European Council: March 2016

Lord Wallace of Tankerness Excerpts

Monday 21st March 2016 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I am grateful to the Leader of the House for repeating the Statement made by the Prime Minister earlier today. I have to say that it was not quite the Statement that we were expecting after the media noise over the last day or so. She may have noticed when she was speaking that noble Lords were flicking through the Statement that was released, because the last part that she read out was not released to the Opposition or to your Lordships’ House in the usual way. I do not imply any discourtesy, but I suspect that the crescendo that we heard in defence of compassionate Conservativism at the end probably had not been written in time for the printed copy.

As MPs and Peers left Westminster on Thursday evening, no one could have foreseen the events of the weekend. Clearly, problems were simmering at the heart of the Government, which led to the dramatic resignation of the Work and Pensions Secretary on Friday evening, just as many of us were about to turn in for the night. In the Statement, the Prime Minister paid fulsome tribute to Iain Duncan Smith for his work in government. But for those who read his resignation letter and watched him on TV yesterday, it is clear that his concerns and the reasons for his resignation are deeply held. Although some feel that this had been building up for some time, others such as the noble Baroness, Lady Altmann, took to the airwaves to condemn it as a more recent conversion. We may never know the truth.

I genuinely welcome the fact that, despite these distractions, the Prime Minister was able to focus on what was an extremely important EU Council, on which I want to focus. Europe is facing the most severe migration crisis since the Second World War. Many have observed that this is the biggest challenge that the EU has ever faced. Given the scale and the seriousness of the crisis, and the importance of the EU Council meeting, I find it disappointing that internal government political problems dominated the weekend’s news coverage.

Before we get into the detail, we should just reflect on how the human misery at the heart of the crisis is too often lost in the language of EU agreements and treaties. This is nothing less than a matter of life or death for the people involved. You just have to imagine being a parent and paying your life’s savings to someone you know full well to be a criminal just to try to possibly escape the horror that has convulsed your country, with no real prospect of peace in sight. We have seen this in Syria, Afghanistan and north Africa. Many of these families know that they face a great risk, but they believe that staying is a greater risk for them. We just have to imagine and think how absolutely desperate they must be. They have not packed suitcases to go off on holiday, nor have they have been able to sit down and make a rational choice to leave their homes. They feel that there is no alternative but to seek refuge and a better, safer life for them and their children elsewhere.

In 2015, more than 1 million people made that dangerous journey to Europe in a desperate search for safety. Upon arrival, if indeed they make it that far, despite the best efforts of charities, the authorities and volunteers, they all too often face appalling conditions. There is no proper access to all those things that we take for granted: homes, food, sanitation, healthcare and schools. They do not have them in the way that we expect to have them. This is a humanitarian crisis on the most enormous scale. Talk of migrants—especially “bunches of migrants”, a phrase that we have heard—merely dehumanises each and every individual tragedy that we are faced with. Perhaps we should all try to remember that and think about how we speak.

It is right that our response to a crisis of this magnitude is an EU-wide response. It is also right that, through the EU, we engage with Turkey. The need for Europe-wide co-operation underlines the case for remaining in the EU. Labour supports Turkey’s application to join the EU, but we also recognise that this is certainly not an immediate prospect: important issues have to be addressed first and conditions met. We want to be satisfied with regard to human rights, governance, free media, the rule of law and Turkey’s relationship with Cyprus. However, the agreement reached over the weekend, if implemented properly and fully, could relieve some of the pressure that both Turkey and Greece are facing. I welcome the clarification on Turkish visas and Schengen. We also pay tribute to those from our Armed Forces and military engaged in the EU naval operations for their vital work on this issue.

However, questions remain both on refugees and on the wider issues, which I hope the noble Baroness can address in her response. For those seeking refuge who are to be returned, what measures will be taken to ensure that they do not again fall into the hands of traffickers and that they are protected by international law? What measures are guaranteed for those claiming asylum in terms of access to interpreters and to legal advice and representation? Is the noble Baroness able to confirm whether Turkish travel documents have a sufficient level of integrity and security in line with EU standards, including on fingerprints? In repeating the Statement today, she gave some figures on the number of refugees who have settled in the UK. If she could update those figures, that would be helpful.

What progress has been made with ensuring that Turkey fully respects the Geneva Convention on human rights, to ensure that all those arriving from other countries receive formal international protection? What steps are being taken to ensure that those arriving in Turkey do not simply shift via other routes—for example, through Libya? What support is being given to Greece to enable it to execute the terms of the deal at such notice?

Finally, on the other issue that the Prime Minister mentioned, the tampon tax, I pay tribute to my noble friend Lady Primarolo, who is in her place. She tells the story of how, as a Treasury Minister, she sought and, in 2000, succeeded in reducing VAT on female sanitary protection to the then lowest level of 5% from the higher level that we as a Government inherited of 17.5%. It was not easy. She was told the justification for why it could not be reduced to the lower level of 5% in a scene worthy of “Yes Minister”. She was told: “But Minister, it is only for essential products”. When she asked for examples of what those could possibly be, she was told, “Well, Minister, essential products like razor blades”.

Today, we welcome the progress made and recognise the efforts of my noble friend in getting us to this point. The right decision has been made. The Chancellor said last week in his Statement that the money raised from that 5% VAT would go to charities. Does that mean that charities will not receive that income, or will the Chancellor find some other way to make up the deficit of the money that they were expecting? I hope that the noble Baroness will be able to answer my questions.

[Lord Wallace of Tankerness (LD)]

My Lords, I thank the Leader of the House for repeating the Statement. Given that much of it was about Turkey, I am sure that she and the House as a whole wish to place on record our condolences to the families of those who have been the victims of recent terrorism atrocities in both Ankara and Istanbul.

Faced with such an immense challenge, it would be unreasonable to doubt the good faith of those who have strived to reach some agreement between the European Union and Turkey over the past few days, but it should not come as a surprise when I say that we on these Benches have serious misgivings about the EU-Turkey deal which has emerged from the European Council meeting. The United Kingdom should be leading by example in the response to the refugee crisis. We should be using a significant influence to fight for an EU-wide response that is fair, just and respect the values that this country holds dear. Credit where credit is due: where this Government have played a leading role, such as in encouraging humanitarian relief in Syria and the region, we have been successful, not least at the Syria donor conference in London last month.

However, when we look at the agreement and the Statement from the Prime Minister, we find it shameful that the United Kingdom is demonstrating such reluctance to stand up for vulnerable refugees who have fled from war and terror. The noble Baroness, Lady Smith of Basildon, gave very clear substance to what those people are facing. Our continued inaction does not do justice to Britain’s history and values.

When one reads the Prime Minister’s Statement, one finds that we will not be taking more refugees as a result of this deal. Put that in a context where people are facing misery and need. One wonders whether this is really a manifestation of compassionate conservatism.

Safe and legal routes are crucial for moving the current process forward. The vast majority of refugees fleeing Syria and Iraq choose to stay in the region, as close to their homes as possible, but for those who cannot survive in the region, routes must be available to apply for asylum not only in the United Kingdom but in other countries as well. On these Benches, we support the measures set out by the United Nations High Commission on Refugees on 4 March: humanitarian admission programmes, private sponsorships, family reunions, student scholarships and labour mobility schemes. Direct resettlement from the region is part of that, and we should be scaling up our resettlement programme. Twenty thousand people over five years is insufficient. The United Kingdom should use its leadership in Europe to encourage other European countries to scale up their own programmes of direct resettlement.

We also need a system in place for those already in Europe, including the estimated 26,000 children who arrived in 2015, 10,000 of whom are now missing. In the vote in the earlier Division, the House made its view very clear on that.

On previous occasions the noble Baroness the Leader of the House and other Ministers have tried to argue that, by accepting those seeking asylum who have travelled the fraught journey to continental Europe, we are only encouraging more people to do so. I have always thought that it was a bit like saying that the Good Samaritan should really have passed by on the other side because, by stopping to help, he was only encouraging more acts of highway robbery on the road between Jericho and Jerusalem. If, as the Statement hopes, the agreement breaks the business model of the people smugglers, what reason is there then for us not taking an equitable share of those who are already in continental Europe?

Clearly, the Dublin system is not currently sufficient to deal with this crisis. Instead, the United Kingdom should encourage the European Union to develop European-wide systems of responsibility for asylum seekers, including setting up a system for asylum requests to be distributed equitably across EU member states which takes account of different demographic projections, such as the high net migration in the United Kingdom, compared to forecast population decreases elsewhere.

Turning to the specifics, many people and well-recognised organisations have expressed concern that the proposals as they stand seek to address only the short-term concerns over European borders. Serious questions were raised after the 7 March proposals were published as to their standing in European Union and international law. Will the noble Baroness the Leader of the House give the House the Government’s assessment of the international legal position in relation to this agreement? Can she give details of how full and proper asylum determination procedure will be carried out in Greece in full compliance with European Union law? The agreement states:

“People who do not have a right to international protection will be immediately returned to Turkey”.

Can the noble Baroness provide more detail on who that covers? What provision is made for families and children, given that children and women now make up 60% of those crossing to Europe? Will those who have the right to international protection be granted asylum only in Greece, or will they be relocated elsewhere?

The one-for-one arrangement appears to apply only to Syrian refugees. What is the position regarding other nationalities, such as Iraqis and Afghans, who are also fleeing conflict areas? Not surprisingly, Greece is having great difficulty processing the number of people through the relocation provisions, so can the noble Baroness give us some detail as to how quickly people will be assessed and indicate what provision the United Kingdom is making for the assessment process?

There appears to be little in the way of concrete proposals to tackle trafficking within Turkey and other launch points, including Libya. Although we would like a full investigation into the cash flows of the smuggling businesses, in the mean time, can the noble Baroness assure the House that the money provided by the European Union to improve humanitarian conditions for refugees in Turkey will be closely monitored and, where possible, be funded through international organisations, including UNHCR, UNICEF and other NGOs?

Finally, the EU-Turkey statement reaffirms a commitment to re-energise the accession process. We have supported Turkey’s application, but I do not think that anyone can be under any illusion that, however important it is, it will be a difficult and probably long process. Can the Leader of the House assure us and confirm that, given some of the actions of the Turkish authorities in recent months, there will be no watering down of the justice and rule-of-law requirements of EU membership?

In conclusion, we have seen in recent days the real colour of this Government on this and other issues. Whether it is in relation to the incredibly vulnerable unaccompanied children and families seeking refuge in Europe or the Chancellor of the Exchequer trying to pay for his bonus for the wealthy by punishing disabled people, it appears that, time and again, this Government’s choices are driven by cynical politics and public image rather than economic necessity or indeed humanitarian concern.

[Baroness Stowell of Beeston]

My Lords, I am grateful to the noble Baroness and the noble and learned Lord for their responses. First, I join the noble and learned Lord in his tribute to and concern for the people in Turkey who have suffered at the hands of recent terrorist attacks.

I start by emphasising that a major development came out of the Council meeting last weekend. For the first time, there is now a serious and comprehensive proposal to deal with this very serious migration and refugee crisis in Europe. We, the United Kingdom, played a part in getting the programme in place, and we are proud that we are at the table and doing just that. As has been acknowledged, if it is properly implemented, the deal with Turkey will break the business model of those very wicked people, the people smugglers, by breaking the link between getting in one of their boats and getting resettlement in Europe. The purpose of that is to deter the most desperate people—the noble Baroness is absolutely right—from embarking on a very perilous journey to find refuge. This European Union programme for refugees in Turkey is comprehensive, and builds on the bilateral support that the United Kingdom is already providing to the many Syrian refugees in Turkey. One thing that is important for me to acknowledge, which is in a way a response to some of the points that have been raised by the noble Baroness and the noble and learned Lord, is the generosity of the people of Turkey in providing that refuge to so many people in their country. What we and the European Union are doing by introducing this programme and providing the financial support for Turkey is for that money to go very much to providing respite, refuge and an alternative, albeit temporary, way of life, until those very desperate people can return to their country.

The noble Baroness and the noble and learned Lord asked how we could ensure that this new programme could comply with international and European law. Of course, there is no way that we would sign up to any scheme that was not compliant with international law—and nor would any member of the European Union or the European Union itself. Of that we can be confident. As for the support to those who arrive in Greece and seek refuge and asylum there, the new processing centres or hotspots will include interpreting advice and ensure that they are all treated as individuals, in terms of their cases, as international law requires.

