Brexit

Duke of Wellington Excerpts

Saturday 19th October 2019 Lords Chamber

[The Duke of Wellington (Non-Afl)]

My Lords, as always, I declare my European interests as detailed in the register.

I did not speak in the debate earlier this week, as the details of the new withdrawal agreement were not yet known. They are now known. We have today heard some excellent speeches opposing the new deal and I agree with much of what has been said. However, with considerable misgivings, I now commend the Government for having reached an agreement with the European Union which, if agreed by the other place, will enable this country to leave the EU in an orderly fashion. It always seemed to me, and to many others, that to leave with no deal was the worst possible outcome. Indeed, there is a clear majority in this House and the other House to prevent such a disorderly exit.

Today, we are invited by the Minister to take note of the new withdrawal agreement laid before this House. My own view is that, however imperfect it is—and it certainly is imperfect—it should be supported. It is imperfect in many ways but, in particular, it introduces a different status for Northern Ireland, and this will have consequences for the union. Many noble Lords have explained that—in particular, the noble Lord, Lord Reid. There must surely be certain MPs who today regret that they did not vote for the earlier version of the deal negotiated by Mrs May last year.

I have always said that I would have voted for the original agreement and that I would vote for a different deal negotiated by the new Government. It would be churlish not to give credit to the Government for having secured an agreement against difficult odds. However, I deeply regret that on this passage the Government decided to try to prorogue Parliament unlawfully a few weeks ago. Both this Government and that of Mrs May, one has to admit, have too often given the impression that they wished to diminish parliamentary involvement in this most difficult matter. Even if the other place supports the new agreement in a meaningful vote this afternoon, I think it will still be necessary to seek an extension to Article 50. The legislation, when presented to Parliament, will be highly complex and will require considerable scrutiny in both Houses. It would be incorrect to rush through such an important Bill just because of a totemic date and a leadership campaign commitment.

The most important aspect of a withdrawal agreement is that it contains an absolutely necessary transition period, widely recognised as desirable by all reasonable people, but we must be aware that uncertainty will continue. It is only after we leave that the real negotiation can begin. If it has been difficult to negotiate a withdrawal agreement, it will be far harder to negotiate a long-term trade agreement with our closest trading partner, the EU, not to mention our hoped-for new trade agreement with the United States. So we are faced with several more years of uncertainty, which is so undermining for so many investment decisions.

To my great regret, the British electorate decided by a relatively small margin to leave the EU, but it would be completely wrong to pretend that the withdrawal agreement will boost the economy, increase investment, accelerate growth or improve the public finances. Still, I have concluded, with great sadness, that the political arguments for supporting the deal are probably the most important today. We are surely in a place where few would have wanted to be, and we must hope that after we have left, and the necessary general election, the new Government seek not just a free trade agreement but the closest possible economic arrangements with the European Union. That is surely in our national interest.

Brexit

Duke of Wellington Excerpts

Wednesday 2nd October 2019 Lords Chamber

[The Duke of Wellington (Non-Afl)]

My Lords, I declare, as always, my European interests as detailed in the register. This is the first opportunity I have had to speak in this Chamber since I resigned the Conservative Whip on 4 September, and I feel I ought to explain why I did so.

When the Prime Minister advised the early prorogation of Parliament, I felt, in the words of the noble Lord, Lord Young of Cookham,

“unhappy at the timing and length of the prorogation and its motivation”,

and,

“unpersuaded by the reasons given”.

A few days later, the Commons voted to allow the so-called Benn Bill—which requires the Prime Minister to request an extension in the absence of a deal—to be debated. I know I would have voted with the 21 Conservatives who supported the Motion and enabled it to pass. Those 21 had the Whip removed and were expelled from the parliamentary party. As a result, I felt that the only honourable course open to me was to resign the Whip in this House.

As we all know, the Prorogation was subsequently declared unlawful by 11 to zero by the Supreme Court. How unfortunate that it was a Conservative Prime Minister who should have acted in this way and broken a convention of this nature that had lasted for so long.

The ultras and certain newspapers regularly accuse those who do not wish to leave without a deal, or who try to prevent the country leaving without one, of not accepting the result of the referendum. This is simply not true, and I must repeat what I have said many times before. In the referendum I voted to remain. I much regret that by a small percentage the country voted to leave. In their 2017 general election manifestos both major parties committed to honour the result of the referendum. Since then, I have been of the opinion that, regrettably, we must now leave the European Union. However, it would not be in the national interest to leave without a deal, with all the serious consequences this would have for the economy, for small businesses, for farmers, for the supply of medicines, for security, for investment and for the union. The list goes on.

