(6 years, 2 months ago)
Lords ChamberMy Lords, naturally I wish my noble friend and his colleagues in government well; we all do. But could he give the House some indication of what he expects the timetable to be between now and the rising of the House for the Christmas Recess? Could he also have a gentle word with the Foreign Secretary and point out that, while it is humorous if he confuses Japan and China, it is serious if he confuses the European Union with the Soviet Union?
On my noble friend’s last point, I am not sure I am in a position to give the Foreign Secretary advice. But, to be fair, I looked at his comments, and he did not compare the EU to the Soviet Union; he was making a point about how difficult it is to leave various organisations. I think afterwards he withdrew the exact words he used.
Regarding timescales, it is difficult to be precise. We are still trying to target an agreement by the October summit. As I mentioned in my answer to the noble Baroness, Lady Hayter, we are conscious of the need for proper parliamentary scrutiny of the withdrawal Act, and we are preparing for that, but we need appropriate time to get the legislation through both Houses before 29 March. We have made the EU aware of that timescale, but of course we want to ensure we get the right deal for the United Kingdom. As soon as I have more information on the timescale, the noble Lord will be the first to hear about it.
(6 years, 3 months ago)
Lords ChamberOf course, in the event of no deal—which, as I repeat ad nauseam, we do not want to happen—we can be responsible for what happens in this country but it is the responsibility of other member states and the European Union to fulfil their side of the bargain and agree what will happen on their side. The border has two sides to it. We can say what will happen on the British side, but what happens on the Irish side is the responsibility of the Irish Government and the European Commission.
My Lords, does my noble friend accept that many people in this country in all political parties are looking for leadership? Will he convey to the Prime Minister, whom I wish to see remain to lead us through these difficult times, not only my very good wishes, but that it would be a very good idea if she were to consult leading figures in other political parties in this country and if she were to use the facilities of Chequers to invite some of our European friends and neighbours over for private discussions? We have to compromise, whichever side we are on, but if we allow ourselves to be led by the European ruination group in the other place, the future will be dire.
The noble Lord was doing so well until he got to the second part of his question. Yes, of course we will provide leadership, and we are. We have set out a plan as to how we think this can be delivered. I am not sure it is a practical suggestion that we consult the leader of the Opposition, who I think is providing a dire example at the moment, but we in our department and other Cabinet Ministers are having ongoing, regular discussions with other European leaders and Ministers. I am travelling abroad regularly myself, as are other Ministers, to try to convince other member states of the viability of our plans and the options that we have presented.
(6 years, 4 months ago)
Lords ChamberMy Lords, can I draw my noble friend’s attention to paragraph 7, on page 5? It says:
“There has been agreement to establish a Joint Committee of UK and EU representatives to oversee and discuss the implementation and application of the Withdrawal Agreement”.
That is obviously eminently sensible. Can he possibly give us some details of that group, and reflect on whether there might be wisdom in a suggestion which I made over two years ago that there should be a special Joint Committee of both Houses, as we go through these crucial stages, to look at critical issues? Could that matter please be looked at again?
(6 years, 5 months ago)
Lords ChamberMy Lords, I thank my noble friend for remaining in the Government to fight for meaningful negotiations. Will he do all in his power to convince the triumphalist brigade of Brexiteers, of whom there are far too many, that they represent only a small fraction of the population and have to accept that the solution at the end of the day cannot be winner takes all? We have to have realistic negotiations in a spirit of constructive compromise. Will he assure the House that that is how he will play his part in going forward from this document, which is much more realistic than many of us feared it might be?
I thank my noble friend for his comments. I never had any intention of resigning, despite the optimistic tone in the Twitter feed of the noble Baroness, Lady Ludford, which somebody pointed out to me. It was a great amusement to wake up on Monday morning and find the number of people—including the noble Lord, Lord Adonis, the noble Baroness and others—who had been speculating on my demise. Of course, these are difficult times. There were always going to be difficult and tricky negotiations and I have always said that we need to try to come up with a solution which everybody in the country can support. That will be a challenge but we will do our best, because we have to move forward in a spirit of unity and not division.
