European Union (Withdrawal) Bill

Debate between Lord Wallace of Saltaire and Lord Hannay of Chiswick

Report: 4th sitting (Hansard): House of Lords
Monday 30th April 2018 Lords Chamber

[Lord Hannay of Chiswick (CB)]

My Lords, this amendment also bears my name and the names of other noble Lords. I will focus my brief remarks on the eventuality of the United Kingdom facing the prospect of leaving the EU in March 2019 without any deal having been reached between the EU and the UK on the terms of a withdrawal treaty, or on the framework for a new relationship between them. I will, too, set out a pretty compelling case for this eventuality to be covered if a parliamentary approval process is to be genuinely meaningful.

This House is no stranger to debate on the no-deal situation. When we considered the Bill authorising the Government to trigger Article 50 before the end of March 2017, we voted by a substantial majority for a meaningful process that covered the no-deal eventuality. The other House, where at that time the Government had a single-party majority, rejected that amendment, and we did not insist. We must, however, face the fact that this Government have never made any commitment to give Parliament any say on a no-deal outcome, although they have committed themselves—rather inadequately—to giving Parliament a say if a deal is struck. The rest of this amendment deals with those circumstances. In the no-deal scenario, there is a void—a vacuum. That is not really tolerable for such an eventuality.

I do not intend to speculate about what circumstances might give rise to this eventuality—that would be a bit of a mug’s game six months before the end of a negotiation. The Government seem to have put away their rather foolish mantra that no deal is better than a bad deal, which I welcome. Suffice it to say that until the final moment of the Brexit negotiations, no deal remains a possibility and needs to be provided for in any meaningful process of parliamentary approval.

On the substance of no deal, I say only that there is now a much wider understanding of the fact that it would be seriously damaging to our economy, as we fell back on WTO terms. The Business Committee of another place brought that out very cogently as recently as last week. There are plenty of other disadvantages outside the trade field if we were to find ourselves going over a cliff edge in March 2019, but this is not the occasion nor the time to have that debate about what the consequences of no deal would be. What needs to be debated today, and I hope decided, is to set out the fact, as subsection (8) of the proposed new clause provides, that Parliament and not the Executive needs to be the ultimate arbiter in such circumstances. I hope that we will establish that in this House at the end of this debate.

[Lord Wallace of Saltaire (LD)]

My Lords, my name is also on this amendment, and I wish to speak briefly on the role that this Chamber needs to play. We are a revising Chamber and we have spent some time looking at the detail of this extremely complex and important proposal to leave the European Union. We also have to be concerned with constitutional propriety, and we are rightly concerned that a referendum which was partly won on an argument to restore parliamentary sovereignty should not be allowed to lead to greater executive power.

As the noble Viscount, Lord Hailsham, said, the Prime Minister has promised that Parliament would be allowed a meaningful vote on negotiations once they are completed. The Secretary of State for DExEU has promised that the resolution presented to Parliament will cover both the withdrawal agreement and the terms for our future relationship with the EU. That should provide some reassurance against fears that most difficult issues are likely to be left for further discussion after the UK has formally the EU.

This amendment puts those promises into legislative form. It spells out the deadlines required to ensure that Parliament is permitted to scrutinise whatever is agreed in good time before the end of March next year. The amendment requires Commons approval by November 30 and Royal Assent by 31 January, and provides a backstop for ensuring parliamentary sovereignty if no agreement is reached by the Government by the end of February. The noble Lord, Lord Callanan, is quoted in today’s Daily Mail as saying that these are “false deadlines”. I hope that in replying as the Minister he will tell us, if these deadlines are to be disregarded, how the UK will get through the constitutional requirements for leaving the EU by the end of March 2019 and what deadlines he might propose instead.

We are acutely aware of divisions within the Cabinet and the Conservative Party about what form of customs arrangements ought to be acceptable. That is a fundamental issue which is not yet decided but which the Government ought to have resolved, at the latest, by the time that they triggered Article 50 some 18 months ago. In her Mansion House speech two months ago, our Prime Minister admitted that it is in Britain’s national interests to remain associated with many of the EU agencies that hard-line Brexiteers wanted to break away from. She promised in that speech a new security treaty with the EU, to ensure continuing co-operation in combating organised crime and counterterrorism, and a close partnership in foreign policy and defence. But we have been told almost nothing more since then about such important issues or about the compromises of sovereignty in the national interest which they would require. We risk a backlash from all sides when the terms for leaving are sprung at the last minute on an uninformed country.

Ministers have repeatedly assured us that negotiations are well on track, even though they will not tell us what they are doing, and that an agreement can be reached by October—in less than five months’ time. If that is true, this amendment offers no difficulties for the Government; if it is not true and the likelihood is that all that will be agreed by October is a loose statement of principles, with the hard details of our future relationship kicked down the track to be sorted out in the implementation period—as the Government like to call it—after we have left the EU, then Parliament needs to intervene. Leaving the European Union without a clear and detailed agreement on the future relationship would be a disaster for our economy, our foreign policy, our relationship with Ireland and our internal and external security. This amendment guards against that unfortunate outcome.

Tehran: British Embassy

Debate between Lord Wallace of Saltaire and Lord Hannay of Chiswick

Monday 2nd March 2015 Lords Chamber

[Lord Hannay of Chiswick]

To ask Her Majesty’s Government when they intend that the chargé d’affaires to Iran should be operating from a reopened British embassy in Tehran.