I sincerely hope that the Prime Minister will be able to negotiate a deal in the next two weeks and get it agreed by the European Council and by Parliament. Should he be unable to do so, he must by law and in the national interest seek a further delay, frustrating and disappointing as that might be. We cannot and must not leave without a deal.

Once a delay has been secured, if that is necessary, it would surely be expedient to have a general election. If the current House of Commons is unable to support Mrs May’s deal—which I would have voted for, and I would vote for any new deal brought to this House—and as the Government no longer have a majority in the Commons, we must have a general election. Then it will probably be desirable for the next Parliament, however it is made up, to repeal the Fixed-term Parliaments Act. For centuries it has been more than a convention that a Government who do not have the confidence of the House of Commons resign and call an election. I should add here that I am still not persuaded of the merits of a second referendum.

Even if the Prime Minister secures a deal at the next European Council, I fear that an extension might still be necessary to enable the parliamentary procedures here and the ratification by the European Parliament in Strasbourg to take place. I am glad that Parliament is sitting this week and that we are having this debate today.

We should all hope that the Prime Minister, with his clear determination, is indeed able to negotiate a new deal. But should he fail, there is no doubt that we must seek an extension. I wish him well in the negotiations and I hope, with limited conviction, that he can achieve a new deal.

Brexit: Appointment of Joint Committee

Duke of Wellington Excerpts

Wednesday 3rd July 2019 Lords Chamber

[The Duke of Wellington (Con)]

My Lords, as always I declare my European interests as detailed in the register.

We have had some very good speeches from this side of the House, but I am afraid that I have reached a different conclusion: I support the Motion in the name of the noble Baroness, Lady Smith of Basildon. In fact, it would have been desirable to have a Joint Committee earlier in this process. At this point it may be a bit late, and any report may no longer have much effect, but I completely agree that it is worth at least trying.

This Motion has support from many sides of this House—correctly so, because it is a matter not of party interest but of national interest. I am surprised every day that the ultras continue to deny the risks to this country and its economy of leaving the European Union without a withdrawal agreement. Indeed, the ultra ultras even suggest that they would prefer to leave without a deal. They propose that the UK and the EU should trade on a tariff-free basis under Article 24 of the General Agreement on Tariffs and Trade. We have already heard from the noble Lord, Lord Kerr, about the difficulties of doing that, and those who propose it always forget to acknowledge that it requires the agreement of the EU.

Most thoughtful professionals and experts advise—I do not wish to use journalistic hyperbole but it is generally accepted—that leaving without a deal is at best very high risk and at worst would have dire consequences. Surely no responsible Minister of the Crown could knowingly endanger this nation’s well-being by contemplating a no-deal Brexit. The mood of both Houses of Parliament is to prohibit such an outcome. A Government who head in that direction are defying the will of Parliament. Nevertheless, both candidates standing for leader of the Conservative Party appear to be bidding against each other to win a no-deal Brexit. I cannot believe that any Prime Minister, particularly a Conservative one, would even consider proroguing Parliament until November to eliminate parliamentary opposition—yet at least one candidate has not ruled it out.

In any event, a serious risk remains that unless we seek a further extension, to beyond 31 October, there will simply not be enough time for any renegotiation and the consequential legislative procedures. Neither of the candidates to be Prime Minister has acknowledged this lack of time. We still need a transition period and for that we need a withdrawal agreement. Insisting on 31 October as the immovable departure date will almost certainly mean a no-deal departure.

In addition to the extreme economic consequences of a no-deal departure we must be aware of the very serious additional strain on the union of the United Kingdom. No unionist of any party should ignore this point. I am sorry that the noble Lord, Lord Reid, is no longer in his place—his excellent speech should be required reading for both candidates for the leadership of the Conservative Party.

I will repeat something I have said before. With great sadness I accept that we are leaving. It must, however, be orderly and with a transition period. The Motion tabled by the noble Baroness represents, if the other place accepts it, a further attempt to demonstrate to the ultras in Parliament, and to the wider public, the impossibility of leaving without a deal. I very much hope that the Motion will be accepted—but, if formed, the Joint Committee will have to work over the summer to produce a report before it is too late.

The chances of a no-deal Brexit are increasing day by day during this leadership contest, to the detriment of the public interest. Let us as a House at least try to put the case again for an orderly exit in the national interest.

European Union (Withdrawal) (No. 5) Bill

Duke of Wellington Excerpts

2nd reading (Hansard): House of Lords
Thursday 4th April 2019 Lords Chamber

[The Duke of Wellington (Con)]

My Lords, I declare, as before, my various European interests, as detailed in the register. I have been on holiday for the last week, as I had thought when I planned it that we would be out of the EU by now. While away, I have watched with dismay the way the other place has rejected yet again the Government’s deal. I really think that this Parliament has demeaned itself, and it has again failed. So it is unsurprising that, with the Government unable to carry their own deal through the House of Commons, Parliament should wish to legislate to prevent the country leaving without a deal.

