All 21 Debates between Lord Newby and Lord Callanan

Mon 11th Dec 2023
Wed 12th Jan 2022
Wed 15th Jan 2020
European Union (Withdrawal Agreement) Bill
Lords Chamber

Committee: 2nd sitting (Hansard continued) & Committee stage:Committee: 2nd sitting (Hansard continued) & Committee: 2nd sitting (Hansard continued): House of Lords & Committee: 2nd sitting (Hansard continued) & Committee: 2nd sitting (Hansard continued): House of Lords
Wed 7th Mar 2018
European Union (Withdrawal) Bill
Lords Chamber

Committee: 5th sitting (Hansard - continued): House of Lords

Hydrogen Heating

Debate between Lord Newby and Lord Callanan
Monday 11th December 2023

(6 months, 1 week ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Callanan Portrait Lord Callanan (Con)
- View Speech - Hansard - - - Excerpts

I know my noble friend feels very passionately about this. As I have said, we allocated some contracts for difference in the last round for tidal. I am sure we will want to do so in the next round again, provided the bids are competitive—but it does contribute a relatively small part of our energy mix.

Lord Newby Portrait Lord Newby (LD)
- View Speech - Hansard - -

My Lords, does the Minister agree that part of the answer to the question from the noble Lord, Lord Howell, about hydrogen as an appropriate source of heating is that producing hydrogen in itself uses a tremendous amount of energy? It is one of the least energy-efficient ways of producing an alternative source.

Lord Callanan Portrait Lord Callanan (Con)
- View Speech - Hansard - - - Excerpts

The noble Lord is right. Of course, there are two separate issues. Hydrogen will play an important role in the transition; there are lots of industrial processes, such as heavy transportation, for which there is no realistic alternative to hydrogen, and we will be announcing the results of the first hydrogen allocation round shortly—a lot of things are happening in the near future. Hydrogen will play an important role in decarbonisation and long-term energy storage because we principally “waste”—in inverted commas—quite a lot of electricity in curtailment payments because we cannot use it. So, in terms of large-scale storage of energy, it can play an important role, as well as in industrial processes. There will be some important uses for hydrogen. There is a separate question about whether it should play an important role in home heating, about which we will decide shortly.

Climate Change Committee: Discussions

Debate between Lord Newby and Lord Callanan
Thursday 27th April 2023

(1 year, 1 month ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Callanan Portrait Lord Callanan (Con)
- View Speech - Hansard - - - Excerpts

Decarbonising our electricity system, which we are doing at the fastest rate of all G7 countries, will require much more electrification. Renewable generation capacity is currently six times greater than in 2010. We are expanding to deliver up to 50 gigawatts of offshore wind capacity by 2030. We have said that we will also consider onshore wind in future CfD rounds. We have one of the highest solar capacities in Europe as well—in fact, we have more solar capacity than even countries such as France.

Lord Newby Portrait Lord Newby (LD)
- View Speech - Hansard - -

My Lords, the Minister’s defence of new exploration and production in the North Sea is that the carbon footprint of the oil and gas produced will be less because it will be consumed here. This goes against all the evidence. Can the Minister therefore give the House an assurance that all future production of oil and gas in the North Sea will be consumed in the UK in order to reap the benefits which he so repeatedly announces?

Lord Callanan Portrait Lord Callanan (Con)
- View Speech - Hansard - - - Excerpts

The reason I said it was lower carbon intensity is that that is a fact. There are lots of studies being done on it. Imported LNG has about twice the carbon footprint of domestic production. Of course I cannot give him a guarantee that it will all be consumed within the UK, because it is an international market. We have pipelines, for instance, interlinking our gas supply with the continent, as the noble Lord well knows. If the Liberal Democrats really believe that we should stop our production tomorrow, I look forward to all the focus leaflets—which are being distributed at the moment—telling people that they have to stop using their gas boilers or driving their cars. Lots of leaflets are being produced but I have not noticed the Liberals saying that in public.

