(8 years, 6 months ago)
Lords Chamber(9 years, 1 month ago)
Lords ChamberMy Lords, no, of course not. If the noble Lord would care to read my peroration on this subject on 15 September, he will see that I opined that our first past the post system no longer produces a vibrant democracy in this country. The system which sends Members of Parliament to the House of Commons should be changed. Then one might find that the UK Independence Party would get one or two more seats.
As I was saying, Europhiles still try to frighten us that jobs would be lost if we left the EU. However, we would keep our free trade with the single market because we are its largest client. We have some 3 million jobs selling things to clients there, but it has 4.5 million jobs selling things to its clients here. Our Europhile friends then conveniently forget that only about 9% of our economy goes in trade with the single market, declining and in deficit; some 11% goes to the rest of the world, expanding and in surplus; but 80% stays in our domestic economy. Yet Brussels overregulation strangles all 100% of our economy.
Another Europhile silly one is to point out that we would still have to obey single market rules if we left the EU.
My Lords, we are on Report. I have heard the noble Lord, Lord Pearson of Rannoch, repeat these familiar arguments many times in the House, but I am not entirely sure that we are addressing the amendment under discussion.
My Lords, I think I am addressing it. I am going into the fundamental reasons why the amendment is misguided. I will continue, if I may. Only 9% of our economy goes to the single market and this is the percentage of our exports and economy for which we would have to follow EU rules. Of course we would, just as it pays to put the steering wheel on the left if you are selling a car to the United States.
Talking of cars, Europhiles give our car industry as one which would suffer if we left the EU. Once again, I remind noble Lords of Global Britain’s briefing note No. 96, which shows why that is nonsense. We import twice as many cars from the single market as we export to it—1.4 million in and 0.6 million out. EU manufacturers actually own 53% of our domestic car market. Why would they want to impose a tariff against their own profitable business? Indeed, I can go further and recommend that Europhiles particularly, and our civil servants, should take a little time to read the Global Britain briefing notes, which briefly but comprehensively destroy the economic case for staying in the EU.
In conclusion, the amendment makes the basic Europhile mistake of thinking that any area of our national life is funded by the EU, whereas of course for every £1 it sends us at the moment we have sent it £2.63. According to the latest Pink Book figures for 2014, we sent £19.994 billion gross in 2014 and the EU sent us back £7.665 billion for things such as our research budget, structural funds, farmers and so forth, as covered by the amendment. That leaves our net contribution at £12.329 billion per annum. That is £34 million a day, which goes down the drain in Brussels. Or we could look at it as the annual salaries of 352,257 policemen—of whom we could do with a few more right now—or nurses or any other public servant your Lordships may care to mention, at £35,000 a year each.
I would rather welcome the amendment if it were honestly fulfilled because the voters would understand better what a complete disaster is our membership of the European Union and they might even start to ask what is the point of the European Union itself. They might start to see it for what it is. It is an emperor whose clothes have long since fallen off.
(9 years, 1 month ago)
Lords ChamberMy Lords, may I ask the noble Lord, Lord Wallace, whether he has actually read either of the two debates I referred to, from 11 March 2002 and 7 May last year? Is he also aware that the Wilson report of 2005, which was inspired by our analysis, found that the BBC was biased, both in its coverage and in what did not cover? It did not think it was deliberately biased but it was, nevertheless, biased at that time. Has the noble Lord also read the Civitas report on the Prebble whitewash of the BBC’s EU coverage, which was so incestuous as to be dishonest?
Finally, has the noble Lord read—and, if not, will he do so—the News-watch website, which goes into great detail and irrefutable fact on all these matters, and which comes to the conclusion that the BBC has been biased in favour of the project of European integration? I hope he will appreciate that I end my remarks with the hope that some small shoots are growing that give us the possibility that the BBC will be fair during the forthcoming campaign. However, I feel it needs some encouragement, at the very least from the noble Baroness when she responds to these amendments.
I deeply regret that I have not read the noble Lord’s debate from 2002 and I shall, of course, try to dig it out before I go to bed.
(10 years ago)
Lords ChamberMy Lords, since the noble Lord has mentioned me at such length, is it not true that President Putin offered a free trade agreement from Lisbon to Vladivostok in 2010 and that the EU responded with the offers that we all know about? Is it not true that Russia always made clear that it could not tolerate the Crimea going under the sphere of influence of Brussels and, eventually, NATO?
My Lords, the noble Lord obviously watches “RussiaToday” rather more than he watches the BBC. We are quite willing to discuss broader issues with the Russians. There are severe problems about negotiating a free trade agreement with a country in which the rule of law is so extremely weak.
(10 years, 5 months ago)
Lords ChamberThe Maxwellisation process, in which those who are named in various aspects of the report are given a chance to look at those areas where they are named, depends of course on the prior decision being complete about exactly what will be used in the report. The most sensitive areas will be those that involve the minutes of Cabinet meetings and discussions with the United States. That is why you cannot go on to the Maxwellisation process until you have finalised the question of how far you are able to publish. I reassure noble Lords that my understanding is that the inquiry is trying extremely hard to publish as much as possible. This is an unprecedented expansion, lifting the traditional veil of secrecy that has covered Cabinet meetings and other such things in the past.
A number of noble Lords raised other questions. I entirely agree with the noble Lord, Lord Owen, that it was a historic mistake not to have a Suez inquiry. I would say that his remarks on the Cabinet Secretary were ungenerous. The Cabinet Secretary who was originally put in this position was of course the noble Lord, Lord O’Donnell; it was the institution of Cabinet Secretary, not the person, and “the Cabinet Secretary” includes those who assist him in the Cabinet Office. From my limited interactions with them, I have to say that they are a first-class team; it is not simply one individual.
The noble Lord, Lord Pearson, talked about rumours that he has heard in Washington. We have all heard many rumours in Washington. Since I am not privy to what is in the inquiry at present, I cannot comment on them; no doubt that will come out when the report is published.
Does the Minister agree that if the British and American Governments knew, before action started on the ground in Iraq, that the famous weapons of mass destruction had in fact been in bottles—they were that kind of weapon—and that they were already in Syria, that is not a fact that should be kept from the public in consideration of this matter?
My Lords, that is precisely the sort of thing that the inquiry will be looking at. I do not know how far it will go into the question of the evasion of sanctions in the period running up to war. Neither do I know whether the noble Lord, Lord Campbell-Savours, gave evidence to the inquiry; that is something else that might be covered.
