House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL]

Debate between Baroness Hayter of Kentish Town and Lord Adonis

Committee: 2nd sitting (Hansard): House of Lords
Friday 7th September 2018 Lords Chamber

[Baroness Hayter of Kentish Town (Lab)]

My Lords, we will try not to provoke beyond endurance. I regret this amendment to the Motion that we should go into Committee. In a sense, it is another Second Reading and that really is not the way that we deal with Bills. I will say only two things. First, 1999 is nearly 20 years ago; in that time, much has happened and much is happening now. Just down the corridor they are reducing the number of MPs by 50, as if that has no impact on the size of the Government or of this House. It seems extraordinary that when the Government are putting a lot of pressure into doing that, they now sit and say that they will do nothing on this issue. That is regrettable. It is something that we could do.

Secondly, I think that the noble Lord, Lord Wakeham, is wrong to say that it is not for us to do. In the very wise words of the noble and learned Lord, Lord Brown, this is our way of showing that it is for this House to begin to do something. If we take a lead on this, it will help to give a fair wind to Burns. If we cannot even do this minor thing—this just puts more men into this House; a very small number—and begin to reduce the numbers, it does not seem to me that we are very interested in bringing this House into the current century.

[Lord Adonis (Lab)]

My noble friend is setting out the position of our party but the Labour Party manifesto at the last election, which both she and I supported, said:

“Our fundamental belief is that the Second Chamber should be democratically elected”.


Can she explain how this Bill advances that cause?

[Baroness Hayter of Kentish Town]

This Bill is about something much more immediate. We are not actually in government. It is very nice to say, “If we want to be in government, we could do something about this House”, but we are not there at the moment. The House can do something at the moment with this Bill. It is a very modest proposal and I call on all noble Lords to move with speed today and get the Bill through.

--- Later in debate ---

[Baroness Hayter of Kentish Town]

Perhaps I may make one small point. I apologise to my noble friend, having said that I would stay quiet all day. I want to say one thing about why the Labour Party so supports this amendment. It was never about the political balance in this House. In fact, it has been a Labour Party claim for a long time that the idea that because people whose fathers, grandfathers, great-grandfathers and sometimes great-great-grandfathers did service for this country and were therefore put in this House, their subsequent children, grandchildren and great-grandchildren should be here is one that we no longer find democratic. That is the reason why we support this Bill. We put the issue of any political balance on the very wide and strong shoulders of the noble Lord, Lord Burns, and when we are able to move to a smaller House, we will deal with it then. This is not the way to do it. The importance of the Bill is that it is incredible that in the 21st century, we are talking about having by-elections for people because of what their ancestors did.

[Lord Adonis]

My Lords, the incredible thing about the proposal before us is that we would entrench a wholly nominated Chamber of Parliament in perpetuity. My noble friend, whom I hugely respect, says that we support this amendment because it is in line with Labour Party policy. My noble friend Lord Grocott gave me a lecture earlier about how my position was inconsistent with that of the party. The Labour Party’s policy at the last election was:

“Our fundamental belief is that the Second Chamber should be democratically elected”.


I keep inviting my noble friend Lord Grocott to say whether he supports the Labour Party’s policy. Does he support a democratically elected House of Lords?

European Union (Withdrawal) Bill

Debate between Baroness Hayter of Kentish Town and Lord Adonis

Report: 5th sitting (Hansard): House of Lords
Wednesday 2nd May 2018 Lords Chamber

[Lord Adonis]

The noble Lord—I would like to call him my noble friend—gives the game away. He says that he imagines that this person might represent an English constituency. In fact, he might or might not. If the noble Lord, Lord Bourne, were Prime Minister, he comes, I understand, from Aberystwyth. He would then be the representative of the UK Government. In our lifetime, I served under one Scottish Prime Minister. I have never served under a Welsh Prime Minister, but there have been one or two Welsh candidates for that post in the past.

