Brexit: Triggering Article 50

Debate between Baroness Smith of Basildon and Lord Newby

Wednesday 29th March 2017 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness for repeating the Statement. It is now over nine months since the result of the referendum was announced and the Prime Minister has sent the letter that starts the process of our withdrawal from the European Union after a relationship of over 40 years. Just like any other divorce, there will be some who rejoice and look forward to new opportunities, but others will despair over the shared past and lost love. A few will fondly recall the marriage, divorces and remarriage of Richard Burton and Elizabeth Taylor with some hope, but, through it all, the only people to get rich were those trying to unravel those 40-plus years of relative harmony—the lawyers.

Through it all there will be one common emotion—uncertainty about the future, because the Prime Minister herself has to concede that no one can yet know what the final deal or arrangements will look like. So we now have to focus on what comes next, and what comes next is complex. While some fear for the worst, we will all work for the best. As I have said previously, the debates and negotiations cannot be left to those who have no doubt. We have to engage the talent, experience and wisdom of our whole nation together in the national interest.

Today’s letter specifies our negotiating position with the European Union. The Labour Party has set out six tests by which the Government will be judged on the final deal. They include migration, national security and crime, employment and social rights, and the need to support all regions and nations in the UK as we develop our future relationship with the remaining 27 countries in the EU. The sixth test is the Government’s own, as set out by David Davis to the House of Commons on 24 January: that on trade, the Government’s aim is to deliver,

“a comprehensive free trade agreement and a comprehensive customs agreement that will deliver the exact same benefits as we have”.—[Official Report, Commons, 24/1/17; col. 169.]

That is a pretty high bar, but it is a bar set by the Government and one that the Government will be held accountable to.

Today, I set one further test for the Government. It is not controversial and I hope that it will be willingly accepted by the Government and the noble Baroness the Leader of the House. The seventh test is the one that will set the tone for the debate, the negotiations and the mood of the nation in accepting and understanding the outcome. This test is the test of complete honesty. As the Prime Minister and her team enter into the negotiations, there will be good days and there will be difficult days; there will be days when everything seems possible and days when nothing goes right. The Prime Minister has, on many occasions, been clear about her confidence that she can and will negotiate a good deal in the interests of the UK. But there are others who are confident that any deal, or even no deal, is better than where we are now. We totally reject that. This process must not be so ideologically driven that the Government accept anything and claim it is a good deal. That is where honesty comes in. If the Prime Minister is disappointed or dissatisfied with the negotiations or the outcome of agreements, she must in the national interest be prepared to say so. If there is to be a truly meaningful vote at the end of this process, it has to be undertaken with the certainty that Parliament has the information needed to make an informed decision in the best interests of this country.

I want to raise some specifics on the Statement and the letter. On the devolved Administrations, despite the Prime Minister’s warm words that she intends to strengthen the four nations of the UK, I have to say that that is not how it feels at the moment. I have three questions on the significant increase in the decision-making powers of the devolved Administrations. What discussions have there been so far? Can the noble Baroness give an assurance on the ongoing consultation, particularly given the concerns already raised by the First Minister of Wales? Will any of these powers require primary legislation?

I am pleased that in her letter to President Tusk the Prime Minister specifically mentions Northern Ireland and the Northern Ireland border. It is right that she sets this as a priority, and I believe that the issue, if not yet the solution, is also understood by the remaining 27 European countries. However, the Prime Minister refers in the letter to it being the only land border with the UK. While that is technically correct, I remind her that we have a land border between the British Overseas Territory of Gibraltar and Spain. I appreciate that a trigger letter could never include all of our negotiating issues, but I was extremely disappointed at the omission of any reference to the people of Gibraltar and their concerns in either the Statement or the letter. The Prime Minister says that she will take into account the specific interests of every nation and region. Can the noble Baroness the Leader give this House an assurance that we will not abandon Gibraltar and that its interests will also be represented?

The commitment to seek an early agreement to guarantee the rights of EU nationals in the UK and our nationals in the remaining 27 countries is welcome. The noble Baroness will be aware of the disappointment of your Lordships’ House that our amendment to include a guarantee in legislation was rejected by the Government and the other place. The Prime Minister confirms in her letter that making this part of the negotiations is complex. I hope, therefore, that given the support of your Lordships’ House, the Government will accept the Motion in the name of my noble friend Lady Hayter, to be debated next week, that the Government should report back to Parliament before the end of this Session on progress.

I also welcome the assurance in the Statement of what the Government call the “phased process” of implementation of the new arrangements and agreements. I know that the Government do not like talking about transition and call it instead an implementation phase. I am equally happy with either. What is important here is that change is practical, workable and pragmatic and not ideologically driven towards the cliff-edge scenario. I welcome that and thank the noble Baroness and the Prime Minister for their assurances on that point.

On Euratom, I understand from the letter that the Government consider that we must come out as part of our EU exit, but given the importance of this issue, I would have liked to have seen a commitment to seeking early agreement for a new practical partnership.

I want to register concerns about the misleading language where the Prime Minister appears to connect trade and national security in her letter to President Tusk. On page 3 of the letter, she makes reference to,

“a deep and special partnership between the UK and the EU, taking in both economic and security cooperation”,

and I wholeheartedly endorse that. She then rightly points out that:

“If, however, we leave the European Union without an agreement the default position is that we would have to trade on World Trade Organisation terms”.


So far, that is clear. But the very next sentence states:

“In security terms a failure to reach agreement would mean our cooperation in the fight against crime and terrorism would be weakened”.


Because it is unclear which agreement she is referring to, the letter to President Tusk appears to state that if we cannot reach an agreement on trade, this will have an impact on security agreements. I am grateful for the reassurance and clarity from Downing Street that that was not the intention, but given the complexity and sensitivities of the negotiations that we are about to start, it is essential that there is no misunderstanding at all or lack of clarity. I suggest that, for the avoidance of doubt, in future issues such as trade and security are never linked. They are both essential in their own right and a responsible agreement on one is not dependent on the other.

Tomorrow, we wait with some anticipation the White Paper on repealing the 1972 legislation and enshrining EU legislation, in which we played our part, into UK law. However, noble Lords will have seen the comments from some on the Government Benches about this being an opportunity for deregulation or cutting so-called red tape—in other words, doing away with protections and rights for UK citizens. I seek an assurance from the noble Baroness that this is not the part of the so-called great repeal Bill and that the Government will resist any attempts to bring in such changes by the back door, thus seeking to avoid proper parliamentary scrutiny. In that she will have our support.

Finally, I welcome both the tone of the Prime Minister’s Statement and the emphasis that she has placed throughout on partnership. Only the most ideologically driven have ever suggested that this process will be easy or problem free. It will not; it will be difficult and complex. The tone of the Prime Minister’s remarks about our place in Europe may help to ease that path, but it will be important that the Government commit to being open and transparent with Parliament and the country. As we move forward, transparency, openness, engagement and honesty will be expected and will be essential.

Next week, the other Motion that we will debate, in my name, seeks to establish a Joint Committee of both Houses to work together to establish the best way to ensure that Parliament has the best information possible and the best processes to have a meaningful vote on the final agreement. I urge the Government to support this because, as the Prime Minister makes clear, we must all work together in the national interest.

[Lord Newby (LD)]

My Lords, today is for me and my colleagues an extremely sad day. It marks the point at which the UK seeks to distance itself from its nearest neighbours at a time when, in every area of public policy, logic suggests that we should be working more closely together rather than less.

But sadness is a passive emotion, and it is not the only thing that we feel. We feel a sense of anger that the Government are pursuing a brutal Brexit, which will rip us out of the single market and many other European networks from which we benefit so much. We believe that the country will be poorer, less secure and less influential as a result, and we feel that at every point, whether it be the calling of the referendum itself or the choices made on how to put its result into effect, the principal motivation in the minds of Ministers has been not what is best for the long-term interests of the country but what is best for the short-term interests of the Conservative Party.

We do not believe that the Government have the faintest clue about how they are going to achieve the goals that they set out in their White Paper last month or the Prime Minister’s Statement today, and we have no confidence in their willingness to give Parliament a proper say either as the negotiations proceed or at their conclusion. We therefore believe that, at the end of the process, only the people should have the final say on whether any deal negotiated by the Government —or no deal—is preferable to ongoing EU membership. We will strain every sinew to ensure that outcome.

