Brexit: Legislating for the United Kingdom’s Withdrawal from the European Union

Lord Dykes Excerpts

Thursday 30th March 2017 Lords Chamber

[Lord Dykes (CB)]

My Lords, the Minister is well known for his engaging sense of perpetual optimism, so can he reassure the House that all the legislation in this vast Bill will be completed by the end of the next parliamentary Session, which presumably will start on 17 May or thereabouts? There will be more or less only a year to make sure that it all goes through. Will he also reassure us that, as the word “instruction” is rather an improper term to use in comparison with “indication”, “judgment” or other softer words, the final vote of the sovereign Parliament, particularly the House of Commons, will be the final decision on this matter?

[Lord Bridges of Headley]

My Lords, the people have said that they wish to leave the European Union and that is what we are doing. As regards the timetable for this Bill, the noble Lord makes a very good point. We obviously have a timetable that reflects the Article 50 process. We fully intend to see this Bill on the statute book as soon as possible so that we can start to use the powers and ensure that our statute book is fit for purpose on the day we leave the European Union.

European Union (Notification of Withdrawal) Bill

Lord Dykes Excerpts

Report stage (Hansard - continued): House of Lords
Tuesday 7th March 2017 Lords Chamber

[Lord Dykes (CB)]

Bearing in mind the emphasis the noble Baroness has quite rightly put on the two Houses coming together, would it really be intrinsically so nerve racking, fearful and awesome for the Commons, for once, to accept a Lords amendment such as this?

[Baroness Hayter of Kentish Town]

The Commons should certainly accept this amendment, albeit I am happy with the tweak to make certain the supremacy of the Commons. The most important thing is to get this amendment in the Bill so that we are absolutely clear about that.

It is so simple. Whatever the outcome of the negotiations with the EU 27, it is with Parliament, not simply with the Government, that authority lies, deal or no deal. I am afraid I did not follow the Minister’s response on this last week in Committee, questioning what would happen if the EU terminates the talks and refuses to extend the negotiations. He asked: what then? It is pretty simple: the Government come back to Parliament.

Stranger still than that is the briefing coming out of No. 10, with advisers arguing that giving legislators the power to veto the final Brexit deal and send the Premier back to the negotiating table would undermine her and limit the possibility of a good deal and, indeed, might even push the EU into giving a bad Brexit deal, incentivising it, it seems,

“in the hope it stops us leaving”.

That was what Downing Street apparently told the Financial Times, and I always believe the Financial Times.

I again remind the House that it was Mrs May who said that the deal would be put to a vote in both Houses, so all this is real nonsense. The only issue is whether it is an undertaking or in the Bill. All we are doing in this amendment is putting her pledge, which I am sure was absolutely sincerely given—I do not question that—in the Bill. It is hardly starting a revolution. It is certainly not upending the referendum, and any such arguments are in bad faith because we are trying to put the Prime Minister’s undertaking in the Bill. We do not want the Government’s hand to be forced by the courts. We want the vote to be clearly in the Bill, ideally with the Government’s blessing, without even the need for us to divide. They need to provide certainty at this stage so that we are not back having this debate in 18 months’ time. The amendment is about authorising Parliament. It is to put wheels on the outcome of the referendum.

European Union (Notification of Withdrawal) Bill

Lord Dykes Excerpts

Report stage (Hansard): House of Lords
Tuesday 7th March 2017 Lords Chamber

[Lord Newby]

My Lords, I am afraid that argument does not do the noble Lord justice. I shall be coming on to the question of the nature of the vote in a moment.

In Committee, the Minister said that a further referendum would jeopardise the “need for certainty” and prayed in aid his concerns for EU citizens living in the UK and UK citizens living in the EU. This really is a desperate argument. The Government have it in their hands to deal with the fears of EU nationals living in the UK now. As we heard in last week’s debate, by doing so it would make it more likely that UK nationals living in the EU receive reciprocal treatment.

The Minister finally talked of a referendum being years ahead on a question we do not know. We are not talking about some point in the far future. A short referendum campaign, no longer than a general election campaign, would hardly impinge on the timetable at all. The Government claim to be confident of getting the negotiations completed within the two-year period, so we know what kind of timeframe we are talking about. As to the issue of what the question will be about—

[Lord Dykes (CB)]

I agree with those final comments, but does the noble Lord not agree that, bearing in mind that we had the Second World War without a referendum, we joined NATO without a referendum, we had the atom bomb without a referendum and we joined the United Nations without a referendum—we had all those things with no referenda—it is the primordial duty of parliamentarians to restore the true deep sovereignty of the British Parliament, mainly in the House of Commons?

