Brexit: Negotiations

Baroness Anelay of St Johns Excerpts

Thursday 7th September 2017 Grand Committee

[The Minister of State, Department for Exiting the European Union (Baroness Anelay of St Johns) (Con)]

My Lords, I add my congratulations to the noble Lord, Lord Dykes, for securing this debate. His exposition of the last year and why he regrets the decision of the British people dominated his speech, but that shows his passion. We understand that. What I want to do, as my respect to Parliament, is to base most of my remarks on the core issue of the Question on the Order Paper. But I will, in doing so, seek to cover many of the issues rightly raised today.

One of those, of course, was from the noble Lord, Lord Foulkes, who joined in the reminiscing of what might have been if there had not been the result in the referendum. He asked a question specifically about legislation. The Queen’s Speech gave an outline of that. Since then, we have been giving greater detail about which Bills are published, and they are now beginning to be debated not only in the House of Commons, but in this House. I waited for 13 years in opposition for the Labour Government to tell us what Bills were about to come: answer came there none. We have given more of an answer about how these Bills will develop. It is important—the noble Lord was not asking an improper question—because as we set out White Papers, as we have said we shall, on immigration and trade, those will be a core part of the discussion in this Parliament about how we proceed after we have left the European Union.

Therefore, Parliament will have a scrutiny role and there will be, I am sure, from my colleagues across departments opportunities to participate in meetings, as I shall do, not only when the withdrawal Bill reaches the House, but in advance. For example, next Tuesday I am having a drop-in meeting for all Peers, not only to hear a brief introduction from me about the Bill, but to be able to hear directly from the Bill team. I felt it was essential for this House to hear that shortly after the finalisation of Second Reading on Monday evening. That is really core to the way I like to operate and I shall continue to do so. I shall return to some of those very helpful comments made by my noble friend Lord Balfe later.

We have heard today the lively, informed, rightful interest in this House on the progress of the negotiations. We are reminded by many that the clock is ticking. It ticks for both sides. As it goes faster, it is faster for both sides. It is important for the European Union also to recognise that they need to be more “flexible and imaginative”. Those are words from the European Council, not made up by us. David Davis is simply reminding our colleagues across Europe what our joint enterprise is. We have always undertaken that we would wish to provide for the greatest possible transparency that is consistent with maintaining our ability to negotiate successfully. In that, we are guided by the Motion that was agreed by the House of Commons that the process should be undertaken in a way that does not undermine the negotiating position of the Government, but there is still much that we can do. We are doing that and we can learn from the debate today, and others, about how we can do more.

In looking at the issues today, I try to set out what we have done so far to report to Parliament, our plans to continue to update Parliament in the wake of future negotiating rounds, including, of course, our support for invaluable scrutiny by Select Committees. and our written publications. In reporting to Parliament, my right honourable friend the Secretary of State for Exiting the European Union has committed to update the House after each round of negotiations. Naturally, I will do so in this House, with the leave of the House, as I did earlier this week. Of course, as noble Lords have pointed out, the dates of the negotiation rounds do not always align well with parliamentary sittings. That is a matter for the House to determine but it is a matter of practical fact and I recognise the difficulties it can raise. Of course, it will occur again as the September round takes place, but we have sought to ensure that Parliament was kept properly informed over the summer. That is why the Secretary of State wrote to all colleagues to give details on the progress made during the second round of negotiations. Noble Lords can be assured that they will have an opportunity to scrutinise the Government on the next round of negotiations when we return in October.

Of course, Statements to Parliament are a powerful method of reporting. I appreciate that they are not the only method, although I note in parenthesis, thinking back to the question asked this morning by the noble Lord, Lord Hannay, that when we had the Statement on Tuesday, I was astonished that Back-Bench time was not taken up. There was time at least for two, if not three, further questions at the end. That was a little disappointing.

In the European Parliament the position is different. Of course, there is a constitutional relationship with the Commission; it is a unicameral Parliament. As a result, it has a different way of operating. Therefore, when Monsieur Barnier appears before the European Parliament, as he has just twice, he takes no questions. He appears, speaks and goes. Guy Verhofstadt has been nominated the Brexit co-ordinator there. He does report back and has a role in that respect. It is a different hub: Barnier and Verhofstadt. There is the Brexit steering group, which is more or less a self-appointed group and does not represent all the parties there. That is the group to which Monsieur Barnier goes and has some discussions with on a confidential basis and therefore nobody knows what goes on.

