(4 years, 11 months ago)
Lords ChamberMy Lords, it is a great pleasure to follow my noble friend Lord Inglewood, a fellow Cumbrian, although his connections to Cumbria go back an impressive 400 years longer than mine.
Since January 2018 I have spoken just twice on Brexit-related legislation, and one of those occasions was to explain some technicalities in the report of the Delegated Powers Committee, which I chair. But tonight I am speaking in a personal capacity.
I warmly welcome the Bill, which marks the first and most vital phase of “getting Brexit done”. I welcome it in its current form because it means that at long last we have a Commons that is in accord with the people of this country, who over the last three years have seen their vote in the referendum sabotaged every inch of the way by some Members of Parliament who put their own arrogant, selfish view before the decision of the electorate.
Over Christmas I met quite a few of my former constituents—you know, the little people up north accused by remainders of not knowing what they voted for. We had no view on defeated MPs from other parties, but they shared my relief—and indeed pleasure—that the electorate had got rid of Tory MPs such as Grieve, Soubry, Gauke, Allen and others. They hoped that we would hear no more from them. To that, I would add former Prime Ministers and Deputy Prime Ministers, who will no longer need to travel to Brussels to assure Monsieur Barnier that Brexit will be stopped.
Could we also hear less from those who voted remain telling us what the leavers did and did not vote for? I had the opportunity to study the polling data about leavers. The majority expected to take an economic hit and were willing to accept that, provided we got back control of our laws and Parliament. The last Chancellor of the Exchequer kept repeating the shibboleth that people did not vote to be poorer—wrong again, Chancellor. They expected to be poorer because the Chancellor and all his dodgy Treasury documents told them that repeatedly.
So now we have the Bill before us today. It is right that ongoing parliamentary scrutiny of trade negotiations has gone. We saw in the last Parliament how even those remainers who agreed on what they disliked could not agree on anything that they liked. The main point I want to make to my noble friend is that EU negotiators will play even harder and dirtier now in the negotiations. They take the view that the United Kingdom has to be punished for daring to break away from them and to stop other countries leaving. First, they will demand sequencing of talks—the trap Theresa May fell into. That is, they will not discuss trade in goods until we surrender our fishing grounds and sell out our fishermen. And if we do that, then they will not discuss financial services until we sell out on trade in goods. And even if we extend the period by another 20 years, I do not see that they will do a deal on financial services unless we surrender every national interest.
So let us be ready for it. Of course, when we sell cars to the EU we must comply with their design regulations, just as we have to comply with different regulations when we sell to Hong Kong or California. However, there can be no question of complying with the EU demand that we can sell them goods only if, for example, our workers do not volunteer to do overtime above 60 hours a week, or we agree a corporation tax rate which the EU approves of or that we cannot give any state aid in any circumstances. We must not be tied to EU regulations when we leave but have maximum freedom for divergence if we wish to create our own laws and do things better.
We need the freedom to do gene editing, set higher environmental standards and approve medicines a lot faster. Are we willing to accept the cruelty of live animals being transported on excessively long journeys without proper food and water? Are we willing to let any more diseased plants and trees into this country and not be able to step up phytosanitary controls? There are hundreds of areas where we can do better, provided we do not sign up to accepting EU diktats on keeping all aspects of the single market and customs union.
And by the way, the people voted to leave the single market and customs union, too. We were repeatedly told by the Government and remainers that if we were foolish enough to vote leave, we would be thrown out of the single market and customs union. We the leavers knew that, and 17.4 million people voted to do just that. So, in conclusion, I say to my noble friend that the Government are delivering on leaving the political union on 31 January. We must be out of the customs union on 31 December of this year as well.
(6 years, 10 months ago)
Lords ChamberMy Lords, it is a privilege to follow the noble and right reverend Lord with his customary thoughtful speech. I must admit that I agreed with some of it, but not as much as I agreed with the speeches of the noble Lords, Lord Grocott and Lord Trevethin and Oaksey, and the noble Baroness, Lady Deech.
Some noble Lords have suggested that people voted to leave the EU but did not vote to leave the customs union or the single market. I am sorry but that is nonsense. The government-funded propaganda leaflet, the Prime Minister, the Chancellor, the whole remain machine and the global elite stressed over and over again that a vote to leave would mean leaving the single market and customs union, with all the dire consequences that would entail. Of course, the Treasury in its May 2016 dodgy dossier also said that there would be an immediate loss of 500,000 jobs and the economy would crash into recession.
As John Longworth, writing in the paper on Monday, said, either the Treasury economic experts got their model hopelessly wrong or they were deliberately lying. I thought at the time that it was just sloppy modelling for them to be so wrong by as much as 400%. Now it seems the Treasury is at it again with the leaked Project Fear forecasts. I admire its astonishing accuracy. It forecasts a 0.3% reduction in growth every year for the next 15 years. That is amazingly accurate considering that over the last 12 months it has been 400% out. Producing that dodgy dossier once may have been a mistake but its latest leaked analysis by the same discredited economists is clearly a deliberate attempt to foist more ludicrous forecasts on the British public. I find it a very sad day when reports by Her Majesty’s Treasury have less credibility than the Zinoviev letter.
We have this Bill before us because the electorate wanted back control of our money, laws and trade policy, and they knew that by voting leave we would leave the single market and the customs union. When the Bill goes into Committee, I understand that there will be amendments seeking to ensure that no British Government can diverge from EU rules and regulations, and that is what I want to concentrate on. I believe that is foolish and it shows little faith in our Parliament, which will once again be free to properly hold the Government to account. The whole point of Brexit is to give the UK Government and Parliament the right to make our own laws and diverge from EU bureaucracy, bad law, Luddite regulations and the concept of a socialist Europe, which is making us more and more uncompetitive in comparison to the Far East and the USA. I do not want us stuck at the bottom of the regulatory scrapheap making analogue laws for a digital world. We are a great country and we need the freedom to make better regulations.
