6 Lord Kerslake debates involving the Department for Exiting the European Union

Sat 19th Oct 2019
Mon 25th Mar 2019
Wed 1st Mar 2017
European Union (Notification of Withdrawal) Bill
Lords Chamber

Committee: 2nd sitting (Hansard): House of Lords
Mon 27th Feb 2017
European Union (Notification of Withdrawal) Bill
Lords Chamber

Committee: 1st sitting (Hansard): House of Lords

Brexit

Lord Kerslake Excerpts
Saturday 19th October 2019

(4 years, 8 months ago)

Lords Chamber
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Lord Kerslake Portrait Lord Kerslake (CB)
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My Lords, when the Prime Minister made his “do or die” statement during the Conservative leadership campaign, I felt strongly, and said at the time, that he had boxed himself in. He is now seeking to release himself from that box by agreeing to something that both he and his predecessor Theresa May said no British Government could or should ever contemplate: putting a border in the Irish Sea.

Politics is often described as the art of the possible. For this Prime Minister, it is the art of the expedient. For all the bluster and tough talking by the new Government, much of the withdrawal agreement and political declaration negotiated by Theresa May remains unchanged. In so far as it has changed, it has been materially for the worse. Those who say that it opens up the prospect of a harder Brexit, greater regulatory divergence and a race to the bottom on workers’ protections are right. We have seen assurances from the Government today on that, but why were those things taken out of the agreement in the first place?

There is a connection between this and the economic impact. We do not have the Treasury’s economic assessment, as others have observed, but we have the economic modelling of the independent think tank UK in a Changing Europe, which says that this deal will be significantly more economically damaging in the long term than the May deal. This economic damage will be even greater if we have the equivalent of a no-deal Brexit in December 2020, as some of the hard-line Brexiteers are secretly hoping for. Whatever short-term boost there is to the economy from reaching a deal will quickly evaporate as trade barriers start to be erected. Here is the connection, as the noble Lord, Lord Liddle, pointed out: to respond to that economic challenge, workers’ rights and conditions will be under threat.

The Johnson deal materially adds to the risk of the United Kingdom breaking up. Much has rightly been said about Northern Ireland, but if this deal goes through, a second referendum on independence in Scotland would be almost impossible to resist and would have a much stronger prospect of succeeding. Like John Major, I find it genuinely surprising that some of the most passionate supporters of the union are willing to put that at risk for this deal.

In short, I did not much like the May deal and I like this one even less. The only reason this deal is being given houseroom at the moment is Brexit fatigue. I doubt that there is anyone in this room who is not heartily sick of Brexit. Indeed, Sky News now runs a separate news channel where the B-word is not used. It is also right to say that Brexit has crowded out many vital issues facing this country and damaged trust in our democracy. However, as so many others have said, agreeing this deal now does not end the uncertainty or Brexit. The Brexit nightmare will continue for years to come. It will be like the film “Groundhog Day”, but without the laughs. We will still wake up to the latest Brexit news on our radios; the only thing that will have changed is that John Humphrys has now retired.

It is now three years and four months since the EU referendum. The terms of our departure now proposed are almost unrecognisable from those which were promised at the time of the referendum. It may be that, despite all this—despite the fact that the benefits are so much smaller and the costs so much higher—the public still feel that leaving the EU is worthwhile. However, given the extent of that change and the deep divisions we have in Parliament, we should let the British people make that choice. If I were not in this Chamber today, I would be on the People’s Vote march.

Brexit

Lord Kerslake Excerpts
Monday 25th March 2019

(5 years, 2 months ago)

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Lord Kerslake Portrait Lord Kerslake (CB)
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My Lords, Brexit debates in this House have become a bit like buses—the buses in London at least—if you miss one, there is no great concern because another will be along shortly. I think, however, that in today’s debate we are finally reaching a critical point: there is literally no more road to kick the can down.

