Brexit

Debate between Lord Butler of Brockwell and Lord Callanan

Wednesday 2nd October 2019 Lords Chamber

[Lord Callanan]

We will obey the law, as I have said on a number of occasions. The Benn Act is the law; we will obey the law.

[Lord Butler of Brockwell]

I just ask a simple question. In those circumstances, will the Government write a letter seeking an extension?

[Lord Callanan]

The Government will obey the law.

Brexit: Parliamentary Approval of the Outcome of Negotiations with the European Union

Debate between Lord Butler of Brockwell and Lord Callanan

Monday 28th January 2019 Lords Chamber

[Lord Butler of Brockwell]

My Lords, in the light of what the Minister has said, can he tell us which part of the opposition amendment he opposes? We know, as he said, that it is the Prime Minister’s determination to “take all appropriate steps” to get an agreement—so that is the first part of the amendment. The second part is to provide,

“for this House to ensure the timely passage of legislation necessary to implement any deal or proposition”.

He just said that that is what the Government also want. On what grounds could he oppose the Opposition’s amendment?

[Lord Callanan]

Because the noble Baroness is asking us to take no deal off the table, and we do not think that that is possible because it is the legal default—as I have said many times in this House—because of the notification of withdrawal Act, because of the Article 50 process and because of the withdrawal Act passed in the summer.

My noble friend Lord Balfe asked me how much discussion there has been between Her Majesty’s Government and the incoming Finnish presidency. We are engaging with the Finns through our embassy in Helsinki. This engagement will increase, including potential secondees, as their preparation for the presidency develops.

As I conclude, I think it would be helpful to recap the way forward for this House and the other place. The rejection of the deal two weeks ago was obviously a disappointing moment for this Government. We are mindful that we cannot legally ratify the withdrawal agreement until a deal has been approved, and therefore the defeat precipitated some serious reflection on the concerns expressed by both MPs and Members of this House.

The best way forward, I repeat, is to leave in an orderly way with a good deal. It is not our strategy to run down the clock to 29 March. As the Leader of the House set out in her opening speech, the Prime Minister has highlighted a number of areas in which we intend to address concerns going forward. I have expanded on some of those this evening, including responding to concerns on the backstop, engaging with Parliament as we head to the second phase of negotiations, and demonstrating our commitment to social and environmental protections. It is these proposals, along with amendments to the Government’s Motion, that the other place will consider tomorrow. As the Prime Minister has said, we should all be prepared to work together to find a way forward, given the importance of this issue.

I know that many noble Lords will be following the debate there as keenly as we in government are listening to what is said in this place—and noble Lords’ words will be heard in the other place. We believe that the way forward that we have set out is the only way to seek to address the concerns of Members in both Houses at the same time as respecting the 17.4 million people across the UK who voted in favour of leaving the European Union.

Brexit: People’s Vote

Debate between Lord Butler of Brockwell and Lord Callanan

Thursday 25th October 2018 Lords Chamber

[Lord Callanan]

I am afraid that the noble Lord again is mistaken. There is a very clear answer to that. Again, the EU withdrawal Act, which we debated extensively in this House, sets out what happens if there is no deal or Parliament rejects the deal the Government have negotiated. In such circumstances, within 21 days of that the Government must put forward a Motion in the House of Commons in neutral terms outlining how we propose to proceed. What happens in such circumstances is very clear. We debated it at length and that is now in the statute that we passed.

Thirdly, and finally, it is a well-established feature of our constitution that the Executive represent the country in international diplomacy, and this constitutional arrangement continues to apply to our withdrawal from the European Union.

There is a very real risk that the continuing campaign to overturn the referendum decision to leave is seriously undermining our negotiating position. If those on the other side believe that we may change our minds—

[Lord Butler of Brockwell]

I am very grateful to the Minister. Is he not making, from his point of view, a pessimistic but rather revealing statement when he says that a further referendum would overturn the decision of the British people? It would not necessarily overturn it, but apparently he thinks it would.

[Lord Callanan]

Actually, he does not think it would. There is a very real chance, if there were another referendum, that we would get the same result in spades. Of course, we will never know, because we are not going to have another referendum. My point is that it would provide at least a year, possibly longer, of total political and economic chaos, were we to go down that route.

As I set out, undermining the negotiating position—as many people are trying to do—will do nothing but guarantee a bad deal for the UK, something I think we all wish to avoid.

