Streatham Incident
Lord Pearson of Rannoch Excerpts(4 years, 9 months ago)
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Lord Keen of Elie
My Lords, we have accepted the recommendations of the Acheson review. They were essentially brought down to about 11 key points, which we have sought to implement. For example, I again notice the introduction of the desistence and disengagement policy, which is intended to ensure that there is mentoring on a one-to-one basis with prisoners who have been convicted of these serious terrorist offences.
Lord Pearson of Rannoch (Non-Afl)
My Lords, the Statement concludes:
“We face a threat from an ideology that takes no heed of others, and we must use every tool we can to make sure that that threat is neutralised.”
Will the Government therefore go to the root of the problem and encourage our Muslim leaders to re-form their religion, so that their jihadists cannot use it as the inspiration for this sort of attack and many thousands of similar attacks across the globe?
Lord Keen of Elie
My Lords, it is a matter of regret that these outrageous attacks are not limited to any one section of the community and are not to be attributed to religious belief, but rather to a corruption of that belief.
Brexit: Powers of EU-UK Joint Committee
Lord Pearson of Rannoch Excerpts(5 years, 8 months ago)
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Lord Keen of Elie
Of course, international affairs are a matter for the United Kingdom Government. We do not undertake such matters without consultation with the devolved Administrations, where it has an impact on their interests. It is, however, simply a matter for the United Kingdom Government, not the Scottish Government.
Lord Pearson of Rannoch (UKIP)
My Lords, have the Government seen the Daily Telegraph article revealing that nearly all the civil servants in the Foreign and Commonwealth Office are trying to frustrate the Government’s policy of leaving the European Union? How will the national interest be served in the joint committee?
Lord Keen of Elie
My Lords, the Government as an entity do not read—and do not read the Daily Telegraph.
Further Developments in Discussions with the European Union under Article 50 of the Treaty on European Union
Lord Pearson of Rannoch Excerpts(5 years, 8 months ago)
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Lord Brown of Eaton-under-Heywood (CB)
My Lords, it is always a great pleasure to follow the noble Lord, Lord Cormack, although this tends to throw into sharp relief the inability of many of us to match his enviable skills of extemporary exposition.
Over recent months, I have found much of the Brexit process deeply depressing and disheartening, not least the apparent total disregard paid by the other place to the debates held in your Lordships’ House. It is true of course that under Section 13(1)(b) of the 2018 withdrawal Act only the House of Commons has to approve any deal, although under Section 13(1)(d), an Act of Parliament, and therefore your Lordships’ agreement, is required to implement the withdrawal agreement element of any overall deal. Why, however, does Section 13(1)(c) of that Act require a debate on any deal in your Lordships’ House unless it is thought likely to assist the House of Commons in its consideration of these questions? Does it? Do they read our debates in Hansard? Frankly, and sadly, I question that.
In these debates, time and again, I am struck by the quality of your Lordships’ contributions and the depth of expertise and experience that informs so many of them. I say this in relation to the views expressed on all sides of the debate, not merely those that happen to coincide with my own. When I speak of all sides of the debate, there are basically three approaches urged here: one is to buy into the deal; another is to remain in the EU; and the third is to leave with no “overarching deal”, as the noble Lord, Lord Howard, puts it. That final view—the outcome which he and a number of others who have spoken in this debate plainly prefer—is surely there and we need to have regard to it, frightening though I find it, and strongly opposed to it though I am. Therefore, I question whether the binary question of the further referendum proposed by the noble Lord, Lord Newby, which totally ignores and overlooks it, would be the proper one to put before the country.
I am opposed to any future referendum. I am now converted to the view that we should leave the Union on the terms offered, with no further referendum, on 29 March, or as soon as possible thereafter—an extension of a few weeks may be required to enact the necessary implementing legislation. I have no doubt that a short extension would be granted, for the explicit purpose of implementing a deal. As to the sort of long delay proposed by some—Sir John Major, for example, sought 12 months in his letter in Friday’s Times, and the noble Lord, Lord Adonis, suggested a 21-month extension in his “Thunderer” article in today’s Times, in neither case indicating with any clarity what precise purpose such an extension would be intended and expected to achieve—I am profoundly doubtful about whether the other 27 member states would unanimously agree to that. In any event, for my part, I strongly share the view of the noble and learned Lord, Lord Hope, the noble Lord, Lord Bridges, and several other participants in this debate that we should not request this in the first place.