The noble Baroness asked about Turkish travel documents. Clearly, most of the people coming from Turkey are from Syria, but there are people coming through that route from other countries who are not from Syria. For the one-for-one scheme to apply, when a refugee from Syria is returned to Turkey, another refugee has the opportunity to be settled in Europe. Those who use that route who are not from Syria, whether they come from Afghanistan or Pakistan, will be returned to Turkey but not be part of that scheme.

The noble and learned Lord asked how quickly people would be processed. I do not have any further details on how the scheme will be implemented at the moment, except to say that the implementation phase now is under way, which is one of the things that the United Kingdom is contributing to—actually getting that expertise there on the ground, to assist Greece in being able to process people. The noble Baroness asked about support to Greece so that it can handle this situation. That is very much part of this arrangement, and we have contributed additional funds to Greece for that purpose.

We can be confident that this programme is a response to the leadership that our Prime Minister took in Europe to come up with a plan very much targeted at addressing the root cause of the terrible situation and crisis in Europe at the moment. We have to deal with the political situation in Syria, clearly, but we have to support people as far as we can in countries close to their own country and break this terrible, wicked scheme, which criminals are making money out of and which puts so many people at risk.

On the other points that were raised, and on what the noble Baroness said about the tampon tax and VAT on sanitary products, and the story that she relayed from the time of the noble Baroness, Lady Primarolo, in the Treasury, I find that absolutely shocking. I cannot believe that razor blades are considered essential and sanitary wear not. I also find it quite surprising to hear men on the television and in Chambers such as this using the word “tampon”. I still find that in itself quite a revelation, but I am pleased that finally after all this time we have been able to address that unfairness and do something about it.

In response to some of the points that the noble Baroness and the noble and learned Lord made about recent events, as I said in concluding the Prime Minister’s Statement, I say again that this is a one-nation Conservative Government, and we are very much determined to support everybody in this country. I make it clear to your Lordships’ House how proud I am to be a member of this Government, alongside everybody who sits around that Cabinet table.

European Council

Lord Wallace of Tankerness Excerpts

Monday 22nd February 2016 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness for repeating today’s Statement, which is hugely significant for the future of our country and its place in the world. I am also grateful to the Chief Whip for allowing some additional time for Back-Bench contributions and questions.

Clearly, anyone could be forgiven for thinking that the UK’s relationship with the EU was the only issue discussed at the European Council over the weekend. I am grateful that, in the Statement she repeated today, the noble Baroness made it clear that other issues were also debated. It must be immensely frustrating for other countries that issues such as migration, Syria and Libya have not received the same degree of interest as our referendum has. Perhaps that makes a profound point, because those are obviously issues where European and international co-operation are absolutely vital and crucial.

On our role within the EU, the Prime Minister is clearly relieved that a deal has been done and that he has been able to announce the date for the referendum, although at times over the weekend it was all looking slightly dodgy. We were told that, following the completion of negotiations, there would be an English breakfast on Friday morning where the deal would be finalised and then the PM would travel back for a Cabinet meeting in the evening. However, as that breakfast became brunch, brunch became lunch, and lunch became dinner, it was clear that there were still a few sticking points. When we saw Angela Merkel rushing out for a bag of chips as sustenance we knew there was still some way to go. Perhaps the Prime Minister thought that he could starve them into submission. Finally the deal was announced—not exactly what he had asked for but, as any experienced negotiator will confirm, that is the nature of negotiations. The deal had significant changes that certainly cannot be dismissed as unimportant, although some have tried. Then, for the first time since 1982 during the Falklands crisis, the Cabinet met on a Saturday.

There is an historical connection here, in that it was Harold Wilson, the first and until now the only Prime Minister to hold a referendum on the European issue, who is said to have once remarked:

“A week is a long time in politics”,

though his referendum campaign lasted just half the time of ours. If a week is a long time, the next four months of campaigning are going to seem like an absolute eternity. There will be discussions and deliberations and, as leaflet after leaflet extolling the views of one campaign or another is handed out and posted through letterboxes, recycling bins are going to be full to overflowing.

I predict some excellent debates and factually based communications that will inform and enlighten. I also predict nonsense, scaremongering and bad temper. We shall also have some moments of pure theatre. The “will he/won’t he” performance of Boris Johnson’s announcement last night was clearly designed to create the maximum spectacle and drama, and he succeeded in that. He was obviously aware of the deliberate impact that that would have on the Prime Minister.

However, for most of us this issue has to be more than just about personalities and theatrics. It has to be about more than who can shout the loudest or get the most celebrities signed up to their campaign. It is more—so much more—than Mr Cameron’s deal. Support for that view has come from surprising sources. It was almost incredible to hear Chris Grayling yesterday morning on the radio saying that it was a relief rather than difficult to declare his opposition because he, like many others, had made up his mind weeks ago, but had done the right thing and let the Prime Minister continue his negotiations. The right thing? Whatever the Prime Minister returned with was never going to get the support of the very people—his Cabinet and his party—he was trying to please. When, on 2 February, we had that previous Statement I expressed our view that too much of the Prime Minister’s negotiating position had been targeted at his own internal party problems, whereas the only objective must always be the national interest and the key issues that impact on people’s everyday lives.

I am not suggesting that the deal is not helpful. People will have their own views. However, there are so many other issues that are crucial to the UK and to Europe on which we should be taking a lead. We should be exerting our influence and trying to create the kind of EU in which we can take great pride. The Labour Party and the trade unions played a strong role in ensuring that issues such as employment rights, guaranteed paid holidays, paid maternity leave and protection for agency workers were kept out of any renegotiation. Those rights are far too important to be lost or weakened.

The same applies to consumer and environmental protections that have a real and tangible impact on many if not all of us. That includes the cutting of data roaming costs for mobiles and for using the internet, the improvement of air passengers’ rights, clean beaches and bathing water—good for our well-being and a boost to local economies—and how we deal with and dispose of waste. Thanks to EU legislation, on those kind of issues we all benefit. Indeed, given that the air quality here in London and other parts of the UK continues to fall short of EU clean air standards, it would clearly have been more beneficial to the public health of our fellow citizens if the Government had engaged more proactively on this front.

I watched with incredulity yesterday as Iain Duncan Smith claimed that we would be safer out of the EU, as being part of it increased the threat of Paris-style terrorist attacks. Is this the same Iain Duncan Smith who supported the Government’s proposals to opt out of EU measures to deal with crime and policing, including terrorism, and then found out, along with the rest of his party, that they had to opt back in to everything because it actually worked? It worked because it made us safer.

For so long, Brexit campaigners have been telling us that EU citizens travel to the UK in order to get benefits. Then, when the Prime Minister reaches an agreement to cut these, the argument shifts to being that it will not make any difference. You cannot have both sides of the argument at the same time. As this campaign progresses, let us have the kind of debate that can make us proud as a country and as a Parliament. Let us try to recapture some of that vision and promise that was in the hearts and minds of those who first conceived that a way to peace and prosperity was a Europe—which was then divided and devastated by two wars—that would work together with common principles and values for the benefit of all citizens. Let us have a debate of vision and of facts. We should recall that in 1961, our application for membership was vetoed because it was felt that we would be too dominant and powerful through our relationship with the Commonwealth and the US. Yet today we maintain those strong and special relationships alongside our membership of the EU.

None of us would claim that the EU was perfect. We all recognise where it has been weak and where change is needed. But would it not benefit this country if we could again be seen as a powerful figure on the European stage—a powerful country that would take a lead within an EU that works better for working people, strengthens businesses small and large, and brings ongoing and better reform? Why should we not seek to build human rights, employment rights, consumer and environmental protections into future Europe-wide trade treaties? Taking on workers from other countries should never be used as an excuse to drive down wages or disadvantage local workers. Rather than merely seeking greater control for ourselves, why should we not seek to stop the pressure from Brussels to deregulate and sell off public services? That is a matter for national Governments. Why are we not pressing across the EU for a more humanitarian and strategic response to the thousands of refugees seeking asylum, with far too many losing their lives in the process?

Whatever the outcome of the referendum on 23 June, the EU is still going to exist just 21 miles from the shores of Dover and across the border in the Republic of Ireland. That is a fact of life. If we vote to leave, we will still have to manage that reality while our businesses, large and small, that want to trade within the EU will still have to abide by its regulations, which the United Kingdom will have no part in making. During this referendum we will hear a lot of talk about sovereignty, independence and what it means to be a nation state in the ever-changing world of the 21st century. We have already heard quite a bit about patriotism. I so hope that neither side in this debate will seek to claim ownership of patriotism or denigrate anyone else’s.

As I said earlier, and I am sure that I speak for many Members of your Lordships’ House, I hope that the debate will be more informative and enlightening than it is misleading and ill tempered. However, my plea is deeper than that. Already today, we have heard the news that the pound is falling in value, partly from the uncertainty of Brexit and partly because of a Government who are now seen as divided and preoccupied. This makes the need for a constructive, positive debate not just important but absolutely essential. Four months is a long time. The Government must not be so preoccupied with this debate that they lose focus on other issues. The debate has to be about the future of the UK and not that of the Conservative Party, as entertaining as that may be, because this is not about entertainment. This is a huge decision that faces each and every one of us. In the Statement which the noble Baroness repeated, there was the comment that this is not just a theoretical question but a real decision about people’s lives. We entirely concur with that statement.

The British people deserve a proper debate ahead of 23 June. My party has set out its position clearly and with conviction. We look forward to making the case for a stronger, open and confident Britain remaining as an engaged, challenging and leading member of the EU.

[Lord Wallace of Tankerness (LD)]

My Lords, I, too, thank the noble Baroness the Leader of the House for repeating the Prime Minister’s Statement. At the outset, I declare my registered interest as a member of the board of Britain Stronger in Europe. I say gently to the noble Baroness, Lady Smith of Basildon, that twice in her remarks she talked about four months being a long time. A number of us in your Lordships’ House who are veterans of three and a half years on the Scottish referendum would think four months a relative relief.

Those of us on these Benches very much welcome the Prime Minister’s successful renegotiations in Europe last week. The hard work that he put in, not only last week but in the weeks leading up to it, was very evident and it is fair to say that what he came away with exceeded many people’s initial expectations. We also welcome the willingness of other EU member states to work with the United Kingdom to reach this compromise. That demonstrates the degree of good will towards the United Kingdom from other EU Governments, and their commitment to maintaining British membership. I was delighted yesterday to hear the Prime Minister setting out, at long last, the strategic case for the United Kingdom continuing its membership of the European Union. It was very welcome, too, that the Prime Minister took the opportunity in his Statement to knock on the head the fanciful idea that, in the event of an out vote, there could be a second renegotiation and a second referendum.

The referendum vote in June will be of the utmost significance. It will settle not only Britain’s relations with Europe, but our place in the world. We very much believe that the United Kingdom will derive strength from being seen as a team player and engaged in international affairs. It is an illusion of sovereignty to suggest that, if we come out, we will somehow get sovereignty back. Liberal Democrats are firmly committed to the United Kingdom’s place in the European Union. We are united in our belief that the United Kingdom is better when it is united with our colleagues in Europe. In an uncertain world of challenges and threats, I also believe that Europe is better and stronger for having the United Kingdom in it as a member state.

We have spoken from these Benches on a number of occasions about how we will use the campaign to speak about the positive case for Britain remaining within the EU. In the EU, Britain can thrive. Together, we will be a stronger and more prosperous nation, securing jobs and creating opportunity for our children and grandchildren. We have created together the world’s largest free trade area, we have delivered peace, and we have given the British people the opportunity to live, work and travel freely. History shows that Britain is better when it is united with our European partners. Together, we are stronger in the fight against the global problems that do not stop at borders. We can combat international crime, fight climate change, and together provide hope and opportunity for the future.

It is worth reflecting for a moment on the creation of the European Union and its lasting legacy. After decades of brutal conflict on the continent, European nations came together in co-operation. To this day, neighbours and allies support each other in what remains the world’s most successful project in peace. We remain stronger together in continuing the fight against terrorists who despise our liberal and modern way of life. Will the noble Baroness the Leader of the House take the opportunity to repudiate the alarmist comments made by her colleague, the Secretary of State for Work and Pensions, when he said that remaining in the EU exposes Britain to a Paris-style terrorist attack? Does she agree that it is only by working in co-operation with our international friends and neighbours that we can combat such threats to our security?

