European Union (Withdrawal) Bill

Baroness Goldie Excerpts

Committee: 2nd sitting (Hansard - continued): House of Lords
Monday 26th February 2018 Lords Chamber

I recognise that some of these amendments are probing at this stage. Nevertheless, we strongly support the principles behind them, particularly their call for greater detail and specificity from the Government, as was called for and demanded by the noble Viscount, Lord Hailsham, and by others, and even for the clarity required by the noble Baroness, Lady Deech. Continued co-operation with the EU is vital for our security and our wider interests, and to ensure that we can continue to make a positive impact abroad, as well as maintaining our reputation as an outward-looking nation. These issues are important, and we look forward to hearing what I hope will be a positive and detailed response from the Minister.

[Baroness Goldie (Con)]

My Lords, I thank you all very much indeed for contributing to a genuinely extremely interesting and useful debate. I thank the noble Lord, Lord Adonis, for his very warm words of welcome. I fear that it is inappropriate to say this to someone bearing the name Adonis, but I fear I may be doomed to disappoint him. I will try to deal as best I can with the various points that have been raised.

The Government share with this House the objective of building a close and co-operative relationship with the EU on issues relating to defence and security, as referred to by the noble Lord, Lord Wallace of Saltaire, or to foreign affairs, security and intelligence, as referred to by the noble Lord, Lord Adonis. These are indeed vital matters. The continued security of Europe and of our citizens is paramount to us. It would just not be in our interests to see that co-operation diminish.

The purpose of the Bill is, I suppose, mechanical and rather tedious, but it is a mechanism to try to ensure that the UK statute book continues to function after we leave the EU and that it is not riddled with gaps and holes. That is what this Bill is all about. Amendment 12, as proposed by the noble Lord, Lord Wallace of Saltaire, is about the future relationship with the EU and securing it. That is vital—nobody disputes that—but it is of course inevitably, and I am sorry to use the platitude, subject to the current negotiations. Given that the Government have already committed to providing Parliament with a meaningful vote on any final deal, I respectfully suggest to the noble Lord that perhaps this Bill is not the appropriate forum to raise these concerns. I still think that the debate is an appropriate forum in which to articulate them.

[Lord Kerr of Kinlochard]

Could the noble Baroness reassure me that there is a negotiation going on on the future relationship between the UK when it has left and the common foreign and security policy of the EU? Is there a negotiation going on? I have the impression that there is not. I was trying to say that we should start one by making a proposal now.

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[Baroness Goldie]

The noble Lord will understand that I am a very lowly mortal and that I am not privy to the detail of the negotiations. What is clear from what the Prime Minister has said is—just as the noble Lord, Lord Adonis, very helpfully identified—how extremely important these issues are to the Prime Minister. I am absolutely certain that, within the holistic forum of the negotiations, these matters are certainly being discussed and looked at.

[Baroness Hayter of Kentish Town]

The noble Baroness has said, and it keeps being implied, that these are not issues for this Bill. I am sure that she knows the Bill far better than I, having read it more often, but I remind her that on page 7, Clause 9(1) says that the use of regulations is,

“subject to the prior enactment of a statute by Parliament approving the final terms of withdrawal of the United Kingdom from the European Union”.

We know that, under Article 50, those final terms of withdrawal have to include the framework for our future relationship, which is almost bound to affect and comment on issues such as this. Although on many occasions Ministers may not want to answer, there is reference in the Bill to the withdrawal deal and surely it is appropriate for us to bring to the Government anything that might be in that.

[Baroness Goldie]

Yes. My position that I advance to the noble Baroness—I was just going to come to this in my speech—is that there will be a subsequent opportunity for Parliament to look closely at whatever the withdrawal agreement is and its implementation. In addition, the Government have committed already to providing Parliament a vote on the final deal. Parliament will be given the opportunity to scrutinise the future relationship between the UK and the EU. That is why I submit that the Bill before us is essentially of a mechanical nature. That is what it is: it is trying to ensure, as we leave the EU, that we make sense of transferring the necessary laws, enactments and regulations, whatever they may be, into the statute book of the United Kingdom. The noble Baroness is quite correct that Parliament should have that right to scrutiny, of understanding what the agreement is and questioning how the implementation will take place; I am pointing out that these opportunities will be there. Parliament will not be denied that opportunity.

