(4 years, 7 months ago)
Lords ChamberMy Lords, I do not intend to go into detail on this potentially disastrous Bill—I leave that to my noble friends Lord McNicol and Lady Hayter on the Front Bench. I take this opportunity to pay tribute to our colleagues on the Front Bench, who labour day and night without any extra financial remuneration, doing a great job for our party and this House.
I want to go back, as did the noble Lord, Lord Howell, to the 1960s. It may be of interest to the noble Lord, Lord Forsyth, if not to anyone else. At that time, our party was against the European Union and we were led by people who were totally against it—as some people here know only too well. Some of us who were in favour, as I was, suffered. I remember that Robin Cook beat me in a selection conference—mind you, he went on to be in favour of Europe after that, but that is another thing. We laboured day and night. My noble friends Lord Radice, who is here, and Lady Crawley and Lord Robertson and so many others will remember well the Labour Movement for Europe meetings in Blackpool and Brighton and throughout the country, where we worked together to try to get our party to espouse the European cause. We won—we succeeded—and in 1975 we had that referendum, in which we had a majority in favour of remaining in the European Union of two-thirds, not scraping through as the Cameron referendum did. As a result, we had more than 40 years of what I and many other people think is the most successful economic and political union that has ever existed in the world, and we have succeeded as a result.
However, it was then all thrown aside because David Cameron needed a referendum to try to sort out the problems in the Conservative Party. That referendum was flawed in many ways, and many people voted to leave not because they really wanted to leave but because they wanted to give David Cameron a slap in the face. They did not agree with what the Government were doing on so many other things. However, I warn the noble Lord, Lord Forsyth, and other noble Lords, of some of the consequences. Exactly the same arguments that were put forward by the British nationalists for leaving the European Union are being put forward by the Scottish nationalists for leaving the United Kingdom. The same words that were used by the noble Lord, Lord Forsyth, and others are being used by Sturgeon. So some people will rue the consequences of the arguments they put forward then.
I will be relatively brief and please the Whips for once. I finish with a resolution and, in some cases, a warning. Just as we fought and changed the Labour Party’s view in the 1960s, we will regroup and redouble our efforts, starting immediately. I am grateful to Michael Clancy of the Law Society of Scotland for reminding me that Article 50 of the treaty provides arrangements for rejoining the European Union. So, in agreeing that treaty, both sides—Europe and Britain—recognised that it is a possibility. I will fight, and I know that many of my colleagues will fight, to make sure that that possibility becomes a reality. I only hope that I live to see that day.
My Lords, after three years of damaging delay we are finally going to implement the referendum result that 17.5 million people voted for.
I remind noble Lords and the Government that we are here tonight largely because of the bravery and courage of Nigel Farage and his leadership of UKIP. Without that, David Cameron would never have had any intention of granting a referendum—that was the effect of UKIP. When we won the leave vote, we were all confident that David Cameron would carry out his promise of implementing the result of the referendum. However, that did not happen and he had to resign. We then had an inept Government and a recalcitrant bunch of MPs who thought they could take over the Executive position.
Following that, the Prime Minister was eventually forced to crawl to Brussels to ask for an extension to the often-repeated leave date—I cannot remember how many times she said it; perhaps 108—of 29 March. That was humiliating but it had its upside. We then had to contest the 2019 EU elections. Enter Nigel Farage again. He had formed the Brexit Party only four months before those elections, but it swept the board.
No. I have only got five minutes. Sit down. Sit down.
The Brexit Party swept the board and got more votes than the Labour Party and the Conservative Party combined. After that election, Nigel Farage pointed out that the Conservative Party had lost two pro-EU leavers and that it needed to learn that lesson or die. I congratulate the Conservative Party on learning that lesson.
I also congratulate it on its crushing victory in the election. I hope it will mean that the public trust that was lost by the Government during the election—and particularly by Parliament and the Commons—as the noble Lord, Lord Forsyth, pointed out, will now be regained. It also meant that the motley crew of MPs who tried to thwart the result of Brexit were swept away like chaff behind a combine—gone—and will not even merit a footnote in history.