The noble Lord, Lord Morgan, raised some large constitutional questions, which of course will be there. When the report is published, we will dive into it and draw what conclusions we can. The parliamentary vote on Syria was itself partly a reflection of the sense in Parliament that the Government were not entirely to be trusted on some of these issues.
(11 years, 1 month ago)
Lords ChamberMy Lords, many of these things are very informal. When I go to Brussels I talk to British officials, as do many of my colleagues. There is a British-Brussels network. The last time I was in Brussels I addressed the alumni of an Oxford college that I used to teach in. There are informal contacts and they keep in touch. However, one does not wish to instruct officials of the Commission, who are there to do a good job and to network between the national and the European.
(11 years, 6 months ago)
Lords ChamberMy Lords, we are a coalition Government. However, I remember that during the previous Government there were occasions when Ministers—and special advisers—actively briefed against one another.
My Lords, as we are the eurozone’s largest trading partner, both for exports and imports, will Germany not do all in her power to ensure that none of our jobs is in danger when we come to leave the failed political construct of the EU itself?
My Lords, the idea that countries in deficit have the overwhelming negotiating advantage over countries in credit would not be supported by most economic historians. I trust that the noble Lord noticed the Daily Mail story yesterday on the European Parliament, which noted that three of the five most ineffective and absent Members of the European Parliament are members of UKIP and that the most conscientious, dedicated and hardworking group is the British Liberal Democrats.
(11 years, 7 months ago)
Lords ChamberOf course, many things require the agreement of nearly 28 member states—Croatia is about to join. There is a great deal that we can achieve without treaty change; the Lisbon treaty has considerable headroom in it. The question of whether we are likely to face treaty change in the next five years is much more to do with what form banking union takes—I am sure that the noble Lord read Mr Schäuble’s article in the Financial Times the other day—and with other areas of management of the eurozone.
My Lords, as a first step towards closing down the whole ill-fated project of European integration, why do Her Majesty’s Government not propose the abolition of the euro, with all its participants returning to their national currencies? Would that not start to ameliorate the suffering of the Greek, Portuguese, Spanish, Italian, Cypriot and—soon—French people? Would it not also give us financial and monetary clarity for the longer-term future?
My Lords, I am fascinated by the way in which the noble Lord approaches some very complicated international issues. I am struck by the extent to which European Union regulation and global regulation go together. While the UK is inside the EU, we are playing a major part in negotiating global regulation, for example on tax and on how the global framework for digital regulation will evolve. If we were to leave the European Union, we would lose our influence over the evolution of global regulation—unless the noble Lord is such a free trader that he believes that we should have no global regulation at all.
(11 years, 9 months ago)
Lords ChamberI have already said that this applies to a large range of other European and global organisations, of which there are a great number. That does not mean, however, that Her Majesty’s Government and their allies in like-minded Governments in the EU are not entirely correct to say that we should be squeezing more efficiency out of the EU institutions and that the Commission has grown rather complacent over the years.
My Lords, what is the average annual cost to the taxpayer of Members of your Lordships’ House and what is the average annual cost to the taxpayer of Members of the European Parliament, including all the latter’s special perks and allowances?
My Lords, it may surprise the noble Lord, but I do not have the exact figures to hand. Of course, any international parliament costs a great deal more because of the travel, dual residence and so on that are involved. Members of this House who also attend the Parliamentary Assembly of the Council of Europe or the NATO Assembly also cost rather more than the rest of us.
(11 years, 9 months ago)
Lords ChamberMy Lords, I am surprised that the noble Lord has not also called in aid Mrs Thatcher’s comment in the mid-1970s on the dangers of sliding from parliamentary democracy to plebiscitary democracy. Our political system depends on the principle of parliamentary sovereignty and that is something that we have to cling to.
My Lords, further to the supplementary question of the noble Baroness, Lady Quin, does the Minister agree that opinion polls consistently show that more than 80% of the British people want a referendum on our membership of the European Union? Perhaps that should be of some significance even to our present political establishment.
I am glad that the noble Lord is such a man of the people in all these respects. I recall that, three months before the 1975 referendum, opinion polls were overwhelmingly in favour of leaving, but that, in the course of the campaign, opinion was informed and thus altered.
(11 years, 9 months ago)
Lords ChamberMy Lords, Her Majesty's Government do operate a diplomatic network in precisely that area. I hope that scrutiny committees through COSAC—the Conference of Parliamentary Committees for Union Affairs of Parliaments of the European Union—also now operate actively in this regard. I am told that it has become a much more effective body since I used to attend COSAC meetings many years ago when I was the chairman of a sub-committee. There is now a set of offices in Brussels of national Parliaments which provides a network where national scrutiny committees can get together. I hope that the Lisbon treaty arrangements will allow that network to become more and more active.
My Lords, remembering that for the past 33 years all British Governments have promised not to allow enactment of proposed EU legislation which is still being scrutinised by our Select Committees here and in the other place, will the Minister confirm Written Answers which reveal that this scrutiny reserve was broken no fewer than 403 times between January 2010 and June 2012? Does that not make 403 pieces of EU legislation that Parliament has not agreed but which have been steamrollered through by the juggernaut anyway?
My Lords, the noble Lord uses his characteristically robust and colourful language. There is always a tension between the time that national Parliaments wish to take for scrutiny and the pressures that national Governments, including our own, may wish to give to taking decisions. There are those in national Parliaments who regard the eight-week limit for taking a scrutiny decision as unfortunate, but I am informed by those who know the Brussels situation better than I do that the earlier national Parliaments submit reasoned opinions in the process of negotiation, the greater effect they have.
Reasoned opinions in the form of reports issued by the European Committee of this House are widely respected throughout the European Union in other national Parliaments and elsewhere. I recall with delight a Member of the European Parliament being appointed to head a committee in the European Parliament. He was asked by his clerk to start by reading three documents, two of which were reports from the House of Lords EU Committee.
(12 years ago)
Lords ChamberWould the noble Lord please not go on asking questions to which he does not want answers because they are too uncomfortable for him? We are happy to be in the United Nations because we could withdraw—
This is a Second Reading debate. Given the lateness of the hour, we should really have one speech after the other rather than general exchanges. Perhaps the noble Lord who is speaking could bear that in mind.
(12 years, 2 months ago)
Lords ChamberMy Lords, I read the stories in the Sunday newspapers the other week. I have no idea how authentic they were.
