Flags (Northern Ireland) (Amendment) (EU Exit) Regulations 2019

Debate between Lord Dykes and Lord Cormack

Wednesday 3rd April 2019 Lords Chamber

[Lord Cormack (Con)]

My Lords, my noble friend the Minister is a big man in every way, and he has shown that many times in debates in this House. He is a man who listens and he is sensitive. If he is going to live up to his well-deserved reputation, he really must listen to the eloquent pleas of the noble Lord, Lord Alderdice, my noble friend Lord Deben and the noble Lord, Lord Touhig. They are absolutely right.

This is a small, irritating, unnecessary, bureaucratic measure which does nothing for this House, shouldered with the burden because of the inability of the people in Northern Ireland to come together in their Assembly. In debates on Northern Ireland in recent months, I have often talked about the desirability of calling the Assembly, even if there is not an Executive. I know that is something which the noble Lord, Lord Alderdice, agrees with, as do many other colleagues in all parts of the House. Why can the Minister not just take this away? It is not worthy of him. It is not worthy of us. It is a good reason to summon an Assembly and let it make the decision. I have little doubt what it would be.

At the time of possibly the greatest national crisis this country has ever had, the answer to “What did you do in the war, Daddy? What did you do on the eve of the cataclysm?” is that we decided a particular flag could not be flown on one day in May in Northern Ireland. What a nonsense. I really beg my noble friend to heed the words that have been uttered in your Lordships’ House today, take this silly little measure away and not trouble himself or us with it again.

[Lord Dykes (CB)]

My Lords, I am following five scintillating speeches which call into question the nonsense of these regulations. I thank the noble Lord, Lord Bruce, for his ingenious amendment, which is fair in dealing with the technical points but also had a historical background. We have had messages from all parts of the House asking the Minister, with his excellent Scottish credentials, to think again and withdraw this instrument now before it is too late.

I was not able to take part in the Grand Committee at the end of March on this subject because of other duties, but I very much followed it and agree with what has been said today. I particularly thank the noble Lord, Lord Deben, for reminding us of the historical background, too, and the painful history of this country’s relationship with and attitudes towards the Republic of Ireland—the Irish Free State, as it was initially after independence.

There was a famous Irish ambassador in London a few years ago called Joe Small, who was a friend of mine. He was rather small. I once had occasion to phone him and ask, “Joe, can you tell me when you think that the note of condescension disappeared from English and British voices when they talk to Irish people?” He said, “I tell you what, I’ll put that in my computer and come back to you in 10 minutes”. He did that and said, “It was five years ago, when incomes per capita in the Republic of Ireland overtook those in Britain”. That was a pretty good example of things getting back to normal after the painful history that we have had.

The noble Lord, Lord Deben, referred to the nonsense in the details of these regulations in some detail. I will not go into that now but conclude with a few remarks relating not to the flag as it is—it was originally the Council of Europe flag, as the noble Lord, Lord Touhig, said —but to the flag of the European Union, which is now our precious asset in emotional and practical terms. I suggest that the noble Lord, Lord Bruce, has today, maybe unwittingly, found reason number 293 for us staying in the European Union and not leaving after all. It is a very good one so perhaps it should be higher than 293 and closer to the top, since flags are so important.

On the wider background of the UK I have always found it very painful that, as a member state of the Union for a long time, this country was one of the larger ones that routinely never flew the European flag on government buildings. That is why I introduced my rather tedious and boring EU information Bill when I first came into the House of Lords; it included a clause about the flying of the European flag on government buildings. It is really painful to see this daft anti-European sentiment growing in Britain, particularly in the last few years. The European flag has never been flown on government buildings; on hotels, yes, and of course on embassies of other countries in the European Union—and sometimes on others as well. Aspirant countries such as Albania are applying to join. When I went there last spring, it was full of European flags. Albania is very enthusiastic about being a member of the European Union.

By the way, although it is not strictly relevant to the subject, the flag of the European Union is a precious asset and I pay tribute once again to the activities of the flag wavers outside, who have now been there for well over two years. Now they are there from 10 am until 8 pm, or later; they now have European flags with lights on them so they can show them at night. Their poles are getting taller and they have had tremendous publicity. Last Friday, we had the pleasure of honouring Steve Bray, the chief flag waver, at a function at the National Liberal Club when we said thank you to him and all his colleagues for staying there in bitterly cold weather and never deviating. The only day they stayed away, wisely and sensibly, was when the antis came on 29 March to register that they were leavers—with some high-temperature elements, I think. It was a sensible idea for them to stay away that day to avoid any trouble.

