(7 years, 9 months ago)
Lords ChamberMy Lords, I support this amendment. As a former member of the Science and Technology Select Committee, I particularly endorse the remarks of the noble Lord, Lord Krebs, and the noble Earl, Lord Selborne, about the current—and rather weak—state of many of the nuclear activities in this country. It is clear that the Euratom issue has been, as it were, caught in the slipstream of the EU legislation, to the surprise of some people, and is an extra complication that needs to be sorted out in the most frictionless way. It is crucial that if we did not have our EU membership, we would have to reconstitute something very similar in relationships with the EU countries and also, as has been said, with the United States, Japan and Australia in order to continue our collaborations. We need these collaborations in so far as we are involved in not just the building of nuclear power stations but the medical use of radioactive materials, radioactive waste disposal and other safety issues, where Euratom has been very effective.
It is also important to bear in mind that, as has been said, even though we are rather weak—depressingly so—in many areas of nuclear technology, we are not so weak in fusion. The JET project, based in the UK, is one of the major projects in the fusion arena. We have other private projects in this country and we have a major involvement in ITER, so the involvement in fusion is very important.
It is important to ensure that there is going to be no hiatus in the ability to forge ahead with these collaborations if we were to have to leave Euratom. As a final comment, I point out that, although the Euratom issue has come up because of the special link, legally, with the EU, we are going to have similar problems in connection with other international projects. I will mention just two: one is Galileo, the European counterpart of the GPS satellite system, which involves us and is not solely an ISA project—it involves the EU; the other one is Copernicus, which is a set of spacecraft to do environmental monitoring. These are two things where our continued major participation will depend on some legal adjustments when we are no longer in the EU.
I hope the Minister is aware that it is not just in the context of nuclear energy but in other contexts of big international high-tech projects that we need to worry about what will need to be changed if we leave the EU.
My Lords, I, too, support these amendments and associate myself with the comments of the noble Lord, Lord Krebs, and the noble Earl, Lord Selborne. I, too, was on the inquiry of the Science and Technology Select Committee that the noble Lord, Lord Krebs, so ably chaired. I just want to put a question to the Minister about the implications for the NHS of a messy withdrawal from Euratom. The NHS radiological services in particular are heavily dependent on the safeguarding arrangements for the transportation of radioactive material of one kind or another and also some of the waste disposal issues that are involved. What efforts have the Government made to discuss with the NHS, the Department of Health and the technologists in that sector about ensuring and guaranteeing the safe supplies of materials that the NHS depends on on a day-to-day basis?
(7 years, 9 months ago)
Lords ChamberMy Lords, we have already seen this afternoon in our very serious debate about the implications of the present situation—let us put it neutrally—for Northern Ireland that the referendum was, in fact, about a matter of the greatest constitutional importance and about the integrity of the United Kingdom, a great worry to any of us who come from Northern Ireland. However, although I agree with my noble friend Lord Empey that we should not tie the hands of negotiators, that a referendum at the end is a bad idea and that one constitutional error cannot be remedied by another constitutional error, nevertheless something needs to be said about the possibilities of no deal or of a bad deal. Those are two realistically possible outcomes. I think that at this stage it should be possible for the Government to say a bit about their plans in the event of either contingency.
My Lords, I have added my name to the amendment. I thought that the noble Baroness, Lady Wheatcroft, and the noble Lord, Lord Newby, set out the case pretty well. I do not want to go over that ground again about a second referendum. However, I am a strong believer in the sentiment that those who giveth can also taketh away. It seems that that is an underlying principle: if the people have spoken but they are given new information, they can change their views at the end of the process.
I will say a bit about why I put my name on this amendment because the reason is a theme that will keep coming up on some of the other amendments. It will certainly come up on Amendment 8, which is in my name and that of the noble Lord, Lord Oates. Do we actually trust the Government to conduct these negotiations unsupervised after what we have seen of their behaviour so far? We are entitled to be fairly sceptical. We also have no reason to believe, if I may say so, that in Whitehall—and I speak as an old Whitehall warrior—there is this crack team of negotiators who we are going to send across the English Channel and who are going to do a fantastic job without any involvement in Parliament. We have no reason to believe that they will come up with a solution at the end of this process and we will all sit here and nod very sagely and say, “Fantastic. You have hit every particular button”. The world, on the whole, does not work that way.
