European Council

Lord Wallace of Tankerness Excerpts

Monday 18th December 2017 Lords Chamber

[Baroness Evans of Bowes Park]

We certainly are working closely with our European partners and are committed to playing our full part in tackling the shared challenges posed by the global migration crisis. As the Statement said, we are committed to maintaining a maritime presence in the Mediterranean. The Royal Navy has intercepted 172 smuggling boats and saved more than 12,000 lives since Operation Sophia began. We are continuing the deployment of the Border Force cutter to the central Mediterranean to support the search and rescue activities under Operation Triton. To date, cutters have rescued more than 13,000 migrants across the central Mediterranean and Aegean. We are taking our responsibilities extremely seriously and are working with the EU in terms of looking at where these migrants are coming from and trying to help stabilise states. We take this extremely seriously and will continue to work with the EU, the UN and international partners to make sure that we work together to tackle this problem, because together is the only way we will achieve it.

[Lord Wallace of Tankerness (LD)]

My Lords, in her Statement on 23 October, the Prime Minister referred to,

“a time-limited implementation period based on current terms”.—[Official Report, Commons, 23/10/17; col. 25.]

Of course, today she has said that if we Brexit in March 2019, we would not be members of the European Union after that. To pick up on the question asked by the noble Baroness, Lady Smith of Basildon, if we fast forward two years from now to the annual Fisheries Council to determine total allowable catches, will there be a British Minister at the table to defend British fishing interests? How does the noble Baroness see this working?

[Baroness Evans of Bowes Park]

As the Prime Minister says, it will depend on the next phase of negotiations, but currently we expect the implementation period to be two years.

Brexit: UK Plans

Lord Wallace of Tankerness Excerpts

Monday 9th October 2017 Lords Chamber

[Baroness Evans of Bowes Park]

We are all hopeful that we will be able to move forward together in a constructive manner. That is certainly what we intend.

[Lord Wallace of Tankerness (LD)]

My Lords, how do the Government anticipate that the common fisheries policy will work out in relation to the United Kingdom during the transitional period?

[Baroness Evans of Bowes Park]

We are committed to leaving the common fisheries policy and developing arrangements for fishing that can create a more profitable and self-sufficient seafood sector. Taking back control of our waters means that we can decide how we allocate access to our waters and our fisheries. Any decisions about giving access to vessels from the EU and other coastal states will be a matter for negotiation.

European Council

Lord Wallace of Tankerness Excerpts

Tuesday 14th March 2017 Lords Chamber

[Baroness Evans of Bowes Park]

My noble friend is right—I agree with that.

[Lord Wallace of Tankerness (LD)]

My Lords, the Prime Minister’s statement made reference to working with the devolved Administrations as we move towards the exit negotiations. Can the Leader of the House indicate whether the UK Government intend to give a substantive response to the Scottish Government’s submission of December 2016 and, if so, when?

[Baroness Evans of Bowes Park]

The Scottish Government’s proposals have been considered in detail, including through the JMC process. In the last month, there have been a series of technical meetings on the content of the proposals. Officials in the Scottish Government have met UK specialists in trade, customs, the single market, law, devolution, and goods and services, so close working is going on.

Strathclyde Review

Lord Wallace of Tankerness Excerpts

Thursday 17th November 2016 Lords Chamber

[Baroness Evans of Bowes Park]

I thank my noble friend for that question, and I can indeed confirm that.

[Lord Wallace of Tankerness (LD)]

My Lords, in welcoming the Statement, I take the opportunity to place on record my personal thanks to the noble Baroness’s predecessor, the noble Baroness, Lady Stowell of Beeston, and the Chief Whip, for the very constructive way in which they engaged with me on this issue when I was the leader of the Liberal Democrat Peers. I welcome the outcome that there has been, but I reinforce the call made by the noble Baroness, Lady Hayman, to consider a Joint Committee. One of the frustrating things that noble Lords often feel—as, indeed, do Members of the other place—about statutory instruments is that it is take it or leave it; there is no chance to amend. I know that, during the course of discussions in evidence given to committees, there were some suggestions as to how it might be possible to devise some procedure which would allow amendment of statutory instruments. Very often, it is just one small part of the instrument that people feel aggrieved about. Would she be willing to take that on board and give serious consideration to it? We should not just let the thing finish here but consider other ways in which we can actually improve the scrutiny of statutory instruments?

[Baroness Evans of Bowes Park]

Again, I am not going to make any promises that I cannot keep, but I am very happy to say that I want this House to work effectively and I want us to make sure that we use our expertise properly. I want to improve the processes that we have, if we can. I am happy to take that point away, but I cannot promise what the outcome will be.

G20 Summit

Lord Wallace of Tankerness Excerpts

Wednesday 7th September 2016 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness for repeating the Statement today. It was always going to be difficult following the Brexit vote, but as the new Prime Minister, Theresa May appeared confident. She met with most of the other world leaders who were interested to meet her—partly, I think, because they are keen to understand what the post-EU era means for them and their relationship with us in the UK. So this was, by any standards, a crucial summit. We are all aware that the vote to leave the EU has created considerable uncertainty here in the UK, but in paragraph 42 of the communiqué the international uncertainty is also clear. Despite some promising recent manufacturing statistics, the long-term uncertainties remain.

What is clear is that the Government are still thinking through the implications, what our negotiating position is going to be and what outcomes we seek. It is now common knowledge that no advance preparation had been undertaken, which makes the job of the Prime Minister even harder. She had to attend this summit knowing that she would be expected to discuss with other world leaders how the decision would affect them and their relationship with the EU and the UK. Countries such as Japan were seeking some degree of predictability for their investments and businesses in the UK, but she was unable to provide reassurance or answers—not because she does not want to be helpful or make the best case for the British economy but because we are still in the “don’t know” zone. While I appreciate what lies behind the statement “Brexit means Brexit”, I have to admit that I do not know what it means—and neither, apparently, do other members of the G20.

Following the Prime Minister’s meeting with her old university friend, the Australian Prime Minister, Malcolm Turnbull, I think that we were all left with the impression—I certainly was—of exciting new trade and economic agreements. But the clarification from Mr Ciobo, the Australian Trade Minister, has dampened that excitement. It almost sounded like a “Yes, Prime Minister” sketch as we heard him say on the “Today” programme that a UK-Australia deal could happen only,

“when the time is right”.

Sir Humphrey might have added “in the fullness of time” or “in due course”.

We cannot sign deals with other countries while we are still in the EU and we do not know when we will be leaving it. Meanwhile, negotiations between Australia and the EU will be completed probably before we even start. To heap humiliation upon embarrassment, the Australian Minister added that because the UK has no trained negotiators of our own, he has offered to lend us Australian experts for the initial talks. Can the noble Baroness confirm that what is really on offer is talks about talks? Will we accept their kind and generous offer to use their experts for our discussions with them?

Is the noble Baroness also able to say anything more about the meeting with the Japanese Prime Minister, following his 15-page memo on Japan’s specific concerns, and whether they discussed car manufacturing remaining in the UK whatever the Brexit terms are?

We understand why our allies are uncertain. I fear that there is a danger of us becoming marginalised. Meetings took place without us that in the past we might have expected to be part of, such as President Obama’s meeting with Angela Merkel and Francois Hollande. What is encouraging, though, is that these countries are not hostile. I think that they genuinely want to make their economic relationship with us work—but we have to get moving to create the certainty and clarity that they need.

It is not just our international friends who are uncertain. So are we—even, it appears, members of the Cabinet. On Monday, the Secretary of State for Exiting the EU, David Davis, responded to a question from Anna Soubry MP about whether, in light of the concerns raised at the G20 about the impact on the economy,

“the Government are prepared to abandon that membership of the single market”.

He told the House of Commons that,

“the simple truth is that if a requirement of our membership is giving up control of our borders, then I think that makes it very improbable”.—[Official Report, Commons, 5/9/16; col. 54.]

Those were the Secretary of State’s words: “very improbable”.

Now, I am not clear how he defines,

“giving up control of our borders”,

but he was quickly slapped down by No. 10, which said that this was his “opinion” and not “policy”. Yet, in your Lordships’ House yesterday, the noble Lord, Lord Bridges, responded to my noble friend Lord Wood, that the Government,

“are not in a position to go into detail on this other than to say that we are not looking at an off-the-shelf response”.—[Official Report, 5/9/16; col. 889.]

