European Union (Withdrawal) Bill

Debate between Lord Wallace of Saltaire and Lord Dykes

Committee: 10th sitting (Hansard): House of Lords
Monday 26th March 2018 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, I very strongly support these amendments. I stress that we are locking ourselves into leaving the European Union on a specific timetable which is coming up very soon, given that nothing much will happen in the summer and that it will take some time to get ratified whatever interim withdrawal agreement is agreed by this October. We are up against a very short deadline. The reasons why this is a mistake include that the Government lost a great deal of time unnecessarily in negotiations within government and the Cabinet, and with their own right wing, before they got down to the detail of the negotiations to which they are now committed.

As the Government negotiate, we are discovering a substantial shift of tone. The Prime Minister’s Mansion House speech made it clear that she wants to stay associated with a very large number of European Union agencies. There is talk of a large and ambitious new security treaty between the UK and the European Union, and Commons committees and committees of this House have said that it is absolutely in Britain’s interests that we remain associated with Europol, data sharing and a whole host of other things which only EU membership gives us.

[Lord Dykes]

Is the situation not actually worse than that? The noble Lord referred to the Government’s position after the election but, of course, I am sure he would agree that the Government completely lost their mandate to pursue these negotiations anyway in that election result, due to the effect of the result coupled with a dodgy alliance with the DUP. Does he agree?

[Lord Wallace of Saltaire]

I am not sure I would say that the Government completely lost their mandate. They emerged from the election a good deal weaker than they were before. Unfortunately, I am not sure that anyone else had a mandate at the end of it, either. I give way to my noble friend, I should say.

Trade Union Bill

Debate between Lord Wallace of Saltaire and Lord Dykes

Monday 8th February 2016 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, Amendments 2 and 9, in my name, have a simple aim: to bring into alignment the standards for democratic legitimacy which the Government apply to themselves, and on which their claim to a democratic mandate rests, and those which they wish to apply to the trade unions.

The Government’s electoral majority rests upon the support of 36.8% of those who voted in the general election last May on a 66% turnout, so representing some 24% of the total electorate, at least of those on the register. For neatness and convenience, I have rounded the figures to 35% and 25%, recognising that the Labour Government of 2005-10 were accepted as legitimate on 35% of the vote.

Amendment 8, in the names of the noble Lords, Lord Collins and Lord Mendelsohn, rounds the figure of the turnout down, to 20%, rather than up, to 25%. Here we have far higher standards set out for the legitimation of ballots by trade unions than are set out by the current constitutional arrangements for legitimating government—50% of those voting and an even higher barrier, 40% of those eligible to vote. No British Government have passed this second hurdle in the past half-century. No Government for more than 60 years have represented more than 50% of the electorate, except of course the coalition Government of 2010-15, considered illegitimate throughout their life by a great many on both the Labour and Conservative Benches.

There is a very serious and constitutional point at stake here. The new Government claim they have a strong democratic mandate. The noble Lord, Lord Dobbs, underlined this in the first debate this evening. On that basis, they are now pressing through a substantial legislative programme, including a number of radical free-market proposals which were successfully resisted under the preceding coalition. This Bill is a mixture of free-market and authoritarian principles. Trade unions are an important part of civil society, balancing the power of employers and investors in the market. The battle to establish the rights of trade unions to combine was a significant part of the development of British democracy in the late 19th and early 20th centuries. I am happy to say the Liberal Government then did a great deal to support that.

Trade unions, like employers and investors, need to be regulated but—again like employers and investors—they are legitimate actors in a market that is rooted in an open and democratic society. Authoritarian free markets, of the sort favoured by some right-wing economists and briefly practised in some South American states, require civil society to be suppressed. But none of us, including those 24% of voters who supported the Conservatives in last year’s election, wants to convert the UK into an authoritarian state.

I ask the Government to recognise the limited and conditional character of their mandate to govern. They require the consent and acceptance of the 75% of UK voters who did not give them their support in last May’s election. The Government hope to govern for a full five years. If after two years they find themselves facing the usual mid-term disillusionment, made deeper by a likely economic recession, while they press ahead with an agenda about which significant parts of the electorate are unhappy, then the discontented will take to the streets and smash windows. We already face a public mood of deep disillusionment with conventional politics. The Government should be careful not to deepen that disillusionment further and provoke public anger.

