European Union (Withdrawal) Bill

Lord Cormack Excerpts

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

[Baroness Butler-Sloss (CB)]

My Lords, I make two short suggestions. One is that all the words that we have heard today should be treated exactly the same. The second is that Parliament should deal with all of them.

[Lord Cormack (Con)]

My Lords, my noble friend Lord Deben, in his scintillating speech, referred to the power of arbitrary monarchs. I do not need to remind him—or anyone else in your Lordships’ House—that 369 years ago something happened to a monarch who had sought to exert those powers absolutely. The ultimate end of ship money was outside Banqueting House in Whitehall on 30 January 1649. I do not want to make too many historical diversions, but I was grateful to the noble Lord, Lord Tyler, whom we missed last week when we really began these debates on Wednesday, for referring to what I had sought to say then. This is the specific consequence of the generality that we abhorred last week—giving to Ministers, effectively, arbitrary power.

--- Later in debate ---

[Lord Forsyth of Drumlean]

My noble friend mentioned VAT. Is that not an example of where Parliament no longer has the power to reduce the rate of VAT below 5% because we have given that to the European Union? Is not our leaving the European Union an example of restoring the authority of Parliament to impose taxes?

[Lord Cormack]

Our leaving the European Union is an exceptionally unfortunate measure that will do great damage to this country, in my opinion. But the answer to my noble friend’s specific question is that it was enacted by Parliament—a Parliament of which he was not a Member but of which my noble friend Lord Deben and I were—and that, knowing the consequences, we voted for it because we believed that it was in the general interest of our country. We were behaving as Members of the House of Commons should behave. It was properly debated, thoroughly approved and it came on to the statute books as other things have done.

I go back to what I was saying when my noble friend interrupted me. We have a duty to protect and to urge the other place not to abdicate the central power of an elected House—to deal with taxation. I hope that when my noble friend replies we will have a slightly more satisfactory and understanding reply than we had last Wednesday. I hope, too, that he will ensure, if not today, that we have a glossary of all these terms, including charges, fees, taxes, contributions and levies. At the end of the day they all mean something very similar: imposing an obligation to pay. People should never fall under that obligation unless it is imposed by their representatives in Parliament. We have a duty, as the second Chamber—the unelected Chamber—to say to our colleagues at the other end of the Corridor, “Please do not abdicate; please flex your muscles; please do not give to Ministers—the 109 whom we talked about the other night—or to other bodies or authority a power that is only rightly yours”.

[Lord Judge]

My Lords, my name is to Amendment 126. I do not want to say very much. I can think of another word to add to that great list and I could give my view of the history of how taxation became the weapon for democracy, ultimately. Taxation is the ultimate control that the Commons has over the Executive. Just reflect on the set-to in the United States of America a few weeks ago: Senate and President at odds over money. These issues must be resolved at parliamentary level and House of Commons level—not by regulation.

--- Later in debate ---

[Lord Carlile of Berriew]

My Lords, I want to add one short point to what has been said about sentences of imprisonment. It is likely that if the Government think it necessary to introduce new criminal offences, they are not going to be offences of assault or anything of that kind, but offences that relate to the conduct of business between the United Kingdom and the European Union. What we are talking about here are possibly mainly regulatory offences, for which sentences of imprisonment may not be necessary at all. However, such offences may affect severely the conduct of companies and the relationships between them, the conduct of local authorities and so on. Therefore, I ask that included in the scrutiny that the Minister has very helpfully promised is a slightly more sophisticated test that bears in mind the effect of potential new offences on the business community and the economy.

[Lord Cormack]

My Lords, I support what the noble Lord, Lord Carlile, has just said and ever so slightly disagree with my noble friend Lord Hailsham. Whatever the nature of the offence, it is wrong that it should be created in this way. I agree with the noble Lord, Lord Carlile, that custodial sentences are highly unlikely, but that is not the point. To create any sort of offence in this way is fundamentally wrong and we should not have anything to do with it.

[Lord Marks of Henley-on-Thames (LD)]

My Lords, I agree with what the noble Lord, Lord Cormack, has just said. As the noble and learned Lord, Lord Judge, the noble Viscount, Lord Hailsham, and my noble friend Lord McNally explained, the Bill as drafted would permit Ministers, when they consider it “appropriate”—a point made by the noble Viscount and a word discussed at length last Wednesday—to create by regulations new criminal offences carrying up to two years’ imprisonment for wide and diffuse purposes. As discussed last week, regulations could also be used to make any provision that could be made by Act of Parliament. The Henry VIII powers are as all-embracing as could be imagined. This is all the more shocking in the context of the creation of new criminal offences. These may concern individual liberty, certainly; reputation, always; and the conduct of business, as the noble Lord, Lord Carlile, has pointed out.

The report of the Delegated Powers and Regulatory Reform Committee—on which I sat for a number of years—described the powers as “wider than we have ever seen”. It described Clause 7 as notable for its width, novelty and uncertainty, and the same can be said of all three of the clauses in question. The principle is simple: it is in general not acceptable for the Government to have the power to create new criminal offences by regulation without an Act of Parliament. That principle was treated as cardinal when I was on the Delegated Powers Committee.

In 2014 the committee produced a document headed Guidance for Departments, directed principally at memorandums for the departments. However, on the question of criminal offences it was considered so out of order that new criminal offences would be created by regulation that the guidance did not even address that possibility. The committee said:

“Where a Bill creates a criminal offence with provision for the penalty to be set by delegated legislation”—


that is, the Bill creates the offence—

“the committee would expect, save in exceptional circumstances, a maximum penalty on conviction to be included on the face of the bill. Therefore, where this is not the case, the memorandum should explain why not, and at the very least the Committee would expect the instrument to be subject to affirmative procedure. Similarly, where the ingredients of a criminal offence are to be set by delegated legislation, the Committee would expect a compelling justification”.

However, this Bill potentially permits the creation of a new range of criminal offences. Both the Bill and the Explanatory Notes are silent about everything to do with such offences as might be created except for the broad statement of their purpose in the three clauses, in the most general terms, and with no indication of what offences are envisaged, except that the maximum penalty must not exceed two years imprisonment—which, as the noble Viscount, Lord Hailsham, pointed out, is a not insubstantial period.

The basic principle was enshrined in Article 39 of Magna Carta: that no one should be imprisoned or stripped of his rights or possessions or deprived of his standing in any way except by the lawful judgment of his equals or by the law of the land. These are constitutional principles as old as this Parliament, and we should be very careful in dealing with the issue of allowing the right of Parliament to insist on a say over criminal offences being created by the diktat of Ministers.

European Union (Withdrawal) Bill

Lord Cormack Excerpts

Wednesday 7th March 2018 Lords Chamber

[Lord Cormack (Con)]

My Lords, I wish to make two very brief points. First, I want to endorse entirely what my noble friend Lord Renfrew said. The points he made on the archaeological issues are of very great importance indeed, and it is crucial—I speak as a fellow of the Society of Antiquaries and a former vice-president of that body—that these points are taken into account.

