Surplus Carbon Emissions

Debate between Lord Foulkes of Cumnock and Lord Callanan

Wednesday 27th March 2024 Lords Chamber

[Lord Callanan (Con)]

We always take that advice into consideration. Covid was obviously a factor in that budget, but we overperformed on all the previous budgets before that as well. It is one factor; we will take it into consideration.

[Lord Foulkes of Cumnock (Lab Co-op)]

What discussions does the Minister have with his counterparts in Scotland? When he or his colleagues meet them, could he try to convince them to change their view on nuclear power? Nuclear power is one way of achieving our aim.

[Lord Callanan (Con)]

I have regular meetings with the Scottish Government, including my counterpart, who is from the Green Party—which makes for interesting discussions, as the House can imagine. The noble Lord is, of course, absolutely right: nuclear power is an essential component of power, both in Scotland and across the rest of the United Kingdom. We will certainly advise the Scottish Government of that. However, if they are crazy enough to dispense of their nuclear power, then their friends in the rest of the UK will be very happy to help out the people of Scotland.

Climate Change: Phasing Out Fossil Fuels

Debate between Lord Foulkes of Cumnock and Lord Callanan

Wednesday 6th December 2023 Lords Chamber

[Lord Callanan (Con)]

I have certainly heard what the noble Baroness has to say on this. I cannot go any further than what I said last week. As soon as I have some further news, I will be sure to update her.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, as the Minister knows from last week, I was inclined to agree with the noble Lord, Lord Teverson, that it is good for Ministers to go out to Dubai. But then I heard that there are 90,000 delegates there—nearly twice as many as there were in Glasgow, all flying in. It will be the same next year, the year after that and the year after that. Why can this COP not be held virtually?

[Lord Callanan (Con)]

I think there is considerable sympathy for the noble Lord’s point of view. I went to the COP in Glasgow. Unlike the Greens, I went by rail.

Climate Change: Aims for COP 28

Debate between Lord Foulkes of Cumnock and Lord Callanan

Tuesday 28th November 2023 Lords Chamber

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, perhaps I might say how pleased I am, personally, to see that the Minister has escaped the recent cull. Does he agree with me that, on balance, it is probably justifiable to use all this energy travelling to the United Arab Emirates for the Prime Minister and senior Ministers to come to an agreement—maybe even for the First Minister of Scotland to go there, using up all this energy as well? But what is the justification for the leader of Glasgow City Council, and entourage, doing it?

[Lord Callanan (Con)]

When the noble Lord started off with praise, I was waiting for the “but” to come into the question. The noble Lord will be pleased to know that I am not going to COP. My Secretary of State is there, with a number of other Ministers from the Government. I do not know what council leaders are going for, or what their role is going to be; that is something that they will need to answer for to their own electorates.

Road Fuel Prices

Debate between Lord Foulkes of Cumnock and Lord Callanan

Tuesday 4th July 2023 Lords Chamber

[Lord Callanan (Con)]

The noble Lord makes a very good point. Those of us who use motorway service stations are often baffled as to why fuel is so expensive in them. This is something that we will want to keep a close eye on; again, price transparency—that is, motorists having the ability to check what fuel might be available just by taking an exit and going to a service station that is relatively close to a motorway—would be much more beneficial.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, Ministers, particularly the Prime Minister, do not seem to understand the problems of ordinary people. As far as fuel is concerned, whenever fuel costs go up for industry, prices go shooting up. When fuel costs go down, prices are very slow to come down. Now, we have the banks putting up interest rates for borrowers but not offering high-interest returns for savers. There are so many examples of where ordinary people are suffering. The regulators seem to do nothing about it; they seem more interested in the interests of the industries than in those of consumers. Is it not about time that we had some kind of directive for the regulators to look after consumers’ interests?

[Lord Callanan (Con)]

I understand the point that the noble Lord makes, but I think that he is being a little unfair. The CMA is a regulator, of course; this particular regulator very much had the interests of the consumer at its heart when it produced this report, which has widespread support and backing from all parts of the House. The Government will act on its recommendations, so that is a case of a regulator acting in consumers’ interests. The CMA is designed to produce competition, which is the best thing that can operate for the consumer.

The other example mentioned by the noble Lord is slightly off topic, but much more attractive interest rates are offered by a number of smaller financial institutions. It really is a question of the consumer shopping around, but plenty of information and online resources are available for someone to find the best return on their money. No doubt the noble Lord has lots that he wants to invest; if he looks at the various websites, he will be able to invest it well. Obviously, he is a well-known Scottish Member so is bound to have plenty of funds to invest.

Drax Biomass Power Station

Debate between Lord Foulkes of Cumnock and Lord Callanan

Monday 3rd July 2023 Lords Chamber

[Lord Callanan (Con)]

I refer the noble Baroness to the answers I have given to previous questions. There are other biomass operations that fulfil the sustainability criteria. If any evidence is produced and if the noble Baroness has any evidence, I would be delighted to pass it on, but until then we should trust what they say.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, in answer to the excellent question from the noble Lord, Lord McLoughlin, the Minister said that officials had looked into this and that Ofgem was satisfied. But, as far as this House is concerned, it is the Minister who is responsible. What has he personally done to look into this since the programme aired so that he could have answered the Question from the noble Baroness, Lady Jones, properly?

Cleaner Energy Technologies

Debate between Lord Foulkes of Cumnock and Lord Callanan

Tuesday 14th March 2023 Lords Chamber

[Lord Callanan (Con)]

Yes, well, however many times the noble Lord asks me that question, he gets the same answer. We are supporting tidal stream technology under the latest CfD round—and of course we keep the technology under review and, if the costs come down, we will want to continue to support it and roll out further projects.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, when does Minister expect the carbon capture and storage projects to go ahead?

[Lord Callanan (Con)]

It depends on which projects the noble Lord is referring to. He might hear some good news in the near future with regard to the track 1 cluster announcements.

Domestic Heat Pumps: Budget Underspend

Debate between Lord Foulkes of Cumnock and Lord Callanan

Tuesday 28th February 2023 Lords Chamber

[Lord Callanan (Con)]

The noble Lord makes a very good point. Performance will vary depending on the temperature outside. It is also worth saying that heat pumps have been installed extensively across Europe, including in countries which typically have much lower ambient air temperatures than the UK does, such as Norway. But his point is valid: we need to make sure that people are given accurate information.

[Lord Foulkes of Cumnock (Lab Co-op)]

Would the noble Lord, Lord Callanan, be a little less pedantic than his noble friend Lord Murray? Since the noble Lord, Lord Callanan, mentioned Ofgem in his initial reply, could he explain why Ofgem wants us to pay more for all our heating, despite the wholesale cost of gas reducing? What are the Government going to do about this?

[Lord Callanan (Con)]

I thank the noble Lord for a question not at all related to heat pumps. He makes a valid point: the price cap has been reduced in line with the reduction of wholesale prices. At the same time, there is a gap in funding because of government support. We have—the taxpayer has—been paying about one-third of people’s energy bills through the winter. That support is unsustainable in the longer term and is starting to be withdrawn, but I am sure the Chancellor is looking at this very closely.

Horizon Europe: UK Participation

Debate between Lord Foulkes of Cumnock and Lord Callanan

Tuesday 31st January 2023 Lords Chamber

[Lord Callanan (Con)]

Indeed. The noble Lord is correct. We are working to overcome those difficulties as quickly as we can.

[Lord Foulkes of Cumnock (Lab Co-op)]

This is one of the many disasters of Brexit. What are the benefits? Could the Minister tell us what the benefits are?

