Queen’s Speech

Lord Collins of Highbury Excerpts

Wednesday 16th October 2019 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, like many other noble Lords, I want to open briefly on Brexit. I cannot do more than repeat the words of Boris Johnson to the 1922 Committee an hour ago when he said:

“We are close to the summit … but it is still shrouded in mist”.


That is exactly where we are today. I hope that we will be able to have proper scrutiny of any proposed deal and that this House will have a full opportunity to scrutinise it properly. I do not really want to add much to the excellent introduction to this debate by my noble friend Lady Hayter and, like many other noble Lords, I feel very strongly that in the end it is the people who should have the final say on whether to remain or to leave with the best possible deal. By the way, I do not accept the rationale that a deregulated economy is one that will build success. We have had strong guarantees on consumer rights and workers’ rights, and it is really important that this country is able to see what the future holds in terms of those important issues.

I want to pick up a couple of points, especially the point made yesterday by the right reverend Prelate the Bishop of Coventry in his excellent contribution and the point made by the noble Baroness, Lady Finlay of Llandaff, in her contribution today. This is not simply about relationships with countries and Governments; it is very much about relationships with peoples. That is how we will be successful in our future relationships with many countries. Unfortunately, I recently had to spend a couple of weeks in hospital. Three of the nurses who treated me in the special care unit were from European countries. While we might give them guarantees, all three said that they felt rejected by this country. We must address that issue. I would also note that my husband is Spanish and that, for the first time in 22 years in this country, after the referendum he faced racist abuse while working in a shop: “Go back home”, he was told. I hope that the Minister will address the contribution made by the right reverend Prelate the Bishop of Coventry. Whatever happens in terms of Brexit or remain, we have to focus on building trust with the people of Europe. It is vital that we do so.

This debate is about the gracious Speech and the issues of foreign policy, international development, international trade and defence. In the gracious Speech, the Government have said that they will be at the forefront of solving the “most complex international security issues” and “pressing global challenges”. Yet, as the noble Lord, Lord Kerr of Kinlochard, argued, it is difficult to see the evidence for that. Where have we been in stopping the horrors unfolding in northern Syria, as the noble Lords, Lord Hylton and Lord Hannay, reminded us, or ending the civil war and humanitarian crisis in Yemen? The Government have sat idly by as the President of the US wrecks the world’s efforts to tackle climate change and nuclear proliferation.

As we have heard in the debate, a successful foreign policy requires development, defence and diplomacy going together. As noble Lords have highlighted, including my noble friend Lord West, successive Conservative Prime Ministers since 2010 have cut our defence capability, undermining our ability to keep to our international commitments and obligations. We needed to see in the Gracious Speech the demonstration of a joined-up, whole-government approach. If, as the noble Lord, Lord Ahmad, argued yesterday, the UK’s foreign policy is to be used to promote our values and not only our commercial interests, then I would have expected a greater focus on human rights and a review of the Government’s regime for arms exports.

As the noble Baroness, Lady Tonge, said yesterday, we have an FCO condemning human rights abuses and a Department for International Trade supporting closer relationships—constant mixed messages. This is not joined-up government. In June, the Court of Appeal ruled British arms sales to Saudi Arabia unlawful. Ministers were found to have illegally approved arms sales without proper assessment of the risk this would cause to civilians. In September, the Government admitted that the UK had breached the court order three times by unlawfully issuing export licences for arms sales to Saudi Arabia. I hope the Minister will give a clear assurance that there will be no more breaches.

At the Tory conference, Dominic Raab announced plans for a new Magnitsky law to place visa bans and asset freezes on those individuals deemed responsible for serious human rights abuses, including torture. It was this House that delivered amendments to the then Sanctions and Anti-Money Laundering Bill, introducing these powers. I hope the Minister can tell us what Dominic Raab has in mind to ensure that those responsible for the grossest violations of human rights—as my noble friend Lord Pendry highlighted—face the consequences of their actions.

As the noble Lord, Lord Campbell of Pittenweem, put it, with Trump’s election and Brexit, we have seen the twin pillars of the post-war strategy completely undermined. As my noble friend Lord Judd said, our response should be to strengthen our commitment to the United Nations while acknowledging its shortcomings, particularly in the light of repeated abuses of the veto power by certain members of the UN Security Council.

Many noble Lords mentioned the role of the Commonwealth, and I certainly recognise its importance. It is a family of nations that, through its charter, provides the means to promote the values of democracy, transparency, the rule of law and human rights. The Minister the noble Lord, Lord Ahmad, referred to our role as chair-in-office, but where are we on the commitments we made at the end of CHOGM? Despite some progress, we still have Commonwealth countries where LGBT people face not only discrimination and anti-gay laws but increased violence. I hope that, in the Minister’s response, we can have greater detail as to how we are supporting efforts to ensure the decriminalisation of homosexuality.