My other point, in a slightly lighter vein—but still with serious intent—is to support my noble friend Lord Deben, who made a splendid speech. As he made it, I could not help but remember an Adjournment debate in the other place, over 30 years ago, when the late, great Reggie Bennett mentioned the problems that he had enjoying his favourite sport of swimming off the south coast. He said, “Mr Speaker, there are very few beaches onto which I can now go and swim. All I can do is go through the motions”. That just brings home, in a very simple but important way, that we owe a lot to directives that have come from Europe and been brought into our laws. My noble friend Lord Deben referred to that in his speech; he played a very important part in that regard. It is easy to bash directives—we have all done it; I have done it—but collectively, we owe a great deal to what has come out of Europe on the environment, and been sustained and endorsed in this country.

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

My Lords, the issue of environmental protection was widely debated during the Bill’s passage through the other place. Of course, it has now been widely debated, with great ability, by many noble Lords here. We have already had a thorough debate on the important topic of animal sentience and I am grateful to noble Lords for their amendments on that issue and on the wider issue of maintenance of EU environmental principles.

Although I welcome the sentiments behind these amendments—Amendments 66 and 108, in the name of the noble Baroness, Lady Jones; Amendments 112 and 113, in the name of the noble Lord, Lord Krebs; Amendment 67, in the name of the noble Lord, Lord Judd; and those in the names of the noble Lords, Lord Adonis and Lord Wigley, and the noble Baroness, Lady Miller of Chilthorne Domer—I believe them to be ultimately unnecessary, for reasons I will now set out.

As my noble friend Lady Byford indicated, on 11 January, the Prime Minister launched the 25-year environment plan. That sets out our determination to leave our environment in a better state than how we found it and outlines steps to achieve this. Launching the plan, the Prime Minister stated:

“Let me be very clear. Brexit will not mean a lowering of environmental standards”.


Of course, we are committed to internationally recognised environmental principles, as set out in the Rio Declaration on Environment and Development in 1992, known as the Rio principles. This declaration includes the ideas behind a number of the environmental principles listed in Amendment 66, including sustainable development, the precautionary principle, the polluter pays principle and access to environmental information. These, as well as other principles, are also features of multilateral environmental agreements to which the UK is a party. For example, the OSPAR Convention—the Convention for the Protection of the Marine Environment of the North-East Atlantic—and the Gothenburg Protocol on air pollution both apply the precautionary principle.

Although these principles are already central to government environmental policy, they are not set out in one place. That is why the Secretary of State for Environment, Food and Rural Affairs announced on 12 November our intention to create a new comprehensive policy statement setting out our environmental principles. The new policy statement will draw on current EU and international principles and will underpin all our future policy-making. The Secretary of State for Environment, Food and Rural Affairs also announced on 12 November our intention to consult on a new, independent and statutory body to advise and challenge government, and potentially other public bodies, on environmental legislation, stepping in when needed to hold these bodies to account and to be a champion for the environment.

In reply to the noble Lord, Lord Krebs, my noble friends Lady Byford and Lord Caithness and other noble Lords, this year we will consult widely on the details of the announcement from the Secretary of State for the Environment—I apologise to noble Lords that I cannot be more specific about a date at the moment. That consultation will explore the precise functions, the remit and powers of the new environmental body, and the nature, scope and content of the new statement on environmental principles. This will be the start of a detailed conversation with stakeholders. There are many stakeholders in this area and it is important to gather their views before coming to any decisions, which is why I cannot be more definitive at this stage on timescales.

European Union (Withdrawal) Bill

Lord Cormack Excerpts

Committee: 5th sitting (Hansard - continued): House of Lords
Wednesday 7th March 2018 Lords Chamber

[Lord Wilson of Dinton]

The noble Viscount reinforces the point which I am trying to make. The Explanatory Notes explain that the power also extends to,

“altering Acts of Parliament where appropriate”.

We are talking about the power to make law and to amend existing law. This is the dream of tyrants through the ages. It is something which is repugnant to the history of this country and the development of our legal system. My argument to the Committee is that the House should lean as hard against it as it can, provided that does not get in the way of achieving the desired result of a functioning legal system. We should not leave leeway which allows Ministers to do things which would be policy changes. I am uneasy about the danger that policy changes could come through the use of the power.

When you try to marry 40 years of legislation with British law, there will be endless choices to be made: you could go this way; you could go that way. Policy is tied up in the interstices of quite small decisions about how the laws should be married together. We should lean against anything which encourages policy change and we should focus the Minister’s power exclusively on achieving a functioning legal system, without going wider. If the law as it emerges needs to be improved, it should be improved by separate legislation that goes through proper processes. We should give only the power that is strictly necessary from the point of view of the objects of this legislation.

Another point I draw to the Committee’s attention is the number of people who will be able to make and amend law. I am not a lawyer—I was 50 years ago, but I am not now—but if I read the Bill correctly, it gives the power to a Minister of the Crown, as defined in the Ministers of the Crown Act 1975. Section 8 of the Act says that a Minister of the Crown is anyone who holds,

“office in Her Majesty’s Government”.

I have not checked this, but my memory is—it used to be imprinted on me when I was working in the Civil Service—that you can have up to 109 Ministers in the Government, so 109 people are being authorised to make or to amend law. In addition, the Commissioners of Customs and Excise will be given the power to make law and amend law, subject to the restrictions. That is another seven people—a Permanent Secretary and a number of directors-general—being given this power which tyrants dream of.

In addition, I draw the Committee’s attention to where the Explanatory Notes say that the power could include,

“sub-delegating the power to a public authority where they are best placed to deal with the deficiencies”.

So we are talking about giving public authorities the power to make law without going through parliamentary processes and to amend law. What is a public authority? According to Section 14, “public authority” is defined by Section 6 of the Human Rights Act 1998. If you read that Section 6, which I will give in its entirety, it says in subsection (3) that,

“‘public authority’ includes … a court or tribunal”.

I ask the Minister: are we seriously proposing to give the power to make law to a court? This is constitutional territory which is completely novel. Paragraph (b) in that subsection says that “public authority” includes,

“any person certain of whose functions are functions of a public nature”.

The proposal before this Committee is that the power to make and amend law within the conditions set out in the clause could be capable of being given to any person certain of whose functions are of a public nature, which in essence is any public servant. I put it to the Committee: is this necessary or reasonable?

[Lord Cormack (Con)]

Without reference to Parliament.

[Lord Wilson of Dinton]

Is this reasonable without reference to Parliament, or to the lightest sifting procedure where any recommendations can be made?

I ask the Minister whether he has an estimate of how many people may be given the power to amend law and make law. I would be interested just to know the number. If you have so many people, possibly hundreds, given the power, you should restrict it as much as you possibly can, so far as is consistent with the objects of the Bill.

Why do I think that the phrase “the Minister considers appropriate” is inadequate? First of all, “appropriate” is a word which should be avoided as much as it possibly can. In my last jobs in the Civil Service, I was sometimes faced with proposals that the Minister should be able to do something “when appropriate”. I always reached for my red pen and struck it out.