We all have views about how to conduct negotiations. Many noble Lords have had a go at conducting such negotiations, and we will all have our own approach. Sometimes I have actually thought it quite useful in negotiations not to have too much flexibility—that I have got a mission that I want to deliver. It is quite good to be able to shelter behind that kind of instruction about the way in which I conduct the negotiations. As a former senior civil servant, I certainly did not want a lot of Ministers telling me to go out there and do my best. I would like to have a bit of guidance. I would have thought the same applies to Ministers. I have been a Minister and wanted to know what the Government and public were likely to accept while I did those negotiations. Therefore, I see nothing wrong in principle with the approaches in the amendment.
The noble Lord, Lord Grocott, knows as well as I do—he has been a Chief Whip—that it is often the case in Committee that we put down an amendment that may be technically a bit defective. We are trying to have a debate about a principle or an issue and we often withdraw them and come back at a later stage in the Bill with a rectified amendment that meets the concerns expressed. That does not mean it is wrong in principle to put these issues before the House and see what people’s views are. I support the amendment. We should think very seriously, as we discuss further amendments to the Bill, about whether we really believe that it is safe to send the Government into these negotiations without any requirements about the involvement of Parliament with that process.
My Lords, the noble Lord has made the central case for the amendment: do noble Lords trust the Government and the way that they have used the vote on the Brexit referendum or not? Frankly, we do not, for very good reasons that I shall seek to explain in a moment. That is not to say that we challenge the fundamental decision made in that referendum. Since I have been substantially misquoted on many occasions, let me say what I said on the night of the referendum, because government Ministers have been frequently using this as though somehow or other we had behaved in a way inconsistent with these words:
“I will forgive no-one who does not respect the sovereign voice of the British people once it has spoken. Whether it is a majority of 1% or 20%, when the British people have spoken, you do what they command. Either you believe in democracy or you don’t”.
Those are my words and I stand by them because we do believe in democracy on these Benches. We accept the sovereign voice of the British people.
Noble Lords may laugh but that is the fundamental question: do we challenge the “yes” or “no” outcome of that referendum? No, we do not, and this amendment does not in any way. We accept the decision that has been taken, and the decision is that we should leave. We are naturally bitter and sad about that, but whatever our personal feelings the judgment of the British people has spoken. However, to say we leave is not the same as the British people providing a mandate unto the solution that the Government choose in order to leave. The Government have actually taken what they claim to be a mandate to leave—which we concede the Government have, of course—and turned it into a mandate for the most brutal form of leaving possible.
I ask noble Lords to look back to the conduct of that referendum, in which many of us took part. I had a number of interesting debates with the noble Lord, Lord Forsyth, and very good they were too. On every single occasion during that referendum, we asked those who proposed Brexit to say what kind of Brexit. Did it mean leaving the single market? Did it mean a complete ban on immigration? Never were we given an answer. I have Mr Hannan, a well-known lion on the Brexit debate, on the record many times: there is nothing about this that says we must leave the single market. If I recall, in the meeting that I had with the noble Lord, Lord Forsyth—I do not think I am wrong—he too said that it was not necessary to leave the single market.
My Lords, we come at this late hour to an important group of amendments, which provide for greater parliamentary oversight of the withdrawal negotiations. I support all these amendments but I will contain my remarks to Amendment 8 in my name and that of the noble Lord, Lord Oates.
As I hope I have made clear already, I am not seeking to delay the start of the negotiations but I believe strongly that there must be statutory provision for much greater parliamentary oversight of the negotiations before we reach the end game than the Government have so far been willing to accept. Amendment 8, rather kindly, lets the Government get on with the negotiations after Article 50 is triggered for about half the two-year period provided for in Article 50. That is in part because I am not convinced from what I have seen from both the EU’s and the Government’s likely approaches that much will be settled that quickly.