[Lord Newby]

My Lords, on this issue, Parliament sold that pass when it gave the people the decision about whether or not we stay in the EU. Parliament, having given that decision to the people, should accept in logic that the people should retain that decision-making at the end of the process as well as at the start of it. That is the nub of the argument I am making today.

The noble Lord, Lord Robathan, asked what the question would be about. It would be very straightforward: do you prefer the deal done by the Government or to remain within the EU? I found the Minister’s arguments in Committee unconvincing.

--- Later in debate ---

[Baroness Hayter of Kentish Town (Lab)]

I have always thought the Government Chief Whip was a very nice man. I do not think he was offering us lunch today but he was offering us time for lunch.

This is a short and, I hope, sweet amendment. It is about the cement between Amendment 1 and Amendment 3. Amendment 1 has been defeated and therefore we are not talking about a referendum at the end of negotiations, but Amendment 3, which I trust will be carried, is about putting the decision at the end to Parliament. Amendment 2 basically states that, in order to make that as good a way of moving forward as possible, we will need to have from the Government—not as a running commentary, or even as a walking commentary, but as a dialogue with Parliament—some feedback about how the negotiations are going.

This is not only about what we are offering as a Government, as a country, but also about what is happening on the other side. We think we will be negotiating with just one bloc—the European Union—but there are 27 countries on that side and there will be ups and downs, elections, changes of personnel and all kinds of things happening within those 27 countries.

Charles Grant of the CER, who is usually correct, has said that in all of this, politics matters more than economics. Therefore feedback from the Government about how the other countries and the European Union are responding will help us to understand the negotiations. As I said in Committee, it would be terrible if we come to that final vote in this House and there are surprises because we do not know what has been happening and how discussions have been going and, even worse, because the Government have not taken the time to listen to our EU committees.

[Lord Dykes]

What would be the provision for an expression of opinion in both Houses on the later stages of those quarterly reports and negotiations? If people wanted to express an opinion, it might be legitimate for them to do so with a formal vote.

[Baroness Hayter of Kentish Town]

I will leave that to the usual channels, who will discuss it at the time. I deal with content not process. That is why I will be pleased when this Bill is over and we get into the real meat of the negotiations, with which I wish Ministers luck. The task of negotiating will be extremely hard and that is why they could benefit from discussions in the House.

It is important that we should hear back almost the mood music of what is going on. We should hear some detail so that it will not be any surprise. If people think this will all be done in secret then they have not worked in Brussels for very long. It is as leaky as a sieve and we will be reading a lot about the negotiations. It will be more like a colander than a bucket about the things that are going on in there and taking stock will be important. We have already stressed the importance of the devolved Administrations also being involved and to check that they are. We can talk on this.

Therefore, with a nod to this afternoon’s debate and what I hope will be its outcome—that Parliament will get the final vote—if the final deal is to win the consent of Parliament there should be no surprises and a grown-up conversation should go on. I am sure that the Government will not veer off in ways that surprise us, because we do not want to vote down something because it is a surprise. We will want to have a proper vote at that time. To make the final vote a proper one, we ask for these reports to be quarterly, and if the Minister thinks that means only quarterly he needs to think again: there needs to be a minimum of quarterly reports, so that we can discuss how it is going. I beg to move.

European Union (Notification of Withdrawal) Bill

Lord Dykes Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 1st March 2017 Lords Chamber

[Lord Bilimoria]

My Lords—

[Lord Dykes (CB)]

My Lords—

[Lord Taylor of Holbeach]

My Lords, I believe the Lib Dems still want to make a contribution. Let us hear from the noble Baroness, Lady Smith.

European Union (Notification of Withdrawal) Bill

Lord Dykes Excerpts

Committee: 1st sitting (Hansard): House of Lords
Monday 27th February 2017 Lords Chamber

[Lord Bridges of Headley]

My Lords, I am sorry to say that the noble Lord is just making my point for me. We had a referendum in which people were asked very explicitly whether they wanted to leave or remain in the EU. The leaflet that I have here said it very clearly, and many people in this House and outside it—on both sides of the argument—made the case that a vote to leave was a vote to leave the single market. That was the choice, people were aware of it and that was the decision that they made. We are going to come on to this in the next hour or so.

