(5 years, 7 months ago)
Lords ChamberMy Lords, the noble Lord, Lord Pearson, has been getting up since the beginning. We ought to hear from him and then from the noble Lord and, indeed, from Wales.
That is generous of the noble Lord. If and when this latest version of the Government’s deal fails, why do they not offer EU citizens a very simple alternative deal: continuing free trade under the World Trade Organization, which would get rid of the Irish border problem; continuing reciprocal residence for, say, two years; and going on with programmes such as Erasmus but as a sovereign nation? Why do the Government feel bound to prolong their hopeless negotiations with the Commission under clause 2 of Article 50 when Brussels has broken clause 1 by not allowing us to regain our sovereignty and has no intention of doing so? Why do we not team up with the people of Europe, to our mutual benefit and friendship?
(5 years, 9 months ago)
Lords ChamberMy Lords, would the noble and learned Lord care to comment on a Written Answer I recently received from the Government to the effect that—
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.
(7 years ago)
Lords ChamberMy Lords, I am sorry, but I did give the noble Lord, Lord Pearson, the next go and the Lib Dems after that. We will then hear from the Conservative Benches.
My Lords, the Statement says that the Government will propose that our free trade with the EU should continue as now. Do the Government fear that the Eurocrats will be arrogant enough to refuse this offer which, as I have mentioned before, would be much more in EU exporters’ collective interest than it would be in ours because, if we are all forced back to the WTO, they will pay us some £13 billion in extra tariffs and our exporters will pay them about £5 billion? Can the Government assure your Lordships that they will hold firm on this offer, enlisting, if necessary, the support of EU exporters? Going further, why should our free trade together not continue indefinitely? Would that not also be quite helpful with the Irish border problem?
(7 years, 9 months ago)
Lords ChamberMy Lords, I regret that I did not speak at Second Reading or in Committee, owing to previous engagements. I want to speak briefly on this amendment, as it reveals what noble remainers really want: they want a second referendum on the result of the Article 50 negotiations in the hope that the people will change their mind.
I hope to spend a minute or two trying to persuade supporters of the amendment why are they are wrong to do so, and to do that one has to look at the bigger picture. What I cannot understand, and what beats me—
I am sorry. The noble Lord could have made a Second Reading speech at Second Reading. I would be grateful if he addressed the substance of the amendment.
My Lords, if the noble Lord wants me to deal with that, I thought I had advice that, as it was a two-day debate and I was not able to be here for the opening speeches on the first day, I could speak on the second. I make no complaint. Owing to a prior engagement, I could not get to the opening speeches and that is why I did not speak. That is really not important or relevant to this debate.
As I was saying, what beats me is why so many noble Lords still fervently believe that the European Union, which is the project of European integration, and its single market, are somehow good things—that is why they support this amendment—when clearly they are not. They have become bad things. As I have said many times in the House over the past 26 years, the project of European integration was honourable when it started: it was to get rid of war in Europe and all the rest of it. As Jean Monnet said in 1956—
The noble Lord is very courteous. He listens to what I say but chooses to ignore it. I would be grateful if he addressed the subject of the amendment and then let other noble Lords have a say.
My Lords, I am quite happy to sit down, but I am trying to persuade supporters of this amendment that they are wrong, because the whole project has gone wrong. Is that not something that noble Lords wish to hear?
(7 years, 10 months ago)
Lords ChamberMy Lords, we have a well-prepared speakers list giving everybody an opportunity to speak in turn. It is right and proper that we proceed with the order of business as it is before us.
(9 years, 1 month ago)
Lords ChamberThe House was listening to the noble Lord, Lord Butler.
(10 years, 5 months ago)
Lords ChamberMy Lords, the noble Lord, Lord Armstrong, speaks from a great deal of experience in this area. I welcome his support. I agree that this is a matter which will have to be addressed very quickly by an incoming Government. This is a live issue, as is properly demonstrated by the debate we are having now.
My Lords, would we be in this predicament if we were not members of the European Union and therefore subservient to the judgments of the Luxembourg court? Surely these matters should be for our Government and Parliament and for international collaboration under their control.