In view of some of the comments made this evening, it seems necessary to repeat what I have said before. I have long since accepted that we are leaving the European Union, and would support the Prime Minister’s deal time and again, but we cannot leave on 12 April without a deal. If the Government cannot get their deal agreed by next Wednesday, we must try to agree a further extension with the EU 27. The Prime Minister has agreed to seek such an extension. The reason this Bill is necessary is that we cannot be sure that certain elements of the Government—or the Conservative Party—will not seek to prevent her carrying out her intention. In fact, I think that the passing of this Bill will strengthen her hand within the Government. With the help of the noble Lord, Lord Pannick, and the noble and learned Lord, Lord Judge, I am sure that the Bill can be improved on Monday, and that will also strengthen the Prime Minister’s hand in her negotiations with the European Union.

The Prime Minister has said that she will seek only a short extension. I would support this. I have always thought that it would almost certainly be necessary to request a short extension. However, I am clear on this. Given the choice between a longer delay and leaving with no deal, it would, to my mind, undoubtedly be in the national interest to agree a longer delay. Only those driven by ideology still believe in a no-deal Brexit. We should all take serious notice of what was said earlier by the noble Lord, Lord Stern, who is no longer in his seat. A much-respected economist from the London School of Economics, he did not in any way exaggerate the dangers of a no-deal Brexit.

It worries me that those from all parties who seek to deliver Brexit but at the same time to minimise economic damage—those who are trying to seek cross-party agreement to get us out of this difficult situation—should be vilified from both the political extremes. I would like to associate myself with the remarks of the noble Lord, Lord Cormack, and other noble Lords, in applauding the efforts of those people—Sir Oliver Letwin, Yvette Cooper, Dame Caroline Spelman, Hilary Benn and others. This is surely a moment for moderation and pragmatism. In this House, and in the other place, we serve the country, not political parties or ideologies.

To my great and profound sadness, we are leaving the European Union. However, it is in that spirit that I support this Bill. I also commend the noble Lord, Lord Rooker, for taking over the Bill—I think it a pity that the Government did not take it over themselves—and I very much hope that on Monday we will pass it.

European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) Regulations 2019

Duke of Wellington Excerpts

Wednesday 27th March 2019 Lords Chamber

[The Duke of Wellington (Con)]

My Lords, I cannot resist rising to support this statutory instrument. As the noble Baroness, Lady Hayter, has already mentioned, last May a very sensible cross-party amendment was carried convincingly by this House, tabled by myself, the noble Baroness, and the noble Lords, Lord Newby and Lord Hannay. Therefore it had complete cross-party support. It was very unfortunate that the Government did not accept it. It was carried here but rejected in the other place.

At the time, the Government stated that they had no intention, under any circumstances, of seeking an extension. However, when first tabled in the other place, the original Bill—subsequently an Act—did not include a date. I fear that the date was only inserted at the behest of the European Research Group. We in this House argued that there was no point in putting in a date when it might have to be changed in circumstances which none of us could, at that moment, foresee. Now that the Government have agreed an extension with the European Union, clearly this statutory instrument must be passed. The Minister has already explained the legal chaos which would be created, now that it is agreed with the European Union, if the exit date were not to be changed in our domestic Act of Parliament. I hope the Minister will accept that point when he winds up.

Although the noble Baroness, Lady Hayter, was a co-signatory with me, I very much regret that I am unable to support her amendment to the Motion. We all have our views about the way the negotiations have been handled and the excessive delays which have occurred, but at this point, we really need resolution, and we must pass the statutory instrument. I hope the House of Commons will, in the next few days, reach an agreed position. If I was there, I would still support the Prime Minister’s deal. Should that not carry, I hope some alternative proposal comes forward. At this moment, we must have clarity for our citizens and our businesses, and, in my opinion, we must support this statutory instrument.

[Baroness Ludford (LD)]

My Lords, we on these Benches support this statutory instrument as a necessary measure to prevent confusion and uncertainty, although, as the noble Baroness, Lady Hayter, and noble Duke, the Duke of Wellington, have said, if the Government had listened to this House when it advised against putting in a fixed date, life would have been considerably easier. Both 29 March and the constant reiteration of the commitment to no extension were ideological fixations. Now, two of those are down out of three. I am looking forward to a Government U-turn on a people’s vote. That would make the trio.