Many of us will remember the confrontation between the Conservative Government and the trade unions in 1973-74, when the then Prime Minister attempted to assert his constitutional authority and union leaders replied that their total membership was larger than the number who had voted Conservative in the previous general election. The unions are much weaker now, of course, but then so is the Conservative Party—down from the 1 million members it had when Edward Heath was leader to, apparently, 150,000 now. It has far more money, of course, but far fewer members. The number of votes it won in last year’s election, as well as the proportion of the votes cast, was also much lower. To quote the noble Lord, Lord King, we are governed by an active minority against an idle majority.

We all recognise that the Government are opposed to constitutional reform, in particular to electoral reform, which could raise the barrier before an incoming Government could claim a mandate to govern. But, by that token, and recognising the weakness of their mandate, the Government should be cautious about imposing new barriers on union decisions. We know that there is public anger out there about our failures as a political class to impose sufficiently strong regulation on the banking industry, and the absence of prosecutions and punishment for those in the banking industry whose actions triggered the crisis of 2008-09. I meet that anger on the doorstep every time I go out canvassing in Yorkshire. To impose a combination of tougher regulations and higher barriers to legitimate action on trade unions, in contrast to the light touch on bankers and others, will only feed that underlying popular hostility and disillusionment.

I move the amendment, and speak to Amendment 9, in this spirit. The Government should recognise their own position, treat trade union ballots by the same standards as parliamentary ballots and recognise that a Government with a limited mandate must compromise with the institutions of civil society. Trade unions are an important element in our civil society. I beg to move.

[Lord Dykes (Non-Afl)]

My Lords, I will be brief. I congratulate the noble Lord, Lord Wallace of Saltaire, on his speech. I missed only about 20 seconds, when the television screen changed back to the Committee, so I was technically here. I agreed with what he said. I hope that he and others agree that the other disturbing factor in this is the context of a Government supported by a low percentage of voters, and only 24% of the electorate. I do not think that there was a lower figure in recent decades. I may be incorrect, but I am pretty sure that that is right. To invoke the regular incantation that something is a manifesto promise is also flawed if the support from the natural electorate is so puny and minor as to render this an illegitimate exercise for such a controversial piece of legislative text that deliberately makes life more difficult for normative trade union behaviour.

There is an idea that because the manifesto is mentioned in the press in the context of an election campaign, therefore the thinking electorate, or the whole electorate, should be well aware of the proposals in it; but, of course, that is not the reality. Most members of the public, first of all, regard politics as a rather distasteful activity and they leave it at the back of all the important activities they have with their families, their holidays, their education and their children, and they go to politics when they have to, when elections come. Therefore they would not be very conversant with the contents of manifestos anyway. So the manifesto-itis element of these very badly drafted Bills that are coming through—skeleton Bills, often, with too many SIs following them and the rest of the problems—also affects this piece of legislation.

I remember when I was the incumbent Conservative MP—proud to be the most left-wing one, of course—for Harrow, the total number of people who came into our campaign office during the election campaign to ask for a copy of the manifesto ranged, over the seven elections I fought, from 10 to six, with an average of about eight. People just did not pay any attention to the details of manifestos. Any newly elected Government, in this case with a 12-seat majority on the basis of 30%-plus support, are entitled to say, “Well, they should have, shouldn’t they?”, but it is not like that.

Therefore, we must produce intelligent legislation which is balanced and fair and consensually based—particularly, as in this case, with the sensitive subject of the trade unions, which have had a very difficult 15 years as a result of the way politics has moved—and we should be very concerned to make sure legislation does the right thing. Therefore, I hope the Government can respond to these realities by responding to intelligent amendments such as that just proposed by the noble Lord, Lord Wallace of Saltaire.

Chilcot Inquiry

Debate between Lord Wallace of Saltaire and Lord Dykes

Tuesday 6th January 2015 Lords Chamber

[Lord Dykes]

To ask Her Majesty’s Government whether they intend to suggest that the report of the Chilcot inquiry is published before the start of the pre-election purdah.