When I last spoke on Brexit in this House—on 9 January, just before the first meaningful vote—four things were clear to me. First, the Government’s deal would be defeated heavily in the Commons and deserved to be. Particularly with this deal, it is not the end of Brexit; it does not bring closure on Brexit; it would continue for years to come. It is like the film “Groundhog Day”, but without the laughs. Secondly, despite the preparations that have been referred to, we were not adequately prepared for a no-deal Brexit. The risks if it happened were simply too great to be contemplated. Thirdly, the only way out of the parliamentary impasse was to hold a second referendum. Fourthly, extension of Article 50 beyond 29 March was inevitable. Those were my views on 9 January. On the first three, nothing has happened to change them. On the final one, we have, belatedly, an extension, albeit too short.

Like others in this House, I listened carefully to the Prime Minister’s speech this afternoon. Even with the extension, we are in the extraordinary position of potentially being just weeks away from leaving the EU without having an agreed basis on which to leave. This week, we face the possibility, not the certainty, of a third meaningful vote if the Prime Minister thinks she can win it, and then a series of indicative votes by the Commons on the options were she not to succeed. I laud the intention of those promoting a vote on the options, but I have some doubts that it will secure a clear path ahead in the time available. In these exceptional circumstances, I think that the Civil Service has a duty to the Crown and the country as well as to the Government. It must be allowed to give us its full and unvarnished assessment of the impact of leaving on 12 April without a deal. From what I understand, it would not make pretty reading.

The Government were wrong to seek a short extension and the EU has not given us the time necessary to do justice to the debate on the fundamental options that we need. We need a proper pause to the process to allow the country to reflect on its future choices. This means either securing a long extension or, as I would now favour, revoking Article 50, as proposed by the noble Lord, Lord Adonis, in his Motion. Having to hold elections to the European Parliament would be an inconvenient but small price to pay given the scale of the choices that we are now faced with.

Three words have characterised the recent Brexit debate: humiliation, betrayal and patriotism. There is no doubt in my mind—and, indeed, among the vast majority of the British public—that the Brexit process has been an utter humiliation. The EU has been as united and clear-minded as we have been divided and muddled. When and if the dust settles on all this, we will certainly need a full public inquiry to learn the lessons from this most unhappy period.

Those favouring Brexit have spoken long and loud recently about its betrayal—by the establishment, by Parliament and by the Civil Service. If you started out with the belief, as many Brexiteers appeared to do, that Brexit was going to be an easy and painless process, it is just possible to see how you might come to this view. But it was never going to be easy and hard choices were always going to have to be made—choices that have been consistently ducked rather than debated and decided. It is worth remembering that Ministers strongly supporting Brexit held the key positions in the Government during the period. The Brexit process has their name on it. If the Brexiteers want to find out who is responsible for the current state of affairs, they need only look in the mirror.

For the rest of us, we have lost nearly three years: 1,000 days of our lives that we will never get back. In the circumstances, the public are entitled to have the final say on the way out of this mess. That is why I was glad to go on the march on Saturday.

Finally, I will say a word on patriotism. It is just over 75 years since my father’s Avro Lancaster was shot down over Germany. He was just 18 at the time and spent the rest of the war in a prisoner of war camp. He suffered a back injury that stayed with him for the rest of his life. He was, though, one of the lucky ones. Four of his crew, of similar ages, failed to get out of that plane and were burned alive as it came down. After the war, my father came to understand the damage done to German cities by the Bomber Command raids and dedicated a good part of his life to building links with Germany through town twinning. This is the kind of patriotism that I understand—not the blustering nonsense of some of the ERG—Britain and Europe together, national and international.

Europe is becoming a dangerous place with the rise of militant nationalism. Britain can be part of challenging this or it can contribute to it through its actions. When the debate about borders and backstops has gone, the key test of whether we have got this right is whether those four crew members did not give up their lives too early, for no good reason.

Brexit: Withdrawal Agreement and Political Declaration

Lord Kerslake Excerpts
Wednesday 9th January 2019

(5 years, 5 months ago)

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Lord Kerslake Portrait Lord Kerslake (CB)
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My Lords, if we take the period from the start date of the EU referendum campaign to the end date of the implementation period—if the Government’s proposed deal goes ahead as planned—the whole Brexit process will have taken close on five years. That is five years in which Brexit has completely dominated the political debate in this country to the exclusion of almost every other important issue. It is sobering to ask what we will have to show for investing so much of our collective effort into this one issue: a more divided country, a weaker economy, a fractured politics and a much less influential role in the world. I find it hard to think of a more dispiriting period for Britain in its recent history.