No, my Lords, I do not see the sequitur in that at all. It is right and proper that we should make sure that the legal framework under which we operate is established in Parliament. That is what we are doing. The way in which we adapt to changed circumstances is a healthy arrangement. Regardless of the European Court of Justice’s decision, we would need to address some of the issues that this Bill deals with. We are right to be dealing with it as soon as we possibly can.
(10 years, 6 months ago)
Lords ChamberI think that I have made our policy clear—namely, to encourage genuine students to this country. I do not see any fundamental difficulty with that, and I am not in favour of moving the goalposts on this issue. The Government have their objective of reducing net migration. The noble Lord suggests that that might be in conflict with a policy which encourages genuine students to come here. I do not believe that the two are incompatible. I think that it is possible to achieve both and it is certainly the Government’s aim and ambition to do that. However, to do that, we need the co-operation of the university and college sector. No gathering of individuals contains more people associated with universities and colleges than perhaps this House. I appeal to everyone who is involved in university courts, is a vice-chancellor or is involved in any way whatever to emphasise the Government’s determination to maintain the importance of the sector but also to emphasise to those involved in university administration the importance of applying their mind to the consequences of illegal immigration to this country and of playing their part in seeking to eliminate it.
My Lords, is the noble Lord aware that my experience of validating the polytechnic sector for 10 years led me to complain that there was no system of quality control in higher education, as opposed to quality assurance, which is really just academics cosily scratching each others’ backs? Does not this story call into question the usefulness of our Quality Assurance Agency? How could all this go on right under its nose? Is it not time that we set up a system of higher education quality control, which would have many wider benefits as well?
The noble Lord will understand that a university’s funding is dependent upon it satisfying the funding agency, HEFCE, on the quality of education being provided. I have great faith in the Quality Assurance Agency. As a result of today’s announcements, we will use it to check out further those colleges which are still the subject of our concerns and anxieties following the inquiries. Therefore, I do not share the noble Lord’s views on this issue.
(10 years, 7 months ago)
Lords ChamberMy Lords, I am delighted to reply to this debate. I enjoy always talking about this issue as we hear good speeches from all sides of the House and there is plenty to debate, of course.
Before addressing the particular points made in the debate, I join my noble friend Lord Faulks in expressing my gratitude for the work done by this House and by those responsible in the European committees in scrutinising this area of our activity. These are important matters that we are debating today. I thank all noble Lords for their contributions to what has been an engaging and constructive discussion.
The Government are fully committed to engaging with Parliament on European Union issues and I greatly appreciate the opportunity to do so. The debate has focused on two separate but equally important matters: the fourth annual opt-in report on post-Lisbon police and criminal justice measures and the UK’s 2014 opt-out of all pre-Lisbon police and criminal justice measures. Both matters raise important questions about the protection of human rights and the ability of our law enforcement agencies to work with their EU counterparts to keep British citizens safe.
If I may, I will address, first, the matter of the UK’s opt-in to post-Lisbon police and criminal justice measures. I hope that it will help my noble friend Lord Bowness in his confusion if I say that we in Parliament have endorsed the coalition’s approach to this issue. As my noble friend Lord Faulks set out earlier, the Government have been clear that they will take opt-in decisions on a case-by-case basis. We consider factors such as the impact of the measures on our security, civil liberties, the integrity of our criminal justice and common law systems and on the control of immigration. At the heart of it all is a commitment to focus on the national interest. My noble friends Lord Teverson and Lord Dykes asked me whether I could define it. It is like one of those things that you meet upon the road. The best essay I can present is that I hope I will recognise it when I see it. As such, we will opt in only when we believe it is in the UK’s interest to do so.
The noble Lord, Lord Pearson of Rannoch, has a different view. I believe that his absolute approach is not in the national interest. But the fact that he is wrong—or I believe him to be wrong—does not mean that we do not enjoy his contributions to our debates. The question that he raised on the referendum issue actually occurred in a previous debate and I gave a clear answer then:
“The European Union Act sets clear criteria for when a referendum would be necessary. These are set out in Section 6 of the Act. This decision is not one of the areas where a referendum is required. Changes to the Treaty on European Union, the TEU, or the Treaty on the Functioning of the European Union, the TFEU, or a decision made under Article 48(6) of the TEU potentially attract a referendum under the European Union Act 2011. The 2014 decision is not a treaty change, nor a decision under Article 48(6) of the TEU. Instead, it is something that flows from the existing treaty and, as such, it is not subject to a referendum. I hope that that categorical assurance reassures the House”.—[Official Report, 23/7/13; col. 1281.]
