Services, Procedure and Selection Committees

Baroness Evans of Bowes Park Excerpts

Thursday 3rd October 2019 Lords Chamber

[The Senior Deputy Speaker]

That Lord Ashton of Hyde be appointed to the following Select Committees in place of Lord Taylor of Holbeach: Services, Procedure, Selection.

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

My Lords, given that one of these Motions relates to the new Convenor of the Cross Benches, I wanted to say a few words about the outgoing Convenor, the noble and learned Lord, Lord Hope of Craighead.

All noble Lords will know that the noble and learned Lord had a long and distinguished career as a lawyer, playing an instrumental role in the transfer of judicial authority from this House to the newly created Supreme Court. Over his four years as Convenor, the whole House has benefited from the measured and constructive way in which he has stood up for the interests of the Cross Benches and approached the work we have done together, not least via the work of our domestic committees. He has been a committed and constructive part of the usual channels, and I thank him sincerely for that. I know that these thanks are echoed by my noble friend the Chief Whip and his predecessor, my noble friend Lord Taylor of Holbeach.

Noble Lords may not be aware that the noble and learned Lord is a keen diarist, and I am sure we will all look forward to the volume on his years as Convenor. I particularly thank him for his involvement in the cross-House, cross-party working group which helped develop the new independent complaints and grievance scheme. His counsel and advice were certainly invaluable to us all.

On behalf of the whole House, I would like to wish the noble and learned Lord well and hope that he will be able to spend more time enjoying his hobby of bird-watching, without having to be in the range of a computer or hunting for what I understand is an elusive phone signal in the local Tesco in Craighead.

Finally, I look forward to working with his successor, the noble and learned Lord, Lord Judge. I am sure we will have an equally constructive and positive relationship.

[Baroness Smith of Basildon (Lab)]

My Lords, I concur with the comments of the noble Baroness the Leader of the House. The noble and learned Lord, Lord Hope, has been Convenor since 2015 and he has served this House, as well as his group, with distinction during that time. These have been interesting and at times very demanding times for your Lordships’ House.

In so many debates, the noble and learned Lord’s forensic and very wise legal mind has been of enormous benefit in improving legislation. I hope he will enjoy, and we will welcome, further such contributions, just from a different seat in your Lordships’ House. His gentle manner has sometimes hidden his understated humour, often found in the most unlikely of debates. If noble Lords missed it, I urge them to read his contribution to the debate on the Non-Domestic Rating (Public Lavatories) Bill. I will not repeat his words, as I could never do justice to his story, but it will bring on quite a chuckle.

The Convenor speaks for an independent-minded group of disparate, different and at times contradictory views—of course, that is not something that the noble Baroness and I would at all recognise. I am intrigued, although others may be fearful, that the noble and learned Lord lists in his hobbies that he is writing Lord Hope’s Diaries. The last month alone could create a whole volume and I just ask that he be gentle with us. He took over as Convenor at the same time as I became leader of my group. I have greatly appreciated our conversations, his integrity and his sound advice.

I give a warm welcome to the noble and learned Lord, Lord Judge. He also combines that sharp, forensic legal brain with a warm wit, and we look forward to working with him.

Brexit: Negotiations

Baroness Evans of Bowes Park Excerpts

Thursday 3rd October 2019 Lords Chamber

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

My Lords, with the leave of the House, I shall now repeat a Statement made by my right honourable friend the Prime Minister in another place. The Statement is as follows:

“With permission, Mr Speaker, I shall make a Statement on the Government’s proposals for a new agreement with our European friends that would honour the result of the referendum and deliver Brexit on 31 October in an orderly way, with a deal. This Government’s objective has always been to leave with a deal and these constructive and reasonable proposals show our seriousness of purpose. They do not deliver everything we would have wished. They do represent a compromise. But to remain a prisoner of existing positions is to become a cause of deadlock rather than breakthrough. So we have made a genuine attempt to bridge the chasm, to reconcile the apparently irreconcilable and to go the extra mile as time runs short.

Our starting point is that this House promised to respect the referendum before the vote. More people voted to leave than voted for any political party in our history. The referendum must be respected. Both main parties promised at the 2017 election that they would respect the referendum and there would be no second referendum. This House voted to trigger Article 50 and has voted repeatedly to leave. Yet it also voted three times against the previous withdrawal agreement and for repeated delay. And so, as I have emphasised time and again, there can be no path to a deal except by reopening the withdrawal agreement and replacing the so-called backstop.

While, as I stand here today, we are some way from a resolution, it is to the credit of our European friends that they have accepted the need to address these issues. I welcome the constructive calls that I have had over the last 24 hours, including with President Juncker, Chancellor Merkel and Taoiseach Varadkar, and the statement from President Juncker that the Commission will now examine the legal text objectively.

The essence of our new proposal is a new protocol on Ireland and Northern Ireland consisting of five elements. In the first place, all our actions are based on our shared determination to sustain the Belfast Good Friday agreement—the fundamental basis of governance in Northern Ireland—the protection of which is the highest priority of all. From this follows the second principle; namely, that we shall of course uphold all the long-standing areas of co-operation between the UK and our friends in Ireland, including the rights of all those living in Northern Ireland, north/south co-operation, and the common travel area, which predates both the Good Friday agreement and the European Union itself.

Thirdly, we propose the potential creation of a regulatory zone on the island of Ireland covering all goods, including agri-food. For as long as it exists, this zone would eliminate all regulatory checks for trade in goods between Ireland and Northern Ireland. But, fourthly, unlike the so-called backstop, such a regulatory zone would be sustained with the consent of the people of Northern Ireland, as expressed through the Assembly and Executive. They will give their consent during the transition period as a condition for these arrangements entering into force. Thereafter, the Assembly will vote again every four years. If consent were withheld, these arrangements would then lapse after one year.

Fifthly, it has always been a point of principle for this Government that, at the end of the transition period, the UK should leave the EU customs union whole and entire, restoring sovereign control over our trade policy and opening the way for free trade deals with all our friends around the world. That is a fundamental point for us. So, under the proposals in this new protocol, Northern Ireland will be fully part of the UK customs territory and not the EU customs union, but there will be no need for checks—or any infrastructure—at or near the border between Ireland and Northern Ireland. Indeed, I have already given a guarantee that the UK Government will never conduct checks at the border, and we believe that the EU should do the same, so there is absolute clarity on this point.

Instead, under this new protocol, all customs checks between Northern Ireland and Ireland would take place either electronically or, in the small number of cases where physical checks would be necessary, they would happen at traders’ premises or other points in the supply chain. We have put forward a method for achieving this, based on improving and simplifying existing rules, trusting certain traders and strengthening our co-operation with Ireland, in a spirit of friendship and sensitivity to the particular circumstances. While these proposals will mean changes from the situation that prevails today in Ireland and Northern Ireland, it is their driving purpose to minimise any disruption. In order to support the transition further we propose a new deal for Northern Ireland, which will boost economic growth and competitiveness and set in train new infrastructure, particularly with a cross-border focus.

The previous withdrawal agreement and political declaration would have permanently anchored the United Kingdom within the orbit of EU regulation and customs arrangements. An indefinite so-called backstop provided a bridge to that vision of the future. This Government have a different vision, basing our future relationship with our European neighbours on a free trade agreement and allowing the UK to take back control of our trade policy and our regulations. We propose to amend the political declaration to reflect this ambition. Our proposals should now provide the basis for rapid negotiations towards a solution in the short time that remains.

I do not for one moment resile from the fact that we have shown great flexibility, in the interests of reaching an accommodation with our European friends and achieving the resolution for which we all yearn. If our European neighbours choose not to show a corresponding willingness to reach a deal, then we shall have to leave on 31 October without an agreement, and we are ready to do so. But that outcome would be a failure of statecraft for which all parties would be held responsible. When I think of the conflicts that have wracked Europe in the past, of the immense challenges that we have surmounted, of the 74 years of peace and prosperity that we have together achieved, I believe that surely we can summon the collective will to reach a new agreement.

This Government have moved. Our proposals do represent a compromise, and I hope that the House can now come together in the national interest behind this new deal, to open a new chapter of friendship with our European neighbours and move on to our domestic priorities, including education, infrastructure and our NHS. So let us seize this moment to honour our overriding promise to the British people, respect Brexit and get Brexit done. I commend this Statement to the House”.

My Lords, that concludes the Statement.

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[Lord Wallace of Tankerness (LD)]

My Lords, I too thank the Leader of the House for repeating a Statement that was written in much more measured tones than the one she was required to read last week. It is thanks to the purported Prorogation having been nullified that Parliament can now hold the Government to account on this important development. It is worth reflecting that if that had not happened, these important proposals would have been brought forward without Parliament being in session to examine them.

It is important that we examine these proposals, and the noble Baroness, Lady Smith, has asked a number of detailed questions on their application and how it is proposed that the arrangements will work. It appears that, from having no borders as a full member of the European Union, the Prime Minister’s proposals would give Northern Ireland two borders. Does the Minister believe that these proposals are better for the economy and, above all, for the security of Northern Ireland than what Northern Ireland has at present? It is important, too, that we closely examine the proposal of a “potential”— the word is there in all the documents—regulatory border between Great Britain and Northern Ireland and customs checks between Northern Ireland and Ireland. Simply to state that position must surely suggest that Northern Ireland’s economy would be in a worse position.

The noble Baroness, Lady Smith, quoted a number of businesses that have expressed considerable scepticism about the proposals. The Northern Ireland Chamber of Commerce and Industry said:

“Businesses are telling us that the potential increased costs will seriously damage … supply lines and indeed business survival.”


There are other quotes that could be repeated from spokespersons who have cast doubt on the workability and cost of these proposals. It would be interesting to see whether the Minister, when she comes to reply, can quote any business or business organisation which, in the last 24 hours, has given support to these proposals. The proposals depend on electronic and, in some cases, physical checks—possibly on business premises. What estimate have the Government made of these added costs to businesses as a consequence of such additional surveillance?

Last night, in response to a point that has been raised on a number of occasions, the noble Lord, Lord Callanan, said that the proposals did not breach Section 10(2)(b) of the European Union (Withdrawal) Act 2018,

“because they avoid checks, controls and physical infrastructure at the border”.—[Official Report, 2/10/19; col. 1765.]

I note his words, “at the border”, but if one looks at Section 10(2)(b) of the 2018 Act, it refers to creating or facilitating,

“border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature physical infrastructure, including border posts, or checks and controls, that did not exist before exit day and are not in accordance with an agreement between the United Kingdom and the EU”.

I believe there is a difference between “at the border” and border arrangements; customs arrangements are by their very nature border arrangements. Can the Minister confirm that the proposals put forward by the Prime Minister conform with the provision, given the clear indication in his Statement that checks could take place at designated locations anywhere in Ireland and Northern Ireland?

The Statement referred to the,

“potential creation of an all-island regulatory zone on the island of Ireland, covering all goods.”

It goes on to say that it would eliminate,

“all regulatory checks for trade in goods between Ireland and Northern Ireland”.

So, of course, there would be checks between Northern Ireland and Great Britain. Will the Minister indicate whether this would be a two-way process? The Prime Minister, I understand, seemed to indicate in a reply that it would be only one way: for goods coming from Great Britain into Northern Ireland. Surely, however, if Great Britain has higher regulatory standards than the European Union, there would be checks for goods coming from Northern Ireland into Great Britain. Can she confirm whether that would indeed be the case, or is the Government’s working assumption that there will never be situations where the regulatory regime in Great Britain would be more stringent than that in the European Union? Have the Government had any discussions with the Scottish Government as to the implications of this proposal for any infrastructure required for such checks at Cairnryan?

The noble Baroness, Lady Smith, referred to the powerful speech yesterday evening by the noble Lord, Lord Empey, who wondered how the DUP could possibly sign up to it. He gave various quotes at col. 1744, quoting DUP spokespersons opposed to any form of regulatory divergence. Why would they? Maybe the secret is that the answer is in the word “potential”, if it is read in conjunction with the consent arrangements, which in the explanatory note provided, refer to consent,

“within the framework set by the Belfast (Good Friday) Agreement”.

There are people in your Lordships’ House who are far more expert in the intricacies of the Good Friday agreement and the procedures in the Northern Ireland Assembly than I am—I am conscious that my noble friend Lord Alderdice is behind me—but I understand there is a procedure called a petition of concern. Is it possible that a petition of concern could be used to ensure that these arrangements never take place, and could be vetoed by the DUP and others before they ever had a chance to take off? Does the Minister think that that enhances the chances of this arrangement being agreed to, not only by the Government of Ireland but by the European Union?

The Written Statement laid by the noble Lord, Lord Callanan, yesterday and reflected in the Prime Minister’s Statement, refers to a revised political declaration. The Statement says:

“In parallel, we will be negotiating a revised Political Declaration which reflect this Government’s ultimate goal of a future relationship with the EU that has a comprehensive Free Trade Agreement at its heart”.


While there is a lot of detail on the arrangements with Ireland, there is very little detail on what arrangements or provisions are sought for the political declaration. It would be helpful if the Minister, when she comes to reply, would indicate what provisions are proposed. Does it mean that the reassurances we had in times past about maintaining workers’ rights and environmental protections may no longer be the case?

The Statement from the Prime Minister also says:

“If our European neighbours choose not to show a corresponding willingness to reach a deal, then we shall have to leave on 31st October without an agreement and we are ready to do so”.


The noble Baroness, Lady Smith, has already indicated how the European Union (Withdrawal) (No. 2) Act might come to the assistance of the Government, but assuming this agreement does not pass, and that the House of Commons does not agree to no deal, can the Minister indicate in detail how the Prime Minister can state that in these circumstances, we shall have to leave on 31 October without an agreement consistent with the provisions of that Act?

Obviously, an orderly departure from the European Union is preferable to a disorderly one. However, we on these Benches do not believe there is any agreement that can be reached which gives us a better deal, in terms of our security, our prosperity, our trade, our jobs, or the future opportunities for our young people than the deal we have at present, as full members of the European Union. That applies to the United Kingdom as a whole and to Northern Ireland in particular.

[Baroness Evans of Bowes Park]

I thank the noble Baroness and the noble and learned Lord for their comments. I reiterate once again that we are committed to and focused on getting a deal, which is why we have brought forward these new proposals. I also remind noble Lords, who will be aware of this, that the House of Commons has rejected the previous withdrawal agreement three times; therefore, to get a deal, we have had to come forward with new proposals.

I reassure the noble Baroness that she is absolutely right: we believe that these proposals set out a reasonable compromise and that they are a broad landing zone in which a deal can take shape. We are pleased that our European colleagues have said that they will look at these proposals. Detailed discussions will now have to take place on them. I can reassure her that David Frost, the Prime Minister’s lead negotiator, is back in Brussels today. Intensive talks will be ongoing and we look forward to continuing them to ensure we can get a deal that everybody is happy with. We are committed to supporting the all-Ireland economy by avoiding checks and infrastructure at the border between Northern Ireland and Ireland, keeping Northern Ireland in the same customs territory as Great Britain and ensuring unfettered access for Northern Irish farmers and businesses to the UK.

The noble Baroness and the noble and learned Lord talked about the political declaration. Yes, we are in negotiations on changes to that. Those negotiations are ongoing and as soon as we are in a position to give further details on them, we will of course do so. I am happy to reassure them both that we are committed to strong standards in the areas of environmental protections and workers’ rights, as the noble Baroness set out. We have an excellent record in this country in these areas. There are numerous examples of where we exceed EU minima, such as on the length of maternity leave, shared parental leave, holiday entitlement and greenhouse gas targets. As I hope we have made clear continually at this Dispatch Box, we as a Government intend not only to maintain existing standards but to improve them. We will continue to hold this path.

The noble Baroness and the noble and learned Lord are right that these proposals will mean changes from the situation that prevails today—this was reflected in the Statement—but our driving purpose is to ensure that we minimise disruption. We understand the concerns of business. The noble Baroness mentioned concerns that have been raised. We will be talking in detail to businesses about the proposals, explaining why we believe there will be minimum disruption and making sure that their concerns are allayed. Part of the way in which we will do this is through our new deal for Northern Ireland. We will be making commitments to help boost economic growth and competitiveness, and to support infrastructure projects—particularly with a cross-border focus—so that we can work with our Irish partners as well to ensure that businesses and consumers across the island of Ireland are happy with what we are planning.

A limited number of goods movements will undergo physical inspections or checks. The system will largely be decentralised. It will be facilitated and minimised by the use of solutions such as electronic filing. We expect there to be a very small number of physical checks needed. These will be conducted at traders’ premises or other points in the supply chain. For instance, the UK currently checks around 4% of customs declarations, with fewer than 1% of these checks being physical in nature. This reflects our robust pre-clearance processes which involve the de-risking of high-risk traders and commodities. Our future system will be underpinned by continuing close co-operation between UK and Irish authorities, based on the existing customs legislations of both parties. It is our intention to make a series of simplifications and improvements to that legislation to ensure that the commitment in the new protocol to having no checks or infrastructure at the border is fulfilled.

The noble Baroness asked, for instance, about trusted traders. One of the ideas put forward is a special provision for small traders to ensure that requirements on them could be simplified. For instance, some small traders could be exempt from processes and paying duty altogether. These measures would need to be carefully designed so that they target the traders most in need of support, while continuing to ensure compliance.

The noble and learned Lord asked about Section 10 of the withdrawal Act. As my noble friend said yesterday, we believe that our proposals do not breach this provision but conform to it.

I can absolutely reassure the House that we are working very hard to get the Northern Ireland Executive back up and running. I think all of us in this House have been frustrated and disappointed about the lack of progress seen. I can reiterate only that this is an absolute priority and we are working extremely hard to ensure that it happens.

The issue of consent was also raised. The exact mechanism for consent will be discussed as part of these negotiations but in the context of the Good Friday agreement. We want to achieve the satisfaction of both communities in Northern Ireland. This is at the heart of what we look to do. We very much hope that these proposals will lead to a further, new and intense way in which we can move forward, so that we can present a Bill to the other place which can get through. Then we can move on and get a deal.

[Lord Judge (CB)]

My Lords, I welcome any step, however tentative, which might possibly produce a resolution. Would the Leader of the House be in a position to clarify the intention of the Government if the EU—and I use it compendiously—were very interested in these proposals but asked for more time, say one month, to consider them?

