(5 years, 1 month ago)
Lords ChamberI think my noble friend is getting somewhat ahead of himself. We will wait to see what happens in the other place, but until those provisions are changed or altered by statute, the provisions for the meaningful vote under both Section 13 of the EU withdrawal Act and the Benn Act remain in place.
My Lords, does the noble Lord agree that while we have debated Brexit for many hours in this House, what was agreed at the European Council last week is a fundamental change from anything we have considered up to now in two crucial respects? The first is the constitutional implications for Northern Ireland. No one ever contemplated that we would go for some version of the Northern Ireland backstop that would be permanent and have serious constitutional implications for the whole of the country. Secondly, I believe that in the political declaration, the economic policy and the ambition for the trading relationship are fundamentally different from what Mrs May suggested and would be terribly damaging, particularly to workers and companies in the manufacturing sector, as virtually all the trade associations in the sector have said. Is it not time that we made sure that these proposals, which could have profound impacts for decades to come, are properly considered, rather than the Government attempting to rush them through before we know what they actually mean?
It is always important that we in this House scrutinise these matters carefully, and that the House of Commons does so as well. However, I have to say to the noble Lord that I remember sitting here when Members were solemnly telling us how vital it was to rush through all the various stages of the Benn Bill. I recall thinking, “I’ll remind them of this when it comes to future legislation”.
(5 years, 1 month ago)
Lords ChamberOf course they will not have direct representation, which is why we want to see that there is ongoing democratic consent to these arrangements from representatives of the people of Northern Ireland.
The noble Baroness, Lady Ludford, raised the issue of customs. Before I address her point, I am sure that noble Lords will want to join me in saying how good it is to see her back in her place. We will leave the EU customs union as one United Kingdom. The UK will be a single customs territory, with control over our independent trade policy. The new protocol also explicitly sets out that Northern Ireland is in the United Kingdom’s customs territory. The EU’s administrative customs procedures will apply in Northern Ireland, in order to make sure that goods destined for the EU comply with the correct process. No tariffs will be payable on goods moving from Great Britain to Northern Ireland unless those goods are at risk of moving on to the EU. The noble Baroness, Lady Ludford, asked me about compatibility under Section 55 of the Taxation (Cross-border Trade) Act 2018. Section 55 is not a barrier to the withdrawal agreement. The agreement is clear that Northern Ireland is, and will remain, part of the UK’s customs territory.
The noble Lord, Lord Liddle, raised the issue of regulatory alignment. The new protocol establishes a single regulatory zone on the island of Ireland. This involves Northern Ireland aligning with a limited number of specific EU regulations. The UK Government will always be committed to protecting Northern Ireland’s position in the UK’s internal market. The new protocol explicitly enables the United Kingdom to maintain the guarantee that businesses and farmers in Northern Ireland will continue to have unfettered access to the rest of the UK market—which is something I am sure noble Lords will welcome.
Looking ahead, we have also negotiated and agreed changes to the political declaration, as noted by many noble Lords, including the noble Lord, Lord Birt. This will provide a framework for an ambitious future relationship with the European Union. We have removed all references to the backstop from this political declaration while setting out our clear intention to pursue a future relationship with a comprehensive and balanced free trade agreement at its core, alongside agreements on security and wider areas of co-operation. It ensures that the United Kingdom will take control of its own regulatory affairs. Our commitments to the level playing field will be commensurate with the scope and depth of the future relationship. This will prevent unfair competitive advantages and uphold the current high standards in areas such as employment and environmental standards.
I think I am about to predict what the noble Lord is going to ask me, if he will just be patient.
A number of noble Lords, including the noble Lords, Lord Kerslake and Lord Foulkes, the noble Viscount, Lord Chandos, and the noble Baroness, Lady Smith, raised the issue of workers’ rights. The UK has a long and proud tradition of leading the way in workers’ rights, where we have always set a high standard. We recognise that Parliament wants to see these hard-won rights protected and not weakened by our departure from the EU, and we are happy to ensure that this is the case. Both the public and parliamentarians should be in no doubt that, as we leave the EU, we will maintain and increase these protections via both the withdrawal agreement and future legislation. As the Prime Minister set out in the other place earlier, we will bring forward measures to protect workers’ rights in the withdrawal agreement Bill. If I have not addressed the noble Lord’s point, I will take his intervention.
