(6 years, 3 months ago)
Lords ChamberMy Lords, will my noble friend take back to his department and to the Prime Minister the clear strength of feeling across this House—and the sense of urgency, given that we face Dissolution tomorrow—that the report should be published? Indeed, as far as the House has been informed, there is an urgency to this matter. The report does not require consideration; all it requires is publication. Everything else has been arranged.
Understandably, the committee has access to highly sensitive information that allows it to carry out its oversight duties. The reports it produces often contain information that, were it to be released, might damage the ability of those the ISC oversees to discharge their functions. That is why the governing Act allows for a period of time for the Prime Minister to consider the report carefully. That is what is happening at the moment.
(6 years, 5 months ago)
Lords Chamber
Baroness Noakes
I thank my noble friend for that. I say to the noble Lord that this amendment is about the Motion before us and about describing the Motion correctly. It is not debating the Bill. I look forward to debating the Bill as and when it arrives in this House if we have time, but this is about correctly describing the Motion and being honest about what it is really about.
One of the very worst bits about the Bill that this is designed to enable, as the noble Baroness the Leader of the Opposition has made clear, is that it would hand the timing of our exit entirely to the EU. I agree that we are not debating the Bill today.
I am most grateful to my noble friend for giving way. It really seems that this is an attempt to make us unable to carry out our duty, which is to scrutinise and, if necessary, revise or pass legislation passed in the other place and that it wishes us to carry through. Is my noble friend saying that she does not wish this legislation to be taken by this House, because obviously we are facing the Prorogation timetable? If my noble friend wishes the Bill to come to us and be debated, this Motion offers the opportunity for that to happen.
Baroness Noakes
I am well aware of where my noble friend is coming from. I just say that we have no objection to the Bill coming here, as we never have to Bills that come from the other place, provided that they come in the ordinary course. We are objecting to the Motion in the name of the noble Baroness, Lady Smith of Basildon.
Baroness Noakes
My Lords, we have never actually said that we should not debate the Bill. We have said that we are very happy to debate the Bill in the ordinary way. Our objection, and all the amendments to which the noble Lord referred, are about the business Motion before us, because of its seriously deleterious nature compared with the way in which this House does its normal business. The Motion is designed only to accomplish that Bill.
I thank my noble friend for giving way, but the Leader of the Opposition, who moved the Motion, has already said that if the Government are willing to take the Bill in the normal way, she will abandon her Motion. This seems to me to be some kind of government filibuster to prevent us debating the Bill.
Baroness Noakes
My Lords, I am not part of the Government; like my noble friend, I am a mere Back-Bencher. This is not a government Motion at all. Unless and until there is an agreement between the Front Benches, the existing rules will apply. The noble Baroness, Lady Smith, is trying to overrule the normal rules with her Motion, which is why we oppose it. We do not oppose the Bill; we oppose the Motion and, therefore, the way in which the procedures of our House are being subverted—not just in this instance, although we know that the motive for moving such a Motion is to achieve this particular Bill, but because it could do this House long-term harm. That is what I care about and what I know many of my colleagues care about.
(6 years, 6 months ago)
Lords ChamberAmendment 2 is in the name of my noble friend Lord Cormack, for whom I have enormous affection and respect. This Bill, on the restoration and renewal of Parliament, is hugely important; we all know that this project must be pursued. However, I would like to give an alternative perspective.
The memorial that is the subject of this amendment is not, as far as I envisage it, about war. Suggesting that it might be more appropriately sited in the Imperial War Museum suggests that it is about something other than what I believe it is intended for. The memorial is about democracy and the horrible consequences of the disintegration of democratic values. The site for this memorial was specifically chosen for its historical, emotional and political significance and is a reminder of the government-approved murders of millions of innocent citizens. It will symbolise our country’s commitment to remembering the men, women and children, whether they were Roma, gays, disabled people or Jews, who were murdered just because of who they were, not for anything they had done wrong.
Can the noble Baroness explain how, while democracy has spread across Europe since the Second World War, and Holocaust memorials, hundreds of them, have gone up in Europe and America, anti-Semitism and extremism are on the rise? They are not achieving their purpose. It is a worthy gesture but it needs much more thought.