[Lord Wallace of Saltaire (LD)]

My Lords, the Government remain committed to reopening the British embassy in Tehran once we have resolved the outstanding steps required to bring the embassy back to a functional level and conclude the arrangements for re-establishing a visa service in Tehran. We are in ongoing discussion with the Iranian Government to identify solutions for both sides.

[Lord Hannay of Chiswick (CB)]

My Lords, I thank the Minister for that somewhat opaque reply. Do the Government agree that the case for establishing, on a continuing basis, a voice and a presence in Tehran is more compelling than it has ever been in the light of the ongoing negotiations on nuclear matters, whichever way they come out? Either they will be successful, in which case they will probably lead to a loosening of sanctions and considerable commercial opportunities for British businesses, with which they will need help, or Tehran will become the centre of one of the most dangerous world situations. We surely need to be there, raising our voice and reporting about what is going on.

Georgia

Debate between Lord Wallace of Saltaire and Lord Hannay of Chiswick

Wednesday 14th January 2015 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, a number of Georgian Ministers and officials visited Britain in late November for a dialogue—the Wardrop dialogue—chaired by the Minister for Europe. It included the Georgian ambassador-at-large for human rights. Therefore, we and other Governments are engaged in an active dialogue and we are offering all assistance that we can provide. Unfortunately, one of the factors that one has to be aware of in Georgia is that although we are deeply uneasy about what appear to be political prosecutions of members of the former Government, these are actually quite popular within Georgia itself, as far as one can see from public opinion.

[Lord Hannay of Chiswick (CB)]

My Lords, does the Minister recognise that there is a long and bad story in Georgia, and it needs help to get out of it? The present Government were voted into office because of the revulsion of Georgians at the treatment in jail of prisoners by the previous Government, many of whose members—and it is right that we should ensure this—are now being treated properly under the rule of law. But it is a long story and the country is under considerable pressure, like some others in the former Soviet Union, and it needs our help as well as a bit of chivvying.

[Lord Wallace of Saltaire]

My Lords, we are all aware of the very delicate circumstances in which Georgia has to operate, with two regions that have broken away and are under, effectively, a close relationship with Russia. We are also aware that it is unusual in that Mr Ivanishvili, the richest man in Georgia, has close but now unofficial relationships with the current Government. Georgia is a very fragile democracy and we are doing all we can to provide help.

Sri Lanka

Debate between Lord Wallace of Saltaire and Lord Hannay of Chiswick

Monday 24th November 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, the British Government and others are talking about the best way in which to make sure that there is effective monitoring of the elections. We will of course be raising such issues with the Sri Lankan Government.

[Lord Hannay of Chiswick (CB)]

My Lords, can the Minister say what progress is being made with the United Nations Human Rights Council inquiry into the behaviour of all parties, including the Tamil Tigers, and if the Government of Sri Lanka are giving any signs of co-operation with that at all?

[Lord Wallace of Saltaire]

As the noble Lord is aware, the UN High Commissioner for Human Rights has just reported that he is not receiving the co-operation which he needs from the Sri Lankan Government.

European Union Committee: Report on 2013-14 (EUC Report)

Debate between Lord Wallace of Saltaire and Lord Hannay of Chiswick

Thursday 24th July 2014 Lords Chamber

[Lord Wallace of Saltaire]

We all understand that that is part of the problem and the pressure, and we are doing our utmost to look at that as well. I also take the point made by the noble Lord, Lord Hannay, that effective scrutiny necessitates the earliest possible engagement with developing areas of policy, looking at work programmes and strategic views.

I am glad that the noble Lord, Lord Boswell, feels that the Government’s scrutiny performance has improved somewhat in the last year. It is one of those things on which we all have to maintain the pressure. Civil servants are always very busy and Ministers always have too many things in their in-tray, but we have to keep up the pressure on all that.

The noble Lord, Lord Bach, asked whether the Government’s evidence on the abuse of free movement rights could be shared with the House. Much of that is in the free movement of persons paper that was published on Tuesday. Having been very closely involved in negotiations over that paper, I might say that the evidence is not always entirely clear; that is part of the problem in discussing questions of free movement of persons and labour and the abuse of free movement rights. That is partly because we do not have exit controls in this country and partly because we do not collect all the central evidence. For example, I questioned at one stage an academic study that suggested that there were 40,000 British citizens receiving benefits in other states in the EU. That is an academic estimate, but nobody is entirely sure whether that is an exact figure. So there are many problems in addressing that very complicated issue.

The noble Earl, Lord Caithness, asked whether the UK had been diffident in its approach to the financial transaction tax. The Government have been very closely engaged with this issue since publication and, indeed, took a case to the European Court of Justice on that issue to raise the question of how far it would be appropriate for the European Union to move on that subject. We remain actively engaged.

The noble Lord, Lord Tugendhat, talked about the Transatlantic Trade and Investment Partnership. That will be a central but extremely difficult issue for the coming year; we know that there will be lobbies not just in France and elsewhere but in this country that will want to raise negative issues about TTIP. That is something that we will clearly have to follow.

