Trade Bill

Lord Finkelstein Excerpts

Committee: 4th sitting (Hansard): House of Lords
Monday 4th February 2019 Lords Chamber

[Lord Stoddart of Swindon]

That, of course, is a matter of opinion. There are others who say that because we are members of the EU we cannot make the laws that we want in this country, which would benefit the whole country including the workforce. People should have more confidence in this country, the way it is governed and those who can govern it.

The noble Lord, Lord Lea, blamed—or seemed to blame—Brexit for Nissan reneging on its agreement to make its new model in this country. However, Nissan itself has said that the world decline in demand for vehicles, particularly diesel vehicles, was the main reason it wished to save money by developing the vehicle in Japan. We ought to be careful that we do not blame Brexit for everything that goes on in the world and this country. I hope that the noble Lord understands that I was not puzzled about what he was saying—I was merely thinking about what he was saying. Of course he will realise that I was actually listening to him, as I always do.

[Lord Finkelstein (Con)]

I thank the noble Lord for his compelling and persuasive speech. For those of us who are determined that we should not leave the European Union without any deal whatever, it is important to think about the points that he has raised. We are at the stage now where someone like me needs some guidance. There is no point haring off after something that it is not going to happen. We had a discussion in this House on these very questions, and when we had plenty of time to implement this solution, Labour Benches decided to vote against it and therefore implied that they were not in favour of it at that point, and probably that they would not be in favour of it at any point. I suspect that is still the case.

Before we get ourselves embroiled in Norway-plus as an alternative, I would certainly find it useful to know whether it is the noble Lord’s view that the Labour Party Front Bench is ever likely to support this proposal—

[Lord Lea of Crondall]

I can help the noble Lord on that. In the six months since the summer, Jeremy Corbyn—whether you think his policy is that of a snail or a crab—has moved to say that we in the Labour Party are in favour of staying in the customs union and a/the single market. That is Front-Bench Labour Party policy.

--- Later in debate ---

[Lord Finkelstein]

I think it is access to the single market, and we are both aware of the difference between those two things. Also, it is “a” customs union; I noticed that the noble Lord referred to “the” customs union. That is also something different, so his view is not quite that.

There is a second question: whether if the Labour Party decides it is going to move to this position—either as a snail or a crab; those were the noble Lord’s chosen animals—that it would then support the withdrawal agreement, which would be needed in order to pave the way for this. If it is not going to, that is significantly less attractive to someone like me looking to ensure that we do not leave without a deal. These questions are not put as a challenge—they are a genuine dilemma for those of us who are now looking at what the solutions are, who are not persuaded after the Brady amendment that we are going to get very big changes from the European Union, and who want to be sure that we can all agree on something.

[Lord Lea of Crondall]

If the protocol of the House allows me, I will answer questions as they come in this way. The proposal I made at the end of a negotiation involving the EU as well as EFTA is one way of getting out from under the dilemma that some future for Britain within the common market and the customs union could be found. It would not simply be “the” withdrawal agreement; it would be the withdrawal agreement/going along with EFTA under the EEA umbrella agreement, with an understanding between the 27 and us. That is my proposal.

[Lord Finkelstein]

It is a credible proposal, but only if it has some sort of political support. The questions I put are merely a matter of guidance to me—and I am sure to lots of other people like me—and I am hoping that we will get a little bit of illumination from both Front Benches that will help us along the way.

[Viscount Trenchard (Con)]

My Lords, against the framework of what the future relationship will be, I do not think that the proposal of the noble Lord, Lord Lea, that we do not follow the procedure set by Article 50 for withdrawal but instead combine a withdrawal agreement-plus with seeking to accede or re-accede to EFTA would find much support among our European friends and partners. They would say that that is not what Article 50 says.

The noble Lord has made clear on many occasions his view that the UK should seek the softest possible Brexit, and his amendment would achieve that. If we were to become a member of EFTA—I think that Norway, for one, has not expressed any enthusiasm for our accession or re-accession—it is true that we would escape the jurisdiction of the ECJ and instead be subject to the EFTA Court, but that court follows closely ECJ judgments.

The leader of Norway’s European Movement has stated clearly that it is in neither Norway’s nor the UK’s interest for the UK to become again a member of EFTA. Continued membership of the EEA would require us to accept future EU rules and regulations, but without a seat at the table and with a greatly reduced voice in the formulation of those rules and regulations. It would also prevent the UK having its own trade policy and remove the raison d’être of my noble friend the Minister and the Department for International Trade. We would not be able to enter new free trade agreements with other countries or accede to broader free trade partnerships such as the CPTPP, which includes Japan, an enormously important trade and investment partner, and leading Commonwealth countries such as Australia, Canada and New Zealand, whose trading regulations, policy and law share origins with our own.