If the Government were serious about Britain’s part in creating a just, safe, secure and sustainable planet, free from the fear of hunger and poverty, then I would have expected a clear focus in the gracious Speech on the United Nations 2030 agenda, building a unified approach to deliver the sustainable development goals and to ensure that we leave nobody behind. The Government could have used the gracious Speech to signal a new approach to the SDGs by creating a new policy unit in No. 10 dedicated to them, with a Cabinet Minister responsible for co-ordinating across Whitehall.

There are various moments during the coming year when DfID and our Government can accelerate progress on tackling global poverty. I take particular interest in the Tokyo Nutrition for Growth summit. Here, I have to declare an interest as chair of the APPG on Nutrition for Growth. Malnutrition drives ill health and undermines the effectiveness of health systems. It prevents children, particularly girls, from meeting their educational and economic potential. In addition, food systems are a major driver of climate change and are extremely sensitive to climate shocks. DfID has taken some great steps in all of these areas, but in order to unlock the full benefits of DfID’s support for health, education, climate and economic development, nutrition must be a priority. I therefore ask the Minister to see that DfID delivers on its remaining 2013 Nutrition for Growth commitments and takes full advantage of the Tokyo summit in 2020.

After President Trump’s unilateral withdrawal from the Paris agreement, I welcomed the commitment in the 2017 gracious Speech for Britain to be in the lead in creating a sustainable planet. I hope that the Minister will give us details on how we strengthen work with our allies, particularly in the EU, on delivering the climate change agreement. Loss and damage from climate disaster is already having a severe impact on vulnerable countries and diminishing their capacity to develop. Poorer countries have felt the impacts of climate change first and worst, yet they have done the least to cause it. Climate change has mostly been caused by rich, developed, industrialised countries that have developed their economies while burning fossil fuels.

On our own contribution, according to the Committee on Climate Change, the UK is way off target to meet its fourth carbon budget in 2023-27 and its fifth carbon budget in 2028-32. Last year, the committee set out 25 headline policy actions for the year ahead. Twelve months later, only one has been delivered in full, and 10 of the actions have not even shown partial progress.

International trade was a key theme over the past two days. I had hoped to see in Her Majesty’s gracious Speech clear proposals to tighten the rules governing corporate responsibility and accountability for abuses in the global supply chain. They were not there. On global trade agreements, there are opportunities, but principles must govern them. The most important is a pro-poor and pro-development policy. In the Trade Bill, we demanded in this House, as the noble Baroness, Lady Finlay, reminded us, the maintenance of high social and environmental standards in trade agreements post Brexit to guarantee continuing access to the EU market.

Sadly, the Government have a poor record when it comes to respecting parliamentary sovereignty. This House —certainly this side of the House—demands provisions for proper parliamentary scrutiny of all proposed trade deals and treaty obligations in the future. We must be involved and the people must have a say.

I want to pick up the point made by the noble Lord, Lord Alton, because he is absolutely right. We cannot just have words; we need clear action. In Manchester, the Foreign Secretary said that he would, “relish not shrink from” our global duty to bring the perpetrators of injustice and war crimes to account. In this Queen’s Speech, I hoped to see specific proposals on how we would achieve this. I hope that the Minster, in winding up the debate, will tell us what they are.

Brexit: Gibraltar

Lord Collins of Highbury Excerpts

Monday 29th April 2019 Lords Chamber

[Lord Callanan]

I quoted accurately what the Chief Minister said. He has always been supportive of the withdrawal agreement. Clearly, Gibraltar voted by a large margin to remain, but it is also the view of the people of Gibraltar that they want to remain allied to the United Kingdom and to respect the result of the referendum.

[Lord Collins of Highbury (Lab)]

My Lords, the Chief Minister has been absolutely precise that no deal is not an option for Gibraltar. He has made that clear, which is why he has backed revoking Article 50 if there is no deal. The reason for that is that Gibraltar cannot be sustained without a proper deal. What planning are the Government doing for Gibraltar in the event of no deal?

[Lord Callanan]

We are trying to prevent no deal by getting the withdrawal agreement passed. We are talking to the Labour Front Bench in the other place and we hope to get an agreement that will prove that it respects the result of the referendum.

European Union (Withdrawal) Bill

Lord Collins of Highbury Excerpts

Report: 1st sitting: House of Lords
Wednesday 18th April 2018 Lords Chamber

[Lord Crisp (CB)]

My Lords, I added my name to the amendment because it is very much in the interests of both donor countries and the countries that receive that aid. I agree with the points made by the noble Lord, Lord Bruce, as well as those made earlier by my noble friend Lord Sandwich in moving the amendment —in particular, his last and hugely important point about co-ordination and continued partnership, building on what we have already got.

