European Council

Lord Newby Excerpts

Monday 2nd July 2018 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, this was an extraordinary European Council summit. I am grateful to the noble Baroness for repeating the Statement.

I think we are all surprised to see so little on Brexit right at the end. Obviously, Brexit is the key issue for the UK. Although it is increasingly apparent that everything in government is now seen through the prism of Brexit, the summit highlighted that it does not occupy the EU 27 in the same way. So I have some sympathy for the Prime Minister. It must be increasingly difficult at such summits, struggling to maintain influence and credibility in Brussels when under such pressure at home. Then, there is luck—or the lack of it. Who could have predicted that the Belgian Prime Minister’s gift of a No. 10 football shirt could possibly present any hazard? At least he is an attacker, not a defender.

The summit was also extraordinary in other ways. We saw the vetoing of an entire set of conclusions, requiring an all-night session to ensure progress on migration. Angela Merkel, who has taken the lead on the migration issue, questioned the very purpose of the EU if it is unable to deal with this. The discussion on security and defence took place against the backdrop of our Government refusing to confirm that the UK will remain a tier 1 military power and the US President confirming a summit with Vladimir Putin in July.

Migration has divided EU member states for years. The conclusions eventually reached on Friday morning stated:

“This is a challenge not only for a single Member State, but for Europe as a whole”.


Although there have been fewer crossings, the recent plight of more than 600 migrants on the rescue ship “Aquarius” highlighted that political judgments need humanity and decency at their core. We agree with Spain’s Prime Minister, Pedro Sánchez, that unilateralism and inflammatory rhetoric are not the answer. I hope his message was echoed by the Prime Minister in her contributions to that discussion.

Member states are right to want to step up their efforts in Libya, including increasing support for the Libyan coast guard. But, as your Lordships’ House debated recently, Operation Sophia is falling short of expectations and can only ever be one piece in this complicated puzzle. The UK and the EU must do more to secure a political solution in Libya and to support the development of state institutions to tackle people smuggling at its source. Could the noble Baroness the Leader of the House clarify the Government’s position on the UK’s post-Brexit participation in EU migration agreements with Turkey, Libya and other states? Will the UK’s support in Libya continue to be a part of co-ordinated European efforts?

EU leaders also discussed security and defence. Like many, I was disappointed by the Prime Minister’s almost belligerent attitude. The Prime Minister was criticised for appearing to make threats on security at Lancaster House. Even with the Commission’s strict stance on Galileo, it is disappointing that she has returned to playing hardball. As with migration, co-operation is essential; we are co-dependent in ensuring the security and safety of all our citizens. The Prime Minister noted the imminent arrival of the NATO summit, arguing that we are “leading throughout NATO”. That does not appear to be the view of President Trump, his Defence Secretary, or even the Prime Minister’s own Defence Secretary, whose agitation and campaign for additional funding show no signs of abating.

Elsewhere, we welcome that action will be taken to allow a co-ordinated response to the challenge of disinformation and to enable the improved identification and removal of online content that incites hatred. Discussions on tax avoidance and evasion, and the importance of rules-based international trade, remain as important as ever.

But, on Brexit, the four—just four—paragraphs in the conclusions are a stark reminder of how much work lies ahead in the next few months. They express,

“concern that no substantial progress has yet been achieved”,

on the Irish border, echoing the comments made by the Dutch Prime Minister, Mark Rutte, that breaking the impasse and fleshing out the details of the proposed backstop solution is the EU’s,

“first, second and third priority”.

They issued a warning, to be heeded by certain Cabinet Ministers, that,

“negotiations can only progress as long as all commitments undertaken so far are respected in full”.

In the absence of the Government’s White Paper, the EU demanded,

“further clarity as well as realistic and workable proposals from the UK”,

highlighting that the fractures at the heart of government are damaging our interests.

Nothing in the conclusions reflects the Prime Minister’s optimism when she arrived in Brussels hailing the significant progress of recent weeks. The reference to Gibraltar will rightly raise concerns, so I hope the Leader can inform your Lordships’ House of how the UK will engage constructively with EU and Spanish counterparts to resolve the situation.

