Brexit: Withdrawal Agreement and Political Declaration

Lord Lansley Excerpts

Monday 14th January 2019 Lords Chamber

[Lord Lansley (Con)]

My Lords, it is a great pleasure and privilege to follow my Cambridge colleagues, my noble friend Lord Balfe and the noble Lord, Lord Wilson of Dinton. As my noble friend said, when one is in Cambridge one gets a different view of the British people’s attitude. I think that what we learn from talking to people in Cambridge is that the more the diversity and migration to this country for economic purposes that there is, the more we have benefited from it. When I look at my area, I am reinforced in my reasons for voting remain in the referendum. In passing, I should draw attention to my interests in the register.

More than 20 years ago I managed the European Parliament elections for the Conservative Party. We fought the campaign, which we won, as my noble friend Lord Callanan might recall—he was one of the successful candidates—on the basis of “In Europe, not run by Europe”. I do not think my view has ever changed. It is reflected in some of the contributions to the debate. The British people want to be in the common market, which is exactly what Margaret said and what my noble friend Lord Tebbit used to tell me time and again when I worked for him: we voted for a common market and we would like to have one. We did not vote for a political union and we do not want one.

The issue is how we can give the British people what they voted for in the referendum. My successor in Cambridgeshire will probably vote against the withdrawal agreement tomorrow. She does so in pursuit of a second referendum. To do that and to reject a solution that the Government have derived to the question of what our objective through Brexit is on the grounds that we did not like the result of the referendum—which I certainly did not—is morally bankrupt. We have to start by trying honestly to achieve the result the British people voted for in the referendum.

You can say that the agreement is not quite right, which I think the Labour Party is doing. The Labour Party might be politically motivated—it is for it to say or to deny—by the idea that if you pull the pillars down in the temple maybe the resulting disaster enables a general election or a referendum and the Labour Party will not be blamed for the catastrophe that follows. The Labour Party should take responsibility too. It was elected to this Parliament on the basis that it would implement the result of the referendum.

I want to emphasise this in the couple of minutes available to me: there is a difference between the Government and the Labour Front Bench that might point to where one needs to go in the event that the withdrawal agreement as proposed is not accepted tomorrow, which is into a permanent customs union. I remind the House that, during the passage of the withdrawal Act, the largest majority against the Government’s position was in pursuit of a customs union. The fact that that is the Labour Party’s one evident policy raises the question of whether the response tomorrow will not be, “It must be remain versus no deal”, but may be, “Perhaps we can adapt the withdrawal agreement further” and create what is, in effect, a customs union—a single customs territory—obviating the need for a hard border between Northern Ireland and the Republic of Ireland to a large extent, and, frankly, creating the possibility of a common market in goods while making sure that we do not become rule takers on services, which is the principal objection to any kind of EEA/Norway solution. We will predominantly be a services economy in future. That will allow us to undertake independent trade policy relating to services, investment, and the regulations and rules that are the meat and drink of modern trade negotiations. It is not about tariffs, but those rules and regulations.

I urge those in the other place looking at what I think of as the meaningful debate—even if we do not get the meaningful vote—to read and think about what we have said. They might reflect that, whatever their personal views, they have a responsibility as parties and as members of parties to deliver on the Brexit referendum; and, in the Conservative Party, to support the Prime Minister. That is one thing that has happened since the debate in December, which I did not have a chance to take part in: the Prime Minister has secured a further mandate from her own Members of Parliament to take forward her position. We should do that.

The day after the referendum, friends of ours from central European countries sent an email, not to us but to our children. Their children are a bit younger than ours. They said, “We are really sorry this has happened, but we want you to know that, whatever happens in the future, you are Europeans and you are our friends. We want your children to know that for the future, too”. We should absolutely put that at the forefront of our thinking. We are Europeans, we are friends, and it is on that basis that we should conduct our negotiations and, I hope, bring them to a successful conclusion.

Proposed Media Mergers

Lord Lansley Excerpts

Tuesday 5th June 2018 Lords Chamber

[Lord Lansley (Con)]

My Lords, this issue reflects well on this House for inserting the media plurality public interest test into the Enterprise Act, by virtue of the Communications Act 2003. The value of that has been further demonstrated. However, to return to the point made by the noble Lord, Lord Stevenson, when one further amends the Enterprise Act definition of “media” in “media plurality”, it is important to do so before the point at which that issue might be engaged by some proposed merger activity. Therefore, I ask my noble and learned friend whether the department might now make some rapid progress with its review of the meaning of “media” in the media plurality public interest test.

