European Union (Withdrawal) Bill

Earl of Sandwich Excerpts

2nd reading (Hansard): House of Lords
Wednesday 31st January 2018 Lords Chamber

[The Earl of Sandwich (CB)]

My Lords, en principe I am against repealing the 1972 Act. I have a personal reason for this. My father was the 1960s equivalent of a UKIP leader. He campaigned against Europe and it irritates me that he has somehow posthumously won by means of an advisory referendum—referenced by the noble Lord, Lord Higgins—that not did not even express the will of the majority of registered voters.

Apart from that—I will get over it—I am unashamedly European. I have lived and worked in Europe and my degree was in European languages. I have Italian in-laws. I want to preserve peace in Europe. I support enlargement of Europe. I refuse to go into choppy, uncharted waters with a salt-caked smoke stack. I do not think that the Government have got it right.

However, I am also an independent. I sympathise with the Lib Dems, but I also understand some of the fears of Brexiteers about regulation, the eurozone, closer union and immigration. Those are genuine fears. But I would prefer that these vast issues were tackled inside Europe in some form or other. As the noble Lord, Lord Patten, and others made clear, this major decision is all about one party and not about the whole country. I see Brexit as a costly and desperate scramble to retain all of the undoubted advantages of the EU without having to sit around the table talking about them. Monsieur Macron was right: we are having our cake and eating it, but we are also getting bad indigestion.

The country now divides into three: the Remainers, the Brexiteers and those, like me, who are still asking, “How do we get out of this mess?”. The human cost of Brexit is undeniable: just look at the loss of NHS staff besides all the forecast effects on education, culture and the economy. But there may yet be a way out, short of complete withdrawal and without a second referendum.

Few of us want to sabotage the Bill. It is a necessary Bill and the debate is not about the Government’s plans—since on many things they have no plans. We must, and I am sure that we will, vote to retain all of our current EU-derived legislation. But along the way a few things stand out so starkly that they have to be mentioned, and they have been. We still do not know where we are going. Worse than that, on some issues we are going into a chasm or void—words used by the noble Lord, Lord Duncan, last week. But he also quoted Burns:

“Oh let us not, like snarling curs,

In wrangling be divided”.

The darkest hole is in the sea between Ireland and the United Kingdom, something equivalent to the Corryvrechan. The Government’s position on the border issue is muddy because they are trying to reconcile the irreconcilable between the Irish and Northern Irish positions. I urge the Government to show their hand soon and to be guided, as the noble Baroness, Lady O’Neill, said, by the Belfast principles, since as my noble friend Lord Eames and others said last week, they cannot leave the people in such uncertainty.

The people of Gibraltar share some of the uncertainty felt in Northern Ireland. How could the Government get so close to the cliff edge as to cause anxiety and even worse, if the people of Gibraltar are not given proper guarantees? Then, there is devolution. Last week’s debate showed clearly that the devolved Administrations were not properly consulted and that amendments in the Commons were never discussed. There are still many UK issues to resolve in the UK before we go back to the EU negotiating table.

Constitutional experts are still worried about the exceptional use of delegated powers and whether the Government should assign a single status to retained EU direct legislation. My noble friend Lord Kakkar showed how much damage there will be to science from any uncertainties that continue through the transition. Children’s charities and lawyers are concerned about the exclusion of the Charter of Fundamental Rights. Other people are in considerable doubt about future references to rulings of the ECJ. The Greens and many others say that environmental law is not being fully translated into UK law. We heard about that from the noble Baroness, Lady Featherstone. I shall be supporting amendments on all these issues unless the Government put down their own to meet these concerns.

I feel confident that this Parliament will now have a say on the final deal although, if it rejects the deal, there will have to be further renegotiation. The EU knows this and would like us to remain in Europe. I believe it is not impossible that, in the event of rejection, we shall have the opportunity to remain as a member under Article 50, but on new terms. If not, then the Government will have to look for some intermediate status, alongside the single market. No one seems able to forecast what that might be or even whether such a status exists.

In short, we have got ourselves into a mess. I doubt if any party, or any organisation outside Brussels, can pull us out of it but I hope and am confident that this debate will have made a contribution.

European Union (Withdrawal) Bill

Earl of Sandwich Excerpts

Committee: 2nd sitting (Hansard - continued): House of Lords
Monday 26th February 2018 Lords Chamber

[Lord Kerr of Kinlochard]

I am coming to that. I agree entirely that co-operation is in everyone’s interests. This is one of the areas of negotiation where we are not talking about a zero-sum game; rather, we are talking about a common interest, so I agree with the noble Lord. The point I am making is that we are in the next room. We are not in the room where the decisions are taken. We need an offer and an architecture for the next room. We need to come forward very soon and say, “We are prepared to consult on everything in the area of the common foreign and security policy. We are prepared to consult before every great debate at the United Nations. We would like to consult about every conflict area where Europe should have a view and possibly a presence. We would like to go on contributing our analysis and our intelligence. We would like you, o European Union, to build an annex to the Council—the room next door where we, who we hope will be your closest partner in co-operation on foreign policy, will be consulted by you and will consult you”.