I am very grateful to the Minister for giving way. In addition to the point about workers’ rights, my intervention was to ask the Minister whether he will put in the Library a letter that explains to Members of this House, in very clear terms, the difference, in terms of the economy and free trade objectives, between Mrs May’s political declaration and the current one. As I pointed out, I think some of them will have a significant economic impact, and it is the duty of the Government to explain to Members of this House what those differences are.
I will certainly write to the noble Lord outlining the changes to the political declaration and place a copy in the Library for other Members.
We will also be working hard to secure trade deals with other international partners. Let me reassure the noble Lord, Lord Rooker, that while we explore these new trading opportunities, we will not dilute the standards for which British products are world renowned—and, as the Prime Minister has made clear on many occasions, nor will our NHS be on the table in those negotiations.
The political declaration also provides for a security relationship that will enable the UK and the EU jointly to combat the shared threats faced by our citizens, domestically and abroad. This revised deal further makes it clear that participation in defence co-operation will always be the sovereign choice of the United Kingdom.
Of course, this deal does not consist just of these changes. We are offering a deal that not only removes the anti-democratic backstop but, more broadly, maintains our strong commitment to citizens’ rights and to a transition period, which gives welcome stability to businesses both in the UK and the EU, and also lays the foundations for us to commence negotiations for an ambitious future relationship. Noble Lords will have noticed, I am sure, that Article 184 of the withdrawal agreement requires both sides to use best endeavours to get this legal text agreed and implemented by the end of 2020. Both sides are committed to making preparations for an immediate start to the formal negotiations and to approach these in good faith. Noble Lords should know—I think I outlined it last week—that we are preparing for these negotiations and we will work with Parliament as well as a wide range of partners, including, of course, in the devolved Administrations, to ensure a successful outcome that delivers in the interests of all parts of our United Kingdom.
The noble Earl, Lord Kinnoull, asked about the Government’s approach to the Joint Committee. I can confirm that it will be underpinned by full ministerial accountability to Parliament, and that the Government will continue to discuss with Parliament and its committees the appropriate ways to achieve this.
It is late on a Saturday afternoon and I will not seek to detain the House any further. We have heard many diverse views on the deal. I thank all noble Lords for their contributions. I also pay tribute to the House authorities, officials and my private office for making preparations so that we were all able to sit today. The deal that we have debated is one that will deliver the result of the 2016 referendum and ensure that we can leave the European Union on 31 October in an orderly and friendly way. The deal honours the territorial sovereignty of the United Kingdom; it ensures that the future of Northern Ireland will be decided by the people of Northern Ireland; it provides the foundations for an ambitious relationship with the EU founded on a comprehensive and balanced free trade arrangement; and it allows us to get Brexit done and leave the EU in two weeks’ time. In doing so, we can focus on the people’s priorities, so that the country can come together. I commend this deal to the House.
(5 years, 1 month ago)
Lords ChamberMy noble friend speaks on this subject with great authority. I entirely understand his point, but from his knowledge he will also understand why I cannot go any further than the answer I gave earlier.
My Lords, this is a factual question, not a pejorative one. What is the Government’s central estimate of the additional average time that it will take a lorry to pass through the channel ports from Dover to Calais, and what is their estimate of the economic cost of the delays that will result?
I am always suspicious when anyone gets up and says, “This is a factual question”. The noble Lord knows very well that it is impossible to put numbers on these issues—it depends on a huge range of factors. If he tells me what the exact interpretation and application of the regulations will be by the French authorities, I may be able to get closer to an answer that he wants. Our job is to ensure that businesses and hauliers are well prepared. That is why we are investing so much in a huge public information campaign. One of the interesting statistics is that more than 80% of hauliers crossing the short straits are not British operators; they are mainly from other European countries. This is one of the reasons why we need to reach out to those countries, to haulage associations, drivers, organisations et cetera, to ensure that those organisations know the requirements and have the appropriate paperwork in place to ensure that there are no delays.
