European Union (Withdrawal) (No. 6) Bill

Debate between Lord Wallace of Saltaire and Lord Dobbs

2nd reading (Hansard): House of Lords
Thursday 5th September 2019 Lords Chamber

[Lord Wallace of Saltaire]

It is all the more courteous of the noble Lord to return if he had a speaking engagement in Scotland. I regret that the noble Lords, Lord Dobbs and Lord True, and the noble Baroness, Lady Noakes, have not had the respect for the House to be here today, having detained us for so long in those circumstances last night. I hope that the Conservative Whips will make it clear to them that respect for the House in these circumstances would have suggested that attendance was more appropriate in their circumstances, as far as those of us who cut short our sleep and returned on time are concerned.

We are discussing some fundamental constitutional issues in this Bill: the relationship between Parliament and the Government. It is highly relevant to that that the leave campaign promised us that Brexit would restore not just British but parliamentary sovereignty.

Listening to the noble Lord, Lord Howard, reminded me of some of my undergraduate studies in history—the 17th-century conflicts and the emergence of the Tories and the Whigs, the Tories being those who defended the Crown against Parliament, with the Whigs favouring a stronger Parliament. However, the noble Lord referred not to the divine right of kings but to the will of the people. In some ways, this is an equally difficult concept to pin down and define.

These are very wide-ranging issues. The future of the union has been mentioned. My son now lives and works in Edinburgh and I have therefore visited it much more frequently in the last three years. I understand that the future of the union is at stake in this debate for Scotland and Northern Ireland.

Then there are the questions suggested by the right reverend Prelate the Bishop of Leeds, my noble friend Lord Campbell, the noble Lord, Lord Wilson of Dinton, and others. What sort of country do we want to live in? What sort of values do we think we are about? Do we think that we do not share European values, that we share more with the American right and that that is where we would like to be instead? We have also discussed the conventions of what we used to regard as our wonderful unwritten constitution.

[Lord Dobbs (Con)]

I am very grateful to the noble Lord for giving way. May I apologise for my discourtesy —in his view—in not being able to be here for today’s debate in its entirety? I have attended the debate and have listened to his wise words on the monitor. Sadly, there are other duties which people must attend to. I would be very appreciative if he would apologise for his discourtesy in getting his facts wrong and personalising something that should be about politics, not personalities.

[Lord Wallace of Saltaire]

The question is about the role of this House, the way we all conduct ourselves in this House and the way we conducted our business yesterday evening. I am very happy to discuss this further with him off the Floor of the House.

--- Later in debate ---

[Lord Dobbs]

Could the noble Lord give a little moment? This is important. I have been referred to on the Floor of the House. Will the noble Lord simply accept that these matters should be about policy and politics, not personalities? I hope that he will reflect on the fact that referring to personalities actually demeans his case and does not strengthen it.

[Lord Wallace of Saltaire]

I am sorry. I have not read many of the noble Lord’s novels. I am sure that they do not stress that personality is important in politics. It seems to me that it is rather difficult to disentangle personality from politics. Let us discuss this further off the Floor. I even promise to buy the noble Lord a drink.

I was talking about conventions of the British constitution. I have been recalling the answer that the noble Lord, Lord Young of Cookham, gave last year when the question was raised about the Advisory Committee on Business Appointments’ sharp letter to the Foreign Secretary when he resigned about the way in which Boris Johnson broke the Ministerial Code in three places within three days of resigning. The noble Lord extremely carefully stressed that the Ministerial Code is an honour code and depends upon the honour of the men who sign it, leaving the question of whether Boris Johnson is a man of honour hanging in the air.

That is part of the issue of trust which the noble Lords, Lord Kerr and Lord Hayward, and many others across the House have raised today. The matter of whether the Government would consider ignoring a law passed through Parliament if they did not like it, quoted in the Times today, increases the degree of mistrust. When the noble Lord, Lord Mandelson, said that he cannot believe that the Prime Minister is negotiating in good faith, he speaks for a large number of people, which is worrying. He also says that we have to remember that the Prime Minister’s chief of staff is in contempt of Parliament and has written a blog showing many examples of his contempt, not only for Parliament but for most politicians in all parties. The problem, therefore, is that we cannot trust this Government, so Parliament is justified in tying their hands, which is the purpose of this Bill.