I said earlier how impressed I had been by the contributions of your Lordships on all sides of the debate, but I should perhaps make one exception to that encomium. There appear to be one or two among your Lordships—it would be invidious to name them—who, to my mind, are labouring under a profound misapprehension on our entitlement to extend the Brexit process to negotiate a fresh and better deal. In our latest Brexit debate on 27 February, one of your Lordships said that we should seek a very long extension, if necessary, for a further referendum. So far so good, though as indicated I personally strongly disagree. The speech then went on in a way that seemed clearly to indicate a total misunderstanding of the legal position. It suggested:
“The deadline must be extended well beyond 29 March. Article 50 must be revoked—we are still in time to do that. Then, as full and remaining members of the European Union, we should embark on orderly negotiations to leave the European Union. Once those have crystallised into a concluded agreement, regulating the ultimate arrangements between ourselves and the European Union, that agreement”—[Official Report, 27/2/19; col. 267.]
here I paraphrase—could then be the subject of a further referendum, or, if the electorate were to agree, it would be left to Parliament.
The short point is that if Article 50 is revoked, that precludes any possible right to embark on orderly negotiations. We can revoke Article 50, to quote the language of the CJEU, the Luxembourg court, only if that revocation is,
“unequivocal and unconditional, that is to say that the purpose of that revocation is to confirm the EU membership of the Member State”.
Such a revocation would necessarily imply that the United Kingdom is now, after all, intent on remaining a fully committed member of the EU and that we do not simply intend to give a further notification. Abuse of right is an established principle of EU law and it is really difficult to give any more obvious illustration of such an abuse than revoking the Article 50 notice essentially as a device to circumvent the requirement for unanimity of the other 27 for any extension of the two years allowed. There can be no question of the other 27 renewing or continuing negotiations on such a revocation.
I have no wish and indeed no time to weary your Lordships by repeating arguments that I advanced in early debates—although I spared your Lordships in the last one—in favour of accepting this deal but, in common I believe with the great majority of the population of this country and most of those with business interests, I urge the other House to buy into this deal on offer.
Lord Pearson of Rannoch (UKIP)
My Lords, would the noble and learned Lord care to comment on a Written Answer I recently received from the Government to the effect that—
Lord Taylor of Holbeach (Con)
My Lords, I think the noble Lord is perhaps testing the patience of the House by his constant interruptions. The noble and learned Lord had indeed sat down. I do not think that it is right that the noble Lord should raise another issue. He is entitled to raise purely points of clarification.
The Advocate-General for Scotland (Lord Keen of Elie) (Con)
My Lords, mere words can hardly do justice to my feelings on being invited to close yet another debate on Brexit, particularly so shortly after a debate that covered the same territory and since when, it is acknowledged, so little has changed. If there is one element of this debate that will stand out for me, it is the suggestion from the noble Baroness, Lady Hayter, that I would still be able to play the boy. The noble and learned Lord, Lord Goldsmith, sought to draw an analogy between the role of my right honourable and learned friend the Attorney-General and that of Godot, but of course it will be obvious to all in this Chamber that my right honourable and learned friend had far greater presence and substance on the EU stage than Godot ever managed in a two-act play.
That continues; the noble and learned Lord asked whether those negotiations have stalled, and the answer is most certainly no. My right honourable friend the Prime Minister is, as some have already discerned from the media, traveling to Strasbourg, where it is proposed she will meet with Mr Juncker at 9 pm Strasbourg time, which is 8 pm our time. That meeting is being held with a purpose, and it is being held because there continues to be dialogue between us and the European Union over the withdrawal agreement. I am sure noble Lords will appreciate that it is not for me at this time to anticipate the outcome of those discussions; nor is it for me to disclose the scope of those discussions at this time. However, it is sufficient perhaps to observe that such discussions will take place, and we look forward to their outcome once it becomes clear.
My noble friend Lord Hodgson of Astley Abbots made the clear and well-established point that, in the context of negotiation—which, as my noble friend Lord Finkelstein observed, requires more than one party when you are doing a deal—the tough issues are always sorted out at the 11th hour. Indeed, I have no doubt that the noble and learned Lord, Lord Goldsmith, will recall from his own experience in commercial litigation that, at least in the past, the most intractable and difficult disputes were very often finally resolved at the door of the court. These agreements almost invariably occur at the 11th hour.