[Lord Campbell of Pittenweem]

Will the noble Baroness give way? I shall be very quick.

[Baroness Goldie]

My Lords, I would be happy to give way later, but I am quite anxious to make progress. Important points have been raised. I want to try to keep the theme running as to how I will respond to them.

The noble Lord, Lord Adonis, referred to the Prime Minister’s speech in Munich. She gave a very important speech because she detailed further how the UK envisages future collaboration with the EU on internal and external security. She reiterated our unconditional commitment to European security. I turn to a very important point raised by the noble Lord, Lord Hannay, and echoed by the noble Lord, Lord Adonis. I say without equivocation that we remain absolutely committed to ensuring European security and developing this deep and special partnership. Our desire for a close working relationship on foreign and security policy is not conditional on other areas of the negotiations. I hope that that reassures the noble Lords.

[Lord Campbell of Pittenweem]

We have, effectively, a willing buyer and a willing seller when it comes to security and defence. Why not take the opportunity of concluding that bargain? It would be much easier to do than, for example, the trade agreements that we hope to deal with in the future.

[Baroness Goldie]

This is like the fair in Paisley: things coming from one side, interventions coming from the other side and voices from behind me. I am not sure that I entirely agree with the analogy. It is the case that explorations are taking place, if you like, between a buyer and a seller—that is what a negotiation is—but these are sensitive negotiations. I am trying to make clear in the course of my speech—perhaps if I can make a little progress it might become more apparent—just how committed the Government are to addressing the issues raised by your Lordships. They are issues of real concern and are certainly of vital importance. That is because our shared values—those values between the United Kingdom and the EU—are manifest and universally acknowledged. I hope that universal acknowledgement understands that we do not need the text of the Bill to explain to everyone that it is there. I hope that everything that we have done as a member of the EU and all that we are doing in the conduct of the negotiations, particularly as made clear by the Prime Minister’s remarks, will reassure all just how serious we are about these matters.

We have proposed a bold new approach to security co-operation with the EU, including a comprehensive framework for future security, law enforcement and criminal justice co-operation, and for future co-operation on foreign and security policy. I say to the noble Lord, Lord Wallace of Saltaire, that, as we leave the EU, of course our consultation on the CFSP will change, as it inevitably has to do. With considerable justification, many of your Lordships—the noble Lords, Lord Wallace of Saltaire, Lord Judd, Lord Hannay and Lord Campbell, my noble friend Lord Hailsham and the noble Baroness, Lady Hayter—were anxious to get some idea of what the post-Brexit position would look like in relation to these issues of critical importance.

I say by way of preface to all of this that, as a Government Whip for the Foreign and Commonwealth Office and for Defence, I have regularly found myself at this Dispatch Box outlining positions on foreign affairs and defence which are UK derived. They are positions that we have reached by ourselves and as a consequence of our NATO membership—which is very important, as acknowledged by the noble Lord, Lord Campbell—as part of our P5 position on the United Nations Security Council or as a consequence of discussions with our global allies. We do that now on our own account. I make that point to explain that, while we value the relationship that we have had with the various agencies in the EU, there is another territory out there that is also extremely important to the future security not just of this country and the EU but of our global partners.

[Lord Browne of Ladyton (Lab)]

It is crucial that we understand that the Prime Minister proposed in Munich a treaty for what was referred to as “internal security”, which is internal security within the European Union. It would be a treaty which had plenty of detail and clearly reflected co-operation with the existing institutions of the European Union—that is where we get into discussion about the European Court of Justice. But for external security, there would be co-operation. Why this difference? Why a treaty for internal security, and why just co-operation on global security, with a clear indication that we would leave the European Union’s foreign policy on the date of Brexit?