(6 years, 5 months ago)
Lords ChamberIs my noble friend aware that throughout the Conservative Party, many, many people will be delighted that he is staying, supporting the Prime Minister in trying to achieve a sensible settlement?
I thought there was going to be a “but”, there, but obviously not. I thank my noble friend for his kind remarks. I was somewhat surprised to wake up this morning to find that the noble Lord, Lord Adonis, had apparently announced my resignation on Twitter overnight, which was perhaps wishful thinking on his part.
(6 years, 5 months ago)
Lords ChamberMy Lords, it is a particular pleasure to follow the noble Lord, Lord Soley, because I agree so much with what he said. When he talked about cross-party co-operation, he was right. In many ways, the situation that we face needs a national Government, although I accept that in the conventional sense that is not a starter. I regret it but I accept it. However, as we go through these next few crucial months, it is important that there is a sharing of information and aspiration across the party divide, not least because the overwhelming majority of Members of Parliament in both Houses do not want a no-deal or a hard Brexit.
The noble Lord, Lord Soley, was right too when he talked about the need for joint institutions and parliamentary groups. When the new relationship is developed, there must be no question that there must be a very senior British diplomat as ambassador to the EU. That is absolutely crucial.
We are all very much in the debt of my noble friend Lord Boswell of Aynho—I call him that even though he is not aligned. He made an excellent speech and used three words that really sum up what I have just touched on. He talked about the need for a generosity of spirit. If ever there was a need for understanding and a generosity of spirit in our national affairs, it is now. The report that his committee has produced does honour and credit to your Lordships’ House. It is balanced, judicious and wise—a word that is not always used of parliamentary reports.
Although not an original analogy, the noble Lord, Lord Whitty, used the analogy of divorce, and I want to talk for a moment or two about the human dimension. We have to remember that we are the ones who are walking away, and we need to maintain relationships with countries with which we have enjoyed close individual friendships, in some cases over centuries. My noble friend Lord Risby referred to former Commissioner Barroso, with whose country we have the longest alliance, going right back to the early 14th century.
The situation that faces us and the human dimension of it were brought home to me just a few weeks ago when I spent an evening with some Finnish friends. I had the honour to be chairman of the British-Finnish All-Party Parliamentary Group for 20-odd years. One of the Finns present, who was a former senior member of the Government and served his country with great distinction, helped to negotiate Finland’s entry into the European Union. He said to me, “I am grief-stricken”. He meant it and he was. We have to remember that, in spite of this divorce, rupture or break—whatever we care to call it—people like him are desperate to maintain close and cordial relations with our country.
The Baltic states are in a similar situation. I shall never forget being in the Baltic states in 2004 and being greeted by the rector of the University of Tartu in Estonia. He was speaking to a group of British parliamentarians and said how proud he was that his nation could now look not east but elsewhere, and particularly to the United Kingdom, for friendship and leadership. They feel let down and we must not forget that. They are bruised by what we have decided to do.
Although I do not think that there are many in the Chamber this evening, I want to appeal to the ones who were on the winning side. I acknowledge that they were on the winning side and I have never sought not to acknowledge that. However, I want to appeal to them yet again to recognise that the margin of victory was clear but small. This cannot be a situation where triumphalism dominates and the winner takes all. As this report makes so abundantly plain—it uses the word many times—there has to be compromise. There has to be give and take. I include in that sentence myself and all those of us who voted remain, just as my noble friend Lord Boswell did. We have to compromise and we have to give, but that applies right across the board.
If we are to have any sort of settlement that is not going to bring increased poverty, anxiety and worry to areas, particularly like the north-east as represented by the noble Baroness, Lady Quin, and from where my noble friend the Minister comes, we must not sacrifice everything that we have obtained from our membership. I go back, too, to the individual nation states that are the members of the European Union, with each of which we must maintain as close and cordial a relationship as we possibly can. Time is running out. We have this White Paper on the horizon. I look forward to seeing it with a degree of trepidation, but I hope that it will be reassuring. I hope that it will be a basis for all of us to move forward, but there is not a lot of time.