--- Later in debate ---

[Lord Beith (LD)]

My Lords, from this side of the Committee I shall speak to Amendment 244A, in my name, which comes from the Constitution Committee and was mentioned by the noble Lord, Lord Wilson, in his opening remarks. The amendment’s purpose is to provide a more objective test and a requirement for Ministers to state that they have applied an objective test. Should they have failed to do so, they become accountable for not having done so. That is the value of it. It is in no way exclusive of the series of amendments in the remainder of the group, almost all of which replace “appropriate” with “necessary”. I will come to that in a moment. I want to appreciate the words a few moments ago from the noble Lord who is the former—and much respected—chairman of the Constitution Committee. His contribution is one that Ministers really ought to note.

We are dealing with wording in this legislation that worries us enough in this context. However, noble Lords should be in no doubt that, if this wording remains in this legislation, subsequent debates will take place around the idea that, “It was included in the withdrawal Bill and there were some very serious issues raised in that, so it must be acceptable” and that it must be reasonable to use such a shallow test of appropriateness for very far-reaching statutory instrument powers. Numerous other Bills will come before us in the course of this Parliament which have statutory instrument powers in them, and this and future Governments will draw on the precedent of how this legislation is worded.

As to the distinction between “appropriate” and “necessary”, the suggestion I have heard that Ministers do not realise they are open to legal challenge is, I think, quite wrong. Ministers are well aware that they might be open to legal challenge, and that is why they prefer “appropriate” to “necessary”. It gives them a “plump legal cushion”—that wonderful expression of the noble Lord, Lord Wilson—behind which they can hide. It is just not good enough; we have to find better wording. If Ministers are unhappy with necessity, they must come up with something more effective. We find the word “appropriate” used in many contexts. It conjures to mind the sort of instructions for a day out that say “Appropriate footwear should be worn”. That clearly indicates to the person who has to make the decision that they have a fair degree of discretion—it could mean hiking boots or other firm-soled shoes, as long as it is not stilettos or ballet pumps. They have a choice. Ministers are desperately trying to preserve choice for when they bring forward statutory instruments under this legislation.

The problems of the statutory instruments are not confined to Henry VIII provisions, as the noble Viscount, Lord Hailsham, pointed out. There is the inability to amend any of these statutory instruments, whether they are Henry VIII in their impact or whether they impact merely on previous statutory instruments. The inability to amend them grossly weakens Parliament’s ability to deal with matters that would normally be in primary legislation.

I am not only sympathetic to the amendment that the committee itself has put forward, which has my name on it, or something like it, but I am also very supportive of the attempt to find a better word than “appropriate”. So far, at any rate, necessity seems the right provision.

[Lord Cormack]

My Lords, I have added my name to a number of amendments that delete “appropriate” and insert “necessary”. They are all in this group. I do not claim any particular merit for that amendment: the noble and learned Lord, Lord Goldsmith, is, I believe, the lead name on this amendment. The fact is, we have one thing in common. Whether is it “essential”, as my noble friend Lord Hailsham will doubtless seek to persuade us in a few minutes, whether it is “necessary”, used in the context described by the noble Lord, Lord Wilson, when he moved his amendment so admirably, or whether it is a bare “necessary”, I do not mind. I frankly have a slight preference for the wording of the noble Lord, Lord Wilson.

We are in a very sad place when, having been told that we were taking back control, what we are doing is bestowing control. Parliament is bestowing control—if this goes through—on the Executive. I have quoted before in your Lordships’ House the famous Motion moved in 1781, I believe, in another place by Colonel Dunning: “The power of the Crown has increased, is increasing and ought to be diminished”. Substitute “Executive” for “Crown” and that is what this is all about. I also think of the immortal words of my friend the late father of my noble friend Lord Hailsham, who talked about an “elected dictatorship”.

Are we really seeking to leave the European Union—which I believe is a foolish step—to bestow on the Government the power which Parliament should take? That is the fundamental question. We should not bestow the power on or allow any Minister—whether he or she be ever so high or ever so low, whether he or she be at the top of the 109 or at the bottom, it matters not—to change the law of the land, and then indeed extend it, as the noble Lord, Lord Wilson, pointed out in his admirable speech, to public bodies and to the courts. We live in a parliamentary democracy. Your Lordships’ House rightly has much less power than the elected House, but we can act as a check and a balance and as an encourager to those in another place. These are probing amendments tonight, of course, but I am confident that this will come to a vote on Report, and we should say to our colleagues in another place, “Do not give up the power which you exercise as representatives, not delegates, of your constituents, because if you do that, it will be a real nail in the coffin of democracy”.

I personally believe that a referendum is inimical to representative democracy. But, as we have said before, we are where we are. We are moving away from the European Union, but we must move away as a parliamentary democracy, where power ultimately resides not in No. 10 Downing Street, the Treasury, or in any ministerial office but in the Chamber at the other end of the Corridor. Your Lordships’ House has a particularly important role in stiffening the sinews of those at the other end of the Corridor. There is an enormous wealth of experience in your Lordships’ House, which was demonstrated by the noble Lord, Lord Wilson, this evening, and which would have been demonstrated, I am sure, with equal eloquence by the noble Lord, Lord Lisvane, had he been able to be with us. We in a sense must see ourselves as the servants of democracy, but with a duty to put some real strength in the directly elected House.

I hope that we will have a response from the Minister this evening that will indicate that he understands what this is about. He, of course, is one of the 109. He may be low down on the list, but he is there. Whether he is 109, 108 or 73, I know not and I care not—but he is there. I hope that at the very least he will repudiate any notion of exercising power that it is not for him to exercise. We have to address this issue, whether we think in terms of Henry VIII or Thomas Cromwell or Oliver Cromwell, all three of whom would have looked upon this as a marvellous mandate. We have a duty. Tonight we are probing, but there will come a night when we must vote if the response is not as it should be this evening.

[The Lord Bishop of Leeds]

My Lords, I add my voice to those who are expressing caution. I sympathise with Ministers. Somehow a balance has to be struck between the technical freedom and flexibility to deal with matters as they arise—that is a legitimate concern—and the constitutional questions that have been raised this evening. The words matter. The word “significant” is one of my pet hates, where people use it because they do not want to find a more precise word. You always want to ask, “Significant of what?” They probably mean, “It’s important” or “It matters to me”.

“Appropriate” is another one. It is a word that creates space when we do not want to be precise—but when you are dealing with matters of law you need precision. It seems to me that the very simple mechanism of changing “appropriate” to “necessary”, with some criteria by which it could be deemed to be necessary or unnecessary, offers the sort of balance that the Committee is looking for.

--- Later in debate ---

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

My Lords, I thank noble Lords very much for what has been an excellent debate. I use the word “debate” but only one point of view has been expressed and I have heard the message from all sides. However, I shall address the issues under consideration.

I say, first, to my noble friend Lord Cormack that he has put an intriguing thought into my mind. I will speak to my officials first thing tomorrow morning to find out where I, as a Minister of State, come in this list of 109—I suspect more towards the bottom than the top but we will find out.

The noble Lord, Lord Wilson, asked me about the number of people who will be able to exercise this power without parliamentary scrutiny—a question that I suspect is almost impossible to answer. I think that the main issue is not the number of people but the number of limitations on the exercise of that power. The power is time limited and clearly limited in what it can be used for. It may only prevent, remedy or mitigate deficiencies in EU law, and of course secondary legislation is subject to well-established parliamentary procedures. Where legislative powers are sub-delegated to public authorities, this will always be subject to the affirmative procedure.