I welcome the withdrawal Bill, particularly Clause 33, which makes it clear that the implementation period will end on 31 December this year. Noble Lords have complained about that but, again, the noble Lord, Lord Forsyth, is quite right that the time for parliamentary games is over. We are leaving the EU in 18 days’ time so put out more flags—as long as they are not EU flags.
(4 years, 10 months ago)
Lords ChamberMy Lords, there have been a lot of mentions today of the last time Parliament met on a Saturday. On that occasion, I had the great privilege of participating in the debate in the other place, and a really dramatic debate it was. I am not the only speaker today, however, who spoke in it. The other is our parliamentary national treasure the noble Lord, Lord Cormack, whose speech I look forward to later—although my noble friend Lord Rooker intervened from a sedentary position. Nothing changes. The late Lord Carrington, who led the debate, is very sadly no longer able to be with us but neither is the honourable tradition of ministerial resignation, which he showed on the Falklands, although he had no personal responsibility or fault then.
Today we have two questions: how did we get into this mess and how do we get out of it? David Cameron is the prime culprit—for trying to solve the chronic Tory division on Europe not by trying to reform the European Union to make it more acceptable to us, but by this referendum. He then ran a feeble campaign—nearly as feeble as my own leader’s. The skulduggery of the leavers, who were more astonished by their victory than the rest of us, was part of the reason we are in this mess now. Theresa May missed every opportunity to get out of it and now we have this cliffhanger down the Corridor.
I cannot fault the PM for his determination, his sleight of hand or his back slapping—it makes a change from back stabbing—but I can fault him for his duplicity, as other noble Lords have said: that is how he achieved this deal. I understand the Liberal Democrats wishing to grab the opportunity of leading the remain campaign. We are not going to let them, by the way; we are equally part of it. I understand the SNP’s desperation to get an election before they are faced with the trial of the century, which will be fascinating. However, I am astonished by any Labour MP supporting Johnson’s deal. First, so-called Labour leave constituencies are mirages. It was the Tories and the Brexit voters in those constituencies who voted to leave. Most Labour voters voted to remain, and now they will be tempted to go to the Liberal Democrats or the Greens. What a false thing the Labour MPs in those constituencies are doing .
Secondly, as the right reverend Prelate the Bishop of Leeds rightly said, MPs are not delegates. They have a duty to lead, not to follow—to convert and convince their electorate. I did it as an MP, as did my noble friend Lord Reid and others. We convinced them on capital punishment, on abortion, on devolution and, indeed, on Europe. The Labour Party used to be against it; we convinced them to be in favour of it. As my noble friend Lord Rooker said, Europe is a beacon on food safety, workers’ rights, consumer protection and environmental protection. That is why we should be staying in Europe. Any assurances that Labour MPs get from this Prime Minister are totally worthless. He is, we know, an inveterate liar and the sooner people recognise that the better. Mark my words: if one Labour MP helps Boris Johnson to get a majority of one, he or she will rue this day. I hope there is not; I hope the agreement will be defeated. Like so many on this side of the Chamber—and, indeed, some on the other—I hope we will go back to the people and, now that we know the reality of Brexit, give them the opportunity to decide the way forward once again.
(4 years, 11 months ago)
Lords ChamberNo matter how many times noble Lords wish to press me on this, I am afraid I have given the answer that I am going to give. We will of course abide by the law of the land; we are a law-abiding Government. Democracy in this country rests on adherence to the rule of law and we will abide by it.
My Lords, on another aspect of this, what is the parliamentary authority for the huge expenditure on the advertising campaign Get Ready for Brexit, when the House of Commons has decided specifically against a no-deal exit on 31 October and has not decided in favour of a deal for exit on 31 October? On what basis is that money being spent?