[Baroness Evans of Bowes Park]

As I said, I am afraid that I will not prejudge the outcome of the negotiations. Our aim is clear: we want to conclude these negotiations quickly, so that we can have an agreement at the EU Council this month and progress to leave the EU on 31 October. That is our very firm intention; it is where our focus is and what we are working towards. With willingness and compromise on both sides—it will require compromise on both sides; we accept and understand that we still have a way to go, but we believe that the will is there—that is what we will be focused on and working very hard towards.

[Lord Hain (Lab)]

My Lords, why do not the Government listen to hauliers, businesspeople, trade unions and every Northern Ireland political party except the DUP—including the Ulster Unionists and the cross-party Alliance Party—who all oppose this proposal, which undermines the all-Ireland economy and betrays the Good Friday and Belfast agreement? Surely the noble Baroness must accept that the customs border proposed is unworkable because there are no enforcement measures, leaving it wide open to smuggling and criminality. It is a virtual hard border, not a physical hard border. How could Brussels enforce its own rules, except by erecting infrastructure for security and checks on this external frontier of the European Union, at least to obey World Trade Organization rules? Surely this is the worst of both worlds: customs clearance centres and arrangements, including tariffs, that would be a target for civil disobedience and, perhaps, paramilitary attack, a border that is not even secure, and a shift from no borders to up to four borders. I appeal to every Member of Parliament— certainly every Labour MP—to vote against it to protect the peace process and progress on the island of Ireland.

[Baroness Evans of Bowes Park]

I fear I cannot agree with the noble Lord’s assessment. We want a deal. We believe that a deal is in our best interests and also, frankly, those of Ireland and Northern Ireland. That is why we are working hard towards it. We made very clear—the Statement made clear, I hope—that our proposal is centred on our commitment to find solutions compatible with the Belfast agreement. We believe it is. We will work very hard and do everything we can to minimise disruption. We have made compromises. We now want to work with the EU to discuss further how to ensure that we come forward with a proposal which can get through the other place and means that we can move on and work together for a strong future relationship. I fear that I do not accept the noble Lord’s view of the proposals. They have been well thought through. We think that they address some of the key issues that have been a problem so far and we will be working very hard to advance them.

[Lord Lamont of Lerwick (Con)]

My Lords, I welcome this carefully crafted compromise and hope that it will receive serious consideration, because we need to secure a deal. Are not the noble Lord, Lord Hain, and the noble and learned Lord, Lord Wallace, mistaken in saying that there is no border? There is a border between the north and south of Ireland. There are checks, for example, on VAT on both sides of that border. They are done not at the border but away from it. Is it not also wrong to conflate a customs declaration with physical examinations? They are completely different. Can my noble friend confirm what the Prime Minister said in the House of Commons: no physical infrastructure will be required by these changes?

[Baroness Evans of Bowes Park]

I thank my noble friend for his comments. He is absolutely right. We have been very clear that there will be no further infrastructure—there will be no hard border within Ireland. Any changes to process that happen, will, we believe, be very minor. We will do everything we can to ensure that. That is why we will be working hard with Northern Irish and Irish businesses further to explain our proposals to ensure that they understand that we intend absolutely to minimise any disruption. We all want to achieve a deal that will work in the best interests of the island of Ireland.

[The Earl of Kinnoull (Non-Afl)]

My Lords, the EU Select Committee intends to hold a public evidence session next Tuesday morning, based on the documents delivered yesterday. In preparation for that, I wonder whether the noble Baroness the Leader could give us a bit more help on the matter of consent. I should be grateful for clarification of two issues. First, the Assembly has not sat since January 2017. There must therefore be a risk that at some point during a future consent process, it may again not be sitting. Can she tell us how, if it is not sitting, the consent process works and what is the default position? Secondly, this time assuming that the Assembly is sitting, it has special rules for cross-community consent. How will those rules apply?

[Baroness Evans of Bowes Park]

The principle behind the consent is that we believe any alignment with EU law in Northern Ireland must depend on the consent of those affected by it, which is why we believe this is an important element. As I said in my response to the opening questions, obviously the exact mechanisms will need to involve a discussion between us, Ireland and representatives of the communities in Northern Ireland. We are absolutely clear—I hope this was made clear in my responses to an earlier question—that this must be done to the satisfaction of both communities in Northern Ireland. The details of this are something we will need to talk about with our Irish colleagues and across the Province of Northern Ireland over the coming days.

[Lord Rooker (Lab)]

My Lords, listening to the exchanges in the other place, I was struck that the really important question from Lady Hermon was not actually answered. I put to the noble Baroness this question, which in effect follows on from the one she was just asked but has not answered: can she explain the difference between a coalition Executive and a power-sharing Executive, in the context of Northern Ireland, with respect to this Statement?

[Baroness Evans of Bowes Park]

I am afraid the noble Lord will not be happy, but I cannot say more than I have said. Some of the details of the exact mechanisms will be open to discussion. I will not pre-empt negotiations or discussions and do not think it would help the process if I did. I am sorry I cannot say any more to the noble Lord.

[Lord Howell of Guildford (Con)]

My Lords, having taken part in the original power-sharing agreement in the 1970s, I can tell the noble Lord, Lord Rooker, that these differences are extremely hard to disentangle in the atmosphere of Irish politics—but it is a pertinent question and I see why he is asking it.

I welcome this protocol very warmly indeed. I was a bit depressed by the question from the noble Lord, Lord Hain, which seemed very negative, but I thought his own Front Bench sounded a shade less negative. I do not know whether I am reading too much optimism into the situation. That is the big question: where are the Opposition on this matter? Will they support the protocol and the deal? The Government do not have a stable majority in the House of Commons. The position of the Opposition is absolutely crucial, so let us please have an answer to that question: will they support it or not? We know that the Lib Dems, of course, are against it all because they do not want this to happen at all. They want some other course, which I cannot quite fathom but which certainly would not benefit the national interest of this country.

Is not one of the missing factors in all this the concept of time? Time is a great solvent. As I understand it from this report, there is the transition period first—during which, we hope, the Northern Ireland Assembly will be recreated and give its consent—then there are four years before the issue comes up again, then a lapse of a year if, at the end of the four years, there is a vote for a change or it has not worked. Surely the enormous ingenuity of the people of Ulster, Northern Ireland, and the tremendous dynamism and creativity of modern Dublin and the modern Republic are between them capable, over all those years, of producing workable solutions in the modern world. Should we not put the concept of time a bit more into this before rushing to judgments?

[Baroness Evans of Bowes Park]

I thank my noble friend for his more optimistic outlook. He is absolutely right: our proposal is that before the end of the transition period, then for every four years after that, the UK will provide an opportunity for democratic consent in the Northern Ireland Assembly and Executive for the regulatory alignment arrangements, within the framework set out in the Good Friday agreement.

My noble friend is also absolutely right that the reason we have brought forward these new proposals and will be working incredibly hard over the coming weeks is that we need to get agreement in the other place to support them, which we have not managed to do with the backstop in its current state. That is an absolute priority for us. We very much hope that through further discussions and negotiations across all parties and all Benches, both in this House and the other place, we can get to a point where we can get a deal and move on to start talking about the positive relationship we want with the EU. That is what we all want to be talking about, and it feels as if it is time we really tried to get on to that, so that we can move on.

[Baroness Armstrong of Hill Top (Lab)]

My Lords, do the Government recognise that consent is a tricky issue because the DUP does not represent the whole of the unionist community? Many unionists voted to remain and would certainly want to be in the single market and customs union in any future agreement. I remain very concerned that the Government seem to see one side of the story in Northern Ireland as represented by only the DUP. It is simply not true.

Regarding the regulation of goods—as opposed to customs—the Government’s explanatory note says that these arrangements must receive the endorsement of the Northern Ireland Assembly. We have already had questions about what happens if that is not there, and I realise that the Minister is not able to respond. If they are meant to receive the endorsement of the Assembly and Executive, Paragraph 13 of the paper states that that should happen before the end of transition period and every four years thereafter.

What happens if they do not give consent? What will then be the position? Do we revert to what we have now—common regulations—or is the reversion to the hard border, which differs absolutely from what most people in Northern Ireland voted for?

[Baroness Evans of Bowes Park]

I once again reiterate: we have made very clear that there will be no return to a hard border in Northern Ireland and that we believe that it is only right that the people of Northern Ireland have a say through the Executive on whether they wish to consent to the proposed arrangements. I believe that that is right. I will not second-guess their decision, but we fundamentally believe that it is their democratic right to decide that.

[Lord Kerr of Kinlochard (CB)]

That is, with respect, no answer to the noble Baroness’s question. Her question was this: supposing, four years down the line in this endless cycle of economic and political uncertainty—very dangerous to the Northern Ireland situation—that Northern Ireland said that it did not want this, what would happen then? It is not clear. Is the EU to be told that it may not have the particular standard or regulation because a province of a country that is outside the EU does not like it? It seems an implausible proposition to put to the EU.

I think that we are at a rather solemn moment here. We are formally resiling from our 2017 commitment to full regulatory alignment now and in future on anything that might affect the peace process and the all-Ireland economy. We are formally resiling from our 2018 commitment to a future economic partnership based on a level playing field and common standards for environment, employment and social standards. We are deliberately tearing it up and highlighting that in the letter that we have sent to the President of the Commission.

On the first point, I have nothing more to add to what the noble Lord, Lord Hain, has said on Northern Ireland. It seems to me that he is absolutely correct. I would only say that I think that the corrosive effect on the Northern Ireland political situation of the continuing uncertainty of this four-year cycle is bound to be damaging. I note that all elements in Northern Ireland—business or political, apart from the DUP—appear to be of the same view.

My view is that, in Brussels, more attention will be given to the abolition of the level-playing-field commitment. I think they will conclude, rightly or wrongly, that we intend to challenge them by going for lower standards and deregulation, and I think that they will find that extremely alarming. I heard the Prime Minister’s Statement. The noble and learned Lord, Lord Wallace of Tankerness, is completely correct: the Prime Minister said that checks in the Irish Sea would be one way. In other words, he implied that standards in the UK would be below those in the European Union and applied in Northern Ireland.

I have four questions to ask the Minister. First, does she recognise how this would increase the difficulty of concluding, some years hence, even a bare-bones, Canada-style free trade agreement with the European Union? Does she recognise the likely effect on market access to our largest market for our services exports, which are our biggest exports? Secondly, how will trade deals with third countries work, given that the applicable standards for UK imports will differ depending on the final destination in the UK? Thirdly, does the Minister believe that the European Parliament and this Parliament could conceivably agree by 31 October to ratify a treaty based on these proposals? Fourthly, if not, what do the Government intend to do?

--- Later in debate ---

[Baroness Evans of Bowes Park]

Our focus, and what we are aiming for, is a comprehensive, best-in-class free trade agreement. We believe that we can certainly achieve that. I reiterate once again, as I said in answer to the earlier question, that we have an excellent track record in relation to standards. We have made clear at this Dispatch Box time and again that we are not intending to lower standards. I referenced a few examples of where we lead the world or exceed EU minimums, which I can repeat: length of maternity leave, shared parental leave, holiday entitlement and greenhouse gas targets. Of course, once we leave the EU, it will be for this Parliament to make decisions on our standards. The strength of feeling around this House—and the view of the Government—is that we absolutely would not want to lower our standards. In fact, we may want to exceed them, and we will be able to do a lot of other things that we want to do. It is an unfair attack to say that this is about lowering standards. We have been very clear: it absolutely is not.

[Lord Caine (Con)]

My Lords, I return to the issue of democratic consent of the Assembly and Executive in respect of regulatory alignment. A number of noble Lords have raised this issue. It is absolutely crucial that we get this right; the way this is taken forward will have a profound impact on the result, whether it is a majority vote in the Assembly or taken forward by a cross-community vote. In addition, I will share some of the concerns that have been expressed about a vote taking place every four years on this issue. My experience in Northern Ireland, which goes back 30 years, is that this issue will be used every four years as a proxy for a border poll. That would have possibly profound consequences for economic and political stability in Northern Ireland.

[Baroness Evans of Bowes Park]

I can only defer to my noble friend on his knowledge in this area. The concerns that have been expressed across the House are noted. As I have said, the exact mechanisms in this area will be subject to discussions with our Irish colleagues and, obviously, with representatives of the communities within Northern Ireland. As he says, it is critical that we get this right and get it right for both communities in Northern Ireland, so that we can move forward and protect the fantastic achievements that have been made in relation to peace in Northern Ireland. I hope I have been clear that this is paramount and a primary aim for us within these proposals.

[Baroness Falkner of Margravine (Non-Afl)]

My Lords, the Prime Minister has said that this is a final offer. Does the Minister agree that, while it may be the final offer from the UK, it is the beginning of a fresh negotiation? It is profoundly important for the Government to keep that in mind and be prepared to make further compromises against the framework of what they have outlined.

In light of that, coming back to the principle of consent, I would like to put a proposition to the Minister that is very much in keeping with the reservations that several noble Lords have addressed today. Instead of having a tight four-year framework in which issues are debated again and again, and with a limited mandate—as pointed out by the noble Baroness, Lady Armstrong—would the Government be prepared to consider a longer timeframe, potentially of seven to 10 years? I accept that the Minister is not going to take part in negotiations from these Benches, but, in the absence of that, perhaps the Government can look at the provisions of the European Union Act 2011, where it was intended to consult the people only when there was a significant change in the transfer of powers to the EU. Perhaps a similar formula could be employed to gain consent. Significant regulatory change or dealignment from either the United Kingdom or the EU might be the only circumstances under which the consent formula would kick in again. In other words, continue with the framework at the point of departure, of Brexit, and make changes only when a certain threshold has been achieved.

[Baroness Evans of Bowes Park]

I thank the noble Baroness for her constructive comments. She is right that I will not be stepping into negotiations from the Dispatch Box, but I can certainly reiterate that, as I said in answer to the noble Baroness, in his letter to President Juncker the Prime Minister makes clear that this is a broad landing zone, within which we believe a deal can take shape. As I said, his chief negotiator has gone to Brussels to continue the intense negotiations. We will be discussing the concerns or ideas raised by President Juncker, President Tusk and the Taoiseach as we go forward over the next few days.

[Lord Hannay of Chiswick (CB)]

My Lords, I wonder if the Minister could answer a couple of questions, after one observation, which is that in order to reach a landing zone you have to take off first. The two questions I would like to ask are as follows.

On this vexed issue of consent, I do not want to go into what would happen, but can she confirm that, under the arrangements for government in Northern Ireland, either of the two main parties—Sinn Féin or the DUP—could, during the transitional period or at the moment of the four-year review, frustrate the continuation of the arrangements that have been negotiated, either by opposing them or by bringing down the Government? Could she answer that factual question? It is in the hands of either of them, and I am not pointing the finger at the DUP only, to frustrate the operation of this agreement.

Secondly, the Prime Minister has had quite a lot of Brussels experience—although his misrepresentation of what went on there led one to doubt whether he really understood what was going on—but has he ever in his life seen a process of the sort he is now describing being completed in the time available to this, before 31 October? If not, what does he intend to do about it?

[Baroness Evans of Bowes Park]

The noble Lord is right: if consent was withheld, the arrangements would not come into force or would lapse after one year. On his second point, the Prime Minister is absolutely committed to and putting his full energy into achieving a deal that can get through the House of Commons in the timeframe he has set out. We have faith and trust that he will do that.

[Baroness Neville-Rolfe (Con)]

My Lords, I am glad to hear of the progress he is making. I move away from Northern Ireland for a moment to ask my noble friend about work on the tariff schedule. This will be especially important in the event of a no-deal Brexit, which the Statement says could still be an outcome. I am interested to know the timing for finalising the schedule and debating it in this House. I am a great believer in free trade and cannot see how we can both unilaterally introduce low tariffs, as proposed in the draft schedule, and conclude amazing free trade agreements. There will be no incentive for countries such as Canada, let alone the EU, to conclude good deals. This is a concern that is outstanding, which we have not had an opportunity to debate.

[Baroness Evans of Bowes Park]

I thank my noble friend, and I can say that the tariff schedule will be published shortly.

[Lord Dubs (Lab)]

My Lords, in all this, have we forgotten about the economic stability of the Government in Dublin? Surely some of the things that we are talking about will damage the Irish economy enormously. Do we not owe something more to the Irish for their loyalty and co-operation over many years than just saying, “It’s your problem, we’ll leave it to you”? Specifically, I understand that a significant proportion of Irish trade with the EU goes across the sea route and then from Dover to Calais. What is going to happen to that trade link?

[Baroness Evans of Bowes Park]

We are certainly not having that approach with our Irish colleagues; we want to work very closely with them. We realise and accept that there will have to be compromise on both sides and that Great Britain, not the Irish, made this decision. That is why we have put these new proposals on the table—proposals that we hope we can work with the Irish on, so that we can get a deal in order that we can move on to our future relationship. No deal is something that we do not want and certainly something that the Irish do not want, so, in order to try to tackle the issue that seemed to be the main problem with the withdrawal agreement getting through the other place, we have come back with these fresh proposals so that we can do exactly as the noble Lord said, which is come to a deal that is far, far better than no deal for both us and our Irish friends.

[Lord McNally (LD)]

My Lords, to help the noble Lord, Lord Howell, the policy of the Liberal Democrats is to remain. That is the best deal on the table. However, that does not remove our duty in this House and in the other place to explore what the Government of the day are proposing. I therefore put it to the Minister that the reason why the Good Friday/Belfast agreement worked was that it was the result of careful diplomacy with all the players in play in Northern Ireland and in the Republic. What is worrying about the proposal that the noble Baroness has put before us today is that it seems that only the DUP was involved. That is a fatal flaw in any attempt to win consensus in Ireland.

The other issue is that 31 October is not a special date other than in the mind of the Prime Minister. There is absolutely no reason why we should leave on that date. If this proposal is as good as the Benches opposite are now arguing it is, surely it deserves time to get it right rather than walking over a precipice of our own making into a disaster. We have all said things in negotiations—"dying in a ditch” or whatever—but the important thing now is the responsibility of the Prime Minister to negotiate in good faith for success. An artificial deadline of his own making puts that commitment in doubt.

[Baroness Evans of Bowes Park]

Well, I can certainly say that we are negotiating in good faith. Our seriousness in wanting to come up with a solution has been shown by the proposals that we have put forward, which have involved a number of compromises on our side and things that are perhaps slightly uncomfortable. We have done that because we want to get a deal. I say once again that we are completely committed to finding solutions that are compatible with the Belfast/Good Friday agreement. That is an absolute priority, and protecting it is the highest priority for us.