Britain is already stronger and better off trading and working with Europe. We are part of the world’s largest single market, allowing British businesses to grow and prosper. Our people have more opportunities to work, travel and learn than ever before. Staying in the EU gives our children and grandchildren greater prospects, and the best chance to succeed. Does the noble Baroness share my concerns, therefore, at the dramatic fall in sterling today—referred to by the noble Baroness, Lady Smith—which we believe was driven in great part by fear of Brexit? Does she agree that the threat of leaving the EU is already costing British businesses and that it would be much worse for British exporters if we were to withdraw from the world’s biggest single market? Can the noble Baroness indicate when we will get the Government’s report on EU membership under Section 7 of the European Referendum Act that Parliament passed towards the end of last year?

This country’s place in the world depends on our getting on well with our neighbours, who share our values and interests. Does the noble Baroness the Leader of the House agree that this referendum is about the kind of country we want to leave to our children and grandchildren, and about how we think of ourselves as a country? Does she agree that issues such as climate change and the natural environment are better tackled when we come together to think about the world we want to leave to future generations?

There has been speculation about a statement or an initiative on sovereignty, which was lacking from the Prime Minister’s Statement today. Before going down that particular road—it may just have been a ruse to try to bring Boris on board—will the noble Baroness reflect that in fact further piecemeal constitutional meddling of that kind may end up with consequences more damaging than the ones they seek to resolve? Will she give the House an indication of the Government’s thinking on that?

Finally, will the noble Baroness confirm that this is, indeed, a once-in-a-generation decision and that there is only one opportunity to show that the United Kingdom is not a country that is isolated and sidelined but one that is open, outward-facing and proud of its place in the international community, and that an out vote means taking the United Kingdom back and an in vote means taking the United Kingdom forward?

[Baroness Stowell of Beeston]

My Lords, I am grateful to the noble Baroness, Lady Smith, and the noble and learned Lord, Lord Wallace of Tankerness, for their remarks and their support for what the Prime Minister has negotiated in Europe this weekend.

I shall start by reflecting on the significance of the events at the end of last week. On Friday my right honourable friend the Prime Minister did something that many people had predicted was not possible: he delivered a legally binding, irreversible renegotiation of our relationship with the European Union. In doing so he secured a new settlement, carving out a special status for this country that gives us the best of both worlds and means that we remain in the parts of Europe that work for us—the noble Lords have talked about some of them—around making sure that we are stronger and safer. That most definitely includes security: although we retain our responsibility to national security, we benefit from the co-operation of our partners in Europe in terms of protecting ourselves from terrorism. Through his renegotiation my right honourable friend has secured terms that mean we will be better off because of increasing competitiveness and the securing of the completion of the single market. He has also made sure that we stay out of the parts that are not in our best interests and have frustrated us for too long.

Having secured all that, we now need to get on with our other commitment to deliver to the British people the opportunity that they have long waited for to have their say on whether Britain should remain in or leave the European Union. The noble Baroness made reference to four months and the time between now and the referendum taking place. I note what the noble and learned Lord said about the length of time of the Scottish referendum campaign. I say to noble Lords that the reason why it is four months is that we are reflecting the proper processes and steps that it was agreed in the European Union Referendum Act should take place between now and the referendum happening. That process has started today: the statutory instrument confirming the date has been laid. That will be debated in both Houses and is subject to an affirmative resolution. Today we have also published the White Paper, which meets one of the requirements of the referendum Act regarding the other information that we as a Government are required to produce. That will happen, in line with the Bill, 10 weeks before the referendum takes place. So that is all in train.

With regard to other points raised by the noble Lords, I say to the noble Baroness, who talked about wanting to see the UK remaining a powerful figure within Europe as a result of the referendum, that I agree with her. We are a powerful player in Europe now and that is what we want to remain. She made the point that the European Union would continue to exist even if the United Kingdom voted to leave. She is absolutely right: if this country decided to come out, the European Union would still be there. As my right honourable friend the Prime Minister said when he was being interviewed yesterday, one of my Cabinet colleagues said on Saturday when we were discussing his renegotiation, “This utopia might sound fantastic but I bet that when you got there, there would still be a European Union”. It is a place that will exist because other people would be members of it even if we were not.

The noble Baroness said it would be important that between now and the referendum taking place the Government continued to govern, and that there are other matters of greater importance to the people of this country. I agree with her about that; we have important business to conduct and will continue to do so.

The noble and learned Lord made reference to the effect on the currency markets. In my view, such an effect between now and the referendum taking place would be about uncertainty: we are now in a state where there is a debate going on and there is some uncertainty about the result of that referendum. What I, the Prime Minister and the Government are arguing is that, by voting to remain in the European Union, we would provide certainty for the future of this country. If this country decides to leave the European Union, it would create a long period of uncertainty.

As to the noble and learned Lord’s question about the sovereignty of Parliament, we have already, in the last few years, protected the sovereignty of this Parliament by passing that Act in 2011, which means that never again can any Prime Minister give away powers to the European Union without coming back to this country and giving the people a say. The very fact that we are having a referendum later this year, in June, is also an act of sovereignty. It also means that the people of this country are in charge of their own destiny. I very much believe and hope that the result of the referendum will see that we remain strong and secure in our future, having the best of both worlds, which means being part of a reformed Europe, but also being in charge of our own destiny and taking advantage of the changes that the Prime Minister has been able to negotiate.

European Union: United Kingdom Renegotiation

Lord Wallace of Tankerness Excerpts

Thursday 4th February 2016 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I am grateful to the Leader of the House for repeating the Prime Minister’s Statement. I also thank the Government Chief Whip for extending the time for Back-Bench contributions. I know that the noble Lord understands the need for that and also for a more substantial debate on this matter in the near future.

Let me make it clear at the outset that we broadly welcome the Statement. I readily confess to some degree of relief that the Prime Minister is finally making at least some progress on his aim of seeking a new relationship with the European Union. I do not think I am alone in finding that the Prime Minister’s rhetoric has been, perhaps, the opposite of what one would normally expect from a good negotiator. This is not a game. This is not an issue in which internal party political divisions should have any role at all. The only objective must be the national interest: an interest that brings jobs, investment, prosperity and a continued influence in the world; greater protections for British workers and increased opportunities for our businesses; and that keeps us safer, both at home and abroad. What has been outlined so far appears to be a step in the right direction. However, as I think the Leader conceded, it is more of an agreement to agree than a detailed and finalised deal, but it is none the less welcome and we look forward to further clarification and expansion on the detail of how the proposed negotiation will work in practice.

We on these Benches welcome that important and hard-fought advances such as employment rights and improved environmental protections have not been negotiated away. They are tangible benefits for British citizens and it is right that they are protected. Whatever the future arrangements, I hope that the Prime Minister will ensure that British workers are never left behind in standards and rights at work.

I want to be clear that my party will campaign to keep the UK in the European Union, not least because we believe it is increasingly impossible for countries to be fortresses in our interconnected world. Many of the most serious challenges, including crime, terrorism and climate change, affect all countries and are best met by co-ordinated European and worldwide action.

Many noble Lords will recall the hugely informative debates we had on the coalition Government’s bizarre hokey-cokey of opting out then opting back in again on crime and criminal justice measures. It was clear then, and the Government had to concede, that meeting the challenges of serious and organised crime—drug trafficking, fraud, child abuse and paedophilia, and people trafficking—could effectively be tackled only through the EU. I remain of the view that one of the strongest cases for the European Union is the effectiveness of our co-operation on serious crime. The threats and challenges we face will not go away by voting to leave. That established co-operation means that we are better able to detect crime, bring criminals to justice and, therefore, protect our citizens.

It also illustrates one of the failures of politicians, and others, on this issue. There has been a complete inability to talk about the EU so that people outside Parliament know what we are talking about—even in the Statement today. For most people, an emergency brake is in a car. The language of EU directives, qualified majority voting and other terms that most people never normally use does not begin to explain why our membership is so important. We need to talk about the Europe-wide environmental measures that make our beaches and coastal waters cleaner and safer, about consumer protection to stop customers being ripped off, about rights at work, about jobs, about justice and about catching criminals. These are the issues that really touch people’s lives.

There is a huge challenge for all of us in this House and our colleagues in the other place, as well as our national media and opinion-formers. That challenge is illustrated by what could be described as the more colourful headlines, front pages and commentary that the Prime Minister has faced since his return. This debate is a once-in-a-generation opportunity for many millions of people, each with one equal vote, to have their say about our country’s future place in Europe and the world—although, sadly, not for the 16 and 17 year-olds whose future is dependent on the outcome of that vote. The debate should not be only one of persuasion. It should be one of education and providing straightforward, honest and accurate facts and allowing people to reach their own decisions.

Noble Lords will recall that during the passage of the European Union Referendum Bill, your Lordships’ House secured concessions from the Government on the importance of significant information provision in advance of the referendum, including agreement to report back on: the rights of individuals within the UK, including employment rights; the rights of EU citizens living in the UK; social and environmental legislation; law enforcement, security and justice; the effect of withdrawal on Gibraltar; the right to apply for financial support from EU structural funds; and support for agriculture and research—although, sadly, not our call for the Treasury to report on the financial impact of the UK voting to leave. That is such an important issue and I ask the Leader to raise this with the Prime Minister and the Chancellor in the interests of a balanced and informed debate. If I have one plea for politicians and the media, it is that this debate should provide more light than heat. As Thomas Jefferson said:

“The cornerstone of democracy rests on the foundation of an educated electorate”.

Finally, as my colleague the leader of the Opposition in the other place told MPs yesterday:

“The Labour party is committed to keeping Britain in the European Union because we believe it is the best … framework for European trade and co-operation in the 21st century, and in the best interests of people in this country”.—[Official Report, Commons, 3/2/16; col. 928.]

No doubt, many in your Lordships’ House—on all sides—are of the same view. I trust also that everyone in this House understands that, should the UK vote to leave the EU, our country, our companies, our universities and our people will still have to follow its rules when doing business with its institutions or when travelling to the remaining member states—all without any further say in making those rules.

Reform is a constant process. It is not an event. The most effective way to reform an institution is through patience, explanation, persuasion and the building of alliances—often across and outside the normal political boundaries. That is something that noble Lords understand well.

It would be helpful to your Lordships’ House if the Leader of the House could today provide some of the detail that so far is missing or set out the timetable in which that will be provided and your Lordships’ House given an opportunity to debate it. The sooner the proposed reforms are agreed and clarified, the sooner we can step up the campaign to keep Britain in Europe and end the damaging uncertainty that has been created around our continued membership.

[Lord Wallace of Tankerness (LD)]

My Lords, I, like the Leader of the Opposition, thank the Leader of the House for repeating the Prime Minister’s Statement and also for the arrangements for Back-Benchers to raise questions on this important issue. In his Statement, the Prime Minister said that a full day’s debate would take place following the Statement after the European Council later this month in government time in the other place. I hope that the noble Baroness will be able to make a similar commitment with regard to a debate in your Lordships’ House.

The draft plan before us represents meaningful reforms that can strengthen our economic co-operation with Europe, can bring jobs and growth to the United Kingdom and indeed, as the noble Baroness said in repeating the Prime Minister’s Statement, will provide strong protection for Britain from discrimination and unfair rules and practices. Indeed, the provision prohibiting discrimination on the basis of official currency or legal tender seems to be a particularly strong passage in the texts that have been released.

The Prime Minister referred to the legally binding nature of any agreement. Will the noble Baroness the Leader of the House amplify that when she responds? Would these agreements be legally binding and come into force when the United Kingdom notified the Council that there had been a decision in the United Kingdom to remain in the European Union?

While we on these Benches were somewhat sceptical of the political motives of the Prime Minister in seeking a referendum, it is nevertheless a reality. My party will use the campaign to deploy a positive case for Britain remaining within the European Union. We stand united against the idea that Britain should be isolated, sidelined or alone. We believe that, together in Europe, the United Kingdom will be a stronger and more thriving nation.

In the European Union, Britain is part of the world’s largest single market, allowing our businesses to grow and prosper. In the European Union, neighbours and allies support each other in what remains the world’s most successful project in peace. In the European Union, our citizens have more opportunities to work, to travel and to learn than ever before, ensuring that our children and grandchildren have ever greater prospects and opportunities. In the European Union, together we can protect the natural environment and tackle climate change more effectively. In the European Union, together we are stronger against terrorism and against those who despise our liberal and modern way of life, and we can together tackle more effectively the criminal gangs who peddle illegal drugs and weapons and engage in human trafficking.

