European Union (Withdrawal) Bill

Lord Foulkes of Cumnock Excerpts

Committee: 7th sitting (Hansard): House of Lords
Wednesday 14th March 2018 Lords Chamber

[Baroness Randerson (LD)]

My Lords, I shall speak to Amendment 147C. In this rather pick-and-mix debate, as we go from one important topic to another, my amendment refers to transport. Our transport systems operate on a system of ongoing reciprocal arrangements and there is no WTO fallback position—indeed, I spoke about this in the early hours of yesterday morning. It is essential that we remain part of the arrangements that already exist, because our whole economy and society stand on the shoulders of our transport systems.

[Lord Foulkes of Cumnock (Lab)]

The noble Baroness described this as a pick-and-mix debate. Is there not one thing in common, that in every case we would be much better remaining in the European Union?

[Baroness Randerson]

The noble Lord makes an excellent comment. I am not in any way undermining the debate. I said that these are really important topics. Of course, the one thing they have in common in the pick-and-mix—they are all sweets—is that they are all really important aspects that we need to remain part of.

If our transport systems stop, we all stop. It is essential that we continue with the existing international arrangements. In transport, it is estimated that there are some 65 of these sets of international arrangements in total. Do not worry, I am not going to go through all of them, but to illustrate, I spent yesterday in the Moses Room debating the Haulage Permits and Trailer Registration Bill, which is being rushed through here because the Government have discovered that for lorries to continue to travel abroad and vice versa, and for us to continue to be able to drive abroad, we might need to fall back on the Vienna convention of 1968 and the Geneva convention of 1949.

We signed the Vienna convention but we never ratified it. We did not need to because we joined the EU. We now need to do so, for which we have to give a year’s notice. Noble Lords might wish to think about what this country will be doing if the Government have their way in a year’s time. Therefore, that Bill is in a bit of a rush. It was not expected and it was not in the Queen’s Speech. It has clearly been put together by the Government at great speed because it is a very skeletal Bill. Indeed, the Delegated Powers Committee report called it not so much “skeletal”, more of “a mission statement”. We have no idea what system the Government will introduce in the regulations. Therefore, it is important that we retain the right to know what will be put forward to scrutinise it. At the moment it allows for only negative instruments, which is very unsatisfactory.

That example does not inspire confidence that the Government are on top of the job. There are probably other corners of the world of international transport that they have not come upon yet. Another example is the open skies agreement between the US and the EU, which we are a member of by virtue of being a member of the EU. I have a Private Member’s Bill on this that your Lordships might like to support. Without this agreement, planes will be grounded. It affects flights to and from the US, as well as within the EU. It affects not just our right for planes in Britain to fly to EU countries, but our right for them to go from one country to another in the EU. It is not easy to renegotiate this because of the complex ownership of our major airlines, several of which have a majority foreign ownership, although they are UK-based airlines. By the international judgment on these things, when we cease to be a member of the EU they in effect cease to be UK airlines, or could cease to be.

There is also the European Aviation Safety Agency, of which we have been a predominant member. It is very important that we remain a member of it. There are many other agreements relating to railways and a whole host of agreements associated with the maritime industry, including many that affect the protection of workers.

The noble Baroness, Lady Crawley, has already amply illustrated the importance and impact on consumer rights of these international agreements. Consumers in Britain have benefited enormously from the rights given to them, for example in relation to air travel, as a result of international agreements of which we are members.

The new customs we will have to be part of will have a major impact on our haulage and international travel sector. The British Retail Consortium believes that 180,000 UK companies, many of them small and medium-sized enterprises, will be drawn into customs declarations for the first time with new excise and VAT systems. Although they have exported, they have done so entirely to the EU and therefore have not had to have these customs arrangements. When they talk to me, they describe the huge cost to them of becoming involved in all these new systems. As this is such a massive topic, I am not going to produce any more examples, but I can assure noble Lords that there are many dozens more.

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[The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)]

My Lords, there is a theme that recurs in many of our debates on the Bill; and perhaps in this debate most of all. I think the noble Lord, Lord Addington, expressed the view that this Government somehow do not respect Parliament, do not understand its place in the constitution and are somehow seeking to work around it or sideline it. With respect, I hope to demonstrate that this suggestion is unfounded. Let me be clear and emphatic. Given Parliament’s pre-eminent position in our constitution, it is not possible for the Government to disregard it or work around it—and nor, of course, would it be desirable for them to seek to do so.

[Lord Foulkes of Cumnock]

Why, therefore, did Gina Miller have to take the Government to the High Court?

[Lord Callanan]

That is a separate issue—but we respected the outcome and the Article 50 Bill was, of course, approved by Parliament.

The need for parliamentary assent to executive action is woven into our constitution at every juncture, and rightly so. Of course, on occasion Parliament puts a question to the electorate directly for their views. The debate we are having today—and had on previous days—is of course the result of one of those occasions. In the course of the debates on this Bill, it has been asserted that it has profound constitutional implications, and so it does. However, I am wary of endorsing some of the language that has been used with regard to the delegated powers in this Bill.

If noble Lords have some time to take a look at the draft statutory instruments that we published last week, they will perhaps see what I mean when I say that there is a profound disconnect between the picture painted at times in this House of the types of powers we are taking and the actual uses to which we propose to put those powers. I urge noble Lords to look at these draft instruments on the GOV.UK website.

The group of amendments we have been debating so far today and the group to which we will turn next do of course raise some profound constitutional questions. They require us to ask ourselves who can act on the international plane on behalf of the UK, and how the mechanisms of control and accountability operate for the conduct of such action. They pose the question of if and how there should be a role for the courts in examining the conduct of those negotiations. They also pose questions about the circumstances—if any—in which it would be appropriate for Parliament to consider action that goes against a decision made in a referendum.

Our debate here today has, understandably, touched on a number of different areas. However, I now wish to address the core theme of the amendments in this group: that it is for the legislature to set the mandate for the negotiations that the Government are currently undertaking with the EU. It was right that the electorate had the opportunity to make its voice heard at the last election, and the result of that democratic exercise was the return of the Government in their current form, to pursue their stated objective of a deep and special partnership with the EU.

Most of the amendments in this group are attached to Amendment 142, moved by the noble Lord, Lord Monks, and they raise important and valid issues in the context of our future relationship with the EU. I reassure noble Lords that I will revisit these issues later in my response. However, as a point of principle, it is not beneficial to enter into a negotiation with a number of domestic constraints on exactly what we can negotiate. Flexibility is necessary for a successful negotiated outcome.

