European Council

Lord Wallace of Saltaire Excerpts

Monday 26th March 2018 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, I am sure we all wish to congratulate the Prime Minister on the active engagement she continues to have as a member of the European Council—but of course there will be only three more, or at most four more, European Councils in which she will be able to be an active participant before we leave. It is interesting to see that there is a commitment to,

“review progress in June, with Foreign Ministers being tasked to report back ahead of the next Council”—

we have great confidence that Boris Johnson will succeed in doing that—and that the Secretary of State for International Trade will,

“continue to support preparations in the EU to defend our industry”.

If, after we leave, we plan to have some sort of institutional arrangement with the European Union in which we will participate, when will the Government start to explain to their public—including that section of the deeply divided British public which reads the Daily Mail or Daily Telegraph every day and does not believe that we ought to have any continued structural arrangement—what sort of arrangement they propose we should have? Over the past few months the Government have not explained to their public, except on the rare occasion of the Prime Minister’s Mansion House speech, what sort of relationship they begin to envisage. We read about it in Commission documents but do not hear about it from our own Government. Is it not time that the Government began to spell out to us what sort of future relationship they see we might have?

[Baroness Evans of Bowes Park]

The European Council has just agreed its guidelines for negotiations. We have been very clear through the Prime Minister’s speeches—Munich on security and Mansion House on economic partnerships, as the noble Lord mentioned—about the kind of relationship we want. We will now be putting flesh on those bones. The noble Lord made the point himself that the relationship between the UK and the EU will remain strong because we do want to work together in these international fora and we do face common threats and challenges. We can perfectly reasonably develop relationships in order to do that. We have shown that we are stronger together and that is what we will continue to be.

United Kingdom-European Union Future Economic Partnership

Lord Wallace of Saltaire Excerpts

Monday 5th March 2018 Lords Chamber

[Baroness Evans of Bowes Park]

A customs partnership would mean that at the border the UK would mirror the EU’s requirements for imports from the rest of the world, applying the same tariffs and the same rules of origin as the EU for those goods arriving in the UK and intended for the EU. By following this approach, we would know that all goods entering the EU via the UK paid the right EU duties, removing the need for customs processes at the UK/EU border. In relation to agency membership, there are indeed precedents. Switzerland, for instance, is an associate member of the European Aviation Safety Agency, which means that airworthiness certifications are granted by its own aviation authority and disputes are resolved through its courts.

[Lord Wallace of Saltaire (LD)]

On managed divergence and regulatory alignment, the phrase “managed divergence”, which I gather the Cabinet agreed on 10 days ago, does not appear in the Prime Minister’s speech or this Statement. What we have on regulatory alignment is the very odd statement that Parliament in many cases will pass identical laws to an EU law. That sounds remarkably like a sort of Potemkin sovereignty, in which we do it independently but we simply follow what the others have done. That is not real sovereignty at all. Do the Government now accept that the advantages of regulatory alignment across the whole goods sector are such that, in practice, we will want to maintain the same standards, or do they accept, as the Foreign Secretary and others wish to go on insisting, that there are some rules out there that we will somehow want to diverge on?

[Baroness Evans of Bowes Park]

It will be not just for this Parliament but for future Parliaments to decide what our regulations look like. As the Statement set out, we may choose to commit in some areas of regulation, such as state aid and competition, to remain in step with the EU. The UK drove much of the policy in this area, so we have much to gain from keeping proper discipline on the use of subsidies and anti-competitive practice. The noble Lord is right: the Statement said that Parliament may choose to pass an identical law. Businesses that export to the EU have told us that in some instances it is strongly in their interests to have a single set of regulatory standards. However, if the Parliament of the day decided not to achieve the same outcomes as EU law, it would be doing that in the knowledge that there may be consequences for market access, but it would be its decision to do so.

Business of the House

Lord Wallace of Saltaire Excerpts

Thursday 1st March 2018 Lords Chamber

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

For the last time, I beg to move the fourth Motion standing in my name on the Order Paper.

[Lord Wallace of Saltaire (LD)]

My Lords, we are going to work very long hours during the Committee stage of the European Union (Withdrawal) Bill. Can the Minister assure us that we will not be in danger of breaking the European Union working time directive with the number of hours we will be sitting?

