue that it voted knowingly to leave the customs union with the European Union.

The red line was laid down in October 2016 in the “citizens of nowhere” speech. One hears that there had not been much discussion in the Government; there certainly had been no discussion with Parliament. One wonders to what extent the economic consequences of the decision on customs union had been fully assessed and analysed within the Government; I have no idea. Other red lines have since been sensibly blurred; in my view, it is time to blur this one.

The House knows that I was and remain a keen remainer. I believe that, when a deal is struck, the country should be given a chance to say whether it is what it wants. That would be fair, but it is nevertheless our duty to help improve the deal and see how it could be made better. If in the end we do leave, it should be in a way that limits the damage to the country’s well-being and to the future of our children. That is why I believe that it makes sense for the Government to be asked to explore customs union. I beg to move.

--- Later in debate ---
So I support the amendment with some enthusiasm and I repeat what my noble friend Lord Hailsham said in Committee: namely, that there are times in one’s political career when what is alleged to be party loyalty comes way behind trying to stand up for the national interest. I intend to do that on this amendment and elsewhere on Report, and in doing that I think I will be repeating what I would have been able to say with the full support of my party for most of the time I have been a member of it.
Countess of Mar Portrait The Countess of Mar
- Hansard - -

My Lords, I hope that noble Lords will forgive my confusion about a technical matter. The amendment states:

“Page 1, line 2, at end insert”.


However, line 2 on page 1 comes immediately after,

“The European Communities Act 1972 is repealed on exit day”.


Can noble Lords make clear what exactly we are debating? The amendment states:

“Subsection (2) applies if, and only if”.


The amendment does not seem to fit the Bill.

Lord Wigley Portrait Lord Wigley (PC)
- Hansard - - - Excerpts

My Lords, I support Amendment 1, moved so persuasively by the noble Lord, Lord Kerr, and Amendment 4. I want to speak briefly to Amendments 2 and 5 in my name, which are coupled with them and essentially seek the same goal.

Noble Lords may remember that in Committee I moved the very first amendment on the issue of maintaining a customs union with the EU after our membership ceases. We had an excellent debate at that stage so I will not repeat the detailed arguments, save to remind the House of one central point: having tariff-free trade in goods with the European Union and the 56 countries with which the European Union has an agreement is fundamentally important—not only to Wales but throughout the UK—to our manufacturers and farmers. It also opens the door to resolving the Irish border question, as has been said.

I accept—reluctantly—that we are leaving the European Union. That is not the issue in this debate. The question is how we leave without weakening or severing our vital trade links. By passing either of these amendments, we give MPs an opportunity to return to this central issue. Without such an amendment, they will be unable to do so. They need such a facility because so much has changed in the time that has elapsed since they passed this Bill last year. We must enable them to fine-tune the Bill to meet the requirements of exporters, manufacturers and farmers. MPs will have the last word, and rightly so, but by passing either amendment we give them the opportunity to endorse a better Bill that is fit for purpose and more acceptable to those whom it affects. I urge colleagues on all sides to unite in passing such an amendment and I urge the Government to accept the outcome.

European Union (Withdrawal) Bill

Countess of Mar Excerpts
Monday 19th March 2018

(6 years, 9 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock
- Hansard - - - Excerpts

My Lords, I beg leave to move Amendment 357 in my name.

Countess of Mar Portrait The Deputy Chairman of Committees (The Countess of Mar) (CB)
- Hansard - -

My Lords, the noble Lord will not be moving his amendment at this stage: he will be speaking to it.

Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock
- Hansard - - - Excerpts

Well then, I will speak to it.

European Union (Withdrawal) Bill

Countess of Mar Excerpts
Wednesday 14th March 2018

(6 years, 9 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Countess of Mar Portrait The Countess of Mar (CB)
- Hansard - -

My Lords, I thank the noble Lord for giving way. Paragraph 4.36 of the Companion suggests that:

“In debates where there are no formal time limits, members opening or winding up, from either side, are expected to keep within 20 minutes. Other speakers are expected to keep within 15 minutes”.