The noble Lord is an experienced parliamentarian, so he knows very well the answer he is going to get on this matter. Under the European Union (Notification of Withdrawal) Act 2017, this House and the House of Commons voted to invoke Article 50, and the consequence of Article 50 is that we leave two years after the expiration of Article 50 unless there are extensions granted. The legal default remains that we leave on 31 October. The noble Lord can shake his head; I do not know whether he voted for that legislation or not, but the majority in both Houses did so. That is now the law of the land, and therefore we have to assume that that is the legal default in the absence of anything else happening.
(5 years, 2 months ago)
Lords ChamberI take the noble Baroness’s point: I was being slightly facetious in my answer. Of course there is interest in what the policy of the next Prime Minister will be, but I do not know who that person will be yet and therefore I do not know exactly what that policy will be.
My Lords, might there be an opportunity for the House of Commons to indicate what alteration to the present agreement it is seeking? I have not yet seen a detailed amendment proposed in the House of Commons to the existing agreement in the hope that a modification of it could be agreed.
As always, my noble and learned friend makes some wise points, but an amendment was agreed in the House of Commons: the so-called Brady amendment on alternative arrangements to ensure no hard border. That remains the one positive amendment passed, indicating where support in the House of Commons might lie, but of course we need to persuade the EU of the merits of that.
I am always happy to give way to the noble and learned Lord, Lord Mackay of Clashfern, for whom the House has the greatest respect. However, as even this House seems to be exhausted by this issue and as discussions appear to be in limbo, what is the Minister doing with his day?
This morning, answering the noble Lord’s question. My time is gainfully occupied. I was in Portugal last week to sign a treaty on reciprocal voting rights to ensure that UK citizens in Portugal and Portuguese citizens in the UK can participate in local elections. We are pursuing a number of such treaties. We are also getting on with no-deal preparation because, as I have repeated many times, that remains the legal default.
(5 years, 2 months ago)
Lords ChamberA lot of the preparation that was done is still in place. Some immediate urgent actions were put in place in preparation for a possible leaving date in March; these of course were no longer required so the individual communications hubs were stood down, but we remain in full readiness for the next potential leaving date which is 31 October.
My Lords, I think the Minister misunderstood the question from the noble Lord, Lord Bridges. He did not ask about the warnings and notices to go out to individual organisations but for a comprehensive account of all the preparations, in every area, undertaken by the Government in the event of no deal. What is to prevent the Government producing such a comprehensive account and us debating it?
I answered my noble friend in full. We have produced these technical notices to businesses and have engaged in extensive discussions, in this House and in the other place, including appearing before Select Committees—many of our officials have appeared in front of committees as well—to update Parliament as far as we are able on the preparations that we are undertaking.
(5 years, 3 months ago)
Lords ChamberThe noble Lord is asking me hypothetical questions. I remain confident that Parliament will want to reflect the result of the referendum, that it will see the messages that are being transmitted by the electorate and that it will want to make sure that the referendum result is honoured and that we leave the EU in a smooth and orderly manner.
I wonder whether the Minister can confirm that the Brexit shambles is one of the few fiascos that we cannot blame on Chris Grayling.
(5 years, 3 months ago)
Lords ChamberTo ask Her Majesty’s Government what representations they have received from the Chief Minister of Gibraltar regarding the United Kingdom’s departure from the European Union.
Ministers and officials from across government have worked closely with the Government of Gibraltar throughout the EU exit process to ensure that their priorities have been properly taken into account, including through the Joint Ministerial Council (Gibraltar EU Negotiations), which has met regularly since the referendum, most recently on 9 April.
My Lords, of course the Government of Gibraltar are co-operating with the UK Government on Brexit—they have to—but is the Minister not aware that the Chief Minister of Gibraltar has made it absolutely clear that his preferred option, and that of the people of Gibraltar, is to revoke the Article 50 withdrawal and stay in the European Union? Why are the Government ignoring the problem of the border between Gibraltar and the European Union?