May I say, as spokesperson for the Cabinet Office and therefore dealing with a lot of data sharing issues, that I would welcome the European Union Committee looking further at aspects of the digital single market as well as data sharing and data protection? Some months ago, I asked for a briefing within Whitehall on the digital single market and officials from five different departments came to brief me, demonstrating just how complicated an issue it is. After all, this is all one issue in a complex, multi-levelled set of issues for government that is driven by the speed of technological change. I am constantly struck by how much faster technology is taking us down the road to online, cross-border transactions than we previously understood. The digital single market is a major priority in the Government’s drive for EU reform and it is part of the extension of the single market to services, as services and manufacturing intertwine and overlap. It will be a difficult issue also in TTIP, as data regulation, the cloud and the role of the US service providers hit the issue of data protection.

I am conscious of the time. I hope that I have answered most of the issues, but I see that there are one or two questions still to come.

[Lord Hannay of Chiswick]

Before the Minister sits down, I understand why he is in some difficulty in addressing the point that I raised about the claim that national parliaments are “the basis” for real legitimacy in the European Council, not in the European Union, not “a basis” for it. Of course he cannot take back the words that, alas, have been written in the response to the national parliament role report, but we are going to debate it again and I hope that he will report back to his colleagues the dangers they are taking if they turn the question of strengthening the role of national parliaments into a contest with the European Parliament. They will not get anywhere if they do that. It has to be pursued as a matter in which both national parliaments and the European Parliament have a role in assuring the democratic legitimacy.

[Lord Wallace of Saltaire]

I very much take that point. The new European Parliament is a rather more difficult body with which to co-operate than its predecessor, but I think it is extremely important nevertheless that we do co-operate. I am in the middle of making arrangements to go out myself with one or two others in September to talk to new Members of the European Parliament, British and others, with whom, of course, we must co-operate.

Ethnic Minorities: Ministers’ Statements

Debate between Lord Wallace of Saltaire and Lord Hannay of Chiswick

Monday 3rd February 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, they are dealt with by the Cabinet Secretary. The only other case I am aware of during the last year was where a Minister was thought to have referred to electoral fraud within the south Asian community in an unfortunate fashion. The Minister responsible apologised immediately.

[Lord Hannay of Chiswick (CB)]

My Lords, would the Minister not agree that his very welcome words about Ministers being careful about using any words that might encourage racism or xenophobia would be rather more believable if the Government were not opting out of the European Union’s decision on racism and xenophobia?

[Lord Wallace of Saltaire]

My Lords, the noble Lord makes an extremely strong point. I offer no further comment than that.

Iran

Debate between Lord Wallace of Saltaire and Lord Hannay of Chiswick

Monday 25th November 2013 Lords Chamber

[Lord Wallace of Saltaire]

I thank the noble Baroness for her compliments to the Foreign Secretary and others. We hope that this will prove to have been a remarkable moment in history, but we do not yet know; the test will be in the negotiations that take place over the next year. There is no doubt that sanctions and the extent to which they were biting in Iran have played a major part in shifting opinions in the Iranian regime in all its complexity, and certainly among the Iranian public.

In response to the noble Baroness’s questions, of course we would like to see a tougher, enhanced IAEA regime that spreads to others. I suspect that the noble Baroness knows a great deal more about this than I do, since I know that she has been involved in a lot of international discussions on this matter. That is one of the things that could grow out of these negotiations. The joint commission will, of course, be concerned with implementing the agreement. The first visit of the chargé already appointed is likely to take place in the next few weeks, and we may hope that, from that, other relationships may grow—but that will be something that we all have to work for as we work through these still complex and delicate negotiations.

[Lord Hannay of Chiswick (CB)]

I add my congratulations to the Government on the conclusion of this interim agreement and to the noble Baroness, Lady Ashton. I hope that the Minister will find some way of conveying to her the views that have been warmly expressed in this House this afternoon. She has put in a huge effort.

This is the first step, as the Minister says, away from this conflict and others in the Middle East. Does he agree that, while it is clearly right that Israel’s concerns over Iran’s nuclear program should be treated seriously, attempts by the Prime Minister of Israel to prevent or perhaps now to wreck this agreement would be counterproductive and, in fact, against Israel’s long-term interests? Does he also agree that Saudi Arabia and our other friends in the Gulf ought to be brought to understand that a non-nuclear weapon state Iran could and should be a genuine regional player in the Gulf region? Finally, does he agree that the British Government should urge those points and use their influence in Washington with those who are most critical of the agreement to explain why the British Government believe that this is the right way forward?

[Lord Wallace of Saltaire]

My Lords, we are all conscious of nervousness in a number of other states in the Middle East about this agreement. We are persuaded that this enhances the security of Israel. The alternative, which might have led to a military attack on Iran, would have jeopardised a whole range of issues about the long-term security of the Middle East. We have said that to our Israeli friends. The Prime Minister spoke to Mr Netanyahu in the middle of the previous round of negotiations on 9 November and will no doubt be talking to him again. We have been saying the same to our friends in Saudi Arabia and the various Gulf states. We have many active diplomats and friends in Washington who will be saying the same to the American Congress; but the noble Lord knows that American politics are even more complex than those of most other states.

Nuclear War: International Conference

Debate between Lord Wallace of Saltaire and Lord Hannay of Chiswick

Wednesday 6th November 2013 Lords Chamber

[Lord Hannay of Chiswick (CB)]

My Lords, will the Minister be able to say what attitude the US Government are taking to attending the Mexico conference? Could it possibly be that we are just waiting to see which way they jump? If so, is that the best way to approach this matter?