Vaccine Manufacturing and Innovation Centre

Debate between Lord Newby and Lord Callanan
Monday 25th April 2022

(2 years, 1 month ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Callanan Portrait Lord Callanan (Con)
- Hansard - - - Excerpts

As I said, there are a number of other sites in the UK which also manufacture vaccines. If the Government need to procure vaccines for a future pandemic, I am sure that we will want to procure from this site, in addition to all the other sites which exist in the UK—all of which, I might add, are in private hands.

Lord Newby Portrait Lord Newby (LD)
- Hansard - -

My Lords, in his response to my noble friend’s question, the Minister said that he could not give us any explanation of the process which had been followed for reasons which we would all understand. I did not understand why the Minister could not answer that question. I wonder if he could answer it now, as it seems to me that there are no reasons, in terms of commercial confidentiality, why he cannot answer that question.

Lord Callanan Portrait Lord Callanan (Con)
- Hansard - - - Excerpts

The investment security unit looked at the transaction, as it does all transactions. Obviously, as the transaction has proceeded, we have decided not to intervene.

Energy Prices

Debate between Lord Newby and Lord Callanan
Wednesday 12th January 2022

(2 years, 5 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Callanan Portrait Lord Callanan (Con)
- Hansard - - - Excerpts

I know that my noble friend, as a former Energy Minister himself, is very experienced in these matters. Of course, the underlying point that he makes is right—but it is a transition that will take place over many years and, in the meantime, there will of course be considerable demand for fossil fuels.

Lord Newby Portrait Lord Newby (LD)
- Hansard - -

The Minister has just talked about mitigations that the Government have in place, but those mitigations were inadequate before the price rise that we have seen, and clearly will be completely inadequate in dealing with the huge increases with which vulnerable families will be faced in the next few months. On measures that the Government might take that will require expenditure, have they considered raising the money required by imposing a windfall tax on those oil and gas companies whose profits have soared as prices have soared?

Lord Callanan Portrait Lord Callanan (Con)
- Hansard - - - Excerpts

There are a number of different policies under consideration but, of course, the situation is never as simple as the noble Lord would have us believe. Many of the North Sea producers over which we would have taxation control have long-term contracts in place at fixed prices to supply wholesalers in the United Kingdom. So it is not clear that there are excessive profits being made—but I am sure that this is something that the Chancellor will want to look at in his review, to see what else we can do in this area.

European Union: Trading Arrangements

Debate between Lord Newby and Lord Callanan
Thursday 30th January 2020

(4 years, 4 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

No, our commitment is that we will not be entering into a process of dynamic alignment; we think that decisions on future laws governing this country should be made in this Parliament, and we will not be subcontracting that job to the European Union.

Lord Newby Portrait Lord Newby (LD)
- Hansard - -

My Lords, I understand the Government’s position on dynamic alignment, but have they made an assessment of the cost to exporters of the additional controls and checks that will be required once we are no longer committed to such dynamic alignment?

Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

We have not concluded the future relationship yet, so we do not know what impediments or otherwise there will be to free trade. Our aim and ambition is to make sure that there are as few impediments as possible. We want unfettered access to EU markets, as indeed the EU will want access to our markets—that is the whole point of having the discussions. We will be seeking to secure an agreement without any tariffs or quotas and with as ambitious a relationship as possible, and I hope we will have the support of the Liberal Democrats in doing that.

European Union (Withdrawal Agreement) Bill

Debate between Lord Newby and Lord Callanan
Committee: 2nd sitting (Hansard continued) & Committee stage & Committee: 2nd sitting (Hansard continued): House of Lords
Wednesday 15th January 2020

(4 years, 5 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 16-III Third marshalled list for Committee - (15 Jan 2020)
Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

No. As I have just said, we very much hope that both sides will be able to reach an agreement. Both sides have committed to do so. I quoted the section in the political declaration whereby we and the EU have committed to getting the negotiations finalised and coming into force by the end of 2020.