However, as we approach—if I may put it this way—the half-time period in this game, I suspect there will be more goalmouth scrambles and possibly even a goal, but I am less than sure of the net. Some time after nine months and before 12 months from the triggering of Article 50, this amendment requires the Prime Minister to lay before both Houses of Parliament for their approval a progress report on the withdrawal negotiations. It specifies four key areas that must be covered in the report: future trading relationships for the major UK industries and sectors; future arrangements for the movement of EU and UK citizens between each other’s territories; the cost and make-up of the exit charge to be paid by the UK; and the likely implications for the devolved Administrations. The amendment enables the Prime Minister to add to the report any other aspects of the negotiations she wishes and to decide when within the three-month period she reports to Parliament. But return she must and secure Parliament’s approval of the progress that has been made—or not, as the case may be.
The reason for this amendment is the deep scepticism many of us have about the capacity of the Government to secure a satisfactory outcome from these negotiations that serves the best interests of the UK. As I said on Amendment 3, there are widespread concerns about the Government’s approach to the negotiations, even among those who voted to leave on 23 June. Some of those people are saying to me and to others that they would not have voted to leave if they had realised how the Government were going to go about the withdrawal negotiations, particularly the withdrawal from the single market and the customs union. Announcing that decision up front has only increased those anxieties and concerns and made people wonder what other mischief the Government will get up to in the negotiations.
I believe that there are big question marks over the quality and quantity of the UK’s negotiating capacity. If I may say so, there has been a great deal of swagger and bravado from Ministers and their parliamentary supporters about the strength of their hand and how much the EU needs the UK, together with the glittering array of trading opportunities that await us once we are out of the EU. I have not noticed that optimism being shared by many of the expert trade or EU negotiators. Most of the stories that have appeared have been about the lack of Whitehall’s preparedness for the leave negotiations and the shortage of skilled negotiators available to the Government. There is no crack negotiating team just waiting to be helicoptered over the English Channel in the best traditions of the SAS.
We should be extremely cautious about allowing the Government to effectively bypass Parliament on these negotiations until it is too late to do much about an unsatisfactory outcome other than reject the deal. That is why, when we come to it, Amendment 17 on parliamentary approval of the outcome of the negotiations will be so important, and I shall certainly support it.
However, I suggest that it is not sufficient to rely simply on Amendment 17, important though it is. Parliament needs to be more clearly and statutorily involved in the withdrawal negotiations at a much earlier stage and to be able to sound warning bells if things seem to be going seriously off piste. That is why I hope something like Amendments 8 or 18 will be agreed before the Bill leaves this House. I am not a proud author. If Amendment 18 is liked more, I shall be happy to support it.
I suggest that if I were in the Prime Minister’s shoes—although perhaps that is not a very good metaphor—I would be secretly pleased that a load of parliamentarians were overseeing these negotiations and some of the likely deals that might have to emerge at some stage before the end game. I suggest that that would give her a bit more political cover if things were going a little awry and were not where she wanted them to be. Therefore, I think that this is a helpful amendment for the Government and I hope the Minister will consider it carefully. I beg to move.
My Lords, given the late hour, I shall speak briefly in support of the noble Lord, Lord Warner, and the amendment he has just moved. Many of us have been deeply shocked by the approach that the Government have chosen to take post the referendum. Clearly, none of us in this part of the House was happy with the referendum result, but some of us thought that with a new Government we had a grown-up as a Prime Minister and that the approach taken would be sensible, measured and thoughtful. However, I am afraid that since 23 June the evidence has been absolutely in the opposite direction. Therefore, it is particularly important that Parliament has a proper role in this matter.
