(6 years, 5 months ago)
Lords ChamberAs I said in response to the noble Baroness, Lady Smith, we have a range of powers. For instance, we have a power to exclude from the UK non-EEA individuals whose presence is not conducive to the public good; EEA nationals may be excluded on the grounds of public policy or public security; and a person may be excluded for a range of reasons, including national security, criminality, involvement in war crimes, crimes against humanity, corruption and unacceptable behaviour. As the Prime Minister made clear in response to questions in the other place, we will continue to keep these matters in mind and, if we feel further action needs to be taken, we will consider doing so.
My Lords, may we have an assurance from the Minister that economic or financial considerations will not stand in the way of a proper response to these outrageous events?
(6 years, 6 months ago)
Lords ChamberMy Lords, it would be a brave tribe that took on the noble Lord. The noble Baroness the Leader, in introducing the debate, made a point of saying that this was a technical Bill. However, she has since had the experience of listening to the forensic dissection of the Bill by my brother advocate, the noble and learned Lord, Lord Hope. If the noble and learned Lord takes part in these proceedings in the way in which he foreshadowed, the government Bench will have to be about its business.
I do not believe it is possible to debate this Bill, technical or otherwise, without having some account of the political context in which it is brought. I want to deal first with the question of Scotland. I have little to add to what the noble and learned Lord or indeed my noble and learned friend Lord Wallace have said. However, the Government’s approach has been playing into the hands of those in Scotland who seek independence by blaming London for everything. If you want to give wind to the sails of those who wish for a second referendum in Scotland on independence, then continue to proceed in the way in which the Government have done so far. I cannot emphasise strongly enough the importance of accepting the nature of the relationship between the devolved parts of the United Kingdom. As the Constitution Committee pointed out in its report, failure to secure legislative consent would have “significant constitutional repercussions”. To that I would add, “and significant political repercussions as well”.
Another area of uncertainty to which noble Lords have referred is that of Ireland. I want someone to tell me, perhaps by the end of the two days of this debate, precisely what constitutional and legal mechanism the Government propose in order to achieve the fact of Northern Ireland continuing to have the same border arrangements with the south of Ireland but that does not involve membership of the single market and the customs union. I have seen no evidence that such a thing is possible. If the Government have it, let them tell us it now.
As if these things were not enough, we now have a Government who are infused with discord, weakness and ambition. Why is that so? Here I seek to answer the question asked by the noble Lord, Lord Higgins: it is not because they will not reveal their negotiating position but because they cannot agree one. They have said they want a good bespoke deal, but what is a “good” deal and what is “bespoke”? What is it that the Government actually want? It is not just Members of this House who want to find out; Mr Barnier and the 27 other nations of the European Union want to know what we want. So far, we have been unable to provide that because of the divisions in the Government and the Cabinet. As for Mr Macron, he came, he saw and he conquered. We gave him the red carpet treatment and he promised us the loan of a tapestry. The whole visit was an outstanding success until someone said: “What about access for financial institutions?”; to which he said, “Be my guest”. People’s hearts rose, thinking that this was all going to be easy, but then he added a coda: “Be in the single market, and be in the customs union”. That is deeply illustrative of the attitude that the European Union has taken and will continue to take.
In the meantime, the Brexiteers seem determined to undermine the Chancellor and, now, civil servants. If you undermine the Chancellor on Brexit, you undermine him on economic competence. The more that the Prime Minister is undermined by her party over questions of leadership, the more that she will be undermined in her capacity to negotiate with Mr Barnier. The more that she is undermined by her own party, the less influence she will have with President Trump on the proposed trade deal. The Prime Minister has had to cancel making a speech that she was going to make setting out the Government’s position, and is going to the security conference in Munich instead. If she has the same experience in Munich that the Foreign Secretary had last year, she will find that Brexit is on the table all time and that any effort to, as it were, hide behind the fact that this is a conference normally committed to discussing security will not provide a defence for her. I hesitate to say this but, in the light of the conduct of the members of the Conservative Party in the Cabinet, there must be the possibility that during the passage of the Bill through your Lordships’ House the Prime Minister could face a leadership contest. This is Chamberlain territory, and its consequences for this legislation are beyond understanding.
Finally, let me make this point. The noble Lord, Lord Dobbs, was quite right to refer to tumbrils. Those who want us to leave the European Union have already got their own committee of public safety. Mr William Rees-Mogg bids to be Robespierre, and he has threatened this House—
Mr Jacob Rees-Mogg; one Rees-Mogg is very much like another. Mr Jacob Rees-Mogg has threatened us, and my answer to these threats is this: I am not here to thwart the will of the House of Commons. Like the noble Lord who has just spoken, I spent 28 years at the other end of the building asserting the primacy of the Commons, and I will not depart from that simply because I have been sent to your Lordships’ House. But I know what my duty is: it is to bring to the attention of the other House the manifest defects that exist in this legislation. We may not make them any wiser, but if we deal properly with this Bill, we will make them better informed—heaven knows they need it.