The EEA/EFTA proposal would make this Bill redundant, because we would have no need to novate existing EU FTAs and it would negate the whole upside of Brexit, leaving us as effectively a vassal state of the EU. That is not what the people voted for and your Lordships’ House would not be serving the nation’s interest by supporting the amendment.

International Development (Official Development Assistance Target) Bill

Lord Finkelstein Excerpts

Friday 6th February 2015 Lords Chamber

[Lord Forsyth of Drumlean]

It is true that there are a lot of amendments in the group but they are consequential on the concept of creating a five-year period. The noble Lord, Lord McConnell, and I are old sparring partners and old habits die hard for him. In response to his intervention, and at the risk of being accused of repetition—I note that the noble Countess, Lady Mar, is not present—I stress that the National Audit Office report said that DfID was having to,

“quickly add some activities to its 2013 plans but delay others set for 2014, making it more difficult to achieve value for money”.

What does that mean if not that it was not getting the best bang for the buck? The noble Lord said that 2013 was the first year for meeting the relevant target. He is absolutely right about that. However, the report goes on to say:

“The Department’s plans for delivering the 2015 ODA target require it to rapidly increase its investments, which could be difficult for it to achieve”.

If that is not saying loud and clear that we are unnecessarily putting the department in a straitjacket, I do not know what is. My amendment would prevent that and I hope that the noble Lord, Lord Purvis, will accept it.

The noble Lord opposite is clearly not persuaded by the National Audit Office report. My noble friend Lord Fowler was very unkind to Margaret Hodge, the chairman of the Public Accounts Committee, who I think in many respects has done a great job in chairing that committee. Indeed, she has said that it appeared that the cash has been “rushed out” to “meet the 0.7% target”.

She added:

“This raises questions about value for money which Parliament will be keen to look into”.

I do not think we can ignore that. Just to show that I am being balanced and fair, Sir Peter Luff, a very distinguished colleague, who many of us in this House remember with great affection, said:

“The committee must grill Dfid very carefully to make sure this money was spent wisely and well. This proves the folly of binding targets which set out how much you have to spend irrespective of need”.

Neither of these parliamentarians is noted for holding extreme views.

However, as the noble Lord is not happy with National Audit Office’s view, I turn to the International Development Committee, which was also concerned about the impact of the 0.7% target on the effectiveness of aid. It stated in its annual report of May 2014:

“2013 was an exceptional year. DFID’s expenditure increased rapidly as UK ODA rose from 0.56% to 0.7% of GNI. Nevertheless, it does seem surprising that DFID should spend over a quarter of its budget in December and almost 40% of its budget in November and December. DFID should provide the reassurance that its expenditure is rational and costeffective and not rushed out at the end of the year, which is the impression that can be given by its spending profile in 2013. We recommend that DFID carefully monitor its ability to meet the 0.7% target given uncertainties about both its own spending and that of other Departments and the GNI figure, which is itself subject to regular revision”.

As regards that latter point on regular revision, to which my noble friend Lord Howell referred, suddenly, it is decided that we need to take account of illegal drugs activity and prostitution and, as a result of that, we have to find an extra several hundred million pounds to spend on the aid budget. Does that make sense? It may be a bonus for the department, but it will certainly not be part of a planned approach.

I feel strongly about this issue as I was a member of the Economic Affairs Committee, under the splendid chairmanship of my noble friend Lord MacGregor, which took evidence on this issue. The evidence is there for people to see. It highlighted the problems, including that of wrongly prioritising the amount that is spent rather than the results that are achieved. Throughout the morning we have talked about how much is spent rather than how to get the best value for money from what is spent, as I said when we discussed the earlier amendment of my noble friend Lord MacGregor. We thought that a single-year target,

“makes the achievement of the spending target more important than the overall effectiveness of the programme”.

That was one of the conclusions of this House’s distinguished committee. We also said that,

“the speed of the planned increase risks reducing the quality, value for money and accountability of the aid programme”.

That is what we concluded a few years ago and that view is supported by the NAO and the International Development Committee.

A further point that has not been touched on this morning is that reaching the target increases the risk that aid will have a corrosive effect on other political systems by creating aid dependency. That, again, points to what DfID is doing very successfully—that is, looking at more targeted and sophisticated ways of providing aid and support and involving the private sector. I sense that the House has probably heard enough of this argument. I beg to move.

