European Union Referendum Bill

Baroness Morgan of Ely Excerpts

Monday 23rd November 2015 Lords Chamber

I welcome the idea of the report. I hope that it will be even-handed and take account of the dangers inherent in our continuing membership of the EU as well as the manifold problems that we have with it now anyway. Therefore I support the amendment, although I am not sure that the mover of the amendment will support what I have just said.

[Baroness Morgan of Ely (Lab)]

My Lords, I am going to resist the temptation to revisit the Second Reading and Committee stages that we have undergone so far and I shall address the amendment that we are supposed to be discussing. It is essential in this EU referendum that the public have information at their disposal not just in terms of what will change as a result of the Prime Minister’s renegotiation, but also in terms of what potentially will change if we leave the European Union. That is what we are addressing at the moment.

Most respectable companies and charities have a risk register—a list of where there may be unpredictable changes if circumstances change. In this amendment, we are essentially asking for a register of where we will have to act in some way or another if we leave the EU. I thank the Government for understanding the need for this information. We are grateful that the Government have listened and that they understand that we are not asking here for any kind of hypothetical explanation of what might happen if we were to leave; we want to know what domestic systems they would need to replace for EU systems if we were to leave. We want a comprehensive list of what issues and subjects would need to be addressed. I emphasise that we do not want this information to be loaded in any way; plenty of that will be pushed during the course of the referendum debate itself. Here we are looking for statements of objective facts that are in no way speculative.

The Electoral Commission has suggested time and again that the public are unclear about the situation and are anxious for more information to help them to make an informed choice. The public currently take a whole series of rights and responsibilities for granted, which many will have no idea are related to our membership of the European Union. We are therefore grateful to the Government for introducing their amendment, which understands the need to set out these rights and obligations in a comprehensive way.

[Lord Spicer (Con)]

What is the point of these facts if we do not allow compensatory facts to be included in the total effect? If you do not look at the net effect, what is the point of the facts?

[Baroness Morgan of Ely]

The whole point is that we need to know what the situation is today and what we will need to change. In some way or another, we will have to revisit these issues. What are these issues? What is that list of rights that the public will need to know will change as a result of our leaving the European Union? That is not clear—it is not written down anywhere. We think there should be a register or list of rights that are currently there as a result of our membership of the European Union.

[Lord Lamont of Lerwick]

The yes campaign has spent an enormous amount of time listing and scaring the pants off people, terrifying the public with all the things that are uncertain, so why do the Government have to argue one particular case in addition to the case they are arguing?

[Baroness Morgan of Ely]

We are not asking for the Government to argue a case; we are asking them to list what the responsibilities are, which is very different. We talked earlier about agriculture. Yes, some may argue that the Government would very happily replace any money that has come from the CAP with some kind of domestic policy. Others may think that the Chancellor may just grab that £20 billion to fill the black hole in his deficit. Who knows? We do not know what will happen and we will not enter that realm of speculation. However, we know that we would have to address the issue of agriculture if we were to leave the European Union. That is an objective statement of fact, which is what we are looking for here.

I thank the Minister for noting and listing most of the points we have set out. I assume that when she talks about social rights, she includes employment rights within that. I will not relist them—they are now on record—but I concur with the noble Lord, Lord Wigley, that it would be beneficial to have a regional breakdown of the impact of funding if possible.

Some of those rights will be in the gift of the Government to implement at a domestic level. We must be aware that to cease our membership would allow the Government to repeal the rights that are currently secured by our EU membership; we have heard the examples of agriculture and structural funds. Other rights, such as the ability to access continental hospitals, would not be in the gift of the Government and would be subject to negotiation with our previous EU partners. Whether they want to play with us after our exit would be, to an extent, beyond our ability to influence.

I am grateful to the noble Lord, Lord Pearson, for drawing attention to the fact that there would be considerable legislative and statutory consequences to withdrawal. The noble Lord came up with some figures for how long and how many people it would take to rewrite all the laws that have accumulated over 40 years. It would be useful to know if the Government concur with his suggestion and whether the same is true for devolved Governments as well.

The Minister did not specifically mention the rights of EU citizens in the UK and UK citizens in the EU. It would be useful if she would give some commitment that they would be covered by the reports.

I will not go on to deal with the second part of the Government’s amendment, relating to alternatives to EU membership. We will come to that later in the debate but, as the amendment is set out at the moment, I am afraid it would not be acceptable to us.

[Baroness Anelay of St Johns]

My Lords, I thank all those who have contributed to the debate on this important issue. As the noble Lord, Lord Hannay, pointed out at the beginning, nearly two hours ago, it is important that we are able to produce factual, objective information that is additional to the rhetoric of campaign. The Government have directed their attention to putting forward amendments that address the need for the public to have that information. I am grateful to the noble Lord, Lord Hannay, the noble Baroness, Lady Morgan, and other noble Lords for their contribution, not only to this debate, but to the passage of the Bill in general.

The Government have considered the range of views presented in Committee and, as I outlined earlier, we have brought forward Amendments 24A and 24B, which we have been discussing. The noble Lord, Lord Hannay, asked for further reassurance that the devolved Administrations and Gibraltar would be covered under Amendment 24B and asked how that would happen. I can reassure him that, under these amendments, the reports published by the Government will include information on the position of Gibraltar and the devolved Administrations, including Northern Ireland. As I mentioned earlier, we will need to be mindful of the constitutional position of Gibraltar and the devolved Administrations and we will continue to engage with them. The noble Lord, Lord Hannay, and the noble Baroness, Lady Ludford, also raised the question of law and order. I will not rehearse the discussions we had on another occasion about Protocol 36, but I can reassure the noble Lord that the rights and obligations arising from this area would be in the scope of the report set out in Amendment 24B. The noble Baroness, Lady Ludford, specifically asked whether civil justice was included within the definition of justice. The answer is yes, as with all these matters, to the extent to which we have opted in.

My noble friend Lord Hamilton asked what would happen if my right honourable friend the Prime Minister returned empty-handed or, at least, with an agreement that he felt was not good for this country and the other 27 states. My right honourable friend David Cameron has been engaged, along with my right honourable friends the Foreign Secretary, the Chancellor of the Exchequer and David Lidington, in negotiations throughout the summer and autumn and these have stepped up a gear. We have confidence that we will be able to present to the country a deal that is good for the United Kingdom and our colleagues across Europe, which is what needs to be achieved. However, the Prime Minister has also made it clear that, in the remote contingency that that did not happen, he would have to take a view. His view at the moment is that it is in the interests of this country that we all work together, as hard as we can, from every single party and none, to ensure that the right deal is achieved. That is where our concentration lies.

My noble friend Lord Hamilton also asked which countries will be used as examples under the second part of my Amendment 24B and asked specifically whether South Korea would be covered. Amendment 24B will require the Government to give examples of countries that have arrangements with the EU other than membership. It does not require the Government to comment on every single country that has a relationship with the EU. It will be appropriate to select a range of examples that most usefully and effectively demonstrate the existing arrangements to inform the public in an objective way. However, it would not be possible or even right for me to try to confirm the exact contents of such a report at present because it would lead to a tome. I am mindful of what the noble Lord, Lord Owen, reminded us earlier. These reports must be meaningful and accessible. If they are like Encyclopaedia Britannica, they would not do the job that noble Lords have required the Government to achieve.