A moment ago the noble Lord, Lord Liddle, made the point that the timing is very important. If we leave the European Union in March 2019, we will leave the Council and there will be no such structure in existence. I should think that something will be invented in the end, but there will be a period of hiatus when we will do the best we can. It would be much better if the United Kingdom were now to put forward an offer and an architecture. It would be much better if there had been a third section to the Prime Minister’s speech in Munich in which she had said, “This is how we envisage it working”. I do not see, particularly on the common foreign and security policy, why we should leave it to the European Commission. There is no great expertise on this in the Commission. It seems that it would have been better on a number of the dossiers in this negotiation if we had actually decided to play at home rather than play on their turf. It would have been better if on every issue we had not waited for the other side to make a proposal.

This is the locus classicus. This is the area of our greatest reputation in Europe. We invented the existing structures in this area, which we are now going to walk away from. This is the area par excellence where the other countries would like to co-operate with us. Why do we not put forward a proposal now? That is why I can support very happily Amendments 12 and 185, but I fear that there is no point in pretending that we can remain, on particular issues, a member of the club. We will have left the club, so the best we can do is try to be its closest partner on the common foreign and security policy.

[The Earl of Sandwich (CB)]

My Lords, following on from what my noble friend has just said, I should like to ask a favour of the Minister. I am not going to make a speech because I had my chance at Second Reading. My request is that she will respond to the question of international development. The noble Lord, Lord Wallace of Saltaire, mentioned it, but it was not in his amendment. However, it is very connected. I am thinking in particular of Kosovo at the moment as an example of the bridge between security, defence and international development. It is still going on. At this moment the Prime Minister of Kosovo is in the House of Commons seeking our support in the context of the European Union, of which we are still a member. This is something that is happening now. I hope that the Minister can respond on that subject and I will probably table an amendment at the next stage.

[The Earl of Listowel (CB)]

My Lords, we will come to the issue of children’s rights later in the Bill: the right to education, the right to contact with both parents and the right to rehabilitation from abuse and torture. While listening to the debate I recalled my mother’s experience of losing her younger brother when he was one or two years of age. They were in an air raid shelter that was cold and wet. He contracted, I think, meningitis. I was also thinking of the Anna Freud National Centre for Children and Families, which is a centre of excellence for helping children and young people. Originally it was known as the Hampstead War Nurseries. It was set up by Anna Freud during the Second World War to care for children dealing with the trauma of bereavement as a result of losing their parents in war. I hardly need to say to your Lordships that this is a very important matter. We need only to look at what is happening to children in Syria, so we must take the most constructive and proactive course possible.

We can keep this country safe, but other countries rely on our strength to keep them safe and secure, and help their children to lead stable and secure lives. I am sure that the Minister will want to make a constructive response to this debate and I hope that she will be as sympathetic as possible to the concerns raised.

European Union (Withdrawal) Bill

Earl of Sandwich Excerpts

Report: 1st sitting: House of Lords
Wednesday 18th April 2018 Lords Chamber

Moved by

[The Earl of Sandwich]

6: Clause 1, page 1, line 3, at end insert—
“(2) Regulations bringing into force subsection (1) may not be made until the Secretary of State has laid before both Houses of Parliament such procedures as have been agreed with the EU for continued coordination of international aid and development policy, including association with the EU’s European Development Fund, ECHO, humanitarian aid missions and similar institutions, and these procedures have been approved by a resolution of each House of Parliament.”

[The Earl of Sandwich (CB)]

My Lords, in proposing Amendment 6, I would like to remind noble Lords that in Committee the noble Lord, Lord Wallace of Saltaire, moved an important amendment, Amendment 12, on foreign policy and security. International development was mentioned only in passing, so I wish to make up for that today and I am grateful for the support of colleagues who have experience of development. I intervened only briefly in Committee and I promise not to take up more than a few moments of valuable time on Report.

International aid used to be an also-ran subject in Parliament, but the Blair Government and the Cameron-Clegg coalition changed all of that, although some are still restless about the 0.7% target. Foreign policy, security, trade and aid are all closely joined up these days and the aid programme now involves several government departments.

