EU Withdrawal

Lord Cavendish of Furness Excerpts

Wednesday 13th February 2019 Lords Chamber

[Lord Cavendish of Furness (Con)]

My Lords, it is fascinating to follow such a fluent speaker. I do not think that I am qualified to challenge what he told your Lordships.

As a convinced supporter of leaving the European Union, I recognise that I am in a tiny minority in your Lordships’ House. I invite noble Lords to pause for thought that this House, for the first time since 1910, has parted company with the people. There was a trust, I believe, between the people and the Peers that we would support them against a high-handed other House. I am not sure that that is entirely significant, but what I would say about people who are very gloomy about the churn and bad temper that the noble Lord, Lord Wilson, touched on is that we might look back and say that this was an extraordinary moment of change in British history and British politics where there was a realignment of people, and the bad temper and hot debate was all part of that and was perhaps more constructive than we see it now on a day-to-day basis.

I was interested, as perhaps other noble Lords were, to read an article in last week’s newspapers drawing our attention to the treaty of Utrecht of 1713. The author—of the article, not of the treaty—Mr Ambrose Evans-Pritchard, made the point that the famous treaty still holds force today because, unlike agreements such as NAFTA, NATO or the World Trade Organization, it contains no escape clause. The withdrawal agreement has no escape clause either. By signing it, we would be bound by its terms literally for ever. No country that I can think of with any significant stature in modern times has ever committed an act of such suicidal folly and self-harm as throwing away indefinitely fundamental sovereign powers.

I accept the advice that the term “best endeavours” may indeed have some force in international law, and, for all I know, “protocol” or some other comfortable form of words might, in diplomatic terms, add value to negotiations, but this is simply not good enough. We have been here before. I remind noble Lords how Mr Tony Blair affected to meet concerns about the EU’s Charter of Fundamental Rights, which became legally binding under the Lisbon treaty. He told the other place that, through securing Protocol 30:

“It is absolutely clear that we have an opt-out”.—[Official Report, Commons, 25/6/07; col. 37.]


The rest is history. As a consequence of that contemptible episode, the ECJ acquired jurisdiction over swathes of our commercial, social and criminal law that was not intended by Parliament.

Of course, I am not remotely exercised by President Tusk’s preferred choice about where I spend eternity. What I cannot ignore is the EU’s increasingly aggressive attitude to this country in general and its relentless attacks on the City of London in particular. I remind noble Lords, as I have before, that we are morally and legally entitled to leave the European Union.

A gulf is fast developing between the very well-paid and arrogant officials of the EU and the citizens and institutions of individual states. I meet men and women from continental Europe who express acute embarrassment and shame at what is being done and said in their name. A group of top German economists have told the EU to tear up the Irish backstop and ditch its ideological demands in Brexit talks, calling instead for a flexible Europe of concentric circles that preserves friendly ties with the United Kingdom. Brussels must, they said, abandon its indivisibility dogma on the EU’s four freedoms to come up with a creative formula or risk a disastrous showdown with London that could all too easily spin out of control. What welcome and sensible mood music that is, compared with the vile-mannered stuff issuing from the mouths of some Eurocrats. The vexatious backstop is, for me, only one of the wholly unacceptable aspects of the withdrawal agreement. If there is any merit in the political declaration, I think it is that it has little or no legal force. By my reading, it gives away control over the environment, labour law, competition and state aid. Through non-regression clauses, none of this body of law would be capable of repeal. There is no mutual recognition for future trade in services. Accordingly, under the scope of the withdrawal agreement the most valuable and critical part of the economy will have been sacrificed.

During these debates I have asked the opposition parties from time to time what they like about the EU. I do not think there is much interest in the Liberal Democrat view, as it becomes daily clearer that, as a party, they have more appetite for virtue signalling than for governing. Their attitude to EU membership at the last election decimated their numbers, but it has not led them to moderate their actions here in your Lordships’ House to be more in line with their representatives in the House of Commons, a practice followed, I suggest, by both Labour and Conservatives in the past. Labour politicians, as distinct from Labour voters, have an obvious taste for EU membership, as it shields them from any responsibility for their redistributive policies. Their appetite for helping themselves incontinently to money they have not earned is something they can and do blame on the remote people of Brussels.

[Lord Lea of Crondall (Lab)]

The noble Lord refers to things we have not earned. Since he owns 17,000 acres, can he explain how come that is his main critique of the other party in this House?

[Lord Cavendish of Furness]

I wish I understood the question. Will the noble Lord repeat it?

[Lord Lea of Crondall]

We know that part of the animus about the Labour Party on the Benches opposite is their attitude to the distribution of wealth. To be more specific, I am simply asking the noble Lord whether, as an Etonian, he believes there is an issue there? Does he have some understanding of why many people in this country would take a different view?