I am pleased to have the opportunity to revisit what is clearly a very important issue in the context of the Bill. The Government will place some additional draft examples of statutory instruments or parts thereof in the Library of the House. That is something that a number of noble Lords have asked for in meetings that I have had with them, so I will ensure that that happens—most likely tomorrow.

I have listened with interest to the many contributions today, and to the extensive contributions of the Constitution Committee, which I had the pleasure of speaking to this morning along with my colleague in the other place, the Solicitor-General. I have read the reports of that committee and of the Delegated Powers and Regulatory Reform Committee, which have very much helped to frame our thoughts on this issue.

As a number of noble Lords have said, both those reports go into great detail on the scope of the delegated powers. As many noble Lords will also be aware, they come out with quite different recommendations. As I said at Second Reading, we are approaching this matter in a spirit of collaboration. The Government are looking very closely at how the powers in the Bill are drawn and how they will be exercised, particularly in the light of the committee recommendations and developments in other pieces of legislation.

As the Constitution Committee notes, comparable arguments were made during the passage of the sanctions Bill through this House and a mutually agreeable position was found in that instance. That has clearly informed the committee’s recommendation and we are receptive to the arguments made in its report. I am confident that a mutually agreeable position will be found.

As I will explain in a moment, the Government do not see the DPRRC’s recommendation as workable. However, we would very much like to talk to noble Lords following the debate, with an eye to coming back to this issue on Report.

As noble Lords will appreciate, the situation that this Bill responds to is, quite simply, unprecedented. A vast amount of EU law is being transferred to our statute book, including thousands of EU regulations. As such, the programme of secondary legislation to ensure that this law operates effectively must match that. In the face of such a task, it has always been clear that the Government will need relatively broad delegated powers to deliver a functioning statute book. Indeed, the Constitution Committee outlined in its interim report that “relatively wide” delegated powers were inevitable.

I understand that there are noble Lords who have had concerns about delegated powers for some time, and the Government are keen to continue listening to suggestions in order to improve those areas of the Bill. That listening process started during this Bill’s passage through the other place, where a number of changes were introduced to reduce the scope and increase the parliamentary scrutiny of the delegated powers. However, we cannot significantly restrict the scope of these powers, which, it is acknowledged, need to be broad.

Let me deal directly with the concerns raised by the noble Lord, Lord Wilson. Much of the concern about the delegated powers focuses on the use of “appropriate” to describe the discretion afforded to Ministers when making regulations to correct deficiencies. In case there is some misunderstanding here, let me be clear: “appropriate” in Clause 7 does not give Ministers unrestricted discretion to correct anything that they may wish or like. Corrections must not be appropriate per se; they must be appropriate to correct the particular deficiency they are addressing. The threshold for ministerial decisions is set firmly within the context of those purposes.

I appreciate that there is a degree of subjectivity to these tests—but that is true of almost all tests, and it is important to acknowledge that there are limitations on the power. Parliament polices the Government’s interpretation of its vires to act through the mechanism of the Joint Committee on Statutory Instruments, which I have no doubt will take a keen interest in instruments under this Bill; and ultimately, as a number of noble Lords have pointed out, these tests are litigable in the courts. So we cannot responsibly remove “appropriate” from the Bill.

I will now delve into the detail of the various different permutations of amendments seeking to restrict the scope of the delegated powers. The first amendments I would like to discuss are Amendments 201, 243 and 245, tabled by the noble Lord, Lord Bassam, which attempt to ensure that Ministers have considered that exercises of the main powers are made for good reasons and are reasonable courses of action. These match the Constitution Committee’s recommendation, and a smaller group were added to the Sanctions and Anti-Money Laundering Bill.

Amendments 74, 117 and 139, tabled by my noble friend Lord Hailsham, seek to write into the Bill that Ministers’ consideration of the appropriateness of any exercise of the delegated powers must be made on reasonable grounds. This is the right type of approach in not altering the fundamental scope of the powers.

[Lord Cormack]

Is my noble friend saying that he has made his mind up—or the Government have made their collective mind up—on retaining “appropriate”?

[Lord Callanan]

If my noble friend will forgive me, I will discuss that in a second.

Ministers make their decisions on secondary legislation based on reasonable grounds in the normal course of events. The use of these powers will be subject to the usual public law principles designed to ensure that the Executive act reasonably, in good faith and for proper purposes. I accept, however, that noble Lords have principled and legitimate concerns and we will ensure that these are addressed and that the reasonableness of a Minister’s courses of action is made clearer. Given the views expressed today, I would like to engage in further discussions with noble Lords with a view to returning to this issue on Report.

Amendments 71, 72, 76, 77, 78, 79, 116, 118, 140, 229, 253, 254, 257, 258, 264, 265, 276, 277, 290 and 291, which were tabled by noble Lords including the noble Lord, Lord Lisvane—to whom I spoke yesterday and I understand why he is not in his place today—the noble Lord, Lord Foulkes and the noble Viscount, Lord Hailsham, seek to exchange “appropriate” for “necessary”, about which we have had a great deal of debate, in the main powers and schedules in which it can be found. I understand noble Lords’ concerns but, as I have stated, this would have a serious impact on our vital programme of secondary legislation to prepare our statute book for exit day. “Necessary” is a high bar to meet. The courts have said that the nearest paraphrase for “necessary” is “really needed”, but such a test would be too constrictive.

--- Later in debate ---

[Lord Callanan]

I think I have made my position clear on that but, nevertheless, I also said that we are listening and endeavouring to satisfy the concerns of noble Lords.

Amendments 73, 119 and 141 tabled by the noble Viscount, Lord Hailsham, and also spoken to by my noble friend Lord Lang, meanwhile used “essential” rather than “appropriate” to limit the discretion of Ministers in exercising the delegated powers. This really is very similar to the amendments which propose the use of “necessary”. I think that a court would likely interpret the meaning of “necessary” and “essential”—in this context—in much the same way and, therefore, I will not repeat the arguments that I have already made.

[Lord Cormack]

I beg my noble friend to talk to his ministerial colleagues and think again, otherwise the Government will suffer the most massive, crushing defeat when this comes up on Report.

[Lord Callanan]

I said at the start that I am setting out a position, but I have heard the messages that came to me from all sides of the Committee and I very much take on board the point that my noble friend makes. I shall state again that, despite their breadth, these are not powers designed to deliver major policy changes and they can only be read in light of their purpose. For Clause 7(1), that is to “prevent, remedy or mitigate” deficiencies arising from withdrawal.

Amendment 244A, tabled by the noble Baroness, Lady Taylor, the noble Lords, Lord Beith and Lord Dunlop, and the noble and learned Lord, Lord Judge, touches on a point to which I will return to in more detail later, but I will stress now the risks of introducing additional legal uncertainty by creating new and untested definitions to the law. However, I am conscious of the need for transparency in this process and we will look to see how, in line with developments and other legislation, we can ensure that ministerial decision-making about the appropriate exercise of the powers is more transparent to the Committee.

