European Union (Future Relationship) Bill

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3rd reading & 2nd reading & Committee negatived & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard) & Committee negatived (Hansard): House of Lords
Wednesday 30th December 2020 Lords Chamber

[Lord Berkeley (Lab) [V]]

My Lords, it gives me great pleasure to follow on from the speech of my noble friend Lord Austin, who has been a great friend over the years, promoting cycling at a time when it was not quite as popular as it is now. He is very welcome in your Lordships’ House.

There has been a lot of talk from the Prime Minister and others about regaining our sovereignty, but I have to ask this question: whose sovereignty and what exactly do they mean? It is very easy for Ministers to sit here, at the end of 2020, and think that we are a sovereign island state, maybe even with an empire whose every move they can control, forgetting that they do not have one any more and that most of the Empire sought more relevant economic and cultural links long ago, and we are left alone. After 50 years of war and its aftermath, our involvement in Europe and with our neighbours, and the encouragement that we gave to widening the EU eastwards, was a major contributor to peace: the free movement of people for work, leisure and relationships, and the understanding of the different traditions, languages, local rules and customs has been a major contributor to peace. Of course, the Erasmus programme, about which many noble Lords have spoken, is an essential part of that, and I hope the Minister will come back with a positive answer when he responds.

I lived in Romania for several years in the 1970s, under the Communist regime, and it was not a happy place. There was no liberty and no freedom, and the issues that occurred then are not over yet—as we see when we look at what is happening in Ukraine and Belarus. I have a train-operating business colleague who sent me a photograph a few years ago of one of his freight trains with machine-gun holes all the way up the side. Just imagine trying to run a business when you have machine guns going past you all the time.

I think the rest of Europe should be seen as our friends and trading partners—to which, of course, we export some 40% of our trade—and we should really encourage them. Therefore, the criticism of Europe as being bureaucratic is wrong. The people are not bureaucratic, but some of the processes needed to be, maybe to cope with 26 member states. Are our Government really right to criticise the EU for this when they produce just a framework Bill, which many speakers have said will dramatically increase the bureaucracy of trade with the EU, just as the interests of that mythical idea of sovereignty are lost?

My conclusion is that all the Government are doing is transferring sovereignty from what they believe was Europe to themselves, bypassing Parliament. For the reasons many other noble Lords gave, I will support the Bill, but through gritted teeth.

UK-EU Withdrawal Agreement

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Thursday 10th December 2020 Lords Chamber

[Lord True (Con)]

My Lords, so far as individual, specific, in-person dummy runs are concerned, I cannot categorically answer that, but I will find out if I can supply my noble friend with an answer. What I can assure her of is almost daily—literally daily—discussions and consideration at the highest level of the technical and specific impacts of the new regime, or regimes, that come in either on 1 January or in the course of next year. Indeed, the Government have conducted privately a number of specific exercises to test various contingencies.

[Lord Berkeley (Lab) [V]]

My Lords, today the House of Lords EU Goods Sub-Committee has written to Michael Gove, seeking information on government preparedness which, from the evidence the committee received—and I have the honour to be a member of it—appears to be hopelessly late, ineffective and failing on many fronts. The letter lists multiple concerns: IT, communications, transport, and many others. But can I press the Minister today to answer just one small, but very important, question mentioned in the letter? Will he commit the Government to placing toilets at regular intervals adjacent to the queuing lanes on the M20? Everybody thinks they will be needed—deal or no deal.

[Lord True (Con)]

My Lords, I do not carry ministerial responsibility for public conveniences—

Covid-19: Economy Update

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Tuesday 27th October 2020 Lords Chamber

[Lord Agnew of Oulton (Con)]

My Lords, I am aware that those discussions are ongoing but I do not have the figures to hand, so I will write to the noble Baroness about the latest thinking on that.

[Lord Berkeley (Lab) [V]]

My Lords, the Sunday Times of last Sunday says that the Prime Minister has ordered a review which would allow

“City dealmakers, hedge fund managers and company bosses flying into the UK”

to be

“exempt from the 14-day quarantine period under plans to ‘promote global Britain’.”

There are also stories that working lunches of up to 30 people, now being promoted by expensive London restaurants, can be allowed as long as business is discussed. Can the Minister confirm that anyone who is, or thinks they are, involved in global business, global Britain or business can therefore exempt themselves from these rules and that that can apply to anyone else? If not, how can the Government expect the rest of the country to comply while allowing their apparently rich friends to buck the system?

