Brexit

Lord Haskel Excerpts

Saturday 19th October 2019 Lords Chamber

[Lord Haskel (Lab)]

My Lords, I did not recognise the picture painted by the Leader of the House in her opening words. Our membership of the EU has made us better off, it has been flexible and it has kept the peace. Yet many noble Lords tempt us to end the uncertainty by accepting this deal. That is wrong because of the damage that this deal will do both socially and economically.

Yes, ending uncertainty may produce a temporary pick-up but, as others have told us, in the medium and long term, we will be worse off; the noble Lord, Lord Kerslake, explained that it will be somewhere between the 5.5% loss of GDP under the May agreement and the 8.7% loss of GDP under WTO no-deal arrangements. That is obviously why the Treasury has been so silent. Is it worth the impact on our standard of living, at a cost far greater than our net contribution to the EU, for which we get something in return? Still to come, as many noble Lords have said, is the long and complex negotiation of future trade agreements, negotiations in a world of increasing trade conflict, less growth and increasing doubts about fair dealing.

The political declaration sees us leaving the customs union. That is a key requirement of business, and of the unions. Yes, there is some temporary alignment for manufacturing, but there is silence on services. All this is bound to worsen the fiscal framework for the promised spending on the NHS, education, infrastructure and the green economy. What about the loss of inward investment? Nobody voted for this.

Above all, there is the danger to the union. We must repair the strained relationship between us and the devolved Governments. All were opposed to leaving the EU, and somehow they must have a say. We know that this agreement is a damaging act of self-harm. Is this what the people want for their children and their grandchildren? Thousands of people are demonstrating outside—including my wife—saying that this is not their vision. It would be irresponsible and reckless to agree this with a sigh of relief just to get it over. I see no alternative to putting this to a public vote with, for the sake of the union, the alternative being to remain.

Brexit: Preparations

Lord Haskel Excerpts

Tuesday 8th October 2019 Lords Chamber

[Lord Callanan]

I thank my noble friend for his question. The proposal we have put forward is for Northern Ireland to be aligned with the EU single market for agri-foods and industrial goods but not part of the customs union, but he makes an important point.

[Lord Haskel (Lab)]

My Lords, under the heading “Harnessing Economic Opportunities”, the paper speaks of,

“a different approach to government procurement”.

What will this approach be? Is the idea that it will help UK companies? Will it incorporate British Standard 95009, a new standard that sets out the social and economic standards for public procurement? Is the idea of this to help UK companies? If so, how will that operate under WTO rules?

[Lord Callanan]

Of course we will always want to act in compliance with WTO rules, but the noble Lord will be well aware of the EU public procurement directives, which offer a very rigid and inflexible approach to public procurement. It is one of the many opportunities that we will be able to indulge in with smarter regulation but, of course, any proposals will be fully discussed in this House and the other place.

Brexit

Lord Haskel Excerpts

Wednesday 2nd October 2019 Lords Chamber

[Lord Haskel (Lab)]

My Lords, I would like to get back to basics because next week I have a birthday: a birthday that places me firmly in the generation that looked to the idea of a European Union as a means of maintaining peace in Europe, the rule of law, free liberal democracy, mutual respect and collaboration through economic renewal and progress. Yes, we were idealists then. However, this view has gradually became dated and replaced by people saying, “Let’s go it alone and control our own borders—have freedom to make up our own rules and regulations, and to trade with anybody we wish”. We now know that this has divided the country. It has divided us into those who are determined to leave, whatever the cost, and those who are alarmed and concerned about the cost and disruption and seek to minimise it. I belong to the latter group. Why? It is because of the size, the cost, the enormity of the disruption and the time it will take to adapt. All these things cause me great alarm.

In spite of all the assurances of a smooth exit, I think the Government have become alarmed too. They are desperately trying to prepare for the disruption through a whole ornithology of studies. We all know about Yellowhammer and the emergency plans to deal with the disruption of supplies but there is also Snow Bunting, which deals with the preparations the police have to make in the event of social disruption. Then there is Kingfisher, a scheme to save companies from collapse, presumably with financial support; and Black Swan, a picture of worst-case scenarios. Yellowhammer has been published in all its worrying detail. Will the Minister publish the other reports, or are they just too worrisome to contemplate?

