(7 years, 8 months ago)
Lords ChamberMy Lords, I agree very much with my two noble friends, who have set out very well the purpose of the amendment. I, like them, feel that it is a disaster for our country to leave the European Union in any circumstances, and that the economic costs have not begun to be properly assessed in this country, although as every week goes by we become more aware of some of them. However, I think it is common ground, even with those who think that we should leave the European Union and who voted and campaigned for that, that there are economic costs and even they would accept that those economic costs are very serious.
The economic costs essentially affect manufacturing, particularly areas such as automotive and aerospace where there are a large number of supply chains in the European Union going across countries, with parts and components and so forth going back and forth more or less the whole time. That business will be very severely affected by our leaving the customs union and the single market, particularly where we would have to pay tariffs, as we would do in the case of motor cars, for example. The other area is financial services, which accounts for 10% of the gross national product of this country, as we all know. The City at the moment is the financial capital of the European Union but that is likely to cease if we left the European Union. It is very difficult to imagine how it could continue to be that unless we had some way of remaining in the internal financial market.
The great thing about the EEA is that it is a way of avoiding some, if not all, of the economic costs—there would be a loss of investment in many areas and as time went by there might be threats to our competitiveness as a country, both in services and in some of the manufacturing areas I mentioned. Nevertheless, it would mitigate and very much reduce the economic costs, which everybody is agreed are considerable and serious. Therefore, it seems extraordinary that the Government have not even bothered to consider or negotiate the possibility of our remaining in the single market by virtue of becoming again a member of EFTA or otherwise.
The Government have very reluctantly conceded that there should be some parliamentary process in this procedure of leaving the European Union. They have very reluctantly conceded that they should report to us at least as much as the European Commission does to the European Parliament on the progress of negotiations. They have very reluctantly exposed to us some of their thinking on some of these points, which have been dragged out of them in different ways—and we have to go on doing that.
However, as we begin to get clearer sight of what the Government are doing, it becomes more and more curious because we observe that they are actually breaching some of what one had always thought were the golden rules of negotiation. They are behaving in a way that is clearly irrational. No normal person gives up an option unless he or she gets to the point when they have to. There is no point in giving up an option in advance so why did the Government state in advance they were not interested in becoming a part of EFTA and remaining in the single market on that basis?
Secondly, the Government have said that their priority is to prevent freedom of movement or stop freedom of movement in future so far as this country is concerned. We now hear from Mr Davis that he does not expect any significant reduction in immigration from the rest of the EU or anywhere else for the next few years. In other words, the benefit for which the Government are apparently prepared to pay this enormous economic cost is much less than it was always made out to be. That is very clear.
On the subject of giving away an option in advance, is my memory playing a trick on me in recalling that the noble Lord and others on the remain side during the referendum campaign argued that membership of the EEA would be the worst possible option because we would be bound by all the rules but have no say?
The noble Lord is uncharacteristically inaccurate; he normally does his homework before intervening in this way. He is quite right that I and many on the remain side argued against the EEA being the right solution but he is quite wrong to suggest that any of us argued that it was the worst solution. On the contrary, throughout the campaign I always said while it was a very bad solution, it was the least bad solution of all those on offer. I am on record as saying that and probably said it in debates in which the noble Lord took part. Indeed, that is my strong view today and is the case I now argue.
I wish we could stay in the EU—period, as the Americans say, or full stop—but if we cannot we must try to mitigate the enormous damage. That is the argument I have been making. The way to do that is to try to find a way to stay in the single market, and one way we could certainly do that is to rejoin EFTA, as my noble friend Lord Lea set out. It is extraordinary that the Government have excluded that possibility and I now come to their extraordinary behaviour.
The Government have not only revealed that the benefit for which they are prepared to pay this high cost is nothing like as great as it was always made out to be, but not even considered negotiating on the single market regime provided by the EEA and using that as a basis for trying to get some concessions on freedom of movement. My two noble friends suggested a way forward that might be possible. I do not think that we on this side of the House will be able to take over these negotiations but we want to know—it is important that everybody in the country knows—why the Government did not even think it worthwhile to sit down with our European Union partners and say we would like to stay in the single market but we would also like to curb freedom of movement at least to some extent. We could have a negotiation on that basis.