Lord Newby Portrait Lord Newby
- Hansard - -

My Lords, the Minister has in a sense just given the game away. They “hope” to reach an agreement. The Commission has said that it is impossible. The Prime Minister said yesterday that it was not inevitable. The key question which this amendment seeks to address is what happens if you cannot get to that point. When asked whether this could mean we leave without a deal, the Minister said no. So what happens if there is no deal? Is he accepting a bare-bones deal? I do not remember seeing that in the Conservative Party manifesto.

The Minister has done nothing to reassure me that there is anything in the Government’s approach that makes reaching a deal in this timetable even vaguely possible. In those circumstances, as I said in my speech, I do not believe that it is in the interests of anyone—neither economically nor in terms of the national interest, given the security and other issues covered by the political declaration—for the Government’s hands to be tied by law in this way. Therefore, I am wholly unpersuaded by the Minister. For today we will not put this issue to a vote, but we will return to it.

Brexit: Cross-party Discussions

Debate between Lord Newby and Lord Callanan
Thursday 16th May 2019

(5 years, 1 month ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

I think the noble Lord is getting ahead of himself. The withdrawal agreement has been negotiated by the Government. We stand by that. The EU has made it clear that it is the only and best agreement available, and that will be reflected in the legislation that we bring forward, which I hope Parliament will consider in all seriousness.

Lord Newby Portrait Lord Newby (LD)
- Hansard - -

My Lords, everybody knows that the withdrawal agreement Bill stands no chance of passing its Second Reading in the House of Commons so, first, why are the Government bringing it forward anyway and, secondly, when they have lost that vote, what do they plan to do then?

Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

The noble Lord is asking me hypothetical questions. I remain confident that Parliament will want to reflect the result of the referendum, that it will see the messages that are being transmitted by the electorate and that it will want to make sure that the referendum result is honoured and that we leave the EU in a smooth and orderly manner.

Brexit: Date of Exit

Debate between Lord Newby and Lord Callanan
Thursday 14th March 2019

(5 years, 3 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

As the noble Baroness is well aware, since I have repeated it many times in this House—noble Lords will groan and roll their eyes—the legal position, until it is changed, is that we leave on 29 March. The Government have said that if the House of Commons wishes to vote for an extension, we will table the necessary affirmative SI, but we cannot do that until it has been agreed by the EU Council. We cannot just unilaterally extend Article 50; it has to be agreed with the Council. We will do that if an extension is agreed by the House of Commons and by the European Council.

Lord Newby Portrait Lord Newby (LD)
- Hansard - -

My Lords, given the decision by the House of Commons yesterday to rule out no deal, will the Government now withdraw from the Order Paper all the statutory instruments which would implement no-deal provisions, on the basis that they are a complete waste of parliamentary time?

Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

No, we will not. The reason—even I am getting bored of hearing myself repeat it—is that the law of the land, as currently constituted, says that we leave the EU on 29 March. Article 50 says that in European law, which the Liberals want us to continue experiencing, and British domestic legislation says the same.

Brexit: Statutory Instruments

Debate between Lord Newby and Lord Callanan
Thursday 10th January 2019

(5 years, 5 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

The Labour Party cannot have it both ways. It cannot on the one hand say, “We are voting against the best and only deal available”, and then say, “But we don’t want no deal”. No deal is the absence of a deal. If you want a deal, European Union leaders have made it very clear that this is the best and only deal available, the result of two years of negotiation. No alternative deal is available. If you do not want no deal, you need to vote for the deal.

Lord Newby Portrait Lord Newby (LD)
- Hansard - -

Will the Minister explain the Government’s complete lack of urgency in dealing with statutory instruments? We will rise today by about 3 pm; we normally rise at 7 pm. We are not sitting tomorrow. The noble Lord, Lord Cunningham, has graphically demonstrated that, on current plans, there is no way that the Government are scheduling business so that we can deal with SIs in a professional manner. Why is this?

Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

The organisation of business in the House is a matter for my noble friend the Chief Whip and for the usual channels. I am sure they will, as they always do, work collaboratively and co-operatively to ensure there is sufficient time for the proper scrutiny of all the appropriate legislation.

Brexit: Legislative Timetable

Debate between Lord Newby and Lord Callanan
Monday 7th January 2019

(5 years, 5 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

I am not sure I like the noble and learned Baroness’s term “crash out”. We will leave on 29 March because we had a referendum on the subject and because Parliament, both in this House and the other, has voted on two occasions—in the notification of withdrawal Act and the withdrawal Act—for the UK to leave and for the referendum Bill to be approved. We, the European Commission and the Irish Government have made it clear that there will not be a hard border on the island of Ireland.

Lord Newby Portrait Lord Newby (LD)
- Hansard - -

My Lords, of the 600 SIs to which the noble Lord referred, how many have passed both Houses?

Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

I do not have those figures in front of me. I will write to the noble Lord on that.

Brexit: Withdrawal Agreement Scrutiny

Debate between Lord Newby and Lord Callanan
Wednesday 31st October 2018

(5 years, 7 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

We have not pencilled in a final date. However, we are well aware—and have made the EU negotiators well aware—of all of the procedures that will need properly to be followed. The withdrawal agreement will be an international treaty but in the withdrawal Act, passed by both Houses, we are committed to the meaningful vote. We cannot ratify that Act without the appropriate say-so of Parliament in the meaningful vote and without the appropriate legislation being passed—and that will require proper scrutiny. The usual channels listen closely and are well aware of the timescales and constraints under which we are operating.

Lord Newby Portrait Lord Newby (LD)
- Hansard - -

My Lords, will the Minister revisit his answer to an earlier question? He implied that a draft withdrawal agreement had been published by the British Government, whereas in fact it was published by the Commission in March. Can he explain why Michel Barnier is able to give, week by week, detailed descriptions of the negotiations from the perspective of the EU—without, presumably, undermining its negotiating position—but it is impossible for British Ministers to do the same here, despite the assurance that was given in 2016?

Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

The text was published by the Commission, but it was an agreed text. There would have been very little point in us publishing exactly the same text. We are committed to providing as much information as possible and will continue to do so. I am really not sure that it is the case that Michel Barnier is able to share any more details of the negotiations with MEPs or others than is happening in this country.

Brexit: EU Commission

Debate between Lord Newby and Lord Callanan
Wednesday 10th October 2018

(5 years, 8 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

I think I can answer those questions with yes and no.

Lord Newby Portrait Lord Newby (LD)
- Hansard - -

My Lords, in the Statement that the Minister repeated yesterday, the Secretary of State for Exiting the EU said:

“On the future relationship, we continue to make progress … although there is still some way to go”.—[Official Report, 9/10/18; col. 65.]


Does the Minister therefore now expect a draft statement on the future relationship to be available for the Council meeting next week? If not, when does he expect it?

Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

I am afraid I am unable to give a precise timescale at the moment. We are negotiating. At this moment our negotiating teams are meeting in Brussels and we are confident of a deal. As soon as we have one that we can share with the noble Lord, I will be sure to let him know.

UK-EU Future Relationship: Young Voters

Debate between Lord Newby and Lord Callanan
Monday 10th September 2018

(5 years, 9 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

The noble Baroness has illustrated the breadth of opinion that there is on the subject in her party as well as in mine. All we can do as a Government is to set out a credible, realistic proposal. We are negotiating on that basis and waiting for a formal response from the European Commission. We will negotiate the best possible deal that we can for the United Kingdom and then, as we have said, we will put that agreement to a vote in the House of Commons and MPs will determine whether it meets with their approval.