There is yet more to worry about, such as Operation Brock and the disruption to ferry and road traffic that can be caused by delay or non-compliance. Yesterday, we heard about the dangers to health in losing access to food safety alerts. We know about the threats of violence to our politicians, particularly women. We know that civil servants too are being targeted, with one party leader accusing them of not doing a neutral job. What is the name of the bird that will help to protect our politicians and our civil servants from these pressures, so that they can properly carry out their tasks?

We in Parliament also have a considerable task. On 5 September in the Commons at col. 394, the leader of the other place said that there were 580 statutory instruments which have to be approved by Parliament so that no agreement would “happen smoothly”. He indicated that some 200 were in progress. Can the Minister tell us how many instruments still have to be scrutinised or debated, and will he ensure that none of them will be debated or scrutinised after they come into force?

We were promised a whole range of new opportunities. Perhaps the Minister can tell us what these opportunities will be when we leave the EU, with or without an agreement. The Chancellor of the Exchequer could not tell the Conservative Party conference. All he could do was to ask people to identify EU regulations that we can improve or remove—a kind of Red Tape Challenge. Is this really the best that the Government can do? If it is, fairly soon even the Brexiteers and the Government’s own supporters will turn on them.

Now that all these difficulties, problems and costs are apparent, I ask the Minister: do we really want to inflict them on ourselves? Do we really want to have years of uncertainty in grappling with the consequences, known and unknown? Surely, now is the time that people deserve a chance to think again, as any sensible person would do. Indeed, when I compare this scenario with the one that I described all those years ago, it does not seem dated to me now. The opportunity to think again would be an excellent birthday present next week.

Brexit: Preparations and Negotiations

Lord Haskel Excerpts

Monday 23rd July 2018 Lords Chamber

[Lord Haskel (Lab)]

My Lords, as I think the noble Lord, Lord Cavendish, has just told us, the White Paper is too little and too late. It was intended as a compromise between the various factions in the Conservative Party, as many noble Lords have observed, but sadly it seems to be unravelling. As a result, while Ministers are working on national recognition agreements, the rest of us are having to prepare seriously for the absence of these agreements. We have to prepare for shortages of goods and medicines, we have to prepare for disruption in deliveries at ports and airports and, as my noble friend Lord Browne of Ladyton explained, we have to prepare for an increase in security risks. The EU has issued a 15-page document with these warnings and, although firms are busily looking up the WTO rules, they will find blanks in many service areas and in areas dealing with medicine and health. As the Minister told us, our Government are preparing to issue 70 technical notices of their own.

I do not agree with the noble Baroness, Lady Deech. The economic implications of no deal are enormous. There are warning red lights flashing all over the place. That is because instead of addressing a sensible, negotiated agreement phased over a two-year transition period, we are having to prepare for no agreement within a few months. What concerns me is that, while all this is going on, we do not clearly state whose side we are on in world trade. We have to be on the side of multilateralism, international order and international co-operation, supporting the institutions that are dedicated to their maintenance—the UN, the WTO and, yes, the EU. On the other side are nations whose terms of trade are that each stands only for itself: world trade without rules or standards. I know which side I want to be on.

As my noble friend Lady Hayter explained, America is pursuing trade actions against China and against its near neighbours, Canada and Mexico, as well as against the EU. It is a trade war where might makes right. Moreover, WTO rules, already under attack, then become meaningless. This is what it means to be free to trade with anybody anywhere in the divided world that the noble Lord, Lord Forsyth, seems to prefer. Compare that with the recent agreement negotiated by the EU extending the common market to Japan, which many noble Lords have mentioned.

The White Paper tried to rescue us from this as far as manufacturing is concerned and that is welcome. If agreed, it may save jobs and avoid a dilution of labour standards, environmental standards and all the other standards that make up our quality of life. That is because it is these standards that are invariably the victims of a trade war. We can maintain these standards only in an orderly world of trade agreements and non-regression clauses.

Our ability to trade with the EU in services will have to come under a new legal structure. But before the Government go down that road, I urge them to make sure that we all agree on what services are. The distinction between goods and services has become very blurred. The Office for National Statistics has said that in 2016 we had a surplus of some £23 billion on our trade in services with the EU, but has the Minister looked at this from the Brussels standpoint? According to Eurostat, the remaining 27 have a surplus in their trade in services with us of a similar amount. Presumably we cannot both be right, unless we are counting different things. The ONS does not have an explanation.