I ask noble Lords to cast their minds back to Monday of this week, when we debated the 25-year environment plan. What an inspiring document that is—inspiring because it shows how much better our land and marine environment will be when we do not have EU law destroying our fishing stocks, damaging our wildlife and ruining our soil. We can get rid of the wicked CAP, which the EU still boasts is a marvellous achievement. We can ban any plastic products we like without having to wait for EU approval. We can restore our fish stocks. We can impose proper biosecurity regimes to stop our plants and trees being decimated by imported diseases we are currently unable to stop because of the free movement of goods. And of prime importance, we can impose our own much higher animal welfare standards to replace the cruelty of live animal exports, which the EU happily endorses.
We will have the freedom to set our own VAT rates on any products we choose. German car companies paid out billions to US consumers within months of the diesel car scandal breaking. Not one single EU consumer has had a penny compensation because of the cosy, corrupt cartel between EU policymakers and German car firms. I would hope that an independent UK could impose our own air quality standards and ban dangerous polluting vehicles.
On financial regulations, there are those who say that we must not do a Singapore and have a race to the bottom. I agree entirely: we must not race to the bottom, but Singapore has a GDP per capita of $53,000 and ours is $40,000. The cost of living in Singapore is 14% cheaper than London. It is the third in the world for life expectancy and we are the 20th. If that is the bottom, I want to race to it as soon as possible. Singapore has risen to be one of the most successful economies in the world, with an exceptionally high quality of life, because its people embrace free trade and cutting regulation.
When we read yesterday about the head of the London Philharmonic Orchestra, who is a remain supporter, complaining about onerous EU red tape and looking for opportunities outside Europe, we got a snapshot in that tiny area of the dead hand of EU regulation holding back not just our productive industries but our creative ones also.
I have just rushed through a few examples, but in every sector of our economic and public life we are being constrained by poor, bad EU regulation. As the noble Lord, Lord Hill of Oareford, said yesterday, we will need the freedom to move very quickly to regulate for technological change, which the Luddite EU cannot do. We will need the freedom to regulate quickly on artificial intelligence, genetic modification, innovative medicines and treatments to name but three. We need better regulation. We need British regulation. We need this withdrawal Bill, with some technical amendments, passed as soon as possible.
My Lords, that is rather like suggesting that one ought to remain inside a burning house in the hope of putting out the fire. I am not sure that I follow the logic of the noble Lord’s argument.
I am in a minority in this House with my views on Brexit—I have noticed that. I am very proud of the way that we in the House of Lords have conducted ourselves over the last 36 hours. I read in the newspapers that we were going to reverse the decisions of the House of Commons and wreck the Bill but, instead, we have had a typically incisive debate. We should be particularly proud of the report produced by the Constitution Committee.
I do not know where I come in the speakers list— 194th or something like that—but I thought that I needed to find something new to say, so I would like to tell the House that there is a blue moon tonight. For those who do not know what a blue moon is, it is not a reference to the Tory party; it is a reference to the fact that there has been a full moon twice in the same calendar month—a very rare thing.
When I got an email from the noble Lord, Lord Adonis—who I hold in very high regard—asking me to support an amendment that we should spend four days on Second Reading, which would mean that we would now be only halfway through, I thought that perhaps the lunar effect was having an effect upon him. Then, when I read that he wanted to suggest that we have a second referendum, I just reflected that we voted on this last year in this House and voted with a majority of more than 200 against that, so I admire his courage and his consistency.
The best speech of many speeches, I think by far, was the one given from the Cross Benches by the noble and learned Lord, Lord Judge. He set it out absolutely clearly, and I feel guilty that I took the advice from the Chief Whip and the Leader of the House and went through the Lobby the other evening, adding to the burden of these Henry VIII clauses. I am impressed that perhaps this is an opportunity for us to take a stand while looking at this Bill. But I have to say that the noble and learned Lord, Lord Hope of Craighead, disappointed me. He actually compared this Bill to Cromwell. He suggested that it was Cromwellian that we were taking powers away from Parliament in the way that Cromwell had done.
(7 years, 3 months ago)
Lords ChamberMy Lords, I warmly welcome and congratulate the Government on the excellent position papers that they have produced setting out our aims but, quite rightly, not our strategy. I cannot for the life of me understand the wisdom or logic of the Official Opposition’s Motion, which is on the Order Paper for debate later today, calling on the Government to publish their strategy for the negotiations, thus revealing all our key negotiating positions and red lines. What sort of foolishness is that?
When Churchill gave his first speech to the Commons as Prime Minister in May 1940, he said:
“You ask, what is our policy? … It is to wage war, by sea, land and air, with all our might … You ask, what is our aim? … It is victory … victory, however long and hard the road may be”.—[Official Report, Commons, 13/5/1940; col. 1502.]
Did he then go on to set out his strategy? Did he go on to say, “First, we will take on Rommel in North Africa, then we will land in Sicily and drive up through Italy and, hopefully, some time in 1944 we will land in Normandy”? Of course not. A strategy revealed is no longer a strategy but a concession. That is what the Opposition and some other noble Lords are asking for in that Motion.
So what is our policy? It is to leave the EU with the best deal possible. What are our aims? They are the 12 aims set out in the White Paper. I have heard no one suggest that those aims are inadequate or wrong. It would be madness for the Government to publish in detail the strategy on how they plan to achieve the aims. We see the monstrous try-on by Mr Barnier, suggesting that the UK should pay anything from €50 billion to €100 billion and asking if we would kindly make him an offer. I am sure he would love to see a UK strategy paper setting out what our bottom line might be and what we would be prepared to settle for.
I want to see a deal done with the EU that meets our aims of the White Paper. But that deal has to have us out of the single market, the customs union and the EU court, because that is what the British people voted for. Let us have no more of the myth perpetrated by some remainers that those things were not on the ballot paper and the public did not vote for them. Oh yes they did vote for them—it is insulting to say that the electorate did not know what they voted for. The authoritative report recently published by NatCen Social Research—not one of my usual reading papers—makes it clear, as did the Vote Leave analysis, that voters were principally motivated by sovereignty issues and that the Government’s dire warnings of economic Armageddon or being poorer were not as important to them.
