European Union (Withdrawal) Bill

Lord Wallace of Saltaire Excerpts

Report: 2nd sitting (Hansard): House of Lords
Monday 23rd April 2018 Lords Chamber

Moved by

[Lord Wallace of Saltaire]

29: After Clause 6, insert the following new Clause—
“Co-ordination of foreign and security policy
The Secretary of State must ensure that before exit day all necessary action has been taken to continue co-ordination of foreign and security policy with the EU, including association with the EU’s military staff and the European Defence Agency, and to integrate all relevant EU law and regulations into UK legislation.”

[Lord Wallace of Saltaire (LD)]

My Lords, in moving this amendment I stress that the EU’s useful and largely intergovernmental structures for the co-ordination of foreign policy, international security and defence have not been imposed on the UK by a hostile, imperially minded Brussels—what Dominic Lawson describes in today’s Daily Mail as “the vengeful EU”, the threatening continent from which we must escape. British Governments, British Prime Ministers and British Foreign and Defence Secretaries have played a central part in developing the framework, from James Callaghan and the noble Lord, Lord Carrington, to Geoffrey Howe and, yes, Margaret Thatcher. When our current Prime Minister repeats, as she often has, that, “We are leaving the European Union, but we are not leaving Europe”—a phrase I am sure we all understand in detail—we have to assume that she intends somehow to maintain close co-operation with those structures after Brexit.

In her Mansion House speech last month, the Prime Minister noted that the outcome of the referendum,

“was not a vote for a distant relationship with our neighbours”.

She went on to promise that, after we leave, her Government would work to build,

“a new beginning for the United Kingdom and our relationship with our European allies”.

This amendment would require the Government to tell us what that new beginning might look like and what the Government want to build. We cannot expect our neighbours to build an entirely new structure just to suit the British alongside the main multilateral framework that has now been created, within which European states now consult on international issues, work together to manage crises in Africa and the Middle East, and deploy military and civilian resources to those regions and the seas around them. What arrangements for continued association do the Government propose?

Our amendment does not explicitly extend to international development, the focus of the amendment tabled by the noble Earl, Lord Sandwich, and others which the House considered last Wednesday, but the same principles and questions apply to that additional aspect of Britain’s role in the world. The history of European co-operation and development policy has also been shaped by British participation and influence.

Dominic Lawson and those who think like him would be happy for the UK to follow Switzerland’s example, as again he said this morning, back to proud independence and minimal global influence, but our Prime Minister and our current Foreign Secretary want Brexit to mark a renaissance in Britain’s foreign policy—a global Britain striding the world diplomatically and militarily. The Foreign Secretary gives the impression that his image of global Britain excludes Europe, that we will walk tall alongside the Americans, China and India—and, of course, the rest of the Commonwealth—and leave a declining Europe behind, but our Prime Minister knows that this is nonsense, that British foreign policy has always started from managing relations with France, Germany, Spain, the Netherlands and Denmark and that this remains the bedrock for any global role for Britain today.

The most recent European Council, with its solidarity with the UK in the face of Russian invasion of British sovereignty, was a demonstration of the value to Britain of this multilateral framework. However, in less than 12 months we will be leaving the European Council, the Foreign Affairs Council, the 40 to 50 working groups within which officials consult on and prepare common positions, the EU military staff and the European Defence Agency. Parliament is therefore entitled to ask the Government how they propose to manage when we are no longer within those networks and what future relationship they would like to negotiate with them. We are entitled, too, to ask them to give us an answer soon.

We all know why the Government have not yet spelled out their objectives here. It is because they are divided between those within the Government and on the Back Benches in the Commons who want nothing more to do with those nasty continentals and those who accept what the Prime Minister in her Mansion House speech described as the hard realities: that we need continued close co-operation in these vital areas. It would be an act of national self-mutilation in foreign policy to cut ourselves adrift from the networks that we have done so much to build up and to retreat into a new form of splendid isolation in pursuit of an entirely independent foreign policy.

The Prime Minister, in her speech to the Munich Security Conference in February, indicated that she would like to agree a new framework now. She said that she endorsed,

“distinct arrangements for our foreign and defence policy cooperation in the time-limited implementation period, as the Commission has proposed. This would mean that key aspects of our future partnership in this area would already be effective from 2019. We shouldn’t wait where we don’t need to”.

She went on:

“But where we can both be most effective by the UK deploying its significant capabilities and resources with and indeed through EU mechanisms—we should both be open to that. On defence, if the UK and EU’s interests can best be furthered by the UK continuing to contributing to an EU operation or mission as we do now, then we should both be open to that. And similarly, while the UK will decide how we spend the entirety of our foreign aid in the future, if a UK contribution to EU development programmes and instruments can best deliver our mutual interests, we should both be open to that”.


She called specifically for a close association after Brexit with the European Defence Fund and the European Defence Agency. She did not go so far as to propose a separate new treaty in this field, as she did on co-operation on internal security, but the implication from her speech is clear that that is what is needed.

