Brexit: Negotiations

Debate between Lord Wallace of Tankerness and Baroness Evans of Bowes Park

Thursday 3rd October 2019 Lords Chamber

[Lord Wallace of Tankerness (LD)]

My Lords, I too thank the Leader of the House for repeating a Statement that was written in much more measured tones than the one she was required to read last week. It is thanks to the purported Prorogation having been nullified that Parliament can now hold the Government to account on this important development. It is worth reflecting that if that had not happened, these important proposals would have been brought forward without Parliament being in session to examine them.

It is important that we examine these proposals, and the noble Baroness, Lady Smith, has asked a number of detailed questions on their application and how it is proposed that the arrangements will work. It appears that, from having no borders as a full member of the European Union, the Prime Minister’s proposals would give Northern Ireland two borders. Does the Minister believe that these proposals are better for the economy and, above all, for the security of Northern Ireland than what Northern Ireland has at present? It is important, too, that we closely examine the proposal of a “potential”— the word is there in all the documents—regulatory border between Great Britain and Northern Ireland and customs checks between Northern Ireland and Ireland. Simply to state that position must surely suggest that Northern Ireland’s economy would be in a worse position.

The noble Baroness, Lady Smith, quoted a number of businesses that have expressed considerable scepticism about the proposals. The Northern Ireland Chamber of Commerce and Industry said:

“Businesses are telling us that the potential increased costs will seriously damage … supply lines and indeed business survival.”


There are other quotes that could be repeated from spokespersons who have cast doubt on the workability and cost of these proposals. It would be interesting to see whether the Minister, when she comes to reply, can quote any business or business organisation which, in the last 24 hours, has given support to these proposals. The proposals depend on electronic and, in some cases, physical checks—possibly on business premises. What estimate have the Government made of these added costs to businesses as a consequence of such additional surveillance?

Last night, in response to a point that has been raised on a number of occasions, the noble Lord, Lord Callanan, said that the proposals did not breach Section 10(2)(b) of the European Union (Withdrawal) Act 2018,

“because they avoid checks, controls and physical infrastructure at the border”.—[Official Report, 2/10/19; col. 1765.]

I note his words, “at the border”, but if one looks at Section 10(2)(b) of the 2018 Act, it refers to creating or facilitating,

“border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature physical infrastructure, including border posts, or checks and controls, that did not exist before exit day and are not in accordance with an agreement between the United Kingdom and the EU”.

I believe there is a difference between “at the border” and border arrangements; customs arrangements are by their very nature border arrangements. Can the Minister confirm that the proposals put forward by the Prime Minister conform with the provision, given the clear indication in his Statement that checks could take place at designated locations anywhere in Ireland and Northern Ireland?

The Statement referred to the,

“potential creation of an all-island regulatory zone on the island of Ireland, covering all goods.”

It goes on to say that it would eliminate,

“all regulatory checks for trade in goods between Ireland and Northern Ireland”.

So, of course, there would be checks between Northern Ireland and Great Britain. Will the Minister indicate whether this would be a two-way process? The Prime Minister, I understand, seemed to indicate in a reply that it would be only one way: for goods coming from Great Britain into Northern Ireland. Surely, however, if Great Britain has higher regulatory standards than the European Union, there would be checks for goods coming from Northern Ireland into Great Britain. Can she confirm whether that would indeed be the case, or is the Government’s working assumption that there will never be situations where the regulatory regime in Great Britain would be more stringent than that in the European Union? Have the Government had any discussions with the Scottish Government as to the implications of this proposal for any infrastructure required for such checks at Cairnryan?

The noble Baroness, Lady Smith, referred to the powerful speech yesterday evening by the noble Lord, Lord Empey, who wondered how the DUP could possibly sign up to it. He gave various quotes at col. 1744, quoting DUP spokespersons opposed to any form of regulatory divergence. Why would they? Maybe the secret is that the answer is in the word “potential”, if it is read in conjunction with the consent arrangements, which in the explanatory note provided, refer to consent,

“within the framework set by the Belfast (Good Friday) Agreement”.

There are people in your Lordships’ House who are far more expert in the intricacies of the Good Friday agreement and the procedures in the Northern Ireland Assembly than I am—I am conscious that my noble friend Lord Alderdice is behind me—but I understand there is a procedure called a petition of concern. Is it possible that a petition of concern could be used to ensure that these arrangements never take place, and could be vetoed by the DUP and others before they ever had a chance to take off? Does the Minister think that that enhances the chances of this arrangement being agreed to, not only by the Government of Ireland but by the European Union?