Motion agreed.

European Union (Withdrawal) Bill

Lord Wallace of Saltaire Excerpts

Tuesday 30th January 2018 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, I want to make three points: on the degree of freedom the Government are asking for to make secondary legislation; on the absence of guarantees for consultation with English regions and local authorities; and about the uncertain links between withdrawal from the EU treaties and Britain’s future contribution to Europe’s political and security order.

The Leader of the House has just told us that the Bill offers certainty. It does not. The Government are asking both Houses to take an enormous amount on trust. It would be easier to trust the Government if they could provide some indication of what future relationship with the European Union they want to negotiate. Scrutinising this Bill against a background of open disagreements among Ministers and Conservative MPs about future alignment or the divergence of regulation will be peculiarly difficult. If half the Conservative Party does not trust the Cabinet on this, and the unelected journalists of the Daily Mail and the Telegraph are actively mistrustful, how can we grant the Government such wide ministerial discretion?

The cloudy phrases that the Prime Minister trots out to obscure where the Government intend to take us, on a relationship that is fundamental to Britain’s future economy, security and place in the world, make the confusion worse. What is a “bespoke” agreement? A friend has told me that a bespoke suit is one that costs a great deal more than one off the peg, but offers only a few tweaks in the way it is put together. The phrase a “deep and special” agreement is deliberately ambiguous. No Minister has spelled out the subtle differences between a “transitional” agreement and an “implementation” agreement, or the distinction between “a” customs union and “the” customs union. This House is justified, therefore, in narrowing the degree of ministerial discretion that the Bill permits. We have been given little idea of what Ministers might consider “appropriate”, as the Bill says, in exercising the executive powers it gives them. We should therefore amend that term wherever it appears to “necessary”, to narrow the degree of freedom they are given. I hope that this will command support across the House.

There will be much debate in Committee about the implications of Brexit for the devolution settlement with Scotland, Wales and Northern Ireland, and whether repatriation will tip the existing balance of competences in favour of Westminster. Those of us who live in the English regions—above all those of us who live in the north—will want to see how far we can insert amendments to provide for effective consultation also with English local authorities. Yorkshire and the north-east have a combined population larger than Scotland, have much greater economic interdependence with the European continent than Wales or Northern Ireland, and have benefited from EU funding while Westminster has starved the north of funds. We will work with the Local Government Association to insert a requirement for consultation in this Bill, unless the Government come forward with clear proposals of their own—and I gather that that is now under discussion.

The Bill’s focus is primarily on repatriating powers under the Treaty on the Functioning of the European Union. I will seek also to probe the Government on the implications of withdrawing from the more intergovernmental Treaty on European Union, which is concerned with fundamental rights, democratic principles, common foreign policy, and security and defence policy. Do the Government intend to opt out of any concern about the future European order after we leave? Or do at least some Ministers intend that continued co-operation in these crucial fields will somehow be woven into the “deep and special partnership” that the Government promise us they will eventually define? It would be a complete betrayal of a crucial theme in Margaret Thatcher’s Bruges speech to opt out of sharing the responsibility for maintaining and strengthening a democratic order across the whole of Europe. If I may remind the House, she said:

“Britain does not dream of some cosy, isolated existence on the fringes of the European Community. Our destiny is in Europe, as part of the Community … The European Community is a practical means by which Europe can ensure the future prosperity and security of its people in a world in which there are many other powerful nations and groups of nations”.


This Bill shows that those who claim Mrs Thatcher’s legacy have betrayed it.

However, the Government are now reported to be reconsidering the complete withdrawal from foreign and defence collaboration. There are even whispers about continued membership of the European Defence Agency, covered by Article 45 of the Treaty on European Union. I and others will be probing the Government on what form of continued association they intend to negotiate on the areas covered by Articles 23 to 46 of the TEU, and how they intend to seek parliamentary approval for their engagement in these fields.

Another empty phrase, “We are leaving the European Union but we are not leaving Europe”, is intended to blur the question of how we will associate with the EU’s established frameworks, which successive British Governments, from the noble Lord, Lord Carrington, onwards, helped to build. The Foreign Secretary has said nothing about this central issue so far as I am aware, but we are entitled to an answer as the Bill goes through.