In that context, I turn to the questions raised by the noble Lord, Lord Newby. He enumerated seven, but I respectfully observe that they tend to merge with each other. It is true that the Prime Minister is going to Strasbourg—indeed, she may already be there—and it is certainly true that she is taking with her a willingness to listen and to discuss further the resolution of the issues surrounding the withdrawal agreement. She is proceeding in a mood of optimism, as one would in the context of any such discussion. That will lead on tomorrow to the meaningful vote in the other place. It may be that further news will become available before any Motion is moved tomorrow, but that is the nature of negotiation, and that will be accommodated as and when it is required.
The noble and learned Lord, Lord Hope of Craighead, referred to the issue of delay; I concur with his and other noble Lords’ observations about the dangers of delay in the context of the ongoing process. It may be that there will be an amendable Motion in respect of exit day. However, a statutory instrument would also be required in the event of further changes to the exit date, assuming there was consent from the European Union, because of the definition of that term already contained in the 2018 Act. But it could be done. As for Little Jim, I am beginning to feel some sympathy for his condition. Slow he may have been devoured, but at least it was the end.
The noble Lord, Lord Pearson of Rannoch, and my noble friend Lord Saatchi suggested that negotiations be carried on with other parties in some other manner but, with great respect, Article 50 provides that we negotiate with the European Union, and the European Union has appointed the Commission to negotiate on its behalf. That is where we stand.
Lord Pearson of Rannoch
My Lords, will the Minister therefore comment on the Written Answer received from the Government, which states that the United Kingdom has resiled unilaterally from 52 treaties since 1988 and answer why we cannot do that now in the interests of continuing free trade with the people of Europe, the disappearance of the Irish problem and the peace and prosperity in front of us?
Lord Keen of Elie
There is a very material distinction between being able to resign from a treaty which makes provision for such a move and denunciation of a treaty. We have no intention of denouncing our obligations. We have proceeded under the mechanisms provided for by the Lisbon treaty—namely, Article 50.
The noble Baroness, Lady Quin, alluded to her background and experience in Europe, which I acknowledge, but I notice that we have seen the European Economic Community transmogrify through Maastricht and Lisbon into something quite distinct from that ever anticipated by its founders.
The noble Lord, Lord Thomas of Gresford, wondered why the DUP could not see the economic benefits of the backstop. I have no doubt that the DUP can recognise such economic benefit as there may be, but it sees more clearly the constitutional challenges that could be presented. It is that which has caused it concern.
My noble friend Lady Noakes observed that there was really nothing to debate at this stage. It appears to me that noble Lords have raised several issues for debate here, but of course we are left in anticipation of what may occur during the course of negotiations that are still to come.
The noble Lord, Lord Wigley, made it quite clear that, in his mind, all roads lead to Rome—or perhaps not Rome but a second referendum. I acknowledge his desire to go in that direction.
My noble friend the Duke of Wellington made a plea to all parties to compromise, and that is indeed what we seek to do here. He underlined how important it was that we should leave on 29 March with a deal. It is the Prime Minister’s wish that we should leave on that date with a deal.
The noble Lord, Lord Kerr of Kinlochard, in his inimitable fashion, observed that there were no new facts and that it was therefore necessary to deal with fantasy. I respond: it is never necessary to deal with fantasy and I would not intend engage with it at this stage.
The noble Lord, Lord Dobbs, asked about the meaning of a hard border. That is a border that includes any physical infrastructure with related checks and controls. It is not something that anyone desires for the island of Ireland.
The noble Lord, Lord Rooker, in alluding to the proposition that 16 year-olds should have the vote in a second referendum, observed that it was their future. I say, albeit with a degree of optimism, that I also regard it as my future. Therefore, I claim an equal interest in the outcome of the present negotiation, albeit not for necessarily the same length of time.
The noble Lord, Lord Bethell, alluded to the difficulty and dangers that would face us if we were found to breach the trust that has been placed in Parliament as a consequence of the referendum. I say no more of that.
The noble Lords, Lord Horam, Lord Armstrong and Lord Inglewood, referred to the proposition that we find ourselves in a mess. We find ourselves in a very challenging position because we are engaged in a deep and difficult negotiation in which we should expect the EU 27 to represent properly their interests, not ours. I acknowledge that, but I would observe that the darkest hour is often just before the dawn. As dawn rises in Strasbourg, we hope to see the outcome of the further, potentially final, negotiations that will bring the withdrawal agreement before the other place tomorrow.