I am confused, and I do not think I am the only one. I thought that the Secretary of State was articulating government policy from the Dispatch Box—but apparently not. Can the noble Baroness confirm whether, when Ministers make statements in either House, the statements should be regarded as government policy—or can we now expect to hear private opinion as well? How will we be able to tell the difference?

Finally, the summit also discussed other issues, included terrorism and refugees, as referenced in the Statement. Paragraph 44 of the communiqué deals with refugees. I welcome that the Government signed up to the communiqué quote:

“We call for strengthening humanitarian assistance for refugees and refugee resettlement”.

The noble Baroness will have heard the exchanges in your Lordships’ House yesterday and again today about the grave disappointment with the Government’s actions to date on resettling those unaccompanied children who qualify to come to the UK under family reunification laws yet remain in the camps in Calais—in the Jungle.

Is she aware of the report today from UNICEF, which is highly critical of the UK Government because of the danger that these children are in? They are often traumatised by both the journey from their home country and by what they witnessed or suffered there. As the author of the UN report states, they are,

“at risk of the worst forms of abuse and harm and can easily fall victim to traffickers and other criminals”.

What can be more important than ensuring that these children, who are legally as well as morally entitled to safety and refuge in the UK, have that refuge? Does the noble Baroness consider that the Government now need to take faster and more effective action to fulfil both the Dubs amendment on child refugees, passed by this House while Theresa May was Home Secretary, and the agreement reached at the G20 summit?

I hope that the noble Baroness will be able to address these questions and that the Government truly understand how important clarity is and that uncertainty is the enemy of good government.

[Lord Wallace of Tankerness (LD)]

My Lords, I too thank the noble Baroness the Leader of the House for repeating the Statement this afternoon. The Prime Minister’s Statement and the G20 leaders’ communiqué clearly set out the challenges facing the global economy at this time. As the noble Baroness, Lady Smith, quoted, it goes on to state clearly:

“The outcome of the referendum on the UK’s membership of the EU adds to the uncertainty in the global economy”.

One wonders whether any of that uncertainty was dispelled by the numerous meetings that the Prime Minister had. She says that “Brexit means Brexit”, but I rather suspect that none of the other G20 leaders knows what it means; and as the noble Baroness, Lady Smith, indicated, it appears that some members of the Cabinet do not know what it means either. When one hears that Downing Street spokespersons are dismissing a Secretary of State’s quotes as being personal rather than a statement of government policy, it suggests that the collective responsibility that we had in the coalition was a model that this Government ought to follow. Perhaps the noble Baroness the Leader of the House will take the opportunity now, and not rely on a No. 10 spokesperson, to make the position very clear with regard to the comments of the Secretary of State for Exiting the EU on Monday.

Since the result of the referendum in June, a number of Conservative Ministers have sought to give the impression that they could agree new trade deals in time for tea. The clear evidence from this summit is that that will simply not be the case. Although a number of world leaders have talked about maintaining good relations with the United Kingdom—which is very welcome—few gave the impression that a trade deal with the United Kingdom was a top priority for them. President Obama made it clear that a trade deal between the EU and the USA was a much greater priority. He was not the only world leader to take that position. The Japanese Government have released a detailed document setting out their concerns. Prime Minister Shinzo Abe has warned the Prime Minister that Japanese companies need more certainty in order to stay in the United Kingdom, and Japan’s ambassador to the United Kingdom has highlighted that Japanese companies could disinvest from our country.

The Prime Minister’s statement refers to the leaders of Mexico, South Korea, India and Singapore, who said that they would welcome talks on removing barriers to trade between our countries. That is very welcome, but can the Leader of the House give the House some context? What percentage of goods are exported from the UK to these four countries in total, compared with the percentage exported to one country, Germany, with which we would inevitably be raising trade barriers unless we enjoy full membership of the single market? Even Australia, the country from which the Prime Minister had the warmest welcome at the G20, has been clear that any post-Brexit deal with the UK would have to wait until Australia had completed parallel negotiations with the European Union, a process which will not even begin for another two and a half years at the earliest. I fear it is a long time since Britain has stood so alone on the world stage. Can the Leader of the House confirm that, at the summit, the Prime Minister did not hold a single bilateral meeting with any other Europe Union leader?

Will the noble Baroness take this opportunity to end the current uncertainty? Do we not owe it, globally and to companies here at home, to indicate what our position will be with regard to membership of the single market? Does she agree that securing such membership should be the Government’s priority rather than burdening British companies with additional red tape and compromising our position as a global economic nation?

We on these Benches are also deeply disappointed that the Prime Minister failed to raise the issue of steel exports with China during her bilateral meeting with President Xi Jinping. Thousands of jobs at Port Talbot, and across our steel industry, are facing an uncertain future because of dumping of steel on the EU market by China, but although it was raised in plenary, it does not appear that the Prime Minister took the opportunity to make the case in a bilateral meeting.

Although there has been much aspirational talk by Ministers of preferential trade deals, one is conscious that the only concrete, substantive trade deal that we have heard about since Parliament returned on Monday is the continuing supply of military equipment to Saudi Arabia. Can the noble Baroness tell the House what discussions the Prime Minister had with Saudi Ministers at the G20 regarding the position in Yemen and international humanitarian law? Will she clarify her Government’s definition of a “serious” breach of international humanitarian law?

With regard to other matters, the communiqué states a clear commitment to,

“usher in a new era of global growth and sustainable development, taking into account … the Paris Agreement”.

Given the news that China and the USA have now ratified the Paris Agreement, will the noble Baroness commit to the UK ratifying that agreement in line with our international partners? Will she also confirm whether or not it will require parliamentary approval under Section 20 of the Constitutional Reform and Governance Act 2010 and, at the same time, whether the same parliamentary requirement applies to any Brexit agreement with the remaining EU?

The communiqué also states a clear commitment to,

“taking into account the 2030 Agenda for Sustainable Development”.

What action are this Government taking to ensure that the sustainable development goals are truly universal and that each government department is working towards these goals?

We on these Benches remain very concerned at the global refugee crisis. Given the attention given at the conference to the refugee crisis, will the noble Baroness be more specific about the Government’s objectives at the upcoming high-level meeting on refugees and migrants in New York later this month? Can she also answer the points raised by the noble Baroness, Lady Smith, in relation to the some 380 children eligible to come to the UK who are currently in Calais?

We have heard in recent weeks that Brexit is Brexit, but we seem to be no closer to knowing what it actually means. From the briefings given on the Prime Minister’s plane, we know that it does not mean a points-based immigration system or that £350 million a week will be given to the National Health Service—that promise, given by those who are now senior members of the Conservative Government, is no longer worth the bus it was written on. There is much confusion from the Conservative Government, and in the face of that confusion, we on these Benches will continue to fight to keep Britain open, tolerant and united.

[Baroness Evans of Bowes Park]

I am grateful to the noble Baroness and the noble and learned Lord for their remarks. Before I address some of the specific points, I will touch on some of the key elements of last week’s summit. First, as I said, we saw that the UK has, and will continue to have, a leading role in the international community, whether in championing work on antimicrobial resistance or pushing to deliver an economy that works for everyone. The summit showed that we are shaping the global agenda on many of the important challenges facing the world, and we will continue to do so.

Secondly, we saw that world leaders want to work constructively with us to make a success of Brexit. The Prime Minister outlined her vision for the UK as a global leader on free trade, and it was clear that there is a shared desire to build and maintain strong relationships with our international partners. Our priority now has to be to work through the issues posed by Brexit to deliver on that vision, and to get the right deal for Britain.

The noble Baroness and the noble and learned Lord asked about the shape of this. We are looking at negotiating a new relationship with Britain. Noble Lords are right that the process will not be brief or straightforward, but we are looking to achieve the best deal. What the British people told us with their vote was that it must be a priority for us to regain more control over the numbers of people who come here from Europe, but also that we must allow British companies to trade with the single market in goods and services.

Both noble Lords asked about Japan’s approach. Of course we continue to listen to and engage with Japanese business and investors as we plan for our exit. In fact, since the G20 the Japanese ambassador has praised the,

“cautious and very patient”,

approach of the Prime Minister, and said that what is needed are,

“well-thought through considerations before you start any negotiations”.

