(5 years, 11 months ago)
Lords ChamberIn the debate last week, the Prime Minister said in her opening speech—and I repeated it here in my opening speech—that we are looking at ways in which Parliament can be more involved. Specifically, in the Statement today, she said and I repeated that:
“We are also looking closely at new ways of empowering the House of Commons to ensure that any provision for a backstop has democratic legitimacy and to enable the House to place its own obligations on the Government to ensure that the backstop cannot be in place indefinitely”.
The Prime Minister will continue to hold discussions with Members to think about how best to do that.
My Lords, I thank the noble Baroness for repeating the Statement and I assure her that it is not part of the role of the EU Committee of this House to take a partisan stance on these matters, particularly when feelings are running very high. However, will she reflect on two things which both arise from the context of what we might call renewed parliamentary interest in the management of the Brexit process? The first, not least because a number of our colleagues have been frustrated in making their contributions this evening, is to ask whether she will take back to her colleagues the possibility of this House’s involvement, at least on an advisory basis, in giving a view on whatever additional assurances the Prime Minister might achieve in relation to the backstop. The second goes rather wider in relation to no-deal contingency planning. It would be fair to say that the Government have been reticent in providing information to parliamentarians of all kinds about how this is going. Can we take it as part of the package that the Government will be more forthcoming on whatever basis is appropriate so that we can be alerted to the continuing process?
I echo the apologies that my noble friend the Chief Whip made to noble Lords who were hoping to contribute today. I am sorry that they will not be able to do so but, as the noble Baroness said, we look forward to hearing those contributions at a future stage. The Government have been very open about their no-deal preparations. As I said, we have published 106 technical notices, and many Ministers have appeared on many occasions in your Lordships’ House and in our committees to set out our plans, and we will continue to do so.
(5 years, 11 months ago)
Lords ChamberMy Lords, I am struck by the gulf between the measured analysis of the withdrawal agreement and political declaration that we have attempted to offer in our EU Committee report published this morning and the intense emotions, concealed or express, felt on all sides of the House and across the nation. We have taken the view as a Committee that our role is not to plump for one particular policy or another—there will of course be differences among Committee members—but instead to offer your Lordships a cool and precise analysis of the situation, and leave it to colleagues to take their own approach.
Over the 30 months since the Brexit referendum, we have published almost 40 reports on major policy issues and on the conduct of the negotiations. It is now abundantly clear that these matters are complex and simply not amenable to simplistic solutions or, if I dare say it, soundbite policies. Most of all, despite what was said on either side in campaigning, they do not lend themselves to absolutist opinions. I ask myself: what became of our vaunted British common sense and pragmatism?
Meanwhile, I recognise that the arguments are shifting, as those who are not obsessives begin to realise that we have only a few months left to sort ourselves out. Many others, who have better things to do than wander and wade through more than 500 pages of legal documents, want this all to be over, while at the same time are rightly concerned as to how it will affect them and those nearest to them. I still deploy the simple test of the European health insurance card: after 29 March, will it still work or not?
We now at least have a deal for the withdrawal agreement, as required under Article 50, and a core text for the declaration on future relations. It is unlikely that our European colleagues will want to reopen the former or rush to reconsider the latter. In our report, we point to some serious issues over the proposed transition or implementation period. However, it does buy time for the measured consideration of the many compromises and trade-offs we shall need in a prolonged negotiation, of which, frankly, only the first phase is concluded. We also raise significant concerns over the proposed backstop while identifying positive elements and omissions and ambiguities in the political declaration. I hope that our report will provide food for thought to noble Lords contributing to this debate and more widely in the national debate.
I offer five short thoughts in conclusion. First, while we must meet the needs of the United Kingdom as a whole, we must also take full account of the views and concerns of its constituent parts, as well as the members of the wider British family, including Gibraltar, the other overseas territories and the Crown dependencies. Secondly, we must answer the conundrum of ensuring no hard border on the island of Ireland while retaining the territorial integrity of the UK and ensuring that the voices and concerns of both communities in Northern Ireland are heard. Thirdly, we should be conscious that every option open to us involves costs and compromises. There is no easy or costless change of policy. Fourthly, we should remember the habits of co-operation and friendship built up over decades of our membership and not burn our bridges with the remaining 27 member states. Finally, if we decide to jump into the unknown, remember to pack a reserve parachute.