In her Statement today, the Prime Minister makes a number of rather extraordinary claims. She says that she is going to build on existing workers’ rights rather than diminish them. Can the Leader of the House give just one example, or even a clue, of what that might mean and how it might be achieved? Can she also take this opportunity to repudiate the proposal by a number of leading Brexiters in recent days that the working time directive be either watered down or repealed altogether?

The Prime Minister says that the world needs the liberal democratic values of Europe more than ever. Far be it from me to claim any knowledge of liberal democratic values, but can the Leader explain how leaving the EU can do anything other than reduce Europe’s ability to project those values on the international stage?

The Prime Minister says that she will strengthen the union of the nations which comprise the United Kingdom. Given that to date the effect of the Brexit vote is to threaten the union at every point, what form do the Government expect this strengthening to take?

She says that membership of the single market will be jettisoned because it would be incompatible with the expressed will of the British people. Given that this proposition was not on the ballot paper, that it is the opposite of what was said in the Conservative Party manifesto, that many leading Brexit supporters left open or actually supported the continuation of our single market membership, and that all subsequent polling shows overwhelming support for our continued membership, on what basis is she making that assertion?

She says that Europe has a responsibility to stand up for free trade. Does she not think that the EU will find that a bit rich, coming from this country at the point when we are leaving the single market and customs union?

She says that she wants to be a committed partner of the EU, but when we are walking away from the EU because of the belief that membership of it is damaging to the country’s interests, what can commitment mean other than a shrunken and grudging relationship?

Moreover, does the Leader of the House accept that when the Prime Minister says that when she sits round the negotiating table, she will represent every person in the UK, she is mistaken? She has chosen to promote an extreme version of Brexit and one which is completely at odds with her own views of less than a year ago. In doing so, she has chosen not to speak for the many millions who voted to remain in the EU and the single market, and she certainly does not represent them or me or my colleagues on these Benches.

The Prime Minister claims that Brexit will make us stronger, fairer and better, but it will not. The Government’s approach will make us poorer, less generous and diminished as a nation. It is perfectly legitimate for the country to go down such a route, but it did not do so on 23 June last year, and the people should have the final say on whether this is the fate they really want.

London Attacks

Debate between Baroness Smith of Basildon and Lord Newby

Thursday 23rd March 2017 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness for repeating today’s Statement. I understand that some of the words at the beginning of my previous comments were lost, so I will just repeat them. The noble Baroness and I had a number of meetings yesterday until quite late in the evening, and I add my personal thanks to her and pay tribute to the leadership she has shown.

The Prime Minister, in her words last night and as we have heard today, has I believe spoken for the nation. Yesterday showed us the best and the worst of society, the worst being those who seek to maim and murder. Yesterday’s atrocities can never be justified by any belief or cause. But we also saw the best, as the noble Baroness has said. We have paid tribute to Police Officer Keith Palmer, who was killed as he protected others. I hope we will be able to have a permanent memorial in the Palace of Westminster to him. Many others from inside this great building and across Westminster ran towards trouble to care for and give comfort to others. That is the London I know.

The full facts may not be clear for some time, but it is clear that this was a vile attack both on innocent individuals and on the institution and symbol of parliamentary democracy. As we receive more information, I have no doubt that security will be reviewed and assessed. That is right. Those who work here in the Palace of Westminster and in London and beyond, and those who seek to protect Parliament, public institutions and the public, should expect nothing less. We must do all we can to ensure the security and safety of our Members of Parliament and their staff. It is less than a year ago that I stood here after Jo Cox, our Member of Parliament for Batley and Spen, was murdered as she worked for her constituents. In seeking to protect lives, we must also seek to protect our way of life, our values and our democracy. At this stage I ask only that the noble Baroness keeps Parliament informed and engaged in this process.

Yesterday’s attack, as truly shocking as it was, ultimately failed—but at a very high price. Our determination to continue our work and our way of life is not false heroism, but based on sound values and responsibility. It is only possible because of the courage, commitment and professionalism of those such as Police Officer Keith Palmer who stand day in, day out in front of danger and evil to protect us all.

[Lord Newby (LD)]

My Lords, I too thank the noble Baroness the Leader of the House for repeating the Statement. The horrific events of yesterday were an attack not just on Parliament but on democracy. It was an attack on the values that are represented by this building and recognised across the world: freedom, openness, tolerance, human rights, mutual respect for our neighbours and the rule of law.

No doubt there will be lessons that we can learn from the events of yesterday, but we must not lose sight of the fact that the person who carried out this horrific attack was, as the noble Baroness said, prevented from entering the building and was stopped a matter of yards within its precincts. The security arrangements in place for such an attack swung into action, for which we thank our security staff and of course PC Keith Palmer in particular.

I hope that, as we move forward from yesterday’s events, we maintain the sense that Parliament is an open place which the public can visit to lobby parliamentarians and to see our democratic processes in action. But we must listen to the individual experiences of Members and staff to determine where improvements can be made.

I welcome the statement by the Lord Speaker that the House of Lords Commission will be considering these matters next week. No doubt individual Members will have views of their own. I, for example, would like us to look again at the long-standing proposals to pedestrianise some of the streets around this place. However, there are many other sensible suggestions that we need to look at tomorrow.

I have only one question for the noble Baroness the Leader of the House. We do not know at this stage the extent to which this particular incident was entirely home-grown, but we do know that terrorism is an international business. I hope she can give the House an assurance that as we move forward in the months and years ahead, the Government will do everything they can to ensure that our strong and growing security links with our closest neighbours across Europe are maintained and strengthened.

I hope that today, as we condemn this senseless violence, that condemnation will be expressed by both faith and secular communities across the country, for the greatest tribute we can give to those who have lost their lives is to come together as a country and uphold our way of life and democracy.

London Attacks

Debate between Baroness Smith of Basildon and Lord Newby

Thursday 23rd March 2017 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I endorse the Leader of the House’s comments. After the numerous meetings we had yesterday, I also thank her for the personal leadership that she has shown. I also thank the right reverend Prelate the Bishop of Leeds for leading us in Prayers today. I think all of us feel the need to join in collective recognition of what London and our country have faced.

Last night as we returned home we were very grateful—not just because of the shocking and tragic events of the day but simply because we could return home and others would never do so. As the noble Baroness said, those injured and killed on Westminster Bridge were visitors and locals of our great global city. They were just going about their everyday business and enjoying their day. For many of the survivors, life will never be the same.

Each and every day, our police and security staff come to work not knowing what challenges and risks they may face. We all hope for the best—but their training, experience and commitment prepares them for the worst. They never know when they will be called upon to protect the public and those who work in the Palace of Westminster—and, indeed, protect the very home of our parliamentary democracy and all that it represents.

In doing so, police officer Keith Palmer lost his life. Every instinct he had was to protect others. There are no words that can do justice to the sense of loss felt by his family and friends, and by everybody across the Palace of Westminster—his parliamentary family.

In the Statement that follows we can perhaps look forwards to some of the wider issues, but now our thoughts are only for those affected in any way yesterday. It is hard to express the level of gratitude and appreciation due to all of those involved in the security and care operation. We pay tribute to the police, the medical and ambulance services, those staff at St Thomas’ who ran out to help those on Westminster Bridge, the fire and rescue service, our own Westminster security staff, and all staff and members of the public who sought to support those affected by these truly shocking events. In the worst of circumstances, they have given their best.

Lives have been lost and some lives will never be the same. Friends and families will share the pain and distress, as do we.

[Lord Newby (LD)]

My Lords, I begin by associating myself with the remarks made by the Leader and the Leader of the Opposition. From these Benches, our thoughts and prayers are also with the families of those who lost their lives yesterday and our profound sympathies are with the innocent victims—members of the public who were on Westminster Bridge and also subject to this senseless attack.

I of course also pay tribute to PC Keith Palmer, who lost his life yesterday—an extremely brave man—and to all the police and security staff who do so much every day to protect all who come to Parliament to work or visit. I also pay tribute to all those from the emergency services who attended the scene yesterday and who worked with such bravery and professionalism. In particular, on behalf of my noble friend Lady Thomas of Winchester and others, I thank those who helped Members of your Lordships’ House who are disabled and who needed particular help in being taken to a place of safety. Finally, I thank the Dean of Westminster Abbey and his staff, who opened their doors as a place of sanctuary to MPs, Peers and staff.