There is then the question of the role of evidence in policy-making, and of Civil Service advice and impartiality. The relationship between the Civil Service and the Government is based on the principle that civil servants advise on the basis of the best evidence they can find, and Ministers decide. What we have seen throughout this long argument about our membership of the European Community is Ministers and politicians disregarding advice and putting aside the evidence. I recall during my time in government, long before we reached the referendum, when, with David Lidington and Greg Clark, I chaired a Committee which at Conservative insistence looked at the balance of competences between the European Union and the United Kingdom. The Conservatives had insisted on it in the 2010 agreement because they were convinced that the evidence would demonstrate that business and other stakeholders would want to claw substantial powers back from the European Union to the UK. One of the most conscientious suppliers of evidence to the 32 reports that were provided was the director of the Scotch Whisky Association, Mr David Frost. He had been engaged in this for some time and he clearly knew what he was talking about and where the evidence lay. When those reports concluded that the balance of competences as currently established suited British business and other stakeholders well, the Prime Minister’s office did its best to supress further debate.

I hope that I misheard the noble Lord, Lord Howell, when he suggested that David Frost was perhaps not pressing the Prime Minister’s case on the Irish backstop as hard as he might in Brussels—

European Union Referendum Bill

Debate between Lord Wallace of Saltaire and Lord Dobbs

Monday 2nd November 2015 Lords Chamber

[Lord Dobbs]

I will be delighted to, and I thank the noble Lord for his intervention. I talked to the Electoral Commission just a little while ago, before the vote last week on individual electoral registration. It emphasised that if we were, for instance, to offer 16 and 17 year-olds the vote, which is a position, as he knows, that I have put forward, it would have exceeding difficulty—the noble Lord shakes his head. I am not quite sure what I have said that he could possibly disagree with, as I have not yet come to a conclusion. Maybe he has already made up his mind. The commission said that it would have exceeding difficulty in making those arrangements for 16 and 17 year-olds who are in this country before the autumn of next year. How much more difficult would it be for people when we do not know who they are or where they are? I ask this Committee to consider the practical difficulties of what we are asking for and not to end up passing bits of legislation that make the referendum a mess.

[Lord Wallace of Saltaire (LD)]

My Lords, I think that the noble Lord, Lord Green, was implying that we would expect expats living elsewhere in the European Union to vote in one direction rather than another. Certainly during my most recent visits to southern France, southern Spain, Portugal, Italy and Cyprus, it became clear that the two British newspapers that are most readily available are the Daily Mail and the Daily Telegraph. The Guardian is the most difficult one to obtain, so I am not sure that one should assume that people will naturally vote one way or another.

[Lord Dobbs]

Again, I am grateful for the intervention, but I hope now to be able to sit down. I do not think that the noble Lord was listening because I do not believe that I made the slightest indication as to whether expat voters would vote one way or the other. That is not our concern, and the decision should not be based on whether they are likely to vote in one direction or the other. It is a matter of rights and of practicality.

European Union Referendum Bill

Debate between Lord Wallace of Saltaire and Lord Dobbs

Tuesday 13th October 2015 Lords Chamber

[Lord Dobbs]

Forgive me for interrupting, but I would also remind the noble Lord that the United States, in order to achieve a single currency, actually required a civil war to do it, which is scarcely a model that one wishes to follow.

[Lord Wallace of Saltaire]

I should remind the noble Lord that, when I have given talks in Washington and elsewhere on European integration, I have often said—sometimes years ago—that, if we ever achieved a United States of Europe, I had no doubt that the policy process would work almost as well as the policy process in Washington. I hope that the noble Lord understands the point.

We have teased out of this debate what issues we have to deal with in Committee and on Report. We are now agreed that there is to be a referendum; the question is now settled; and the date is beyond Parliament’s control, except when the negotiations have been agreed and the Government come back to us. Therefore, we are left with a number of manageable issues.

On the question of purdah, clearly, if we have a long campaign, the Government have to go on negotiating with their partners in the European Union, and Ministers will have to say some things. In that area we will need to explore what the correct outcome is.