(7 years, 7 months ago)
Lords ChamberMy Lords, as chairman of your Lordships’ European Union Committee, may I very much welcome the tone of the Government’s Statement and of the letter to President Tusk, in particular the reference to the very first principle of negotiation: that we should engage with one another constructively and respectfully in a spirit of sincere co-operation? In the same vein, and having regard to the fact that the triggering of Article 50 is unprecedented within the membership of the European Union, will Her Majesty’s Government undertake to sit down with the scrutiny committees in both Houses and with other representative parliamentarians and representative bodies to try to hammer out some middle-way approach to scrutiny which avoids, on the one hand, micromanagement or interference in the negotiating process, which I agree is inappropriate, but on the other hand does not simply leave us to comment semi-helplessly long after events have been set more or less in stone?
I thank the noble Lord and once again pay tribute to the work of the Select Committees of this House, which have done an invaluable job already in investigating a number of very important issues and providing some very useful information. As the noble Lord will know, tomorrow we will produce the White Paper on the great repeal Bill, which will be the beginning of the discussion on the scrutiny of legislation going forward. I reiterate that key changes to policy will be brought forward in primary legislation, so this House will have the opportunity to be involved, but I know that my noble friend Lord Bridges and the Chief Whip have already been in touch with a number of committee chairs and will continue to have that discussion, as we will through the usual channels. I hope this House will accept that we have tried to be open; I know it has not always satisfied noble Lords, but we will do our best.
(7 years, 8 months ago)
Lords ChamberMy Lords, I am grateful for the opportunity to contribute as chair of your European Union Committee. I thank the Leader of the House for her very generous remarks about our work, which I will certainly pass on both to my members and, more importantly, to our very hard-working and excellent staff.
To turn to the matter in hand, I will first outline the committee’s position. Individual members of the committee and its six sub-committees, who total 73 Members of your Lordships’ House, of course have their own personal views on Brexit. Indeed, many of them are speaking today and tomorrow in the debate. But as a committee we made it clear before the referendum last June that it was for the people to decide whether to leave. Our job as a committee is to play our part in ensuring that Brexit is achieved in the most effective way possible.
In seeking to fulfil this objective, the committee has done two major things since the referendum. First, it has been publishing a series of reports on the implications of Brexit for specific policy areas. Six were published on consecutive days before Christmas, another last week, and a series will follow in forthcoming weeks. Some of those reports have already been debated and I hope there will be further opportunities for your Lordships’ House to debate other reports in the weeks to come. Accurate information, analysis, scrutiny and transparency—and, of course, impartiality—are our watchwords. Those are the Government’s and the public’s best allies in making a success of Brexit. I ask the Minister to give us an undertaking that the reports of my committee, and of other committees of your Lordships’ House not necessarily within our family, will be taken genuinely into account as the negotiations get under way.
Secondly, we have consistently stressed the importance of full parliamentary accountability during the negotiations themselves. We all understand by now the principle of “no running commentary”, and as a committee we accept that parliamentary micromanagement of the process would be inappropriate. But neither is mere accountability after the fact sufficient. It is not enough that Parliament will get a vote at the end of the day in early 2019, presented with a “take it or leave it” offer—take the deal, however bad, or take the catastrophic consequences of a forced and disorderly Brexit. Consent must be earned over time and by dialogue, so the Government need to embrace scrutiny and provide a regular, appropriate flow of information to parliamentary committees throughout the negotiations.
To be fair, the Government appear to have conceded this point, though in slightly oblique terms, by offering Parliament at least as much information as is to be made available to the European Parliament, but how much information that will be in practice remains to be seen. We now need specific, concrete commitments. The Government should heed the words of Sir Ivan Rogers in his evidence last month to the House of Commons European Scrutiny Committee, when he described Brussels as “very leaky”, and said:
“You should all expect an awful lot of this negotiation to be conducted very publicly”.
