(4 years, 1 month ago)
Lords ChamberMy Lords, will the Minister explain how, in this intense phase of the Brexit negotiations—the tunnel—our chief negotiator will have the time for his induction into his new role? Does he accept that there is a strong risk that the Brexit negotiations will not be concluded by the end of September, and that the undivided attention of the chief negotiator is needed until they are concluded?
My Lords, I do not agree that there will be a difficulty. The announcement suggests that Mr Frost will take up his appointment around the end of August, and, as the noble Lord said, there will be a period of handover. Mr Frost will remain chief negotiator for the EU talks until agreement is reached, or until they end. That will remain his first priority. As I have already said, he will also be ready to answer to Select Committees of the House in that period.
(4 years, 2 months ago)
Lords ChamberMy Lords, I will preface my answer by saying that some noble Lords will have seen the name of my noble friend Lord Forsyth on the speakers’ list. It is not that he has not turned up; he suffered a close family bereavement, and I know that all noble Lords who may be asking themselves why he is not here will understand that.
The noble Viscount’s question was framed in a manner about the cultural, social and instinctive links that the United Kingdom has with other European nations. Some of those have been institutional links of different sorts, while others have been links that are not in any sense political. I am personally committed, as are the Government, to maintaining the closest possible cultural and societal links between the nations of Europe. The question is what institutions are required to secure that. I submit that the European Union is not one of them; other institutions and arrangements are currently still under consideration.
My Lords, Michel Barnier, in his remarks following the fourth round of negotiations, said that the full legal text of the future relationship was needed by 31 October for planning and ratification reasons. There is no mention of these constraints in the Statement. Does the Minister agree with Monsieur Barnier’s analysis? If not, what is the date by which a full legal text is needed?
My Lords, I shall not go into specific dates regarding the text. We have published texts at appropriate stages of the negotiations. We have said—and the Prime Minister said again at the high-level meeting—that October is too late for us to get serious. If I remember, those were his words. I think that the intensification in the negotiations will help us to answer the noble Earl’s question and others.
(4 years, 2 months ago)
Lords ChamberMy Lords, I think that the scientific evidence is relatively clear that the risk of transmission of the disease declines exponentially with the distance between people who are interacting with one another. The argument, of course, is about the level of risk that we are prepared to take—the shorter the distance, the greater the risk; it is relatively simple. However, I support my noble friend’s concerns and I hope that the debate will continue.
My Lords, the time allotted for this Question has now elapsed.
(4 years, 2 months ago)
Lords ChamberMy Lords, there is regular contact between government Ministers and Ministers in the devolved Administrations. Those contacts will continue.
My Lords, Michel Barnier, in his statement of 5 June, following the fourth round of negotiations, referred to the need to have
“a full legal text by 31 October at the latest, i.e. in less than 5 months.”
Does the Minister agree with that timetable? If not, what does he think the latest date is for a full legal text?
My Lords, the Government still hope to have a successful outcome, as I said. Mr Frost indicated some measures that might be taken to intensify discussions. There will also be, as noble Lords know, a high-level meeting later this month.
(4 years, 3 months ago)
Lords ChamberThe status of Northern Ireland under the protocol is well known and often discussed. Northern Ireland will effectively be operating within the EU single market but also within the internal market of the United Kingdom. The arrangements that we have put in place are envisaged in the protocol but, at present, the details of their implementation are under discussion.
My Lords, I too welcome the arrival of the White Paper, if not everything in it. The transition period began at the end of January, with 11 months to plan and agree matters in Northern Ireland, of which just over seven months remain. However, the White Paper sets out for the first time a host of necessary future actions, with some important workstreams yet to start. These include data flows, new groups and fora, as well as new physical infrastructure for the agri-food sector. Can the Minister assure the House that the klaxons are sounding and that there is now real urgency and momentum behind preparing Northern Ireland for life under the protocol?