The Written Statement laid by the noble Lord, Lord Callanan, yesterday and reflected in the Prime Minister’s Statement, refers to a revised political declaration. The Statement says:

“In parallel, we will be negotiating a revised Political Declaration which reflect this Government’s ultimate goal of a future relationship with the EU that has a comprehensive Free Trade Agreement at its heart”.


While there is a lot of detail on the arrangements with Ireland, there is very little detail on what arrangements or provisions are sought for the political declaration. It would be helpful if the Minister, when she comes to reply, would indicate what provisions are proposed. Does it mean that the reassurances we had in times past about maintaining workers’ rights and environmental protections may no longer be the case?

The Statement from the Prime Minister also says:

“If our European neighbours choose not to show a corresponding willingness to reach a deal, then we shall have to leave on 31st October without an agreement and we are ready to do so”.


The noble Baroness, Lady Smith, has already indicated how the European Union (Withdrawal) (No. 2) Act might come to the assistance of the Government, but assuming this agreement does not pass, and that the House of Commons does not agree to no deal, can the Minister indicate in detail how the Prime Minister can state that in these circumstances, we shall have to leave on 31 October without an agreement consistent with the provisions of that Act?

Obviously, an orderly departure from the European Union is preferable to a disorderly one. However, we on these Benches do not believe there is any agreement that can be reached which gives us a better deal, in terms of our security, our prosperity, our trade, our jobs, or the future opportunities for our young people than the deal we have at present, as full members of the European Union. That applies to the United Kingdom as a whole and to Northern Ireland in particular.

[Baroness Evans of Bowes Park]

I thank the noble Baroness and the noble and learned Lord for their comments. I reiterate once again that we are committed to and focused on getting a deal, which is why we have brought forward these new proposals. I also remind noble Lords, who will be aware of this, that the House of Commons has rejected the previous withdrawal agreement three times; therefore, to get a deal, we have had to come forward with new proposals.

I reassure the noble Baroness that she is absolutely right: we believe that these proposals set out a reasonable compromise and that they are a broad landing zone in which a deal can take shape. We are pleased that our European colleagues have said that they will look at these proposals. Detailed discussions will now have to take place on them. I can reassure her that David Frost, the Prime Minister’s lead negotiator, is back in Brussels today. Intensive talks will be ongoing and we look forward to continuing them to ensure we can get a deal that everybody is happy with. We are committed to supporting the all-Ireland economy by avoiding checks and infrastructure at the border between Northern Ireland and Ireland, keeping Northern Ireland in the same customs territory as Great Britain and ensuring unfettered access for Northern Irish farmers and businesses to the UK.

The noble Baroness and the noble and learned Lord talked about the political declaration. Yes, we are in negotiations on changes to that. Those negotiations are ongoing and as soon as we are in a position to give further details on them, we will of course do so. I am happy to reassure them both that we are committed to strong standards in the areas of environmental protections and workers’ rights, as the noble Baroness set out. We have an excellent record in this country in these areas. There are numerous examples of where we exceed EU minima, such as on the length of maternity leave, shared parental leave, holiday entitlement and greenhouse gas targets. As I hope we have made clear continually at this Dispatch Box, we as a Government intend not only to maintain existing standards but to improve them. We will continue to hold this path.

The noble Baroness and the noble and learned Lord are right that these proposals will mean changes from the situation that prevails today—this was reflected in the Statement—but our driving purpose is to ensure that we minimise disruption. We understand the concerns of business. The noble Baroness mentioned concerns that have been raised. We will be talking in detail to businesses about the proposals, explaining why we believe there will be minimum disruption and making sure that their concerns are allayed. Part of the way in which we will do this is through our new deal for Northern Ireland. We will be making commitments to help boost economic growth and competitiveness, and to support infrastructure projects—particularly with a cross-border focus—so that we can work with our Irish partners as well to ensure that businesses and consumers across the island of Ireland are happy with what we are planning.

A limited number of goods movements will undergo physical inspections or checks. The system will largely be decentralised. It will be facilitated and minimised by the use of solutions such as electronic filing. We expect there to be a very small number of physical checks needed. These will be conducted at traders’ premises or other points in the supply chain. For instance, the UK currently checks around 4% of customs declarations, with fewer than 1% of these checks being physical in nature. This reflects our robust pre-clearance processes which involve the de-risking of high-risk traders and commodities. Our future system will be underpinned by continuing close co-operation between UK and Irish authorities, based on the existing customs legislations of both parties. It is our intention to make a series of simplifications and improvements to that legislation to ensure that the commitment in the new protocol to having no checks or infrastructure at the border is fulfilled.

