European Union (Withdrawal) Bill

Ben Lake Excerpts

Committee: 1st sitting: House of Commons
Tuesday 14th November 2017 Commons Chamber

[Hywel Williams]

I take that advice. I say only that it has been suggested that some in Northern Ireland would surely see the Government’s taking this decision with no Assembly in place as being the diktat of a governor general, or at the very least unwise as a basis on which to proceed.

As I said, the elephant in the room is the question of who speaks for England. This is the last constitutional conundrum—the constitutional exceptionalism that successive Governments have failed to address in this place. Who speaks for England? Clearly on this matter, it appears that this Conservative Government do so. Are the Labour Opposition sanguine about that? I hope to press this amendment to a vote. I do not know how Labour will vote on it, but I remind them that their Labour colleagues in Cardiff are certainly not sanguine.

The Minister may point to the resurrected Joint Ministerial Committee as a cover for—

[Ben Lake (Ceredigion) (PC)]

Members will no doubt be aware that the Joint Ministerial Committee on EU Negotiations has met only twice in the past year. Does my hon. Friend agree that that Committee fails to afford the devolved Administrations a real voice in these negotiations and that in its current form it is wholly inadequate for the purpose of facilitating discussion and agreement?

[Hywel Williams]

I thank my hon. Friend for making that point. I was obviously about to come on to that matter.

The Government might wish to use the Joint Ministerial Committee as a cover for proceeding with this matter, but so far that Committee has not proved itself to be a substitute for proper agreement obtained directly with the Welsh Assembly and the Scottish Parliament. The JMC—as obscure to many Members in this place as it is to the press and the population at large—met in February and did not meet again until October, during which period the most important and momentous events were taking place and fundamental decisions being taken. Following the October meeting, the Government sought to gloss over the real concerns of the Scottish and Welsh Governments, but as I said earlier, these have now been made clear.

In the Brexit Committee on 25 October, I asked the Brexit Secretary what the formal relationship was between himself and the First Secretary of State, who is handling the JMC. I asked:

“What is the formal relationship between your Department and his on this specific issue?”

He replied,

“there is none at all. He is one of my oldest friends”,

to which I replied:

“He is a very fine man, I am sure.”

I have been in this place for long enough—though not in government—to know the ways of Whitehall working. There are two conditions: where there is a formal relationship between Departments and there is accountability, and where there is no formal relationship and there is no accountability. In the case of the JMC, there is no formal reporting back but perhaps a chat between old friends. I have a large number of old friends—fine people whom I respect—but I certainly would not base my decision about the future of my children and my grandchildren on an informal fireside chat.