(8 years, 12 months ago)
Lords ChamberNo, I would not accept that. If the Government are people who genuinely have differences of view as to what is right for the country, then those members of the Government should be free to argue their case. As the noble Lord, Lord Stoddart, said, this is matter for Parliament, not for the Government and not for the Executive. It is for Parliament to decide what is in the best interests of our country. I hope that Parliament, by passing this Bill, will decide that the people should have an opportunity to express their view. That will then be advisory for the Government and I would expect the Government to carry on on the basis of what is suggested.
I shall make one other point. Even if the Government wanted to do it, it would be impossible to report on the relationship with the European Union that the Government envisage in the event of a referendum vote to leave the European Union. We do not even know what the European Union will be like. It is the European Union that is leaving us as it struggles with the disastrous consequences of monetary union. It is the European Union that will have to move towards a more integrated fiscal arrangement if the euro is to survive. The amendment is asking the Government to predict what it will do to maintain the stability of the euro and at the same time to predict what they will do.
In response to my noble friend, I have just thought of another argument. I would like to think that in the referendum campaign the Government will be respectful of the arguments which are put across and the way they are received by the public and that they will acknowledge and respond to these arguments.
I know why the noble Lord, Lord Kerr, has put forward this amendment. Of course it would help his case if the Government had to make these points. I have always thought that he was very even-minded and impartial on all these matters, but now he has left his former position he has turned into a politician, and a campaigning politician at that. I hope that my noble friend will not feel able to accept this amendment in any way.
My Lords, I rise to speak, not that I intended to do so, because although we have been going over the same ground this evening that we have gone over before, and although no doubt many of these points will be debated passionately during the referendum campaign, I had rather hoped that the effect of these debates would be to separate out a bit the wheat from the chaff in the arguments and that those arguments that were found to be obviously unviable would be dropped by the various parties before the referendum campaign started. Therefore we would have a function here of hoping to clarify some of the essential arguments before the public debate begins in earnest.
In that context, I am quite amazed and very disappointed that two grossly invalid arguments continue to be put forward by the Eurosceptic representatives in your Lordships’ House. I thought that we might have seen the end of them. Those two arguments are so irresponsible and illusory that it amazes me that men or women of the world can seriously want to take them any further, even on an electoral platform, where I know the same qualities of intellectual analysis are not always deployed as they are in other contexts in life.
The first argument is the suggestion that this country might simply walk away from an international treaty in breach of that treaty. We have a long tradition going back over centuries of respecting international agreements, and it would be quite extraordinary for us seriously to propose to do that. We all know that Article 50 of the treaty of accession has a precise procedure to be adopted in the event that a member state wishes to withdraw; therefore withdrawal was properly and reasonably discussed at the time we signed that treaty. There was no material non-disclosure of relevant information or anything of that kind. No one was under any illusion. We signed that treaty with open eyes. Now, 40 years later, or whatever it is, suddenly to turn round and say, “We’re tearing it up and walking away”, is extraordinary.
I am amazed that anybody thinks that this country should behave like that. I would have thought that even those who are not influenced by the element of principle in this matter, which seems very obvious, or who cannot estimate or appreciate the diplomatic value—the soft diplomacy and soft power value—of having the reputation we have had until now of being a nation that takes international agreements and international law seriously might at least from sheer cynical pragmatism have realised that the last and worst thing you want to do when you are about to engage in a difficult negotiation with a group of countries, with whom we would be having a difficult negotiation to try to restore some access to the single market with our former partners in the European Union, would be, on the eve of beginning such a complicated, difficult and important negotiation, to tear up a treaty that we had previously had with them.
(9 years ago)
Lords ChamberMy Lords, Amendment 58 is in my name and that of my noble friend Lord Liddle, who apologises that he cannot be present today. Before I address the substance of the amendment, perhaps I may say how much I agree with the noble Lord, Lord Hannay, in his amendment and therefore agree with what the noble Lords, Lord Lamont and Lord Forsyth, said about it—that is an interesting axis of agreement across the Floor of the Chamber which does not often occur.