European Council

Lord Wallace of Saltaire Excerpts

Monday 18th December 2017 Lords Chamber

[Baroness Evans of Bowes Park]

I am afraid I do not agree with the noble Lord. The fact that we have got to where we are shows that there is willingness on both sides to work together to make sure that we have a good outcome for both the EU and the UK. I look forward and expect that we will continue the phase 2 negotiations, including around the details of the implementation period, in the constructive manner we have seen so far.

[Lord Wallace of Saltaire (LD)]

My Lords, the Statement starts and ends with references to the foreign and security relationship we hope to build with the European Union after we leave. The Council conclusions of the 28 member Governments, of which we remain, for the moment, one, talk about a new initiative in closer security co-operation among Europeans, which will presumably exclude the United Kingdom. Given that some members of the Conservative Party may be deeply unhappy at any special relationship with the European Union on foreign policy and security after we leave, would it not be a good idea for the Government to begin to set out publicly, for their own public as well as for those with whom they are negotiating, what sort of foreign policy and security relationship we wish to have? I also draw attention to the last sentence, which has some fine words on violent language and threats of violence. Given that the Daily Telegraph and the Daily Mail have led in using violent language against people who have been “traitorous” to the Conservative Party, as they put it, is the Prime Minister planning to call in the editors of those two newspapers by any chance?

[Baroness Evans of Bowes Park]

I think the Prime Minister is quite clear in the Statement about the fact that we do not agree with or tolerate such language. In relation to defence, the noble Lord may have been referring to the launch of PESCO, which is an important initiative to encourage collaboration across the European defence industry and has the potential to drive up defence investment across Europe. Although we do not plan to join the PESCO framework, we want to keep open the option to participate at a project level, including after we have left the EU, so we were pleased with the Council conclusions that allow that. In terms of our future relationship, the noble Lord will be aware that we have published a future partnership paper on Foreign Policy, Defence and Development and indicated, for instance, our interest in future partnerships, including a capability collaboration through the European Defence Agency and the Commission’s European defence fund.

Brexit Negotiations

Lord Wallace of Saltaire Excerpts

Monday 11th December 2017 Lords Chamber

[Baroness Evans of Bowes Park]

The joint report sets out that the common travel area with Ireland will be maintained.

[Lord Wallace of Saltaire (LD)]

I note that the Statement gives a lot of importance to getting out from under any jurisdiction of the European Court of Justice. I find that a little surprising in view of the recent report by the Institute for Government, which shows that the British Government have fewer cases before the European Court of Justice than do most other members of the European Union—and, indeed, that most of those are decided in favour of the UK. I am puzzled also as to whether the deep concern with national sovereignty and the willingness to make financial and economic concessions in order to regain this sovereignty applies to other international courts. The Leader of the House may be aware that President Trump has just attacked the arbitration tribunal of the World Trade Organization, suggesting that it is biased against the United States, that it does not respect American sovereignty and that the United States might have to leave the World Trade Organization. Do the British Government sympathise with President Trump in that suspicion of international courts, or is it is just the European Court of Justice that we object to?

[Baroness Evans of Bowes Park]

EU citizens’ rights in the UK will be upheld by implementing the agreement in our law, instead of continued EU law enforced by the EU courts. Our courts will pay due regard to EU case law as agreed at the point of exit to interpret that law as needs be, just as they decide our law now in reference to international law, where relevant, such as the UN Convention on the Rights of the Child.

European Council

Lord Wallace of Saltaire Excerpts

Monday 23rd October 2017 Lords Chamber

[Baroness Evans of Bowes Park]

I certainly agree that all the Cabinet is focused on ensuring that we achieve a good deal. We all want that and are all behind the Prime Minister. As I have already said, the response from other leaders at the EU Council shows that we are making progress and that there is a willingness for us all to move on. That is what we must focus on.

[Lord Wallace of Saltaire (LD)]

My Lords, I welcome the Government’s change of position on continuing post-Brexit co-operation on internal security and foreign policy. The problem I have is that what I hear from the Government is that we want to continue but are waiting for the EU to propose how. Will we have any of our own proposals on how we will manage when we leave the extensive institutional co-operation in foreign policy which has grown up, often under British initiative, in the last 40 years, or when we leave Europol, if we are going to leave? I remember the nonsense from the leave campaign about how Interpol was perfectly adequate and we did not need Europol. Clearly we do. What proposals are the Government going to make on this, or are they simply going to say that the other side have to tell us how it can be done?

