(5 years, 9 months ago)
Lords ChamberMy Lords, I will briefly add my strong support to the noble Lord, Lord Empey. He has made an extremely important point, which is all the more important because the Executive are not in being and the Assembly is not meeting. It is therefore incumbent on this House and the other place to look in some detail at matters which affect the lives of people throughout Northern Ireland. I add my plea to his: we should not indulge in this process again, especially during a time when Northern Ireland has no adequate devolved government.
My Lords, the noble Lord, Lord Empey, makes an extremely strong case. Surely the presumption should always be against an extraordinary procedure. We have had this a number of times in respect of Northern Ireland legislation, and the case being made by Members of the House from Northern Ireland seems to me to merit very serious consideration by the Leader.
My Lords, I also support my noble friend Lord Empey, who I have known for a long time and who was a very distinguished Minister in Northern Ireland. He knows a lot about Northern Ireland legislation. It is not just that the Northern Ireland Assembly is not sitting at the moment—which is a very strong argument. It is also about the business of this House. I know that my noble friend Lord Adonis will agree that for the past few weeks, and in the coming few weeks, our Order Paper has been full of hundreds of statutory instruments, most of which we hope will not be needed. We heard earlier from the Home Office Minister, the noble Baroness, Lady Williams, in reply to one Question, that no deal was an unlikely outcome.
It is outrageous that Northern Ireland legislation, which is important and which we should be looking at in detail, is not looked at properly, whereas we are being flooded with all these statutory instruments, hundreds of which we hope will be totally unnecessary and void. I strongly support the noble Lord, Lord Empey, and I hope we can say that support in this House is coming from all sides, just as it did in the House of Commons.
(5 years, 11 months ago)
Lords ChamberLeave out from “that” to end and insert “the debate in the name of Lord Callanan be concluded on Wednesday 9 January and in accordance with the usual rules of debate”.
My Lords, in view of the votes of the House of Commons earlier this afternoon, I will not move this amendment.
(6 years, 6 months ago)
Lords ChamberMy Lords, on behalf of the serried ranks behind me I enter a note of dissent and say how surprised I am that the Bill is returned to us this evening before your Lordships have even had a chance to read the Hansard account of what was said in the House of Commons just three hours ago, still less to consider it. Our Printed Paper Office in mid-afternoon did not even have a copy of David Davis’s critical Written Ministerial Statement published at 1pm. I had to tell the Printed Paper Office that I thought it existed and the Printed Paper Office had to tell me to go to the Vote Office in the House of Commons to get a copy because none was available in your Lordships’ House.
Throughout the passage of the Bill I have made an issue of these important procedural points, at the cost of making myself less than wildly popular with the Whips, because, as is becoming increasingly clear, what is happening on the Bill is a dry run for the decisions that Parliament will take on the EU withdrawal treaty—or the lack of a withdrawal treaty—in the months to come. Those decisions are probably the most important that we will take in our time as Members of this House and this Parliament and I therefore wish to put on record what I think many Back-Bench Members of your Lordships’ House believe, which is, first, that it should ultimately be for the House and not for the Whips, still less for the Government, to decide when and for how long we debate these vital matters of state, and secondly, that we should not bow to the instructions of the Government Chief Whip when the noble Lord, Lord Taylor, is behaving unreasonably.
It is not reasonable for us to consider the Commons Reasons before we have even had a chance properly to read and consider what the House of Commons said.
My Lords, I second what the noble Lord, Lord Cormack, has said. I do not think the mood of the House has been at its best this evening.
After the courageous speech of the noble Viscount, Lord Hailsham, on Monday, many of us were extremely disappointed that the other House did not assert the democratic power of Parliament and support the amendment of the noble Viscount and Mr Dominic Grieve. I watched the proceedings of the House of Commons from the Gallery, sitting next to the noble Duke, the Duke of Wellington, and the only comment I will make on that is if I go into battle in future, I would rather do that behind the noble Duke, the Duke of Wellington, than the Duke of York.
The position as it now stands is both highly confused and highly unsatisfactory. The text of the Bill says that in the extreme crisis of a proposed no-deal Brexit, all that the House of Commons will be allowed to do is to debate a take-note Motion. I was watching the House of Commons debate from the Gallery—we still do not have the Hansard account of it—and the most telling contribution was from Mr Hilary Benn, who put it like this: if future generations ask us what we did, all we can say is, “I took note”. As he also said, in this extremity, the job of Parliament,
“is not to take note; it is to take charge”.
