European Union (Withdrawal Agreement) Bill

Lord Whitty Excerpts

Committee: 3rd sitting (Hansard continued) & Committee stage & Committee: 3rd sitting (Hansard continued): House of Lords
Thursday 16th January 2020 Lords Chamber

Moved by

[Lord Whitty]

42: After Clause 37, insert the following new Clause—
“Transport between the United Kingdom and the EU
(1) During the implementation period a Minister of the Crown must as necessary make regulations and seek agreements with the EU or with an individual member State of the EU to ensure that transport of freight and of passengers by road, rail, air and sea continues to operate smoothly between the United Kingdom and member States of the EU during the implementation period.(2) No later than 31 July 2020 a Minister of the Crown must set out in a report to both Houses of Parliament the basis for movement of freight and of passengers by road, rail, air and sea between the United Kingdom and member States of the EU after the implementation period.(3) A Minister of the Crown must, within the period of 14 sitting days beginning with the day on which the report is published, make arrangements for an amendable motion on the report to be debated and voted on in each House of Parliament.”Member’s explanatory statement
This amendment is to alleviate concerns that permits will become less available and more complicated for lorries and drivers on cross-Channel journeys by ensuring that contingency arrangements can be made during the implementation period.

[Lord Whitty (Lab)]

My Lords, I said earlier this afternoon that my amendments were somewhat technocratic today, but this one actually, in a sense, deals with the most fundamental issue of all. As we split from the European Union, what actually happens when we move from one economic and political entity to another and how does it differ from the free movement we have had over the past few years? In other words, what will be different for the citizen or the trader once Brexit is “done”? Of course, as we said earlier, it is being done in stages: some things will happen from 1 February, some presumably from 1 January, and there might well be further stages in any ultimate agreement.

What matters to citizens and business is: if you drive your lorry off the ferry at Ostend, what has changed? If you land at Schiphol Airport, now in a different economic area, as a British citizen what has changed? Despite the fact that we have had major debates on Northern Ireland, it is not at all clear what will happen in relation to Northern Ireland, even internally within the United Kingdom. What actually happens if you are a trader moving produce from Stranraer to Larne or vice versa? I am not clear and nor are many businesses in Northern Ireland. Indeed, what changes if you just drive produce down the road from Strabane to Letterkenny? We need to know that; businesses, citizens and communities need to make arrangements that anticipate the new relationship with our European colleagues.

In May last year, the sub-committee of the EU Select Committee that I then chaired produced a major report on transport. That report is yet to be debated in the House. I was told that we would be debating it next week, in which case I probably would not have moved this amendment, but that seems to have disappeared, in which case we are not likely to debate transport in any other context before Brexit on 31 January.

We are told that things will not change during the implementation period, but some things will change. We will no longer be party to any decisions on transport or any other area during that period. I have therefore tabled an amendment that tries to deal with these stage changes to enable Ministers to make regulations to deal with those changes even during the implementation/transition period, because some will be needed. More importantly, after the end of that period, we will have a whole new relationship for every mode of transport—air, sea, road and rail. The implications will be different for passengers and for freight.

Take the road haulage industry: we have already had two different attempts to get it to prepare by developing its certificates and its ability to trade post Brexit, originally in preparation for 29 March. Those arrangements have, of course, now fallen. Even now, the road haulage industry is not yet clear whether we will be dealing with ECMT permits, which are limited in number, whether the whole range of road haulage will be required to have a new certification process, or whether drivers’ qualifications will remain recognised by the European Union, and therefore whether we can continue to trade in anything like the way we currently do without going through a whole new process.

When 29 March was in prospect, the European Union unilaterally, but subject obviously to reciprocal action, proposed that there would be a period of between nine and 12 months when the current arrangements for aviation and road transport would remain, so there was to be a buffer contingency provision. Those have sort of been rolled forward, but it is still not yet clear how long they will last and whether they will actually maintain continuity, or whether they will require new bureaucratic limitations on the ability to maintain the current level of aviation service, the current number of slots available to British-based companies, or, in the road haulage industry, the current level of permits.

The EU Select Committee has reviewed the withdrawal treaty and the political declaration. There are, of course, very high-level commitments in the political declaration to try to maintain some degree of movement. The committee concludes—as, more or less, does my committee—that it is not yet clear, and is unlikely to be clear until we get a free trade agreement of some sort, what the arrangements will be post-December this year. The committee concludes that we need much firmer commitments from the Government on their objectives in these areas, and much clearer commitment from the EU during the coming months.

The second part of my amendment therefore requires that, halfway through the year—by the end of July; let us give them a few months to get it sorted—the Government offer some clarity to industry and citizens. This involves us even as individual motorists. Will we need an international driving certificate by the end of this year to get off the ferry at Calais or Boulogne? It matters that we know the Government’s intention in these areas. As yet, we do not know the intention or—if it is to maintain free movement of goods and passengers on the present basis as far as possible—the credibility of that intention.

Of course, we then run up against a basic objection: free movement is dependent on alignment and common regulations, or what one of Mrs May’s propositions referred to as a common rule book. Without that, even if we have no tariffs, there are administrative problems, including costs and potential delays. That could snarl up Dover and make traffic at Holyhead almost impossible to check. It could mean snarling up trade with Ireland, as well as our relationship with the Irish Republic, which uses the UK as a transit area to get into the rest of the EU.