Brexit: Preparedness for EU Exit

Debate between Lord Butler of Brockwell and Lord Callanan

Thursday 25th October 2018 Lords Chamber

[Lord Callanan]

My noble friend makes a very good point. We know that the French National Assembly and the French Government are putting in place preparations for no deal, as are many European countries. That is the responsible thing to do, and I am really not sure why the Opposition think it is such a bad thing to put in place sensible contingency plans.

[Lord Butler of Brockwell (CB)]

My Lords, the NAO report states that the border systems cannot be ready in time for a no deal. Is the Minister saying that the NAO report is wrong?

[Lord Callanan]

We are putting in place the responses necessary in case of no deal. We have decided to prioritise safety and security, the flow of people and goods and then compliance activity, including the collection of revenue in the short term. Contingency plans are being prepared with the aim of managing all the potential issues, such as queues of traffic in Kent and continuing supplies of essential goods and medicines.

Brexit: Financial Settlement

Debate between Lord Butler of Brockwell and Lord Callanan

Tuesday 11th September 2018 Lords Chamber

[Lord Callanan]

We are confident that there will be a deal but, as I said, if there is no deal, the financial commitment agreed to in the context of a deal will no longer apply. As I said, we will meet our legal commitments.

[Lord Butler of Brockwell (CB)]

My Lords, as a member of the EU sub-committee chaired by the noble Baroness, Lady Falkner, I can say that the Minister quoted it correctly. There is no enforceable action by law, but the committee never denied that the UK would have moral commitments.

[Lord Callanan]

I hope we will not get into these scenarios. The Vienna Convention on the Law of Treaties 1969 has been mentioned and that might also apply in such circumstances but, as I said, we do not want to get into these scenarios. We are confident that we will reach a deal and as part of that deal we have agreed a financial package.

European Union (Withdrawal) Bill

Debate between Lord Butler of Brockwell and Lord Callanan

3rd reading (Hansard): House of Lords
Wednesday 16th May 2018 Lords Chamber

[Lord Callanan]

Yes, I am absolutely confirming that: the principles will continue until the end of the implementation period.

Changes to the law should be taken forward by proper processes allowing for them to receive full consideration by those affected. The Government have acted—

[Lord Butler of Brockwell (CB)]

This is a very important point. Will the means of enforcement continue until the end of the implementation period?

European Union (Withdrawal) Bill

Debate between Lord Butler of Brockwell and Lord Callanan

Report: 4th sitting (Hansard): House of Lords
Monday 30th April 2018 Lords Chamber

[Lord Butler of Brockwell (CB)]

I ask the Minister to clarify one other point, which we did clarify in Committee: if Parliament rejects this agreement, is the only alternative that the Government are offering leaving with no agreement at all?

[Lord Callanan]

If Parliament rejects the agreement, there is nothing for us to legislate further on. It has been rejected. The Article 50 process that Parliament voted for will then kick in: we will leave on 29 March 2019. I repeat that we expect and intend this vote to occur before the European Parliament votes on the deal. If Parliament supports that Motion, we will bring forward the withdrawal agreement and implementation Bill—a piece of primary legislation to give the withdrawal agreement domestic legal effect. Of course, that will be amendable. This is in addition to the ratification process that is a requirement under the Constitutional Reform and Governance Act 2010.

Additionally, the Government will introduce further legislation where it is needed to implement the terms of the future relationship into UK law, providing yet more opportunities for further and proper parliamentary scrutiny.

EU Exit Negotiations

Debate between Lord Butler of Brockwell and Lord Callanan

Monday 13th November 2017 Lords Chamber

[Lord Callanan]

On the issue of the ECJ, I do not want to go any further than the Statement. We will end the direct application of the European Court of Justice in the UK. That is entirely right—we would not expect a foreign court in any other country or organisation to have effect on UK citizens or the UK judicial process. We expect the debate and vote on the withdrawal Motion to take place before the withdrawal Bill—but of course we cannot have a withdrawal Bill until we have an agreement to withdraw from.

[Lord Butler of Brockwell (CB)]

My Lords, I agree that the offer made by the Prime Minister in her Florence speech on the financial settlement was generous. Will the Minister confirm that any such settlement will be paid over a number of years, not as a capital sum, and must be contingent on satisfactory progress on other aspects of our future relationship?

[Lord Callanan]

The noble Lord makes a very good point from the benefit of his experience. These are matters that will be determined during the ongoing negotiation.