These are important arguments that we need to deploy in the referendum. Does the noble Baroness the Leader of the House therefore accept that, while the reforms in this particular package are welcome, the referendum debate itself will need to go beyond the details of the renegotiation and take into account the wider benefits of European Union membership and the costs of leaving? Will the noble Baroness confirm that the Government’s message during the referendum campaign will not just be about the finer details of this package, but about the further and more important values that are at stake?

In the light of the changes made in your Lordships’ House to the European Union Referendum Bill, will the Government ensure that there is a realistic assessment of what Brexit would look like and its disadvantages for the United Kingdom? Can the noble Baroness assure your Lordships’ House that the reports on the consequences of withdrawal and alternatives to membership will provide a meaningful analysis?

Strathclyde Review

Lord Wallace of Tankerness Excerpts

Wednesday 13th January 2016 Lords Chamber

[Lord Wallace of Tankerness (LD)]

My Lords, I join the noble Baroness, Lady Smith of Basildon, in thanking the noble Lord, Lord Strathclyde, for setting out so clearly and comprehensively the preferred recommendation in his report, and indeed, during the preparation of his report, for meeting my party leader, Tim Farron, and myself to discuss his review. I also thank the noble Baroness the Leader of the House for giving the House an opportunity so swiftly to consider the important matter of the noble Lord’s report. Like previous speakers, I look forward to the maiden speeches during this debate from my noble friend Lady Bowles of Berkhamsted, whom I welcome to these Benches, and our long-standing and very much respected political colleague the noble Lord, Lord Darling of Roulanish.

It is fair to say that, with some noble and honourable exceptions, not many pulses start racing when you mention the subject of statutory instruments. As your Lordships’ House knows only too well, though, the reality is that SIs often contain very important and far-reaching policy detail. I am not going to rehearse all the events surrounding the tax credit regulations; suffice to say that it was a statutory instrument that brought forward policy changes that would have had a significant effect on millions of working people on low incomes. One might be forgiven for having thought that a policy proposal with such far-reaching consequences would have been brought before both Houses of Parliament as a Bill, as primary legislation, giving both Houses the opportunity to discuss the policy in detail at Second Reading, in Committee and on Report, and to propose amendments to it. Indeed, it was possible and conceivable that it could have been put in a Finance Bill, in which case this House would have had no locus at all.

However, that is not what the Government did. They proposed the change in a statutory instrument, for which the scrutiny process is considerably weaker. It is a matter of regret to me, as I am sure it is to other Members of your Lordships’ House, that because of how the Government approached this matter there was no opportunity for Members of this House, nor indeed for those in the House of Commons, to propose amendments to the policy, or for the two Houses to have a conversation and potentially reach an accommodation. As a consequence of the Government’s decision, this House took the only action that I believe it could take to make its voice heard: we voted to delay the implementation of the changes to tax credits until transition measures could be put in place.

On reflection, as the noble Baroness, Lady Smith, has indicated, the Government did of course change their mind, and that also led to the review that has been carried out by the noble Lord, Lord Strathclyde. His report has recommended that the House lose its important power to ultimately reject statutory instruments. This House has long recognised that, although some statutory instruments can be minor, others, such as the one on tax credits, contain significant policy issues, the consequences of which may have a deep and lasting effect on the people of this country.

As a consequence of the Jellicoe report in 1992, this House radically reformed the way it looks at statutory instruments by setting up the Delegated Powers and Regulatory Reform Committee, and the excellent work that that committee carries out has been complemented by the Secondary Legislation Scrutiny Committee. It is disappointing that the House of Commons does not seem to have availed itself of the opportunity to update its procedures in a similar way and to enhance its scrutiny of secondary legislation. As Mr Matthew Parris said in the Times on 19 December:

“MPs need procedures for early whistleblowing when dodgy secondary powers are sneaked into draft legislation”.

The consequence is that, in the vast majority of cases, meaningful scrutiny of statutory instruments is carried out by your Lordships’ House. That is why we on these Benches support and fully endorse the Motion that was proposed by Lord Simon of Glaisdale and carried by this House in 1994, and which is now enshrined in the Companion to the Standing Orders:

“That this House affirms its unfettered freedom to vote on any subordinate legislation submitted for its consideration”.

This long-cherished freedom means that, if a parent Act agrees that a delegation is appropriate, this House is entitled to discuss, scrutinise and, yes—in exceptional circumstances—reject statutory instruments. It is an incontrovertible truth that this House rarely rejects statutory instruments. This has only happened now in six instances since the 1946 legislation. We can safely say that six occasions in 70 years means it is a rare event.

My party believes that both Houses of Parliament should be examining better ways to work together to achieve more comprehensive, more informed and more effective scrutiny of the Government’s legislation and their actions. We continue to reject the notion that any Government who achieve a majority in the Commons should have the absolute power to prosecute their business without the burden of proper checks and balances, particularly as voter turnout declines and Governments are elected by a smaller and smaller share of the vote. We believe that a second Chamber, however it is constituted, should not be a mere echo of the House of Commons, and we are interested in ways to strengthen the role of Parliament as a whole, not to convert the House of Lords from an effective revising Chamber into something more akin to an impotent debating society.

I firmly believe that there is a strong case for enhanced parliamentary scrutiny of secondary legislation. This is particularly important when the primary legislation introduced by the Government is a so-called skeleton Bill, with statutory instruments flowing from it which contain provisions that are more suitable for primary legislation. If Governments make increasing use of skeleton Bills, it stands to reason that the statutory instruments stemming from them should be afforded much closer scrutiny.

To that end, my party submitted formal written evidence to the noble Lord, Lord Strathclyde, proposing two different mechanisms by which this House—and the House of Commons—could propose amendments to statutory instruments. We suggested that a controversial SI could be “parked” while a Motion is moved with the wording of the SI embedded in it. Amendments could then be moved and voted upon, at the end of which there may be an amended Motion for the Government to reflect upon. An alternative would be to amend the Government’s Motion to approve statutory instruments to suggest that specific provisions of the SI are removed or replaced with alternative wording. We believe that either mechanism would allow the House of Commons to think again and would in fact reduce the number of incidents where this House withholds its approval of a statutory instrument.

This is in contrast to the recommendations from the noble Lord, Lord Strathclyde, which I fear could diminish the ability of Parliament to hold the Government to account, and, as the noble Lord admits in his report, might lead to an increase in the instances where the House withholds its approval of a statutory instrument. Will the noble Baroness the Leader of the House give some assurance that the Government will not only consider the report of the noble Lord, Lord Strathclyde, but also examine the option of bringing forward procedures which would allow statutory instruments to be amended—or at least proposals to be made as to how they might better be amended—as part of their consideration of the review, and that they will do so within the appropriate committees of this House?

We maintain that it is an important right of both Houses of Parliament to vote on, and occasionally reject, statutory instruments. We do not believe that this House should be required to give up its power of veto when this is such a rare occurrence. To do so would change the arrangements agreed by both Houses following the report of the Joint Committee on Conventions in 2006, to which the noble Lord, Lord Strathclyde, referred. I am somewhat disappointed that the report proposes such a drastic step without suggesting any innovative way to ensure that the effective scrutiny of statutory instruments continues.

On some specifics, I am further concerned by the suggestion that there should be no fixed period for the Government to reflect on concerns raised by this House before pushing a statutory instrument through the Commons for a second time. The noble Lord’s reasoning is that,

“it might in a particular case overrun the time specified in the draft or instrument for its commencement … The Commons needs the ability to override the Lords rapidly in cases of urgency and the extent to which decisions of the House of Lords should be fatal to a particular instrument should not depend on arbitrary factors, such as the commencement arrangements for the instrument”.

Does not the same logic apply to primary legislation, where ultimately this House has the ability to delay a Bill for a year? This particular contention undermines further the ability of the two Houses of Parliament to have a conversation about the policy proposals put forward by the Government. We frequently see in primary legislation that, through a dialogue between both Houses, good sense allows Parliament to reach an accommodation. Instead, what is proposed here could potentially allow a Government to ignore concerns raised by your Lordships’ House. I do not believe that is in the best interests of scrutiny.

Furthermore, I draw attention to page 20 of the noble Lord’s report, where he suggests that removing the ability of your Lordships’ House to ultimately reject a statutory instrument could actually lead to an increase in the number of occasions where your Lordships’ House would approve such a Motion. The report says:

“If that were to happen, there are a number of ways in which it might be dealt with. The House of Commons might need to find ways to expedite its override procedures, which would have the effect of reducing the consideration given to the Lords rejections or it might lead to demands to proceed with option 1”.

That is, the House of Lords might lose its ability to scrutinise secondary legislation entirely. I am deeply concerned that this paragraph contradicts the intention on a previous page of the report that a Government should give “serious reconsideration” to the instrument in question and that they should do this both “seriously and well”.

In fairness to the noble Lord, Lord Strathclyde, he did mention this again today, if only in passing, but I am also disappointed about the problem I have already raised about skeleton Bills. One might say that his report is rather skeletal as to how the matter might be addressed. The noble Lord does not address the issue of a Government using statutory instruments as a means of implementing new policy, rather than putting that new policy before Parliament as primary legislation.

This is not a matter simply a matter for the Prime Minister and the Government: it is, as I think has been recognised by us having this debate today, a matter for Parliament. It is about the relationship between the two Houses, the role of Parliament as a whole in providing effective scrutiny, and the burden of proper checks and balances on the Executive. We on these Benches believe that it would be appropriate for Parliament to deliberate on any further discussion, and it may well be that the Joint Committee could be reconstituted. Whether the noble Lord, Lord Cunningham, wishes to chair it again is another matter, but he proved to be a very capable chair the last time that he did so.

As less and less detail appears on the face of Bills and statutory instruments become more complex and more important, they should be accorded more scrutiny, not less. I regret to say that, alongside the points made by the noble Baroness, Lady Smith, I can do no better than quote from Monday evening’s contribution by the noble Lord, Lord Kerslake, on the Trade Union Bill. Referring to the provisions of the Bill, he said:

“When this is taken with the other measures being put forward by the Government—the curtailing of the powers of this House, the moves to water down the Freedom of Information Act and the reduction in so-called Short money to support opposition parties—there appears to me to be a worryingly authoritarian streak emerging from this Government, who are uncomfortable with scrutiny and challenge”.—[Official Report, 11/1/16; col.79.]

Finally, the noble Lord, Lord Strathclyde, has admitted, as echoed by the noble Baroness, Lady Smith, that he did once pronounce the convention dead. I think he did it in a lecture in 1999, and surely the noble Lord does not want to give it the Lazarus effect. We await with interest to see how the Government will respond.

House of Lords: Strathclyde Review

Lord Wallace of Tankerness Excerpts

Thursday 3rd December 2015 Lords Chamber

[Baroness Stowell of Beeston]

My noble friend is examining how to secure the decisive role of the elected House on matters associated with secondary legislation. Clearly, it is important that all Governments use the right vehicle to secure Parliament’s decision on their business. That is what all Governments seek to do, and it is what we have been doing and will continue to do

[Lord Wallace of Tankerness (LD)]

My Lords, given that the Leader of the House has indicated that the noble Lord, Lord Strathclyde, and his review team will take into account the views of Members of your Lordships’ House, will she take this opportunity to commend the view of one noble Lord who said in oral evidence to the Joint Committee on Conventions:

“I think we can spend a great deal of time thinking about how one could improve the convention on secondary legislation, but I would not remove the power”?

They were the words of the noble Lord, Lord Strathclyde.

[Baroness Stowell of Beeston]

Another noble and learned Lord gave evidence to the same Joint Committee—the noble and learned Lord, Lord Falconer. He said this about secondary legislation:

“The question is not: is the power there to vote against it? The question is: is there a convention that says constitutionally we should not do it?”

The answer to the question must be, and is, no.