The challenge now is to make a success of our exit and get the best deal possible for the UK, so that this House, the other place, and our national conversation more broadly can turn to discussing and taking decisions on what kind of country we wish to be after we have concluded our negotiations with the EU. After exit, and once we have negotiated the new deep and special partnership, great opportunities for new decisions will open up in this Parliament and in the devolved legislatures.

In case it appears that I am trying to exclude the role of Parliament in shaping our negotiating objectives, I once again reassure the Committee that I am doing nothing of the sort. Parliament does not need to go beyond our settled constitutional boundaries and set mandates in order to exert profound influence over the conduct of the negotiations. We take incredibly seriously our need to keep Parliament apprised of the Government’s negotiating intentions. That is for the purpose not just of transmitting information but of inviting scrutiny and allowing Parliament and its committees to take informed views. Government positions are created, tested and refined in the light of continual challenge from this Parliament. We are mindful always of the Government’s ultimate accountability to Parliament, and in this particular circumstance we are mindful, too, that we will be seeking Parliament’s approval of the agreements that are currently under negotiation.

European Union (Withdrawal) Bill

Lord Foulkes of Cumnock Excerpts

Committee: 7th sitting (Hansard - continued): House of Lords
Wednesday 14th March 2018 Lords Chamber

[The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)]

My Lords, this group of amendments—frankly, I have lost track of who moved what and which ones are in the group, but I will be generous and address all the issues that were part of the original grouping under the amendment tabled by the noble Lord, Lord Adonis, although the noble Baroness, Lady Kramer, has moved Amendment 183—addresses two quite distinct institutions, the European Bank for Reconstruction and Development and the European Investment Bank, including its subsidiary, the European Investment Fund. If the Committee will permit, I will address each of them in turn.

The European Bank for Reconstruction and Development is an international financial institution that is based in London and is subject to its own establishing agreement through a multilateral treaty that was laid before Parliament in 1990. The EBRD is led by a British president, Sir Suma Chakrabarti, who in 2016 was re-elected to serve a second four-year term. The bank is not an EU institution and therefore the UK’s membership is fully independent of EU membership. As such, the European Council does not have dominion over the membership or operation of the EBRD. The UK’s exit from the EU will not have any bearing on the location of the bank’s headquarters in London, which is enshrined in its articles of agreement. The EBRD has also publicly reiterated that Brexit will have no impact on the UK’s membership and the London headquarters. Amendment 167 is therefore unnecessary and would have no effect on UK membership, which will continue unaffected after the UK leaves the EU. The Government have made it clear in recent Answers to Parliamentary Questions that the UK remains firmly committed to the EBRD and that exit from the EU will have no impact on our continuing membership. With that reassurance, although I am not sure whether the noble Lord moved the amendment, I hope that he will feel able not to press it.

Amendment 227BC would create a negotiating objective for the UK to remain a full member of the European Investment Bank. The EU treaty defines members of the EIB as EU member states. It also sets out that only members can hold capital in the bank and participate on its board. That means that in March 2019 the UK will no longer be a full member of the EIB, as it will no longer be a member state of the European Union. However, let me reply directly to the questions put by the noble Lords, Lord Adonis and Lord Tunnicliffe, and the noble Baroness, Lady Randerson. The Chancellor has made it clear that the UK considers that it may prove to be in the mutual interest of all sides for the UK to maintain some form of ongoing relationship with the EIB group after leaving the EU. The UK will explore these options—

[Lord Foulkes of Cumnock (Lab)]

Why did the Minister say “may” when surely he means “will”? Will he think again about that?

[Lord Callanan]

If the noble Lord will forgive me, I will use the words as I have said them. These issues are matters for negotiation, so we will use the word “may” instead of “will”. Obviously, we cannot impose our will on our negotiating partners. The UK will explore the options with the EU as part of the negotiations on the future relationship.

Perhaps I may use this opportunity to respond to the question put by the noble Lord, Lord Adonis, on agencies. I think that I indicated to him during the debate that the list issued by the Prime Minister was not necessarily an exclusive one and that we are considering carefully a range of options. Where there is a demonstrable national interest in pursuing a continued relationship with an agency or other EU body, the Government will carefully consider whether we should pursue it, at which point of course it will be a matter for the negotiations. We will continue to update noble Lords on our negotiations, subject to the usual caveat of not undermining our negotiating position.

Amendment 227BC seeks to make it an objective of the Government to achieve a particular outcome in the negotiations on our future relationship with the EIB. It is important that the Government should maintain negotiating flexibility in this and all other areas in order to achieve the best deal for the UK. However, as I said, we have not discounted maintaining some form of ongoing relationship, if that supports an overall deal. I hope that that will be sufficient for the noble Lord not to press his amendment.

Amendments 183 and 187 would require the Chancellor of the Exchequer to publish a strategy for retaining access to the EIB and the EIF. As Parliament has agreed, we will not publish anything that would undermine our ability to negotiate the best deal for the United Kingdom. Any information on potential economic considerations and negotiating strategy is important to the negotiating capital of all parties. Publishing a statement from the Chancellor setting out the strategy for retaining access to the EIB and its subsidiary, the EIF, will ultimately harm our negotiating position. However, as I said in response to Amendment 227BC, I can assure the Committee that we have not discounted maintaining some form of ongoing relationship with the EIB group if that proves to be part of the best overall deal for the UK.

The noble Baroness, Lady Kramer, asked about the British Business Bank.

European Union (Withdrawal) Bill

Lord Foulkes of Cumnock Excerpts

Committee: 3rd sitting (Hansard - continued): House of Lords
Wednesday 28th February 2018 Lords Chamber

Moved by

[Lord Foulkes of Cumnock]

23: After Clause 3, insert the following new Clause—
“Strategy for economic and social cohesion principles derived from Article 174 of TFEU
(1) The Secretary of State must, before 31 December 2018, lay before Parliament a strategy for developing principles for economic and social cohesion derived from Article 174 of the Treaty on the Functioning of the European Union (TFEU).(2) The strategy laid under subsection (1) must state the principles derived from Article 174 of TFEU.(3) The principles under subsection (2) form part of domestic law on and after exit day.(4) The aims of the strategy under subsection (1) are—(a) to reduce inequalities between communities, and(b) to reduce disparities between the levels of development of regions of the United Kingdom, with particular regard to—(i) regions with increased levels of deprivation,(ii) rural and island areas,(iii) areas affected by industrial transition, and(iv) regions which suffer from severe and permanent natural or demographic handicaps.(5) A Minister of the Crown may by regulations make provision for programmes to implement the strategy.(6) Programmes under subsection (5) shall run for a minimum of 10 years and shall be independently monitored.”