You only have to listen to this debate to realise that the chances are slim of Parliament, never mind the Conservative Party, agreeing on a deal in the time remaining. Added to that, regulators now find that one side in the referendum broke the law and that, during the campaign, personal data was used illegally. To be constructive, as the noble Lord, Lord Butler of Brockwell, has asked us to be, a strong and principled leadership would seek to extend the Article 50 process until there is a good chance of consensus in Parliament and clarity on the legal issues. The Government could use the time to deal with people’s concerns about immigration, as the noble Lord, Lord Heseltine, suggested. Can the Government concentrate on finding a moral middle ground, which probably means staying in the common market, because that is what will work best for all of us in Britain? If we do not, a few may flourish, but most of us will become the victims of the inevitable rising inequality.

European Union (Withdrawal) Bill

Lord Haskel Excerpts

Report: 6th sitting (Hansard): House of Lords
Tuesday 8th May 2018 Lords Chamber

[Lord Haskel (Lab)]

My Lords, I will speak briefly in favour of Amendment 93, because it strengthens the argument of some of the amendments which I moved in Committee about maintaining our standards through membership of many of these EU institutions. These institutions set the standards which give us a quality of life that we have come to accept as normal as members of the European Union—indeed, as Europeans. They not only set the standards but have mechanisms to enforce them and are independent of government. In Committee, the Minister assured us that the Bill will seek to retain in UK law all these rights and protections,

“so far as is practical”.—[Official Report, 19/3/18; col. 19.]

The law may well be transposed, but it is toothless unless we have these institutions which monitor, measure and enforce compliance, and which have the right to exact penalties for non-compliance.

The right reverend Prelate the Bishop of Leeds said that to set up our own institutions would require a lot of time, expense and expertise, which we are short of. To accept these institutions would demonstrate that, by opening up our market, we are not entering a race to the bottom and we are not going to abandon the precautionary principle. There is a lot of uncertainty over withdrawal, but this amendment goes some way to ensuring that our quality of life as citizens will not suffer because of this uncertainty. That is why I support it.

[Lord Cormack (Con)]

My Lords, I will be equally brief and will make just one point. When I had the honour to serve on the EU Home Affairs Sub-Committee of the European Union Committee of your Lordships’ House—something that was brought to an abrupt conclusion when I voted for those two amendments on the Article 50 Bill last year—I remember vividly one particular evidence session. Those giving evidence were led by a notable citizen of the United Kingdom, Mr Rob Wainwright, who was the head of Europol. Everything he said throughout his evidence to our committee made it abundantly plain that, if our security and our relations on the police front were to be maintained, we had to have a solution that as closely as possible replicated what we already enjoy. That is why I strongly support the amendment, which was admirably moved by the right reverend Prelate and spoken to by the noble Lord, Lord Haskel, and my noble friend Lady McIntosh. They have made equally valid points, but at the end of the day what is fundamental to our country’s survival is adequate and proper security and the proper interchange of information throughout the 28 nations of the European Union as it is now. We are leaving, but in doing so we must not jeopardise in any way the security of our people. That is why I strongly support this amendment.

--- Later in debate ---

[Lord Haskel]

My Lords, I support the amendment tabled by the noble Lord, Lord Kirkwood, to extend the scrutiny period of the statutory instruments committee from 10 days to 15 days. Like the noble Lord, I speak from experience as a long-standing member of the committee. Yes, where an instrument is fairly routine and uncontentious, 10 days with one meeting is manageable but tight. That is not possible where the committee has doubts or queries and needs to make inquiries; to get answers from Ministers, from other parliamentary committees and, most importantly, from stakeholders and experienced people outside Whitehall in response to its concerns; and to have their views and responses considered at a second meeting. After all, they are the people who are most affected. I could give examples but the time is late. Still, there are many occasions when these inquiries have materially changed the view of the statutory instruments committee.

In my time many statutory instruments have been reported to the House as having had insufficient consultation, so I am reporting this clause to the House for not allowing sufficient consultation time. I hope the Minister will take note and change it.