The Second World War lasted six years and left an utterly devastated Europe, but out of that war came a new economic, political and social order. Does anybody really think that we can have the same sense of optimism about what will come out of Brexit? I say “if” the current deal goes ahead as planned because there is every prospect that it will be voted down when the Commons votes next Tuesday. Even now, we do not know what concessions the Government might scramble to secure in the final days before that vote but, as things stand, the Government will be defeated and, in my view, they deserve to be defeated. The deal negotiated is not an acceptable basis for the United Kingdom to leave the European Union.

The objections to the deal have been well rehearsed in this House today—and indeed on other days—and elsewhere, so I do not need to repeat them all here. Put simply, it concedes too much power now and leaves too much to be resolved for the future. I did not personally feel comfortable with the use of the term “appeasement” by the former Governor of the Bank of England, the noble Lord, Lord King, but there is no doubting the sense of defeat here. It is hard to see this deal as worthy of the sixth largest economy in the world.

The Government’s defence of the deal has focused less on the merits of the deal itself and more on the potentially dire consequences of the alternatives. On the risks of a no-deal Brexit, I would agree with them. Much of the debate on a no-deal exit has been on the immediate disruptive effects and the state of our preparations to handle them. This is indeed a real issue, and I have argued before that preparations would have needed to start a lot earlier, and a lot more money spent, for us to be confident about our ability to manage this effectively.

However, by far the bigger issue is the risk of an economic shock at a time when the global economy is faltering and the UK economy is fragile. The Global Economic Prospects report by the World Bank, published today, makes sobering reading. While I can see the attraction for ardent Brexiteers of a clean break—in one bound we are free—the risks of a severe economic shock are simply too great to contemplate.

I observe that the most prominent advocates of the no-deal option are what I would call people of means—people who are able to manage the economic consequences whatever they are. Some can even decamp to their homes on the continent if the going gets really rough. Most of the population of this country are not in this happy position. Our primary concern should be with the economic interests of those people and we should not be putting their livelihoods at risk. I say to those who advocate a no-deal Brexit that simply putting the word “managed” in front of the words “no deal” does not change the level of risk by one iota. So, I support the amendment and I will vote for it on Monday night.

If you eliminate the current deal and no deal, there are two potential ways forward: to go back to Europe and seek to renegotiate a very different deal, or to have a second referendum. These are not mutually exclusive options. Both would require a significant extension or revoking of Article 50. At the very minimum, the Government must recognise the reality that if they lose next Tuesday there must be an extension of Article 50. Not to do so at that point would be a complete abdication of their responsibilities. Even if the deal were agreed next week, the timescales for passing the remaining legislation are extraordinarily tight. Further delay following a defeat would make them impossible.

If we seek an extension to the timetable on Article 50, we will need a clear reason for doing so. In my view, the clearest and best reason would be to hold a second referendum. I did not start out with this view at the beginning of the process but the grievous misjudgments by the Prime Minister along the way, and the unpalatable choices now facing us, make it the only plausible option. It has significant difficulties, but I do not buy the apocalyptic predictions of some Ministers. It is perfectly reasonable—indeed, not uncommon —in countries where referenda are more regularly used to give people the opportunity to express a second opinion. We are a parliamentary democracy. It is not an insult to the British people to ask them to look again at the choices now that we know the tangible options rather than the theoretical ones we were presented with at the time of the referendum. The bigger insult would be to suggest that their view would remain rigidly the same regardless of what we have learned since.

The most recent YouGov poll, reported in the Observer at the weekend, suggests that, faced with the current choices, people would now vote to remain. But that is not the main issue. Those campaigning for a second referendum, whatever their individual reasons for doing so, are fundamentally right on one key point: Parliament is at an impasse and it is time to let the people decide.