My Lords, is the answer not that the Government cannot make the case for our membership of the EU because there is now an overwhelming case for us to leave it and thus create a great many jobs by relieving us of its suffocating clutches? Beyond that, is it not time for the EU itself to be wound up, with a similar benefit for the democracies of Europe? What is now the point of any of it? I hope that the noble Lord will not give me the nonsense about peace.
(12 years, 10 months ago)
Lords ChamberMy Lords, at the end of a seven-hour debate in which a very wide range of points have been made and perspectives have been introduced, it is of course impossible to answer everything that has been raised, so I promise that either I or my noble friend Lord Howell will write to noble Lords to answer the points that I am not able to reach. In some ways, it has also been a debate on the just-published EU Committee report, The Euro Area Crisis. It is unusual to have a debate on a report that is close to publication, and I am sure that the noble Lord, Lord Harrison, is pleased about that. The Government are very pleased with the report and we will of course be responding in due course.
The coalition Government have no doubt that the UK is better off in the EU, not better off out of it. We support a prosperous and competitive Europe and a strong single market. These are good for Britain. It is therefore in Britain’s interests that the eurozone sorts out its current serious problems. We want to see a reformed and strengthened European Union, better able to cope with the new international pattern of powers and influence. We want Europe to succeed not just as an economic force but as a political force—that is, as an association of countries with the political will, the shared values and the voice to make a difference in the world. European countries acting together pack a bigger punch in a changing world. To repeat what my noble friend Lord Howell said in opening this debate, Britain is part of the European Union not by default but by choice. It fundamentally reflects our national interest to be part of the single market on our doorstep and we have no intention of walking away.
The benefits of the single market are hard-wired into the UK economy. Half our trade is with Europe—not surprisingly, as this is our nearest and most open market. This trade has been growing faster than our overall trade without diverting British companies with global ambitions from trading more and more with the big emerging markets. There is an absurd view which I see when I look at some of the Eurosceptic blogs that somehow being in the European Union prevents us trading more with China and Brazil. They do not look at the figures which show that German trade with China and Brazil is four times as large as that of Britain and that currently French trade with China is twice that of Britain. These are not contradictions. The UK therefore continues to play an active role and to lead the way in the European Union, and the Government continue to act decisively to defend our national interests within it, as do other Governments within the European Union.
In October, the eurozone countries set out the package of measures that will be needed in the short term if the euro is to resolve its ongoing problems: Europe’s banks need to be recapitalised properly; the uncertainty in Greece needs to be brought to an end; and the firewall must be big enough to deal with the full scale of the crisis. In the longer run, proper fiscal discipline in the eurozone is essential, and the question at the December European Council was on how this process should be taken forward. My right honourable friend the Prime Minister sought sensible and reasonable safeguards to protect the integrity of the single market, and my noble friend Lord Howell has spelt out what those safeguards were. The eurozone countries and others have since reached an intergovernmental agreement outside the European Union.
With the eurozone at the centre of the crisis, the UK is to some extent unavoidably at one side. Some say that we should have been more active, engaged and critical; others, such as the noble Lords, Lord Newby and Lord Kerr, say that we should not intervene too far—that unsolicited advice only irritates those who have to sort out the mess in which they find themselves. The Prime Minister, the Chancellor and the Foreign Secretary have all made it clear that the UK wants the eurozone to survive and prosper. However, we have also made it clear that the single market must not be threatened or sidelined, and there have been a number of noises from some other Governments who have suggested that they would not be unhappy to see aspects of the single market threatened. Europe needs economic recovery and growth, not the stability and no-growth pact of which the noble Lord, Lord Kerr, spoke. We are continuing to pursue that agenda in Brussels through active bilateral conversations as well as with groups of like-minded countries, with which the Government are fully engaged. We are neither isolated, nor ignored. There are many active exchanges in which all of us are fully engaged.
In a rather underreported speech the other day in Berlin, Chancellor Merkel went out of her way to say:
“Britain is essential and also more pro-European than some other countries. We want to have Great Britain in the European Union. We need Britain, by the way. I want to say this emphatically, because Britain has always given us strong orientation in matters of competitiveness and freedom and in the development of the single European market”.
This Government are actively engaged in close relations with Germany. After all, Germany is now the central power—the central economy—in the single market and therefore we all have to ensure that we are fully engaged with it.
Many noble Lords have quoted Keynes and said that they are already Keynesians. Halfway through the debate, I dashed out to find my copy of The Economic Consequences of the Peace, where on page 14 the young John Maynard Keynes argues against the very harsh reparations being imposed on Germany and that Germany was, after all, the natural centre of the European economy. I quote:
“Round Germany as a central support the rest of the European economic system grouped itself”—
it is talking about the 1890s and the 1910s—
“and on the prosperity and enterprise of Germany the prosperity of the rest of the Continent mainly depended. The increasing pace of Germany gave her neighbors an outlet for their products, in exchange for which the enterprise of the German merchant supplied them with their chief requirements”.
We are back to that position and we need to ensure that we erect the complex political mechanisms and exchanges in which we can ensure that we all manage to return to growth together.
There are tremendous problems in the European political system in which we operate about rhetoric and practice. Part of the problem, including in the past two or three months, has been that what people say is very often different from what they mean. The fiscal pact itself is a good example of that. The noble Lord, Lord Kerr, argues that we should have signed after all because it would not make any difference, to which one has to say that, if it will not make any difference, then it is not worth signing.
There are some very large issues in that respect. Institutional construction has been too frequent an alternative to policy change. The rhetoric on political union is still with us. Years ago when I was a graduate student, I remember Karl Deutsche saying that the concept of political union was immensely attractive to politicians because it means so many different things—indeed contradictory things—to many different people. The French and German Governments often believe contradictory things about what they mean by political union. “The European project” and “ever closer union” are phrases that are very loosely defined. We started with the threat of a financial transactions tax which was thought to be, and puffed up in Paris to be, a threat to the City of London. We are now in the process of discovering that what the French will propose is a stamp tax on share transactions at a much lower rate than the British already have for the City of London. What appeared to be an enormous threat turns out to be a very small step forward and attacks on Anglo-Saxon capitalism from Governments whose banks have been very rash in how far they have overextended themselves in lending to Greece and Portugal.