[Lord Foulkes of Cumnock (Lab)]

My Lords, it is a great pleasure to move this amendment and I am glad that we have got to it at last. It is tabled in the names of my noble friends Lady Royall of Blaisdon and Lord Judd as well as mine. I am pleased to see my noble friend Lord Judd in his place. My noble friend Lady Royall has asked me to pass on her sincere apologies for not being able to be present for the debate, but in no way is that a reflection on her enthusiasm for the amendment—quite the reverse.

The amendment proposes a new clause be inserted into the Bill to incorporate Article 174, Title XVIII of the Treaty on the Functioning of the European Union into domestic law. This would require the Secretary of State to lay before Parliament, before the end of December 2018, a strategy for the future provision of funding and other support to achieve economic and social cohesion across the regions and nations of the United Kingdom. All noble Lords will know that the European Union cohesion policy has been very effective in ensuring that the less developed and transition regions have access to operational programmes and funding to support economic growth across the whole of the European Union, and thus have been able to develop.

Once the United Kingdom leaves the European Union—in my context, I should say if the UK leaves the EU—this proposed new clause will be necessary. However—I will never give up—I sincerely hope that the clause, and indeed the Bill, will be unnecessary, but since we are moving in a particular direction we need to make sure that safeguards are in place. This amendment would ensure that the principles of social and economic cohesion which the UK regions would have qualified for under the EU cohesion programme, along with the funding after the date of exit, are continued and that the Government will go on with the aim of strengthening and rebalancing the entirety of the union, including the regions of England as well as the devolved nations.

I hope that when the Minister comes to reply—she is my good friend and she had a good birthday celebration yesterday—which I am pleased to say makes it an even more interesting and enjoyable debate, she will be able to give us a clear assurance on this. Some vague promises have been made. It has been suggested, or perhaps hinted, that the block grant might be adjusted to take account of the money that will be lost through the non-availability of these cohesion funds. As far as Scotland, Wales and Northern Ireland are concerned in terms of the block grant, it is never guaranteed to include everything that it is supposed to include. We would never be able to check that the grant was going to be that much greater than it would have been otherwise, if the cohesion fund had not been included. Anyway, what about the parts of England that have been benefiting from the fund? They do not get a block grant, so will the adjustments to local authorities be changed? Local authority incomes are being cut and they are not getting any extra money, so it will be even more difficult for them. This amendment would guarantee that the funds would be available.

Let us take a closer look at the regions that have qualified for cohesion funding. Those which receive assistance are described as either less developed or transition regions. Of course, once a less developed region gets assistance and develops, it then becomes a transition region. It will still qualify for cohesion funding, but to a lesser extent. A region is less developed if its per capita GDP is less than 75% of the European Union average. In the 2014 to 2020 period, the less developed regions of the United Kingdom have been allocated £2.6 billion. Those are Cornwall and the Isles of Scilly, and West Wales and the Valleys. A region is in transition if the per capita GDP is more than 75% but less than 90% of the European Union average. In the 2014 to 2020 period, £2.5 billion was allocated to those regions, which are Northern Ireland, the Highlands and Islands of Scotland, Cumbria, Tees Valley and Durham, Lancashire, South Yorkshire, East Yorkshire, Lincolnshire, Shropshire, Staffordshire and Devon. It is also worth noting that the majority of these qualifying regions could be described as rural, coastal or peripheral parts of the United Kingdom and are therefore in great need of this kind of assistance.

I want to give some examples of the kind of money that will be lost and the kind of projects that will be affected. I shall first mention Cornwall and then Scotland. I refer to Cornwall because I was inspired to table this amendment by Clare Moody, the Member of the European Parliament who represents Cornwall and other parts of the south-west of England. I am grateful to her for her assistance in this. My first example is something called Launchpad, which received almost £10 million worth of European Regional Development Fund money. Launchpad is a graduate start-up programme run by Falmouth University that aims to give participants the skills to develop a project from inception to a sustainable, high-growth potential company in just two years. It will support graduates to develop new products and processes in response to market demand, focusing on the digital games and interactive technology sectors. These sectors are rapidly developing. That money would continue to be available right up until the end of the period if we were still in the European Union, but if we go out there is no guarantee that it will continue and Falmouth University will not be able to continue the programme. We need some kind of guarantee from the Minister and the Government that such projects will continue to be supported.

Another example from Cornwall is CETO Wave Energy, which gets £9.5 million from the ERDF. This project aims to build a wave energy converter device at the Wave Hub off the north coast of Cornwall, near Hayle. By developing a 1 megawatt device connected to the national grid, the project will advance wave energy technology and demonstrate its commercial viability. That is good not just for that area but for the country as a whole, and for trying to mitigate the effects of climate change as we develop wave technology. It is a very important area that is being funded.

Those are two projects from the ERDF. I will take one from Cornwall funded by the ESF, the stability fund. Some £1.3 million has been allocated to Skills for Young People. This project will provide skills development for young people not in education, employment or training—sometimes described as NEETs—or who are at risk of becoming part of that group. Managed by Careers South West and delivered by a range of partners, it brings young people closer to work and further learning. Again, it is a very important project in an underdeveloped area, Cornwall.

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[The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)]

It is our money.

[Lord Foulkes of Cumnock]

That is the constant refrain from the leavers. We heard it all through the referendum campaign: “It’s our money”. It is money from all the European countries that comes in according to their ability to pay and goes out to different parts of the European Union according to their needs, and rural areas, transition areas and less developed areas are those which get it. But that is not the argument here; we have had that argument. It has been made and we can have it in another place.

Wherever it comes from, that money is within the European Union budget at the moment and is then allocated to these projects in different parts of the United Kingdom. We are asking for an assurance—we need a guarantee—that, if we leave the European Union, this money will go to the same projects and be funded by the United Kingdom Government. I hope that the Minister will be able to give us that guarantee; such projects will otherwise have an uncertain future. People’s livelihoods depend on them; people who have put their lives into developing them are now faced with uncertainty. The only way in which they can be given some certainty is if the Government accept my amendment or something like it, and make sure that the money that they currently get from those European Union funds will come in future from Her Majesty’s Government.