[Baroness Goldie]

There seems to be an inescapable distinction between these two positions. In relation to the internal security of the EU, there can be a meaningful discussion about what we can do to assist and support that, but when it comes to external security and just as I have outlined, there is a multiplicity of other positions, agencies, alliances, relationships and partnerships which govern what we do. I can see that what would be appropriate to deal with one scenario might not be appropriate to deal with another, but I say that without prejudice to whatever the negotiations are currently covering. I am not privy to the detail of the negotiations, but there seems already to be evidence that constructive dialogue is taking place. From what we have heard from the Prime Minister and her absolute and unqualified commitment to security and to trying to embark on as close and harmonious a relationship as we can get with the EU post Brexit, there is no doubt about her conviction on these matters.

We have to work as closely as we can with the EU post Brexit. The Prime Minister has made that crystal clear and is right to do so. The UK is not without influence. As the noble Baroness, Lady Deech, noted, it enjoys a status in relation to these matters—I refer again to our P5 position on the United Nations Security Council. One area in which people have been sceptical is in their asking why the UK should be treated differently from other third-country partners as we try to negotiate new arrangements with the EU. Taskforce 50 noted in its presentation on external security that the EU would lose one of its two permanent members of the Security Council when the UK leaves. Taskforce 50 recognises that this could merit a specific dialogue and consultation mechanism with the UK.

Perhaps I may return to a very legitimate question posed by a number of your Lordships: what is all this going to look like and is there any sort of shape to it?

[Lord Davies of Stamford (Lab)]

The Minister has just mentioned the matter of our withdrawing from the permanent membership of the United Nations Security Council and that our withdrawing from the European Union will mean that there will be only one EU permanent member. Will that not be a wonderful day for France, which will be able to speak in the councils of the United Nations as representing the EU as a whole, and will no doubt do so?

[Baroness Goldie]

I am sorry, I think that I may have been misunderstood. I did not talk about the United Kingdom withdrawing from being a P5 member of the United Nations Security Council. I said that when we withdraw from the EU, the EU will be left with only one member, which is France. The position of the UK in that respect is powerful and influential, and I am pointing out that Taskforce 50 thought that it could certainly merit a specific dialogue and consultation mechanism with the UK.

It is pretty clear, particularly when there are many in this Chamber much more knowledgeable than I am about these important and technical matters, that to underpin our future co-operation we will seek regular institutional engagements, including specific arrangements on secondments and information sharing—that would seem to be at the heart of constructing any relationship. The nature of the threats that we face mean that we should seek a framework that could be scaled up in times of crisis. One needs a relationship which can be tested against need if situations arise when the partnership, agreement or whatever it is to be has to swing into action.

The United Kingdom intelligence community already works closely with other members of the EU. The heads of the German BND, the French DGSE and the UK secret intelligence services issued a joint statement at the Munich security conference committing to close co-operation and stating that cross-border information sharing must be taken forward on themes such as international terrorism, illegal migration and proliferation of cyberattacks after the UK leaves the EU. We want to do all that. I am trying to explain to your Lordships that there is straw with which to make my bricks. I am not just clutching it out of the air; I am trying to indicate that there are substantive matters that can be the foundation for something very firm and enduring.

Perhaps I may try to deal with one or two particular points raised. The noble and gallant Lord, Lord Stirrup, raised the important matter of sanctions. We have just passed a sanctions Bill which will provide the UK with the powers to implement our own independent sanctions regime, but we would delay these powers coming into force if we could agree arrangements with the EU concerning sanctions co-operation during the implementation period. On sanctions, as with co-operation on foreign and security policy more generally, we seek to consult and develop a co-ordinated approach before decisions are made. To enable such co-operation, we will need consultation mechanisms; for example, regular sanctions dialogues. I was very struck by the contribution from the noble Earl, Lord Listowel, who raised real and poignant issues. Nobody would disagree with that, which underlines why we need close co-operation on these vital issues.