If the Government genuinely want what the Prime Minister on occasion says they want—the maximum freedom to diverge from European Union regulations—and they apply this to transport, the system will snarl up. There will not be frictionless trade, which has been said by successive Prime Ministers to be the objective. Frictionless trade does not exist without pretty close alignment of regulations, which the European Union has. As my noble friend Lord Lea said earlier, even between the EU and EEA/EFTA countries, there are some administrative problems at the borders, despite the agreement between the EU and those countries.

In every transport sector, whether you are a big road haulage company, a major world airline, a small trader with a van or an individual motorist, you do not yet know how the world is going to change and we have had no real indication from the Government of how they will deal with this. Can they give us some indication? As I have said, I would have preferred a report on transport in a different context—and I hope we will still have that even if it has to be after Brexit day—but this is a major subject which affects almost every sector of our country. I will come on to another amendment that deals with the agencies. The European agencies are very important to effective transport safety, be it road haulage, the railways or, more importantly, aviation and maritime activities.

I hope that we can get a coherent response—a report—from the Government on this issue. I have given them time before we exit. Between now and July, they should tell us where they are going and how we are to travel and trade beyond next year. I beg to move.

--- Later in debate ---

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, I thank the noble Lord, Lord Whitty, and members of his committee, including the noble Baronesses, Lady Randerson and Lady Noakes, for their very thorough report in May 2019, Brexit: Road, Rail and Maritime Transport. I also thank the noble Lord, Lord Tunnicliffe, for his contribution today. While I appreciate the intended effect of the amendment proposed by the noble Lord, Lord Whitty, it is at best unnecessary and at worst unwise, as I hope to explain.

The first part of the noble Lord’s amendment relates to transport during the implementation period. It is worth reiterating that, once the withdrawal agreement is ratified by the EU and the United Kingdom, EU law will continue to apply in the UK during the implementation period, and the Government will make regulations as appropriate. This will guarantee that the transport of freight and passengers will continue to operate smoothly, just as it does now. So in the implantation period, nothing changes. I hope this reassures the noble Lord that this part of the amendment is therefore unnecessary.

Regarding arrangements for the moving of freight and passengers by road, rail, air and sea between the UK and the EU after 2020, these considerations will form a very important part of the negotiations with the EU and should be allowed to proceed without undue impediment. While it is beyond the scope of today’s debate to go into great detail, I will take this opportunity to reassure noble Lords that the Government are fully prepared across all four modes: roads, aviation, rail and maritime. The landscape is complex, but the challenges are not insurmountable, and the work done in your Lordships’ House and beyond has been critical in crystallising our understanding.

On roads and road haulage, while international haulage accounts for only a small proportion of haulage activity in the UK, it is essential for our imports and exports. The political declaration therefore identifies road transport as an area for negotiation. We hope to agree arrangements that will allow the haulage industry to continue to act as the vital enabler of wider economic activity, while respecting our right to decide for ourselves how we regulate this sector in the future. We are developing a programme of discussions with the haulage sector on the future relationship, and this will include regular industry round-table meetings.

The noble Lord, Lord Tunnicliffe, mentioned permits and the time taken already by your Lordships’ House on a permitting system. This has helped our understanding of the challenges that the haulage industry will face. The Government are aware that the ECMT permitting system can be limited, and therefore if we do not have an agreement, we will look at bilateral arrangements with individual countries. Many of those historic bilateral road agreements can be restarted, and we have them with all EU member states, excluding Malta for reasons of geography. These would be the foundation for maintaining connectivity. However, our immediate focus is on getting an arrangement, particularly for road haulage. There is huge interest on both sides to make sure the arrangements work and that we are able to serve the supply chains across all nations.

Private motorists are also mentioned in the political declaration. Noble Lords will recall that by ratifying the 1968 Vienna Convention on Road Traffic we have already ensured that UK driving licences should be recognised in EU member states which also ratified the convention. Ireland, Spain, Cyprus and Malta have not ratified this convention, but we have ensured that UK driving licences should be recognised in those countries through their ratification of the 1949 convention. We are prepared to consider complementary arrangements where those would make sense.

Another example is on type approval for vehicles. The Government are working on implementing a UK type approval system to regulate which vehicles may be sold on the UK market, so that we remain confident that vehicles registered in the UK are safe, secure and clean. The UK is a respected member of the UNECE World Forum for Harmonization of Vehicle Regulations. We expect to maintain our high level of influence over the development of international vehicle technical standards.

On aviation, the political declaration foresees a comprehensive air transport agreement that will provide market access for UK and EU airlines, and provisions to facilitate co-operation on aviation safety and security, and air traffic management. The UK has long-standing expertise in negotiating aviation agreements and is fully prepared to reach a beneficial deal.

The noble Baroness, Lady Randerson, mentioned the safety agencies. Within the field of aviation that is the EASA, a significant player with whom the UK works closely. It is paramount that the safety and security of all passengers travelling in the UK and EU is not compromised under any circumstances. We want our consumers and EU consumers to continue to experience the best safety practices, when flying both to and from the UK. The Government understand the industry position on the UK’s continued participation in EASA and we will continue to work closely with industry throughout the negotiations.