My Lords, I do not know about klaxons; I have always found them rather unpleasant. The United Kingdom Government regard Northern Ireland and its people as equal in every way to the rest of the United Kingdom and thus deserving the same privileges and the same attention. I can assure the noble Earl that whatever problems there have been with Covid—we all recognise the need to deal with them—we have engaged, we are engaging and we will engage on the principles and the practicalities of making these systems work, and indeed making them work for the benefit of the people of Northern Ireland. At all stages, we will respect the Good Friday agreement and the need to carry the consent of parties on both sides of the sectarian divide.
(4 years, 3 months ago)
Lords ChamberMy Lords, in the last week my committee has had meetings with senior representatives of the European Commission, the European Parliament and the EU 27. An emerging theme has been the need to rebuild mutual trust, and a vital part of addressing that is interparliamentary work. When asked about the EU proposals on inter- parliamentary work, the Minister told the House on 12 May:
“the government are keenly supportive of such proposals”.—[Official Report, 12/5/20; col. 657.]
Michel Barnier talked on 15 May of a “lack of ambition” on the respective roles of the European Parliament and the British Parliament. I ask the Minister: which is correct?
My Lords, I do not think there is any distinction between the two. The Government wish to see good relations between this Parliament—both your Lordships’ House and the other place—and other parliaments around the world, including the European Parliament. But it remains the Government’s view that while we are of course supportive of dialogue between parliamentarians, it is for your Lordships and those in the other place to determine how they wish to engage; it is not for a Government to bind this and future Parliaments to a particular methodology by a treaty.
(4 years, 3 months ago)
Lords ChamberMy Lords, while there is not time for the usual courtesies, I must begin by thanking my predecessor as chair, the noble Lord, Lord Boswell of Aynho, for his long service to the committee and his excellent and hugely informative opening speech; it was a fitting swan-song.
I shall focus only on the institutional structure for the future EU relationship, and in particular its parliamentary dimension. Our relationship with the EU—its 27 member states and 450 million citizens—will be complex, and a relationship of such complexity will need structure. Within that structure, the parliamentary dimension will be vital: to support dialogue, to build relationships and to promote transparency.
There are many precedents on which we could draw in designing such a body: for instance, the British-Irish Parliamentary Assembly or the Council of Europe Parliamentary Assembly. There are also precedents on the EU side. Indeed, the EU’s March draft agreement included a clause setting up a parliamentary partnership assembly, made up of representatives of this Parliament and the European Parliament. While I do not agree with every word of the EU’s proposal, I welcome it as starting point.
When questioned by my committee on 5 May, Michael Gove agreed that
“engagement, discussion and dialogue between parliamentarians is always a good thing”,
but insisted that it was not for the Government to
“prescribe exactly how Parliament chooses to operate.”
The Government have placed the onus on Parliament to respond to the EU’s initiative. I understand the constitutional propriety of that position, but how, given the large Commons majority, is Parliament to act unless the Government take the lead?
As chair of your Lordships’ committee charged with considering EU matters, I believe very strongly that we need to establish a structured interparliamentary dialogue as part of the future relationship. Indeed, the committee supports that. My question to the Minister is: how exactly do the Government expect Parliament to signal its support for an interparliamentary body? Will a report from my committee be sufficient? Or a joint enterprise with the Committee on the Future Relationship with the European Union in the House of Commons? I am happy to do whatever it takes to try to break this logjam and I ask the Minister for his help.
(4 years, 3 months ago)
Lords ChamberMy Lords, I am not going to follow the noble Lord into considering history; otherwise, one could go back further and further into how we got into the 2008 crisis and so on. The thing we must do now is to go forward and look forward. I cannot at this virtual Dispatch Box anticipate what the Chancellor will do in managing the economy as and when we come out of this crisis, but it is this Government’s firm resolve to level up, as the Prime Minister has repeatedly stated. Indeed, in in this crisis, as we know, additional resources have been given to local authorities and the social care sector. Of course, I understand, accept and share the spirit of the noble Lord’s remarks, if not following him in every detail.