[Baroness Jay of Paddington (Lab)]

My Lords, I support Amendment 70. If I am in order, I shall speak also to Amendment 71 in the name of the noble Lord, Lord Sharkey. I declare an interest as serving as a trustee of the Hansard Society under the able chairmanship of the noble Lord.

Way back in what now seems like pre-Neolithic times at the time of the Queen’s Speech, when we raised some general issues about the potential passage of the Bill, I spent some time, I think rather to the House’s amazement and considerable boredom, trying to emphasise some of the points about the role that secondary legislation was likely to play in the passage of the Brexit legislation as we now see it coming before us. The estimates since we spoke about that have varied widely, but I have to say that the director of the Hansard Society, who I regard as one of the country’s leading experts on this whole area, has mentioned a figure of 2,000 statutory instruments coming before this House.

The noble Lord, Lord Lisvane, has competently and eloquently described, both today and in Committee, the importance of his Amendment 70. Amendment 71 in the name of the noble Lord, Lord Sharkey, myself and two other colleagues is what I see as a belt-and-braces addition to Amendment 70; as the noble Lord, Lord Sharkey, has already said, it would be only a so-called nuclear option in particularly difficult circumstances. Given what has been described as the vastly uncharted waters in which we now embark on this, and remembering my time as the chairman of the Constitution Committee —on which the noble Lord, Lord Norton of Louth, whose name is also to this amendment, was one of my most helpful colleagues—we need at this stage to put some detailed amendments in the Bill that enable the principles that we have discussed so often during the passage of the Bill about the pre-eminence of parliamentary authority over secondary legislation to be put very firmly on the statute book. I think the amendment of the noble Lord, Lord Lisvane, is sufficient. With the addition of the one in the name of the noble Lord, Lord Sharkey, to which I have put my name, we will have, as I say, belt-and-braces protection.

European Union (Withdrawal) Bill

Lord Haskel Excerpts

Monday 19th March 2018 Lords Chamber

Moved by

[Lord Haskel]

214: After Clause 9, insert the following new Clause—
“Governance and institutional arrangements
(1) Before exit day, a Minister of the Crown must make provision that all powers and functions which form part of retained EU law, which relate to any right, freedom or protection that any person might reasonably expect to exercise, which were carried out by EU entities or other public authorities anywhere in the United Kingdom before exit day, and which do not cease as a result of the withdrawal agreement (“relevant powers and functions”), will—(a) continue to be carried out by an EU entity or public authority;(b) be carried out by an appropriate existing or newly established entity or public authority in the United Kingdom; or(c) be carried out by an appropriate international entity or public authority.(2) For the purposes of this section, relevant powers and functions include, but are not limited to—(a) monitoring and measuring compliance with legal requirements;(b) reviewing and reporting on compliance with legal requirements;(c) enforcement of legal requirements;(d) setting standards or targets;(e) co-ordinating action;(f) publicising information. (3) Responsibility for any powers and functions as defined in subsection (1) for which no specific provision has been made immediately after commencement of this Act will belong to a relevant Minister until such a time as specific provision has been made.”

[Lord Haskel (Lab)]

My Lords, Amendment 214 is about retaining our standards after we leave the EU. These are the standards of the goods and services we consume, the standards that maintain protections for individual and consumer rights, the environment, employment and a whole host of things. These standards underpin what ordinary citizens have come to regard as normal in their everyday life. Quite simply, many of the standards that we have come to accept as normal are set, and enforced, by EU institutions. When the UK leaves the EU, we will lose the benefits of these EU governance institutions, and it is not clear that they will be replaced. The amendment would create a duty to ensure that any governance or regulatory function relating to this that is currently exercised by an EU institution would be transposed into UK law.

It may be impossible to replicate the highly expert and specialised institutions which the EU has built over many years, but if a governance function is to be abolished, or just not replaced, there should be a proper debate and the Government should go about it in the proper way, through the parliamentary process. The amendment would ensure that these standards can be enforced, with clear options for redress should disputes arise and with clear dispute resolution procedures if the European Court of Justice is not involved.

In addition, these institutions would have to be independent. The European Environment Agency can threaten to take a British Government to court for not maintaining air quality standards. This is why the Government are busily making proposals to satisfy those standards. If the enforcement agency was just another branch of government, that would undoubtedly compromise the enforcement.