The noble Baroness, Lady Crawley, alluded to EU minimum standards in the context of workers’ rights. I would point out that the United Kingdom stands well above those minimum standards in many areas, particularly in relation to maternity benefits, paternity benefits and elsewhere. Indeed, it has been reported that we stand second only to Sweden in the standards we maintain, so we are not driven by Europe on such standards. Indeed, I suggest that we drive Europe forward in many instances.
Brexit: Withdrawal Agreement and Political Declaration
Lord Pearson of Rannoch Excerpts(5 years, 10 months ago)
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Lord Pearson of Rannoch (UKIP)
My Lords, I am most grateful to the noble Lord, Lord McNally, for his generous comments. I refer students of the Brexit saga to what I said in your Lordships’ House on 30 January, 16 May and 20 November last year, and indeed on many occasions over the past 25 years. The burden of my recent song has been that our politicians and bureaucrats have never done a commercial deal in their lives, so do not understand the strength of our hand in Brussels or how to play it. I have recently come to see that our political media suffers from the same disability, so all three are now joined together in a lengthy cacophony with which our real people are getting very frustrated and angry.
Much of this noise is now directed against the supposed horrors of leaving the EU on 29 March without a deal, but I should have thought that the speech here today from the noble Lord, Lord Lilley, and the paper he published via Global Britain and Labour Leave on 7 January entitled 30 Truths about Leaving on WTO Terms, together with yesterday’s paper from Economists for Free Trade, No Deal is the Best Deal for Britain, should comprehensively close all that nonsense down. If those who, in truth, want to reverse the referendum result do not agree with those papers, perhaps they would publish a rebuttal, point by point, author by author. I look forward to reading it—not very hopefully, because they cannot.
No deal is fine but I come back to a concept which is even cleaner and simpler: the Government should accept that they will never get a deal out of the Commission which respects our referendum result, because the Commission’s main aim in life is to keep its project of European integration afloat, and if we break free and make a success of our restored independence, that aim will be even more damaged than it is already. So we should resile from clauses 2 to 5 of Article 50, cease dealing with the Commission and make a generous offer to the real people of Europe, through the Council of Ministers. Those real people are, after all, our friends, whereas the Commission is not.
We should offer them reciprocal residence for a period to be agreed, our continuing security support from GCHQ and our membership of Five Eyes, and continuing free trade together but under the WTO rather than the Luxembourg court. That offer would be generous because there are some 3.5 million EU citizens living here and only some 1.2 million of our people living there, and because if our offer of continuing free trade is not accepted and we are forced to trade on normal WTO terms, their exporters will pay us some £13.5 billion in new tariffs and our exporters will pay Brussels some £5.5 billion, a profit to us of some £8 billion—those figures were confirmed by Civitas this morning. The WTO would allow us to subsidise any of our exporters hit by the £5.5 billion out of their £8 billion profit. If our offer is accepted, we go on in free trade with our customers in the EU just as we do now: nothing changes and the vastly inflated problem of the Irish border disappears.
Your Lordships will be aware that I have floated the suggestion several times in the last year, but the Government have always replied that they cannot follow it, because “we are a law-abiding nation”—by which they meant that we cannot resile from clauses 2 to 5 of Article 50, because that would be breaking the EU treaty. However, the Luxembourg court has now confirmed that we can indeed resile from Article 50 unilaterally if we want to. That was agreed with me and my advisers. I also received a helpful Written Answer from the Government on 27 November, saying that:
“The UK has unilaterally withdrawn from 52 treaties since 1 January 1988. All of these have been multilateral treaties”.
So why not this one? Of course, if our offer is not accepted by the Council on behalf of its people, we should not pay any money at all to Brussels after 29 March—as indeed we should not under no deal. If it is accepted, we can be generous about that too.
I do not know whether the Government are taking advice from businessmen who know how to do deals and understand the EU, but I fear not. If they did, those businessmen would tell them that the most obvious madness in the Government’s approach to these negotiations has been to allow the Eurocrats to put the question of any leaving payment up front, instead of taking it last. When the Minister replies, will he say whether “nothing is agreed until everything is agreed” still applies in this respect?