[Lord Wallace of Saltaire (LD)]

My Lords, I apologise that I missed the first minute of the noble Lord’s speech. I want to stress, first, that the history of Article 174 is one of British leadership. The regional development fund was set up by one of the first British Commissioners, George Thomson, and was designed to help poorer regions in Britain and Ireland in particular cope with the impact of joining the European Union—it is very good that two of Lord Thomson’s sons-in-law are in this House and taking part in this Committee, although I do not see either of them in their place. I recall clearly how he carried that through the European Community, as it then was, in the early 1970s.

The article as we now have it was inserted into the Single European Act by the British Government as one of its flanking elements, but it was then transformed by Margaret Thatcher because she committed herself to eastern enlargement—one remembers the Bruges speech and the point she made about bringing Prague, Budapest and Warsaw back into Europe. The regional development fund within the European Union became very much part of how we have helped to spread prosperity, and therefore stability, democracy and security, into those new member countries. It is worth noting that Norway contributes to the European Regional Development Fund and that in any conceivable deal which we strike with the European Union after we leave—if we end up leaving—it is likely that we will be asked to contribute in the same way. The noble Baroness, Lady Deech, might say that this is dreadful because the European Union spreads conflict, but I think that the rest of us will agree that the European Union has helped to stabilise the former socialist countries of eastern Europe. One has only to move from Poland to Belarus to see how much difference it has made.

Now that we appear to be leaving, the question of what happens to this country and what reassurance the Government can give us about the future of regional development in it is important. The Prime Minister said when she came into office that she wanted to bring the country back together and to reunite this very polarised public we have had since the referendum, but let us remember that England has the deepest regional disparities of any country in Europe—the United Kingdom even more so—and that the areas which qualify for and benefit most from the European development fund in Britain are Yorkshire, the south-west, parts of Wales, the north-east and parts of Cumbria and Lancashire. Recent studies have suggested that Yorkshire and the north-east are the two regions which will suffer most from Brexit because our trade is most clearly across the North Sea, from Hull and Newcastle, and the damage will be severe. Can the Minister begin to give us some reassurance that the Government are alive to this issue and that, as they attempt to bring the country back together, as we hope they do, they will have an active regional policy to cope with the impact of Brexit?

I read the Yorkshire Post—published by a company that used to be called Yorkshire Conservative Newspapers—and the image one gets of views in Yorkshire from our media and gossip are: that we are now governed by a very Home Counties, southern-English Government; that the north is forgotten; that the northern powerhouse is a placard without much behind it; and that the spending in the north on infra- structure, innovation, schools in rural areas and elsewhere falls well behind what is given to government. I should have thought that might leave the Conservative Party very worried. In replying, can the Minister give us some assurance—and feed this back into the Government—that, as we move towards an apparently inevitable Brexit, the Conservative Government are thinking actively about the regional disparities we already have, are taking into account that poorer regions will suffer disproportionately from a loss of European regional funds and realise that compensatory action needs to be taken by the British Government to prevent that?

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[Lord Foulkes of Cumnock]

The Minister said that the Government would consult about the shared prosperity fund later this year. We are already 21 months past the referendum and, as my noble friend Lady Hayter said, have just over a year to go. When are we going to get the proposals? When are the people hoping to benefit from this actually going to see it? When is the consultation going to start? I hope the Minister will not say “shortly” but will give us some clear indication because, as my noble friend said, people are desperate to see it and to know the details.

[Baroness Goldie]

I shall come on to that and endeavour to address the points that the noble Lord has raised. I was merely going to observe to the noble Lord, Lord Wallace of Saltaire, who was concerned about what he saw as a sort of Home Counties-centric Administration, that, looking at this Front Bench, there is not much Home Counties representation here, with the honourable exception of the bicycling baronet. Across this Front Bench there is a genuine understanding of all parts of the UK—including, to be fair, the Home Counties—and that is very important. The Government are very anxious to reflect the pan-UK need and relevance in conceiving and constructing policy to address the issues that are the subject of the amendment.

As I understand it, the noble Lord’s amendment seeks to transfer the provisions of Article 174 of the Lisbon treaty, which provides the legal basis for EU cohesion policy, into UK law. Indeed, that policy is one of the key policies of the EU, as the noble Lords, Lord Foulkes and Lord Wigley, recognised. It recognises the importance of reducing inequalities between communities and reducing disparities across the EU. At the same time, leaving the EU allows the UK to begin to take its own decisions on the future of regional development. Arguably, perhaps, it will be better placed to ensure that those are better tailored to UK priorities rather than the priorities of the EU.

The noble Earl, Lord Listowel, raised important points, to which I listened with care. I think they are more a matter for the Ministry of Housing, Communities and Local Government and the revenue support grant, but I am informed that the local government financial settlement has allowed additional flexibility in meeting costs for adult social care, which I understand has been widely welcomed.

[Baroness Goldie]

I assure the noble Earl that I am listening to what he says.

The noble Lord, Lord Adonis, specifically raised the issue, which I will deal with here, of UK access to the European Investment Bank. The UK wishes to explore options for maintaining a relationship with the EIB in the second phase of negotiations. To avoid doubt, I say that the UK will leave the EIB when it ceases to be an EU member state, but that is all I am able to tell him at the moment. I think that will be an important feature of the second phase of negotiations. He rightly identified that the bank has been an important source of investment finance.

The noble Lord, Lord Foulkes, rightly wants to know the shape of all this and what the Government are actually doing. If your Lordships will permit me, I shall try to outline the situation. The Government have already set out their long-term strategy in many areas covered by the noble Lord’s amendment. In November, my right honourable friend the Secretary of State for Business, Energy and Industrial Strategy launched the Government’s industrial strategy, which sets out the long-term plan to boost the productivity and earning power of the UK. It sets out how we will help businesses to create better, higher-paying jobs in every part of the UK with investment in the skills, industries and infrastructure of the future.

The strategy will boost productivity and earning power across the country by focusing on five foundations of productivity. It is worth repeating them: ideas, people, infrastructure—in that connection, let me say that I listened with interest to what the noble Lord, Lord Adonis, said about the value of long-term strategic thinking; he made a number of important points, which the Government will want to bear in mind—business environment, and places.

All these foundations have links to cohesion policy, but it is perhaps that final foundation which is most relevant: places. This recognises that every region of the UK has a role to play in boosting the national economy, including North Yorkshire, to which the noble Lord, Lord Wallace of Saltaire, referred. The UK has a rich heritage, with world-leading businesses located around our country. Yet—and this is disappointing —many areas are not fulfilling their potential, and that despite receiving cohesion policy funding. The UK still has greater disparities in regional productivity than other European countries.