I will not labour those points at all. I want to make just one additional and very practical point. For years, recipient countries have received aid from different countries with different monitoring arrangements and different conditions—or, if you like, with different strings attached. This is costly; indeed, it is wasteful because it puts an unnecessary burden on those countries. The international community has tried over many years, with some success, to align or harmonise these arrangements so as to reduce this wasteful burden and, by doing so, make sure that it gets the best value possible from its donations.

Of course, there are also advantages in countries aligning their priorities to have as big an impact as possible, which is helped enormously by the global priorities set out in the sustainable development goals. However, having made those points about alignment, this amendment does not constrain the UK in its future decision-making in any way. It merely seeks to ensure that, wherever possible—I stress that—there is alignment between its donations and those of our neighbours and that they can be made as efficiently as possible. The UK can, of course, choose to diverge from its neighbours, but this amendment would merely require it to do so in full knowledge of what it is doing.

[Lord Collins of Highbury (Lab)]

My Lords, I support the amendment on behalf of the Opposition. As we have heard in the debate so far, in the words of the Government’s own review of their actions, the European Development Fund is one of the most efficient and effective global agencies. The point being made is that, through action in concert and working co-operatively, we amplify our actions. We get more for our buck as a consequence of working with others. Certainly, the European Union has been key in delivering effective development support.

When we had a discussion about both the multilateral and bilateral review documents, and when we had Oral Questions on the subject, the Minister—the noble Lord, Lord Bates—acknowledged all these points. He said, “Well, these are matters for negotiations”. He was even questioned on how we can deal with transition. If we simply stop and say, “Well, these things will come back into our control”, we do not deal with the question of the long-term funding arrangements that are currently in place. We need to know the answer to these questions. It is simply not good enough to say that they will be dealt with eventually. These matters are too important to be left to some eventuality in the distant future.

European Union (Withdrawal) Bill

Lord Collins of Highbury Excerpts

Committee: 10th sitting (Hansard): House of Lords
Monday 26th March 2018 Lords Chamber

[Baroness Ludford (LD)]

My Lords, the debate this afternoon has amply demonstrated why in today’s Statement the Prime Minister refers to the particular challenges that Brexit poses for Gibraltar. Staying in the single market would mitigate some of those challenges, particularly the economic ones, but there would still be the risk of political problems from Brexit itself.

There has been much talk from Brexiteers about global Britain and even Empire 2.0, which is pretty gruesome, but the damage to Ireland and Gibraltar—I fully agree with the noble Lord, Lord Cormack, and others who have drawn an analogy there—from Brexit belies the claim that Brexit is not focused on a rather little-England perspective and instead has a broad and internationalist one. It would be a terrible betrayal of Gibraltar as well as Ireland if the Government do not have those territories in the forefront of their mind.

The Government of Gibraltar told the House of Lords European Committee that Brexit presented,

“few opportunities worthy of mention”,

and that losing access to the single market in services would be a “severe blow” to Gibraltar’s economy—reflecting the fact that it has been a fundamental tool in Gibraltar’s economic development. It is therefore no wonder that, as others have said, 96% of Gibraltarians voted remain.

The point has been strongly made that Gibraltar depends on the free movement of workers. I was very interested to hear that the noble Lord, Lord Luce, is chancellor of the University of Gibraltar, because it gave evidence to the EU Select Committee inquiry and said how valuable the free movement of staff and students across the border with Spain is to it. It also said that the social welfare system is significantly dependent on the income tax paid by cross-border workers in Gibraltar—and a related point is that Gibraltarians will potentially lose access to healthcare facilities in Spain. So there are so many areas of damage to Gibraltar and the residents of the Gibraltar.

Tourism is another element in its economy that would be profoundly harmed by any border problems. The European arrest warrant was described by the Government of Gibraltar as,

“a blessed relief because it took the sovereignty dispute out of the equation of extradition”.

As it involves mutual recognition between judges, it does not depend on Government-to-Government agreement.

The Government of Gibraltar are particularly worried about the possibility of no deal and a cliff-edge scenario. I believe that the Brexiteers have been cavalier in envisaging this possibility. I have to reproach the Minister in this respect, because he mentioned it again last week to the committee—as did his colleague in the other place Robin Walker. Reviving the “no deal” prospect is breathtaking in its irresponsibility to a territory such as Gibraltar. The Government of Gibraltar suggested that it could result in their frontier being severely disrupted or even closed, which would be “potentially disastrous”. It might mean the UK Government having to step in to support Gibraltar’s economy, as they did in the Franco era. I wonder whether British voters have been told about such a possibility, given that they know, or at least have been told, that Britain’s economy is set to deteriorate if we leave the single market—the Prime Minister has said that—and their incomes might well be squeezed. So there could be quite interesting political problems for a Government defending subsidies to Gibraltar.