[Lord Cavendish of Furness]

How nice to hear from an old class warrior. Yes, I did go to Eton and, yes, I do have land, or my family does—I have declared an interest; it is all in the register—and I should have thought my party were really rather enthusiastic redistributors ourselves. My point is not that we are redistributing other people’s money incontinently but that we are happy to face the voter at election time, but I enjoyed the intervention.

Given that we never hear from Labour politicians so much as a syllable of criticism directed at the EU and its works, I would love to know how ready they are to sign up to the EU’s federal ambitions, how comfortable they are with the well-chronicled defects of its institutions, the vast cost of corruption, the crony capitalism, the protectionist policies that harm developing countries, the democratic deficit and the truly inhuman scale of youth unemployment. Above all, they speculate, wrongly, that Brexit will cause poverty, yet they seem determined to ignore the impact of the common external tariff at between 18% and 20%—I have asked the noble Baroness on the Front Bench several times—that is levied on clothes, footwear and food. So much for Labour’s pretension to care for the poorest and most vulnerable in society.

I will say more generally that I cannot remember a time when the political class was so out of touch with the people they represent—that is a more general point and I do not focus it just on the party opposite. I canvassed opinion quite widely in Cumbria over the weekend, consulting people who voted leave and those who voted remain but have now become leavers. The reason for the change is quite often rather complex. However, overwhelmingly it has been that this has all gone on for far too long and that, to quote my right honourable friend the Prime Minister,

“no deal is better than a bad deal”.

I happen to believe unashamedly, as somebody in business, that a clean break on WTO terms is better even than a second-rate deal. The noble Baroness, Lady Smith, and all those following her, even some on my own side, have talked about chaos and crashing out. Some 130 countries deal on WTO terms without much distress. Maybe they have been listening to the CBI, an organisation at the heart of crony capitalism that takes money from the European Union.

It is time to take stock. Those on my side of the argument put forward suggestions and ideas almost daily. For example, I have qualified enthusiasm for what has become known as the Malthouse compromise. I wholeheartedly applaud Kit Malthouse for bringing together people of opposing views in a constructive search for solutions.

My understanding remains that my right honourable friend the Prime Minister undertook to achieve certain objectives consistent with the result of the referendum. They were to take back control of our laws, end European Court of Justice jurisdiction in the United Kingdom, end vast sums of money going to the EU, end free movement, allow the UK to leave the single market and the customs union, guarantee control of our agriculture and fisheries policy, allow new, independent trade deals for goods and services, guarantee existing defence and security arrangements with interested allies and keep the parts of our precious country united. In these very difficult circumstances, a reasonable person might allow for some slippage on some of these undertakings but, as I understand it, not a single one of these undertakings has been honoured in full by the withdrawal agreement. I do not know which failure shocks me most; I single out just one. Surely every single loyal British subject is entitled to assurances following the warnings by a former field marshal of the British Army and heads of our Security Service that the withdrawal agreement imperils our security. Can it really be the case that defence of the realm—that principal responsibility of all democratically elected Governments—can be traded away? What is going on?

I agree with the notion that officials advise and Ministers decide, and it would therefore be wrong to point a finger at the Civil Service. To that extent, and only to that extent, I agree with the noble Lord, Lord Wilson. Might it be, I ask myself, that my right honourable friend the Prime Minister’s heroic resilience under such unprecedented pressure is the result of the field of advice being too narrow rather than too broad? Might it be the case that she consults with colleagues too little rather than too much? Whatever the case, it seems that confusion reigns. Worse, it feels that as the process winds wearily on, we are being deceived. I know for a fact that I am far from alone in this view. If trust continues to be eroded, and if people are denied the Brexit they voted for, I fear for my party, my country, the new generation and those that follow. Above all, I fear for representative democracy and the rule of law, which our forebears won at such great cost.

--- Later in debate ---

[Lord Cormack (Con)]

My Lords, following the longest speech in the debate, I am challenged to make sure that I do not go on quite as long as that.

I say to the noble Lord, Lord Davies of Stamford, whom I regard as a friend—we were colleagues at one stage, on the same side in another place—that he is not being entirely realistic. I share many of his sadnesses and regrets, but it is not realistic to expect a second referendum. To go on about that is not doing Parliament or the people any great service. I do not like the whole concept of a referendum; it is inimical to parliamentary representative democracy. However, we had a referendum and we have to live with it. We heard a wise speech from the noble Lord, Lord Wilson of Dinton, in which he remarked that nobody will get what he wants as a result of this. He has left the Chamber—but it was still a very wise speech, and doubtless he will come back. He made another comment with which I disagreed: he said that we had become becalmed. In fact we have been caught in a whirlpool that is going round and round and, within the next six weeks, we will come to that artificial date, 29 March.