The challenges and opportunities facing us are shared across the union. We recognise that the devolved Administrations are acting to identify and deliver their own priorities, and we respect the devolution settlement. But devolution has never meant that the Westminster Government should stop delivering for people, businesses and places in the devolved nations.

As part of the industrial strategy, we will agree local industrial strategies that build on local strengths and deliver economic opportunities. We want to work with all relevant bodies in England and partners in the devolved nations to consider how local strategies can deliver for places in Scotland, Wales, Northern Ireland and, of course, England. I hope that that to some extent reassures the noble Baroness, Lady Hayter, who asked how all this would flow out across the UK. We are also introducing a new £115 million strength in places fund to build excellence in research, development and innovation across the UK.

We are already seeing the opportunities and benefits of a focus on places. In the year that we launched the northern powerhouse project, we saw productivity in the north rise at a faster rate than London and the UK average. We have also seen further exciting developments outside England. Our city deal programme demonstrates how the UK Government can work hand in hand with our partners in the devolved Administration Governments and local authorities to deliver co-ordinated, locally led interventions that have a real impact on local economies. As confirmed by the Chancellor in the Budget, we are currently working with regional representatives from Stirling and Clackmannanshire, the Tay cities, Belfast, north Wales and the border lands between Scotland and England to negotiate new city deals.

Meanwhile, under the people foundation, we also want to tackle regional disparities in education and skill levels so that we build on local strengths and deliver opportunities for people wherever they live. The industrial strategy will do this through a major programme of reform to ensure that our technical education system can stand alongside our world-class higher education system and rival the best in the world. There will also be investment of an additional £406 million in maths, digital and technical education, helping to address the shortage of STEM skills.

The industrial strategy recognises the importance of ensuring that all areas in all parts of the United Kingdom can meet their full potential. The strategy recognises that every region of the UK has a role to play in boosting the national economy, but the noble Lord’s amendment refers to a number of specific types of region in particular, including regions which suffer from what he described as demographic handicaps, and rural areas. These are very important matters. In responding to the challenges of demographic handicaps, the industrial strategy recognises these. The ageing society grant challenge aims to bring an innovation, productivity and growth lens to the challenges and opportunities of our ageing population.

[Lord Foulkes of Cumnock]

With respect, these are fine words beautifully delivered, but the word “guarantee”, which my noble friend Lord Judd mentioned, has not appeared so far. Will all those projects, three or four of which I described, and which reasonably expected funding right up to 2020, be guaranteed funding under the strategy described by the noble Baroness?

[Baroness Goldie]

The noble Lord would not expect me to be able to deliver specific information on figures. That would be unreasonable, but he knows that the Government fought an election on a manifesto commitment to replace the cohesion policy. I am outlining the structures on which the Government propose to base replacing that cohesion policy. I am trying to outline how that strategy has been constructed to have regard to the whole of the United Kingdom and to deal with the issues about which the noble Lord has expressed concern in his amendment.

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[Baroness Goldie]

I thank the noble Lord; I think he raised an important point. The Government, as my noble and learned friend Lord Keen said, are very keen to listen. One benefit of debates like this is that points arise which merit careful consideration, so I thank him for raising that point.

The amendment strayed on to a more technical area. It would create provision for a Minister of the Crown to make provisions for programmes to implement cohesion policy domestically. I argue, however, that these powers are unnecessary. For example, under Section 126 of the Housing Grants, Construction and Regeneration Act 1996, the Government already possess power to provide financial assistance for the areas currently supported by EU cohesion policy and European structural funds. It allows the Secretary of State to give financial assistance in activities that contribute to the regeneration or development of an area, which include contributing to or encouraging economic development, providing employment for local people and providing or improving training services for local people. These activities cover much of the support provided under current European structural funds.

I have tried to set out why I think the noble Lord’s amendment is not required. The Government already have an industrial strategy which covers many of the areas of the amendment. There are also existing powers in place that make the amendment unnecessary. I have endeavoured to outline our plans for new funding to replace cohesion policy programmes—I appreciate that it has not perhaps been with the detail that the noble Lord might be seeking, but I hope I can reassure him that there is a plan to provide successor mechanisms to the European funding sources. I hope I have tackled his concerns and I urge him to withdraw his amendment.

[Lord Foulkes of Cumnock]

My Lords, this debate has ranged rather more widely than I had expected, and the noble Baroness has given us a very comprehensive answer, for which I am grateful. I was particularly intrigued by the reference by the noble Lord, Lord Wallace of Saltaire, to George Thomson, who I remember very well. I see that the noble Lord, Lord Steel, is here; he will remember George Thomson, who represented Dundee before he became a Commissioner and was responsible for this major development within the European Community that we are talking about today.

He once told me that he was very excited at being selected as the candidate for the Member of Parliament for Dundee. He was employed by DC Thomson at the time and went to tell his employer that he had been selected as the prospective parliamentary candidate. He thought that his employer would be delighted. Instead, his employer said, “You realise if you’d stayed with us you could have gone on to be the editor of the Beano”. So instead of being editor of the Beano, he went on, thankfully, to do a very good job in the European Community.

[Lord Newby (LD)]

I am sorry to interrupt the noble Lord but as a representative of the sons-in-law of Lord Thomson of Monifieth, I should tell him that he was the editor of the Beano before he went on to a more serious job.

[Lord Foulkes of Cumnock]

How can I contradict a son-in-law? Without my noble friend Lord Liddle being present to advise me, I am not able to do so. I thought that my original story was quite funny; I wish it had been true. To return to the serious matter, because this is a serious matter, George Thomson left us a great legacy.

The noble Baroness has covered a lot of the issues. She has gone two-thirds of the way towards answering the points that I raised. She has given a very detailed and careful outline of the Government’s strategy, for which we are grateful, and has indicated that projects in the pipeline will be supported to the end of the current funding period, but it is beyond that that we are concerned about. We are concerned about continuity. That is something we need to pursue.

The noble Baroness also helped us a little on the UK shared prosperity fund and said that the Government would engage with that issue later this year. That could take us almost to the exit date, which will be a few months beyond that, so we need to be told about that soon. I hope that through a Written Answer or further discussion we might get a clearer indication of the timescale, otherwise, there will be a vacuum and hiatus there.

I will talk with my noble friend Lady Hayter outwith the Committee but we need to look at the Minister’s very comprehensive reply in detail and consider whether it would be appropriate to table an amendment along these lines on Report. I will withdraw my amendment but this is yet another example of the many dozens, if not hundreds, that we are discussing in this Chamber and outwith it where it would be an awful lot better if we just stayed in the European Union. Why are we having to deal with all these difficulties and problems all around the country, and in this case in the poorest areas of the country, when it could be completely unnecessary? In the next year and a bit, we may have the opportunity to give the British people a chance to re-examine whether we should continue to be members of the European Union. That point is not irrelevant to this amendment, but I beg leave to withdraw it.