The noble Baroness asked, for instance, about trusted traders. One of the ideas put forward is a special provision for small traders to ensure that requirements on them could be simplified. For instance, some small traders could be exempt from processes and paying duty altogether. These measures would need to be carefully designed so that they target the traders most in need of support, while continuing to ensure compliance.

The noble and learned Lord asked about Section 10 of the withdrawal Act. As my noble friend said yesterday, we believe that our proposals do not breach this provision but conform to it.

I can absolutely reassure the House that we are working very hard to get the Northern Ireland Executive back up and running. I think all of us in this House have been frustrated and disappointed about the lack of progress seen. I can reiterate only that this is an absolute priority and we are working extremely hard to ensure that it happens.

The issue of consent was also raised. The exact mechanism for consent will be discussed as part of these negotiations but in the context of the Good Friday agreement. We want to achieve the satisfaction of both communities in Northern Ireland. This is at the heart of what we look to do. We very much hope that these proposals will lead to a further, new and intense way in which we can move forward, so that we can present a Bill to the other place which can get through. Then we can move on and get a deal.

Update to Parliament

Debate between Lord Wallace of Tankerness and Baroness Evans of Bowes Park

Wednesday 25th September 2019 Lords Chamber

[Lord Wallace of Tankerness (LD)]

My Lords, I thank the noble Baroness the Leader of the House for repeating the Prime Minister’s Statement, which is more of a rant. Little did I think it would only take two months for us to wish to see the return of Theresa May, comparing this with the kind of Statements she had to read out during her tenure.

My noble friend Lord Newby is in Sydney and asked me to stand in. I apologise that I was not present earlier to ask the Urgent Question in my name. I was on a plane that was delayed getting into Gatwick Airport.

There are lots of things I find difficult to take about the Statement. The Prime Minister rants against Parliament. He describes the legislation that this House passed earlier this month is described as a “surrender Act”. That is insulting. I also find it difficult to accept that coming from a man who, if he really wanted Britain to leave the European Union, could have voted for the deal that was put before the House of Commons. Two times out of three he did not support it, which is indicative of the man. In fact, the one time that he supported the deal it included the backstop, which he now describes as undemocratic. We have a Prime Minister who is prepared to support something when it suits him although he actually believes—or at least says he believes—that it is undemocratic.

Amid the inevitable furore, let us take a step back and consider what, at the core, the Supreme Court’s decision yesterday was about. In giving advice to the Queen, the Prime Minister acted unlawfully and accordingly, the purported Prorogation of the present Session of Parliament was of no effect. As the judgment of the Supreme Court stated, it was,

“as if the Commissioners had walked into Parliament with a blank piece of paper. It too was unlawful, null and of no effect”.

That is both profound and momentous, and I believe it requires contrition and humility, not the kind of bombast that we have heard this evening.

As the noble Baroness, Lady Smith of Basildon, indicated, it is a comment on her prescience and that of my noble friend Lord Newby that they decided to have no part in that Commission. I have probably known the Lord Speaker for over 35 years, as I have known the noble and learned Lord, Lord Hope of Craighead, for over 40 years. I do not believe for one moment that they, in the words of the judgment, were,

“carrying out the Queen’s bidding”,

in a way which was not in good faith. I believe that is the case but I am not quite sure the same could be said about the Leader of our House, the noble Baroness, Lady Evans. She has some questions to answer, both as Leader of your Lordships’ House and as one who attended that Privy Council meeting at Balmoral when the unlawful order was made.

In the Supreme Court and the Inner House of the Court of Session, the judges placed much weight on the fact that in neither the Cherry case nor the Miller case was any explanation given by the Government as to why an exceptionally long period was required for this purported Prorogation. The Statement from the Prime Minister refers to,

“the exact same process as my predecessors”,

but the evidence of Sir John Major in the Supreme Court blew out of the water the proffered explanation that it was needed to prepare a Queen’s Speech. Does the noble Baroness have any other explanation? She must have known from precedent that five weeks was not needed. Indeed, when I asked her why no recess dates had been set for the conference season earlier this month, she told me, “There’s always been a conference recess for as long as we can remember”. For as long as we can remember, there have never been five weeks needed for a Prorogation. Did she, as the noble Baroness, Lady Smith of Basildon, asked, have sight of the legal advice? Did she ask for sight of it? As a member of the law officers’ trade union, I uphold the convention that one should not lightly disclose law officers’ advice. But as the noble Baroness, Lady Smith, has said, the fact that legal advice was sought in itself suggests that to seek a Prorogation in these circumstances was on dodgy ground.