(5 years, 1 month ago)
Lords ChamberI thank the noble Lord for his question, but I understand the issue very well. I have taken part—as he did—in the standard-setting procedure in the European Union and understand very well how it works and how cumbersome it is. I maintain my point. I do not understand why we need to dynamically align to have exactly the same standards as the European Union. We may want to have different standards. Who is to take a view or a judgment on whether standard A is appropriate, different, lesser, or higher than standard B? That is something for this House to decide. We might decide to have an alternative policy which regulates some things in a different way. It is the flexibility to do that which is appropriate. I maintain the commitment of this Government to have higher standards than the European Union, as we do now.
My Lords, one reason why I think your Lordships believe we need to see the legal text concerns the arrangements that are being proposed for democratic consent in Northern Ireland. As I understand the arrangements under the Good Friday agreement, a majority in both communities have to agree to any major change. Why is it that this is being briefed as giving the DUP a veto? Why should not Sinn Féin also have a veto on any change that might introduce a hard border in the island of Ireland?
The arrangements for decisions in the Northern Ireland Assembly are set out. This is one of the areas that we are prepared to have detailed and intensive discussions on, and we are doing so. I take the noble Lord’s point about publication. I am not ruling out publishing the legal text. We will do so when it is helpful to the negotiation and when we can aid discussions in this House.
(5 years, 2 months ago)
Lords ChamberI always like questions from the noble Lord; they offer a degree of simplicity which perhaps does not always exist in real life.
My Lords, I want to be constructive and say that I think it is very difficult to judge what the consequences of no deal will be. One of the reasons for this is that the Commission has put actions in place that will relieve some of the consequences temporarily. Also, we do not know with what rigour our one-time partners on the other side of the Channel will implement border controls, so there are uncertainties. Does the Minister accept that there will be consequences and that we will end up having to talk to Brussels about them? As a result, does he not think it very important that, if there is no deal, we adopt the most constructive approach possible to relations with our former EU partners? Does he therefore accept that threats of withdrawing the money—our financial obligations under the withdrawal agreement—are exactly counterproductive to what the Government will need to do with our partners, should there be no deal?
I thought I would be able to agree with everything the noble Lord said, for a change. I completely agree with the first part of his question. That is why, under our arrangements, we look at reasonable worst-case scenarios, because of course we do not know what the precise attitude of partner countries on the other side of the Channel will be. My colleague the Chancellor of the Duchy of Lancaster visited Calais last week and had extremely positive discussions with the French local and regional authorities. It is certainly not their desire to cause unnecessary disruption. However, the noble Lord is also completely correct that we will need to have discussions and make agreements with our European partners either before or after our exit. We have said this. We have a constructive relationship. We hope that the Commission might want to talk about some of these issues before we leave, but if it will not, there is nothing much we can do about it.
On the financial settlement, the financial offer in the withdrawal agreement is effectively a political agreement. We accept that there are some legal obligations; we are a law-abiding nation and we will meet these. However, if the withdrawal agreement is not passed and agreed, then the obligation to pay £39 billion will fall away—some of it has already been paid, of course, because of our extension. We will need to have discussions about precisely what our legal obligations are.
(6 years ago)
Lords ChamberIt contains measures for protecting financial stability and market integrity, and for the commencement of an equivalence assessment, which is extremely important to many in financial services. But, as I said, this is one of the things that we are fleshing out. This is an outline declaration and the final details are being negotiated as we speak.
I am happy to give way but this is all subtracting from the time that is available for the rest of the debate.
The Minister suggested to his noble friends that the Northern Ireland arrangement was temporary. Why then is it said in the political declaration that what is set out in the backstop is the basis for the future economic relationship between Britain and the EU? Can the Minister explain that inconsistency?