Vulnerable Households: Energy Costs

Debate between Lord Foulkes of Cumnock and Lord Callanan

Tuesday 31st January 2023 Lords Chamber

[Lord Callanan (Con)]

I know that the standing charge is a subject of controversy, but it is there to cover the costs of providing a supply: the cables, the network and the infrastructure. Included within that are some of the costs for what is called the supplier of last resort function, which includes some of the suppliers that went bust in recent years. They were not just gas suppliers; there were a lot of electricity suppliers as well. We think it is right that these costs should be socialised, because otherwise people would be disconnected from suppliers completely.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, the Minister is very good at the gobbledegook but could he explain why the decrease in wholesale prices is not passed on by decreasing the price to consumers?

[Lord Callanan (Con)]

I am sorry if the noble Lord thinks I am spouting gobbledegook but let me try to explain it to him. Many of the suppliers have hedged their supplies over the longer term, so they paid increased amounts. When the price cap is reviewed and the wholesale prices are coming down then eventually that will feed through into lower prices as well. The noble Lord shakes his head but this is one of the protections put in place for consumers to prevent the large increases which would have happened otherwise.

Industrial Action

Debate between Lord Foulkes of Cumnock and Lord Callanan

Wednesday 11th January 2023 Lords Chamber

[Lord Callanan (Con)]

There are not just minimum service level obligations in other European countries, there are outright bans on striking. For instance, there are bans on border security strikes in Germany, Spain, Italy, France and Belgium. We are not proposing to go nearly as far as those countries have in banning strikes in these areas. We are merely suggesting that unions should provide minimum services during strikes. As for consultation, the legislation was drawn up very quickly and in haste. We have not been able to do all the consultation we would like, but noble Lords will be reassured to know that for the actual implementation of the secondary regulations—which will contain most of the detail—we will of course carry out full consultations.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, I have to return to the European precedents that the Minister cited—the Prime Minister has cited them as well—starting with France. Can the Minister tell us how successful the legislation has been in France? How many fewer days of strikes were there in France last year, compared to the United Kingdom?

[Lord Callanan (Con)]

I cannot give the figures for the number of days lost in France to strike action off the top of my head. I will ask a rhetorical question: if the legislation will be so ineffective and have no effect whatever, what are the Opposition so concerned about?

[Lord Foulkes of Cumnock (Lab Co-op)]

Will the Minister write to me with those figures? I think they will be very instructive. If he writes to me and puts a copy of the letter in the Library, we can use it when we come to debate this.

[Lord Callanan (Con)]

I am here to respond on what happens in the United Kingdom, but if the figures on days lost in France are easily available, then of course I will supply them.

Workforce: Trades Union Congress

Debate between Lord Foulkes of Cumnock and Lord Callanan

Wednesday 19th October 2022 Lords Chamber

[Lord Callanan (Con)]

I said that we remain open to meeting trade unions. However, the noble Lord’s figures are wrong: trade unions do not represent 30 million workers in this country; only 23% of workers are members of trade unions, so more than three-quarters are not represented by them.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, is the Minister aware that one of the problems facing workers is ageism? This could be properly dealt with if we had an older people’s commissioner.

Energy Bill [HL]

Debate between Lord Foulkes of Cumnock and Lord Callanan

Committee stage
Monday 5th September 2022 Lords Chamber

[Lord Callanan (Con)]

My Lords, the noble Lord will know that I hate to disappoint him on any occasion, so I shall say something unprecedented, which, as far as I am aware, has never been said in this House before: on this specific and limited occasion, the noble Lord is right on this point. I can say with the full force of the Government behind me that we are prepared to accept his Amendment 28, and I thank the noble Lord for pointing out this typographical error.

I move on to the noble Lord’s more substantial amendments, Amendment 29 to 31 and 37, for which I thank him and the noble Baroness, Lady Liddell. These amendments aim to set out further detail on the economic licence for the transport and storage of carbon dioxide. In particular, they concern the protection of a licence holder’s commercially sensitive information from certain disclosure requirements contained in Parts 1 and 2 of the Bill. These provisions, as drafted, enable the Secretary of State and the economic regulator to access information that is necessary for the conduct of their functions. It may be appropriate in some cases for the economic regulator to provide such information to relevant regulatory bodies or entities on which powers or duties have been conferred by legislation, such as the counterparty to the emitter contracts, or to obtain relevant information from those entities to ensure that decision-making is robust and takes into account all relevant considerations. Meanwhile, provision has been made in Clauses 26 and 27 to confirm that appropriate data protection requirements would continue to apply.

The noble Lord can be reassured, I hope, that these provisions were not drafted to facilitate any widespread publication of commercially sensitive information but to enable robust, informed decision-making. Further, the powers limit information requests to those which the economic regulator or Secretary of State consider necessary to facilitate the proper exercise of their functions.

Amendment 32, again tabled by the noble Lord, Lord Foulkes, seeks to ensure that the economic regulator must reasonably consider whether the urgency of a matter makes it impracticable or inappropriate to carry out and publish an impact assessment for major proposals, or to make a statement as to why it is unnecessary for it to do so. Under current drafting of the Bill, it is where the economic regulator is minded to pursue a proposal which could have a significant impact on licence holders, persons engaged in activities associated with licensable activities, or on the general public or the environment. In such instances, the economic regulator is required to carry out and publish an assessment of the likely impact of implementing the proposal, or to confirm that it considers it unnecessary to carry out an assessment, with the reasons being given for this conclusion. This requirement does not apply if it appears to the economic regulator that it would be impractical or inappropriate, given the urgency of the matter to which the proposal relates.

In some situations, the urgency of the proposal would make it impractical for the economic regulator either to conduct the impact assessment before implementing a proposal or to publish a statement explaining why an assessment would be unnecessary. We think that it is important that the economic regulator is empowered to act swiftly without the need to produce such documentation in the unlikely event that that need arises.

I hope that I have been able to offer sufficient reassurance to the noble Lord in respect of the requirement for the economic regulator to conduct an impact assessment where required before implementing a major proposal, except in the limited situation of potential urgency or emergency. Therefore, with the reassurances that I have provided him, I hope that the noble Lord will feel able to withdraw or not press all his amendments, except for Amendment 28, which we accept.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, I am most grateful to the Minister for accepting and agreeing to Amendment 28. I can assure him that I will not let that go to my head, but I will keep on trying with other amendments. I listened carefully to his explanation in relation to the other amendments. I understand what he is saying and I think it is right, so I will not pursue them.

Newport Wafer Fab

Debate between Lord Foulkes of Cumnock and Lord Callanan

Thursday 7th April 2022 Lords Chamber

[Lord Callanan (Con)]

I am not sure I can help my noble friend—I do not know what investigation he is referring to. If he is referring to the question the noble Baroness, Lady Blake, asked earlier, on the review by the National Security Adviser which the Prime Minister announced, as I said to the noble Baroness, that review in ongoing.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, have the Tory Government learned nothing from the flirtation with Russian oligarchs? Why do they continue to put the interests of their friends, for the obtaining of a quick buck, ahead of national security?

[Lord Callanan (Con)]

I am sorry, but that comment is unwarranted. This is a commercial transaction between a company called Nexperia and Newport Wafer Fab. There are a lot of jobs involved—people are employed by Newport Wafer Fab—and this is an important issue. The Government will consider it properly with appropriate due diligence, based on the advice from a number of other government departments and from the National Security Adviser. The Business Secretary will take a decision in due course.

Employment Bill

Debate between Lord Foulkes of Cumnock and Lord Callanan

Wednesday 6th April 2022 Lords Chamber

[Lord Callanan (Con)]

Part of the problem with P&O is that the ferries were registered in another European country, so presumably it was applying European law in those circumstances. Clearly there is an issue with ferries, which by their very nature cross borders, and I know that the Secretary of State for Transport has announced nine measures, including minimum wage requirements for seafarers operating from British ports. He will want to take those issues forward as fast as he can.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, will the Minister not admit that this is not the only election promise which this Government have reneged on? They have reneged on the triple lock for pensioners, and now they have reneged on the national insurance rise. When can anyone ever believe what this Prime Minister says ever again?