In England we are not very good at this rigorous constitutional thinking. Let us be clear, even if it were an English Member of Parliament or Minister, their role would be to represent the Government of the United Kingdom; it would not be their role to represent England, separate from the Government of the United Kingdom.

Finally, when the noble Lord produces his full draft of a new written constitution for the United Kingdom with his proposal for a federal senate, which I assume will be his next amendment on Third Reading, could he please suggest some arrangements for how England will play a part in his federal arrangements?

[Baroness Hayter of Kentish Town (Lab)]

My Lords, we have a lot of sympathy for the amendment. We agree with its aims in so far as they put the JMC on a statutory basis. The formula is not one for this House to write, but undoubtedly the objective of putting that on a statutory basis is one that we support.

I think there were different Ministers at the time of the Article 50 Bill, but we had an amendment at that stage that would have required the Government to set out the relationship with the devolved authorities, particularly over Brexit, obviously. We included at that stage formalising the Joint Ministerial Committee and I think it remains a good idea. At Second Reading, or certainly since, we raised the issue in the context of the Bill.

So we are very sympathetic to the objective of Amendment 92A. Our reservation is about its form. I do not think it is in the right form, but that is not for us to do. Even more importantly, this goes well beyond the Brexit Bill and it needs looking at. We urge the Government to look seriously at the objective of Amendment 92A and to discuss it with the devolved Administrations. If this or something similar found favour and everyone thought it would be a good idea to put it on to a statutory basis, I am sure this side of the House would be very amenable to making such a movement possible.

European Union (Withdrawal) Bill

Debate between Baroness Hayter of Kentish Town and Lord Adonis

Report: 4th sitting (Hansard): House of Lords
Monday 30th April 2018 Lords Chamber

[Baroness Hayter of Kentish Town]

My Lords, we have heard the case that, having seen the terms of our withdrawal, Parliament should have the option of deciding whether to put those terms to a referendum, with the choice between yes to the terms and yes to stay in; with no other question on the ballot paper, such as better terms; and with the decision to hold a referendum to be taken by both Houses of Parliament, which of course gives the Lords a veto. Having only two options on the table may not be the best suggestion for what is now being called a people’s vote, but let us put that to one side for a moment. I want to question the wisdom of asking the Commons to vote on an amendment to the Bill at this stage, which opens up the issue of whether we hold another referendum, given the implications of such a discussion right now for both our national debate and the negotiations with the EU.

On the former, what would it mean here at home? I see a divided country. The referendum may not have divided us, but it certainly provided evidence of that divide. London and Scotland feel quite a different nation from most of the UK on the Brexit question. Views are sharply divided—not helped by the Government, I am afraid. In June 2016, one might have expected a Prime Minister to reach out to the whole nation, including those hurt by the outcome, to bring the country back together. Sadly, instead, David Cameron walked away and the new Prime Minister, in her approach to the negotiations and the sorts of relationships we want to have with the EU after we leave, instead of trying to reflect the fact that nearly half the voters would have liked to stay in, took what I consider an overhasty decision to focus on a particular type of exit, which is really anathema to those on the losing side. Regrettably, she continues to listen only to those on the winning side—those who called for a referendum, who campaigned for us to come out, who won the vote and who now want the hardest of Brexits: a go-it-alone version, leaving behind the very successful trading relationship we have now. This House has voted against coming out of the customs union, but the Prime Minister is still failing to bring the country together and build a wider consensus. She is turning a deaf ear to business, which is crying out for a better sort of Brexit.

I therefore wonder what will happen to the national debate about the sort of Brexit we want if, quite unnecessarily at this moment, we insert into the Bill the potential of a new referendum, with all the division that that will cause. It is unnecessary because the amendment we passed one hour and 25 minutes ago does not close off the possibility, though nor does it trail it. It gives the option as a potential, as indeed the Labour Party conference agreed some time ago, as my noble friend Lord Adonis reminded us, but my concern is that moving the current discourse on to the issue of a second referendum, when the real question before Parliament is the sort of deal we should be seeking, will foster more division and distrust, and it will let the Government off the hook about their disastrous negotiating strategy and the formulation of that strategy.