Amendment 23 withdrawn.

European Union (Withdrawal) Bill

Lord Foulkes of Cumnock Excerpts

Committee: 1st sitting (Hansard - continued): House of Lords
Wednesday 21st February 2018 Lords Chamber

Moved by

[Lord Foulkes of Cumnock]

5: Clause 1, page 1, line 3, at end insert—
“( ) Regulations under section 19(2) bringing into force subsection (1) may not be made until the Prime Minister is satisfied that resolutions have been passed by the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly signifying consent to the commencement of subsection (1).”

[Lord Foulkes of Cumnock (Lab)]

My Lords, it is a great pleasure to move Amendment 5. I pay particular credit to my good friend, the noble Lord, Lord Elystan-Morgan, who, having thought that we were going to deal with this earlier on—as indeed many of us did—has managed to stay with us right through to this late hour. I think that that indicates his enthusiasm and commitment, for which he deserves credit.

Amendment 5, generally designed to provide consent by the devolved Administrations, would prevent the European Communities Act 1972 from being repealed until legislative consent has been obtained from the devolved Administrations. Effectively, it would give a veto to the devolved Administrations. One or two of my more unionist colleagues have been having a go at me and saying that this goes too far, and no doubt the noble Lord, Lord Forsyth—I was going to say my noble friend—might come in and say that. I am arguing this for the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly, which I hope, by the time we get to this, will be back up and working again as effectively as it has in the past and providing an effective voice for Northern Ireland.

I recall when devolution was introduced. I was in the Department for International Development at the time. I know the Minister is a bit younger than me and may not remember all the details—

[Lord Bassam of Brighton (Lab)]

Do not hold that against him.

[Lord Foulkes of Cumnock]

Yes, he is a good bit younger than me, Steve—sorry, I mean my noble friend. He may not remember this, but Whitehall mandarins and Ministers did not like the idea of devolution. They were losing power from their central departments in Whitehall and opposed it. However, we had strong and effective Labour Ministers, particularly Donald Dewar, my noble and learned friend Lord Irvine and others, who made sure that real powers were devolved to the Scottish Parliament. Whitehall mandarins and Ministers still do not understand devolution. They have not come to terms with the new reality that there is not just one Parliament in the United Kingdom but four and that the others must at the very least be consulted on matters that affect them.

--- Later in debate ---

[Lord Forsyth of Drumlean (Con)]

Could the noble Lord indicate whether he thinks that, if the House were to pass his amendment, that would make it easier or more difficult to reach an agreement?

[Lord Foulkes of Cumnock]

It would have no great effect either way, to be honest. I would like to think that it would have a greater effect on getting an agreement, but I do not think that it will. Other factors will have greater sway. However, no doubt the noble Lord, Lord Forsyth, will have an opportunity to make his usual spirited contribution to the debate.

It is a running sore that these government amendments to Clause 11 have not been tabled. I say to the Minister that we in this House—I hope that the whole House will agree with me on this; I certainly know that the Official Opposition agree with it—should not debate Clause 11 not just until the amendments have been tabled but until the amendments that have been tabled have been considered by the devolved Administrations. It would be entirely wrong for us to discuss Clause 11 without having the views of the devolved Administrations about the amendments that the Government will table. I hope that we will get an assurance from the Minister that we will not have a debate in Committee on the amendments until they have been considered by the Scottish Parliament, the Welsh Assembly and the Northern Irish Assembly, if it is up and running by then.

[Lord Hope of Craighead (CB)]

As it happens, I have an amendment directed to Clause 11. I would have thought that there was an advantage in debating in Committee so that we can at least engage with the Minister and explain the points that lie behind the amendment. Otherwise, if the amendment is simply not pursued in Committee, we cannot come back to it until Report. Therefore, I hope that the noble Lord will forgive me if in due course I move my amendment, which is intended to be helpful. At the end of the day, I hope that the amendment that the noble Lord is pursuing today will become completely academic because the differences between the devolved institutions and Westminster will be resolved. That surely must be the aim, not to keep this sense of tension until the Bill is passed.

[Lord Foulkes of Cumnock]

My Lords, I have great respect for the noble and learned Lord, Lord Hope, and he is right on this. I will now rethink what I just said. As long as we have not deliberated finally on Report, we need on Report to have the result of the deliberations and the views of the devolved Parliament and Assemblies. The noble and learned Lord has made a good point, which I accept, and I hope that he is right that it will make my amendment ultimately redundant. No one would be happier than me if that were the case. The Sewel convention is that the UK Parliament will not normally legislate—

[Lord Warner (CB)]

I am sorry to interrupt the noble Lord in full flow, but I want to make an intervention that I hope will be helpful in reconciling his position with that of the noble and learned Lord, Lord Hope. There is a precedent for pausing legislation. During the Committee stage of the Health and Social Care Bill, which became the Health and Social Care Act 2012, there were problems with making progress and the legislation was paused. I do not know whether that idea appeals to the noble Lord, but it occurs to me that, when we get to Clause 11 and if there has been no action from the Government, it might be possible to pause consideration in Committee at that point to give the Government sufficient time to come forward with their amendments, having agreed them with the devolved Administrations. I do not know whether he finds that a helpful intervention.

[Lord Foulkes of Cumnock]

I was not in full flow; in fact, I was near the end, noble Lords will be pleased to hear. That is another helpful suggestion. It shows the advantage of debates in this place—we come up with helpful suggestions. I can only say that I wish that Ministers were as ready to accept helpful suggestions as I am, because this place would work a lot better if they were. To be fair, the Minister of State for Scotland was helpful when we discussed the British Transport Police. He came to this House and said that he would take the matter away and look at it further. One good thing is that yesterday the Scottish Government announced a delay in the implementation of British Transport Police integration. That says a lot for the wisdom of this House; it says a lot for the positive intervention of the Minister; and it indicates that, if we put some pressure on the Scottish Parliament, we can influence it. However, it should also be able to influence us.

As I said, under the Sewel convention, the UK Parliament will not normally legislate without the consent of the Scottish Parliament, although it depends what you mean by “normally”. However, this issue is so material to the work of the Scottish Parliament and indeed the Welsh Assembly and the Northern Ireland Assembly that this is one area on which we should not legislate without their consent. I beg to move.