[Lord Finkelstein (Con)]

My Lords, unfortunately, I was not able to speak in the Second Reading debate, even though I was present, as I could not be certain that I could attend the whole debate. However, I assure the Committee that I intend to speak briefly and only to the amendment.

I write a football column each week for the Times, and have done for more than a decade. The column is concerned with the quality of football teams and helps readers to distinguish between noise and signal. A team that wins 50% of its games will not do so by regularly winning, then losing, winning then losing; it will do it in clusters. When statisticians assessed those clusters, they discovered that they are randomly distributed. In other words, a team will win a cluster but that may be just because it has a run of random results and then it will win, win, win, draw, draw, lose, lose in that cluster. There is a trophy that is awarded entirely for randomness: it is called the Barclays Manager of the Month. When a team’s cluster of wins coincides with a calendar month, its manager becomes Barclays Manager of the Month. In the following month, when that team loses its games, something occurs that is called regression to the mean, and the manager gets fired. This is a perfectly simple statistical concept that ought to be applied to the Bill.

It is not a very good idea to try to set a target in law, on which Parliament must report, that is attached to a single year’s variable data. It is much better to try to find a period that might represent some sort of significance over a long period of time. A single year cannot do that and five years can attempt to do that. Even five years is quite a short period but it is certainly a great deal better than a single year.

This is a technical objection to the Bill, even though others may think it goes to the heart of the argument for it, but the Bill would certainly be greatly improved if a simple concept of randomness was agreed so that we do not have a law for randomness in the same way that we have a cup for it.

Human Rights

Lord Finkelstein Excerpts

Thursday 21st November 2013 Lords Chamber

[Lord Finkelstein (Con)]

My Lords, at the moment I took the oath in the House I was filled with wonder and gratitude. There was gratitude to be given the privilege to sit among your Lordships and to contribute to your deliberations. There was gratitude to my supporting Peers, the noble Lords, Lord Owen and Lord Coe, the latter having forgiven me for defeating him in an egg and spoon race. What can I say? He can run but he dropped the egg. There also was gratitude to all the officials of the House. They have helped me to overcome every practical issue related to having a peerage, save the one that still vexes me; namely, how, in a suburban house containing three children and six guitars, do my wife and I fit a two-foot, red leather box with a large wax seal? I now understand the strategy of barons since the time of King John, which is to get a castle first and only then acquire a peerage.

Finally, there was gratitude that as the son of refugees I live in peace in this extraordinary country with its respect for human rights. It is therefore fitting that human rights should be the subject of my maiden speech. My mother is a survivor of Belsen concentration camp and my father was an exile in a Siberian prison village. Pinner is nicer. People often bemoan the absence of big ideas in British politics. I always reply that big ideas drove my family from their home and their country, murdered my grandmother, starved my mother, imprisoned my father and stole our property. So I like pragmatic, small British ideas, our quiet suburbs and our stable institutions. My politics were never better summarised than by my paternal grandmother saying, “While the Queen is safe in Buckingham Palace, I am safe in Hendon Central”.

My necessarily brief contribution to this debate is that we in this country have a special understanding of the value of allowing people to live their life in peace as they see fit, to enjoy their privacy and never having to fear what they are because they fear their neighbours or the state. For that reason, because of the respect for that fundamental human right, we have become a leader in extending to gay people the freedom, equality and respect that should rightfully be theirs.

However, with that leadership comes a responsibility. Last year, the Office of the United Nations High Commissioner for Human Rights identified 76 countries which criminalise private, consensual same-sex relationships. Even where homosexuality is not illegal, all over the world lesbian, gay, bisexual and transgender people are subject to arbitrary arrest, violence and torture. When they are the victims of crime, they cannot turn to the police or the authorities because it is they who will be arrested. They are left defenceless. In Iran, there are secret executions; in Cameroon, there is torture and imprisonment; and, in Belarus, there is police intimidation and confiscated passports.

The only complaint that these countries can make is: why pick on them? The disrespect that they show to fundamental human rights, and the way in which they defy international law, is not theirs alone. It is common. I recognise—we all do—that there are limits to what we can do and I know that much of what we can do we are doing. It is right to pursue a policy of active diplomacy; right to link aid to the Commonwealth to the question of gay rights; and right to use bilateral diplomacy to, for instance, raise Russia's discrimination against gay people. Perhaps, as the Foreign Office reviews its priorities in its human rights policies, which I am sure it does from time to time, it might consider whether the rights of LGBT people should be among them. After all, internationally, if it is not us, who is it?