The external consequences of the amendment have already been mentioned. It is possible that the introduction of a new element of uncertainty—that the deal might need to go to a referendum—could make the necessary compromises in the current negotiations with the EU harder to achieve.

We do not rule out any form of democratic engagement, but we are not persuaded by this call now. We are not sure what exact question the referendum would ask because, if it is only out on the terms negotiated or out with no deal, that would be meaningless; out on the current terms or staying in may also not be the full range of options. We are not persuaded that this is the debate that Parliament or the people want at this moment. In the words of my noble friend Lord Campbell-Savours, it is premature.

There is a further issue. For the referendum to be accepted by the electorate, it would have to be supported more widely than just by those who favour a particular outcome; otherwise, it will be seen simply as a device to stop Brexit rather than a serious poll on the terms negotiated. At the moment, with just one exception—Nigel Farage—only one side is campaigning for a new referendum. Therefore, that is how I fear it will be seen.

We will abstain on the amendment. But more than that, I ask colleagues across the House to think twice before supporting a referendum now, given that that might further divide the country, rather than unite it; given that the option is always there anyway; and given that that would take the attention off the negotiations at this critical moment.

[Lord Adonis]

Why does my noble friend think that opinion will be less divided in October than it is today?

[Baroness Hayter of Kentish Town]

It may or may not be, but that will be an issue for then. The issue for now, surely, is the negotiations that are taking place and the maximum input and effect that we can have on them.

We need to use every bit of our persuasive powers to change the objectives that the Government seem to have set their red lines on. Not everyone will agree with me on that, but that is where the public debate should be at the moment. I have heard the arguments for a referendum. This is not the time to get the public debate back on to that rather than on the subject of the negotiations. I urge that we abstain on this amendment.

European Union (Withdrawal) Bill

Debate between Baroness Hayter of Kentish Town and Lord Adonis

Committee: 10th sitting (Hansard): House of Lords
Monday 26th March 2018 Lords Chamber

[Baroness Hayter of Kentish Town]

My Lords, it is worth the wait. We need to be clear that these amendments—which return to the Bill its original flexibility over exit day—are not about overturning the decision to leave. They are about removing the straitjacket the Government inserted at the behest of some ardent Brexiteers more anxious to earn their spurs than help the Government in their delicate negotiations. Importantly, the amendments enable the Bill to fulfil the task set for it: to provide a functioning statute book and legal certainty as we withdraw from the EU.

A fixed, immutable date undermines this, which even the Government acknowledge as the Bill contains a get-out in Clause 14(4)(a). The two drawbacks of the fixed date are: first, it undermines the transition period, which is rather vital for our departure; and secondly, it undermines the Government’s negotiating strength. Indeed, it appears to make it illegal, without the use of Clause 14(4) for the UK to extend the Article 50 negotiations period by even a single minute—even if the EU 27 unanimously agreed to do so, and even if it were in our country’s best interests.

With regard to the transition, assuming it will be on current terms, the ECJ would continue to have some hold under those. Therefore, triggering Clause 6(1) to end its jurisdiction on 28 March next year is a nonsense. This needs to be delayed until the end, not the beginning of the transition phase, or, in the case of EU citizens, whom we have promised can access it for eight years, a later date, as may also be needed for our continued participation in Euratom or other agencies.

Turning to the negotiations, as our EU Committee says:

“The rigidity of the Article deadline of 29 March 2019 makes a no deal outcome more likely. For the Government to compound the rigidity of Article 50 by enshrining the same deadline in domestic law would not be in the national interest”.

[Lord Adonis]

My Lords, does my noble friend not agree that it is a question not just of rigidity but of parliamentary sovereignty that Parliament should not agree the date of withdrawal until we see the withdrawal treaty? The flexibility to which she refers in Clause 14(4) is flexibility only at the behest of the Government because they have to move an amendment to the date, whereas it should be Parliament in the driving seat. Parliament should not agree a Brexit date until we see and have approved the withdrawal treaty.