On Amendments 164 and 166 tabled by the noble Lord, Lord Adonis, the Political and Security Committee and the Foreign Affairs Council are of course bodies of the EU. They are attended by member states and are intended for the development of the EU’s policy.

We are leaving the European Union and are not seeking to participate in these meetings on the same basis as EU members. The noble Lord, Lord Kerr of Kinlochard, identified these problems. But, given our historic ties and shared values, we are likely to continue sharing the same goals and we will therefore want to co-operate closely on a common foreign policy. The noble Lord, Lord Kerr, said very cogently that we are not talking about a zero-sum game. It was racy language for the noble Lord, Lord Kerr, but I totally agree with him. We are not talking about a zero-sum game: well established and good relationships already exist which will not just evaporate. We will seek to bind these and tie them in to our new post-Brexit relationship. We want to establish an enhanced partnership with the EU that reflects the unique position of the UK. This will include close consultation in a variety of fora. Attending the Political and Security Committee and the Foreign Affairs Council, however, is not the only means by which we can achieve that.

Amendment 165 was also tabled by the noble Lord, Lord Adonis. This amendment seeks to bind the UK—“bind” is the important word—to follow the EU’s foreign policy objectives regardless of our own views. This would limit the UK’s ability to respond independently to developments in the world post Brexit, and such a restriction would be profoundly undesirable. Of course, on many foreign policy issues the UK and EU will continue to share the same goals and will want to co-operate closely, whether that is by continuing to support the Middle East peace process or by tackling the threat of piracy off the Horn of Africa—but, again, I do not think we need texts and primary legislation to underline what are already our shared values and beliefs.

Amendment 185 was also tabled by the noble Lord, Lord Adonis, and refers to the EU Intelligence Analysis Centre. I reiterate the Government’s unconditional commitment to European security. In the exit negotiations we will work closely to ensure that the UK and EU continue to co-operate closely, including through the sharing of information, to safeguard our shared values and to combat common threats, including threats of terrorism, organised criminal groups and hostile state actors. The precise modalities and arrangements to enable this partnership will be decided in the negotiations. I do not expect this to satisfy the noble Lords, Lord Adonis and Lord Wallace of Saltaire, but I hope that it will provide them with sufficient reassurance of the Government’s commitment to continue close co-operation with the EU and its agencies and that, in these circumstances, they will see fit not to press their amendments.

I will say in conclusion—I reiterate it because the noble Lord, Lord Hannay, raised the point—that the Government have been clear that the UK remains unconditionally committed to European security. In the exit negotiations we will work to ensure that the UK and EU continue to co-operate closely to safeguard our shared values and to combat common threats, including terrorism. A partnership where we can build on the existing structures and arrangements—because it is not a zero-sum game—to improve processes will enable us to go further to respond to the reality of these. I hope that this will provide your Lordships with sufficient reassurance of the Government’s commitment to continue close co-operation with the EU and its agencies.

[Lord Kerr of Kinlochard]

Before the Minister sits down, perhaps I may say to her that she will have responded to this debate admirably if she can think of a way of conveying to the Foreign Secretary—it might be relatively easy since he is here—that there are at least some in this House who believe that the right way of advancing the dossier of co-operation with the EU that we have left on a common foreign and security policy would be for us to put forward a draft treaty now—not waiting for the other side, not waiting for the Commission, the expertise of which is not on foreign policy, but putting forward a treaty drafted by the Foreign Secretary, with all his detailed, forensic skills.

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[Baroness Goldie]

Is the noble Lord, Lord Liddle, making an intervention? I want to be clear what the order of speaking is.

[Lord Liddle]

I was responding to my noble friend’s point.

[Baroness Goldie]

I think your noble friend thought that he had been usurped.

[Lord Adonis]

My noble friend’s intervention is excellent and gives the Minister more to respond to. I know he is short of points to deal with at the end of this debate.