UK and EU Relations

Debate between Lord Kerr of Kinlochard and Baroness Anelay of St Johns

Tuesday 12th September 2017 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, I put the position very early on, in my winding-up speech, I hope, when I explained that the Prime Minister had made it clear that we were prepared now to ramp up the speed and increase the number of days for negotiation. That has not yet happened, but clearly what has happened is constructive and we now have time before 25 September for some of the technical agreements—which are right on the cusp of being made—to be sealed. That is to be welcomed. There is good will on both sides in this negotiation.

[Lord Kerr of Kinlochard]

My Lords—

Update on the Progress of EU Exit Negotiations

Debate between Lord Kerr of Kinlochard and Baroness Anelay of St Johns

Tuesday 5th September 2017 Lords Chamber

[Lord Kerr of Kinlochard (CB)]

My Lords, picking up the Minister’s answer to the question from the noble Baroness, Lady Hayter, about the devolved Administrations, I think I heard her say that the JMC (EN), the ministerial committee set up with the devolved Administrations to co-ordinate Brexit positions, will meet next month. Is that true? I see the Minister nodding. Excellent; I am delighted to hear that. Why has it not met since February? Why was none of these 10 papers, these little essays that were sent out in the summer, seen in draft by the devolved Administrations? Why did they not see in draft the only serious negotiating paper that the Government have put forward, the interesting paper on citizens’ rights? Why are the Government so determined systematically to break the promises given to the devolved Administrations about close consultation? While she is at it, could the Minister please give us an example of a successful money negotiation where one of the parties refused to put forward any numbers?

[Baroness Anelay of St Johns]

My Lords, the EU has not put forward any numbers. This is a negotiation and, I would like to say, a good-natured one. Clearly there are occasions when people like to take certain positions in the press, but those who are negotiating know each other, work well with each other and want to come to a result that is good for all of us.

With regard to the devolved Administrations, there has been continuous conversation not only between Ministers but between officials, where so much of the detailed technical work can be done. That will continue. As soon as I was appointed, I attended one of the parallel meetings that happen with the devolved Administrations, the general committee that meets about Europe, not about the negotiations. It was a privilege to be able to talk to representatives of Scotland and Wales. It is of course a disappointment that we are not yet able to talk to representatives of Northern Ireland until the Executive issue is resolved.

Brexit

Debate between Lord Kerr of Kinlochard and Baroness Anelay of St Johns

Tuesday 4th July 2017 Lords Chamber

[Baroness Anelay of St Johns]

My noble friend has a real way with words. I agree.

[Lord Kerr of Kinlochard (CB)]

My Lords, can the Minister tell the House why the Government have not put forward their proposals for the framework, as required by Article 50, for the future relationship, and when they will get round to doing so?

[Baroness Anelay of St Johns]

My Lords, we have set out our framework from the point of view of the objectives in, for example, the Prime Minister’s Lancaster House speech, repeated in the White Paper. That is the framework to which we are working and the one which our colleagues in the European Commission see as part of our negotiations. We have already had one round of those negotiations, and are looking forward to the second, starting on 17 July.

European Union Referendum Bill

Debate between Lord Kerr of Kinlochard and Baroness Anelay of St Johns

Monday 23rd November 2015 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, I am not quite sure what the colour of a herring may be, but all I can say is that I am sure that my right honourable friend could fillet it quite nicely.

However, the problem is that the result would not be predictable. This is the picture that the noble Lord, Lord Kerr, has carefully teased out. Clearly, there could be unpredictable consequences; that is why I am not in a position tonight to accept the amendment. There is also an issue about timing. It is simply not feasible, or indeed in the national interest, to tie the Government’s hands in legislation by setting out our preferred, almost negotiable, alternative before we have had the referendum, let alone before we know the consequences of the vote. We are focused on delivering a successful renegotiation. This debate, led by the noble Lord, Lord Kerr, has teased out the implications of the process. I hope therefore that I have put on the record more clearly the Government’s view of how those processes would be engaged. Although I am not able to accept the noble Lord’s amendment tonight, I hope that I have put on record sufficient information to enable him to withdraw his amendment.

[Lord Kerr of Kinlochard]

I thank the noble Baroness and all those who took part in this debate, particularly those who supported me. However, I am left worrying what the Scots have against me. When you think about it, everybody who spoke in support of my amendment was not a Scot and everybody who attacked it was a Scot—the noble Lords, Lord Hamilton, Lord Forsyth and Lord Lamont. I believe that the Stoddart family hailed from Scotland. Anyway, we Scots are a cantankerous lot.