On rail, arrangements are already in place for services through the Channel Tunnel and on the island of Ireland to ensure that these cross-border services continue in all circumstances. These arrangements will be supplemented by bilateral arrangements with France to support the continuation of these mutually beneficial services over the longer term, and we will continue to support the Northern Ireland Civil Service in future discussions with Ireland. The Government want to secure a close relationship with the EU transport safety agencies, including those for rail, as part of our future relationship.

Finally, maritime is a global sector and largely liberalised in practice. The UK’s departure from the EU will not create obstacles for UK ships in accessing EU ports. However, free trade arrangements can provide the legal certainty to underpin the market access that exists in practice.

The amendment of the noble Lord, Lord Whitty, also proposes a reporting requirement, a debate in both Houses and a vote thereon. On reporting, there is no need to set out—indeed, there may be a significant detriment in setting out—bespoke statutory reporting requirements on a specified date. I hope noble Lords agree that imposing a statutory duty on a Minister to provide public commentary at a fixed point in time on the likely outcome of confidential negotiations risks seriously disadvantaging negotiators acting for the UK. However, I highlight the comments on scrutiny made by my noble friend Lord Callanan in your Lordships’ House yesterday. It will remain the case that both Houses will have all the usual and long-standing arrangements for scrutinising the actions of the Government.

Let me summarise the Government’s response to the two key elements of this amendment. First, the smooth running of transport during the implementation period is already guaranteed. Secondly, the proposed report being published during the course of the negotiations is unlikely to be helpful and may significantly undermine the UK’s negotiating position. Given these considerations, I hope that the noble Lord, Lord Whitty, will feel able to withdraw his amendment.

[Lord Whitty]

I thank the Minister for that very full reply, and I thank colleagues, particularly committee members, who contributed to this debate. I accept some of what the Minister said, in the sense that, theoretically, during the implementation period nothing is supposed to change—but some of the mechanisms for ensuring that things do not change have disappeared. That is probably an issue for my next amendment because, if we are not involved in discussions in the various agencies and issues arise, there will be a problem in the implementation period.

I agree that the real problem is from the new date of 31 December—or, in deference to my noble friend on the Front Bench, 22 December or thereabouts. The whole point of me asking for a report in July is to ensure that, in good time for the December date, all the various sectors, plus individual motorists, brokers and insurance companies and so forth, understand the position. It may be over-glossing it to require a vote of both Houses, but I think the industry and the nation require a comprehensive report, in some form, to the House and the country, to explain what will happen in all these modes of transport beyond December.

I will not press this amendment or the July date. This was always a probing amendment, and I have got a number of commitments from the Government, for which I am grateful. I am sure the Government are well aware of all these issues. I am not sure I entirely agree with my former colleague on the committee, the noble Baroness, Lady Noakes, about the degree of preparedness of Ministers before us; that was probably true of the last Minister we saw, but it may not have been true of earlier Ministers. I shall draw a curtain over that.

I accept the Government’s good intention in this respect, but, in the coming months, they will be under pressure from these various sectors to have greater clarification. It would be quite a good idea if we debated that again in the House, in whatever form the Government think is appropriate. Otherwise, we could still be in a situation where there is chaos in at least one of these sectors on 1 January next year. I beg leave to withdraw the amendment.

Amendment 42 withdrawn.

Moved by

[Lord Whitty]

43: After Clause 37, insert the following new Clause—
“Agencies of the EU and Euratom
(1) During the implementation period, the Secretary of State must continue to cooperate with the agencies listed in Schedule (Agencies of the EU and Euratom) and, if the Secretary of State considers it necessary, make regulations to enable cooperation.(2) Subsection (3) applies whether or not during the implementation period the United Kingdom is a member, associate member or observer at an agency, or has no formal association with it.(3) No later than a month before the end of the implementation period, the Secretary of State must lay a report before both Houses of Parliament setting out the United Kingdom's intended future relationship with each agency listed in Schedule (Agencies of the EU and Euratom) after the implementation period.”Member’s explanatory statement
The EU executive agencies have impacts on different sectors of UK business and society. This amendment would compel the Government to set out how they intend to fulfill their obligations in respect of the agencies during the implementation period, and how they intend future relations with those agencies will be conducted afterwards.

--- Later in debate ---

[Lord Whitty]

My Lords, I shall speak also to Amendment 62. Veterans of these withdrawal Bill debates—I cannot remember how many we have had now—will know that I have become somewhat obsessive about the agencies. The original EU withdrawal Bill transposed into UK law in a very sensible way—albeit a complicated way, and one that has taken a lot of work by our sub-committees to put into effect—most directives and regulations from the EU. In addition to those directives, however, day to day, it is often the agencies of the EU that are actually smoothing the way so that we have a co-ordinated market in the areas that they cover. Other areas—for example, security; I heard the noble Lord, Lord Paddick, talking about police co-operation the other day—are facilitated via these agencies in interpretation, enforcement, gathering information and monitoring the activities that they oversee.