My EU information Bill is still on the list for a Committee of the Whole House in due course. It is not making much progress but does not now include flag-waving, which would have sounded illogical in view of the attitude in this country. I would love to be able to put that provision back in later on, if only we could. The Minister could give us all a psychological boost by withdrawing these regulations in view of the excellent speeches already made today.

European Union (Withdrawal) Bill

Debate between Lord Dykes and Lord Cormack

Report: 6th sitting (Hansard): House of Lords
Tuesday 8th May 2018 Lords Chamber

[Lord Cormack (Con)]

My Lords, I will be equally brief and will make just one point. When I had the honour to serve on the EU Home Affairs Sub-Committee of the European Union Committee of your Lordships’ House—something that was brought to an abrupt conclusion when I voted for those two amendments on the Article 50 Bill last year—I remember vividly one particular evidence session. Those giving evidence were led by a notable citizen of the United Kingdom, Mr Rob Wainwright, who was the head of Europol. Everything he said throughout his evidence to our committee made it abundantly plain that, if our security and our relations on the police front were to be maintained, we had to have a solution that as closely as possible replicated what we already enjoy. That is why I strongly support the amendment, which was admirably moved by the right reverend Prelate and spoken to by the noble Lord, Lord Haskel, and my noble friend Lady McIntosh. They have made equally valid points, but at the end of the day what is fundamental to our country’s survival is adequate and proper security and the proper interchange of information throughout the 28 nations of the European Union as it is now. We are leaving, but in doing so we must not jeopardise in any way the security of our people. That is why I strongly support this amendment.

[Lord Dykes (CB)]

My Lords, I will briefly support what the noble Lord, Lord Cormack, said, and also thank the right reverend Prelate for his able speech, which was strongly reinforcing as regards our gradually becoming ever closer to the European Union itself. That is the reality of these matters, because although the noble Lord, Lord Cormack, wishes to say on behalf of others on his Benches as well that we are leaving, there is now in this country a firm feeling of second thoughts on that matter, and therefore we may not be leaving.

In the meantime, the Prime Minister herself has got closer and closer to the EU in terms of various different parts of our linkages, in particular in respect to the agencies, and in terms of some of the procedures and laws. The strongest one, apart from Europol, which is a good example, is the European arrest warrant part of that security procedure, which is increasingly regarded as an incredibly indispensable instrument of suitable control between the justice systems of the member states, and so on—we had the recent example in Spain of something that was widely welcomed in this country.

With a number of agencies, if we were to relinquish membership of them—or even “almost membership”, however close that might be to them—that would be damaging not only to individuals who are involved in them but to the recipients of those services and the security of the high standards maintained. As we go on with this torturous process—we will see it again with the revival of the discussions about the EEA, the customs union, and so on in later amendments—we realise now that our closeness to the EU is a reality and not just an aspiration.

European Union (Withdrawal) Bill

Debate between Lord Dykes and Lord Cormack

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

[Lord Dykes]

All the amendments are designed, rather like the noble Lord, Lord Tugendhat, inferred, to improve the technicalities of the Bill, despite people having different views on our future membership or not of the European Union. There may be a stronger content in, for example, some of the suggestions made by the noble Viscount, Lord Hailsham, which I fully support, but that is perhaps the only such example in that cluster.

[Lord Cormack]

My Lords, I have one simple message: do not tie the hands of those negotiating on your behalf.

European Union (Withdrawal) Bill

Debate between Lord Dykes and Lord Cormack

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.

Trade Union Bill

Debate between Lord Dykes and Lord Cormack

Monday 8th February 2016 Lords Chamber

[Lord Cormack (Con)]

My Lords, I was wholeheartedly with the right reverend Prelate until he called the General Synod in aid, but he was totally right about fairness. As someone who does nothing electronically and has no intention of doing anything online at all, I believe we have to accept that those who want to move with the times in that way should be able to do so. My noble friend Lord Balfe made an impeccable case, as did the noble Lord, Lord Pannick. I find no particular affection for this Bill, but it is essential that when it goes on to the statute book—as it surely will—it must be seen to be fair. The right reverend Prelate is, of course, right. I pulled his leg, but if the Church of England can do it then we must allow the trade unions to do it. It must be fully supervised and properly secure. As the noble Lord, Lord Kerslake, said, nothing is ever 100% secure—which is why I would never do online banking—but we can do most things to ensure that the system is secure.

