European Union (Withdrawal Agreement) Bill

Baroness Hayter of Kentish Town Excerpts

Report: 2nd sitting (Hansard) & Report stage & Report: 2nd sitting (Hansard): House of Lords
Tuesday 21st January 2020 Lords Chamber

[Lord Griffiths of Burry Port (Lab)]

My Lords, some of the speeches have painted on a large canvas. I would like to focus on the amendment itself. I am reminded of a discussion here yesterday about the possibility—perhaps fatuous—of moving this Chamber to York in the name of reaching out to the population of this country. I mention that because, 20 years ago, in the name of reaching out to the country at large, the devolved Administrations came into being. The 20 years in between have offered enough evidence of the fact that you do not just bring things into being; you support and sustain them by developing a relationship that enhances partnership between the devolved bodies and the United Kingdom Parliament. I wish that people on other Benches would realise just how disappointed people in the devolved areas are about what has happened over the last 20 years and the way in which—begrudgingly, as it seems to them—some concessions and developments have come into being. I just wish people could feel that.

I have three children. When they were growing up, as teenagers, the most important aspect of parenthood that we had to learn was the moment when you establish trust. You move away from authoritarian modes of existence with your own children, and you trust them, even when sometimes they make mistakes. It seems to me that, in this amendment, we are asking simply to give visibility to a stance that we could describe as trust; that is the heart of it. As the noble and learned Lord, Lord Thomas of Cwmgiedd, said, it does not seek to change the provisions of the Bill; it just says that we should trust each other as we go along.

I would be surprised if I am the only one who has had to educate myself, because the new clause proposed by the amendment would, if accepted, go in after clauses that describe the UK-EU joint committee, and it is terribly confusing to talk about the Joint Ministerial Committee in the context of movements that bring that joint UK-EU committee into being. It does not end there, because we are talking about the Joint Ministerial Committee European Union sub-committee. The action we are trying to establish good relations for is what will happen in the discussions with Europe to bring about our ongoing relationship, in the period following the enactment of the Bill. We should therefore remember that we are looking to have these things written into the Bill to apply for a limited period.

My noble friend Lord Howarth is quite right: of course you cannot legislate for the processes of consultation. He went on to say that willingness cannot be legislated for, but unwillingness might necessitate legislation—and there has been unwillingness. There is a lack of empathy. Even the noble Lord opposite spoke about hardness and refusing to accept a position that will create difficulties. That is never in anyone’s mind at all.

I go back to discussions in Committee and the intervention made by the noble Lord, Lord Kerr, who said:

“The best option would be to include representatives of the devolved Administrations in the negotiating teams that go to Brussels when the subject for discussion is going to touch on the competence of the devolved Administrations.”—[Official Report, 15/1/20; col. 672.]


If they are going to discuss the competence of the devolved Administrations, is it not fair and proper that those from the devolved Administrations most affected might be there to add their voice to the discussions? Is that not reasonable? Are we not talking about common sense?

We are looking at this in a binary way, thinking that everybody who has a different view is somehow invested with animosity towards the Government. We are talking about bringing out of all this something that stands up and appeals to people on the basis of common decency and fair play. I am happy to rest my case there.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, we strongly support Amendment 17, without which the whole nation of Wales could be excluded from preparing for input into the UK-EU negotiations. As the noble and learned Lord, Lord Thomas, said, and as the letter of 16 January from the noble Lord, Lord Duncan, to your Lordships sets out—I hope people have now got it—the Government have promised that representatives of the Northern Ireland Executive will be invited to be part of the UK delegation and to take part in any meetings of the joint committee discussing Northern Ireland where the Irish Government are involved.

That guarantee is welcome; I do not undermine that at all. But where is the equivalent recognition that, where the specific issues of other constituent parts of the UK are discussed, they too can be at the table, or at the very least be assured that the JMC on EU Negotiations has been briefed and will feed into Her Majesty’s Government’s negotiating position with the EU? The Government are seen as giving scant regard to the devolved authorities’ interests and legitimate role in the negotiation, which is why a statutory role is needed. As my noble and learned friend Lord Morris of Aberavon said, the voluntary way has not worked sufficiently well.