Syria: UK Military Action

Lord Wallace of Tankerness Excerpts

Wednesday 2nd December 2015 Lords Chamber

[Lord Wallace of Tankerness (LD)]

My Lords, I, too, thank the Leader of the House for ensuring that your Lordships’ House has the opportunity today, concurrently with the House of Commons, to debate this very grave and profound issue. It is right that this Chamber has the opportunity to express its views to the Government. Although it will be the responsibility of Members of another place to vote on the specific question that is before them, it is nevertheless important that your Lordships’ House can consider the wider questions and proffer such constructive advice to Her Majesty’s Government as we can. Looking at the speakers list, I see a vast reservoir of experience and expertise here on which to draw. We look forward, not least, to the maiden speech of the noble Lord, Lord Hague of Richmond.

From these Benches, we unequivocally condemn the atrocities that continue to be perpetrated by ISIL/Daesh. No matter where in the world these horrific acts of terror have taken place, its actions are reprehensible. ISIL’s evil is apparent to the world: we have seen it behead journalists and aid workers for a worldwide audience; we have heard of the rape and enslavement of Yazidi women; we have seen the summary execution of gay men and women; and we have seen ISIL’s brutal occupation of vast tracts of Iraq and Syria. Day in, day out, we witness the sheer fear of thousands of ordinary people as they risk their lives fleeing from its terror.

We on these Benches have recognised that in defeating an enemy such as ISIL, the use of military force will be necessary. We have supported air strikes in Iraq, but the decision to use, or extend the use of, lethal force is never easy. It is important to take a balanced judgment, based on evidence, after careful consideration. That is precisely what the Liberal Democrats have done in the past, and precisely what we have done today. I was proud to be a member of a party that stood alone in 2003 in opposing the war in Iraq. I was equally proud to support my noble friend Lord Ashdown when he alone called for military intervention to stop the massacres in Bosnia. That is why, as I explained to the House last week, we wrote to the Prime Minister setting out five considerations by which we would judge the words and actions of the Government when they were making their case for military action. We have also deliberated on the case for military action from our position as a liberal, international and humanitarian party.

The first consideration is whether military intervention is legal. In 2003, there was no UN resolution to legitimise action. That was therefore the crux of my party’s argument against the war then. Therefore, the role of the UN Security Council in Resolution 2249, which it adopted unanimously on 20 November, is extremely important. The resolution has already been quoted. It calls on member states to,

“take all necessary measures … to eradicate the safe haven they”—

ISIL—

“have established over significant parts of Iraq and Syria”.

We know that so far this year, seven terrorist attacks by ISIL against the United Kingdom have been prevented. Daesh, or ISIL, is a direct threat to the United Kingdom, to our allies and to international peace and security. Our closest neighbour and ally in Europe has just suffered the most brutal of attacks on its capital city, and the request from France that we give military support engages the right of collective self-defence under Article 51.

A second consideration is whether a wider diplomatic framework is in place, including efforts towards a no-bomb zone to protect civilians. We have consistently called for a diplomatic effort to put together a wider coalition, including those who have an interest in the defeat of jihadism, notably Russia and Iran. Any military action by the United Kingdom must be part of a wider international effort involving all those who have an interest in defeating ISIL.

Therefore, we welcome the diplomatic process in the Vienna talks, aimed at ensuring that the world remains engaged with Syria through this period of conflict and beyond, supporting the Syrian people to rebuild in a post-ISIL, post-Assad Syria. We recognise that these talks are still at a fairly embryonic stage and that the international coalition remains fragile, so we urge the Government to continue to be an engaged member of this process and to be at the forefront in ensuring that the Vienna talks succeed in bringing together the broadest possible support for action to end the war in Syria and to effect a political transition.

The third consideration we have set out relates to the Government’s response to our call for the United Kingdom to lead a concerted international effort to put pressure on the Gulf states to stop the funding of jihadi groups within the region and worldwide. We believe that the United Kingdom should press the Gulf states to do much more to assist in the effort to defeat ISIL, to establish peace in Syria and to help with refugees. Such states, we feel, are currently doing very little. However, ISIL is not just a western problem. It is a travesty to suggest that this is a battle between the West and the self-proclaimed caliphate. One way to prevent Daesh framing the situation in that way would be greater involvement by other countries within the region. I therefore repeat some of the questions I asked the noble Baroness last week during the Statement: what pressure is being put on our coalition partners in the Gulf to rejoin air strikes? What are the Government doing to ensure that they play their part? Are the Government confident that some of our coalition partners are doing enough in their own countries to stop the funding of ISIL and other extremist groups? It is surely critical that the Gulf states are vocal in their condemnation of ISIL.

Fourthly—the noble Baroness gave us some indication of this—the Government must map out what kind of Syria they wish to see post ISIL and what post-conflict strategy they will propose to give the best chance of avoiding a power vacuum in the immediate post-ISIL Syria. This is, of course, linked to the diplomatic discussion and framework to which I have already referred. The future of Syria after any action must be at the forefront of the minds of all those asking for support for air strikes, both here in the United Kingdom and among our international partners.

The fifth strand of our consideration regards the Government’s plans domestically. The fight against Daesh is not just in the Middle East; it is within Europe and it is here in the United Kingdom. We had urged the Government to conduct an investigation into foreign funding and support of extremist and terrorist groups within the United Kingdom. We very much welcome the Prime Minister’s positive response to that call when he addressed the other place this morning. We also want to know, and be reassured, that the Government intend to take steps to engage fully with Britain’s peace-loving Muslim community, to ensure understanding of the action and strategy that the Government are proposing.

My party leader, Tim Farron, has spoken very movingly indeed of his visits this year to Calais and Lesbos. I know he was profoundly affected by what he witnessed there: thousands of people who have made the dangerous crossing across the Mediterranean, through Turkey and the Aegean, to flee from Syria, Iraq and, in particular, from ISIL. I therefore echo his call for the Government to step up their acceptance of Syrian refugees and, in particular, to opt in to the proposal from Save the Children for the UK to give a home to 3,000 unaccompanied refugee children from within Europe. In his reply, will the Minister say whether the Government recognise, as has been highlighted by Save the Children, that several thousand refugee children have disappeared after arriving in Italy? Will the Government accept that there is a responsibility on all European nations, including us, to protect such children from further exploitation?

Concern was expressed by the noble Baroness, Lady Smith—and, indeed, was addressed by the Leader of the House—about the army of 70,000 ground troops, which we are told can commence effective ground action in Syria. The noble Baroness herself said that it was far from an ideal situation. Over time, we will want to be reassured, and seek a commitment, that Ministers will regularly update the House on the inevitably complicated twists and turns of the various alliances on the ground. Will the Minister give clarity about how they will cut off the flow of finance, fighters and weapons to ISIL?

Let us not kid ourselves: there are no quick-fix solutions for dealing with ISIL. Nor is there is an easy, simple route to peace and stability in Syria; it would be wrong to pretend otherwise. Nor should we pretend that doing nothing further is a risk-free option. My party has come to a difficult and very finely balanced judgment. I agree with the assessment of my party leader that air strikes alone will not resolve the hugely complex political situation in Syria. Tonight we are lending our support in the House of Commons for military action only because it is part of a wider strategy. We are clear that that must be done only in a political and diplomatic context.

I recognise, and respect, the considered and sincerely held views of many others who have reached a different conclusion. At this point, no one can be sure whether the action that the Government are taking and asking the other place to support will succeed, but I personally believe that unless something is done to remove ISIL from Syria, there is no hope whatever of progressing towards the goal of a safe and stable Syria.

This is clearly not the end of the debates and discussions in this House or the other place on this country’s role in Syria. It is the duty of Parliament—I hope your Lordships will see it as our particular duty—to scrutinise closely the actions of the Government in the weeks and months ahead, paying particular attention to the quarterly reports promised by the Government. We will not be uncritical if we believe the Government are making mistakes as the situation progresses. We on these Benches will continue to do what we can after today to hold the Government to account for the steps they should be taking to chart a diplomatic way forward, as well as contributing to future reconstruction in Syria, so that those people currently living in despair in Syria and the refugee camps can have a secure and stable future in their own country.

Syria: Foreign Affairs Committee Report

Lord Wallace of Tankerness Excerpts

Thursday 26th November 2015 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, we are grateful to the Leader for repeating the Prime Minister’s Statement, and welcome the publication of the Prime Minister’s response to the Select Committee report. Both are necessary and detailed, and cover a range of issues which all Members of your Lordships’ House will wish to consider and reflect on.

The first duty of any Government is the safety, security and well-being of their citizens. My party does not take an isolationist or non-interventionist position. We have never been reluctant to use force when it has been deemed necessary. I understand and appreciate how difficult it is when making such judgments to ensure that decisions are right and fair and that actions are justified.

Our interventions as the Labour Government in 1999 to protect Muslim Kosovar Albanians from genocide by Milosevic, and in Macedonia in 2001, were central and crucial to the protection of citizens and supporting peace. We used military action in Sierra Leone to bring order and stability, and we still have British citizens there playing a central role in building and maintaining that stability. We have also provided military support in times of humanitarian crisis; for example, fighting Ebola in West Africa.

Your Lordships’ House, Parliament as a whole and, indeed, the general public are convinced of the evil and brutality of ISIL. They are very aware of and well informed of the atrocities. Paris brought it so close to home: not only is ISIL willing to cause death, terror and mayhem—and apparently rejoicing in that—but it has the capacity to do so. If anyone doubts that such attacks will continue, they have only to look at the videos and messages posted online as recently as last night: they are chilling, they are frightening and they must increase our determination to protect our citizens.

Our efforts must focus on a comprehensive strategy to tackle not just the actions of ISIL but the environment which encourages such views to develop, and we have to support the overwhelming majority of Muslims here in the UK who themselves challenge and reject such a violent interpretation of their religion and culture. That is why any strategy to defeat ISIL has to be so much more than military action alone.

As we know, the UK is already engaged militarily, providing intelligence and logistical support to our allies in Syria who are engaged in flying missions. We are directly involved in targeted military bombing in Iraq, and we must judge any proposed extension of UK involvement against the wider support it can gain, against the contribution it will make to the chances of success and against the additional capacity it will create. Proposals that are brought forward must also be judged against how they can contribute to the future transition to peace and stability and to the protection and security of our citizens in the UK.

There are also broader issues. There is not just a war to be won; there is also a peace to be won. The issues raised by the Foreign Affairs Committee focus on extending military operations, and the committee identified seven challenges to the Government that should be addressed before the Prime Minister asks the House of Commons to consider this matter and vote. When the report was published a month ago, the Foreign Affairs Committee was not convinced that the Government would be able to provide convincing answers to the points raised. Of course, we will all want to consider with care the Prime Minister’s answers and the committee’s response.

The conflict in the region is not straightforward. Indeed, as the noble Baroness said, it is highly complex. The civil war in Syria has meant not just the physical collapse of a country but the absolute collapse of society. The skills of, and commitment to peace by, those who have been forced to leave their homeland and become refugees will be needed to build the future. So when the extension of air strikes on strategic targets in Syria is considered, it must be as part of a political, diplomatic, humanitarian and economic strategy. We will seek reassurances that the Government fully understand that, and that they will be engaged in and committed to working closely with countries across the region towards the reconstruction and a peace process. The Vienna talks are vital. Whatever the difficulties, that framework and the bringing together of so many countries provides some movement towards political and diplomatic progress.

I have a few questions for the noble Baroness that I hope she will be able to address. Can she say whether any assessment has been made of the direct threat to British citizens from ISIL here in the UK? Can she be clear about the additional capacity that British participation would bring militarily, given the support that is already being provided? Has any assessment been made of the impact of UK involvement on the success of the objectives of military engagement? Can she also say whether the service Chiefs of Staff have been able to participate directly in the decision-making process by providing expert strategic advice? The noble Baroness will understand the concerns about any possible unintended consequences of increased military action, particularly civilian casualties. Therefore, can she also say something about the impact of military action in terms of civilian casualties in Iraq as a result of UK action?

The Government’s response says that,

“a political solution to the Syria conflict”,

is “finally a realistic prospect” following the establishment of the International Syria Support Group and the Vienna talks. This is going to be a difficult process. The government response rightly states that this issue must not be reduced to a choice between Assad on the one side and ISIL on the other. In repeating the Statement, the noble Baroness was clear about the Government’s opposition to Assad. Can she say something more about the longer-term future of Assad and about how the British Government can achieve our objectives, given the atrocities for which Assad and his Government are responsible? I know where the Government stand on this but I am thinking particularly of how we think we can achieve the objective of removing Assad. Finally, can she say something further about the legal basis for military action following the United Nations Security Council meeting on 20 November?