[Lord Wallace of Saltaire (LD)]

My Lords, as I said to the noble Lord in my Answer of 3 November, the inquiry is completely independent of government. It is up to Sir John Chilcot to decide when to submit the inquiry’s report to the Prime Minister. I continue to hope that its conclusions will shortly be available for all to see.

[Lord Dykes (LD)]

I am certainly not blaming my noble friend, and least of all Sir John Chilcot, but is not this continuing delay an utter and total disgrace after so much time has elapsed? Is my noble friend aware that more and more people think that it is some kind of attempt to prolong the agony for Mr Blair facing possible war crimes charges?

[Lord Wallace of Saltaire]

My Lords, we all regret the delay, but I wish to stress that this is not unusual for inquiries of this sort. I know that we were all looking at the al-Sweady inquiry as part of our Christmas reading. That took five years to report on two battles in one afternoon and cost £24 million. The Baha Mousa inquiry, looking into the death in UK custody of one Iraqi civilian in September 2003, took three years and cost £13.5 million. This inquiry has been looking at nine years of British policy and operations within Iraq. It is not entirely unexpected, therefore, that it has turned out to take a long time.

Political Parties: Funding

Debate between Lord Wallace of Saltaire and Lord Dykes

Wednesday 10th December 2014 Grand Committee

[Lord Wallace of Saltaire]

I will accept that. A proportion of the fees that individual members pay is deducted for a political fund which goes to one political party. How conscious or voluntary that is is, of course, part of the dispute.

I have a great deal of personal sympathy for the argument made by several noble Lords in support of gift aid tax relief. That is absolutely part of the way forward and it is one of the issues that quite a few of us, in whatever position we find ourselves after the election, should put straight back on to the agenda. We can then argue about the cap to be set, but again we are facing the problem that so far, the evidence of the number of voters who are sufficiently committed to any political party to want to pay money to it has fallen and we therefore need to increase it yet again. Some of us, and I am one of them, do our best to narrow the gap by entering the EuroMillions lottery each week and promising that we will give a substantial part of our winnings to our political party. Unfortunately only the SNP has benefited from that so far, not the Liberal Democrats or any other party.

I had expected the noble Lord, Lord Campbell-Savours, to ask me why the Government have not commenced the part of the last Act which deals with the tax status of donors. The answer I was ready to give to him, and which I cannot resist giving to him, is that the tax status of donors is actually not very easy to establish during a current tax year. For example, whether someone is domiciled in Britain or not is not entirely clear until after the end of the tax year. It is also a matter of confidentiality between the taxpayer and HMRC. If we are to have an information data gateway between HMRC and political parties that political parties can access, which might well be part of what we need to do, it will take us a year or two to establish—my notes say a minimum of two years. That, again, is an issue which we may wish to return to after the election. The question of whether or not a company is registered within Britain and carrying out serious activities in Britain is also a very difficult issue.

[Lord Dykes]

Would my noble friend also consider the possibility of imitating the American regulations so that owners of newspapers in Britain have to be based in the United Kingdom and pay UK personal taxes?

[Lord Wallace of Saltaire]

My Lords, the coalition Government have no policy on that, so I had better not comment. I think that that covers all the issues which have been raised. I encourage the noble Lords, Lord Campbell-Savours and Lord Dykes, to continue to press this. It is an issue to which we will all have to return after the next election.

Chilcot Inquiry

Debate between Lord Wallace of Saltaire and Lord Dykes

Monday 3rd November 2014 Lords Chamber

[Lord Dykes]

To ask Her Majesty’s Government what steps they are taking to expedite the publication of the report by the Chilcot Inquiry.

[Lord Wallace of Saltaire (LD)]

My Lords, the inquiry is completely independent of government. However, Sir John Chilcot has said that it is the inquiry’s intention to submit its report to the Prime Minister as soon as possible. I very much hope that its conclusions will shortly be available for all to read.