On the franchise, on which a great deal has been said, it is quite clear that the current British franchise is a mess. It is a historical, imperial legacy which means that someone who was born in Rwanda or Mozambique and moved to London last year can vote on whether we stay in the European Union. When we are in London, we stay in Wandsworth, where you hear French spoken extensively in the streets, which has been the case for 20 to 30 years. However, French people who have been working and living in London for 20 or 30 years, paying taxes here, contributing in every sense to our economy, cannot vote. There are a whole set of issues there which we need to explore in detail. This is not an ordinary vote. As has been said during this debate and elsewhere, this is a vote about the future of this country, and therefore we need to look at the franchise for this exceptional vote in exceptional ways.

The noble Lord, Lord Norton, and other noble Lords raised the question of threshold, which clearly we will have to explore a little, although it is a very difficult issue. Whatever happens at the end of it, if we have a narrow majority, either with a low or a high turnout, it will not settle the issue. However, we all know that referendums do not settle the issue. Six months after the 1975 referendum, the Labour Party was still arguing against staying in the European Union, and look at what happened in Scotland, where the referendum did not settle the future of that country.

The issue of the provision of information is extremely important and very difficult, and again we need to spend some time on it. We have to ask for a White Paper; certainly we need to look at the implications of leaving and, if possible, the prospect of staying. However, I bear hard scars from the problems of having to try to create dispassionate evidence on Britain’s relations with Europe. I spent two years in government negotiating 32 reports on the balance of competences between Britain and the European Union. Some 2,500 pieces of evidence came in; the Conservatives put that in the coalition agreement because they were convinced that this would provide the evidential basis for knowing what sort of powers we would want to repatriate from Brussels back to Britain. The overwhelming evidence submitted to the balance of competences review—from business, universities, financial and legal services—was that they think the current balance of competences is pretty good, thank you. The evidence submitted by easyJet began: easyJet would not exist if it were not for the single market in the European Union.

How did the press and No. 10 react to this? They did their best to bury the balance of competences reports in full. They were usually published at the beginning of the Christmas or the July Recess, just to make sure that the press were looking somewhere else instead. That is part of the problem in trying to get dispassionate evidence into our debate: myths float by us, undisturbed by reality.

I saw in a Church of England blog, which the right reverend Prelate the Bishop of London referred to yesterday, that a lay member of the synod of Canterbury said that one of the reasons why the BBC is so biased in favour of Europe is because it receives so much significant funding from the European Union. I look at that with amazement. That is clearly going round in some circles as part of this wonderful phantasmagoria of the EU as a monster, reaching across the Channel to seduce honest Englishmen, strangle our free institutions and reduce us to serfdom under German—and perhaps also French—domination. Therefore, we will struggle between evidence and myth as we go on through this debate.

I will remark on one of the myths, which I have heard several times in this debate: “We thought we were joining a Common Market, and no one ever told us that this was a political project”. Indeed, the Prime Minister himself, in his speech to the Conservative Party conference last week, said:

“When we joined the European Union we were told that it was about going into a common market, rather than the goal that some had for ‘ever closer union’”.

Last night, therefore, again I dug out Sir Alec Douglas -Home’s speech on 21 October 1971, on the first day of the Commons debate on the issue of principle of joining the European Economic Community. He said that,

“when Germany, France, Italy and the rest sit down to talk about their problems of security, and their attitude to world problems … it is vital that we should be in their councils. During the last year I have … been in the councils of the Ten, because they have anticipated the larger Community. Matters are talked about there which concern the defence of Europe and the defence of Britain. Matters are talked about—for example, the Middle East—which have the greatest implications for our country. It is essential that we should be in the councils when these questions are discussed, and that a decision should not be taken without us”.—[Official Report, Commons, 21/10/71; col. 922.]

I say that for all those who think that we would be better off as a sort of Switzerland with nuclear weapons, which I think is what—

Organization for Security and Co-operation in Europe

Debate between Lord Wallace of Saltaire and Lord Dobbs

Wednesday 10th December 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I very much doubt that. Russia is one of the major partners in the OSCE. We wish to retain Russia as a member of the OSCE and therefore we have to work within the very difficult constraints of 57-state membership.

[Lord Dobbs (Con)]

My Lords, 25 years ago the Berlin Wall and the iron curtain were torn down by the bare hands of eastern Europeans, because they respected the moral authority and values that we express in the West. After yesterday’s report about the violations of the CIA in pursuit of other wars, where does the Minister think that that moral authority stands today?

