European Union (Withdrawal) Bill

Lord Newby Excerpts

Committee: 1st sitting (Hansard): House of Lords
Wednesday 21st February 2018 Lords Chamber

[Baroness McIntosh of Pickering]

I am grateful to the noble Lord, but he places too great an emphasis on my legal abilities. I prefaced my remarks by saying that I am not an EU practising lawyer—although we do have a number of EU practising lawyers in this place. I would argue that no, our membership of the EEA will not explicitly lapse when we leave the European Union. This is a conundrum in which we find ourselves—or it could be the saving of us.

[Lord Newby (LD)]

My Lords, I speak in support of Amendment 6, one of the earlier amendments in the group. It would simply require that a report be laid before Parliament,

“outlining the effect of the United Kingdom’s withdrawal from the single market and customs union on the United Kingdom’s economy”.

This is a starter for 10 for the Minister, which he should be able to agree to—because such an analysis already exists. The EU Exit Analysis—Cross Whitehall Briefing explicitly does what the amendment requires. This analysis is not desperately long—only about 30 pages —but it would undoubtedly help Parliament if it were made more widely available. It is, of course, possible for Members of the other place or of your Lordships’ House to see the document, if they go through a rather demeaning procedure and go to a curtained room— curtained, I was told by the civil servant who was invigilating me, because the document is so secret that the light of day, far less outside scrutiny, cannot be brought to bear on it.

I wrote to the Minister asking whether it would be possible for the Government to make the document public on two grounds. First, the document already is public, because Laura Kuenssberg has got it and has tweeted about it. Secondly, the argument for keeping it secret advanced by the Government—namely that if it were public it would undermine our negotiating position—is clearly false; it is a factual economic analysis and one that has been widely replicated by other think tanks and economic forecasters. I am very grateful to the Minister for the reply he sent me on 20 February. However, I was rather disappointed that he repeated the point that it was impossible for the Government to make this public because of their obligation to ensure security of negotiation-sensitive material. Most assuredly, this document is not that. He also said that it could not be published because it did not represent the Government’s view and that publishing it would likely be misleading to the general public.

Let me remind the House what the general public would discover if they had the opportunity to read this document. It sets out three scenarios, one of which is too appalling, I am sure, for the faint-hearted to contemplate—including, possibly, the maiden aunts of the noble Lord, Lord Lisvane. It says that if we exited on WTO terms, in 15 years’ time the economy of the north-east would have fallen by 16% below that than would otherwise be the case. You do not need to be of a sensitive nature to be somewhat frightened by such a prospect. It shows that if we had the sort of deal that Canada is negotiating, the economy of the country as a whole would fall by almost 5% and in the north-east by 11%. It states that if we had the Norwegian model, which is the closest model that anybody has contemplated, we would still see a fall in GDP of 1.6% and of 3.5% in the north-east.

There are those in another place who say that this analysis is far too pessimistic and who have castigated civil servants for deliberately including unrealistic assumptions in it. There is one very narrow respect in which I agree with the suggestion that some of the assumptions are questionable: they are far too optimistic. The analysis assumes that the UK will, over this period, have entered free trade arrangements with the US, China, India, the TPP, the Gulf Cooperation Council, ASEAN, Australia and New Zealand. There is not a single soul who knows anything about trade negotiations who believes that that is possible. In that respect this analysis is too optimistic.

If this document were published, it would at least allow people to see the likely range of consequences and to discuss them. They would also discover that in a Canada-type arrangement, which is nearest to what the Government’s centre of gravity seems to be:

“There are over 550 individual restrictions on the services trade”.


That is a quote from the document, which means fewer jobs across the board in the services trade, not here, there and in odd little places, but across the entire board. So is it surprising that the Government do not want to publish this document? Will it be surprising if the Minister, when he replies to this debate, says that they do not intend to do so? I suspect that it will not, but I hope that he will follow the advice of his colleague in another place, the former deputy Prime Minister, Damian Green, who only two days ago said:

“If analysis is being produced then publish it”.


I agree: he should.

[Lord Carlile of Berriew (CB)]

My Lords, to take up the theme of the noble Lord, Lord Newby, yesterday I went to 100 Parliament Street to read the EU exit analysis papers to which he referred. I will not break the rules by revealing, even though some of it has been leaked, what was written in them. It is a bit of an otherworldly, Kafkaesque environment. I was there with two retired Supreme Court judges and watched by very courteous young civil servants who ensured that we placed our mobile telephones on a desk in the corner of the room. But we were allowed to take our notebooks and pens with us so I have some notes that ensure that what I say is correct.