That is exactly the approach that the Prime Minister has taken. The relationship between the UK and Japan has gone from strength to strength in recent years, and we believe it will continue to do so. The PM and the Prime Minister of Japan spoke and were both clear that they would work together to build our relationship. As was said in the Statement, as a member of the EU we will continue to support a swift conclusion to the EU-Japan free trade agreement, and co-operation on security with our European and global allies will be undiminished.

The noble Baroness and the noble and learned Lord asked about unaccompanied children. I assure noble Lords that we began to work to implement the Dubs amendment immediately after the Immigration Bill gained Royal Assent. Discussions are happening with local authorities because this is a UK matter rather than a G20 one, but of course we are working with Greece, France, Italy and NGO partners to speed up existing processes and implement new ones where necessary.

The noble and learned Lord commented that the Prime Minister did not meet other EU leaders. As he will be well aware, over the summer she visited France, Germany and some of the key leaders. This was her first opportunity to meet President Obama, for example, so she took such opportunities at the G20 and that was the right approach.

The noble and learned Lord questioned the fact that the Prime Minister did not specifically raise steel with China. In fact she raised it with everyone; this was a key concern of ours, and in fact we were delighted to have secured a commitment from the G20 steel-producing nations to bring forward a global response to address overcapacity, including through the OECD Steel Committee, which will meet next week. That will provide the first opportunity, following the summit, to take stock of response efforts and discuss the feasibility of forming a global forum for dialogue and information sharing on overcapacity.

The noble and learned Lord asked about the Paris agreement. We are fully committed to ratifying it, and of course we were very pleased to see the commitment from both the United States and China during the course of the summit. We are already playing our part in delivering this through our domestic climate framework and we will ratify it as soon as possible, but all necessary work to implement the agreement is under way. I am sure we will refer to some of the other issues that the noble Lords raised later in the debate, but if there is anything else I can add subsequently I will do so.

To conclude, I reinforce what the Prime Minister said in the other place: the best route to prosperity for this country is as a global leader in free trade, but to carry people along with us we must deliver and demonstrate the benefits of that approach for people right across the country. As a Government, that is exactly what we will do. We will act boldly at home so that our economy works for everyone, and we will work with our international partners abroad, shaping an ambitious global role for this country that will deliver prosperity for our citizens and those around the world in years to come.

Tributes: Baroness D'Souza and Lord Laming

Lord Wallace of Tankerness Excerpts

Monday 5th September 2016 Lords Chamber

In paying this tribute to both the noble Lord, Lord Laming, and the noble Baroness, Lady D’Souza, we also pass on our thanks and gratitude to them, look forward to their work in future and wish their successors the same kind of success. They have our full support.

[Lord Wallace of Tankerness (LD)]

My Lords, it is a pleasure to follow the Leader of the House and the Leader of the Opposition in paying tribute to the noble Baroness, Lady D’Souza, on behalf of the Liberal Democrat Benches, and to give our thanks to her for the dignity with which she discharged her duties as Lord Speaker. It is, of course, a comparatively new post and, building on the foundations laid by the noble Baroness, Lady Hayman, the noble Baroness, Lady D’Souza, has developed and shaped the office during her time in that role.

The noble Baroness performed her ceremonial roles with considerable dignity. I always thought that she found exactly the right words whenever welcoming and thanking visiting dignitaries. The fact that both the noble Baroness the Leader of the House and the noble Baroness, Lady Smith of Basildon, talked about her outreach work, shows the stamp she put on the office. She ensured that the office of Lord Speaker did not focus inward on your Lordships’ Chamber but was outward facing. She developed an extensive outreach programme with the public. She spoke with many civil society and educational groups, attended countless public meetings across the country to describe the work of the House, and continued and expanded the innovative Peers in Schools programme, reaching out to schools far and wide.

She also sought to bring the outside world into Parliament. The noble Baroness, Lady Smith, reminded us of the visit of President Jimmy Carter. For me, it was a most memorable event. Her decision to invite him was significant because he was willing to accept. I do not know whether it was cunning or inadvertence on her part, but the initial invitation to us was just to a lecture by President Carter. It was only on the day that I realised that the subject was to be the eradication of Guinea worm disease. I must confess that I did not expect to be quite so fascinated by a parasitic infection. This lecture, given as part of the Lord Speaker’s global lecture series, demonstrated again the commitment of the noble Baroness, Lady D’Souza, to strengthening links between Parliament and the wider community outside. This has been complemented by her work in strengthening the relationships of this House with many Parliaments overseas.

She had the challenge, if I may put it like that, of chairing the House Committee. I wonder how many former members of the committee share my view that her initiative in the last six months of her term in hosting the meetings in her rooms, accompanied by refreshment, boosted their productivity and seemed to shorten them.

Throughout her tenure as Lord Speaker, the noble Baroness, Lady D’Souza, fiercely sought to safeguard the reputation of this House at a time of increased scrutiny. At our regular meetings we often discussed our shared interest in upholding the good standing of this House and working through a number of difficult issues to find the best solutions for the House and all its Members. It is with much affection that, on behalf of these Benches, I wish her very well as she stands down from the role.

I also pay tribute to the noble Lord, Lord Laming, for stepping into the role of Chairman of Committees at what was, we recall, a difficult time for your Lordships’ House. As they say, a volunteer is worth 10 pressed men or women. The noble Lord was always assiduous in his role, seeking to work in a most consensual way for the benefit of the House. His courtesy, respect for colleagues, attention to detail and steady guidance have been of considerable benefit, and he has always taken care to fully understand the issues. Again, I extend our warmest and heartfelt thanks to the noble Lord, Lord Laming, and wish him well in his chairmanship of the new Services Committee, to which he brings considerable experience.

I also welcome the noble Lord, Lord McFall of Alcluith, to the post of Senior Deputy Speaker. We go back many years to our time together in the House of Commons, and I know that that post is in secure hands. I also welcome our new Lord Speaker, the noble Lord, Lord Fowler. As the noble Baroness, Lady Smith, reminded us, he is the first man to hold the post. The noble Lord’s election demonstrated that he has the overwhelming confidence of this House and I wish him very well indeed in his new role.

[Lord Hope of Craighead (CB)]

My Lords, perhaps I may be permitted to add a few words from these Benches, as both of those to whom we are paying tribute this afternoon were previously Convenors of the Cross-Bench group and it is to this group that they have both now returned.

The noble Baroness, Lady D’Souza, came to the Cross Benches when she was made a Member of this House in July 2004. Her warm and generous personality made an immediate impact, and it came as no surprise when she was elected Convenor only three years later, in 2007, in succession to Lord Williamson of Horton. She held that position for nearly four years until her election as Lord Speaker in 2011. Then it was the noble Lord, Lord Laming, who was elected by the Cross Benchers to take her place as their Convenor. When he retired after serving his full term of four years, he must have thought—as the noble Baroness, Lady Smith of Basildon, suggested—that the time had come for him to take a back seat and lead a quieter life. But, of course, those who were wondering who was best suited to take over as Chairman of Committees at a critical time had other ideas. We were so very fortunate that the noble Lord was willing to be persuaded to fill the gap. No one was better suited to do this than he was.

I well remember the day when the noble Baroness contributed her own words as Convenor to the farewell to the Law Lords when the appellate jurisdiction of this House came to an end in July 2009. We the Law Lords were all sitting that day on the Cross Benches as members of her group for the last time before we were disqualified on our move to the Supreme Court. We appreciated her kind words very much. For me, four years of disqualification followed. So I was unavoidably absent for the rest of her convenorship, for the first two years of her time as Lord Speaker, and for the first two years of the noble Lord’s time as Convenor. However, when I came back in the summer of 2013 I was able to see them both in action.

It struck me at that time, and has been borne in on me even more now, that we expect an awful lot of our Lord Speaker. It seemed to me that her position on the Woolsack, although always dignified, was a rather lonely one. As others have said, her real contribution to the House has been in the work she has done outside the Chamber. For many of your Lordships much of what she did there was not obvious, but it has been my privilege during the past year to see quite a lot of her. I had regular meetings with her when she was Convenor, attended functions over which she presided and saw her work as chairman of the House Committee and as a member of the Procedure Committee and the Committee for Privileges. On each of these occasions she played an important and valuable role, always putting the needs of the House before all other considerations.