Baroness Pinnock? Baroness Pinnock is not responding. Baroness Watkins of Tavistock.
PPE is of course of fundamental importance. If anybody in the country did not realise it at the start of this crisis, it is fully understood now. Ministers have always understood it. We had a large stockpile. Great efforts will continue to be made to ensure that our front line has sufficient equipment. I note the points that the noble Baroness made about the experience of Spanish flu, and I would certainly be interested in talking to her about it on another occasion, but I must reiterate that the Government are 100% committed to securing a stable and safe supply of PPE now and in the future.
Following on from the noble Lord, Lord Laming, I want to explore the needs of local authorities a bit further. Councils of all political persuasions are very concerned about the considerable shortfall in the funding they need—for example, to prevent the failure of private sector social care provision. Will the Minister join me in urging the Government to meet this large and urgent need for additional funding—over and above, I have to say, what has already been provided to local government during this crisis?
My Lords, I regret that the sound was not very good for my noble friend’s question. I certainly caught her concern for farmers, and I take that point; my right honourable friend George Eustice has been addressing that matter. I am sorry that could not catch the other parts of her question, but I will ensure that she gets a written reply.
My Lords, that concludes Back-Bench questions on the Statement. The day’s Virtual Proceedings are now complete and are adjourned.
(4 years, 5 months ago)
Lords ChamberThat this House agrees with the conclusion of the European Union Select Committee, that the Council Decision authorising the opening of negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland, published in draft on 3 February 2020, and adopted in amended form by the General Affairs Council on 25 February 2020, raises matters of vital national interest to the United Kingdom.
Relevant document: 8th Report from the European Union Committee
My Lords, I thank those who, despite difficult national circumstances, have signed up for this debate. I extend my best wishes to those who are, for entirely understandable reasons, staying away from Westminster.
This is the first time that the House is debating a Motion under Section 29 of the European Union (Withdrawal Agreement) Act. Section 29 imposes a duty and a power on the European Union Committee of this House. This is in addition to the remit already reflected in our terms of reference, which, inter alia, is to help inform parliamentary and public debate on EU-related matters. The new Section 29 comes into play once we have identified a document of “vital national interest”, and leads on to the production of a report, a Motion and a debate in a relatively short timespan. The document we are concerned with today is the Council’s decision that was adopted on 25 February: the EU’s negotiating mandate for our future relationship.
Before I address the detail of the report, I will say how glad I am that the Government have tabled their Motion today, as we had expressed our regret—at paragraph 29 of our report—that the UK Parliament had not had the opportunity to debate these vital matters to date. The fact that the Government also have put down their Motion sets a good precedent. Can the Minister commit to tabling further Motions in government time as and when there are significant developments in the negotiations?
I thank Michael Gove, who has agreed to appear before us shortly. However, we are still trying to establish clarity and structure as to how the Government will work with committees scrutinising the future relationship negotiations and, importantly, the withdrawal agreement’s implementation. As a committee, we have commented on this several times. It is very important to get it right. Will the Minister commit to working with me in agreeing in short order the structure of this engagement for the months ahead?
Our report is neutral, factual and analytical. We have sought to compare the Council decision of 25 February with the Government’s command paper of 27 February on the future relationship and the political declaration that was agreed by both parties in October 2019. A further relevant item is Article 184 of the withdrawal agreement, ratified in January this year. This places a treaty obligation upon both parties to
“use their best endeavours, in good faith and in full respect of their respective legal orders, to take the necessary steps to negotiate expeditiously the agreements governing their future relationship referred to in the Political Declaration”.
The Council decision is structured very similarly to the political declaration, with some texts simply copied over. Naturally, there are areas where the EU has expanded on the political declaration, a number where the emphasis has changed and some that are omitted. Broadly, however, the council decision is a mark-up and development of the political declaration, and this has facilitated our analysis.