(7 years, 4 months ago)
Lords ChamberWe did say that we would try to do this in order. It is the Lib Dems’ turn, and then perhaps we will hear from the Cross Benches.
My Lords, it is axiomatic that Britain’s withdrawal from the European Union will weaken it. Is it not all the more curious, therefore, for the Prime Minister to be extolling the virtues of European values at the same time as undermining the very institution that embodies them?
Not at all. We have made it very clear that we share the same values and we want to see them remain strong. That is one of the things that we have in common and one of the things that will ensure that we continue to have a strong relationship with our European counterparts.
(7 years, 5 months ago)
Lords ChamberAs I have said to the House, we are determined and optimistic about an excellent trade deal with the EU, and will do everything we can across the negotiations to ensure that we achieve that.
My Lords, is it not necessary to have some realism about increased trade with Commonwealth countries? In particular, for example, have the Government considered what the position would be of Cumbrian sheep farmers, and indeed sheep farmers in the less favoured areas of Scotland and Wales, were there to be an agreement on agriculture with New Zealand?
I think we might be straying slightly off the agenda of the EU Council—which is not to dismiss the concerns that the noble Lord raised. As I said, we and the Prime Minister are looking for a deal that works for all of the UK.
(7 years, 6 months ago)
Lords ChamberMy Lords, I am the 16th speaker in this debate, and I am already reminded of the explanation why the conventions of the Republican and Democrat parties in the United States last for four days, when two would be sufficient. The answer is that because usually, after two days, everything has been said but not everyone has said it. By the time we come to close of play tomorrow evening, that may be even more obvious.
In a moment or two, I shall talk about the role of your Lordships in this most serious matter, but before I do that, I support the remarks made by the noble Lord, Lord Patel, about the position of EU nationals living in the United Kingdom. It is extraordinary that the Government have not yet made any concession in respect of their future. It is extraordinary that they have not recognised that those citizens are an essential part of our economy and, indeed, of our academic life. It is extraordinary that they have not accepted that they are husbands and wives, mothers and fathers of United Kingdom citizens. Are we really and truly contemplating even the remote possibility that we will be prepared to start knocking on their doors, whether at midnight or midday, expelling them from the United Kingdom? The fact is—in a debate in which we have referred to public opinion—all tests of public opinion say that these individuals are entitled to the protection that so many of your Lordships argued for in this House.
The central question for me and for others is: what is our role in this most difficult and complicated issue? Is it to accept without demur the Bill before us, and indeed to put aside the very idea of amendment? Some have exhorted and encouraged us, and even attempted to bully us into doing so. But I rather thought, when I had the privilege of being introduced to your Lordships’ House, that I was expected to use my judgment and experience and to exercise responsibility. In the circumstances in which we meet today, are not these qualities as important now as they have ever been?
I do not argue for a return of the campaign, but it would be wise to take account—to be entitled or even required to take account—of the changes in circumstances since 23 June. So far, no one has mentioned that the value of the pound has depreciated by 20%. Those who wanted us to leave the European Union did not argue that from the platform of the bus they chartered. It will not be long before that depreciation is followed by inflation and then, of course, by an increase in interest rates, at a time when personal debt in the United Kingdom is as great as it was on the eve of the credit crunch of 2008.
We should look at some of the trade deals that have been talked about in theory, if not so far in practice. We have not heard much about Australia recently but the Australians said yesterday that they were open to a trade deal with the United Kingdom. They pointed out that they wanted to increase access to the United Kingdom for their citizens. When India said that they were concerned to have a trade deal with the United Kingdom, they said exactly the same. I do not think that anyone ever thought about that in the course of the campaign.
Now, of course, we are committed to the President of the United States who, to put it at its most charitable, can only be described as mercurial. We have no idea—and perhaps neither has he—what sort of concessions the great deal-maker will demand of us before a successful agreement is entered into between the United Kingdom and the United States. It is even possible that we will have to deal with chickens treated with chlorine and cattle raised on hormones. No one discussed that, and no one had discussed it in any detail as a possible consequence of tying ourselves to an Administration who, if I may say so, are more eccentric so far than any I can ever remember.