[Lord Wallace of Saltaire]

My Lords, the United States has also not yet taken a decision. My understanding is that the other members of the P5 are unlikely to attend. I suspect that the considerations of the US Administration may not be totally dissimilar from those that are concerning the British Government.

Syria: Peace Initiative

Debate between Lord Wallace of Saltaire and Lord Hannay of Chiswick

Tuesday 15th October 2013 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, this has been a joint US-Russian peace initiative, it is not purely a Russian-led one. We welcome the constructive response that the Russian Government are now making on Syria and we hope and expect that the Russians will ensure that President Assad and his regime are represented at the Geneva II peace conference when it meets at the end of November. We hope and expect, but we do not yet know.

[Lord Hannay of Chiswick (CB)]

Will the Minister correct the noble Lord who spoke before and remind him that the idea of getting Syria to surrender its chemical weapons was raised in this House rather before President Putin raised it? More seriously, will he state that in the event of Syria transgressing the Security Council resolution, the Government would not necessarily be bound by the vote that took place in the other place at the end of August?

[Lord Wallace of Saltaire]

My Lords, we have to recognise—and I say this as a Liberal who believes in international order and is very reluctant to condone the use of force—that without the threat of force we might not have reached the position we have so far reached in Syria. Just as with the opening to Iran, without the very extensive sanctions against it we might not be having the discussions that we are now having with the Iranian Government. One has to use diplomacy as far as one can, but the big stick behind it sometimes helps.

Israel and Palestine

Debate between Lord Wallace of Saltaire and Lord Hannay of Chiswick

Thursday 10th October 2013 Grand Committee

[Lord Hannay of Chiswick (CB)]

My Lords, ever since President Obama’s new Secretary of State, John Kerry, began, as his top priority, to reassemble the well-worn components of that oxymoron known as the Middle East peace process, he has been subjected to a deluge of denigration, disparagement and weary cynicism from the serried ranks of pundits, many of whom have broken their teeth on that problem over the years. Now, with the removal of Syria’s chemical weapons and the convening of a Geneva 2 conference aimed at ending the Syrian civil war taking centre stage, that chorus is, if anything, louder. Is that disparagement justified as simple, common-sense realism, or is it a short-sighted unwillingness to recognise an opportunity where one really exists? I unhesitatingly argue the latter, which is why I welcome the noble and gallant Lord’s initiative in initiating this debate.

One reason for thinking that there is an opportunity, oddly, is because the Arab-Israeli dispute is not, for once, the focus of diplomatic preoccupations in the Middle East. That could be an advantage. In the past, excessive public focus on the issue has often led to the rhetorical radicalisation of the respective negotiating positions of the parties. Perhaps all concerned should reflect on whether they can be quite so sure that the outsiders on whom they rely will be ready to pull their chestnuts out of the fire in some future conflagration.

That thought could concentrate the minds of the Israelis, whose US backers seem increasingly dubious about any direct military involvement in the Middle East. It could also concentrate the minds of the Palestinians, whose Arab backers are focusing their efforts on other problems—domestic in the case of Egypt, and international in the case of Saudi Arabia. It could also influence Hamas, which is increasingly bereft of external support. If those trends get the direct parties to the dispute to focus on their own negotiating positions, and on compromises that they will need to strike if a peace deal is to be achieved, the prospects for progress could be improved.

Then there are more classical arguments for giving this renewed effort to reach a negotiated solution a real chance. We should not delude ourselves; the fact that the Arab-Israeli dispute is not currently centre stage does not mean that it has lost any of its explosive potential. Indeed, the fact that we almost certainly face several decades of instability in the Middle East, as the aftershocks of the Arab awakening work themselves out, only increases that potential. Meanwhile the continued Israeli settlement building on the West Bank inevitably pushes the situation towards insolubility and drives Israel towards something that it is no hyperbole to call an apartheid regime. These outcomes must surely be avoided if they possibly can be.

Are there any new elements that could usefully be injected into the process without destabilising it? One such idea might be to give more serious consideration to the guarantees that could be entrenched, both for Jewish minorities in a future Palestinian state, and for Arab minorities in Israel. This aspect has been neglected for far too long. Does it really make sense to think that every single Jewish settler will need to be removed—by force if necessary—from the territory of the Palestinian state, and that the substantial Arab population of Israel should be treated for ever as second-class citizens? I doubt it. That said, the logic of the situation is that outsiders—influential as they inevitably are and will be, and necessary as effective supporters and perhaps guarantors of any negotiated solution—should be less prominent than they have been in the negotiating process. Rather than negotiating, they should be talking with all those who will need to be party to any settlement. I urge—as I have done an awful lot of times—that we should be ready to talk to anyone who is prepared to operate within the scope of the Arab peace initiative. That should include Hamas.

It will be interesting to hear the Government’s views on this, and I hope that we will not remain, as we were in the past, too chained to the axle of American policy. The US is in a different position from us and I hope that we will be able, with our European partners, to play an active role in the months ahead.

[Lord Wallace of Saltaire (LD)]

My Lords, we are very tight on time. If noble Lords could be very strict in sitting down as soon as they see the four minutes come up, I should be grateful.

European Union Committee: 2012-13 (EUC Report)

Debate between Lord Wallace of Saltaire and Lord Hannay of Chiswick

Tuesday 30th July 2013 Lords Chamber

[Lord Wallace of Saltaire]

Advocates-General. The question of more judges is now about to come up.