--- Later in debate ---

[Baroness Goldie]

My Lords, I am grateful to the noble Lord, Lord Wallace of Saltaire, for bringing attention to this important issue in his Amendment 29 and I welcome the opportunity to set out the Government’s position in this vital area.

I begin by emphasising that the UK is unconditionally committed to European security. We want to continue working closely with our European partners to keep all—all—of our citizens safe. There is mutual benefit in such proximity of relationship; frankly, to think otherwise would be plain daft.

As the Prime Minister underlined in her Munich speech, this is not a time to inhibit our co-operation or jeopardise the security of our citizens. We want to find practical ways to continue working with the EU to protect our citizens and safeguard our shared values and interests. That speech, as the noble Lord, Lord Wallace, suggested, set out the new deep and special security partnership we want to develop with the EU, including our ambition to retain the co-operation we already enjoy with member states and to go further to meet new threats.

The Government are clear that we must do whatever is most practical and pragmatic to tackle real-world challenges. I must thank the noble Lord, Lord Kerr, who acknowledged the importance of what the Prime Minister was saying in her speech. As an example of our ambitions, the UK aims to continue to develop capabilities to meet future threats. On defence, that means agreeing a relationship between the UK and the European defence fund and the European Defence Agency.

It is important to observe that our security interests do not stop at the edge of our continent. As a permanent member of the United Nations Security Council, a leading contributor to NATO and the United States’ closest partner, we have never defined our approach to external security primarily through our membership of the EU. On leaving the EU, it is right that the UK will pursue an independent foreign policy, but the interests which we will seek to project will continue to be based on shared values.

Amendment 29 seeks to do something else: to ensure that the Government endeavour to secure future co-operation in the field of foreign and security policy. As I have set out, this is a top priority for the Government. The amendment also seeks to ensure that relevant EU law and regulations are integrated into UK legislation. I suggest to the noble Lord, Lord Wallace, that this is unnecessary in the face of the Bill’s explicit provisions. The Bill will incorporate EU regulations and decisions applying in relation to the UK, and any directly effective rights, obligations, powers, liabilities, remedies, restrictions and procedures arising under treaty articles at exit day. Our approach is one of maximum continuity. No further provision is needed to ensure that the Bill can fulfil this vital aim.

It is for those two reasons that this amendment, I would argue, is unnecessary. I therefore ask the noble Lord to withdraw it. I clarify that this is not a matter to which the Government propose to return at Third Reading.

[Lord Wallace of Saltaire]

My Lords, I regret that that is an extremely unsatisfactory answer. To say that shared values will continue to link us to the European Union after we pursue our independent foreign policy means nothing, more or less. Shared meetings and shared intelligence are what we need. We have close co-operation with France, which we have had since 1998—reinforced in 2010—and a defence treaty for collaboration; we have co-operated with the Netherlands and others; and we are currently in command of one of the military operations at Northwood, Operation Atalanta. All of that is going into thin air, but apparently we will continue to share values, and that will do. It will not do, and I suggest strongly to the Government that this issue will not go away. It will become more embarrassing as the months go by if the Government do not begin to clarify what they have in mind, particularly given that Ministers cannot agree among themselves what they want to do.

The noble Lord, Lord Kerr, is absolutely right that we need to make some proposals. We would gain enormously in terms of the trust of those with whom we are negotiating if we made some proposals. The Prime Minister’s Munich speech implied that we would be making some proposals. The noble Baroness, Lady Smith, was right, and I was wrong to suggest that there is a plan: no such plan exists.

When I was studying history, I used to think that the Conservative Party was about strong foreign policy and strong defence. However, on this fundamental issue, the Conservative Party appears to be about holding itself together, not about strong defence, which these days necessarily means working closely with others. We cannot afford to be an independent military power any longer. We are in a much darker international environment than we were in 2016 when the referendum was fought. We need our friends and partners, and we need to work closely with them.

This is an issue that will not go away. I do not intend to ask to divide the House at this late hour, but the resonance of this issue will grow rather than shrink. It will embarrass the Government and the Conservative Party more and more as we slide towards March 2019 without any clear idea. I regret that on this occasion, unlike when we discussed this issue in Committee, the Foreign Secretary has not been able to join us at the Bar. Never mind—I trust a report will go back to him. I did not recognise he was there at that time.

I will therefore withdraw the amendment, but the Government have to think a great deal more carefully about what they want in the area covered by the Treaty on European Union, rather than by the treaty on the implementation of the European Union. I disagree with the noble Baroness, Lady Goldie, when she suggests that the withdrawal Bill is only about the treaty and therefore does not cover that issue. Look at Article 49 of the Treaty on European Union and the various things which cover foreign policy and defence co-operation. If we are going to have close co-operation, including on intelligence and military deployment, there have to be formal structures and agreements. So I wish to withdraw this amendment, but we and others will have to return to this issue with increasing urgency if the half-promises made by the Prime Minister in her Munich speech turn out to be half-promises and nothing more.

Amendment 29 withdrawn.