EU: Future Relationship

Lord Bowness Excerpts

Wednesday 23rd September 2020 Grand Committee

[Lord Bowness (Con) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Judd, who has reminded us in a timely fashion that the whole idea of the European Union is about more than trade and visiting the continent. His words need to be listened to.

I thank the Government for providing this debate, even if it is overdue. I know and understand that they do not wish to give a running commentary on negotiations, but our citizens and Parliament are entitled to know where we are headed, particularly since there is such a short time until 31 December, and an even shorter time until the Prime Minister’s October deadline.

We started this Parliament with the famous oven-ready deal, which was negotiated, at least to a small extent, by the Prime Minister. That agreement is now enshrined in the withdrawal Act and was accompanied by the political declaration, which was also changed from that negotiated by Mrs May. However, the Prime Minister’s declaration nevertheless contains ambitious aspirations for our future relationship with the EU. The Government should tell us openly and honestly how many of the hopes expressed in the political declaration have now been abandoned. It appears that the security partnership has been set to one side for now, and obviously the concept of a level playing field envisaged for trade agreement has vanished. What else are we not pursuing?

For those who have always wanted no deal or who have been relaxed about its prospect, this may be of no great concern. However, for others, who may have been supportive of Brexit or who, like me, have had to accept the reality of Brexit, the dash for the door and the apparent desire to cut as many of our ties with the EU because it is the EU is unnecessary and undesirable. There is a temptation, to which the Government seem willing to succumb, to blame everything on the EU negotiators. Perhaps we have never understood that the EU is a law and rule-based union, so the negotiator has to stay within his mandate until it is changed by the other 27. Nor do we seem to acknowledge the special position we occupy by geography and more than 40 years of membership. We are not just an ordinary third country. The withdrawal agreement especially and the political declaration are assumed to be settled and binding upon the parties, and there is a presumption that we will see them in the same way. That we do not is evidenced by the Internal Market Bill. Indeed, I say no more than has been said by Sir John Major and Theresa May, who both brought to the office of Prime Minister the dignity and integrity that we expect. They have been supported by other eminent Conservatives from both sides of the Brexit/remain debate.

Although we understand that nothing is agreed until everything is agreed, I urge the Minister to persuade his colleagues in government to let us have some kind of statement setting out what has been discussed to date, what has been agreed in principle and what in the political declaration is no longer an aspiration. Many of the issues are of importance to individuals. If you visit the Government’s website on visiting Europe from 1 January 2021, it tells you, as set out by the noble Lord, Lord Hain—I will not repeat what he said—all the possible problems that you will face as a traveller to Europe post 31 December. I will take one example only, which is the problem you will have trying to take your dog with you. The site advises you that it may take four months to make the arrangements, but we will be out by then. Four months has long since gone. I am told that some matters in the list are for bilateral agreements, but where are we with the 27 on drivers’ licences and disabled people’s blue badges? Which member states have been able to agree the same arrangements? Almost every aspect of the negotiation process gives cause for concern.

We were assured during the passage of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill that EU citizens with settled status and social security rights are safeguarded by the withdrawal agreement and the Act passed by this Parliament, and I have been assured that Clause 5 of that Bill could not be used to change their benefit entitlement unfavourably with EU citizens. I read the Government’s Factsheet 4 on that Bill; it is not easy to read and seems to have a number of perhaps unintended ambiguities. It says that the Bill contains a power to

“amend the retained EU social security co-ordination rules and deliver policy changes at the end of the transition period.”

It says that the SSC regulations may be changed and modified by “an appropriate authority”, and that

“The EU (Withdrawal Agreement) Act 2020 establishes a cohort of citizens to whom the EU’s current social security co-ordination rules will continue to apply after the end of the transition period, whether or not a future relationship … is agreed”.


However, it says that changes to these rules will be made only under the Bill and

“will not be applied to this group for as long as they remain in scope of the Withdrawal Agreement.”

What, in the view of the Government, does that mean? We have already seen that they have read certain agreements in their own way when it did not actually suit. The factsheet says:

“The government would require clause 5 to repeal those areas of the retained regulations not covered in a reciprocal agreement with the EU.”


So where are we on no deal? These are all matters where clarity, openness and honesty are needed. I pose the question again: can Clause 5 of that Bill, in any circumstances at all, be used to leave EU citizens with settled status in a less-favourable situation than UK citizens?

It is not easy to have trust in the Government in the light of their abandonment of the aspirations of the political declaration signed by the Prime Minister, either in ignorance or with the notion that “Well, it’ll all be all right, and we can change it if we desire it.” I wish that we had stayed with the words of the political declaration, where we were

“determined to work together to safeguard the rules-based international order, the rule of law and promotion of democracy, and high standards of free and fair trade and workers’ rights”,

and many other things. In that position we would have established a broad, deep and flexible partnership. That is what we should have with our near neighbours and friends.