The noble Lord has spoken for 18 minutes. I wonder whether he would consider the tolerance of the House and wind up his speech.

Lord Browne of Ladyton Portrait Lord Browne of Ladyton
- Hansard - - - Excerpts

I am grateful to the noble Countess. As it happens, I had a one-sentence paragraph left at the point at which I took her intervention. I just say that these young people deserve a few minutes of our time, because it is their future and their life that we are discussing.

I wind up by saying that these young people reported to us that, the day before we met them, they had met with Shailesh Vara, Member of Parliament and Parliamentary Under-Secretary of State for Northern Ireland. They conveyed these same messages to him and asked how he was going to deal with the challenges of the border. They reported to us that they were told that there was, “going to be some creative thinking”. I invite the Minister to share that creative thinking with us, so that we can tell them how they can look forward to a future that is as rosy as the one they thought they had.

European Union (Withdrawal) Bill

Countess of Mar Excerpts
Wednesday 7th March 2018

(6 years, 9 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Krebs Portrait Lord Krebs (CB)
- Hansard - - - Excerpts

My Lords, I rise to move Amendments 112 and 113, which are in my name and those of the noble Baronesses, Lady Jones of Whitchurch and Lady Byford, and my noble friend Lady Brown of Cambridge.

Countess of Mar Portrait The Countess of Mar (CB)
- Hansard - -

My Lords, I hate to interrupt my noble friend but he is not moving his amendment now; he is speaking to it. The same applies to the amendment in the name of the noble Lord, Lord Wigley.

Lord Krebs Portrait Lord Krebs
- Hansard - - - Excerpts

I thank my noble friend Lady Mar for that correction. As well as speaking to my amendment, I shall be supporting Amendments 66 and 108, with which my name is associated and to which the noble Baroness, Lady Jones of Whitchurch, has already spoken.

It was very encouraging to hear the Prime Minister reaffirm in her Mansion House speech on Friday that:

“As we leave the EU we will uphold environmental standards and go further to protect our shared natural heritage”.


As the Chief Medical Officer for England made clear in her annual report published last week, our own health is intimately dependent on the health of our environment. We all recognise that the improvements over past decades in the UK’s environmental standards have been driven primarily by EU laws that cover roughly 80% of environmental legislation in this country, and a key part of that has been enforcement. There is no point in having high aspirations unless you have an effective mechanism to ensure that you deliver. As a member of the European Union, we have been subject to scrutiny and enforcement by the Commission, ultimately through infraction notices. As I pointed out at Second Reading, 46% of the judgments handed down by the European Court of Justice on UK infringements since 2003 related to the environment.

The Government have accepted that after Brexit there will be a governance gap and that therefore a new green watchdog will be required to hold the Government to account on their environmental performance. The purpose of Amendments 112 and 113 is to ensure that this new green watchdog is in place by exit day and that it will mirror as closely as possible the current arrangements that we have as a member of the EU.

When the Energy and Environment Sub-Committee of the EU Select Committee, of which I am a member, took evidence on this, the very strong view was that a new watchdog would be essential. I quote from our report:

“The importance of the role of EU institutions in ensuring effective enforcement of environmental protection and standards, underpinned as it is by the power to take infraction proceedings against the United Kingdom or against any other Member State, cannot be overstated ... The evidence we have heard strongly suggests that an effective and independent domestic enforcement mechanism will be necessary, in order to fill the vacuum left by the European Commission in ensuring the compliance of the Government and public authorities with environmental obligations ... It will be important for any effective domestic enforcement mechanism to have both regular oversight of the Government’s progress towards its environmental objectives, and the ability, through the courts, to sanction non-compliance as necessary”.