[Lord Agnew of Oulton (Con)]

My Lords, I suspect that this is just speculation. I am certainly not aware of any government policy promoting that. As we know, groups of six people, socially distanced, can eat if they are in an outside setting. Those facilities are being made available by pubs and restaurants, but I am not aware of any special treatment that the noble Lord refers to.

EU: Future Relationship

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Wednesday 23rd September 2020 Grand Committee

[Lord Berkeley (Lab) [V]]

My Lords, I address my remarks this afternoon to the frontier controls and customs arrangements because we have three months to the end of the transition. Many noble Lords have spoken about whether we are going to get a deal but many of the frontier issues will be similar, if not the same, whether we have a deal or not. Businesses should still be ready and still expect the Government in their dealings with them to be open, transparent and inclusive with information and with what has to be done.

As is so often the case in this sphere, we have heard lots of good words from the Government which are mostly, sadly, motherhood and apple pie. We seem to be getting into a big blame game, with the Government seeking to blame business, the EU and the electorate for their own failings. I know that the electorate voted in favour of Brexit, but I do not think they voted in favour of the chaos that we are seeing. As many noble Lords know, the devil is in the detail. It can have a massive adverse effect on business, as many noble Lords have already mentioned. We are not told the detail at the moment, nor even the options. In some of the discussions I have heard, I question whether Ministers themselves actually understand what is needed or listen to their officials who clearly do know.

In the Guardian today there is a report of a letter that the Chancellor of the Duchy of Lancaster wrote to the haulage industry and customers earlier this month —I have a copy of it—saying that we face some 7,000 trucks in a queue in Kent. Mr Gove claims that the cause of the delay is the traders not being ready. That is blaming the traders again. The Secretary of State for the Environment, George Eustice, similarly blamed other people for the delays. After Mr Gove wrote the letter, industry representatives had a meeting last week with him, the Secretary of State for Transport and the noble Lord, Lord Agnew, from the Treasury. They discussed three separate issues: the need for intermediaries, the readiness of systems, and the physical infrastructure. All these are needed, whatever the outcome of the negotiations. I think about 40 people were at the meeting. A report of the meeting said that there was

“frustration over the lack of clarity and too many unanswered questions.”

On intermediaries, questions were asked about

“how the cap on state aid could be lifted and potential use of government loans”.

It was questioned how systems

“could be made ready earlier to allow training and familiarisation to take place”.

Of course, this should have happened many months ago. The Government are blaming the industry for not having 50,000 intermediaries to do it for them. We do not know who is going to pay for it. It is a serious issue. At the port there are quite a few structures required and arrangements. Who is going to pay for them and when are they going to be in position?

Then at the meeting we heard more motherhood and apple pie when the Chancellor of the Duchy of Lancaster was quoted as saying that

“he hoped that the EU would not take a rigid interpretation on all legislation”.

Well, isn’t that lovely? Why should the EU give way on this when we are digging our heels in as hard as we possibly can?

In the end, the Chancellor of the Duchy of Lancaster said, in summing up,

“if businesses haven’t prepared they will suffer against what is a known change”.

Does the Minister know what the “known change” is? Has he told anybody? Has the Chancellor of the Duchy of Lancaster told anybody? It is clearly still a secret.

All the Government talk about now is in the export direction. We have heard very little about what might happen on the French or the continental side apart from the fact that the Government have decided that they will not require all the paperwork to be complete on the incoming direction for six months—but only for certain cargoes. We know that cargoes will not be allowed on to the ferries unless they have all the right paperwork.

It is really wrong that the Government are allowing this to carry on, with George Eustice saying that the queues are down to “slipshod” EU lack of planning. That is not a good way—indeed, it is a very bad way—to conduct negotiations. It is no way to undertake a trade negotiation with our major trading partner. As many noble Lords have said, something like 40% of our exports go to the EU.

I believe that Ministers should know most of the detailed changes that will be required, whatever the outcome, but the Government are failing miserably to share this with businesses so that their systems and their staff can be ready for the changes. Do they really know what has to be done? Should they not be proactive and positive in helping? I am afraid that, if they are not, many businesses will give up and, after a few weeks or months, settle fully on the continent. I hope I am wrong. But I wish the Minister would confirm that the Government will stop blaming businesses, the EU or the coronavirus crisis. It is down to the Government to sort this out.

[The Deputy Chairman of Committees (Baroness Barker) (LD)]

My Lords, I remind the Committee that the time limit for contributions is a maximum of seven minutes. I call the noble Baroness, Lady D’Souza.

