European Union (Withdrawal Agreement) Bill

Viscount Waverley Excerpts

2nd reading & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard)
Monday 13th January 2020 Lords Chamber

[Viscount Waverley (CB)]

My Lords, this debate has been conducted predictably, with political and ideological arguments articulated by each political faction. The people have spoken twice. The UK will not be moving on from Brexit but will move forward. Many of the existential issues that have driven this period of prolonged introversion that has hampered the UK’s international reputation have now been laid to rest. Translating a simple leave/remain referendum into a concrete plan to extricate one of the world’s largest economies from the world’s largest economic bloc was always going to be a tortuous affair. However, we cannot be dismissive of 45 years’ shared partnership. We need the EU 27 by our side, particularly as and when they improve their lot, which may come more quickly as a result of the Brexit process.

The time is shortly upon us to weigh anchor. What, however, will this new era mean for Britain’s place in the world and British politics? Will this moment prove to be the cathartic release that voters hoped for, with Britain finally able to move forward? Talk about the need for mid-year transition extension talks concerns me, as they could become a red line. Any speculation about having no deal back on the table would not be helpful. Moving on, has the Irish border issue been fully managed? Will the City of London potentially find its access to EU markets undermined? There are also questions relating to our courts, together with matters of social consequences.

Our bête noire of interference over democratic scrutiny, with the threats that any form of amending becomes a constitutional crisis, is in itself unconstitutional, notwithstanding the powerful argument to get the job done. I fear that there will be need for flexibility when this Bill passes, with elements of repenting at leisure needing to be carefully managed. Nevertheless, government strategists have done well to have gotten this agreement to the line. However, the Government should recognise that the United Kingdom’s future for generations to come is at stake.

Leaving under this agreement is the best of the various scenarios, offering the strongest guarantees, for example, of future rights for UK and EU citizens. The opening of the toll bridge will be being readied, with a symbolic tolling of 16 bells to ring out on 31 January—eight for the old and eight for the passing to the new era, albeit into a precarious world of untested relationships. Trade agreements, around which much of Brexit is centred, will need to be translated amid politics and policy on trade. These are likely to collide in the years to come. These are the most consequential stages for business and the UK’s global trade relations. Enough uncertainty remains that it could still hamper business and investment decisions.

But innovation can come to the fore. I will take two examples; one is preferential access via the mechanism of GSP+. Government might wish to consider a UK system as we, as an independent country, would be enabled to widen this scheme to developing countries in the Commonwealth which might currently not be covered. Additionally, businesses should be encouraged to ride tandem with aid programmes, which would bring four-fold benefits—increased trade; a decrease in aid budgets; compliance with delivering on corporate social responsibility; and sending a message to Commonwealth countries that we are back—in a package of real consequence.

Conducive policies, initiatives and incentives will prevail; indeed they must. Change and innovation presents opportunity and will allow us to stand tall. The United Kingdom’s strength is its diversity; this alone will enable us to advance on the world stage with confidence. It should not detract, however, from the need for government to address the many fundamental challenges of uniting the country after this divisive experience and to tackle the many internal divisions and social discords that have been allowed to accumulate. Looking externally will help to heal those ails. The challenge is to square this circle of balancing those with an insular outlook on one hand and, while firmly upholding our standards, being truly internationalist in temperament on the other.

Brexit: Preparations

Viscount Waverley Excerpts

Monday 21st October 2019 Lords Chamber

[Lord Callanan]

My noble and learned friend Lord Keen in not in his place, but he would be telling me that I am unable to comment on legal advice that the Government are given, but it certainly follows a range of advice from officials and government.

[Viscount Waverley (CB)]

My Lords, really detailed scrutiny is needed to take account of the long-term consequences, in whatever form they take, for decades to come.

[Lord Callanan]

The long-term consequences will flow partly from the withdrawal agreement but also from the political declaration and the future arrangements. We have committed to involving Parliament fully in the detailed negotiating mandates for the future arrangements. I am sure there will be lots of happy hours for all of us, endlessly discussing these matters for a long time to come.

Brexit: Customs Controls at Holyhead

Viscount Waverley Excerpts

Thursday 17th October 2019 Lords Chamber

[Lord Callanan]

We want all MPs, whether from Wales or from Northern Ireland, to back the deal because we think that it is a good deal for the United Kingdom. We should pay credit to the Prime Minister, who has done what all the opposition parties said was impossible. They said that it was impossible to reopen the agreement, but we have done that and concluded a new deal. Yet again, he has proved the gloomsters wrong.