[Lord Whitty (Lab)]

My Lords, it is difficult to reconcile the intention to complete this by 31 October with the noble Baroness’s recognition that further compromises, details and clarifications will be required. Would it not therefore be sensible, in order to clarify the situation, for the Prime Minister at this stage to say, “Well, I’ve got so far. There’s been a relatively good response from Europe. I, on my own initiative, will extend the time”?

I have two other questions. First, if that fails and we are in a no-deal situation, what happens to all the arrangements that have been made in the good times between the United Kingdom and the Irish Republic? Do they fall, because they are predicated on us both being members of the European Union and observing the same regulations and conventions?

My second point is that, in a no-deal situation, the Prime Minister was reported last week as saying, “Well, the EU can do what it likes and therefore the Irish Republic can set up customs checks on its side of the border, but we will let them in”. Leaving aside that that seems to be the opposite of what the Brexiteers wanted, is that not in contravention of the WTO, because we will have to be tied to a different EU tariff schedule from everybody else, and a nil tariff on the border?

[Baroness Evans of Bowes Park]

We have been very clear that, in the event of no deal—which we do not want—we would not put new infrastructure along the border. We very much hope that the EU and Ireland would agree the same. Obviously, in a no-deal situation we would have to have a different set of conversations with the Irish. That is why we are clear that we do not want no deal; it is not the focus of this Government. We want to get a deal and that is why in good faith we have put forward these proposals.

I reiterate—frustrating though it is for everyone in this House—that the House of Commons three times rejected the withdrawal agreement and the backstop that was on the table. So we cannot put it back to the Commons again; we have to do something else. That is what we are trying to do. That is why we have come up with some flexible proposals to have the conversation with the EU in order to get a deal done and move forward to talk about our strong, positive future trading relationship with the EU. That is what we want to move towards.

[Viscount Waverley (CB)]

Picking up on the theme of potential disaster, but nevertheless wishing the Government well in their endeavours to break the deadlock, while I can see complications, some of which have been expressed this afternoon. I hope that Yellowhammer will never need to be tested. However, given its importance—the report on its effectiveness is due out on 16 October, I believe—will the Government give serious consideration to ensuring that the Queen’s Speech allows us the opportunity to debate the contents of this, with appropriate days made available, because it is of such crucial importance? If not, will the Government ensure that, at the earliest opportunity after the Queen’s Speech, proper time will be put aside so that we can consider the contents of the publication?

[Baroness Evans of Bowes Park]

I am sure that discussions with the usual channels being very constructive will ensure that we will have time available to discuss the issues that noble Lords wish to discuss. I will obviously relay that back to the Chief Whip.

[Lord Brooke of Alverthorpe (Lab)]

I was in the Commons and—I think probably like the country—welcome the more conciliatory approach that the Prime Minister adopted. He was asked whether, in the light of trying to secure the majority which he needs at the other end, he would be willing to put the Whip back on those he had expelled. He did not give a straight answer—indeed, he dodged it, which was to be expected. Equally, I think his biggest problem is not with Labour and the Opposition. His biggest problem throughout has been with a group of his own—the ERG. The question might be: what soundings of the ERG have been taken, and will it be prepared to support the deal that comes back?

[Baroness Evans of Bowes Park]

I can certainly say that the Prime Minister, the Cabinet and Ministers have been engaging with MPs throughout the Conservative Party. They have also been having conversations with MPs on the opposite side. We are trying to build a coalition for the deal. As I mentioned to the noble Lord, Lord Whitty, I understand the frustration, but the previous withdrawal agreement was rejected three times. We have to build a coalition in order to get a new withdrawal agreement through the House of Commons.

These proposals are an attempt to address some of the concerns about the backstop, which appeared to be the main issue in the House of Commons. If you watched the Prime Minister today, he offered numerous meetings and conversations to MPs across the House, in order to make sure that we can move forward and get a deal and discuss our future relationship with the EU and, importantly, talk about our domestic priorities. I am sure noble Lords opposite would like to talk about the issues that they want to raise outside Brexit as well. It would be great to be able to talk more broadly to the public again about the ideas that we both have for taking this country forward.

[Lord Dubs]

My Lords, I did ask a second question about what happens to Irish trade that goes through England and then crosses from Dover to Calais. If the answer is not in the noble Baroness’s little book of words, perhaps she will write to me.

[Baroness Evans of Bowes Park]

I apologise to the noble Lord. I am afraid it is not in my little book of words, so I will have to go back. I am happy to write to noble Lords and put something in the Library.

[Lord Hain]

My Lords, can I ask specifically about the position of the Irish Government and their relationship with Her Majesty’s Government? The Good Friday agreement forms an international treaty—a legal agreement—between our two countries and is predicated on the basis of joint administration, or rather joint inter-ministerial agreement and consent. If Dublin feels that it cannot support the Government’s proposals, what then happens to the Good Friday agreement and that principle of joint consent? This has been absolutely crucial given the torn history of our two countries going back centuries. It is absolutely crucial to taking this whole process forward. Will the noble Baroness take that question back to the Prime Minister and say that it should be top of his agenda?

[Baroness Evans of Bowes Park]

I can certainly take the noble Lord’s comments back. As I say, we are working very hard with the Irish Government. One of the first people the Prime Minister spoke to yesterday was the Taoiseach and there will be further discussions. We are very cognisant of the unique circumstances of Northern Ireland. I have tried to reiterate to noble Lords the importance we place on the Good Friday agreement and all the benefits that have flowed from that. I am very happy to reiterate that to my colleagues and the Prime Minister.

[Lord Marlesford (Con)]

My Lords, I have spent quite a lot of my life observing and taking the temperature of the House of Commons. Does my noble friend agree that the change today was quite remarkable? I would not be at all surprised if there was consensus to at least support the new approach the Government have taken. That approach has several alternatives within it and, at any rate, is a base which did not seem to exist before. Would it have been helpful, if it had been obtainable, to have had a debate and a vote in the other place in which there could have been some endorsement of the Government’s approach before the meeting of the Council of Ministers?

[Baroness Evans of Bowes Park]

Watching the exchanges in the House of Commons, it certainly felt like there was a more constructive tone than we perhaps saw last week. This is an extremely difficult situation. As I said, we are bringing forward these new proposals because we want a deal. We want to try to ensure that we have an agreement that can be passed by the House of Commons and that can mean we have a strong relationship with the EU going forward. I think that was recognised in quite a few of the contributions from across the House of Commons today. I very much hope we can build on that going forward. I hope we can build on it with our EU colleagues as we begin this next round of very intensive talks to hopefully break this deadlock, get a deal and move on to talking about the constructive relationship that we want going forward.

Update to Parliament

Baroness Evans of Bowes Park Excerpts

Wednesday 25th September 2019 Lords Chamber

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

My Lords, with the leave of the House, I shall now repeat a Statement made by my right honourable friend the Prime Minister in another place. The Statement is as follows:

“With your permission, Mr Speaker, I shall make a Statement on yesterday’s Supreme Court verdict and the way forward for this paralysed Parliament.

Three years ago, more people voted to leave the European Union than have ever voted for anything in our history. Politicians of all parties promised the public that they would honour the referendum result. Sadly, many have since done all they could to abandon those promises and overturn that democratic vote. After three years of dither and delay that left this country at risk of being locked forever in the orbit of the EU, this Government that I lead have been truly trying to get us out. Most people, regardless of how they voted three years ago, think the referendum must be respected. They want Brexit done. I want Brexit done. People want us out on 31 October, with a new deal if possible but without if necessary.

Sixty-four days ago I was told that Brussels would never reopen the withdrawal agreement. We are now discussing a reopened withdrawal agreement in the negotiations. I was told that Brussels would never consider alternatives to the backstop, the trap that keeps the UK effectively in the EU but with no say. We are now discussing alternatives in the negotiations. I was told that Brussels would never consider an arrangement that was not permanent. We are now discussing in the negotiations an arrangement that works on the principle of consent and is not permanent. I was told that there was no chance of a new deal, but we are discussing a new deal—this in spite of the best efforts of this Parliament to wreck our negotiations by its attempt to take no deal off the table.

The truth is that the majority in this Parliament is not opposed to so-called no deal; this Parliament does not want Brexit to happen at all. Many of those who voted for the surrender Act a few weeks ago said that their intention was to stop a no-deal Brexit. They have said every day since that Parliament must vote against any deal. The people of this country can see perfectly clearly what is going on. The people at home know that this Parliament does not want to honour its promises to respect the referendum. The people at home know that this Parliament will keep delaying and sabotaging our negotiations because it does not want a deal.

The truth is that many Members of Parliament are living in a fantasy world. They really imagine that somehow they are going to cancel the first referendum and legislate for a second referendum, and that Parliament will promise that this time it really, really promises to respect the vote, the public will believe it, vote to remain and everyone will forget the last few years.

This is an extraordinary delusion, a fantasy even greater than the communist fantasies peddled by the Leader of the Opposition. It will not happen. The public do not want another referendum. They want—they demand—that we honour the promise we made to the voters to respect the first referendum. They also want us to move on: to put Brexit behind us and focus on the NHS, violent crime and the cost of living.

That is why I brought forward a Queen’s Speech. My Government intend to present a programme for life after Brexit. But some Members of this House could not stand that either. Instead of facing the voters, the Opposition turned tail and fled from an election. Instead of letting the voters decide, they ran to the courts. Despite the fact that I followed the exact same process as my predecessors in calling a Queen’s Speech, the Supreme Court was asked to intervene in this process for the first time ever. It is absolutely no disrespect to the judiciary to say that I think the court was wrong to pronounce on what is essentially a political question at a time of great national controversy. So we have Opposition MPs who block and delay everything, running to the courts to block and delay even more, including legislation on the NHS and keeping violent criminals in jail.

The people outside this place understand what is happening. They know that nothing can disguise the truth about this Parliament. It is not just that this Parliament is gridlocked, paralysed and refusing to deliver on the priorities of the people. It is not just unable to move forward: it is worse than that. Out of sheer political selfishness and cowardice, this Parliament is unwilling to move aside. They see MPs demanding that people be given a say, then running scared from the election that would provide them with one. Worst of all, they see ever more elaborate legal and political manoeuvres from the party opposite, which is absolutely determined to say “We know best” and thumb their noses at the 17.4 million people who voted to leave the European Union. The leader of the Opposition and his party do not trust the people. They are determined to overthrow the referendum, regardless of the cost. They do not care about the bill for hundreds of millions of pounds that comes with every week of delay; they do not care if another year or more is wasted arguing about a referendum that happened three years ago. All that matters to them now is an obsessive desire to overrule the referendum result.

While we want to take our country up a gear to go forward with a fantastic accelerated programme of investment in infrastructure, education and technology, they are throwing on the handbrake. We will not betray the people who sent us here; we will not abandon the priorities that matter to the public and we will continue to challenge Parliament to uphold democracy. If honourable and right honourable Members so disagreed with this Government’s commitment to leaving on 31 October, they had a very simple remedy at their disposal: they could have voted for a general election. I have to confess that I was a little shocked to discover that the party whose members stood up in Brighton this week and repeatedly, in the most strident terms, demanded an election, is the very same party whose members have already this month—not once but twice—refused to let the people decide on their next Government. For two years, they have demanded an election, but twice they have voted against it.

The leader of the Opposition changes his mind so often. Does he know whether he supports an election today or have the shadow Chancellor and the shadow Attorney-General overruled him again? They know that the voters will judge their manifesto for what it is in three words: more pointless delay. Is he going to demand an election and vote against it, just as he says he wants to negotiate a new Brexit deal and then vote against it? Is he actually going to vote no confidence in this Government? Is he going to dodge a vote of no confidence in me as Prime Minister to escape the verdict of the voters? Does he even want to be Prime Minister any more? He says the Prime Minister should go to Brussels on 17 October and negotiate another pointless delay, but he does not want to do this himself. Even if he did, his own colleagues would not let him because, quite frankly, they recoil at the idea of him negotiating on the people’s behalf, representing this country, with the likes of the EU, let alone Vladimir Putin. Or is that what he wants—a Conservative Government? It would be a curious state of affairs indeed if Her Majesty’s loyal Opposition had every faith in the Government of the day, so if the party opposite does not, in fact, have confidence in the Government, they will have a chance to prove it. They have until the House rises today to table a Motion of no confidence in the Government and we can have that vote tomorrow. Or, if any of the other smaller parties fancy a go, they can table the Motion and we will give them time for that vote. Will they have the courage to act or will they refuse to take responsibility yet again and do nothing but delay? Let us have a vote—a proper one, not the kind of dodgy show of hands we saw at their conference—and see where that leads. Why would they not? What are they scared of?

It is now well over three years since the people of the United Kingdom voted in record numbers to leave the European Union. As I commend this Statement to the House, I say it is time to get Brexit done: get Brexit done so we respect the referendum; get Brexit done so we can move on to deal with the NHS and the cost of living; get Brexit done so we can start to reunite the country after the divisions of the referendum. It is time for this Parliament finally to take responsibility for its decisions. We decided to call that referendum; we promise to respect it. The people have had enough of it: this Parliament must either stand aside and let this Government get Brexit done or bring a vote of confidence and finally face the day of reckoning with the voters.

I commend this Statement to the House”.

[Noble Lords]

Shame!

--- Later in debate ---

[Lord Wallace of Tankerness (LD)]

My Lords, I thank the noble Baroness the Leader of the House for repeating the Prime Minister’s Statement, which is more of a rant. Little did I think it would only take two months for us to wish to see the return of Theresa May, comparing this with the kind of Statements she had to read out during her tenure.

My noble friend Lord Newby is in Sydney and asked me to stand in. I apologise that I was not present earlier to ask the Urgent Question in my name. I was on a plane that was delayed getting into Gatwick Airport.

There are lots of things I find difficult to take about the Statement. The Prime Minister rants against Parliament. He describes the legislation that this House passed earlier this month is described as a “surrender Act”. That is insulting. I also find it difficult to accept that coming from a man who, if he really wanted Britain to leave the European Union, could have voted for the deal that was put before the House of Commons. Two times out of three he did not support it, which is indicative of the man. In fact, the one time that he supported the deal it included the backstop, which he now describes as undemocratic. We have a Prime Minister who is prepared to support something when it suits him although he actually believes—or at least says he believes—that it is undemocratic.

Amid the inevitable furore, let us take a step back and consider what, at the core, the Supreme Court’s decision yesterday was about. In giving advice to the Queen, the Prime Minister acted unlawfully and accordingly, the purported Prorogation of the present Session of Parliament was of no effect. As the judgment of the Supreme Court stated, it was,

“as if the Commissioners had walked into Parliament with a blank piece of paper. It too was unlawful, null and of no effect”.

That is both profound and momentous, and I believe it requires contrition and humility, not the kind of bombast that we have heard this evening.

As the noble Baroness, Lady Smith of Basildon, indicated, it is a comment on her prescience and that of my noble friend Lord Newby that they decided to have no part in that Commission. I have probably known the Lord Speaker for over 35 years, as I have known the noble and learned Lord, Lord Hope of Craighead, for over 40 years. I do not believe for one moment that they, in the words of the judgment, were,

“carrying out the Queen’s bidding”,

in a way which was not in good faith. I believe that is the case but I am not quite sure the same could be said about the Leader of our House, the noble Baroness, Lady Evans. She has some questions to answer, both as Leader of your Lordships’ House and as one who attended that Privy Council meeting at Balmoral when the unlawful order was made.

In the Supreme Court and the Inner House of the Court of Session, the judges placed much weight on the fact that in neither the Cherry case nor the Miller case was any explanation given by the Government as to why an exceptionally long period was required for this purported Prorogation. The Statement from the Prime Minister refers to,

“the exact same process as my predecessors”,

but the evidence of Sir John Major in the Supreme Court blew out of the water the proffered explanation that it was needed to prepare a Queen’s Speech. Does the noble Baroness have any other explanation? She must have known from precedent that five weeks was not needed. Indeed, when I asked her why no recess dates had been set for the conference season earlier this month, she told me, “There’s always been a conference recess for as long as we can remember”. For as long as we can remember, there have never been five weeks needed for a Prorogation. Did she, as the noble Baroness, Lady Smith of Basildon, asked, have sight of the legal advice? Did she ask for sight of it? As a member of the law officers’ trade union, I uphold the convention that one should not lightly disclose law officers’ advice. But as the noble Baroness, Lady Smith, has said, the fact that legal advice was sought in itself suggests that to seek a Prorogation in these circumstances was on dodgy ground.

In response to the earlier repeat of an Urgent Question to the Attorney-General by the noble Earl, Lord Howe, my noble friend Lord Campbell of Pittenweem and the noble Lord, Lord Browne of Ladyton, asked why no Minister—let alone the Prime Minister—had sworn an affidavit to put before the court to explain the reason for such an exceptionally long period of Prorogation. They asked whether it was because they did not wish to perjure themselves. Can the noble Baroness explain why no affidavit was forthcoming from either the Prime Minister or any member of this Government?

Reading the judgment, there are two key features in why the Supreme Court reached the view that it did. It believed that the sovereignty of Parliament was being undermined if the Prime Minister could advise a Prorogation for an exceptional length of time; and that Parliament has a key role in holding the Executive to account, which would be frustrated by an exceptionally long Prorogation. There is of course a distinction between Prorogation and recess: during Prorogation, committees cannot meet and Parliament cannot be recalled, except in very exceptional circumstances. The subject matter of the Statements and UQs that we have had today—on the collapse of Thomas Cook, Operation Yellowhammer and the situation in Iran, to which one could add issues such as the granting of an arms export licence to Saudi Arabia in contravention of a court order—illustrates just how crucial it is that Parliament is able to hold the Government to account. Yet this Government wanted to frustrate that for five weeks.

In paragraph 61 of the judgment, the Supreme Court says:

“It is impossible for us to conclude, on the evidence which has been put before us, that there was any reason—let alone a good reason—to advise Her Majesty to prorogue Parliament for five weeks, from 9 or 12 September until 14 October”.


Ministers have rightly said that they will respect the Supreme Court’s judgment, but as the Statement from this Prime Minister makes clear, they then say that they think the Supreme Court got it wrong. Will the noble Baroness, Lady Evans, tell us, specifically, which parts of the Supreme Court’s judgment are wrong and why? Does she support the sovereignty of Parliament? Does she support the idea that Parliament should hold the Executive to account? Does she accept that Prorogation for such an extended period of time would have undermined both these cardinal principles of our constitution?

While the Supreme Court did not speculate on motive, the Inner House of the Court of Session, reaching the same conclusion, did consider motive. Lord President Carloway, at paragraph 53 of his judgment, said:

“The circumstances demonstrate the true reason is to reduce the time available for the scrutiny of Brexit at a time when such scrutiny would appear to be a matter of considerable importance”.