[Lord Wallace of Saltaire]

My Lords, that is a very broad question, on which we might possibly have a full debate. Clearly, the report on CIA violations does damage the reputation of the West, but I stress that on Ukraine, the EU is leading. In answer to the question that the noble Lord, Lord Pearson of Rannoch, has not raised on this occasion, it is not the case that the EU or NATO has tempted Ukraine to join. I was at a conference in Kiev in December 1991, when Ukraine had been independent for less than a month. The Foreign Minister declared as his opening statement that Ukraine had two strategic objectives for the next three years; the first was to join NATO and the second was to join the EU. I was asked to reply and explained that it was a little more difficult than he thought.

Chilcot Inquiry

Debate between Lord Wallace of Saltaire and Lord Dobbs

Monday 3rd November 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I appreciate that many have been affected by the issues studied by this inquiry. I am not aware of any rows between the Cabinet Office and the inquiry. I am aware of a long series of complex discussions within the British Government, between the British Government and our allies and with the inquiry about the exact nature of what should be published. I am conscious that what will be published includes notes from more than 200 Cabinet meetings, for example, including some extracts from Cabinet minutes.

[Lord Dobbs (Con)]

My Lords, does my noble friend remember that, before the war broke out, 1 million ordinary people marched in the streets of London telling us not to go to war, yet we politicians did a pretty miserable job in waving that war on willy-nilly? While no one underestimates the difficulties that Sir John Chilcot faces, does my noble friend not accept that any further delay, after all this time, can only increase the sense of injustice that so many people feel about that war?

[Lord Wallace of Saltaire]

My Lords, I remember that march very well: I was one of the marchers. We are very conscious that we now need to bring this to a close. I deeply regret that it has taken three years since the end of the interview phase of the inquiry to get as far as we have. We are all anxious to complete the next stage which, as I stress, is showing to those who will be criticised in the report what it says about them and giving them a chance to reply. As soon as that is completed—so we are a little dependent on them, I am afraid to say, and on their lawyers—the report will be submitted to the Prime Minister and published.

Electoral Fraud

Debate between Lord Wallace of Saltaire and Lord Dobbs

Tuesday 1st April 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, as I have said before at this rostrum, the Government are doing a great deal to maximise the level of registration. We all recognise that we will never reach 100%. The proportion registered had been going down over the previous 15 years and we recognise that there are particular problems, especially with young people. A range of government schemes is currently under way, in co-operation with a range of non-governmental organisations, to raise in particular the number of disadvantaged groups and young people who register to vote. Online registration is but one of the things that we are doing.

[Lord Dobbs (Con)]

My Lords, the basis of any fair electoral system must surely be one voter, one vote. Yet the constituency of the Isle of Wight has more than 111,000 voters while the outer islands constituency has barely 22,000. Is my noble friend able to offer any sensible explanation as to why a vote in the Isle of Wight—or in East Ham, Manchester Central or North West Cambridgeshire—is worth only one-quarter or even one-fifth of a vote elsewhere? Does he believe that this is in any way liberal or even vaguely democratic?

[Lord Wallace of Saltaire]

My Lords, I am sure that the noble Lord, Lord Dobbs, understands that the process of politics is not entirely rational. In the most recent discussions of electoral redistribution, there was an active campaign to prevent the Isle of Wight being split and there was an active campaign to exempt the various Scottish island constituencies. That is the reason for these exceptions to the general rule.

EU: Salaries

Debate between Lord Wallace of Saltaire and Lord Dobbs

Wednesday 6th March 2013 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, the figures I have are that Paris employs 50,000 people and Birmingham employs 60,000 people, so it is a relatively modest number. I am sure the noble Lord will admit that the inefficiencies of the Commission—in particular, the rather inadequate personnel policies, the relatively generous allowances and an expatriate allowance which, unlike the NATO expatriate allowance, does not phase out after a number of years and is rather more generous—are things that we should be looking at, particularly when all national budgets within the European Union are being squeezed.

[Lord Dobbs]

Will my noble friend help a confused man who has trouble with numbers? We have one European Union which has two parliaments, three presidents and dozens of employees who earn more than our Prime Minister. I understand that the second parliament in Strasbourg, over the course of the parliamentary cycle, costs our taxpayers €1.5 billion. Do any of those statistics make any sense to him?