We need to promote, among other things, a greater interchange among economists, or at least a dialogue among economists. When I taught at the London School of Economics, I used to say to my international relations students that, if they went to lectures in the economics department, they would discover that according to the economics taught in the London School of Economics the German economy should have collapsed about 25 years before. I fear, at present, that if one follows the economics taught in German universities, we are pushing the Greek economy into collapse. We need to learn from each other and begin to understand how interdependent our approaches to financial economics and real market economics need to be. We also need to recognise that passing regulations is not the same as implementing them. Part of what we discovered about Greece was the extent to which it had simply ignored the rules of the single market. The noble Lord, Lord Pearson of Rannoch, said absurdly that the euro alone brought down Greece. What we are now discovering about the extent to which the Greek economy was running, with a structure of expensive restrictive practices and very extensive tax evasion, demonstrates that there was always a very large and deep domestically oriented problem there.
My Lords, perhaps I may put the question slightly differently. Would the Greek people be suffering as they are today without the project of European integration and its euro?
My Lords, in the context of a global recession, the Greeks would be facing a very severe run on the drachma and quite possibly also a default. As a number of people have remarked, the Greeks defaulted on a number of occasions over the past 120 years.
People talk also about a common European foreign and defence policy. When I am in Germany, politicians there often tell me they are deeply committed to it—and to a European army. However, they cannot explain the strategy, funding, structure or command structure that it would have. In practice, the United Kingdom contributes a great deal to a European foreign policy and to European co-operation in defence. The UK/France defence relationship continues to move forward very well. We are working with others to cope with the immensely complicated problems of the Syrian crisis. In Libya, we flew missions with our French, Belgian, Danish, Swedish and Italian partners. We have been working in Helmand with Estonian troops embedded in British battalions. When I went some weeks ago to the joint command centre at Northwood, I was briefed by a Latvian naval officer on the anti-piracy patrol. In practice we are very deeply embedded in co-operative defence and foreign policy in Europe.
We will have to work hard to defend liberalism in a recession. I mean liberalism in the broader sense of liberal societies, open markets and international co-operation. The noble Lord, Lord Judd, made a wonderfully liberal and internationalist speech. Nationalism, populism and protectionism thrive when unemployment rises and incomes go down. The noble Lord, Lord Monks, mentioned the problems in Hungary. The Commission is now in active dialogue with the Hungarian Government about the extent to which some of their new laws will fit with EU rules. I was fascinated to hear from my Finnish friends that there is now a sort of Eurosceptic International across the European Union, with Eurosceptics in Britain working with their Danish, Finnish and other colleagues internationally against internationalism, so to speak.
The problem of popular opinion across Europe is very severe. I suggest to the noble Lord, Lord Grenfell, that young people in Europe are often not immensely committed to internationalism. They take what they have for granted and they do not support the distant co-operation of elites through international organisations, which is what the European Union provides. It would be easy for us to give way to similar forces in the United Kingdom, in the belief that leaving the European Union would relieve us of international regulation. The demonisation of Germany is part of the way in which one finds easy answers to very complicated problems.
A number of noble Lords said that the fundamental underlying issue was that of Britain's place in the world. On my blog this morning, I came across references to a speech by Daniel Hannan MEP to the Conservative Political Action Committee in the United States, in which he praised Newt Gingrich and was in turn praised by Fox News. He made all the obvious references to Churchill and the Nazi threat, and suggested that Britain should leave Europe and blindly follow wherever the next American Republican Administration might lead us. Others would like us to become Switzerland with nuclear missiles or Norway without having to pay the very substantial sums that Norway contributes on a “voluntary basis” to the European Union. Our political leadership over the past 25 years, including the previous Labour Government, has failed to make the case for active engagement in Europe.
I was going on Pink Book figures, which include a number of contributions which we make to the European Union that are outside the ambit of the Treasury. The Pink Book figure of €10.3 billion last year is the correct net figure.
We will continue to disagree.
The noble Lord, Lord Kakkar, raised the working time directive and asked a number of other questions. We are working to ensure that it retains a secure economy-wide opt-out. We would welcome more flexibility on the areas of on-call time and compensatory rest. On the General Medical Council and the overinterpretation of language testing, I am confident that that is also an issue on which the British Government are actively engaged. I will write to the noble Lord further about that.
(13 years ago)
Lords ChamberThat is a very good question, and I will of course have to write to the noble Baroness about that. I do not have the accurate, detailed information.
(13 years ago)
Lords ChamberMy Lords, the Lisbon treaty envisaged that national parliaments should play a much more active part in scrutiny and indeed in insisting on the importance of subsidiarity and resisting overcentralisation. This House currently does it better than the other House. We very much hope that the House of Commons will also improve and extend its scrutiny of EU measures.
My Lords, given the requirement for unanimity among 27 nation states before a single comma can be retrieved from the treaties of Rome, is not all talk of repatriation a convenient red herring?
No. There is constant negotiation. The working time directive is currently under review, as the noble Lord will be aware. Sixteen member states, including Britain, currently have opt-outs. Twenty-three member states, not including Britain, are currently under contravention for not implementing the working time directive. There is therefore room for reconsideration.
(13 years, 6 months ago)
Lords ChamberI am not sure that that intervention is entirely on target. I thought the noble Lord was going to berate us about the Murdoch press, and I do not think that the two newspapers to which I referred belong in the Murdoch stable. I am quite happy to collaborate with the noble Lord on that if he will collaborate with me on getting the BBC to fulfil its duty to explain to the British people how the European Union works.
I think I got as far as saying that three amendments were carried against this Bill which together emasculate it entirely and deny the British people any chance of a meaningful referendum on our relationship with the failing project of European integration, which they do not like.
The point I now want to make about those amendments is that they were largely proposed by noble Lords in receipt of a forfeitable EU pension, most of them undeclared, and they were all carried by the votes of noble Lords who did not declare their interest. I can but suggest that the Privileges Committee revisits this subject before the Bill returns from the Commons and does the obvious thing.
As the Bill now leaves us, there is one other regret that I would like to record. It is that the Government did not respond to a question about the background to this Bill which I put to them twice. The Government’s excuse, no doubt in their mind when they designed the Bill, may be that the Bill should not have allowed us to discuss the EU’s real defects: its common agricultural and fisheries policies, its wasteful and fraudulent use of vast sums of taxpayers’ money and its entirely undemocratic and secret law-making process which now controls so much of our lives. The question I put was this: given that even our political class is beginning to see that the euro was and is designed for disaster—
I remind the noble Lord that the Companion states that:
“The third reading of a Bill is normally confined to the formal motion”,
and that interventions should be only in opposition to the Bill itself.
I think that the noble Lord will find that I have cleared this intervention with the usual channels, and I am sorry if he was not part of it.
