European Union (Notification of Withdrawal) Bill

Baroness Evans of Bowes Park Excerpts

Monday 20th February 2017 Lords Chamber

Moved by

[Baroness Evans of Bowes Park]

That the Bill be now read a second time.

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, it is an honour to open this two-day debate for while the Bill is short and straightforward, it is historic. The fact that 187 noble Lords will contribute to its Second Reading is testament to the seriousness with which this House takes its constitutional duty to scrutinise legislation. The challenge of responding will fall to my noble friend Lord Bridges of Headley and I can think of no one better equipped to tackle this daunting task.

In May 2015 a Conservative Government were elected with a clear manifesto commitment to,

“negotiate a new settlement for Britain in the EU”,

to,

“ask the British people whether they want to stay in on this basis, or leave”,

and to,

“honour the result of the referendum, whatever the outcome”.

The Government have delivered on these commitments. This House passed an Act to deliver a referendum without placing conditions on the result. On 23 June 2016, the British people delivered their verdict. The Bill is not about revisiting that debate; rather it responds to the judgment of the Supreme Court that,

“an Act of Parliament is required to authorise ministers to give notice of the decision of the UK to withdraw from the European Union”.

It asks Parliament to confer on the Prime Minister the power to notify and commence formal negotiations for withdrawal from the EU.

Many views have been expressed about what might be expected from your Lordships’ House as we scrutinise the Bill. Some have asserted that this House will ignore the referendum result and seek to use the Bill to frustrate the process of leaving the EU. As someone who understands our collective sense of responsibility to our important constitutional role, I do not share those concerns. I am confident that noble Lords will take a constructive approach in our deliberations. I am under no illusions about the challenge and rigour that will be evident in our debates, and that is right and proper. Noble Lords bring a wealth of expertise to our proceedings and it is precisely when we bring this to bear that we show this House at its best. But I also know that noble Lords respect the primacy of the elected House and the decision of the British people on 23 June last year.

The Bill was the subject of detailed debate in the other place and was passed unamended with an overwhelming majority of 372. It comes to us with a strong mandate from both the people and the elected House. We should not overlook that. Although this is an important Bill, it simply allows the Government to start the process of withdrawing from the EU. Clause 1(1) confers on the Prime Minister the power to notify, under Article 50 of the Treaty on European Union, the United Kingdom’s intention to withdraw from the EU—a decision taken by the people of the United Kingdom.

Clause 1(1) also gives the Prime Minister the power to start the process to leave Euratom, because although Euratom is constituted under a separate treaty, the European Union (Amendment) Act 2008 made it clear that the term “EU” as used in legislation includes Euratom. Euratom is a separate treaty-based organisation but uses the same institutions as the EU. So as a matter of EU law as well as UK law, the treaties are uniquely joined. Triggering Article 50 also entails giving notice to leave Euratom. While our future relationship with Euratom will be a matter for the negotiations, the Prime Minister has been clear that this is a priority area. Our nuclear industry remains of strategic importance and leaving Euratom does not affect our aim of maintaining effective arrangements for civil nuclear co-operation, safeguards, safety and trade with Europe and our international partners.

Clause 1(2) makes it clear that the power to trigger Article 50 may be conferred on the Prime Minister regardless of any restrictions in other legislation, including the European Communities Act 1972. The Bill is the legal means by which to give the Prime Minister power to commence withdrawal negotiations, and nothing more. The Bill is not the place to try to shape the terms of our exit, restrict the Government’s hand before they enter into complex negotiations, or attempt to rerun the referendum. The Bill is the beginning of a process and a discussion we will be having in this House and the other place for years to come. The legislative programme that follows the Bill will be a huge task but one on which I am sure all sides of the House will work together constructively. The Chief Whip and I will work through the usual channels to ensure that we continue to be able to do our valuable work effectively.

Looking ahead, the Prime Minister has set out a global vision for the UK outside the European Union. We want a comprehensive new partnership with the EU and we want the right deal for the whole of the United Kingdom. The Government have ensured since the referendum that the devolved Administrations are fully engaged in our preparations to leave the EU because a good deal will be one that works for all parts of the UK. The Government’s White Paper sets out in detail our 12 objectives for the negotiations. As noble Lords will know, they are: to provide certainty and clarity wherever we can; to take control of our own laws; to strengthen the precious union of the United Kingdom; to maintain the common travel area with the Republic of Ireland; to control immigration to the UK from Europe; to secure the rights of EU nationals in the UK, and UK nationals in the European Union; to protect and enhance workers’ rights; to pursue a bold and ambitious free trade agreement with the EU; to secure new trade agreements with other countries; to ensure that the UK remains the best place for science and innovation; to continue to co-operate with our European partners in important areas such as crime, terrorism and foreign affairs; and to deliver a smooth and orderly exit from the EU. In negotiating our new partnership, we want to be good neighbours and strong partners. We are leaving the EU but we are not leaving Europe.

As we shape a new future for the United Kingdom, it is right that Parliament plays a full role. We will ensure that Parliament sees as much of our strategy as possible, as long as it does not damage our negotiating position or our national interest, and the Government will bring forward a Motion on the final agreement, to be approved by both Houses of Parliament before it is concluded. We expect and intend that this will happen before the European Parliament debates and votes on the final agreement.

Noble Lords have already demonstrated the value of the work of this House as we prepare to leave the EU. Eleven reports relating to Brexit have been published by our Select Committees, with at least eight more to come in the next few weeks. The first tranche of reports covered issues including the impact on financial services, trade, fisheries, policing and security, and the acquired rights of EU nationals. The government responses will be published over the next few weeks and the committees are well under way on their next inquiries. The EU Committee has produced useful reports on parliamentary scrutiny of the process and UK-Irish relations, and has travelled to Brussels, Strasbourg, Cardiff and Edinburgh as part of this work. I hope that the noble Lord, Lord Boswell, is seated somewhere here—I hope he found a place. I pay tribute to him, to members of the EU Committee and the sub-committees, and to the expert staff who have supported them. Valuable inquiries on Brexit have also been carried out by the Constitution Committee, the Science and Technology Committee and the Joint Committee on Human Rights. The Economic Affairs Committee has announced its own Brexit-related inquiry and I am grateful to the noble Lord, Lord McFall, for his work in bringing together the Brexit liaison group to facilitate co-ordination of activity in your Lordships’ House.

Ministers will continue to provide regular updates to Parliament and as we propose to convert the acquis—the body of EU law—into UK law when we leave, it will be for Parliament to scrutinise any changes to our domestic legislation that we make once we have left. As this House regularly reminds me, the process of leaving the European Union is complex but it is also an opportunity for your Lordships’ House to demonstrate the valuable role that we can play. I know that the great repeal Bill will be of particular interest but it will be only one of a number of Bills brought before Parliament during the process of exiting the EU. From immigration to customs, this House and the other place will have a huge number of opportunities to help shape the future direction of our country—and, I believe, to do so for the better.

The Government are determined to trigger Article 50 by 31 March to deliver on the decision of the British people. The Bill before us is a procedural part of that withdrawal process. I welcome the constructive tone we have heard from the Opposition, saying that they will not seek to frustrate this process while of course undertaking the scrutiny role that we are here to perform. Leaving the European Union offers our nation many opportunities. I am committed to working with all noble Lords to ensure that we achieve the right deal for Britain. This Bill confers on the Prime Minister the power to begin the process of leaving the EU and I commend it to the House. I beg to move.