Now we know the answer to the riddle: Brexit means Brexit. It is summed up in the expression, “Better no deal than a deal thought to be poor”. We do not yet know what a red, white and blue Brexit will mean, but I hope it is not an excuse for the kind of jingoism from time to time exhibited by the Foreign Secretary. My point is this: what if, at the critical moment of departure, the world has changed and public opinion in the United Kingdom has also changed, when it appears that the consequences of leaving will be adverse to our prosperity, trade and future? Is it not to be permitted that the public change their mind? Is it not to be permitted that there can be any turning back? Someone used the expression, “No turning back”. It is worth reminding the House of its origin—an expression used by the pro-Thatcherite group formed in the Conservative Party in the 1970s. I have striven and failed to find any such political position in recent history, and there is good reason: Parliament is sovereign and Parliament can change its mind; it frequently does so. The great repeal Bill bears to be a change of mind, yet the public are not to be allowed the same opportunity. Remember, if it goes wrong, who believes that the public will hold up their hands and say, “It was all our fault because we voted for it”? They will say it was the fault of the politicians, and they will be right to do so.
(7 years, 6 months ago)
Lords ChamberMy Lords, when considering the quality of the commitment of the President to NATO, are we entitled to look at his continuing favourable ambiguity towards Mr Putin, whose avowed intention is the undermining of NATO?
The Prime Minister has been extremely clear to both President Putin and, indeed, the President of the United States that our relationship with Russia cannot be business as usual, as a result of its actions in Ukraine and Syria. Where there are issues that we disagree on, we should hold Russia to account, but we also need to have hard-headed engagement where we can move forward. As the Prime Minister was very clear and said to the President, we need to engage but beware.
(7 years, 8 months ago)
Lords ChamberI hope I have made it clear that the Prime Minister has been very clear that her objective remains wanting to give reassurance. We have made our intentions clear and we need other European leaders to match our commitment. My noble friend is absolutely right that we need to provide certainty where we can, which is why the Prime Minister has once again reiterated to our European partners that we will be triggering Article 50 before the end of March.
My Lords, I regret that I am not suffused with the Christmas spirit to the same extent as my noble friend Lord Newby. While I am totally in favour of mature and co-operative relationships, when may we expect one such from the Cabinet? There is much concern about the uncertainty caused by our decision to move towards activating Article 50, so how is that uncertainty to be removed if Members of the Cabinet are consistently at odds with each other as to what the Government’s objectives really are?
My Lords, I think I have been very clear. Our objectives are extremely clear: to deliver the best deal for the British people.
(7 years, 10 months ago)
Lords ChamberA range of issues are involved in the transitional arrangements, the Department for Exiting the EU is considering them and a lot of work is going on. Of course we want to ensure that we are using the expertise and skills of universities and trade negotiators to get the best deal.
My Lords, quite the most interesting feature of the Statement is the second-last sentence, which reads:
“and we can secure the deal that is right for the British people, whose instruction”—
my emphasis—
“it is our duty to deliver”.
Are we embarking on a rather novel constitutional change, in which an advisory referendum becomes an instruction to government? Is not the proper inference to be drawn from that sentence that the Government intend—whatever the circumstances, deal or no deal, even if it is patently against the interests of the people of the United Kingdom—to persist in the withdrawal of the United Kingdom from the European Union?
(8 years, 1 month ago)
Lords ChamberMy Lords, it is always a pleasure to follow the noble Lord, Lord Radice, whose commitment to the European cause is long-standing and equivalent to that of any other. The temptation simply to say that I adopt the speeches of my noble and learned friend Lord Wallace and that of the most reverend Primate is almost overwhelming.
I am deeply disappointed by the outcome of the referendum and I wish to draw some conclusions from that. I hope that the noble Baroness the Leader of the House, will not feel it too presumptuous of me if I say that, from time to time in her speech introducing the debate, I felt more than an echo of Candide: “Everything is for the best in the best of all possible worlds”. Unhappily, it is not.
My disappointment, like that of others, has only been exacerbated by the rise in racial incidents which make me reluctant to believe that this is still my country. Those who have led us out of Europe bear a heavy responsibility which I have yet to see them accept or embrace. Mr Johnson, whose fondness for cricket is well established, has retired to the pavilion, having been run out by his partner. Mr Farage has resigned—not for the first, but for the third time—and I think we can believe, with some confidence, that this may not be the end of the chapter.
The truth is that never in peacetime has the United Kingdom faced such uncertainty with such little prospect of early resolution. We are divided socially, politically and economically, and—this is a matter close to the heart of all of us from Scotland—the very future of the United Kingdom is now at stake. Issues of this kind are often explained by the theory of unintended consequences. I have a different theory—the theory of inevitable consequences. It is a theory that we may have cause to revisit tomorrow after the publication of the Chilcot report. We have alienated a generation of young people. If noble Lords doubt that, they should look at the demonstrations and see the average age of those demonstrating with such commitment and enthusiasm.