I wish to comment on only three points from the debate. First, I totally agree with the noble Lord, Lord Stoddart, and indeed with the Minister, that the fact that the referendum is advisory, not mandatory, is a distinction without a difference. If the country votes to leave, we leave—that is for sure. I say to the noble Lord, Lord Hamilton, that I thought we had an agreement that we both were clear that any free trade agreement was perfectly possible. I am sure that it is perfectly possible although, of course, as the noble Lord, Lord Tugendhat, reminded us, there are free trade agreements and free trade agreements. Saying that it is possible does not guarantee that it is perfect. Where I cannot agree with the noble Lord, Lord Hamilton, is that I do not believe that it would be possible to secure full voting membership of the single market with no concomitant obligations on expenditure commitments. I do not believe that that is on offer or that it could be offered. That is where I differ from the noble Lord, Lord Hamilton. I am very grateful to my only Scottish ally in this matter—the noble and learned Lord, Lord Mackay of Clashfern—for confirming that my understanding of the law, although amateur, was in this case, by great good luck, correct.

The noble Baroness has moved a long way, for which I am very grateful. She has listened to what has been said in non-Scottish accents in various parts of the House during this debate. I think she is saying that, in the event that the country voted to leave, the Government would invoke Article 50—that that is the process that would be followed. I think she is also saying that the country would need to know before the referendum that, because we would be in an Article 50 negotiation, we would be unable to dictate the terms of our withdrawal—that that would be a matter for negotiation and that there could be, in her words, unpredictable consequences. I think she is saying that that is factual information, not speculative, which it would be the duty of the Government to make clear. The leave campaign will assert that we can dictate whatever terms we like. The stay campaign will assert that an Article 50 negotiation would, indeed, be a bear trap, as the noble Lord, Lord Forsyth, said. But what is important is that the Government should say what in their view would be the—

European Union Referendum Bill

Debate between Lord Kerr of Kinlochard and Baroness Anelay of St Johns

Monday 2nd November 2015 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, as I said, perhaps I can be more helpful. The noble Lord has been patient. I am now getting to the point that he wishes to hear. Noble Lords may recall the Prime Minister’s words last week in the other place, when he said,

“if we do not get what we need in our renegotiation I rule absolutely nothing out. I think that it is important that as we have this debate as a nation we are very clear about the facts and figures and about the alternatives”.—[Official Report, Commons, 28/10/15; col. 345.]

As I mentioned earlier today, if we are to put an obligation on the Government, the Committee would need to think very carefully about the terminology used. That goes to part of the debate we have just had. I have concerns about some of the wording used in these amendments. I can understand the good will behind some of it but there would be uncertainty about what the objective obligation specifically requires. While the Government acknowledge the importance of providing balanced information, this requirement could be an undue source of criticism, as there can often be a surprising—or, rather, unsurprising, I should say, given what we have heard tonight—level of disagreement about what counts as objective.

I think there has been a very fair reflection tonight of the feelings on all sides of the argument and about how fairness and evenness may not be perceived as such by others. It is a very serious matter to which we all need to address our greatest concentration in considering how we make progress on these issues. As I advised the Committee earlier, the Government will now think carefully about the issue of public information and consider what we may be able to bring forward by way of an amendment on Report. I continue to listen with interest to the arguments put forward by the Committee. Each of these groups of amendments has rounded out the debate more fully and started to crystallise some of the areas where there may be some agreement and those where perhaps there is unlikely ever to be agreement.

In the light of the answer I have given, I hope that the noble Lord, Lord Kerr of Kinlochard, will withdraw his Amendment 24. I urge other noble Lords with amendments in this group not to move them when we reach them.

[Lord Kerr of Kinlochard]

I thank the noble Baroness for her customary courteous, careful response to my amendment. I accept the criticism she made of its second proposed new subsection. She put it very vividly in saying that I was putting the cart before the horse before the horse had even bolted. I am sure the stable door was there somewhere. She has a point. Of course, the sequence would be, if we voted no, there is the vote, then presumably the Government go to Brussels and invoke Article 50, and there is a discussion from which an arrangement emerges, so she is absolutely right in her logic.

My amendment would have been better if I had asked the Government to report on the relationship with the European Union that they envisage in the event of a referendum vote to leave and on their view of the acceptability of such an arrangement to every European member state. I would be happy to see it adjusted. Maybe the Minister would wish to adjust it a little further.

European Union (Referendum) Bill

Debate between Lord Kerr of Kinlochard and Baroness Anelay of St Johns

Friday 24th January 2014 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, I am not seeking to interrupt for bad reasons the progress of the Bill or to prevent the next Peer speaking on the amendment. For the last hour or so, Members of the House have been asking what happens next. When my noble friend Lord Popat was challenged about rising times, he was unaware that amicable discussions were going ahead between myself and the Opposition Chief Whip with regard to today’s business.

The expectation of the Opposition Chief Whip and myself is that the House will rise after the conclusion of Amendment 48, which is shortly ahead of us now. I am saying this now so that those who wish to speak to the amendment after Amendment 48 but may not be involved in the rest of today’s business will have a better certainty about the planes and trains they need to catch.