Today’s Statement will obviously be considered carefully over the coming days before the Prime Minister brings any Motion before the other place. These are not issues on which your Lordships’ House has a vote, but I hope that—and put it to the noble Baroness that—given the military, diplomatic, political and humanitarian experience and wisdom in this House, we will have an opportunity for an early debate in addition to the scheduled debate she referred to. I urge the Prime Minister to consult those in this House whose expertise will be of great value.

[Lord Wallace of Tankerness (LD)]

My Lords, I join the noble Baroness the Leader of the Opposition in thanking the Leader of the House for repeating the Prime Minister’s Statement, and thank her also for early sight of the Prime Minister’s response to the Foreign Affairs Select Committee.

From these Benches we unequivocally condemn atrocities perpetrated by ISIL, be they in Paris, Ankara, Sharm el-Sheikh, Tunisia or Beirut, or indeed the day-in, day-out victimisation of people in the Middle East. We have also recognised that in defeating an enemy like ISIL the use of military force will be necessary, and indeed we have supported air strikes in Iraq. But the use of lethal force should never be used simply as a gesture—not even a symbolic gesture. It has to have effect. And to have effect, it must surely be part of a wider strategy, not least on the diplomatic front. So the challenge is not whether the Government have made a case to justify bombing but whether they have a strategy to bring stability to the region and lay the foundations for a peaceful future for Syria.

We have consistently called for a diplomatic effort to put together a wider coalition, including others who have an interest in the defeat of jihadism, notably Russia and Iran. While it is understandable, it is not right either to have a knee-jerk reaction to engage in air strikes in Syria or to avoid being involved in another conflict in the Middle East at all costs. Given the gravity of the question that we are being asked, we will look carefully at the Government’s response to the Foreign Affairs Select Committee and take a considered response.

In doing so, we will apply five tests to what the Prime Minister has said. First, is military intervention legal? In fairness, the response that we have had today is reassuring on that point. Secondly, is there a wider diplomatic framework, including efforts towards a no-bomb zone to protect civilians? Thirdly, will the UK lead a concerted international effort to stop the funding of jihadi groups within the region? Fourthly, is there a post-ISIL plan for Syria and Iraq? Fifthly, what is the Government’s plan domestically? I would be grateful if the Leader of the House could provide the House with further details. What is the Government’s plan for post-conflict reconstruction, especially in terms of the vacuum that would inevitably be created in an immediate post-ISIL Syria? What discussions are the Government having with Turkey about its contribution to the fight against ISIL? Can we be assured that we fully share each other’s objectives?

The document before us helpfully discusses the precision with which on a number of occasions our own military capabilities can add to the current actions. However, as we have seen from recent TV reports, some of those already engaged in the region do not act with the same kind of restraint and precision as we can and would. So if we were to become engaged in military action, what responsibility would we have for the actions of other members of the coalition? Perhaps more importantly, what influence could we bring to bear on other members of the coalition with regard to the restraint and precision with which they would take action?

What pressure is being put on our coalition partners in the Gulf, particularly Saudi Arabia and Qatar, to rejoin the air strikes, as my noble friend Lord Ashdown asked at Questions? They appear not to have been involved in them for some months. What are the Government doing to ensure that they play their part? I am sure that we agree that ISIL would like nothing better than to be able to frame a narrative that the conflict was one between the crusading West and them as defenders of Islam. We must give the lie to that, and that requires the evident and active involvement of coalition partners from the region itself.

Further, what efforts are being made to stop the funding and supply of resources to ISIL? Do the Government have confidence that some of our coalition partners are doing enough within their own countries to stop the funding of ISIL and other extremist groups? The strategy before us does not seem to address that question. What further steps do the Government intend to take into investigating foreign funding and support of extremist and terrorist groups at home in the United Kingdom?

It is disappointing that the document says nothing about trying to have a no-bomb zone, which would help the refugee and humanitarian situation in the region and beyond. Humanitarian aid alone, while important, cannot stop the flows of people, and there is huge pressure on Lebanon, Jordan and Turkey, which cannot maintain the numbers in refugee camps within their borders.

Finally, since we cannot separate the domestic and international aspects of the fight against ISIL, will the Leader of the House tell us what steps the Government are taking or intend to take to ensure that, in the event of action, the British Muslim population fully understand and are supportive of the actions that the Government propose?

[Baroness Stowell of Beeston]

My Lords, I am grateful to the noble Baroness, Lady Smith, and the noble and learned Lord, Lord Wallace, for their comments. As the Statement and their contributions have reflected, we all understand that this is a very serious matter and are dealing with it in a very careful, measured and constructive way. I am grateful for their contributions in that regard. In responding to the points that have been raised, I would say in the first instance that the Prime Minister has replied personally to the Foreign Affairs Select Committee report this morning. It is a comprehensive reply. I recognise that noble Lords will not yet have had an opportunity to study that document properly, but the Prime Minister intends it to be one for all parliamentarians to reflect on and consider. I think that the House will see answers in that document to many of the questions raised by the noble Baroness and the noble and learned Lord this morning.

The noble Baroness asked directly about having a debate in this House, should the Prime Minister decide that he wanted to bring the question to the House of Commons. Clearly, I would want to ensure that we schedule a debate in this House and would expect, in discussion with my noble friend the Chief Whip, us to follow a similar arrangement to that in previous years. We would have a debate in this House at the same time, or on the same day, that the House of Commons was debating this matter. As noble Lords will know, this House is not invited to divide on such a matter.

The noble Baroness, Lady Smith, and the noble and learned Lord, Lord Wallace, both asked about the legal basis of the proposed action outlined in the Statement. The Statement was clear that we have the ability, through the respective existing UN charters, to take action on the basis of self-defence—both in our own self-defence and collective self-defence of Iraq. But the comprehensive UN resolution passed last week, which urged all countries to take the necessary action to defeat ISIL, gives further resounding support for that action.

The noble Baroness asked for more information about the direct threat to UK citizens from ISIL and what assessment there has been of that threat. I would point out to her that, as she knows, there has been an attack on British tourists recently. There has also been evidence of imminent attacks in the UK, which our security services have been successful in thwarting. The noble Baroness will recall that, only in September, I came to the House and repeated the Prime Minister’s Statement when we took action on one of the British terrorists who was based in Syria. We had clear evidence that an attack was imminent on UK territory, which was why we took that action.

The noble Baroness asked what additional contribution the UK would make to the effort in Syria. Clearly, we have equipment which is not available to other coalition partners. This equipment is not just in addition to what they have available but brings an extra degree of precision and accuracy to targeting. That is why the coalition partners are very keen that we join their action in Syria. She also asked what the chance of success was. I believe absolutely that there is evidence of success. So far, what has been happening in Syria is that the coalition partners have been able, with their air support, to give the cover necessary to the moderate opposition fighters who are against Assad to regain territory. We think that, with greater effort, they will make more progress. Indeed, we have to help them make progress, because we need to achieve stability in Syria so that the country has a chance of a Government who will govern for all its people.

The noble Baroness asked whether the military chiefs had been consulted and involved. Of course, the Chief of the Defence Staff, the Chief of the Air Staff and many other key military figures have been properly consulted in the process of putting together the Government’s strategy. She asked about civilian casualties in Iraq. So far, in more than a year of strikes against ISIL targets in Iraq, there have been no reports of civilian casualties resulting from UK air operations. As I have already said, the equipment that we have available to us is a very important part of ensuring that we minimise civilian casualties. She asked about the long-term future of Assad and how we will achieve stability in Syria with a new Government who govern for all their people. This is part of our strategy. The diplomatic and political effort has restarted, via the talks in Vienna that the Foreign Secretary attended recently and through all the various different diplomatic channels. We are supporting the UN envoy, who is pursuing the same agenda. There is a concerted effort, and now more than ever, post the UN resolution on Friday, there is the will among all countries to see stability in the region. It is clearly recognised that that will mean a Government who can govern for all Syria’s people.

The noble and learned Lord, Lord Wallace, asked about discussions with Turkey and their objectives. Turkey is very much part of the international diplomatic effort and was part of the recent talks in Vienna. He asked also about the clarity and precision of other partners and what influence we could bring to bear to ensure that they, too, approach this objective in the same way that we do. This is about working together in a coalition partnership to defeat ISIL and recognising that we must achieve that aim with minimum civilian casualties. As he knows, and as the Prime Minister said in this Statement, Russia has been targeting the moderate opposition to Assad rather than ISIL. We see signs now of it shifting its approach and recognising that it, too, is under threat of attack from ISIL. As the PM said not so long ago, the gap between us and Russia as far as Assad is concerned remains but is growing narrower all the time.

As for the neighbouring countries among our coalition partners rejoining air strikes and playing their part, one of the benefits of the recent United Nations resolution which all countries signed up to and the restarting of diplomatic and political talks is that that will bring much more effort and influence to ensuring that all the neighbouring countries play their part. However, it is worth saying that they are already playing an active part and contributing extensively. Some of those neighbouring countries are providing a huge amount of support just by giving a place of refuge to all the people who are being attacked and fleeing both ISIL and Assad.

The noble and learned Lord asked about the funding and supply of terrorist groups. We were cosignatories to the resolution that the funding of terrorist groups had to stop. We continue to apply pressure on that and are very much behind the sanctions regime that is in place to apply if there is any evidence of that objective being thwarted.

Overall, both the noble and learned Lord and the noble Baroness raised some very important questions. I hope that I have been able, through both repeating the Prime Minister’s Statement and publishing his reply to the Foreign Affairs Committee today, to provide comprehensive answers to all those points. I hope that the House will take the time to consider and reflect on those documents in the next few days.

G20 and the Paris Attacks

Lord Wallace of Tankerness Excerpts

Tuesday 17th November 2015 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, we are grateful to the noble Baroness for repeating the Prime Minister’s Statement. I am sure other noble Lords shared similar emotions to mine as we watched the horror of the attacks in Paris unfold on Friday evening. Such deliberate, calculated evil is almost impossible to comprehend, especially in such a beautiful city, where so many of us will have happy memories and remember good times.

I totally endorse the comments already made about our thoughts and prayers being with those who were murdered and maimed, their friends and their families, but also with the citizens of Paris and the whole of France, whose lives and confidence have changed dramatically as a result of what happened on Friday evening. There can never be any justification for such acts of terror, so we share their hurt, their anger and their resolve. We also share the determination to protect our citizens, and those of other countries, from such attacks. Such violent attacks are totally indiscriminate. Those of all faiths and none can be killed, maimed or lose loved ones, and those of all faiths and none have come together to condemn universally those responsible, without reservation.

I reiterate and reinforce the commitments made by my colleagues in the other place: this is an issue above and beyond any party politics. A Government’s first duty is to the safety, security and well-being of their citizens, and we will work with the Government to fulfil that duty.

The Prime Minister outlined the action that has already been taken with our international allies to tackle those who create death, mayhem and fear. I welcome that he acknowledged, and said that he understands, the concerns raised by the Foreign Affairs Select Committee and others about the way forward, and how and whether further military action, such as airstrikes on Syria, should be part of that response. We welcome his commitment to respond personally, as the noble Baroness said.

I know the noble Baroness understands the huge human cost of the conflict in Syria and the necessity for a full, strategic plan to seek a politically sustainable resolution that will bring peace to Syria, and for a longer-term strategic plan to seek to deal with the aftermath. The thousands who have fled their homes include so many of those who will be needed to return to build the peace. The Prime Minister’s comments at the G20 yesterday, when he said:

“I think people want to know that there is a whole plan for the future of Syria”,

and for,

“the future of the region”,

were widely welcomed. To be successful, any plan will need national and international support.

I shall raise specific questions about security here at home. We welcome the additional support and money being made available for security and intelligence. We welcome the announcement of greater resources for tackling cybercrime and terrorism. But when asked, when he made the Statement today in the other place, about the role of community and front-line policing—given the cuts that have been made and are being planned to the “eyes and ears” on the ground—the Prime Minister did not respond.

There are many in your Lordships’ House who, through professional experience, can provide real examples of how community policing is essential and successful in tackling crime and terrorism. On 28 October, I asked the noble Lord, Lord Bates, about this very issue. My Question was prompted by those in the most senior roles in counterterrorism in the UK being very clear that community police, through the normal course of their work, pick up intelligence and information that is essential to fighting serious crime and identifying terrorism threats. Of the proposed further cuts in policing, Sir Bernard Hogan-Howe, the Met commissioner, said:

“I genuinely worry about the safety of London”.