It clearly does not reassure the noble Lord.
The noble Lord is wriggling. The noble Lord is practising almost dishonest sophistry.
Almost. We have been promised a referendum again and again in the examples that I gave—first of all by his leader, Mr Cameron, before he became Prime Minister, in the Queen’s Speech in July 2010 and then in the Referendum Act 2011. Everyone understands that to mean that if there is a transfer of sovereignty to the European Union, we would get a referendum. It is not good enough to go into the intricacies. None of those statements said, “This requires treaty change”, or anything of that kind. It is quite simple. Everyone understands that if we give powers back to Brussels, we get a referendum.
While the Minister is at it, will he answer one of my other questions? If there were to be a referendum on these opt-ins, particularly on the European arrest warrant, which way does he think people would vote?
I always have difficulty in trying to persuade the noble Lord on this issue because he clearly has a very different opinion. I would just say that the opt-out position was exactly that. We were already involved. The treaty decisions had been taken in that respect. I am perfectly accurate in the answer that I gave him. If the noble Lord wants a referendum he should vote for the Conservative Party at the next election because we have offered a referendum in the case of a successful outcome for the Conservative Party at that time.
The noble Lord also asked about the European public prosecutor and used that as a sign of the future direction of the EU. I must say to the noble Lord that the UK negotiated an opt-in to ensure that where a proposal is not in the UK’s national interest, we do not take part. The ability of Parliaments to issue reasoned opinions on subsidiarity issues related to Commission proposals is a further check on the Commission’s bringing forward proposals outside the intent of those treaties. I hope that the noble Lord will consider what I have said and see exactly how the Government are approaching this issue.
I thank the noble Lord, Lord Hannay, for providing us with a draft of what he was going to say because that enabled us to focus on those particular interests. I will attempt to respond to them. He asked, first, whether the Government will opt in to the Europol regulation post adoption. The Government did not opt in to the Europol regulation initially due to concerns about the obligation to provide data, even where it may conflict with national security. I think I have made that clear before. As the regulation makes subject to the jurisdiction of the European Court of Justice member states’ reasons for not undertaking an investigation requested by Europol, this creates a risk that the Court could dictate national law enforcement priorities. The Government have committed to opting in post adoption if these concerns are mitigated. That is our intention, and I explained it when we debated this issue previously.
Secondly, the noble Lord asked whether it is the Government’s intention to opt in to the proceeds of crime directive post adoption. We did not opt in to this measure as we had concerns that the directive would interfere with the workings of the Proceeds of Crime Act 2002, thus reducing our ability at home to tackle serious and organised crime. As noble Lords will know, under the Proceeds of Crime Act it is possible to seize assets illegally obtained where no conviction has been secured. That is not possible under the directive, and we feel that that is a deficiency in its case. This Government would want the UK and other international partners to utilise the most effective legal powers to disrupt individuals who seek to hide the proceeds of crime across borders both in the EU and beyond. We will be considering whether to opt in to the measure now that it has been adopted, including considering the opinion of the EU Committee in this regard.
In relation to readmission agreements, participation in these agreements is considered on a case-by-case basis according to the priority attached to the country concerned in the area of immigration returns and the existing bilateral relationship with that country. Should the UK choose not to participate in an agreement and circumstances change, the UK can seek to participate in it post adoption. With respect to Turkey, the UK opted in to the conclusion of the readmission agreement between the EU and Turkey in June 2012. I understand that Turkey is currently passing the agreement through its Parliament and we expect the Turkish authorities formally to adopt it this year.
The noble Lord also raised concerns in relation to the Kosovo association agreement and the European police college proposal. The unfortunate instance of missing the opt-in deadline occurred in the case of the Kosovo framework agreement on Union programmes, not the stabilisation and association agreement with Kosovo. The regrettable combination of circumstances that lead to this oversight has been addressed, but lessons have been learnt for subsequent framework agreements of a similar nature and the opt-in has and will be asserted in those cases.