I return to a point I raised previously on the Prime Minister’s Statement back in March. The paragraph in the draft withdrawal agreement on the onward movement rights of UK citizens living in the EU simply disappeared overnight. I was assured in a letter from the noble Baroness the Leader of the House following that debate that this remains a priority for the Government but that it was a matter for negotiation. Yet, the UK-EU joint statement of 19 June suggested that no progress had been made. Can the noble Baroness confirm whether this remains a priority for the Government? If so, what does that mean? When will this next be discussed by negotiators? Did the Prime Minister have any informal discussions on this important issue at the summit? Has any progress been made? What discussions have taken place and when? If the noble Baroness does not have the details on that part, I am happy for her to write to me.

Both the Prime Minister and the EU have called for an acceleration of the negotiations, but it is not the first time that attempts have been made to inject a sense of urgency into the talks. It now has to happen. We are running out of time. There appears to be a growing consensus across the EU that it will be the December summit, not the October summit as previously anticipated, that signs off any agreement. That is a problem. Are the Government still aiming for October, not least to give both Houses of Parliament sufficient time to study the details of the deal? The House of Commons Brexit committee warned last week that even without any slippage it might prove difficult to ratify the agreement and pass enabling legislation before the Article 50 window slams shut.

In the absence of an agreed UK position, the EU has made it clear that it is preparing for a no deal outcome. As we have said so often, no deal is the worst possible outcome and would be catastrophic for the UK. I see the Brexit Minister shaking his head. That really does not inspire confidence in anyone in this Chamber. Nevertheless, the EU 27 have reiterated their willingness to come up with an improved offer if the UK reconsiders some of its red lines, for instance over the EU charter and the underpinning of the European arrest warrant.

All eyes will be on Chequers on Friday. With no England match, there will be nothing to distract the Cabinet from fulfilling its responsibilities. This could be the most important Cabinet meeting for a generation and it is time for leadership. We all know that no plan was put forward at this summit because the Prime Minister had sought party and Cabinet unity on an issue when there is none. Is it the case now that the Prime Minister believes that the dangers of not having a detailed plan for Brexit are outweighed by the dangers of losing a Cabinet Minister or two? As the Lord Privy Seal, the noble Baroness the Leader of the House will have a seat at that table on Friday. She has an important role, and I hope she will urge Cabinet colleagues to put their differences aside, to open their minds and to agree a position that enables the UK to achieve the deal it needs, rather than the deal that the Brexiteers will let it have.

[Lord Newby (LD)]

My Lords, this is a Statement of two parts. The first relates to the major issues on migration and security, which were rightly at the top of the agenda. The Prime Minister sets out in the Statement the things that we are doing to support the EU efforts to control migration: a further Border Force patrol vessel off Greece—leaving how many, I wonder, left to patrol our own territorial waters—a few policemen helping EU and African countries, and a small contribution to the EU trust fund for Africa. But while the Statement reiterates the UK’s commitment to working together with other member states to counter illegal migration, the Prime Minister is silent on how this will be achieved if we leave the EU. We will obviously not be in the room when the European Council discusses these matters, but which room will we be in? What forum of which the UK is a member does the Prime Minister propose should take these discussions forward post March next year? The same applies to security, where again the Prime Minister says that she wants a new security partnership but has given no indication of what form that might take, other than via our continued membership of NATO bodies.

The statement issued by the European Council naturally covers the issues discussed last Friday in the absence of our Prime Minister: jobs, growth, competitiveness, innovation and digital. On these vital issues for our future prosperity we are already out of the room and having zero input on the development of more-effective EU policies. The Government have no answer to the question of how we might have an input in the future, despite the implications for British jobs and prosperity.

The second half of the Statement is on Brexit—or, rather, the final page of a seven-page Statement is on Brexit, which confirms that the issue was hardly discussed, either when the Prime Minister was present or in her absence. The EU’s statement, four paragraphs of it, on its Friday discussions is terse and crackles with frustration at the lack of progress made in the talks so far.

How had the PM sought to deal with this frustration the previous day? According to her Statement:

“I warned EU leaders that I do not think this Parliament will approve the withdrawal agreement in the autumn unless we have clarity about our future relationship”.