The Government would be wise to make a virtue of necessity and involve Parliament fully in the process from the outset. To revert to our report, we also argued that both Houses should have an opportunity to approve the Government’s negotiating priorities before Article 50 is triggered. It does not appear that this will now take place. I regret that. It is a missed opportunity and I hope it is not to be the first of many.
The Bill, of course, has just one object: to authorise the Prime Minister to make a notification of withdrawal under Article 50. That objective is of course entirely consistent with the outcome of the referendum. Therefore, whatever my personal views of the outcome, I must support the Bill. As a non-affiliated officeholder, I have not voted in any Division since my appointment, nor will I take part in any votes on individual amendments to this Bill, the merits of which are matters of political judgment. But I repeat: the people of the United Kingdom have spoken and it is incumbent on all of us to play our part to ensure that Brexit is delivered in the most effective way possible. Therefore, as chairman of the European Union Committee, I feel obliged to support the Government in giving effect to the decision taken by the people on 23 June last year. If any material attempt is made to frustrate the Bill, I will vote for the Bill to prevail.
(8 years, 4 months ago)
Lords ChamberMy Lords, it may help the House if I confine my remarks as chair of the European Union Select Committee to the immediate task in hand: that is, making the most effective and constructive input we can, as a committee, to the Brexit process. It is not for me, as chair, to express today a view on the timing of withdrawal or of notification under Article 50, or in any way to prejudge decisions that will be for the incoming Prime Minister.
In times of turmoil, it is wise to “keep calm and carry on”, but not to the extent of ploughing on regardless. For our 43 years of European Union membership, our committee and its sub-committees have grounded our work in the scrutiny of documents, and we have together made good use of Members, many but by no means all of whom have specialist experience, alongside an expert staff. We have built a reputation for independent, evidence-based inquiry, demonstrated most recently by the huge amount of interest generated by our report published in May on the process of withdrawing from the European Union.
I should stress that we simply cannot give up on scrutiny. The EU continues to develop legislation and policies with an impact on the United Kingdom, its businesses and its citizens for as long as we remain members. Even thereafter, in areas where continuing involvement with the European Union is possible, such as single-market and security issues, decisions reached now at EU level could have a continuing impact on our future interests. I am therefore glad that the United Kingdom Government have made it clear that they will continue to be represented at Council meetings, and that the Government will continue to provide explanatory memoranda to us for European Union documents.
As a committee we will continue to fulfil our scrutiny duty but will strive to keep it proportionate and will put a particular focus on issues relevant to the withdrawal negotiations and our long-term interests. But our remit is not limited to scrutiny, and it is clear that a new focus on Brexit will be required. We are pleased that Oliver Letwin, who heads the new Brexit unit, has agreed to see us, alongside the Europe Minister, David Lidington, later today. I hope that our committee will be in a position to publish some initial thoughts on how this House can best scrutinise the withdrawal negotiations before the Summer Recess. That is, I suggest, a matter of both operational arrangements and the major subject areas of concern.
We are conscious of the risk of duplication and overload, so we will look at how best to collaborate or co-operate with other committees in both Houses. We will also build on our existing good links with the devolved legislatures and Administrations. It is clear that in a fast-moving situation we will need to enhance communication with all the main players and find innovative ways of picking up the phone and talking to people, and we must be ready to show flexibility and make changes as appropriate. I remind noble Lords that we as a committee are not conducting these negotiations; we are scrutinising them, and our use of resources should reflect that practical reality.
Nevertheless, I note, looking around the House, that there is a rich resource of experience here on the Whitehall side, and I hope that ways can be found for the civil and diplomatic services to tap into this to supplement their existing resources. I myself was once drafted in to help out with a comparatively minor crisis a generation ago, and suggest that Whitehall often does its most productive work when the scale of events demands innovation and flexibility. I should stress, though, that this is not an area of work I would seek to put through my committee.
Instead, we can perhaps as a committee help more effectively in two other areas. First, we are charged with representing the House in interparliamentary relations within the European Union. I hope that we will keep up our bilateral ties and friendships with colleagues in other European member states to maintain mutual understanding in testing times—although, of course, I invite colleagues outside our committee also to maintain that process and to feed it into us. Secondly, I believe very strongly that we have a real duty and democratic obligation to the country, as well as to this House, to do our best to analyse and explain unfolding events. We have all already heard horrible stories of intimidation but are also very well aware of the wider subcurrents of concern and uncertainty felt across our society.