[Lord Callanan (Con)]

I am sorry to hear that the noble Lord is disappointed with our progress on employment, but I am delighted to share with him the great news that unemployment was down again last month to 3.9%, one of the lowest rates in Europe. If we had adopted some of the proposals of the Opposition to have a rigid, inflexible labour market, unemployment would go up and many people would lose their jobs. Surely that would be a bad thing for workers’ rights.

Behaviour Change for Net Zero

Debate between Lord Foulkes of Cumnock and Lord Callanan

Thursday 31st March 2022 Lords Chamber

[Lord Callanan (Con)]

My noble friend makes a very important point. The Ukraine crisis has changed everything. What the crisis in the use of fossil fuels demonstrates is the need—ultimately, in the longer term—to use less of them and to move towards more renewable power, which I know my noble friend supports. However, in the meantime, for the transition, we will still need oil and gas, and my contention is that it is much better to achieve those supplies from our own domestic production, which is secure, pays UK taxes and employs UK workers.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, the Minister has very wisely said that new nuclear forms an important part of this strategy. Can he outline to the House what his strategy is going to be to persuade the Scottish Government that new nuclear stations should be established at places like Hunterston and Torness, where the communities are very willing to accept them?

[Lord Callanan (Con)]

The noble Lord makes an extremely important point. Nuclear will make a vital contribution to our low-carbon, net-zero future. It is very disappointing to see the Scottish Government rejecting an excellent technology that already works well in Scotland. However, if they continue to take this approach, I am sure that the rest of us in England and Wales will be very happy to help our Scottish friends out by continuing to supply clean, green, nuclear power for them.

Global Warming

Debate between Lord Foulkes of Cumnock and Lord Callanan

Thursday 3rd March 2022 Lords Chamber

[Lord Callanan (Con)]

My Lords, the noble Baroness makes an important point. Of course we want to support workers in our emergency services, who do such a tremendous job. We saw some of that during the recent flooding: they are the first line of our defence, and we should support them in every way that we can.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, the Minister mentioned the Nuclear Energy (Financing) Bill. He will be aware from an intervention that I made previously that many of us are concerned that the Scottish Government might be able to use planning laws to thwart the development of new nuclear in Scotland. Is it not the case that, if this is vital for the security and diversity of energy supply for the whole United Kingdom, there must be some way in which the United Kingdom can make sure that new nuclear can extend to Scotland as well? Will he look into this further?

[Lord Callanan (Con)]

I would be happy to have a further look at it and I completely agree with the noble Lord. I think the Scottish Government’s policy to rule out new nuclear is crazy, and what will end up happening is that Scotland will be supplied from nuclear power in England and Wales, because there are lots of interlinking connecters. The same thing is happening in Germany. Ironically, the Germans just announced that they were abandoning their nuclear stations, but will end being supplied by the huge number just across the border in France.

North Sea Oil and Gas

Debate between Lord Foulkes of Cumnock and Lord Callanan

Thursday 10th February 2022 Lords Chamber

[Lord Callanan (Con)]

I totally agree with my noble friend. I know he speaks with great authority on this matter as a former Energy Minister. As I just said in response to the noble Lord, Lord Fox, we remain a net importer. Production from the North Sea is sadly declining. We need to make sure that we ramp up our renewable capacity as quickly as possible, but it remains a fact that we will still have demand for oil and gas during the transition. If we have that demand, it makes sense to produce this domestically rather than importing it from other, unstable, parts of the world.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, can the Minister confirm whether decisions on these matters are within the total competence of the United Kingdom Government? Is there any way that the Scottish Government could thwart them?

[Lord Callanan (Con)]

No, these decisions remain a matter for the UK Government. The noble Lord makes a good point. It is sad to see the reaction of the Scottish Government in not being totally supportive of the tremendously successful North Sea oil and gas fields which, as well as employing thousands of people in good, well-paid jobs, also contribute large amounts to the UK taxpayer.

Net-zero Test for New Policies

Debate between Lord Foulkes of Cumnock and Lord Callanan

Tuesday 11th January 2022 Lords Chamber

[Lord Callanan (Con)]

I agree with the noble Lord that the competitiveness of UK industry is extremely important. The question he is asking is effectively about the carbon border adjustment mechanism which the EU and others are considering. I am sure that the noble Lord would be the first to accept that this is a complicated and difficult policy area. It cuts across various WTO and international trade commitments. I can see in principle the case for what he is saying, but it is a complicated area.

[Lord Foulkes of Cumnock (Lab Co-op)]

Does the Minister agree that new nuclear has an important part to play in achieving our net-zero targets? Will he indicate what the UK Government are doing in relation to that in England, and will he arrange to meet with Scottish Ministers to try to persuade them of the importance of new nuclear?

[Lord Callanan (Con)]

I agree completely with the noble Lord for a change. He is quite right to make the case for new nuclear. Indeed, the other place passed the nuclear Bill just yesterday, so it will be coming to this House shortly; I look forward to debating it alongside the noble Lord. I already meet with Scottish Ministers, although I fear that my efforts to persuade them of anything are very much in vain.

Companies (Strategic Report) (Climate-related Financial Disclosure) Regulations 2021

Debate between Lord Foulkes of Cumnock and Lord Callanan

Monday 6th December 2021 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Business, Energy and Industrial Strategy (Lord Callanan) (Con)]

My Lords, I beg to move the two Motions standing in my name on the Order Paper.

[Lord Foulkes of Cumnock (Lab Co-op)]

I object.

Climate Change: Global Temperatures

Debate between Lord Foulkes of Cumnock and Lord Callanan

Wednesday 27th October 2021 Lords Chamber

[Lord Callanan (Con)]

As the noble Lord is probably well aware, under the heat and buildings strategy, another of the Chancellor’s announcements last week, we have allocated hundreds of millions of pounds to the public sector decarbonisation scheme to go with the £1 billion that we have already spent in the past year on the PSDS. I could point the noble Lord to numerous examples across the country, both in London and elsewhere, of excellent schemes where the public sector is using these funds to deliver meaningful carbon reductions.

[Lord Foulkes of Cumnock (Lab Co-op)]

The Minister mentioned the carbon capture and storage facilities that have been approved. He will also be aware that the one that was most ready to go ahead is at St Fergus in Aberdeenshire, but that was not given approval. Why? Are the Government deliberately setting out to upset Scotland and the Scottish Executive?

[Lord Callanan (Con)]

I think that the noble Lord knows the answer to his own question. A rigorous process was gone through to determine which schemes should get the go-ahead. It is not true that the scheme to which he referred was the most advanced. An independent panel of experts studied all the bids. It is not the case that we are not going ahead with the scheme; it is on the reserve list. It will almost certainly proceed, but just not in the first wave.

UK Property Ownership: Overseas Jurisdictions

Debate between Lord Foulkes of Cumnock and Lord Callanan

Wednesday 13th October 2021 Lords Chamber

[Lord Callanan (Con)]

I am not familiar with the details of that Act, but, as I said and will repeat again: the register of beneficial ownership remains a priority; the role of Companies House remains a priority; and we will come to this when parliamentary time allows.

[Lord Foulkes of Cumnock (Lab Co-op)]

Could the Minister explain why we should not come to the conclusion that the reluctance to take action on this and other tax evasion and avoidance is because of the very generous donations given by Russians to the Tory party and Tory MPs?

[Lord Callanan (Con)]

The noble Lord would be incorrect if he came to that conclusion. HMRC and the Chancellor have taken robust action against tax avoidance and evasion and will continue to do so. Many of the complaints I get from people about HMRC are that it is too aggressive in pursuing individuals and companies for its tax take. So, it will take no lessons from the noble Lord in wanting to increase its tax take.