On the question of students and migration, I will write to the noble Lord, Lord Hannay. However, I will say now that the government line is that students who stay here for three to four years are not necessarily temporary visitors. That is one reason why the question of what role they play in the statistics is important. As the father of a student who went to the United States seven years ago and who I hope will come back to the United Kingdom one day, I am very conscious of the tensions.

[Lord Hannay of Chiswick]

I would like to save the Minister from sending an unnecessary letter in the Recess. This is not about statistics. I have said it an awful lot of times. Others, including the noble Lord, Lord MacGregor, in the debate that he initiated, also said it. It is about government policy and the impact of that policy on immigration and on our higher education sector. That was what the senior member of his party who is a member of the Cabinet referred to. I ask him to send me a letter not about statistics but about how the Government will give effect to the international education strategy that was put out by David Willetts yesterday and which, I am afraid, is not totally consistent with the Government’s immigration policy.

[Lord Wallace of Saltaire]

My Lords, I guarantee that I will look at the strategy of the Minister for higher education and will consult further.

The noble Lord, Lord Bowness, asked about a Eurojust opt-in. The Government are now consulting on the new Eurojust proposal, which was published on 17 July as part of a package, alongside a proposal for a European public prosecutor’s office. We have been clear that the UK will not participate in the establishment of a European public prosecutor’s office, so we are now considering how to respond to that.

One thing that I hope the committee will focus on in the coming year is the area of European data protection. This applies to domestic legislation in Britain—we may have a data-sharing Bill in the next Session—and applies also at European level. When it comes to negotiation with the United States, data protection and data-sharing are becoming—as we all know and see from the German elections—a highly sensitive area in which the expertise and expert contribution of the Lords European Union Committee could be extremely valuable. A number of noble Lords have talked about democratic accountability—

--- Later in debate ---

[Lord Hannay of Chiswick]

My Lords, I am sorry to interrupt again, but I have to tell the noble Lord that the Select Committee did, in fact, recommend that the Government opt in to the data protection directive currently under negotiation in Brussels. Mirabile dictum, the Government did opt in.

[Lord Wallace of Saltaire]

My Lords, the final shape of the data protection directive is by no means clear. We are a very long way from a final text. I merely wish to insist that it needs to be kept very well under review.

I move on to democratic accountability. The role of national parliaments and closer co-operation among national parliaments, of the sort that the noble Lord, Lord Kerr, and others talked about, is very much a direction in which we should be moving. The yellow card mechanism is developing. I do not agree with the noble Lord, Lord Howell, that it is not a workable mechanism. Closer co-operation between national parliaments; better use of the Brussels office, which we have and share with others; rapid provision of Explanatory Memorandums; and, as the noble Lord, Lord Kerr, also said, closer co-operation with British Members of the European Parliament should help us demonstrate to our publics that we are actively engaged in scrutinising the necessary involvement of the United Kingdom in a whole range of regulations at the European level, but also to make sure that we are feeding into the Brussels bubble the active concerns about subsidiarity that we and many other publics have.

This has been a very wide debate, and I simply want to end by pointing out that Her Majesty’s Government are committed to staying within a reformed European Union. We are working with others to promote that agenda. I was very pleased yesterday to read from the Foreign Office a number of telegrams about the positive reaction of other member Governments to the first balance of competences papers. We are already talking to a number of other Governments about how we might share an agenda for reform. That, I hope, has the support of all members of party and non-party groups in this House. I very much look forward to the further valuable contributions that the European Union Committee of this House will continue to make. I will do my utmost within government to ensure that members of the Government—even the Treasury—co-operate as fully and as promptly as possible with the continuing of the committee.

EU: UK Membership

Debate between Lord Wallace of Saltaire and Lord Hannay of Chiswick

Thursday 13th June 2013 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, the European Union is a continuous process of negotiation. We are pursuing a multilateral reform agenda and, indeed, in the past few months a number of things on that agenda have been achieved. We were committed to containing the growth of the European Union budget and the multiannual financial framework agreement has achieved that. We have been committed, as indeed were the previous Labour Government, to extensive reform of the common fisheries policy; that has now been more or less achieved. We were committed to an EU patent court; that is now here. There is a range of further items that we wish to pursue and we will do so with like-minded member Governments, many of whom share our concerns, through the processes of multilateral negotiation.

[Lord Hannay of Chiswick]

My Lords, does the Minister agree that one of the best ways of ensuring that great concerns are not caused by British European policy would be to accept the sage advice of the Foreign Affairs Committee in another place? In its report published earlier this week it said that the way to proceed is through a broad, positive reform agenda for the EU as a whole and not by devising new cut-outs for the UK. In the effort that the Government are making to talk at all levels with the German Government, which I strongly welcome, please do not forget—and I hope that the Minister will say that he has not forgotten—about the need to talk to France, too, because unanimity is needed to get many of these changes.

[Lord Wallace of Saltaire]

My Lords, we have certainly not forgotten about France or the other 25 members of the European Union. Bilateral discussions and multilateral negotiations are a constant process. We welcome the report from the Commons Foreign Affairs Committee and I recommend it to Members of this House.