In relation to the CEPOL proposal, the Government informed the presidency of our opt-in decision on the deadline itself, which was 13 March. Paragraph 10 of the Code of Practice on Scrutiny of opt-in and Schengen opt-out Decisions commits the Government to notifying the parliamentary scrutiny committees of an opt-in decision as soon as we have informed the presidency, but not to doing so earlier. Although I believe that we have therefore complied with our notification commitments, I wish to emphasise that we would usually seek to provide the committees with an indication of our opt-in position and regret that the internal processes did not allow that to happen on this occasion. I should like also to reiterate at this stage the Government’s commitment to ensuring that the EU Committee in this place has the appropriate time to provide an opinion on the UK’s opt-in decisions. The noble Lord, Lord Judd, is right. I recognise that the Government do not always meet this commitment and I think noble Lords will know that it is my intention for us to achieve a better performance in this area. As my noble friend Lord Boswell observed, it is not always easy to spot justice and home affairs content, particularly when the general focus of a measure is not JHA-related. However, we are raising awareness across government at official level. There have been senior-level discussions, new guidance is being circulated and we will be rolling out more bespoke training in the next few months. We hope that this will improve areas where this circumstance has arisen in the past.
I now return to the matter of the UK’s opt-out of pre-Lisbon police and criminal justice measures. First, I join my noble friend Lord Faulks in thanking the noble Lords, Lord Boswell and Lord Hannay, and the noble Baroness, Lady Corston, for their chairmanship of the EU Select Committee and the two sub-committees they represent here today. The committee’s two reports represent an extremely thorough analysis of complex issues and the Government are greatly appreciative of its efforts. I thank all committee members for their work in that respect.
Scrutiny can be an iterative and long-running process. The Government have already taken a number of steps to ensure that Parliament’s views on this matter are heard and understood. However, before I turn to the points on the 2014 measures raised during the debate, I would like to reiterate the Government’s commitment to continuing parliamentary scrutiny of this matter. As my noble friend Lady Hamwee said, we will hold another vote later in the year on the final package of measures that we will apply to rejoin. We will publish impact assessments on each of these measures in good time for that vote. For noble Lords who have expressed concerns about the quality of the impact assessments and Explanatory Memoranda, they are objective judgments and are drawn up in line with government guidelines on those matters. I am very happy to commit myself to replying to that debate when it happens later in the year.
I will respond to some of the points that the noble Lord, Lord Hannay, made in his excellent speech. He set out a number of important points that have helped guide this debate and I am happy to respond to each one. The noble Lord asked about timings on this matter. We are aiming to reach an in-principle deal with the Commission and other member states as soon as possible. Other states support this aim; they are with us on this strategy and are keen to resolve the issue in a timely and orderly fashion.
The noble Lord, Lord Boswell, and the noble Baroness, Lady Corston, both asked about my assessment of progress. My noble friend Lord Faulks and I will update the House and its committees when we can. I am by nature an optimist—as I think most noble Lords will know—and the House might therefore expect me to say that we are satisfied with the general progress of the negotiations. I am happy to reiterate the Government’s commitment to hold a second vote before seeking to rejoin measures. We certainly hope to hold the vote ahead of the House rising for the Summer Recess, but we are not in a position to confirm that. However, I can confirm that we will hold the vote well ahead of 1 December.
The noble Lord, Lord Hannay, asked about the timescales for providing impact assessments on the measures that we are seeking to rejoin and those that we are not. I think we know that there is a difference of view in this area because the Government remain committed to providing an impact assessment on the final package of measures that we are seeking to rejoin, and this will be provided in good time ahead of the second vote.
I thank the noble Lord, Lord Hannay, for his patience in waiting for this matter to be answered, but the Government do not intend to provide impact assessments on the measures they are not seeking to rejoin. This is because the starting point for any analysis is that the opt-out has been exercised, and not seeking to rejoin a measure will not have a direct impact on the UK. I expect that the noble Lord, Lord Pearson, will actually agree with me on that point. Noble Lords will be aware that the original decision was accompanied by a White Paper covering all the issues that were raised by the opt-out.