Furthermore, many people on both sides of the argument, leave and remain, are now coming together to make a success of our exit from the EU and to forge a new place for our nation in the world. Why would we want to open up all those old divisions again by holding a second referendum, as this very debate has just shown? Well before last June, a number of politicians argued—

[Lord Dykes (CB)]

When the Minister talks about the advisory referendum which was giving an opinion, that was the result that we had to respect at the time. Of course, there are comparisons with other European countries; in the process of the European constitution and subsequent Lisbon treaty, it was very interesting that in France, Denmark and the Republic of Ireland, there was always under the compulsory written constitutions a “no” vote in that first referendum. Each one was reversed by their Governments because they knew it was a vote about the unpopularity of internal politics and nothing to do with Europe.

--- Later in debate ---

[Lord Mandelson (Lab)]

My Lords, I am very pleased to follow the noble Baroness because, with her sharpness and clarity, she has brought this debate back to earth with a bump. Yes, whether we stay in the single market goes to the heart of the Brexit debate but, much more importantly, it goes to the heart of our future prosperity as a country—the lives, livelihoods, jobs and standards of living of all our fellow citizens—and therefore we should dwell on it.

In the coming negotiations, Britain should have three primary objectives: first, to secure, as far as possible, the continuity of our existing trade in the European Union; secondly, to be in the best position to attract future supply chain investment in Britain by international companies; and thirdly, to optimise our ability to make future trade agreements with other countries. All these objectives would best be served by our continuing in the single market, through the European Economic Area, as Norway did when, in the 1990s, its public rejected membership of the European Union but, seeking the economic opportunities available to it in Europe, decided instead to join the EEA. I believe this very strongly. I have to say this not only in opposition to the Government’s chosen path—what has rightly been called, “Brexit at all costs”, which is both desperate on their part and potentially very damaging indeed to our economy—but also in disagreement with the argument on grounds of sovereignty, made by Keir Starmer in the other place, that staying in the single market through the EEA would make Britain subject to rules that the rest of the EU has made. That is what lawyers would describe as a piece of Nelsonian knowledge. It is what happens when you intentionally place a telescope to your blind eye.

I accept that, hitherto, the EEA shows what small countries such as Norway, Iceland and Liechtenstein were able to secure when committing to being part of the single market, but Britain is not of the same status, size or type as any of those countries. A British version of membership of the EEA—this is a key point—would retain much more influence and clout in setting the standards for our largest export market. By removing ourselves from the European Union and the single market, we would only theoretically be more sovereign and we would be considerably poorer. I am reminded of what the noble Lord, Lord Heseltine, said:

“A man alone in the desert is sovereign. He is also powerless”.


I respect the result of the referendum, but I part company from the Government in my belief that we now have an absolute duty to obtain the closest and best possible economic relationship with our largest export and investment market after we leave the European Union. Merely seeking a future free trade agreement between Britain and the EU that deals with tariffs and some customs procedures will fall far short of actually being in the single market. Yes, that is the difference between access and actual participation through membership of the single market that the noble Lords, Lord Spicer and Lord Forsyth, drew to our attention. The former—access—we have to beg for; the latter, we have by right. That is a fundamental difference.

If we simply do as the Government are proposing and seek a free trade agreement, I assure noble Lords, as a former Trade Commissioner and this country’s Trade Secretary, that it will give us significantly less trade than we have at the moment, no automatic market rights in Europe and a paltry means of enforcing those rights that we have. Believe me, I have negotiated those things on Europe’s behalf with countries trying to access the European single market. I know how ponderous the European Commission can be when it comes to such negotiations. I know how difficult it is for third countries, which is what we would be, to get access on the terms that they want and need.

A free trade agreement would not cover all trade; it would not cover services as well as goods, which is a fundamental point. The agreement—if we ever get one, given how relations between ourselves and our European partners have gone downhill since the Prime Minister’s October speech to the Conservative Party conference—will take a very long time to obtain and will certainly stretch way beyond the two-year cut-off point of Article 50 itself. That is why John Major was absolutely right to make his speech this evening at Chatham House in which he strongly and in vigorous terms attacked the Government’s approach to Brexit and called, quite rightly, for a little more charm towards our erstwhile partners and a little less cheap rhetoric.

In a number of key national capitals—

[Lord Dykes]

With his distinguished European background, why does the noble Lord not fight to keep us in the European Union, as Kenneth Clarke is doing in the Commons?

[Lord Mandelson]

Why am I not fighting to keep us in the European Union? My word! Judging by my email inbox, the noble Lord must be the only person in the country who does not believe that I am fighting for Britain’s continued membership of the European Union. Of course being a democrat, I respect—oh, there is no point his waving his hand in that Edwardian way.