Greensill Capital

Debate between Lord Foulkes of Cumnock and Lord Callanan

Wednesday 14th April 2021 Lords Chamber

[Lord Callanan (Con)]

The Prime Minister has announced a review into this matter. I have seen the media reports the noble Lord refers to, but the Boardman review will cover all available facts. The Government will provide all necessary documentation to that review, and all participants have said that they are willing to provide the appropriate information as well. The noble Lord should give him a chance to do his work and see what he comes up with.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, the Prime Minister has said that the Greensill inquiry has carte blanche, so could the Minister assure the House that it will be able to look into the Scottish Government’s failed deal with Gupta and Greensill for the Lochaber smelter, which has lost the taxpayer half a billion pounds? Will it also look into the private meetings over dinner which Scottish Minister Fergus Ewing had with them, of which no records were kept and which were not reported to the Civil Service? The Cameron sleaze seems to have crossed the border to the Scottish Government.

[Lord Callanan (Con)]

The noble Lord is nothing if not firm in the points he makes. I can speak only for the British Government on this, as I suspect he knows very well. I cannot comment on or speak for the Scottish Government on their dealings. Our review will examine matters for which the UK Government are responsible. Perhaps he could take up his concerns about what happens in Scotland with the First Minister.

Hospitality Sector Minister

Debate between Lord Foulkes of Cumnock and Lord Callanan

Wednesday 3rd February 2021 Lords Chamber

[Lord Callanan (Con) [V]]

The noble Lord made his point very powerfully, and I will ensure that his comments are passed on to the Chancellor.

[Lord Foulkes of Cumnock (Lab Co-op) [V]]

My Lords, I have had a look at the websites of the two departments that are supposedly responsible for the hospitality industry—BEIS and DCMS—and there is a total of 13 Ministers, including three in the House of Lords. Whereas the noble Baroness, Lady Barran, has responsibility for ceremonials and the noble Lord replying has responsibility for the Ordnance Survey, not one of the 13 is listed as having responsibility for hospitality. Is this not embarrassing for the Minister and his department, and what will he do about it?

[Lord Callanan (Con) [V]]

There are two Ministers—Minister Huddleston in DCMS and Minister Scully in my department—who look after the interests of businesses and others in the sector, so the noble Lord need have no fears: the concerns of the hospitality sector are well heard in two government departments.

United Kingdom Internal Market Bill

Debate between Lord Foulkes of Cumnock and Lord Callanan

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Wednesday 18th November 2020 Lords Chamber

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, at a time when the role and, indeed, the very existence of this House is under increasing scrutiny, would the Minister agree that the fact that he has put his name to Amendment 2, and that he and the Government have accepted the spirit of many of the amendments that were moved in Committee, underlines the value of this second Chamber as a revising Chamber and that that is something that should be broadcast widely?

[Lord Callanan (Con)]

I agree with the noble Lord, actually. If you look at the degree of scrutiny with which this House has portrayed this Bill, as opposed to the degree of scrutiny in the other place, you see the value of the debates we have here.

United Kingdom Internal Market Bill

Debate between Lord Foulkes of Cumnock and Lord Callanan

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 2nd November 2020 Lords Chamber

[Lord Foulkes of Cumnock (Lab Co-op)]

Hear, hear.

[Lord Callanan (Con)]

I see the request has the enthusiastic endorsement of the noble Lord, Lord Foulkes. Therefore, as his biggest fan in the House, I am obliged to follow the idea put forward. I will of course write to the noble Lord, Lord Fox, on that.

Post Office: Horizon Accounting System

Debate between Lord Foulkes of Cumnock and Lord Callanan

Tuesday 6th October 2020 Lords Chamber

[Lord Callanan (Con)]

It is for Sir Wyn to decide how the inquiry gathers the necessary evidence, but I imagine it will want to gather evidence from all affected postmasters, including those in Northern Ireland. The noble Baroness makes a good point and I will ask my officials to speak with the Northern Ireland Executive on this matter.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, will the Minister tell the House how many lawyers were engaged opposing the sub-postmasters’ appeals? How much taxpayers’ money has been spent on it? How much of that money was spent since it was realised it was the Horizon scheme to blame, not the sub-postmasters?

[Lord Callanan (Con)]

I am afraid I cannot give the noble Lord a direct answer. I do not know how many lawyers were engaged. I will try to find out and will write to him on this. I should imagine a lot. But I do not know the number because the matter was one for the Post Office. We have announced the inquiry. These are matters that the inquiry will want to go into. I am sure Sir Wyn will want to pursue this. I hope he will produce the appropriate conclusions and will attach the blame—if there is any—to those who are responsible.

REACH and CE

Debate between Lord Foulkes of Cumnock and Lord Callanan

Thursday 17th September 2020 Lords Chamber

[Lord Callanan (Con)]

As I am sure the noble Lord is well aware, we have made it clear that seeking associate membership of the European Chemicals Agency would require us to accept the judgment and oversight of the European Court of Justice, which is not acceptable. Therefore, we will set up our own regime.

[Lord Foulkes of Cumnock (Lab Co-op) [V]]

My Lords, this is yet another burden of Brexit. Will the Minister tell the House what the cost will be to the Government and to businesses? Given the fiasco of test and trace, will he give an absolute guarantee that the regime will be up and running by 1 January?

[Lord Callanan (Con)]

Yes, I can give the noble Lord that guarantee. We will keep the transition to UK REACH as simple as possible. We have put in place measures to minimise the cost to businesses and maintain access to both the EU and the UK market.

Climate Change: COP 26 Arrangements

Debate between Lord Foulkes of Cumnock and Lord Callanan

Thursday 12th March 2020 Lords Chamber

[Lord Foulkes of Cumnock]

To ask Her Majesty’s Government what discussions they have had with the Scottish Government about the arrangements for COP26.

[The Parliamentary Under-Secretary of State, Department for Business, Energy and Industrial Strategy (Lord Callanan) (Con)]

My Lords, the UK Government are committed to working closely with the Scottish Government and with operational delivery partners, including Police Scotland and Glasgow City Council, to ensure the successful delivery of COP 26 in Glasgow. The UK Government are committed to working with the Scottish Government, the Welsh Government and the Northern Ireland Executive to deliver an ambitious, successful summit for the whole of the United Kingdom.

[Lord Foulkes of Cumnock (Lab Co-op)]

I am grateful to the Minister, but does he agree with me that the UK Government need to provide a lead if COP 26 is to be successful? With the Secretary of State being given responsibility for this, rather than a particular person with sole responsibility, how is he going to manage this with his other responsibilities? When I looked to see who is the Minister for climate change, I found that it is not only the noble Lord who is replying to my Question but the noble Lord, Lord Goldsmith. Does that not mean that there are going to be differences and clashes in Government? How are we going to achieve a coherent programme for reducing our carbon emissions right across government and right across the United Kingdom?

[Lord Callanan]

I think it demonstrates the importance with which we see the subject that a number of different Ministers are responsible and are involved in working towards policy to this end. The noble Lord can be reassured that my right honourable friend the Secretary of State is fully committed to making COP a success. We do not underestimate the challenge that this involves; it is going to be a huge gathering, requiring immense amounts of logistical and operational planning. We are committed to doing that. My right honourable friend the Secretary of State is working hard to deliver that, and we are talking to the Scottish Government about it.

Extension of Article 50

Debate between Lord Foulkes of Cumnock and Lord Callanan

Wednesday 25th September 2019 Lords Chamber

[Lord Callanan]

No 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.

[Lord Foulkes of Cumnock (Lab Co-op)]

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?

[Lord Callanan]

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.

Brexit: Discussions with the European Union

Debate between Lord Foulkes of Cumnock and Lord Callanan

Thursday 20th June 2019 Lords Chamber

[Lord Callanan]

I 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.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords—

[Lord Mackay of Clashfern (Con)]

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.

[Lord Callanan]

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.

[Lord Foulkes of Cumnock]

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?