[Lord Forsyth of Drumlean]

My Lords, I well remember the debate on the latest Scotland Act. I think that it was Clause 2 that enshrined the so-called Sewel convention. I remember arguing very vigorously that a convention was a convention and it was a mistake to try to incorporate a convention into statute. The then hapless Minister, reading from his brief, explained that “normally” meant that it would not be a problem. Some of us argued from different points of view that the word “normally” was rather vague and that its meaning could end up being discussed in the courts. We were given assurances that “normally” meant “normally”, but to argue that it is “normal” for the Sewel convention to apply to our repealing of the 1972 Act is stretching the meaning of the word.

I have great respect for the noble Lord, Lord Foulkes, and I feel very sorry about the position that his party now finds itself in in Scotland. It started off with the slogan that devolution would kill nationalism stone dead, but some of us on this side of the House argued that it would not; it would result in the nationalists getting power in Scotland and using their position in the Scottish Parliament at every opportunity to break the United Kingdom. Fortunately, there is a bit of a backlash in Scotland to the advantage of the Conservatives and unionists. I say to the noble Lord that this is not a unionist amendment; it is an extremely unwise amendment. It gives a veto to the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly on United Kingdom matters. The noble Lord said that there are four parliaments in the UK. Yes, there are four bodies in the UK, but there is only one United Kingdom Parliament, and that is this Parliament. It is for this Parliament to implement the results of the referendum. The notion that the Scottish Parliament or the Welsh Assembly would be able to stop in its tracks the delivery of leaving the European Union, following the biggest vote in our history, is utterly absurd and ridiculous.

--- Later in debate ---

[Lord Foulkes of Cumnock]

My Lords, this has been a valuable debate—up until the reply. I have been in this House now for 13 years but I have never heard such an inadequate reply to a debate, and I have heard some pretty inadequate ones. I warn the Minister, my colleagues are outside now.

I was very grateful to my noble friend Lord Griffiths of Burry Port, bringing his eloquence and erudition that we normally hear on “Thought for the Day” to the Labour Front Bench, where it goes down equally well. The only thing I am having difficulty with is picturing Mike Russell in short trousers, but I will try to put that out of my mind.

To return to the Minister’s reply, I am glad the Government Chief Whip is here. I ask him: why do we have a Minister, who is a nice enough man, replying when he does not know any of the answers? On three occasions he turned to the noble Lord, Lord Duncan, and the noble and learned Lord, Lord Keen, to get briefing. The noble Lord, Lord Duncan, is perfectly able to deal with this matter; he should be up at the Dispatch Box dealing with it. He knows what is happening; he is working at it on a day-to-day basis. He could have dealt with all the questions, as he has on previous debates. Even the noble and learned Lord, Lord Keen, would have done better than the noble Lord, Lord Callanan. [Laughter.] As we know, we are always obliged to the noble and learned Lord for his contributions to this House.

I say to the Government Chief Whip: please think about this. I know he does not always listen to me, but when we get to Clause 11 it would be much better to put a Minister up to reply who knows what is going on, sits in on these meetings and deals with this matter on a day-to-day basis. I hope it is a case of horses for courses. The Minister could not answer the question from the noble and learned Lord, Lord Wallace. He could not even answer the question from the noble Lord, Lord Forsyth. That is unusual—actually, no, it is not unusual on that side.

The debate has been very valuable for positive suggestions about the procedures to deal with this issue, and we have had some information about the amendments coming forward and how we deal with them. I am grateful to the noble and learned Lord, Lord Hope, the noble Lord, Lord Warner, and others for their suggestions. As the noble Lord, Lord Thomas, rightly identified, this amendment is born out of frustration. I share the frustration of the devolved Parliament. We saw it when they came down to give a very good briefing to Peers, and this amendment was born out of that.

The noble Lord, Lord Forsyth, paid me the greatest tribute that he has ever paid me: he likened me to himself. I must say that I was flattered. He understood what I am up to, and I know what he is up to. I know he is a real, committed Brexiteer and he knows I am not. I say to him that we would not have had all this debate about powers being transferred back from Brussels, and we need not have them if we stay in the EU. We can let the EU get on with doing what it is doing well on the environment, health and safety and a whole range of other things. That is what we are aiming for.

[Lord Forsyth of Drumlean]

Does the noble Lord not realise how absurd he looks, arguing that if these powers remained in Brussels then he would not have to make the case for Scotland having those powers to exercise domestically? We on this side want that, but done in such a way that we retain the single market. He has just admitted that he is using this as an argument to try to turn people against what the people of this country voted for and is not actually interested in those powers being exercised in Wales, Scotland and elsewhere by the assemblies and parliaments.

[Lord Foulkes of Cumnock]

If they are going to be transferred back to the UK, then I am; that is obviously the case. But it would be far easier to leave them where they are. That would be far better and more sensible, and would have more logic to it. Still, that is an argument for another day. I look forward to the debates when we come to the amendments to Clause 11, but I hope we will have Ministers who can answer the questions that are asked. In the meantime, I beg leave to withdraw the amendment.

Amendment 5 withdrawn.

European Union (Withdrawal) Bill

Lord Foulkes of Cumnock Excerpts

Committee: 1st sitting (Hansard): House of Lords
Wednesday 21st February 2018 Lords Chamber

[Lord True (Con)]

My Lords, I had intended to intervene after an hour to don a Wigan shirt against the Manchester City team arrayed in this Chamber. But then my noble friend Lord Lamont rose and scored the goal in a very interesting speech, which went to the core of the matter. I apologise, like my noble friend Lord Hailsham, for having been unable to be present at Second Reading, but I assure your Lordships that I intend to be present for however many days it takes to achieve what my noble friend said he would wish to frustrate, with the result that Brexit will go through as the British people requested.

The noble Lord, Lord Davies, took exception to the word “instruction”. As a democrat, I am not quite sure from whom our Parliament should take its instructions except from the British people. I quote the noble Lord, Lord Ashdown, who said after the referendum that,

“when the British people have spoken, you do what they command”.

What powerful words and instruction. Another gentleman said—

[Lord Foulkes of Cumnock (Lab)]

My Lords—

[Lord True]

I have only just begun. I will give way later to the noble Lord. If I may continue this section of my remarks, I would like to do so. There were many interventions on my noble friend Lord Lamont, who spoke for the Wigan team, but there have not been so many interventions on the Manchester City team.

--- Later in debate ---

[Lord Foulkes of Cumnock]

This is material to what the noble Lord is saying.