I am afraid that we have had a referendum, but the point is this: we can now make a choice between leaving the European Union and wrecking our economy, or leaving the European Union and making the best economic job that we can of doing so. There is a huge difference between negotiating our future trade relationship from the safety of being a relative insider, which is what we would be as a member of the EEA, as opposed to being an outsider and jostling for preferential access to Europe’s marketplace like any other country—fighting with many others for access at Europe’s border. Of course the single market is not perfect, notably in its coverage of all services. However, almost half of British trade in goods and services takes place in the European market. It should therefore be an absolute priority for us to secure the continuity of that trade we already have.

There is another crucial issue for us, given the nature of our manufacturing sector in this country. Other noble Lords have touched on that. The point is that the single market is not just a huge trading space: it is also a giant factory floor. Among mature economies trade is now increasingly less in finished goods than in part-finished goods moving back and forth across borders, often many times, as part of increasingly sophisticated value chains.

Brexit: Article 50

Lord Dykes Excerpts

Thursday 2nd February 2017 Lords Chamber

[Lord Bridges of Headley]

I am sorry but we come up against this immoveable object, which is the fact that the referendum took place, the people have decided that we wish to leave the European Union, and that is what we intend to do to honour the commitment in our manifesto. I hope only that the noble Baroness agrees with what her noble friend Lord Ashdown said so wisely on the night of the referendum: that when the British people have spoken, our task is to obey. It is only a pity that the noble Lord, Lord Ashdown, cannot agree with what he said then as opposed to now.

[Lord Dykes (CB)]

On a recent visit to Berlin, a puzzled and upset very senior German politician asked me, “Can I ask you a psychological question?”, and I replied, “Please do”. The question was, “Why are the English Europhobes so childish?”. I undertook to give him a reply as quickly as possible. Could the Minister help me with an answer to that question?

[Lord Bridges of Headley]

My Lords, I speak here on behalf of Her Majesty’s Government and therefore reflect the views of the Government. I believe that the approach that my right honourable friend the Prime Minister set out in her speech at Lancaster House was far from childish. It is a very mature approach to the challenge that lies before us, and that is what we will now embark upon.

Brexit: Supreme Court Appeal Cost

Lord Dykes Excerpts

Thursday 26th January 2017 Lords Chamber

[Lord Bridges of Headley]

My Lords, when we publish the costs we will make them as transparent as possible. On the question of previous processes, I gently remind the House who changed those processes to the situation we have now.

[Lord Dykes (CB)]

My Lords, I, too, thank the Minister, because he does indeed answer the questions very well, and the whole House is grateful for that. Does he agree that it is not just a matter of the enormous cost of leaving the European Union? In an 8 January article by the Prime Minister in the Sunday Telegraph, she said in her first paragraph:

“When the British people voted in the referendum … they did not simply vote to withdraw from the European Union; they voted to change the way our country works … forever. It was a quiet revolution by those who feel the system has been stacked against them for too long”.


Therefore, there were many factors in that decision overall, and the Government must exercise care, not least over the fear of immigrants. Because of that mixture of feelings, the Government must exercise wisdom and restraint on these matters in the negotiations, because the Prime Minister is not elected directly and the Government’s majority rests on a voting population of 24%. The Government must proceed with care.

[Lord Bridges of Headley]

I hear what the noble Lord says, and I repeat: we wish to build a national consensus around our approach.

Brexit: Green Paper

Lord Dykes Excerpts

Monday 9th January 2017 Lords Chamber

[Lord Dykes (CB)]

Can the Minister confirm that he takes a lot of advice from Iain Duncan Smith and Michael Gove?

[Lord Bridges of Headley]

I listen to all manner of people, my Lords, on all sides of the political divide and on all sides of the argument on this.

Council of the European Union: United Kingdom Presidency

Lord Dykes Excerpts

Wednesday 20th July 2016 Lords Chamber

[Lord Bridges of Headley]

As I say, we will keep the House informed. I am sorry that the noble Baroness feels that way but I have nothing further to add.

[Lord Dykes (Non-Afl)]

My Lords, is the Minister familiar with the phrase, “I beg your pardon. Could you say that again?”? Yesterday, clearly, in answer to the noble Lord, Lord Cunningham of Felling, he said:

“The noble Lord speaks with great experience … I absolutely heed what he says but, as I said, that is exactly why we are taking our time to consider these matters”.—[Official Report, 19/7/16; col. 530.]

It is a complete contradiction from yesterday to today without an adequate answer to the question put by the noble Lord, Lord Cormack. Can the Minister explain to the House exactly what happened?

[Lord Bridges of Headley]

I have to say that a number of discussions have taken place informally across Europe, culminating in the conversation that my right honourable friend the Prime Minister had last night. It was a culmination of discussions and consideration.