Things have been rather more difficult where the UK’s Command Paper is concerned. During the passage of the withdrawal agreement Act in January, we heard from the noble and learned Lord, Lord Keen of Elie, who said:
“The political declaration ... sets out the framework for a comprehensive and ambitious free trade agreement with the EU. The general election result has clearly shown that the public support that vision and we consider that we have been given the mandate to begin negotiations on that basis.” [Official Report, 13/1/20; col. 553.]
This was clarified later by the noble Lord, Lord Callanan, who said that
“the Government’s vision for the future relationship with the EU is already set out … in the political declaration”. [Official Report, 20/01/20; col. 1004.]
Yet the Command Paper is a wholly different structure from that of the political declaration and is instead based on existing EU free trade agreements, such as its Canadian and Japanese ones. This makes it very difficult to conduct a line-by-line comparison with the political declaration, or to trace and explain changes to the Government’s position since the political declaration was settled in October last year.
At paragraph 26 of our report we said:
“It would be helpful if the Government, without prejudicing its negotiating position, could publish a comparative analysis of the Political Declaration and the Command Paper, explaining the changes in its approach.”
Will the Minister commit to provide this in the near future?
The bulk of our report is taken up by a comparison of the UK and EU opening negotiating positions. These are opening positions; it is the haka at the start of a match, and both sides will have left themselves room to manoeuvre. But the current trajectory, as exposed by our analysis, is clear: the two sides are currently diverging, not converging. I draw your Lordships’ attention to four examples.
The first is the overarching structure that the two sides state they are aiming for. The Council decision envisages a single association agreement. The Command Paper proposes a “suite” of agreements within a “broader friendly dialogue”. It would be helpful to hear from the Minister about the strength of feeling that the UK has on this.
The second is fisheries—I have no doubt we will hear more about this in the debate. I stress that this is very much one area where the devolved Administrations need to be involved. The political declaration looks to a new fisheries agreement but lacks detail in this difficult area. Both sides have now set out their vision in considerable detail. There is a lot to be said for the Government’s position, in particular their reliance upon scientific evidence. But it is fundamentally incompatible with the EU’s position, and it is not easy to see how this gap will be bridged.
Thirdly, and equally difficult, is the “level playing field”. The political declaration again lacked detail in this difficult area. Since agreeing the political declaration, the EU has toughened its line, as we set out in paragraphs 107 and 108 of the report. The political declaration contained no explicit reference to continuing UK alignment to EU rules. Instead, it referred to
“appropriate and relevant Union and international standards”.
The Council decision now wants to use
“Union standards as a reference point”
and, more importantly, for EU state aid rules to apply “to and in” the UK. So the EU’s position has hardened, and state aid will necessarily be a key point of disagreement. Again, the widening gap looks hard to bridge, not least given the position of Northern Ireland, where EU state aid rules will apply directly as a result of the Northern Ireland protocol of the withdrawal agreement.
My fourth and final example concerns foreign and defence policy. The Government have set their face against a formal structure and there are no discussions about this in the future relationship negotiations. The terms of reference document notes that while the EU would be open to have them, the UK feels that none are needed. The political declaration on this area states that the future partnership
“should provide for appropriate dialogue, consultation, coordination, exchange of information and cooperation mechanisms.”
To take sanctions as an example, co-ordination is vital if they are to have real bite. It seems to me that effective co-ordination would require at least some structure. Given the political declaration’s language, I ask the Minister to comment.
We expect both sides to produce draft legal texts shortly—indeed, the EU’s text was leaked over the weekend. I have received four copies through separate leaking arrangements. It is 441 pages long. I very much hope that we will be able to scrutinise both texts. The risk is that, on the current trajectory, these texts will reinforce the divergence between the UK and EU approaches and that, in effect, both parties could back themselves into opposing corners.
In closing, I come to time: the ticking clock so often cited in this era of silent digital timepieces. The Government’s insistence on the 31 December deadline and the threat of walking away after June have added greatly to this time pressure. Current world events must be adding further to it. Statecraft might be best served by at least some flexibility here.