We are sympathetic to the sentiments in the amendment in the name of the noble Baroness, Lady Hayter. I cannot improve upon what she said about the unfortunate way in which the negotiations have been conducted. This is not the place to go on at length about that, but the mess we are now in was predictable and, indeed, predicted. We agree that it would be very odd if the Government said that while they felt instructed by the people, they defied the will of the House of Commons, and indeed, as we have had cause to say before, they refuse to get an update on the will of the people from 2016—which, of course, amounted to only 37% of the people. All the indications are that views have evolved.

The Government have allowed themselves multiple bites at the cherry, as MPs have, but will not allow the people even one chance to rethink. That is very arrogant. We on these Benches would of course want to add to the amendment of the noble Baroness, Lady Hayter, by ensuring that whatever version of Brexit comes out as the top preference of MPs should then be put back to the people, for them to have the final say on whether they support it or wish to opt to remain.

The noble Lord, Lord Forsyth, who is having some fun today, expressed himself astonished yesterday that,

“the Prime Minister can go to a meeting in Brussels and, suddenly, what is in statute is completely irrelevant”.—[Official Report, 26/3/19; col. 1719.]

It is not quite like that. MPs voted for an extension to Article 50 and, for once, the Prime Minister did what the House of Commons told her to. She requested an extension, which became the European Council decision of 22 March. Since we are therefore still in the EU until at least 12 April, EU law is supreme over domestic law. That is how it works. I felt an intervention coming somehow.

Further Developments in Discussions with the European Union under Article 50 of the Treaty on European Union

Duke of Wellington Excerpts

Monday 11th March 2019 Lords Chamber

[The Duke of Wellington (Con)]

My Lords, as always, I declare my European and agricultural interests as detailed in the register, including my membership of the European Parliament from 1979 to 1989—indeed, I was elected to the European Parliament on the same day as the noble Baroness, Lady Quin.

It is difficult to believe that we are today again debating the EU withdrawal agreement. Article 50 was triggered nearly two years ago. The withdrawal agreement of over 500 pages has been negotiated between our Government and the European Union and agreed last November. Under the terms of the withdrawal Act we leave in under 20 days, yet the House of Commons does not appear to be minded to agree the terms of the withdrawal. So, as we have all thought on many occasions, we could not have made this up—a British Government unable to get their business through the House of Commons and a House of Commons apparently incapable of deciding what it wants.

This Parliament and our way of governing ourselves has been admired for centuries. But at this significant moment in our history, as we extricate ourselves from our 46-year close treaty with our European partners, we are failing. The noble Lord, Lord Howard, referred to me having said that before and I apologise for repeating that phrase, but the fact is that we are failing. Every member of the Government and every Member of this Parliament must take some responsibility for that.

From the moment of the 2017 general election, I believe that we became irrevocably committed to honouring the result of the referendum, much as I and many others regretted that. Now we must leave, but with a deal. No Minister of the Crown, nor member of any British Government, can allow the country to leave without a transition period. The risks to so many fragile commercial activities are just too great, and every day we hear of new potential problems.

Should the Prime Minister’s deal not be approved tomorrow, it is almost certain that the other place will vote to reject no deal the following day. At that point, there is no alternative to seeking an extension to the Article 50 process. There have been suggestions that any extension would be a betrayal of the British people, but nothing, actually, could be further from the truth. A short extension of no more than three months is simply a practical way to gain more time to try to reach an agreement and avoid leaving without a deal and all the inherent dangers of such an eventuality. I well understand the misgivings of the noble and learned Lord, Lord Hope, the noble Lord, Lord Bridges, and others about a delay, but the lesser risk is to seek a little more time.

Any MP voting against the Prime Minister’s deal who does not recognise that we will have to seek an extension is in denial. The ultras, who still have an ideological desire to leave at any cost and without a deal, are seriously misguided and cannot be allowed to inflict such damage on the country. Although I have said it before, I feel obliged to repeat my plea to all parties, factions and groups to compromise at this moment. The deal is what we have. It gets us to 29 March and an orderly departure. It gives us 21 months or longer to negotiate our long-term new treaty with the EU. There will be no shocks on 30 March as nothing will change, provided that we leave with a deal. But the negotiation of the long-term arrangements must then have cross-party and intraparty agreement on what we want. We cannot again allow a lengthy and detailed treaty to be negotiated until the Government of the day are confident that they have broad support in the House of Commons.

We are not in a good place, but it is clear to me that the only way out now is to approve this less-than-perfect agreement and move to the next but much more important phase.

Further Discussions with the European Union under Article 50 of the Treaty on European Union

Duke of Wellington Excerpts

Wednesday 27th February 2019 Lords Chamber

[The Duke of Wellington (Con)]

My Lords, as before, I declare my European and agricultural interests as detailed in the register. I also declare, as I have done before, that if I were a Member of the other place, I would vote for the Prime Minister’s deal, either in its current form or with any amendments she may be able to achieve in the coming days. In this sense, I disagree with those noble Lords who have referred to the inadequacy of the proposed deal. We must keep reminding ourselves that it is only a mechanism to get to a transition period and to the serious negotiation about the future relationship.