I think I was saying that even the political class now realises that the euro has become the disaster—
(13 years, 7 months ago)
Lords ChamberMy Lords, the question of whether this clause should stand part of the Bill gives us an opportunity to keep up to date with the Government’s present intentions regarding Article 3 of Protocol 21 of the Lisbon treaty. Perhaps I may remind the Government of their great leader’s statement made in late 2009:
“We will want to prevent EU judges gaining steadily greater control over our criminal justice system by negotiating an arrangement which would protect it. That will mean limiting the European Court of Justice’s jurisdiction over criminal law”.
That is from the Prime Minister before he became so. The other quote I give the Government in probing this matter is from Mr David Lidington, made on 20 January this year:
“The UK has until 31 May 2014 to choose whether to accept the application of the Commission’s infringement powers and jurisdiction of the ECJ over this body of instruments or to opt out of them entirely, in which case they will cease to apply to the UK on 1 December 2014”.
More importantly—this is what I want to check up on—Mr Lidington went on to say that:
“Parliament should have the right to give its view on a decision of such importance. The Government therefore commit to a vote in both Houses of Parliament before they make a formal decision on whether they wish to opt-out”.
As I understand it, the provision in Protocol 21 allows the Government to opt out entirely from the whole justice and home affairs proceedings in Lisbon. It is true that if they accept an amendment to any of those provisions in the mean time, that provision then stands. Further, if in the mean time they opt in to anything, the 2014 deadline might not apply. I hope that your Lordships will feel it is helpful if the Government bring us up to date on how their decision is moving on opting out of the whole of the JHA provision. The last time I raised the matter was in Oral Questions, when I was told from the Front Bench by the noble Lord, Lord McNally, that this was all very difficult and sensitive and that the Government had not made up their mind. Have they made any progress?
My Lords, I shall not repeat the speech of the noble Lord, Lord Kerr, because it would have gone by so fast that what I have to say would not register.
We understand that, broadly speaking, the Government have up till now opted in rather than opted out of the arrangements made under this clause. Is there anything that they identify on the horizon which might lead them in the opposite direction to that which they have taken thus far?
My Lords, I have just spent the weekend in a part of France, the Dordogne, where English seemed to be spoken rather more often than French. I am conscious that the national interest in terms of co-operation in matters of civil and criminal law is a complex area given that there are now nearly 2 million British citizens living in other states of the European Union—in Spain, France, Portugal, Cyprus and elsewhere. I have to say in answer to the noble Lord, Lord Pearson of Rannoch, that we have not yet come to the point where we must take a final decision on opt-in and opt-out. I have say to the noble Lord, Lord Triesman, that Her Majesty's Government have opted in to the majority of measures which have come up since the last election, but perhaps I may quote holy writ, otherwise known as the coalition agreement, which states:
“We will approach forthcoming legislation in the area of criminal justice on a case-by-case basis, with a view to maximising our country’s security, protecting Britain’s civil liberties and preserving the integrity of our criminal justice system”.
That is what we are doing.
Clause 9 deals in particular with the use of three passerelles specific to the area of justice and home affairs. These are in addition to the Government’s recent commitments to enhance current parliamentary scrutiny arrangements on the use of JHA Title V opt-in and Schengen opt-out decisions following the Written Ministerial Statement of my noble friend Lord Howell and that of the Minister for Europe on 20 January this year. As your Lordships' House will be aware, the details are subject to continuing discussions between Parliament and the Government, which is part of our commitment to enhancing parliamentary control over three key EU decisions.
I remind your Lordships that the passerelles are: Article 81(3) of the TFEU, which permits measures concerning family law with cross-border implications to be subject to the ordinary legislative procedure and therefore qualified majority voting; Article 82(2)(d) of the TFEU, which enables the Council to add to the list of criminal law procedures that can be subject to subsequent EU legislation under the ordinary legislative procedure; and Article 83(1) of the TFEU, which allows for additions to the list of criminal offences and sanctions in the areas of serious cross-border crime on which the EU can set minimum standards. These are considered to be sufficiently serious and significant moves for this clause to stand part.
The parliamentary approval process for the three passerelles comprises two stages rather than one. This reflects the operation of our opt-in protocol on the area of freedom, security and justice annexed to the treaties and, more specifically, the arrangements governing our opt-in. It requires two decisions to be taken: first, the initial opt-in to negotiations and, secondly, the adoption of the final negotiated measure. Clause 9 affords Parliament control over both these decisions by requiring a positive vote in both Houses to approve the Government’s proposal to opt in to the negotiation, and then parliamentary approval through primary legislation once the UK has opted into the negotiation and that negotiation is complete.
Having said that, the clause helps to fulfil pledges made in the The Coalition: Our Programme for Government, in that the use of any passerelle clause will be subject to approval through an Act of Parliament and represents an enhanced level of control afforded to Parliament. Having reassured the Committee on that, I hope that it will accept that this clause stand part of the Bill.
My Lords, will the Minister clarify something? I think he said that the Government are opting into some of these things as we go along. Will those opt-ins eventually be subject to parliamentary approval, or maybe when we come to the end of May 2014 there will not be much left to opt into because it has all been done? In that case, what would be the force of a vote in both Houses of Parliament?
My Lords, I am sure that the noble Lord reads all the reports that come from the parliamentary scrutiny committees of both Houses, which I assure him follow these questions very closely and which are reported to both Houses.
My Lords, I am not sure that I heard the noble Lord answer a question put by the noble Lord, Lord Stoddart of Swindon. It may be that the noble Lord would prefer to answer it in a debate on Clause 13 stand part. I am happy to do that, provided that we have a brief debate on it. The question was: would the European Commission, Parliament or whatever be allowed to contribute to any referendum in this country, presumably on the side of the continuing advance of the Brussels juggernaut?
I am happy to answer that now: perhaps it will enable us to avoid having a debate on Clause 13, which is largely technical. The Political Parties, Elections and Referendums Act makes it entirely clear that there are tight controls on the funding of referendums by political parties and other actors, including those outside the European Union. My understanding of the clause is that the European Commission would not be allowed to spend more than £10,000 in the course of a referendum. I hope that that provides the answer that the noble Lord needs. If any further details are required, I will of course write to him. However, I am sure that he is an expert on PPERA and all the details that the Electoral Commission now oversees.