I hope that the Minister will offer a considered explanation of the Government’s approach to the negotiations. I certainly do not expect him to give away the Government’s negotiating confidences. However, simply restating their demands and insisting that they will walk away if those are not met is not enough for Parliament in our bounden duty to play our scrutiny role in these vital negotiations. I beg to move.
That is the point I am trying to make; this should have been answered in the report. It does not matter where it comes from. Whether our closeness to the EU makes any difference to our relationship with it is questionable. The problem is that we have had the nerve to vote in favour of leaving the EU. Therefore, the EU must redefine the position of a country that leaves so that it can mete out special treatment to that country and somehow discourage others from leaving as well. This report should have addressed these issues. Does it make any difference whether or not a country is close to the EU? Does the size of trade make any difference? I agree that our trade with the EU is probably greater than that with the United States, but the United States does a massive amount of trade too. Nobody is asking for a level playing field with the United States, and they would be told where to go if they tried. We should be questioning these things, as I hoped the report would. Perhaps the noble Earl, Lord Kinnoull, can tell me why this was not included in the report.
Certainly I can make some practical points on the very interesting questions that have been raised by the noble Lord. These are vital documents that have become public. There has been no opportunity for Parliament to read a report or have a debate. We were given a power and a duty under Section 29 of the Act. We heard a very interesting interpretation of that, which I am afraid I disagree with. If we were to write and address a separate question, we would have to take evidence or find evidence in the stock of evidence that we have, and there was no time to do that. The second of those documents, the Command Paper, arrived on 27 February. We had a report agreed by people on every position of the spectrum agreed by 3 March. We felt that it was important to bring it to the House immediately so that we could have this very interesting debate.
The document that I am reading says that this statement was made on 18 February. That is quite a distance from 3 March, when the report went to the printers. I question whether you can reach a decision as a committee unless you have taken evidence. The whole business of whether how close you are to the EU counts or whether the size of your trade is a determinant factor is surely something that the committee can make its mind up about without taking evidence.
Section 29 addresses that issue. The Command Paper—a key document in our report—was issued on 27 February. I do not have Section 29 in front of me, but it says specifically that such evidence as we have deemed necessary should have been taken. I am sure we would have loved to read a report about a whole lot of other very interesting questions, but unless we had the evidence on file we would have had to have taken more evidence, which would have slowed things down immensely.
We could go on arguing about this indefinitely. However, the noble Earl is rather underestimating the intellectual abilities of his committee if it cannot reach a conclusion on this relatively simple issue without taking evidence. I will move on to the amendment in the name of the noble Baroness, Lady Hayter.
My Lords, very briefly, I thank the staff of the committee. As I tried to explain in an obviously unsatisfactory answer to the noble Lord, Lord Hamilton, this was done in a tremendous rush, with lots of late-night oil being burned, because we got the Command Paper on 27 February and the staff and the whole committee had agreed to our report by 3 March. I hope the House feels that we performed our duty in trying to do that.
Secondly, I thank everyone who has spoken in our four and a half hours of debate, which I found fascinating. New points and new thoughts have been put to me—I live in this world 24/7 and enjoy everything—and it has been rich in content.
One gypsy’s warning was given. About half the membership mentioned Northern Ireland and I hope the Minister will reread the excellent speech of the noble Lord, Lord Kerr of Kinlochard, which summarised the issues and got to the nub of them. I should say, as a minor piece of advertising, that we worked together in Northern Ireland and have taken evidence both there and here. Our next work will focus in that direction, and I hope we will have the opportunity to consider what we have found out today on the Floor of the House. This is definitely something that needs attention. It is not an unwinnable position at all, but it needs attention; it is a gypsy’s warning.