I hope that we get a deal but I suggest to my noble friend that we must seriously prepare for a no-deal scenario and prepare a position paper on that, because it is looking increasingly likely that the EU will remain intransigent in its desire to punish Britain. I welcome what I heard from the noble Lord, Lord Jay, that his EU Committee will look at a no-deal scenario paper as well. I hope my noble friend, in addition to all her other reading, has read the article by Yanis Varoufakis in the Sunday press and the leaked memo by Jeremy Browne, a former Lib Dem MP and Foreign Office Minister and, currently, a City envoy. There is no reason to disbelieve them, and all the evidence points to the fact that the EU intends not to give a single inch in so-called negotiations, expecting that at some point the UK will panic and surrender. That is a very good tactic for them—if it works—and we must not play into their hands by showing signs of panic.
Mr Varoufakis wrote:
“That Michel Barnier and his team have a mandate to wreck any mutually advantageous deal there is little doubt. The key term is ‘sequencing’. The message to London is clear: you give us everything we are asking for, unconditionally. Then and only then will we hear what you want. This is what one demands if one seeks to ruin a negotiation in advance”.
Did we not see that in Barnier’s attitude to his divorce bill demand? When UK officials spent three hours going through his monetary demands line by line, questioning the legality of it, he was apparently outraged that we dared to question it instead of plucking an offer of billions of euros out of thin air. We have also seen how they rubbished our position papers. Mr Varoufakis also said that the EU’s “media cheerleaders”, meanwhile,
“would work feverishly towards demeaning London’s proposals, denigrating its negotiators and reversing the truth in ways that Joseph Goebbels would have been proud of”.
No one has challenged that view. Then he says:
“Right on cue came the leaks that followed the dinner that the prime minister hosted for Jean-Claude Juncker … their explicit purpose being to belittle their host. Then came the editorials by the usual suspects … deploring the ‘lack of preparation’ by the British—using … Brussels’s favourite put-down that ‘they have not done their homework’”.
The latest, of course, is the slur by Juncker that my right honourable friend David Davis is lazy and lacking in stability—all that abuse gleefully reported by the BBC and some of our media as if it had the force of divine writ. I congratulate my right honourable friend the Secretary of State on the way he is conducting the negotiations and on not indulging in the sort of vile abuse which the EU is heaping on him.
We must prepare for a no-deal scenario, I am afraid, because as Jeremy Browne reveals in his memo, according to the Sunday Telegraph:
“Brussels shows no interest in finding ‘long-term solutions’ to Brexit and could ignore the interests of European Union business”.
In the memorandum, Browne says:
“The restricted mandate means little energy is expended on the imaginative search for long-term solutions. People can look most contented when they have declared a problem to be intractable”.
He notes:
“Such a virtue is made of intransigence and ensuring that Britain learns lessons from the EU”.
He also writes:
“It is the received wisdom that all that is required is for Britain to come to terms with the inevitable and yield accordingly”.
It is clear that the EU tactics are to refuse to negotiate on issues of substance and to wear down UK negotiators until we capitulate and promise them huge unjustified sums of money, so that we are then in no position to strike any sort of deal on market access.
Much as we would all like a good deal, so must stay at the negotiating table—of course we do not walk away—and take on the chin all the intransigence and abuse from our so-called partners, we must now plan and prepare for the possibility of a no-deal scenario.
(7 years, 9 months ago)
Lords ChamberMy Lords, I very much agree with what the noble Baroness said at the end of her speech. As the noble Baroness, Lady Symons of Vernham Dean, said, this will be a nothing-is-agreed-until-everything-is-agreed negotiation. If we do not do the decent thing now—if we do not listen to what the noble Viscount, Lord Hailsham, said at the start—when will we do it? This negotiation could last all of two years and could end without an agreement. It certainly will not end with dossiers agreed in this calendar year. So if we all believe that the decent thing will have to be done at some time, why not do it now? The Tory party really needs to remember that its guru is Burke, who said:
“Magnanimity in politics is not seldom the truest wisdom”.
My Lords, it is the Conservative Party’s turn. The noble Lord, Lord Blencathra.
My Lords, I, too, will be brief. When I was supporting Vote Leave, I, like many others, took the view that we should make a grand unilateral gesture to state that we would grant residence rights and other rights to all EU citizens living in the UK. I thought that for two reasons: first, because it was a nice, decent thing to do, but also because I reckoned that we would get an immediate response from our EU partners, who would reciprocate and confirm that all Brits living in the EU would get similar rights. I thought that we could get this simple issue off the table before the tough and contentious talking began. I was utterly wrong—not for the first time, of course.
The best outcome to get security and certainty for both EU and British citizens would have been a reciprocal agreement immediately after the referendum. That is exactly what my right honourable friend the Prime Minister tried to do—and I was surprised and indeed shocked that the EU rejected her approaches and has apparently refused to talk about reciprocal residency rights until we have triggered Article 50.
Would my noble friend not recognise that we are the ones walking out of the EU? We are the ones who have an obligation to those who, in all good faith, came to this country and invested their future in it. Should we not have done with sophistry and make a moral gesture?
Yes, my Lords, but we also owe an obligation to almost 1 million British citizens living in the EU who could be left in limbo for up to two years unless the EU addresses this issue urgently. It is the case that the Prime Minister raised this with some EU leaders. However, I understand that, although 20 states were happy to agree reciprocal arrangements immediately, Angela Merkel and Donald Tusk refused to do so until we had triggered Article 50. So this venerable institution, the EU, lauded by many in this House as a bastion of decency, and Angela Merkel, are the ones who have given us harsh treatment and been intransigent; they are the ones who are not on the moral high ground.
The other worry is this. When we see the EU and Mr Barnier stating that nothing else will be discussed until we have agreed a divorce settlement of £50 billion, it seems that we are likely to spend all of this year, or at least until the German elections are over, arguing about that money while everything else, including all our citizens in Europe, will be left in the lurch. Indeed, if we have given away citizenship to Europeans in the UK, why on earth should the EU bother dealing with our citizens in Europe as a priority? This would be a very bad position to be in. We would have betrayed our own citizens and thrown them under the equivalent of a European bus.