[Lord Dykes (LD)]

I express sympathy to my noble friend that HMG appear to be at the mercy of pressures from outside to connive in a delay in this report possibly to help Mr Bush and Mr Blair. Will he please come back to the Prime Minister’s exhortation in May that the report should be published by the end of this year at the latest and say when the date will be?

[Lord Wallace of Saltaire]

My Lords, I refute that there is in any sense a conspiracy connected to the former Prime Minister or the former American president. It has taken a good deal longer than was anticipated to clear the many thousands of documents that have been examined and which will be published on the website with a number of redactions. That process is now virtually complete. The Maxwellisation letters, which were sent out as a warning last year, should now be going out and we hope that that process will be completed. As soon as those who are to be criticised in the report have responded, the report will be ready for submission to the Prime Minister.

Chilcot Inquiry

Debate between Lord Wallace of Saltaire and Lord Dykes

Tuesday 1st July 2014 Lords Chamber

[Lord Wallace of Saltaire]

I understand fully what the noble Lord says and indeed what the noble Lord, Lord Owen, has said. I stress that this is an independent inquiry that the Government have stood back from, so the Government do not control what is happening in it. However, I entirely understand that when it is published it will be for Parliament, and a number of parliamentary committees, to take on board how much information was given and what the implications are for further information from the agencies and other aspects of government. That will be part of the follow-on to publication.

[Lord Dykes]

The noble Baroness was rightly concerned about the delay in Maxwellisation. My noble friend has just said that there is now a further delay in the letters going out. That seems to be excessive, bearing in mind all the delays that there have been so far. Could he explain to the House why there is this further delay?

[Lord Wallace of Saltaire]

The 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.

EU: Balance of Competences Review

Debate between Lord Wallace of Saltaire and Lord Dykes

Tuesday 5th November 2013 Lords Chamber

[Lord Dykes]

To ask Her Majesty’s Government when they will next hold discussions with the Council of Ministers and the European Commission on the current United Kingdom review of European Union competences.

[Lord Wallace of Saltaire (LD)]

My Lords, my right honourable friend the Minister for Europe recently briefed the September General Affairs Council of the European Union on the balance of competences review. This is but one example of the regular conversations that we are having with our European partners and the Commission as the review progresses. Lead departments also regularly engage with the institutions and their foreign counterparts during the consultation period for reports. Ministers will continue to raise the findings from each semester with EU partners and institutions.

[Lord Dykes (LD)]

I thank my noble friend for that Answer. No doubt he would agree that emotional fans of the review of competences were few and far between, but even they would agree with the excellent results of the last EU summit at the end of October and the firm and detailed agreement reached by President Barroso and the Council of Ministers on a secure reform agenda for the future, which has also helped to anchor the United Kingdom membership into the Union even more strongly.

[Lord Wallace of Saltaire]

My Lords, I am pleased to hear my noble friend echoing the speech that the Prime Minister made to the CBI only yesterday. The balance of competences review is only one of the things that the coalition Government are undertaking on European issues. It is intended to be an evidence- based review, and we have so far had well over 1,000 contributions to the reports published and under consideration.

EU: UK Membership

Debate between Lord Wallace of Saltaire and Lord Dykes

Thursday 13th June 2013 Lords Chamber

[Lord Dykes]

To ask Her Majesty’s Government what representations they have made to the Government of Germany about recent comments made by senior members of that Government about the United Kingdom’s membership of the European Union.

[Lord Wallace of Saltaire]

My Lords, the Government discuss a range of issues with Germany and with other EU member states, many of which agree about the need for reform to address the challenges that the EU faces, including dealing with the eurozone crisis, increasing the EU’s competitiveness in the global economy and making the EU more flexible and democratically accountable. Of course, the Government are committed to membership of a reformed EU. As the Prime Minister repeated on Monday, membership of the EU is in the UK’s national interest.

[Lord Dykes]

Does my noble friend agree that our connection and links with Germany are a key factor for us not only bilaterally but in extending and empowering our greater influence in the whole of the European Union? Can he give some specific examples of how British Ministers have engaged positively with their German counterparts in recent times to further those links?