In response to the earlier repeat of an Urgent Question to the Attorney-General by the noble Earl, Lord Howe, my noble friend Lord Campbell of Pittenweem and the noble Lord, Lord Browne of Ladyton, asked why no Minister—let alone the Prime Minister—had sworn an affidavit to put before the court to explain the reason for such an exceptionally long period of Prorogation. They asked whether it was because they did not wish to perjure themselves. Can the noble Baroness explain why no affidavit was forthcoming from either the Prime Minister or any member of this Government?

Reading the judgment, there are two key features in why the Supreme Court reached the view that it did. It believed that the sovereignty of Parliament was being undermined if the Prime Minister could advise a Prorogation for an exceptional length of time; and that Parliament has a key role in holding the Executive to account, which would be frustrated by an exceptionally long Prorogation. There is of course a distinction between Prorogation and recess: during Prorogation, committees cannot meet and Parliament cannot be recalled, except in very exceptional circumstances. The subject matter of the Statements and UQs that we have had today—on the collapse of Thomas Cook, Operation Yellowhammer and the situation in Iran, to which one could add issues such as the granting of an arms export licence to Saudi Arabia in contravention of a court order—illustrates just how crucial it is that Parliament is able to hold the Government to account. Yet this Government wanted to frustrate that for five weeks.

In paragraph 61 of the judgment, the Supreme Court says:

“It is impossible for us to conclude, on the evidence which has been put before us, that there was any reason—let alone a good reason—to advise Her Majesty to prorogue Parliament for five weeks, from 9 or 12 September until 14 October”.


Ministers have rightly said that they will respect the Supreme Court’s judgment, but as the Statement from this Prime Minister makes clear, they then say that they think the Supreme Court got it wrong. Will the noble Baroness, Lady Evans, tell us, specifically, which parts of the Supreme Court’s judgment are wrong and why? Does she support the sovereignty of Parliament? Does she support the idea that Parliament should hold the Executive to account? Does she accept that Prorogation for such an extended period of time would have undermined both these cardinal principles of our constitution?

While the Supreme Court did not speculate on motive, the Inner House of the Court of Session, reaching the same conclusion, did consider motive. Lord President Carloway, at paragraph 53 of his judgment, said:

“The circumstances demonstrate the true reason is to reduce the time available for the scrutiny of Brexit at a time when such scrutiny would appear to be a matter of considerable importance”.


The Supreme Court neither disapproved nor disavowed the findings of the Court of Session. It is clear that senior judges did not find credible the public explanation of the Prime Minister of why he sought a Prorogation of such exceptional length; it is quite a staggering conclusion for the court to reach and quite an indictment of this Administration. Will the noble Baroness confirm, given this Administration’s track record, that if no deal is reached by 19 October, the Prime Minister will abide by the law passed by Parliament just before the attempted Prorogation—no ifs, no buts, and no second letters?

I understand that this morning Mr Michael Gove described the Prime Minister as the Pep Guardiola of British politics. Let us look at his record since he came into office just two months ago: parliamentary by-elections—lost 1-0; House of Commons votes—lost 6-0; appearances before the Supreme Court—lost 11-0. If Pep Guardiola had that record, I am sure that he would be considering his position—it is time the Prime Minister did likewise.

[Baroness Evans of Bowes Park]

I thank the noble Baroness, Lady Smith, and the noble and learned Lord, Lord Wallace, for their comments. First, can I say that this Government have the highest respect for our judiciary? The independence of our judiciary is a fundamental part of the rule of law and the basis of our democracy—I am very happy to put that on record.

The noble Baroness, Lady Smith, was, of course, right to say that the Supreme Court judgment was unanimous, but she will also recognise there were disagreements in relation to these complex matters. The divisional court, led by the Lord Chief Justice, agreed unanimously with the Government’s position, as did Lord Doherty in the Outer House of Scotland. We were disappointed in the end that the Supreme Court had a different view, but, of course, we entirely respect their judgment, and they had every right to do so.

The noble and learned Lord, Lord Wallace, asked about an affidavit. The reasons for the decision were set out in the documents that were provided to the court, and the Government’s written case remains available on the website. The court did not say that the Prime Minister should have given evidence, and my understanding is that it would have been unprecedented for him to have done so. Ultimately, the court did not find the evidence justified Prorogation—we regret that, but that is a matter for the court to decide, and they have done so. The noble Baroness, Lady Smith, asked about my attendance in the Privy Council. Before attending the meeting of the Privy Council, I both sought and received confirmation that in the legal opinion of the Attorney General, the Prorogation was lawful and so I believed it was appropriate for me to do my duty as a Privy Counsellor as I was asked to do. I also took part in the Prorogation ceremony as part of my role as the Leader of the House, and I can say I did so in the utmost good faith. The noble and learned Lord, Lord Wallace, also asked about whether the Government would comply with the law: we will.