The Chief Minister said that the withdrawal agreement works for Gibraltar and that people who care about Gibraltar should get behind the Prime Minister and support her in delivering this deal for the United Kingdom and Gibraltar. I am somewhat surprised to see the noble Lord raise the point about revocation, because I understand from the noble Lord, Lord Adonis, that it is now Labour’s policy to support the result of the referendum.
(5 years, 5 months ago)
Lords ChamberMy Lords, it is indeed a great pleasure to follow the noble Viscount, Lord Hailsham—an old adversary of mine in the other place. As noble Lords have heard, he is a very powerful advocate, and it is much better to be on the same side as him. I agree with almost everything that he has said today but I want to make it clear that I totally support the Motion to revoke Article 50 in the name of my noble friend Lord Adonis.
I need to explain why I have adjusted my view since the last time I spoke, which was some time ago. Unlike the noble Lord, Lord Newby, I have not spoken in all 13 of the debates—mind you, he gets better as he goes along. When I last spoke, I said that, although revoking was my preferred option, I reluctantly agreed that we needed a referendum to finish the job because it started with a referendum. However, that brings me back to June 2016, when I was against having a referendum. I have always been against that. Indeed, the nicest thing that Gisela Stuart ever said about me was that I was against a referendum. In fact, that is the only nice thing she has ever said about me.
One reason I was against it was that in referenda people vote for reasons other than the question on the ballot paper. I remember that in 1979 we did not get a Scottish Assembly because the Callaghan Government were unpopular after the winter of discontent, and there has been no less popular Government than the Cameron Government when we went into the referendum in 2016. My view is that that is why a lot of people voted in the way that they did.
This referendum was corrupted and there was cheating in it. There was overspending, as the Electoral Commission has said. Indeed, as I understand it, the High Court has said that, if it had been a mandatory referendum, it would have been illegal. However, it was only an advisory referendum, so it did not matter that all those mistakes were made. However, that reminds us that it was an advisory referendum, so it should not be taken by the Government as an instruction.
One might challenge me that the same applied the last time I spoke about the referendum, and indeed I said much the same about it then. What has changed? What has tipped the balance? Above all, as the noble Lord, Lord Tugendhat, rightly said, there has been a sea change in public opinion since then. Now, all the implications of Brexit are known—people are made aware of the reality. It may be okay for Farage with his wealth, or for Rees-Mogg with his trust in Ireland, but ordinary people are beginning to realise that it is a disaster. This is being shown, first, in opinion polls. An analysis of 200 opinion polls showed that a majority of between 6% and 12% are now in favour of remain, whereas in June 2016 it was a majority of about 3% or 4% for leave. A second indication is the march on Saturday of over a million people from every part of the United Kingdom—not the metropolitan elite, as some say. They came from every corner of the United Kingdom and tramped through London to express their view. That shows strength; coming to London to express that view takes a lot more than just going to the ballot box.
Thirdly, the petition is astonishing, the biggest there has ever been: to date, over five and a half million people and rising at the rate of a few hundred thousand every hour. The petition is not for a referendum: it is to revoke and stay. I am glad to say that it was started by a 77 year-old lady, as my noble friend Lady Bakewell and I—I declare an interest as chair of Age Scotland—do a lot to promote the advantages of older people taking initiative. The fact that Margaret Anne Georgiadou took this initiative is very encouraging and the fact that five and a half million people have already followed her is even more so.
It is still possible to argue that we should nevertheless have a people’s vote—a second referendum—to prove the case. Leavers are not keen on a second referendum; does this indicate that they are not confident they would win again? Perhaps it does. However, one of the strong arguments against having a second referendum now, and for asking Parliament—urging the other place, in particular—to agree to revoke Article 50, is that the period of time needed for a referendum would continue the uncertainty; we might also end up with more lies and cheating unless we tightened up the rules. For a variety of reasons, I am not in favour, as I have said. There would be more jobs lost, just as we are losing jobs in every part of the United Kingdom at the moment, because of the threat and uncertainty.