Amendment 75, tabled by my noble friend Lord Hailsham, allows me the opportunity to expand upon the reasons why we are taking the correcting power and to build upon the arguments made in previous days of debate. Areas of our domestic law, such as those relating to EU obligations, will be redundant when we leave the EU. The Bills repealed by Schedule 9 are an example of this. Some noble Lords will consider that having provisions that do nothing on the statute book is not harmful. Indeed, the Easter Act 1928, which was never commenced, continues to sit on the statute book with no effect and causes no harm. My noble friend Lord Hailsham and the noble Lord, Lord Campbell, also argued that there is no legal recourse under the use of powers under Clause 7. That is not strictly correct. If the threshold set out in the Act is overstepped the regulations can be struck down by judicial review.

European Union (Withdrawal) Bill

Lord Cormack Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Monday 26th February 2018 Lords Chamber

[The Earl of Clancarty (CB)]

My Lords, I apologise for not having spoken in the debate at Second Reading, but I was unable to be here on the first day. The amendments I am supporting for the most part try to deal with the obstacles put in the way of ordinary people, both young and old, who are on holiday, working or studying abroad. These include the amendments that seek to protect the European health insurance card scheme and Erasmus+, which is the subject of the next group. I have added my name to Amendment 9, moved by the noble Baroness, Lady Thornton, and I have my own Amendment 205 in this group which seeks specifically to retain the EHIC scheme and to which the noble Lords, Lord Judd and Lord Davies of Stamford, have added their names.

To focus on the holidaymaker’s point of view, I am a great believer in the EHIC scheme. Like millions of others across Europe, I carry the card with me when I go abroad, and I certainly would not travel without it. It has been a help to me personally when I had a combination of a flu-like virus and asthma in Germany. It is also clear from the stories I have heard—ranging from needing stitches after a hotel poolside fall to pulled muscles and broken legs on the ski slopes—how extraordinarily helpful the scheme has been to others, and I have even heard about a case of amnesia. All these are situations where immediate medical attention is required. In those circumstances, the last thing people want to worry about when on holiday or on a business trip is having to book the next flight back to the UK or having to claim immediately on their travel insurance. Apart from the fact that treatment is free and comparable to what one would receive at home, the scheme reduces stress. In the case of a concussion that I was told about, it meant that the person could return to the hospital for monitoring without the worry of paperwork or bills. It also gives peace of mind to the many people who have not needed to use the card but carry it nevertheless—something which cannot be overestimated.

Once you have the card, it is a simple and bureaucracy-free system for the holidaymaker. It does not replace travel insurance, but works well in conjunction with it. I realise that my speech is an unashamed advert for a scheme which saves British people thousands of pounds in bills and reduces the claims and costs of travel insurance. The fear of course is that those costs will rise steeply if we lose the scheme. A replacement scheme or schemes might do all this, perhaps through agreements with individual countries, but presently the one card covers all the single market countries, the 31 EEA countries and Switzerland. Clearly, it would not be in our interests to adopt a scheme that is less comprehensive geographically, and retaining the scheme would be the easiest and most convenient option. If we stay in the single market in some form, there should be no problem.

It is worth noting that citizenship itself is not an aspect of the EHIC scheme; rather, it is based on country of legal residence so that British people living in France or Spain, for example, can apply for a card through their health services. It should not be forgotten that the scheme works for the benefit of British people living abroad as well as those from other countries living here. It is a properly co-operative system—a two-way street.

Accusations of health tourism always ignore what we as individual citizens get out of the system. A freedom of information question in 2015 revealed that in 2013-14, the treatment of ill British tourists in other countries of the single market cost more than five times that which European visitors cost the NHS. Perhaps the one improvement we can make here in the UK is to become better at recouping the moneys we are entitled to through the use of the scheme, and last year’s Public Accounts Committee report, NHS Treatment for Overseas Patients, stated that the systems for cost recovery appear to be chaotic. Other countries recoup what is owed to them and there is no external reason why we cannot do so as well. But that does not invalidate a scheme that continues to work tremendously well for the benefit of millions of people throughout Europe, including millions of British citizens both here and abroad.

The process of leaving the EU has thrown light on a lot of the concerns of ordinary people that perhaps were taken for granted. The EHIC scheme is one of those areas. No one voted for higher travel insurance costs and no one voted for less healthcare support while they are on holiday. The Government should pledge to retain this scheme.

[Lord Cormack (Con)]

My Lords, no one voted for insecurity. A very strong and powerful case has been made, particularly by the noble Baroness, Lady Finlay of Llandaff. This is a simple issue. Disease is no respecter of persons, boundaries or sovereignty. In chasing this mythical beast of sovereignty we seem to be prepared to lay so many things upon the altar that we need not lay.

It has been said in the course of this brief debate that we have no obligation to opt out of the EMA. My reading would support that. So why does a party that has always prided itself, for as long as I have been a member of it—for the last 60 years—on not being doctrinaire erect a doctrine and then seek every opportunity, regardless of the consequences, to jeopardise what exists and works perfectly well? It is a nonsense. I hope that there will be no vote on this amendment—it is a probing amendment—but I sincerely hope that, if the Government cannot accept the irrefutable logic of what has been said, we will return to it on Report and be well prepared to vote on it.

[Baroness Blackstone (Lab)]

My Lords, I will speak on Amendment 11 and in support of what my noble friend Lady Thornton, the noble Baroness, Lady Finlay of Llandaff, and the noble Lord, Lord Cormack, said. I do so as the former chair of Great Ormond Street Hospital Foundation Trust, which I chaired for more than eight years until last summer. As many noble Lords know, it treats children with rare diseases and very serious illnesses. Much of its ground-breaking and innovative work, which is internationally renowned, is done as a result of, and based on, its research, much of which is carried out in collaboration with colleagues across Europe.

I will illustrate this in three different areas, which I think will bring home to your Lordships just how important it is that we do not abandon or neglect this issue. I will start with childhood cancer. Some 92% of our most important clinical trials for children with cancer in the UK require international collaboration. In 30%, the UK is the lead country, co-ordinating the international collaborative trials. This leadership role would sadly change rapidly if we no longer followed the same regulatory framework for clinical research as the rest of the European Union.

I turn to childhood epilepsies. Children and young people with epilepsies that are resistant to current therapies represent, as a group, at least 137 rare diseases with seizures as a common symptom. Collaborative European multi-centred trials are, I stress, the only way forward in assessing new targeted treatments. There are simply not enough patients in these categories of the many different aspects of epilepsy to do this work in one country alone.

I turn thirdly to children with HIV infection. Trials in paediatric HIV infection over the last 25 years have all been international. The UK works in partnership and collaboration with trial centres throughout Europe, and in particularly close collaboration with Italy, France and Spain. HIV treatment is very fast moving. It is vital that medicines for children do not get left behind. Our important European collaborations, including EU funding of our network, training and capacity building, have ensured the timely availability of drugs for children, not only in Europe but worldwide.

I cannot overstate the concern of the consultants and research specialists involved in this work about the threat posed for them by leaving the European Union. I do not think it an exaggeration to say that, without such work, the lives of very sick children would be sacrificed. I hope we can think again about this.