When people say that Parliament should not give instructions and cannot negotiate, which has been the mantra of the Prime Minister in recent days, that misses the point that Parliament rightly gives instructions to the Executive all the time. That is why they are called the Executive: their job is to execute the will of Parliament.
The Commons even issues instructions on matters of peace and war—and rightly so, because we are a parliamentary democracy. When in 2013 the House of Commons declined to support David Cameron’s recommendation for the bombing of Syria, after the vote the then Prime Minister said:
“I believe in respecting the will of the House of Commons. It is very clear that the House does not want to see British military action. I get that and the Government will act accordingly”.
In the case of a no-deal Brexit, it is absolutely within the power and duty of the House of Commons, as the sovereign power in this democracy, similarly to tell the Government that this is not acceptable and that an alternative course should be followed. The Government then have a democratic responsibility to act accordingly.
This brings us to the curious Written Ministerial Statement from the Secretary of State for Exiting the EU, which was tabled at 1 pm today. It says:
“It will be for the Speaker to determine whether a Motion when it is introduced by the Government under the European Union (Withdrawal) Bill is or is not in fact cast in neutral terms”.
As that is precisely what the Standing Orders of the House of Commons say in any event, that is saying nothing at all—and, crucially, those Standing Orders specifically say that Motions in neutral terms are unamendable, which is the precise point at issue.
There is then this sentence:
“The Government recognises that it is open for Ministers and members of the House of Commons to table motions on and debate matters of concern and that, as is the convention, parliamentary time will be provided for this”.
I am not giving way. The noble Lord spoke at huge length on Monday and I am taking my opportunity to speak.
To my great surprise, this satisfied Mr Grieve. All I can say, having, like other noble Lords, spent more than 100 hours in this House on the European Union (Withdrawal) Bill, is that I simply do not trust the Government to uphold these constitutional conventions. The noble Lord, Lord Callanan, David Davis and Jacob Rees-Mogg are not interested in parliamentary conventions; they are ruthlessly determined on a hard Brexit. It is not only them; the Prime Minister now routinely ignores resolutions of the House of Commons —because she so often loses them—and has propounded a remarkable new constitutional doctrine that the Government regard themselves as bound only by statutes, not by other resolutions of the House of Commons.
It was precisely because of this dangerous new doctrine of government sovereignty trumping parliamentary sovereignty—
My Lords, I have made it very clear that I am not giving way to the noble Lord.
It is precisely because of this dangerous new doctrine of government sovereignty trumping parliamentary sovereignty that those of us standing up for parliamentary democracy sought to enshrine these key procedural issues in the Bill. It is a sad day for Parliament that we did not succeed and that we may now be dependent on the Government to observe conventions that they have so far been unwilling to preserve.
I will make one final point on the position of this House. We have been remarkably assiduous on this Bill. I think it is true to say that we have spent longer debating it than any other Bill in our entire 800-year history—and, tellingly, we spent about 50% longer debating it than did the House of Commons. As a long-serving Member of your Lordships’ House, perhaps I may be allowed to say that our besetting weakness in this House is self-congratulation. It is not helped by the fact—I learned this trick as a Minister—that making a great show of congratulating the House on the brilliance of its revision is a seduction technique to minimise the extent of that revision.
In defence of the noble Lord, Lord Callanan, he has not gone in for much seduction, but there has been far too much self-congratulation on the other Benches of this House in the face of the reality of the situation that we face. The reality, as I see it, is this. We are presently on course for a hard Brexit and there is still no provision in statute to prevent such an outcome. On the contrary, the Government, with wafer-thin majorities—but none the less sufficient majorities—in the House of Commons have fought off all attempts at setting new national policy on a sensible and credible course. The truth is that for those of us in both Houses of Parliament who favour a sensible Brexit, and a people’s vote to allow the people to stop Brexit—
My Lords, I am drawing my remarks to a close. My noble friend can speak in a minute.
The truth is that those of us who favour a sensible Brexit or a people’s vote to allow the people to stop Brexit have suffered an unmitigated defeat on this Bill. Victories are not made up of accumulated defeats. We need to start winning soon or the country will lose very badly when the British people are forced into a hard Brexit that will make everyone poorer in only nine months’ time.
My Lords, when the noble Lord declined to give way either to me or to his noble friend Lord Grocott, one of his explanations was that on Monday I spoke for too long when I troubled your Lordships with a brief intervention. I invite the historians of our debate to examine how long and how often the noble Lord, Lord Adonis, has spoken in comparison with some of the rest of us.