This debate is really to take note of the Prime Minister’s Statement yesterday, and it would surely be churlish of us not to welcome that Statement. It changes matters considerably.

In passing, I say this. I am sorry the right reverend Prelate is not in his place. He advised us to resist some temptations to which politicians are so often prone. I very much admired what he said.

The sad truth is that our political system has failed badly in the two and a half years since the referendum. In July 2016, no one could have predicted or imagined that, with only five weeks to go before we leave the EU, the Government of the day have so far been unable to negotiate withdrawal terms that have the support of the House of Commons. Even yesterday, the Prime Minister again delayed a second meaningful vote. But at least she now accepts that the House of Commons must be allowed a vote to block a departure without a deal and to require the Government to seek an extension to Article 50—so obvious to so many Members of this House. This recognition of the seriousness of the situation is to be supported, but how sad that it did not happen weeks or even months ago.

Yesterday evening, the Government published a document on the implications of a no-deal exit, as a number of noble Lords have referred to. Within it, there is much information, most of it not new. It repeats what farmers and businesses have been saying for months:

“For example, the EU would introduce tariffs of around 70% on beef and 45% on lamb exports, and 10% on finished automotive vehicles”.


How serious is that? Surely, only the ultras now deny these predictions. I am quite sure that a majority of both Houses of Parliament agrees that we cannot possibly leave without a deal, that we must have a transition period and that, at this stage, we must also seek to extend Article 50. I still do not support another referendum but it looks as if the tactics of the hard Brexiteers are, in fact, making a referendum more likely. I realise, as the noble Lord, Lord Lipsey, just said, that our power in this House to influence these matters is limited but I am sure that we are right to articulate that the mood of the country is not for a no-deal departure. Promoting that concept can only perpetuate the political gridlock from which the escape route may, in the end, become a second referendum.

I think that the wish of the public now is for an orderly withdrawal—a transition period for the multitude of adjustments we have to make and then a long-term trading agreement without tariffs and non-tariff barriers. We must, surely, end up with a close relationship with our nearest neighbours and largest trading partners. We must co-operate on security, on research, in academia and in so many other ways. In the end, in one form or another, we must support the Government’s deal. We undoubtedly need more time. We cannot leave with no deal. I salute the Prime Minister’s eventual recognition of the situation and I hope the House of Commons will, in the next two weeks or before, take the necessary decisions to get us out of this low place of political stagnation.

Brexit: Parliamentary Approval of the Outcome of Negotiations with the European Union

Duke of Wellington Excerpts

Monday 28th January 2019 Lords Chamber

[The Duke of Wellington (Con)]

My Lords, I declare my European and agricultural interests as detailed in the register. It is a great pleasure to follow the noble Lord, Lord Campbell of Pittenweem, who I have always greatly admired.

Since this House last debated the European Union withdrawal agreement, the other place has overwhelmingly rejected the Prime Minister’s proposal and left the country in a state of political paralysis rarely seen before. Surely some sort of cross-party agreement should now be sought.

It would be irresponsible for this or any Government to allow the country to leave the European Union without an agreement. I fear that the warnings from business and from public authorities are not alarmist. For example, it is inconceivable that Calais can handle 10,000 lorries a day from the United Kingdom if they are required by the European Union or the WTO to impose some sort of check or, worse still, tariff. Another example has been provided by the noble Lord, Lord Wigley, who has often rightly mentioned exports of Welsh lamb to Europe; unless the UK has negotiated a quota with the EU such as New Zealand currently has, there will be a tariff and a fixed sum per tonne on lamb exported from this country to Europe. This will cause a large fall in the price Welsh farmers will get this summer for their lambs, to the point where I suspect sheep farming in Wales will not be sustainable. These are only two examples of the multitude of grave difficulties that British business will face with no-deal.

We must not allow the UK to leave the EU without a deal, and it is extraordinary to suggest that moves to prevent no deal are in fact trying to stop Brexit. The vast majority of those who find no deal unacceptable are, at the same time, in favour of an orderly withdrawal that does limited damage to the economy.

We are now seven weeks past the day when the Prime Minister’s deal was meant to be voted on in the other place. I must repeat myself: if I were a Member of the other place, I would support the Prime Minister’s deal however many times it was submitted to the vote. In fact, it is more likely that a way will be found for the deal to pass in the coming weeks. There are a number of amendments to be voted on in the House of Commons tomorrow, which may lead to a conditional acceptance of the deal, subject to further negotiations in Brussels.