[Lord Wallace of Saltaire]

My Lords, this Government have made it a priority to increase our engagement with Germany. We have nearly quadrupled the number of ministerial and senior official bilateral visits to Germany each year compared with 2009-10. We have established joint meetings twice a year of the British-German ministerial committees on the European Union, in which I take part myself. The Foreign Secretary has made many visits to Germany, most recently to the Königswinter conference on 31 May, and the Prime Minister works very closely and regularly with Chancellor Merkel.

EU: Reform

Debate between Lord Wallace of Saltaire and Lord Dykes

Thursday 16th May 2013 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, the agenda for the forthcoming European Council on 22 May is tax, energy and an update on economic and monetary union. Our objective will be to secure EU support for a G8 commitment to a new global standard for tax and the multilateral automatic exchange of information on tax. We will also aim to secure agreement for a stable energy policy framework that provides growth, competitiveness and investment. The Prime Minister and the Deputy Prime Minister have both been clear that the EU needs reform. The UK will continue to argue for reforms to ensure that the EU can better tackle the challenges it faces.

[Lord Dykes]

I thank my noble friend for that Answer. Bearing in mind the very sad humiliation and setback that the Prime Minister, absent in the USA, suffered yesterday, with a much larger vote than expected, would not the obvious solution, because of agreement by those two, therefore be to assign any negotiations to the Deputy Prime Minister and other Liberal Democrat Ministers in the Cabinet who have excellent relations with other EU member states and who would help to exorcise the Tory demons of xenophobia?

[Lord Wallace of Saltaire]

My Lords, this is a coalition Government, and we work as a coalition Government. There is substantial ground in the Government on a multilateral EU reform agenda. I spent three days in Brussels last week and was encouraged to find how much support there was for the sort of reform agenda we are talking about within other Governments and with a number of senior people in the EU institutions themselves.

Georgia

Debate between Lord Wallace of Saltaire and Lord Dykes

Tuesday 11th December 2012 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, we would welcome an improvement in relations between Russia and Georgia. The new Government have indeed attempted to open a new dialogue with the Russians, but so far, as far as I am informed, the Russians have not responded very favourably. The problems of Abkhazia and South Ossetia remain; Russia still does not accept the territorial integrity of Georgia. There is a long way to go, but in the context of the multinational Geneva talks in which Britain also plays a part, we would very much like a more positive dialogue between Russia and Georgia to take place.

[Lord Dykes]

My Lords—

--- Later in debate ---

[Lord Dykes]

Is my noble friend confident that the October 2010 constitutional measures will ensure greater accountability and duty by the president to avoid the Putin-Medvedev interchangeability that is such a feature of Russian politics?

[Lord Wallace of Saltaire]

My Lords, one of the worrying concerns has been that the Government have published a proposed series of cuts in the budget that would sharply cut the budget for the presidential administration. We are doing everything that we can, as are a number of other foreign Governments, to encourage a constructive cohabitation between the president and the current Government until the presidential elections next year.

EU: UK Membership

Debate between Lord Wallace of Saltaire and Lord Dykes

Monday 22nd October 2012 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, the eurozone may well have to become rather more integrated, but the European Union as it exists is not a simple first-tier/second-tier issue. In a couple of months’ time, we will debate the new Irish protocol. There are Czech protocols, Danish opt-outs and Irish opt-outs. When it comes to defence and foreign policy, Britain and France are very much at the core and Germany is occasionally on the edge. So it is not a simple matter of insiders and those on the fringes.

[Lord Dykes]

My noble friend’s credentials on Europe are of course impeccable, but will he reassure us that other senior members of the Government are not drifting almost accidentally and in a cavalier way into extreme referendumitis in order to appease some of their eccentric colleagues in the other place?

[Lord Wallace of Saltaire]

My Lords, I read the stories in the Sunday newspapers the other week. I have no idea how authentic they were.