(13 years, 7 months ago)
Lords ChamberMy Lords, I shall resist going down that great sideline. We have a certain amount of time remaining in this Committee stage if we manage to keep to the subject and avoid talking about great trucks, fish, rifles, minarets and Britain standing alone in 1940 before the United States and the Soviet Union came in—and I think those countries had a little to do with the United Kingdom’s victory over Nazism. I want to address myself to the amendment.
The noble Lord, Lord Pearson, suggested that the total cost may amount to £100 billion a year. I thought that was rather modest. Daniel Hannan MEP, who I know the noble Lord knows well, suggested in his blog the other week—I had heard him say it previously—that withholding our contribution to the EU would enable us to cancel every spending cut and still knock a third off council tax. That must be an estimate of around £160 billion a year. The Treasury estimate is that the UK’s net contribution to the EU budget will be £7.7 billion in 2012-13, rising to £8.9 billion in 2014-15, and then falling to £8.2 billion in 2015-16. These are unavoidably estimates, partly because, as noble Lords will be aware, a surplus is routinely entered into the EU budget each year that serves to reduce member states’ contributions the following year. The initial estimate of the British contribution might therefore be rather higher than the net result declared the following year. As the noble Lord, Lord Pearson, demonstrated in the figures that he so dazzlingly threw out, the exact calculation of how much each member state gives is itself a matter of some controversy.
My Lords, perhaps it would be helpful if I intervened. As I mentioned in my earlier remarks, there seems to be quite a difference between the Treasury figures and the Pink Book figures, which include items that are not included by the Treasury. That is why the noble Lord, Lord Sassoon, in response to the noble Lord, Lord Vinson, yesterday gave a figure of £4.7 billion for the current year, whereas the Pink Book puts it at £8.3 billion. I agree that there is considerable confusion in this area. The Office for National Statistics, for instance, has suggested that the figure is £9 billion already. I come back to the same boring old point: we would solve all this if we had a proper cost-benefit analysis. We would know where we were.
I recognise the familiar themes of the noble Lord’s argument. I will say just a little about the EU budget, which remains in many ways unbalanced to the disadvantage of the United Kingdom. It was, in the late 1970s and early 1980s, a very sore issue in the United Kingdom’s relations with the other member states of the EEC. Things have changed a good deal since then. I was encouraged to see that agriculture spending has now fallen to 40 per cent of the EU budget. I was appalled to note that, in terms of net contributors and net beneficiaries, Luxembourg and Belgium are still listed among very substantial net recipients, while the UK has now been joined by Sweden, the Netherlands, Germany—the largest single contributor—France and Italy as a net contributor. We now find ourselves as part of a bloc that is pushing for economy and a restrained approach to EU spending.
We contribute to EU spending for shared purposes. The Foreign Secretary made a speech in which he talked about increased European contributions to democratic transition across the Mediterranean. The most useful dimension of the EU budget in many ways has gone to that investment in security and development in eastern Europe through the structural funds which has helped to consolidate democracy and build a market economy in Poland, the Czech Republic, Slovakia, Bulgaria, Romania and elsewhere. We want to achieve a decade of spending restraint in Europe and we have partners—France, Germany, Sweden and others—that are also committed to that.
The noble Lord is, of course, correct. One trades the purity of complete sovereignty for the lack of influence over shared decisions. I was about to close by saying that this seems to us to be outside the purposes of the Bill. Indeed, much of the discussion has been outside the theme of this amendment. I encourage the noble Lord to withdraw the amendment.
My Lords, I am grateful to all noble Lords who have supported the amendment and to those who have been good enough to speak to it. I said right at the start of my remarks that the amendment was designed to give the British people a referendum on the economic cost of our EU membership. That may not be strictly within the terms of the Bill, as some noble Lords who find that prospect uncomfortable might wish. However, I merely say that I was advised on the amendment by the staff at the Public Bill Office, and they were content with it. If it is not perfect, I apologise, but it has served its purpose.
Both the noble Baroness, Lady Nicholson, and the noble Lord, Lord Risby, for some of whose remarks I was very grateful, suggested that money is not a power. It may not be technically a power within the terms of this Bill, but money is energy and power and is something that the British people mind about very much. The noble Baroness, Lady Nicholson, also chided my noble friend Lord Stoddart about Churchill’s position in these matters. One can cite many sayings of Churchill, but the one that I and other Eurosceptics prefer is:
“We are with Europe, but not of it”.
I think he said that rather more often than he said some of the other more ambivalent things about the European Union.
The noble Lord, Lord Triesman, was good enough to query some of my figures. I think he said that I got one of them 400 per cent wrong. We do not need to go through that now but I will read Hansard and, if necessary, come back to that. An overall cost—however you come at it—to the United Kingdom from our EU membership of around £100 billion is probably not far out.
(13 years, 7 months ago)
Lords ChamberI have a slightly more general question to put about a thread which is running through all our amendments and proceedings. It concerns the Government’s attitude to enhanced co-operation. We have heard much about the general position of Ministers who would find themselves isolated in the Council of Ministers because, although they might support a proposal, they would have to take it to a referendum that they might lose. That is why I ask: how serious is that, really? If nine or more countries wanted to go ahead with a proposal—it used to be eight, but I think it is now nine under the Lisbon treaty—what would be the Government’s attitude to it? How worrying is enhanced co-operation? I imagine that the Government may say that they do not particularly want a two-speed Europe. Of course, some of us would prefer a third speed or gear—a reverse gear. But it would be nice at some point during our proceedings to understand how the Government view enhanced co-operation generally.
My Lords, I shall respond to the spirit of the probing amendment that the noble Lord, Lord Liddle, rightly moved. It is useful to probe on this. I do not think that I can respond to all the points that the noble Lord, Lord Davies of Stamford, raised, because they seem to me to stem from a deep conspiratorial assumption about the implicit plot behind the Bill, and I suspect that reasoned argument cannot reach that deep.
I should point out that Articles 235(1) and 238(2) of the Treaty on the Functioning of the European Union make it clear that abstaining in a decision requiring unanimity is effectively counted as a supportive vote, and so an abstention could be classed as supporting a decision. Those of us who have been involved in any way in Brussels decisions will know that formal voting is not the most common form of decision-making in Brussels. A great many are taken by consensus and the chair taking the sense of the meeting. That is no doubt part of the reason why the previous Government, in their wisdom—I am not saying that they were always wrong, let alone that they pursued conspiracies of their own—put in this phrase “or otherwise support”. That does not mean that a Minister cannot indicate support in principle for a decision if the Minister also gives notice that a vote in favour is subject to approval by Act of Parliament and to the referendum condition being met, if that is required by the decision.