The Supreme Court neither disapproved nor disavowed the findings of the Court of Session. It is clear that senior judges did not find credible the public explanation of the Prime Minister of why he sought a Prorogation of such exceptional length; it is quite a staggering conclusion for the court to reach and quite an indictment of this Administration. Will the noble Baroness confirm, given this Administration’s track record, that if no deal is reached by 19 October, the Prime Minister will abide by the law passed by Parliament just before the attempted Prorogation—no ifs, no buts, and no second letters?

I understand that this morning Mr Michael Gove described the Prime Minister as the Pep Guardiola of British politics. Let us look at his record since he came into office just two months ago: parliamentary by-elections—lost 1-0; House of Commons votes—lost 6-0; appearances before the Supreme Court—lost 11-0. If Pep Guardiola had that record, I am sure that he would be considering his position—it is time the Prime Minister did likewise.

[Baroness Evans of Bowes Park]

I thank the noble Baroness, Lady Smith, and the noble and learned Lord, Lord Wallace, for their comments. First, can I say that this Government have the highest respect for our judiciary? The independence of our judiciary is a fundamental part of the rule of law and the basis of our democracy—I am very happy to put that on record.

The noble Baroness, Lady Smith, was, of course, right to say that the Supreme Court judgment was unanimous, but she will also recognise there were disagreements in relation to these complex matters. The divisional court, led by the Lord Chief Justice, agreed unanimously with the Government’s position, as did Lord Doherty in the Outer House of Scotland. We were disappointed in the end that the Supreme Court had a different view, but, of course, we entirely respect their judgment, and they had every right to do so.

The noble and learned Lord, Lord Wallace, asked about an affidavit. The reasons for the decision were set out in the documents that were provided to the court, and the Government’s written case remains available on the website. The court did not say that the Prime Minister should have given evidence, and my understanding is that it would have been unprecedented for him to have done so. Ultimately, the court did not find the evidence justified Prorogation—we regret that, but that is a matter for the court to decide, and they have done so. The noble Baroness, Lady Smith, asked about my attendance in the Privy Council. Before attending the meeting of the Privy Council, I both sought and received confirmation that in the legal opinion of the Attorney General, the Prorogation was lawful and so I believed it was appropriate for me to do my duty as a Privy Counsellor as I was asked to do. I also took part in the Prorogation ceremony as part of my role as the Leader of the House, and I can say I did so in the utmost good faith. The noble and learned Lord, Lord Wallace, also asked about whether the Government would comply with the law: we will.

[Lord Cormack (Con)]

My Lords, I have every sympathy with my noble friend, but that was the most disgraceful Prime Ministerial Statement I have heard in my 50-odd years in this Parliament. What is he trying to do? Set up an election that is the people versus Parliament—that is what he is trying to do. If that is what he does, he will cause enormous and lasting damage to both Houses and to the constitution of the finest country in the world. The Prime Minister has made me ashamed, more than I have felt ashamed for a long time—and I have felt ashamed a lot over the past three years. The Prime Minister’s disgraceful Statement is something that appals us all. Will my noble friend, for whom I have personal regard and deepest sympathy, please convey to him just how angry he has made many of us?

[Baroness Evans of Bowes Park]

I thank my noble friend for his comments; he made his point forcefully and I am sorry about the way he feels. I assure him that we are working hard and flat out to get a deal. That is what we want to do, that is what we are focusing on, and the Prime Minister has put a lot of effort and energy into doing so. Talks are taking place between officials in Brussels today. At UNGA only a couple of days ago, he had a number of conversations with, for instance, Chancellor Merkel, President Macron, Prime Minister Rutte, the Taoiseach and EU Council President Tusk. We are focused on getting a deal so that we can leave the EU in the manner that we all wish.

[Lord Winston (Lab)]

My Lords, I am deeply sorry that the noble Baroness feels the necessity, as she of course does, to give this Statement from the Prime Minister. It is deeply embarrassing, and I am sure that she felt embarrassed. I felt very sorry for her until I heard her response to our Front Bench and that of the Liberal Democrats. I increasingly feel that, as she has represented the House of Lords, and as she was one of the three people who delivered this illegal information to the Queen, has she considered her own position in representing the House of Lords as its Leader?

[Baroness Evans of Bowes Park]

As I said, I went to the Privy Council meeting as requested and I did so in good faith. At that point, until the judgment of the Supreme Court, the advice was lawful and the Attorney-General considered that it was sound advice. The Supreme Court has made a judgment that has changed the law. Obviously, that means that the situation has changed, but I did what I was asked to do in good faith and on the basis of the legal advice that was given at the time.

[Lord Judge (CB)]

May I seek to reduce the temperature? The judgment of the Supreme Court will be of considerable constitutional significance for centuries. Brexit will have come and gone. We may have got back in, come out again, got back in and come out again, but this judgment will still retain the authority that it has. The Statement from the Prime Minister reminds me that one of his Ministers suggested that the judgment represented a coup by the judiciary. Well, I was in Canada at the time and did not have my English dictionary there, but it is a very strange coup that orders the Executive to open the gates of the House of Commons and the House of Lords so that the Members of both Houses may say that which they are free to say. The Statement was rather along those lines, and therefore a disappointment.

What is demonstrated by this judgment is that where the Executive exercise a pretended power—I use the word quite deliberately and advisedly, because I lift it direct from the Act of Settlement following the Bill of Rights—to silence Parliament, to avoid its scrutiny by shutting it down, the courts will step in to support and protect Parliament, the legislature, against the Executive. The last time I can think of when Parliament was closed down was when Oliver Cromwell went into the House of Commons and told them all to go home. This does not happen very often, so in a sense the decision of the Supreme Court was a revolutionary decision—but thank goodness it does not happen very often.

There is a simple way of looking at the judgment, and I shall not go beyond this. It is simply a modern manifestation of our ancient constitutional aversion to arbitrary, unchecked exercise of executive power. That is what this judgment is, that is why it matters and why, when some Government in far-off days to come decide that they too might take the arbitrary step to prorogue weeks before it is necessary, they might return to this judgment and remind themselves of these ancient constitutional principles.

But there is something else. Forgive me: I understand the deep political passion of the speeches we have heard. I also understand the amount of political froth that can be generated by an examination of these questions and I can understand how we can spend hours, like children in the playroom, saying, “The Prime Minister has been humiliated by this judgment”. “Oh, no, he hasn’t—he’s had a setback”. “Oh, no, he hasn’t”. Can we just remember what the point of this judgment is? We have more time. We are overlooking that this is the point of the judgment. We have more time to sort out the mess into which our political processes have led the Brexit debate, a mess that is damaging our public’s attitude and belief in their own political systems day by day. My question for the Minister—I put it to members of all parties—is, what are we going to do with the time we have been given?

[Baroness Evans of Bowes Park]

I thank the noble and learned Lord for that contribution. He is absolutely right that this has significant implications. We accept the judgment and accept that we lost the case, and he is absolutely right that this judgment will be something everyone will adhere to and look to going forward. As for what we do next, my noble friend the Chief Whip has set out business for the rest of this week and we are having discussions through the usual channels about business for next week. Those discussions will continue. Noble Lords have been very clear about the importance of continuing government business—they will see that tomorrow, for instance, we are continuing to look at various statutory instruments. We hope to have other legislation to bring forward, but of course we will talk with the usual channels to make sure we make the best of the time we have and work with the House to ensure that we are covering topics that people want to discuss.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, has the Leader of the House come to the conclusion that the nature and tenor of this Statement confirm that the prorogation was indeed a political act, and that that is why there was no sworn statement to the court? I have great respect, personally, for the Leader of the House. Indeed, I would go so far as to say I have an affection for the Leader of the House. She has been particularly kind to me recently. She attended as one of the three privy counsellors, and she misled Her Majesty the Queen. She has said quite clearly, and I accept it, that she did it in all good faith: she was herself misled before she went to see the Queen at that Privy Council meeting. I am not going to say that she should consider her position at this point, but is she not going to find it increasingly difficult to come to this House, where as Leader she represents the whole House, and repeat the kind of Statement we have just heard from this discredited Prime Minister?

[Baroness Evans of Bowes Park]

The reaction of the noble Lord, and this House, to the Statement have been quite clear. There is not much I can say: I am repeating the Statement, but I have heard what the House feels about it. All I can say to the noble Lord is that I continue to try to be—I am—the voice of the House of Lords in Cabinet. I speak for this House, I put forward the representations of this House and I am very happy to put forward the representations I have heard in the Chamber today. I thank him for his kind words. As I mentioned to the noble and learned Lord, Lord Wallace, the court did not say that the Prime Minister should have given evidence, and my understanding is that it would have been unprecedented for him to do so.

[Lord Howell of Guildford (Con)]

To try and strike a more positive note, has my noble friend noticed, in the last eight or 10 days, that the great organs of the media—the Financial Times, the Times, the Telegraph, and indeed the Daily Mail, but also Sky television and the BBC, have all changed their tune? They all said a fortnight ago that any change in the withdrawal agreement was impossible and could not reopened, and that they had heard it from Brussels that there could be no shifting on the Irish border situation. They are now all arguing that maybe it is possible that all the constituencies involved, in Belfast, Dublin, Brussels, and here in the House of Commons, may be coming together on changes that make it possible for there to be an invisible border with, nevertheless, the integrity of the EU and of the United Kingdom preserved. Would she like to bear that in mind, and might that not bring a little cheer to this rather gloomy debate?

[Baroness Evans of Bowes Park]

I thank my noble friend. He is right that progress is being made. I am not saying that there are not significant hurdles still to get through—there are; but we are having constructive talks. As I said, talks are going on today and there will be a further schedule of meetings going on. We have been having detailed discussions focused on finding an alternative to the backstop. Ideas that we have put forward to avoid a hard border include alternative customs arrangements, alternative arrangements for ensuring regulatory compliance, a single SPS area for Ireland and how to ensure consent from Northern Ireland. We are discussing these issues and are making progress. That is an absolute focus of this Government, because we want to achieve a deal. Obviously, the EU Council meeting in the next couple of weeks will be a critical part of that process.

[Baroness Donaghy (Lab)]

May I ask the Leader of the House for an assurance that the tone of this Statement goes against everything that this House stands for and, I think, everything that the House of Commons stands for? We live in dark times, where MPs receive death threats. They are trolled; they receive the most obscene messages on any of the media communications that they have. We have had one MP who was actually murdered. These are the kind of words that come out in the Statement:

“Out of sheer selfishness and political cowardice, this Parliament is unwilling to move aside. … They do not care about the bill for hundreds of millions … they do not care if another year … is wasted”.


The noble Baroness has huge respect for her fight on equal opportunities and against bullying and harassment. Will she use her good offices in Cabinet to try to undermine this kind of attitude? I believe that we are putting the health and safety of our Members of Parliament in danger with this kind of behaviour.

[Baroness Evans of Bowes Park]

I thank the noble Baroness and pay tribute to her work and the support she has shown in this area as well. I am very aware of the environment within which we are all working in this House and in the House of Commons and the incredible job that Peers across the House and MPs across the House of Commons do to represent their constituents to put forward important views, discuss and debate them, and scrutinise legislation. This House made very clear to me today, and also more broadly, its concern about the tone used in the Statement. That is clear; I will reflect that back.

[Lord Campbell of Pittenweem (LD)]

My Lords, my initial indignation about the Statement has been replaced rather by disappointment. Let me begin by saying that I have very great sympathy with the Leader of the House having to repeat this. It is a Statement that is vacuous; it lacks contrition or substance; and it fails, in my view, to make the kind of public apology to Her Majesty the Queen that is necessary in circumstances where she has been drawn into the political arena—not helped, if I may say so, by some of the observations of a previous Prime Minister.

The Statement says that:

“It is absolutely no disrespect to the judiciary”,


but that is the oldest form of weasel words. It goes on to say:

“the court was wrong to pronounce on what is essentially a political question at a time of great national controversy”,

emphasising the belief that the court was wrong. Then we look at the next paragraph, which says:

“So we have Opposition MPs who block and delay everything, running to the courts”.

What is that other than deliberately pejorative language, no doubt for the purpose in mind? To “block” is a pejorative word and “delay” even more.

Then we come to the least attractive feature of this Statement, which says that measures are delayed,

“including legislation on the NHS”,

suggesting that those that who run to the courts obstruct the good practice and the expansion of the National Health Service. If ever there were a piece of sleight of hand, to put it mildly, it is contained in that. Even more so is,

“and keeping violent criminals in jail”.

So those who went to court are to be blamed for adverse effects on the National Health Service and on keeping violent criminals in jail. That is why I am disappointed.

The Prime Minister had an opportunity to rise to the occasion, but he chose not to take it. I fear that that is precisely the judgment that not only Members of this House have formed, but which the public increasingly will form. It says a great deal about this Prime Minister—I will not rehearse his failures, as put so eloquently by my noble and learned friend Lord Wallace—that, at a time such as this, he is incapable of rising to the occasion.

I ask the Leader of the House one question: why did she feel it necessary to ask to see the legal advice about Prorogation? If Prorogation is a routine matter, as has been suggested, why was it necessary for her to be shown the legal advice that justified it? The inference that some might draw is that this was already accepted to be an unusual Prorogation.

[Baroness Evans of Bowes Park]

First, the Prime Minister and this Government have made it clear—it was the first thing that I said in response to the first comments—that we have the highest respect for our judiciary, their independence and the work that they do. I am happy to put that on record again. In relation to the noble Lord’s question about the legal advice, as I said, I sought and received confirmation that the Prorogation was lawful. Therefore, on that basis, I attended the Privy Council.

[Lord Davies of Stamford (Lab)]

My Lords, I shall be exceedingly brief. A quality shines through the whole of this affair which is reflected in the way that the Prime Minister casually contemplated breaking the law. It was certainly reflected in his attitude towards Prorogation, in his complete lack of any kind of contrition in the light of the court’s judgment and in the appalling drafting of the Statement that the noble Baroness read out to us this afternoon. That quality is arrogance or, if noble Lords prefer a Greek word, hubris. Those closer to the Prime Minister than I am or wish to be, or those who hope for a political future for him, might do well in the next few days to ask him whether he wishes that quality to be the mark of the rest of his Administration, whether that be short or long.

[Baroness Evans of Bowes Park]

All I can say to the noble Lord is that we acted in good faith and in the belief that our approach was lawful and constitutional. I know that the noble Lord is extremely concerned about the negotiations with the EU and ensuring that we come to a good deal. The Government are fully committed to the negotiations and are attempting to achieve a result so that we can have a strong, positive relationship with our EU partners going forward, we can leave the EU with a deal that is good for both sides and we can build on the strong relationship that we want to have going forward.

[The Lord Bishop of Durham]

My Lords, speaking on behalf of these Benches, I struggle to have to say that I was shocked as I listened to the repeat of the Statement. I could not believe that I was hearing it, from someone who knows that the nation is deeply divided and needs to find ways of working together. We need humility, repentance when necessary and an approach that listens carefully to the views of others rather than simply “Attack, attack, attack”. The Leader was not in the House earlier when my most reverend friend the Archbishop of Canterbury was here, but I encourage her to read his comments about the need for reconciliation—to find a different way forward to work together that is good for the nation. In one sense I am simply adding to the mood of the House as a whole, but I come at it from a very different point of view; I am not part of a political party and I have no axe to grind. I simply want to reflect that this was terrible. It was shocking. It is not worthy. I am sorry.

[Baroness Evans of Bowes Park]

My noble friend spoke to me following the most reverend Primate’s comments earlier, and I look forward to reading the words that he said; I know that he has said a lot on this issue publicly and has concerns in this area. We will look to work on them.

[Lord Horam (Con)]

My Lords, I want to follow what the right reverend Prelate the Bishop of Durham said about the need for compromise and the abhorrence of confrontation. I said in my speech in the debate that has just been interrupted that confrontation is the wrong way forward. Can I raise a separate and slightly more rational—or less emotional—issue? There was surprise, I think among jurists as well as lay men, that the decision of the Supreme Court was unanimous, with all 11 judges coming to the same conclusion. Yet on the issue of justiciability, there was not unanimity between the High Court in England and the Scottish court. Clearly, there is an issue, particularly because, as I understand it, the way in which the Supreme Court put it was that the action of the Prime Minister was unlawful in these rather unusual circumstances. As a lay man who is not a lawyer, I would like the issue of when an action of the Prime Minister is judiciable to be explored further, so that Parliament and people generally can understand where we are.

[Baroness Evans of Bowes Park]

My noble friend is right that this was a complex matter. As I said in an earlier answer, there were differing views among different courts and senior and distinguished lawyers. However, as the noble Baroness said, the Supreme Court came to a unanimous verdict. As the noble and learned Lord, Lord Judge, said, the ruling will have a long-reaching and long-lasting impact, and we will all reflect on that over the coming months.

[Baroness Symons of Vernham Dean (Lab)]

My Lords, what I am about to say in no way reflects on the noble Baroness’s good faith. I do not think that anybody in this House has any doubt that she is doing her best. Personally, like my noble friend Lord Winston, I genuinely feel extremely sorry that she has had to deliver such an extraordinary rant to your Lordships. I say very gently to her I am sorry, too, that she was not here for the three earlier debates this afternoon. I know that it is difficult to prepare for questions—I have been Deputy Leader of the House and know exactly what it is like when you are in a difficult situation—but she really might have listened in person to some of what was said, and then she might have been able to understand the feeling of this House about what has happened.

The Supreme Court’s judgment was not nuanced. As we all know, it was completely unanimous. I do not know whether the noble Baroness listened to the judgment by the President of the Supreme Court. It was extraordinarily lucid and absolutely clear. You did not have to be a politician to understand it, because it was very clear what was being said by all 11 judges. They are not all politically fixed; they have many different backgrounds. It was unequivocal, and nothing in the Statement acknowledges that.

I have two questions for the noble Baroness; I am sorry because I expect they are rather difficult to answer. She is a member of the Cabinet and says she was told by the Attorney-General that the proroguement was lawful. Did she see the Attorney-General’s advice? That is the crucial question that the noble Baroness has to answer. Did she ask to see the advice, and did she see it? Or, like Amber Rudd, did she ask to see it, was told that she would see it and believes that it was intercepted by Downing Street?

Secondly, was the issue of the proroguement discussed in Cabinet? Was it discussed round the Cabinet table, not in little side conversations, or did the Prime Minister seek to do the same thing that he has done with Parliament—bypassing Parliament and the Cabinet too? Those are two very straightforward questions which really deserve yes or no answers.