This morning we stand together against those who want to diminish our democratic freedoms. We are an open, tolerant country and we will never let those who spread terror and fear win—and we will not let them divide us.

European Council

Debate between Baroness Smith of Basildon and Lord Newby

Tuesday 14th March 2017 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I listened carefully to the Leader of the House repeating the Statement, and I am grateful to her for doing so. It must have been a strange meeting because there really was an elephant in the room. The one thing we most need to talk about with our European partners is what everybody else sitting round that table is thinking about but nobody is talking about—Brexit. I welcome the issues that were discussed, but the longer-term implications for all of these will naturally be different for the UK and it would be helpful to know whether at any stage during this informal summit acknowledgement was made of the different position of the UK, given the long-term nature of some of the plans being made.

The Statement says that, in all the items that were discussed,

“we were able to show once again how Britain will continue to play a leading role in Europe, long after we have left the European Union”.

That is certainly welcome, and it is that vision of a post-Brexit UK that we have all been waiting to hear more details about. We have heard aspirations and we have had general statements, but how it will be achieved has been missing. Given that the Prime Minister was able to show the summit how this will be achieved, is the Leader able to share this information with your Lordships’ House today? Perhaps she could follow up with a Written Statement to Parliament so that we can have the same information as was made available to the European summit.

The summit also discussed organised crime, which does not feature in the Prime Minister’s Statement, apart from a brief reference. Clearly, EU-wide co-operation on serious and organised crime and terrorism has been, and remains, essential. It is an issue on which the UK has taken a lead. The Minister will understand that any reduction in the capacity to tackle these issues, or in the level of co-operation, engagement and information sharing, would damage the interests of the UK, and indeed of the EU.

Given that part of the discussion of security and defence at the summit was on future legislative work, can the Minister say how far we will engage with such legislation, and whether, as a parallel process, the implications for UK legislation will also be examined? Can she also confirm that, following the great repeal Bill, primary legislation will be needed on these issues? Furthermore, in respect of information sharing, have any representations been made, or concerns expressed, by our own security and policing organisations about the implications of our leaving the EU?

Yesterday during Questions, the noble Lords, Lord Harris of Haringey and Lord Rosser, raised serious concerns about the Government’s failure to provide full information on illegal weapons imported into this country. I know that that information is available. Can the Minister say whether it is being shared across the EU with other police forces and security organisations?

I welcome the Prime Minister’s reassurance to the EU about our commitment to NATO. She also discussed this issue with President Trump, and indeed her comments to the summit about other countries investing more echo the comments that he made at the press conference he held with the Prime Minister. Given that the Prime Minister and President Trump appear to think alike on this point—and we agree that all members should commit to 2% of GDP on defence—can the Minister nevertheless confirm that our commitment to NATO is absolute?

In relation to growth and competitiveness, the Prime Minister called for,

“further steps to complete the single market and the digital single market”.

That was said without any sense of irony, but is the Prime Minister really pressing the EU on the single market that she is intent on withdrawing from? More out of interest than anything, I ask: what was the response from the summit?

The Statement also refers to the EU’s free trade agreement with Canada, and the Prime Minister pressed for an agreement with Japan, because,

“these agreements will also lay the foundation for our continuing trading relationship with these countries as we leave the EU”.

Can I ask how? We will have to negotiate our own trade agreements and, given that the Prime Minister has indicated that she wants to take us out of the customs union, surely it follows that we will lose access to all trade agreements negotiated by the EU.

Finally, we get to Article 50 and Brexit. In the Statement, the Prime Minister confirms her long-held date of the end of March for triggering Article 50. I would have hoped, however, that the Prime Minister would have taken this opportunity—her first Statement to Parliament following parliamentary acceptance of the Bill—to say something a little more meaningful, possibly even to confirm her personal commitment on EU and UK nationals living across Europe and on Parliament’s role in the process. We thought that there was a good case for the amendments on these points and that the outcome was the result of stubbornness on the part of the Prime Minister, who wanted a clean Bill. A Statement today, or something in this Statement, would have been extremely helpful and welcome.

The Statement also refers to us taking back control of our borders. Can the noble Baroness confirm that this will require legislation, and confirm the Prime Minister’s commitment to maintain the soft land border with the Republic of Ireland?

The time for broad sweeping statements has gone. It is time for the detail. Words in the Statement, therefore, that offer a “strong, self-governing global Britain”, “control over our borders”, a “stronger economy”, a “fairer society”, a “better deal” and a “brighter future” are meaningless: without some flesh on the bones, they are just words.

Furthermore, a lecture on not playing politics or creating uncertainty is misjudged. There is uncertainty here and now—across the whole of Europe—about the position of EU nationals, UK nationals, business and the environment, and the uncertainty is growing. We have now heard demands for a second referendum in Scotland and calls for an Irish border poll. The Government must act to reduce uncertainty and provide some certainty. I press the Prime Minister for detail not from any party-political motive but out of a need for her to do all she can to remove that uncertainty.

[Lord Newby (LD)]

My Lords, like the noble Baroness, Lady Smith, I was struck by the Prime Minister’s claim that she was,

“able to show once again how Britain will continue to play a leading role in Europe, long after we have left the European Union”.

The Statement sets out the roles we play at present in a number of areas but I wonder how these roles will be maintained in the years to come. For example, if we are,

“providing additional staff to support interviewing of Iraqi, Afghan and Eritrean nationals”,

in Greece, do the Government envisage that we will play this sort of role beyond Brexit? The Prime Minister then said that,

“we need a better overall approach to managing economic migration”.

In which form does she envisage that such an overall approach will be co-ordinated involving the United Kingdom?

On the western Balkans, the Prime Minister said:

“We will provide strategic communications expertise to the EU institutions to counter disinformation campaigns”.


This is very welcome but how does the noble Baroness, Lady Evans, envisage that we might provide that kind of support, vital as the Government claim it is, once we have left the European Union?

Turning to growth and competitiveness, the Statement says that the Prime Minister wants us,

“to build a new relationship … that will give our companies the maximum freedom to trade with and operate in the European market”.

That is of course welcome but outside the single market and the customs union it is impossible to have the maximum freedom to trade, so how do the Government marry that welcome assertion with their actual actions? The Statement goes on, as the noble Baroness, Lady Smith, pointed out, with the Prime Minister rather patronisingly calling,

“for further steps to complete the single market and the digital single market”,

at the very moment when we say that it is such a costly thing for the United Kingdom to be a member of the single market that we are leaving it. Was that well received? Did they think, “Yes, the Prime Minister really has a consistency of approach on that”?

The Statement mentions strengthening our trade relationship with the Commonwealth. Does the noble Baroness, Lady Evans, accept that our trade with the Commonwealth amounts to 9% of our total trade, compared to 44% of our total trade being with the EU? Does she believe that the scope for increased trade with the Commonwealth will be greater than the threat of reduced trade with the EU outside the single market?

On triggering Article 50, the Prime Minister said that,

“we will use this moment of opportunity to build a stronger economy and a fairer society”.

Those are very familiar words on these Benches:

“A Stronger Economy and a Fairer Society”,


was indeed the Liberal Democrat general election slogan. While imitation is the sincerest form of flattery, I jolly well hope that the Government have more success with it than we did.

But a stronger economy and fairer society is impossible to achieve outside the European Union. There is no significant body of opinion, beyond one or two noble Lords opposite, which believes that we will have a stronger economy. If we do not have a stronger economy, we will not have as strong public finances, and without public finances being as strong, it is frankly impossible for the state to promote the kind of fairer society of which the Government, and in particular the Prime Minister, speak so often.

Finally, the Statement says that,

“this is not a moment to play politics or create uncertainty and division. It is a moment to bring our country together”.

I wonder whether the Prime Minister, or indeed the noble Baroness the Leader of the House, has tested that sentiment on the 3 million EU citizens living in the UK and their families.