I can imagine that in his reply at the end of this debate the Minister will say that we are going out to consultation on a new green watchdog. Indeed, the Secretary of State for Environment, Food and Rural Affairs has already indicated that there will be a consultation on a new statutory body early in 2018. Just checking my clock, “early” is moving quickly beyond us. In the Committee debate in the other place, Dominic Raab said on 15 November 2017 that the consultation was “coming imminently”. If one of my students at Oxford said that her essay would arrive imminently but nearly four months later it had not appeared, it would be a case for disciplinary action. Monsieur Barnier has repeatedly said that the clock is ticking, so can the Minister assure the Committee that the new green watchdog will be in place on a statutory basis by exit day?

Amendments 112 and 113 set out a number of key requirements for the new watchdog. First, as I have already said, it should be in place by exit day. Secondly—this resonates with what the noble Lord, Lord Wigley, has just said—the UK Government and the devolved Administrations should work together to ensure that the watchdog functions apply to the whole of the UK. If there are different watchdogs for the four countries of the UK, they should operate according to the same principles and should be established jointly and in the same timescale. Thirdly, as we heard from the noble Baroness, Lady Jones of Whitchurch, the Government should consult on incorporating EU environmental principles into primary legislation, support decision-making by the watchdog or watchdogs and ensure that the principles inform decision-making more broadly. Fourthly, there should be absolute transparency about the environmental governance functions that are transferred to the new watchdog or watchdogs by creating a publicly available register of functions.

--- Later in debate ---
Baroness Bakewell of Hardington Mandeville Portrait Baroness Bakewell of Hardington Mandeville (LD)
- Hansard - - - Excerpts

My Lords, I support Amendment 66, to which I have added my name; Amendment 67 in the name of the noble Lord, Lord Judd; and Amendment 67A in the name of my noble friend Lady Miller of Chilthorne Domer. These amendments are key to ensuring that the protection of our environmental heritage is enshrined in law in the Bill. This group of amendments is crux to the environmental agenda and must be included in the Bill. I fully support the thorough introduction to the amendment of the noble Baroness, Lady Jones of Whitchurch, and I am grateful to Rescue, the Chartered Institute for Archaeologists, the Environmental Policy Forum and Greener UK for their briefings.

As we all know, on 29 March 2019 key pieces of legislation such as the environmental impact assessment and strategic environmental directives will be transposed into domestic law, with the aim that planning policy will continue to function as currently. However, the Bill does not directly reference some important overarching principles established in the EU treaty, potentially weakening environmental protections which underpin planning-led archaeology. This process is difficult—not least because of the perceived weakness in the Bill, which may prevent its stated ambition of ensuring a smooth transition and avoiding a black hole in the statute book on the day of the UK’s exit next year.

For the Chartered Institute for Archaeologists and the Council for British Archaeology, the key issues are: the de facto weakening of environmental principles enshrined in the European treaty, which are not within the scope of the Bill as proposed; the loss of supranational jurisdiction to provide opportunities to bring legal challenges on environmental principles; the uncertainty over how the Government will use so-called Henry VIII powers to amend technical aspects of EU law when transposed, to ensure that they remain workable in a domestic context; and the uncertainty over how previously held EU powers—brought back to the UK after Brexit—will be reserved to devolve to Scotland, Northern Ireland and Wales.

In February, during the recess, I went to Cyprus for a holiday. During the week, my husband and I visited the marvellous and numerous archaeological remains on the island, including Aphrodite’s Temple, Aphrodite’s Rock, the Tombs of the Kings and the main archaeological site in Paphos. The Cypriot Government have spent considerable sums of money over many years excavating these sites and preserving the wonderful mosaics uncovered and other historical artefacts. I was struck by the number of non-Cypriot archaeologists who had funded and worked on the sites over the decades to bring the history to life for future generations. Many of these came from the UK.

To be clear on how important archaeological heritage is, we must turn to the survey of adults in England called Taking Part Focus On: Heritage. This was a DCMS survey of 2017 demonstrating both the cultural and economic value that heritage provides to our society and community. Some 74.2% of adults visited a heritage site in 2016-17, with a remarkable 94.2% of adults agreeing that it is important to them that,

“heritage buildings or places are well looked after”.