As for the functions, I remember the great ones, which included the addresses in the Royal Gallery by the President of China and the German Chancellor, Angela Merkel, over which she and the Speaker presided, as well as the more intimate ones on her own in the Reading Room, particularly the one that both the noble Baroness, Lady Smith, and the noble and learned Lord, Lord Wallace, mentioned, when Jimmy Carter came to talk to us about his work to eradicate the Guinea worm disease. My recollection of that event is that she took the risk at the end of the lecture of asking whether anyone had any questions on what he had been talking about. Anyone who has chaired a lecture knows how risky that can be. I still remember the look on her face when a wholly irrelevant and really rather naughty question was asked by a journalist: “Trump or Clinton, who will it be?”. That was six months ago, long before we knew who the final candidates would be, and I remember the look of sheer relief on her face when Jimmy Carter dealt with the cheeky question head on, generously and at length, instead of refusing to answer it—although, of course, skilled politician that he is, he did not really answer the question.

The noble Baroness did us proud on these occasions, charming our visitors with her grace and the warmth of her welcome. There were hard times for her, too, as the holder of any great public office must experience from time to time. Whatever she felt inside, she bore them with remarkable courage and fortitude. We have much to be grateful for. All of us on the Cross Benches wish the noble Baroness well on her retirement from the many responsibilities that she has borne so well. We look forward very much indeed to welcoming her back to these Benches, where she still has so much to contribute.

We welcome, too, the return to these Benches of the noble Lord, Lord Laming. Let us be clear that it is certainly not because of what he has done that the role of Chairman of Committees has been reformed. He brought to that office a charming mixture of kind, self-deprecating humour and quiet efficiency. Committee meetings under his chairmanship, for which he always prepared very carefully, were always a pleasure and he struck exactly the right tone when presenting his committee’s reports to the House. We have much to be grateful for and I know that I have the support of all of those who are with me on the Cross Benches when I say how much we appreciate what he has done in that role. As has already been said, we are very fortunate indeed that he has agreed to serve from these Benches as the first chairman of the Services Committee as it settles into its new responsibilities. So, as I am sure he knows only too well, the work that he is doing for the House is not yet over.

On behalf of these Benches I also extend a very warm welcome to the noble Lord, Lord Fowler, as our new Lord Speaker and to the noble Lord, Lord McFall, in his new role looking after the committee system, which has been so carefully reformed. We look forward very much indeed to working with them both in the future.

House Committee

Lord Wallace of Tankerness Excerpts

Thursday 21st July 2016 Lords Chamber

[Lord Balfe (Con)]

My Lords, I wish to make two brief points which I have made before but which I do not think find much favour in the House. I notice that sub-paragraph (2) of the implementation report states that the House of Lords Commission is responsible for supervising,

“the arrangements relating to financial support for members”.

However, if you look further into these recommendations, you do not find who is responsible for giving them something to supervise. I consider that the House needs a structure that can look at Members’ benefits and the way forward. I reflect particularly on the stories about regional imbalance. We appear incapable of devising a system whereby Members who live a long way outside London can claim for a hotel bill. That puts us out of line with the Civil Service and virtually every public body in Britain. I hope that we can look at this because we cannot for ever say, “We will never touch allowances. People will never trust us”. At some point, we must have a transparent procedure for looking at the way in which this House is run in that respect.

My second point is probably even less popular—namely, that we should introduce a little bit of democracy. All these committees will do extremely good work. However, not a single member of them is elected by the Members of this House. There is absolutely no opportunity for the ordinary Members of this House to have any representation through electing members of these committees by ballot. Therefore, I ask that we dispense with perhaps just a small portion of the “chumocracy” and replace it with a small portion of democracy.

[Lord Wallace of Tankerness (LD)]

My Lords, I, too, support the Motions moved by the noble Baroness the Leader of the House. The point made by the noble Lord, Lord Balfe, with regard to Members’ allowances will be very much on the agenda of the new House of Lords Commission, as it has been recently on the agenda of the House Committee.

With respect to the Procedure Committee report, I, too, welcome the fact that the pilot scheme for having ballots during recesses for Oral Question slots has now been put on a permanent basis. The pilot schemes have shown that this works and helps those who live outwith London. I also very much welcome the fact that we are to have Clocks showing seconds, as I think that will help to get us through debates. If noble Lords are given an advisory speaking time of seven minutes, there is a tendency—this is only natural—when we see seven minutes up on the Clock to think that we are still within the advisory time when, in fact, we have run over. The noble Baroness the Leader of the House mentioned the Clocks being replaced. Can she indicate when the Clocks are likely to be replaced and we will have Clocks showing seconds?

With regard to the recommendations of the Leader’s Group on Governance, I echo what has already been said. I pay tribute to and thank the noble Baroness, Lady Shephard, for the work that she and her group did on this matter, and, indeed, the previous Leader of the House the noble Baroness, Lady Stowell, who set all this in motion and gave it the impetus to see it through to the Motions before us today.

My noble friend Lady Maddock made an important point and I hope that, when she replies to the debate, the Lord Privy Seal will be able to offer some reassurance on it. My recollection of the governance report is that it indicated the intention that there should be a Speaker’s advisory committee. I think that continuity in that regard was anticipated. However, if the noble Baroness can offer reassurance on that point it would be very welcome.

If we are to perform our duties in this House in scrutinising the Executive, we need facilities and services to enable us to do it. Therefore, it is important that when we take decisions on how we administer these services and facilities they are taken in an open, transparent and accountable way, and they meet high professional standards.

During the consultations that were undertaken by members of the Leader’s Group, many people on the Back Benches in particular spoke of the need for some radical change. I believe that this is what the report came forward with and what we are now delivering. We have a strong senior committee and now two other very important committees, the Finance Committee and the Services Committee. It is important that they examine the culture of committees as well as basic administration and the way that it is undertaken.

I hope that all members of the new committees will embrace this philosophy and find new and innovative ways of working that engage more Members from right across the House in the decision-making processes. I know that my noble friend Lady Doocey—I am delighted that she will be chairing the Finance Committee—is keen to explore how to do things differently. I am also delighted that the noble Lord, Lord Laming, who has given such service in particular in the last year, will be chairing the Services Committee. I also congratulate the noble Lord, Lord McFall, of whom I have been a colleague in both Houses; I know that he will discharge his duties as Senior Deputy Speaker in a way that will engage colleagues. I therefore confirm my support for the recommendations from the Leader’s Group and for the Motions before the House today, which implement these much-needed reforms.

[Lord Hope of Craighead (CB)]

My Lords, I just add a word from these Benches in support of the Motions that the Leader of the House has moved and endorse all that she has said in introducing them. For my own part, I emphasise two points. First, on the identity of the two key people chairing the Commission and the Services Committee—and also the Finance Committee, because so much rests on its shoulders to progress into the new system—the fact that the noble Lord, Lord Laming, will chair the Services Committee is particularly important because he can carry through into the new system his knowledge and understanding of how the previous committees worked.

The other point that I stress is one that the noble Baroness made in her few remarks—that built into this approach is a commitment to reflect on its operation at the end of the forthcoming Session. It is important that we should have that amount of flexibility, so that we can assess exactly how things are working out. Inevitably with a new structure, one has to set up the structure first to see how it works in practice, given the personnel who make it work. I endorse exactly what the noble Baroness said about the reassurance that Members who may have some concerns should feel, given the willingness of everybody involved in these new structures to look again at whether they need any changes—they might not—and to see that everything is working as we would wish. Without repeating them, I also endorse the remarks made by the noble Baroness, Lady Smith of Basildon, and the noble and learned Lord, Lord Wallace of Tankerness.

Outcome of the European Union Referendum

Lord Wallace of Tankerness Excerpts

Tuesday 5th July 2016 Lords Chamber

[Lord Wallace of Tankerness (LD)]

My Lords, I thank the noble Baroness the Leader of the House for the time set aside today and tomorrow to allow noble Lords to discuss the very profound outcome of the European Union referendum. As I expressed during our exchanges last week, I was devastated by the result of the referendum. Along with many of my noble friends and many Liberal Democrats, I have a profound and deep-rooted commitment to partnership with our European neighbours. Internationalism is in our very DNA. Our commitment is not to an institution in any particular form; rather, it is a commitment to the beliefs and ideals of the wider European undertaking of a peaceful, prosperous and united Europe, kindling a spirit of reconciliation and mutual co-operation among its members and promoting human rights and the rule of law. That is what I and many of my noble friends have striven for over our entire political lives, so the result of the referendum last week is felt very personally on these Benches.

