European Research Infrastructure Consortium (Amendment) (EU Exit) Regulations 2018

Lord Fox Excerpts

Wednesday 28th November 2018 Lords Chamber

[Lord Fox (LD)]

My Lords, I thank the Minister for introducing this statutory instrument. I agree with her that ERICs have an important role to play in unusual but very important projects, such as the ones she has described. I feel we are witnessing something very sad. It is almost as if a whole edifice of structure and relationship is being knocked down by our withdrawal from the European Union and then, SI by SI, we are coming back with Lego bricks and trying to rebuild one piece, and then next piece. Of course I support the objective of this SI because it is putting back something that we should not be knocking down in the first place.

I admire the Minister’s gymnastics around the role of the ECJ. Of course, we on these Benches do not have to make the big exceptions and explanations that she is making for the benefit of her supporters. Of course the ECJ should continue to have the role that it has so, in all, what we see before us is a sensible and pragmatic piece of work, and we are glad that the Minister has brought it to the House today.

I had the benefit of a brief meeting yesterday, and I thank the Minister for that. One thing I asked in order to try to short-circuit some of these discussions was that the Minister would in her introduction or response give the House some idea of how a new ERIC would be established and what procedures would be gone through, given that we are now speaking from two jurisdictions rather than one. It is not clear to me from the background information or from yesterday’s conversation what that process is. Were I part of a consortium and to lead that consortium, how would I go about the necessary negotiations in order to deliver a new ERIC rather than simply sustaining the one we have? Who approves or oversees the statutes? As I see it, the ECJ covers the regulations and the board of the ERIC manages the statutes, but my question is about establishing the statutes. With that overriding question, I support the objectives of this SI.

[Lord Deben (Con)]

I much admire the Minister who introduced this statutory instrument, but I would not like her to go away with the idea that everybody is happy that we are playing around in this way with 40 years of building relationships with our neighbour. The truth is that the argument about the ECJ, although beautifully put and extremely elegant, really does not hold water. If you are going to have an agreement with your neighbour, it is not unreasonable to have an independent judgment should you fall out. The idea that this is different because it cannot impose any penalties itself but the organisation can as a result of its decisions seems to me to be a distinction without a difference. It arises only because my noble friend has to appease a lot of people who do not understand what a remarkable step forward the relationship between the United Kingdom and the rest of the European Union is and why that many of us will continue to fight for our membership whatever people say about ideas which we understand will leave Britain poorer off by the words of the Chancellor today.

One of the ways we will be left poorer off is that it will be more difficult to have these kinds of relationships. It is all right saying “we are a leader in the world”, but part of the reason why we are is because we are in the European Union, and if you remove us from the European Union it will be much more difficult to be a leader in the world. We merrily talk about this being necessary should we leave the European Union without a deal. If that were to happen, this is the last thing anybody would be thinking about. They would be asking how to get food in the supermarkets. They would be asking whether packaging would come to get the stuff to the supermarkets. They would be asking a whole lot of other questions, such as how can they get down the M20 or the M2. That is what they would be asking—this would be low down their list of priorities.

Of course we are not going to stop this affirmative resolution going through, but we are doing it in the heart of the most disgraceful activity Britain has done in peacetime for as long as anyone can remember. We are making ourselves poorer, less able to say something in the world, less able to have influence and less able to be a leader. We are doing so with our eyes open and asking people to support it. I have to say to my noble friend that I have come particularly to say that this does not have my support. I am not going to oppose her Motion, but it is a sad day that we have to have it at all.

--- Later in debate ---

[Baroness Vere of Norbiton]

The rules and regulations are agreed by member states as they come together to form the ERIC, so obviously, those statutes are specific to that ERIC. I take the point made by the noble Lord, Lord Stevenson, concerning if, for some reason, the ERIC regulations fundamentally change. I do not think they have changed since 2008-09 and there is no move to change them whatsoever—let us remember that other non-EU countries would also be impacted by such a change to regulations—so I cannot imagine that there will be a great groundswell to change them. The CJEU is looking at the statutes of the ERIC—not the regulations themselves, the individual statutes of the regulations. Obviously, if a ruling went against us, we would have to consider our position, but we must be realistic: not a single case has ever been taken to the CJEU. We are probably dancing on the head of a pin. We have a mechanism—I do not want to call it a backstop—through which disputes, if there are any, are now resolved and will be in future. We are content to maintain that mechanism and I hope that the noble Lord is too.

I am pleased to say we may well be joining a number of ERICs in the next few years, and I hope that I outlined the process in my opening remarks. BEIS Ministers, using royal prerogative, have authorisation to join an ERIC, but before that happens there is an enormous collaboration process with UKRI, which advises whether it is a good idea for us to join. Securing the funding comes down to priorities, business cases and collaboration between the Department and the Treasury.

[Lord Fox]

Just to be clear, the Secretary of State would exercise the royal prerogative.

[Baroness Vere of Norbiton]

Yes.

That is how, hopefully, we will be getting involved in new ERICs, which may happen soon. I take on board the comments of my noble friend Lord Deben, and I hope I have addressed them in the context of the CJEU and our pragmatic approach to this issue.

The noble Lord, Lord Stevenson, raised the issue of timing—when the legislation will be needed or commenced. Obviously, if we have a deal, we will never need it, and therefore we hope that it will be put to one side. However, there is a possibility that, a scenario in which, we end up with no deal after the implementation period. At that point, this piece of legislation and many others—