The noble Lord, Lord Forsyth, asked why we should bring in political parties. I was astonished by that. No one is bringing in political parties; political parties are there; political parties are part of our democracy; political parties are part of every sophisticated democracy in the world. Political parties expect to take part in political campaigns, in elections or in referenda. It would be quite extraordinary if a political party was not interested in a major political campaign.
I am sure that the noble Lord does not mean to misrepresent me. I was not suggesting that political parties should not participate—I defer to his experience of political parties, which is greater than mine—but I was referring to the fact that we should not have to bring in expenses from political parties.
I have an interesting experience of political parties. I have talked for some time about that in the past, but I shall not delay the Committee on that subject today.
I was actually quoting the noble Lord, Lord Lamont, who asked, “Why bring in political parties?”. That was an extraordinary thing to say, because political parties are part of the structure of our system and part of our national life. It is inconceivable to me that you could have a body of men and women—
We could argue this for a very long time but we actually have a consensus. Until this issue arose, there was a general consensus in public life in favour of the 2000 Act. Therefore, it is quite right that we should base ourselves in this campaign on that consensus and on the practice over the last 15 years. With that, I will leave that subject—I will not take any more interventions on anything else—and turn to Amendment 58.
Amendment 58 is very important because it is all about the Government being straight with the public—which I do not think they are planning to be at the moment. They have launched a very complicated negotiation, which many of us have many thoughts about, and they hope that it will result in a deal. If it results in a deal, they intend to call a referendum and to advise the public to vote for that deal. If they do not get the deal, of course none of those things will happen.
I totally understand that while the Government are negotiating they do not want to give a running commentary—that is the Government’s phrase, not mine. I even understand why they are a bit reticent about saying exactly what their aims are in the negotiation. In fact, Eurosceptics will always say that they are not aiming high enough and will always say that whatever they get is not adequate. So they are wasting their time, but I can understand why they have got themselves in this position.
However, I cannot understand any hesitation about the Government’s duty, once they have a deal—if they have a deal—to be absolutely straight with the British public about what that deal is and to make an official, authoritative declaration to the British public of what that deal consists of. We cannot possibly have a situation in which knowledge of the deal comes out through unattributed and deniable press briefings from special advisers and spin doctors and so on. We need a clear government document when the day comes, if that deal arises.
I will not give way for a moment. I will continue and give way later in my remarks. If, as a result of the deal, the Government call a referendum, they should give advice to the British public and the electorate. They owe to the public the duty of their judgment and the duty of declaring the facts. If they do that, it is important that they do that in a public, authoritative document and not by the back-stairs methods or spinning methods that are so beloved of this Government. That is the point of the amendment in my name and that of the noble Lord, Lord Liddle. When we come to the referendum campaign, if the Government recommend, as they did in 1975, a yes vote, they should explain to the British public in an authoritative document why they are making that recommendation and set out what they consider to be the essential facts on which that recommendation is based. At this point, I will give way to the noble Lord.
I am most grateful to the noble Lord and I know how passionately he feels about these matters. But does he feel that his case is so weak that he is arguing that it is necessary to rig the whole thing in favour of his point of view? Looking at Amendment 58, he is suggesting that a statement from the campaign to leave, a statement from the campaign to stay and a statement from the Government, which may be to leave or to stay, should be sent to every household. From the point of view of people receiving this material, it is unbalanced. Why is the noble Lord so concerned about his case that he feels that it is necessary to have an unbalanced position in respect of his own amendment and in his opposition to mine?
For the first time since I debated on these matters with the noble Lord, Lord Forsyth, I am very surprised at the gaps in his historical knowledge, which normally is extremely extensive and accurate, and often brought to bear very effectively in debates in this House. He seems to have forgotten what happened in 1975, which I am old enough to remember. I had my first political campaign; I was part of the City in Europe campaign, and I am very proud of it. I have not rigged or invented anything. In this amendment, I am following precisely the wording we had in the Act which set out the basis for the 1975 referendum and entirely the practice that was followed. I am being the most rigorous constitutionalist. I hope that the noble Lord will approve of that—I think he normally does. I am following precedent and I am suggesting that precedent lays down the basis for fairness, and is always a good basis for credibility and legitimacy in public life. I will give way again, although I cannot go on giving way or I will be trying the patience of the House with the time that I am taking up.