[Baroness Evans of Bowes Park]

In relation to the noble Baroness’s point about the decision, I have said repeatedly that we accept the judgment and we accept that we lost the case. I will not comment on Cabinet discussions—I never have, and I am not going to start now. As I said, I was not stopped from seeing the legal advice; I sought and received confirmation of it from the Attorney-General and that he believed that the advice was lawful.

[Baroness Symons of Vernham Dean]

Did you ask for the advice?

[Baroness Evans of Bowes Park]

I did not ask for the advice; I accepted the word of the senior law officer that in his view it was lawful and constitutional. I am not a lawyer and I took that in good and sound faith and believed at that point that his advice was lawful. Indeed, as we have said, other distinguished lawyers agreed. The Supreme Court has made a ruling that is different—we accept that and we will abide by it. When I went to the Privy Council meeting, I did it on the back of the legal advice that the senior lawyer had given.

[Lord Caine (Con)]

My Lords, my noble friend referred to alternative arrangements in Northern Ireland. She will be aware that there has been some speculation in recent days and weeks, particularly following the Prime Minister’s visit to Dublin, that the idea of a Northern Ireland-only backstop might be put back on the table as an option. Whatever bespoke arrangements might be made, will she give me a categorial assurance that there will be no question of Northern Ireland ever being placed in a separate customs union to Great Britain, the effect of which would be to create a hard border within the United Kingdom and to undermine the consent principle in the Belfast agreement?

[Baroness Evans of Bowes Park]

We have made very clear our continuing commitment to the Belfast agreement in ensuring that we do everything to uphold it. We have also been very clear about the importance of the union and ensuring that as a United Kingdom we leave the EU together. We recognise that, for reasons of geography and economics, agri-food is increasingly managed on a common basis across the island of Ireland, and we are ready to find a way forward that recognises this reality, provided that it enjoys the consent of all parties and institutions with an interest.

[Lord Inglewood (Non-Afl)]

The noble Baroness the Leader of the House said—and I paraphrase—that the Prime Minister disagreed with the decision of the Supreme Court. That being the case, it seems to me that there are really only two possible ways of disagreeing: one is that, as a non-qualified person legally, he disagreed with the 11 judges of the Supreme Court on grounds of law, or, alternatively, that the Supreme Court did not allow itself to be swayed by political considerations. Will the noble Baroness please tell me which is the case?

[Baroness Evans of Bowes Park]

The Supreme Court looked at the evidence before it and at the Government’s case and unfortunately the judgment went against the Government. The Supreme Court has made its decision; the legal position is now clear. We have accepted that judgment and we accept that we have lost the case.

[Lord Clark of Windermere (Lab)]

My Lords, I had not intended to participate. I entered Parliament at the same time as the noble Lord, Lord Cormack, and have heard hundreds of Statements, but I have to say that this Statement is the most disgraceful that I have ever heard. It is not the disgrace or the politics that concern me, but that it is a dangerous Statement—incredibly dangerous. We are going through a period where democracy in Britain is being challenged in a way that it has not been since the 1930s. I pick that date quite deliberately.

As we have already heard today, MPs are under severe threat. I loved doing that job, but I am very glad that I am not an elected Member of Parliament these days. One Member has already been murdered and another was not only threatened but action was planned for her murder. The person perpetrating, or about to perpetrate, that crime ended up in court and was given a prison sentence. There are other cases that we do not know or talk about.

My point—and I would be very grateful if the noble Baroness would pass it on to the Cabinet; I am sure she will—is that we must be very careful with the words that we use if we are not going to enflame the situation in a nation that is almost split in half. As the right reverend Prelate the Bishop of Durham has already said, we all need to approach this with humility and try to be positive in finding our way forward.

[Baroness Evans of Bowes Park]

The noble Lord makes a powerful point and does so extremely well. It will certainly be reflected on. I have already made a commitment to the House that I will pass on to my Cabinet colleagues the views of this House and the concerns that have been raised.

[Lord Harris of Haringey (Lab)]

My Lords, I think the whole House is sympathetic to the noble Baroness the Lord Privy Seal. We understand the position that she is in. I accept, and I think all my colleagues accept, that she personally has sought to act in good faith throughout this. However, the Supreme Court has found that the advice given to the Queen was unlawful. The noble Baroness was part of that process—again, I accept that she was acting in good faith—but the response has been to say nothing other than, “We accept the decision of the court”. Where is the apology to the Queen? Where is the apology to both Houses? Where is the apology to the public? We have talked about trying to lower the temperature and trying to avoid a situation in which there is more violence in public life. Perhaps some show of contrition from the Government would be helpful at this point.

I closely observed the present Prime Minister during his eight years as Mayor of London. I know that it is not necessarily part of his nature to be contrite, but perhaps, on his behalf, the noble Baroness could say now that she accepts that this was wrong and that the Government apologise. Looking at the faces of some of her colleagues behind her, I think that that would be well received on her Benches as well as by the rest of the House.

[Baroness Evans of Bowes Park]

As I have said repeatedly to noble Lords, we did act in good faith. The Supreme Court has found against the case that we put forward and we accept that. We will reflect on that judgment and we will abide by it. The Prime Minister has spoken to the Queen—I have no idea what that conversation involved—and, as I have said, I will reflect back the views of this House and its reaction to the Statement today.

[Lord Greaves (LD)]

My Lords, in my lifetime, from Mr Attlee to Mrs May, there have been, I think, 13 Prime Ministers before the present one. Would the Leader of the House like to hazard a guess as to how many of them would not have thought it necessary to tender their resignation in the face of such a shattering and astonishing decision against them by the Supreme Court? Secondly, I think she said that the Supreme Court had changed the law. I am not a lawyer but I watched a lot of the Supreme Court proceedings with fascination, as no doubt many other noble Lords did. The very clear impression I got was that the Supreme Court was not trying to change the law; it spent a lot of time trying to establish exactly what the law is and, having decided that, then had the decision to make as to whether or not it had been broken.

[Baroness Evans of Bowes Park]

In the other place, the Attorney-General said:

“The Supreme Court has made new law … from now on, the prerogative power”,


can be a justiciable subject and the implications,

“for the future of our constitutional arrangements will have to be reflected upon”.

[Lord Ricketts (CB)]

My Lords, the striking unanimity in this House will not be missed abroad. Our European partners will be reading this Statement as much as we are. The Prime Minister has some interesting comments about the state of the negotiations and takes a very optimistic view of the likelihood of negotiating changes to the withdrawal agreement. One of the things European leaders will want to judge in deciding whether to make any moves in negotiations is whether the Prime Minister can get another deal through Parliament. I wonder whether the noble Baroness has any thoughts on how they will judge that likelihood in the light of the tone of this Statement towards his own Parliament.

[Baroness Evans of Bowes Park]

The Prime Minister has been making it very clear to our European colleagues that the biggest issue MPs in the other place had in relation to the withdrawal agreement that was put forward was the backstop. That is why intensive efforts have been focused on trying to amend and change that element, because that is what raised most concerns. That is what he has been talking about with other leaders—I mentioned a number of them who he has been speaking to—and that is the focus of meetings with officials in Brussels. That is the focus because we want to get a deal. We are working very hard to get a deal and we are honing in and focusing on the element that MPs were particularly concerned about, which was a reason that the deal did not get through, despite three attempts to get a vote in favour of it from the other place.

[Lord Empey (UUP)]

My Lords, following on from the comments made by the noble and learned Lord, Lord Judge, and the noble Lord, Lord Howell, about the use of time, we have spent far too long arguing about the outcome of a referendum and very little time on possible solutions. Will the Leader of the House tell me whether, during her discussions with the usual channels, some attempt will be made to give Members the opportunity to look at, debate and try to provide alternatives? That is the only way we will solve this. There is nobody in Parliament, in any party, who has completely clean hands on the issue of where we are today. Some people were advocating referenda years before anybody else and other people have been arguing the toss since it happened—554 Members of the other place voted for it. Can the Leader of the House ensure that, in discussions with the usual channels, we are given that opportunity? Some of us have ideas as to how we can replace the backstop with something that will work. People want a solution to this and that is what Parliament is supposed to do.

[Baroness Evans of Bowes Park]

The noble Lord is absolutely right. I know he has been doing a lot of work in this area. A lot of work has been going on, both in working groups within government and externally. Ideas have been generated from Members across this House and from colleagues in the other place. He will be pleased to see that my noble friend the Chief Whip is sitting next to me, who I am sure has heard what the noble Lord said. We all want to come to a point where we can have a good deal with the EU, so that we can leave and have a strong relationship going forward. That is what we are focused on. All contributions, help and thought towards achieving that are what we want; we want to come together so that we can move on, focus on the issues that matter to the British people and develop a strong, positive relationship with the European Union going forward.

Prorogation: Her Majesty’s Speech

Baroness Evans of Bowes Park Excerpts

Monday 9th September 2019 Lords Chamber

My Lords and Members of the House of Commons, I pray that the blessing of Almighty God may rest upon your counsels.

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

My Lords and Members of the House of Commons, by virtue of Her Majesty’s Commission which has now been read, we do, in Her Majesty’s name, and in obedience to Her Majesty’s Commands, prorogue this Parliament to the 14th day of October, to be then here holden, and this Parliament is accordingly prorogued to Monday, the 14th day of October.

Parliament was prorogued at 1.40 am.

Royal Commission

Baroness Evans of Bowes Park Excerpts

Monday 9th September 2019 Lords Chamber

The Lords Commissioners were: Baroness Evans of Bowes Park, Lord Fowler and Lord Hope of Craighead.

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

My Lords, it not being convenient for Her Majesty personally to be present here this day, she has been pleased to cause a Commission under the Great Seal to be prepared for proroguing this present Parliament.

When the Commons were present at the Bar, the Lord Privy Seal continued:

Chair of the European Union Committee

Baroness Evans of Bowes Park Excerpts

Monday 9th September 2019 Lords Chamber

Moved by

[Baroness Evans of Bowes Park]

That the Earl of Kinnoull be appointed Principal Deputy Chairman of Committees (to be known as Chair of the European Union Committee), in place of Lord Boswell of Aynho.

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

My Lords, in moving this Motion, it would be remiss of me not to say a few words about the outgoing chairman, the noble Lord, Lord Boswell, who I am delighted to see in his place. He has served the EU Committee, and in turn this House, with such distinction.

The noble Lord, Lord Boswell, has been the longest serving chairman in the history of the EU Committee. Over the seven years and three months he has spent in the role, the committee has met 229 times and published 122 reports—he is looking quite pained at the memory. Much of the committee’s recent work and 42 of those reports have been related to Brexit. I suspect that the noble Lord may not have anticipated that Europe would be quite so dominant in the national debate when he took on the chairmanship. That his stewardship of the committee has been so calm and measured has enormously benefited the whole House, especially when tensions on these issues have run high.

The noble Lord’s dedication to European matters is recognised way beyond this House. I was told by his daughter that his eldest granddaughters used to call him Baloo. The family naturally assumed that this was a reference to the character from The Jungle Book. “No”, explained the noble Lord’s granddaughters—It was because he wears blue jumpers and is always talking about the EU. On behalf of this House, I thank him for his service to the committee and wish him well in whatever he undertakes next.

Finally, I welcome the noble Earl, Lord Kinnoull, into the role. I have no doubt that he will prove an equally able and effective chairman, and I wish him well. I beg to move.

[Baroness Smith of Basildon (Lab)]

My Lords, I am sure that the whole House will share the noble Baroness’s confidence, and mine, that the noble Earl, Lord Kinnoull, will take on this role with enthusiasm and great skill. His expertise in science and the law are key ingredients for evidence-based policy-making and analysis; that is essential, particularly at a time when some consider opinions superior to facts. We warmly welcome him to his new position.

It is also an honour to pay tribute to the noble Lord, Lord Boswell, as he stands down. I first engaged with him many years ago when I was a newly elected MP and he was the shadow Minister leading for the then Opposition on the Minimum Wage Bill Committee —he remembers it well. It still holds the record for the longest ever Committee sitting in Parliament. I seem to recall that the noble Lord, Lord Lansley, spoke many a night in that same Committee Room. Despite some very long and late nights, then as now, he displayed his customary courtesy and good humour at all times.

At a time when the issue of our membership of the EU has fractured our politics, fragmented political parties, divided society and even split families, the work undertaken by our EU Committee and sub-committees remains essential and valuable. The noble Lord, Lord Boswell, has acted at all times in the interest of your Lordships’ House to ensure that our debates would be well informed and timely. He can be proud of his record.

At times, it has been a difficult role. We hear that it has been seven years, three months—and I am sure he can tell us how many days as well. The noble Lord has always seen his work as service to this House and has been exemplary in fulfilling those responsibilities. We thank him and wish him well.

Business of the House

Baroness Evans of Bowes Park Excerpts

Wednesday 4th September 2019 Lords Chamber

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

Before the noble Baroness sits down and amendments are called, I will say a few brief words about the Motion. I am afraid I cannot agree with the noble Baroness’s description of it. I am afraid the Government will strongly oppose the Motion before the House today, because in our view it sets a dangerous precedent for the future of this House. I ask noble Lords and noble Baronesses across this House to reflect on how they would react if they were in government and faced such a Motion.

Under the terms of the Motion, I am afraid our ways of working and procedures are undermined. It limits the number of Members able to speak at Second Reading and changes the way amendments are considered and decided on, for instance. The scrutiny function of this House, which we rightly take pride in, is all but removed. Scrutinising and amending legislation is what this House does best, so the guillotining that the Bill prescribes prevents the House fulfilling its fundamental duty.

I have no doubt that, as the noble Baroness said, we will hear many concerns raised during the debate today, but I ask the House to think carefully about supporting a Motion that overturns the proven and widely respected ways in which this House operates and prevents noble Lords properly fulfilling their scrutinising role.

[Baroness Smith of Basildon]

My Lords, there are two points there. I put to the noble Baroness that the Prorogation is the guillotine. The second point I make is that, if the Government would guarantee that the normal conventions of the House would apply and we could conclude our business on this Bill in time for Prorogation, my Motion would be unnecessary. I beg to move.

Motion

Parliamentary Buildings (Restoration and Renewal) Bill

Baroness Evans of Bowes Park Excerpts

Report stage (Hansard): House of Lords
Tuesday 3rd September 2019 Lords Chamber

[Lord McNicol of West Kilbride (Lab)]

My Lords, we welcome Amendment 6 from my noble friend Lord Blunkett, and strongly support his aim to specify in the Bill that the economic and other benefits of the parliamentary building works are supported across the whole of the UK.

Businesses across the UK must benefit from the economic opportunities that large-scale, government-funded projects such as this bring. This must remain at the forefront of the sponsor body’s mind throughout the works. Contracts must be awarded to businesses across the UK, to foster and build greater connectivity between all corners of the country and the Palace of Westminster.

Despite being in London, this building represents and connects with every region, and we know that the key challenge with this project is to make all nations and regions of the UK feel engaged with it, so we support Amendment 6.

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

I thank the noble Lord, Lord Blunkett, for retabling this amendment and reassure him that we continue to support it. As he said, we spoke to it in Committee, and I emphasised the Government’s support. It was very kind of him to take the blame on his shoulders, but it is only fair to say that we were all at fault for this failing to be approved in Committee.

As noble Lords are aware, the amendment places in the Bill a requirement on the sponsor body, in exercising its functions, to ensure that opportunities to secure economic or other benefits of the parliamentary building works are available in all areas of the United Kingdom. The Government have always sought to encourage the shadow sponsor body to give thought to how the delivery authority will engage with SMEs and businesses across the UK in their work to restore the Palace of Westminster. The noble Lord alluded to this already happening on other projects being carried out on the Parliamentary Estate, such as work on the restoration of the Elizabeth Tower.

In the Commons, an amendment to spread the economic benefits across the UK gained the support of the House. However, we had some concerns with its drafting regarding procurement law, which I set out in Committee. The Government therefore committed to support the drafting and tabling of this alternative amendment, which addresses those concerns. We consider that this amendment retains the spirit of that passed in the other place, while also adhering to public procurement law, so we are delighted to support it.

Amendment 6 agreed.

G7

Baroness Evans of Bowes Park Excerpts

Tuesday 3rd September 2019 Lords Chamber

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

My Lords, with the leave of the House I shall now repeat a Statement made in another place by my right honourable friend the Prime Minister. The Statement is as follows:

“Mr Speaker, before I begin, I am sure that the whole House will join me in remembering that it is 80 years ago today that this country entered the Second World War. Although it is of course true that the horror of that conflict surpasses all modern controversies, it is also true that this country still stands, as it did then, for democracy, the rule of law, and the fight against racial and religious hatred. I know that this House is united in defending those values here and around the world.

With permission, I will make a statement about the G7 summit in Biarritz. As I speak, vast tracts of the Amazon rainforest are on fire, free trade is in retreat, 130 million girls worldwide are not in education and our oceans are being foully polluted, so it has never been more important for a global Britain to use our voice as an agent of change and progress. It is only by exerting our influence at a global level, only by sticking up for our values and beliefs, that we can create the international context for Britain to prosper and to ensure that this is the greatest place on earth to live, work, start a family, open a business, trade and invest. So, at the G7, I made the case for free trade as an engine of prosperity and progress that has lifted billions out of poverty. Yet the reality is that trade as a share of the world economy has been stagnant for the last decade.

In the leaders’ declaration, the G7 unanimously endorsed ‘open and fair world trade’; we are determined to reform the World Trade Organization and to ‘simplify regulatory barriers’. Britain is on the verge of taking back control of our trade policy and restoring our independent seat in the WTO for the first time in 46 years. We could achieve even more in our trade with the United States by using the powers that we will regain to do a comprehensive free trade deal—a deal in which President Trump and I have agreed that the NHS will not be on the table. Unlike some in this House, I consider the United States a natural ally and a force for good in the world, and I recoil from the visceral, juvenile anti-Americanism that would do such profound damage to this country’s interests.

I know that the House will share my concern about the gravity of the situation in Hong Kong. As a nation with a deep belief in freedom of expression and assembly, we stand firm in upholding Hong Kong’s way of life, guaranteed by ‘one country, two systems’. I welcome the unwavering support of my G7 counterparts on this vital matter.