What do we do over the next six weeks? I do not particularly like the deal that the Prime Minister struck, but it is realistic. It would be sensible to go along with it rather than to plunge ourselves into further chaos, and certainly rather than to have a no-deal conclusion—that would indeed be a disaster. Those who know about these things have warned us repeatedly in recent days and weeks how much of a disaster and a jump into the unknown it would be. I say to my noble friend Lord Cavendish, for whom I have an affectionate regard, that at the end of all this the very rich will not suffer, whatever happens. I am concerned about the workers in Sunderland who—misguidedly, I think—voted by a large majority to leave. I am concerned for the future of people in the West Midlands, and those in Lincolnshire who voted in great numbers to leave, thereby putting the horticultural and agricultural industries in some jeopardy. However, the fact is, as is often said, that we are where we are and we have to go forward.

We cannot retain all the benefits of membership if we are leaving. One cannot leave a club and keep all the benefits. That is as plain as the proverbial pikestaff. This is a great country and I hope that its greatness has not come to an end. We are, I hope, facing a future that is not entirely dire, but I do not mind saying to your Lordships that my sons and grandchildren are deeply despondent about what has happened, and we have to have regard for them. As we have said in this Chamber time and time again over the past two years, although the majority was clear, it was small. So it is entirely wrong to try to behave on a winner-takes-all basis; there has to be compromise. I say to my noble friend Lord Cavendish and those who think as he thinks, quoting the famous words of Cromwell from a different age, conceive it possible that you might be mistaken.

[Lord Cavendish of Furness]

It goes two ways.

[Lord Cormack]

Of course it does. We all have to do that, and therefore we have to approach this in a spirit of not only compromise but some humility. The ultra-Brexiteers in my party do not represent the Conservative voters in the country, although they most certainly represent and reflect members of Conservative associations. However, they do not represent those who normally vote Conservative and I urge them to have some regard for people’s concerns and try to have—as the noble Lord, Lord Davies, suggested —as amicable an outcome as we can, retaining our friendships and alliances. I implore the adherents or members of the ERG: you are not representing true Conservative opinion in the country but have hijacked the show to a large degree.

[Lord Cavendish of Furness]

I go to ERG meetings, which my noble friend does not. It is a very broad church; he might be surprised by that.

[Lord Cormack]

I suppose that it is the same sort of broad church as one that is attended only by, say, high Anglicans or low Methodists. There is no room for those who take a different view towards the European Union. The ERG’s members are all very anti the EU and determined to get us out without the sort of connections that our country is going to need.

That illustrates the divide in the party, and what we have to try to do over the next few weeks is bring people together. I do not agree with everything that the Prime Minister has said or done—of course I do not. However, we must give some support to her in the deal that she has reached and try to get it endorsed in Parliament. If it is not, I really fear for the future of our country. As far as your Lordships’ House is concerned, we of course have to acknowledge the political supremacy of the other place. My whole political philosophy is based on that; the elected House is where the power should and does lie, and that is right. We have to go along with whatever the Commons decides at the end of the day, even if decides on another referendum. I hope that it will not, and that MPs will rally round on 27 February or whenever and that there will be a majority for a deal like the Prime Minister’s, because I truly fear for the future if we fall or are pushed off the cliff edge.

I want amicable relations with our friends and allies and a Europe that can work together, including those who are members of the European Union and those who are not. We have to recognise the militant populism surging in so many European countries. Whoever thought that one European neighbour would withdraw its ambassador from another because the Deputy Prime Minister of that country was inciting rebellious forces within the other country? We are living in dangerous times and need to inject some peace and calm into this situation.

I mentioned a while ago that the Prime Minister should appeal across the House to the Leader of the Opposition and give all Members of the other place a free vote when it comes to the meaningful vote. That is essential. It happened when we went into what was then the European Community and it should happen before we come out of the European Union. We should press for that. As for tonight, I do not for the life of me see what point or purpose there would be in voting against the Motion tabled by the noble Baroness, Lady Smith of Basildon. There is not a word in it with which any of us, I hope, would disagree if we want a smooth outcome. So I implore my friends on the Front Bench not to vote. Last time, there was a similar Motion and an overwhelming defeat for the Government, which was wholly unnecessary because we were all singing from the same hymn sheet. Let us try to bring today’s proceedings to a close without dividing this House and in so doing send a message to the other place.

I rest my case but very much hope that by the end of March we will have reached some sensible conclusion, part of which should be an extension of the leaving date to ensure that all the necessary legislation passes through Parliament in a tidy and seemly manner.