Another report, Heritage and the Economy 2017, by Historic England—again reporting English statistics—shows that,

“heritage directly contributed £11.9 billion in GVA”,

equivalent to 2% of our national GVA, and that:

“Heritage tourism generated £16.4 billion in spending by domestic and international visitors”.


The Welsh equivalent showed that it contributed 1.6% of GVA and Scotland’s Historic Environment Audit 2016 showed that heritage contributed,

“in excess of £2.3 billion to Scotland’s economy”.

Countess of Mar Portrait The Countess of Mar
- Hansard - -

My Lords, I am sorry to interrupt the noble Baroness, but these amendments are about environment, not heritage. Does she have her right speech?

Baroness Bakewell of Hardington Mandeville Portrait Baroness Bakewell of Hardington Mandeville
- Hansard - - - Excerpts

I thank the noble Countess for that intervention, but I believe I have the right speech and I hope she will bear with me until I get to the end.

With this in mind, it is important that the UK retains at least an equivalent provision for environmental protection in domestic legislation and policy to compensate for the loss of EU funding to the historic environment with domestic funding, ensure free movement of skilled and accredited archaeologists between the EU and the UK—

Countess of Mar Portrait The Countess of Mar
- Hansard - -

My Lords, I am sorry to interrupt the noble Baroness again, but this is an amendment about the environment. We are asked in Committee to pay our attentions to the particular amendments that we are looking at. I have looked through the list of amendments and none of them applies to architectural heritage. Will the noble Baroness kindly let noble Lords who wish to speak on the environment have their turn?

Baroness Bakewell of Hardington Mandeville Portrait Baroness Bakewell of Hardington Mandeville
- Hansard - - - Excerpts

I am sorry that the noble Countess is frustrated with me trying to link the environment to archaeology. However, Article 191 aims for a “high level” protection of the environment and is based on “preventive action” in which,

“environmental damage should as a priority be rectified at source and that the polluter should pay”.

The principles, including the polluter pays principle, the prevention principle and the precautionary principle, have all been the fundamental base of environmental—

--- Later in debate ---
Earl of Caithness Portrait The Earl of Caithness
- Hansard - - - Excerpts

That is a very valid point. Whatever Government are in power have always found funding bodies an extremely difficult thing to do on a continuous basis.

I was going to come to my noble friend Lord Deben and say just a couple of things to him. He should read what my noble and learned friend Lord Mackay of Clashfern said on the previous amendment, on principles. Also, when he was Secretary of State he took on an improving situation—and, of course, he forgot to mention that we were world leaders in combating the damage to the ozone layer.

We are speaking to Amendment 67, tabled by the noble Lord, Lord Judd. I am sure we all agree with him on the question of biodiversity, but whether it is relevant to have that in the Bill is debatable. I disagree with him, however, on how good the EU has been about biodiversity. If he is giving so much praise to the EU, why has biodiversity continued to decline? Why have the wild birds he mentioned continued to decline? It is largely due to EU policies, particularly the common agricultural policy. One benefit from getting out of the EU is that we will be able to do something quite positive and new for biodiversity and our wildlife, but that will mean a divergence from Europe.

Countess of Mar Portrait The Countess of Mar
- Hansard - -

My Lords, I support Amendment 66 and the words of my noble friend Lord Krebs. I put in a note of caution here. The noble Lord asked that we mirror European law as it stands. Hot off the press came an announcement yesterday—I thank the European Environmental Bureau for this—with the headline, “Precautionary in principle, flawed in fact: European Commission review accepts environmental groups’ criticism of chemical regulation”.

The noble Lord, Lord Gardiner of Kimble, whom I am pleased to see is in his seat, knows how I have campaigned tirelessly about Roundup and glyphosate. I cite some of the points that have been made. There was a five-year review of the REACH regulation—the manner by which chemicals are regulated in the European Union. These are usually single chemicals, not mixtures. The licensing of mixtures depends on each country individually. It says:

“However, the Commission review highlights problems with substance registration dossiers, the failure to correctly apply the crucial precautionary and burden of proof principles and specific issues with REACH processes, particularly evaluation, restriction and authorisation”.