[Baroness Hayter of Kentish Town]

I think that that is what the amendments seek to achieve and, as this House has said again and again, the whole idea was meant to be to bring back decision-making to Parliament.

European Union (Withdrawal) Bill

Debate between Baroness Hayter of Kentish Town and Lord Adonis

Committee: 5th sitting (Hansard): House of Lords
Wednesday 7th March 2018 Lords Chamber

[Lord Adonis]

Perhaps I may respond to the noble Baroness and make one further brief point. The noble and learned Lord, Lord Mackay of Clashfern, said that we should be proud of our courts and the work they do. I entirely agree with him; however, we are told time and again—indeed, it is part of the argument for Brexit—that our courts are of course subservient to Parliament. They implement and give judgments on the laws that are passed by Parliament, which has still not guaranteed the rights of European Union citizens resident in this country. Moreover, because it is not being invited to do so by the Government, at the moment it will not make any declaration about those rights after the end of March next year. That, I believe, is shameful.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, I want to concentrate on the last point made by my noble friend Lord Adonis and on the arguments made, particularly on Amendments 49 and 52, by my noble friend Lord Foulkes and the noble and learned Lord, Lord Wallace of Tankerness. I do so because the bit that is so critical is implementing what in December the Prime Minister said would be on offer to EU citizens already living here and which we need to put into law. That is an absolute priority and a priority for this Committee.

As we have heard, there is a particular need, because of what the Prime Minister agreed to in December, for the Government to rethink their blanket refusal to allow access to or take heed of the Court of Justice of the European Union within this Bill. It has been written out of the Bill precisely because of the draft withdrawal agreement—it is called a report, not an agreement—produced in December. As drafted, that document will allow access to what I still call the ECJ for EU citizens resident here for another eight years, which is why that is mentioned in the amendment. It would fulfil the undertaking written into the report last December with regard to their rights.

It was suggested in one of the meetings I had with a Minister—I cannot remember who—that everything is fine: we should not worry because it will be put into law by repealing parts of the Bill before us more or less as soon as Her Majesty’s ink is dry on Royal Assent. That is one way of dealing with it, and I gather the idea is that we pass this Bill and then start amending it. But to me, that seems a little weird, given that this Bill is before us now and can be amended in the way required by the December agreement so that we get it correct now. That would provide certainty and would ensure that it is in the correct form—I am sure that if the wording is not quite right, the noble and learned Lord can correct it. It would mean that it is done in good time and not at a rush after October or whenever everything else is settled.

European Union (Withdrawal) Bill

Debate between Baroness Hayter of Kentish Town and Lord Adonis

Committee: 3rd sitting (Hansard - continued): House of Lords
Wednesday 28th February 2018 Lords Chamber

[Lord Adonis]

My Lords, I am afraid we again get into the Alice in Wonderland world here, as we were in the debates on Erasmus and Euratom. My understanding from discussions with the European Investment Bank when I was chair of the National Infrastructure Commission is that if the Government were to wish to stay a member of the European Investment Bank, that might be possible. There are lots of legal issues which would need to be addressed, but it might be possible. However, it is the Government’s policy, as a matter of principle, that we will withdraw from the European Investment Bank because it is seen as a European institution and apparently the instruction from the British people two years ago was that we must withdraw from it for exactly the same reason that we must withdraw from Euratom: it is seen as a European institution and we are supposed be withdrawing from all of them or else Brexit does not mean Brexit.

We are engaging in self-inflicted harm purely for an ideological purpose by choosing not to be part of an institution which has “Europe” in the title. What has concerned the Committee so much in our debates is that sector by sector, area by area, we are committing to policies that are going to make the country worse off bit by bit. The cumulative effect of all this is going to be immensely serious. Where it is possible to not engage in that self-inflicted harm, it seems to me to be just a matter of common sense not to do so. I would be very grateful if the Minister could tell the Committee the Government’s policy in respect of lending currently made by the European Investment Bank and whether it might still be open.