European Union (Notification of Withdrawal) Bill

Debate between Baroness Smith of Basildon and Lord Newby

3rd reading (Hansard): House of Lords
Tuesday 7th March 2017 Lords Chamber

[Lord Newby (LD)]

My Lords, I thank the Minister and all who have spoken in debates on this Bill to date. It has been a great privilege to take part in such debates, which have been conducted with grace, erudition and great passion in equal measure.

The Companion enjoins those who move amendments at this stage to speak briefly to them, so I shall be brief. Amendments to the Motion that the Bill do now pass are rare, and on these Benches we have not initiated such an amendment in recent times. We do so only because of the importance of the issue before us and the strength of our opposition to the way in which the Government have approached this Bill and the Brexit process.

We on these Benches have argued, as we did in the Commons, that while it is perfectly proper for the Government to be triggering the Article 50 negotiations, they should do so only if the process to be followed throughout respects the principles of both parliamentary sovereignty and democratic accountability. In reality, the Government have shown disdain for both. Parliament must clearly play a full part in the entire process, but we also believe it is essential that the people take the final decision, for reasons which we fully debated in recent days.

The Government’s view is that they not only oppose giving the people the final say, but oppose in principle any amendments to the Bill. The noble Lord’s enthusiasm for scrutiny is rather tempered by the idea that such scrutiny might actually lead to amendment. Why is this the case? It is not in reality that it is somehow inappropriate, far less improper, to amend this Bill; it is simply that it is inconvenient for the Government. Their whole attitude is one of lofty disdain for Parliament and the people alike.

In moving this amendment, and voting on it, I do so in the certain knowledge that this Bill will now pass this evening back to the Commons. We on these Benches could not allow this to happen without registering our opposition to the brutal Brexit that the Government are now pursuing, whether in making the country poorer by leaving the single market, or by using more than 3 million EU nationals living in the UK as bargaining chips. These decisions will exacerbate our long-term economic problems—fiscal imbalances, balance of payments deficits and low productivity, as well as our reputation as a welcoming and tolerant country.

However, the Government now seem set on this course towards this brutal Brexit. This is a deliberate distortion of the mandate they received from the British people, and we on these Benches cannot in all conscience support it. At this historic moment, we wish to record again our opposition to the damaging course on which the Government are set, and our opposition to the Government’s refusal to allow the British people, who will feel the consequences of Brexit for generations to come, the right to decide their own future. I beg to move.

[Baroness Smith of Basildon (Lab)]

My Lords, this Bill is a direct result of two things: the outcome of the referendum and the decision of the Supreme Court. In all of this, countless behind-the-scenes hands have been at work. Wherever we stood as we voted on 23 June, all of us know that the tasks since then has been unprecedented. Civil servants have had to devise new structures and work teams to prepare Parliament for this. This is just our first Bill; others will come our way.

So it is appropriate to take a moment, as the Minister did, to acknowledge the work that has been done and to thank all those who have contributed, within the Department for Exiting the EU and within your Lordships’ House. As an Opposition we have been well supported by Dan Stevens, Ben Coffman, Ian Parker and their colleagues—and, while I recognise that the work on the Bill is not yet done, if I thank them now it might give them the energy for all the work yet to be done.

Thanks are also due to the Minister, for whom we have considerable sympathy. I apologise to his family. We have probably taken up far too much of his time and we would be very happy for him to spend more time with them in the months to come. We also thank the Minister’s colleagues and the noble Lord the Chief Whip for their help in dealing with the mechanics of the timetabling of the Bill. I concur with the Minister’s comments and thank all noble Lords who have spoken.

The debates we have had at Second Reading, in Committee and on Report have been a great credit to your Lordships’ House, both in the range of expertise we have been able to show and the quality of debate. I also thank my colleagues, my noble friend Lord Lennie and especially my noble friend Lady Hayter. She has worked tirelessly on this Bill and I have to say that she is lot more even-tempered than perhaps I am. It is a pleasure to work for her and I look forward to seeing her continued work on this Bill. She recalled how she was volunteered to wind up at Second Reading. She will be volunteered again in the future. I give sincere thanks to those noble Lords and all my colleagues on different sides of the arguments. I think we have conducted ourselves with great integrity and strong belief.

That is why I am rather puzzled in many ways by the comments today from the noble Lord, Lord Newby. As somebody who, alongside many of my colleagues, campaigned extraordinarily hard to remain in the EU, I regret the decision that has been taken. I think it has to be not just the 52% who are represented but the 48% as well. It has to be recognised by all in your Lordships’ House that we have a duty to perhaps try to heal and unite where there has been division—and the Government must recognise that they have to act in the interests of the whole country.

During this debate we have voted on two extraordinarily important amendments. The first, on EEA and EU nationals in the UK and UK citizens in the EU, aims to remove some of the uncertainty regarding their position. That was one very serious amendment. The second one was debated tonight on the issue of parliamentary sovereignty. In that case there was a majority of 98.

Both amendments fulfil the criteria of the role of your Lordships’ House in asking the other place, the House of Commons, to reconsider. The quality and content of those debates provide considerable material for MPs to do so. We passed those amendments not as some kind of vanity exercise or just to make a point—we are not a debating society where we have our debates and then afterwards shrug off home or off to the pub because we have made our point and have no thought about what happens next.

What happens in this House is really important. We passed those amendments for a very serious reason, as part of our constitutional responsibilities. I want to hear the House of Commons debate those issues. I want elected MPs to reconsider, and I hope that they will accept our amendments and the principles behind them. I would be very happy to see the Government, who have offered co-operation and help on this one, bring forward similar amendments to give effect to them. These amendments matter. That is why I find the Liberal Democrat Motion tonight absolutely incredible.

The noble Lord, Lord Newby, stood in your Lordships’ House today and told us that he accepted the result of the referendum and the vote in the other place—but he failed to convince this House that a second referendum was the right course of action at this time. On the basis of that, as outlined in his Motion—not about anything else, not about all the issues he talked about surrounding a hard Brexit but on the one issue of that vote—Liberal Democrats are now prepared to vote against this whole Bill to stop Members of Parliament considering our amendments. I find that irresponsible.

It may be that he feels okay, as he said, about making a point about Brexit as a whole because they are not going to win the vote. But responsibility is not just about winning—it is about taking responsibility for our actions. As I heard him tonight, he failed to convince me that he is serious about these amendments that we have voted on.

If the Motion from the Liberal Democrats were passed tonight, it would stop the other place considering the amendments on EEA and EU nationals and on parliamentary sovereignty. Your Lordships’ House was never told when voting on these amendments that at the final hurdle the Liberal Democrats would say that they would not support the very amendments that they have asked your Lordships’ House to vote for. I am very much committed to those two amendments, and the Motion shows a lack of commitment to these two amendments and issues which have been voted on in this House.

--- Later in debate ---

[Lord Newby]

Like everybody else, I have got to live with my conscience on this Bill, and I am going to sleep easy tonight. I repeat what I said earlier. We are voting now to record our opposition to the damaging course on which the Government are set and their refusal to allow the British people—

[Baroness Smith of Basildon]

I apologise to the noble Lord. He is again coming back to the point that the reason he is voting for his amendment tonight is because of his fears of a hard Brexit, which are shared with many across the House. However, that is not what the amendment says. It says that they want the Bill to not pass because they did not get their way on a second referendum vote.

[Lord Newby]

My Lords, unfortunately, the noble Baroness did not allow me to finish my sentence. Our opposition is to the Government’s refusal to allow the British people, who will feel the consequences—ie, costs—of Brexit for generations to come, the right to decide their own future. I wish to test the opinion of the House.

Death of a Former Member: Lord Waddington

Debate between Baroness Smith of Basildon and Lord Newby

Monday 27th February 2017 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords as we have heard, Lord Waddington had a long and distinguished career as a lawyer, a politician, Governor of Bermuda and indeed Leader of this House and Lord Privy Seal. Many in your Lordships’ House today will know him well from his service in the other place as an elected MP and a government Minister, and will know that he was a man of strong conviction. I think he would have relished the description I read of him yesterday as being a no-nonsense politician.

Despite his very strong loyalty to Margaret Thatcher and his long and distinguished service as a Minister, he was surprised to find himself appointed Home Secretary, having himself recommended our Lord Speaker, the noble Lord, Lord Fowler, for the position. I was surprised to find that we had something quite unusual in common: as the noble Baroness said, in his case it was during his maiden speech in this House that the then Prime Minister, John Major, listened from the Throne steps.