European Union (Definition of Treaties) (Republic of Korea Framework Agreement) Order 2012

Debate between Lord Wallace of Saltaire and Lord Dykes

Tuesday 17th January 2012 Grand Committee

[Lord Wallace of Saltaire]

My Lords, the framework agreement itself was negotiated in parallel with the EU-Republic of Korea free trade agreement, debated in this Room yesterday, which was signed on 6 October 2010. The agreement provides a structure aimed at strengthening the co-operation of the European Union and its member states with the Republic of Korea in a number of fields. These fields include justice, freedom and security, as well as good governance and taxation. The agreement will also allow for further engagement on global issues such as climate change, security of energy supply and the proliferation of weapons of mass destruction.

The agreement gives us another tool through which to discuss and work on important issues with a key ally in the east Asia region. The Republic of Korea is the fourth largest economy in Asia, and growing fast; it will be the 10th largest driver of world growth over the next five years. The Republic of Korea is also an important international player, with troops in Afghanistan and ships in the Indian Ocean off Africa tackling piracy. It is also a fellow leader on green issues. Its partner of choice has so far been the United States, but we hope that the framework agreement will give the EU an opportunity to increase engagement in many of these fields and will therefore contribute to the better implementation of UK objectives in relation to the Republic of Korea. The EU delegation in Seoul is currently in negotiations with the Republic of Korea on what areas of co-operation to prioritise and how best to take this forward.

Her Majesty's Government fully support this agreement. We firmly believe that it will help to enhance and strengthen the relationship between the EU and the Republic of Korea. I commend the order to the Committee.

[Lord Dykes]

My Lords, I am grateful to the Minister for explaining the background to this order ready for affirmative resolution and following yesterday’s proceedings on the trade agreement with the Republic of Korea. That, too, is a very important document, with its contents at an early stage; it remains to be seen how that will work out in the build-up of trade between ourselves and the Republic of Korea. This instrument is one of the accompaniments that the EU and its allies and other countries with which we are doing deals like this rightly require. The international practice now is to have agreements along these lines: a framework agreement alongside a trade agreement dealing with all the other matters that the Minister has listed, which are extremely important from the point of view of good governance and civil society being properly looked after in the countries that are parties to this agreement. In this case, that means the member states of the EU and the Republic of Korea. Obviously, right now there is bound to be a certain amount of tension, at least in the margin, because of events in North Korea and the relationship and heightened tension between the Republic of Korea and the Democratic People's Republic of Korea. One hopes that will not have any deleterious effect on the trade agreement that we discussed yesterday or on this agreement.

I pay tribute to the noble Lord, Lord Alton, who is a great expert on Korea. He is particularly knowledgeable about South Korea—and, indeed, North Korea—and I would presumptuously guess that he may want to say a number of things about these matters. I will listen with great interest, but with some trepidation. I apologise in advance in case we find our proceedings go on a bit because I am due at a Select Committee where a Minister is attending at 4.10 pm. Therefore, if I depart prematurely, which I would certainly not wish to do because it would be very discourteous on my part, I can none the less rely on my noble friend Lady Maddock to keep me abreast of the developments in the rest of the discussion, and I shall look very closely at Hansard.

On behalf of the other part of the coalition today and in support of the Minister, I express support for this agreement.

EU: Repatriation of Powers

Debate between Lord Wallace of Saltaire and Lord Dykes

Tuesday 6th December 2011 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, I entirely agree with the article, which I thought was excellent, and I am very happy that the chair of the relevant European Parliament committee on this is a British Liberal Democrat Member of the European Parliament, Sharon Bowles.

[Lord Dykes]

Would my noble friend agree that the only important repatriation of powers for the Government—because they need to be careful on this matter—would be to repatriate Bill Cash away from the chairmanship of the European Scrutiny Committee of the House of Commons? Would he further agree that with so many exclusions, derogations and exceptions already, not least on the single currency, we have gone far enough down that road and that we need to be a good European partner again?

[Lord Wallace of Saltaire]

My 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.

Palestine

Debate between Lord Wallace of Saltaire and Lord Dykes

Monday 5th December 2011 Lords Chamber

[Lord Dykes]

To ask Her Majesty’s Government what level of support they will give to the latest efforts of the Palestinian Authority to secure admission to full United Nations statehood.