I have listened to the comminations of the noble Lord, Lord Newby, my noble friend Lord Cormack and at length of the noble Lord, Lord Adonis. I note the empty Benches of the Labour Party opposite. The party which fills those Benches tried to stop this Bill and then sends its people home when it thinks it has no chance of bringing the Government down—
(6 years, 8 months ago)
Lords ChamberWe have been very clear that we believe we will find a satisfactory position on the Irish border. We are clear about that and we believe it is bound up with the discussions around our future relationship. Noble Lords will have ample time and opportunity to discuss that in more detail when the Bill comes to the House.
Will the noble Baroness say why the December agreement between Britain and the European Union referred to full regulatory alignment between the Republic of Ireland and Northern Ireland but not full regulatory alignment between the Republic of Ireland and the United Kingdom?
As I have said, we remain committed to what was in the agreement. We will be working with the EU to move forward and to make sure that we get the proper and correct situation on the Irish and Northern Irish border that we are all seeking.
(6 years, 9 months ago)
Lords ChamberI thank my noble friend, and I am sure this is something that is on the minds of my colleagues.
My Lords, has the Leader of the House seen the statement that the Russian embassy has put out in response to the Prime Minister’s Statement this afternoon, and the statement by the Russian Ministry of Foreign Affairs? It says:
“Theresa May in Parliament on measures to ‘punish’ Russia constitutes an unprecedented, flagrant provocation that undermines the foundations of normal dialogue between our countries”.
The embassy has added, for good measure:
“We believe it is absolutely unacceptable and unworthy of the British Government to seek to further seriously aggravate relations in pursuit of its unseemly political ends”.
Do those two statements not completely sum up the attitude of the Russian Government, who are in flagrant defiance, so far as one can see, of international law and good bilateral practice—with not a word of regret or apology for the events that have taken place on the streets of Salisbury, which amount to attempted murder by one state against the citizens of another state? The noble Baroness says that we have suspended high-level contacts with the Russian Government. Can she say why the Russian ambassador has not been asked to leave the country in the light of these statements put out in his name by the Russian embassy?
I entirely agree with the sentiments expressed by the noble Lord. As I said in a previous answer, we believe that this presents a robust and proportionate diplomatic response to the unlawful use of force against the UK by the Russian Federation. We thought it right to give the Russian Federation the chance to answer some significant questions that we put to them. It has failed to do so: therefore we have taken action—and we stand ready to take further action if that is proved to be necessary.
(6 years, 9 months ago)
Lords ChamberI do not have figures to hand but, as I said, all those who were in contact with the patients have been contacted by Public Health England and questions asked about their health status. Public Health England does not expect any further patients to present as a result of the event but, if anyone who was in the area is concerned or feels unwell, they should dial 111 or 999, depending on the severity of their symptoms.
My Lords, does the Leader of the House think it is appropriate that there is a Russian propaganda channel on our television screens here in Britain? Will the Prime Minister consider withdrawing the licence from RT if it appears that the Russian state is behind the appalling events in Salisbury?
As the noble Lord will be aware, revoking Russia Today’s broadcasting licence is a matter for Ofcom, which has stringent rules to ensure that news, in whatever form, is reported accurately and with impartiality. Ofcom has a duty to ensure that all broadcast licensees are fit and proper.
(6 years, 10 months ago)
Lords ChamberAt end to insert “but that this House regrets that the bill makes no provision for the opinion of the people to be secured on the terms on which Her Majesty’s Government propose that the United Kingdom withdraw from the European Union”.
Relevant document: 9th Report from the Constitution Committee
My Lords, I begin today’s debate following on from my noble friend Lady Morris of Bolton. I agree with her that we must push ahead with this Bill and give it a Second Reading. Preserving existing EU law as it currently applies to the UK is essential in providing continuity and legal certainty on the day of, and in the days after, exit. This does not mean that I am totally without concerns about the Bill as it currently stands, but it will be up to noble Lords to engage in discussions in Committee and during the following stages of the Bill.
I am grateful to my noble friend the Leader of the House for restating the Government’s proposal to create a sifting committee or committees. Perhaps in winding up the debate the Minister will be able to update us on this matter. Could he also give us more details as to the timetable envisaged? I believe that we have a very tight timetable, not only for primary legislation but for the handling of negative instruments and for the necessary robust scrutiny by the various committees. Is the Minister able to tell us exactly what proportion of the 800-plus—some say 1,000-plus—statutory instruments that it will be necessary to lay will follow the negative procedure and how many might follow the affirmative procedure? I am not clear on that point. Can he also comment on the safeguards that will ensure that these are made by the dates laid down in law?
