Brexit: Negotiations

Baroness Falkner of Margravine Excerpts

Thursday 3rd October 2019 Lords Chamber

[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.

Hong Kong Protests

Baroness Falkner of Margravine Excerpts

Tuesday 1st October 2019 Lords Chamber

[Baroness Falkner of Margravine (Non-Afl)]

My Lords, in light of the ongoing protests in Hong Kong, have Her Majesty’s Government made any attempt to speak to the other Commonwealth countries about whether visas and rights of residence will be issued across the Commonwealth to the young demonstrators in Hong Kong when and if action of that nature is required? In other words, will we live up to our obligations to provide safe harbour to them?

[Earl Howe]

My Lords, I share the noble Baroness’s concerns on this issue. We are in dialogue with many of our friends and partners around the world. We have made our concerns about human rights clear to the Chinese Government. Earlier this week, my noble friend Lord Ahmad co-hosted an event in the margins of the UN General Assembly on the situation in Xinjiang, which remains an issue of serious concern.

Privileges and Conduct Committee

Baroness Falkner of Margravine Excerpts

Monday 17th December 2018 Lords Chamber

[Viscount Hailsham]

It was laying down general principles of natural justice and fairness—that is the point. I believe that they have an application for all these proceedings. The recommendations in the 1999 report do not stand alone. Incidentally, the membership of that committee was extraordinarily distinguished. It included not only Lord Nicholls of Birkenhead but a former Lord Chief Justice, a former Attorney-General, a former Solicitor-General and two former Home Secretaries. Their views were not lightly to be disregarded.

In substance, they were repeated in the 1995 report on standards in public life. Again, they are substantially the same as those made in 1967 by the Select Committee on Parliamentary Privilege—again, a different context, but with principles of general application. That committee recommended that the rights granted to a person against whom a complaint is made should include the right to examine, cross-examine and re-examine witnesses and to make submissions to the Committee, including by an authorised representative. In the spirit of due diligence—

[Baroness Falkner of Margravine (LD)]

Does the noble Viscount accept that none of the cases he is speaking about mentions sexual misconduct—as paragraph 4 of appendix 2 on page 18 points out? Did he hear the intervention by the noble Baroness, Lady Kennedy, which absolutely emphasised that standards of conduct have moved on and that the context to which he refers is not the context in which women today expect to be treated—and to which I should say men would probably also ascribe? Does he accept that the House wishes to move on and that his peroration, although enormously important, could perhaps be put to the committee in writing—not because we are disinterested in what he has to say but because I am sure the Senior Deputy Speaker will accept that there might be a consultation where we will all have the ability to express our views on future conduct? We are now dealing with the report in hand and it would be expeditious if Members could keep their speeches relatively brief so that those of us who also want to intervene might have an opportunity to do so today.

[Viscount Hailsham]

That might apply also to interventions.

--- Later in debate ---

[Noble Lords]

Yes!

[Baroness Falkner of Margravine]

You are not just embarrassing yourself; you are embarrassing all of us.

[Lord McNally]

All trials are trials for one’s life; all sentences are sentences of death. We are talking about a man who, until this case, was one of the giants of civil liberties, of sexual liberties—

Brexit: Withdrawal Agreement and Political Declaration

Baroness Falkner of Margravine Excerpts

Thursday 6th December 2018 Lords Chamber

[Baroness Falkner of Margravine (LD)]

My Lords, I will speak briefly on the report of the EU Select Committee on the withdrawal agreement, which was introduced in this debate yesterday by our chairman, the noble Lord, Lord Boswell. As I chair the sub-committee responsible for the EU budget and the financial settlement on withdrawal, I will say a word or two about that.

The UK Government estimate that the net cost of the bill will be in the region of £35 billion to £39 billion. This includes the cost of paying into the EU budget as if we were a full member for 21 further months after withdrawal, which would come to £16.3 billion according to the Office for Budget Responsibility. This leaves an exit bill of roughly £22.4 billion as the figure which has in effect been “negotiated” by the UK Government. We agree with the Government’s position that the UK needs to pay its dues. That is the right thing for the United Kingdom as a leading member of the international community to do. No one would ever trust our good faith if we were not prepared to fulfil our past obligations.

I turn to the possibility that, if this agreement fails, plan B would be the Norway-plus option. The EU Select Committee has looked at the EFTA/EEA options over various periods in the past year. While membership of the EEA gives full access to the single market, including for services, it requires complying with the four freedoms, including free movement of persons. Its proponents have talked up the fact that it offers a brake on free movement, but they do not tell us that the brake is so heavily circumscribed as to be virtually meaningless. In order to invoke it, one would have to demonstrate,

“serious, economic or societal difficulty”.

How would that be demonstrated? How, for example, would we define “societal difficulty”? Moreover, they tell us that this is a unilateral power. It is not; it has to be negotiated with other EEA partners. Those who lament the withdrawal agreement resulting in endless negotiation need to wake up to the fact that a state of negotiation is actually more desirable than being shut out of the room and getting your instructions by fax or email, as in the case so powerfully put by a Norwegian Minister in the Financial Times.