Lord Newby Portrait Lord Newby (LD)
- Hansard - -

The Minister is keen to talk about the Government respecting the will of the British people. How does that square with the fact that every recent opinion poll has shown that a significant majority want a vote on any deal, or lack of deal, and that if there were such a vote, a majority say that the country would vote to remain? Are the Government respecting the current will of the British people?

Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

It might surprise the noble Lord to know that we do not have government by opinion poll. If we did, we might have some strange results, such as on capital punishment, which he might not support. As I said, we are taking forward the proposals that we put forward in good faith. We are negotiating on them and will put the result of the negotiations to a vote in the House of Commons and a take-note debate in this House, and then we will see where we go from there. That is what we have said, and we can only do our best in those circumstances.

Brexit: European Commission Discussions

Debate between Lord Newby and Lord Callanan
Monday 9th July 2018

(5 years, 11 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

I am not sure what system the noble Lord is referring to, but if he waits until later in the week, we will be producing a White Paper, which I am sure will provide him all the details that he wishes to see.

Lord Newby Portrait Lord Newby (LD)
- Hansard - -

My Lords, if I were an exporter to the EU, what difference would I notice between the Government’s plan for a free trade area and continued membership of a customs union?

Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

We have been very clear that we are leaving the single market, we are leaving the customs union, and we want to set up a UK-EU free trade area based on the principles set out in the Chequers agreement.

Brexit: North-East of England

Debate between Lord Newby and Lord Callanan
Wednesday 9th May 2018

(6 years, 1 month ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

My Lords, I make no apologies for talking about our record levels of employment in a region of which I am proud to be a part. I am sorry that the noble Lord does not seem to recognise that. Unemployment is continuing to fall. There are record levels of investment. Last year, Nissan announced a new £57 million investment in the region, to last for 25 years. It said it was going to continue to produce cars in the region for many years to come. The region is booming; it is doing well. Unemployment is falling, and I am sorry that the Labour Party does not want to recognise that.

Lord Newby Portrait Lord Newby (LD)
- Hansard - -

My Lords, the Minister sought to rubbish the figures given by the noble Baroness, Lady Quin, on the basis that they represented an incomplete analysis. Can he tell the House whether the Government have produced a complete analysis and, if so, what does it show?

Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

I did not rubbish the noble Baroness’s figures. They are contributing to the debate. I said it was an incomplete analysis and did not model the preferred economic outcome that we are seeking. We are continuing to conduct a range of economic analyses of all exit scenarios for all parts of the United Kingdom, and we will share all the appropriate analysis with Parliament when we have negotiated a final deal.

Brexit: Immigration

Debate between Lord Newby and Lord Callanan
Thursday 29th March 2018

(6 years, 2 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

I thank the noble Baroness for her Easter good wishes. I think that I will spend my Easter studying amendments to the withdrawal Bill; nevertheless, I hope that we all get some time off. Yesterday the Home Secretary said that we expect to publish a White Paper on a future immigration system before the end of the year in order for consultations to go forward. Legislation will follow that but we have already provided certainty for what will happen during the implementation period up to the end of 2020.

Lord Newby Portrait Lord Newby (LD)
- Hansard - -

My Lords, the noble Lord has just confirmed that we will have zero certainty about immigration on exit day, if exit day is in March next year. If there is a White Paper by the end of the year, the chances of getting an immigration Bill through by exit day is nil. How does the noble Lord expect people to judge the impact of exit if they do not have the faintest idea what our immigration system will be at the point of exit?

Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

I think that the noble Lord is a bit confused about this. We are very clear—and we reached agreement on this—that during the implementation period, which will start on exit day, all the current arrangements will be replicated so that people will have certainty about the system until the end of 2020, another 21 months after exit day. After that, we will put in place a new immigration system, which is what the White Paper will be about. Therefore, we do have certainty on what will happen next year.

