Next Steps in Leaving the European Union

Baroness Hayter of Kentish Town Excerpts

Monday 10th October 2016 Lords Chamber

[Baroness Hayter of Kentish Town (Lab)]

I thank the Minister for repeating the Statement and I welcome the chance for the House to hear formally, rather than through the press, the decision to trigger Article 50 by the end of March and the plans for the great repeal Bill—a decision which otherwise, of course, we heard about on television. We trust that this is just the first of a number of regular attendances at the Dispatch Box to brief the House on the approach being taken and on progress being made. The decisions that the Government take over the coming months and years, regarding how we exit the EU and our new relations with both the remaining EU and the rest of the world, carry huge implications for us and for future generations.

I am old enough to remember, 44 years ago this month, that it took 69 Labour MPs to defy a three-line whip to take the UK into the Common Market, contributing to the Government’s 112 majority. Without those 69—which included the noble Lords, Lord Maclennan, Lord Owen and Lord Rodgers, Lord Hattersley, Lady Williams and Lord Sheldon, and our late colleagues Lord Barnett, Lord Roper and others—Ted Heath would have been defeated. We know the implication of that vote for my party, but all of us also know it was a parliamentary vote: a key, much-discussed, vital, and, for some of those involved, very brave vote that took us into Europe.

How, therefore, can the Government now say that the trigger—the starting gun from which there is no going back—can be fired without a vote in Parliament? The Minister spoke of returning sovereignty to the UK, yet the Government want to exclude Parliament from this process, not simply on triggering Article 50 but also in debating the negotiating terms or the evolving agreements. That is not making Parliament sovereign; it is sidelining Parliament.

Will the Minister explain why the Government will not reconsider their decision to rule out a vote on the basic terms they propose before Article 50 is triggered? We understand the Government were caught short, having had no plans for Brexit in their 2015 manifesto—indeed, they were committed to,

“safeguard British interests in the Single Market”.

They then forbade Whitehall from making plans for a leave vote. But that is no excuse for not being ready by early next year to articulate their approach. If the Government proceed to an exit deal without a vote in Parliament, their specific plans will never have the approval of the public or of Parliament. We therefore ask the Minister: when do the Government propose that Parliament should vote on their negotiating objectives?

We nevertheless accept—for some of us, with much sadness—the outcome of the referendum, but that result does not give the Government a blank cheque to negotiate away vital protections for workers, consumers, the environment or, indeed, the interests of business. Throughout these coming years and the complicated negotiations, the national interest—not just the Conservatives’ interests—must come first. Aside from defence and national security, and our continuing membership of Europol, the economy and jobs are central to the national interest. Yet, it appears from the Prime Minister’s statement to the Conservative conference that Brexit means hard Brexit and that continued access to the single market is at risk, with huge risks for the economy, jobs, business and working people. Will the Minister assure the House that the Government will seek continued access to the single market on the best possible terms? Can he rule out a default position of falling back on to the WTO terms?

For my generation—perhaps for me in particular, having been born in a war-torn Germany in the late 1940s, growing up in a divided Europe, but then able to witness the blossoming of a free, open and prosperous Europe, built on free trade in a single market—the next two and a half years will be utterly demanding as we seek a new relationship with our continental allies. It is the defining issue of this Parliament and a major task for the House. Perhaps the Minister could tell us: when is the next parliamentary Session, when the great repeal Bill will arrive? Will he confirm that he will take the House with him every step of the way?

[Baroness Ludford (LD)]

My Lords, I also thank the Minister for repeating the Statement. I start, though, by querying the claim that the mandate of 23 June was “overwhelming”. Compared with the overwhelming mandate of the 1975 referendum, which was a 2:1 vote, this was a narrow majority, sending a rather unclear message that the Government are overinterpreting. While it may have been a narrow decision to leave on 23 June, it was not the decision to trigger Article 50, which first requires a great deal more knowledge of the destination.

The Government’s conduct of the Brexit process needs to meet at least four criteria. First, given the enhancement of parliamentary sovereignty and supremacy promised by the Secretary of State in his Statement of 5 September, the pledge in the Conservative manifesto of 2010 to reform the use of prerogative powers, and the claim in today’s Statement that the,

“whole approach is about empowering this place”,

I am surprised by the Prime Minister’s refusal of a parliamentary vote. The claim is that sovereignty is being returned to the institutions of the UK. That must mean Parliament, but it is not being done. I would like the Minister to explain why.

The Constitution Committee of this House said in its report last month:

“It would be constitutionally inappropriate, not to mention setting a disturbing precedent, for the Executive to act on an advisory referendum without explicit parliamentary approval—particularly one with such significant long-term consequences”.

I think that many in this House would agree with that. Indeed, Professor Mark Elliott, who is the legal adviser to that committee, has said in a blog that the Government’s “grounds of resistance” in the current litigation concede that permission is required from Parliament. They then say that permission was given by the referendum Act, which many of us would dispute, but they have conceded in that court case that Parliament’s permission is needed.

The second criterion, referred to by the noble Baroness, would be fulfilment of the 2015 Conservative manifesto pledge to stay in the single market. That is supported by the point stressed by the leave campaign that people voted in the 1975 referendum for the common market. Many people agreed with that, so, by implication, most people are happy to stay in the common market. Why are the Government not aiming to stay in the single market?

Thirdly, we need good governance. I perfectly agree that it is,

“now incumbent on the Government”,

as the Statement puts it, to deliver as orderly and smooth an exit as possible, providing maximum certainty for businesses and workers. Well, with business up in arms about the current uncertainty and the pound dropping like a stone, that is going well, isn’t it? The Government owe us all some certainty.

Fourthly, the Chancellor remarked that the British people did not vote to become poorer. That is on the cards, with import prices set to rise heavily in the new year, affecting everybody’s pocket and wallet.

Finally, the Government say that they want to move forward on a repeal Bill in parallel with the Brexit negotiations. Whatever the timing of such legislation, for which the implementation will fall due in 2019 at the earliest, it should not distract from the overwhelming need for this Parliament to be in the driving seat for the negotiations, and to not be a left-behind passenger.