Whatever the outcome of the votes tomorrow, I cannot see how we can avoid requesting a short extension to Article 50. I think it should be of three months. This would take us to the end of June. The new European Parliament will not sit until July, and therefore we could avoid holding elections to the European Parliament in late May.

We were told recently from the Dispatch Box that a number of Bills and still several hundred statutory instruments must pass through both Houses of Parliament by exit day. If these are all to receive scrutiny, as they should in this House, I see no alternative to an extension. There is an amendment in the other place to seek to extend until the end of the year. I think nine months is too long, and, what is important, it sends the wrong signal. Three months is more likely to be accepted by the EU 27 member states, particularly if that period is needed to complete the necessary parliamentary procedures.

This is not to thwart Brexit, and should not be considered a defeat by Brexiteers. Rather, it is a return to a standard of good government and legislative competence which currently is at risk. I urge all Members of Parliament, including the opposition parties and the Democratic Unionist Party, to work with the Government to find a majority in the House of Commons to pass a withdrawal agreement and a political declaration.

We cannot leave without a deal. We cannot leave without a transition period. I think we must now accept the necessity of a short extension until 30 June. I hope the House of Commons will be able tomorrow to find a majority for a sensible, pragmatic solution to what is, after all, only a temporary arrangement to enable us to start the negotiations for the long-term relationship and the new treaty between this country and the European Union.

Brexit: Withdrawal Agreement and Political Declaration

Duke of Wellington Excerpts

Monday 14th January 2019 Lords Chamber

[The Duke of Wellington (Con)]

My Lords, I declare my European interests as detailed in the register and my membership of the European Parliament for 10 years in the 1980s. I must start by stating clearly that if I were a Member of the other place, I would vote tomorrow for the withdrawal agreement negotiated by the Government. I was due to speak in this debate in December when we were adjourned. It was, I think, a mistake by the Government not to put the deal to a vote then, and, as a result, we have lost five weeks. But the arguments for supporting the deal remain unchanged.

I voted in the referendum to remain but, with great sadness, I have long since had to accept the result. We must recognise, however, that the economy has already suffered. We have not had the investment or growth that we should have had in the past two and a half years. But both major political parties are committed to honouring the referendum result, and we are leaving. The Government have had the unenviable duty of carrying out the narrowly expressed majority view of the British people to leave the institutional structures of the European Union while minimising the damage to the economy and to the finances of the country.

From the beginning of this process, it has been widely recognised that a transition period will be absolutely essential for all the multiple adjustments which our citizens and businesses must make. If there is no withdrawal agreement, there is no transition period, and all but the ultras recognise that to leave without a deal would be extremely damaging to this country’s interests.

There have been many excellent speeches in this House and in the other place urging a cross-party approach to this matter. This is not a moment to indulge in party-political tactics. Whatever our views on remaining or not in the EU, whatever our party, whatever our previous positions on particular parts of the agreement, we must all now accept that our Government have negotiated a withdrawal agreement which allows us to leave on 29 March in an orderly fashion and with a transition period until the end of 2020 extendable for up to two years.

Of course, the withdrawal agreement contains the now infamous backstop. But it is not widely understood that the backstop is in fact rather advantageous to this country. We have access to the single market; we leave the common agricultural and fisheries policies; we end free movement of people; we make no financial contributions. Surely it is beyond doubt that the EU will not allow us to remain in this privileged position a week or a month longer than absolutely necessary. It is most unlikely that we will ever get into the backstop anyway.

What is so often forgotten in much comment in the press and elsewhere is that a Canada-plus, a Norway-plus or a Common Market II all need a withdrawal agreement before we can even begin the serious negotiation. The European Commission has said, and repeated today, that it wishes to start the process of the talks on the future relationship as soon as possible after the agreement is passed by the other place. So it is clearly in the national interest to agree this deal and move swiftly to the real and much more difficult negotiation on the future.

It is dispiriting to hear so many Members of both Houses criticising the deal. Some are motivated by actually preferring no deal. Some are motivated by wanting a second referendum. I do not support either of those outcomes. If the deal is rejected tomorrow by the other place, it will, I think, become inevitable that we will need to seek a three-month extension to the Article 50 deadline, and a rejection will almost certainly increase support for a second referendum in the country.

Too much of this debate is driven by ideology and not by common sense. This is a moment when we must be pragmatic. We must agree an orderly departure. We must negotiate a very close future economic relationship with our neighbours and most important markets. This House has been most effective in the past when it devises cross-party agreements. As a House, we must be clear that we cannot allow the country to leave the EU without a deal. If, or when, the other place agrees the withdrawal agreement—which in the end it surely must—I hope that cross-party groups or committees from both Houses will make serious recommendations on the best future relationship with Europe.