As a committee, we have a continuing duty to provide evidence-based, non-partisan, timely analysis of events as they unfold. Much of that work will continue to bear fruit in reports from my committee, although I am also giving some thought to how I might respond more informally to issues raised by colleagues.
We now have to make the best job we can, for the sake of both our own country and of our neighbours and allies. The process must start with a readiness to contemplate necessary change and to work with others to ensure that, as I hope and believe, the outcome will be one that all of us can live with.
(8 years, 4 months ago)
Lords ChamberI am grateful to the noble Lord for giving me an opportunity to say how much I admire my noble friend Lord Hill, as my predecessor in this role and also for the work that he has done as a commissioner. He set out his reasons for deciding to step down from his role and the Commission decided to move his responsibilities to another commissioner.
Financial stability is clearly being given huge priority within government. We have heard from the Governor of the Bank and from what the Chancellor said this morning all the steps that have been taken so far to provide stability to the financial markets, and their readiness to go further, should that be necessary. But we must not forget that the reason we are in a strong position to deal with this situation is the progress that we have made over the last few years in ensuring that we have a strong economy and can deal with this situation. I absolutely acknowledge that the situation is uncertain, but we can deal with it.
My Lords, I, too, welcome the Leader of the House’s repeating of the Statement and the personal postscript that she added in relation to the role of this House, and specifically of the EU Select Committee which I have the honour to chair. Will she therefore confirm to the House that at all stages, however long it takes, in the complex process of withdrawal and the development of a future relationship with the European Union, it is essential—perhaps more than it ever has been before and, to be frank, more than was evidenced during the process of the Prime Minister’s now aborted renegotiation bid over the last 12 months—that both Houses of Parliament should be informed and enabled so that they may make a full and constructive contribution to the discussion of these crucial issues? Frankly, this is a moment of crisis. In the interests of both this country and, we should not forget, its immediate neighbours and their economies, too, must not an opportunity be provided to enable the collective wisdom and experience of this House to be heard?
My Lords, I certainly acknowledge—as the noble Lord noted—that there is a huge amount of expertise and knowledge in this House that will make a strong contribution to the process. I am not in a position to provide the detail for which he asked. However, I will pick up on an important point that he made: while we have a big task in front of us in negotiating our exit and a new relationship with the European Union, we have strong bilateral relations with other member states within the European Union and, indeed, other countries around the world. We must continue with those relations, and continue to strengthen them, during this process.
(8 years, 9 months ago)
Lords ChamberI have huge respect for my noble friend and for his position and views on Britain’s relationship with the European Union. He has been involved in lots of negotiations in Europe over a significant period of time. From my perspective as a relative newcomer to this kind of thing and as a member of the Government, I look at what the right honourable David Cameron, our Prime Minister, has achieved. Let us not forget that it is Donald Tusk who has published this set of draft proposals, not the Prime Minister. Let us look at what he has come forward with. The Prime Minister has achieved something that nobody before him has achieved. On ever closer union, we will see for the first time institutions in Europe that we have criticised time and again for using the treaties and their preambles to try to extend the scope and power of union no longer able to do that. I think that is a massive step forward.
My Lords, as chairman of the European Union Select Committee, I shall focus on the role of national parliaments. The text proposes that the Council will discontinue consideration of draft legislation in the event that reasoned opinions are sent representing more than 55% of the votes allocated to national parliaments. That is certainly welcome, as far as it goes. How will the new procedure interact with the existing reasoned opinion procedure, which will be considered by the House in its next business today? How can it be ensured that this new tool is of practical as well as purely symbolic value? What steps will be taken to put in place an effective mechanism for national parliaments to work together?
Last week in evidence to my committee the Foreign Secretary stressed the need to establish a more effective support machinery to co-ordinate the work of national parliaments. Can the noble Baroness confirm that the Government will actively work on such developments alongside this draft agreement?