[Baroness Evans of Bowes Park]

The noble Lord will be aware that we have published, I think, 14 various types of papers over the last few weeks, some of which were on security. In fact, the EU 27 has made clear in its negotiation guidelines that it stands ready to establish partnerships in the fight against terrorism and international crime as well as on security, defence and foreign policy. We are working on those details. We certainly value, for instance, the role of Europol in helping law enforcement agencies co-ordinate investigations, and there is good precedent for third-country participation in it. Structures are already in place, which we will be looking to involve ourselves in. We want a relationship in this area, and understand the importance of it, but obviously the detail will be for the negotiations.

Brexit: UK Plans

Lord Wallace of Saltaire Excerpts

Monday 9th October 2017 Lords Chamber

[Baroness Evans of Bowes Park]

I have no doubt that the Prime Minister does and will continue to exercise her authority. I want to reassure noble Lords again: the Cabinet is united. We want to get the best possible deal for the UK and the EU, and to ensure a smooth and orderly withdrawal, and that is what we are all working towards.

[Lord Wallace of Saltaire (LD)]

My Lords, I welcome the Government’s acceptance now that there are broad security dimensions of leaving the European Union and that the European Union has always had large security elements involved with it. I recall the noble Lord, Lord Forsyth, denying that that was the case, and the leave campaign certainly did not accept it. Can the Government begin to tell us something about how they will maintain the relationship both on cross-border security and in terms of defence, foreign policy and intelligence, after we leave? Looking round the Chamber, I think there are one or two Members old enough to remember, for example, a body called the Western European Union. It existed solely to allow the United Kingdom to have conversations with the then six members of the European Community on foreign and security policy when we were otherwise outside the room. Do we imagine that we are going to try to persuade others to set up some sort of special arrangement of this sort or will we hope to maintain, for example, the current multilateral intelligence arrangements through associate membership of Europol? As the position paper on this said, these are clearly in our national interests.

[Baroness Evans of Bowes Park]

I entirely agree with the noble Lord that this is an extremely important area. As I said, it is very encouraging that the European Council’s negotiating guidelines also identify the importance of partnerships against crime and terrorism. The specific details will obviously be for the negotiations but I say again that no pre-existing model of co-operation between the EU and third countries replicates the scale and depth of the collaboration that exists between the EU and the UK in this area. We want to maintain that, which is why we want to work towards new arrangements that go beyond any arrangements the EU has in this area at the moment.

European Council

Lord Wallace of Saltaire Excerpts

Monday 26th June 2017 Lords Chamber

[Baroness Evans of Bowes Park]

My noble friend raises an important issue and that is why we are trying to discuss this matter at a very early stage. We want to see whether, with the EU, we can come forward with proposals that give people the certainty they want, and we believe that we have put forward a fair and serious offer to begin those discussions.

[Lord Wallace of Saltaire (LD)]

Are the Government considering extending the new proposal for some form of identification card for immigrants from the EU to the majority of immigrants to this country who come from outside the EU? Will that be in the forthcoming immigration Bill? It seems rather illogical to introduce this sort of scheme for people moving to this country from inside the EU but not for the majority of immigrants who, every year since we have worried about immigration, come from the rest of the world. Therefore, would it not be appropriate for the Government to propose a general scheme for foreigners within Britain—perhaps under something called the “Aliens Act”?

[Baroness Evans of Bowes Park]

As I said, we will bring forward proposals for a future immigration scheme in due course.

European Union (Notification of Withdrawal) Bill

Lord Wallace of Saltaire Excerpts

Monday 20th February 2017 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, the speech of the noble Lord, Lord Cashman, makes it quite clear that the country is divided—in some ways more divided now than it was before the referendum—and that this process as it continues could lead to the country and its regions becoming increasingly divided. That gives us a great responsibility in how we contribute to the debate.