This is not using people as bargaining chips; that is a silly description. Using people as bargaining chips would be saying something like, “If you give us access to the single market, we will let your people stay”, or, “If you put tariffs on our cars, we will not grant your people citizenship”. That would be grubby and unethical, but it is a million miles away from saying, “Can we agree, as a priority, reciprocal arrangements?”. It is our duty to look after our people in Europe just as much, if not more, than European citizens here.
(7 years, 9 months ago)
Lords ChamberMy Lords, I wonder whether the Labour Party could find room for others in this debate. Even if the noble Lord, Lord Lea, were right that we did not have to go through a process of joining EFTA and the EEA—I do not think that he was, actually—being a member of the EEA means accepting EU laws, as my noble friend Lord Forsyth has said, without any political representation or influence over them. This would, of course, result in less control for the UK over its destiny, rather than more. That is not what people voted for in the referendum. I oppose this amendment for those reasons and because it is directly inconsistent with the White Paper.
My Lords, there are those who say that, since voting to leave the EU was the only question on the ballot paper, it is legitimate to argue that people did not vote to leave the single market or the customs union. They are wrong, but we will deal with that in the fourth group of amendments. Those same people also argue that we can join the EEA and benefit from it while still leaving the EU. I believe that that, too, is wrong and misguided. However, your Lordships should not take my word for it: I will quote from the EEA website. After it describes what the EEA is, who are the contracting parties and when it was agreed, it goes on to say in point 4:
“What is included in the EEA Agreement? The EEA Agreement provides for the inclusion of EU legislation in all policy areas of the Single Market. This covers the four freedoms, i.e. the free movement of goods, services, persons and capital, as well as competition and state aid rules, but also the following horizontal policies: consumer protection, company law, environment, social policy and statistics. In addition, the EEA Agreement provides for cooperation in several flanking policies such as research and technological development, education, training and youth, employment, tourism, culture, civil protection, enterprise, entrepreneurship and small and medium-sized companies. The EEA Agreement guarantees equal rights and obligations within the Single Market for citizens and economic operators in the EEA. Through Article 6 of the EEA Agreement, the case law of the Court of Justice of the European Union is also of relevance to the EEA Agreement, as the provisions of the EEA Agreement shall be interpreted in conformity with the relevant rulings of the Court given prior to the date of signature, 2 May 1992”.
Therefore, if we join the EEA, we would, in effect, still be in the EU to all intents and purposes, with the exception of agriculture, fishing, justice and home affairs. All the rest of it we would have, lock, stock and barrel. We would not have control of our borders, our laws, our courts or much of our money. We would thus betray the people who voted to leave the EU, and that is why we should reject this amendment.
My Lords, I will make four very brief points. Will the Minister assure the House that this amendment is actually within the scope of the Bill? The Bill is about notifying withdrawal: this seems to me, as with many other amendments, to be about something completely different. Secondly, it is not within our unilateral gift. Even if the Prime Minister is instructed to remain a member of the EEA on our behalf, she cannot necessarily achieve this on her own. Thirdly, it is not a good idea to tie her hands in that fashion, and fourthly, even if this amendment succeeded—and the same is true of many others—and it became a part of this Bill, as the two years unrolled, it might prove to be inconvenient and an obstacle. There would be nothing to stop the Government simply repealing, or bringing forward measures to repeal, this particular measure, were it to be added to the Bill.
My Lords, I have put my name to Amendment 4, which was so effectively moved by the noble Lord, Lord Hain. Amendment 5, which is in my name and grouped with it, covers some of the matters that have already been discussed in the debate on Amendment 1.
The issue here is vital to much manufacturing industry in the UK and I am grateful to the noble Lord who spoke a moment ago emphasising that. The EU market is absolutely critical for manufacturers. This is generally true throughout the UK, but it is particularly true in Wales, where manufacturing represents a significant part of the economy and where the service sector is somewhat smaller than it is in other parts of these islands. I note the points made by the noble Lord, Lord Howell, and I respect them, but those arguments do not carry so much weight in Wales, given where we are now.
That is why the Welsh Government, led by Labour First Minister Carwyn Jones, jointly with the official Plaid Cymru Opposition led by Leanne Wood, have taken the unusual step of publishing a joint White Paper, Securing Wales’ Future, which has been endorsed by the National Assembly for Wales as a body. The White Paper calls for us to have,
“a new relationship with Europe”,
so it obviously accepts that, as a result of the referendum, we are leaving the EU as it is presently composed. That is something that I greatly regret, but it seems to be the reality.
The central theme of the White Paper is encapsulated in the following summary paragraph:
“We believe that full and unfettered access to the Single Market for goods, services and capital—including our key agricultural and food products—is vital for the forward interests of Wales and the UK as a whole and we urge the UK Government to adopt this as the top priority for negotiation with the EU”.
The reason for putting so much emphasis on this dimension is simple. When the old heavy industries in Wales declined as a source of employment, the replacement strategy adopted by successive Labour and Conservative Governments in London, and thereafter by Governments of Wales in Cardiff—and central to the highly successful work of the WDA—was to maximise inward investment to Wales by companies from America and Asia wanting to secure a manufacturing base in order to sell to the EU market.
This approach has been the key strategic element that has helped Wales to build a new manufacturing economy over the past three or four decades. I personally saw the merits of this at first hand, having worked before entering politics with three American corporations—Ford, Mars and Hoover, which was at Merthyr Tydfil at that time—and then having helped to set up a small company, Alpha-Dyffryn, which I chaired for nine years. This company was the sprat that caught the mackerel and secured the Siemens factory at Llanberis, which employs some 400 people and was established to sell to the European market.
What I know about all American companies coming to be based in Wales—companies such as Ford at Bridgend—is that they do so in order to sell to a European market of 500 million customers. If such companies had to overcome tariff or technical barriers, they would think twice before locating in Wales—or, indeed, in north-east England, Merseyside or the Midlands. They would certainly think twice about increasing their existing investment. Such unhampered access is equally relevant to key Welsh industries such as agriculture: 90% of our exports of beef and sheepmeat go to the European market.