EU: Subsidiarity Scrutiny

Debate between Lord Wallace of Saltaire and Lord Hannay of Chiswick

Tuesday 5th March 2013 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, the noble Lord uses his characteristically robust and colourful language. There is always a tension between the time that national Parliaments wish to take for scrutiny and the pressures that national Governments, including our own, may wish to give to taking decisions. There are those in national Parliaments who regard the eight-week limit for taking a scrutiny decision as unfortunate, but I am informed by those who know the Brussels situation better than I do that the earlier national Parliaments submit reasoned opinions in the process of negotiation, the greater effect they have.

Reasoned opinions in the form of reports issued by the European Committee of this House are widely respected throughout the European Union in other national Parliaments and elsewhere. I recall with delight a Member of the European Parliament being appointed to head a committee in the European Parliament. He was asked by his clerk to start by reading three documents, two of which were reports from the House of Lords EU Committee.

[Lord Hannay of Chiswick]

My Lords, would the Minister not agree that in the short period of time that the yellow-card system has existed, the main lesson to draw is that we have to get better at enlisting other national Parliaments when we use the yellow card because that is the shortfall? Will he confirm that on the one occasion when it was used, the Commission withdrew its proposal—the Monti II proposal? Will he also confirm that the right to take action in the Court is one for this House, not the Government under the Lisbon treaty?

Georgia

Debate between Lord Wallace of Saltaire and Lord Hannay of Chiswick

Tuesday 11th December 2012 Lords Chamber

[Lord Hannay of Chiswick]

I have asked a question.

[Lord Wallace of Saltaire]

I thank the noble Lord for those comments. The previous Government were not perfect. There is a very large prison population in Georgia and prison conditions were clearly awful. The current Government are not perfect either; media freedom is still very limited, but we have to do what we can to encourage a process of transition to full democracy, which is still under way.

European Union Committee Report

Debate between Lord Wallace of Saltaire and Lord Hannay of Chiswick

Monday 26th November 2012 Grand Committee

[Lord Wallace of Saltaire]

I stand corrected. I am not sure whether the justice and home affairs inquiry has yet taken evidence from the Irish Government, who have a clear stake in the question of the opt-out or the opt-in. It may be that the Irish Government—

[Lord Hannay of Chiswick]

Just to enlighten the noble Lord, as he has effectively asked a question, the call for evidence does address the Irish dimension. It will, of course, be a matter for the Irish Government to decide whether or not to offer evidence. I do not think that we should go around telling other Governments what they should do. It has been made clear to them that evidence would be extremely welcome.

[Lord Wallace of Saltaire]

I thank the noble Lord very much for that. I happen to know that there are those within the Irish Government who are enthusiastic about coming to give evidence, and I look forward to them accepting the invitation that has been made.

The wider issue we all face is the gap between globalisation—internationalisation—and publics who regret the extent to which power is slipping away from local control. Last summer I read an excellent book by Dani Rodrik, the Turkish economist who is now at Harvard, on the limits of globalisation in which he talks about the underlying contradiction between popular desire for stability, local control and understanding what has happened, and the driving forces of a global economy—the global social elite, immigration, et cetera—that appear to be taking power away from the local level and sweeping away autonomy, identity, sovereignty and democratic accountability. That is the tension that we all face. In the United States the American Tea Party takes it out on international law, international organisations and the federal Government. In Britain, by and large, our often disturbed and discontented public take it out on the European Union. Part of what we have to do is address that contradiction to see how far we can persuade our public that some of the regulation that now appears to them to be imposed from the European Union is unavoidable, desirable and necessary, and to persuade the European Union in return that it should not attempt to regulate everything in sight or expand its competences too far.

EU Council

Debate between Lord Wallace of Saltaire and Lord Hannay of Chiswick

Tuesday 31st January 2012 Lords Chamber

[Lord Hannay of Chiswick]

My Lords—

[Lord Wallace of Saltaire]

Shall we hear from the Cross Benches and then Labour? We have not yet heard from the Liberal Democrats. We may go around the Benches and there is plenty of time.

[Lord Hannay of Chiswick]

I join the noble Lord, Lord Brittan, in saying that the Prime Minister was extremely well advised not to contest the use of the institutions in the context of this intergovernmental agreement. I would only add, gently, that you cannot reserve your position on a decision that you are not a party to.

Can the Minister now answer a question that I have been asking with a certain persistence without getting any answers: what provisions in the intergovernmental agreement are objectionable to the British Government? He has just spoken warmly about Article 2, and I imagine that he could speak quite warmly about most of the other articles, so why are we not joining the agreement? It is a little difficult to understand. Perhaps the Prime Minister let the cat out of the bag when, with a look of some relief on his face—at least it looked like that on my television set—he said, “Nothing to sign. Nothing to ratify”—and, he might have added, “Nothing to make me run the gauntlet of my Back-Benchers”.

EU: Repatriation of Powers

Debate between Lord Wallace of Saltaire and Lord Hannay of Chiswick

Tuesday 6th December 2011 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, the problem of creeping competence has been there for some time. I remember a pamphlet published 10 years ago by a rather bright young man, whom my wife once taught, called Nick Clegg on doing less better. That is what many of us want to achieve in Brussels. We all know that the Commission sometimes wants to take powers over everything. I regretted that there was a report the other week from this House’s EU Committee on Commission proposals for closer co-operation on grass-roots sport. It seems to me that grass-roots sport ought to be left to the grass roots and that sport at the international level should be dealt with by the EU. That is a reasonable, long-term proposal. Liberal Democrats have held that view for a long time and continue to hold it, perhaps against the centralisers at the European level within the Labour Party. I see the noble Lord shaking his head.