I understand the noble Baroness’s concerns, but I do not think there is a causal connection between memorials sited in other places and the aims of this particular memorial, and what it is intended to symbolise. The trend towards Holocaust denial, revisionism and the rise of anti-Semitism and intolerance, even permeating, it seems, mainstream political discourse in this country and elsewhere, is a frightening reminder of the very reason why the memorial should be built precisely where it is currently planned. As we have heard in your Lordships’ House today, the memorial has many opponents and I understand the concerns raised, but I urge noble Lords to consider the fundamentally important reasons for it to be sited next to our Parliament.
Would the noble Baroness and other noble Lords accept that this is not fundamentally a debate about the desirability or the location of this? I genuinely recognise all the passions that people feel, but this amendment is about the extent to which the shadow sponsor body should act to engage with the planning authority.
I understand the point being made, but I think it is important that alternative views are expressed, having heard so many noble Lords who have put their perspective very powerfully. Of course, the noble Baroness is right—
I strongly encourage the noble Baroness to continue with her remarks, because the objections of the noble Lord, Lord Cormack, to this location ranged far wider than the text of the amendment, which says that the sponsor body should have regard to whether the works,
“may impede the Parliamentary building works”.
The noble Lord’s objections about security and desirability, and the other objections raised, ranged far wider. I think it is completely inappropriate that this amendment should be the means of deciding where the Holocaust memorial goes.
I strongly endorse the remarks of the noble Lord, Lord Adonis, and respectfully request that I put some alternative views to the House. I take the noble Baroness’s point that this is about the renovation and restoration of this Parliament, but this amendment having been put down, I think it is important that the House hears a range of views. Otherwise, an amendment of this nature, which would undermine the important purpose that is intended for a site right next to our Parliament, may pass automatically.
As my noble friend Lord Polak said, the project would take up just 7.5% of Victoria Tower Gardens, and it is intended to offer substantial improvements to the gardens. It will link the existing memorials to historic battles against injustice, and the Buxton memorial to the abolition of slavery will be preserved. The project provides for new pathways and playgrounds and has carefully looked at protecting the trees in the gardens.
I am hugely grateful to the Government and my party for approving the construction of this memorial, and that it will be situated in such a powerfully symbolic location. I hope that the concerns of noble Lords, which have been carefully and respectfully expressed, can be overcome with further discussions about the plans already in place and the careful consideration of the design, which is intended to avoid disruption. Disruption is inevitable whenever restoration is carried out, as will be the case with the restoration of Parliament, or, if one is building a Holocaust memorial and museum on any other site. However, I understand also the concerns of local residents, and that there are strong reservations.
I urge noble Lords to consider whether this particular amendment to this particular Bill is addressing the correct issue at the correct time, and whether we should have a broader consideration of the merits of the Holocaust memorial as it is currently proposed.
My Lords, it is a pleasure to follow my noble friend. The noble Baroness opposite will like this, because I want to speak to the amendment itself.
Among the traditions and conventions of this House is a long-standing one that we do not impose retrospective legislation, and I know that my noble friend Lord Cormack has not attempted to do so. The result of that is that the existing planning application, which went in earlier this year, would not be affected by this amendment. Therefore, it matters not whether my noble friend wants to press it to a vote or wait until after the summer holidays, when the decision may well have been made, because this will not affect the decision regarding the location of the memorial learning centre one jot or iota.
The noble Lord, Lord Adonis, wanted an explanation of where we are. A planning application has been submitted to Westminster City Council, which is going about this in a diligent and thorough way. It has some experience, because most of the larger developments that government wants are within this area, so there is probably not a city council within the country better placed to do this. We could well have taken the decision to place this memorial and learning centre by a resolution of the House, overturning the planning of Westminster City Council. However, I have a soft spot and a lot of respect for local government. The noble Baroness, Lady Deech, read out the National Planning Policy Framework; I like that, because I helped to write the section that she read out. It is important that, whether you are the Prime Minister, the Queen or some massively important person in the City, you are still subject to town and country planning. I found the experience of working alongside Westminster City Council useful, and I anticipate that we are likely to get a decision in early September.
My noble friend is the epitome of civilisation and reasonableness; absolutely nobody would feel that he was anti-Semitic. I did feel a number of times that my noble friend was carefully carving a paper tiger in order that it be destroyed, but let me be clear: you can object to this location without being anti-Semitic in any way. My noble friend spoiled it a little when he said that he wanted to preserve all the grass, the dicky birds and flowers but then said that actually, it would be quite a good place for us to build a temporary Chamber over the top. I suppose that the flowers and the dicky birds could then go take a hike.