Like many noble Lords, Lord Waddington’s dedication to and affection for his constituency, Ribble Valley, continued long after his elevation to your Lordships’ House. There is no doubt that he missed being its MP, given his deep commitment. In some ways he wrote his own obituary when, in an interview in The House magazine some years ago, he said with disarming self-deprecation—I think he was having a joke:

“I would like to be remembered as a decent local buffer who wasn’t all that clever, but in his own way tried to do his best”.


What more can any of us ask than that we try to do our best? On behalf of these Benches I offer sincere condolences to his wife Gilly, his family, his colleagues and his friends.

[Lord Newby (LD)]

My Lords, unlike many Members of your Lordships’ House I did not know David Waddington personally, although I recall a number of notable speeches that he made from the Benches opposite during my time in the House. It is fair to say he was not one of life’s natural Liberal Democrats, but my colleagues cheered when, as Home Secretary, he referred the case of the Birmingham Six to the Court of Appeal, where of course their convictions were eventually quashed.

The only thing I can really claim to have in common with Lord Waddington is that, like me, he was a proud northerner. He could not help being a Lancastrian but he certainly made the most of it and, as others have said, was plain-speaking and had the characteristics of straightforward behaviour that northerners like to think they share. It is typical of Lord Waddington that he is having his memorial service in Clitheroe rather than across the road; that says a lot about where his priorities lay, and those of his family. Like other noble Lords who have spoken, I wish to pass on our good wishes and condolences to Lord Waddington’s wife and family.

Informal European Council

Debate between Baroness Smith of Basildon and Lord Newby

Monday 6th February 2017 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness for repeating the Statement today and concur with her congratulations to Her Majesty the Queen on her 65th anniversary as the nation’s monarch. I hope that Her Majesty is able to commemorate the event in some way, but I suspect for her that this is an anniversary also tinged with sadness at the loss of her father. He endeared himself to the nation, and his early death was a terrible shock. She had not expected to be Queen at such a young age. That was at a time of great change in the world, which is also the case today. It was also a time when, following the war, there were many refugees across Europe. Here we are, 65 years later, and with yet another European summit discussing how to prevent further refugees and mass migration, this time from the Middle East and north Africa.

The Statement talks about the pull factors that lead to people seeking safety and a better life away from their homes. We should always keep in our mind the desperation that leads people to risk their lives and those of their families in leaving their homeland, often leaving behind all their possessions, other family and friends, and often paying large amounts to criminals. In looking at the push factors too, can I ask the noble Baroness about the EU external investment plan? The Statement refers to creating more opportunities in migrants’ home countries. Can she expand on that? I am not sure of the details at all. Is it limited to economy and employment opportunities or is it more linked to security? It would be helpful to have some more information and also to know how it is going to be implemented and monitored, and how success will be measured.

Can the noble Baroness say more about the conversations the Prime Minister had with President Trump when she was at the White House? She said she was able to relay the conversations that she had with the President on the relationship between the USA and European countries. I think we are all quite interested in that conversation and would be interested to hear more. The Prime Minister’s assurance that the President had declared his 100% support from NATO was particularly welcome, but we have not yet heard it from his own lips—or, perhaps more importantly, from his own Twitter account. What was the response from her European colleagues on this point?

The Minister had a number of side meetings but apparently not with the German Chancellor Angela Merkel, as they were able to discuss their issues informally in the margins outside the arranged meetings. Those all-important private discussions can be very productive in building relationships and being frank and open with European leaders, so it makes the situation even more difficult that the Prime Minister then had to pack her bags and leave while the remaining 27 countries further considered other issues relating to the EU that we cannot be part of. What plans do the Government have to ensure that we do not lose out by not being at the table, not just for the formal parts of the meeting where they are discussing the EU post Brexit but for those informal discussions that lead to trust and develop the relationships that will be all-important as we move forward?

Malta has been a close and important ally of the UK over many years; it is the only instance of an entire country being awarded the George Cross. Obviously it is important that we maintain what we would call that “special relationship”, so what are the Government’s plans to ensure that that relationship continues post Brexit? The Prime Minister met the Prime Minister of Spain. Did she discuss Gibraltar, and had she met the Gibraltarian First Minister before she was able to raise any such issues with the Spanish Prime Minister?

On the issue of EU citizens, I do not think today’s Statement gives anything like the reassurance they require so that they can continue with their lives, their jobs, their homes and their families in this country. It is in the Prime Minister’s gift to say so. Even UKIP said so on television yesterday, so why the Prime Minister cannot make such a commitment I have no idea. It is about time we heard something stronger from the Prime Minister on this issue.

The section in the Statement regarding Brexit says the European leaders,

“warmly welcomed our ambition to build a new partnership between Britain and the European Union that is in the interests of both sides. They also welcomed the recognition that we in Britain want to see a strong and successful European Union”.

I hope that is not an overoptimistic view. We have some tough negotiations ahead in which we have to get the best possible deal that we can in the interests of the UK and UK citizens. If there is any complacency at all that these negotiations are going to be easy, I do not see how we can get the best deal. I hope the noble Baroness can assure me that this is not an overoptimistic view and that there is awareness of the difficult discussions and negotiations that are going to take place.

On the last part of the Statement, I am sure I am not the only one in your Lordships’ House who is getting tired of the Government going on and on about not “obstructing”—I think that is the latest phrase—“the democratically expressed wishes of the British people”. I do not know how many times this has to be said about blocking, obstructing, wrecking or whatever is the latest word the Prime Minister has found in her thesaurus. I say to the noble Baroness that asking questions and making suggestions for amendment is not blocking, obstructing or wrecking; it is called parliamentary democracy. That should be welcomed by the Government because that is the way in which we will get the best deal, not just by accusing people who ask questions of blocking. I do not know why those who are in charge of the negotiations are so frightened of questions, because time and again we hear that only by questioning and scrutiny do we get better legislation, and that is all this House would ever seek to do.

[Lord Newby (LD)]

My Lords, I join the Prime Minister and the Leader of the House by congratulating the Queen on her Sapphire Jubilee—a truly remarkable achievement.

With every passing Council meeting, we see the influence of Great Britain and the Prime Minister diminishing. In October, she made a five-minute speech at 1 o’clock in the morning. In December she was pictured standing alone, desperately looking for someone to talk to. This time, she was rebuffed as she offered to act as a bridge between Europe and the USA. One does not need to be an engineer to know that, to be sustainable, a bridge needs firm foundations on both sides of the stream. At the moment the UK is demolishing one set of foundations—namely, those on the European side of the stream—and therefore is it surprising that countries within the EU, from the largest to the smallest, have treated with almost total disdain the Prime Minister’s suggestion that, in our new semi-detached state, we might act as a bridge?

One of the more useful parts of the Prime Minister’s visit to Malta might have been the formal meeting on her agenda with the Chancellor of Germany. Could the Leader of the House explain why that formal meeting was cancelled? Admittedly, the two of them did chat briefly while walking down the street, but frankly that does not constitute a sensible degree of conversation with the most important of our EU partners. Will the noble Baroness say what plans the Prime Minister has to have a substantive discussion with Angela Merkel, to make good the fact that they had very little time, while walking down the street on a sunny day in Valletta, to talk about anything of great substance? This was an extremely short visit by the Prime Minister. As at previous Council meetings, she had to leave after the pudding and probably even before the coffee was served. Not surprisingly, perhaps, she was not present as the other leaders of the EU discussed how they might make preparations for the 60th anniversary of the Treaty of Rome. Will the Leader of the House say whether she expects the UK Government to be represented at those celebrations when they eventually take place and, if so, by whom?

The most substantive part of the discussions in Malta were about migration from Libya. We welcome the fact that it was possible to make progress, and the Prime Minister takes great satisfaction from the fact that she played a significant part in those negotiations. May I echo the question asked by the noble Baroness, Lady Smith, about how the Government expect to play such an important, useful part in future, when they are not even at the table at which those discussions take place? Of course, the vast bulk of the refugees from Libya is going to Italy. We have discussed before in your Lordships’ House the extent to which her Majesty’s Government are making good their commitment under the Dubs amendment to bring child refugees who find themselves in Italy to the UK. I apologise if I have got the figure wrong, but I think that when it was last discussed the Government said one person from the Home Office had been sent to Italy to help in that process. Will the noble Baroness confirm whether that is indeed the case, whether she thinks that to be an adequate response to this humanitarian crisis, and how many children have come to the UK from Italy under the provisions of the Dubs amendment?