[Lord Hannay of Chiswick]

My Lords, what would the Government’s response be if, in the intergovernmental conference about to meet, a member state other than Britain were to introduce a proposal for the repatriation of some portion of the single market?

[Lord Wallace of Saltaire]

My Lords, I am happy to say that that is extremely unlikely. We are some way off an intergovernmental conference. The German Government believe that we can have a very short IGC next March and hope that ratification of limited treaty change can then take place by the end of 2012. The position of Her Majesty's Government is that treaty change is not necessary, as we argued when ratifying the Lisbon treaty and again on the EU Bill. The Lisbon treaty has an enormous amount of headroom under which powers can be taken, and we think advantage should be taken of that, rather than getting into the messy, unavoidably uncertain and long process of treaty change.

Palestine

Debate between Lord Wallace of Saltaire and Lord Hannay of Chiswick

Monday 5th December 2011 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, a great deal of unhelpful statements are being made on both sides. It was brought to my attention that one British national newspaper the other week published an advertisement by the Israeli Ministry of Tourism that showed the state of Israel as including Judea, Samaria and the Golan Heights. That is not entirely helpful for an agency of the state of Israel, either. There are real problems, and both sides recognise that. If we concentrate on the problems on both sides, we will not get back to negotiations, which is, above all, what we need to do.

[Lord Hannay of Chiswick]

My Lords, if the matter were to come before the United Nations General Assembly and the proposition was that Palestine should be given a status higher than its existing one, and one that has been used in the past by sovereign independent states such as Switzerland, would we in that circumstance be able to vote for it?

[Lord Wallace of Saltaire]

My Lords, there is not yet a proposition before the General Assembly. When that emerges, we will take our decision in the light of our commitment to make sure that everything that is done promotes negotiation between the two parties.

European Union Bill

Debate between Lord Wallace of Saltaire and Lord Hannay of Chiswick

Monday 9th May 2011 Lords Chamber

[Lord Wallace of Saltaire]

As a hypothetical situation, at that point it would because it would be a change in power and competence. The enhanced co-operation itself would not. That is the distinction. Let me reiterate: a Minister can make very clear that the Government support a decision but that they must also seek the necessary approval of Parliament and the public first. Britain is not alone in this respect. This is the way in which national Governments very often have to proceed.

[Lord Hannay of Chiswick]

Now that Minister has dealt with enhanced co-operation, can he go back to the chicken and the egg? It would be quite nice to know how he thinks the Council will conduct itself in taking decisions in this matter. This is nothing whatever to do with absence from the Council, which is a complete red herring. This is about what you do in a matter that requires unanimity. Without unanimity, there is no decision in any of the matters that we are talking about. I think that that is common to the understanding of everyone in the House. How is that unanimity achieved so that the British Government can submit the matter to their Parliament or to the public through a referendum if they have not expressed a view, because then there is no unanimity? There is a serious chicken and egg problem here.

European Union Bill

Debate between Lord Wallace of Saltaire and Lord Hannay of Chiswick

Tuesday 5th April 2011 Lords Chamber

[Lord Wallace of Saltaire]

We have had a technical debate—thank goodness, in a sense. I shall dash back home and get my European Union juriste linguiste dictionary and look at one or two translations of terms, particularly “power” and “competence”. I recall some years ago, in the early discussions on Schengen and British border controls, explaining to a French audience the difference between border checks and border controls, the former being selective and the latter systematic. It was explained to me that the translation into French of “check” is “contrôle” and the translation of “control” is “contrôle”. The subtlety of the English language did not easily play in French. This may be part of what we are getting at here.

The amendment raises some interesting questions about parliamentary sovereignty, as the noble Lord, Lord Davies of Stamford, recognised, and about the evolution of judicial review. I take it as given that ministerial decisions will be made in the first place to Parliament. Noble Lords will be well aware that the Government are taking through, as part of a package that includes this Bill, a number of measures to improve parliamentary scrutiny of new legislation. Ministerial decisions would, therefore, go in the first instance to the scrutiny committees of both Houses and would be examined fully by both Houses.

In the evolution of judicial review, which, as we all recognise, has become a good deal more active in recent years, whereas ministerial judgments are frequently subject to judicial review, judicial review of parliamentary decisions is a great deal more hesitant. The Solicitor-General said in the other place:

“Judicial review has increasingly become part of the legal armoury since the second world war. Ministers, whether of the present Government or the last, are not above the law, and it is for our independent judiciary to arbitrate, through judicial review cases, in disputes between the citizen and the state. The courts apply the laws enacted by Parliament, and Parliament can make, amend and repeal legislation as it thinks fit”.—[Official Report, Commons, 18/1/11; col. 691.]

The evolution of judicial review, it seems to me as a non-lawyer, is therefore likely to take a rather different approach to ministerial judgments on executive issues and ministerial Statements, which have been thoroughly scrutinised and accepted by Parliament. I hope that that begins to explain why, in the Government’s opinion, this amendment is not necessary. I have absolutely no doubt that there will be those who will wish to apply for judicial review of all ministerial decisions related to the sharing of powers within the EU. We have seen that already. That is precisely why one of the measures that we are taking to try to rebuild public trust in our engagement with the EU is to propose a strengthening of parliamentary engagement and scrutiny to ensure that the Government are not trying to slip things past people but are being increasingly transparent.