Parliament now needs to step in, take up responsibility and accept that no Brexit is good for Britain. The best option is for us to remain part of the European Union—but remain and reform. Not just in Britain but in other countries of Europe, people think that the European Union needs reform. Every institution needs reform, including even—some people think—the institution that we are in now. Britain could be leading in Europe, not leaving Europe; that should be our slogan. So I hope we can send a message to the other place to revoke withdrawal.
Finally, having followed my old adversary, the noble Viscount, it is a great pleasure for me to hand the baton over to the person described by my noble friend on the Front Bench—
I hand the baton to the person described by my noble friend Lady Hayter as a national treasure: that is, the noble Lord, Lord Hennessy.
I do not want to go further than the comments of the Prime Minister which I have just quoted. This is in line with her comments on 26 February, when she said:
“So the United Kingdom will only leave without a deal on 29 March if there is explicit consent in this House for that outcome”.—[Official Report, Commons, 26/2/19; col. 166.]
I will reply to my noble friend Lord Balfe, who called for an indefinite extension to Article 50. I am afraid to tell him that that is not possible. Any extension has to have an end date. As he will know from European law, Article 50 is a mechanism for leaving the EU, and an indefinite extension is, of course, not leaving.
Many noble Lords spoke about revoking Article 50 and mentioned the online petition and the march that we saw at the weekend. I noticed that the noble Baroness, Lady Hayter, spoke approvingly of both, but carefully avoided committing her party and saying whether Labour is actually in favour of either of those options. Indeed, if she carries on sitting on the fence, she might end up with spelks in her posterior. There is no doubt that there are clear and strongly held views on both sides of the debate. That has been clear since the referendum, when the largest democratic exercise in our history took place, with 17.4 million people voting to leave—as noble Lords are no doubt tired of me saying.
My old sparring partner, the House’s resident heckler, the noble Lord, Lord Foulkes, and indeed the noble Baroness, Lady Altmann, talked about the impressive march and petition. They were indeed impressive. Let me say, however, that we govern this country by the ballot box and by this Parliament and not by numbers on demonstrations, or indeed by internet polls. I noticed that the noble Lord, Lord Goldsmith, was very careful not to mention either—because, of course, he was a member of the Blair Government when we had a similar, and even bigger, demonstration against the Iraq war and by the Countryside Alliance—and we all know what happened as a result of those demonstrations.
The noble Lord, Lord Adonis, slightly bizarrely called on us to revoke Article 50 and then to hold a referendum. I agree with the point that the noble Lord, Lord Trevethin and Oaksey, made on this. It seems slightly strange. If we do that, what are we going to hold a referendum on? Is he seriously saying that we could revoke—in other words, tell the EU unconditionally that we are going to stay as members and then maybe, possibly, decide that we are going to leave again? I think that that was possibly one of the more ridiculous of his strange ideas.
The Government have long been clear that failing to deliver on that vote would, in our view, be a failure of our democracy. On this point I agree with the noble Baroness, Lady Deech. In response to my noble friend Lord Hailsham, it remains a matter of firm policy that this Government will not be revoking Article 50 because to do so would contradict the result of the first people’s vote, which we are committed to respecting. This Government are committed to delivering on the result of that referendum and leaving in a smooth and orderly way.
I was particularly struck by the interesting and insightful speech by the noble Baroness, Lady Smith of Newnham. She referred, for noble Lords who did not hear her, to her sadomasochistic tendencies. Now, before noble Lords get too excited, she was referring to a forthcoming book, which we will all read with great interest, on the history of European referenda, and how she thought referenda were a device for demagogues and dictators and were always a bad idea, but maybe we should have just one more of them, so bad are they. Of course, ignoring referendum results is a common feature of the European politics that she studies so closely.