For those noble Lords who, like myself, have a maths education does that not go beyond ordinary-level additional maths, I recommend before you turn up that you look up the term “computable general equilibrium” or CGE modelling as it is known. It is a form of prediction that may be marginally less ignorant than any other form of prediction of the economy.

As a criminal lawyer who has been in practice for the best part of 50 years, I have seen quite a lot of suicide notes. I have seen real suicide notes and fake suicide notes. This was most certainly not a fake suicide note; it is most certainly a real suicide note. I read it with enormous concern. I am absolutely astonished, and indeed rather insulted, that Her Majesty’s Government do not regard the documents—30 pages of slides, effectively—as essentially disclosable in the public interest. Every member of the public should have the opportunity to read them to understand what I mean by a suicide note.

It is very pleasant over there, if a little dark in a tiled basement. There are beautiful Victorian brick tiles on the walls. It is an architectural gem, so it is a pleasure architecturally. Noble Lords should just go there and read that document because I do not think we are well informed unless we do.

Having said that, I turn briefly to another subject that, because of time, was deliberately not mentioned other than in passing by the noble Lord, Lord Wigley, in his eloquent opening of this debate. That is the internal border within Ireland. This is in the context of the customs union. I was Independent Reviewer of Terrorism Legislation for nine and a half years until February 2011 and I have been carefully following the events and politics in Northern Ireland as a fascinated and interested observer since then. The Good Friday agreement was a remarkable document and has had stunning effects. It has brought together, in a democratic forum, people who used to kill each other. It has meant that people who used to behave in that way have been prepared to put aside their very strongly felt traditions—in many respects, hereditary, visceral traditions. It has led to the economies of both Northern Ireland and Ireland improving considerably. Above all, it has led to the saving of life.

We are not talking just about the saving of life in Northern Ireland. There are some residual terrorists who are still trying to kill people and occasionally succeed, but the numbers have been reduced dramatically. It affects all of us. Let us not forget the plaque above the doorway of the other place recording the murder of a very distinguished Member of that House as he drove out of the House of Commons car park, which some noble Lords also use to their advantage. Let us not forget that soldiers—British soldiers including some from Northern Ireland and indeed from the Republic—died as a result of bombings in London because of that dispute.

There is absolutely no way in which intelligent people could sit down to discuss customs union, be they UK politicians or EU negotiators, without the determination that the one thing which cannot be negotiated away is the liberty of the citizens of Ireland to pass in and out of Northern Ireland and the citizens of Northern Ireland to do the same vice versa. If by the time we get to the Report stage, either by a special provision in the negotiations or by a new treaty, the future of the Northern Ireland border as close to its current state is not guaranteed, I will be voting for amendments of this kind and I would expect a responsible Parliament to do the same.

--- Later in debate ---

[Lord Cavendish of Furness]

Is he not respected by the Labour Party? I thought he was. He went on to warn that we would be sounding our own “death knell”. That is probably good news to the Liberal Democrats; they have made no secret of the fact that they would like the House of Lords to be abolished, and therefore take licence with this institution.

[Lord Newby]

That is simply untrue. The position of these Benches has been that the House of Lords has a very valuable role to play. At the time, we sought the support of the Conservative Members of the coalition to reform the membership of your Lordships’ House on a democratic basis. That is a very different proposition to seeking to abolish it.

[Lord Cavendish of Furness]

The noble Lord did not see behind him, but there were some signs of affirmation there when I said that they were sympathetic. I think he needs rather more careful whipping on that Bench.

The timescales are important. This reason has not been mentioned. Article 50 determines the date—we will come to this later—by which those who are responsible for negotiation have to reach agreement or fail to reach an agreement. Therefore, it is completely absurd to try to add a flexible date.

The Bill is not the narrow economic interest it has been portrayed to be. Many of the minutiae covered by the amendments are important, but they are not what the Bill is about. The Bill takes us out of the European Union on 29 March next year, at the behest of the majority of people in this country. It is about what people thought about their identity, their community’s identity, their country’s identity and their country’s place in the world. Given the way that the Welsh voted, it seems to me that the noble Lord, Lord Wigley, does not take into account what his countrymen feel in this respect.