What of the tie to full regulatory alignment? The EEA comprises 6,000 legal Acts so far, since 1994. The UK would have to adopt approximately 300 per year without any say whatever in their formation. It is not entirely surprising that the Governor of the Bank of England felt the need to spell out that the UK’s financial services sector is unsuited to being a rule taker indefinitely. Which Government would render a sector that contributes 11% of GDP, which is 20 times bigger than Norway and has higher standards than the EU after lessons painfully learned after 2009, a rule taker? Which Government would be prepared to risk a country’s financial stability—moreover, its future prosperity—in the hands of EU technocrats without even being in the room? This has to be a complete travesty of the referendum result, and I entirely agree with the noble Lord, Lord Kerr of Kinlochard, in his description of the technical difficulties of even going into Norway, never mind Norway-plus.

However, the unattractiveness of Norway-plus does not end there. Its advocates need to dispense with fictions. Yesterday we were told on the “Today” programme that we would pay substantially less into the EU budget under this option. The reality, when the EU committee looked into this in March this year, is that Norway paid €115 per capita while the UK paid €79 per capita in 2015, the year for which we have the latest figures. Today the Library has confirmed to me that the figures for 2017 are that Norway paid £144 per capita while the UK paid £112 per capita. Naturally, we got a better deal because of our rebate and our incoming receipts from the EU. So the maths is straightforward, and it behoves the advocates of this option to be honest about that.

I turn to the “plus” part of Norway-plus: the need to stay in the customs union. The EU’s common commercial policy not only prevents us from doing trade deals but seriously circumscribes our ability to even engage with bilateral investment treaties. It also requires us to accept the parameters of future trade deals that the EU makes with other countries without us having a say in them or being able to represent our own interests, be they farming, fishing, goods or services. The word “vassalage” has been used a lot recently to describe the withdrawal agreement. I argue that the Norway-plus option, because of the complexity of our economy and the reach of our services, is where the more accurate description of the vassal state lies.

I conclude with a few thoughts on the calls for a second referendum that have been made across the Chamber in the last two days. I have read the 585 pages of the withdrawal agreement—not in absolute detail, but I can say that I have read it well. The idea that the country could be asked to make a choice and vote on the details of this agreement is with the fairies. That is not to disrespect the ability of the electorate; it is in fact because I respect the will of the electorate that I voted for the Government in triggering Article 50 and the withdrawal Act. But we now know what is on offer. We have had broad instructions from the electorate, and broad instructions are all that can be expected from a referendum question. The detail of it was always a task for Parliament, and that is where the responsibility should lie.

Should Parliament be unable to accept this agreement —although I will support it—there is a viable option. It would not involve disregarding the referendum result. Parliament has respected that. It has given the Government its approval for the Article 50 process and the withdrawal Act, both of which I supported. If Parliament does not agree with the outcome and with the Government’s best endeavours to secure a satisfactory deal for the UK, rather than reverting to another referendum, it should put to itself the question of whether the withdrawal of Article 50, but with the reversion to Mr Cameron’s deal, is the optimal outcome. The negotiation—which was quaintly titled A New Settlement for the United Kingdom Within the EU—provided far more benefits, even on free movement, than the Norway-plus option does, and it retained a special status for the UK, with all its privileges.

In conclusion, I advocate accepting the Government’s compromise withdrawal agreement. But, failing that, I would go for “Mr Cameron’s-plus” rather than Norway-plus. I will therefore follow the line of the noble Lord, Lord Butler of Brockwell, on the Motion.

Syria

Baroness Falkner of Margravine Excerpts

Monday 16th April 2018 Lords Chamber

[Baroness Falkner of Margravine (LD)]

My Lords, this is a sober moment for this country because, although we are extremely relieved that the operation has been successful, we have not seen the threatened Russian retaliation yet, so the game is not over and it is time to reflect a little bit. I am concerned that the Statement repeated here said two things. One was that speed was essential, yet we took seven days. The definition of an emergency is a serious, unexpected and often dangerous situation demanding immediate action. The second thing we have been told today is that the House of Commons is not to be trusted. Despite assurances given by Mr Hague in 2011 and the assurances Mr Cameron gave after the Chilcot report in 2016, when he repeatedly told the other place that it would be extremely exceptional that the convention that had been agreed and established in both Houses would be disregarded, this week that convention has been disregarded. The Minister may know that I had a Private Member’s Bill to codify a war powers Act that would have allowed this action to go ahead had it been codified. Will the Government now go back and contemplate resolving this once and for all?

[Baroness Evans of Bowes Park]

I am afraid I disagree with the noble Baroness’s question. We made a decision and there was a Written Statement a couple of years ago. The position remains that we will not be codifying the convention in law or by resolution of the House in order to retain the ability of this and future Governments and the Armed Forces to protect the security and interests of the UK in circumstances that we cannot predict and to avoid such decisions becoming subject to legal action. That is what we have stated and that remains our position.