In the case of glyphosate, Monsanto has consistently hidden research that has shown that it is carcinogenic and affects the kidneys and liver. It is only now coming out after huge freedom of information requests in the United States. The European Union has chosen to ignore all that evidence; it has not asked Monsanto for it. As a result, we are being exposed to glyphosate; something like 90% of the population has glyphosate in their urine. We do not really know what the health effects are. We do know that the effects on the environment are not good. I therefore support the amendment, but I also ask that we do not mirror the behaviour of the REACH organisation and that we tighten up our own principles and make sure that we get it right.

Baroness Featherstone Portrait Baroness Featherstone
- Hansard - - - Excerpts

My Lords, I rise to speak to Amendment 108, to which I added my name. We have become used to relying on the EU to oversee our compliance with directives—including those highlighted in Amendment 108—and that what we commit to is delivered. We are tested and, if we are found wanting, there are consequences. However, as the Secondary Legislation Scrutiny Committee said in its 19th report:

“The UK’s withdrawal from the EU raises questions about the effectiveness of oversight and enforcement of these commitments in the longer term”.


As the noble Lord, Lord Krebs, said, without enforcement, what is the point of the law?

Given that in Amendment 108 we are talking about a range of pollutants, including the five main air pollutants, the ambient air quality directive—which sets legally binding limits for concentrations in outdoor air of major air pollutants that impact public health, such as particulate matter and nitrogen dioxide—and other directives, this is a really crucial issue. We know from Defra that some of the existing mechanisms that we currently rely on to scrutinise whether we are keeping up to the environmental standards to which we are signed up are not being carried across.

As has been raised by other noble Lords, the Government said when they presented the 25-year development plan, “Don’t worry, we are setting up a new body to oversee all of that”, but what will it comprise? To what standard will it be judging? What powers will it have? If the consultation on all that is yet to start, what is the timetable for it to be up and running? And where is it in the Bill? Surely we need it in the Bill. Maybe the Government will come forward with an air quality Bill, but how on earth will that get into our law in time?

This amendment makes certain that we cannot fall foul of not having thought of something or set up new arrangements in a timely manner. It means that those of us who are concerned in this regard can cease our concern. The Government must not leave us in a situation where there is any chance or ability to lessen—whether by accident, desire or timing—the environmental protections that we currently enjoy, and I hope that the Minister can give us assurance on that.

On Amendments 66, 112 and 113, I simply say that, if the Government are sincere in their stated commitment —as the noble Lord, Lord Deben, said—to uphold all the environmental commitments that we are signed up to and to uphold the spirit of the transfer of EU law into UK law, they should have absolutely no hesitation in supporting all these amendments.

European Union (Notification of Withdrawal) Bill

Countess of Mar Excerpts
Lord Newby Portrait Lord Newby
- Hansard - - - Excerpts

My Lords, the noble Lord will recall the attitude that we took when we discussed the previous referendum. We strongly believe that 16 and 17 year-olds should get the vote, not just in referendums but more generally.

Countess of Mar Portrait The Countess of Mar (CB)
- Hansard - -

My Lords, would the noble Lord kindly address the House rather than the noble Lord, Lord Foulkes, because we on this side cannot hear what he is saying?

Lord Newby Portrait Lord Newby
- Hansard - - - Excerpts

I apologise. I was saying that, when we discussed this matter previously in respect of the referendum that we have just had, we argued strongly that 16 and 17 year-olds should get the vote, but the details of any future referendum would have to be discussed in the context of a new referendum Bill, which Parliament would have to pass. Perhaps I may make a little progress.