[Lord Wallace of Saltaire]

My Lords, on 9 November the Foreign Secretary announced in a Statement to the House of Commons that the United Kingdom will abstain on any Security Council resolution on Palestinian UN membership. We will not vote against the application because of the progress that the Palestinian leadership has made towards meeting the criteria for UN membership, including statehood, but we cannot vote for the application while our primary objective remains a return to negotiations and the success of those negotiations.

[Lord Dykes]

My Lords, I understand that point but, none the less, in the general background, how long can this basic madness go on after 44 years? Indeed, over the weekend, Defense Secretary Panetta issued a very serious warning to Israel about it being isolated in the Middle East. Surely Palestine cannot be the only country in the world denied statehood at the almost exclusive request of the USA and one other country. What next step in ethical British foreign policy will be taken to promote this matter?

[Lord Wallace of Saltaire]

My Lords, we certainly recognise that the case for progress on a two-state solution to the Israel-Palestine conflict has become more urgent as the pace of change across the region has quickened. The quartet issued a statement at the end of September in the context of the call for a vote in the UN, calling for negotiations to be resumed within a month. That, of course, has not succeeded. The quartet will meet again in a few weeks’ time. The possibility that negotiations will in effect end raises some very difficult questions for both parties in this conflict. Palestine remains an occupied territory. It has, however, with a great deal of support from the United Kingdom and others managed to build a number of the basic aspects of the framework for statehood. We welcome that, we have supported it, and we wish negotiations towards a two-state solution to resume as soon as possible.

Government: Commercial Lobbying of Ministers

Debate between Lord Wallace of Saltaire and Lord Dykes

Tuesday 25th October 2011 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, the coalition Government are committed to introducing a statutory register of lobbyists, and will publish proposals in the form of a consultation document next month.

[Lord Dykes]

My Lords, to what extent in the last 12 months has the senior corporate chairmen’s group visited No. 10? Will the Minister assess its influence in those regular visits and say how many have occurred?

[Lord Wallace of Saltaire]

My Lords, I do not have details on that, so I will have to write to the noble Lord about it.

European Union Bill

Debate between Lord Wallace of Saltaire and Lord Dykes

Monday 9th May 2011 Lords Chamber

[Lord Dykes]

As I hope my noble friend will agree, I have put my name to the amendments and wish briefly to address the House on them, following the remarks of the noble Lord, Lord Hannay. Although the noble Lord is no longer in the Chamber, he should receive the thanks of the House for revealing the shocking irony that Clause 6 is in many ways more obnoxious than Clauses 2, 3 and 4 in terms of what it does to weaken Parliament and, ironically, government and ministerial decision-making in European meetings which would take place as a result of the clauses.

Amendments 32, 33, 34, 35 and so on, including my noble friend’s amendments on the EPPO, try again to appeal to the Government to respond reasonably. There has already been a hint, to which the Labour spokesman referred, that the Government were beginning to listen to deep and genuine arguments from all parts of the House against the details of the Bill.

Amendment 32 and subsequent amendments remove the referendum condition from the beginning of Clause 6, to deal with items not covered in Clauses 2, 3 and 4. These are specified decisions postulated in the TEU or the TFEU that do not need a new treaty or Article 48(6) treatment, because the two categories listed mirror the list set out in earlier clauses; and the second category relates to the so-called one-way decisions that are by definition irreversible. Similarly to the previous clauses, especially Clauses 3 and 4, it would greatly improve the efficacy and good faith of the Bill if those subsections were either eliminated altogether or substantially amended to soften the harsh impact of the provisions.

The subsequent amendments in this cluster, under the names of the same promoters, would remove the referendum condition in other areas of decision-making. I will not go into great detail, but Amendment 33 omits the whole of Clause 6(2) to (6) and cancels the need for referenda on QMV, EPPO, social policy items, the environment and so on. Those are all worthy of consideration by the Government once again to reinforce and return power to the British Parliament, which has been seriously undermined by the constant nagging by the anti-Europeans that Parliament has somehow let down the British people about Europe. That is not the case in any evidential way, and we now need to restore the balance to the British Parliament—both Houses—in future. Incidentally, it is interesting to muse that according to page 9 of the Constitution Committee's report, if change in the House of Lords were covered by the definition covering abolition of either House of Parliament, then change in a fully elected House of Lords also should be the subject of a referendum. I bet that it will not be, bearing in mind what happened last Thursday.