I believe that this country has enjoyed a long and beneficial period of EU membership, during which we have developed close ties with several European aid agencies, the most prominent of which are the European Development Fund, ECHO, the humanitarian fund, and the Commission’s own aid instrument. We have been paying considerable amounts into these funds and we have worked alongside them in our own aid programmes around the world. DfID has a significant EU department which manages these relationships over here, in Europe and in the many countries that benefit. As you would expect, these aid programmes are monitored by committees of both Houses such as our own EU Committee, which I hope we shall retain, as well as by watchdogs like the National Audit Office and the Independent Commission on Aid Impact. How are we going to continue to be associated with these EU programmes after Brexit?

I know that during the passage of the Bill there have been continuous hopes of association with all kinds of things European, but the Government are full of empty reassurances. That is why we have to keep reminding Ministers that they are important, even in a withdrawal Bill. In the words of the amendment, we need,

“continued coordination of international aid and development policy”.

I am sorry for those Peers with distinguished foreign policy backgrounds who spoke on Amendment 12 because they got next to nothing back from the Front Bench except honeyed words. For instance, my old friend the noble Viscount, Lord Hailsham, wanted to ensure that the UK is a full participant in the formulation of foreign and security policies, while others like my noble friend Lord Hannay warned that it might already be too late for the Government to set up any alternative framework for our future foreign and security policy. Why should we wait so long? The main excuse offered is that we would be showing our cards too early. Do we have to wait for the very final deal or beyond that to transition, or even no deal? How can Monsieur Barnier be expected to negotiate when there is nothing but air to negotiate with, and why should our sovereign Parliament have to wait in the meantime?

If you read the Lancaster House speech made in January 2017 or the partnership paper from last September Foreign Policy, Defence and Development, you might believe that the Prime Minister was already satisfied with our relationship with the EU and our present association with many EU institutions—and perhaps she is. From the vote we have just had, I believe that so are the majority of us here in Parliament. Yet she still delays, and despite all the talk of partnership, what you do not get is any sense that this fine association is going to continue. Instead, you get woolly phrases such as:

“The UK would like to offer a future relationship that is deeper than any current third country partnership”.


I would like to think that the Commission is already making contingency plans for some kind of association agreement between the UK and the EU development agencies. However, the Minister may well say that it has enough trouble already in rethinking its own aid programmes, which is true. However, sitting at the edge of a table is not as good as sitting at the table, especially after you have somewhat ostentatiously kicked back the chair and given up your place.

Moreover, what about the people engaged on the ground—the aid workers and managers of aid programmes; what can they look forward to? Many aid agencies in this country which are receiving grants from various EU budgets are unable to plan ahead. What is being done to help them through this transition, because they cannot expect DflD to pick up the tab at short notice?

Another area is development education, a subject about which we have already heard a lot during the course of the Bill. A wide variety of NGOs are drawing on EU central funding to interpret development issues abroad through events and exhibitions about Africa and subjects in Asia. The Bond organisation has done a lot of work on future collaboration of civil society organisations in the EU which may help Her Majesty’s Government with their plans.

In conclusion, as I said at Second Reading, EU member states form the world’s largest source of development funding and, taken together, they make a huge contribution to poverty reduction and help to defeat epidemics. They are currently interlocked through the various aid organisations and, despite the UK’s prominent position in the EU during these two years of pre-Brexit meandering, we still have no idea how the structures can be dismantled and replaced. I beg to move.

[Lord Bruce of Bennachie (LD)]

My Lords, I rise briefly to support the noble Earl, Lord Sandwich, and I was happy to add my name to the amendment. I want just to reinforce the point that currently the UK delivers £1.5 billion a year of its aid through EU institutions, and indeed 15% of the European Development Fund comes from the UK, so it is in the interests both of the UK and the EU that we should continue to co-operate.

Much more practically, in the two multilateral aid reviews that have been carried out by the Department for International Development, the delivery of aid by EU agencies has been described as “Very Good” in terms of the “Match with UK development objectives” and operational performance, so it does deliver for us. It is also the case that it is entirely consistent with the EU for non-member states to contribute to European development funding because both Norway and Switzerland contribute to the European Development Fund.

The other issue that is causing concern if there is no continuing engagement is the Caribbean and Pacific regions, whose relationship with the EU they value very much, but which has been strongly championed by the UK as a member. If we continue to participate, they will be reassured by knowing that our voice will have some influence on ensuring that their interests are safeguarded.

A final point made by the noble Earl, Lord Sandwich, was that many of our NGOs—our development contractors and specialists—are involved in helping to deliver EU programmes. It would be very much in their interests, as well as those of the EU, if they were able to continue to be part of a European objective which—it is important that the House understands this—delivers aid and development in parts of the world that the UK does not reach because it does not have an operational presence where the EU does. I support the amendment; it is entirely consistent with our record in the past and would be a very positive development for the future.