Since Committee, I have had the chance to read the speeches of the noble Baroness, Lady Smith, and the noble Lord, Lord Bridges. The noble Baroness’s view was that referenda are best avoided and that the deal at the end of the Brexit process would be far too detailed and complicated to leave to the people to decide. However, she went on that,

“if, as time and negotiations progress, there is genuine evidence of a widespread public demand for a second referendum, that should be listened to”.

I suppose that I should be grateful for that willingness to keep an open mind, but I simply do not think that it goes far enough.

The Minister said that a confirmatory referendum should not be contemplated because trust in politicians was so low, and that,

“There is a sense that Parliament is divorced from day-to-day life”.


Well, we know what the Government’s response to that has been: to try to cut Parliament out of the decision-making process altogether and just to take the decisions themselves. Furthermore, the Government have assiduously argued that asking the people to take the final decision on the most important issue facing the country in generations and on which they have already had a say is anti-democratic. That argument simply defies logic.

The Minister then said, quoting the White Paper, that,

“people are coming together to make a success”,—[Official Report, 27/2/17; cols. 638-39.]

of Brexit. It is certainly the case that business is taking decisions based on the assumption of Brexit. That helps to explain why banks are moving thousands of staff outside the UK, why Ford is downsizing its plant at Newport and why Herriot-Watt is cutting staff. But this is not exactly “coming together”.

Nor are divisions within the country reducing. As I said at Second Reading, the anger of those who wish to leave the EU, which was evident before the referendum, is now being increasingly matched by the anger of those who wish to remain—particularly young people, who see their life chances being jeopardised. I am afraid that there is simply no happy consensus emerging about the alleged sunny uplands of being outside the EU—quite the opposite.

European Union (Notification of Withdrawal) Bill

Countess of Mar Excerpts
Lord Bragg Portrait Lord Bragg (Lab)
- Hansard - - - Excerpts

My Lords, 3 million foreign nationals in a population of about 65 million represents a minority. This country has benefited greatly from minorities for centuries. Sometimes they are minorities of a people fleeing tyranny; most markedly in the middle of the last century, the Jews came to this country and enriched it immeasurably. Sometimes they are minorities who fight for the rights of their religion, such as the Roman Catholics and Unitarians over the past couple of centuries; or for their own rights, such as votes for women; or for the rights of others, such as the magnificent vote in the other place a couple of centuries ago that abolished the slave trade. Again and again, minorities have helped us become the best of what we are, as do the minorities here today in the 3 million we are treating so shamefully. From my own experience and that of others in your Lordships’ House, I can point to the dazzling contribution of minorities across the arts, the sciences and the widest spectrum of our cultural and intellectual life.

I speak strongly for minorities because I am a member of one—a bullied and beleaguered minority whose views have been dismissed and effectively gagged. I, like the Prime Minister, voted to remain. We have become a minority. I am rather surprised that with her pride in her sovereign intransigence, she did not stay on to lead the 48%—

Countess of Mar Portrait The Countess of Mar (CB)
- Hansard - -

My Lords, I am sorry to interrupt the noble Lord but he seems to be launching into a Second Reading speech. Perhaps he might confine his observations to the amendment in hand.

Lord Bragg Portrait Lord Bragg
- Hansard - - - Excerpts

I thank the noble Countess. I have a short speech—about as third as long as the previous speech—and I have nearly finished it. I was wondering why the Prime Minister did not lead the remain campaign after we had become a minority. Why did she not fight on, as so many other minorities have successfully done, to achieve what they honourably and passionately think is best, as we all do, for this country? It is outside the democratic development of our history that a single-issue vote should be allowed to change the course of that history for ever so dramatically and, in my view, so potentially disastrously.

Finally, one major aspect of the disaster is to turn our backs on those who have come here and given their talents and skills to the United Kingdom, settling here and transforming us in so many ways for the better. They are now reduced to pawns in a government strategy which, to many observers here and abroad, seems largely clueless and without any response, save bluster, to any critical questions. The answer to the question of foreign nationals, for our own national pride in who we are, is to tell those who are here now that we want them to stay here and be welcome.