The UK is at the forefront of a new campaign to end the tragic loss of species around the world. We cannot bequeath a planet where the Sumatran tiger, the African elephant and entire ecosystems, such as the Great Barrier Reef, live in the shadow of destruction. So, I am delighted that the G7 accepted UK proposals for more ambitious targets to halt and reverse the loss of biodiversity. Britain is responsible for 2.6 million square miles of ocean—the fifth-largest maritime estate in the world. Our Blue Belt programme will ensure that marine protected areas encompass 1.5 million square miles and, at the G7, I announced a further £7 million for this vital effort. I also announced another £10 million to protect the rainforest in Brazil, where 41,000 fires have raged so far this year—more than twice as many as in the same period in 2018. Britain is bidding to host the UN’s 26th Climate Change Conference next year. If we succeed, we shall focus on solutions that harness the power of nature, including reforestation.

There is one measure that would address all those issues—and if it thinks it is a waste of money, that tells you all you need to know about the modern Labour Party. That is ensuring that every girl in the world receives the education that is her right. That would not only curb infant mortality, eradicate illiteracy and reduce population pressures; it would strike a blow for morality and justice. In Biarritz the G7 therefore endorsed the UK’s campaign for 12 years of quality education for every girl in the world. I announced £90 million of new funding so that 600,000 children in countries torn by conflict, where girls are twice as likely as boys to be out of the classroom, get the chance to go to school.

As well as my G7 colleagues, I was delighted to meet other leaders, including President Ramaphosa of South Africa, Prime Minister Modi of India and Prime Minister Morrison of Australia, who heroically masked his emotions in the face of the historic innings of Ben Stokes. In every conversation I was struck by the enthusiasm of my colleagues to strengthen their relations with this country, whether on trade, security and defence or science and technology.

I was also able to use the G7 to follow up my conversations in Berlin and Paris with Chancellor Merkel and President Macron on Brexit, as well with Prime Minister Conte, Prime Minister Sánchez and President Tusk. I have since spoken to Commission President Juncker and many other leaders. I was able to make clear to them all that everyone in this Government wants a deal—we do—but it is a reality that the House of Commons rejected the current withdrawal agreement three times. That is why I wrote to President Tusk on 19 August to set out our arguments why any future agreement must include the abolition of the anti-democratic backstop—which is, by the way, opposed on all sides.

We have been clear that we will need changes to the political declaration to clarify that our future relationship with the EU will be based on a free trade agreement and giving us full control over our regulations, our trade and our foreign and defence policy. This clarity has brought benefits. Far from jeopardising negotiations, it is making them more straightforward. I believe that in the last few weeks, the chances of a deal have risen. This week we are intensifying the pace of meetings in Brussels. Our European friends can see that we want an agreement, and they are beginning to reflect that reality in their response.

President Macron said—Mr Speaker, they do not want to hear the words of our counterparts across the channel; they do not want to hear about any progress we might be making; I think they are wilfully closing their ears to the reality that our friends and partners are increasingly seeing the possibilities of a deal. President Macron of France said that if there are things which, as part of what was negotiated by Michel Barnier, can be adapted and are in keeping with the two objectives I have just mentioned—stability in Ireland, which we all support, and the integrity of the single market—we should identify them in the coming months. Is that the negative spirit of the Opposition Benches? No, it is not.

Speaking in Berlin of possible alternatives to the backstop, Chancellor Merkel of Germany said: ‘Once we see and say this could be a possible outcome—this could be a possible arrangement—this backstop is a sort of placeholder which is no longer necessary’. No longer necessary—that is a positive spirit we are not, I am afraid, hearing echoed on the other side of the House today.

I believe there are indeed solutions. There are practical arrangements that we can find which avoid anyone putting infrastructure on the Irish border. These have been well worked out and involve measures such as trusted trader schemes, transit provisions, frontier zones, reduced bureaucracy for small and local traders, and many others. In particular we recognise that, for reasons of geography and economics, agri-food is increasingly managed on a common basis across the island of Ireland. We are ready to find ways forward that recognise this reality, provided they clearly enjoy the consent of all parties and institutions with an interest. We will be discussing all this with the EU shortly, and I will be discussing it with the Taoiseach, Leo Varadkar, when I see him in Dublin on Monday.

It is simply wrong to say we are not making progress. There is a lot to do in the coming days, but things are moving. A major reason for that is that everyone can see this Government are utterly determined to leave the EU on 31 October come what may, without a deal if necessary. That is why over the summer my right honourable friend the Chancellor of the Duchy of Lancaster has been leading the Government’s efforts, seven days a week, to accelerate our national preparations for this possibility. He will be making a Statement on that shortly.

My right honourable friend the Chancellor of the Exchequer has made all necessary funds available. We have already reached agreements with our partners to roll over deals worth around £89 billion of exports and imports. We have secured air services agreements around the world. We have increased the capacity of the Border Force, strengthened the resilience of our ports and our freight capacity and worked with meticulous detail to ensure the uninterrupted supply of critical goods, including medicines. We will be ready.

I returned from the G7 with real momentum in the Brexit discussions. I want to return from next month’s European Council in a similar way, with a deal that this House can debate, scrutinise and endorse in time for our departure on 31 October, but there is one step that would jeopardise all the progress that we have made at the G7 and around the capitals of Europe. That is if this House were to decide it was simply impossible for us to leave without a deal and to make that step illegal. That is what they want: to force us to beg for yet another pointless delay. If that happens, all the progress that we have been making will have been for nothing.

Yesterday a Bill was published that the leader of the Opposition has spent all summer working on. This is not a Bill in any normal sense of the word. It is without precedent in our history. It is a Bill that, if passed, would force me to go to Brussels and beg for an extension. It would force me to accept the terms offered. It would destroy any chance of negotiations for a new deal. Indeed, it would enable our friends in Brussels to dictate the terms of the negotiation. That is what it does. There is only one way to describe this Bill: it is the Jeremy Corbyn surrender Bill. It means running up the white flag. I want to make it clear to everybody in this House: there are no circumstances in which I will ever accept anything like it. I will never surrender the control of our negotiations in the way the leader of the Opposition is demanding.

We promised the people we would get Brexit done. We promised to respect the result of the referendum and we must do so now. Enough is enough. The country wants this done and the referendum respected. We are negotiating a deal and, although I am confident of getting a deal, we will leave on 31 October in all circumstances. There will be no further pointless delay.

This House has never before voted to force the Prime Minister to surrender such a crucial decision to the discretion of our friends and neighbours overseas. This Bill would mean that, unless we agree to the terms of our friends and partners, they would be able to keep us in the EU for as long as they want and on their terms. I therefore urge this House to reject this Bill tonight so that we can get the right deal, deliver Brexit and take the country forward. I commend this Statement to the House”.

--- Later in debate ---

[Lord Newby (LD)]

My Lords, I thank the noble Baroness the Leader of the House for repeating the Statement and hope that she enjoyed her short visit to Scotland last week.

We obviously share the sentiments of the Prime Minister and the noble Baroness, Lady Smith, in respect of World War II. However, we on this side fear that the Prime Minister has simply not learned the lessons. The Statement is very keen on the benefits of free trade, which we applaud, and mentions in particular the Prime Minister’s discussions with the President of the United States on this matter. He says that he agreed with the President that healthcare would not be on the table, which is welcome. Did he also agree not to include items that would water down food standards? Was chlorinated chicken discussed? Given that the Prime Minister has said that he does not think we can do a trade deal within a year, how long does he think it will take to reach such a deal? How long would it be, even in theory, before any such deal could begin to make up for the loss of trade that we expect to flow from a no-deal Brexit?

The Statement does not mention the allegedly prolonged and acrimonious session at the summit in which the Prime Minister joined forces with the EU in opposing the readmission of Russia to the G7. Can the Leader confirm that the Prime Minister opposed President Trump on this? If he did, does not that demonstrate that in this, as in so many issues, our interests are much closer to those of Europe than the US?

As the noble Baroness, Lady Smith, pointed out, not only is more than half this Statement on Brexit but more than a third of it has absolutely nothing at all to do with the G7 summit and everything to do with the desperate plight in which the Prime Minister now finds himself. With the decision today of Phillip Lee MP to join the Liberal Democrats, the Prime Minister has lost his majority in the Commons. It is clear from statements and interviews given by Philip Hammond, David Gauke, Rory Stewart and Justine Greening, among many others, that he is going to lose the vote later this evening. The usual fate of Prime Ministers is that the longer they stay in power, the more hubristic they become. The current Prime Minister, as with so many other things, has turned convention on its head and has behaved, against all the evidence and from day one, as though old Etonian swagger and bombast will be sufficient to carry the day. The truth, however, is that it will not.

The Prime Minister in the Statement spends a large amount of time trying to give the impression that negotiations on an alternative to the backstop and withdrawal agreement are well advanced but, as Donald Tusk put it at the summit,

“we are willing to listen to ideas that are operational, realistic and acceptable to all EU member states, including Ireland, if and when the UK Government is ready”.

The key words there are,

“when the UK Government is ready”,

for the truth is that the UK Government had not at the time of the summit put forward detailed proposals—or, indeed, any proposals—which would obviate the need for the backstop. As EU officials said, at the end of it there were,

“no new substantive elements from any side and obviously”—

obviously—

“not from the UK side”.

They said that a week ago, so perhaps substantive new proposals have been made since then. Can the Leader of the House confirm whether any detailed substantive proposals have been made over the past week which would obviate the need for the backstop? If so, when were they made, what has been the EU response, and on what day will they next be discussed by the UK and EU negotiators?

The Prime Minister said that the Chancellor of the Duchy of Lancaster has been working seven days a week to accelerate preparations for a no-deal Brexit, and we believe him. He says that we will be ready for such an eventuality. We are about to have a separate Statement on that issue so I will ask only two questions of the Leader of the House. When the Prime Minister talks of ensuring the uninterrupted supply of critical goods, does he include foodstuffs in the definition of “critical”? If so, on what basis does he believe he can guarantee the uninterrupted supply of all foodstuffs when the trade bodies representing the food sector simply disagree?

I was extremely pleased that the Statement covered the issue of species extinction, which was allegedly one of the Prime Minister’s three principal priorities going into the summit. That is a worthy priority. In recent times we have seen the extinction of the pig-footed bandicoot, the toolache wallaby and the indefatigable Galapagos mouse, among many others, and the world mourns their loss. The same will not be the case with the imminent demise of the present Administration.

[Baroness Evans of Bowes Park]

I thank the noble Baroness and the noble Lord for their comments. I can assure them both that the Prime Minister made very clear at the G7 summit that we will continue to be an energetic partner on the world stage and will stand alongside our G7 allies in addressing the most pressing international issues. He used the summit to show that Britain remains an international, outward-looking, self-confident nation, and said that we will remain at the heart of alliances that span the world. We will continue to use the breadth of our expertise in diplomacy, defence and development to uphold and safeguard the global order on which our peace and prosperity depends.

The noble Baroness mentioned the devastating fires in the Amazon. She is right. As the Statement said, we have announced £10 million of new funding, which is an extension of an existing UK project, Partnership for Forests, which goes to the longer-term efforts against deforestation. Our money is not going to the Brazilian Government but to rural communities and businesses to help them develop while protecting forests and managing land sustainably. The noble Baroness may also be pleased to know that, in addition, together with international partners we have pledged that by 2020 we will mobilise $5 billion a year to help reduce deforestation and promote sustainable land use in the world’s tropical forest basins, including the Amazon, working with local communities. We engage regularly with the Brazilian Government, businesses and communities on a range of environmental issues, including sustainable agriculture, low carbon growth and deforestation.

The noble Baroness asked about trade. We are and remain a champion of free trade and a rules-based multilateral system with the WTO at its heart. The Prime Minister underlined the need for the G7 countries to work together within the current framework to address and resolve rising tensions on trade matters. We all agreed that the WTO needs an overhaul and further work is ongoing there.

The noble Lord, Lord Newby, asked whether the Prime Minister had discussed standards of food safety and animal welfare. I can confirm that the Prime Minister made it clear that, along with the NHS, those issues were not on the table for discussions in relation to a trade deal.

The noble Baroness asked about Yemen. I am not aware of any direct representations being made to the Prime Minister but I am happy to seek confirmation of that and, if there are, I will write to her.

The noble Baroness also asked about the Iranian Foreign Minister. Only President Macron met him, but she will be aware that President Trump later indicated an openness to talks with President Rouhani under the right circumstances; we will remain supportive of any moves to achieve that. We remain concerned about the welfare of Mrs Zaghari-Ratcliffe and particularly about reports of tougher restrictions in relation to her sentence. We are in regular contact with her family, and our embassy in Tehran has consistently requested consular access.

[Baroness Smith of Basildon]

I am sorry to interrupt the noble Baroness, but my point was whether the Prime Minister asked to meet the Iranian Foreign Minister.

[Baroness Evans of Bowes Park]

I shall have to confirm that. As I say, I do not believe he met anyone other President Macron but, when I check on the Yemen discussions, I will also check on that.

The noble Lord, Lord Newby, asked about the Prime Minister’s conversations about Russia. I can confirm that he made the point that Russia has not begun to meet the conditions that would be considered for its readmission to the G7. He made that point strongly both in conversations with Chancellor Merkel and President Macron and again in the full forum of the G7 summit when this issue was discussed. We are fully supporting French and German efforts to organise the Normandy format summit in the coming weeks. At this point it is not clear who the UK representative will be; discussions have not got that far yet.

On Hong Kong, the noble Baroness is right that millions of people have taken to the streets in Hong Kong to protest peacefully and express their concerns. We have consistently encouraged a peaceful resolution to the situation through meaningful dialogue. The Hong Kong Chief Executive’s office has said that it has full capability to deal with local affairs and maintain public order, and we expect the Hong Kong authorities to continue to be responsible for maintaining public order. The G7 leaders collectively expressed a deep concern about what is happening and want to support a stable and prosperous Hong Kong.

The noble Lord, Lord Newby, asked about ongoing discussions around the changes to the withdrawal agreement that we are attempting to agree with the EU. The Statement mentioned that the Prime Minister will be meeting the Taoiseach on Monday, so discussions will continue there. A team of our Brexit negotiators will sit down with their counterparts twice a week throughout September to discuss the issues and, as we have made clear, the main issue for discussion is the backstop and the need to change it. It is the key reason why the withdrawal agreement has not been able to get through the House of Commons. We want a deal, and that is why our focus over the coming weeks will be on discussions about that.

I am happy to pay tribute to Members across this House and more broadly for the work they have done on education. It is an area in which I am particularly interested, and I know that in order to improve our education system we all need to work together. I am happy to say that.

[Lord Howell of Guildford (Con)]

My Lords, 3 September was the day we went to war. It was also the day of the Battle of Dunbar, which Cromwell called his crowning mercy; and it was also the day on which I joined the Army.

As my noble friend has made clear, many issues were discussed at the summit and it is a pity that it could not put together a communique showing some agreement on serious matters such as the polarisation of conflicts in Hong Kong, the Amazon burning and so on. So, we come down to the familiar issue of the unnecessary backstop. Here, I put to my noble friend a puzzle. Clearly, there has been some progress, but the puzzle is why there has not been more. Contrary to what the noble Lord, Lord Newby, said, an enormous amount of detailed work based on experience of borders all around the world has been done, is being developed and is being further pursued. Special zones work all around the world and can be used in Northern Ireland. I am familiar with that border because back in the 1970s I helped to try to police it for security reasons—with very little success, I may say, because it is totally permeable. We have the common travel area. The Republic of Ireland and the United Kingdom are both outside the Schengen area. Common provisions can be developed for livestock and all the necessary related checks. There is a huge amount of common activity already. It surprises many of us that, with all the work that has been done, progress is still very sticky and slow. Will the Leader of the House reassure her colleagues that those who have been involved with this border over the years understand that alternative arrangements are available, can be developed and can be pushed forward? If we do that, I think it would be understood by Mr Macron and other key players that—in his own words—it is unnecessary, and if it is unnecessary, why keep it?

[Baroness Evans of Bowes Park]

I thank my noble friend. He is absolutely right that a range of technical solutions are already being used. He mentioned a few. Others include trusted trader schemes, transit provisions, frontier zones and electronic pre-clearing for goods moving across the border. There is a lot of work ongoing, looking at how these solutions can come together in order to mean that we do not need the backstop.

My noble friend mentioned that there was no communique. France had said all along that it wanted to move beyond the standard format, which is why only a statement was published rather than a communique.

[Lord Wigley (PC)]

My Lords, may I press the Leader further on the backstop? She just read out, “any future agreement must include the abolition of the anti-democratic backstop—which is, by the way, opposed on all sides”. These are the words the noble Baroness used and which were presumably used by the Prime Minister earlier. Is it now the position that the Irish Government are opposing maintaining the backstop?

[Baroness Evans of Bowes Park]

That was in relation to the problems that the Government are having in getting the withdrawal agreement through the House of Commons and was in that context. It has been very clear that we will not be able to get the agreement through with the backstop. That has been one of the major issues that Members across the House of Commons have raised. That is why we are focusing on that issue with the Irish and our EU partners in order to ensure that we can remove it so that we can get the deal that we want and get agreement at the October Council.

[Lord Cormack (Con)]

My Lords, I remind my noble friend Lord Howell that 3 September was also the anniversary of the Battle of Worcester and of Cromwell’s death. It was a date that kept recurring right through his career.

I am extremely perplexed about the backstop. My noble friend, valiantly and rightly assisted by my noble friend Lord Callanan and many on these Benches, supported the deal that was agreed by Prime Minister May. Her Cabinet did so, and at the last time of asking the present Prime Minister did so. Why are we further splitting and dividing people by threatening with expulsion from our party those who steadfastly supported the previous Government and who have given collectively decades of service to our party and to our country? If we really are going to come together, as I would wish, with those who supported the last deal and support another one, which I want to be able to do, for goodness’ sake, can we not have some charity?

[Baroness Evans of Bowes Park]

My noble friend is right. Many of us valiantly attempted to persuade people that we should pass the deal, but, unfortunately, the House of Commons did not. It was rejected three times, and it was quite clear that we were not going to be able to get the deal through, which is why the Prime Minister is now focusing on the particular element which seemed to be the biggest area of concern for those in the House of Commons. We need to give him the freedom to do that. We need to make sure that we do not undermine his negotiating hand. He is confident that, from the conversations he has had with EU leaders and that his negotiating team has had, we can get a deal. That is what we are focused on. I have never stood here and said that I want anything other than a deal, and I believe that the Prime Minister is committed to trying to achieve that.