In the case of the judicial review brought by Mr Stuart Wheeler in connection with the treaty of Lisbon, the European Union (Amendment) Bill had received Royal Assent before the judgment of the court had been handed down. The issue was whether the Government should ratify before the process of judicial review had been completed. It is quite clear that a Government would not proceed to ratify a treaty amendment until a process of judicial review had been completed, although I think it unlikely in the extreme in the delicate relationship between our common-law judiciary and a sovereign Parliament—

[Lord Hannay of Chiswick]

The Minister has gone into an interesting point, which I wanted to ask about. The Stuart Wheeler case is relevant because there were attempts by a number of people to suggest that Parliament should suspend the completion of the ratification process until the judgment on the case was reached. The Government of the day declined that, correctly in my view, but the noble Lord is quite right that the deposit of the instrument of ratification took place after the court had ruled. It is not quite that the ratification was not complete; the deposit of the instrument of ratification, which is the last stage, had not happened. Am I taking it from him that the Government’s view will be in future that, if this sort of situation arises, they will not interrupt the parliamentary process of taking a decision on the European Union matter that is before them, so that the only impediment will be to the final deposit of an instrument of ratification and not to the completion of the parliamentary ratification?

[Lord Wallace of Saltaire]

My Lords, the noble Lord is raising a point whose subtlety is close to that with which juristes linguistes deal. My notes say that the Government would not complete ratification until a judicial review challenge had been taken. I have also been suggesting to noble Lords that a stronger parliamentary engagement and oversight in examining a ministerial judgment would make judicial practice in accepting claims for judicial review less likely in the future.

[Lord Hannay of Chiswick]

I do not think that we need pursue this matter this evening, but can the Minister be more precise when we come to that point at a later stage in the Bill? It is quite important. If the Government’s attitude is going to be that they will stop the process in Parliament while the legal process is going on, that is a completely different thing from saying that they will not complete the process by depositing an instrument of ratification until that is over. Will he clarify that point at a later stage or in writing?

[Lord Wallace of Saltaire]

I am happy to do so. I recognise that there are a number of complex judicial as well as parliamentary sovereignty issues at stake, some of which we will return to later, but I offer that assurance to the noble Lord and I hope that I have answered some of the questions raised by the noble Baroness.

--- Later in debate ---

[Lord Wallace of Saltaire]

My Lords, I have scars on my back from the extent clause. I have tried on previous occasions to raise the question of the extent clause and the conditions under which UK legislation applies to the Crown dependencies. This is a very arcane area.

[Lord Hannay of Chiswick]

My Lords—

European Union Bill

Debate between Lord Wallace of Saltaire and Lord Hannay of Chiswick

Tuesday 5th April 2011 Lords Chamber

[Lord Wallace of Saltaire]

In either sense, if it was a mandate, the Labour Government did not fulfil it.

The noble Lord, Lord Hannay, asked me why the Government had not yet replied to the Constitution Committee. I have seen the Government’s response, which was submitted to the committee last week—last Wednesday, I believe. I do not understand why it has not yet been published, and I very much hope that it will be published within the next few days.

[Lord Hannay of Chiswick]

I would be grateful if the Minister would not play hide and seek with this matter. Presumably, if it has been transmitted, he knows what is in it. Could he just say what it says?

[Lord Wallace of Saltaire]

That would take me a long time. I assure the noble Lord that I will make sure he gets a copy as soon as possible and that it is published as soon as possible.

European Union Bill

Debate between Lord Wallace of Saltaire and Lord Hannay of Chiswick

Tuesday 22nd March 2011 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, we shall move into an extensive Committee stage. Of course the Government will give full consideration to the various amendments that are tabled.

I was simply going to conclude by saying that much of the determination to improve the time and effort given to parliamentary scrutiny is indeed addressed to the other place more than to this House. The intention is to focus the attention of MPs on the flow of EU business and on UK involvement in that business.

I turn to referendums. Some are against them in principle; some think it likely that the Bill will lead to too many, while others fear that it will not lead to any. I say simply that we think it unlikely that many of the single issues that are listed in Clauses 4 and 6 and in Schedule 1 are likely to come up on their own. We recognise that the EU often moves through package deals and major treaty changes, and that at the next major treaty changes it will be appropriate to have a referendum on the entire package. However, we do not expect there to be any matters for treaty change in this Parliament. When major changes are negotiated and passed, the British Government, having agreed to those changes, will of course recommend a yes and will campaign for it. They will have to persuade, to win over public opinion and to carry the country with them to gain public trust. That is one of the underlying purposes of the Bill.

I move on to Clause 18, about which we have heard a large number of critical comments—

[Lord Hannay of Chiswick]

My Lords, I ask the Minister not to pursue the road that he is about to go down. I think that it is common ground on all sides of the House that no one wants to see a major reform of the European institutional arrangements in the near future. However, in order to get out of the mess that he has got into with this mass of trivia that can be subjected to individual referendums, he now tells us that we can all relax because we can have a big package that will deal with them as one. Please—please—do not.

[Lord Wallace of Saltaire]

The noble Lord is well aware that we have had major and minor amendments of the treaty, but in each case and on each occasion they have covered a range of issues.

Clause 18 is a declaratory clause. There is nothing wrong with having a declaratory clause; Magna Carta was intended to be a declaration of existing rights of the members of the public in Britain who mattered in those days—the Peers—but it reasserted what they understood to be the existing situation.