European Union (Withdrawal) Bill

Debate between Lord Newby and Lord Callanan
Monday 19th March 2018

(6 years, 3 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

I covered this point earlier. Parliament has passed the notification of withdrawal Act, to give our notice under Article 50 to withdraw from the European Union. That is the process that we are following; that is the process that was authorised by Parliament.

Lord Newby Portrait Lord Newby
- Hansard - -

Is that a yes or a no?

Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

We have said that once we have negotiated the best deal available, we will bring it back to this Parliament and Parliament will vote on whether it wishes to accept that deal or not.

European Union (Withdrawal) Bill

Debate between Lord Newby and Lord Callanan
Wednesday 14th March 2018

(6 years, 3 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

If the noble Viscount will forgive me, I have not read the details of that. I am sure his quote is accurate but I would like to read the whole thing before I comment on it in detail.

Lord Newby Portrait Lord Newby (LD)
- Hansard - -

My Lords, the Minister has just said, as he has done several times in Committee, that, first, the Government reject all the amendments but, secondly, they are going to think about it. The clock is ticking and we are not now that far from Report. Saying “I’m going to think about it” may give some noble Lords false hopes that the Minister has it in mind to do something about it. I suggest that in this case, and certainly as we come to future groups, if the Minister seriously has it in mind to produce a government amendment on Report, he says so in terms. Simply saying time after time “We reject this but we’re going to think about it” does the House a disservice because, having listened to most of the Minister’s speeches on the Bill, I have the feeling that thinking about it does not appear to be a prelude in the Minister’s mind to any action whatever.

Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

I and other Ministers have indicated in response to other groupings of amendments where we are definitely going to be bringing back further amendments on Report. However, we have also made it clear, as I hope many noble Lords in the House today will agree, that we are having further discussions with a number of people who have raised valid concerns to see how those concerns may be addressed. While on many occasions we do not want to go as far as some of the amendments, there may be some reassurances that we can give or modifications that we can suggest. I am not going to give any definite commitments at this stage—that is not how this process works—but we are looking at all the issues and, as I have said on numerous occasions, we will do what we can to take into account the concerns of the House.

European Union (Withdrawal) Bill

Debate between Lord Newby and Lord Callanan
Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

If my noble friend will forgive me, I will discuss that in a second.

Ministers make their decisions on secondary legislation based on reasonable grounds in the normal course of events. The use of these powers will be subject to the usual public law principles designed to ensure that the Executive act reasonably, in good faith and for proper purposes. I accept, however, that noble Lords have principled and legitimate concerns and we will ensure that these are addressed and that the reasonableness of a Minister’s courses of action is made clearer. Given the views expressed today, I would like to engage in further discussions with noble Lords with a view to returning to this issue on Report.

Amendments 71, 72, 76, 77, 78, 79, 116, 118, 140, 229, 253, 254, 257, 258, 264, 265, 276, 277, 290 and 291, which were tabled by noble Lords including the noble Lord, Lord Lisvane—to whom I spoke yesterday and I understand why he is not in his place today—the noble Lord, Lord Foulkes and the noble Viscount, Lord Hailsham, seek to exchange “appropriate” for “necessary”, about which we have had a great deal of debate, in the main powers and schedules in which it can be found. I understand noble Lords’ concerns but, as I have stated, this would have a serious impact on our vital programme of secondary legislation to prepare our statute book for exit day. “Necessary” is a high bar to meet. The courts have said that the nearest paraphrase for “necessary” is “really needed”, but such a test would be too constrictive.

Lord Newby Portrait Lord Newby (LD)
- Hansard - -

Can the noble Lord give an example of where something is not really needed? Surely the whole point of this legislation is only to do things that are really needed—not to do anything that you think, when you wake up in the morning, might be a jolly good idea.

Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

If the noble Lord will have a little patience I will get on to that in a second.

If regulations could only make “necessary” provisions, the powers would be heavily restricted to a much smaller set of essential changes. For example, if the Government wanted to change references in legislation from euros to sterling, we would expect such a change to be considered “appropriate” both by the courts and, I hope, by this House, but it might not be considered “necessary”.