The Welsh Government are not blind or deaf to the outcome of the referendum. They recognise that two elements that influenced some, though not all, of the out voters were, first, migration levels from the EU to the UK—although this amounts to only 2.6% of the population in Wales—and, secondly, the wish to avoid what some saw as unnecessary regulation. Those two elements may militate against our continuing full membership of the single market—although we note that, as has been mentioned, this is a price that Norway finds worth paying. Indeed, as has also been mentioned, some of the campaigners to leave the EU argued during the campaign that we would be able to seek a Norway-type relationship.
The Assembly White Paper states explicitly that the Welsh economy,
“will continue to need migration from EU countries to help sustain our private sector economy and public services”.
This is true of the tourist sector, of food processing, of the university sector and of much more. It is in the interests both of Wales and of the EU to reach an agreement that allows barrier-free access to the single market in return for an agreement to allow EU migrants to come to Wales to work. I emphasise the words “to work”. That is the key element in the approach of the Assembly White Paper, which explicitly states that,
“freedom of movement of people is linked to employment”.
That is the requirement and it should be acceptable both to EU countries and to ourselves.
What we ask in the amendments is that the Government commit to such an approach in their negotiations with our 27 EU partners. Equally, with regulations that may be needed to avoid market distortion, it should be possible to agree, and for the UK to legislate, for such regulations as may be needed to maintain a level playing field. In fact, the European Union Committee recognises this in its report Brexit: The Options for Trade, which, in paragraph 43 of the summary, on page 76, says:
“The notion that a country can have complete regulatory sovereignty while engaging in comprehensive free trade with partners is based on a misunderstanding of the nature of free trade. Modern FTAs involve extensive regulatory harmonisation in order to eliminate non-tariff barriers, and surveillance and dispute resolution arrangements to monitor and enforce implementation. The liberalisation of trade thus requires states to agree to limit the exercise of their sovereignty”.
In the context of these amendments, that is a very pertinent paragraph.
What is being sought by the cross-party approach in Wales is neither unreasonable nor impractical. Indeed, the wording of the Government’s White Paper leaves a small chink of light that suggests that they may in their heart be amenable to such an approach. Indeed, in paragraph 8.3 of the White Paper they say that a new negotiated agreement,
“may take in elements of current Single Market arrangements in certain areas as it makes no sense to start again from scratch when the UK and the remaining Member States have adhered to the same rules for so many years”.
Precisely. So why will the Government not accept one or other of the amendments as a token of their sincerity in that approach, or at least table their own amendment along these lines on Report? Industry, business and agriculture would then sleep much more easily—and so would the Government of Wales.
My Lords, I have no problem in agreeing with the noble Lord, Lord Wigley, that a good trade deal, and a fair trade deal, is important for Wales—and, indeed, for all parts of the United Kingdom. My problem with the amendments is that they fly directly in the face of what the people voted for. Since the referendum, many remainers have been peddling the myth that the people voted to leave the EU but not to leave the single market. The single market was not on the ballot paper, they say, so the people could not have voted for it. Apparently they just wanted to leave the EU but to stay in the single market; we heard that point put passionately by the noble Lord, Lord Ashdown, a few moments ago.
Remainers have accused my right honourable friend the Prime Minister of “opting” for a hard Brexit. I submit that that is nonsense. The Prime Minister is not opting for a hard Brexit, a soft Brexit or any sort of squishy Brexit; she is merely attempting to carry out the wishes of the people to leave the EU. That automatically means leaving the single market, because if we stay in the single market we are still in the EU, to all intents and purposes.
Would the noble Lord respond to the notion that the people decided that they wanted access but not membership? So the 48%—let us get this right—wanted membership of the single market and the 52% wanted access? Was that on the ballot paper, by any chance?
My Lords, it would be difficult to respond to that without tying myself in circles, because the noble Lord has got it slightly wrong. But I will come on to the point about people saying we could access the single market. At one point during the campaign, it may have been my right honourable friend Boris Johnson who said, “We could leave the EU and still access the single market”. What happened? All hell broke loose. It is not that we were shot down but the Government and their advisers dropped the equivalent of all their bunker-busting bombs on us. “No, no”, said the then Prime Minister, the Treasury and the BSE campaign. “If you vote to leave the EU, then you are out of the single market. You are out of the customs union. You can’t have one without the other”, said all the government spokesmen. “You can’t have your cake and eat it”, they said. On that occasion that is what the Government said. Opposition Members have quoted various leave spokesmen who have said, “Oh yes, we want to be in the single market and leave the EU”, or, “We want to access the single market and be in the EU”, but the response from the official BSE campaign, the Prime Minister and the Government was, “No, you can’t. Leaving the EU means leaving the single market too”. On that occasion, the remain campaign was not economical with the truth.
I just make the point that the argument that leave made was that the remainers were exaggerating and they were wrong. To their credit, people believed them and voted on that basis. So if you were a leave voter and you had listened to Daniel Hannan, if you were a leave voter and you had listened to Boris Johnson, if you were a leave voter and you were at any one of the many hustings that I went to, you would have heard the leave campaign saying absolutely clearly that you would have identical access; indeed, you would be in the single market even if you voted leave. That happened over and again and there are witnesses to it throughout this House.
If the leave campaign tried that early on in the campaign, it was certainly shot down by the Government, the Treasury and all their spokesmen very early on.
Is not the point a very simple one which the noble Lord does not appear to appreciate—that every country in the world has access to the single market? The issue was whether one was a member of the single market, which would mean that all businesses—that is, 90% of the businesses in this country—would be bound by these rules and regulations, which would apply to exporters. That was the distinction made.
My noble friend, as an expert in these matters, is absolutely right. He puts it very succinctly. Please correct me if I am wrong—I am very happy to be shot down on this point—but is it correct that if we stay in the single market, then we have to accept what the EU calls the four fundamental freedoms, including open borders? Is it true that if we stay in the single market, we have to pay into the EU budget to a certain extent? Is it correct that, if we stay in the single market, we have to let the European court rule over us? Is it correct that, if we stay in the single market, we have to accept laws made by a body over which this Parliament would have no say or control? That is not leaving the EU, and those who advocate staying in the single market know it full well. It is staying in the EU by the back door, and that is not what the British people voted for.