I am constantly encouraging, and we have the more emollient face of the Government responding to the debate in the noble Baroness. I always have very high hopes of her because she sounds so reasonable when she replies. It may just be that she is so practised at doing these things, but I very much hope that she might give us a commitment that the Government will consider remaining a part of the European Investment Bank and not putting this essential investment in the future infrastructure of the country at risk, as appears to be happening at the moment.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, I do not like to start by contradicting my noble friend, but I have not heard the Government ask that we leave the Eurovision Song Contest, so there is one thing they are content with despite the name containing “Euro”.

This amendment is important not simply for the amount of money being spoken about but what it is used for. I think I heard the noble Lord, Lord Callanan, say from a sedentary position “It is our money”, somewhat missing the point of the amendment, which is about having regard to the principles of social and economic cohesion which we signed up to, welcomed and have benefited from. In fact, it is particularly important given the drive to equality whether in this country, Europe or both. The noble Lord, Lord Wallace of Saltaire, reminded us that England has the deepest regional disparities of any country in Europe. That is why it is not just the money, although I will come on to that, but what we want to use it for and how, and the need for a long-term aspect, as my noble friend Lord Adonis said.

This article enables funds to be used in a way that particularly led to our disadvantaged regions benefiting enormously from the Cohesion Fund, the European Regional Development Fund and the European Social Fund. In the period 2014 to 2020, they will have brought £12 billion our way, and it is not simply the money but the way it is aimed to reduce disparities and concentrates on what the EU calls less developed, transition or other regions. These are significant amounts, but it is the aims and objective that are important. They help create jobs, with start-up businesses, and with research and development. They have had a particular impact in Cornwall, west Wales and the valleys—some of us have to declare an interest there. We have heard of particular cases which have already benefited from this sort of money, including through the environmental impact of some of them, as mentioned by my noble friend Lady Young.

The important thing now is to look forward. As we have heard, the Government, in preparing for our departure from the EU, committed themselves to what they call a,

“UK Shared Prosperity Fund … using money returning to the UK from European structural fund”—

if it has not already gone to the NHS or anywhere else. The idea, as laid out in the Conservative manifesto, is to use that same amount of money. The Exchequer Secretary, Robert Jenrick, promised,

“to consult widely ahead of its launch”.

However, he did not commit to matching ERDF funding after Brexit, so the consultation would presumably be about its use. We have been told:

“The design … is currently being considered, including its funding arrangements, and further details will be set out in due course”.


Although he is not replying to this amendment, the Minister often reminds me that in a year and a month today, we are due to leave. That is not much time for getting these details, even in draft form, let alone for consultation or beginning to think about how people might use these funds. There is undoubtedly some urgency.

I hope that we could maybe have that detail from the noble Baroness as well as the basis on which the Government are planning to allocate the money. Will it be, as we heard suggested, under the Barnett formula, which is on a per head rather than per need basis? Will it be long term? What will the other attributes be? Will it be whoever wants matching funding or something else? Will it be concentrated in the same sort of areas as before? These are important questions, as I am sure she appreciates. It is a matter of funding, otherwise we might lose £8.4 billion from the sort of work that has been done to reduce inequalities. We need to know not just the amount but that it will be targeted towards achieving the same sort of ends as Article 174.

European Union (Withdrawal) Bill

Debate between Baroness Hayter of Kentish Town and Lord Adonis

Committee: 1st sitting (Hansard): House of Lords
Wednesday 21st February 2018 Lords Chamber

[Baroness Hayter of Kentish Town]

I am sorry to say this, but the amendments were taken by the Public Bill Office as being in scope. They are therefore relevant to the House.

[Lord Adonis]

My Lords, before the Minister finishes after the very short intervention that he has just made, I point out that he did not respond at all to the points made by noble Lords from around the Chamber about the Good Friday agreement. Would he give the view of the Government, since it appears to be in question at the moment, about the future of the agreement and whether he agrees with the former Secretary of State for Northern Ireland who said it had now served its purpose?