[Lord Callanan]

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.

British Citizens’ Rights

Debate between Lord Foulkes of Cumnock and Lord Callanan

Tuesday 18th June 2019 Lords Chamber

[Lord Callanan]

A 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.

[Lord Foulkes of Cumnock (Lab Co-op)]

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?

[Lord Callanan]

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.

Brexit: Cross-party Discussions

Debate between Lord Foulkes of Cumnock and Lord Callanan

Thursday 16th May 2019 Lords Chamber

[Lord Callanan]

The 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.

[Lord Foulkes of Cumnock (Lab Co-op)]

I wonder whether the Minister can confirm that the Brexit shambles is one of the few fiascos that we cannot blame on Chris Grayling.

Brexit: Gibraltar

Debate between Lord Foulkes of Cumnock and Lord Callanan

Monday 29th April 2019 Lords Chamber

[Lord Foulkes of Cumnock]

To 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.

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

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.

--- Later in debate ---

[Lord Foulkes of Cumnock (Lab Co-op)]

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?

[Lord Callanan]

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.

Brexit

Debate between Lord Foulkes of Cumnock and Lord Callanan

Monday 25th March 2019 Lords Chamber

[Lord Callanan]

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.

[Lord Foulkes of Cumnock]

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?

[Lord Callanan]

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.

European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019

Debate between Lord Foulkes of Cumnock and Lord Callanan

Thursday 21st March 2019 Lords Chamber

[Lord Foulkes of Cumnock (Lab Co-op)]

My 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?

[Lord Callanan]

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.

Brexit: Date of Exit

Debate between Lord Foulkes of Cumnock and Lord Callanan

Thursday 14th March 2019 Lords Chamber

[Lord Callanan]

The 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.

[Lord Foulkes of Cumnock (Lab Co-op)]

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?

[Lord Callanan]

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.

Further Discussions with the European Union under Article 50 of the Treaty on European Union

Debate between Lord Foulkes of Cumnock and Lord Callanan

Wednesday 27th February 2019 Lords Chamber

[Lord Callanan]

As a consequence of that vote, nothing. What will then happen is that the following day the Government will ask the House of Commons whether it wishes to extend the Article 50 process. If the House decides that it wishes to do so for a short, time-limited period, the Government will introduce the necessary legislation—and will of course need to negotiate the relevant extension with the EU, as that is something that we cannot just decide to do unilaterally.

[Lord Foulkes of Cumnock (Lab Co-op)]

Has the Minister seen today’s statement by the Government of Gibraltar that, from their point of view, the best solution would be immediately to revoke Article 50? That has been suggested by the noble and learned Lord, Lord Mackay, and many others. It would be the best thing from the point of view of the UK, it would end uncertainty and it would enable us to get on with our business in an untroubled way. What is the reaction to the request from the Government of Gibraltar? They are literally on the front line in this matter.

[Lord Callanan]

The noble Lord will be unsurprised to know that, as usual, I disagree fundamentally with him. The Prime Minister has been clear that we will not be revoking Article 50 because to do so would disavow the results of the referendum. We take the concerns expressed by the Government of Gibraltar seriously, but the whole UK family, including citizens in Gibraltar, will be leaving the EU together.

As I said, the Prime Minister does not wish to extend Article 50 and has never wished to do so; it would simply defer the moment of decision and put off difficult choices. We want to leave with a deal on 29 March. Should MPs vote for an extension to Article 50, it should be time-limited and as short as possible, as I said in response to the earlier question. It remains the case that the best way to rule out no deal is to agree a deal. We do not want a no-deal outcome. The Government’s primary aim is to ensure that the UK leaves the EU on 29 March with a negotiated deal that will honour the result of the referendum. However, as a responsible Government, we continue to plan for all eventualities.

EU Withdrawal

Debate between Lord Foulkes of Cumnock and Lord Callanan

Wednesday 13th February 2019 Lords Chamber

[Lord Callanan]

I knew the Opposition would approve of that. I know that the noble Baroness will wish to speak to her Motion in a moment and so, if noble Lords will forgive me, I shall wait until my closing remarks to address it in full and to set out clearly how the Government will respond to it.

It also will not have escaped your Lordships’ attention that the vote in the other place tomorrow will not be the much-anticipated meaningful vote. As the Prime Minister has confirmed:

“When we achieve the progress we need, we will bring forward another meaningful vote, but if the Government have not secured a majority in this House in favour of a withdrawal agreement and a political declaration, the Government will make a statement on Tuesday 26 February and table an amendable motion relating to the statement, and a Minister will move that motion on Wednesday 27 February, thereby enabling the House to vote on it, and on any amendments to it, on that day”.—[Official Report, Commons, 12/2/19; col. 733.]


Noble Lords will clearly be aware of the statutory role that this House plays under the EU withdrawal Act, and debate will of course be necessary in this House also. The exact timings will be a matter for the usual channels. Nonetheless, as we proceed with today’s debate, I know that the work and the contributions of this House continue to play an important role in informing the deliberations and decisions of the other place. Indeed, the exit Secretary has made it his business from day one in office to work with this House and learn from the unparalleled collection of experience and expertise that resides on these Benches.

I am pleased that he was able to attend your Lordships’ EU Select Committee recently, and both of us met with Members on the Cross Benches earlier today. He is also meeting individual Peers from all sides of the House whenever he can, and his consistent message is that the Government want this House and its committees to continue contributing their wisdom as we shape our approach to the next phase of negotiations. The Constitution Committee heard similarly from the Chancellor of the Duchy of Lancaster last week. I hope that this shows the sincerity of the Prime Minister’s commitment to fuller and deeper engagement with both Houses of Parliament.

Of course, this House is also very busy in its role of scrutinising and passing legislation. I noted the tweets yesterday morning from the noble Baroness, Lady Hayter, which followed the appearance on the “Today” programme of my right honourable friend the Leader of the Commons. I agree that this House is playing a crucial role in considering both primary and secondary legislation. In the last fortnight alone, this House has considered three important Brexit Bills: the Trade Bill, the Financial Services Bill and the Healthcare Bill, which goes through Committee next week.

[Lord Foulkes of Cumnock (Lab Co-op)]

Does the Minister agree with what Andrea Leadsom said on the “Today” programme—that it is possible to get through all the legislation, the Bills and the statutory instruments, by the end of March?

[Lord Callanan]

I think that she said “all the necessary legislation”—so yes, I do agree with the comments that she made. As of today we have made positive progress and laid more than 420 statutory instruments out of the total of up to 600 required before exit day.

Brexit: Article 50

Debate between Lord Foulkes of Cumnock and Lord Callanan

Tuesday 5th February 2019 Lords Chamber

[Lord Callanan]

I did not hear that suggestion yesterday, but if we did not leave the European Union until the end of 2020 we would not have an implementation period, would we?

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, how are we going to get six Bills, hundreds of statutory instruments and scores of treaties through the House by the end of next month, even without having any recesses whatsoever?

[Lord Callanan]

I am tempted to reply that if the noble Lord was a little less obstructive in Committee, then we would not—

Brexit: Statutory Instruments

Debate between Lord Foulkes of Cumnock and Lord Callanan

Thursday 10th January 2019 Lords Chamber

[Lord Callanan]

We have said that we do not want or expect a no-deal situation to arise, but it is responsible to prepare for it.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, what parliamentary authority is there for expenditure, including on SIs, on a no-deal scenario, which has now been ruled out by the other place?

[Lord Callanan]

The no-deal scenario has not been ruled out by the other place. Parliament as a whole has legislated for leaving the European Union on 29 March this year. We hope to do so with a deal. If not, we will leave without one.

Brexit: Withdrawal Agreement and Political Declaration

Debate between Lord Foulkes of Cumnock and Lord Callanan

Wednesday 9th January 2019 Lords Chamber

[Lord Callanan]

My noble friend makes a good point, but important negotiations have been going on on these matters and we continue to discuss these matters with our EU partners. We hope to bring further clarifications before the vote.