The noble Lord will never try the patience of the House. Perhaps he is a little older than me. I can just remember the 1975 campaign and voting in it. But is he suggesting that during that campaign, every household got a leaflet from a campaign to stay in the European Union, a leaflet from a campaign to leave the European Union and a leaflet from the Government saying that we should stay in the European Economic Community, or the Common Market, as it was then, all at public expense? I do not think that that is what happened at all. But that is what his amendment proposes.
It is very unusual that I am able to answer a quite lengthy intervention from the noble Lord, Lord Forsyth, more than satisfactorily with a single word—yes. That is exactly what happened in 1975, exactly what my amendment calls for and exactly what I think is required on this occasion. I will give way to the noble Lord.
(9 years ago)
Lords ChamberI do not take the noble Lord’s comments at all seriously. We are talking here about a guarantee of £75,000, which has nothing to do with people who are depositing millions of dollars around the world. Where I think he is right is that I can see the case for having a guarantee in a single currency zone. My point is that we are not in the euro, yet we are being told what to do with sterling.
My point is that if we had a free-for-all, it would start off at £75,000, which is roughly the equivalent of €100,000—that is why we have that figure. Some member state might well then be tempted to say “We will offer €150,000”, then somebody else would come back and say, “We will offer €180,000”. Then another would offer €250,000. There becomes a Dutch auction in these matters, which is very much in no one’s interest. This is an example of where the collective interest is much better served if individual member states do not adopt their own rules on this matter. I leave the point there. Although it is very important, I am prepared to continue with it in another context.
(9 years ago)
Lords ChamberI shall tell the Committee a story. I spent two, I think, years of my life going to European Social Affairs Council meetings in order to prevent the European Union and the Commission abusing the rules and defining the working time directive as a health and safety measure rather than an economic measure in order to get it through by qualified majority and undermine our veto. I sat through endless meetings where people read out prose. I knew that in the end we would have to go to the European Court and argue our case and that it would find against us because it is under an obligation to preserve the acquis. The result was that the working time directive was imposed upon us, even though we had joined on the basis that those matters would be decided by unanimity.
At a meeting of Ministers one night after one of those long and tedious sessions, we were having a few drinks, and I decided to take it upon myself to lecture them on the benefits of supply-side reforms. I pointed out that if they went on like this, adding to the costs of labour and to the disadvantage that European countries would have competing in the global economy, the results would be huge levels of youth unemployment and a slowing down of growth in the European Union. I think it was the Dutch Minister—maybe it was one of the others—who turned to me and said, “Ah, but you do not realise. We understand all of this but what you do not realise is that we have proportional representation and have already given people these rights. It is impossible for us to remove them. We want a level playing field, and we do not want you to have a competitive advantage over us”.
The noble Baroness asked whether I think we will get these changes. I hope and pray that the European Union makes these changes for the sake of the large numbers of unemployed young people—50% in the southern European states—and for the sake of what we see in Europe, which is a country that is failing to grow and meet the aspirations of its people. What I see at present—and the Prime Minister has to contend with this—is that we are not leaving the European Union; the European Union is leaving us. Monetary union means, as the noble Lord said—he talked about the inevitable process of moving closer together, except he used different language as he sees the way forward as further integration because of the consequences of the single currency, which the same people who are advocating—
I shall give way in a second. The same people who are telling us now that we need to remain members of the European Union regardless of the terms are the same people who told us that, if we did not join the euro, Frankfurt would become the main centre for financial services in Europe and we would fall behind and become irrelevant. Thank goodness we did not join the euro; otherwise, we would be in the same predicament as France, Spain and Italy and the others. I give way to my former colleague.