--- Later in debate ---

[Lord Whitty]

My Lords, I am very grateful for that full reply from the Minister on the intent of Government in these areas. I would, however, ask him to comment on one or possibly two areas.

First, the three agencies that he picked out were the ones that the previous Prime Minister picked out, in one of her major speeches in this saga, as being particularly important for continuing participation. Perhaps I should solidly approve the consistency of policy within the Government over the change in regime, but if that is still the priority, it is a rather limited number of these agencies.

Secondly, the noble Lord said that things will continue as normal during the implementation transition period. My understanding—as of a few months ago, anyway—was that, while the rules would remain the same, our participation in any of the executive bodies of these agencies has been denied by the European Union. If there is a change in that situation, I would strongly support it, but my understanding is that only a few weeks ago the EU’s view was that we would no longer participate, even though we were bound by the rules. Could the Minister comment on that?

[Lord Duncan of Springbank]

Yes, of course. The noble Lord is correct. I did not mean to imply that there is no change whatever. I meant that what those agencies do, and our commitment to those agencies, continues unchanged during the implementation period, until such time as the negotiations reveal the structure or the future arrangement. I picked out the three particular agencies because there has been continuity on those between the two Administrations post the election or post change of regime, and those are clearly ones in which we would wish to see an active participation. We would prioritise these in developing a relationship with the EU, but not exclusively so—I would not wish it to be thought that, of the agencies that have been listed, only those three are for active consideration. Those are ones that, in light of our conversations and debates so far, probably stand at the top of the list. For each of the others, an accommodation and a relationship will be required. What it will be and how it will be determined will ultimately evolve through those negotiations. I hope this House and the other place will be kept fully informed of those.

[Lord Whitty]

My Lords, I thank the Minister very much for that clarification, and I beg leave to withdraw the Amendment.

Amendment 43 withdrawn.

Brexit

Lord Whitty Excerpts

Saturday 19th October 2019 Lords Chamber

[Lord Whitty (Lab)]

My Lords, wise words from the noble Earl. The House will be looking to him and his committee—my commiserations to him there—to make sense to this House of what is about to follow.

The noble Baroness the Leader of the House made what was intended to be a great unifying speech, but, unfortunately, it came against the background of great division. She did not explain to the rest of us why it is now that this deal, as compared with Mrs May’s deal, is attracting the support of the right wing of the Conservative Party in a way in which the previous one did not. We have been conned into believing that this change is entirely to do with Northern Ireland. There are changes on Northern Ireland, and noble Lords may well be right that they are beneficial for Northern Irish industry, although those beneficial changes do not apply to the rest of British industry, but they do not in any way resolve the divisions there.

The real change is not on Northern Ireland; it is that we have diluted what references there were to regulatory environment alignment—in the legally binding part of the documentation they are weakened and in the political declaration the choice of trade arrangement has been narrowed such that, rather than the closely aligned two economies that were envisaged in the Chequers agreement and Mrs May’s agreement, the options are confined to what amounts to a Canada-minus-minus form of trade agreement. That is not progress. If anything, it is taking us back. I hope this House and another place recognise that they, the public and the media have to some extent been conned over the last few weeks.

The Prime Minister is a great entertainer. He is a great illusionist, but entertainment is not the same as statesmanship. Like charlatans through the ages, he first embraced and then betrayed Mrs Foster and the DUP. Like a two-bit conjurer, he has got us to concentrate on one hand while doing unmentionable things with the other. The reality is that this is taking us to a more deregulated economy which will reduce not only employment rights but food safety, animal welfare and environmental protection in a way in which elements in the party opposite, although by no means everybody in it, have always tried to see as the consequence of Brexit.

I appeal to those one-nation Tories who did not feel able to support Mrs May’s agreement and to those Labour MPs from Brexit-voting seats who likewise could not support Mrs May’s agreement that, from the perspective of logic, intellectual content and moral duty, they should not support this agreement either. It is taking us down a road for which there is no consensus in the population. There is antagonism to that road from large sections of British industry. The people of Britain will be the worse off for it, not only economically but in quality of life; if the Government persist in going down this road, and if somehow the deal gets through the House of Commons, it is very important that those people get a chance to have a say on it. Therefore—and I did not start from this position—I have come to the conclusion that, at some stage in the process over the coming months, the whole issue has to be put back to the people.

Brexit

Lord Whitty Excerpts

Wednesday 2nd October 2019 Lords Chamber

[Lord Whitty (Lab)]

My Lords, I congratulate the noble and learned Lord, Lord Mackay, whom it is always a pleasure to follow, and I shall take up some of his points. It is also a pleasure to come shortly after the noble Earl, Lord Kinnoull. I congratulate him on the record for not only becoming the chair of the EU Select Committee but making absolutely crucial points on the future and current roles of that committee in the light of the empty chair decision.

