European Union (Withdrawal) Bill

Lord Adonis Excerpts

Committee: 10th sitting (Hansard): House of Lords
Monday 26th March 2018 Lords Chamber

[Lord Luce (CB)]

My Lords, I declare an interest as a former Governor of Gibraltar. I support very much the amendment moved by the noble and learned Baroness, Lady Butler-Sloss, and supported by the noble Lord, Lord Chidgey. I find myself in total agreement with all the speeches that have been made so far.

Without any doubt, the people of Gibraltar have as a whole been suffering great anxiety over the last several months about their future. It is essential that we find ways to assure them of their future. Let us remind ourselves that during the referendum, 96% of them voted in favour of remaining in the European Union. Why? Because it enabled them to expand their financial services through the passporting system and, through the internal border, the Commission could give some form of protection to a smooth flow—in so far as there has been one—across that border. But under Brexit, as the noble Lord, Lord Hannay, so rightly said, it would immediately become an external border with all the consequences which would flow from that.

A very important element is that 90% of Gibraltar’s business with the EU is with the United Kingdom, principally in financial services. It is essential that they have that reassurance so they can retain that access, making it easier for them to do business with the United Kingdom. Hence this amendment, which is designed to give reassurances to the people of Gibraltar about their acquired rights as corporations and individual citizens.

Events have moved in a better direction in the last couple of weeks, and the verbal assurances given by Ministers have been transformed into a concrete package, which was announced on 8 March as a result of the joint ministerial council meeting. It assures Gibraltar of continuity with the United Kingdom, with mechanisms which are now in place to secure trading and commercial links with the United Kingdom until the end of 2020—that is to say, for the transition period. But as the noble Lord, Lord Hannay, pointed out, it is not clear whether this transition period applies to Gibraltar’s relationship with the whole of the European Union. I hope the Minister will give a clear answer on that question at the end of the debate.

My concern then flows to the post-Brexit period for Gibraltar, and I agree entirely with the comments that have been made. As far as the United Kingdom is concerned, there have been assurances and very important commitments to design a modernised agreement based on high standards of regulation and enforcement. That means further regulatory alignment between Gibraltar and the United Kingdom. There are long-term commitments to have growing market access for financial services to the United Kingdom and strengthened relationships on the health services, environment and transport. As I am Chancellor of the new University of Gibraltar, I am very glad of its commitment to develop reciprocal relations between students in Gibraltar and the United Kingdom.

[Lord Adonis (Lab)]

Does the noble Lord know whether the Government of Gibraltar are in favour of a referendum on a final withdrawal treaty and, as a former Governor of Gibraltar, does he think that is a good idea?

[Lord Luce]

I am not going to be drawn on that but, if I may, I will end my remarks by emphasising the need for words not just of caution but of hope. On caution, I refer to clause 24 of the European Union’s negotiating procedures, which gives Spain a right of veto. That remains a matter of profound anxiety regarding the negotiations that are going to take place in the next six months. It is in the hands of Spain whether it handles Gibraltar like Catalonia, or in a more sane fashion. I can say only that in terms of hope, what is required is a sustained dialogue between the UK and Spanish Governments, which I hope is now taking place, involving very strongly the Government of Gibraltar. The purpose should be to work in a positive and statesmanlike fashion to achieve an agreement on economic co-operation across the border between Gibraltar and Andalusia, bearing in mind that 13,000 people a day cross that border—40% of the workforce of Gibraltar. It would be profoundly to their mutual advantage to achieve that, if Spain has a positive attitude, but beyond that Spain has got to be positive about its future long-term relations with Gibraltar. There is still a long way to go.

--- Later in debate ---

[Baroness Hayter of Kentish Town]

My Lords, it is worth the wait. We need to be clear that these amendments—which return to the Bill its original flexibility over exit day—are not about overturning the decision to leave. They are about removing the straitjacket the Government inserted at the behest of some ardent Brexiteers more anxious to earn their spurs than help the Government in their delicate negotiations. Importantly, the amendments enable the Bill to fulfil the task set for it: to provide a functioning statute book and legal certainty as we withdraw from the EU.

A fixed, immutable date undermines this, which even the Government acknowledge as the Bill contains a get-out in Clause 14(4)(a). The two drawbacks of the fixed date are: first, it undermines the transition period, which is rather vital for our departure; and secondly, it undermines the Government’s negotiating strength. Indeed, it appears to make it illegal, without the use of Clause 14(4) for the UK to extend the Article 50 negotiations period by even a single minute—even if the EU 27 unanimously agreed to do so, and even if it were in our country’s best interests.

With regard to the transition, assuming it will be on current terms, the ECJ would continue to have some hold under those. Therefore, triggering Clause 6(1) to end its jurisdiction on 28 March next year is a nonsense. This needs to be delayed until the end, not the beginning of the transition phase, or, in the case of EU citizens, whom we have promised can access it for eight years, a later date, as may also be needed for our continued participation in Euratom or other agencies.

Turning to the negotiations, as our EU Committee says:

“The rigidity of the Article deadline of 29 March 2019 makes a no deal outcome more likely. For the Government to compound the rigidity of Article 50 by enshrining the same deadline in domestic law would not be in the national interest”.