[Viscount Waverley (CB)]

My Lords, does the Minister wish to pay tribute also to Mrs May for the work that she did to bring us to this point—albeit that Prime Minister Johnson has taken us to the final hurdle?

[Lord Callanan]

Yes, of course. I loyally served in her Government. As Prime Minister she put a great deal of work into getting the original withdrawal agreement. Of course, there is a new backstop now—but, substantively, most of the rest of the withdrawal agreement is as previously negotiated.

Queen’s Speech

Viscount Waverley Excerpts

Wednesday 16th October 2019 Lords Chamber

[Viscount Waverley (CB)]

My Lords, given the hour, I shall be brief. No matter the outcome of the negotiations, which we await with keen anticipation, the complexity of political hoops still needs to be overcome. I hope that shortly we can move on, but it must be right to do so only when the time is right.

The UK is embarking into uncharted waters. Britain’s institutions have been, and will continue to be, tested to the limit. Regardless of the outcome, a new approach to the implementation of our foreign policy output is paramount. My attending the Speakers of Eurasian Countries’ Parliaments conference on Greater Eurasia in Kazakhstan last week, made up of 41 countries, was testament to that, given that I was the only person from the UK in attendance. That is wrong. Engagement is everything.

Our withdrawal from an interconnected world now demands to be reversed by a strategy of constant engagement. The role of parliaments must increase. I will encourage mechanisms in this new Session to enable more outward-looking mechanisms to assist us in embracing, defending or challenging our persona around the world. We have reconciled ourselves to the fact that Britain now needs to recalibrate its approach to one that fully accounts for a world of new realities if we are to neutralise the economic impact of Brexit.

However, let us gather fortitude in the knowledge that when the going gets tough, we need to, and can, get going. We will make a success of this. Decades will pass before the true results can be fully gauged. It is, after all, the gift of Governments of the day to tailor policy to suit the occasion.

Trade deals will have to be forged at breakneck speed, but not at the risk of cutting corners and forgetting what we stand for as a nation. I identify with the positive nature of the Minister’s opening remarks on trade but would counsel on the creation of partnership that it should be not just with Commonwealth members, for example, to which he referred, but internally in this country, recognising that the role of government is to create the environment in which our private sector-driven economy can thrive. Much more of a working relationship should be worked on between the public and private sectors in this country. I will press for the release of the trade commissioners’ assessments of the opportunities within their regions, together with their plans. I have attempted to do this on multiple occasions, with no success, but I really would encourage a degree of transparency—working together as a team with our civil servants to get this right in the national interest.

The concern is that the rules-based order as we know it is under threat in certain quarters. Threats to the nation’s security are no longer the sole domain of state players. Increased connectivity has exposed the vulnerabilities of critical national infrastructure. It should be remembered that, just a short while ago, China, France, the United States, Russia and the United Kingdom forged a programme.

In the years ahead, Britain has an important global role to play, with our influence being enhanced by the necessity of politics not just of confrontation but of constructive engagement. Our time will shortly be upon us, but we could do well to reflect also that a new set of nations are on the climb and that to be a global player in this interconnected world is to listen and to strive for positive engagement.

Brexit: Preparations

Viscount Waverley Excerpts

Tuesday 8th October 2019 Lords Chamber

[Lord Callanan]

Of course we will always want to act in compliance with WTO rules, but the noble Lord will be well aware of the EU public procurement directives, which offer a very rigid and inflexible approach to public procurement. It is one of the many opportunities that we will be able to indulge in with smarter regulation but, of course, any proposals will be fully discussed in this House and the other place.

[Viscount Waverley (CB)]

My Lords, this has been a tortuous process, but there will come a point when we will need to rally around the flag. Does the Minister agree that the time will come to keep politics out of this process and that we will start accepting the practical reality of no deal and the subsequent consequences? As things stand, what shortcomings still require urgent attention, or are the Government satisfied with the level of preparedness as set out in Operation Yellowhammer?

[Lord Callanan]

The noble Viscount makes a good point. I am reminded of the famous quote that an independent is a guy who wants to take the politics out of politics. I am not sure that we will ever take the politics out of an issue such as this. Operation Yellowhammer is mentioned in the report. It comprises the reasonable worst-case planning assumptions that we are operating under. It is put forward by the Cabinet Office Civil Contingencies Secretariat, which operates under a strict set of guidelines. We are attempting to mitigate the effects against those guidelines.