I understand that the noble Baroness is unlikely to answer a question that the Prime Minister failed to, but can she assure your Lordships’ House that she recognises the seriousness of this issue? Will she commit to raise it directly with the Prime Minister and report back to your Lordships’ House?

Those seeking to leave and enter this country, including British citizens, will face increased levels of checks and security at borders. It is right that visitors and refugees fleeing the brutality of ISIL and chaos in the region should be subject to such security, but the noble Baroness will also know of the reductions made in border security staff at ports and airports. What plans are there to ensure that staffing levels will be appropriate to deal with the increased level of security required?

In recent years, the Government have introduced a number of new measures designed to tackle terrorism. One referred to in the Statement, which the noble Lord, Lord Bates, and I discussed at length in the course of a recent Bill, is about closing down any educational institutions teaching intolerance. Is this commitment and others to be met from existing resources, or will new resources be made available? To what extent is the Treasury involved in such decisions on new powers?

Lastly on security, the Prime Minister said in his responses that all members of the Privy Council can receive security briefings on these issues. The noble Baroness may be aware that I have previously requested such briefings when speaking for the Opposition on security and counterterrorism, but I was not successful in receiving any. The Official Opposition in the other place has welcomed the briefings to date, so will she confirm the Prime Minister’s commitment to briefings for privy counsellors?

I welcome the understandably brief comments at the end of the Statement on the other issues that were raised at the G20. Specifically on global warming, we welcome the fact that the USA and China will join the Paris talks and we look forward to hearing more on that after the conference. However, the noble Baroness also referred to the UK taking the lead on action to tackle corruption in a number of areas. This is essential. I appreciate that there is not enough time today to cover the whole range of issues that this raises, but can she provide further information on the areas and the success of any measures that have been taken? If the noble Baroness is unable to respond today, perhaps she will write with more details.

Finally, in the Statement, the noble Baroness, repeating the Prime Minister, asked the public to be vigilant. We must, of course, do that, but let us also pay tribute to those in the emergency services and the first responders, who never know from day to day what they may have to attend to. It is right that this House should recognise their service.

[Lord Wallace of Tankerness (LD)]

My Lords, I, too, thank the noble Baroness the Leader of the House for repeating the Prime Minister’s Statement. On behalf of my noble friends, I join in condemning the atrocities in Paris on Friday evening, and those who perpetrated them. I also offer condolences to the families and friends of those who were killed, those who were injured and those whose lives will have been shattered. I also join the noble Baroness the Leader of the Opposition in paying tribute to the emergency services and the ordinary citizens who responded with such evident compassion and help.

I also ask the noble Baroness the Leader of the House to join me in expressing sympathy for the victims of the suicide bombings in Beirut on Thursday, which killed more than 40 people as they, too, went about their daily lives. It is important to send a signal by showing our solidarity with the people of Beirut, as we do—rightly—with the people of Paris. While ISIL likes to frame the conflict as one between the West and Islam, is not the truth that, day in, day out, ISIL is murdering scores of Muslim believers?

We, too, support what the Government are doing. We accept that the primary duty of any Government is to safeguard their citizens. I welcome the announcement of additional support for the security services in general and for strengthening cybersecurity in particular. I hope the Leader of the House will endorse what the Prime Minister has said in another place about the importance of safeguarding human rights. ISIL detests our diversity, our freedoms and our values; we let it win if we compromise on any of these.

I also echo what the noble Baroness, Lady Smith, said about police funding. Reassurances have been given about the counterterrorism element of police funding. I will not elaborate on what she said because she very clearly and concisely put the point about the importance of community policing and the intelligence-gathering that can be done through it. I repeat her request to the Leader of the House to recognise the strength of feeling on this and to undertake to take the matter up with the Prime Minister.

It would be very easy, in the aftermath of such outrages, to make knee-jerk, rather than properly considered, responses. I therefore welcome the fact that the Prime Minister says that he will respond personally to the report from the Select Committee on Foreign Affairs in the House of Commons on military intervention in Syria. I also welcome the Prime Minister’s acknowledgement that many questions and concerns have been raised—including some from these Benches—about the wisdom of joining in airstrikes and adding our explosives to the tons that have already been dropped on Syria. Specifically, the Prime Minister, in articulating some of these concerns, asked what difference action by the UK would make. Would it make the situation worse? How does the recent Russian action affect the situation? How, above all, would a decision by Britain to join strikes against ISIL in Syria fit into a comprehensive strategy for dealing with ISIL and a diplomatic strategy for bringing the war in Syria to an end?

He went on to say:

“I understand those concerns, and they must be answered. I believe that they can be answered”.

I do not expect the noble Baroness to give us the answers today, but will she give us some indication of when those questions are likely to be answered? When the Prime Minister says that he will set out a comprehensive strategy for dealing with ISIL and our vision for a more stable and peaceful Middle East, will he also be consulting our allies before he makes that announcement on his strategy? It is important that we reflect on the allies. He has said that progress has been made in Vienna to deliver transition in Syria, but we are entitled to ask some questions about the nature of the international coalition. It is important that it is international. We have called in the past for engagement with Russia and Iran but clearly, too, there are a number of different countries and partners—such as the Sunni monarchies in the Gulf and Turkey—that do not all share the same priorities and objectives. Trying to pull together that coalition is clearly a complex matter. What specific steps are the United Kingdom Government taking to make sure that when these talks take place and a coalition is being put together, everyone is pulling in the same direction?

At home, the Statement recognises the importance of engaging with the Muslim communities. Britain’s diverse Muslim communities are affected by conflict and they are as well aware as anyone of the efforts being made by those who would pervert Islam to try to sow poison in those communities. We need an active dialogue with the leaders of our Muslim communities on an appropriate response. When she held office, the noble Baroness, Lady Warsi, did sterling work in taking this forward and I would welcome reassurances that the level of work and engagement that she undertook continues to be undertaken by Ministers.

Finally, the Statement also referred to climate change. Not surprisingly, given the enormity of what happened on Friday, it has been somewhat overlooked but it will be in Paris next month that people gather again to discuss climate change. The Secretary of State at DECC is reported to have indicated recently that the forecast is that we will manage only 11.5% of energy from renewables by 2020, rather than the EU obligation of 15%. Can the Minister confirm this and, if it is indeed the case, will she not take the opportunity that this House has provided by taking out the clause that would accelerate the ending of the renewables obligation for onshore wind? Perhaps she could reflect again on that and just quietly drop it.

[Baroness Stowell of Beeston]

My Lords, I am grateful to the noble Baroness, Lady Smith, and the noble and learned Lord, Lord Wallace, for their comments and support for the remarks of the Prime Minister in his Statement. I certainly share in the warm thanks of the noble Baroness for everything that the emergency services do in and around our country, alongside the security services, in keeping us safe. I understand very much the risks that they face.

Various points and questions were put to me, and the noble Baroness, Lady Smith, raised a number about policing, which were echoed by the noble and learned Lord. I will make a few points in response. First, it is absolutely this Government’s commitment that the police forces should have the resources necessary to do their work. In the previous Government and this Government, we have not just protected the funding for counterterrorism policing but are actually increasing it, as has been announced in the last few weeks. More general police funding will be part of the spending review but it is worth noting that, over the last few years, the police have worked very hard to achieve efficiencies in police forces in order for them to apply their resources to front-line policing. Community policing numbers have actually risen in recent years.

Secondly, the noble Baroness raised points about additional resources for counter-extremism and protecting our borders. It has been evident from what we have said in the last few days—not in response to the events in Paris but as part of a clear plan for ensuring that the right funding is available for these essential services—that we are putting money where it needs to be and that by having a growing economy, we are ensuring that we use our resources effectively, in the way that is needed to deliver the security that we all expect.

The noble Baroness raised a point about briefings for privy counsellors, and I will take that issue away. I certainly do not want to exclude her from any appropriate briefing that is available for privy counsellors. I will get back to her outside the Chamber.

The noble Baroness also asked about corruption’s being on the agenda at the G20 summit. This is a matter on which the UK has very much taken the lead. One of the steps we have taken, which other countries are now following, is to ensure greater publication and transparency of ownership of companies. We will be implementing a public register of company ownership in the UK from next year, and hosting an anti-corruption summit next year. We believe, as I said in the Statement, that this is a big contributing factor to overall safety in global matters. I am pleased that we are very much in the forefront of action in that regard.

The noble and learned Lord, Lord Wallace, rightly referred to the terrible attack by ISIL in Beirut a few days before that which took place in Paris. I very much share his view and the point he made that ISIL is quite indiscriminate: it is not attacking just western countries but a range of different countries. We must never ignore the fact that this is a group of extremists, of violent people—the Prime Minister has called them a “death cult”—who attack Muslims as well as people of other religious faiths. The noble and learned Lord asked about protecting human rights and liberties. Of course, these terrorists—this evil group—are trying to remove from us our liberties and our belief in liberty and the way of life we hold so dear. We are taking steps to combat them in order to protect the liberties and human rights which are an important part of our society.

The noble and learned Lord asked various questions about the response the Prime Minister will make to the Foreign Affairs Select Committee in the other place. He also asked what discussion there has been and will be between the United Kingdom and allies who, like us, are seeking to defeat ISIL and bring stability to the Middle East. The Prime Minister held several bilateral talks while he was in Turkey yesterday, and the Foreign Secretary was very much involved in and at the forefront of talks in Vienna at the weekend. We continue to talk and remain in contact with all interested parties in this way.

We are just recognising as a House one of the reasons why some of our allies are keen for us to go further than we have. Although we are not contributing militarily in Syria in the way that other countries are, we are doing an awful lot already in contributing to the effort against ISIL. Noble Lords have heard me talk about the contribution we have made in air strikes in Iraq. Some of our ground forces are training Iraqi ground forces on combating IEDs—we are doing a lot to support the coalition.

Some of those countries are keen for us to get involved further, particularly with the air strikes, because we have some of the best equipment for targeting these terrorists in a way which protects civilians. Other countries, including the United States, do not have this. By contributing to the military effort in Syria, we could make a big contribution not just by attacking ISIL, but by doing so in a way that affords greater protection to civilians.

The noble and learned Lord mentioned climate change and the Paris summit in a couple of weeks’ time. Clearly, this remains an important priority for us, and we are committed, as we have been throughout, to making our contribution to tackling climate change and ensuring that all other countries make their effort as well.

English Votes for English Laws

Lord Wallace of Tankerness Excerpts

Wednesday 21st October 2015 Lords Chamber

[Baroness Stowell of Beeston]

The noble Lord is quite right and I can assure him that I will come to that matter in my remarks. There is no way that I would seek to ignore that important point.

As I have said, our proposals will give the English a strong voice on English matters and we will respect the right of every MP from every part of the UK to debate and vote on every piece of legislation in the House of Commons. What we would argue is that our approach is pragmatic and proportionate. As noble Lords know, we do not propose to give English MPs a Parliament or the right to initiate legislation alone. What we are proposing instead is simply that where legislation affects England or England and Wales only, it cannot progress against the will of English or English and Welsh MPs. Just as the proposals are pragmatic, so they are flexible. Before the Summer Recess, Members of both Houses called for more time for reflection, and my right honourable friend the Leader of the House of Commons pledged to take the proposals away and consider them further, and that is what he has done. In that time he has listened to representations from a variety of sources, and has given evidence to and engaged with several committees in the other place. He has now come forward with his revised proposals which take account of the concerns raised. The end result is a workable and sensible model to deliver English votes for English laws.

[Lord Wallace of Tankerness (LD)]

My Lords, I have raised the question before of what happens when your Lordships’ House passes an amendment to a Bill which then goes, in the normal way, to the House of Commons and the House of Commons agrees with the amendment, but English, or English and Welsh, Members do not. As I understand the proposals, that would not then become law. However, we have a piece of legislation—a clause, perhaps—that has been passed by both Commons and Lords. What are the implications of the Government’s proposals for the sovereignty of Parliament; and what actually constitutes law?