Brexit: People’s Vote

Lord Kerslake Excerpts
Thursday 25th October 2018

(5 years, 7 months ago)

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Lord Kerslake Portrait Lord Kerslake (CB)
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My Lords, I start by thanking the noble Lord, Lord Campbell, for initiating this debate. It gives me the opportunity to explain my own journey from being a sceptic about the case for a second referendum to joining the march in support of it last Saturday.

As a realistic remain voter—as I would call myself—I was naturally disappointed with the result, but felt that our focus should move on to limiting the damage from our departure. An immediate call for another referendum looked to me like a refusal to accept the outcome of the vote. Two and a half years on, my views have firmly changed, for three main reasons, including, first, the truly disastrous process of the negotiations. With the possible exception of Liam Fox, I do not think that anyone believed this would be easy, but no one could have conceived how badly it would go. The blame is variously laid at the door of the intransigence of the European Commission or—rather unfairly, indeed absurdly—on a secret remain agenda on the part of the Civil Service. Like the noble Lord, Lord Ricketts, I pay tribute to Sir Jeremy Heywood. The true cause of the problem lies in a series of grievous misjudgments on the part of the Prime Minister and the Government: the triggering of Article 50 without a clear plan, thus handing the powerful lever of time over to the Commission; the setting of red lines around the single market and the customs union, building false expectations and rigidity into the negotiations from the start; and the calling of the general election in 2016, which wiped out the Government’s majority and left them hostage to the DUP and minority groups within their own party.

As a direct consequence of these misjudgments—this is my second reason for supporting another referendum—we are now faced with some very unenviable choices. Those who express strong concerns over the Chequers proposals, and say they are worse than the status quo, have a point. We will become a rule taker and risk being perpetually on the wrong end of future EU trade negotiations. Equally, the economic and social risks of a no-deal Brexit are so immense that they cannot, and should not, be countenanced.

I do not need to speak at length on this, as the CBI, the TUC and the NAO have all already done so. It strikes me that those who are relaxed about a no-deal Brexit are very often “people of means”, able to withstand the severe economic shock that would almost certainly follow. Our concern should be for the bulk of the population, for whom this is simply too big risk to take. It may be that, even at this late hour, the Prime Minister can still secure a good deal with the EU and persuade Parliament to support it, in which case today’s debate will have been redundant. But if she cannot—this seems the most likely outcome—a no-deal Brexit must not be the answer.

My third reason for changing my view is the progressive loss of Britain’s standing and influence since the referendum in an increasingly uncertain and dangerous world. Contrary to all the assurances given at the time, the reality of a diminished Britain is there for all of us to see. I expected leaving the EU to result in our having a smaller economy, but not in our becoming a smaller country.

I am very much aware of the challenges that holding a second referendum will bring. But in the circumstances that we now find ourselves, it seems the only viable option. Sherlock Holmes, in The Sign of Four, says to Watson that,

“when you have eliminated the impossible, whatever remains, however improbable, must be the truth”.

The need for a second referendum is now the improbable truth that we should recognise.

European Union (Notification of Withdrawal) Bill

Lord Kerslake Excerpts
Baroness Hamwee Portrait Baroness Hamwee (LD)
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My Lords, I have tabled Amendment 25 on behalf of the Joint Committee on Human Rights, of which I am a member. It is also supported by the noble and learned Lord, Lord Woolf, and the noble Baroness, Lady Lawrence, who are also members, and the noble Lord, Lord Kerslake. Inevitably, I will speak a little to the other amendments in the group, but I assure noble Lords that I have crossed out quite a lot of the speech I arrived with.

Of course, I am aware of the statements made by Ministers, most recently the Home Secretary’s letter to noble Lords, but none of these amounts to an acknowledgement of rights—I stress rights. That is almost where we started, with the second speech from the noble Viscount, who referred to natural justice. The JCHR has reported largely on the basis of the European Convention on Human Rights. In the spirit of the committee’s very moderate amendment, I assure noble Lords that our amendment, unlike others in this group, does not amount to an attempt to delay or frustrate leaving the EU.