EU: Customs Arrangements

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Wednesday 8th July 2020 Lords Chamber

Asked by

[Lord Berkeley]

To ask Her Majesty’s Government what plans they have to publish (1) the proposed border operating model for customs arrangements, and (2) guidance to businesses on (a) where, and (b) how, those arrangements will operate, between the United Kingdom and the European Union; and what changes they will need to make for the operation of that model after the transition period.

[The Minister of State, Cabinet Office (Lord True) (Con)]

My Lords, a border operating model will be published this month. This will provide guidance to business and industry to prepare for the introduction of each of the three stages of controls. We are committed to engaging closely with business and industry ahead of publication to ensure that the operating model reflects their feedback and provides the guidance and information they require.

[Lord Berkeley (Lab) [V]]

I am grateful to the Minister for that response, but will the border operating model that the Government plan to publish this month cover the customs needs in both directions—import and export—and, as he is talking about the exports, goods that are not allowed to be delayed for six months? Secondly, what about the special relationships between Northern Ireland, the Republic of Ireland and the UK? Will the guidance give full details of what is planned there and how it will be implemented?

Beyond Brexit (European Union Committee Report)

Lord Berkeley Excerpts

Tuesday 12th May 2020 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, I too congratulate the noble Lord, Lord Boswell, and his committee on this excellent report. It has taken a long time for it to see the light of debate. The report emphasises the important role of discussions and working together, both informally and formally, in what one can achieve when one is trying to ensure that our relationships with the rest of Europe remain as they should do. Years ago, I was on the European committee and, more recently, I have rejoined the goods committee, so this is of great interest to me as we go forward.

It was particularly interesting to see Michael Gove’s one-page statement, dated 28 April, about the progress of negotiations. It was good to see that trade and goods justified a couple of lines. Fisheries will be extremely difficult. Transport, aviation and road haulage were mentioned, along with passenger transport, but where was rail? Rail was not mentioned at all. Apparently, there is no interest in what the manufacturers might want in terms of services, safety and standards for passengers and freight. There has never been any mention of associate membership of the EU Agency for Railways, even though similar agencies for maritime and air have been accepted in part by the Government. Can the Minister explain this omission? Some time ago, I heard that the reason for omitting rail was because the European Union Agency for Railways mentioned Europe in the title.

We have to ask ourselves what the Government want, for what purpose and for whose benefit. Is it just dogma or is it wasting time? We have a long way to go before we can justify spending £60 billion on no deal while at the same time spending between £40 billion and £80 billion on the coronavirus this year. Is it all necessary?

Tax Avoidance

Lord Berkeley Excerpts

Wednesday 29th April 2020 Lords Chamber

Asked by

[Lord Berkeley]

To ask Her Majesty’s Government what plans they have to make it a condition for any company in receipt of state support as a result of COVID-19 to agree to not participate in any artificial tax avoidance arrangements.

The Question was considered in a Virtual Proceeding via video call.

--- Later in debate ---

[The Minister of State, Cabinet Office and the Treasury (Lord Agnew of Oulton) (Con)]

My Lords, the initiatives introduced by the Government to address the economic impact of Covid-19 are designed to support businesses that contribute to the UK economy. Since 2010, we have introduced over 100 new measures to tackle avoidance and evasion, securing and protecting over £200 billion that would otherwise have gone unpaid. The Government remain committed to continuing their strong track record on clamping down on those who seek to avoid or evade paying their fair share.

[Lord Berkeley (Lab)]

My Lords, I am grateful to the Minister for his response. The OBR is suggesting a 35% fall in GDP. As the Minister said, the Government obviously need as much tax revenue as they can get, but it needs to be fair. In the Times, there are reports of examples from Arcadia, The Range, and Starbucks, which is in line for rate relief alone of £28 million. Virgin Active, which is on a turnover of £168 million and paid virtually no tax, could gain £16 million in rate relief. There are similar examples of many other companies, but will the Minister confirm that it is wrong for companies making large profits in the UK not to pay their fair share of tax? Will the Government refuse to give such companies rate relief?

[Lord Agnew of Oulton]

My Lords, all the support that we have offered has been aimed at keeping businesses going and securing employment, mostly through the furlough scheme. While I take on board the noble Lord’s concerns, I believe that the rapid action that we have taken, which has to be general by the definition of the time period that we have had to operate in, has helped to secure businesses’ long-term future, which is our priority.