Finally, on Brexit and the vexed question of acquired rights, many people in the country just do not understand the Government’s attitude in denying EU citizens living in the UK the knowledge that they will be able to remain post Brexit. The Government seem to be unaware of the crisis that is developing as a result of this policy. Those who saw the BBC news in London will have seen what is happening to the recruitment of EU staff in hospitals in London. Again, I will be corrected if I am wrong, but I think that the figure given of the number of nurses coming to London hospitals has, since last year, fallen by approximately 90% That is an extraordinarily worrying phenomenon, given that we are far from meeting the staffing requirements that the NHS has set itself, and it is by no means clear where else the Government expect those nursing numbers to be made up.

One reason why people are unwilling to come at the moment is that they feel that the attitude of the Government in respect of existing EU citizens gives them no confidence that they will be welcome. Another is that they have no sense of how the rules are going to operate in future. So while the Government have many things about which they do not want to give a detailed account, could they say how they intend to approach the question of migration from the EU of people whose skills we need—whether they are the brightest and the best, at a very high skill level, whether they are medium-skilled people or whether they are the kind of people whom we will require in future to enable our agricultural, horticultural and hospitality sectors to survive and prosper?

European Council: December 2016

Debate between Baroness Smith of Basildon and Lord Newby

Monday 19th December 2016 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I am grateful to the noble Baroness, Lady Evans, for repeating the Prime Minister’s Statement. It was unusual that, following the Council meeting, there was no press statement or conference from the Prime Minister. However, can I say how much we on this side of the House appreciate those announcements being made to Parliament first, which has not always happened recently?

There were two parts to this European Council meeting. The first, as we heard from the noble Baroness, discussed the current and serious issues that affect all existing members of the EU, and we were part of those discussions. The second part was about our leaving the EU, and did not include us and was much shorter, but it is clear that considerable debate and discussion had taken place prior to the formal agreement of those proposals. I want to come on to that later, but those issues that were discussed during the full Council meeting—Syria, Cyprus, migration, security and defence, as well as economic and social development—have huge implications for the UK and for our role, whether in or out of the European institutions, in the geographical area of Europe. It would be helpful to have some further clarification on the UK’s role in those discussions.

The Council discussed recent Commission proposals to increase resilience and reduce risk in the banking and financial sector. This clearly has significant relevance for the UK. What role is the UK playing in these ongoing discussions? At a Council meeting prior to the EU referendum, we signed up to some proposals. Can the noble Baroness confirm whether that commitment remains, prior to our departure? What discussions have been had with the banking and financial sector since then and prior to this Council meeting?

Secondly, one of the areas that convinced me that our departure from the EU would not be in the national interest was policing and security. We had debates in your Lordships’ House on the then coalition Government’s proposals on opting out—and then opting back in again—on policing and criminal justice measures. I note the comments in the conclusions of the meeting. Do the Government still intend to adopt the proposals on firearms and anti-money laundering, and to implement the new passenger name recognition legislation? During discussions on this issue, was there any reference to the UK’s role following Brexit and future security initiatives? The noble Baroness, Lady Evans, will be aware of the concerns raised on this issue by Sir Julian King, our European Commissioner for Security, and Claude Moraes MEP, who chairs the Justice and Home Affairs Committee.

Paragraphs 11 to 13 of the conclusions outline the areas on which the EU needs to reach agreement on security issues early next year, and why co-operation within the EU and with NATO is needed on hybrid threats, maritime issues, cybersecurity, strategic communications and defence matters. In signing up to those conclusions, did the Prime Minister or her officials make any reference to how those commitments might be affected by Brexit, or has this not yet been considered?

As we watch the horrors of Aleppo increase daily, we all have to consider how much more those civilians can endure. It must feel to the thousands trying to flee that, having already lost their homes, their possessions and their loved ones, they are now losing hope. They are perhaps also losing faith that anyone really cares. When the Mayor of Aleppo spoke to the Council, he did so in desperate need for more help and more support. The EU is to be praised for its humanitarian support and for how it has sought to co-ordinate it, but the world has to do more. The UN decision and actions today are a welcome step forward, and I hope they lead to many more lives being saved and many more people being rescued, but what is important, as the Statement says, is implementation, not just resolutions passed or words spoken. Will the noble Baroness tell us what the Government will do to ensure implementation, and what is in place to monitor compliance, because we cannot stand more abuse of people in Aleppo? Our hearts go out to all of them.

Paragraph 27 of the Council’s conclusions states:

“The EU is considering all available options”,

with regard to Aleppo. For many in Syria and in Aleppo there are few options left. I welcome the statement in the conclusions about bringing those guilty of war crimes to justice. The EU is right to support political reconstruction, but only once a credible political transition is under way. Did the discussions focus on how to bring additional pressure to achieve this?

Finally, the last part of the meeting was just the 27 other countries discussing our exit from the EU. This was very specific in terms of the process of negotiations and in the comments by the President of the European Council, Donald Tusk, after the meeting. It was also very specific on the principle on which the negotiations will be based. The Minister repeated the Prime Minister’s Statement:

“I updated the Council on the UK’s plans for leaving the European Union”.

I think we would all like to be updated on the Government’s plans for leaving the EU. I appreciate that the Government have not yet been specific—or have been very unspecific—but, with commitment to invoke Article 50 by the end of March, she will understand that if we are to get the best deal and arrangements for the UK, there is some anxiety about when the Government are going to publish further information. Indeed, we could not get exact information from the noble Baroness, Lady Goldie, about when that information is going to be available. The noble Baroness tried her best to be helpful, but it is difficult in these circumstances.

This becomes even more important when there appears to be confusion at the heart of government about whether we can be half in, half out of the customs union, about how long negotiations will take and about whether a transitional period for negotiation or implementation will be needed. The noble Lord, Lord Lawson, huffs and puffs over there and shakes his head. However, questioning how this will be done is absolutely essential for the Government to get it right. It really cannot be the position that, every time somebody questions how it is going to be done or wants more details, there is some kind of accusation that we are not acting in the national interest. We are absolutely acting in the national interest by trying to get more information to look at. The noble Lord shakes his head. I wonder why those who were the most enthusiastic about Brexit loathe any questions about it.

The noble Baroness, Lady Evans, will understand that this House stands ready to assist and to be helpful. She will have already seen the very helpful, excellent reports from our EU Select Committees. They are identifying issues that need to be addressed to make sure that we have effective and more detailed solutions in the national interest. Can she give an assurance to your Lordships’ House that, despite whatever legislative responsibilities we may have, full and adequate time will be provided for such discussions and debates? As a scrutiny Chamber, we want to play a responsible and helpful role in ensuring the best arrangements for the UK.

[Lord Newby (LD)]

My Lords, in the spirit of Christmas, I do not intend to dwell on the Brexit-related issues raised in this Statement. It would be wholly against those core British public service values of tolerance and respect for others to inquire at this festive season about the many and various splits in the Cabinet on all the relevant Brexit issues.

The overarching question which strikes me from a perusal of the agenda of this Council relates to the importance of the subject matter. The agenda included migration, security, economic and social development in respect of young people, Cyprus, Ukraine and Syria. These are some of the biggest issues facing the continent in our time, and it is vital that they are considered—as happened—by Europe as a whole in the Council. If Britain leaves the EU, we will not be at those Council meeting discussions. Have the Government given any thought as to how our vital national interest in key foreign policy issues such as this will be addressed if we are outside the EU? How will the British voice be heard when the rest of Europe considers these huge issues?

Of the issues discussed, arguably the two most important, in the short term at least, were migration and Syria. On migration, the Council statement said:

“Member States should further intensify their efforts to accelerate relocation, in particular for unaccompanied minors, and existing resettlement schemes”.

We welcome the Statement by the Government following this up to the effect that,

“we will also deploy 40 additional specialist staff to the Greek islands to accelerate the processing of claims, particularly from Iraqi, Afghan and Eritrean nationals, and to help return those who have no right to stay”.