I conclude by appealing—I referred to this when the Leader of the House gave her Statement earlier today—through my noble friend the Minister. I do not know whether he will be at Chequers or not, but I hope that those who are there will talk to each other as friends and seek to come together in a spirit of compromise and realism to give us the basis in these last few months for meaningful negotiations. We have talked about a meaningful vote enough in this House, but it is meaningful negotiations that we now want—negotiations that will produce a result that we can all accept. I hope that there will indeed be an outbreak of Cabinet collective responsibility after Friday and that it will hold. I hope that individual Members of the other place, who are, in parliamentary terms, in a minority, will not issue threats to the Prime Minister or anyone else. The time for threat is over. The time for healing has come and if we cannot act in that spirit we are not serving our country as we should.
(6 years, 6 months ago)
Lords ChamberMy Lords, this may be the last time I address this House on a point of substance—unless my health changes. My physiotherapist says that I will be playing tennis again by Christmas, which would be nice because I used to captain the parliamentary tennis team. But at the moment I do not think I could crawl here from the Bishops’ Bar in a straight line without what that nice lady has given me across the counter.
Briefly, I want to make it clear why for the past 30 years I have been a pain in the neck to those who want to stay in Europe. I formed the Fresh Start group and the ERG some 30 years ago. I did so for a one-word reason. I will spend just three or four minutes, if I may, saying what I want to say.
My one word is not “trade”. I think trade is terribly important. One of the reasons I am against the European Union is that it is a defensive trade bloc, basically in the German interest, often not providing the technical solutions that Germany thinks it needs, as has been shown by several cases recently. The word I want to use is “patriotism”. I do not mean the fascist form of wrapping yourself up in a flag; I mean a bit of sentiment—John Major’s warm beer and the shadows of the trees across the cricket pitches, the music of Elgar, the Trooping of the Colour—but that is not the essence. The essence of why I oppose staying in the European Union is that it seems to me that the nation state is the best unit for democracy. It is the only unit that demands and gets loyalty and support from the people, in return for which it offers accountability. That is what it is all about: it is about the nation state being the basic unit for democracy. However much they support Europe, no one can claim that the European Union is a democratic state, in the sense that you cannot chose your Government if you are a citizen of the European Union. That is why I have always been against the European Union and in favour of the nation state, and above all the British nation state, which is in many senses the home of democracy. Democracy is the one word I would use if I were saying why I was against the European Union.
My Lords, I am sure I can speak for the whole House in saying that I very much hope that that will not be the last time my noble friend addresses this House. I regard him as a good and true friend. We have never agreed on this particular issue, but I respect his deep patriotism, to which he has given expression in his brief speech. All I would say to my noble friend and others who may be on his side of the argument is that it is perfectly possible to be a passionate patriot and to be a little concerned, to put it mildly, at the process we are now going through.
I have never sought to say, and I am not going to say it now, that those of us who voted for certain amendments have been trying, as a noble friend suggests in an article in the Times this morning, to frustrate Brexit. We have not. What we have been seeking to do is to improve a Bill which has to go on to the statute book. I totally accept what the noble Lord, Lord Grocott, said. Of course it has to go on to the statute book, and it has to do so fairly expeditiously. What we have done in your Lordships’ House has been entirely consistent with our constitutional duty. We have sent the Bill to another place, and it has now come back to your Lordships’ House. I hoped that there would be no need to vote at all today. I think there is one issue—namely, the meaningful vote—which we will have to look at, if only to give what a number of colleagues in the other place want, which is an opportunity to vote on a definite suggestion. We will come to that later.
I think we can be quietly proud of the achievements of your Lordships’ House. We have succeeded in persuading the Government to accept one amendment in its entirety and another almost in its entirety and to make, as the noble Lord, Lord Newby, said, something over 150 changes to the Bill, so we have nothing to be ashamed of. We have not procrastinated or delayed unduly. We have merely exercised our constitutional responsibility. When the Bill leaves your Lordships’ House today, I hope that, with one exception, there will be no need for it come back to your Lordships’ House because the Bill—again, I refer to the noble Lord, Lord Grocott—must go on to the statute book. Although many of us across the House, probably a majority in your Lordships’ House, are sorry about what is happening, even those of us who believe that the plebiscite is inimical to representative parliamentary democracy accept what has happened, and we must now try to ensure that whatever the ultimate outcome, it is characterised by understanding and friendship across your Lordships’ House and, more important still, understanding and friendship with those 27 countries which are our allies and our friends and with whom we do indeed wish to have, to quote the Prime Minister, a deep and lasting partnership. I hope we can now proceed fairly expeditiously this afternoon.
