(5 years, 1 month ago)
Lords ChamberIt is always important that we in this House scrutinise these matters carefully, and that the House of Commons does so as well. However, I have to say to the noble Lord that I remember sitting here when Members were solemnly telling us how vital it was to rush through all the various stages of the Benn Bill. I recall thinking, “I’ll remind them of this when it comes to future legislation”.
My Lords, will my noble friend clarify that the withdrawal agreement Bill will take out the provisions of the Constitutional Reform and Governance Act and override them?
I cannot say that that would be definite but it is important that we abide by the provisions of the Constitutional Reform and Governance Act. Of course, the House passing a statute provides the appropriate coverage for doing that.
(5 years, 1 month ago)
Lords ChamberThis is an area that we shall have to look at if there is a fiscal event organised by the Chancellor later this year. The economy, however, is in great shape: we have unemployment levels that the Labour Party would have been proud of if it had been in office, the lowest unemployment for 40 years and the strongest level of growth over the past few years—even since the referendum result that Labour was always telling us would be such a disaster. Many European countries would give their hind teeth for the UK’s economic performance and unemployment levels.
My Lords, while I welcome the nature of this report, and, like my noble friend Lord Forsyth, its comprehensive approach to these matters, I have a question about the reference on page 142 to the powers of the Northern Ireland Civil Service. My understanding is that the Northern Ireland Civil Service does not have all the powers required in the event of no deal. Will he confirm whether that is so, what the consequences are, and when the Government intend to address the situation?
We have been liaising extensively with the Northern Ireland Civil Service, and indeed—the noble Lord, Lord Wigley, will be pleased to know—with the Welsh Government and the Scottish Government. If we have any announcements to make on that, we will make them in due course.
(5 years, 5 months ago)
Lords ChamberThe noble and gallant Lord raises a good point. We have met with the representative groups; most Ministers, myself included, try to schedule meetings with citizens’ groups when we go to EU member states, and our national embassies are of course in constant contact with the representatives of those citizens.
My Lords, I am broadening the subject out somewhat: here we are with several months to go before we may leave the EU without a deal; it strikes me as quite extraordinary that this House is having to ask such basic questions about this topic. There is also a range of other issues about the preparedness of the Government and business for no deal to which we do not have clear and simple answers. Is it not high time the Government published a full and comprehensive analysis of this country’s preparedness for no deal, so that we can have this debate while in full possession of the facts?
I agree with my noble friend. We have published a whole series of technical notices—over 100—about how businesses can prepare for no deal. Government preparations are continuing and, as I have said many times at this Dispatch Box, although no deal is not something that we want or desire, we recognise that it is a possible outcome.
(5 years, 8 months ago)
Lords ChamberIf there is an extension, we would still be in the EU, but if we did not change our domestic law, which states that the European Communities Act comes to an end, and the legal snapshot would take place, we would clearly be in contravention of our legal obligations for being in the EU.
My Lords, given that the EU has said that it will not grant a short extension unless the deal is passed, and given that the Prime Minister has said that she is opposed to a long extension, is it therefore the case that if Parliament rejects the deal next week, the Government believe we should leave without a deal?
I think we will have to wait to see what happens next week. It remains our view that Parliament should pass the deal because we think it is the best deal available, but we will await the outcome of the Council this weekend before commenting further.
(5 years, 8 months ago)
Lords ChamberWe will then have the choice of either passing the meaningful vote or we will leave by the normal operation of the law that this House has voted for.
My Lords, what purpose will the British Government tell the European Union that a long extension would fulfil? What is the precise purpose that the Prime Minister will say she needs this period for?
This will be something the Prime Minister will want to address in her discussions with the European Council. The reason we are requesting this is the request by the House of Commons in the vote it had last week.
(5 years, 10 months ago)
Lords ChamberI thank the noble Lord for his comments but it is not a question of taking a softer or harder tone. I was merely quoting what the law passed by this Parliament, and the Article 50 process, says: that we will leave on 29 March. If that were to change, it would need to change by statute.
(5 years, 11 months ago)
Lords ChamberI do not think the noble Earl would be happy to be called a Tory by the noble Baroness. This policy will not make the country poorer. On every scenario, this country will continue to grow. A range of possible growth predictions is modelled in this analysis, but of course many other factors can influence economic growth, and this is likely to be a relatively small contributor to the overall economic growth. Of course, what would be truly disastrous would be a Labour Government, who would affect the economic growth of this country. We are proud of our economic record; we have delivered record low levels of unemployment for 40 years, the Government can be proud of their economic record, which will continue.
I will agree with my noble friend briefly and then perhaps we can hear from the noble Lord, Lord Bridges.
As we have heard, a number of my noble friends have been asking whether Article 50 might be revoked and making the case for this. Yesterday, the European Council’s top lawyer argued that Article 50 cannot be unilaterally revoked but would require the unanimous support of all EU member states. Do the British Government agree with the EU on this point?
I knew I would regret asking the noble Lord to come in on this one. He will be well aware that as the Minister responsible for this matter, I am unable to comment on the ongoing judicial process beyond saying that the UK will not revoke its Article 50 notice.
(6 years ago)
Lords ChamberOf course we will make sure that the committee of the noble Lord, Lord Boswell, is fully briefed, as we will ensure that all Members of both Houses are fully briefed. When we have a deal, the Secretary of State will appear in front of the noble Lord’s committee, we will publish all the details of the deal and the appropriate economic analysis, and sufficient time will be made for debate in both this House and the other House before the meaningful vote.
My Lords, given the commitment by the Government to observe the Constitutional Reform and Governance Act and the process it follows—which, I believe, says that there should be 21 sitting days for Parliament to scrutinise the withdrawal agreement, as well as, obviously, the Motion that will need to be passed—what is the final date that the Government have pencilled in as the day by which Parliament must receive the withdrawal agreement if we are to leave, with it being ratified properly, by 29 March?