The noble Lord, Lord Warner, has set out some of the key points of the amendment relating to our trading relationships, the movement of citizens, the potential exit charge and the implications for the devolved Administrations. The Minister, the noble Lord, Lord Bridges, has said a number of times, including recently, that the Bill is not the place to constrain the Government’s negotiating position, but I think many of us here want to ensure that Parliament has a role in constraining because we are so alarmed at what has taken place since 23 June. I am afraid that scepticism has been caused by the Government’s actions, and they have only themselves to blame for that. I think the Government, Parliament and the whole process would benefit from proper information being provided to Parliament so that we can assess this process as it goes on and do not just get to a cliff edge at the end, finding the catastrophic position that some people outlined in earlier debates. On that basis, I strongly support the amendment moved by the noble Lord, Lord Warner.
My Lords, I oppose this amendment partly on the basis that we do not need to put it in the Bill and partly because I think I have heard my noble friend say on countless occasions that we will have scrutiny after scrutiny in this House and, no doubt, in the other place. We have no legislative requirement at the moment to scrutinise the EU. Does the Minister have at his fingertips, or will he be able to tell us in his reply, how many Oral Questions we have had answered on this? We seem to have one on the Order Paper every day on an EU issue. Half the Order Papers have Written Questions on the EU. We have some excellent Select Committee reports from our Select Committees—we seem to debate one every week—and we have countless other debates. We are having more scrutiny that I think we can cope with.
My worry is that once we trigger Article 50 this House will have nothing much to do next year. The other place will start with the great repeal Bill. All we will have will be the EU retaliating immediately after we have put in our bid and saying, “We are not having any of that nonsense—we want £50 billion, thank you”. We will have German and French elections—the Dutch elections may be over by then—and we will have information coming from Europe which will be from politicians and will not be helpful. All we will have, in the other place and in this place, will be colleagues rushing in, demanding Urgent Questions, putting down Motions here, there and everywhere, demanding ministerial Answers.
If the noble Lord reads my amendment he will see that the Government will actually have a clean bill of health for at least a year before they need to come back to Parliament on any of these issues.
Exactly what I was about to say was, if we could have these amendments where we will have an annual report, or a quarterly report, I think I would be happier to have that, in a structured form, agreed between the Government, the usual channels and the Select Committees, so we could have proper, structured debates on good nuggets of EU information, rather than the daily panics we are about to have as colleagues from all sides and in the other place, rush in demanding Urgent Questions on every rumour and scare story which comes from Europe. I do not think that we need to put in the Bill that we are going to have scrutiny: we can do scrutiny at the moment—we may be doing too much of it. Let us try to structure it so as to have sensible debate over the next two years.
My Lords, restoring parliamentary sovereignty lay at the core of what the British public were seeking to achieve when they voted to withdraw from the EU, so it is right that Parliament must and shall play a key role in scrutinising and shaping our withdrawal. As I said in my remarks on the previous amendment, the issue is one of balance. Parliamentary scrutiny must not come at the price of exposing our negotiating position and jeopardising what is in the national interest. All the evidence suggests that we can find common ground on this issue and get the balance right.
The EU Committee of this House produced a report last autumn that noted:
“Parliament can make a significant contribution to the development of the Government’s thinking, using conventional means such as debates and Select Committee inquiries”.
However, it also got to the heart of the matter when it acknowledged that scrutiny cannot jeopardise our national interest, saying:
“We agree with the Government … that Parliament should not seek to micromanage the negotiations. The Government will conduct the negotiations on behalf of the United Kingdom, and, like any negotiator, it will need room to manoeuvre if it is to secure a good outcome”.
It is worth remembering that this is something that the other place agreed with overwhelmingly when it was put to a vote on 12 October last year. Furthermore, it should be noted that this approach is shared by the European Commission itself. Its factsheet on EU trade negotiations states:
“A certain level of confidentiality is necessary to protect EU interests and to keep chances for a satisfactory outcome high. When entering into a game, no-one starts by revealing his entire strategy to his counterpart from the outset: this is also the case for the EU”.
Before I turn to the amendments, let me set out some of the steps that the Government have taken and will continue to take to ensure that Parliament is able to scrutinise Brexit. I start by answering a question asked by my noble friend Lord Blencathra about what I have done since Brexit. Since 23 June, I have given six Statements to your Lordships; my noble friends and I have taken part in four debates and answered 18 Oral Questions, which shows my willingness—I enjoy every minute of it—to deliver on this commitment. Along with that, Ministers in my department, myself included, have made no fewer than 13 Select Committee appearances. We believe that this approach is better than the one suggested in Amendment 18 for reasons that I will come on to.