Brexit

Viscount Waverley Excerpts

Wednesday 2nd October 2019 Lords Chamber

[Viscount Waverley (CB)]

My Lords, we cannot be dismissive of 45 years’ shared partnership. There is much to reflect on and respect. We need the EU 27 by our side. It has been a long haul and our country deserves a long bout of optimism. We are apparently in the Brexit home straight. It could all have been so different. I believe that the EU journey should have been managed differently by the UK from day one. The lack of appropriate messaging and misplaced actions from the start have created the situation in which we find ourselves.

The UK has devoted too much of its thinking to single-focused economic priorities, rather than balancing them with the plethora of the important, unrelated advantages of EU membership. There is an adage in life: “You get out what you put in”. We have not been an easy bedfellow, but I accept that respect, as well as genuine sadness, is felt in the high echelons of the Commission and around the Union regarding our departure.

Everything that could have been said has been said in one form or another since the triggering of Article 50, yet a mountain of issues remain and are being taken to the wire, both in negotiations with the Commission and internally in the UK. Only high politics will sort this out, and that is not my bag. However, I ask the Minister: how can his Government be sure of their numbers on large-scale investments announced at the current Conservative Party conference yet feel able to set out a legislative programme in the Queen’s Speech on 14 October when no one, including the Government, knows the lie of the land on 31 October, Brexit day?

Frankly, I never thought Brexit would happen as I felt that our systems were too entwined, so in that regard I have some sympathy with the no-nonsense approach. It will, however, be a huge relief when this tortuous period is brought to an appropriate non-cata- clysmic closure. I understand that proposals regarding the political declaration are also being put forward today.

Whereas we should now have been at the stage of crossing the “t”s and dotting the “i”s in the negotiations, we are now driven to populist rhetoric saying that we are fed up and should just get the job done with scant regard to the consequences or, on the other hand, pragmatists counselling delay to get this right. History will judge whether all this will have been a triumph for democracy, but “unedifying” encapsulates this endgame process.

Last week I participated in the Greater Eurasian parliamentary speakers conference, made up of speakers and parliamentarians from 41 countries, which took place in Kazakhstan with the theme of trust, partnership and dialogue. Reaction to the Brexit process was one of bemusement, bewilderment and incredulity. To top it off, possibly in the manner of things to come, when I re-entered the European Union at Frankfurt the German immigration officer asked what the purpose was of my entering the EU. I trust your Lordships will have found favour with my response.

It will take decades for the true long-term effects of departure from the EU to be felt. The saving grace is that it is the gift of the Government of the day, year on year, to tailor policy to suit the circumstances of the day. We can take solace that it is the catering to those circumstances that hopefully will come to the fore. I am therefore reconciled to “Que sera, sera” and resigned to reality. What we must all do now is rally around the flag, react to the consequences and work to create opportunities in the best interests of the kingdom. I will do my bit in any small way I am able.

However, I believe that we have an opportunity to move on from ways of old. We have a chance not only to modernise but to instil a rhythm of inclusiveness and moderation in a newly-branded UK. The winning ticket will be to bind our country together with ethnic, cultural and religious tolerance, and with this harmony will come all manner of success as we chart a future globally, humble but effective in our approach. To that end, I think Brexit could, perversely, be a catalyst to preserve the sanctity of the United Kingdom. I hope not to be proven wide of the mark when I suggest that our Scottish cousins will reflect on the political and economic complexities of separation. We are all in this together and we need each other.

The Minister commented on the question of citizens. I would feel uncomfortable if I did not conclude on a note close to home that could affect Portuguese living in the UK and British citizens in Portugal. Many EU countries, and in my case Portugal, have made provision for UK citizens properly registered to remain in the event of a no-deal circumstance. The existence of such legislation is certainly good news for Britons living in Portugal, and the Portuguese Government and parliament should be given credit and thanked for that law. However, a big “but” emerges. While Portuguese law 27-A/2019 is described in the official bulletin as approving contingency measures to be applied in the event of a no-deal exit, article 19 addresses the issue of reciprocity. The law refers to “equivalent treatment”. Is the Minister satisfied, and will he confirm today, that all the elements of the EU citizens’ rights package have been fully incorporated into a robust government policy with the necessary legislation in place, including the settlement scheme? Are all the immigration rules and other secondary instruments to this end legally in place? The Government of Portugal’s António Costa and Governments around the continent would welcome an unequivocal assurance from the United Kingdom Government given concern about the UK protecting the rights of EU citizens living here.