G7

Debate between Lord Wallace of Tankerness and Baroness Evans of Bowes Park

Tuesday 3rd September 2019 Lords Chamber

[Baroness Evans of Bowes Park]

I am very pleased that every delegation supported our campaign to give every girl in the world 12 years of quality education. Indeed, the Prime Minister also called on G7 countries to dedicate more of their aid budget to education, which currently stands at less than 2% of global humanitarian aid. It is obvious that, with more investment and support going in, all the very important issues that the noble Baroness raised can be properly addressed. I fear I will need to get more information on the details of the programmes we support and others: I will write to her, as I will on a couple of other issues.

[Lord Wallace of Tankerness (LD)]

My Lords, the noble Lord, Lord Cormack, reminded us that the Prime Minister voted earlier this year for the withdrawal agreement, which included the backstop. Yet he has said subsequently, and indeed repeated in the Statement, that the backstop is anti-democratic. Are we to believe, therefore, that we have a Prime Minister who is prepared to vote for measures that he believes to be anti-democratic?

[Baroness Evans of Bowes Park]

No, I think this shows that the Prime Minister is committed to getting a deal. He voted for one, but the House of Commons did not. He is now trying to get one and to ensure that we can present a deal to the House of Commons that MPs can support, in order that we can leave the EU with a deal.

Leaving the European Union

Debate between Lord Wallace of Tankerness and Baroness Evans of Bowes Park

Monday 26th November 2018 Lords Chamber

[Baroness Evans of Bowes Park]

As I said, the withdrawal agreement contains a legally binding commitment to use best endeavours and to ensure that we negotiate in good faith. There will be a mechanism for resolving disputes, first through consultation at the joint committee, with the aim of reaching a mutually acceptable resolution. If that does not work, after three months either party can refer a dispute to independent arbitration. It is there in legally binding text, and that is how we believe both sides will go into the negotiation.

[Lord Wallace of Tankerness (LD)]

My Lords, will the noble Baroness the Leader of the House confirm that, if a matter is referred to independent arbitration and if any issue of European Union law should arise, it should be referred to the Court of Justice of the European Union for a binding ruling, with the arbitration panel obliged to settle a dispute in accordance with the ruling given by the CJEU? That makes a nonsense of saying that the CJEU will not have any relevance after Brexit.

[Baroness Evans of Bowes Park]

The arbitration panel would be the body to consider, decide and resolve disputes. The panel will consider a dispute, make a ruling based on findings of fact and reach conclusions on questions of law or of interpretation of the agreement, other than on points of EU law. If the panel decides that there is a question of EU law which requires interpretation, it will submit a question to the CJEU, but it is for the panel alone to decide whether to refer that question or not, and the resolution of the dispute remains solely with the arbitration panel.

European Council

Debate between Lord Wallace of Tankerness and Baroness Evans of Bowes Park

Monday 18th December 2017 Lords Chamber

[Baroness Evans of Bowes Park]

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

[Lord Wallace of Tankerness (LD)]

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

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

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

[Baroness Evans of Bowes Park]

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

Brexit: UK Plans

Debate between Lord Wallace of Tankerness and Baroness Evans of Bowes Park

Monday 9th October 2017 Lords Chamber

[Baroness Evans of Bowes Park]

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

[Lord Wallace of Tankerness (LD)]

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

[Baroness Evans of Bowes Park]

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

European Council

Debate between Lord Wallace of Tankerness and Baroness Evans of Bowes Park

Tuesday 14th March 2017 Lords Chamber

[Baroness Evans of Bowes Park]

My noble friend is right—I agree with that.

[Lord Wallace of Tankerness (LD)]

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

[Baroness Evans of Bowes Park]

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

Strathclyde Review

Debate between Lord Wallace of Tankerness and Baroness Evans of Bowes Park

Thursday 17th November 2016 Lords Chamber

[Baroness Evans of Bowes Park]

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

[Lord Wallace of Tankerness (LD)]

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

[Baroness Evans of Bowes Park]

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

G20 Summit

Debate between Lord Wallace of Tankerness and Baroness Evans of Bowes Park

Wednesday 7th September 2016 Lords Chamber

[Lord Wallace of Tankerness (LD)]

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

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

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

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

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

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

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

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

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

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

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

The communiqué also states a clear commitment to,

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

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

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

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

[Baroness Evans of Bowes Park]

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

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

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

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

“cautious and very patient”,

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

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

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

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

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

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

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

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