Lastly, as has been pointed out, Brexit means that Gibraltar will depend on the good will of Spain. It will no longer have EU law there. That law has not been perfect and there are still some issues, but Gibraltar has looked, with justice, to the EU to arbitrate and defend it in disputes with Spain. But it will not have that protection if we Brexit, and the onus will be on the UK to take action. So, like other noble Lords, I think this is a very important issue and I look forward to the Minister telling us exactly how the Government are going to look after Gibraltar, in the same way that there is huge feeling in this House about the maintenance of no internal border in Ireland. I think that the Government have a lot of explaining to do.

[Lord Collins of Highbury (Lab)]

My Lords, we have had an excellent debate. I appreciate the comments from the noble Lord, Lord Luce. He has initiated debates in this Chamber about Gibraltar, separate from Brexit, and although I did not speak at Second Reading of this Bill I have spoken in a number of those debates. The noble Lord, Lord Hannay, is absolutely right about the process, and the history lesson that has been given is quite important for understanding the way forward. I did not act as governor-general in Gibraltar like the noble Lord, Lord Luce, but I was a union official there representing workers in a period when the border was closed. In fact there were 6,000 Moroccan workers operating in Gibraltar. They were housed in the old naval dockyard barracks in conditions that we would not find particularly acceptable, but it certainly gave them gainful employment in a way that helped their families in Morocco.

In Spain’s accession process we were able to reach a practical accommodation that served the economic interests of Gibraltar and the people who lived around it, particularly in the Andalusia region of Spain. I have to declare an interest or two here: my husband is Spanish and from Andalusia. The fact is that the people of Andalusia know very well that Madrid does not have them very high up on its agenda either, so these are really important issues to understand. The reason why 96% of the people voted in favour of remaining in the EU is that they know full well that the political and economic conditions that prevailed with membership of the EU are vital to their continuation as a viable society.

The Opposition support the amendment and understand the need for it. Several noble Lords have spoken today, particularly the noble Lord, Lord Hannay, who posed very specific questions. We believe that at the end of the day the question that will determine the survival of Gibraltar will be the UK Government’s efforts to ensure that it is able to continue to have a relationship with the rest of the EU. That is the question that we want answered but we know full well that we are not going to get one today.

[Lord Dykes (CB)]

In that conjunction of events and facts, was the noble Lord, like colleagues in the other place, disconcerted by the very aggressive and jingoistic references to Spain that were made by some people there—unnecessarily so, because there was no question of the UK abandoning its total support for Gibraltar? The tone adopted on Spain was really rather unacceptable, including by some Members of this House. I think I remember the noble Lord, Lord Howard of Lympne, saying we might have to go to war with Spain, and even Daniel Hannan, a right-wing Tory MEP, refuted that. Does the noble Lord, particularly because he has declared his interest of a Spanish husband, which was a very interesting point, feel that the balance was right or that there should have been more intelligent access to the ideas of Spain, bearing in mind the pressures that it has over Catalonia?

[Lord Collins of Highbury]

To be clear, the Opposition believe—as do I personally, as someone who has worked in Gibraltar over the years—that the position of Gibraltar should be a matter for the Gibraltarians. There should be no doubt about that, and we are committed to it. They have had a referendum and we will completely stick to that.

I was about to come on to my comments relating to what the noble Lord, Lord Luce, said. At the end of the day, we want to ensure that we make economic relationships and economic development a high priority. I do not think we should restrict this to comments about the viability of Gibraltar; we should be focused on how we can support a friendly country in developing an economy in the south that has been so difficult to establish over many years. British tourism has been very important to that, but it is also in terms of new industries and finance sectors that could be expanded and developed. I like the proposal by the noble Lord, Lord Luce, that we should be talking positively about economic development in relation to Gibraltar and to how important that is.

To be frank, we cannot rely on Madrid. We should understand the nature of the Spanish psyche here: no matter what the terms of the Treaty of Utrecht were, there is a claim by the Spanish nation over sovereignty and, whichever political party is in power in Spain, socialist or conservative, this issue unites them across the political spectrum. I do not think we are going to resolve that—we cannot tell the Spanish what their views should be—but we can give very clear commitments to Gibraltar and its people, and we should maintain those commitments. What we need to hear from the Minister today is that it is not simply about commitments regarding Gibraltar’s relationships with the UK but that the Government are committed to ensuring that Gibraltar can have a positive economic relationship with the rest of the EU, and that in any final appendix or agreement to the transitional period Gibraltar’s needs are properly considered and there is a positive case. Not only would closing the border be a disaster for Gibraltar but, as people have said in this debate, it would be an incredible cost to this country as well.