In some ways, I find the usual style of the House of Lords and the rather strange title of this debate rather bewildering. I personally wanted to do more than “note” the withdrawal; I would quite like an amendment that says “regret”. I shall probably weep on Halloween, because I have always regretted the Brexit decision. Immediately after the decision, like many other remainers, I was prepared to take a constructive approach to that situation and look at how we could negotiate our way into a new relationship with the EU. By that we then meant an early fulfilment of the withdrawal treaty, a decent transition period when the arrangements could be sorted out—in the meantime, we would be on a level playing field—and we could then start on the very serious prospect of negotiating a proper future free trade agreement with our largest trading partner. What has happened since then has destroyed that vision. We have had the most appalling negotiations, on which I have previously commented. Any first-time shop steward or negotiator in the commercial world would throw their hands up in horror at the way this British Government have negotiated—I mainly blame the British Government, although I have some criticism of the EU as well.

This is the first time that we have been able—at 10 minutes’ notice—to look at what the Government describe as the “first and final offer” on a change in the backstop. The Northern Ireland situation, specifically the backstop, has largely prevented us from concluding the withdrawal agreement. However, it is not at all clear whether the manner in which the Prime Minister is presenting that agreement is likely to win him many friends in Brussels. While we have had some positive and diplomatic responses from Berlin and Brussels, it is by no means delivered. We will have a chance to debate that document tomorrow.

It is worth noting the point that I have made from the beginning, and that is that including Northern Ireland and the border issue in the withdrawal treaty was probably the first and most profound mistake that David Davis made in his period as negotiating Secretary. In the end, Northern Ireland and the Republic of Ireland’s relationship and trade arrangements can only be resolved in the context of a longer-term trade deal. We are still dealing with a very short-term situation. It would appear on first reading of the new document that we are doing so in a way that has been objected to by a substantial proportion of unionist opinion in the north. In other words, we are keeping Northern Ireland in the EU single market to a large extent and differentiating the treatment of Northern Ireland from the rest of the United Kingdom. I think that was always inevitable, and the resolution of it rests in a long-term trade agreement.

The way the Prime Minister has presented this new solution is designed both to offend the negotiators on the other side of the channel and give cause for concern to many within Northern Ireland itself. The “two borders for four years” proposition is not what anybody in Northern Ireland was looking for. Even if there were a narrow deal and we could move on to the next stage, there are signs in the Government’s attitude that suggest we will be in very serious difficulty. What has been reported, although it does not appear to be in these letters, is that, in addition to the points on Northern Ireland and the backstop, the Government have signalled—in relation to the political declaration, not the withdrawal treaty—that they wish parts of the declaration to be altered so that the commitment to a, broadly speaking, level playing field is omitted. If that is true, it means, as my noble friend Lord Liddle has indicated, that the Government are retreating to a position of not being committed on consumer rights, employment rights, environment protection or a host of other regulations which at present allow us to trade on a level playing field with our trading partners in Europe. In other words, this Government wish to have the ability to cut the rights that exist at the moment and to undercut the European Union in a way that makes a free trade agreement much more difficult.

This is, frankly, what most progressive opinion in Europe has always feared. It is just what will prevent us from reaching a real long-term trade agreement with the EU, and this whole fiasco will drag on and on. We have a debate tomorrow in the name of the noble and right reverend Lord, Lord Harries, on human rights and democracy in future trade agreements. If our first step in that direction is to delete the human and employment rights that we have in our present arrangements with Europe, I will weep on Halloween not only because of Brexit but for the standing of this country in the world.

EU Withdrawal

Lord Whitty Excerpts

Wednesday 13th February 2019 Lords Chamber

[Baroness Meyer (Con)]

My Lords, this is my third time speaking and my third time doing so after the noble Baroness, Lady Bull. I do not know whether there is any significance to this.

Anyway, this Brexit debate is nothing if not a contest between two visions of the future. There is no surprise about that. However, the debate has become so dogmatic, dug-in and devoid of good old English common sense that it has also given rise to two versions of history. Just as the EU today claims moral ownership of the Good Friday agreement as if it had taken part in the negotiations and suffered thousands of casualties during the Troubles, there are some remainers who give the EU credit for ending the Cold War—so much so that, in our debate on 28 January, to the applause of others sitting opposite us, the noble Lord, Lord Whitty, gave the then European Community the credit for bringing down the Berlin Wall.

This is entirely false. I was living in Germany, married to a German. I was there in September 1989, the very first time East Germans—

[Lord Whitty (Lab)]

My Lords, if I can correct the noble Baroness, the credit I gave to the EU was for welcoming the states of eastern and central Europe into a state of democracy and freedom. We can argue about the cause of the fall of the Berlin Wall; I did not ascribe that, as such, to the EU.

[Baroness Meyer]

I will cover that particular point in my next paragraph. I will continue because I am not yet confident enough to speak without notes, but beware: it will happen one day, and noble Lords might regret it.

I was living in Germany. We were there in September 1989, the first time that the East Germans were allowed to leave East Germany. We ran to the border and saw people coming out on bicycle, on foot and in their little Trabants. The West Germans lined the street and welcomed the East Germans. It was an unforgettable moment—the celebration of freedom from a state of oppression. This moment remains in my mind and will do so for a long time. My children are half-German.

The EU had nothing to do with it. It happened because of the fall of communism, mainly because of its inadequacies. If any international organisation contributed to the fall of communism, especially of the Soviet Union, it was NATO, not the European Community, as it was called then. If any international statesman helped the Berlin Wall come down, it was President Reagan, who called to Mr Gorbachev in 1989, “Tear down that wall”.