I will end by underlining the warning from several noble Lords that, if the referendum result is not respected, thanks to the obvious and bewildering incompetence of our political and bureaucratic class, we may sow the seeds of civil unrest. Already, many of our white working class are simmering with anger at the way those in authority have turned a blind eye to the grooming gang scandal. It would be foolish to provoke them further in this sorry matter. The deal is not a deal at all: it is an abject capitulation. If it is voted down in the Commons tomorrow, I invite the Government to at least consider my proposal. If they have not the vision or political will to do that—and I fear that they may not—then let us embrace no deal and the WTO, and go forth into the world with good cheer.
European Union (Withdrawal) Act 2018
Lord Pearson of Rannoch Excerpts(5 years, 11 months ago)
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Lord Keen of Elie
I gently remind the noble Lord that what he refers to as the people’s vote is actually a second referendum; that the first referendum had on the paper the question of whether or not we remain in the European Union; and that that question has been answered.
Lord Pearson of Rannoch (UKIP)
Now that the Luxembourg court has agreed with what I have been saying for many months—that we can in fact resile from clauses 2 to 5 of Article 50—does that not present us with an opportunity? Can we not now go through the Council of Ministers to offer European citizens continuing mutual residence and free trade under the WTO, all of which is much more to the advantage of the people of Europe than it is to ours? When that is agreed, we can discuss with Brussels how much money we give them, if any.
Brexit: Negotiations
Lord Pearson of Rannoch Excerpts(6 years ago)
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Lord Pearson of Rannoch (UKIP)
My Lords, I know this will not be popular, but I find myself having to say to the Government, “I told you so”. I told them so in my speeches at Second Reading of the EU withdrawal Bill on 30 January this year, and at Third Reading on 16 May. I refer anyone who is interested in this sorry history to those speeches. The Government did not listen and now they, their civil servants and our political media—none of whom have ever done a deal in their lives—have come to resemble a huge flock of headless chickens. Except that headless chickens do not squawk and there is an awful lot of squawking about Brexit these days. Perhaps the analogy should be the Gadarene swine; presumably they squealed and snorted quite a bit on their way to destruction. The only trouble with that analogy is that, this time, the swine are taking the country down with them.
I suppose I should briefly repeat the obvious way forward, which every businessman who knows how to do a deal and who understands the EU can see. We should stop negotiating with the European Commission, whose only interest is to keep its project of European union afloat. We should make an offer directly to the people of Europe, through the Council of Ministers. That offer should include continued mutual residence for a period of time, and continuing free trade on our present terms but under the World Trade Organization instead of the Luxembourg court. That gets rid of the so-called Irish border problem. We should continue to offer them security through the Five Eyes and Cheltenham, and only when all that has been accepted should we agree on how much money we will give them, if any. All of those offers are much more in the interest of the people of Europe than they are of ours, so why should they not be accepted?
In conclusion, I ask the Minister not to repeat the misleading answer he has given me before when I have suggested this way forward: that we cannot resile from paragraphs 2 to 5 of Article 50, which are what force us to deal with the Commission, because we are a law-abiding country. In other words, we would be breaking the law if we did so. However, there have been some 225 unilateral withdrawals from international treaties since 1945, including by the UK, so we can do it if we have the political will and the common sense. I fear that the Minister will not agree with me, so the best that I can hope for is that we might return to this concept if the Commons votes down the present proposal and we all go back to square one. That might be the best that we can hope for now.
Scotland Bill
Lord Pearson of Rannoch Excerpts(8 years, 9 months ago)
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Lord McAvoy
The time to discuss the fiscal framework will be when public announcements are made. With all due respect to the noble Lord, Lord Hamilton, we can discuss it until we are red or blue in the face. We are not discussing anything that is there in front of us. This House must be allowed to get on with facilitating the Bill, facilitating the people of Scotland getting the Bill, guarding—
Lord Pearson of Rannoch (UKIP)
Does the noble Lord accept that he is making the Scottish people sound really stupid, whereas in actual fact they are highly intelligent and perfectly capable of following the argument of the noble Lord, Lord Forsyth? I suspect that they would support him because they may get a proper deal in the end.
Lord McAvoy
The noble Lord, Lord Pearson of Rannoch, is absolutely right. The Scottish people are too intelligent to be fooled. That is why they will never vote for UKIP. I do not like making political points when the future of the country is at stake, but there we are.