Public Services: Update

Lord Berkeley Excerpts

Wednesday 29th April 2020 Lords Chamber

[Lord True]

My Lords, I share that aspiration and I know that the Government do, but the need to protect the safety of the public and to save lives is still paramount; the five tests have not yet been met. But I repeat what I said in an earlier answer: that aspiration is clearly understood, and the Government have invested heavily in trying to support distance learning. That is a great thing, as I am sure a virtual Parliament is, but a virtual Parliament is no substitute for the real thing, and I hope that in due time virtual learning will be taken over by a return to a more normal life. But I am afraid that the time is not now.

[Lord Berkeley (Lab)]

My Lords, I am grateful for the Minister’s comments about the support from the voluntary sector—it is terribly important—but I do not know whether he is aware that the hospitality sector is failing quite dramatically. An awful lot of employees are on zero-hours contracts, and there are reports of them having to sleep rough in London and many other places because they cannot afford their rent. The problem is that there are no hotels, shops, restaurants or cafés open that might give them some food, there is nowhere for them to stay because they cannot afford the rent, and of course the public toilets are shut—so it is very different. Of course, these people do not always know the normal way in which local rough sleepers go about things. Could the Minister talk to local authorities and try to instruct them to open public toilets, encourage the voluntary sector and get the day centres open so that these people can at least survive until there is a better chance of getting a new job?

[Lord True]

My Lords, I certainly take into consideration what the noble Lord says. As I said earlier, through the help of local authorities and the truly outstanding agencies that work in the area of assisting homeless people, the Government believe that we have reached some 90% of those we wish to. But I hear what the noble Lord says and will pass on his remarks to colleagues.

Wheeled Goods Vehicles

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Thursday 13th December 2018 Lords Chamber

[Lord Young of Cookham]

The standards that we follow on sideguards are international standards imposed under one of the United Nations sub-committees. So a vehicle, wherever it has been constructed, will have to meet those international standards, which cover sideguards. We are now taking extra steps to make sure that, in addition to the vehicles being fitted with sideguards when they are manufactured, the sideguards are maintained—for example, if they become damaged, quite often they are not replaced—and those are the regulations that we are looking at bringing in next year.

[Lord Berkeley (Lab)]

My Lords, will the Minister explain to the House how much enforcement of these regulations takes place? I was kindly invited to a demonstration of enforcement down by the Tate Gallery a couple of years ago, where the police and VOSA were combining to enforce the regulations on tachographs and all other rules relating to trucks. They must have spent a lot of money on this around the country but they said that the main achievement was to put a board on the back of scaffold lorries to stop the poles falling off. If that is all they can do, surely we need much more enforcement of these regulations?

[Lord Young of Cookham]

As the noble Lord will know, there are regular spot checks on roads in this country where heavy goods and other vehicles are stopped and checked to make sure that they comply. I will supply the noble Lord with more information on the effectiveness of these spot checks and how often they are carried out.

Church of England: Disestablishment

Lord Berkeley Excerpts

Wednesday 28th November 2018 Lords Chamber

Asked by

[Lord Berkeley]

To ask Her Majesty’s Government what assessment they have made of the case for the disestablishment of the Church of England.

[Lord Young of Cookham (Con)]

My Lords, none.

[Lord Berkeley (Lab)]

I am grateful to the Minister for that comprehensive reply. Going back a short time in your Lordships’ House to 1953, when the Queen was crowned, some noble Lords may remember that the Archbishop of Canterbury crowned the Queen and she gave a sworn oath to,

“maintain and preserve inviolably the settlement of the Church of England, and the doctrine, discipline and government”,

et cetera. According to the National Secular Society, even since 2002 the proportion of Britons who identify with the Church of England has halved from 31% to 14% and half of British people have no religion. Is it not time for the new monarch, when he comes, to embrace this secular state and perhaps swear an oath to Parliament, as suggested by the UCL Constitution Unit, that he will in all his,

“words and deeds uphold justice, mercy, fairness, equality, understanding and respect for all”,

his,

“Peoples, from all their different backgrounds”?

Is that not the way we should be heading?

[Lord Young of Cookham]

My Lords, the noble Lord seeks to amend the Coronation Oath Act 1688. The Act sets out the oath and requires that it is,

“In like manner Adminstred to every King or Queene who shall Succeede”.

While it has been altered to modernise the language and to reflect the territories that have been added and subtracted, the noble Lord’s proposition goes beyond that, raising broader constitutional issues and requiring primary legislation.