European Union (Withdrawal Agreement) Bill

Lord Bridges of Headley Excerpts

Committee: 2nd sitting (Hansard continued) & Committee stage & Committee: 2nd sitting (Hansard continued): House of Lords
Wednesday 15th January 2020 Lords Chamber

In both scenarios, an extension of negotiations would clearly be in the national interest. The only third option, in the event of a failure to agree a comprehensive agreement by October, would be for the Government to negotiate an amendment of the withdrawal agreement to agree an extension of the implementation period, notwithstanding the current cut-off date of 31 June, and then to amend this legislation along the lines of that amendment. This would be, in one sense, what the Government did twice last year to extend the Brexit date for further negotiations and to get the legislation through Parliament. But in that, as in the other two scenarios, having the current Clause 33 in the Bill is simply unhelpful. It is unnecessary and potentially damaging to the economy, our security and the national interest. It should be deleted now.

[Lord Bridges of Headley (Con)]

My Lords, just before the noble Lord sits down, I quickly ask him something on a point of information. He spoke for 10 minutes and did not mention two words: “Salisbury convention”. I am sure he knows that, on page 5 of the Conservative Party manifesto, there is a clear commitment not to extend the implementation period. Does he agree that this amendment is in contradiction to the Salisbury convention?

[Lord Newby]

No, because it does not require the period to be extended at all. If the Prime Minister is correct and we pass this amendment, there is absolutely no let or hindrance to the Tory party manifesto being adhered to. Deleting this clause will, I fear, make the Prime Minister’s life easier. He should welcome it.

European Union (Withdrawal Agreement) Bill

Lord Bridges of Headley Excerpts

2nd reading & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard)
Monday 13th January 2020 Lords Chamber

[Lord Bridges of Headley (Con)]

My Lords, while it is always a great pleasure to follow the noble Lord, Lord Kerr, who I know, like a number of your Lordships, feels a sense of regret and sadness at the passing of the Bill—and it will be passed—I myself feel a sense of relief, not just because, as my noble friend Lord Forsyth said, there is no longer that blue-suited star-spangled man on College Green shouting “Stop Brexit!” every two minutes but because we are now able to break out of the political gridlock that was exhausting and frustrating not just this Parliament but the entire country, and we can get on with Brexit. I say that as someone who voted to remain.

I have always believed, and argued from the Dispatch Box and from the Back Benches, that we have to honour the result of the referendum, but for the last three years this nation has twisted and turned in the wind because the Government were in office but not in power at Westminster and therefore lacked real credibility at the negotiating table in Brussels. The powers and role of Parliament and those of the Executive, as my noble friend Lord Forsyth said, became blurred. That lack of clarity led to even more uncertainty, not helped by those who rejected the result of the referendum in the first place, and our European partners saw that. The President of the European Commission said just last week in London:

“During the Withdrawal Agreement negotiation, there was always the uncertainty around whether Brexit would happen. It was an uncertainty that made the negotiation inevitably tense.”


That is one way of putting it. I would say that the sense that Parliament was in control rather than the Government made concluding the negotiations nigh-on impossible, and that is why the general election was, as I have argued before, an inevitability. That election in December provided a clear result, so now at last we have a Bill before us that will enable us to leave the EU.

Of course, as we have been hearing from a number of noble Lords, we as the second Chamber should scrutinise its contents. We have heard a number of concerns. I want to focus on one, and it is to do with that little word “scrutiny” and the role of Parliament in the negotiations that lie ahead. What do we actually mean by scrutiny? Do we mean Questions in Parliament, ministerial Statements, Select Committee hearings and debate? Yes. Do we mean the interrogation of Ministers as they bring legislation to this House? Of course. Do we mean searching questions about delegated powers? Again, yes. But if by “scrutiny” what people are really saying is that they want to go back to a situation where Parliament is trying to dictate the terms of the negotiations or the process, I would gently point out that that is what the British public voted emphatically to put an end to at the general election. While I read with interest the views of your Lordships’ European Union Committee, in its excellent report that was published on Friday, that the future negotiations,

“will be subject to detailed and transparent scrutiny by the European Parliament. The UK Parliament and the British people deserve the same transparency and accountability”,

I remind your Lordships that this House’s own Select Committee on the Constitution concluded:

“we do not recommend directly replicating the European Parliament's treaty scrutiny mechanisms at Westminster”,

although I should add that it said:

“lessons may be learned from it, particularly in relation to information provision.”

I am sure we would all agree that information provision is one thing but creating new legislative processes is quite another. We should bear this in mind over the next few days for, as my noble friends Lord Forsyth and Lord Cormack said, how this unelected Chamber handles the Bill is as important as what we say about it.

The last few years have eroded many people’s trust in our political process—trust that was already battered and bruised. If we now want to restore trust in our system and want people to see this unelected Chamber as adding value to the parliamentary process, we cannot and must not allow the public to think that we are frustrating the will of the elected Chamber. They can sense the difference between proper scrutiny on the one hand and wilful obstruction on the other.

The tough part of the negotiations is only now about to begin. However, the battle of Brexit, leave versus remain, is well and truly over. We are leaving. The time has come to turn those Brexit swords into ploughshares and focus on what we begin each day praying for: the uniting and knitting together of our society.