The withdrawal agreement and political declaration demonstrate our joint commitment to a future partnership that reflects the depth of our shared history and values. It is right, as the most reverend Primate the Archbishop of Canterbury, among others, reminded us in the first debate, that this future partnership should work in the best interests of the country and for all generations in it. This deal delivers on the result of the referendum by restoring sovereign control over our borders, laws and money. It protects jobs and the vital security co-operation with our European neighbours, and it delivers certainty for businesses and citizens. This is a deal which, if passed in the other place, will ensure that our exit is smooth and orderly, and delivers in the national interest.

This deal delivers in securing the rights of EU citizens living and working in the United Kingdom, who make such a valuable contribution to our society, economy and public services. That contribution was highlighted by noble Lords, including the noble Baronesses, Lady Miller of Chilthorne Domer and Lady Kennedy of The Shaws, and the noble Lord, Lord Cashman. This deal delivers on that commitment and secures the rights of 3.5 million EU citizens living and working in the UK and those nearly 800,000 UK nationals living and working in the EU, so that they can continue living their lives broadly as they do now.

The noble Baroness, Lady O’Neill, rightly raised the important question of Irish citizens’ rights in the UK, particularly those who may be without a passport. The Government will ensure that these rights will continue to be protected when we leave the EU, no matter what the terms of our departure.

The noble Earl, Lord Clancarty, and the noble Baroness, Lady Thornton, spoke passionately about immigration and freedom of movement. We shall introduce a skills-based immigration system, built around the talents and skills that a person has to offer, not solely on where they come from.

This deal ensures there will be an end to the billions of pounds we send to Brussels every year, allowing us to invest in our domestic priorities. It means that we will leave the common agricultural policy and the common fisheries policy. We will once again be in control of our immigration policy.

Let me turn now to the political declaration, which sets out the terms of our future relationship. The noble Lords, Lord Mendelsohn and Lord Livermore, and my noble friend Lord Howard of Rising spoke about the impact of leaving the EU on the economy.

[Lord Foulkes of Cumnock (Lab Co-op)]

Why is the Minister reading out a speech drafted to reply to the debate that we are not continuing?

[Lord Callanan]

It was not drafted just for that; it has also taken account of the latest developments. Many noble Lords contributed in the first debate and we did not get the chance to reply to them. So, while making my points, I will seek to reply to the many questions asked of me in the debate at the time. I thought that would be helpful to the House.

The deal will pave the way for an unprecedented economic relationship with the EU—one that no other major economy has. We will have a new free trade area with no tariffs, fees, quantitative restrictions or rules of origin checks. We will also have an independent trade policy and strike free trade deals with partners outside the EU. I highlight to my noble friend Lady Hooper that this is being taken forward by my right honourable friend in the other place Dr Liam Fox.

Some noble Lords, including the noble Lords, Lord Owen, Lord Mancroft, Lord Lea of Crondall and Lord Monks, suggested a Norway-style EEA option as an alternative to the bespoke deal that is on the table. However, an EEA deal would leave us unable to end free movement without the EU being able to take retaliatory action. It would also not cover a range of important issues such as customs, external security or Euratom. Others have put forward a Canada-plus option as an alternative. However, we believe that we need a solution that allows for frictionless trade and at the same time avoids a hard border between Northern Ireland and Ireland. A Canada-style deal would not provide for this and would therefore be unacceptable.

Some noble Lords, including my noble friends Lord Shinkwin and Lord Hailsham, spoke about economic forecasts and assumptions of late. Let me highlight to noble Lords what has happened in our economy since the referendum. Total UK exports rose by 10.9% in 2017 compared with 2016. We have increased our exports from the equivalent of 28% of GDP to 30% of GDP. Of course we must not be complacent, but this does not represent the doom and gloom declared by many speakers. I agree with the passionate speech made in December by my noble friend Lady Meyer, who said:

“We should believe in ourselves”.—[Official Report, 5/12/18; col. 1077.]


My noble friend Lord Wasserman and the noble Lord, Lord Ricketts, were correct in their contributions. The security of our nation is paramount. That is why we have negotiated the terms of the most comprehensive security relationship in the EU’s history. The noble Lord, Lord Krebs, and my noble friend Lord Risby also raised the important issue of the UK’s participation in Galileo. The EU’s current stance is to bar the UK from full involvement in developing Galileo. The Prime Minister has made it clear that we cannot allow our Armed Forces to depend on a system that we cannot be sure of. As such, the Government will take forward plans, working closely with key international partners, for a new system that will fulfil our security requirements and provide appropriate resilience. We can of course discuss the matter of our past contributions to the Galileo project in future talks with the EU, as specified in the December joint report.

Many noble Lords, including the noble Lords, Lord Krebs and Lord Whitty, my noble friend Lord Heseltine, the noble Baronesses, Lady Bakewell, Lady Randerson and Lady Thornton, and the noble Earl, Lord Clancarty, spoke passionately about the UK’s scientific and education programmes. Noble Lords rightly asked about future collaboration with the EU on science and technology, and of course on higher education programmes. The withdrawal agreement offers certainty to universities and other UK recipients of EU research funding programmes, including Horizon 2020, by providing for continued UK participation until the current programmes end in 2020; and for the lifetime of individual projects, replacing the need for the Government’s existing funding guarantee.

We have been clear that we want to explore association with EU research and innovation programmes, Horizon Europe and Euratom research and training, and will of course be prepared to make an appropriate financial contribution if we do participate. That is why the political declaration sets out that the future relationship will include terms for the UK’s participation in EU programmes in areas of shared interest, including science and innovation, and culture and education.

Many noble Lords, predominantly on the Liberal Democrat Benches, spoke at length about their favourite subject: a second referendum. I repeat yet again that in June 2016, 17.4 million people voted to leave. The British people confirmed that decision the following year by voting for parties committed to delivering Brexit. This deal delivers for the British people.

The Liberal Democrats, I know, have history on this. Indeed, it was the Liberal Democrats under Nick Clegg who first called for a “real referendum on Europe”. I looked again at a copy of that leaflet and I have to say that nowhere did it call for “two real referenda on Europe”. What we need now is certainty and clarity and not the chaos and confusion of a second referendum and all the division that it would bring.

Brexit: Proposed Agreement

Debate between Lord Foulkes of Cumnock and Lord Callanan

Wednesday 14th November 2018 Lords Chamber

[Lord Foulkes of Cumnock]

To ask Her Majesty’s Government when they anticipate publishing the details of a proposed agreement with the European Union on the terms of the United Kingdom’s withdrawal.

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

My Lords, a deal is in the interests of not just the UK but the European Union. We want to make progress as soon as possible, but there will not be an agreement at any cost. As the Prime Minister said on Monday, we are now in the end game for negotiations and are working extremely hard to deliver the withdrawal agreement and the future framework.

[Lord Foulkes of Cumnock (Lab)]

My Lords, this has turned out to be a really topical Question. Does the Minister recall that the vote that took place in 2016—contrary to what the noble Lord, Lord Bates, said in answer to the noble Viscount, Lord Hailsham—was a vote by the narrow majority to authorise the start of negotiations for withdrawal? Now that we are imminently to be told the terms, surely the choice between leaving the European Union on those terms or the status quo should be put to another people’s vote.

[Lord Callanan]

I should congratulate the noble Lord on his foresight in tabling such a Question for such a slow Brexit news day, but perhaps we will be able to enlighten him further. I think that he is totally wrong in what he said and I agree totally with the answer given by my noble friend Lord Bates. We have already had a people’s vote and the people voted to leave. The question on the ballot paper was, “Do you want to leave the European Union or remain in the European Union?” and people said that they wanted to leave.