This site was announced in January 2016. I know that the announcement was made in secret—it was made by the Prime Minister on the Floor of the House of Commons, so one would not necessarily expect everyone to know about it, but I would expect Members of this House to know. Not only was the site announced; we then announced an international competition, and all the top architects in the world put in a bid. We had an exhibition in Westminster Hall, which Members of this House could have looked at; they could even have submitted a card saying whether they liked the design. It was then selected by a jury, which included the Chief Rabbi and Holocaust survivors. Two international architects with experience in Holocaust architecture were selected.
I understand that my honourable friend Lord Forsyth, who is no longer in his place—no doubt he is a busy man—said that he does not like the design. Fair enough: not everybody likes it, but it won an international competition. It has been selected to appear at the international design centre. It is regarded as a thoroughly intelligent piece of work.
(6 years, 10 months ago)
Lords ChamberNoble Lords may know but they need to be reminded and the world outside needs to understand. The last proposition was that in relation to this Bill, shoved through the House of Commons late at night, which a former Leader of the House has just risen to tell us has flaws which need to be examined and addressed in Committee, we should be prepared not to set aside the Standing Orders but to look at its different stages on different days. Perhaps we could take the Second Reading today and take the remaining stages on another day. Is that such an unexceptionable proposition? Is that not what your Lordships are here for? I repeat the question I put earlier: why do your Lordships come here, if not to scrutinise? What is the purpose of the House if not to scrutinise properly?
I thank my noble friend for giving way. I just make the point that this House has been asked by the other place to consider a Bill that it would like to pass. We are debating issues here that could have been debated on so many other occasions. We have been passing statutory instruments for no deal without impact assessments and without proper consultation. We have overridden, when it has been convenient for those who perhaps want to leave with no deal, but this is about stopping us crashing out with no deal and giving the Prime Minister the support she may need to stand firm and go back to the European Union to ask for a longer extension so that we do not crash out with no deal.
My noble friend is entirely wrong. That is not the point before the House in this Motion. Indeed, the procedure I have suggested would still allow the Bill to be passed. However, since when has it been the function of this House to say “Yes, sir” to any piece of legislation suddenly rushed down the Corridor? That is the proposition being put to us by my noble friend Lady Altmann: “The House of Commons has asked us to pass this, so we must be pass it. Get on with it”. Every time someone comes to this House bearing papers with a green ribbon on them, they are asking us to agree. Of course they want us to agree and they would probably prefer us to do so quickly, but we do not have to. That is called freedom and it is called scrutiny. It is also called consideration, but none of that is allowed for in the procedures that have been put before us today. The Bill comes with no Explanatory Notes and not even a name on it, as the noble Lord, Lord Rooker, admitted, yet we are being asked to pass it in a hurry or we are behaving badly. The day when the House of Lords is behaving badly because it is giving proper due consideration to a proposed Act of Parliament in the time that is sufficient and necessary for it to do so, as the noble Baroness asks in her amendment, is the beginning of the end for the House of Lords. That will be when the House of Lords says, “Yes, sir, we all want to go home”. I am sorry, but we need to be mindful of the importance of proper procedures.
I do not care for tweeting but I know that the noble Baroness, Lady Hayter, is a great tweeter. I was sleepless last night, thinking about what I might say today, so I had a look at what she had been tweeting. Your Lordships will be interested to know that on 24 February—you can look it up—she sent out a tweet complaining that the Government might want to get the withdrawal Act through in 10 days. She tweeted that the House of Lords does not have programme Motions; the House of Lords needs time to consider things. That was on 24 February.
It ought to be 1 April today—it is 4 April—because the noble Baroness has come forward with a programme Motion in which she says that the House of Lords cannot have more than one day to consider this matter. I do not eat Devonshire clotted cream, but I find the noble Baroness’s position as rich as that.
While I am talking about the noble Baroness, I feel I must say how discourteous it was to the House to table this Motion so late. We heard from the putative Prime Minister, Sir Oliver Letwin, yesterday morning that he had been discussing matters with his friends down the Corridor—who are here in person—so why could she not have tabled this Motion before that? She tabled it before the Bill had arrived from the House of Commons and knew what was there. She could have given better notice to the House but failed to do so. She tried to bounce the House at the very last minute and then came up with this trumpery that something has to be passed quickly when the Prime Minister has already said that she will do what the Bill asks her to do.