The operative phrase in the noble Baroness’s observation was “the chances are”. I believe that, if the House of Commons wished to consider the amendment in the terms put forward by the noble Viscount, it would be able to do so.
The noble Baroness was right. It should be desirable that the other place could do what my noble friend wants, but the rules of that House would preclude it.
I am afraid that I disagree with my noble friend. As we know, the Speaker of the House of Commons is very eager these days to allow all sorts of amendments to be put.
My Lords, I hope I can be brief, as befits the hour. I thank again my noble friend Lord Patten for his amendment and all the work he has undertaken since it has been lodged. Indeed, I thank all noble Lords who spoke on Report. When we first addressed this amendment, we made clear that, while we agreed with the spirit and intent of the amendment, its language was potentially too loose and perhaps the Bill was not the most appropriate home for such an amendment. Since then, we have reflected further. Ultimately, we acknowledge that it is difficult to justify opposing something with which we almost entirely agree. On that basis, as the Government stated in the other place on Tuesday, we are happy to accept the thrust of the amendment. The only reason we return it to your Lordships’ House is to ensure that the amendment we accept in principle is fit for the statute book.
To achieve that aim, the other place has agreed amendments in lieu of those tabled by my noble friend Lord Patten. These amendments do three things. First, they ensure that the amendment reflects the reality that the withdrawal agreement will be concluded between the UK and the EU, not the UK and Ireland. It is important to reflect this reality, because otherwise the amendment risks contravening the principle of consent in the Belfast agreement, an issue raised when we debated this matter by the noble Lord, Lord Empey, and my noble friends Lord Trimble and Lord King of Bridgwater. The Belfast agreement does not provide for joint authority over Northern Ireland between the UK Government and the Irish Government. That is why the Government replaced the reference to the Government of Ireland with a reference to the EU.
Secondly, the changes tabled in the other place ensure that we refer back to the Northern Ireland Act when we talk about north-south co-operation, rather than creating a new definition. Thirdly, the changes tabled in the other place tighten the amendment. The wording in the original amendment was not legally watertight, so the Government’s reductions are important in ensuring that this amendment sits appropriately on the statute book. Ultimately, this amendment in lieu still refers to “checks and controls”, so covers the different types of checks and controls listed in my noble friend’s original amendment. I stress that this amendment is only about the powers in the Bill, and applies only in relation to the agreement we reach between the UK and the EU. Its effect does not stray more widely. As we have said before, the Northern Ireland border will be dealt with in the withdrawal agreement, which will be implemented in domestic law by the withdrawal agreement and implementation Bill.
In conclusion, I hope I have the support of your Lordships in backing the amendment in lieu from the other place to ensure that this otherwise sensible amendment can complete its journey to the statute book.
My Lords, I think this is a very fine illustration of what this House has been able to do to the Bill. Of course, tomorrow all the focus, all the razzmatazz, will be concentrated on the vote that took place less than half an hour ago, but there has been real progress and a real meeting of minds. Clearly, we are very much in debt to my noble friend Lord Patten for his initiative, but the Government have responded in kind and that is something for which we are all grateful. It also underlines the fact that this House was able to give critical scrutiny to the Bill and the Government were able to recognise, on many occasions, that points of real substance had been made and real advance had been achieved.
I hope that when people look back on this, all the ridiculous accusations of betrayal and treachery and enemies of the people—all that rubbish—will be forgotten and what will be remembered is that your Lordships’ House devoted many hours of painstaking scrutiny to a Bill that we all recognised had to go on the statute book, and we improved it significantly. I am quietly proud of what we have done in this House. I hope all your Lordships will be. I hope that those outside who comment on these affairs will recognise the constructive role of this House of Parliament.
I started by welcoming what the Leader of the House said about the sifting committee and defending the role of this House and ensuring that this House plays its role. That is welcome language. We have not heard enough of it from the Government. We should all be worried about the potential deterioration of this debate. I wish merely to underline that the debate has got nasty on both sides. One MP was killed two years ago. Let us recognise that the current violent language may take us that far.