European Union (Withdrawal) Act 2018 (Consequential Amendments) Regulations 2018

Debate between Lord Foulkes of Cumnock and Lord Callanan

Monday 29th October 2018 Lords Chamber

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

My Lords, I beg to move the Motion standing in my name on the Order Paper.

[Lord Foulkes of Cumnock (Lab)]

As I understand it, this Motion is debatable and divisible. Before we consider whether to divide on it, it would be helpful if the noble Lord, Lord Callanan, would explain to the House why it is necessary, and as the noble Baroness, Lady McIntosh of Pickering, said earlier, I hope that he will do the same for all the important statutory instruments that appear before us as a result of Brexit. I look forward to hearing the noble Lord’s explanation as to why the House should pass these regulations.

[Lord Callanan]

My Lords, I am very happy to do that, but it is slightly regrettable that the noble Lord did not take the opportunity, as other noble Lords did, to speak during the full debate on the statutory instrument last Wednesday. I remind him that the Companion to the Standing Orders is very clear. Paragraph 10.15 says:

“Notice should be given of any intention to oppose a motion or amendment concerning delegated legislation”.


That notice is usually given by way of an amendment to a Minister’s Motion, and the noble Lord kindly had a word with me as I entered the Chamber this afternoon that he might oppose the Motion. I am very happy to talk him through the details of the statutory instrument, so I hope that he is sitting comfortably.

These draft regulations make technical, consequential repeals and amendments to certain pieces of legislation using the consequential power in Section 23(1) of the European Union (Withdrawal) Act for two main purposes. First, they repeal legislation that has become redundant in consequence of the repeal of Sections 1 to 13 of the European Union Act 2011 and Section 5 of the European Union (Amendment) Act 2008, which provides mechanisms for the approval or ratification of certain EU decisions or treaty changes that would result in a transfer of power from the UK Government to the EU. Sections 1 to 13 of the 2011 Act and Section 5 of the 2008 Act were repealed on 4 July this year following the acceptance by this House and the other place that they were redundant in the context of our exit from the EU. During the Report stage of the Bill, the Government set out that the repeal of this legislation would be effective shortly after Royal Assent, and indeed that is what happened.

Secondly, in consequence of those repeals, legislation that approved matters in accordance with those Acts has become redundant. That includes Sections 1 and 2 of the European Union (Croatian Accession and Irish Protocol) Act 2013, which approved the accession of the Republic of Croatia to the EU and the protocol on the concerns of the Irish people relating to the Lisbon treaty. It also includes the European Union (Approvals) Act 2017, which approved decisions that allowed Albania and Syria to participate as observers in the work of the European Union Agency for Fundamental Rights, and an agreement between the EU and the Government of Canada regarding the application of their competition laws.

[Lord Foulkes of Cumnock]

My Lords, I do not know whether any of my colleagues or others wish to participate in a debate but, first, I shall explain to the House and to the noble Lord that last Wednesday I was chairing a meeting involving Age Scotland, Age UK, Age Cymru and Age NI in my capacity as chair of Age Scotland, so I apologise for not having been able to attend the Grand Committee. However, I assure the Minister that I will be keeping a very close watch on all statutory instruments going to Grand Committee in the future, and, when I am here, I will certainly take the advice that he has now given me and come along to express my view, as I did on the matter of the British Transport Police and Police Scotland merger, when a number of my colleagues supported me.

However, as the noble Baroness, Lady McIntosh of Pickering, rightly said, there is a very large number of these statutory instruments to be considered, and it is important that this House considers them properly, whether in Grand Committee or on the Floor of the House or indeed both. Now that the noble Lord has given me that explanation, for which I am particularly grateful, on this occasion I do not intend to divide the House.

UK-EU Future Relationship: Young Voters

Debate between Lord Foulkes of Cumnock and Lord Callanan

Monday 10th September 2018 Lords Chamber

[Lord Foulkes of Cumnock]

To ask Her Majesty’s Government what opportunities there will be for United Kingdom citizens who have reached the age of 18 since the European Union referendum to have a say on the United Kingdom’s future relationship with the European Union.

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

My Lords, we continue to take a cross-Whitehall approach to engagement with young people, working closely with the Department for Digital, Culture, Media and Sport to ensure that we speak to stakeholders who represent a range of groups and opinions. DExEU Ministers and officials have held bilateral meetings and a round table with youth organisations that represent a cross-section of young people, and this engagement will continue as negotiations progress.

[Lord Foulkes of Cumnock (Lab)]

Oh. But may I invite the Minister to join the growing tide in favour of a people’s vote, not because the referendum was corrupted—although it was—but because this will be the first opportunity we will all have to choose between the result of the negotiation, on the one hand, and the status quo on the other? It will be the first time that 18, 19 and 20 year-olds will have had a chance to play any part in it, not having had a chance to do so in the referendum. It matters so much more to them than to us lot.

[Lord Callanan]

I remind the noble Lord that we have had a people’s vote already. I do not know what he thinks, but I thought that the people voted in the first referendum. David Cameron said, in 2015, that it would be the final decision: a once-in-a generation choice. To use a more personal example, I was not old enough to vote in the 1975 referendum, in which he no doubt participated. I cannot remember much about what happened then, but I might well have voted no, and I have had to live for 40 years with the decision that his generation took. That is in the nature of binary referendums: those old enough and eligible at the time participate.

Brexit: Parliamentary Processes

Debate between Lord Foulkes of Cumnock and Lord Callanan

Tuesday 24th July 2018 Lords Chamber

[Lord Callanan]

As we have said, Parliament will get a vote on the deal. We will discuss the legislation to implement that deal later, and there will be a parliamentary vote on the issue. We hope that it will find favour with Parliament, and no doubt we will extensively debate the legislation to implement it.

[Lord Foulkes of Cumnock (Lab)]

Will the Minister clarify the position regarding the vote on the deal? Does he envisage that one of the options that Parliament might consider is that we remain in the European Union?

[Lord Callanan]

The vote that Parliament will have will be whether to accept the deal or reject it.

Brexit: Preparations and Negotiations

Debate between Lord Foulkes of Cumnock and Lord Callanan

Monday 23rd July 2018 Lords Chamber

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

My Lords, negotiations on the United Kingdom’s withdrawal from, and future relationship with, the European Union continue at pace. The publication last week of the Government’s White Paper on the future relationship—a detailed and credible proposal—has given impetus to these negotiations.

Last month we published a joint statement that set out the substantial progress that we have made on the draft withdrawal agreement since the March European Council. We have reached agreement across the majority of the remaining separation issues. Last week my right honourable friend the Secretary of State travelled to Brussels to meet his counterpart, Michel Barnier, where they had constructive discussions on the details of the White Paper and took stock of the negotiations. While there are still issues to agree, our negotiating teams are working to ensure that these are finalised by October and that we reach a positive settlement for both the UK and the EU.

Domestically, we continue to prepare the legislation needed to implement the withdrawal agreement in UK law. We will publish a White Paper tomorrow setting out more details on this. On the future relationship, we believe that the White Paper that we have published is a principled and pragmatic plan for the relationship that we wish to build—an ambitious and innovative proposal that respects the position, interests and concerns of the European Union. It delivers on the decision of the British people to take back control of our laws, our money and our borders, while preserving and building on the historic ties with our European friends and neighbours, in areas such as trade and security, which we both rightly prize.

[Lord Foulkes of Cumnock (Lab)]

My Lords, the Minister said a minute ago that the White Paper will be published tomorrow, the day the House rises, which seems rather strange. What time tomorrow will it be published?

[Lord Callanan]

My right honourable friend the Secretary of State will be making an Oral Statement in another place tomorrow. I do not know whether we have an exact time for that yet.