In the meantime, I urge the Members of the other place tomorrow to abandon their hopes for no deal, for a general election or for a second referendum, and to support this country’s Government at this most difficult time.

European Union (Withdrawal) Bill

Duke of Wellington Excerpts

Report: 6th sitting (Hansard): House of Lords
Tuesday 8th May 2018 Lords Chamber

Moved by

[The Duke of Wellington]

95: Clause 14, page 10, line 40, leave out from “means” to end of line 41 and insert “such day as a Minister of the Crown may by regulations appoint (and see subsection (2));”

[The Duke of Wellington (Con)]

My Lords, this amendment, which I have proposed with the noble Lord, Lord Hannay, the noble Baroness, Lady Hayter, and the noble Lord, Lord Newby, is not the most significant of the various cross-party amendments which this House has passed in recent weeks, but it is nevertheless important. We propose that the wording of the Bill simply reverts to the original drafting. During the debate in Committee on this point, there was near unanimity that the date should be taken out of the Bill.

We have so often been told by Ministers in this House that a certain amendment was unnecessary. Well, it was certainly unnecessary for the Government to amend their Bill during its passage in the other place to fix the date. Article 50 clearly states:

“The Treaties shall cease to apply … two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period”.


So we know beyond any doubt that for the purposes of this Bill, we leave the EU on 29 March 2019, but this date should not be defined and specified in the Bill, in case it becomes necessary and in the national interest to agree an extension, as provided in Article 50. Any extension sought by the Government could be limited to only a few weeks, as the European Parliament elections are now fixed for 23 May 2019 and the Parliament will be dissolved towards the end of April 2019.

I have reread the speech given in Committee by the noble Baroness, Lady Goldie. She said that the original drafting of the Bill, which did not include the date, was unacceptable to the House of Commons but, as I am sure she is aware, Members on both sides of the House of Commons were highly critical of the Government’s amendment to write the date into the Bill. Indeed, the Committee for Exiting the European Union in the other place stated that the government amendments will remove flexibility and create significant difficulties if, as the Secretary of State suggested in evidence, the negotiations,

“went down to the 59th minute of the 11th hour”.

Catherine Barnard, professor of European Union law at Cambridge, described the amendments as creating “an artificial straitjacket”. She said:

“In other words … it creates a rod for the UK negotiators’ backs, weakens any UK negotiating position and adds unnecessary pressure to those in the executive trying to deliver Brexit in a coherent, measured fashion”.


In the face of this strong opposition to the government amendment, in the end a compromise was proposed in the other place by Sir Oliver Letwin to give Ministers the power to change the date. This was passed in a whipped vote.

The purpose of this amendment is simply to give another opportunity to the other place to think about whether including the date is really expedient. What is the point of putting the date in the Bill when it may have to be changed in circumstances which we cannot foresee? If there is a case for putting the date in primary legislation—which I do not accept—it might be more appropriate to put it in the withdrawal agreement and implementation Bill, which will come to Parliament later in the year.

As I said on Second Reading, this Bill is absolutely necessary for the good government of the country. Although Ministers have said that they have no intention of seeking an extension to the two-year period, nevertheless, in legislating the process of withdrawal, we should give them a bit more flexibility to secure and obtain ratification of the best possible deal which will do the least damage to the economy and to the national interest. Ministers should recognise that, from all sides of this House, we are trying to help the Government in their negotiations and in no way to thwart the process. I beg to move.

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[Lord Callanan]

My Lords, I thank all noble Lords for their contributions to this debate. Exit day has been discussed at length throughout the passage of this Bill. Set dates such as this are often crucial to the functioning of any legislation, but I would like to take this opportunity to remind noble Lords of the particular importance of exit day in this Bill.

Exit day is the moment in time when the European Communities Act is repealed. It is the point at which EU laws are converted into UK law, when the deficiencies in retained EU law emerge and when a range of other effects are triggered under the Bill. However, I reiterate that exit day within the Bill does not affect our departure from the EU, which is a matter of international law under the Article 50 process, as my noble friend the Duke of Wellington and the noble Baroness, Lady Hayter, made clear. What it does affect, however, is whether we leave the EU in a smooth and orderly fashion.

The definition of exit day, and how it is to be set out, has been amended significantly since the Bill was introduced to the other place by my right honourable friend the Secretary of State for Exiting the European Union on 13 July last year. My noble friend Lady Goldie has previously described the sequence of events which led us to the current drafting and I will not test the patience of your Lordships by repeating the arguments she made in Committee. What I will say, however, is that, crucially, the Bill left the other place reflecting the reality of international law under the Treaty on European Union. I see no reason, therefore, to change the Bill any further. The final drafting also reflected the concerns of Members of the other place who had been on both sides of the referendum campaign. That fact sits at the core of my opposition to Amendments 74, 95 and 99 in the name of the noble Duke, the Duke of Wellington.