[Lord Keen of Elie]

I am obliged to my noble friend. Clearly, the department is committed to taking its consideration of these matters forward. At this stage, I am not in a position to give him a timescale, but we seek to bring the matter forward as soon as we can. If there is what is perceived by this House to be undue delay, no doubt questions will be raised.

Sky and 21st Century Fox: Proposed Merger

Lord Lansley Excerpts

Thursday 16th March 2017 Lords Chamber

[Lord Keen of Elie]

I am not going to make any comment that would touch upon the merits of the proposed merger but the European Commission will of course take forward its inquiry into the competition aspects of this merger. My understanding is that the timing of that will fall within the time limit for the present investigation at the instance of the Secretary of State.

[Lord Lansley (Con)]

My Lords, I welcome my noble and learned friend’s Statement. Perhaps I may elaborate on the question relating to the grounds for the intervention notice relating to the commitment to the attainment of broadcasting standards. That relates specifically to the standards as set out under Section 319 of the Communications Act on the content of programming for television and radio services. My noble and learned friend suggested that “commitment” enables one to go much wider on those grounds. However, it relates to the programming of television and radio services. If the question of commitment was raised in relation to something that did not relate to television and radio services, how could it be seen as directly relevant?

[Lord Keen of Elie]

I am obliged to the noble Lord for repeating an inquiry that he made at the time of an earlier Statement on this same issue, with reference to Section 319 of the 2003 Act. It does refer in particular terms to television and radio; however, I stress the use of the term commitment. In determining that more general issue Ofcom is confident—rightly confident, I suggest—that it can have regard to conduct in other areas of media. For example, the way in which a party has conducted its newspaper empire or whatever may be directly relevant, and indeed often will be, to the question of whether it has a genuine commitment to broadcasting standards when it comes to television and radio. I stress “commitment” as being important in this context.

Sky and 21st Century Fox: Proposed Merger

Lord Lansley Excerpts

Monday 6th March 2017 Lords Chamber

[Lord Keen of Elie]

It does not appear to me on the face of it that proposed legislation can properly impact in terms on the decision-making process which, in the first instance, will involve a decision in the next 10 days and, thereafter, a report from Ofcom, which I believe is normally, under ministerial guidance, to be produced within 40 days if a decision is made. It is very difficult to see how any proposed legislation can impact on that decision-making process.

[Lord Lansley (Con)]

My Lords, the second of the specified considerations to which my noble and learned friend referred under the Enterprise Act is for those carrying on media enterprises or controlling such enterprises,

“to have a genuine commitment to the attainment in relation to broadcasting of the standards objectives set out in section 319 of the Communications Act”.

That relates to the standards code, which itself is related to television and radio services. In her review of this consideration, is the Secretary of State obliged to look only at issues related to television and radio services?

[Lord Keen of Elie]

I am obliged to the noble Lord. I do not understand that the commitment to broadcasting standards is limited simply to television and radio in that sense, but I will take further advice on that point and, if I am wrong, I will write to him and place a letter in the Library.

21st Century Fox Takeover Bid for Sky: Timetable

Lord Lansley Excerpts

Tuesday 20th December 2016 Lords Chamber

[Lord Keen of Elie]

I am aware of the Prime Minister’s conference speech and, clearly, she will adhere to those sentiments. The present bid will be determined on its own merits and without reference to any precedents. It will be determined by the Secretary of State in a quasi-judicial manner with regard to its individual merits.

[Lord Lansley (Con)]

My Lords, my noble and learned friend will recall that the public interest test on media mergers was inserted into the Enterprise Act 2002 by virtue, not least, of the work of this House, led principally by the noble Lord, Lord Puttnam, of Queensgate, through the medium of the Communications Act 2003. Therefore, this House has in that sense a stake in the decisions made under the public interest test on media mergers. I wonder whether my noble and learned friend, through the usual channels, might seek an opportunity for this House to take a view on these matters before the Secretary of State has to decide whether to intervene, bearing in mind that, while there is considerable competition and diversity in content provision, there is not such diversity in respect of ownership of platforms and the decisions made by platform owners in broadcasting.