I am most grateful to the noble Lord. I am perfectly happy to say my noble friend because he is that outside the Chamber. If the Prime Minister—maybe likely, maybe not—got the concessions that the noble Lord has just set out, would he then vote for us to remain part of the European Union?
I might want to add to the list. Broadly speaking, if we get our country back, are in control of our borders and are able to decide on the regulations that govern business, not only would I vote in support of our continued membership of the European Union but I would say that the European Union has been saved and that the Prime Minister was a magician.
It is not what I think that matters. This is not what we are discussing; we are discussing giving the British people an opportunity to decide for themselves. It is a great disappointment to me that the noble Lord who used to be on our Benches, and who I know is a great democrat, really does not want the British people to have that opportunity and that is a great sadness. I give way to my other Scottish friend.
My Lords, there is no way, either empirically or by reference to theory, in which one can reach what might be an agreed doctrine on the right age at which people should begin to enter into a parliamentary franchise. We could debate the matter all night as to whether it should be 16, 17, 18 or some other age, or why it should be one particular and not another. We would never come to a definitive conclusion.
If we debated what have to be the essential qualities of a law, and especially the essential qualities of a constitutional law or rule, we would come to a definitive conclusion. By definition a constitutional law or rule must have a very wide degree of support. It must have legitimacy. That is the essence of an effective constitution. You cannot have legitimacy if you have a law that is contradictory and incoherent. At present we have a law or set of rules that are utterly incoherent.
It is not possible to find a respectable argument to say to a young Scot, in exactly the sort of case cited in the noble Baroness’s intervention a moment ago, that they had the right to vote in the Scottish referendum on independence and the break-up of the United Kingdom but no right to vote in the referendum on the future of our membership of the European Union. I have yet to hear a respectable argument that could be delivered to such a young person. If somebody on either side of the House has one I would be delighted to give way immediately so that we could hear what that respectable argument is. I simply do not think that it exists.
It is also not a respectable argument to say to a young English person, “The Scots were able to vote in an important referendum but you are not capable of exercising the same degree of choice as a Scottish person of the same age”. That would be a hideous thing to say to anybody. Of course this applies equally in Wales. The noble Lord, Lord Wigley, gave us a good example. Young people in Wales are now being told that they have a right to vote on whether the Welsh Government should have tax-raising powers, but not on whether Wales and the United Kingdom should remain part of the European Union. On what possible basis can one make that distinction? What possible respectable argument could one use in saying that to such a young person, who would quite rightly be challenging that kind of judgment?
At the moment we have complete incoherence, which we should not have because it is deeply damaging to the legitimacy of our constitution. The logic of what I am saying means that we should also change the voting age for Westminster general elections. One thing that we absolutely should not do is keep the present franchise for the referendum on the European Union, cutting out 16 to 18 year-olds throughout the United Kingdom, including Scotland, and then a year or two later change the voting age for Westminster elections. In other words, we should not deliberately close the door on a referendum that, as had rightly been said, affects people for the next 40 or 50 years—this will not affect us in the House in this time, but it will affect those young people—and then say that these people can vote now in Westminster elections after all: we have waited a couple of years but have cut you out of the referendum, which is even more strategically important for the country. That would be an indefensible thing to do.
I will have a go at a respectable argument. Is the answer to the noble Lord’s point about the mess that we are in that we should not proceed with constitutional or franchise reform on a piecemeal basis?
On the point about the difference between a 16 year-old north of the border and south of it, I am sure that the noble Lord has been to a place called Gretna Green. That exists because 16 year-olds south of the border are not allowed to marry without parental consent, whereas in Scotland that consent is not needed. There is a precedent. It is not a particularly good one, but it illustrates what happens when you do not look at the age of majority in a coherent, cross-border manner.
Not for the first time in these European debates, the noble Lord and I, although associated with very different camps, agree on something. We agree on the word “coherence”—a word that the noble Lord used and which I used myself. I totally agree with what he said. One should not legislate in a piecemeal fashion, particularly for constitutional legislation. One should look at the whole. That is precisely why my party proposes a constitutional convention to ensure that we do not go in for piecemeal legislation on the constitution. That is another debate for another day.