It is actually stated in the withdrawal agreement that the backstop is intended to be temporary and is not intended to be a basis for the future relationship. But it says in the future partnership document that the future relationship will build on the customs arrangements that are outlined within the backstop facility. I will let the noble Lord make his own interpretation of those words.
We have worked hard to deliver the result of the referendum and to ensure that the UK leaves the EU on 29 March 2019. We have made a decisive breakthrough. Once a final deal is agreed, we will bring it to the Commons for what is being called a meaningful vote, and of course there will be an opportunity in this House for extensive further debate. The Government understand that the British people want us to get this done and to get on with addressing the other issues they care about: creating more good jobs in every part of the UK; helping our NHS provide first-class care; and focusing our efforts on building a brighter future for our country.
The choice is clear: we can choose to leave with no deal or we can choose to unite and support the best deal that can be negotiated—this deal. It is a deal that ends free movement; that takes back control of our borders, laws and money; that delivers a free trade area for goods with zero tariffs, to benefit our manufacturers; that retains the security co-operation to keep our people safe; and that protects jobs in the United Kingdom. This deal honours the integrity of our United Kingdom. It delivers on the referendum result. It delivers the Brexit that the British people voted for. I beg to move.
(6 years ago)
Lords ChamberI am happy to answer as many questions as we have time for. I do not know who the other Member was, but I would be happy to take a question from them afterwards. I do not agree with my noble friend Lord Tebbit. We think that the Commission is negotiating in good faith and we hope to reach an agreement. That is in the interest of both sides and we want to do so.
My Lords, I hate to question the veracity of what the Minister said, but the truth is that the Prime Minister told the House of Commons that 95% of the deal was done. That includes a lot of the areas that were not resolved when the draft agreement was published in March. In addition, we know that work on the political declaration that will accompany the withdrawal treaty is ongoing. There has been no attempt to involve Parliament in the content of that declaration, even though some of it might be in square brackets. Will the Government come clean? Basically, they are trying to bounce the Commons into the argument that there is no alternative to what they have agreed except no deal, and they are trying to bounce us into that position, too.
(6 years, 4 months ago)
Lords ChamberThere is always wisdom in my noble friend’s suggestions but I think whether there should be a Joint Committee of both Houses is a matter for Parliament rather than the Government. We are working through the details with the EU at the moment on exactly what the composition of the joint committee will encompass. However, we expect it to be multilayered, possibly with one level of officials similar to UKRep and one ministerial level as well, but that agreement has still to be made.
My Lords, returning to paragraph 7, which was referred to by the noble Lord, Lord Cormack, paragraph 7.b. refers to Northern Ireland but the only commitment it makes is that,
“the Government has been clear about its steadfast commitment to the Belfast Agreement”.
Is there any reason why, in this document, the Government’s commitment to no hard border has not been put down in black and white or why the amendment that this House passed on Northern Ireland and the avoidance of a hard border, which was accepted by the other place, has not been repeated? Do the Government continue to accept what they accepted in December: that there needs in this withdrawal agreement to be a backstop agreement on the avoidance of a Northern Ireland hard border?
There was no need to repeat that in the text because it is of course now part of the withdrawal Act, which is the law of the land. We remain committed to there being no hard border and to the backstop, as agreed in December. Negotiations are ongoing with that at the moment and, as I said to the noble Baroness, Lady Hayter, the reason that it is not in this White Paper is because it is not agreed yet.
(6 years, 4 months ago)
Lords ChamberOf course we are not reneging on the Prime Minister’s words, but my right honourable friend the Secretary of State for Exiting the EU made it clear yesterday that we expect a future partnership to be agreed at the same time; it will sit alongside the withdrawal agreement and no money will be paid unless the future partnership is delivered. In these circumstances, it is the duty of any responsible Government to prepare for every eventuality, including the unlikely scenario that we reach March 2019 without agreeing a deal. It is essential that plans are in place to mitigate the risks and ensure stability, whatever the outcome of these negotiations. The Government’s legislative programme in this Session provides for a range of negotiation outcomes, including that of no deal.