I am puzzled by the logic of the Government being committed to assurances, while at the same time saying that nothing can be settled now. The latter must call the former into question. Noble Lords have talked about how offensive it is to treat people as commodities, but even if it were appropriate, how useful would it be as a bargaining chip? Ministers are saying that we have their assurances that this issue is a priority. Does not that give us the worst of all worlds—a bargaining chip without any negotiating advantage—because we have acknowledged its priority? Have we downgraded other issues? I leave these questions hanging.

It is said that a unilateral arrangement makes no sense, but I put a different view to your Lordships. Even at the cold, unemotional level of negotiating tactics, I believe it does. As the noble Lord, Lord Anderson of Swansea, said, a good will gesture or a moral gesture can be a very effective negotiating tool in itself. I do not have other noble Lords’ impressive record of high-level negotiation, but I have done my share of all-night stints constructing some agreements. I have found that it can be effective.

We are putting the responsibility on other states by saying that they insist on no negotiation before notification, but there is no technical reason why there cannot be a unilateral position. Of course, UK citizens in other European states have the same rights—or, if you like, a mirror image of them—so the scope for negotiation may be a little limited. Given the age of the many UK citizens abroad, particularly those living in Spain, I cannot help thinking that if they return at the same time as we lose or send away so many people working in our health service, we will be shooting ourselves in both feet.

It is not the best reason, but there are also practical reasons for the JCHR’s amendment and others. If some such provisions are not embedded, the burden on the Home Office of dealing with large numbers of applicants seeking to establish their position, and on the courts called on to apply Article 8 of the convention, would be enormous. I do not want to start considering what would then be the logical step of deportation.

We have referred to morality as well as rights. A guarantee is simply the right thing to do. Although I am disciplining myself from repeating what other noble Lords have said about representations that have been made to us, I take this opportunity to thank the enormous numbers of people who have emailed us, very personally, individually and in a very heartfelt way. The noble Lord, Lord Howard, said that there are no new facts. I do not think he could argue that there is not an increasing weight of evidence.

There is one cohort I want to mention: people who are vulnerable to exploitation. They are perhaps not hugely competent, and are often in the agriculture, construction and care industries. There is evidence now, which the JCHR has heard, that unscrupulous employers are taking advantage of their readiness to believe it when they are told, “You are illegal”, when no such thing is true.

We have heard many times, “Don’t tell the other side your bottom line. Don’t put your cards on the table”. I think this card is on the table, so that argument falls away. This Chamber should demonstrate that it is with those who want their nation to be one which understands common humanity and, dare I say it, human rights.

Lord Kerslake Portrait Lord Kerslake (CB)
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My Lords, I rise to speak in support of Amendment 25, to which I have added my name, and in general support of the amendments in this group. Like the noble Lord, Lord Tebbit, I declare my interests: as chair of King’s College Hospital, chair of Peabody and president of the Local Government Association—this may be the only point of similarity in our speeches. My views are of course my own and not those of the individual organisations.

I should start by saying that this is a difficult judgment for us to make and it will be one of many that we face over the coming years. Like other noble Lords, I have read very carefully the Home Secretary’s letter, much of which I sympathise with, and reflected on the issues overnight. Having reflected, I still come firmly down on the side of supporting an amendment to protect the rights of EU citizens in this country.

The arguments for this are both principled and deeply practical. The principled arguments have already been well made today, so I will not repeat them all. More than 3 million EU citizens have come to this country in good faith. Many have made it their home and, in doing so, contributed enormously to the good of this country. I doubt if there are very many Peers in this House or indeed many people in the country who would actively want them to leave. The only argument we have heard for not confirming their position now, put forward by the Home Secretary in her letter, is that it would weaken our hand in the negotiations on UK citizens in Europe. Whichever way you dress up that argument, whichever way you think about it, it is using the rights of EU citizens as a bargaining chip.

In my view, it is not even a very good bargaining chip, because it is perfectly clear to the Commission negotiators that we need them to stay as much as they wish to do so—if not more so. So our negotiating position amounts to saying, “Do as we wish or we will shoot our own foot off”. I think the EU negotiators will see through that.