Why is it important to do this now? Surely we can leave it for later. No, we cannot. These institutions ensure that day-to-day decisions made by national and local government, and in public agencies, do not undermine these important standards and protections. That is why the principle has to be in place from day one. It also has to be in place then because, as the debate on amendments to Clause 6 made clear, where there is regulatory alignment on standards it is unclear how courts will interpret EU decisions in the event of disputes.

This amendment would ensure that, even with its lack of clarity on enforcement, our standards must not drop. Indeed, in the debate on Amendment 144, several noble Lords were concerned about the lack of clarity and certainty in the mutual recognition of standards in food, transport, professional qualifications and communications. In his response, the Minister spoke of the Government being,

“committed to maintaining high standards”,

but in a manner,

“still to be determined.—[Official Report, 14/3/18; col.1602.]

Presumably, this is because negotiations are taking place. I suppose we all have to live with that, but this amendment would help us to do so. It would deal with our concerns so that, whatever the outcome of these negotiations, the standards that are so important in our way of life will not be sacrificed. The article by the noble Lord, Lord Pannick, in the Times also touches on this. For instance, we all need to be assured that we will not alter or lower the standards of the general protection rules on data, because these govern the transfer and exchange of data. Doing so would have an absolutely devastating effect on data moving freely, impacting on the lives of millions of people.

--- Later in debate ---

[Lord Haskel]

My Lords, I thank all noble Lords for their support for the amendment and I thank the noble Baroness, Lady Jones, for adding her name to it. I do not think that her doing so has diminished it in any way at all. In response to the noble Lord, Lord Spicer, standards do help free trade because without them we enter into a race to the bottom. I thank my noble and learned friend Lord Goldsmith for making the point about parliamentary scrutiny, and I would say to the Minister that I do think this is a matter for the Bill. As I said, we are not seeking to affect the negotiations that are under way; what we seek is an assurance that our standards will not drop. It is in the Government’s hands to give that assurance. I shall study carefully what noble Lords have said and I beg leave to withdraw the amendment.

Amendment 214 withdrawn.

European Union (Withdrawal) Bill

Lord Haskel Excerpts

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

[Baroness Kramer (LD)]

My Lords, in the absence of the noble Lord, Lord Adonis, I am moving this amendment because it is an important amendment in an important group. I suspect that the noble Lord will want to make a more substantial speech than I will, but these amendments would essentially require the Government to have a strategy for how they build or retain engagement with the European Investment Bank and the European Investment Fund post Brexit.

[The Deputy Chairman of Committees (Lord Haskel) (Lab)]

Order. Could the noble Baroness tell the Committee to which amendment she is speaking?

[Baroness Kramer]

I am speaking to Amendments 183 and 187, which would require the Government to create a future strategy to retain engagement with the European Investment Bank and the European Investment Fund. On all sides of this House, Members have appreciated the value of both those bodies; their contribution to the UK has been substantial. In 2016, the European Investment Bank contributed support in excess of £5.5 billion to a very wide variety of projects, ranging from schools in Yorkshire to Crossrail. The European Investment Fund has played an absolutely key role in the development of new start-up companies in the UK, particularly in fintech—an area I am very close to—which received some £2 billion between 2011 and 2015. The Government have not yet made it clear to any of those in the business world, including those who rely on these sources, what the future framework will be either to continue a relationship with those two bodies or to replace them with an alternative source of funding.

From time to time the British Business Bank has been mentioned as a possible route to provide those mechanisms. However, I point out to the Government that businesses certainly need reassurance in that area if the Government intend to pursue that strategy. The British Business Bank is in no way geared up to make loans on the scale of the European Investment Bank, nor does it enter into the role that the European Investment Fund pursues, which has been very much to fund venture capital, which in turn flows into this range of start-ups.

I would like to hear from the Government how they see the future framework of the British Business Fund. Your Lordships will remember that in 2016, the Government were pursuing a strategy of essentially privatising that operation. It was widely understood that a number of companies—JPMorgan, Nunes, Deloitte and Norton Rose—were advising on the transfer of all the assets of the British Business Bank to an investment vehicle, to be called the “British Income and Lending Trust”, which would then be floated on the London Stock Exchange and its shares made available to investors. That would have been, in effect, the end of the British Business Bank, and the Government took that as a strong position. Its actions were ended somewhat abruptly because of legal complications surrounding the privatisation of the Green Investment Bank. I regret the Government’s decision, but the complications at that point led to the delay in the same strategy being applied to the British Investment Bank.