In the last few months we have passed the Nuclear Safeguards Act, the Sanctions and Anti-Money Laundering Act and the Haulage Permits and Trailer Registration Act, preparing the UK for a future outside the European Union. I am grateful to the House for the constructive way it has engaged on this legislation.
We have been taking other practical action to ensure that we have the infrastructure in place—for example, recruiting 300 extra Border Force staff, with a further drive to recruit another 1,000, launched earlier this year. The Government have been working on nearly 300 no-deal plans for almost two years. Some of these are already in the public domain. As we announced last week, over August and September the Government will release a series of technical notices to set out what UK businesses and citizens will need to do in a no-deal scenario. This due diligence is designed to provide reassurance that the Government are prepared.
I note the great number of speakers listed for today’s debate and I look forward to hearing all the contributions. Before I resume my place, let me make it clear that we strive to strike the very best deal with the EU, and whatever the outcome of our negotiations, we stand ready to make a success of Brexit.
Before the Minister sits down, will he answer the question raised by the noble Lord, Lord Forsyth, about the facilitated customs arrangement? Paragraph 17 of chapter 1 of the White Paper states clearly that,
“the UK is not proposing that the EU applies the UK’s tariffs and trade policy at its border for goods intended for the UK”.
I understand that in the other place last Monday, an amendment was carried saying that this arrangement would not come into effect unless the other member states agreed to apply this dual tariff. What now is the Government’s policy on this critical point?
That paragraph confirms the answer I gave earlier. We will agree a tariff-sharing formula with the EU. That is part of the discussions we will have, but we are not asking other EU member states to change their arrangements at their borders. We do not believe that the amendment passed last week is incompatible with our White Paper proposals.
(6 years, 8 months ago)
Lords ChamberI will not comment any further on the repeal date, I am afraid, no matter how many times the noble Lord asks me.
I refer noble Lords to the first sentence of the first part of the Explanatory Notes to that Act. Acts of Parliament or referenda are required by the 2011 Act,
“if these would transfer power or competence from the UK to the EU”.
We are leaving the EU. That process is neither governed by the types of decision referred to in the 2011 Act, nor involves a change to the treaties on European Union or the functioning of the European Union. Those treaties will go on without us, governing the EU and its institutions, for which we wish only the greatest of success. Moreover, I hope it is unquestionable for the Government to pursue a withdrawal agreement that will transfer power to the EU; it is the nature of leaving the EU that it must involve a transfer of power back to the UK. Therefore, I say with all due respect to the noble Lord, Lord Adonis, that it is disingenuous of him to mislead others outside this House that the 2011 Act is an instrument to deliver a second referendum on our membership of the EU.
We are progressing towards establishing a future relationship with the EU as an independent third country. As part of this, we will require new processes for approving our new relationship with the EU. The Government are committed to giving Parliament a vote on the final deal of our withdrawal agreement negotiations.
The Minister is saying things that directly contradict what the Prime Minister has said: that we will have an implementation period in which we will follow the laws set by the EU without having any say over them. In her Mansion House speech, she said that we wish to maintain regulatory alignment with the EU in a large number of areas. That means following EU laws without having any say in them. Will the Minister accept that point?
I will not accept that point. We have not agreed anything yet. We are still to have those negotiations.
Is the Minister saying that he rejects what the Prime Minister said in her Mansion House speech?
Of course I am not saying that. I am saying that we are in the process of conducting a negotiation. We have said that when have concluded that withdrawal agreement, we will return to this House with the withdrawal agreement and implementation Bill. The noble Lord will be able to make all his points—at great length, no doubt—over and again during that process. He has made those points many times in the course of this Committee, so if he will forgive me I will make a bit more progress and then we can all go out and have an enjoyable evening at the end of this stage.
(6 years, 8 months ago)
Lords ChamberI will read Hansard and respond to the noble Lord in writing.
The Minister did not answer any of the points that I made about what level of contact the Government have had in Brussels discussing these issues, and why in the interval between the September agreement and March, when the Commission produced its own proposals, Britain appears to have done nothing. Will he please tell us what is going on?