The noble Lord, Lord Pearson of Rannoch, was determined to get enhanced co-operation into the discussion even though we are not discussing that amendment. Enhanced co-operation is under way. The British Government are indeed involved in the process of enhanced co-operation on patent law. We do not believe that Britain will become more marginal because enhanced co-operation takes place among others. After all, if one looks at what is happening with European co-operation in defence, one will see that the United Kingdom and France are, in effect, leading in defining practical co-operation in that regard. The myth behind the Bill—that we will somehow be pushed to the margin, which the noble Lord thinks is a good thing but the noble Lord, Lord Davies, thinks is a wicked thing—is not the case. In an EU of 27, which is about to be an EU of 28, 29 or 30, it is likely that there will be a number of issues on which smaller groups—which will often including the United Kingdom, though sometimes not—will move ahead on their own through enhanced co-operation. In most cases that will not require treaty change. They will merely be moving ahead because it is not possible for all 27, 28, 29 or 30 to agree. Therefore, that will not be caught by the Bill.
I thank the noble Lord for making that so wonderfully clear.
I hope I have managed to persuade your Lordships that there is no sinister intent behind these words. They are not part of a dreadful right-wing Conservative plot, so there is no need to add the qualification that Amendment 32A would require. May I also say, since the Daily Express has been running a range of quite absurd stories—the latest being that government buildings are being forced to fly the EU flag—that we must recognise that we are operating in a world in which, for many years, previous Governments have failed to stand up to some of the complete nonsense that has spread through the British press. Unfortunately, we now find more and more nonsense spreading, and part of what this coalition Government intend to do is to spell out the advantages to Britain of being in the European Union in order to get back at some of the nonsense put out by the Daily Express, which unfortunately, as noble Lords will know, is no longer part of the Press Complaints Commission process and so the commission has very few controls over what it puts out, but that is another matter.
We will take this matter away and look at it again. However, as I say, the words used in the Lisbon treaty amendment Act were there for a good reason, and the words used here are also here for a good reason. On that basis, I hope that the noble Lord will be willing to withdraw his amendment.
Before the Minister sits down, may I be allowed to put in a word on behalf of the Daily Express, about which he has not been wholly polite? Millions of people in this country actually welcome the campaign to leave the European Union which the Daily Express has started—it is the first national newspaper to have done so. Whatever noble and Europhile Lords might feel about the Daily Express, I would at least like to put in a word on behalf of the rest of us.
Before the Minister replies, can I ask the noble Lord, Lord Kerr, whether, with his great knowledge of these matters, anything can be done about the quality of these judges? Is it not true that none of them would pass muster as a judge in even the lowest and least distinguished of British courts? Is there anything we can do about that under the treaty? Who decides it?
I think the noble Lord, Lord Kerr, is not going to answer. I had something in my notes about how the European Union attracts pedants and conspiracy theorists, but I thought I would not use that on this occasion. As the noble Lord, Lord Liddle, said, we all know that we are sometimes a little pedantic on this. I am a Eurobore of some considerable standing, having helped to write several textbooks on the subject and struggled each time to remember how the treaty articles have been renumbered and so on. We could go on for a great deal of time.
We have heard one or two conspiracy theories this afternoon and this evening. Noble Lords may be aware that I received an even better conspiracy theory today from Migration Watch suggesting that the increased migration under the previous Labour Government was a deliberate attempt to increase the ethnic vote, which would split down for Labour. That is an even better conspiracy theory than anything that I have ever heard from the noble Lords, Lord Pearson of Rannoch and Lord Stoddart of Swindon. I encourage the members of the Labour Party to have a go at that when they have appreciated it fully.
My Lords, I fear that we have been following a number of hypothetical will o’ the wisps around here. We have heard, “It’s possible, it might be the case, we can’t think of an example but at some point perhaps the powers might prove not to be adequate. We haven’t used many of the powers and competences yet; nevertheless we might not have enough”. I remind the noble Lord, Lord Liddle—perhaps he even wrote it—of an article in the Telegraph in which David Miliband, our previous Foreign Secretary, said:
“One of the greatest blessings of the Lisbon Treaty is that it brings to an end institutional navel gazing ... the EU [will have] 10 years to prove itself”,
without further treaty change. That is where we are now. The noble Lord is insisting on standing improperly. Although I did not wish to give way, I shall give way to him once.
My Lords, I could speak to this amendment before the noble Lord sits down, but if he is going to reply to the debate, it might be convenient if he hears what I have to say on this amendment. I think that that is in order.
I oppose this amendment, and I am afraid that I have to go further and say that I am not among those who think that the single market has been an undiluted success for this country. I shall be speaking in much greater detail to that fact under Amendment 41, so I will not detain your Lordships long this evening.
I am also aware that there are dying embers in the Conservative Party—shared by the noble Lord, Lord Davies, no doubt from his time on those Benches—which hold that the single market is one of the Conservative Party’s greatest achievements. I can deal with a few facts briefly to show that the single market has been a disaster for this country. You only have to take the report of the Treasury, Global Europe: full employment Europe, signed by Mr Gordon Brown himself, which estimated that EU overregulation, which comes to us entirely thanks to the single market, costs us some 6 per cent of GDP per annum, or £84 billion a year. It handicaps our exporters, and what we are about to see hitting the City of London from the new supervision bodies coming from Brussels under the single market will clearly be disastrous.
Then there is the very simple point that only 9 per cent of our GDP goes in trade with clients in the European Union; 11 per cent goes to the rest of the world and 80 per cent stays here in the domestic economy. Yet, 91 per cent—everything in the domestic economy that is exported overseas—is controlled by the single market.
My Lords, I gave way to what I understood was an intervention from the noble Lord. He previously gave no indication that he wished to speak to this amendment. I had certainly not seen him and I was looking directly at him. I think that he is being discourteous.
I did not stand up because I was waiting for my turn. I moved to speak on several occasions. Obviously I am in the hands of your Lordships, but I understand that we are entitled to speak to these amendments in their order on the Marshalled List, and I have rather different points from those of the noble Lord, Lord Waddington, as I regard the single market’s disadvantages as rather different.
I merely wish to say that I wanted to speak to this amendment from the start. It is not my fault if the noble Lord, Lord Wallace, did not catch my eye before he stood up. I am always a very well behaved boy in your Lordships’ House, and with the extreme charm with which the Chief Whip has put her request, I shall not continue with my remarks now. But they are important because they prove that the single market has been a disaster for this country. I shall come back to that under Amendment 41, if I may. In the mean time, the Minister can feel free to carry on. I did not realise that we were on a close deadline.