We cannot be expected to give up these core beliefs, nor will we. We believe that Britain should be an outward-looking country that can thrive, innovate and lead in an open global economy, a country that works in partnership with those who share our values to overcome our common adversaries and sees the future benefits of close relations with neighbours and natural partners, investing in each other’s economies and sharing prosperity so that Britain can be even greater than it is now. The cry to “take back our country” is not one to which I can subscribe, because I do not believe that I ever lost my country. Reflecting on the words of my much-missed friend Charles Kennedy, I, too, have multiple identities—Scottish, British and European.

I am also a democrat, so I accept and respect the result of the referendum on 23 June, even if I am saddened by it. I also approach the result with some humility, for I know that I have to accept my share of responsibility not just for the result of the referendum but for the collective failure of politicians, institutions and the media to make the positive case over many years for the European Union and the benefits that it brings to this country. The referendum should give everyone in public life pause for thought. Too often the European Union has been used as a scapegoat or a distraction from failures in government. As my honourable friend the Member for Westmorland and Lonsdale, Tim Farron, has said:

“This vote has been a collective howl of frustration—at the political class, at big business, at a global elite”.

My deep concern is that, as we go forward, there is likely to be more dissatisfaction and frustration as people realise that much of what they were promised during the referendum campaign just will not be possible. The sad reality is that the alternatives offered by the Leave campaign will do nothing to help those in England’s poorer regions, not least because the Leave campaign offered very contradictory positions of what life outside the EU would look like.

That poses a fundamental question for liberal democracy and parliamentary democracy, which is based on attention to evidence, reasoned debate, a willingness to compromise and tolerance. Politics involves an endless conversation in which we learn about other people and see things from their point of view, trying to balance their needs against our own. You recognise the existence of different groups with different interests and opinions and try to balance and reconcile them. As Bernard Crick wrote in his book, In Defence of Politics:

“Politics is a way of ruling divided societies without undue violence”.

Yet we have seen some very troubling and violent scenes since 23 June. We have seen anger and frustration being translated into some nasty incidents of racism and xenophobia. Scores of racist encounters have been documented online, while over the weekend following the vote the National Police Chiefs’ Council revealed that hate crimes reported to our police had risen by 57% compared with the corresponding days four weeks previously. The careless and rash language of some Brexit campaigners seems to have legitimised the prejudice of some people to the point where they are targeting those who are visibly different. Of course it is only a small minority who perpetrate such outrages, but to the victims the impact is 100% and, in the communities from which the victims come, the fear is all too real. This is completely unacceptable and it must stop. This is not my Britain.

I believe that there are many layers and facets to why so many people voted to leave the European Union, some of which have already been mentioned. The vote was symbolic of a rejection of British multiculturalism; concerns about pressures on our schools, hospitals and GP surgeries; the housing crisis; the banking crisis; insecurities about employment; and the decline of our traditional industries. For me, the answers to these wider questions are both domestic and international. There is much that can be done in Westminster as well as much that could and should have been done standing shoulder to shoulder with our European neighbours.

If those who led the campaign to leave the EU have answers, we need to hear them now. Do they want to be in the single market or do they not? What level, if any, of freedom of movement do they wish to see? How will they retain the City’s passported access to European financial markets? Which taxes will go up and what spending will go down? How will they secure a bright future for our children and young people? One of the defining features of the reaction to the referendum outcome has been the utter dismay and even anger of young people, who believe that they have been deprived of the opportunities and freedoms that our post-war generation came to take for granted. Whichever side of the referendum divide we were on, we owe it to our young people to keep alive hope and establish co-operative links that will provide opportunity, of which the Erasmus programme is just one example.

There is a host of unanswered questions and during this debate a number of my noble friends will want to pose some of them from their particular areas of expertise. I hope that, when she comes to reply, the Minister will take them in the spirit in which they are intended, as some constructive suggestions to feed into the work of the unit being led by the right honourable Member for West Dorset, Mr Letwin.

Perhaps I may pose some further constitutional questions today, some of which have already been aired, in particular on the role of Parliament and of your Lordships’ House. First, last week during our exchanges I asked the Leader of the House about the process for triggering Article 50. I still await an answer. Let us remind ourselves that Article 50 states:

“Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements”.

However, there is currently little clarity as to what the UK’s “constitutional requirements” are in this regard. Will this be done by the Prime Minister acting alone, using the royal prerogative? Will there be consultation with Parliament in the form of a debate and vote in both Houses or just in the House of Commons? Does the Prime Minister need the consent of Parliament to act? Should there be legislation? There has been much legal and academic debate and discussion as to how Article 50 might be triggered, but to date there is no legal certainty. While I can see that there is a case for leaving to the new Prime Minister the issue of when to trigger Article 50, this Administration surely must have a view as to how it should be triggered. After all, in February we were blessed with a paper from this Administration on the process for withdrawing from the European Union. One would imagine that they will have given it some attention and thought. It would be to the benefit of Parliament and the country for the position to be clarified as soon as possible.

Secondly, what will be the role of Parliament and this House in particular in carrying out its scrutiny functions and its important constitutional duty of holding the Government to account during the process of negotiation with the other EU member states? What part can be played by the European Union Select Committee of this House and by the European Scrutiny Committee in the other place? It would be extremely helpful to have some indication from the Government of the principles that will underpin parliamentary scrutiny of this process. How do the Government intend to involve Parliament in deciding which laws and regulations that have derived from Europe we will keep and which we will replace? Once these decisions have been made, it is clear that much legislation will be needed to give effect to the process. Can the Minister confirm that Parliament will retain its important scrutiny function in this regard?

There are of course wider constitutional implications following the result of the referendum, bearing in mind that Scotland and Northern Ireland both voted strongly to remain in the EU. How will the Government consult the devolved institutions, by which I mean the Parliaments and the Assembly as well as the Administrations, to ensure that the needs of Scotland, Wales and Northern Ireland are properly reflected in the negotiations? Will Scottish, Welsh and Northern Ireland government officials be seconded to work in the special Cabinet Office unit? What role will there be for the London administration and for local and regional authorities in England to ensure that their diverse interests are taken on board? It would be helpful if the noble Baroness answered these questions when she comes to respond tomorrow evening, but I would welcome a commitment from her that, at least, the unit under Mr Letwin will give most thorough consideration to the issues raised in this debate, that she will return to this House periodically to ensure that noble Lords are kept well informed on the progress of negotiations and that the Government will make good use of the expertise in this House.

In the meantime, I am concerned by what already seems to be the abdication of responsibility by the Government in relation to several matters. This is only the sixth sitting day since the referendum, but I suspect that many noble Lords are already tiring of the expression, “The Prime Minister has been clear that decisions on issues relating to the UK’s exit will be for the new Prime Minister. I am therefore not in a position to make new policy statements in this area”. If there is one glimmer of reassurance, it is that at this time of great economic uncertainty and constitutional crisis, at least the noble Lord, Lord Ahmad of Wimbledon, has been prepared to step up to the plate to address the future of our bus services. How very British.

On one issue in particular, however, this Administration can and should take the lead and state openly and clearly that, come what may, European Union nationals settled in this country will continue to stay. The case for such an unequivocal commitment was eloquently made by the noble Lord, Lord Dobbs, yesterday during Questions. What kind of morality would make bargaining chips of the lives and livelihoods of people legally and responsibly settled here—their families, their livelihoods, their hopes and aspirations? It is not even a practical bargaining position. A Government who cannot even manage to deport foreign criminals with no right to remain are not credibly going to be able to deport up to 3 million EU citizens. In the dying days of this Government, surely the Prime Minister and his Ministers can show some moral fibre and pull something honourable, decent and fair out of the wreckage of their Government.

European Council

Lord Wallace of Tankerness Excerpts

Wednesday 29th June 2016 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness for repeating that Statement, although I think it poses more questions than it answers. In the light of the comments made by the noble and learned Lord, Lord Keen of Elie—I see he has now left the Chamber—even more questions have been raised.

First, I want to express our horror at the appalling, evil attack on Istanbul airport last night. Yet again, we are shocked by the hatred that leads to such vicious, indiscriminate violence and murder. Our thoughts are with all those who have been affected, because such horror will never leave them.

Turning to the detail of the Statement, although it includes other issues, clearly, the one that affects us most is that of our leaving the EU. Nevertheless, I noted the comments on the agreement made with Turkey in March. I hope that the Prime Minister, in discussing that agreement, raised the issue of the shocking conditions in the camps in which refugees are being held in Turkey. Did he raise that issue, and if so what response did he receive?