We will continue to support and welcome the Take Note Motion debates that will tackle the most difficult aspects of our withdrawal, as well as the debates that emanate from the Select Committee reports referred to by the noble Earl and produced across Parliament. We are also continuing the programme of debates in government time in the other place. DExEU Ministers will also continue to appear at the EU Committee after every European Council and General Affairs Council, in addition to the Prime Minister giving a Statement in the other place, and my noble friend the Leader in this House, after every European Council. Ministers from across the Government will continue to give evidence at Select Committees on a wide range of withdrawal-related issues. Over and above this, we will also deliver on our commitment to ensure that this Parliament gets as least as much information as the European Parliament.
Parliament’s role goes beyond scrutiny, a point that I would say the noble Lord, Lord Warner, somewhat underplayed, for Parliament will also be a decision-maker. The Government will bring forward a Motion on the final agreement to be approved by both Houses of Parliament before it is concluded. We expect and intend that this will happen before the European Parliament debates and votes on the final agreement. Parliament will also shape the legislation required to give effect to our withdrawal from the EU, including the Bill to repeal the ECA and the legislation that will be required for any significant policy changes. For example, we have said that we expect to bring forward separate Bills on immigration and customs, plus a programme of secondary legislation to address deficiencies in the preserved law. So we entirely accept the spirit of the amendments before us today.
However, there are several reasons why the Government cannot accept them. Some are superfluous in that what they are seeking to achieve while others are prohibitively inflexible or prohibitively broad, but most important of all, none of them is relevant to this Bill which has a sole purpose: to trigger the process by which we leave the European Union. Let me expand briefly on these points.
As regards Amendment 18, I recognise the desire to formalise a timetable for scrutiny of negotiations, but it is much better that the Government should come back to this House at the point at which they have something significant to update noble Lords on, and as I have said, we have shown our willingness to do that. Amendments 8 and 24 will delay us from triggering Article 50 until the Government have reported to Parliament about how the UK will continue to co-operate with some 16 agencies or institutions. The noble Lord, Lord Berkeley, is right to highlight the importance of these agencies. I am more than happy to meet him to discuss them all. They are very important and flagged in the White Paper. But, looking at the words of the amendment, I argue that many people want us to get on with the negotiations. I do not think they want us to hang around while the Government produce reports on agencies such as the Community Plant Variety Office, even though we are a nation of gardeners.
Other amendments are problematic because they force us to reveal what should remain confidential and may well still be under negotiation. Amendment 8, tabled by the noble Lord, Lord Warner, requests Parliament’s approval on a report about the progress of the negotiations some nine to 12 months after we have notified. It includes an impact assessment on how trading relationships with the EU will affect UK industries and sectors, and a report on the cost and make-up of the exit charge to be paid by the UK to the EU. It also says that these reports should be made for Parliament’s approval, meaning that the Government could be committed to an outcome from negotiations before we are able to judge what might be deliverable. Plainly, the Government cannot accept such prescription. Doing so would fall foul of the very concern that the Select Committee of this House raised: micromanagement and restricting the Government’s room for manoeuvre.
The Government entirely accept the need for parliamentary scrutiny, but these amendments are unnecessary or detrimental and have nothing to do with the purpose of the Bill, which is to deliver on the referendum result and to allow the Government to trigger Article 50. I therefore ask that noble Lords do not press them.
My Lords, I am grateful to the Minister for his explanation. It does not totally surprise me what his attitude is towards this, but the idea that there is one report back to Parliament half way through a two-year negotiating period hardly seems micromanagement of the Government’s negotiations. Some would say that I have been rather kind in waiting for nine to 12 months before we got that report back. I will certainly read the Minister’s comments and consider what has been said, but there is an issue about how we take an overall look at the negotiations at a reasonable period after they have started, but before we reach the end game. I will talk to other colleagues before Report, but in the meantime I beg leave to withdraw the amendment.