We are not necessarily on a very tight deadline, but it is customary to move towards a close. However, I was speaking. I thought that the noble Lord was trying to intervene and gave way to him as an intervention. We clearly misunderstood where we were.
I was saying that, speaking in another place, David Miliband also said in November 2009:
“The Lisbon Treaty provides the Union with a stable and lasting institutional framework. We expect no change in the foreseeable future, so that the Union will be able to fully concentrate on addressing the concrete challenges ahead”.—[Official Report, Commons, 23/11/09; col. 273.]
I agree with those pragmatic, practical sentences. We all recognise that there are differences of view within all parties about European matters. The noble Lord, Lord Davies of Stamford, has moved from one party with a very wide range of views on European integration to another, as he well knows. I shall not respond further to his slightly hobnail-booted references to relations within the current coalition.
I return to where we were on the amendment, as on some of the others that follow. Here we have a Government who are playing a positive and practical part within the EU within its existing, but considerably expanded, competences. I have looked at Articles 102 to 106 and Articles 114 and 116. I totally failed to find the relevance of Article 308, which, in my copy of the treaty, is about the European Investment Bank, but perhaps when we get to debate on Article 41, the noble Lord, Lord Pearson of Rannoch, will tell us what that is all about.
I was referring to Article 308 as it was under the Nice treaty. Before that it was Article 257 in the original treaty of Rome.
I will not pursue that further.
The question is: does the Bill tie the hands of the British Government against British national interests? That is the fear which the noble Lord appears to have; I have to say that it is an irrational fear. There is a great deal that the British Government can do to pursue our national interests within the European Union within its present competences, and we are doing so.
The noble Baroness, Lady Symons, gave us an early version of her speech on the question of enhanced co-operation before dinner. As it happens, the United Kingdom Government are leading in early enhanced co-operation. The Franco-British treaty puts us very much in the lead on European defence co-operation. It is not what some other members of the European Union would have liked to put in the treaty, which was a commitment to have a European army, but of course they did not know what they meant by having a European army: it is much more practical co-operation on military affairs. That is the way forward, it seems to us.
On the following amendments from the noble Lord, I see nothing in the Bill which cramps the British Government in pursuing practical and effective British interests within the European Union in strengthening the single market. We now know that the single market has not been fully implemented. Some of what was happening in Greece was appalling; I have just been to southern Italy and it was quite easy to see parts of the single market which are not enforced there, but the powers are there. The single market needs to be more effectively enforced. There are clauses in the Lisbon treaty which talk about expanding the single market into services. There are some very tough clauses on state aids and competition law. We have those powers, and we do not need to spend more time chasing constitutional change before we begin effectively to make the European Union work better.
To ask Her Majesty’s Government what representations they will make to the Government of Botswana about their complying with the 1966 constitution, the United Nations Declaration on the Rights of Indigenous Peoples, and recent court judgments in their dealings with Bushmen of the Central Kalahari Game Reserve.
My Lords, the UK follows closely the situation of the San communities in the Central Kalahari Game Reserve. We will continue to encourage dialogue between the San communities and the Government of Botswana, and we raise the issue at appropriate levels. We welcome the Government of Botswana’s announcement that they will respect and facilitate the implementation of the recent decision of the court of appeal granting San community members the right to access and sink boreholes within the reserve.
My Lords, that is, of course, good news. However, as the Government of Botswana have overridden court judgments in the past, do Her Majesty’s Government accept that we have perhaps a special responsibility in this matter, because we did, after all, give Botswana its constitution in 1966, and it has been consistently abused? Will the Government, as the noble Lord has indicated, pay particular attention to making sure that the Bushmen have free access to their reserve, to their water supply and, indeed, to new boreholes?
My Lords, I am not sure that the Government accept that the constitution has been consistently abused, but I welcome the noble Lord’s support for this ethnic minority and its culture, for his vigorous support for the international human rights regime and his insistence that human rights obligations limit state sovereignty. I also congratulate him on his support for the rule of law as a limiting factor on majoritarian democracy, and I am sure that he will hold true to all these principles in his approach to the EU Bill next week. I particularly welcome his reference to the ruling of the Botswana appeal court, which the Botswana Government have clearly accepted. As he will know, the court is, unusually, composed of foreign judges. The judgment is signed by two South African judges and one each from Ghana, Lesotho and Zimbabwe, the last of whom is called McNally. I am glad that the noble Lord recognises that foreign judges can reinforce domestic standards of human rights.
My Lords, I read with great interest the very useful report on Botswana which the UN special rapporteur presented last year. The noble Baroness will know, and I now understand, how immensely difficult it is to maintain traditional cultures in the face of all the pressures of economic development. In a number of other countries there is a clear role for these minorities in protecting the rainforest. In Botswana, some of the issues are a little more difficult.
My Lords, are the Government aware that a number of Bushmen have actually been educated according to our western culture and still wish to return to their way of life? Secondly, does the Minister agree that a diamond mine occupies a very small area in the vast expanse of the Central Kalahari Game Reserve and there really should be plenty of room for both?
I thank the noble Lord for reinforcing my previous point. As he will be aware, however, there is no surface water in the game reserve; the Bushmen traditionally obtained their water from fruit. Once one talks about providing boreholes around the reserve, one is already beginning to change the traditional way of life. That is one of the tensions we are stuck with as we deal with these problems.
My Lords, one simply has to ask whether it helps when police are attempting to control a very large demonstration to ask for police snatch squads to try to go in to the middle of a demonstration to seize particular demonstrators, which is in effect what the noble Lord is asking for. We have to leave this to the judgment of the police on the day. I am assured that a number of those who were wearing masks and, for example, in the 24 November demonstration, vandalising a police van in the middle of Whitehall were identified afterwards and some of them have been arrested.
Do the powers extend to the removal of a burka that might have been donned during a demonstration?
My Lords, I have already quoted Section 60AA of the 1994 Act, which says,
“for the purpose of concealing … identity”.
I have also said that there are plenty of other reasons, not simply including religious identity, for which people may indeed wear masks. If it gets colder in the next few days, we can expect to see many more white Christian Englishmen, perhaps even including the noble Lord—I am not sure whether he is a Christian or not, but that is up to him—wearing masks that keep their faces warm.