We have not pencilled in a final date. However, we are well aware—and have made the EU negotiators well aware—of all of the procedures that will need properly to be followed. The withdrawal agreement will be an international treaty but in the withdrawal Act, passed by both Houses, we are committed to the meaningful vote. We cannot ratify that Act without the appropriate say-so of Parliament in the meaningful vote and without the appropriate legislation being passed—and that will require proper scrutiny. The usual channels listen closely and are well aware of the timescales and constraints under which we are operating.
(6 years ago)
Lords ChamberNo, our negotiating position remains exactly as set out in the White Paper.
My Lords, back in June the Prime Minister assured us that the transition period in the withdrawal agreement would be time-limited, saying that it would give,
“everyone the certainty that this will not go on for ever”.
Last Monday, however, the Prime Minister told Parliament that we need,
“to create an option to extend the implementation period”.—[Official Report, Commons, 22/10/18; col. 47.]
Given that the Prime Minister wants to bring certainty to the situation, how does the option to extend the transition do that?
As the noble Lord will be aware, the extent and length of the implementation period was agreed. It was green text in the withdrawal agreement. I understand that the possibility of extending it has been raised in the discussions in Brussels but no agreement has been made and discussions on such matters are continuing.
(6 years, 1 month ago)
Lords ChamberNo I do not agree with the noble Baroness. It is an implementation period. We expect to agree the withdrawal agreement and the future economic partnership in the next few weeks—in the autumn—and the implementation period will be about implementing that deal.
My Lords, on Monday the Prime Minister’s official spokesman said that the Government would seek precision in the future framework—that is, the terms of the relationship between the UK and the EU post 2020. Will my noble friend therefore confirm that the Prime Minister will sign an agreement only if it sets out precisely and clearly the exact terms of trade in goods and services that will exist between the UK and the EU post 2020?
(6 years, 4 months ago)
Lords ChamberThis is concerned with the border between the United Kingdom and the rest of the EU, whether at Dover/Calais or the Northern Ireland/Ireland border. That is principally what we seek to address with these proposals.
My Lords, I congratulate my noble friend and his colleagues on the White Paper. I entirely agree with the thrust of it, the balance of it and, at long last, that we have grasped the need for compromise and being honest about the challenges that we face. In that spirit, therefore, I urge him and his colleagues to be honest and transparent about the consequences of the compromises contained in the White Paper, specifically about the role of the ECJ. Yesterday afternoon, I received an email from one of our colleagues in the Conservative Party, Mr Brandon Lewis, who said that the plan and proposals at Chequers meant that we would control our laws. It is apparent, when you read paragraph 42 on page 93, that the CJEU—the European Court of Justice—will continue to have a role in the interpretation of the laws and regulations of this country. I urge my noble friend to be honest about that, so that we can go forward together as a country, united and clear about our direction.
I thank my noble friend for his comments. These judicial areas are complicated, so perhaps I should briefly set out our position for the House. Where we have a common rule book and there is a dispute between the UK and the EU, the Joint Committee, by mutual consent, or an independent arbitration panel will be able to ask the CJEU to give a binding interpretation of a common rule. If we are allowed to participate in EU agencies, the Prime Minister has already said that we will accept the remit of the ECJ in the application of the rules of those agencies, but that is far from the overreaching impact that the ECJ has at the moment.
(6 years, 8 months ago)
Lords ChamberWe are pursuing many of these multilateral agreements in a whole range of areas, including trade agreements, and we are confident that we have enough time to complete those negotiations.
Perhaps my noble friend could clarify a point from the Statement yesterday. In the Statement, the Prime Minister said that,
“we remain committed to the agreement we reached in December in its entirety”.
A little later, she said, on the Northern Ireland border:
“I have explained that the specific European Commission proposals for that backstop were unacceptable”.—[Official Report, Commons, 26/3/18; col. 524.]
Which is it: do we accept the agreement in its entirety or do we not?
I thank my noble friend for his question. The Government are committed to the avoidance of a hard border, including any physical infrastructure or related checks and controls. The UK’s intention is to achieve these objectives through the overall EU-UK relationship. Should this not be possible, the UK would propose specific solutions to address the unique circumstances of the island of Ireland.
(6 years, 9 months ago)
Lords ChamberThe two main differences, and the reason that we need to construct an implementation period are, first, the ability for us to sign and agree trade deals with third countries, and, secondly, to agree and sign a trade deal with the EU, which is legally impossible as long as we are a member.
My Lords, I hate to say it but my noble friend continues to refer to this period as an “implementation period”. For there to be an implementation period there needs to be a treaty to implement. Under my reading of Article 50, it is impossible for us to negotiate a treaty during the process of Article 50. We can conclude that only after March 2019. Does my noble friend agree that that is the case and that we should stop using the phrase “implementation period”? It is a transition during which we will negotiate the final treaty.
I thank my noble friend for his helpful question. As he well knows, Article 50 makes it clear that the withdrawal agreement needs to take account of the future relationship so that we will know the terms of our new partnership with the EU by the time of our exit. This is the basis on which we have to work.
(7 years ago)
Lords ChamberThe noble Lord makes a very good point from the benefit of his experience. These are matters that will be determined during the ongoing negotiation.
My Lords, I very much welcome the Statement. Will my noble friend clarify one small point on one word, “implementation”? My understanding is that we will not be able to negotiate the new relationship with the EU under Article 50. Therefore, when it comes to implementing measures via the Bill, those measures would refer solely to the transition.
We cannot conclude the final trade deal until we have left the EU, but we are very clear that we want to get the heads of agreement and its terms sorted before we leave.