Can the Government give us clarity on the future of our relationship with the EIB and the EIF and, if they have decided that those roles will now be picked up by the British Business Bank, can they give us assurances about what the nature of this will be or say whether a delayed privatisation will take place? Can they also tell us where the British Business Bank will get funding from and on what scale, and whether it will get both the mandate and the resources to enable it to move into this field, which is far wider than the field it is currently engaged in? Without that, we will compromise not only our vast infrastructure projects, which are absolutely critical to any kind of economic growth, but also our start-ups, and particularly that very important area of tech and fintech which has been utterly dependent—you cannot find a single fintech in the UK which has not had funding through the EIF source.

--- Later in debate ---

[Lord Adonis]

My Lords, I am extremely anxious to speak to Amendment 174.

[The Deputy Chairman of Committees]

I fear that it was called and there was no response. I am now at Amendment 184.

[Lord Adonis]

I am still anxious to speak about roaming. The only reason why I was unable to move my amendment is that I was in a Division Lobby, not because of any lack of willingness to move it. Yet again, we see how these proceedings are not being well conducted, if noble Lords are unable to move amendments because of procedural matters.

European Union (Withdrawal) Bill

Lord Haskel Excerpts

Committee: 5th sitting (Hansard - continued): House of Lords
Wednesday 7th March 2018 Lords Chamber

[The Deputy Chairman of Committees (Lord Haskel) (Lab)]

My Lords, if this Amendment is agreed, I cannot call Amendments 72 or 73 because of pre-emption.

[Lord Sharkey (LD)]

My noble friend Lord Tyler has added his name to Amendments 71, 116, 253 and 257. Unfortunately, he is unwell and unable to be in his place today. He has, however, advised me —extensively—to rely heavily in my remarks on the report of the DPRRC published on 1 February. As I am sure that Members will know, the report was highly critical of this Bill. It noted that:

“The Bill confers on Ministers wider Henry VIII powers than we have ever seen”,


and went on to discuss some of these powers in detail. The first it examined was the use in the Bill of “appropriate” instead of “necessary” as a test for action by secondary legislation. The committee pointed out that this gives the Minister much wider discretion than the Government’s White Paper commitment not to make major changes to policy beyond those necessary to ensure continued proper functioning of the law after we leave the EU. Instead of a test based on objective necessity, the Government have substituted the much wider and entirely subjective test of the Minister’s judgment about what he or she considers appropriate. The Government must explain why they have abandoned the White Paper commitment. It would help us to understand their reasoning if the Government could also provide the House with concrete and substantive examples of where a test of necessity may fail to produce continued proper functioning of the law.

I am sure that when he does this, the Minister will want to acknowledge and deal with paragraphs 8 to 10 of the DPRRC report, which concluded, via a worked example, that a proper test of necessity does not prevent his choosing between possible solutions when the “necessary” threshold is in fact met. I am sure that he will tell the House why he disagrees with the DPRRC’s recommendation in paragraph 12, which simply says:

“The subjective ‘appropriateness’ test in clause 7 should be circumscribed in favour of a test based on objective necessity”.


As the DPRRC remarked, the Bill is packed with Henry VIII clauses, and it might be worth remembering what actually happened when the Minister’s predecessors, Thomas Cromwell and Lord Audley, presented the original Henry VIII power, the Bill of Proclamations, to Parliament. Historians have disagreed about Cromwell’s motives but not about what the Bill sought to do—to make the King’s proclamations enforceable as law by the courts. Both Houses of Parliament saw the evident dangers in this and both resisted. The eventual outcome, the Act of Proclamations, was a heavily revised version of the original Bill. It showed Parliament’s strength of feeling on the issue and its skill in avoiding direct confrontation with the King. In those days, the penalty for defying the Executive was a little sharper-edged than a visit from the noble Lord, Lord Strathclyde. In the end, Parliament passed the Bill but amended it to ensure that the provisions for enforcement would be wholly unworkable—and so it proved.

I am not suggesting exactly the same approach, but I do suggest that we take the same view as our predecessors about giving wide, direct law-making powers to the Executive. We should do what Parliament did in 1539—we should resist.