EU Referendum and EU Reform (EUC Report)

Earl of Caithness Excerpts

Wednesday 15th June 2016 Lords Chamber

[The Earl of Caithness (Con)]

My Lords, I feel that I am rather in the position of Willie at the “Wet Review” as the person out of step. I am going to talk about the Motion on the Order Paper, but I shall at least be in step with the noble Lord, Lord Boswell.

It is strange to debate reports that your Lordships have produced—I was honoured to serve on the committee that produced the two reports under the chairmanship of the noble Lord, Lord Boswell—when we do not have a reply from the Government. However, that may be just as well, as we would not have had the debate if we had had to wait for the Government’s reply. First of all, I thank all those who helped us on the committee. I pay special tribute to the work of our clerks and our legal adviser, and I thank them for the help that they gave us.

I want to turn to what is called the “new settlement”, which was very much the subject of our first report. As the noble Baroness, Lady Falkner of Margravine, said, this is an important document, although it may well never see the light of day. From the evidence that we got, we came to some very strong conclusions about that new agreement and they are well worth studying.

We have talked in economic terms—I declare my interest as having just served on the EU Financial Affairs Sub-Committee, chaired by the noble Baroness, Lady Falkner—and we have been very concerned about competitiveness, which is addressed in the new agreement. It is one of the major issues that has been taken forward. Indeed, we say in Recommendation 27 that,

“the competitiveness element of the new settlement is a significant achievement”.

It is important to remember that.

Another point that I would like to highlight is the wording of the “new settlement”. It is completely wrong to have called it “A new settlement for the United Kingdom” because much of it relates to how the EU works. As we say in Recommendation 44, it is,

“a misnomer: as our analysis demonstrates, many aspects of the ‘new settlement’ reflect the views of most if not all Member States. If the ‘new settlement’ is in due course implemented, it will have far-reaching effects”,

on how the EU works as a whole. It is sad that the new settlement has played no part in the discussion in the European referendum campaign.

Turning to the campaign, I think that the important thing to remember as part of the background is highlighted in paragraph 5 in our conclusions and recommendations. This refers to the UK being less knowledgeable about the EU than any other member state. I do not think that that position will have improved at the end of this campaign, and that, to me, is a real tragedy.

In paragraph 2 of our conclusions and recommendations, we say:

“The debate leading up to the referendum should be of a quality and breadth proportionate to the importance of the decision. It should be wide-ranging and inclusive, based on accurate information”.

Given that we know so little about the EU, the campaign has been darkness itself.

The noble Lord, Lord Boswell, is right to say that we are here to hold the Government to account, but at this point I want to widen my remarks. I am very angry and saddened by the campaign. I say to the noble Lord, Lord Pearson, that the leave campaign and the remain campaign have done this country no favours at all. To tell a lie often enough and to persuade the public to believe it, and to recklessly disregard history, is a fatal flaw. I am fearful that senior politicians are entering into the no-truth zone. That has huge implications for government in general. It is a serious worry.

There has been no attempt by either side to look at a way forward that could work for Britain and the continent. No effort has been made to project how the future might be or to realise that the eastern part of the EU and the countries adjoining it are in a state of almost anarchy in some cases and heading close to war in others. This is a supremely important time in Europe’s history and both campaigns are looking away and facing inward. That is a real sadness. Perhaps the campaigns have been burnished and become light only on the egos of those involved.

The press have not helped either. It is sad to see but one person in the press box today. Perhaps when we reform this House we might get rid of the press box altogether; it would make no difference to how things are reported.

I turn to the process of leaving. The EU is a highly legal structure. The noble Lord, Lord Jay, made that point, and I want to strengthen it. If Brexit wins the day, we will have to have two agreements: a withdrawal agreement and a new agreement for continuing ongoing business. However, because of the legal structure, if those agreements are what is called “mixed”—that is, they include member state and EU competences—they will have to be agreed by the EU Council, the EU Parliament, 27 member states individually, the UK Parliament and our three devolved Governments, because European law is involved. That is going to be hugely complicated.

One talks about the timescale in which this can be achieved. It is worth remembering, as is pointed out in our report, how little time was given to the renegotiation or “new settlement”. With Britain coming out of the EU, how much less time will the EU give to our problem of trying to negotiate a withdrawal and a new agreement, particularly when there are French and German elections? There is a two-year period—the legal advice is quite clear on this—and because the European Union is a legal structure, we are duty-bound as a country to obey international law. If we do not, we are providing new meaning to “perfidious Albion”.

I have come to the conclusion that referendums are divisive and very distracting. The result of this referendum will not end the problem or the debate on Europe. It is merely a stepping stone in the long history of how Britain and the continent have made an arrangement to live. If we look back over the past 1,000 years, we see that it has been a turbulent arrangement. No doubt that will continue.