(7 years, 10 months ago)
Lords ChamberMy Lords, my involvement in the Bill stems from a deep concern about the Government’s approach to EU withdrawal. Their excessive optimism is accompanied by a reluctance to accept Parliamentary scrutiny of the EU withdrawal process. As the noble and learned Lord, Lord Hope, said yesterday and the noble Lord, Lord Pannick, said today, it is constitutionally clear that it is for Parliament, not the Government, to authorise and give legal effect to the changes in domestic law and existing legal rights that follow from the negotiations after Article 50 is invoked.
It is of course impossible for Parliament to discharge that responsibility until it knows the terms of any proposed changes to the rights of British citizens and businesses and of EU citizens lawfully here. It also needs information and sufficient time to consider whether the proposed changes are in the country’s best interests. Neither the Government’s actions since June nor the Bill show proper recognition or acceptance of this fundamental constitutional position and its consequences.
I suggest that the Government started on the wrong foot with their oft-repeated claim that on 23 June the British people clearly voted to leave the EU. It is a fact that only 17.4 million people of the 46.5 million eligible to vote actually voted to leave the EU—some 38% of the electorate. The other 62% either expressed no opinion by not voting or voted to remain. The Government are claiming a mandate that is based on a voting threshold that did not reach the 40% required for most public sector strikes under their own Trade Union Act 2016.
Since June the Government have tried to use the royal prerogative to exclude Parliament from starting the withdrawal process. As the noble Lord, Lord Pannick, said, this was stopped only by a courageous citizen and the Supreme Court saying that Parliament must authorise the triggering of Article 50. The Government have continued to resist parliamentary scrutiny of the negotiating process and have promised to give Parliament only a take it or leave it choice on a final deal, without scope for amendment.
The Government’s negotiating strategy has been less than reassuring so far. They have ruled out membership of the single market and the customs union. They take an extremely optimistic view of the UK economy’s ability to cope when it no longer has guaranteed tariff-free access to the single market—our nearest neighbours. They have an inflated sense of the strength of their negotiating hand and the weakness of the EU’s, and have shown a touching belief that the rest of the world is just gagging to do better trade deals with us once we have left the EU.
Another flagship claim by the Government is that people voted to control our borders and that that can be done only by leaving the EU. The realities are somewhat different. Only about half the annual net increase of over 300,000 immigrants to the UK actually comes from the EU. Most of these people are needed to cope with staff shortages in many key sectors such as the NHS and care and hospitality, and many of our high-value research and technology sectors. Many others are students who help to keep our universities financially afloat. The Government are also ignoring the fact that the UK needs continuing inward migration because our own workforce will not be able to handle the growth of the UK’s non-working population over the next two decades.
As the start of the Article 50 negotiations approaches, there are myriad other complex and important issues to be resolved for this country, as many noble Lords have said. Not least of them is a classic parliamentary issue: the taxpayer funding an EU exit charge. At present there seems little government willingness to involve Parliament until a deal is done or the negotiations collapse amid massive recriminations. This is both unrealistic and not in the best interests of the country or even the Government. Instead, we are expected to be satisfied with the Government’s rather Panglossian White Paper and to nod through the Bill unamended. I think not. There is a wide range of amendments to be considered that will strengthen parliamentary scrutiny and involvement in our withdrawal from the EU. We should not be deterred from debating and passing some of these, whatever bloodcurdling noises are heard from inside or outside this House.
It is time for the Government to move on to a more mature approach to EU withdrawal and, if I may say so, to look a little less—here I will introduce a little poetry—like Edward Lear’s Jumblies:
“They went to sea in a Sieve, they did,
In a Sieve they went to sea:
In spite of all their friends could say,
On a winter’s morn, on a stormy day,
In a Sieve they went to sea!
The water it soon came in, it did,
The water it soon came in;
So to keep them dry, they wrapped their feet
In a pinky paper all folded neat,
And they fastened it down with a pin”.
I do not think we should end up like the Jumblies. I think we should amend the Bill to best meet the needs of the British people.