As has been stated on many occasions during Report, this House reviews the legislation sent to it by the other place and highlights—often very well—areas where it does not think due consideration has been given. This point was well made by the noble Lord, Lord Grocott, as a leaver from the West Midlands. As a leaver from the north-east, also an area underrepresented in this House, I have considerable sympathy with his arguments. I therefore cannot why these amendments are seeking to restore something like the original drafting of the Bill when that drafting was considered at great length, on many occasions, and was rejected by the other place.

I also do not agree with Amendment 96 in the name of the noble Lord, Lord Wigley. The Bill is designed to provide continuity and certainty in domestic law as we leave the EU. This must be true in a scenario where we have a deal with the EU, but it must also be true in the unlikely event that there is no agreement between the EU and ourselves. While this is not what anybody on either side is hoping for, it would be irresponsible and out of keeping with the remainder of the Bill not to prepare for that unlikely event. In that circumstance, it would be vital that the Bill did not make reference to concepts which are contingent upon a successful negotiated outcome, such as an implementation period. That would prevent the Bill achieving its objective as agreed at Second Reading, because in that scenario further primary legislation would be required to alter exit day and provide for an operable statute book. Even in the Government’s preferred scenario of a successfully negotiated withdrawal agreement, including of course an implementation period, the noble Lord’s amendment presumes that no substantive provisions of this Bill will be required until the end of that implementation period.

While I do not want to be drawn into a discussion about the legal construction of the implementation period, which will be a matter for the withdrawal agreement and implementation Bill—I have no doubt we will have great fun in our opportunity to consider that—I do not think that the noble Lord can be certain in his assumption. This is the real issue with the noble Lord’s amendment: it attempts to use this Bill to legislate for the implementation period. But the Government have been quite clear that the implementation period will be a matter for the withdrawal agreement and implementation Bill once we have agreement. This Bill is deliberately and carefully agnostic about whatever deal we strike with the EU, prejudging neither success nor failure in negotiations.

Of course, we hope and expect to be successful in these negotiations, and our continuing progress demonstrates good movement towards that goal. I hope that noble Lords will reflect the compromise reached by the elected House, and therefore I respectfully ask the noble Duke to withdraw his amendment.

[The Duke of Wellington]

My Lords, I will respond first to the pertinent question from the noble Lord, Lord Butler. I did not mean to imply that, under the Article 50 process, there could not be a longer extension. I just feel that, as a practical matter, it is unlikely to be practical to extend for more than a few weeks, because the European Parliament will indeed be dissolved in late April prior to the European elections in May 2019.

[Lord Butler of Brockwell]

Are we not talking about two types of extension? As the noble Baroness, Lady Hayter, said, the European Parliament will have to approve or disapprove the agreement before it adjourns. But it could agree a deferment of the date on which the UK leaves the EU by a much longer period, could it not? It would be within its power to do that.

[The Duke of Wellington]

With the unanimous agreement of all members of the European Council a delay can be agreed without a term. That is unlikely. I referred to the European Parliament elections because that is a practical deadline in this process. That is the point there.

I agree strongly with the point made by the noble Lord, Lord Grocott, that this Bill must be passed. There is no doubt that we need this Bill for the good governance of the country, as I said earlier and at Second Reading. However, I do not agree that this should be construed as a device to delay Brexit by more than a short period for technical reasons.

I agree with the noble Lord, Lord Cormack. He said that we have a duty to improve this Bill and we have done so in many ways in the 10 or 11 amendments that we have so far passed.

This amendment and the related amendments give the other place an opportunity to think again about the expediency of including a date in this Bill, and it is right that we should test the opinion of the House.

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Moved by

[The Duke of Wellington]

99: Clause 14, page 11, line 38, leave out subsections (2) to (5) and insert—
“(2) In this Act—(a) where a Minister of the Crown appoints a time as well as a day as exit day (see paragraph 19 of Schedule 7), references to before, after or on that day, or to beginning with that day, are to be read as references to before, after or at that time on that day or (as the case may be) to beginning with that time on that day, and(b) where a Minister of the Crown does not appoint a time as well as a day as exit day, the reference to exit day in section 1 is to be read as a reference to the beginning of that day.”

--- Later in debate ---

Moved by

[The Duke of Wellington]

74: Schedule 7, page 48, line 21, leave out paragraph 10 and insert—
“Power to appoint “exit day”
10_ A statutory instrument containing regulations under section 14 which appoint a day as exit day may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”