The noble Lord is right to point out that the next business of your Lordships’ House is on a reasoned opinion, using one of the mechanisms that currently exist for sovereign parliaments to make their views known. The draft text proposes that parliaments have much greater power, with a red card, than they have currently. Clearly, a lot of the detail is still to be sorted out on mechanisms that would be used and how the red card would interplay with the yellow card. I think it is safe to assume that having at parliaments’ disposal a power that they do not currently have to block legislation would be a strong incentive to them to be more active than they might have been when they had at their disposal only a yellow card. My right honourable friend the Foreign Secretary is right to suggest that there might be greater co-ordination between parliaments across Europe to ensure that they get to the minimum level to have real and dramatic effect with the use of this new power.
(13 years, 9 months ago)
Lords ChamberI have asked for this amendment to stand alone in the group. I believe that it is right to get on with the business of looking at the number as it was adequately debated in the other place.
I believe that 630 will give the Government the ability to achieve all their aims: to reduce the number of constituencies, equalise the number of voters, and for our constituencies to represent a community of interest, which is important. This is a genuine attempt to be helpful, as was my Motion to split the Bill before the Second Reading began. I wanted the Government to be able to meet their deadline of having a referendum on 5 May and I hope that they understand that this amendment is in the same vein.
Before looking at the reasons behind having a House of 630, it is important to go through why I believe that the figure of 600 will not work. I am against setting a House of 600, because I believe that it will take away the power of the independent commissioners and put the power to draw boundaries in the hands of politicians. That is a bad thing. When you consider the number of 600 and begin to draw maps across the United Kingdom, you see that it will end up looking like the rush of the former colonial powers to carve up Africa. At the time, they thought that it was okay to carve up countries along straight lines—not to recognise a community of interest, natural borders and other interests. This will be a great mistake.
I have a previous experience of something like this happening to a constituency where I lived. My noble friend Lord Beecham referred to that example previously. In the mid-1980s I lived in a constituency called Tyne Bridge. That constituency was drawn from four local government wards in Newcastle and four in Gateshead. While I was living in that constituency, there was a parliamentary by-election. I had worked in some by-elections. I had worked in Peter Tatchell's by-election in Bermondsey and in a by-election in Mitcham and Morden during the Falklands War, so I am used to voters being forthright in their views on the doorstep. I have never had as much abuse on the doorstep as when a constituency was combined from wards from Newcastle and Gateshead, which had the River Tyne running through them. People know where they live. In that by-election, they voted with their feet. It was the first by-election for many decades when less than 40 per cent of voters turned out.
The figure of 600 will also create constituencies that are too large. There are 49 million voters in this country eligible to be registered. Therefore, the constituencies that we draw must allow for 49 million people to be in constituencies. None of us knows what the cut-off register will be at 31 December as it has not been published; and we do not know where the cut-off will be until the Bill is passed. So we need to start with the premise that constituencies will hold the number of people who are entitled to vote. With 600 constituencies, we have about 81,000 electors each. It would have been 75,000 based on the 2010 general election. That is 81,000 if all voters on the register last year are on the new register at the cut-off of 31 December.
A ceiling of 600 constituencies does not take account of any population move. I ask the Minister to answer on this point. Over the next 20 years, the population of the United Kingdom is, we are told, to exceed 70 million. That increase to the voting population will come through in any event. Over the next 20 years, it may also be added to by, for example, lowering the voting age to 16. I have only to look around in my local authority to see that the rising-fours will add 25 per cent to the primary school population. It is wrong and ill thought out to cap a number that does not allow for a movement of population. It would be much better to do it on the basis of the number of voters that you wish to see in a constituency. But if you do not do that, setting the number at 600 makes the constituencies far too large.
Will the noble Baroness acknowledge that under the present arrangements, some of us, myself included, have had the privilege or the task of wrestling with an electorate approaching 90,000 already? Some of her concerns about these overlarge constituencies are less than well founded.
The difference in the situation proposed under the legislation from that which has formerly been is simply that the number of voters in a constituency is taken together with a whole series of other factors, one of which does not have primacy—so you do not split local government boundaries or county boundaries. You can take into account the geography in the Boundary Commission’s book when you know that there is going to be an increase in population. You can take into account other physical barriers, such as motorways and so on. In large constituencies you tend to have an electorate with a community of interests which it is possible to represent. A good example of that would obviously be the Isle of Wight. With this, you will go across vast areas where people do not recognise the other parts of the geographical area in the same constituency.