It says a lot about the Prime Minister that she concentrates on those we are rejecting, not those we are accepting, and that she says nothing about what is happening in terms of the Government’s commitment to accept unaccompanied minors and others from the region. Could the noble Baroness the Leader update us on the position in respect of unaccompanied minors? What is being done following the dispersal of the Calais camps to identify such people in camps elsewhere in France which hold children who we might accept and to bring them to the UK under either the Dublin or Dubs criteria? What are we doing in Greece to identify unaccompanied minors who equally might expect to come to the UK?

The Government have justified their unwillingness to accept a single adult refugee from mainland Europe on the grounds that they would accept 20,000 Syrian refugees directly from the region over the course of this Parliament. Could the noble Baroness the Leader tell us how many have currently been accepted? The last time the Minister gave an answer at the Dispatch Box, we were accepting people at about half the rate needed to reach the 20,000 target. Has that rate increased in recent weeks, and if not, what plans do the Government have to rectify this shortfall?

On Syria, we welcome the additional £20 million expenditure. Is the Leader able to say how this fits into the overall European response and whether such figures are being matched by our principal European partners? The Prime Minister, in her Statement, referred to the meeting which the Foreign Secretary had with the Russian and Iranian ambassadors last week. What do the Government plan to do to maintain pressure on Russia and Iran to prevent any further indiscriminate violence against civilians as the evacuation of east Aleppo continues? Will the Foreign Secretary make sure that he remains in close touch not just with those two ambassadors but with other ambassadors in the region so that we can have direct and continuing input and pressure to ensure that the position in east Aleppo is resolved as smoothly—if such a word is appropriate—as possible?

Finally, the EU Council reiterated its support for the principle that,

“Those responsible for breaches of international law, some of which may amount to war crimes, must be held accountable”.

This can only happen if enough compelling evidence is collected. What steps are the Government taking, including financially, to encourage the collection of such evidence?

Strathclyde Review

Debate between Baroness Smith of Basildon and Lord Newby

Thursday 17th November 2016 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness for the Statement. It came very promptly after the leak last night, and I do not think she expected to be here this morning. The decision not to proceed with legislation is warmly welcomed by your Lordships’ House, as she will have heard. I pay tribute to the noble Baroness the Leader of the House and to the noble Lord the Government Chief Whip for the way in which they have approached this issue—it is appreciated. I also put on record our thanks to the noble Lord, Lord Strathclyde, for the diligence and care he took on his report. I welcomed and enjoyed the discussions we had, although I have to say that, knowing the commitment he has shown to this House over many years, I sometimes felt his heart was not quite in it.

Although we welcome the main conclusion that there should not be legislation, we still feel that option 3 in the report is wrong, and that it misunderstands the role of this House and the constitutional position of statutory instruments, which are sent to your Lordships’ House from the Government, not from the House of Commons. This was never about the primacy of the House of Commons but about the primacy of government. We certainly welcome the fact that this has been done in the spirit of looking forward rather than of what has happened in the past, and none of us wants to rerun the old arguments. However, I want to briefly reflect on the constitutional background that led to the Strathclyde review following the votes on the tax credits statutory instrument.

That review and its recommendations were an absurd overreaction from the then Prime Minister and completely unnecessary. But perhaps it did us a great service: for one brief moment in time, statutory instruments became exciting to people who had never heard of them before. This House has an enviable and well-deserved reputation for the way in which it fulfils its duty of scrutiny of government legislation, including secondary legislation. As a House, we recognise those responsibilities but also our limitations as an unelected second Chamber. We also recognise that when it comes to secondary legislation, with our scrutiny committees and our debates, we discharge that duty with both expertise and experience.

We considered that, as a significant policy change, the tax credits proposals should have been dealt with more appropriately and properly as primary legislation. But even then, this House was reluctant to just block them and we rejected a fatal Motion. However, again in the spirit of how this House works best, we sought to find a sustainable way forward to provide the Government with greater detail on the impact of the proposals, and the time and the space to think again, reflect and reconsider. That gained support from all corners of this House and was passed. The Government reconsidered and changed the policy. That was the right and appropriate action to take.

Your Lordships’ House unanimously agreed the report of the Joint Committee on Conventions, chaired by the noble Lord, Lord Cunningham of Felling, in 2006, which said that in clearly exceptional circumstances this House retains the power to vote against and reject secondary legislation. But the significance of that power is reflected in how rarely it is used: just five times in nearly 70 years. There have been other attempts, but all have failed. That is because it must be exceptional—for example, where the primary legislation is in effect a skeleton Bill or where an SI is being used for a significant policy change, but not where secondary legislation is merely implementing the details of policy from primary legislation. That does not mean we do not challenge the Government or hold them to account but, as the report clearly says, unless there are exceptional circumstances,

“opposition parties should not use their numbers in the House of Lords to defeat an SI simply because they disagree with it”.

The tax credits votes that led to this review were exceptional. They fulfilled the criteria. It was not just a matter of disagreeing, but was completely in line with the history and conventions of this House and the Cunningham report.

The noble Baroness referred to Brexit. Over the past few weeks, there has been considerable speculation about the role of your Lordships’ House in examining Brexit. We have been clear: we will not block; we will not delay. But a Government without a plan do not have a blank cheque. Clearly this House will have an important role, especially if there is considerable secondary legislation that will need us to work together to provide effective scrutiny from all sides of the House in the public interest. I say to the noble Baroness that I hope she and her colleagues in government will see this House as an asset rather than just a challenge.

On these Benches we always considered that the Strathclyde review was evidence that the then Prime Minister, David Cameron, loathed challenge and feared scrutiny. That made life a bit difficult for us because challenge and scrutiny are what we do. However, in warmly welcoming today’s announcement, I thank the noble Baroness and the Chief Whip. I hope this heralds a new, more adult and reasonable approach to government and opposition where challenge and scrutiny are recognised as being in the public interest.

[Lord Newby (LD)]

My Lords, I thank the noble Baroness the Leader of the House both for making the Statement and for its content. I echo the words of the noble Baroness, Lady Smith, about the sensible approach that she and the Chief Whip have taken over this issue.

At the time, we regarded the Government’s response to the votes on tax credits as being a petulant overreaction. It was part of a general approach that regarded Parliament as a bit of an inconvenience, an approach sadly replicated by their view on parliamentary debates on triggering Article 50. In our view, the House was exercising its scrutiny powers within well-established rules. We rested our case on the Motion proposed by Lord Simon of Glaisdale in 1994, now enshrined in our Companion to the Standing Orders:

“That this House affirms its unfettered freedom to vote on any subordinate legislation submitted for its consideration”.

Our traditional role is to ask the Commons or, as in the case of tax credits, the Government to think again when we believe they have got it wrong. It is worth recalling that in reality, on the question of tax credits, exercising that role produced the rethink that your Lordships’ House was seeking.

The noble Lord, Lord Strathclyde, undertook his review with his customary energy and wisdom but struggled to find a way forward that was an improvement on the current position. It was extremely interesting when his report was debated in your Lordships’ House what wide agreement there was across the Benches about both the pitfalls of his preferred approach and the other things that could be done to improve secondary legislation and the way that it is scrutinised. The clearest message from that debate, which I strongly endorse, was that many of the problems with secondary legislation arise when the Government use it to implement measures that should be included in primary legislation.

There was also a widespread view in the debate that the way in which we scrutinise secondary legislation could be improved by giving some scope for rethink and amendment. Certainly, both as a party spokesperson and as a Minister, I have found debates on statutory instruments for the most part particularly sterile. Will the Government therefore be prepared to countenance further discussion about how the quality of scrutiny of SIs by your Lordships’ House could be improved? In the light of yesterday’s suggestion that the Brexit process might lead to upwards of 2,000 SIs being produced, could the Government give an assurance now that they will not abuse the SI system in future by including in statutory instruments substantial policy issues that should rightly be the subject of primary legislation?

European Council

Debate between Baroness Smith of Basildon and Lord Newby

Monday 24th October 2016 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness for repeating the Prime Minister’s Statement. I also welcome the noble Lord, Lord Newby, to his first contribution to the House as the new leader of his party group. I am in the slightly strange position of now being the longest serving group leader in your Lordships’ House.