What this Statement reinforces is the massive uncertainty that our country faces. It is clear that the first enemy of our stability and security as a nation is that uncertainty, which has many different forms. There is economic uncertainty for businesses large and small and for consumers. There is uncertainty about who will be the next Prime Minister and whether another general election is looming. There is uncertainty about the Brexit negotiations. At the same time there is uncertainty, now increased, for many local communities where those who do not look or sound British enough are now feeling very vulnerable.

I was going to say that at no point should we forget the uncertainty of British citizens living across Europe, but from the comments just made in Questions by the noble and learned Lord, Lord Keen, it appears that they are to be some kind of negotiating tool in discussions on whether EU citizens living and working in this country are to be allowed to remain. The degree of uncertainty that that will cause in those communities across the country is shocking. Given that negotiations could go on for years, we will have people living or working in this country who do not know what their future holds. We need an explanation or clarification from the Government as a matter of urgency.

The Prime Minister referred in the Statement to estimates of a slowdown in eurozone economic growth of between 0.3% and 0.5%, caused largely by a predicted slowdown in the UK economy because of our trade with the EU. If that is the predicted slowdown for the eurozone, what is the predicted slowdown for the UK economy? If the EU is able to predict such a slowdown across the whole eurozone, I am sure the Government have considered it and made predictions. Can the noble Baroness comment on the report in the business section of today’s Daily Telegraph—not my normal reading material, I confess—that Vodafone and easyJet are now considering moving their headquarters out of the UK, with thousands of jobs leaving these shores, and that Visa could also relocate hundreds of jobs to EU countries? The noble Lord, Lord Glentoran, laughs and suggests that I read the Daily Mirror. I can tell him that I do read the Daily Mirror and I commend to him an article from last Friday by the historian Dan Snow about our historic links with Europe and the dangers now presented to this country by this Prime Minister. On the question of jobs, rather than waiting for a new Prime Minister, can the noble Baroness tell me what action the Government are taking today to protect jobs here in the UK?

I welcome the section in the Statement about our relationship with our European partners and its importance over so many years; it is part of our history and part of their history. We should never forget the tremendous contribution of our European allies in the Second World War, particularly in the Battle of Britain, when the role of both Polish and Czechoslovakian aircrew was critical. Perhaps I may tell the noble Baroness about men such as Tony Liskutin. He was a true hero. He first fought with the Czech air force and then with the French. He then joined the RAF to fight on D-day—subsequently teaching our own noble Lord, Lord Tunnicliffe, to fly. However, today, their descendants and families are facing despicable attacks here in the UK. The Prime Minister said in his Statement:

“We are a proud, multi-faith, multi-ethnic society”,

and predicted that,

“we will stay that way”.

I say to the noble Baroness and to the Government that just saying something does not make it happen. You have to do more than that. So, again, rather than just waiting for a new Prime Minister, what practical steps are the Government taking today, and have Ministers discussed this wave of increased attacks?

In the section of the Statement headed “Next Steps”, the Prime Minister said:

“First, there was a … reassurance that until Britain leaves, we are a full member. That means that we are entitled to all the benefits of membership and full participation until the point at which we leave”.

I have to tell the noble Baroness that it does not feel like that. If that is the case, why was the Prime Minister not allowed to attend the most crucial session for the UK in which issues relating to the Brexit vote were discussed? Is the noble Baroness now able to answer two questions that she was unable to answer on Monday? Now that the noble Lord, Lord Hill, has resigned as the EU Commissioner for financial stability and services, when will he be replaced and can she provide an assurance that a new British commissioner will be appointed? Furthermore, if we are still entitled to full membership—as the Prime Minister was assured—is she confident that the UK will still hold next year’s EU presidency? Can she update us on that situation since Monday?

As a nation, we have been able to hold our heads high. We had a European and international outlook on our role in the world and the influence we could bring to bear for the greater good. However, today, not only do we face profound economic change but our long-held cultural and social cohesion faces enormous challenges and risks. We all have friends and neighbours who today feel more vulnerable. The only way we can deal with this is to unite around that common purpose of decency and tolerance. As I said on Monday, at times like this we have to rise to the challenge to ensure that what unites us is bigger, better and stronger than what divides us. That is the only way we can face and tackle these challenges.

The noble Baroness will understand that these risks and challenges can only be increased by uncertainty. I deeply regret that the noble and learned Lord, Lord Keen, in his answers today, has increased that uncertainty. I therefore hope that the noble Baroness will today be able to address these questions and tell us when the Government will clarify the comments made by the noble and learned Lord.

[Lord Wallace of Tankerness (LD)]

My Lords, I, too, thank the Leader of the House for repeating the Prime Minister’s Statement. I share the outrage expressed about the terrorist atrocity perpetrated in Istanbul yesterday. On behalf of these Benches, I offer condolences to the bereaved and say that our thoughts are very much with those suffering injury.

I do not intend to rehearse the sentiments I expressed on behalf of these Benches on Monday—people know the position of my party on the referendum and its result, which we respect—but the Prime Minister, I am sure, had a very difficult task at the Council yesterday. The result of the referendum was not what he had campaigned for and I am sure he would not be human if he did not feel some tinge of discomfort when he walked out the door, knowing that people were going to talk about him as soon as the door was closed. However, I suspect that whatever difficulties he had will pale into insignificance compared with the difficulty our next Prime Minister, whoever that may be, will have when he attends meetings to discuss Brexit.

[Noble Lords]

Or she.

[Lord Wallace of Tankerness]

Or she. The difficulty will be knowing what they are negotiating about, because the leave that Mr Nigel Farage campaigned for is not the leave that the honourable Member for Uxbridge and South Ruislip, Mr Johnson, campaigned for. Can the noble Baroness tell the House whether the new Whitehall unit she referred to will be preparing dossiers on all the varied positions, whether 57 varieties or more? Will it be putting those forward to the incoming Administration, setting out what the implications are for each of the leave varieties and addressing some of their fundamental contradictions?

I am also concerned that, as we go forward, there will be growing dissatisfaction and frustration as people realise that much of what they have been promised will not be possible. That must pose a threat to liberal democracy in this country, indeed, to parliamentary democracy, which is based on attention to evidence, reasoned debate, willingness to compromise and tolerance. I note that the Statement emphasised that we are not turning our back on Europe and that the European Union is not turning its back on us. This is important as we move forward, so we can demonstrate that there can be constructive discussions on the future.

We know that following this Statement there will be a Statement from the Home Office on hate crime. I share the deep concerns that have been expressed in your Lordships’ House about the surge of resentment, intimidation and blatant racism that we have seen in this country since last Thursday. This is not our Britain. We want a Britain which is a country of tolerance and acceptance. Words are not enough, we want some reassurances of increased police awareness and activity, not just in London but throughout the country.

I have some specific questions about our immediate relationship with the European Union, picking up on what the noble Baroness, Lady Smith of Basildon, said. The Prime Minister confirmed in the other place on Monday that he will appoint a new Commissioner to fill the vacancy. Can the Minister give us an indication of when the position will be filled and what the process will be for appointing a new Commissioner? Following questions on Monday, I wrote to her yesterday querying not when but how Article 50 might be triggered. What are the United Kingdom’s own constitutional requirements in terms of paragraph 1 of Article 50? If she cannot answer today, will she indicate that she will be in a position to do so when we debate these matters next Tuesday? Again, noting what the noble Baroness, Lady Smith, said about the presidency of the Council of the European Union, which we are due to take up a year this week, can the Minister give us an indication of the Government’s position on that? Indeed, does she think it wise for us to go down that road and, if so, what in the world would we be putting on the agenda? We need a real indication of the Government’s assessment and analysis of that situation.

Finally, it is clear that many people in English regions and in Wales felt let down and left behind, not just by Europe but by politicians and decision-makers at home. People in the north-east and south-west of England voted against London, I believe, as much as against the European Union. But the sad reality is that the alternatives offered by the leave campaign will do nothing much to help those in England’s poorer regions. Those who promised that we can spend the money we get back from Europe on the NHS and wider public services are also people who believe in shrinking the state. There seems to be a fundamental contradiction here. Will the Leader look again at disproportionate cuts in local authority budgets and public investment in places such as Cornwall, the north-east and the north-west? Will the Government address with more urgency investment in training, further education and skills? Will she say how we might be able to secure the hopes and aspirations of younger people, who voted in such numbers to remain in the European Union?