What nonsense is this? Why are noble Lords going along with this nonsense and being prepared to set aside their Standing Orders?
(6 years, 11 months ago)
Lords ChamberAll I can say to the noble Viscount is that since the last Statement the Prime Minister has spoken to leaders of every member state. At the summit over the weekend she had further discussions with President Tusk, Chancellor Merkel, Prime Minister Rutte, President Juncker, Prime Minister Conte and the Taoiseach. Conversations are going well. The EU wants a deal, like we do, so there is a willingness to work together. That is what we are doing. That is why work is intensifying and why the Secretary of State for Exiting the EU, the Attorney-General and the Prime Minister have all being making regular trips to Brussels to make sure that we can get this deal over the line.
My Lords, this House and the other place have made it clear that they do not support leaving the EU without a deal. Business is crying out for some kind of certainty. We are now saying that we will not take no deal off the table and are just moving the deadline from the end of March to the end of June. That does not take no deal off the table, give reassurance to business or respect the will of Parliament. I implore my noble friend to consider the position this country is in and that the risk to people’s jobs and livelihoods is really serious. By limiting the extension to a very short period, we will not give ourselves the best chance of negotiating that good deal and relationship that we want and need to achieve.
We are extremely clear about the seriousness of the situation, which is why we are continuing to work for a deal that can be passed in a vote on 12 March. The Statement sets out a very clear set of steps that will happen after that in order that the voice of the House of Commons can be heard if we do not win the vote on 12 March, but we are committed to trying to do that, and that is what we are all focused on.
(7 years, 7 months ago)
Lords ChamberNo, the Prime Minister has reiterated, as have our European partners, that we are looking to secure agreement in October. That is what we are working towards. We will accelerate progress, we will be publishing our White Paper next week and we are confident that we all want to achieve the same thing and that that is still the aim.
My Lords, I think the whole House will echo the words of my noble friend the Leader of the House in terms of our commitment to protect the Northern Ireland border. In that context, will my noble friend impress on her colleagues in Cabinet and also explain to the House the importance of dropping the threat of no deal—because it is absolutely impossible to respect the Northern Ireland border commitments if there is no deal. Indeed, the red lines we have in terms of the customs union and single market are incompatible with the red line of protecting Northern Ireland under any kind of no-deal scenario. So this is not like a normal negotiation; it is a negotiation from which, if we walk away with no deal, we will walk away without our way of life as we know it. I urge my noble friend to impress on her colleagues the importance of the Northern Ireland situation.
I can certainly reassure my noble friend that we are extremely mindful, and the Prime Minister is absolutely mindful, of the importance of this issue. We are committed to avoiding a hard border between Northern Ireland and the Republic, as we are to maintaining the integrity of the United Kingdom. We believe that these commitments can be fulfilled through our overall future partnership, but we have also set out that there may need to be a backstop solution for the border which ensures that we do not have a hard border and protects our constitutional integrity. We have set out our proposals for that, the EU has set out its proposals, which are not acceptable, and we will continue to discuss these over the coming weeks.
(8 years ago)
Lords ChamberIt is a pleasure to follow the noble Lord, Lord Sharkey, and so many other colleagues across the House in this monumentally important debate. I have always been proud to be British and believe the UK’s amazing achievements have been magnified by being a gateway to the rest of Europe. Free markets across the Channel and our integrated industrial operations have enhanced our performance on the global stage. One-fifth of the UK supply chain is located inside the EU. I firmly believe our multicultural diversity has made Britain a vibrant beacon of tolerance, decency and mutual respect, harnessing home-grown and overseas expertise to the benefit of ourselves and the wider world. We must not throw this away.
Churchill spoke in his 1951 speech of the disadvantages and even dangers to us in standing aloof. He understood the perils of obsession with national sovereignty. It is a troubling sign of our times that anyone suggesting amending this Bill may be accused of wanting to frustrate the will of the people. That is nonsense. Parliament has respected the result of the referendum. It has triggered Article 50—albeit perhaps before we were ready—and is now trying to negotiate a good outcome for the whole United Kingdom from a new UK-EU relationship.