Under the clause, no ministerial judgment is exercised on the transfer of power argument, because the primary legislation and referendum are automatic. There are no exemptions. Hence, on Europe Day, I am wearing the Europe tie in honour of the Schuman day. There is one European flag in Parliament Square—that is because it is Europe Day—and the member state flags as well, but Britain is the only leading member state where the European flag does not routinely fly on any government building. Perhaps my noble friend Lord Wallace would try to do something about that in future for the coalition Government.

[Lord Wallace of Saltaire]

I intervene to say that the Daily Express said that the British Government were being forced to fly the European flag on government buildings. The noble Lord has just demonstrated that that is a slight exaggeration.

[Lord Dykes]

I entirely accept that. Indeed, no member state is forced to fly the flag. It is interesting that in Germany, France, Italy and other countries, routinely, all or most government buildings fly the European flag as well as the national flag. We know that President Sarkozy, when he has a television interview, always has, alongside the tricolour, the European flag.

European Union Bill

Debate between Lord Wallace of Saltaire and Lord Dykes

Tuesday 22nd March 2011 Lords Chamber

[Lord Wallace of Saltaire]

I will move to that very briefly.

However, there is a problem of competence creep and that is part of what we need to address in improving the quality of parliamentary scrutiny on the full range of EU legislation. My noble friend Lady Falkner asked about work on the balance of competences, and the noble Lord, Lord Kakkar, talked about the problem of competences and the working time directive. I can confirm that, in line with the coalition agreement, work is now being undertaken to look at the issue of competences and at the way in which EU legislation is implemented in the UK, with concerns about overimplementation, and, extending from that, to look at issues of subsidiarity. We take the issue of parliamentary scrutiny of justice and home affairs particularly seriously. As noble Lords will be aware, my noble friend Lord Howell made a Statement last month setting out the Government’s intention to introduce new and strengthened arrangements for parliamentary scrutiny.

On the constitutional implications of the Bill, I am more and more struck as I listen to this debate, just as I was when I listened to the Parliamentary Voting System and Constituencies Bill debate, by the fuzzy nature both of the British constitution and of the understanding of it in this House. The Bill proposes a triple lock: resolutions in both Houses, Acts of Parliament and referendums. Much of the discussion that we have had today has been on one of these locks, the referendums, but I stress that parliamentary scrutiny and the improvement of it in both Houses is an important part of the Bill.

[Lord Dykes]

In view of the fact that three-quarters of the Members present in this long debate today spoke strongly and passionately against the Bill’s contents, particularly in Part 1, will my noble friend undertake that, if serious amendments are presented on the main clauses in Part 1, the Government will give them ample consideration and be sympathetic to changes?

Israel and Palestine: Deportations

Debate between Lord Wallace of Saltaire and Lord Dykes

Thursday 4th November 2010 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, the Government are extremely concerned about some of the developments in east Jerusalem at present.

[Lord Dykes]

My Lords, are the British Government concerned that—ironically, given that the Israeli Government are worried about the possible detention of Israeli military officers in the UK if they visit here—literally thousands of Palestinian detainees are still held in Israeli jails, including many from east Jerusalem, most of them without due, proper or thorough legal process? That detention is equivalent pro rata to twice our prison population. This scandal has gone on for many years. Most people do not bother to take an interest in it. Will the British Government now deal with this urgently with the Israeli Government and make the strongest representations about early releases?

[Lord Wallace of Saltaire]

My Lords, the noble Lord raises the question of universal jurisdiction, on which the Government will bring forward proposals early in the new year. This is not simply a matter that relates to Israel. Members will remember occasions when attempts were made to secure private arrest warrants against Henry Kissinger and the Chinese Trade Minister. On the number of people in Israeli jails, when we are attempting to build agreement for a two-state solution it does not help to have elected representatives of the Palestinian Authority in Israeli jails.