In the way in which we approach our task over the next six months, we will do our bit on the detail. I very much hope that the Leader will assure us that the Government will, all the way through, respect the appropriate constitutional role of this and the other House in dealing with a matter which is not simply decided by the referendum, because there is so much detail in it, and the detail always matters.
My Lords, the noble Lord was entirely right to touch on some of those things. I am very grateful to the Leader of the House for the manner in which she introduced the amendment. We have listened to the other place, which it is our duty to do. I am one of those who, although I share some of the misgivings of the noble Lord, Lisvane, like him, I do not believe that we should push this one any further tonight.
We have had a good day’s debate, but it is important that we try to lower the temperature a bit on both sides of the argument. It has got a little unpleasant from time to time, even in your Lordships’ House. We need to respect each other’s integrity and sincerity. There is no one in your Lordships’ House whose patriotism should be impugned as it was this afternoon. We need to work closely together. We are going to leave the European Union. Those of us who are unhappy about that have to recognise it but, equally, those who take a different line have to recognise that a minority of the whole electorate voted to leave and that, of those who voted, 48% voted the other way.
We are leaving, and this Bill is part of that process. However, in accepting what my noble friend the Leader of the House has said, and endorsing what the noble Lord, Lord Lisvane, has said, I urge everyone, present and absent, to try to ensure that future debates are conducted in slightly more of an atmosphere of mutual respect. This House has an honoured and honourable role to play. I believe that it has done its duty extremely effectively over the past few months. I hope that we shall continue to do that and that in doing it we shall not be sniped at by those whose sniping reveals only their own contempt for the parliamentary process.
My Lords, I am sorry that the Government did not feel able to accept the amendment that your Lordships’ House passed on this issue, but at least we now have a workable amendment.
I have just one question for the Leader. She said that she was confident that the committees would be able to respond “at pace” to the flow of statutory instruments coming before them. I am absolutely confident that they can respond at pace, but can the Government produce the statutory instruments at pace? Furthermore, if 1,000 statutory instruments will be required to implement this Bill when enacted, and given the probability of a transition phase, how many of those 1,000 statutory instruments have to be enacted before 29 March 2019?
(6 years, 6 months ago)
Lords ChamberThe noble Lord will no doubt be very happy that we are leaving on 30 March 2019.
My Lords, what arrangements have been made for representation on the committee to which my noble friend referred and which will operate during the transition period? Are there going to be Members of both Houses or of one House on that group? What parliamentary input will there be?
(6 years, 6 months ago)
Lords ChamberMy Lords, setting aside both Cassandra and Keir Hardie, when is the White Paper due to be published?
(6 years, 7 months ago)
Lords ChamberMy Lords, the days that we have spent debating amendments to the Bill have been very dark days for your Lordships’ House. Sometimes when we have successfully scrutinised a piece of legislation in the past, it has been described as the House at its best. Without any doubt, these days will go down in history as the House of Lords at its worst.
Noble Lords, some of whom have been elected to or worked in Parliament for many years, have used and abused the gentle, forgiving system in your Lordships’ House to further their own ends of stopping us leaving the EU. I have watched and listened with growing concern and incredulity as people who should know better have tabled and spoken to amendments, most of which have been technically out of order and nothing to do with the Bill. I speak as an ex-Deputy Speaker in the other place: it is interesting to note that if we had a Speaker—and that day may now be much nearer than we think—none of the amendments put down by wreckers of the Bill would have been called and the Bill would have been back in the Commons long ago.
I do not know how the House of Commons will deal with the irrelevant amendments we will send to it, but I know that irreparable damage to our reputation has already been done by the antics of these dark days. We have set ourselves up in such a disreputable way, as guardians of wisdom and the common good, in so many of the amendments that we have passed.
If anybody is doing damage to the reputation of the House, it is my noble friend.
That is a chance I will have to take. I do not agree with the noble Lord. I think that I am speaking up for this House, for this country and for what we are trying to do.