Perhaps the noble Lord would explain about the people of Norway who voted to not join the European Union and accepted all the things he said they had accepted.
My Lords, the last thing I heard about Norway was in the news last week. I believe that a Norwegian Minister, or former Minister, said, “Whatever you do, don’t join the EEA like we did. It was a terrible mistake”. I am not here to answer for Norway’s decision. I am here to support the decision of the British people—all 17.2 million of them. I was part of the leave campaign, a little junior cog, and after we were successful, some detailed studies were done. Contrary to the public view that everybody voted leave to stop or control immigration, the vast majority of people—72%—voted leave because they said that they wanted to get back control and sovereignty of their country. Only about 23% put immigration at the top of the list. Of course, admittedly, if you are taking back sovereignty and control and putting Parliament in charge, that means Parliament is in charge of immigration and a lot of other things as well. But let us not pretend that people voted leave purely because of immigration or because they wanted to stay in the single market.
I conclude with a comment that I made in my Second Reading speech, when I quoted my right honourable friend Sir Oliver Letwin MP, one of the Government’s foremost remain campaigners, and one of the then Prime Minister’s gurus when thinking about these things. He said in the other place on 31 January:
“I made it … clear … that … an inevitable consequence of leaving the EU would be leaving the single market”,
and leaving the customs union. He continued,
“it seems to me … that the people who voted to leave were voting with their eyes wide open, knowing that the consequence might be our falling back on the WTO”.—[Official Report, Commons, 31/01/17; col. 871.]
The Government made it clear at the time that leaving the EU meant leaving the single market. There is no excuse now to try to build in this amendment to thwart the decision of the British people.
I support Amendment 4. I do so because what the Government are doing is beyond me with their extreme form of Brexit in taking us out of the single market. Why are they doing it? Above all, why are those on the Conservative Benches who supported remain allowing them to do it? It is true that there was an instruction from the British people that we should leave the European Union but there was not an instruction for us to leave the single market, however much the noble Lord, Lord Blencathra, might wish there was. That was for the very simple reason that, as the noble Lord, Lord Hain, pointed out, that matter was not on the ballot paper. The noble Lord, Lord Blencathra, and other noble Lords on the leave side of this argument can speculate as much as they want about the reasons people voted the way they did, and I can speculate as well. However, the truth is that none of us actually knows. All we know is the instruction that was given on 23 June. The referendum campaign did not help much. The campaign on either side, frankly, in terms of getting to the facts, was not terribly helpful. The noble Lord quoted a number of Conservative politicians. That is part of the problem. The referendum campaign was effectively a factional fight between two wings of the Conservative Party, which did very little to illuminate the facts but, tragically, a very great deal to divide and damage the country.
What we do know—however much those opposite may protest—is what all the mainstream parties promised the electorate at the time of the last general election. It was that we would stay in the single market. That was at a time when the referendum was likely. Indeed, it was a pledge in the manifesto of the Conservative Party. As the noble Lord, Lord Hain, also mentioned, the Conservative Party manifesto could not have been clearer. To avoid any ambiguity it emphasised its clarity. It said:
“We say: yes to the Single Market”.
There was no caveat in the way that people suggest, so it is unclear to me why the Prime Minister has decided—given that she has no other mandate on this matter than that manifesto—that she is saying no to the single market. I have heard the noble Lord, Lord Lamont, and other noble Lords, including some Ministers, argue that the unambiguous pledge in the Conservative manifesto was somehow trumped by the fact that there would be a referendum and the Government would respect the result. You can respect the result of the referendum and withdraw from the European Union without withdrawing from the single market. Deciding to leave the EU does not mean leaving the single market, however much noble Lords opposite would like it to do so.
As has been mentioned, a number of countries are members of the European single market but not members of the European Union. Norway, in particular, was mentioned by the noble Lord, Lord Hannay. Norway sought to negotiate joining the EU at the same time as us in the 1970s. In the end, it had a referendum and voted against but it became a member of the single market. We should be very clear that when Norwegian Ministers were saying it was not ideal, they were not saying, “Don’t be members of the single market”; they were saying, “For goodness’ sake, stay in the European Union”. To suggest otherwise is just nonsense.
It is clear that it is possible to be both outside the EU and inside the single market. The question, therefore, is whether it is desirable. In my very strong view, it is. We know that the issue in world trade increasingly is not tariffs but non-tariff barriers. As the IFS noted in its report on the single market published in August last year, the service sector is particularly important to our economy and to our tax receipts and is particularly vulnerable. The financial services sector is likely to be disproportionately hit by loss of the single market.
For many of us, the decision to leave the EU is a tragedy that goes far beyond economics but it is compounded by the Government’s decision to pursue extreme Brexit no matter the cost to our economy. We have the opportunity tonight to ask them to think again. We should take it.
My Lords, I support Amendment 6, moved by the noble Baroness, Lady Quin. I will speak to Amendment 9, which is in my name and refers to all parts of the United Kingdom and not just the north-east of England. This whole group relates to the impacts of Brexit and the need for there to be assessment before the Government go much further.
It is estimated that around 160,000 jobs in the north-east of England are directly linked to our being part of the single market. That is because 58% of north-east exports go to the European Union, against a national figure of 42%. After 2019, with a hard Brexit there will be no automatic access to the single market, which is the largest free trade area in the world. Therefore, what are the economic advantages to the north-east of England or indeed to any part of the United Kingdom of losing that automatic access? I would like the Minister to explain how the Government plan to protect it.
I understand that the Minister met the North East Chamber of Commerce last Friday following an initiative by my noble friend Lord Beith. Will this be the first of many such meetings? I ask that because there are structures in London, Scotland, Wales and Northern Ireland for the Government to relate to, but what about the rest of the United Kingdom—the English regions? Regular meetings must be held with those regions to put them on an equal footing with Scotland, Wales, Northern Ireland and London. For that reason, I think that we need regional impact assessments of leaving the European Union. As an example of the problem, and as the noble Baroness, Lady Quin, emphasised, the north-east of England has a net balance of trade, with total exports amounting to £12.14 billion in 2015. No other region does so well in having such a positive balance of trade. The trade surplus in 2015 was £3.4 billion in the north-east—that is, the north-east local enterprise area and the Tees Valley local enterprise area added together.