She warned them about a lack of clarity? This is a Government who will have a Cabinet meeting in Chequers purely to get some vestige of clarity among themselves. The EU has been patiently waiting for a British proposal for months. The Secretary of State for Exiting the EU has obviously decided that his position is so embarrassing that he does not even bother to meet Monsieur Barnier, except very occasionally. The Prime Minister would do better to warn the Cabinet of the consequences of lack of clarity in UK policy. It is surely a bit rich even by her standards to blame the EU for a problem which is entirely her own.

The Statement is curious in that it does not mention the issue which the Prime Minister’s spin doctors were claiming last Thursday night to be the main burden of her intervention on Brexit. The Times, for example, led with the headline:

“EU putting lives at risk over Brexit, warns May”.


Did the Prime Minister, as alleged, accuse the Commission of,

“putting obstacles in the way of a new security pact”?

If so, what response did she receive? If she really raised security but failed entirely to mention trade and Northern Ireland, what sort of message does that send to the many British businesses now seriously worried about the prospects for jobs and investment?

There are many questions which one could ask about the Government’s approach to Brexit, but I realise that the Leader of the House will enjoin us to be patient and wait for the White Paper promised for next week, so to ask them is pointless. But, 10 days ago, I said that if there were a World Cup for kicking a can down the road, the Government would win it hands down. This Government are kicking and kicking, not least each other. I suspect that they are likely to continue to do so well after Friday’s Chequers meeting concludes.

[Baroness Evans of Bowes Park]

My Lords, I am grateful to the noble Baroness and the noble Lord for their comments. As the Prime Minister made clear, the UK is playing, and will continue to play, an important role in international affairs. The noble Baroness asked about migration. We will certainly continue to work closely with our EU partners on this difficult area. I am afraid that I do not agree with the noble Lord’s somewhat implied assessment that our contribution has not been significant. I assure them both that we remain absolutely committed to providing protection for the most vulnerable refugees and improving the ways in which we distinguish between refugees fleeing persecution and economic migrants. As the noble Baroness pointed out, the UK is providing a further Border Force patrol vessel to work with the Greek coastguard. This brings our total maritime support to FRONTEX to two vessels in the Aegean and one in the central Mediterranean. As was mentioned in the Statement, the Prime Minister has agreed with Prime Minister Tsipras of Greece that we will work together on a new action plan of support for Greek and European efforts. Despite the noble Baroness’s misgivings about Operation Sophia, our naval assets have destroyed 182 smuggling boats and saved just under 13,400 lives since the operation began, so it is having an impact. We have also agreed to hold a strategic dialogue on migration with Turkey, which will allow us better to work to address the drivers behind illegal migration on the eastern route and to tackle organised crime groups. All this work will continue. We have so far contributed €328 million to the EU’s facility for refugees in Turkey and remain committed to the second tranche.

The noble Baroness asked about Gibraltar. The scope of the draft withdrawal agreement, including the implementation period, explicitly covers Gibraltar. We have been consistently clear that it is covered by our exit negotiations with the EU. Alongside the Government of Gibraltar, we have had constructive discussions with Spain about arrangements for future co-operation and look forward to these continuing. The Prime Minister had a first conversation with Prime Minister Sánchez since he took office. They touched on our close links. I understand that Gibraltar was mentioned in that conversation. We will continue to work with the Spanish Government and the Government of Gibraltar in developing our plans.

Both the noble Baroness and the noble Lord acknowledged that we will publish a White Paper on our future partnership with the EU next week. It will be a comprehensive document covering the entire breadth of our future relationship.

The noble Baroness asked again about the onward movement of UK citizens. I assure her that this issue remains a priority. As we accelerate the pace of negotiations, we hope to reach agreement quickly.

The noble Lord asked about our future security arrangements. The Prime Minister has set out in her Munich speech what we would like to achieve, which is an unprecedentedly deep partnership. On her comments at the summit, we have given a firm commitment to the future security of Europe and we will continue to make a major contribution, but the Prime Minister pointed out that our ability to do this could be put at risk. The existing legal frameworks for third countries do not allow us to realise the extent of the ambitious partnership that we believe is in both our interest and that of the EU. For example, under the Commission’s current position, the UK and EU would not be able to share information through key databases and agencies. Those are issues on which we want to continue; we have been very clear about that. We will continue to work with the EU to make sure that they are included in our future relationship.