These are domestic issues. They do not have to await negotiation with 27 other EU countries, nor do we need negotiation with 27 other EU countries to determine whether European Union citizens currently living and working in the United Kingdom can stay here post-Brexit. This is something we can do ourselves and surely the Government must start addressing these issues now.

[Baroness Stowell of Beeston]

My Lords, it is clear that there are very strong views and feelings right now following the referendum result last week. I understand that. A very important event has taken place and a very important decision has been made. While I feel it is absolutely right that we follow this clear instruction that has come from the British people to leave the European Union, it is important, as the Prime Minister stressed in his Statement, that we are not turning our back on Europe or our European partners, and we must work together with Europe to ensure that we continue our shared security and that we do so in a way that promotes and protects the prosperity of the United Kingdom and all the people living in all parts of the United Kingdom.

As the Prime Minister has been at pains to say, the precise relationship between the United Kingdom and Europe in the future will be one for his successor to decide and is not one that he, in his remaining few weeks as Prime Minister, will be taking the lead on. It is very important that this Government make a big contribution to maintaining the stability of this country in a very uncertain time. I do not dispute that it is a very uncertain time for people, and that is reflected in different ways.

Picking up on the first point raised by the noble Baroness and the noble and learned Lord about the status of British people living in Europe and of European citizens living and working in this country, the first and most important thing to say is, whether you are a Brit living and working abroad or whether you are a European citizen living and working in this country, you are making a valuable contribution. Certainly, the EU citizens living and working in this country are making a vital contribution to our country. The Prime Minister has been at pains to stress that right now nothing is affected by the result of the referendum last week. I very much heard and understand the House’s anxiety about free movement between this country and other European Union member states. We are not trying to negotiate about people’s individual status in the way that some noble Lords are trying to interpret what was said previously. We are saying that although at this moment nothing has changed—all rights are protected—we are going to have to work through a period of deciding the impact of the referendum result. Some of the impacts will come from our negotiations and discussions with Europe in the future and some may sit outside these. Over the next weeks and months, it will be uncertain. We have got to work together to try to provide what reassurance we can that people’s rights are not changed at this time. That is very important.

The noble Baroness also referred to uncertainty around the impact of the result of the referendum on the economy and jobs. To repeat what I have said, and I say this as someone who campaigned for us to remain in the European Union, it is vital for us in getting as soon as we can to that point of greater stability that we focus our energies on our negotiations for the future of this country in terms of its relationship with Europe. We cannot ignore the fact that there is a significant effect from that referendum decision that will lead ultimately to us leaving the European Union. The Government were of course leading the remain camp. We did forecast that there would be potential economic difficulties as a result of any decision to leave. However, in the light of this decision we must now ensure that we mitigate any immediate volatility arising. Over the weekend we have seen from the steps that were taken by the Bank of England and its work in co-operation with other institutions that its contingency planning has had a good impact on the markets in terms of providing some reassurance.

In the weeks that follow we clearly need to prepare for the new Prime Minister being in place and outlining what kind of relationship we want in the future with Europe and how that relationship will work, particularly in respect of the single market and whether we are going to be in it. Between now and then, the Prime Minister, the Secretary of State for Business, Innovation and Skills, the Chancellor and others will continue to have meetings with business leaders. The fact that we have a strong economy and are able to withstand this period of uncertainty is also helping stability. The unit that the Prime Minister has set up in Whitehall is there to make sure that at the point at which the new Prime Minister is in place they have at their disposal as much factual information as possible so that when they have got a clear vision of what kind of relationship the UK will have with Europe in the future they can move swiftly to the point of triggering Article 50.

The noble Baroness raised questions about the increase in hate crimes or demonstrations of racism against people. As I said on Monday, these are wholly and utterly abhorrent. Together we must make it clear to anybody who is trying to use the referendum result to promote racism that we reject that—we in the United Kingdom have not given up on our values. The fact that a majority of people in this country has decided not to be a member of the European Union any more does not mean that we should stop promoting the important values of this country. My noble friend Lord Ahmad will say more in the Statement that follows.

The noble Lord, Lord Campbell-Savours, is pointing to the clock. The Companion makes it clear that, if necessary, I can go beyond 20 minutes in order to respond to some of the points that have been raised. I will respond to them, but that will not in any way reduce the time allocated for Back-Benchers.

The noble Baroness and the noble and learned Lord asked some specific questions about the UK Commissioner in the European Union. The Prime Minister has made it absolutely clear that we are a fully paid-up member of the European Union until we stop being a fully paid-up member of the European Union and therefore have some entitlements, which include a Commissioner. He has raised this with the President of the Commission and we hope very soon to come forward with a nominee for that post. As for questions about next year’s EU presidency, I understand clearly that we need to get that resolved soon. I expect it will be done in short order, but I do not have any further information to offer at this time.

The noble and learned Lord asked about Article 50. Article 50 is the legal route we will follow in order to exit from the European Union, and I think we have all become familiar with the idea that triggering Article 50 will start that process formally. The Prime Minister has made it clear that he will not be triggering it and that it will be a matter for his successor. But in his view it is important that they are clear, at the point at which they trigger Article 50, about the kind of relationship the United Kingdom should have with the European Union. That will assist in the negotiations.

As for Parliament’s role in that process, as noble Lords heard me say on Monday, I am very keen to ensure that this House plays an important part between now and the start of any Article 50 process. Neither I nor the current Prime Minister can prescribe what role there might be for Parliament in deciding what the next Prime Minister will come forward with to take to Brussels in terms of the specifics of that process, but as I said on Monday, this House in particular has a wealth of knowledge, experience, expertise and wisdom, and I want to ensure that we use that as best we can. However, I want us to use it and channel it to secure a long-term successful future for the United Kingdom, while recognising that the people of this country have decided that our future will not be as a full member of the European Union.

Outcome of the EU Referendum

Lord Wallace of Tankerness Excerpts

Monday 27th June 2016 Lords Chamber

[Baroness Smith of Basildon]

Wait and see, because I do not absolve my party leadership from this either. There is a serious issue about the quality of political leadership in our country as a whole. My party is also dealing with internal political problems, largely due to fallout from this result, and our country is crying out for strong, decent, decisive, caring and competent leadership from both Government and Opposition. Our country is entitled to demand such leadership from us at such a challenging time.

So what can we do? Individually and as a House as a whole, we have a responsibility. I believe—the noble Baroness emphasised this point as well—that we have the expertise, judgment and experience in this House to assist and lead in finding a way through. The role of your Lordships’ House in working through the referendum decision and in examining the detail will be essential. As we have already shown, the tone in which we conduct our debates and our deliberations must stay as it is, and we should show the way in being measured and honest.

Our excellent European Union Committee, chaired by the noble Lord, Lord Boswell, has already considered and reported on the process and difficulties of withdrawal, referred to by Sir David Edward, a leading—or probably the leading—expert in EU law as the,

“long-term ghastliness of the legal complications”,

which he described as “unimaginable”. However, we have to imagine them and to work through them.

There are many questions not yet answered and many may not have even been considered, so I shall ask the noble Baroness just three which I think are the most urgent. Today, we are debating the Investigatory Powers Bill. Obviously, the practical implications of such legislation are linked to our co-operation with other EU countries. Given that we shall at some point disengage and have to create a new, separate framework for those countries, what consideration has been given to this and are a rethink and further consideration required?

Secondly, the legislative programme cannot just be business as usual. Paragraph 67 of the EU Committee report states that the Government would need to enact in law everything that they wanted to keep in law which had come from treaties or a directive. Clearly, this cannot be done overnight, but our relationship with the EU is deteriorating by the hour and there is real urgency here. Have the Government considered a timescale for such legislation and will it mean a new Queen’s Speech, so that the legislative programme can be withdrawn?

Thirdly, the Statement referred to the devolved Administrations, but there was more about the role of the Civil Service than about the role of Parliament. Parliamentary oversight of the negotiations will be essential and, clearly, we will want to play our part in scrutiny and policy formulation. Can the noble Baroness give an assurance not just on debates but on parliamentary oversight of negotiations?