--- Later in debate ---

[Lord Cormack]

My noble friend is batting on a difficult wicket. We understand that. He has my total personal sympathy for the plight in which he finds himself, but what he has said this afternoon just ain’t good enough. It is important that he takes on board what has been said during this debate, particularly by the noble Baroness, Lady Finlay of Llandaff, and that when we come to this on Report, he has some substantial and detailed specific progress to report to your Lordships’ House.

[Lord Callanan]

I thank my noble friend for his comments. A lot of these matters are still to be negotiated in the next phase. We made substantial progress in the first phase, and we will endeavour to ensure that we make good progress to achieve a good working relationship with the EMA and to guarantee the rights of travellers through a system similar to the European health insurance card for those travelling in future. I hope to be able to provide more information on Report.

--- Later in debate ---

[The Earl of Clancarty]

My Lords, I have added my name to both the amendments in this group. I have tabled Amendment 204, which will be discussed later in Committee, on maintaining rights and opportunities for young people, and Erasmus+ is a part of that amendment.

If we lose our programme membership of Erasmus, it will be a huge blow not just to our young people, which would certainly be bad enough, but to the whole higher education sector, which benefits from the many projects that Erasmus has to offer, including not only the student exchange scheme but staff exchanges and projects involving the institutions themselves. The exchanges also include work placements, which can provide much experience of other work environments for British students. This is of course not just about experience and learning in the narrow sense; it is about the reciprocation of ideas, the effect of cultural exchange, and the knowledge that British students gain of other cultures and of how things are done elsewhere—and indeed vice versa, as there is also an extremely important soft power element in the creation of so many UK alumni across Europe.

Student exchange schemes embody an open-mindedness—even an open-heartedness—which is a far cry from the attitudes taken by some sections of the British press, which are currently crowing about the number of EU nationals leaving our shores.

There are some who say that, instead, we should develop independent arrangements with universities further afield. The fact is that we are developing relationships further afield anyway. For example, my nephew is at Northern Arizona University for a year, where he is studying American history as part of a degree course at Swansea University, with which Northern Arizona has an agreement. In a poll two years ago, 42% of students said that they were interested in travelling to non-Anglophone countries, some outside the EU. It should not be a case of either/or. To close down or risk closing down these wonderful educational opportunities for young people on our own continent would be perverse and a giant step backwards. Nothing in Erasmus says that one thing precludes the other.

The Government guarantee our current membership only up to 2020. There needs to be something much more concrete. Jessica Cole, head of policy at the Russell group said this month:

“We are expecting the European Commission to put forward proposals for the next Erasmus programme later … this year. There is an opportunity now ... for the UK to help shape that programme ... The UK Government needs to be engaged in this important process, especially whilst we still have a seat at the table”.


She goes on to say that,

“it should be a priority for the UK Government to secure continued UK participation from 2021 onwards ... the Prime Minister should indicate whether the UK intends to negotiate participation at the earliest opportunity”.

I ask the Minister: when will this indication be made?

On the wording of the amendments before us, one thing that we need to be careful about is the status of membership. It is possible—probably very likely—that we will retain membership technically, but there is a huge difference in the actions possible between programme membership, which we have presently, and partner membership, where we will be effectively left out in the cold. The phrase “on existing terms” in the amendment of the noble Baroness, Lady Garden, is crucial. We need absolutely to maintain the existing level of participation.

It needs to be said that, if we do leave the single market, we risk losing our programme membership. Witness what happened to Switzerland, which was expelled from the programme membership of Erasmus and from Horizon 2020 following a referendum that allowed a policy which compromised its own free movement deal with the EU. Switzerland has now realised what it was in danger of losing, and has since re-joined Horizon 2020 and is likely to re-join Erasmus+ properly in 2021.

In this and in so many other instances, it is wrong to think only of how the EU is treating us. We have enjoyed access to these programmes through our membership of the EU—at the very least, through being part of the single market. They have been an integral part of the deal, which has always been a two-way street. We should instead be asking ourselves: do we really want to risk losing access to programmes which have been, and still are, so beneficial to our young people, the higher education sector and research development in the UK—and, therefore, to the country as a whole?

[Lord Cormack]

My Lords, it is some 500 years since the great humanist scholar Erasmus came to this country to visit his friend, Thomas More. I always thought it was particularly appropriate that this programme, which has come to dominate today’s debate, was named after that extraordinary European. Whatever our nationality and identity, we are all European.

I should declare an interest, in that I was a visiting parliamentary fellow and have for many years been a senior associate member of St Antony’s College, Oxford. I have therefore seen at first hand how crucial it is that highly intelligent young people from different countries get to know each other. The programme has done untold good for this country, because so many from that particular college have gone back to their countries to occupy high positions in government and the civil service, and sometimes the highest position of all as head of state.

I have raised the Erasmus issue a number of times in your Lordships’ House and I have never been reassured by the answer I have been given from the Front Bench. A guarantee for 17 months is no good at all. As has been said already in this debate, those who are in charge of academic programmes, be they scientific or in the humanities, need to be able to look ahead. I have two granddaughters who are undergraduates—one will graduate this year and the other in two years’ time—and they may just benefit from this, but there is no absolute guarantee. Yet I know that their studies and their outlook on life would be immeasurably enriched by their having the opportunity to travel and to study abroad, in particular to study on our continent of Europe.

It really is important that we continually make the point that we are Europeans. No act of this Parliament or any other can alter that fact, and nor can any referendum result, be it on 23 June 2016 or on 23 June in some other year.

There has been much talk about a deep and rich partnership, and of course we want that, but we have to start now to be specific. One thing we can be specific about is this: here is a magnificent programme from which students and university staff have, over the past 30 years, benefitted enormously.

A couple of weeks ago, I was at a 21st birthday dinner at the University of Lincoln, a university that has risen spectacularly in the tables. It regards its 10% of foreign students as enormously important, and the chance its students have to study abroad as enormously important.

We know that there are countries outside the EU that benefit from Erasmus: so what, in the name of goodness, is holding back the Government from saying, “We are making an unequivocal commitment to continue this”? There is no reason why we cannot; there is every reason why we should. We are in an unfortunate position at the moment, with no clarity, much confusion and contradictory statements being made by different members of the Cabinet. I am told they are at one now, following their outing in Chequers last week, and I hope that is right.

However, we could make things so much better by making a number of pledges and commitments. We are part of this and intend to remain part of it because, if this country is to flourish after Brexit, it will depend, perhaps more than anything else, upon the quality of our education and, particularly, of our university education.

Those who are Brexit orientated should particularly remember that there is no doubt that the vast majority of young people in England, Scotland, Wales and Northern Ireland wanted to remain part of the EU. I deeply regret that we are not going to, but we can hang on to some of the best aspects of it, and this is one.

[Lord Deben (Con)]

My Lords, I declare an interest in that I am chairman of the Committee on Climate Change, which means that I depend considerably on the relationships between universities doing the kind of research that is necessary. I also have a daughter who had an Erasmus scholarship and I therefore care about this issue considerably.