--- Later in debate ---

[Baroness Goldie (Con)]

My Lords, I am grateful for the opportunity to respond to Amendment 6—tabled by the noble Earl, Lord Sandwich, and supported by the noble Lord, Lord Crisp—concerning the co-ordination of international aid and development policy once we have left the EU. This matter is important and I hope to respond with some adequacy to the points that have been made.

As noble Lords know, the Government have committed to meet all the financial obligations that we have to the European Development Fund and other EU development instruments up to December 2020, when both the implementation period and the current EU Multiannual Financial Framework will end. As a world-leading development donor, we will continue to honour our commitments to the world’s poorest and seek to shape how the EU spends those funds through all the means available to us after exit. Once we have left the EU, the EU will remain one of the largest development spenders and influencers in the world, as will the UK. Let me assure your Lordships that we want to retain a close partnership with the EU in the future. It is in the interests of both the UK and the EU that we work coherently together—a point rightly emphasised by the noble Lord, Lord Collins—in response to specific crises overseas and in helping the world’s most vulnerable people. Importantly, we share the concerns and values of the EU, and the commitment to the sustainable development goals, Paris climate change agenda and Addis Ababa agreement on financing for development. We share a commitment to the 0.7% contribution and to testing new and innovative approaches to financing the “billions to trillions” agenda.

The EU’s development priorities are closely aligned with the UK’s; indeed, they have been shaped to a considerable extent by the UK during our EU membership. For example, our approach to addressing the root causes of migration and meeting humanitarian needs from the outset in a way that prepares for longer-term crisis response are based on our common experiences and joint shaping of best practice in development programming. Where we hold these shared commitments and objectives, it is in our mutual interest to find ways to continue working together, on a case-by-case basis, to ensure that we can collectively draw on expertise and resources, achieve our global development objectives and deliver the best value for money. As the Prime Minister said in her Munich speech,

“if a UK contribution to EU development programmes and instruments can best deliver our mutual interests, we should both be open to that”.

In September last year, we published a future partnership paper setting out our desire for future co-operation with the EU on development that goes beyond existing third country arrangements and builds on our shared interests and values. As we enter a more forward-looking phase of negotiations with the EU, we look forward to discussing what this partnership will look like.

However, while we have clearly signalled to the EU our openness to a future partnership on development, that partnership will be contingent on the current discussions between the European Commission and member states on how the EU will finance international development after 2020. Put simply, the EDF will not exist in its current form after 2020, and nor will the other instruments that currently fund development programmes through the EU budget. The European Commission and member states are engaged in ongoing discussions about how the EU will fund its development priorities in the future, as referred to by the noble Lord, Lord Bruce. It is not at all clear currently whether the EU’s future development finance instruments will allow participation by non-member states. The current set of instruments—including ECHO and the EDF—are open to contributions from members of the EU only. We are encouraging the EU to design a more open and flexible enabling framework within which it can work with its partners to tackle global development challenges and build a secure, stable and prosperous world. We envisage that holding these development financing instruments open to third countries would enable the UK to work through the EU on a case-by-case basis where we judge our development impact would be amplified.

Finally, assuming that the EU designs a set of future development instruments that is open to non-member states to participate in, we would of course need to be satisfied with the terms of such participation. In particular, we would need to be assured of adequate governance arrangements to allow us to track and account for our spending and the results we deliver. We are also clear that the UK’s world-class development sector should be eligible to implement EU programmes to which the UK contributes. I say to the noble Earl, Lord Sandwich, that in this context, I think I can say that while the Government are in agreement with the spirit in which the amendment is offered—the spirit of a future partnership with the EU on development—we do not agree that it would be appropriate to legislate at the moment for a future partnership that as yet, we know so little about, or indeed that relies on EU instruments that will be obsolete by the end of the implementation period.

I said at the beginning that I wanted to try to provide a response of some adequacy because this is a very important issue. Very good ongoing work is taking place. I hope that this provides your Lordships’ House with the reassurance that the UK is closely engaging with the EU to shape that vital future relationship and, in those circumstances, that the noble Earl feels able to withdraw his amendment.

[The Earl of Sandwich]

I thank the Minister very much for her response. I am obviously not going to put the amendment to a vote—it is a sort of respite period between the other votes—but I maintain that it is an important subject linked to many other existing big issues. Aid is a mightier weapon than most people realise. I would like to see it get a higher status. I was a bit disappointed that no Bishops joined in the debate, but there we are.

Global priorities were rightly mentioned by the noble Lord, Lord Crisp, and some by the Minister. I am glad that she went forward to talk about what might happen in the European Union, because changes are afoot. We have to work alongside those when we reach the point of association. I know that the Government recognise that there are shared values. We are all still Europeans and we share similar commitments and objectives. With that, I beg leave to withdraw the amendment.

Amendment 6 withdrawn.