Queen’s Speech

Baroness Ludford Excerpts

Wednesday 18th May 2022 Lords Chamber

[Baroness Ludford (LD)]

My Lords, Europe does not figure in the title of today’s debate, or indeed of any of the five days of debate on the Queen’s Speech. Europe, it seems, has been abolished.

Some Brexit-related issues were debated last Thursday, when I could not be present as I was participating in the first meeting—finally—of the UK-EU Parliamentary Partnership Assembly, set up under the TCA. That meeting was surprisingly useful. I must admit that my expectations were rather modest, fearing that it would just be a talking shop, with speeches by rote, but it was gratifyingly political and practical—not just the very spirited exchange between UK Minister Michael Ellis and Vice-President Šefčovič over the Northern Ireland protocol, to which parliamentarians also contributed, but the calls for progress and resolution over specific issues such as touring artists, rules of origin, bivalve molluscs and citizens’ rights. From our House, the noble Earl, Lord Kinnoull, vice-chaired admirably, as one has learned to expect.

Everything points to a need to repair the UK-EU relationship, with a fundamental change in the UK’s approach signalling an intention to act as a good neighbour to the EU. The experience of co-operation with regard to the war in Ukraine exhibits, albeit in tragic circumstances, the potential for co-operation on security and defence, as the noble Lord, Lord Ricketts, talked about. I hope that the Government, having refused to countenance a chapter in the trade and co-operation agreement to that effect, might now reconsider. Can the Minister tell us what potential the Government saw in President Macron’s recent speech on a political community in Europe with “concentric circles” of co-operation and association?

I want to talk about Brexit consequentials. Both the Brexit freedoms Bill and the Northern Ireland protocol were referred to in last Thursday’s debate but they are also relevant to today. But first, a word about where we are on Brexit. It has been conclusively demonstrated that the sunlit uplands and the land of milk and honey have not materialised, but costly Brexit red tape, hits to trade and our economy, big inflationary pressures and labour shortages have, as my noble friend Lord Taverne described so well.

The Government insist that there are Brexit opportunities—we even have a Minister for them—but the National Audit Office has issued a warning that three key regulators are struggling to recruit and train enough staff to establish bespoke post-Brexit regulatory regimes after leaving the EU. They cannot recruit staff such as lawyers, veterinarians and toxicologists, so how is that going? The Liberal Democrats are right to recommend progressive steps and road maps towards a closer partnership with the EU instead of the barren and costly Brexit that we have at present, and for the UK to set out to rejoin the customs union, the single market and other EU agencies and programmes as appropriate.

The Brexit freedoms Bill is set to provide for retained EU law to be easily amended or repealed by the unamendable stroke of a ministerial pen. As my noble friend Lord Beith warned last Thursday:

“This is a profound and retrograde constitutional change”.—[Official Report, 12/5/22; col. 165.]


What consideration are the Government and civil servants giving to the constraints on what they can do to rid themselves of EU and other European law arising, first, from legal commitments towards Northern Ireland under the devolution settlement and the Northern Ireland protocol and, secondly, from the treaties with the EU?

In respect of Northern Ireland, the Belfast/Good Friday agreement obliges incorporation of the ECHR, which the Human Rights Act currently does, and Article 2 of the Northern Ireland protocol obliges the UK to ensure

“no diminution of rights, safeguards or equality of opportunity”,

including under Union law—EU law—which is set out in the annexe to the protocol. Will the legal advice that we have been promised on the Northern Ireland protocol cover this very important issue and constraint on diluting the Human Rights Act?

The protocol also requires the UK to

“continue to facilitate the … work of the institutions and bodies set up”

under the Belfast/Good Friday agreement,

“including the Northern Ireland Human Rights Commission”.

I am sorry to say that the funding and resources of the NIHRC have been so cut to the bone that its status at the UN as a category-A human rights watchdog could be at serious risk within months. That would put the UK at risk of breach of the withdrawal agreement. Are we going to be on the naughty step, like Russia? That would be hugely embarrassing as well as a legal breach. Meanwhile, any tinkering with the UK’s respect for the ECHR could bring into question the justice and security co-operation we are granted under the trade and co-operation agreement.

On data protection, the noble Lord, Lord Anderson of Ipswich, warned last Thursday that if the data reform Bill, which aims to cut the burdens on business, relaxes the EU regime in the general data protection regulation so as to

“imperil our precious adequacy agreement from the European Commission”,—[Official Report, 12/5/22; col. 171.]

that would be not only a legal breach but a huge blow to businesses, such as finance and tech. So, instead of charging around like a bull in a china shop, causing damage, when will the Government be constructive in a partnership with the European Union?