It would be a disaster for jobs for this surplus to be lost. Chemicals had a trade surplus of £2 billion and the machinery and transport sector had a trade surplus of £2.3 billion. Some sectors had a trade deficit, which accounts for the overall surplus being £3.4 billion. Such a trade surplus is a very impressive figure for a small region in population terms such as the north-east of England. That is why I have concluded that the Government should establish resilience task forces in each part of the United Kingdom to work with the Government on the problems that will arise if we leave the single market and the customs union.
The abolition of government offices in England has not helped this situation and it has resulted in England being treated as a single entity run out of London. England is not a single entity and its differences should be reflected in the Government’s work on Brexit. In terms of EU funding support, we could look at our universities. The north-east universities are receiving £155 million in EU funding in the current funding period, 2014-20. They stand to lose access to much of that funding once we have left the European Union. Will the Government pick up the bill? Will they guarantee equivalent funding after 2020? In terms of structural funding, the north-east of England, including Tees Valley and the North East LEP, is receiving £590 million in structural funding from the EU in the 2014-20 period. Cornwall will receive £476 million, and Greater Manchester and Leeds City Region will receive more than £300 million each. England will receive £5.6 billion and the UK as a whole more than £8 billion. Will the Minister tell us what the Government’s plan is to make this money available after Brexit?
The question matters because it is the poorer parts of the country that voted more strongly for Brexit, but those are the very parts of the country that are in receipt of much higher levels of EU support. This is the challenge for the Government: have they any plans in place, eight months after the Brexit vote, to make those poorer parts of the United Kingdom resilient in the face of Brexit? The danger is that it is these very areas that will fall yet further behind once we leave the EU in 2019. What are the Government’s plans, in the face of Brexit, to generate growth in the poorer parts of the United Kingdom?
I apologise to the noble Lord, Lord Shipley, for attempting to get in before him: I had forgotten that other noble Lords had amendments they might wish to speak on. I must warn my noble friend the Minister that I am very tempted to support these amendments, provided he can give me two firm assurances—first, that these assessments will be carried out by the Bank of England, the IMF and the same geniuses at the Treasury who forecast that by 2030 we would all be £4,322.15 worse off; and secondly, that he will send these assessments to Mr Juncker and Mr Barnier. I can think of nothing more likely to completely mislead those with whom we will be negotiating. Better still, he might get PricewaterhouseCoopers to do it, after its spectacular success at the Oscars last night where it could not count up a few hundred votes correctly.
In all seriousness, when have we ever seen an impact assessment attached to a government Bill which was remotely worth the paper it was written on? They are meaningless rubbish and no one takes them seriously. I did take one seriously when I was asked to chair the joint Select Committee on the original draft so-called snoopers’ charter Bill, which some noble Lords and Members of the Commons served on. We went through that impact assessment in detail and tore it to shreds. It estimated about £900 million as expenditure and our committee calculated that the real figure would be about £2 billion to £3 billion. We all know that impact assessments are not very accurate.
On the other hand, let us suppose that the Government did manage to write a proper impact assessment. We could do that on a sector-by-sector basis for each industry. I suppose that we could get the leaders of all those industries and all the other experts to draw up a proper SWOT analysis where Ministers have a pretty accurate assessment of the strengths, weaknesses, opportunities and threats to that industry from staying in or leaving the EU. Let us say that those SWOTs were spot-on accurate. Does anyone seriously suggest that we should then publish them and hand them straight over to the EU negotiators so that they can spot all the weaknesses in our position and the strengths that we want to exploit? It would be the height of folly to do such a thing. Indeed, it would be barking mad. If we were to do that, why stop there? Let us send Mr Putin a list of all our defence weaknesses and get MI6 to tell ISIL about any gaps in our security. Will Mr Barnier and the EU give us a paper on their strengths and weaknesses? Will they tell us their impact assessment of Britain? Of course not.
I am not being totally facetious. We will embark on negotiations that will determine the future of this country. The EU is reported to be demanding a £50 billion divorce settlement from us. I hope that we will strongly resist that. But if we are so daft as to publish any weaknesses in our arguments against it, we could end up robbing the taxpayer of billions of pounds. Billions of pounds are at stake.
I am not against impact assessments per se, although I prefer the SWOT analysis. Indeed, I hope that our Ministers and the Prime Minister have them. But I also hope and pray that they are keeping them under a top secret cover and keeping them very close to their chest. The last thing we want is to have them published or shared or laid before Parliament, which is probably even worse than publishing them in the press.
My Lords, I will be slightly less cynical than the noble Lord, Lord Blencathra, on the subject of impact assessments. I will speak to Amendment 22 in my name and that of the noble Lord, Lord Lennie, the noble Baroness, Lady Hayter, and my noble friend Lord Kerslake. I will take a less cynical view about impact assessments.
For the historical record, it might interest noble Lords to know that when we were negotiating our accession to the European Union, the first thing that we tabled in Brussels was an impact assessment of the European budget on the United Kingdom, which of course had not been part of the European budget until then. It was a very long way different from the one tabled by the Commission in return, but we were actually right. The consequence of being right was a very long negotiation in the 1980s under Baroness Thatcher that resulted in the rebate system. My point is that when we were negotiating with the European Union from the outside, we had no hesitation whatever about producing an impact assessment—and thank heavens we did. Otherwise, we would not have got the commitment from the European Union that if things went as we predicted rather than as it predicted, it would adjust the budgetary burden, which eventually it did.
I want to look forward now and not backwards, because this seems quite odd. We are now a little over eight months from the referendum and it defies belief that the Minister and his colleagues have not conducted impact assessments by now. If not, I am not at all sure what they have been doing—but since I know that he is an extremely hard-working person I can assume that they have in fact quite a lot of impact assessments but are not sharing them with anyone else. It was rather odd, when the Prime Minister spoke at Lancaster House, and even odder when a White Paper was published, that there was not a single blooming figure in either of those two documents—not one. That was a trifle odd. It is not what the Government normally do. It is even odder if they do have impact assessments; it could be that they are so awful that they do not want to tell anyone about them. That also would not be hugely comforting.