I repeat: to set ourselves up in such a disreputable way, as guardians of wisdom and the common good, in so many of the amendments that we have passed, simply in an attempt to wreck the Bill and thwart the will of the people, is both false and dangerous.
My Lords, I am grateful to the noble Lord, Lord Adonis, for this opportunity to say what I want to say now: those whom the gods would destroy they first make mad. Through the progress of this Bill in Committee and on Report, noble Lords collectively have taken leave of their senses and, in doing so, have put the whole future of your Lordships’ House as an appointed Chamber at stake.
When the coalition Government decided that they wanted to reform your Lordships’ House, I became a humble foot soldier supporting my noble friend Lord Cormack in his campaign to preserve an appointed House. We emphasised at that point that our job was to revise and improve legislation, but never to challenge the supremacy of the elected Chamber. I am not sure that we have kept to that. We seem to have had a very large number of amendments—much reference has been made to the 15 amendments made by your Lordships’ House. Many of them strike me as having been quite outside the scope of the Bill.
I went to see the Clerk of the Parliaments when I was withdrawing my amendment, which talked about preparing for no deal if we wanted a good deal, because I thought it completely irrelevant to the Bill. The Clerk of the Parliaments assured me that everything was completely in order and the amendments were quite acceptable; indeed, he said that they would have been totally acceptable in the other place as well. I then talked to a right honourable friend of mine in the other place who has watched the progress of the Bill in the House of Commons. He said that Conservative rebels had tried to table an amendment basically mandating us to remain in a customs union. This was judged in the House of Commons to be outside the scope of the Long Title and ruled out of order. Now my noble friend Lord Framlingham, who has experience of being a Deputy Speaker in the other place, tells me that many of the amendments that we have passed here would never be allowed in the other place.
This raises a serious question: are we as an appointed House going to have greater powers to put down amendments than the democratically elected House down the way? How comfortable are we in that position, when we have no democratic legitimacy whatever?
My right honourable friend Dominic Grieve at least has constituents whom he must go to and he may even stand at the next general election, but I do not have to remind the House that we have no constituents and probably will not stand at any general election ever again. The rebels in your Lordships’ House are therefore in a completely different position from those in the other place.
I have to say that support for our appointed House is drifting away. We are losing friends and gaining no new ones. One might reckon that my honourable friend Jacob Rees-Mogg would support an appointed House. Even he gave the warning the other day that we were playing with fire, so I do not think that we can rely on his support either.
When we beat off attempts during the coalition Government to reform your Lordships’ House, the person who really came to our aid was one Jesse Norman. We owe him a great debt of gratitude that we exist in an appointed House today. Jesse Norman was very courageous and sacrificed several years of his ministerial career as a result of taking such a courageous stand. He is now a Minister and I am glad that he is there, so we cannot count on him to rally right-wing Tory MPs and to save us next time round.
I am afraid that we have done enormous damage to our reputation in the country generally. Everybody says, “Oh, there’s nothing to worry about”. I have been in this House for 12 years now. I have never known a petition going down asking for the abolition of your Lordships’ House, but my noble friend Lord Robathan yesterday told me that the number of names on it was 163,000 and rising. We are being rather complacent if we think that we can carry on in this extraordinarily arrogant way telling people of this country who voted to leave the EU that they got it all wrong and that somehow we must come out with a solution that keeps us half in the EU and deny the people the vote they have made.
My Lords, I feel provoked to respond, because my noble friend Lord Hamilton of Epsom was kind enough to refer to the Campaign for an Effective Second Chamber, of which he was indeed a valued member and which my noble friend Lord Norton and I founded some 16 years ago. However, after that, I part company with my noble friend. He has read it completely wrong. By implication, he criticises the Clerk of the Parliaments and the advice given to your Lordships on tabling amendments. But what do Members do? They take advice and according to the procedures of this House, advice is given. I speak as one who was a Chairman of Committees for 15 years in the other place. It is not precisely the same advice as would be given in another House but we have behaved entirely according to the rules. One of the fundamental precepts of, and our whole purpose in, the Campaign for an Effective Second Chamber—the members of this group are drawn from all parts of your Lordships’ House, including a number of prominent Members on the Liberal Democrat Benches—is to fight for an effective second Chamber while always acknowledging the primacy of the other place.