(10 years, 9 months ago)
Lords ChamberYes, but, as I have pointed out, justice requires that those whom we wish to see put on trial in this country for this crime are brought to justice, and that requires the Russians to honour their agreement to extradite according to our request. I could not agree more with the noble Lord that our relationship with Russia has deteriorated as a result of the recent attempted annexation of Crimea. We are clearly not happy with that situation either, so it is yet another breakdown in our relationship with Russia.
My Lords, instead of passing sanctions of doubtful usefulness on various Russian citizens, would it now not be better to honour the promise given personally by the Foreign Secretary to Mrs Litvinenko, and to honour the Written Answer to me of 8 July last from the Minister, and respect the basic principles of British justice with a fully open inquest or inquiry? I have not understood whether the Government are committed to that or not.
My Lords, I think that I have made the position quite clear. The Home Secretary is considering, in the light of circumstances, whether an inquiry is the proper course of action. Meanwhile, as noble Lords will know, the G7—not the G8—is meeting in The Hague today to consider developments as a result of Russian aggression in the Black Sea area.
(12 years, 8 months ago)
Lords ChamberThe noble Lord made a valuable contribution to last night’s debate. The point I was making concerned the construction of new reservoir capacity, rather than taking water from existing reservoirs, and I think I should make that clear. I am not fully briefed on how the Barnett formula might apply in respect of the Bill which this House passed last night and any arrangements that might be made with Wales, so I cannot help the noble Lord on that point. However, I shall write to him if he will allow me to do so.
My Lords, is not one of the more obvious benefits of our EU membership the fact that we have been forced to spend at least £65,000 million, or £65 billion, on three EU water purification directives when there was nothing wrong with our water before? No one was getting tummy ache. Would not that sum now be useful for infrastructure and supply?
No, I cannot accept the noble Lord’s premise. The Government owe it to all consumers to make sure that the water is of the highest standards and there can be no derogation from that obligation. The noble Lord is quite right that infrastructure costs money, but the water companies can be incentivised to provide just that.
(12 years, 11 months ago)
Lords ChamberI have to say I share my noble friend’s frustration if not his anger. The Government have investigated the possibility of taking unilateral action and bringing in a UK ban on imports of eggs and egg products produced in conventional cages in other member states, but I have to inform my noble friend that, given that there are significant legal and financial implications in enforcing such a ban, coupled with practical difficulties in enforcing it, this is not a realistic option.
My Lords, are we not entirely capable of deciding our own standards about this sort of thing? Does this Question therefore not remind us of the hopeless fraud of subsidiarity, which indeed it has been since inception? Are the Government aware that under the EU treaties, although individuals and companies can be made to pay Brussels fines by the courts in the countries in which they live or operate, there is no way that a country can be made to pay a fine? Why do we not just emulate the French and ignore this and all similar mischief?
I can assure the noble Lord that the Commission is equally disappointed by the response of some member states on the egg-laying issue, which is why I am perhaps more confident that there will be a grip on the sow stall issue. It has already sent pre-infraction letters to non-compliant countries.
(13 years, 1 month ago)
Lords ChamberI am very grateful to my noble and learned friend for taking me back to my childhood in politics—names like Aubrey Jones and Fred Catherwood and prices and incomes policies all come back to me. Indeed, my noble and learned friend is right to remind us that there is nothing like a competitive market with a strong retail sector to make sure that prices are kept as competitive and as low as possible.
My Lords, can the noble Lord confirm the previous Government’s estimate that the EU’s agricultural policy costs each family of four in the United Kingdom about £1,000 per annum in higher food costs and tax? Would he also agree that since these higher food costs fall largely on milk, bread and sugar, they hit our poorest hardest? Finally, would he confirm that there is nothing we can do about this while we remain in the European Union?
I should inform the noble Lord that in actual fact the world price of sugar is currently higher than the internal European price of sugar. Indeed, the common agricultural policy, despite all the misgivings, at least provides some degree of stability in the huge volatility that there has been in global commodity prices. I cannot share the noble Lord’s view.
My Lords, can the Minister tell us how many families there are in this country whose English is not sufficiently good to understand the census form?
We cannot be sure, which is part of the reason why the census exists. It will inform that debate.