We are having extensive discussions with our partners in Europe. We are also having extensive discussions with representatives of the rail freight industry and other players in the sector, but as the noble Lord well knows, the arrangements are a matter for negotiation.
If Brussels can produce a proposal, why cannot the British Government produce an alternative proposal?
As the noble Lord pointed out, we did produce a customs paper last year. In her speech last week, the Prime Minister referred to two alternative customs arrangements and those matters are being taken forward in the discussions. If the noble Lord reads the Prime Minister’s speech of last Friday, he will see that she referred to them specifically.
Of course I have read the Prime Minister’s speech. What do you take me for? I follow these things very closely, but the Minister still has not explained how it is that the Prime Minister simply referred to the principles that were put out last summer. This is a situation of real urgency for the economic actors, so why are the Government not producing proposals? Would the Minister be willing to write to me on this point?
I will repeat the words that I used, for the noble Lord’s benefit:
“The Prime Minister … acknowledged that an appropriate financial contribution would be necessary and that there will be a role for the Court of Justice of the European Union”.
As I was saying, the precise form and nature of the UK’s future relationship with EASA, as well as continued co-operation with the EU in the field of aviation safety more generally, will of course be a matter for the negotiations. The UK’s geographical position means that, with Ireland, the UK services over 80% of traffic entering or leaving EU airspace from the North Atlantic. Given that, the level of interaction between the UK and the EU demands close co-operation. The Government recognise the need for UK air traffic management arrangements to remain interoperable with the rest of Europe once the UK has left the EU. Safe and efficient air traffic management is a priority for us. The UK’s air traffic management system will remain closely bound to that of our European partners. We seek a close and collaborative relationship in this area, just as in many others. However, NATS will continue to provide the same high-quality service to airspace users that it does today.
The Government also want to avoid disadvantaging industry by imposing additional regulatory burdens. The Bill is part of that: it allows the Government to be clear that we are committed to maintaining a harmonised safety system that benefits both the UK and EU aviation networks and maintains the high safety standards that we all wish to see. I hope what I have said has been reassuring for noble Lords and that they feel able to withdraw the amendment.
I took on board the noble Lord’s question but I am unable to give him those reassurances at the moment.
(6 years, 9 months ago)
Lords ChamberMy Lords, once again I thank noble Lords for an excellent debate on this important issue. I will respond to the point raised by most people who spoke—certainly the noble Lords, Lord Hunt, Lord Warner, Lord Teverson, Lord Carlile, Lord Liddle and Lord Adonis—about the reasons for leaving Euratom.
The Euratom treaty is legally distinct from the European Union treaty but it has the same membership, which includes all 28 member states, and makes use of the same institutions. There are no precedents for a non-European Union member state being a member of Euratom.
Noble Lords will recall that the decision to leave Euratom formed part of both Houses’ consideration of the European Union (Notification of Withdrawal) Bill, which is now of course an Act. Noble Lords spoke at that time about the unique nature of the relationship between the separate treaties of the European Union and Euratom. As the European Union and Euratom are uniquely legally joined, when we formally notified our intention to leave the European Union we also commenced the process for leaving Euratom.
The Minister mentioned that it was a parallel European institution. Before we gave that notice, did we actually ask other members whether we could remain in Euratom as a non-EU member?
It is not a matter of getting a political opinion on this. It is the legal position, as I have set out. When we formally notified our intention to leave—
(7 years ago)
Lords ChamberOn the subject of defence and security, we have proposed a bold new strategic partnership with the EU, including a comprehensive agreement on security, law enforcement and criminal justice co-operation.
My Lords, regarding the debate on the future of Europe, has the noble Lord read the speech that President Macron of France made at Sciences Po in September, in which he proposed lots of interesting ideas for future co-operation on climate change, Africa, migration, technology and the development of defence procurement? Does he think that the Government might take on board some of those ideas in drawing up the framework for future co-operation and the future relationship, which they are required to do under Article 50?
I have seen President Macron’s speech. He made some interesting proposals on how the EU should develop. I am sure that we will want to look closely at those and that we will consider them alongside contributions from leaders of other member states.