I would like to play the game by the Minister’s rules. He has argued several times that to publish impact assessments would be to give the game away and give the people with whom we are negotiating some deadly secrets that they would be unable to get from anyone else. Okay, let us play the game by those rules. In that case, there are two impact assessments that could be published which would not have the slightest possibility of doing damage to us. The first is an assessment of where we would be in terms of our economy if we stayed in the European Union. That is not difficult to do, because the previous Government did it. If he looks at the papers that were published last March he will find it all there.
I support Amendment 18. All these negotiations are going to be complex and long and for the Government to expect a respite from parliamentary scrutiny would be quite wrong. If we have a commentary it will also raise the likelihood of Parliament accepting the outcome, because there is nothing worse than something being sprung on you. My noble—I was going to say my noble enemy, but my noble opponent—the noble Viscount, Lord Ridley, said earlier that the leavers had actually come round to the thought that if we lost the referendum, we would accept the result, and I think that that is partly because we talked through those things, we actually thought about it. It will be true for the EU negotiations as well that if the Government give as much information as they possibly can then the whole nation is more likely to accept what has happened.
My Lords, I oppose this amendment partly on the basis that we do not need to put it in the Bill and partly because I think I have heard my noble friend say on countless occasions that we will have scrutiny after scrutiny in this House and, no doubt, in the other place. We have no legislative requirement at the moment to scrutinise the EU. Does the Minister have at his fingertips, or will he be able to tell us in his reply, how many Oral Questions we have had answered on this? We seem to have one on the Order Paper every day on an EU issue. Half the Order Papers have Written Questions on the EU. We have some excellent Select Committee reports from our Select Committees—we seem to debate one every week—and we have countless other debates. We are having more scrutiny that I think we can cope with.
My worry is that once we trigger Article 50 this House will have nothing much to do next year. The other place will start with the great repeal Bill. All we will have will be the EU retaliating immediately after we have put in our bid and saying, “We are not having any of that nonsense—we want £50 billion, thank you”. We will have German and French elections—the Dutch elections may be over by then—and we will have information coming from Europe which will be from politicians and will not be helpful. All we will have, in the other place and in this place, will be colleagues rushing in, demanding Urgent Questions, putting down Motions here, there and everywhere, demanding ministerial Answers.
If the noble Lord reads my amendment he will see that the Government will actually have a clean bill of health for at least a year before they need to come back to Parliament on any of these issues.
Exactly what I was about to say was, if we could have these amendments where we will have an annual report, or a quarterly report, I think I would be happier to have that, in a structured form, agreed between the Government, the usual channels and the Select Committees, so we could have proper, structured debates on good nuggets of EU information, rather than the daily panics we are about to have as colleagues from all sides and in the other place, rush in demanding Urgent Questions on every rumour and scare story which comes from Europe. I do not think that we need to put in the Bill that we are going to have scrutiny: we can do scrutiny at the moment—we may be doing too much of it. Let us try to structure it so as to have sensible debate over the next two years.
My Lords, oddly, I am in the very strange position of mildly disagreeing with the noble Lord, Lord Blencathra, but certainly disagreeing with Amendment 18. I commented in my Second Reading speech that I felt that anything that added to uncertainty was very bad news and that uncertainty where commerce was concerned was bad news because that was the root of our prosperity and gave us our services that we need so dearly. I felt that uncertainty for people was particularly bad. We have had lots of uncertainty for people; we talked about the people of Northern Ireland this evening and there are lots of other people as well.
The other thing I said was how powerful our Select Committees are. I sit, as I remind the House, on the European Union Select Committee. We have already delivered, since Brexit, 10 reports for debate in eight months and there are a further seven reports for debate coming along. Tomorrow, I am sitting in a meeting talking about other reports that will come up before the anniversary.
Amendment 18 reckons that there should be one debate every quarter. I cannot believe that that is right. The Select Committees are serving up things for the House at a good rate and we are completely impartial. We are of this House and as and when we identify matters that need to be debated, boy are we down there like a rat down a hole. We make sure that the relevant people come before the House and the full expertise of the House can be brought to bear. Putting in place a structure like this makes the work of the Select Committees more difficult. It makes it more difficult for us to get Ministers, their staff and others before us answering sometimes more than two hours of tough questioning from people who are intelligent and engaged in what is going on. It would shut down opportunity to debate in this House were we to support Amendment 18. We should not fetter the House at all.
It is not only the Select Committees that will keep the Government right. One year after the end of this process, of course, there will be an election. If the Government are not right, they will be flung out. Accordingly, the best way of handling this is not to have formal structures, quarterly meetings or any of the other things in these amendments, but to rely on the strength of our own wonderful system of Select Committees. We should use them and the threat of being thrown out at the next election to make sure that the Government are fully held to account in this difficult process which will require all of us to co-operate.
(7 years, 10 months ago)
Lords ChamberThe noble Viscount makes an extremely good point. Indeed there are a number of organisations like Mercosur and certainly the GCC which my noble friend Lord Price has I am sure been in contact with. We will continue to have conversations with those groups as well as individual member states. I would be happy to discuss that point with him in more detail.
My Lords, has my noble friend seen the latest report from TheCityUK stating that the EU has been a straitjacket on the City of London, which will have a once-in-a-lifetime opportunity to now do business with the whole world? The EU’s own leaked report from the monetary affairs committee says that the EU has to do a workable deal with the UK, because it is absolutely vital for all Governments in the EU to get access to the City of London. In these circumstances, will my noble friend tell the remaining remoaners to start having faith that this is a great country, and we can be an even better country once we are outside the straitjacket of the dying and declining EU?
My noble friend makes a good point. There is a growing realisation across many financial services, both in the City and elsewhere, about the means by which we can come to some workable arrangement that I hope is to our mutual benefits. I remind your Lordships of what the Governor of the Bank of England said a couple of weeks ago about the risks that Brexit poses:
“there are greater financial stability risks on the continent in the short term, for the transition, than there are for the UK”.
As my noble friend says, there is a growing realisation on these points and of how we might come to some workable solution in the future.