I want to do one thing and one thing only: to appeal to the fairness of the Minister who will come to reply. It is the function of this House, from time to time, to ask another place, and the Government, to think again. In no sense does this destroy or undermine the Bill, but it allows those who wish to vote to do so, in privacy, online. One could argue that they might be under less pressure than if they voted in my preferred way—in the workplace—or by post. We have seen so many abuses of the postal voting system in general elections that we cannot hold that up as a great example. I hope my noble friend will bear in mind the words of Mr Nick Boles in another place, which have already been quoted: if there is no objection in principle then let us make sure we enact in practice.

[Lord Dykes (Non-Afl)]

My Lords, I added my name enthusiastically to that of the noble Lord, Lord Balfe, on Amendment 22 about electronic voting. I thank him for his wise words, spoken with authority and knowledge of trade union activities. That is not necessarily linked automatically to the Labour Party in any way. This is especially so in the modern world, compared to the past when it might have been more automatic with the big trade unions. We now see a much more open scenario and there are many who support or vote for the Conservative Party in general elections who are enthusiastic about their own membership of different kinds of trade unions. That should be the norm in any modern, balanced society. It should not be two competing elites with nothing moveable in between.

This amendment helps to widen the possibilities for voting for strike action in the future. This is so infrequent and rare in British society nowadays, compared to the past, that it is not a general problem at all. That adds to the need for this cluster of amendments. I am referring now to Amendment 22, but the rest all fit together. They ask the Government to think again carefully about the underlying reasons why the Bill was introduced. There is still an element of surprise in wider society among people who follow new Bills about why the Bill was engineered and created as it was. Any Government, as was said in the Second Reading debate, who have the authority of only 24% of the electorate, have to be careful to introduce legislation that is not only properly drafted and intelligent but creates consensus, fairness and balance to deal with areas of pressing need for public governance.

There is considerable dismay about the Bill among those who are not keen on any limits on trade union voting activity. In my view, it should be completely open, but the threshold idea has caught on with some people, so one has to accept that it will be supported in the future, to whatever extent that is rational. The Government have to respond to that pressure and think again.

One of the ironies is that the Bill would be easier to get through if the Government responded to intelligent amendments that represent the views of Members from all parties in this House. I hope that the amendments will be received with some interest and enthusiasm in the other place if the Government do what we are requesting today.

On electronic voting, the noble Lord, Lord Kerslake, referred in his speech to what he did in Sheffield. Electronic voting is feasible and can be just as secure as any other method of voting if proper procedures are put in place. It can be secure, as provided for in the Central Arbitration Committee report system, which is an excellent part of the amendment drafted by colleagues including Lord Monks.

The noble Lord, Lord Pannick, expressed reservations about Article 11 of the European Convention on Human Rights, and the noble and learned Lord, Lord Brown referred to the potential mathematical absurdity of the Government’s latest 50% proposal, which needs changing. All those problems were raised by Cross-Benchers, which is yet another illustration of the substantial changes that need to be made to the Bill.

I was in business for many years and we may compare the fairly easy-going procedures for corporate AGMs with what is being planned to bring the trade unions to heel. That might be an emotional phrase that is used fairly by some people and probably with enthusiasm by some of our right-wing newspapers. It would be a great tragedy if there were one standard for one set of people and another for another.

I thank the noble Lord, Lord Balfe, very much for his advice on the common-sense element of trade union behaviour. There is a real need to make progress on this cluster of amendments. This is a great opportunity for the Government to refer positively to them and accept the ideas behind them. Then the Bill would make progress in other important areas.

House of Lords: Labour Peers’ Working Group Report

Debate between Lord Dykes and Lord Cormack

Thursday 19th June 2014 Lords Chamber

[Lord Dykes]

My natural sense of modesty, and because it is above my pay grade, prevents me from trying even to give a putative answer to that matter. It was just the way in which things are rushed into with badly drafted, inadequate and mediocre legislation in the House of Commons. More and more is churned out which has to be repaired two or three years later by another set of Bills to rectify the mistakes. That was in the early days of the Deputy Prime Minister being in the House of Commons for one term.

[Lord Cormack (Con)]

Is not that because the Deputy Prime Minister has never studied the British constitution?

[Lord Dykes]

It is for others to give their views. I am a great admirer of the Deputy Prime Minister but in this case he was just at the beginning of a learning curve. All that will come out again in the wash. This country takes a long time to make fundamental decisions about its modernisation. Irrespective of what happens in Scotland, which is a great complication, the sooner we have a written constitution and agree to be a modern, powerful, well paid, revising, unelected—that being my preference because if it is elected that would change matters completely—institution, the sooner it will have more powers, otherwise we will drift along with an inadequate system of which we are artificially proud for some bizarre, historical reason.