We have embarked upon a period of economic uncertainty which is gradually, although not necessarily perceptibly, beginning to affect decision-making. This is not about the stock market or even about the pound. It is about the decisions being made in boardrooms not to invest, not to expand and to consider whether the best interests of their businesses would be served if they were located in the European Union.
There is a paradox. The regions which have had most economic assistance from the European Development Fund have rejected the European Union. How shall we provide the substitute finance in order to compensate them for that unwise decision? The regions most likely to be adversely affected are among those who decided to vote to leave. Again, how shall we deal with the issues of housing, education and transport which may have prompted these individuals to leave the European Union? What about talented individuals and professionals with portable employment skills, such as surgeons and those in information technology, who are increasingly being said to be ready to leave the United Kingdom?
We have just had from the noble Lord, Lord Lawson, assurances that we are entering a new golden age of economic success. Sunlit uplands was the only expression he did not use. We are going to have increased influence in the world but my question is when? No one has yet been able to give an assessment, or indeed made an effort, to lay down a date by which we will enter this combination of Arcadia and Utopia. Any party which went to the country in a general election, effecting to offer promising economic progress, but which could not state the date of it, would be laughed out of court—and rightly. Yet, this is the proposition which the people of the United Kingdom are being invited to accept.
There are two inevitable consequences and it is worth looking outside the United Kingdom. First, the efforts of the European Union to deal with Mr Putin will inevitably be diminished by the departure of the United Kingdom from the Union. Mr Putin has two objectives; they are there for all to see—the destabilising of the European Union and the undermining of NATO. We have helped to destabilise the European Union by the decision we now propose to take. Also the relationship which we enjoy with our closest ally, the United States, will inevitably be different, not least because, of course, President Obama went out of his way to say how important it was for the United States that Great Britain was an active member of the European Union, echoing the policy followed by the White House since the days of President Kennedy. Inevitably, the United States will look for a closer relationship with another country in Europe. That is an inevitable consequence of what we are about to do. I think it is equally inevitable that that relationship will be with Germany, echoing the relationship between George Bush senior and Chancellor Schmidt, albeit that that was some years ago. None the less, it was a productive one.
It is said that we are all Brexiters now. Well, I am not a Brexiter and I hold fast to my belief in the European Union for all its faults. I draw attention to this fact: those of us who argued to stay in were willing to acknowledge the faults in the European Union. However, I never heard those who argued to leave acknowledge any of the merits or advantages of doing so. How long will these negotiations that we are talking about take and how easy will they be? The 27 members with whom we shall negotiate will inevitably be bound to follow their own national interests—how could they do otherwise?—particularly Angela Merkel and Mr Hollande, both of whom have general elections next year which already promise to be fraught with difficulty for them. What will be the role of the legislators? Have we to accept anything and everything which is put before us? An unelected House is in a different position from the other place. What is my responsibility, and that of all other noble Lords, if legislation is put before us which we regard as defective or not part of a sufficiently generous settlement between ourselves and the rest of the European Union? Are we simply to accept these things without quibble? Are we simply to say, “Yes, the people have spoken, therefore we must follow that, even if it is our considered and conscientious judgment that to do so in a particular area of legislation is not the correct thing to do”.?
I discount the possibility of a second referendum. I also discount the possibility of a successful challenge in the courts. However, I say this: those who have brought us out dream of an England that never was and a United Kingdom that never can be. We have set ourselves on that path. It is inevitable that I should follow it, but I tell the House this: I do so with a heavy heart.
(8 years, 2 months ago)
Lords ChamberI am afraid I am not familiar with the terms of the oath that commissioners take when they are appointed. My noble friend, as always, makes an interesting remark.
My Lords, as my noble friend the Chief Whip indicated at the start of this Statement, while we must respect the fact that there are a number of noble Lords who are down to speak at Second Reading of the Investigatory Powers Bill, so I do not want us to go on for too long, I can see that there are still at least four noble Lords seeking to ask a question. I am very happy, even though the clock will go beyond 40 minutes, to finish answering the questions of those noble Lords who have already indicated that they wish to ask one.
My Lords, will the noble Baroness give a solemn undertaking—
The noble Baroness raises an interesting point. I really do not have much to add to what I have already said. On the contribution of this House to our deliberations, I have set out how that should at least start. The people’s decision is clear on this matter.
My Lords, the noble Lord, Lord Reid of Cardowan, said that we are where we are. He is quite right. Where we are is a country divided socially, economically and politically, where the very future of the United Kingdom is now at stake and with at least two years of economic uncertainty ahead. Is it not a bit rich that those who are responsible for creating these circumstances, apart from congratulating themselves, seem to want to take no involvement or interest in implementing the very decision for which they are responsible?