Brexit: Withdrawal Agreement and Political Declaration

Lord Strathclyde Excerpts

Thursday 10th January 2019 Lords Chamber

[Lord Callanan]

That this House, for the purposes of section 13(1)(c) of the European Union (Withdrawal) Act 2018, takes note of the negotiated withdrawal agreement laid before the House on Monday 26 November 2018 with the title Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and the framework for the future relationship laid before the House on Monday 26 November 2018 with the title Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom.

Relevant document: 24th Report from the European Union Committee

[Lord Strathclyde (Con)]

My Lords—

[Noble Lords]

Hear, hear.

[Lord Strathclyde]

I thank the House for its warm welcome, though I am not sure it is entirely deserved. I am delighted to reopen the adjourned debate. In my estimation, it is increasingly difficult to understand and keep track of exactly what is going on in this debate. It is even more difficult to try to explain it to the general public outside this House, particularly after yesterday’s shenanigans in another place. Let no one say that Speakers with powers improve behaviour. This House is a shining example of good behaviour, apart from the occasional expostulation from my good friend Lord Cumnock of Foulkes.

[Lord Foulkes of Cumnock (Lab Co-op)]

The wonderful thing about the Speaker in the other place is that he stood up for Parliament against the Executive.

[Lord Strathclyde]

My Lords, it only required the tiniest fly over the head of the noble Lord for him to rise.

If you told me 12 months ago that we would still be debating whether or not we should have a deal after we leave the United Kingdom—

[Noble Lords]

Oh!

[Lord Strathclyde]

—after we leave the European Union, I would have been appalled. May the United Kingdom continue to prosper. Yet here we are. It is Groundhog Day. As for the debates we had yesterday and in December, I cannot help observing that, fascinating and excellent though the individual speeches may have been, we are often good at pointing out the problems but, with very few exceptions, we do not usually come up with many practical solutions that might help the Prime Minister in her discussions and negotiations.

Whatever views you have on Brexit, this stage of Brexit was always going to end in a compromise, especially during the course of transition. Yet what is so extraordinary is the sight of countries with some of the world’s most powerful economies and greatest histories unable to agree on how to trade in a fair, practical and sensible manner. What an appalling example to the rest of the world, which so often looks to the countries of Europe—including us—for wisdom, guidance and fair play. Trust has seemingly broken down between the Commission and the United Kingdom. There is more and more miscommunication and misunderstanding between the two.

Yet if we want a deal before we leave at the end of March, this one before us is the essence of what we are most likely to get. It is too late for anything else. I agree with many of the deal’s critics that it is far from perfect, but it is the one the European Union has agreed. However, unless something extraordinary happens over the weekend, there seems to be a consensus in both Houses and among political commentators that the House of Commons will not pass the deal next week—at which stage, no doubt, there will be discussion of the alternatives. Please, not another referendum. Can you imagine the debates we would have in this House on the questions, the franchise, the dates, the length of the campaign and its funding? Please, not that. There has to be another solution if we are not to leave on WTO rules at the end of March. That requires the Prime Minister to return to Brussels and the Commission to hear her out in a positive manner.

For me, the key lies with the backstop—an issue that most European Governments will not understand, on a border they have never seen and whose history or background they almost certainly do not truly understand. I understand why my noble friends in the unionist parties find the backstop so objectionable. Without their support, this deal does not get through the House of Commons. We can trade all sorts of different views on the backstop. The Attorney-General has opined why no one should fear the backstop, and this has been supported by my noble and learned friend Lord Mackay of Clashfern. Usually, when he says something is so, it is so. But the politics of this is different, and we need to go the extra mile. The Government yesterday published further thoughts and clarifications and indicated support for the helpful amendment brought by Mr Hugo Swire. But this issue stands in the way of a deal. If I were the Taoiseach of Ireland, I would fear no deal more than anything else. It is a paradox that the obstacle to there being a deal is a thing they invented to try to make sure there would be no border.

This is the political challenge facing the Commission, the Irish Government and the UK Government in reaching an agreement. I believe this period does not need to end in shambles. We need to rebuild trust with the Commission. After all, we will still be neighbours, traders and markets; we shall still share fundamental values as well as vital security infrastructure. We disagree on political direction. Failure to amend the deal will be a failure for Her Majesty’s Government but also for the EU and the countries it represents. I hope, therefore, that minds will be concentrated next week.

With a very small step forward by the EU to agree a better arrangement for Northern Ireland, and by bringing unionists on board in another place, we can remove so much uncertainty at a stroke and begin the work for a positive and prosperity-driven relationship between the UK and our friends in Europe.