[Lord True]

I will give way to the noble Lord later if he is kind and polite and stops interrupting. I will put on the record what another gentleman said:

“There are people in the party who don’t accept the outcome, who feel incredibly angry and feel it’s reversible, that somehow we can undo it. The public have voted and I do think it’s seriously disrespectful and politically utterly counterproductive to say ‘Sorry guys, you’ve got it wrong, we’re going to try again’, I don’t think we can do that”.


That was Vince Cable, since elected leader of the Liberal Democrat party. I hope that he will stand by those words as leader.

[Lord Foulkes of Cumnock]

For those of us who sat through nearly 180 speeches at Second Reading, it is rather galling, when we are dealing with amendments, to hear people who could not make it give Second Reading speeches. If the noble Lord was a Member in another place, he would be drawn to order by the Speaker. Can he not bring himself to order and address the amendment?

[Lord True]

My Lords, the noble Lord goes directly to the point. He wishes to know why I was unable to be here.

Brexit: Negotiations

Lord Foulkes of Cumnock Excerpts

Tuesday 30th January 2018 Lords Chamber

[Lord Foulkes of Cumnock (Lab)]

Could the Minister help me? [Laughter.] Somebody might be able to. As well as reporting on all matters concerning his department to this House, what matters in the department are specifically devolved to him, for his responsibility?

[Lord Callanan]

I am always very happy to help the noble Lord, although I am not sure that my help is the help that he needs—but I shall do my best. I have responsibility for attending the General Affairs Council; for liaison for existing EU business; for the small matter of helping to get the withdrawal Bill through this House; and for liaison with the devolved Administrations in conducting ongoing EU business.

Brexit: Reports to Parliament

Lord Foulkes of Cumnock Excerpts

Monday 8th January 2018 Lords Chamber

[Lord Callanan]

It is perfectly possible and we have made statements to that effect. We are leaving the customs union and the single market. At the moment, of course, our regulations are identical to those of the European Union. In the future we will need to manage the process of divergence if we want to go our own separate way. Those issues will need to be discussed fully.

[Lord Foulkes of Cumnock (Lab)]

My Lords, has the Minister noticed that Mr Nigel Farage is meeting Mr Barnier, purporting to represent the views of the British people? Will the Minister make it absolutely clear that even though some of us do not have much faith in the Conservative Ministers who are negotiating on our behalf, at least they were elected to the House of Commons, unlike Mr Farage?

[Lord Callanan]

I see that this week Mr Barnier is having meetings with a wide range of people, one of whom is Mr Farage. I do not think that Nigel would ever say that he represents the people—

[Lord Foulkes of Cumnock]

He did.

[Lord Callanan]

Okay—the noble Lord has an advantage over me; I have not seen the interviews. However, Mr Farage is the leader of a group in the European Parliament and I suspect that that is the basis on which Michel Barnier is meeting him. Mr Barnier has met Peers from this House and Opposition and Back-Bench MPs from the House of Commons, but he is very clear that he will negotiate with only one party.

Brexit: Equalities Impact Assessment

Lord Foulkes of Cumnock Excerpts

Thursday 21st December 2017 Lords Chamber

[Lord Callanan]

My noble friend makes a very good point, but again I believe that those fears are groundless. The Erasmus scheme is very good, but it is one of many student exchange schemes that exist around the world. Lots of exchanges go on and young people benefit from these greatly. We have said that we are committed to the Erasmus scheme and we hope to continue with it.

[Lord Foulkes of Cumnock (Lab)]

If Brexit goes ahead, which many of us still hope it will not, does that not make our adherence to the European Convention on Human Rights and our membership of the Council of Europe even more important?

[Lord Callanan]

I assure the noble Lord that Brexit will go ahead. We are committed to it and will be leaving the EU in March 2019. None of that will impact on our membership of the Council of Europe.

Brexit: Data Transfer

Lord Foulkes of Cumnock Excerpts

Thursday 16th November 2017 Lords Chamber

[Lord Callanan]

My Lords, the deep and special partnership that we wish to negotiate will provide sufficient stability for businesses, public authorities and individuals, and will enable the UK’s Information Commissioner’s Office and partner EU regulators to maintain effective regulatory co-operation and dialogue for the benefit of those living and working in the EU.

[Lord Foulkes of Cumnock (Lab)]

My Lords, has the Minister seen the disturbing reports in the media today that the Russian Government have been using data transfer through social media to influence the outcome of the EU referendum in favour of the leave side? Does this not now cast doubts on the legitimacy and credibility of that referendum? I understand that it is to be investigated by the Intelligence and Security Committee. Does the Minister not now agree that that referendum can no longer be considered to represent the will of the British people?

[Lord Callanan]

Unsurprisingly, the noble Lord will find that in fact I do not agree with him. He should not necessarily believe everything he reads in the press and the media—particularly those bits for which he is responsible.

Brexit: Devolved Administrations

Lord Foulkes of Cumnock Excerpts

Tuesday 24th October 2017 Lords Chamber

Asked by

[Lord Foulkes of Cumnock]

To ask Her Majesty’s Government what discussions they have had with the devolved administrations regarding Brexit.

[The Minister of State, Department for Exiting the European Union (Baroness Anelay of St Johns)]

My Lords, we are clear that the devolved Administrations should be fully engaged in our exit from the European Union. We are in discussions with them—both on our negotiations with the EU and on the domestic implications of exit—bilaterally and through the Joint Ministerial Committee on EU Negotiations, which met most recently this month. We will continue to engage the devolved Administrations as we seek a deal that works for the entire United Kingdom.

[Lord Foulkes of Cumnock (Lab)]

My Lords, since the Irish border is the most intractable of the many problems of Brexit, and since a resolution needs the approval of the Northern Ireland Executive and Assembly, neither of which is attending these joint ministerial meetings, how can any agreement be achieved while they remained suspended?

[Baroness Anelay of St Johns]

My Lords, the noble Lord points to one of the issues of concern to all Members of both Houses. It should be possible as soon as maybe to achieve a resolution to the constitutional position in Northern Ireland. It is for everybody’s benefit that they do so. In the meantime, with regard to engagement with the devolved Administrations, we continue to work closely with the Northern Ireland Civil Service at an official level on all the technical aspects.

[Lord Foulkes of Cumnock]

Not good enough.

[Baroness Anelay of St Johns]

The noble Lord thinks it is not good enough. As a Government, we stand ready to assist as far as possible in resolving the position in Northern Ireland. Clearly it is not a matter to be taken lightly, and we do not.