There is an agreement that we should conclude today’s business at the end of Amendment 48 and I shall not seek to prolong the Committee stage beyond that. At that stage I shall seek to resume the House and shortly after that I shall adjourn the House. I will, in the normal way, as a courtesy to the House indicate formally—I am doing it informally now—that we will continue the Committee stage of this Bill next Friday, 31 January at 10 o’clock. My expectation is that the Committee stage will conclude on that day and, given the progress today, I believe that is a reasonable assumption.

I hope that that is helpful to all concerned who, in different ways, have been working hard on this Bill and for different reasons. I now invite those noble Lords who are taking part in the debate on Amendment 40 to continue to do so. I am grateful to the noble Lord, Lord Bassam, for the helpful discussions we have had today.

[Lord Kerr of Kinlochard]

I have added my name to probing Amendment 49, to which the noble Baroness, Lady Quin, has just spoken.

The credibility and authority of the result of a referendum is very important. I do not buy the argument that a referendum will lance the boil. The 1975 referendum singularly failed to lance the boil given the positions adopted by the Labour Party within a few years afterwards. Lancing the boil is not a good argument.

However, if you are seriously contemplating leaving the European Union, you should not do that unless you have a clear majority in favour of doing so. This is a very conservative argument which I put forward for the delectation of the noble Lord, Lord Dobbs, and his colleagues. The status quo should be changed only if a majority of the country want the change. That is why I support the threshold amendment proposed by the noble Baroness, Lady Quin.

However, I, too, do not wish to press the amendment now. I hope, following the suggestions of the noble Lord, Lord Higgins, today, that when we come back on Report, when we will be in Act 3 of the play, there will be a different spirit about, the question of thresholds will be approached in an apolitical way and people will be presenting constitutional arguments rather than party politics. On that basis, like the noble Baroness, Lady Quin, I shall be happy not to press Amendment 49 at the moment.

European Union Bill

Debate between Lord Kerr of Kinlochard and Baroness Anelay of St Johns

Tuesday 5th April 2011 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, of course I do not seek closure. I know that my noble friend has been very generous in his winding-up remarks and that noble Lords have been keen to intervene to achieve elucidation. These are indeed very important matters. I appreciate that we are now reaching two hours, 48 minutes. We do not have anything by way of a guillotine in this House, but we have self-regulation. I believe that it is the sense of the Committee that it would be right for the mover of the amendment to respond now to the position put by my noble friend Lord Howell.

[Lord Kerr of Kinlochard]

I am grateful to the Minister for his considered reply. I strongly agree with his point about public disquiet and concern. Particularly in this House, we underrate the extent to which public opinion has moved against the European Union in recent years. However, the Bill will do absolutely nothing to remedy that concern and disquiet. What we need to do, and this is a responsibility particularly of the Government, is to be out selling in public the truth about the European Union. However, I agree with the analysis that the Minister provided at the outset of his remarks.

He was also quite right to range widely before focusing on my amendment, because, alas, the debate had ranged very widely. I did not realise how many of the captains and the kings would come in and how much Sturm und Drang we would have as we ranged over the battlefield. Quite a lot of the debate was, as the noble Lord, Lord Richard, pointed out, technically a little bit out of order, but it was very interesting.

I have to disappoint one or two noble Lords who spoke in favour of my amendment—and I note that only two spoke against it, none of them from the government Benches. My disappointed comes from the fact that the scope of my amendment is extremely narrow. If the Government were to accept it, and I do not know why they do not, the particular procedures applying to treaty amendments that result from the simplified process would fall away and all treaty amendments would be handled in the same way. I do not know why Clause 3 is needed as well as Clause 2. I was not arguing today that nothing that is done by the simplified procedure should ever justify a referendum—that is my view, but it was not the argument that I was making today. My argument today was that there was no need for Clause 3 and no need anywhere in the Bill for any reference to Article 48(6). We need proper, substantive definitions based on the content of a treaty amendment—what it says, what it does—to decide how significant they are and whether there is a requirement for a referendum. I will probably be somewhere else on the spectrum of that debate from the Minister. You need to address the substance of the treaty amendment, not the process by which the treaty amendment was arrived at.

Clause 2 refers to: “Treaties amending or replacing TEU or TFEU”. The title of Clause 3 is: “Amendment of TFEU under simplified revision procedure”. If Clause 3 vanishes, the only procedure you would have would be that set out in Clause 2, and it would apply to all treaty amendments. I cannot see why the Government do not buy that.

The Minister spent a long time trying to persuade us that you could, under the simplified revision procedure, transfer competences to the European Union, despite the plain wording of Article 48(6) that you cannot transfer competences to the European Union by that root.