I will comment finally on whether our report answers our own question on divergence. I am afraid it does not. There are two elements that one is asking for with divergence: an explanation as to what has diverged, and the justification for why it is right to diverge. In our report, through burning the midnight oil, we have been able to do a reasonable job of explaining what has diverged. We will ask Europeans why they are diverging—I tried to point out that there were divergences on both sides. As scrutineers, we will also need to ask the Government to explain and justify why the divergence is taking place, assuming that there will be future divergence. I am afraid that our question on that is still live. I hope that, when the Government respond to our report, we will get some clues.
I very much welcome the committee’s intention to look at Northern Ireland. For some time, the Government said of the Irish border that it would all be all right on the night and we should not worry about it. They then conceded that there was something to worry about—and the agreement protects the open border, provided it is maintained. But there is still considerable denial about de facto checks and a virtual border in the Irish Sea. I very much welcome the committee’s intention to look at that.
I thank the noble Lord for that. Here, I point to the very important intervention on that issue by the noble Lord, Lord Lamont of Lerwick. He pointed out that the situation is quite dynamic. If a free trade agreement results, it will greatly reduce, although not eliminate, the list of problems.
This has been an excellent debate and I thank everyone again. I commend the report to the House.
(5 years, 7 months ago)
Lords ChamberMy Lords, it is a pleasure to follow the noble Lord, Lord Bruce of Bennachie, who spoke with his customary clarity. I, too, congratulate the noble Lord, Lord Lisvane, on securing this important debate.
I shall make just two points. The first concerns arrangements for intergovernmental relations in our union. Our intergovernmental arrangements are completely out of date. The governing document is a 60-page memorandum of understanding dated October 2013. Our Constitution Committee produced a report, Inter-governmental Relations in the United Kingdom, in March 2015 and made many recommendations. It produced a second report, The Union and Devolution, in May 2016 and made further recommendations. The Government’s response to the first report turned up only in January 2017. In the meantime, nothing has happened to the memorandum of understanding, yet since it was published in October 2013, we have had the Scottish referendum, the Scotland Act 2016, the Wales Act 2017 and now Brexit. The landscape has changed and is changing further. Much more power over many more areas resides with devolved structures, yet the Government have not followed up and have ignored the compelling reports of the Constitution Committee. This failure to engage in a calculated reconstruction of how intergovernmental relations work in the union is a very risky omission and action is needed. Can the Minister tell us what is happening and what the timetable is for having new arrangements?
My second point concerns inter-parliamentary arrangements in our union. The EU Select Committee’s July 2017 report Brexit: Devolution concluded that there was a need for more inter-parliamentary dialogue and co-operation. For Brexit, we recommended regular joint meetings between the relevant committees with responsibility for Brexit-related issues in the Scottish Parliament, the Welsh and Northern Ireland Assemblies, and of course at Westminster. We recommended that these take place for the duration of the Brexit negotiations. We went on to say, at paragraph 298:
“In the longer term, we also see a need for a strengthened forum for interparliamentary dialogue within the post-Brexit United Kingdom”.
The Interparliamentary Forum on Brexit was established as a direct result of these recommendations. The forum brings together the chairs of the committees scrutinising Brexit-related issues in Westminster and the devolved Administrations. In the House of Lords, this includes the EU Select Committee, the Constitution Committee, the Delegated Powers Committee, and the Secondary Legislation Scrutiny Committee. Representatives of the Northern Ireland Assembly of course cannot attend but officials come as observers. The forum has met five times so far and is meeting for a sixth today, here in the House of Lords as we speak. Those at the forum, whatever their views on the union or on Brexit, come together to discuss the Brexit process and the implications for the devolution settlement that flow from it. Participants have been clear that the combination of interesting agendas and the ability to meet and discuss matters with opposite numbers has been most valuable. Today it will discuss the Brexit developments of the past few days and will meet the Minister for the Constitution, Chloe Smith, to discuss intergovernmental relations.
In closing I ask the Minister my second question: does he regard this as a heathy development? Does he think it is a possible template for a necessary formal inter-parliamentary strand of the UK’s devolved structure?