[Baroness Neville-Rolfe (Con)]

My Lords, growing protectionism is a great worry across the world, so it was refreshing to hear that the Prime Minister brought his energy to this area. As my noble friend the Leader said, he made the case for free trade as an engine of prosperity and progress and talked of the need to simplify regulation. Can my noble friend tell us a little more about WTO reform? I am reminded that the real progress was made in the Bali package, which was pushed through by my noble friend Lord Green of Hurstpierpoint when he was the Trade Minister. I very much hope those sorts of reforms can be extended. It was good to hear that the WTO might be being looked at again and pushed forward.

[Baroness Evans of Bowes Park]

The G7 reiterated its commitment to open and fair trade and to an overhaul of the WTO. The priorities for that are to ensure the continued effectiveness of the dispute resolution and settlement mechanism, increase trust in the system by improving transparency and develop new rules on issues such as industrial subsidies and e-commerce. Modernising the WTO rules will also make them more relevant to current trade issues. We strongly support the informal process launched by the general council at the WTO to seek a resolution to the appellate body issues, and we have been urging all WTO members to engage constructively on these ongoing discussions.

[The Lord Bishop of Durham]

I return to the question of girls’ education in the Statement. As it happens, last week I was visiting the tiny east African country of Burundi, and one of the most impressive pieces of work that I saw there was with adult women who had not had education when they were girls and who have now gone through literacy and financial and business training and were running small businesses in their local rural communities. I welcome the fact that more money is being put into the education of girls and of children in countries torn by conflict, because Burundi is one such. Will the Minister explain a little more about how that might be put into practice, particularly in a nation such as Burundi—and there are others—where at the moment there are restrictions on the Foreign Office giving it money because of its internal conflict, and will she promise that DfID will be able to put money into such countries through this kind of system?

[Baroness Evans of Bowes Park]

I hope the right reverend Prelate will be pleased to know that, in addition to the £90 million for young people which was mentioned in the Statement, we also announced £30 million of support for women entrepreneurs through the African Development Bank’s programme of affirmative finance action for women in Africa. This programme will help women entrepreneurs grow their businesses and complements other UK aid programmes that support finance for women entrepreneurs, women in international trade and large corporates employing women in their supply chains. In relation to the £90 million of UK aid to help 600,000 young people caught up in crises around the world, one-third of that money will be earmarked for children living in the world’s forgotten crises, such as the current emergency in the Sahel region. Education Cannot Wait will implement this programme. It currently operates in 29 countries and provides multi-year programmes and short-term interventions, particularly when conflict and natural disasters strike.

[Lord Hope of Craighead (CB)]

My Lords, I wonder whether the noble Baroness can say a little more about the UK proposals for more ambitious targets to halt and reverse the loss of biodiversity, particularly in the oceans around the British Isles. I am interested because we have probably the largest population of North Atlantic gannets of any European country. We have enormous numbers of puffins nesting on our islands around the country and they are dependent on the quality of the seas and the fish that are in them. It is very encouraging if we are going to be investing money to improve the quality of the seas. I am interested to know whether the noble Baroness can say a bit more about what the proposals really are and whether they are designed to assist our bird-life as well as the fish in the oceans.

[Baroness Evans of Bowes Park]

Britain is responsible for 2.6 million square miles of ocean: we are the fifth largest maritime estate in the world. The Prime Minister announced £7 million for the Blue Belt programme to extend our work to protect the vital marine ecosystems in conservation areas, although that was overseas rather than within the UK. As for biodiversity targets in particular, for a number of reasons the current set of global targets have not reversed the global decline in biodiversity; therefore we discussed at the G7, which accepted our proposals, that we should seek to ensure that the ambition of the new global framework matches the scale of the problem, and that targets are measurable and time-bound, with strong accountability through monitoring and review mechanisms.

[Lord Campbell of Pittenweem (LD)]

My Lords, I respectfully caution the Leader of the House when it comes to interpretation of the paragraph that begins:

“Speaking in Berlin of possible alternatives to the backstop, Chancellor Merkel … said: ‘Once we see and say this could be a possible outcome—this could be a possible arrangement—this backstop is a sort of placeholder which is no longer necessary’”.


The last part of that paragraph is a conclusion, not a statement of an unequivocal position, and the conclusion depends upon something that is regarded as a possible outcome or arrangement. Until the United Kingdom provides something that can be a possible outcome or arrangement, the conclusion is valueless.

[Baroness Evans of Bowes Park]

As I said, the Prime Minister has had good initial conversations with Chancellor Merkel, President Macron and others, he is seeing the Taoiseach next week, and he has been encouraged by the fact that there has been a willingness to talk about alternatives to the backstop. We are picking up the tempo of the discussions between our negotiators over the coming weeks so that we can drill down into the issue that has really prevented MPs supporting the withdrawal agreement. That is what we will be focusing on, because we are committed to trying to get a deal.

[Baroness Finlay of Llandaff (CB)]

My Lords, following up the right reverend Prelate’s question about the education of girls, it is to be commended that 12 years of quality education was endorsed. Can the noble Baroness tell the House how much money has been committed by other nations and how much commitment there is to ensure that it is quality education that will actually meet the needs of these girls, including reproductive health teaching? Many of these countries have very high maternal mortality as well as child mortality rates, and they also have the problem of practices such as female genital mutilation, which has its high morbidity and mortality.

[Baroness Evans of Bowes Park]

I am very pleased that every delegation supported our campaign to give every girl in the world 12 years of quality education. Indeed, the Prime Minister also called on G7 countries to dedicate more of their aid budget to education, which currently stands at less than 2% of global humanitarian aid. It is obvious that, with more investment and support going in, all the very important issues that the noble Baroness raised can be properly addressed. I fear I will need to get more information on the details of the programmes we support and others: I will write to her, as I will on a couple of other issues.

[Lord Wallace of Tankerness (LD)]

My Lords, the noble Lord, Lord Cormack, reminded us that the Prime Minister voted earlier this year for the withdrawal agreement, which included the backstop. Yet he has said subsequently, and indeed repeated in the Statement, that the backstop is anti-democratic. Are we to believe, therefore, that we have a Prime Minister who is prepared to vote for measures that he believes to be anti-democratic?

[Baroness Evans of Bowes Park]

No, I think this shows that the Prime Minister is committed to getting a deal. He voted for one, but the House of Commons did not. He is now trying to get one and to ensure that we can present a deal to the House of Commons that MPs can support, in order that we can leave the EU with a deal.

Priorities for the Government

Baroness Evans of Bowes Park Excerpts

Thursday 25th July 2019 Lords Chamber

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

My Lords, before I repeat my right honourable friend the Prime Minister’s Statement, I take a moment to thank a close friend and colleague. Noble Lords will know that my noble friend Lord Taylor of Holbeach, the Chief Whip, has decided to step down from the Front Bench. After serving continuously since 2006, first in opposition then in government, including nearly five years as Chief Whip, I think—I have some sympathy over this—he rightly felt it was time to get his life back. Speaking personally, I should say that the Chief Whip has always been a rock to me, a source of good humour, advice and positivity, and I am sure noble Lords across the House will agree with me that his consensual but determined leadership has been invaluable in steering this House through challenging and eventful times. On behalf of my Front-Bench colleagues, the Conservative Party and the whole House, I wish him all the best for the next chapter of his life with Lady Taylor and the rest of his family.

While I am paying tribute, many noble Lords will also want to take a moment to thank Mr Dave Evans, who retires today. Mr Evans joined the House in 1996, becoming a senior doorkeeper in 2003 and second principal doorkeeper in 2005. He will be greatly missed by the team and noble Lords alike. I wish him a happy retirement and hope he enjoys his relocation to Gainsborough and an extended holiday in the autumn to New Zealand.

The Statement is as follows:

“Mr Speaker, with permission I will make a Statement on the mission of this new Conservative Government.

Before I begin, I am sure the whole House will join me in paying tribute to my right honourable friend the Member for Maidenhead for all that she has given to the service of our nation. From fighting modern slavery to tackling the problems of mental ill health, she has a great legacy on which we shall all be proud to build.

Our mission is to deliver Brexit on 31 October for the purpose of uniting and re-energising our great United Kingdom and making this country the greatest place on earth. When I say ‘the greatest place on earth’, I am conscious that some may accuse me of hyperbole, but it is useful to imagine the trajectory on which we could now be embarked. By 2050, it is more than possible that the United Kingdom will be the greatest and most prosperous economy in Europe, at the centre of a new network of trade deals that we have pioneered. With the road and rail investments we are making and propose to make now and the investment in broadband and 5G, our country will boast the most formidable transport and technological connectivity on the planet. By unleashing the productive power of the whole United Kingdom—not just London and the south-east but every corner of England, Scotland, Wales and Northern Ireland—we will have closed for ever the productivity gap and seen to it that no town is left behind ever again and no community ever forgotten.

Our children and grandchildren will be living longer, happier and healthier lives. our kingdom in 2050—thanks to the initiative of the previous Prime Minister—will no longer make any contribution whatever to the destruction of our precious planet brought about by carbon emissions, because we will have led the world in delivering that net zero target. We will be the home of electric vehicles—cars and even planes—powered by British-made battery technology being developed right here, right now. We will have the free ports to revitalise our coastal communities, a bioscience sector liberated from anti-genetic modification rules, blight-resistant crops that will feed the world and the satellite and earth observation systems that are the envy of the world.

We will be the seedbed for the most exciting and dynamic business investments on the planet because our constitutional settlement, our United Kingdom, will be firm; it will be secure; our union of nations beyond question; our democracy robust; our future clean, green, prosperous, united, confident and ambitious. That is the prize, and that is the responsibility that falls on all of us to fulfil.

To do so, we must take some immediate steps. The first is to restore trust in our democracy and fulfil the repeated promises of Parliament to the people by coming out of the European Union and doing so on 31 October. I and all Ministers in this Government are committed to leaving on this date, whatever the circumstances. To do otherwise would cause a catastrophic loss of confidence in our political system. It would leave the British people wondering whether their politicians could ever be trusted again to follow a clear democratic instruction.

I would prefer us to leave the EU with a deal; I would much prefer it. I believe that it is still possible, even at this late stage, and I will work flat out to make it happen, but certain things need to be clear. The withdrawal agreement negotiated by my predecessor has been rejected three times by this House. Its terms are unacceptable to this Parliament and to this country. No country that values its independence, and indeed its self-respect, could agree to a treaty which signed away our economic independence and self-government, as this backstop does. A time limit is not enough. If an agreement is to be reached, it must be clearly understood that the way to the deal goes by way of the abolition of the backstop.

For our part, we are ready to negotiate, in good faith, an alternative, with provisions to ensure that the Irish border issues are dealt with where they should always have been: in the negotiations on the future agreement between the UK and the EU. I do not accept the argument that says that these issues can be solved only by all or part of the UK remaining in the customs union or in the single market. The evidence is that other arrangements are perfectly possible, and are also perfectly compatible with the Belfast or Good Friday agreement, to which we are, of course, steadfastly committed. I, my team and my right honourable friend the Secretary of State for Exiting the European Union are ready to meet and to talk on this basis to the Commission or other EU colleagues whenever and wherever they are ready to do so.

For our part, we will throw ourselves into these negotiations with the greatest energy and determination and in the spirit of friendship. I hope that the EU will be equally ready and will rethink its current refusal to make any changes to the withdrawal agreement. If it does not, we will of course have to leave the EU without an agreement under Article 50. The UK is better prepared for that situation than many believe, but we are not yet as ready as we should be.

In the 98 days that remain to us, we must turbo-charge our preparations to make sure that there is as little disruption as possible to our national life, and I believe that is possible with the kind of national effort that the British people have made before and will make again. In these circumstances, we would of course have available the £39 billion in the withdrawal agreement to help to deal with any consequences. I have today instructed the Chancellor of the Duchy of Lancaster to make these preparations his top priority. I have asked the Cabinet Secretary to mobilise the Civil Service to deliver this outcome, should it become necessary. The Chancellor has confirmed that all necessary funding will be made available—£4.2 billion has already been allocated.

I will also ensure that preparing to leave the EU without an agreement under Article 50 is not just about seeking to mitigate the challenges, but about grasping the opportunities. This is not just about technical preparations, vital though they are; it is about having a clear economic strategy for the UK in all scenarios—something that the Conservative Party has always led the way on—and about producing policies which will boost the competitiveness and productivity of our economy when we are free of EU regulations.

Indeed, we will begin right away on working to change the tax rules to provide extra incentives to invest in capital and research. We now will be accelerating the talks on those free trade deals, and we will prepare an economic package to boost British business and lengthen this country’s lead, which seems so bitterly resented on the Benches opposite, as the number one destination in this continent for overseas investment—a status that is made possible, at least partly, by the diversity of the talent and skills of our workforce.

I want therefore to repeat unequivocally our guarantee to the 3.2 million EU nationals now living and working among us. I thank them for their contribution to our society and for their patience. I can assure them that under this Government they will have the absolute certainty of the right to live and remain.

I want to end by making clear my absolute commitment to the 31 October date for our exit. Our national participation in the European Union is coming to an end, and that reality needs to be recognised by all parties. Indeed, today there are very many brilliant UK officials trapped in meeting after meeting in Brussels and Luxembourg, when their talents could be better deployed in preparing to pioneer new free trade deals or promoting a truly global Britain. I want to start unshackling our officials to undertake this new mission right away, so we will not nominate a UK Commissioner for the new Commission taking office on 1 November—under any circumstances—although clearly this is not intended to stop the EU appointing a new Commission.

Today is the first day of a new approach, which will end with our exit from the EU on 31 October. Then I hope we can have a friendly and constructive relationship, as constitutional equals, as friends and partners, in facing the challenges that lie ahead. I believe that is possible, and this Government will work to make it so. But we are not going to wait until 31 October to begin building the broader and bolder future that I have described; we are going to start right away by providing vital funding for our front-line public services to deliver better healthcare, better education and more police on the streets.

I am committed to making sure that the NHS receives the funds it deserves—that were promised by the last Government in June 2018—and that these funds go to front-line services as soon as possible. This will include urgent funding for 20 hospital upgrades and for winter readiness. I have asked officials to provide policy proposals for drastically reducing waiting times for GP appointments.

To address the rise of violent crime in our country, I have announced that there will be 20,000 extra police keeping us safe over the next three years, and I have asked my right honourable friend the Home Secretary to ensure that this is treated as an absolute priority. We will give greater powers—powers resisted, by the way, by the party opposite—for the police to use stop and search to help tackle violent crime. I have also tasked officials to draw up proposals to ensure that in future those found guilty of the most serious sexual and violent offences are required to serve a custodial sentence that truly reflects the severity of their offence and policy measures that will see a reduction in the number of prolific offenders.

On education, I have listened to the concerns of many of my colleagues around the House and we will increase the minimum level of per pupil funding in primary and secondary schools and return education funding to previous levels by the end of this Parliament.

We are committed to levelling up across every nation and region of the UK, providing support to towns and cities and closing the opportunity gap in our society. We will announce investment in vital infrastructure, full fibre rollout, transport and housing that can improve the quality of people’s lives, fuel economic growth and provide opportunity.

Finally, we will also ensure that we will continue to attract the best and brightest talent from around the world. No one believes more strongly than I do in the benefits of migration to our country, but I am clear that our immigration system needs to change. For years, politicians have promised the public an Australian-style points-based system, and today I will actually deliver on those promises: I will ask the Migration Advisory Committee to conduct a review of that system as the first step in a radical rewriting of our immigration system. I am convinced that we can produce a system that the British public can have confidence in.

Over these past few years, too many people in this country feel they have been told repeatedly and relentlessly what we cannot do. Since I was a child, I remember respectable authorities asserting that our time as a nation has passed, that we should be content with mediocrity and managed decline, and time and again, by their powers to innovate and adapt, the British people have proved the doubters wrong. I believe that, at this pivotal moment in our national story, we are going to prove the doubters wrong again—not just with positive thinking and a can-do attitude, important though they are, but with the help and the encouragement of a Government and a Cabinet who are bursting with ideas, ready to create change, determined to implement the policies we need to succeed as a nation: the greatest place to live; the greatest place to bring up a family; the greatest place to send your kids to school; the greatest place to set up a business or to invest; the best transport, the cleanest environment; the best healthcare and the most compassionate approach to the care of elderly people.

That is the mission of the Cabinet I have appointed, and that is the purpose of the Government I am leading. And that is why I believe that if we bend our sinews to the task now, there is every chance that in 2050, when I fully intend to be around, although not necessarily in this job, we will have achieved this and we will be able to look back on this period as the beginning of a new golden age for our United Kingdom. I commend this future to the House just as much as I commend this Statement”.

My Lords, that concludes the Statement.

--- Later in debate ---

[Lord Newby (LD)]

My Lords, I shall begin with a number of congratulations. I congratulate Mr Evans on his retirement. The good news for Members of your Lordships’ House is that, on the basis that Parliament is at some point prorogued and we have another Queen’s Speech, he will reappear in his position as one of the Yeomen of the Guard. He cuts an even more impressive figure in that role than he does in his attendant’s garb here. He has been a huge source of help to Members, not least to new Members, and he will be much missed.

I said my congratulations to the Chief Whip on his retirement yesterday, and I would be very happy to do so again today—but I do not want it to go to his head, so I shall not.

The noble Baroness, Lady Evans, deserves congratulations on being part of a successful minority—she has not been culled. I for one will be delighted to carry on working with her on a range of issues, not least harassment, where she has taken a very firm lead and I and other members of the commission have enjoyed agreeing with her.

There are two reasons for congratulating the Prime Minister. The first is, obviously, on getting elected and becoming Prime Minister in the first place, and the second is on showing the kind of consistency that one wants, in principle, from people. There were some who thought that, on becoming Prime Minister, he would stop inhabiting a fantasy world and would start behaving in a responsible manner and discussing issues with a semblance of reality. That hope has been dashed, and the Prime Minister is showing a degree of consistency in inhabiting his world of fantasy that is truly remarkable.

It began yesterday. He said about Brexit—and, in particular, a no-deal Brexit—that,

“the ports will be ready and the banks will be ready and the factories will be ready and business will be ready and the hospitals will be ready and our amazing food and farming sector will be ready”.

I now have the great pleasure and privilege of living in a rural area. I spent part of last Sunday talking to farmers and food processors about their view of Brexit, bearing in mind that if you produce lamb at the moment you will face a 40% tariff on 1 November. Their view is that the thing for which they are getting ready is bankruptcy, because there is no way that they can survive on their current business model the day after we leave the EU. Is that what the right honourable gentleman has in mind when he talks about them being ready? And, frankly, the same sort of readiness applies to the other sectors that he mentioned.