This Bill is supposed to be about providing certainty for the future and, most particularly, about our constitutional arrangements and legal framework after we transfer all EU-derived law into UK law as a result of Parliament’s respect for the 2016 referendum vote to leave the EU.
Some key issues of concern with the Bill have already been brilliantly exposed by previous speakers. It is our duty to scrutinise the legislation before us, which raises fundamental issues that go to the heart of our constitutional framework and parliamentary sovereignty. I do hope that my noble friend will listen carefully and relay these concerns back to his department, so that they can be addressed in government amendments.
First, on the Henry VIII powers, this House cannot rubber stamp giving authority to the Executive that would normally be the role of Parliament as a whole. The amendments to Clause 7 introduced in the other place are insufficient to prevent parliamentary democracy being subverted by Ministers. As my noble friend Lord Balfe rightly said, how would we on these Benches—or indeed many on the Benches opposite—feel about handing such sweeping powers to Jeremy Corbyn? We must not allow the Bill to water down hard-won rights, for women, workers, the disabled and minorities that people in this country have relied on.
I share the concerns expressed by so many noble Lords about Northern Ireland. The Government have promised a frictionless border, but have not actually come up with concrete proposals on how this will work. Paragraph 49 of the 8 December agreement promises regulatory alignment if no other way of protecting existing border freedoms can be found. That must mean staying in the customs union, single market and the EEA, with EFTA-style arrangements. There is no other way. Yet the Government, apart perhaps from my right honourable friend the Chancellor, have tried to skirt over such fundamental issues with soundbites.
Ideological fixations or fantasies must not undermine the Good Friday agreement that has brought peace to Northern Ireland. The British people did not vote to break up the United Kingdom. In the words of Abraham Lincoln:
“You cannot escape the responsibility of tomorrow by evading it today”.
That brings me to one of the Bill’s most serious flaws. Parliament, not Ministers, must have a meaningful vote on the terms of our withdrawal. The Government have offered a vote on a potentially very damaging deal, and the potentially even more damaging no deal. That is a meaningless, not meaningful vote. Why is it so important? Because we need to respect the will of the people. This is not about undermining our democracy; it is about upholding it.
Many noble Lords have insisted that democracy requires that the 2016 vote is sacrosanct. They say that this is the will of the British people. They insist that those who voted to leave knew what they were voting for. Indeed they did. They voted to be better off; to have the exact same benefits as we have in the EU single market and customs union; for an extra £350 million a week that could go to the NHS; for easily agreed new free trade deals; for no change to the Northern Ireland border—and for having our cake and eating it. I could go on, but which of these elements promoted to the British people by the Leave campaign is being achieved? So far, it seems, not one.
If these promises cannot be delivered, what should a democracy do? Triggering Article 50 has respected the democratic vote of 2016. But we are now in 2018 and things may have changed. Democracy does not happen at only one moment in time. This is about the ordinary people of this country who are trusting us to look after their future. The Bill needs to allow flexibility to cater for alternative scenarios that reflect new realities.
That brings me, finally, to the Bill’s provisions for a so-called transition or implementation period. How has Parliament allowed itself to be enticed into this trap? We keep hearing about wanting to “take back control”. I say to noble Lords on all sides of the House who are sanguine about the direction of travel so far: please, open your eyes. Transition is the opposite of taking back control. It is about losing control. Once we are in a transition, we are trapped, with no way back. Our only ammunition may be a suicide bomb. We have surrendered our future and entered the unknown.
If what the British people were promised turns out to be fantasy—nearly one year on from triggering Article 50, we are still unsure what lies ahead—we cannot rely on meaningless slogans such as “Brexit means Brexit”, and referring to “deep and special” partnerships. We cannot hand the Executive a form with plenty of headings and no detail, and just leave them to fill in the blanks. We must have a better idea of where we are heading. Without a realistic vision of the future we want—one that is achievable—we must not continue on the current path without any alternatives. Perhaps an extension, as suggested by my honourable friend Mr Rees-Mogg, would be more honest, rather than a transition with no say over the rules. There are signs that the EU might agree to this. My honourable friend has also pointed out that entering such a transition would be the first time since 1066 that our laws could be made without our having a say. Does that not mean that Europe has not been a dictatorship? We have had, and still have, the freedom to make our own rules and laws inside the EU.
The necessary changes to the Bill need to be passed. That is not about undermining the will of the people; it is about upholding democracy.