Will the Minister accept that anxiety prevails? To put this situation into context, extraordinary though it is, today there are 154 passenger flights leaving and departing between the UK and Portugal. There will be an almighty fuss if HMG do not grapple with this situation. Will the Minister state exactly what the situation is? What he has to say will be reflected on carefully by EU member states. If he feels unable to do that, will he confirm his intention to write in a timely manner, addressing the issues that I have raised in detail, and to place a copy of his response in the Library, ideally before the Queen’s Speech?

Brexit: Appointment of Joint Committee

Viscount Waverley Excerpts

Wednesday 3rd July 2019 Lords Chamber

[Viscount Waverley (CB)]

My Lords, I beg the indulgence of the House for a minute. A blindfolded march to the cliff edge is unpatriotic, irresponsible and would for ever levy the charge of our not having carried out our duty. The staunchest of proponents, on whichever side of the argument they lie, could surely not deny that our responsibility is to deliver open-eyed knowledge. It is beholden on us as parliamentarians to do our duty beholden to the only governing force, that of the just cause of patriotism and pragmatism. We in this Parliament must be in pursuance of the blindingly obvious, or pack our bags, go home or redefine a Brussels relationship. I end with just one question. Should a committee determine by the end of September that no deal is a non-starter, what mechanism will exist in Parliament to reverse the default position of leaving without a deal by the 31 October deadline—or is the possible proroguing of Parliament, as we are led to believe, an increasing reality?

EU: Law-making Process

Viscount Waverley Excerpts

Monday 1st July 2019 Lords Chamber

[Viscount Waverley (CB)]

My Lords, is the practical reality not that this Question comes a little late in the day—in fact, 40 years too late—and that if we had had a better understanding of all these issues at the start we would not be in the pickle we are in now?

[Lord Callanan]

There may be some truth in that, but if I had any criticisms of the EU system—and I have a lot of them—I might suggest that the unnecessary complexity would be one of the reasons why people voted to leave.

Brexit: Gibraltar

Viscount Waverley Excerpts

Monday 29th April 2019 Lords Chamber

[Lord Callanan]

It has not been my responsibility and I do not have an exact figure, but I would certainly be happy to write to the noble Lord about it. We raise each and every incursion with the Spanish authorities and protest about them.

[Viscount Waverley (CB)]

My Lords, recognising that three borders are under negotiation, what can the Minister suggest? There is Gibraltar, Northern Ireland and Anguilla, whose issues are rarely brought to the attention of the Government.

[Lord Callanan]

All the overseas territories and British dependencies have been closely involved in the negotiations; we have regular meetings to consult them about the process of EU withdrawal.

European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) Regulations 2019

Viscount Waverley Excerpts

Wednesday 27th March 2019 Lords Chamber

[Lord Hamilton of Epsom]

Yes, he has been honest enough to say that. But who are we, as an appointed House, to tell the British people that they got the referendum result completely wrong and that it should be reversed? We have had this argument so often before. Where does it leave Parliament if Parliament cannot deliver on a referendum? A referendum is a delegation by Parliament to the people to make a decision. If Parliament does not carry out the decision, where does it leave us? It is a disturbing issue, and not one that all these remainers, particularly in your Lordships’ House, are really prepared to address. But what happens if we end up back in the EU, which the people have told us we should be leaving? People do not like to think about this very much, but it has enormous ramifications for democracy in this country.

We are now in a very difficult position, seeing endless extensions of the date on which we might leave. I am very sad that 29 March has now gone out of the window. Many of my friends who think, like I do, that it is critical that we get out, will be mindful of the powers given to the Prime Minister under the EU withdrawal Act so that she can at any time go back to Europe to ask for extensions, presumably for years if necessary. We have to think about that very closely before we decide how we will vote on the absolutely dreadful agreement that she has reached with the EU. It may be the least bad of all the bad options in front of us.

[Viscount Waverley (CB)]

For the record, the noble Lord may not be aware of breaking news. The Prime Minister has agreed to resign before the next phase of Brexit, in reality—I was going to say appropriately—because she will not stand in the way of a desire for a new approach in a bid to get Tories’ deal through.