These EU Council meetings are undoubtedly trickier and more awkward for this Prime Minister than they have been for her predecessors. For all the hope and talk of being in until we are out, a worrying picture is emerging of a UK that is already starting to be sidelined. I suppose that it is inevitable and understandable, but it is nevertheless significant and it is of concern. I think that this is the first time that a British Prime Minister has not had important bilateral meetings with key EU leaders such as those of France and Germany. The three bilateral meetings she had were with Estonia, Romania and Greece. They were cordial and important issues were discussed, but they were not those which are central to the UK exit or our future.

When our Prime Minister spoke to the other 27 leaders about Brexit, if the accounts of that meeting or dinner are accurate, she had just five minutes in which to do so. But that may have been just long enough for the key messages she wanted to give because here we are, four months after the referendum result, and we are no closer to understanding the Government’s negotiating position. What is of more concern is that there is no confidence, either at home or in the EU, that the Government are any nearer to clarifying their negotiating position. So our Prime Minister wanders into high-level European Council meetings at a disadvantage even before they start. While such a position might have been understandable for her first or even her second meeting, it cannot continue.

I read the transcript of the Prime Minister’s statement in the press conference. There are only so many times that we can fall back on abstract and general terms about “finding the balance”, “maintaining a good relationship” or “playing a full role in the EU while we remain” before we have to start the serious work of negotiation. Before we do that, the UK has to have a position. We can sense the frustration from the EU in some of the comments made by other leaders, who are as keen as we are to understand the position of the UK Government.

Before I turn to the specific conclusions of the Council, I want to add something about the process in our Parliament. I read reports at the weekend, as did others, that an unnamed Cabinet Minister has responded to concerns raised about Brexit by Members of your Lordships’ House by saying that the Government could do a “Lloyd George” and create another 1,000 Peers. Here we go again.

Let us be clear. There are few in this House who do not have genuine concerns about the future of the UK outside of the EU and the Government’s apparently confused and unsettled approach to negotiating our exit. We take our responsibilities seriously in assisting the Government to make the best possible arrangements for the UK. We will use the expertise and knowledge of this House fully to understand the implications of Brexit, to advise the Government and to do whatever we can to ensure that these issues are effectively addressed, both through our highly regarded EU Committees and on the Floor of your Lordships’ House. We will scrutinise; we will examine; we will not block. But nor will we be bullied into abdicating our responsibilities.

We have to be adult about this. We cannot have the most enthusiastic Brexiters crying foul every time Parliament asks for some details or seeks to scrutinise. This cannot be the only issue on which the Government are allowed a blank cheque without any accountability. It is complex, it is difficult and the Government should see this House as an asset and not try to avoid helpful scrutiny. Their mantra of “No running commentary” is becoming embarrassing and sounds like code for “We haven’t a clue”. Can I suggest that the Government abandon this and see Parliament as a resource for getting this right?

On migration, it seemed that nothing new came out of the Council meeting. The first page of the press release states:

“The European Council took stock of the latest developments … highlighting the importance of implementation”.

It just reads as an update on actions going back, as indicated on page 2, “many years”, and a call for more action on previously agreed policies. Given the scale of the crisis, can the noble Baroness highlight anything new or any real progress that was made on this issue?

In the final paragraphs of the report on external relations and the atrocities waged on civilians in Aleppo, the language is strong, but a statement that:

“The EU is considering all available options, should the … atrocities continue”,

does not appear to have worried President Putin very much as his military flotilla sailed through the English Channel. Can the noble Baroness say anything more about the Prime Minister’s role in these discussions and what action she urged on the EU?

On trade, there were discussions regarding the stalled EU-Canada Comprehensive Economic and Trade Agreement. The Prime Minister has repeated in her Statement today that she is not looking at any existing model for future UK trade agreements but that the UK will create something new and specific to the UK. Although we have been unable to have anything other than very informal discussions with other countries regarding future trade agreements, it is clear that EU negotiations with Canada, Japan and other trade partners, including South America, will impact on the UK and on our future discussions. Just by saying, as the Prime Minister does in her Statement, that it will not have any impact does not make that the case. What role is the UK playing in these negotiations and what serious assessment is being undertaken of the future impact on any UK negotiations with these countries and the EU?

Although the Prime Minister did not have a formal bilateral meeting with the Spanish Prime Minister, was there an opportunity for an informal conversation, either at ministerial or official level, on Gibraltar? I know that the noble Baroness will understand the concerns of the Government and people of Gibraltar. Can she provide reassurance today that they will never be used as bargaining chips in pursuit of a wider settlement?

[Lord Newby (LD)]

My Lords, I thank the noble Baroness the Leader of the House for repeating the Statement and the noble Baroness, Lady Smith, for her welcome.

Picture the scene: it is one o’clock in the morning—the dinner started five hours earlier. The Heads of Government are texting their chauffeurs to come and pick them up, and almost as an afterthought to the main proceedings, the British Prime Minister is asked to speak about the Government’s approach to Brexit. She speaks for five minutes. The weary Prime Ministers heave a sigh of relief and stagger into the night. This is not regaining control, this is just humiliating.

On the substance of the Prime Minister’s middle-of-the-night performance, can the noble Baroness the Leader of the House explain why it took her so long to deliver it? Given the almost total lack of information that she has provided to Parliament so far, she could have written her presentation on a postage stamp. Why on earth did it take five minutes?

In the discussions earlier in the day, the Prime Minister apparently played a vigorous part: on Syria, on migration and on external trade. She says that she wants to continue to play a full part in such discussions as long as we remain a member of the EU. In recent weeks, however, she and other Ministers have used language that can only harden attitudes towards the UK among the other EU politicians. Can the noble Baroness explain to the House how such rhetoric can do anything other than weaken our negotiating position not just on Brexit but on every other issue as well? Is not this weakness reflected in the fact that, instead of meeting the leaders of France and Germany, as the noble Baroness, Lady Smith, has pointed out, the Prime Minister only had summit bilaterals with the leaders of Estonia, Romania and Greece? Is it not also reflected in the fact that the Prime Minister pleaded with the other 27 member states not to be excluded from meetings, only to be told that she was living on “another planet” if she expected to be involved in discussions that affected the future of Europe after our planned departure date?

In these circumstances, what does the Prime Minister’s statement that she will be a “strong and dependable partner” really mean? Have not the other Heads of Government already decided that, for their purposes, she is actually weak and irrelevant? Is it not the case that with every passing month, our influence with other member states will diminish, and that as they take decisions with long-term implications, they will simply view the British input as increasingly irrelevant? Moreover, does this not foreshadow a longer-term problem for the UK; namely, that as discussions at EU Council meetings increasingly cover actions to be taken after our planned date of departure, our voice will be simply and increasingly ignored? Can the noble Baroness give the House some idea of how, if we are no longer members of the EU, the Government can hope to exercise as much influence as we now have with the 27 other EU member states when we are not even in the room when they discuss issues such as security, foreign policy, migration or the environment?

On the summit issues themselves, can the noble Baroness confirm whether a no-fly zone in Syria is now government policy, given recent comments by the Foreign Secretary? Am I right in thinking that the Prime Minister failed to use the opportunity of the summit to press her French counterpart about how best to protect the hundreds of children currently stuck in the Calais Jungle camp? Will she update the House, given today’s events in Calais, on how many children the UK expects to take as a result of the system initiated by the noble Lord, Lord Dubs? In her discussion with the Prime Minister of Greece, did she take the opportunity to discuss how most effectively we could begin to take unaccompanied refugee children from there, in pursuance of the Dubs amendment?

I believe that the Prime Minister spoke on—and voted at the summit to prevent—the imposition of punitive duties on Chinese steel imports. Was that indeed the case, and if so, how does the Prime Minister justify her stance? Can the noble Baroness imagine that we would take a similar stance if the dumping country were any other than China, with which the Government seem desperate to retain good relations at almost any cost?

This Statement is from a Government who believe they can lecture people into being sympathetic, who are split from top to toe on what they want Brexit to look like, and who now have no admirers and virtually no friends left in Europe. This is not a recipe for a bold new future for our country, this is a recipe for disaster.