In the 1960s we had a very big MoD base in Gibraltar and there was employment. That is not the case any more. It is a different sort of industry and employment that we have to address.

Will the Minister answer the question of the noble Lord, Lord Hannay, about what is next under the transitional agreement? What will Gibraltar’s relationship economically be with the rest of the EU? To take up the point made by the noble Lord, Lord Luce, what commitments will we give for a positive relationship with Spain to ensure the economic future of Gibraltar and its people, and the people of Andalusia?

[The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)]

Let me first agree with the noble Lord, Lord Collins: it has indeed been an excellent debate on an extremely important topic. I also thank the noble and learned Baroness, Lady Butler-Sloss, for raising the issues, but we do not believe that the new clause is necessary. It posits the need to protect the rights of persons and businesses either from or established in Gibraltar operating in the UK, but none is directly affected by the Bill.

As I begin, I say that we are steadfast in our support for Gibraltar, its people and its economy. Let me directly address the issue put to me by the noble Lords, Lord Hannay and Lord Luce, and by the noble Baroness, Lady Northover, about the implementation period.

The territorial scope of the draft withdrawal agreement, including for the implementation period, explicitly includes Gibraltar. That is right, and consistent with our view that we are negotiating on behalf of the whole UK family. We want to get a deal that works for all, including for Gibraltarians. The noble Lord, Lord Hannay, asked me to be specific, and it is in Article 3, section 1, paragraph (b) of the draft agreement.

In legislating for the United Kingdom, the Bill seeks to maintain, wherever practicable, the rights and responsibilities that exist in our law at the moment of leaving the EU, and the rights in the UK of those established in Gibraltar are no exception to that. We respect Gibraltar’s own legislative competence and the fact that Gibraltar has its own degree of autonomy and responsibilities. For example, Gibraltar has its own repeal Bill.

We are committed to fully involving Gibraltar as we prepare for negotiations to leave to ensure that its priorities are taken properly into account. As has been mentioned, we are working closely with Gibraltar, including through the dedicated Joint Ministerial Council on Gibraltar EU Negotiations.

The Bill, however, is not the place for legislation about Gibraltar. The Bill does not extend to Gibraltar, except in two very minor ways: that, by virtue of Clause 18(3), the powers in Clauses 7 and 17 can be used to amend the European parliamentary elections legislation, which of course covers Gibraltar; and the Bill repeals some UK legislation that extends to Gibraltar.

However, we understand the concerns being expressed through the amendment tabled by the noble and learned Baroness, Lady Butler-Sloss. In response to those concerns, I hope that I can reassure the Committee that access to the UK market for Gibraltar is already protected by law, and my ministerial colleague at the Department for Exiting the EU, Robin Walker, agreed a package of measures at the last Gibraltar JMC on 8 March that will maintain, strengthen and indeed deepen UK-Gibraltar ties.

In financial services, where UK-Gibraltar trade is deepest, this is granted by the Financial Services and Markets Act 2000 (Gibraltar) Order 2001 on the basis of Gibraltar’s participation in EU structures. We have agreed that the UK will guarantee Gibraltar financial services firms’ access to UK markets as now until 2020, even in the unlikely event of no deal being reached. We will design a replacement framework to endure beyond 2020 based on shared high standards of regulation and enforcement and underpinned by modern arrangements for information-sharing, transparency and regulatory co-operation.

Obviously, I always hate to disappoint the noble Lord, Lord Foulkes, but when it comes to online gambling, the UK has provided assurance that gambling operators based in Gibraltar will continue to access the UK market after we leave the EU in the same way as they do now, and we are working towards agreement of a memorandum of understanding which will enable closer working and collaboration between gambling regulators in Gibraltar and the UK. This work is already under way, so we consider that the amendment is unnecessary.

In this way, we will deliver on our assurances that Gibraltar will enjoy continued access to the UK market for Gibraltar business, based on the Gibraltar authorities having already agreed to maintain full regulatory alignment with the UK.

We will of course keep Parliament informed of progress. Gibraltar is regularly discussed in Questions and in debate: for example, in Oral Questions on 30 January and on Second Reading of this Bill on 31 January.

I hope that I have addressed the noble and learned Baroness’s concerns, and I urge her to withdraw the amendment.

European Union (Withdrawal) Bill

Lord Collins of Highbury Excerpts

Committee: 6th sitting (Hansard - continued): House of Lords
Monday 12th March 2018 Lords Chamber

Moved by

[Lord Collins of Highbury]

121: Clause 8, page 6, line 37, at end insert “, subject to the requirement in subsection (1A).
(1A) Within one month of the passing of this Act, a Minister of the Crown must publish an assessment of each of the international treaties, agreements and obligations that will require amendment or renegotiation as a result of the withdrawal of the United Kingdom from the EU. (1B) The report required under subsection (1A) must include an assessment of how the powers under this section may need to be used.(1C) A Minister of the Crown must lay the report under subsection (1A) before both Houses of Parliament.”