I fear that that is the case. The noble Lord and I agree on coherence. The only way to restore coherence now is by the way I have just suggested. The pragmatics—the actual experience of this—are that 16 and 17 year-olds make very mature choices. That has been the lesson of the Scottish referendum. Giving them the vote has encouraged and increased participation rates, and increased intellectual interest in politics and in public life in general among young people. All those things are very desirable. The pragmatics support the theory.
I am most grateful to the noble Lord. It was not our Government who let the genie out of the bottle, but the Scottish nationalists in Scotland. It was this House and the other House that gave the Scottish nationalist Government the power to make piecemeal changes to the franchise. I warned against it at the time. I warned that we would end up with people making piecemeal changes to the franchise, which should be looked at in the context of the overall age of majority.
I am not sure that I do agree with the noble Lord. We agree that it is a mess but the way to sort it out is to look at it across the board on the basis of the age of majority, not to add to the mess by making yet one more piecemeal change regarding voting in this particular referendum. I was responding to his point on what you say to a 16 year-old about how the law is different on different sides of the border. Gretna Green is a long-standing example.
I had not quite finished my remarks. I will do the noble Lord the courtesy of replying to his intervention. We both agree on the need for coherence. I totally agree that we do not want to make another piecemeal change, which is why I suggest that we make a universal change. In my view the Government should take the opportunity to say that they will legislate as soon as possible and bring forward legislation that will enable us to reduce the age of the franchise for Westminster elections—indeed, for all elections in this country.
I will give way in a second but perhaps I may finish what I was saying. I would not have expected to have a say in whether the Irish should remain in the European Union. Indeed, if people like me had had a say and the vote had been narrow, I think that people would have been perfectly justified in arguing that this was a matter for the Irish people and not for citizens of other countries who happened to be resident in Ireland.
I very much look forward to the Minister’s reply because I thought that the noble Lord made a number of powerful points, not least—I could see the expressions on the faces of those on the Opposition Front Bench—in bringing to his support the very distinguished former law officer in the previous Labour Administration. We are not here to sort out the problems of the Commonwealth. I very much share my noble friend’s enthusiasm for the Commonwealth but that does not mean that members of the Commonwealth who are resident in this country should have a vote on matters that concern our internal affairs and our future as the United Kingdom.
It is very amusing to see this division of opinion between the former mandarins in the Foreign Office. I have to say to the noble Lord, Lord Kerr, that his arguments are, unusually, a little weak, whereas I felt that the noble Lord, Lord Green, made a powerful and persuasive case. I suspect that if most ordinary people in this country knew the position, they would find it deeply distressing and worrying. I give way to the noble Lord.
I think that the Committee will have enjoyed the spectacle of the three great Foreign Office mandarins disagreeing among themselves.
I have to say to the noble Lord that I was not stopped in mid-sentence. I had completed my last sentence and sat down, and, in consideration to the Committee at a late hour of the evening, I decided not to get up again. However, since the noble Lord insists, I repeat that the amendment of the noble Lord, Lord Green, would lead this country into a blatant breach of the Belfast agreement. That agreement laid down that all citizens of Northern Ireland had the same civil rights whether they called themselves Irish or British, or whether they were the subjects of one country or the other. The Belfast agreement did not make any provision for British subjects living in the 26 counties of the Republic of Ireland. Maybe it should have done but it did not. The fact is that proceeding with the noble Lord’s amendment would lead us to a breach of a major international agreement, with all the consequences that would flow from that.
The noble Lord has not dealt with the fundamental point, which is that we do not have a vote in Irish referendums. I have an Irish son-in-law, and I will ask him, but I would be very surprised if people on either side of the border in Ireland lie awake at night worrying about whether or not they might have a vote on the decision that Britain has to take as to whether or not it wishes to remain part of the European Union. That is a pretty poor argument, given that we are concerned here with enabling the British people—British citizens—to decide the future of their country in a referendum in a way that is seen to be fair and equitable.
(12 years, 6 months ago)
Lords Chamber