I need to go back to this issue because I feel that I can answer it. How do we end up with the number 600? I will explain why it would be right to have a House of Commons comprising 630 MPs. How do you end up with 600 MPs when one part of the coalition is suggesting 500 and the other is suggesting 585. I do not suggest that either party is innumerate, but generally you would fix somewhere around the figure of 540. You would not come up with a figure that was larger than either of the two figures suggested if it was not based on something else.
I have seen the figure published on current affairs and news items, and I have read it in the newspapers. I cannot believe that I am the only person in your Lordships’ House who reads newspapers and watches television. From examining them, I know that eminent psephologists of all political persuasions tell us that 600 is the figure that most benefits the Conservative Party. I knew that already because that is what my former counterparts at the Conservative Party head office had told me, so it was no surprise. The problem is that the figure is based on what I would describe as an obsession. There is a belief in the Conservative Party that it was robbed of the elections between 1997 and 2010, and that if only the electoral system had been different the Conservative Party would have won the election.
I will give three quotes from the debate so far. These are just examples, but I could go through Hansard and repeat them. The noble Lord, Lord Maples, said that,
“the general election in 2010 … required the Conservative Party to get 40 per cent of the vote to get an overall majority, but Labour to get only 34 per cent cannot possibly be considered fair”.—[Official Report, 15/11/10; col. 571.]
This is an example of trying to change the constituencies because of a belief that this is what prompts the differential between the numbers of votes for the parties.
The noble Lord, Lord King of Bridgwater, said that he,
“remembers the 2001 election in which we won the vote in England … we ended up with 60 or 90 fewer seats, having received more votes in England. The whole thesis of the Opposition is to keep the situation like that”.—[Official Report, 12/1/11; col. 1522.]
I have heard some noble Baronesses opposite even say that they were robbed of three constituencies through electoral fraud. The reality is this. At the last election, the electorate decided that it no longer wanted Labour to be in government. That is clear. However, it was not sure that the Conservative Party was ready to govern. That is why the Conservative Party did not get an overall majority.
I shall give one other quote:
“The equalising of the size of constituencies would remove an unfair advantage currently enjoyed by Labour”.
That was from a publication by Andrew Tyrie MP in 2004, with a foreword by Damian Green MP, to which I think my noble friend Lord Soley has already referred. This has been going on for many years in the Conservative Party, but it is apocryphal. It is not true; it is a falsehood. Labour gets elected on fewer votes because in Labour constituencies, the voters are people who are less likely to vote because of their social and economic demographics. The reverse is true for the Conservative Party. It seems to have become a real obsession, and I believe that the Government now need to move past it.
When I was in the Labour Party during 18 years in opposition, I remember that I wanted to see my party put many Bills through the House of Commons and the House of Lords. They were on matters such as introducing a minimum wage, education reform and reducing hospital waiting lists. My personal experience was that my mother had to wait 18 months in severe pain for a hip replacement operation. I wanted to see handguns removed because of the Dunblane massacre. It is telling that one of the first Bills that the Government wish to introduce would reduce the number of constituencies from 650 to 600.
Why the figure of 630? I believe that if we introduced 630 with an eligible electorate of 78,000, that would make for reasonably sized constituencies for Members to represent. I also believe that reducing the House by 20 seats would take away some of the worst excesses of large constituencies. Like all around the House, I want as far as possible to see constituencies of the same size, and this figure would allow for that. I say again that the average size of the constituencies of all three parties—Labour, Lib Dem and the Conservatives—does not differ by the quota set out in the Bill, but a figure of 630 will allow county boundaries and local government boundaries not to be crossed. That will make the exercise of the Boundary Commission much more efficient and much quicker. It will also allow a community of interest to prevail.
I would prefer that we concentrated on the number of voters in these constituencies. I think it is important that we represent the public from the grass roots up, not from the top down. The Government have already made it clear that they are not prepared to accept that view, so I am introducing an amendment which I believe will allow them to do what they are trying to do, but in a way that will represent our communities and take the public with us.