My concerns with this Bill fall mainly in three parts: first, the role of Parliament and the Henry VIII powers in the Bill as it currently stands; secondly, devolution; and, thirdly, the timetable for and the importance of proper scrutiny. My noble friend Lord Hill described the Bill as boring, but I do not agree. For me, this is probably one of the most important Bills we shall be dealing with for a long time. It is an opportunity to ensure that we have the right—I was going to say “appropriate”, but after yesterday’s discussion on that word, I will say “right”—clauses and detail when the Bill leaves this House. My right honourable friend Iain Duncan Smith said that he supported the principle of the Bill and the need for it, but recognised that,
“in Committee there will be need to review how some of those checks and balances are introduced, and I hope that is done properly and powerfully”.—[Official Report, Commons, 7/9/17; col. 378.]
I can think of no better Chamber to do that, and I look forward to noble Lords taking part in it.
Many noble Lords know my interest in agriculture, the countryside and the environment. A high proportion of the necessary legislative changes fall within the agriculture and environment arena, for which Defra has responsibility. I particularly welcome the Government’s recognition of the importance of maintaining standards of animal welfare and for bringing forward the draft animal welfare and recognition of sentience Bill. I know too that there is to be a consultation on fishing and fish stocks. Crucially, this must directly consult with the devolved Administrations.
An agriculture Bill is proposed, as is the creation of a stand-alone, non-government statutory body to oversee, scrutinise and hold the Government to account. I do not share the gloom of the noble Baroness, Lady Miller of Chilthorne Domer, but I know that this new body needs to be robust if it is to succeed in protecting the environment for future generations. Yesterday, in his contribution the noble Lord, Lord Krebs, spoke about the need to preserve the things that affect us all: air quality, fresh water, habitats and tackling pollution. All of these are currently EU based, so it is crucial that this new body is in place in time before we exit the EU.
Many noble Lords have made excellent contributions to this debate, expressing many different views, but I hope all of us believe that we must move this Bill forward whatever our views are, whether we were for leaving or remaining within the EU. There is a great urgency in getting this Bill on the legislative path. Whatever our views, we must join together and make sure that this important Bill is on the statute book sooner rather than later.
(6 years, 10 months ago)
Lords ChamberAt end to insert “but that this House regrets that the bill makes no provision for the opinion of the people to be secured on the terms on which Her Majesty’s Government proposes that the United Kingdom withdraw from the European Union.”
My Lords, I beg to move the amendment standing in my name. There are more speakers in this debate than the entire membership of the House of Lords for the first five centuries of its existence, and more than for any other debate in our 800-year history. That may not be an entirely comforting thought to the 193 noble Lords waiting to follow me, but it is symbolic. It is because of the magnitude of the issues at stake that I move this Motion. Just as the first say on Brexit was given to the people, so the final say should rest with the people once they see the terms proposed by the Government. Our constitutional role is to ensure, with the House of Commons, that the people have the final say.
I earnestly wish that the Leader of the House was moving this Motion or, failing that, my noble friend the Leader of the Opposition. However, neither the Leader of the House nor my noble friend—and I hold them both in high esteem—yet feel in a position to recommend such a course. I suspect the time will come when they do but, as a stop-gap, I feel bound to put this matter directly before your Lordships. I do not have time to get into the huge economic, legal and strategic issues raised by the Bill. Taking them at large, I simply invoke George Orwell and his brilliant essay, Politics and the English Language. Orwell wrote that, in times of crisis:
“Political language … is designed to make lies sound truthful … and to give an appearance of solidity to pure wind”.
So it is with Brexit. The Prime Minister promises a “deep and special partnership” with the European Union when, in fact, we are leaving the Union and undermining our deep and special partnership. We are told that “frictionless” trade will arise, amazingly, from the setting up of thousands of trade barriers where they do not currently exist. And, on the future of Ireland, where Parliament ought to tread with especial care, given the tragedies of recent decades, the Government say they intend “continued regulatory alignment”, when their stated policy elsewhere is to discontinue alignment and promote regulatory de-alignment.
The House needs to try to reconcile rhetoric and reality in all these areas. We look forward to working closely with the Minister, the noble Lord, Lord Callanan, in doing so. The noble Lord entertains decided opinions on your Lordships’ House. He told a Conservative Party gathering recently:
“The House of Lords is the epitome of the establishment, full of ex-foreign office luminaries and people who think that their view is much more important than that of common oiks … or the public as a whole”.