[Lord Balfe]

Everybody knows what’s going on.

[Baroness Anelay of St Johns]

I have to say, I listened with belief to what my noble friend said on that. I am glad that he said it, not me. We are going to maintain our undertaking to serve Parliament as well as we humanly can.

My noble friend Lord Balfe made a point about the problem with information. Everyone wants it but there is a huge amount of it and how do we get it, particularly in the recesses? I do have an answer. My own department arranges that there is information on its website. It is the go-to place for everything that we do on Brexit. I do not want to put my noble friend off but at GOV.UK/dexeu there are 133 announcements, seven position papers, five future partnership papers and two White Papers. Of course, the European Commission site updates its papers.

The advantage of our website is that after each negotiating round we update the papers. As I mentioned on the Floor of the House this week with regard to the citizenship paper, it means that the joint EU-UK position paper—the annexe that has been published, which shows the red/amber/green system—actually shows how that has been advanced at the latest negotiating stage, not only the further agreement that has been reached but where each of the negotiating groups has agreed that it needs to do more. It is not just us, it is the Commission as well, but we are more forward-leaning. For example, on citizens, after the August round a further 20 lines of detail were added. More than half of those are where we are making more of an offer than the European Commission is.

[Lord Foulkes of Cumnock]

We all accept on this side—and, I think, on all sides—that the people who can best deal with the detail are those on the European Union Select Committee. They have all the background, they are working on it week in, week out. The Minister has still not explained why David Davis refused to appear before our Select Committee when we offered to meet—as we know, Select Committees can meet even when Parliament is not sitting. Why did he refuse to meet us?

[Baroness Anelay of St Johns]

My next page turns to Select Committee appearances. The key to explaining the Secretary of State’s position is in the letter he wrote on 9 August to the noble Lord, Lord Jay. I am delighted he has been able to participate here. I want to address his very careful points in a moment, but first I will refer briefly to the noble Lord, Lord Foulkes, because I do not want to run out of time and the intervention of the noble Lord, Lord Jay, was crucial.

In that letter from 9 August, my right honourable friend said that,

“I want to emphasise that I fully recognise the critical role the Committee plays in scrutinising our withdrawal from the European Union. It is for that reason I am clear that, as the Secretary of State who represents the UK in Brussels, I should personally update the Committee on the progress of negotiations.”

He goes on to talk about how. At the meeting of the committee in July, he made it clear that he would consider how best he could do that and balance that duty against the range of other committees. I would say, very carefully of course, that since my department was created, just 15 months ago, Ministers from my department have given evidence to Select Committees, covering a range of EU exit-related inquiries, on no less than 16 occasions. We will not step back.

I address the noble Lord, Lord Jay, because I feel it is vital to do so in my last two minutes. I thank him for the letter he wrote to the Secretary of State, which he kindly copied to me. I have made it clear that my department and I fully support the work of committees in both Houses in fulfilling their scrutiny responsibilities and that we will continue to value the work of the noble Lord’s committee as it conducts its Brexit-related inquiries.

The Secretary of State has given his commitments to update us after each round and will do so with a Statement, as he said. It is no small commitment to update the House after each negotiation round and, no less importantly, to take questions from Members. I want to give all Members of the House the opportunity to scrutinise progress in the negotiations and the Secretary of State has made it clear that he is happy to give evidence to the committee in the autumn.

I am sure the noble Lord, Lord Jay, will appreciate that the complexity of the negotiations—he was head of the Foreign Office so knows about the difficulties of the issue—demands a level of flexibility to ensure that they are conducted successfully, and that rigid committee appearances at fixed intervals may run counter to that. I appreciate there has been some joshing about what my right honourable friend may or may not do. What he does do is properly respect Parliament and scrutiny. I look forward to seeing the noble Lord, Lord Jay, later today when I am sure I will have the opportunity to explain in more detail why the Government are taking that approach.

[Lord Jay of Ewelme]

Before the noble Baroness finishes that part of her speech, can she confirm that she will be prepared to accept the invitation of the Select Committee to come before it for meetings when the Secretary of State is otherwise engaged?

[Baroness Anelay of St Johns]

Although I am out of time, I crave the indulgence of the Committee. I would like to discuss the matter further. I have set out the Government’s position and, because of the interventions from noble Lords, I have not been able to cover the issue of papers. I hope that I have at least given the way in which noble Lords can access those papers and that information. It is disappointing not to be able to conclude in a fuller way but I can certainly say that we will have plenty of further opportunities to discuss these matters.