If we cannot agree on the future of this country, the least we can do is not reinvent the past to gain advantage in Brexit debates. Let us not forget that Paris and London were strongly opposed to the reunification of Germany in 1990 for fear that it would become too powerful. Let us not forget that Chancellor Kohl told the German people in 1997 that EU integration and the adoption of the euro were the price that Germany had to pay to dominate Europe without alarming its neighbours. Let us also not forget that Kohl pledged to his people that the euro—which led directly to economic crises in Greece, Spain, Portugal and Ireland, and to the impoverishment of Italy today—would be no less strong and stable than the deutschmark.

Brexit: Parliamentary Approval of the Outcome of Negotiations with the European Union

Lord Whitty Excerpts

Monday 28th January 2019 Lords Chamber

[Lord Whitty (Lab)]

My Lords, it is a not unadulterated pleasure to follow the noble Lord, Lord Dobbs. I too have a piece of the Berlin Wall. I just wish that he and others, in celebrating the fall of that wall, would recognise the role that the EU has played in giving democracy, freedom and the right for people you disagree with to demonstrate to those who were previously suppressed both by the fascist Governments in Spain, Portugal and Greece and by the communist regimes in eastern and central Europe. That is one of the great legacies of the years that we have been in the EU and we should celebrate it, not deplore it.

As a conscientious member of your Lordships’ EU Select Committee, I usually try to be constructive and pragmatic in these discussions on the Brexit process. However, today I am afraid that I am feeling just exasperation. We will hear later from the noble Lord, Lord Kerr, who, I am sure, when he helped draft the Article 50 process less than 10 years ago did not really envisage that we would be engaged in this long drawn-out process in the way that we have been.

It is two and a half years since the referendum. One can admire the Prime Minister’s fortitude and resilience but the fact is that we have seen a period of totally misguided and incompetent negotiation. We have seen a fractured Government and, as others have remarked, a nadir in people’s respect for this Parliament. It is not really a great time for politicians to take back control. Whichever way they voted, the people are bemused and impatient but they are also angry, and businesses, small and large, have moved from worry to desperation, as we see in the letter from food retailers today.

We here in Westminster can look forward to the deliberations in another place tomorrow and hope for an outcome, but let us register that the time for parliamentary and internal party games is over. It is time that Ministers confronted the Brexiteers and the media snapping at their heels who pretend that they can get a significantly better deal on the withdrawal treaty from the EU. To put it at its mildest, it is unlikely that the EU will make significant changes in the legal text of the treaty. Had the Government behaved more constructively, it would have been possible to get better wording in the political declaration. The EU has already indicated that it wishes, within a limited number of years, to reach a trade deal that would supplant and withdraw the need for a backstop. Meanwhile, the backstop guarantees what the Government say they want: near-frictionless trade within Ireland and between the UK and the EU.

Then we have our domestic situation. For months, I, along with others, have been asking the Government to set out how we are going to pass the legislation that we are required to pass by 29 March. The noble Lord, Lord Newby, and the Leader of the House herself referred to the onerous legislative task in front of us. We need a little more time to deal with that, let alone for the Government to go back and sensibly negotiate a marginally better deal.

Therefore, I support the Motion in the name of my noble friend Lady Smith, which calls for a time extension. I am not talking about years but months. In that period, you might get an agreement closer to one that the Prime Minister could get through the House of Commons, and you might also reach a deal that is acceptable to the European Union. You will not do that in 60 days. So let us say that we need a little more time, difficult though that is. If even then the Government fail to get a deal that the Commons would accept, or that the EU would accept, we will have to face the harsh truth that the politicians of this generation have comprehensively failed the public and this country. In those circumstances—the noble Lord, Lord Dobbs, comes half way towards me on this—there is no alternative but to return the verdict to the people. The people must judge their parliamentary representatives, their views on Brexit and their performance in this Parliament.

I would go further. In the eventuality of a failure to reach a deal after an extended period, we should have both a general election and a referendum on the same day. The people can then judge their politicians on the lines they are taking on the referendum and judge whether they wish to proceed with Brexit. We have failed the people over the last two and a half years. We will have to put it back to them and return a Parliament that can enact their wishes.

Brexit: Withdrawal Agreement and Political Declaration

Lord Whitty Excerpts

Monday 14th January 2019 Lords Chamber

[Lord Whitty (Lab)]

My Lords, I want first to focus on what may appear a parochial issue: the role of this House in the next few weeks. If the Government lose tomorrow, we are on course to crash out of the EU without a deal within three months. Yet, as a Parliament, we have nowhere near set up the legislative framework or regulatory order that will be needed for British business, agriculture or society as a whole to operate at home and abroad. When will the Government set out clearly their proposed sequencing and timetable for the scrutiny both of primary legislation required prior to Brexit and the large number of statutory instruments that we require to pass by the time we leave? That is a question that Ministers in various different contexts have dodged frequently over the last few weeks. Without this, we will, frankly, be in legal chaos. In primary legislation, we have at last restarted the Trade Bill, which is inadequate and incomplete. Yet we have not seen the Bills on migration. This House has not yet had sight of the Agriculture Bill. We need an environment Bill and the Fisheries Bill. On top of that, we have several hundred statutory instruments to pass to make sense of Brexit—if, indeed, we leave on 29 March. Only about 10% of those statutory instruments have been passed so far.

