Brexit: Withdrawal Agreement and Political Declaration

Lord Berkeley Excerpts

Thursday 10th January 2019 Lords Chamber

[Lord Lea of Crondall (Lab)]

My Lords, I very much agree with much of what the noble Baroness, Lady Wheatcroft, said. I feel some constraint, as we were earlier advised by the noble and learned Lord, Lord Mackay of Clashfern, that we were addressing a Bill to leave the EU. I will therefore try to limit my remarks for the most part to how we could get a better outcome while still leaving the EU. I think that his words have been touched on by my noble friend Lord Monks.

To give some shape to what I want to say, I will deal with issues of substance such as the single market and the customs union, which address questions such as Dover/Calais and the Irish border. However, there are then endless issues of process, ranging from the role of Parliament to a general election, a referendum or perhaps tossing a coin. The two are quite separate but get mixed up.

On what I call the substance, the Institute for Government said the other day that there is a spectrum of trade-offs and we have to decide where there can be any sort of parliamentary majority between those trade-offs. That is exactly right on where we are today. There can be such a majority in the area, as has been said, of moving from Pillar 1 to Pillar 2 of the European Economic Area. By the way, I have heard it said in the Corridor, “Who’s ever heard of the EEA?” I do not know how many of the people who say that sort of thing fly to Alicante or some other part of the continent for their holidays and come back to Gatwick. If they do, they will have to queue under a big heading saying “EEA”—or, to be a bit more technical, “EEA and Switzerland”. Perhaps I can ask the Minister to check before Monday so that he has time to get an answer to this question: what will happen to the EEA queue at Alicante or at Gatwick?

[Lord Berkeley (Lab)]

It will get longer.

[Lord Lea of Crondall]

Apart from getting longer, will it still be there at all and who will be able to go through it?

I would like to stay in the single market and the customs union. The pamphlet that I helped to prepare points out—Liberal Democrats please note—how it could be done successfully. My basic difference from the Government’s proposal is that we would stay long-term in the single market and in the customs union or, if you want to use the indefinite article, “a” customs union negotiated with the EU, which I think would be roughly the same thing. As far as I understand it, and I will be corrected if I am wrong, the objections to doing that are not from Brussels, as those requirements or suggestions were requested, but from London—ideological objections because of certain parts of the Conservative Party.

Someone made the remark in this context that they feel “trapped”. I think it was the noble and learned Baroness, Lady Butler-Sloss, who asked, “How do we get out of this trap?” We are not the only people who are trapped: people in Bolton are trapped and see their public services and industry disappearing all at the same time. My noble friend Lord Grocott made the very valid observation that people feel that they are on the dumping ground of history. Without mentioning Professor Trump—actually he is not a professor, is he? I do not think he can even read a book. Without mentioning President Trump, we are aware of that sort of politics.

To go further on to the point mentioned by my noble friend Lord Monks, I say that earlier in the year we tabled an amendment to have a parliamentary role in a mandate. In a trade union you have a mandate, and then you have the executive look at the results of the negotiation by reference to the mandate. That was not done, which was a pity. It was the Commons that rejected it, not the Lords. If there had been such a mandate we would have been a little further forward, such as looking at the proto-treaty that emerged on 20 December, when we were on our way home for Christmas, about the EFTA/EU separation agreement.

I would like to ask the Minister to reply on Monday about how, if we did wish to synchronise the clocks of leaving the EU and rejoining EFTA, that would work. Would that be compatible with the proto-treaty published on 20 December?

In conclusion, the idea that the EEA is incapable of reform is not the case. It was always intended by Jacques Delors that it would evolve. It would be a different organisation with Britain back in it; there is no doubt about that. On the objection that, when we have left the table, we would not have a vote, even Boris Johnson’s logic surely would not demand that we leave the table, pay no money and yet complain about not having a vote.

I will finish where I began. To get out of the mess that we are in at the moment we are very much hoping that there will be support in both Houses—as I think there will be—for the emergence of some sort of interest in an amendment next week that we stay within the European Economic Area.