[Baroness Stowell of Beeston]

Your Lordships are asking questions that I am going to cover: I can assure you that this speech will not take me long. We have all had a busy day and want to crack on. The simple answer to the noble and learned Lord is that this House will consider legislation in exactly the same way as we do now, and when the Commons considers our amendments it will send us a message. I will deal with the noble and learned Lord’s point in a moment, when I come to precisely how things are going to work.

This is the fourth time that we have debated these proposals. I do not want to go through them all again in great depth, but I will remind noble Lords of the four main stages where they bring about changes to the work of the other place. The first is the certification process, where Mr Speaker will decide whether these new provisions are engaged when a Bill reaches the House of Commons. In previous debates, some noble Lords were concerned about the burden that that might place on Mr Speaker, as well as the procedure in the Commons. In response, the proposals have been revised to allow him to draw upon the advice of two members of his Panel of Chairs, nominated for the purpose, enabling him to call on assistance where he thinks it is required.

The second significant element of these proposals is the introduction, for Bills which wholly affect England only, of an England-only Committee stage. We consider that to be a simple, effective way to strengthen the voice of English MPs in the legislative process and so that element remains unchanged.

The third is the inclusion of a new step in the legislative process—a legislative Grand Committee—for Bills affecting England, or England and Wales only, before Third Reading. This will ensure that such legislation can pass only where a majority of English, or English and Welsh, MPs agree to it. However, our revised proposals set out explicitly that although only English, or English and Welsh, MPs may vote in legislative Grand Committee proceedings on Report, all MPs will be able to speak and contribute in that Committee. Members of the other place were concerned to make it absolutely clear that that was the case and my right honourable friend the Leader of the Commons has revised the proposals to do just that.

Finally, returning to the point made by the noble and learned Lord, where our amendments are considered in the other place, and the English votes for English laws procedures are engaged, although all Members of Parliament will vote on them where they affect England, or England and Wales only, they will need the support of a double majority in the House of Commons of both the whole House and of English, or English and Welsh, MPs in order to pass. This too remains unchanged.

Under these proposals, MPs from across the United Kingdom will continue to vote at Second Reading, in most Committees, on Report and at Third Reading and when considering Lords amendments.

European Council

Lord Wallace of Tankerness Excerpts

Monday 19th October 2015 Lords Chamber

[Lord Wallace of Tankerness (LD)]

My Lords, I also thank the noble Baroness the Leader of the House for repeating the Statement made by the Prime Minister on last week’s European Council. It appears that, when we have these Statements, the agenda may be very much the same but these very serious and profound issues are no less intractable.

It is clear from the Prime Minister’s Statement that the issue of migration and refugees was what most of the Council meeting was about. As the noble Baroness, Lady Smith of Basildon, has said, we still have regular reports on our TV screens that provide visual reminders of the suffering of—and, indeed, deaths of—many of those who are trying to escape the oppression in Syria and trying to find a better life for themselves in Europe. The issue is no less problematic now, and indeed I rather suspect that as we approach the winter months and see the effect that the winter weather will have on the refugees, there will be some even more harrowing pictures and scenes.

The Prime Minister in his Statement says that,

“the UK does not take part in Schengen … we are not participating in the quota system for migrants who have arrived in Europe”.

He says that as if, in some way or other, it was a badge of honour. I accept there is no legal obligation, as we do not take part in Schengen, for us to take refugees under the EU relocation scheme, but on these Benches we would argue that there is a strong moral obligation to play our part. I believe that would be consistent with the letter to the Prime Minister that was subscribed by a number of Bishops of the Church of England and published at the weekend, which said that it would be consistent with,

“this country’s great tradition of sanctuary and generosity of spirit”.

I hope and believe it should not be a question of either/or—of either taking part in the EU relocation scheme or doing other, very valuable work. I applaud the work that the Government have done in the support and help that they have given to those in the refugee camps in Jordan, Lebanon and Turkey and, indeed, on their commitment to bring—perhaps we would argue for more, but nevertheless they are bringing some—more vulnerable people from there to the United Kingdom. However, it should not be an either/or; we should do that and also be willing to make a meaningful and substantial response to the human suffering that we see in our own continent.

I acknowledge what we are doing, but on a specific point I remind the noble Baroness that, when we had a Statement on this issue when we were back last month, I raised with her that there had been a report that 600 young Afghans had arrived in the United Kingdom—unaccompanied children—who were then deported after their 18th birthday because their temporary leave to remain had expired, albeit that many had by that stage established very strong roots in the communities where they were living. When my noble friend Lord Ashdown of Norton-sub-Hamdon pressed the Leader of the House on this matter, she said:

“I am not suggesting that there is a new set of rules, or a change to existing rules, because of this expanded refugee programme at this time”.—[Official Report, 7/9/15; cols. 1258-59.]

I would hope that, in the intervening weeks, the noble Baroness and the Government have had an opportunity to consider that. If we are taking in people—and it will often be the more vulnerable people, including children, from the refugee camps—and if many of them come and settle here and make their roots here, I am not quite sure what they feel about the thought that they could be sent home without further ado on their 18th birthday. Again, that is another moral issue to be considered.

On the question of Syria, we will certainly continue to condemn the brutality of ISIS and we support the conclusions of the European Council that there has to be a political settlement. Indeed, there needs to be much greater emphasis on the possibilities for diplomacy, including possibly looking at issues such as something similar to a treaty-based, Dayton-style regional agreement as happened in the Balkans, which would be supported by neighbouring countries as well as the major powers. Are the Government giving consideration to that and to doing more to draw Iran into the process, which I rather suspect could be a very influential player in trying to achieve the kind of political solution referred to in the Council communiqué?

We certainly welcome the EU-Turkey action plan. It is important to recognise the burden that Turkey has to bear in accommodating refugees and it would be interesting to know particularly what the Government propose to do to support that action plan. Given that it is now some considerable time since Turkey applied to join the European Union and it has been the policy of successive Governments to support that application, can the noble Baroness indicate whether it is still the policy of Her Majesty’s Government—provided, of course, that Turkey meets and signs up to European Union values, including on human rights issues—that it would be our intention to support Turkish membership of the European Union?

On the issue of renegotiation, the Prime Minister had indicated four broad heads of discussion, and I think it would be very useful at some stage to have a debate on that in your Lordships’ House so that we can probe and examine these four areas in greater detail. I certainly endorse what the noble Baroness, Lady Smith of Basildon, said about encouraging and making provision for 16 and 17 year-olds to vote in any referendum, and I hope that the noble Baroness the Leader of the House will not give a knee-jerk response to that. We just need to think on the fact that, in the referendum in Scotland last year, engagement among 16 and 17 year-olds was higher than engagement among 18 to 24 year-olds. Most schools did some kind of civics, encouraging young people to find out how they went about actually voting, and that may hold young people in good stead for years to come in terms of playing a part in the civic and democratic process. Therefore, in a decision which will be so fundamental to their future lives, we should give them an opportunity to have their say.

If we look at the conclusions that emerged from the EU Council meeting, we find that after five pages there are two lines:

“The European Council was informed about the process ahead concerning the UK plans for an (in/out) referendum. The European Council will revert to the matter in December”.

Given that the main item on migration was so important, it is perhaps not surprising that the matter is relegated to two lines, but I would be interested to know whether the Minister knows what the mood music was. How did people react to the Prime Minister when he informed the Council about the process? In particular, having had very serious discussions about migration and the EU relocation plan—and the Prime Minister no doubt made it very clear that the United Kingdom has nothing to do with it because we are not part of Schengen—how did the Council react to the Prime Minister’s request about renegotiation? It would be interesting to learn something about the mood music around that.

I shall not go through each of the four issues that the Minister mentioned, but I want to ask specifically about the question of competitiveness. When I was in Brussels with colleagues last month, we heard much about what is being done on the digital single market, capital markets union and liberalising services, which are things on which the United Kingdom quite properly and effectively is taking the lead. The Minister says that more needs to be done, and we would like to know what more the Government have in mind. The Government are playing a crucial and positive role there. Do they not have sufficient confidence in their ability to continue that leadership? If they say that more needs to be done, it would be very useful to know quite what that means.

[Baroness Stowell of Beeston]

My Lords, a huge number of issues were raised by the noble Baroness, Lady Smith, and the noble and learned Lord, Lord Wallace. It is worth me saying again that this was an important Council meeting. The main focus was on migration, and rightly so. Although it is right and true that the United Kingdom is not part of the Schengen agreement and the UK is not party to many of the measures that were discussed during the Council meetings, it would be absolutely wrong to portray the United Kingdom’s role in the discussions, or its contribution to addressing this important topic of the current situation of refugees in Europe and the situation in Syria, as anything other than a big part.

It is quite notable that in the course of the discussions at the Council, and as was reflected in the outcomes from those discussions, European members recognised that this issue requires a comprehensive response that tackles the root causes, not just their consequences within our borders. Indeed, the approach that the European Union is taking is very much in line with what we have been saying would be the right and most effective way for us to provide a long-lasting and sustainable way to support people who are in such a dreadful situation right now, which is caused by the terrible events in Syria and other places in that region.

The noble Baroness and the noble and learned Lord raised specific points on these issues. We believe we have a moral obligation to contribute on this matter. As the noble Baroness acknowledged, our contribution by way of aid to the refugee camps in the countries neighbouring Syria is the most significant of any country in Europe; indeed, it is second only to that of the US. That has been recognised by our fellow member states. We are proud of our aid commitment of 0.7% and put pressure on other member states to follow suit. We support the action plan being drawn up with Turkey, and we recognise how much Turkey has done to support the refugees accepted into that country. We want to ensure that by providing additional funding via the European Union, which will be within the multiannual framework provision, those refugee camps are the most appropriate place for people to receive the kind of support they need in the dreadful situation in which they find themselves. That includes education for children and the potential for people to be employed in Turkey.

Questions were asked about accepting refugees in the United Kingdom. As noble Lords know, it is United Kingdom policy to offer refuge to those who are in the camps. We think that is the right approach for us to take. Working with the UNHCR, we have started the process of identifying people who will come to the United Kingdom. We expect that by Christmas we will have welcomed 1,000 refugees to the UK as part of our overall commitment to 20,000 refugees by the end of this Parliament. It is important that we prepare a warm welcome for those refugees who come to the United Kingdom and that we provide the kind of support they so desperately need when they arrive here.

The noble Baroness asked about the Navy’s role in the Mediterranean. As I said in the Statement, we continue to play our part there. We are at the forefront in negotiating the extension of the effort to go beyond search and rescue and to be more effective in tackling those who are running these criminal gangs and routes that are causing so much distress.

On the issue of Syria, the noble Baroness asked about a Security Council resolution. It would be a good thing if we could achieve a UN resolution, but we should not allow that to get in the way of our decision to take action in Syria, because we know that Russia would potentially block such a resolution. Syria was very much discussed when the Prime Minister and other members of the Government attended the UN General Assembly meeting a few weeks ago.

Returning to Europe and the process of reform and renegotiation before we approach the referendum, which we are committed to providing for the people of this country, we are very much on track for our timetable. It was always the intention that the technical discussions would start in the summer, as they did, and that there would be an update, as there was, at this Council meeting. The Prime Minister said he will set out in more detail what changes he wishes to see made in the light of the discussions he has in those areas of reform. Further detail will be discussed and detailed negotiations will proceed from that point in bilaterals with the relevant member states and in plenary in December. What is most important is that we get the substance right and that we get the right outcome for the United Kingdom. That is what the Prime Minister is focused on delivering. Indeed, that is the record we have as a party in government. The Prime Minister has a good record of achieving change in Europe on behalf of, and in the interests of, the British people. I note what the noble Baroness said about the changes that we were able to secure in the context of justice and home affairs. I would argue that they were powerful changes that were very much in the interests of the United Kingdom and show just how much influence the United Kingdom has in delivering change that is right for the UK.

With regard to remaining an influential country in the negotiations and the noble and learned Lord’s questions about mood music and so on, it should not be forgotten that a lot of what the Prime Minister is proposing by way of change in Europe is change that would benefit not just the United Kingdom but the whole of the EU. He has a great deal of support from the other member states for what he is seeking to achieve.

No doubt the issue of votes for 16 to 17 year-olds will be debated at great length when the Bill currently progressing through this House is in Committee, so I will not take up your Lordships’ time on that right now. However, I am very confident that David Cameron as Prime Minister will secure a good outcome from his negotiations in Europe and that we will achieve success on behalf of the people of this country.