These past weeks have been challenging. That so many people took part and voted shows real interest and engagement, yet with such a binary choice it was harder to make the case for the complexities of what was involved and what could follow. Many who voted still wonder and worry whether they have made the right decision. There is no route map for what comes next. There is no long-term certainty for our economy or our society, and it is at times such as this that we have to rise to the challenge and ensure that what unites us is bigger, better and stronger than what divides us.

[Lord Wallace of Tankerness (LD)]

My Lords, I, too, thank the Leader of the House for repeating the Prime Minister’s Statement and welcome the words she added in respect of what your Lordships’ House may be able to contribute. I declare my interest as a Britain Stronger In Europe board member.

As a democrat, I respect the outcome of Thursday’s referendum, but—I suspect like many colleagues across the House—I am profoundly saddened by the result. I have a deep anxiety about what the future holds for our country. I am worried about the divisions that have been laid bare across the country during this campaign and echo many of the concerns expressed by the noble Baroness, Lady Smith of Basildon, about the tone of much of the debate and the campaigning. I am fearful for what this means for our outward-looking and tolerant country as well as for the future integrity of the United Kingdom. Many on these Benches are angry that notwithstanding his fine words in the Statement about his vision for Britain, this Prime Minister put party interest before national interest, complacently believing that he could win a referendum primarily designed to settle internal Tory divisions.

The European Union is an institution to which we have belonged and contributed for the past four decades. It has delivered peace, promoted equality, kept us safe and opened the doors of opportunity, but it will no longer be a part of Britain’s future. I think too that the leave campaigners do not appear to have any plausible strategy. We have already seen that they are backtracking on many of the promises they made during the campaign. So the result will change not only the very fabric of our country, it will change Europe and our relationship with the wider international community. Regrettably, the United Kingdom has on many occasions failed to provide leadership in the European Union. As a result, the people of this country have seen Governments play a half-hearted role at best. There has been a failure domestically to make the positive case for the European Union and the benefits it brings. In some ways, therefore, it is not unsurprising that when faced with years of the EU being blamed for everything that is wrong in this country, a majority of people voted to leave.

But I fear that we are only just beginning to realise the adverse impact the vote will have. Since Friday morning we have seen the value of sterling plummet. Some £120 billion was wiped off the markets in the first 10 minutes of trading on Friday, while this morning sterling slipped another 2.6% against the dollar and the pound is at a 31-year low. Surely the leaders of the leave campaign owe it to us to tell us what they think is negotiable with other members of the European Union, what is not negotiable in spite of their many promises, and what the likely consequences will be for the British economy. I welcome the fact that the Chancellor of the Exchequer and the Governor of the Bank of England have tried to steady the markets this morning, but fundamentally it is the uncertainty of the United Kingdom’s position which will continue to cause nervousness in the economy. Businesses and the markets like certainty, but certainty would appear to be the last thing we have in the wake of the referendum.

I have a number of questions for the noble Baroness. Can she indicate what the present Government would wish to achieve in negotiations with the European Union? Do they believe that we should seek complete access for the United Kingdom to the single market? Do the Government even have a view? Given that younger voters overwhelmingly voted to remain in, what hope can the noble Baroness and the Conservative Party offer future generations that they will have the same access to jobs across Europe as previous generations?

Of course it is not just the economy that is uncertain, but the very fabric of our constitution. Article 50 states:

“Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements”.

I think that the House will be interested to know what the Government’s view is as to what our own constitutional requirements are. Are they an Act of Parliament, a resolution of the House of Commons, a resolution of both Houses or an executive decision by Members? That is an important question for the noble Baroness to answer.

Scotland and Northern Ireland both voted strongly to remain in the European Union and the Secretary of State for Scotland has said that, if the people of Scotland ultimately determine that they want a second Scottish independence referendum, there will be one. Can the noble Baroness confirm that that is the position of the United Kingdom Government? Does it mean that if the Scottish Parliament asks for a further referendum, the Government will bring forward an order under Section 30 of the Scotland Act 1998 to transfer the necessary powers for a referendum to take place?

Northern Ireland as we know shares a land border with another EU country. Thousands of people cross it every day in both directions visiting friends and family, while the economy of Northern Ireland relies heavily on the European Union as a pull factor for internal investment, and directly in the form of research and development grants and peace grants. Can the noble Baroness set out the Government’s understanding of the operation of the common travel area where one country is an EU member and the other country is not? Can she also say something about mandate—the mandate of a future Prime Minister elected not by the country but by members of the Conservative Party, and what that means in terms of taking back control?

The leave campaigners have now admitted that they cannot do much to reduce immigration, so we need a serious and informed public debate about the long-term challenge of immigration. However, the anti-immigration rhetoric we have seen during the campaign has encouraged a surge of right-wing resentment. Perhaps the noble Baroness will wish to elaborate more on what the Government intend to do to tackle that. Finally, although I very much respect the decision of the noble Lord, Lord Hill of Oareford, to resign his position as a European Union Commissioner, we are still members of the European Union. Can she give an indication of the timescale for Britain to nominate another EU Commissioner so that we do not actually have an empty seat at the table?

We on these Benches firmly believe that it is in the United Kingdom’s best interest to stay as closely engaged in European networks of co-operation and joint operation as possible. We will continue to make the case for Britain’s future with Europe and to fight for an open, optimistic, hopeful, diverse and tolerant United Kingdom.

[Baroness Stowell of Beeston]

My Lords, as always I am grateful to the noble Baroness and the noble and learned Lord for their responses and I will seek to provide answers to some of the questions they have put forward this afternoon. I must start by saying that the British people have decided that we should leave the European Union and our priority now must be making this decision work for everybody in the UK, whatever side of the debate we were on. I am proud that this Government promised a referendum and delivered it and that we trusted the people with this very important decision. I voted and campaigned for remain, but a decision has been made, it is a clear one and it is very important that we get on now with implementing that decision and doing so in a successful way for the benefit of everybody who lives here.

I turn to some of the comments and questions put forward by the noble Baroness and the noble and learned Lord. As the noble Baroness knows, I was very shocked, like everybody else, by the death of Jo Cox. On the points she made about racism and some of the things that have been said and done in recent times, I do not want to debate again the way the campaigns were conducted, but I want to make some important points. The first is that whatever the result of this referendum and our decision to leave the European Union, this country has not given up on its values. We are still the United Kingdom and our values remain exactly as they were. I would condemn anybody who used the result of this referendum as an opportunity to promote racism. If there is any evidence of that, we should all work together to stamp it out. I certainly urge anybody who has experienced any kind of hate crime or racism to alert the police to that straightaway and to know that they do so with the full support of every decent person who lives in this country.

The noble Baroness referred to the role of this House and to political leadership in this country. As I said in my initial remarks as I concluded the Prime Minister’s Statement, this House has an important role to play. It is important for us to demonstrate our value to the democratic process by offering something that is a bit different from the House of Commons. One of the ways I hope we are able to achieve this, through our debates over the next few weeks as we consider the way forward on leaving the European Union, is that we are a little less political than the other House. That is one thing that is important about us, for which we attract a lot of positive response.

On the noble Baroness’s question about our current legislative programme—she referred to the Investigatory Powers Bill—the Government were elected on our manifesto commitments. We have a clear mandate and an important legislative programme that we have to continue to deliver. The Investigatory Powers Bill is one of the very important pieces of legislation that will safeguard the security and safety of people here in the United Kingdom. As for the impact on any of our legislation, we are in the European Union until we are out of the European Union and we have not yet triggered the Article 50 process that will put that process in train. We must very much continue with our programme and we have a mandate for that programme from the election of only one year ago.

The noble Baroness asked about the devolved Administrations and the role of Parliament in overseeing the process over the coming weeks and months. The noble and learned Lord also asked about Parliament’s role and what opportunity it will have to contribute to the decisions before final exit is made. It is too early for me to say what that might be, but as I hope I have indicated, I see it as an important part of the process that Parliament has a serious opportunity in this House to debate and express its views, and there is a role for our European Union Committee and its sub-committees to play in this process.

The noble and learned Lord asked about a couple of things in addition to the topics that the noble Baroness raised, the main one being Scotland and Northern Ireland. The people of Scotland made a very clear decision only two years ago that Scotland should remain in the United Kingdom. The Prime Minister has made it clear today—I very much echo the point—that in the way we proceed from here, we must work closely with the devolved Administrations. We will continue to do that, because we want to ensure that the way we exit from the European Union is to the benefit of all parts of the United Kingdom and all its people, so our constructive discussions will be a very big part of how we move forward from here.