Now, speaking as an oik, I am in awe of the noble Lord and his determination to put us in our place but, not being in the least defensive, I say that the interests of the public as a whole do not lie in making Britain poorer. They do not lie in undermining the Good Friday agreement. They do not lie in diminishing trade and our people’s right to live and work across Europe. They do not lie in scapegoating Europe and foreigners for the social challenges we face. And they emphatically do not lie in weakening our solidarity with Germany, France and the other democracies of Europe in standing up to Vladimir Putin and others who now, and will in future, threaten our borders, our lives and our values. These are grave matters. We owe the House of Commons and the public our advice, and I believe that, in due course, we owe our fellow citizens the right to decide for themselves whether the Government’s Brexit terms should proceed.
Edmund Burke famously said:
“People will not look forward to posterity, who never look backward to their ancestors”.
The greatest Leader produced by this House in the last century is the noble Lord, Lord Carrington, who is soon to celebrate his 99th birthday. He is the last man alive to have served under Churchill. Under Margaret Thatcher he was an outstanding Foreign Secretary and Secretary-General of NATO. When I arrived here as an absurdly young 42 year-old he told me not to be nervous but to buy a decent suit. He said to the House 50 years ago on Britain’s second application to join the European Union,
“my Lords, we are part of Europe … our civilisation, our heritage … our manners … are all European … The vision of a United Europe, of France, Italy, Germany and Britain united in common purpose and effort, must surely be something to stir the imagination of even the most phlegmatic and placid … What splendid possibilities for the future! What a lost opportunity for us and for Europe if we are deprived of the opportunity of making our contributions!”.—[Official Report, 8/5/1967; col. 1216.]
That is so true. Let us not throw it all away.
(7 years, 5 months ago)
Lords ChamberI thank the right reverend Prelate. Tackling human trafficking and modern slavery remains a top priority of this Government. We are very grateful for all the work that the Church does internationally in this important area. The leaders of the G20 countries agreed with the Prime Minister that we need to take immediate and effective measures to eliminate modern slavery, child labour and forced labour from global supply chains, and we called on our G20 partners to follow our lead in working with businesses at home to ensure that they report any modern slavery in their supply chains. As the Statement made clear, this is a personal priority of the Prime Minister and one that she will continue to push among our G20 colleagues.
My Lords, I ask the noble Baroness about the phrase in the Statement that we must reform the world trading system,
“so it is better able to resolve disputes”.
What proposals did Her Majesty’s Government put forward better to resolve trade disputes? Does she believe that the United Kingdom will be in a better position to advance that cause outside the European Union than inside?
We want to champion this agenda. We called for change and will be working with colleagues in advance of a meeting later in the year to develop proposals. Good progress has been made. The trade facilitation agreement that came into force earlier this year will benefit UK exporters through its customs reforms, and could boost global trade by up to $1 trillion every year. We are clear that the WTO must remain the foundation of the global trading system, but we need to work together to improve it.
(13 years, 4 months ago)
Lords ChamberMy Lords, all the circumstantial evidence is that these riots did not just appear spontaneously. What evidence is there to date, if any, that there was a fair degree of central organisation, if not orchestration, even down to the use of Sun Tzu tactics in riots? This required people to understand what those were about and how to use them. So my question simply is: what, if any, evidence is there of central organisation?
My Lords, like the most reverend Primate—and, I think, the House—I find the prevalence of children as young as seven and eight in these events deeply shocking. I agree with the most reverend Primate that issues to do with education—education for citizenship, education for virtue—are vital, as is early intervention. However, some very pressing and urgent questions need to be asked in respect of schools. Many schools have attached police officers. Many schools in the communities that have seen disturbances over the last week will be in a very fragile state at the beginning of term. Can the Minister confirm that every secondary school that wishes to have an attached police officer in any of the communities in question will have access to them, and that funding constraints will not be an obstacle to that?
Secondly, I expect we will find that most of the young people involved either have been excluded from school at some point or indeed may not even be attending school at all. On any one day in the school year, 1,000 pupils are excluded from school, many of them for acts of violence and serious disturbance. One of the issues that has to be looked at, coming out of these events, is the whole way that we deal with pupils excluded from school. They need to be properly supervised; they need to be properly organised; there needs to be some inspiration in the provision for them. I also believe that that should be a punitive element for those who are excluded from school in respect of acts of violence. The underclass that we have talked about this afternoon begins, alas, in our schools. Unless we tackle it in our schools we will never tackle it at all.