This House has an entirely legitimate role to play in scrutinising the Government’s approach to Brexit, both as the process proceeds and when it comes to the final package. Our role as a revising Chamber is not to throw out Bills at Second Reading but to examine the rationale for the proposals they contain. It is our role as a second Chamber to weigh up the Government’s proposals against our understanding of the national interest and to challenge the Government when we consider that their arguments do not make sense.

The Vote Leave campaign made much play before the referendum of the principle of restoring parliamentary sovereignty. Since June it has argued, in contradiction to that principle, that neither Chamber of Parliament can claim a significant role in scrutinising the Government’s changing interpretation of what leaving the European Union means. The will of the people, the Daily Mail insists, requires that we now accept whatever the Government put forward. So we are in danger of slipping from parliamentary democracy to direct democracy in which an authoritarian political leader is allowed to interpret occasional expressions of the popular will without a continuing process of criticism.

Nigel Farage’s French lodger, about whom the press showed much interest recently, is the director of the Institute for Direct Democracy in Europe, an institute supported by a group of hard-right nationalist parties across the EU—direct democracy against the necessary compromises and reasoned arguments of parliamentary democracy, in which popular fears and emotions are exploited by media and populist leaders to bully the opposition and target foreigners and minorities. The Conservative Government should not slip down that road, which would betray the best of the Conservative tradition.

It is not that I think that our current Prime Minister is in any way comparable to Donald Trump or Marine Le Pen, but I do fear that she has been captured by the authoritarian right of her party and the almost anti-democratic hysteria of the Daily Mail. Those of us who still believe in parliamentary democracy, with reasoned debate and with attention to evidence and detail at its core, must therefore insist that this Chamber, as part of Parliament, has an important role to play.

Ministers spent a good deal of time and effort quietly examining the detailed costs and benefits of EU membership under the coalition Government at the insistence of the Conservative side. Thirty-two papers on the balance of competences between the EU and the UK were carefully negotiated over 24 months on the basis of widespread consultation with stakeholders and experts in each sector, and the overwhelming consensus was that in most respects the current balance took UK interests well into account. Sadly, the response from the then Prime Minister in No. 10 was to bury the exercise as deeply as he could for fear of enraging the Europhobe right, so the public were left uninformed. But this Prime Minister cannot afford to bury sectional national interests and the impact of Brexit on them as negotiations move forward. If, at the end of the process, the gap between today’s optimistic promises and the hard compromises of the final package is too wide, the public will blame the Conservatives for the result.

Conservatives should therefore recognise that it is in their own enlightened interest to accept the amendment tabled by my noble friend Lord Newby and others that requires a resolution of both Houses on the final package and a national referendum on the terms agreed, and it is in the Government’s enlightened interest to inform Parliament and the public of what it is realistically possible to achieve as they move forward, rather than raising illusory hopes now and attracting outrage when they fall short later.

The recent White Paper still suggests that Britain can have its cake and eat it in sector after sector. It states:

“This Government will make no attempt to remain in the EU by the backdoor”.


Nevertheless, it lists a long series of areas where it is confident that the UK can retain close co-operation, from scientific research to aviation, medicines, food safety, chemicals and financial services. That simply will not be possible if we are entirely outside.

The White Paper also pledges to maintain close co-operation on internal security, intelligence and crime, but without accepting judicial oversight of such sensitive issues. That will not be possible either.

On foreign policy, the White Paper repeats the meaningless phrase that we are,

“leaving the EU, not leaving Europe”—

a phrase repeated by the Leader of the House yet again today—and suggests that we will continue to participate in EU military and civilian missions “across the globe”, through the EU’s back door, no doubt.

Boris Johnson, meanwhile, is making speeches in India and the Gulf promising that an increasing proportion of our Armed Forces will in future be deployed east of Suez, as far away from Europe as possible, and last week he was in the Gambia proclaiming the revival of the Commonwealth while the Canadian Prime Minister was visiting Brussels and Strasbourg to celebrate Canada’s trade agreement with the European Union. The Prime Minister says that we must be a world power but that none of us must be citizens of that world. I cannot recall a point in my lifetime when British foreign policy has been as incoherent as it is today.

This has the potential for a train crash, so the House should give the Government a qualified and conditional authority to proceed with negotiations to leave, as the amendments we will discuss in Committee propose.