[Lord Collins of Highbury (Lab)]

My Lords, I start by thanking the Chief Whip for ensuring that so many noble Lords are in their places to hear my contribution. At one point I was slightly anxious that I would be speaking to an empty Chamber, so it cheers me up to see so many noble Lords here at this time. I am not worried about my own side; it is noble Lords opposite whom I want to hear and understand the issues.

I was going to say that I will be very brief, but I will not do so because I need to apologise for not speaking at Second Reading. However, this is not the first Brexit Bill. The Sanctions and Anti-Money Laundering Bill, which has passed through this House and is now in its Commons Committee stage, was the first, and it was that Bill which prompted me to consider this amendment to the European Union (Withdrawal) Bill. What we have heard in previous groups is that we are potentially seeing, rather than enhanced parliamentary sovereignty, what appears to be the biggest Executive power grab since the days of Henry VIII. That is why so many noble Lords are very concerned about the powers suggested to deal with the difficulties that Brexit will bring about.

The sanctions Bill was very important because most of its powers related to the 1972 Act. It was important that we ensured that we had a domestic legal framework in place to meet very important international obligations, particularly as a member of the United Nations. We made a number of improvements to that Bill, which are being considered by the other place. The noble and learned Lord, Lord Judge, described the sanctions Bill as a “bonanza of regulations”. While acknowledging that some of this was justifiable—I acknowledge that even in this Bill the regulations are required—it places on us an important obligation to ensure that there are sufficient safeguards and adequate parliamentary scrutiny to make the delegated powers constitutionally acceptable.

That is why I have tabled this amendment to Clause 8, which gives Ministers extensive delegated powers to introduce regulations that they consider appropriate to prevent, remedy or mitigate any breach of the UK’s international obligations as a result of Brexit. But that power is not restricted to modifying retained EU law, as it would not require Ministers to demonstrate why any changes are necessary. This is the important element of my amendment: while we heard from the noble Viscount, Lord Hailsham, that his amendments deal directly with delegated powers, mine focuses on the need for increased transparency on treaties and international obligations that may require changing post Brexit. When using such powers, Ministers should proceed with the fullest parliamentary scrutiny. We must be able to do our job effectively, and with proper transparency on the Government’s part we can ensure that this can be done.

I hope the Minister will not offer up the suggestion that the requirements and measures I am proposing will somehow be a barrier to negotiations. Of course they will not. They are about helping us do our job of scrutinising. They do not affect the negotiations; they affect how we do our job in our House.

In his group of amendments, the noble Viscount, Lord Hailsham, mentioned the risks of some of these powers being used. I recall in the sanctions Bill my noble and learned friend Lord Falconer saying that we would have to be extremely careful because, whatever Ministers tell us now, in either the Commons or the Lords, ultimately the Executive always reach for the Act of Parliament and see what that Act of Parliament allows—what is on the face of the Bill. That is why this added element of transparency will ensure that, in the future, we can do the job of scrutiny well and properly. I beg to move.

[Baroness Randerson]

My Lords, Amendment 138 is in my name. I will concentrate simply on the international treaties and agreements that relate to transport as an illustration of the complexity of the situation that we face. We are party to many hundreds of agreements as members of the EU that we will have to renegotiate as part of leaving the EU. There are other agreements that we will have to join because we cannot rely on EU arrangements.

To illustrate the complexity of the situation, in the field of transport it is estimated that the UK will have to renegotiate and replace 65 international transport agreements following Brexit. The Government’s preparedness for this is perhaps rather doubtful—the signs are not good so far. I give as an illustration the last-minute appearance of the Haulage Permits and Trailer Registration Bill, which was not in the Queen’s Speech as an EU Bill, which was sprung on us at very short notice and which is being rushed through with great speed because the Government have discovered that, in future, we will have to rely on the 1968 Vienna convention to transport goods abroad and to take trailers abroad. We will have to rely also on the 1949 Geneva convention to get international driving permits.

We are going back a very long time in history, so it is not surprising that it took the Government a while to wake up to this situation. As a result of the rush in which we are having to deal with this issue—we signed the Vienna convention but never ratified it; we have to give a year’s notice of ratification and are running out of time to do that—we are faced with a Bill which is not so much skeletal as almost a ghost. It is so insubstantial that it fades in front of our eyes. There is perhaps a slight chill surrounding it as well, because the Government give no indication of what they want to do with powers which they admit they would rather not have to seek—and all of this is in preparation for the possibility of a no deal Brexit.