Leaving the EU offers us an opportunity to forge a new role for ourselves in the world, to negotiate our own trade agreements and to be a positive and powerful force for free trade. Central to our proposal is a free trade area for goods, supported by a common rulebook for those rules necessary to provide frictionless trade at the border and a new facilitated customs arrangement. This will help to secure the complex supply chains and just-in-time manufacturing processes that we have developed with the EU over the past 40 years. This will give businesses certainty and clarity and preserve those jobs that rely on frictionless trade at the border.

A key component of the free trade area will be our proposal for a facilitated customs arrangement, or FCA. This is a business-friendly model that removes the need for any new routine customs checks and controls between the UK and the EU while enabling the UK to control its own tariffs and boost trade with the rest of the world. Under this arrangement, the UK would apply the EU’s tariffs to goods intended for the EU and its own tariffs and policy to goods intended for consumption here in the UK.

In contrast to the earlier proposal for a new customs partnership, the FCA will be an up-front system. This means that most businesses would pay the right tariff to begin with, rather than receiving a rebate at the point of final consumption. Other businesses could claim a tariff repayment as soon as possible in the supply chain. We will agree the circumstances in which repayments can be granted with the EU and, as the White Paper makes clear, we will negotiate a reciprocal tariff revenue formula, taking account of goods destined for the UK entering via the EU and goods destined for the EU entering via the UK. This model has the specific advantage of protecting UK-EU supply and value chains and the businesses that rely on them. For example, Airbus manufactures wings for all its civil aircraft in north Wales. These are then transported to the continent for final assembly. In Dagenham, Ford manufactures diesel power trains for export to the EU. As well as supporting businesses, this approach would meet our shared commitment to Northern Ireland and Ireland in a way that respects the EU’s autonomy without harming the UK’s constitutional and economic integrity.

Brexit Transition: European Parliament Membership

Debate between Lord Foulkes of Cumnock and Lord Callanan

Thursday 7th June 2018 Lords Chamber

[Lord Callanan]

Whether that would be a good idea or not, it would have to be agreed with the European Parliament and as we will no longer be a member state, I cannot see that Parliament being happy about the prospect of a non-member state sending representatives to it.

[Lord Foulkes of Cumnock (Lab)]

Will the Minister join me in commending the Electoral Commission for making provision for elections to the European Parliament, should we still remain as members?

[Lord Callanan]

We will not be remaining as members. The Government think it is a waste to spend money on an election that would be pointless because we will not have Members of the European Parliament. We also think it is pointless for the Electoral Commission to spend money preparing for an election that will not happen, and we have made that very clear to it.

UK-EU Security Partnership

Debate between Lord Foulkes of Cumnock and Lord Callanan

Thursday 17th May 2018 Lords Chamber

[Lord Foulkes of Cumnock (Lab)]

My Lords, I want to add to my question to the Minister from last week. Has he been able to check yet whether he can accept a wager from me that we will still be in the European Union at the end of March next year? If he can, in the light of the story on the front page of the Daily Telegraph today, I am willing to raise the stake to £100.

[Lord Callanan]

I have not checked the appropriate parliamentary procedures but I would be happy to see the noble Lord outside. It is always a great pleasure to take money off a Scotsman and I will endeavour to do so because we will leave the European Union in March next year.

Brexit: Logistics Industry

Debate between Lord Foulkes of Cumnock and Lord Callanan

Tuesday 8th May 2018 Lords Chamber

[Lord Callanan]

The border between the UK and Ireland will be a customs border in the future. Of course, we want to make that border as frictionless as possible, as we do the other borders. That is the purpose of the discussions.

[Lord Foulkes of Cumnock (Lab)]

My Lords, perhaps I can come to the assistance of the Liberal Democrats, who seem to be at sixes and sevens over whether or not we are going to leave the European Union. I am certain that we will not leave the European Union. Last week we had a Question on the dangers of gambling, particularly internet gambling, but I am prepared to make a wager with the Minister of at least £10—I am a generous Scotsman—that by the date designated for exiting we will not be leaving the European Union. Will the Minister take that bet?

Brexit: European Council and Commission

Debate between Lord Foulkes of Cumnock and Lord Callanan

Tuesday 27th March 2018 Lords Chamber

[Lord Callanan]

I am afraid I just do not agree with the premise of the noble Baroness’s question. We are extremely transparent and very accountable. We published a draft legal text on the implementation period. The EU publishes many documents; we publish many documents. We appear at numerous Select Committees and debates in this House to account for the Government’s strategy. We are committed to being as transparent as possible but, obviously, as is the case with the EU, we do not want to do anything to prejudice our negotiating position.

[Lord Foulkes of Cumnock (Lab)]

My Lords—

--- Later in debate ---

[Lord Callanan]

I see that my noble friend is as provocative as ever. We believe in democracy; part of the referendum was about taking back control. I am sure that this House, and the other place, are quite capable of organising our own affairs in the future.

[Lord Foulkes of Cumnock]

Was that not a waste of a question? You would have thought the noble Lord would have learned by now. Would the Minister now care to try to answer the question posed by the noble Lord, Lord Bridges, without reading from a pre-arranged brief? Which statement is correct: the first, that everything is agreed; or the second, that we have not agreed in relation to Northern Ireland? Which is correct?

[Lord Callanan]

We have a number of things to discuss with the EU about Northern Ireland. As I said to the noble Lord, it is one of the areas that has not been bottomed out into a legal agreement yet. We are committed to taking those discussions forward with the Commission and the Irish Government, but our red line of having no hard border between Northern Ireland and the Irish Republic remains, and of course, the indivisibility of the United Kingdom also remains a red line.

European Union (Withdrawal) Bill

Debate between Lord Foulkes of Cumnock and Lord Callanan

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

[Lord Callanan]

I am very happy to assure the Committee of that. As I said, we are working closely with the Government and people of Gibraltar. They are at the forefront of our consideration; they are our fellow citizens and our allies. We are working with them, we are co-operating with them and of course, alongside the rest of the negotiations, that will be one of our priorities.

[Lord Foulkes of Cumnock]

Perhaps the Minister will give way. He mentioned online gambling and financial markets, perhaps looking after the interests of people who are already quite well off. What about the workers who travel across from Spain to Gibraltar and vice versa? What about the tourists? What about ordinary people? There seem to be no guarantees. It all seems to have been done to look after the financial interests of the gamblers and the financial markets.

[Lord Callanan]

I am sorry that the noble Lord has a retrograde opinion on these matters. It may shock him to know that many ordinary people take part in online gambling and indulge in financial services. In fact, many of the workers that he refers to work in those areas, so perhaps he should not apply to everyone else the same prejudices that he has. They are successful industries that employ a lot of people. They are perfectly legal and people have a right to engage in them.

[Lord Foulkes of Cumnock]

I do not know whether the noble Lord sits in on any of our debates other than those on the Bill. I have been sitting in at Question Time and other debates—it is good to see three Bishops here today—where concerns have been expressed about online gambling and the effect that it has on ordinary people who get caught up in and become addicted to it. If the noble Lord does not understand concerns about that, he is missing an awful lot of the debates that go on in this House.

[Lord Callanan]

Of course I understand those concerns and why the industry needs to be properly regulated. That is being done and we are working with Gibraltar to ensure consistent regulation across the two territories. But of course that is not a matter for the Bill, I am pleased to say.

I hope that, with those reassurances, I have addressed the noble and learned Baroness’s concerns—

European Union (Withdrawal) Bill

Debate between Lord Foulkes of Cumnock and Lord Callanan

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

[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

Debate between Lord Foulkes of Cumnock and Lord Callanan

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

Debate between Lord Foulkes of Cumnock and Lord Callanan

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

[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.

Brexit: Negotiations

Debate between Lord Foulkes of Cumnock and Lord Callanan

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

Debate between Lord Foulkes of Cumnock and Lord Callanan

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

Debate between Lord Foulkes of Cumnock and Lord Callanan

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

Debate between Lord Foulkes of Cumnock and Lord Callanan

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.