We might manage to ensure that our statute book is in a legally operable state, but it would not be in its most coherent form, or arranged in a way that best promotes our national interest. I am sure that this Committee does not intend to restrict the Government from legislating coherently or in the national interest, but that may be the unintended consequence of amendments which swap “appropriate” for “necessary”.

I note that some of the amendments in this group contain wording suggested by the DPRRC in its report on the powers in this Bill. In particular, I was interested in the assertion that:

“The operative test in Clause 7 should be whether it is necessary to deal with the problem, not whether only one solution follows inexorably”.


I first highlight that I do not believe that these amendments break up the necessity process in the way that the committee intends. I also question the merits of breaking up the necessity test in the way that the committee suggests. In its report, the committee cites the example of a deficiency in which there is:

“A requirement to collect and send information that will no longer be accepted by the EU”.


The committee states that it,

“is clearly a deficiency that it is necessary to remove from the statute book: it cannot be right to retain a redundant legal duty that amounts to a waste of time, effort and public money”.

However, I question whether this change is strictly necessary, or whether it is merely appropriate. The committee asserts that it cannot be “right” for this arrangement to continue—and I agree with it—but is it strictly “necessary” that it be removed? What great harm, after all, would be done if the information were still sent? The statute book would continue to function, albeit illogically and not in the public interest. But is it necessary, in a strict legalistic sense, to have the statute book working logically and in the public interest, or are all our changes merely appropriate? In these sorts of instance we cannot with any certainty predict the way in which a court might rule. It is precisely to guard against such a decision that the Government cannot support the suggestion made by the committee.

European Free Trade Association

Debate between Lord Newby and Lord Callanan
Tuesday 27th February 2018

(6 years, 3 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

I think the noble Lord will have to wait to see what the Prime Minister has to say about the issue on Friday. I am building up the sense of anticipation.

Lord Newby Portrait Lord Newby (LD)
- Hansard - -

My Lords, the Irish Government believe to have a frictionless border, we have to be members of both the single market and the customs union. On what basis do the British Government disagree with the Irish Government on that matter?

Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

We think the Irish Government are wrong on this matter. There is already a fiscal border in Northern Ireland but we have been very clear that we are not going to impose a hard border. We set out in a paper last year how we think this could be achieved by various electronic and technological means. However, we accept that this has to be the subject of further discussion, and we look forward to having those discussions. The Taoiseach of Ireland has accepted that that has to be part of the end-state agreement.

Brexit: Sectoral Impact Assessments

Debate between Lord Newby and Lord Callanan
Thursday 2nd November 2017

(6 years, 7 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

I thank the noble Baroness for her welcome. I have watched her as an extremely able and effective performer in this House and look forward to working closely with her, as far as we are able, in the difficult task ahead. The Motion in question was about sharing documentation with the Select Committee on Exiting the EU. As the Secretary of State for Exiting the EU has said in the other place this morning, he has already spoken to the chair of that committee. Further conversations will take place about we how handle the confidentiality of the documents that we hand over. Of course, I will be very happy to have similar discussions with the committees of this House.

Lord Newby Portrait Lord Newby (LD)
- Hansard - -

My Lords, the basis of the Government’s case for not publishing the documents is that they would prejudice the Brexit negotiations. If the documents are factual assessments of the consequences of leaving the EU, how can that conceivably undermine the negotiations? Surely it just helps the whole country to understand the consequences of the course that the Government are now set on.

Lord Callanan Portrait Lord Callanan
- Hansard - - - Excerpts

My Lords, we have been very clear that we will be as open as possible and share as much information with both Houses as possible. The Secretary of State and other Ministers have made a substantial number of appearances in front of various committees of both Houses. We want to be as open as possible, but we must be careful not to prejudice our negotiating position. The noble Lord will be aware that the EU, on the other side of the negotiations, has not released similar assessments.