Even leaving aside that extraordinary Panglossian view of what life is likely to be like in 2050, there are a number of other areas in his Statement today where he exhibits the kind of fantasy that, in fairness, he has been promoting for a long time. The first relates to the Northern Ireland border. As the noble Baroness, Lady Smith, said, his views about being able to leave the EU, particularly without a deal, and having no problems at the Northern Ireland border are fantasy. He has said that under no circumstances will there be any checks on the Northern Ireland border. In the Statement he says:

“The evidence is that other arrangements are perfectly possible”.


The truth is that the evidence is that no other arrangements are evenly vaguely possible. So he is very good at asserting things, but their relationship to truth is something that he often struggles with.

The next fantasy is that we will,

“have available the £39 billion in the withdrawal agreement to help deal with any consequences”,

of no deal. One should bear in mind that there will be no deal immediately, but we will have great relations with the EU. We will have a great new arrangement, albeit without a deal on 31 October. Does anybody believe that a British Government will renege on paying a penny to the EU after 31 October? If they did, how would they survive? The Governor of the Bank of England correctly described our position as being reliant on the “kindness of strangers”. We have a massive balance of payments deficit, which will not go away, Brexit or no Brexit. So we need people to trust us so that they will lend us the money to survive. If that fantasy were pursued, our position would be even worse than would otherwise be the case.

Moving on, he says:

“Finally, we will also ensure that we continue to attract the brightest and best talent from around the world”.


As I have said before, the definition of brightest and best does not extend to many of the brightest and best in a whole raft of sectors, such as the brightest and best care workers, agricultural workers, lab technicians, health service workers and hospitality staff. He talks about an Australian points system. We already have a points system for immigration. In what respect will giving it an Australian accent suddenly change the way it operates and deal with the “brightest and best” problem for the rest of the economy?

Fantasies such as these are not a sound basis for government. It is not surprising that there are, in the Prime Minister’s words, some doubters, doomsters and gloomsters who believe that this reckless Government will be bad for the whole country, and that you will not find any group or organisation that will go from strength to strength under Boris. However, they are wrong. Excluding the old Etonians and extreme Brexiteers, there is one group that is already benefiting from Brexit and will continue to benefit as long as Boris Johnson remains in office. The rest of the country is in for a very hard time—but the Liberal Democrats are on the rise.

[Baroness Evans of Bowes Park]

I thank the noble Baroness and the noble Lord for their comments. I start by saying that the focus and aim are on getting a deal, and we believe that that is still possible. That has been very clear from the Statement. The Prime Minister has made it clear that he is very keen to engage as quickly as possible with the EU, along with my right honourable friend the Secretary of State for Exiting the EU, to see whether we can break the current deadlock. We have to remember that the current agreement has been rejected by the House of Commons three times. We need to address that and we hope that we will be able to do so. However, because we have not been able to get the withdrawal agreement through, we are having to focus on no-deal plans.

We have made a lot of preparations but the Statement reflects, as the noble Lord said, that we need to do more. That is why there will be a renewed focus and co-ordination through the Cabinet Office to make sure that we build on the preparations that we have already made. As I said, £4.2 billion has already been spent on preparations for all EU exit scenarios, and more funding will be made available if required. There is also a plan to start a new communications campaign to ensure that people are prepared. That will be on top of the 750 communications on no deal that we have published since August 2018. Noble Lords will know, for instance, that we have reached trade agreements with partners worth around £70 billion of current trade and we have an agreement in principle with South Korea that represents another £15 billion.

The noble Baroness and the noble Lord also talked about Northern Ireland. As has been made very clear, we are steadfastly committed to the Belfast agreement. They will be aware that exploration of alternative arrangements had already been accepted by the EU and was within the withdrawal agreement. Work is beginning on that and groups have been set up. There are various arrangements, including trusted trader schemes and electronic pre-registering, that can be looked at and brought together to help ensure that we never have to use the backstop. We can look at developing this technology to ensure that our commitments to Northern Ireland are kept.

The noble Baroness talked about some of the domestic issues and she is absolutely right. I myself am particularly interested in education. We will ensure that our education system enjoys real-terms increases, meaning that the budget will, over the course of this Parliament, increase by £4.6 billion a year. We have announced that we will up the levels of per-pupil funding in primary and secondary schools. We will make sure that the minimum primary school level of funding goes up to £4,000 and that the secondary school level goes up to £5,000.

The noble Lord asked about the Australian immigration system. The Prime Minister has asked the Migration Advisory Committee to make sure that we can learn what works best in the system and what lessons we can copy for our new system. It is not about committing to copy the Australian system wholesale; it is about learning from best practice and what works well.

Finally, the noble Baroness rightly raised the extremely concerning situation of Mrs Nazanin Zaghari-Ratcliffe. We are very concerned about her welfare. We are in regular contact with her family and our embassy in Tehran continues to request consular access. Whatever disagreements we have with Iran, an innocent woman must not be a victim, and we will continue to work to ensure that she can come home.

[Lord Howell of Guildford (Con)]

My Lords, I am glad to join with all others in the kind remarks about the Chief Whip. He has been a tower of strength and reassurance in somewhat uncertain times. I am sorry that he is going, and I thank him very much.

I applaud the ambitious tone of the Statement, with talk of a new golden age. Perhaps this is something we all need to cheer us up. Perhaps I may add, in disagreement with the noble Lord, Lord Newby, that there is massive evidence that other arrangements for the border can be designed. My desk is piled with huge volumes and if he wants some more bedtime reading, I will transfer them to his desk so that he can read them during the recess. There are many other ways of tackling that issue.

Perhaps I may suggest that our particular role here in your Lordships’ House will be to remind the policymakers and the people who put together the thoughts behind this Statement that huge changes are going on in the wider world. There are forces at work that will override almost anything that we do ourselves and shape our fate decisively. Global economic growth is one, massive migration is another, the total dependence on investment is a third, the rise of China is a fourth, the arms race is a fifth, and there are many others. It is perhaps a pity that the Statement did not quite reflect that, sadly, not everything is within our control and there are great global changes that we must now address with huge vigour. That said, I see where the ambition is pointing; we on our side should do our best to support it through difficult and treacherous times, not least given the lack of a majority in the other place. But there is the wider world and, in the end, these bigger forces are the ones that will shape our lives, our future and our survival.

[Baroness Evans of Bowes Park]

I thank my noble friend for his comments. He is, of course, absolutely right and that is why we want to move on to the next stage of developing our future relationship with the European Union and start looking at all the other things we can do as a global Britain once we have sorted out leaving the European Union.

[Lord Liddle (Lab)]

My Lords, I too pay tribute to the noble Lord the Chief Whip. He was very kind to Opposition Members when they joined the House, and it is sad to see him go.

My question, to which I want a serious answer, is this: what do the new Government see as the role of expert evidence when they are at the point of making serious policy decisions about the future of the country? This is a question about no deal. We know that the IMF regards no deal as the second biggest risk to the world economy in the coming year. We know that the Office for Budget Responsibility says that the budget deficit consequences of no deal would be extremely serious: £30 billion upwards of extra deficit. We know what the Bank of England says about the short and medium-term costs to economic growth. So, this is a very serious question, not one of party politics. Mrs May took notice of these experts and that is why she was determined that there would not be no deal. What notice do Mr Boris Johnson and his team of sycophants take of expertise?

[Baroness Evans of Bowes Park]

I say to the noble Lord that we want to leave with a deal and that is what we will aim to do. That is why we want to sit down and talk to the Commission and EU leaders as quickly as possible to try to break the current impasse. But while the situation might be distressing, the House of Commons has rejected the withdrawal agreement three times. We need to ensure that we get a deal that we can get through Parliament; that will be the focus. But we will be legally leaving the EU on 31 October and any responsible Government have to prepare for that. That is why we are ramping up our preparations and taking a new co-ordinated approach, and why we will be building on the progress we have already made.

We have already signed bilateral voting rights agreements with Spain and Portugal, published—as I mentioned previously—750 pieces of communication around no deal and secured air services agreements. We will work hard to ensure that we are as prepared as we can be for no deal but, I repeat, we want to get a deal and that is what we will be trying to do. We will be talking to the EU to see if we can resolve the issues that have meant that the House of Commons has not been able to agree the withdrawal agreement that has been put to it three times.

[Baroness Smith of Newnham (LD)]

I am grateful to the Minister for repeating what appeared to be the Prime Minister’s, or the Conservative Party’s, election manifesto—whenever the election comes. There were so many priorities that it was difficult to see any priority. But one issue that came out, as my noble friend Lord Newby pointed out, is that of a points-based immigration system. The Prime Minister indicated that he already has the Home Secretary on board and is seeking further consultation. Do we not need an immigration Bill—alongside agriculture, fisheries, trade and a whole raft of other Bills—if we are to leave the European Union? Where are they? Are they not among the priorities?

[Baroness Evans of Bowes Park]

We have passed a number of Bills, as the noble Baroness will be aware. We have passed over 560 statutory instruments and will, of course, be bringing Bills in other areas forward and through. On immigration, as I said, the Prime Minister has asked the Migration Advisory Committee to undertake a study. All this will feed in as we begin to develop the scheme. She will also be aware that we have begun registering people for the settlement scheme and over 1 million citizens have already taken that up.

[Lord Cormack (Con)]

My Lords, I add my words to the tributes to my noble friend the Chief Whip, who I have known for some 60 years; we are fellow sons of Lincolnshire. I congratulate my noble friend the Leader of the House on her reappointment and wish her every success. I am also delighted to see the noble Baroness, Lady Hayter, sitting in her rightful place.

[Lord Cormack]

Like everyone in your Lordships’ House, I am delighted about the announcement on EU nationals and want to see that enacted as quickly as possible, but I am concerned by what the Statement said about the £39 billion. I devoutly wish for a deal but, whatever the outcome, there will be a very significant sum outstanding for our membership dues over a period of many years. We must not lose our reputation as a nation that always keeps its word, and as an exemplary nation when it comes to satisfying the debts we owe. Can the Leader of the House give an assurance that we will not forfeit that reputation?

[Baroness Evans of Bowes Park]

I am very happy to reassure my noble friend that we are a country that abides by our international obligations and will continue to do so.

[Lord Campbell of Pittenweem (LD)]

My Lords, it is not often that one gets the promise of Arcadia and Utopia in the same Statement. Is it the Government’s position that, in seeking to open any negotiation with the European Union, they will do so in the expectation that it will not seek concessions from our side of the argument?

[Baroness Evans of Bowes Park]

We will be in negotiations with the European Union, which means, of course, that two sides will be involved and looking for what they want—but both sides want a deal. We want a constructive, strong relationship with the EU going forward; they want that, and we want that. That is why we are very keen to begin discussions with both the Commission and EU leaders to try to get over the current impasse because at the moment, we do not have a withdrawal agreement that we can get through the House of Commons.

[Lord Fox (LD)]

My Lords, there was no mention of industrial strategy in the Statement. Given the two new incumbents of the Treasury and their stated views on, and opposition to, industrial strategy, would it be fair to assume that it is no longer government policy?

--- Later in debate ---

[Baroness Evans of Bowes Park]

No, we are committed to continuing to improve our economic situation to support businesses. For instance, we want to liberate our bioscience sector, we are committed to ensuring growth around the country and we remain committed to our strategy.

[The Archbishop of Canterbury]

My Lords, I welcome the repetition of the Statement. We on these Benches wish to express our thanks to the Chief Whip, the noble Lord, Lord Taylor, and to Mr Evans. We tend to turn over numbers rather more regularly than your Lordships and have always been very well welcomed. We are deeply grateful and will miss them both very much indeed. I say that on behalf of all Members of these Benches—including the ones in disguise.

To move away from Brexit for a moment, the Statement talks powerfully about ambitions for education, tackling crime, social care and health, and about increasing funding for them very significantly. All that will of course be most welcome—if it comes. The issue, though, is that money does not do it all. In all those areas, the impact of households and families in their many diverse forms today is crucial. Social care is best handled—most effectively and affectionately—from within the home. Education within the home is absolutely critical. The challenges of crime, particularly in relation to probation and the release of prisoners, are best met within a stable home and household environment.

There are many different types of households and homes but, as we heard in Oral Questions this morning, significant obstacles remain to families and households supporting and caring for people in the most effective and flexible way and with the least cost to government. Will the Government be looking at these invisible barriers that affect the areas on which they wish to deliver with so much money and so much passion?

[Baroness Evans of Bowes Park]

I thank the most reverend Primate for his comments. He is right that there are things that the Government can visibly do, but there is also support and there are things on the ground that we need to help develop, and that will certainly be part of our plans. The new Prime Minister has set out his vision covering domestic policy. I am delighted that I was not asked a question on Brexit because we want to look at how we can improve quality of life for people across our country and to focus on our future. That is why he is particularly focused on, and has highlighted, the fact that he wants to protect older people from the fear of having to sell their home to pay for care. I hope noble Lords will be pleased to hear that we will be publishing proposals in this area soon, because it is one of those areas that will make a significant difference to families across the country and to people’s lives, and it is something that we really must grapple with.

[Lord Howarth of Newport (Lab)]

My Lords, if money is now to be abundant, and if the new Prime Minister and his Ministers genuinely seek to build a more just and humane society, why is there no mention in the Statement of the Government’s intention to remedy the grave failures in recent years in terms of access to justice? Perhaps, in this new fiscal climate, there is now an opportunity to restore the cuts in legal aid that should never have been made and to create more decent conditions in our prisons. If the Government really intend to pursue the liberal and just policies that they proclaim, I hope they will include those among their intentions.

[Baroness Evans of Bowes Park]

I am afraid it is slightly above my pay grade to add further priorities to the Prime Minister’s list, but obviously we have a new Secretary of State for Justice and I am sure he will be very interested in the comments that the noble Lord has made. I am sure there will be lots of new thinking going on within the department in order to tackle some of the issues that he has raised.

[Lord Bates (Con)]

My Lords, I particularly welcome in the Statement the commitment to the Belfast/Good Friday agreement in Northern Ireland. Is my noble friend aware that that agreement is underpinned by the devolved institutions, which have been suspended for some two and a half years? Is she also aware that tomorrow marks 100 days since the murder of Lyra McKee in Derry in Northern Ireland, which was a terrorist act? Is she further aware that in the aftermath of that the then Prime Minister, Theresa May, and the leader of the Opposition, Jeremy Corbyn, attended the funeral, along with the President of Ireland, the Taoiseach and the leaders of all the major parties, and reaffirmed their commitment to get those institutions up and running? Will she reaffirm the Government’s commitment to, first, peace on the island of Ireland as a number one priority and, secondly, ensuring that those vital institutions are restored to full working order for the people of Northern Ireland?

[Baroness Evans of Bowes Park]

I thank my noble friend. I am happy to reaffirm our absolute commitment to and focus on attempting to get devolved government back up and running in Northern Ireland. As we discussed at length last week, it is not an acceptable situation for the people of Northern Ireland. We will do all that we can to bring the parties back together because we need to get devolved government back up so that the people of Northern Ireland can move forward and have the proper, good governance of their region and their country that they deserve.

[Lord Wallace of Saltaire (LD)]

My Lords, how does the Leader of the House understand the concept of positive thinking? I am not entirely sure where the Government have got the concept from. I spent three and a half years in the United States and I well remember the extent to which the Pentecostal movement there uses the power of positive thinking as a faith-based good-news gospel. Indeed, President Trump was taken as a boy by his father to the church in Manhattan where the author of The Power of Positive Thinking was the minister. Do the Government link up with that movement in the US? Are we going to find Ministers in our Government promoting this sort of good-news gospel in Britain, or is the concept of positive thinking—a rather Trumpian concept, I have to say—going to hang there without the Protestant fundamentalism around which it was built?

--- Later in debate ---

[Baroness Evans of Bowes Park]

That is a very interesting question and I thank the noble Lord. I can tell him that we are going to be marrying positive thinking with action to make sure that we can deliver the results that we want. That is what we will be doing with gusto from the Dispatch Box.

[Lord Hope of Craighead (CB)]

My Lords, I think something should be said from these Benches as a tribute to Dave Evans. From the point of view of someone my size, he is unusually impressive. Not only that, he has been extremely generous to the Cross-Benchers, particularly the many newcomers who have come here during his time. Strangely enough, I came to the House the same year that he did, albeit by a different route. It is perhaps rather fortunate that I will be staying on a little longer than him. On behalf of all of us on these Benches, I wish him a very happy retirement.

I paid my tribute to the Chief Whip yesterday but good things can be said again. One of the things that he taught me was the mysteries of the usual channels. Convenor is a strange position because it is not really part of the usual channels, but in some circumstances it is. The great thing about the Chief Whip was that he kept me fully informed of what the usual channels were up to, so that when I met the usual channels myself I was quite well informed and instructed as to what to do.

On the Statement, many noble Lords will remember that on three occasions I have reminisced about my time in a holding pattern above Aylesbury. I have the feeling, from the character of the Statement and the things that the Leader has repeated today, that perhaps the moment has come when the cabin crew have been told that it is 10 minutes to landing and we are being released from a holding pattern. Whether the landing is going to be a good one we have yet to discover, but at least I have the feeling that there is movement, which is something out of the Statement that is positive.

I would be grateful if the Leader said a bit more about Wales, Scotland and Northern Ireland. I hope the Prime Minister will take time very early on to acquaint himself with the real feelings that there are in those places that their position is not being fully respected in the plans being made for Brexit. It would be greatly appreciated if he could visit those parts of our country very soon to reassure them on that point.

[Baroness Evans of Bowes Park]

I am happy to reassure the noble and learned Lord that that is indeed a priority for the Prime Minister. In fact, he has decided also to call himself Minister for the Union to ensure that concerns and issues from all parts of the United Kingdom are taken into consideration in every policy announcement. He made it very clear during Cabinet this morning how committed he is to the union, and there are plans for him to travel around very soon.

[Baroness Neville-Rolfe (Con)]

I congratulate my noble friend on her reappointment. Her experience will be very useful in the coming months as we tackle the various bits of Brexit legislation. I share the warm words that have been said about both the Chief Whip and Mr Evans. They will be with us but they will be missed in their current roles.

I commend the Statement for the comment on business, the suggestion that there will be an economic package to boost business and, indeed, the promise to look at incentives to invest in capital and research. It is important that this is part of our agenda in the coming months and years, and I look forward to hearing more about the details.

[Baroness Evans of Bowes Park]

I thank my noble friend. I assure her that this is something that the new Chancellor is absolutely committed to. We will be seeing further ideas and details of the proposals coming out very soon.