I listened with great care to my noble friend’s response to the previous debate about medical matters. I emerged little the wiser as to where the Government were, intended to be, might be, would have been, thought they could have been, may in the future be if this or that might happen. We cannot go through 10 days or more in Committee—this will go on for some time—in which that will be the answer to every question put forward. There have to be sensible answers to sensible questions. This is a sensible question to which there is only one sensible answer. He is on a strong wicket on this occasion because he does not need to think any harder than deciding that doing both of these things will in no way interfere with the negotiations we have with the European Union. When we come to discuss everything else, it will not make a jot of difference if we have been sensible about these two things because they are clearly issues in which both we and the rest of Europe have a common concern and understanding.

On the research position of our great universities, we would be foolish to imagine that that happens by accident or that it is an eternal verity which will go on forever despite anything we may do. One of the reasons—not the only one—that our universities have been able to maintain and improve their position has been their openness to the rest of Europe, both in terms of the people with whom they work and the universities and institutions with which they can be the lead in so many of the occasions supported by Horizon 2020. The Government need to think carefully about the ease with which we can slip back down that list of leadership if we do not take the right decisions.

The Government must also not be blinded by a fear that anyone who disagrees with anything in this Bill is somehow or other perpetuating an anti-Brexit position. Everyone knows that I am entirely anti-Brexit and shall go on being so; that is absolutely true, but I am talking about something quite different. It is a simple matter concerning our universities and our young people. My daughter was one of the 300,000 people—a huge number—who have enjoyed this experience and she now speaks a little Catalan as a result, which is a useful skill at the moment.

This is a wonderful opportunity for my noble friend because what he could do now is make the Committee feel that the Government are genuinely listening to genuine discussions. I do not want to embarrass anyone, but a number of people in this House are dedicated Brexiteers but on this particular matter they are on our side. That is because it ain’t something about Brexit; it is about the sensible way forward. I therefore ask my noble friend this: why not accept this very sensible amendment? In case he is not apprised of this, let me tell him why he has been told not to do so. The rule is that nothing must change based on the argument that if anything changes, it will all be too late and we will not get it right. This is one thing that can be changed and will make no difference whatsoever to the timetable, so that argument will not wash. However, no doubt it is on his list of responses, but if I have said it, perhaps he will not say it himself.

The second reason that my noble friend will no doubt put forward is that it is all part of the negotiations. “We are working very hard to get closer to the rest of the European Union”. I can tell you how to stay close to the European Union, and that is not to try to leave it. If you are not going to do that, do not tell us that the Government are working hard to get closer when this is a way to do it. Just say, “We want to stay in the Erasmus programme and in Horizon 2020. We will play our full part and we will work with the Union in the way it wants us to. We are not going to be silly enough to say that this is just another item in the long list of things that we are going to discuss with the rest of Europe”.

I say to my noble friend that here is a chance for him to shine. Here is an opportunity for him to show that he has a mind of his own and say the obvious thing, which is yes.

--- Later in debate ---

[Lord Cormack]

I am grateful for that, but if that is the case then why do we not carry on beyond the three years?

[Lord Callanan]

If my noble friend will have some patience, I will come to that in a second. Supporting young people to study, work, volunteer, teach and train abroad, and supporting their schools, youth and sports organisations to build transnational partnerships, helps us to create a new generation of globally mobile, culturally agile people who can succeed in an increasingly global marketplace.

In response to the noble Baroness, Lady Royall, I say that the UK has a strong offer to EU and international students, with four universities in the world’s top 10 and 16 in the top 100. In fact, as the noble Lord, Lord Adonis, pointed out, we received many more students under Erasmus than we sent. Erasmus is an important programme, but it represents only about half the student exchange programmes we have in the UK.

Our young people get first-hand experience of different cultures, helping them to broaden their horizons and their ambitions. Students who have spent time abroad as a part of their degree are much more likely to achieve better degree outcomes, improved starting salaries and stronger employment prospects, as noble Lords have pointed out. This is especially the case for students from disadvantaged or less represented backgrounds.

In response to the noble Earl, Lord Dundee, no decisions have yet been made about post-2020 programme participation as the scope of that programme has not been agreed. We look forward to the Commission’s proposal, which we expect to be published in May. Participation in the successor to the Erasmus+ programme, which we think is valuable, will form part of the negotiations.

The UK fully participated in the mid-term evaluation of the current programme and we reached broadly the same conclusions as the Commission: the programme works well but there is room for improvement and simplification, especially for smaller applicants. UK respondents to the mid-term evaluation made many detailed comments and criticisms, but few suggested that radical change was needed. The proposal for the next programme will be published in May, as I said, and we are currently shaping the debate and looking forward to further discussions with the Commission about that.

We see future co-operation in education programmes as an area of mutual benefit to both the EU and the UK, provided that we can agree a fair ongoing contribution.

European Union (Withdrawal) Bill

Lord Cormack Excerpts

2nd reading (Hansard - continued): House of Lords
Wednesday 31st January 2018 Lords Chamber

[Lord Dykes (CB)]

My Lords, I hope that I will not annoy any Members by deliberately putting myself out of order, particularly with the Treasury Front Bench, but I hope that the unusual incident at Question Time will none the less result in the noble Lord, Lord Bates, reconsidering his decision and remaining on the Front Bench. Apart from his invaluable merits, he is such a rare example of a popular Conservative Minister. Therefore, it is even more important for him to be retained on the Front Bench. I should not have made those remarks and apologise for having done so.

I thank the noble Lord, Lord Storey, very much for placing an emphasis on children—that is the first time that has occurred in this debate—rather than on the 16 and 17 year-olds who we always think about. It is such an important issue for the future of this country.

The issue we are discussing is not just a nightmare, it is the greatest tragedy to have faced our country in the whole post-war period. The Bill itself is yet another detailed reminder of the great tragedy unfolding before our very eyes. Like Ian McEwan, I find it hard to believe that we are not dreaming a nightmare—that it is not happening. But it is happening before our very eyes. While I defer to the huge assemblage of constitutional and procedural experts in our House, who I hope will guide us into safer territory on this truly miserable, but unfortunately necessary, Bill, I have no enthusiasm even for seeing its passage sustained and returned to the Commons, for it is part and parcel of the incompetent and selfish Government we have to endure for at least a bit longer, alas, under our clumsy system, where defiance of wisdom and common sense is now the daily government routine.

Our colleagues in other EU countries cannot believe that this is happening either. They think we have gone mad, and after the PM’s catastrophic blunder with “Brexit means Brexit,” for which she still has to ask forgiveness, the Government have no authority whatsoever for pursuing this insane course of action simply because she is scared to death of Boris Johnson and even—would you believe?—Jacob Rees-Mogg. She might have had a mandate before the last election, but the 8 June 2017 election result killed that stone dead. Above all, the Government’s main sin has been to ignore the needs and wishes of our precious younger generation, all for keeping a reactionary minority in their own parliamentary party in unstable nagging for a new order which is 100 years out of date. What a total, utter shambles.

The PM now goes off to China to avoid scrutiny at a bad time, when sensitive documents have been falsified and concealed, but more and more people in Britain now, at long last, realise that the whole farce is coming to a head in certain, painful inevitability. Meanwhile crushing, pressing domestic problems are ignored: a huge housing crisis, a crisis of poverty and inequality, a crisis of rough sleeping in unprecedented numbers, a crisis in our National Health Service—all ignored by this Prime Minister obsessed with only one subject, Brexit. This will be revealed when the trade part of negotiations resume after the European Council takes place in March.