My practical reason for supporting the amendment is that, for our own sakes, we need to end the uncertainty for EU citizens now. The Government have said that we can debate this issue at a later stage. They have said that they will seek to reach an early agreement on the matter with the EU. I have no doubt about their sincerity on this point, but the hard truth is that early resolution is not in their gift. In the meantime, the uncertainty creates risks for desperately needed skilled staff, with devastating consequences—let me give just three.

For the building of new homes, which I am passionate about, we know that something like a quarter of construction workers in London come from the EU. In respect of the effective operation of our hospitals, I know that King’s would simply not be able to function without the European doctors and nurses who work for us. For the delivery of social care, EU workers form a vital part of the residential and home care provider workforce. Without those skilled workers, it would simply be impossible to run these functions properly and it is not possible to replace such workers in the short term. It may be that they will continue to stay here, but the survey that we saw in the Guardian today on European doctors immediately puts that in doubt. It may be that early resolution with the EU is possible: I have to say, from my own conversations with those closer to the process, that I am doubtful of this.

In the end, the key question for me is this: given the potentially devastating consequences for all the things I hold dear—new homes, a functioning NHS and delivery of good quality care—do I think that this is a risk worth taking? I do not. Sometimes in life—in fact, very often in life—the right thing to do is to do the right thing. I hope that today we do the right thing.

European Union (Notification of Withdrawal) Bill

Lord Kerslake Excerpts
The amendment would ensure that the island of Ireland is not forgotten and that Northern Ireland is, just for once, not an afterthought. Any deterioration in the peace process would be a very high price to pay for Brexit.
Lord Kerslake Portrait Lord Kerslake (CB)
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My Lords, I shall speak in general support of the issues raised by this group. I have not put my name to any particular amendment but I feel that the issues raised demand proper debate. This is the first time that I have spoken in any of the Brexit debates in this House. I have a personal interest: my mother came over from Ireland after the war and made this country her home. Due to a long-standing personal commitment, I made the start of the Second Reading debate but was not able to take up my speaking slot. Therefore, before coming to specific issues, I will say a few words about my overall position on the Bill.

I voted remain in the referendum. This did not make me a cheerleader for the EU. I could see its current difficulties and challenges all too clearly. Indeed, anyone involved in negotiations on EU structural funds would have been in no doubt about those challenges. However, on balance, I believed that it was clearly in the interests of this country to remain—if you like, a realistic rather than a reluctant remainer.

The referendum result answered one question: whether this country wished to remain in the EU. However, as others have said, it left a whole lot of other questions unanswered. Should we remain in the single market? How can we best secure the future of the United Kingdom, something I feel very passionately about? What should our approach be to EU and EEA citizens? Those are just three examples of questions that we should be debating in these amendments. To want to debate these issues is not the same as wanting to block or delay the Bill. Reviewing, scrutinising and proposing amendments to legislation is, after all, what we are here to do.

Much has been said about the ardent remainers, if I can call them that, being in denial of the referendum result. I have no doubt that there are some—maybe even some in the Chamber—who fit that description. However, my biggest concern is the ardent leavers, who seem to be in denial of the enormous risks that a badly handled Brexit will have for our economic, social and political interests or, indeed, how much we are going to have to give up in order to secure Brexit on the terms currently envisaged. We cannot simply hope for the best and leave these issues to the outcome of the negotiations. The likely result of that approach is that we will be left with Hobson’s choice: vote for a deal that we are deeply unhappy about or face being bundled out of the EU without an agreement. It is much better to discuss, debate and, where necessary, vote on the issues now.

Turning to the amendments in this group, the Government’s Brexit White Paper sets out 12 principles, one of which is:

“Protecting our strong historic ties with Ireland and maintaining the Common Travel Area”.


It rightly highlights the extensive movement of goods, services and people across the border and says that the Government will work with the Irish Government and the Northern Ireland Executive to find “a practical solution”. What is much less clear in the plan, however, is how this principle will be reconciled with the other principles in the plan and, if they cannot be reconciled, which principle will take precedence.

Paragraph 4.4 of the White Paper says:

“When the UK leaves the EU we aim to have as seamless and frictionless a border as possible”.