A number of noble Lords, including the noble and learned Lord, Lord Hope, and the noble Viscount, Lord Hailsham, spoke about the European Parliament elections, a subject very familiar to the noble Baroness, Lady Ludford, the noble Lord, Lord Balfe, and of course myself. The Prime Minister has been clear that, should there be a further extension to Article 50 beyond 22 May, that would mean participation in the European elections. As she has said before, it is our firm belief that it would be wrong to ask the people of the United Kingdom, three years after voting to leave the EU, to then vote in the European elections.
Why do the Government think it is a particular burden to undertake European elections? Is it not a positive exercise in democracy that the Minister should welcome for a number of reasons? Will he confirm that it would in fact be possible for Peers to participate in those elections?
I think I answered the first point in my statement, but I think it is possible for Peers to participate. A number of Peers have been Members of the European Parliament, but of course they need to suspend their membership of this House while they are in the European Parliament. As we do not want it to happen, we do not need to speculate further about that.
In response to the point made by the noble Lord, Lord Newby, about amendments in the Commons, I think he spoke approvingly of some of the amendments in tonight’s House of Commons vote. I assume that he was not so approving of the one last week in which they voted decisively against a further people’s vote.
(5 years, 5 months ago)
Lords ChamberMy Lords, I agree with the noble and learned Lord, Lord Hope, on the specific point relating to Scotland. However, I wonder if the noble Lord, Lord Callanan, really wants to proceed with this SI today, given that yesterday, after the Prime Minister made her astonishing statement from Downing Street, an additional 200,000 people immediately signed up to the petition to revoke Article 50. Now more than half a million people have signed that petition. In fact, so many wanted to sign it that the website collapsed and is now being repaired so that more people can sign. In the light of that and all the other surrounding circumstances, does the Minister think it is wise to proceed yet again with this particular statutory instrument?
Unsurprisingly, the Minister does think that we should proceed with this particular statutory instrument and I am sorry that the noble Lord was not able to come along to the committee where we discussed it. If it is helpful to him, I shall set out what it actually does. Perhaps many people do believe that Article 50 should be revoked. That is not the policy of my party and as far as I know it is not the policy of his party. Were that eventuality to come to pass, although I do not think that it will, of course none of these amendments will take effect because we would not then have a leaving date. They come into effect only when we leave.
For the noble Lord’s information, let me summarise briefly what the statutory instrument does. It sets out what happens to non-ambulatory cross-references after exit day and how references made to EU legislation after exit day are to be read. The SI also amends domestic interpretation legislation to ensure that it is adequately referenced and incorporates retained EU law; that is, the new body of domestic law created by the European Union (Withdrawal) Act. Finally, this SI repeals and revokes various pieces of EU-derived domestic legislation that will become redundant on exit day. The noble Lord will notice the references to “exit day” in the regulations.
(5 years, 5 months ago)
Lords ChamberThe noble Lord is correct, in that the legislation on European elections would have been abolished through statutory instruments laid under the EU withdrawal Act. I do not think those instruments have been tabled yet but if they were then they would not take effect, as many of those SIs do not, until our exit date. So if our exit date is postponed, they would of course take effect at that date.
My Lords, I am surprised that the Leader of the House is not replying to this Question, since it covers a wide variety of things. Can the Minister confirm that he and other Ministers speaking from the Dispatch Box speak on behalf of the whole Government, not just whichever department they are associated with? Is it not clear to him, the Leader of the House, the Chief Whip and everyone concerned that there is absolutely no way that we are going to exit the European Union at the end of this month? Irrespective of what happens in the other place, there is no way that the legislation can get through. Will the Minister at last admit that and accept reality—and accept the financial penalty that he is going to incur?
I am sorry that my answering questions in the House is such a disappointment to the noble Lord but I am sure he will get to hear from the Leader in due course. I can only repeat that the legislation which this House has passed says that we leave on 29 March. That is what Article 50 says. If there are votes in the debate taking place in the other place, that may change but at the moment that is the legal position. The noble Lord may shake his head but those are the facts. It is what we have legislated for, in this House and the other place.