In my recent PQ on trade deals to the Minister on the Front Bench, I asked if the exercise in total insanity of having to negotiate now up to 70 new agreements with countries which already have agreements with the EU will take place after 19 March. The answer was confirmed: “Yes, that is what will happen”. Indeed, it is not hard to imagine that the talks will eventually just peter out. It is actually possible that that will happen. In his excellent speech yesterday, the noble Lord, Lord Foulkes, reminded us chillingly that 19 months had already elapsed since the PM took over, and that only 13 months remained to the target date.

There is no need at all for the exasperated EU negotiator and his colleagues in the EC and the Council to seek to help us out of a crisis of our own creation, thanks to the handiwork of the most maladroit Prime Minister in the whole of post-war history. Meanwhile, the long-suffering British people are enduring the derision of the rest of the world, with the dodgy exception of the worst President in US history. Eyebrows are still raised here and in the EU about the artificial and pork-barrel opportunism of the immoral agreement, after a £1 billion bribe of taxpayers’ money, to the Northern Ireland DUP, an unsavoury bunch of extreme right-wing Protestant enforcers, led by an equally questionable First Minister.

I live in France as well, and in countries like that with a sensible framework for good governance and a written constitution, such a deal would probably have been deemed out of order by the council of state and maybe even the constitutional court.

[Lord Cormack (Con)]

My Lords—

[Lord Dykes]

I do not really want to give way, if my noble friend will forgive me, because of time. It would be unfair. I am concluding my remarks now. Oh, I give way.

[Lord Cormack]

Well, he is an old friend, but I just want to know where he picked up his very moderate vocabulary.

[Lord Dykes]

It is a circumstance of the urgency and the emergency in this country of this great and unfolding tragedy.

I appeal today, therefore, to the cowed bunch of pro-EU Tory MPs, for whom I have great respect, to find the strength to put country before party and save Britain, especially for the younger generation of our citizens, who are also citizens of the EU under Maastricht. They and others too, who are older, deserve better. They understand, like all the other member states, that individual sovereignty within the Union goes hand in hand with collective sovereignty. They are proud of the collective power that this gives each member state. Even small member states are proud of that combination of national and group sovereignty.

There is still time to reverse this utter madness. The Lords needs today to send out the crucial message of modernity and the future together. I came into politics as a humble helper of Edward Heath, who bravely took us into membership with the critical help of 68 Labour and other MPs. I pray that this time, too, the Labour Party from now on, led by Jeremy Corbyn and others, will rise to the occasion to save Britain when the time comes.

Brexit: European Travel Information and Authorisation System

Lord Cormack Excerpts

Wednesday 17th January 2018 Lords Chamber

[Lord Callanan]

I thank the noble Baroness for her question, but I am slightly surprised that she is coming back to this subject, as we spent about four hours debating it last night. Perhaps it would be helpful to read Hansard. No, we have been very clear that no deal is not an outcome that we want or expect. We are working to get a deal but, as a responsible Government, we have to be prepared for any eventuality. We discussed these issues in great detail last night.

[Lord Cormack (Con)]

My Lords, my noble friend said that the noble Baroness, Lady Ludford, was making assumptions. Indeed she was. What assumptions is he making?

[Lord Callanan]

I thank the noble Lord—my noble friend, I should say—for his very helpful question. We are trying to get a good deal and are not making any assumptions. We are negotiating in good faith with our EU friends and partners, and we are confident of obtaining that deal.

Brexit: Reports to Parliament

Lord Cormack Excerpts

Monday 8th January 2018 Lords Chamber

[Lord Callanan]

As the noble Baroness correctly observed, we have regular discussions with the devolved Administrations; I myself chaired a meeting with the devolved Ministers from Scotland and Wales and officials from the Northern Ireland Office in December, when we discussed ongoing EU business. Separate discussions take place with them on the withdrawal Bill and its implications. Those discussions are detailed, and I am sure that we will want to update the House as soon as we have a conclusion.

[Lord Cormack (Con)]

My Lords, as we begin a new year, which we hope can be slightly more harmonious than the last, is it not important that, while we all recognise that the verdict of the referendum was that we should leave, it was decided by a very narrow majority? It is therefore important that those who were on the winning side demonstrate a degree of understanding and magnanimity, so that we get a proper deal and a real compromise that preserves the stature and economic prosperity of this country.

[Lord Callanan]

My noble friend makes a good point. We want a Brexit that will command the maximum possible level of support across this House and—I am not sure that the two things are related—across the country as well. We will want to involve as many people as possible, and of course we want to try to make that process as harmonious as possible, involving all different shades of political opinion.

Brexit: Equalities Impact Assessment

Lord Cormack Excerpts

Thursday 21st December 2017 Lords Chamber

[Lord Callanan]

As the noble Baroness is aware, we publish a detailed equality analysis for every piece of legislation proposed. We have carefully considered the question of assessing the cumulative impacts of fiscal events on protected groups, and we will continue to do so. People need have no fear that their rights will be diminished.

[Lord Cormack (Con)]

Does my noble friend accept that there is great concern among our young people, on whom success after Brexit depends, about a lessening of opportunities after 2020? We have had mention of Erasmus until then but not beyond. Can my noble friend assure me that this will be at the forefront of his mind as we continue our negotiations?

[Lord Callanan]

My noble friend makes a very good point, but again I believe that those fears are groundless. The Erasmus scheme is very good, but it is one of many student exchange schemes that exist around the world. Lots of exchanges go on and young people benefit from these greatly. We have said that we are committed to the Erasmus scheme and we hope to continue with it.

Brexit: Irish Border

Lord Cormack Excerpts

Tuesday 5th December 2017 Lords Chamber

[Lord Callanan]

I thank the noble Lord for his helpful question. We are trying to reach agreement at the moment. This is an ongoing negotiation. We were always very clear that Monday was the first staging post towards this. I have no doubt that there will be further discussions towards the end of the week. When we have reached agreement, we will come back and report it to the House.

[Lord Cormack (Con)]

My Lords, should we not heed the wise words of the noble Lord, Lord Trimble, but at the same time remember that in the referendum on 23 June last year a significant majority of the people of Northern Ireland voted to remain?

[Lord Callanan]

The referendum was held on a UK-wide basis, and the people of the UK voted by a majority to leave the European Union.

Brexit: Data Transfer

Lord Cormack Excerpts

Thursday 16th November 2017 Lords Chamber

[Lord Callanan]

The noble Lord has a widely expressed opinion on Article 50, but I think he will find that 17.4 million of our fellow citizens also had an opinion.

[Lord Cormack (Con)]

My Lords, before we get into too tetchy an argument, and further to what my noble friend Lord Forsyth said a few moments ago, would my noble friend acknowledge that to state the facts and to question how we are tackling the European negotiations is not to be unpatriotic?

[Lord Callanan]

I am very happy to agree with my noble friend that of course questioning matters of policy, tabling amendments and debating the important legislation that is going through this House and another place is not unpatriotic. It is a duty of parliamentarians.