This is no way to make legislation. However well prepared the Government are, there will be dozens of agreements to reconsider. I have raised in this House many times the issue of the single European sky, which was mentioned earlier this evening. It is not just an EU issue; it is crucial to our arrangements with the US as well. Transport-related agreements are only one corner of the problem and are simply an illustration of the complexity that the Government face.

--- Later in debate ---

[Baroness Goldie]

My Lords, I thank the noble Lord, Lord Collins, and the noble Baroness, Lady Randerson, for their amendments, which are effectively seeking transparency. The Department for Exiting the European Union is leading cross-government work, including with the Foreign and Commonwealth Office treaty section, to assess and act on the international agreements for which, as a result of the UK’s withdrawal from the EU, there will need to be arrangements to ensure continuity for business and individuals. Alongside this, we are also working with our international partners—the EU 27, the Commission and third countries—to identify the full range of agreements which may be impacted by our exit from the EU, and we will be taking their views into account.

I might observe to your Lordships that it is not common practice to publish assessments on treaties that have expired, ended or been superseded. However, I assure noble Lords that any treaties which require new or amended implementing legislation and/or parliamentary scrutiny before ratification will go through the appropriate well-established procedures. Where the powers in subsection (1) are used, these will be subject to the scrutiny procedures set out in this Bill. To set all this in context, my noble and learned friend Lord Mackay of Clashfern rightly identified that the instances where these provisions may be used are not likely to be plentiful. As I have explained, given that the Government’s approach to international agreements is to achieve continuity, I believe this renders unnecessary the impact assessment that the amendment would require.

I can confirm that we will, of course, continue publishing impact assessments to accompany legislation, in line with existing practice. I take this opportunity to remind the Committee of the Government’s overarching policy approach to international agreements after we leave the EU. As set out in the technical note recently published on this issue, we are seeking to ensure that our existing international agreements continue to apply to the UK during the proposed time-limited implementation period. Our officials are working with the Commission on the precise mechanics of this. The focus, both during the implementation period and beyond, is on seeking, wherever possible, to continue our current arrangements with third countries and international organisations. We recognise the need to promote stability for businesses and individuals and we will aim to transition agreements as seamlessly as possible to ensure an orderly withdrawal.

I hope that that background and this explanation provide the necessary clarity and with this insight, I respectfully ask the noble Lord to withdraw his amendment.

[Lord Collins of Highbury]

I thank the Minister for that explanation, but I fear that we will need to return to this issue. The noble and learned Lord may be right that there is limited scope, although I think we have heard in the debate that there are lots of examples. There are lots of conventions and agreements that, since our membership of the EU, we have had exemptions from because we are complying with EU law. But when we are outside the EU, we will find that we will need to ensure that we have the mechanism, so that those agreements and conventions are properly implemented. That is the issue.

Regarding the process we are going through on the Bill, at the end of the day—I hear what the noble Baroness, Lady Randerson, says—I do not really think that the people of this country understand exactly what will be required to ensure that Brexit is effective, or the sorts of agreements and international conventions that might affect them. I hope that the issue of transparency will be one not just of implementation but of ensuring that we all know and understand better the full implications of the decision that has been made. But in the light of the comments made, I beg leave to withdraw the amendment.

Amendment 121 withdrawn.

Exiting the European Union

Lord Collins of Highbury Excerpts

Monday 5th September 2016 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I thank the talented Minister for repeating that Statement. We have heard the mantra that “Brexit means Brexit”— simply leaving the EU—but the Prime Minister has suggested that she does not see the UK making an Article 50 application before the end of the year. Would the Minister explain in a little more detail—in these circumstances, he needs to—what he expects to happen between now and the end of the year with regard to that application?

The Secretary of State wrote in July:

“The negotiating strategy has to be properly designed, and there is some serious consultation to be done first”.

This is one reason for taking a little time before triggering Article 50. We have heard in the Statement about the numerous consultation meetings that have been taking place. I welcome those meetings, but the Government have to set out in starting proper consultation what are their objectives. Consultation is meaningless if you do not know what you are being consulted about.

It is also unacceptable that the Prime Minister has taken the undemocratic step of refusing to guarantee Parliament a vote on triggering Article 50. It is vital that Parliament is engaged in the process; we received assurances on this in the past. The specifics of the UK’s future relationship with the EU are not yet known, and such a constitutional change needs direct parliamentary involvement.

If Brexit is seriously about seizing opportunities and putting the national interest first, it means that the Government must have a view on what a successful outcome to negotiation looks like. If they do, when will they tell Parliament and the British people? We need to know.

The Statement refers to uncertainty, and of course we have seen uncertainty creating stress to our economy and particularly in our communities. I return to the subject of EU citizens currently living and working in the UK. They must not be used as a bargaining tool. There are first principles here that need to be addressed. I again ask the Minister to reassure those citizens that they will have the right to remain—to stay—after Brexit. It is not good enough simply to say, “If this happens, that will not happen”. It must be a matter of first principle.