So there will be a border. Like much of the White Paper, the clear headline principle at the start of the chapter is undermined by the text. The question is not whether we have a border, it is how seamless it is.

As many have said this afternoon, the issues here go well beyond free trade and free movement. The report of the EU Committee made it clear that the implications of Brexit for Ireland were more profound than for any other member state. Indeed, in my own discussions with the Republic of Ireland when I was head of the Civil Service, the prospect of Britain exiting from the EU and the potential consequences was by far their biggest concern. This fear has now become a reality. It seems clear that the harder the Brexit, the harder the border. It will in effect become an external customs border of the EU. While of course there may be some shroud waving, we cannot ignore the comments of former Irish Taoiseach Bertie Ahern, who was after all instrumental to the Good Friday agreement, that Brexit might put the peace process in jeopardy. There must surely be no circumstances in which we could contemplate that happening.

Of course, the EU Commission negotiators have an important role here. I recognise that, but in the end this will come down to the choices we make in the negotiations. What negotiating goal finds priority over another? In my view, our commitment to both the letter and spirit of the Good Friday agreement must—I emphasise must—stand above most if not all our other ambitions. I sincerely hope that the Minister will confirm this in his response.

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Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock
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My Lords, I will speak briefly in support of my noble friend Lady Quin. Before I do that, I want sincerely to say a word of thanks to the Front Benches on both sides. They have to sit through all these debates—they are obliged to, unlike those of us on the Back Benches. I pay particular tribute to my noble friend Lady Hayter, who has had a very difficult job, treading a high wire; she has done it with great skill and good humour and she deserves our thanks for doing so. I also thank the noble Baroness, Lady Goldie. I do not think that under normal circumstances she would have chosen to spend her birthday in this way, but I am sure that we all wish her many congratulations.

I say to the noble Lord, Lord Forsyth, that the Labour Party was against this referendum. We did not want a referendum. Mr Cameron got us into it in a casual way, without any careful thought of the implications or the impact that it would have. If we had had impact assessments before the vote, we might not have voted to come out. We would have known the implications. That is when we should have had these. We are going to have some very serious impacts in Northern Ireland, as we heard earlier, and in Scotland. The way things are going, we could end up with this whole United Kingdom breaking up, with Northern Ireland opting to be part of a united Ireland and with Scotland as a separate country. That is what David Cameron in his casual way has let us in for. I think that he will go down in history as one of the worst Prime Ministers this country has ever had.

Lord Kerslake Portrait Lord Kerslake
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My Lords, I support my noble friend Lord Hannay’s Amendment 22. I do so for one simple reason. I have a passionate belief that open government is better government. If we—as those who are in charge, if you like—want people to buy into what we are trying to do, we have to be able to trust them with the information that should be available to them. That is particularly true in relation to Brexit. We know that the referendum campaign was deep and divisive. We reached a point where virtually no one trusted anyone in that debate. That is fundamentally undermining to democracy. There is a growing gap between the governing and the governed, and one response to that is to have transparent government.

We have heard two arguments this evening for why a very simple amendment—to publish the impact assessments that can sensibly be published, which have already been done since the referendum—cannot be made. The first, from the noble Lord, Lord Forsyth, is that you cannot trust impact assessments. Not every impact assessment is good. I might even have been responsible for a few that were not that good. But if that is the argument we are now making—that we will not publish impact assessments because they might be wrong—that way madness follows. What about trusting the people and Parliament to make their own judgment about the quality of the impact assessments? That is what transparent government is all about. If we cannot trust people to make their own judgment about the information, if we worry that they will be depressed because the impact assessments are too downbeat, there is something seriously wrong with our thinking.

The second argument that we have heard is that it might in some way interfere with the negotiations. It is possible that some information published might cut across them, and there has to be a responsible attitude to that, but I worry that that argument is going to be rolled out time and again to keep Parliament and the public in the dark about what is actually happening through the negotiating period to the point where it is impossible to impact the outcome of the process. We have to have a better system than that. I quite believe that Vladimir Putin does not want to publish his impact assessments, but we are not Russia: we are an open democracy and should trust the people to use the information that is made available to them responsibly. That is why I support the amendment.