All that must be done within the next 10 weeks. That is a nigh-impossible task. I ask the Government: how are they going to manage it? When will they tell the rest of the House how we are going to manage it? Or do they have a different plan? Do they intend, perhaps, to recognise at last the folly of putting 29 March in primary legislation in the withdrawal Act? Alternatively, are they proposing to deal with it by emergency regulation and emergency legislation? In other words, do they intend to operate in the next few weeks government by decree? Does it mean that taking back control means, in effect, that we subject ourselves to a system of Napoleonic edict by the current Government? The role of this House and the other place, in looking at that legislation, is vital in order that we have a climate and legal structure in which to operate.

When the referendum result came through, like others, I was deeply saddened. But I did not immediately think that this must be overturned. Instead, both personally and as chair of one of your Lordships’ EU sub-committees, I focused on the options available to us for a new relationship with Europe, particularly in relation to trade. Just over two years ago, my committee produced a report looking at the various options: the Norway option, which would be the least disruptive; a customs union; a free trade agreement; a comprehensive association agreement; and, indeed, dropping out on WTO terms. The fact is that, nearly two and a half years later, all those options are still open to us. We do not know which form of trade arrangement we shall make with our leading trade partner. We are no further forward.

This is the result of a combination of incompetent negotiation and bad timing. We triggered Article 50 too early, without having a plan. We accepted the EU’s sequencing, so that there were issues in the withdrawal treaty, such as the Northern Ireland situation, which should not have been in the withdrawal treaty and are now holding up any agreement. In other words, we have spent two and a half years hung up on the wrong issues. There is no clarity to answer the questions the majority of the population and of businesses are asking. What will be the system of trade? What will be our human rights? What will be our system of security post Brexit?

The two major parties are split on this issue. The House of Commons is in gridlock and acting like a school playground. The country is much more bitterly divided now than it was during the referendum. Accusations and counteraccusations of betrayal will arise however we now deal with this issue. But the reality is that the political class, which includes all of us, has let the population down. We have comprehensively failed, in the two and a half years since the referendum, to point the way forward. The only conclusion I can draw from that is that we need to return the issue to the people—not as a subterfuge or a way to get out of earlier decisions, but as a way to face the future with the support of our population.

Air Pollution

Lord Whitty Excerpts

Wednesday 9th January 2019 Lords Chamber

[Lord Callanan]

I answered the noble Baroness, Lady Ludford. Were there to be a dispute over the application of the level playing field provisions, it would not be enforced by the European Court of Justice.

[Lord Whitty (Lab)]

My Lords, the noble Baroness’s Question and the Minister’s Answer focus on agreement and the idea that a deal will be done and there will be an implementation period. If I understand the parliamentary arithmetic in another place, that is at least doubtful at this point. If indeed we have no deal and leave the European Union on 29 March, there will be no UK-based enforcement procedure for environmental standards because the Government have failed to produce an environment Bill that gives powers to the British Government to do what Europe has hitherto had to do. When will those powers come forward and what is the timetable for that Bill?

[Lord Callanan]

I think the noble Lord has provided his party with a good reason to vote for the withdrawal agreement, so that we will have an implementation period. However, he is of course correct: if we have no withdrawal agreement, by operation of the law, we will leave the EU on 29 March next year and none of the provisions of the withdrawal Act will come into force.

Brexit: Negotiations and No-deal Contingency Planning

Lord Whitty Excerpts

Tuesday 4th September 2018 Lords Chamber

[Lord Callanan]

I have not been to Dover recently myself, but ministerial colleagues have and officials are, of course, in regular correspondence and discussions with the officials there. One reason we put forward our proposals was to produce a frictionless border which would ensure that there are no queues at Dover or any other port. One reason why we are proposing a facilitated customs arrangement, and negotiating on it, is to produce frictionless borders both in Ireland and at Dover.

[Lord Whitty (Lab)]

My Lords, given the complications and the failure to get anywhere close to an agreement, does the Minister wish to reconsider his answer to the noble Lord, Lord Wigley, that in no circumstances would we seek an extension of the deadline? If we have only got six weeks and we are still so far away, should we not now be formally seeking an extension of that deadline?

[Lord Callanan]

No, because we are leaving the European Union on 29 March 2019.

Brexit: Parliamentary Processes

Lord Whitty Excerpts

Tuesday 24th July 2018 Lords Chamber

[Lord Callanan]

The vote that Parliament will have will be whether to accept the deal or reject it.

[Lord Whitty (Lab)]

It is bizarre in this day and age that we hide behind the medieval doctrine of Crown prerogative in relation to treaties. In relation to future trade treaties in particular, does the Minister not accept that for the past 40 years we have had effective scrutiny by a Parliament, the European Parliament, in mandates, negotiation and outcome? We are therefore going backwards in parliamentary scrutiny terms if free trade agreements with the EU or anything else do not follow the same pattern. Of course, free trade agreements have the same pattern in the United States Congress. Will the Minister at least concede that we need a proper trade treaty scrutiny committee post Brexit?