Finally, many parts of the Statement talk about seizing this opportunity. Let me make clear that one thing that I hope will not be seized is the removal of the hard-won rights of workers and people in employment in this country. The protection of those rights will be one of the tests we will put on the successful outcome of the negotiations.

[Baroness Ludford (LD)]

My Lords, I, too, thank the Minister for repeating the Statement. We on these Benches are very glad to get this opportunity to try to get information from the Government. I fear, however, that we have not got much beyond the slogans of “Brexit means Brexit” and “We’ll make a success of Brexit”—those soundbites. We do not have much that is more concrete. Even if the machinery of government could not have been prepared for a leave result—which I doubt anyway—the apparent lack of political consensus at the top of the Conservative Party on the aims of a Brexit negotiation is disconcerting, to put it mildly. There is anxiety and puzzlement across the political spectrum. For instance, former Education Secretary Nicky Morgan in the Times today demanded a clear plan. On the constitutional side, there is great concern about the unity of our kingdom and the future of peace in Ireland.

The Statement says that there will be no hard border in Ireland, which would indeed be welcome—but how realistic this is depends on whether we are in the single market, whether there is free movement and whether we are in the customs union.

In the words of our EU Select Committee, it would be “inconceivable” that that negotiations on withdrawal and future relations should be conducted “without effective parliamentary oversight”. In the Statement, we are told that the Government want to put,

“the sovereignty and supremacy of this Parliament beyond doubt”.

But the only promise is that we will be,

“informed, updated and engaged”.

That is much less than accountability and real oversight. We on these Benches, like the Opposition, believe that accountability and oversight should be marked by a parliamentary vote on triggering Article 50. Liberal Democrats do not seek or support a second referendum in the term of art which means a rerun of 23 June—but the need for public endorsement of a Brexit deal is an entirely different matter. That is essential, because it will be the first time that voters get any chance to evaluate the reality, and not the fantasy, of Brexit. We on these Benches will hold the Government very carefully to account on how their Brexit actions meet the real interests of this country.

Council of the European Union: UK Presidency

Lord Collins of Highbury Excerpts

Tuesday 19th July 2016 Lords Chamber

[Lord Bridges of Headley]

First, I thank my noble friend for his comments. I am sorry that he does not much like the acronym. I entirely agree that we will and must continue to play our full role in the EU, as I said, exercising the rights and observing the responsibilities that our membership brings, and as your Lordships will know, just yesterday we played an active role at the Foreign Affairs Council. We will clarify our position in due course. I am mindful of what my noble friend has just said and of the wish for clarity that some member states have expressed. We are considering the options, but we have not had substantial talks on this as yet.

[Lord Collins of Highbury (Lab)]

My Lords, I congratulated the noble Lord yesterday—although I am not sure how we pronounce DfEEU—and I think that we have made some progress here today. When, on 27 June, the then Lord Privy Seal answered a similar question, the response was, “Well, that will be decided in the months ahead”, so we are now doing this in a timely fashion. However, it is important that the Government set out a clear timetable for these things not only to reassure our European neighbours but to reassure Parliament about our obligations as a member of the EU.

[Lord Bridges of Headley]

I thank the noble Lord again— and by the way, I think he pronounced DfEEU very well. I cannot go further right now on setting out a timetable, but I absolutely understand what he says. He is right to say that we need to respect the views of our European partners. As I said, we are considering our options and will do so in a timely fashion.

Royal Prerogative

Lord Collins of Highbury Excerpts

Monday 18th July 2016 Lords Chamber

[Lord Bridges of Headley]

The noble Lord will be aware that the Government considered this matter. I defer to the number of noble Lords in this House who have considerable legal experience in this area. The Government considered this issue. On 18 April this year, my right honourable friend the Defence Secretary published a Written Ministerial Statement looking into this and reflecting that the action that the noble Lord refers to was not required and not necessary.

[Lord Collins of Highbury (Lab)]

My Lords, I congratulate the Minister on his new responsibilities for the Brexit negotiations. We have had several debates in this House regarding this matter. At the end of the negotiations we will have an exit package, which the noble Lord, Lord Lisvane, has said may be bad or,

“it may be disastrous, but it will surely require further authorisation whether popular, parliamentary or … both”.—[Official Report, 6/7/16; col. 2066.]

Does the Minister agree with that remark?

[Lord Bridges of Headley]

First, I thank the noble Lord for his kind remarks. As part of the withdrawal process, amendments to the European Communities Act 1972 will need to be considered. That will depend on the outcome of the UK’s negotiations with the EU, and any amendments would require an Act of Parliament.