[Lord Adonis]

My Lords, does my noble friend not agree that it is a question not just of rigidity but of parliamentary sovereignty that Parliament should not agree the date of withdrawal until we see the withdrawal treaty? The flexibility to which she refers in Clause 14(4) is flexibility only at the behest of the Government because they have to move an amendment to the date, whereas it should be Parliament in the driving seat. Parliament should not agree a Brexit date until we see and have approved the withdrawal treaty.

[Baroness Hayter of Kentish Town]

I think that that is what the amendments seek to achieve and, as this House has said again and again, the whole idea was meant to be to bring back decision-making to Parliament.

--- Later in debate ---

[The Duke of Wellington (Con)]

I support Amendment 334, a cross-party amendment to which I have added my name, and which goes with Amendment 343. As other noble Lords have said, it is a modest amendment which simply restores the original wording of the Bill. As has also been said, here and in the other place, the Bill is about process not outcome. The amendment makes no attempt to delay the date on which we leave the EU. I believe that we will be told by the Government that one justification for putting the date in the Bill is to remove uncertainty. There are many uncertainties ahead of us, post Brexit, but there is surely no uncertainty about the date on which we leave the EU. It is clear that, under Article 50, we leave the EU on 29 March 2019 unless it seems at the time to be in the national interest for the Government to request a limited extension or delay in order to complete the process of withdrawing.

It could be that the withdrawal and implementation Bill has not yet passed through both Houses of Parliament. The European Parliament may not yet have passed it. There could still be matters to negotiate. There could be various reasons, but the point is that it could be in the national interest, at the time, to seek a delay. I am sure that a small delay would be granted by the other 27 member states if we were near the end of the process. I am aware that an amendment tabled in another place by Sir Oliver Letwin gave Ministers the power to change the exit date. However, I believe it is right—this is the fundamental point of the amendment—for this House to ask the other place to think again about the necessity of putting the date in the Bill. Is that necessary? Is it expedient? This amendment and the related amendments are intended to give the Government, and Parliament, greater flexibility. I hope the Government will accepted them in the spirit in which they are intended.

[Lord Adonis]

My Lords, the noble Baroness needs to be very cautious about taking on the noble Duke, of Wellington in a debate. I hope that she will be able to agree with her ducal colleague. There are two key points here: one is fundamental, the other pragmatic. The noble Duke made the pragmatic one, which is compelling. There could be reasons, perhaps to do with the final ratification processes, why it is in the public interest to delay and we should not put obstacles in the path of that. There is also a reason of fundamental constitutional principle why we should not agree to this. We are being asked to agree to a date for leaving the European Union, and to put it in statute, before we know what we will be doing after we leave. Until we have the withdrawal treaty, we will not be aware of what the terms of withdrawal are—

[Lord Liddle]

I do not think we are going to know what the terms of withdrawal are even when we get that treaty. All we are going to get is a political declaration. It is clear that everyone in Brussels thinks that the British Government want to fudge that as much as possible because that is the only way the Prime Minister, Mrs May, can get an agreement through the House of Commons and her own party.

[Lord Adonis]

My noble friend makes very good points, which will be a subject for discussion when we see the proposed withdrawal treaty. However, this is all the more reason why Parliament should not commit itself now to a date in advance of knowing the basis on which we are going to withdraw. The arguments for taking the date out of the Bill are compelling. It is not sufficient that only a Minister has the power to change the date. It is crucial for Parliament itself to be in charge of setting the date, once it has agreed the terms of departure.

I am always an optimist in these matters. The noble Lord, Lord Hannay, did the noble Baroness on the Front Bench a great disservice when he said that he knew in advance what she was going to say. We know that the noble Baroness is highly emollient and listens to debates in the House. She is not her noble friend Lord Callanan, who just reads from the script and is totally unresponsive to the mood of the House. We have great confidence that the noble Baroness will say that she has listened to the compelling arguments which have been put to her, particularly from her ducal colleague; that she is going to depart from the words in her script; that Her Majesty’s Government will consider this matter on the basis of the overwhelming weight of arguments which have been put in this Committee and that she will be delighted to accept the amendments on the Order Paper this afternoon.

[Viscount Hailsham]

My Lords, I will speak briefly to Amendments 344 and 346 in my name. First, however, I find overwhelming the arguments in favour of Amendment 334 which have just been articulated by the noble Lord, Lord Adonis, my noble friend and other noble Lords. It is a grave mistake to put the exact date of departure into statute. I note that the noble Lord, Lord Hannay, rightly said that that was not the Government’s original position. Amendment 346 is brought forward with a rather different motive and is broader in its purpose. Not only do I want to give Parliament the decisive say on the exit date; I want to give Back-Benchers the decisive ability to trigger that process. I simply do not trust the Front Benches on this matter. If Back-Benchers in the House of Commons want to stop a hard Brexit; if they want to stop Brexit; if they want to stay in the European Union—which is my position—I want to enable them to put down a resolution which requires a debate on precisely those terms. That is why Amendment 346 expresses, perhaps clumsily, the idea that at least 150 Back-Benchers could table a Motion requiring the holding of a debate on exit. My purpose is simply to enable Parliament to say no to Brexit if that is its wish. By giving this decision on the date to Parliament, we are strengthening the arsenal available to parliamentarians to stop this unhappy process coming to the final end of Brexit. I believe that is a national disaster and Parliament should be able to stop it. It is in that sense that I speak to the amendments in my name.