[Lord Callanan]

Scrutiny committees are not a matter for the Government; they are a matter for Parliament. I think the noble Lord will find that the European Parliament gets similar arrangements. The Commission negotiates trade deals that the European Parliament votes to accept or reject, and the position will be the same for this Parliament.

Brexit: Preparations and Negotiations

Lord Whitty Excerpts

Monday 23rd July 2018 Lords Chamber

[Lord Whitty (Lab)]

My Lords, like the noble Baronesses, Lady Falkner and Lady Noakes—the latter is no longer in her place—and the noble Lord, Lord Liddle, and under the chairmanship of the noble Lord, Lord Boswell, we were all in Brussels last week. We seem to have come to slightly different conclusions, one has to say. However, in view of the time and of the time limitation, I want to concentrate on one big point that I think everybody would agree on. One thing that I came away from there with is that we are running out of time: these negotiations are closer to collapse than I think many noble Lords recognise.

I have had occasion over the past few months to draw attention to the inadequacies of both the UK and the EU negotiators. I speak as someone who has observed negotiations in many contexts over the years. There are many prime rules of negotiation which have been lost on those who are supposed to be our official negotiators. In recent days I have sensed something even worse, which is, as I say, the imminent collapse of these negotiations. In negotiations, when it becomes clear that one party no longer has the confidence of those they are supposed to represent—as appears to be the case with Brussels and the European capitals in the case of our Government—then negotiations are close to collapse. When one side, or in this case, both sides, start to threaten to abandon agreements that were made in principle pending the full settlement, then you know you are close to collapse. And when one party starts trying to appeal behind the backs of the front-line negotiators, as appears to be the case with our appeals to the capitals of the 27 at the moment, then you also know that negotiations are close to collapse. When you are running out of time, then you certainly know it.

Only a couple of weeks ago, both Mr Davis—remember him?—and Monsieur Barnier were saying that the withdrawal agreement was 80% concluded and agreed, and we had green marks across the text circulated to our committees. Now, not only is Mr Raab threatening not to pay the agreed budget figure, but the European Union is threatening not to observe the agreement on citizens’ rights. That also suggests we are close to the precipice.

Several noble Lords have rightly said that this is the kind of document which should have been produced 15 months, 18 months ago, maybe even before we triggered Article 50. I do not disagree with that, but the question is: what is its status now and what can we do with it? Does it represent a sensible, good arrangement for UK industry and is it likely to be acceptable to the EU 27? I am afraid that the answer on both counts, as many noble Lords have indicated, is no. The document does not provide a secure basis for our future trade with Europe, in particular for our services sectors. It is also full of wishful thinking on the customs agreement; meeting the aspirations for frictionless trade in our goods sector will be hugely complex.

It was already clear to us in Brussels that you cannot get an agreement with Brussels which appears to fragment the single market: which cherry picks, in their terms, how we treat different services and sectors, and breaches the four central freedoms. That has become apparent. It is also clear that our day-to-day participation in EU agencies—from aviation and medicines through to Europol—is unlikely to be conceded if we stick to the approach of the White Paper. Had this document been produced 15 months ago, all sides could have regarded it as a basis for negotiation. Instead, given the problems within the Cabinet, the Conservative Party and Parliament, it is now being seen as our text, from which the Prime Minister will find great difficulty in departing. It is therefore a real problem for us domestically to agree to further concessions, and it is difficult for the European Union to use that document as a negotiating text. That is a real problem in developing the future relationship. Regrettably, it is worse than that because the withdrawal agreement depends on us having some idea of where we are going on future trade relations.

We will not solve the Northern Ireland border question unless we have an idea of where we are going. Regrettably, the Northern Ireland border, for the EU’s own reasons, was put on the list of things we had to agree within the divorce settlement. We are nowhere near to agreeing it and until there is some light at the end of the tunnel on the future trade agreement, it is difficult to have a long-term solution to the Irish border question. Instead, the tension around that is rising. You only have to read the British press’s reaction to the Irish Government’s position and the remarks of the Taoiseach himself about British airlines. Probably most pernicious of all is the DUP’s deciding that it will be the defenders of hard Brexit—which, I remind the House, is not the view of the population of Northern Ireland, a majority of whom voted to stay in the Union.

It is unfortunate that, in these episodic times, as a result of the last general election our Government are somewhat hamstrung by being dependent on the vote of the DUP, most of whose members—but not most of their electorate—are hard Brexiteers. At this very difficult time, the one thing I would advise the Government to do is to resolve the problem of not having reached agreements on Ireland. Also, given the very limited time to reach a settlement on the trade arrangements, they should ask the EU 27 for more time. It difficult to ask for more time on the leaving date, but not impossible. It is easier for us to ask the EU to agree to a lengthier transition period, which, in reality, is not a transition period but negotiating time to establish all the details of our future trade and security arrangements. It will not be easy to do that, but I would advise the Prime Minister—who I understand is today flying to various capitals and sending her Cabinet Ministers around— that, rather than trying to divide the EU, they should be uniting it. They should get it to agree that we need more time to resolve what is an existential crisis for Europe as a whole, and to deal with the terrible possibility of no deal between ourselves and the European Union.