Wednesday 16th October 2019

(4 years, 6 months ago)

Lords Chamber
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Lord Callanan Portrait The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)
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My Lords, it is a great privilege to be closing this debate following Her Majesty’s gracious Speech, which set out the programme of legislation put forward by this Government. I welcome the noble Lord, Lord Collins, who is restored to full health and with a new beard. He is back enjoying his place on the Front Bench again and we are pleased to see him. He has lost none of his customary wit and influence on the legislation.

The Speech sets out a legislative agenda that seeks to protect our people, promote our prosperity and project our influence on the world stage. I am particularly grateful to noble Lords for their considered and thoughtful contributions made over the course of two days of debate. I will do my utmost to respond to as many points as possible, but I apologise in advance if I do not have time to get through everybody’s contributions.

I will commence, as so many others did, with Brexit and my own department—as expected, it was covered by many noble Lords, including the noble Lords, Lord Desai, Lord Wrigglesworth and Lord Wigley, my noble friends Lord Ridley and Lord Flight, and my noble and learned friend Lord Mackay. The Government’s priority has always been, and remains, to secure the United Kingdom’s departure from the European Union on 31 October, with or without a deal, and without any further pointless delay. Brexit provides us with a range of new opportunities, including the ability to take back control of our money, borders and laws, including on agriculture and fishing, as well as to set out our own independent trade policy for the first time in nearly half a century. I will say more on that later. To seize those opportunities—and here I agree, as I so often do, with the noble Lord, Lord Grocott, and his excellent speech—we must get Brexit done. My noble friend Lord Jopling did not sound so convinced, but it remains the Government’s focus to get a deal this week at the European Council and to leave on 31 October in an orderly and friendly way.

The Government have had fruitful and constructive discussions with the European Commission over the last few days. I have been here in the House but I am told that, as I speak, the technical talks are continuing with the Prime Minister’s Brexit Sherpa, David Frost, and the UK negotiating team. Their talks last night were constructive and the teams worked late into the night. They met again this morning and are continuing discussions today. I agree that, as the right reverend Prelate the Bishop of Coventry reminded us, it is important that throughout this process we must work constructively together and seek to nurture our relationships, both in Europe and further afield.

I will address the points made on EU meetings by the noble Lord, Lord Hannay, and the noble Earls, Lord Kinnoull and Lord Sandwich. As I informed the House last week, it is now the policy of the Government that UK officials and Ministers will attend EU meetings only where the UK has a significant national interest in the outcome of discussions. This will enable officials to better focus their talents on our immediate national priorities—our top priority being work on preparations for Brexit. This decision is not intended in any way to frustrate the functioning of the EU. The UK’s vote is delegated in a way that does not obstruct the ongoing business of the remaining 27 EU members. I look forward to meeting the noble Earl, Lord Kinnoull—I think we have a date in the diary for next week—and no doubt he will want to discuss the matter further.

The noble Baroness, Lady Quin, asked about the implementation period. We are still awaiting the final agreement but I remind her that the existing withdrawal agreement sets December 2020 as the end of the implementation period, and for good reason: it is the end of the EU’s existing multiannual financial framework. There is an option in there to extend. I am not aware that that will change, but let us wait and see what the final agreement says.

Lord Kerr of Kinlochard Portrait Lord Kerr of Kinlochard
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Putting together the last two points that the noble Lord has made, if we do leave and there is an implementation period that lasts until the end of next year, does it really make sense that we will be applying in this country laws which are written in rooms in Brussels in which there is no Briton present? How do these two points fit together? If there was nothing happening in that room that could be relevant to us, I can see an argument for us not being there. But if until the end of next year we will be applying rules and regulations written in the European Union, surely we ought to go on having a say in how they are written.

Lord Callanan Portrait Lord Callanan
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My response to the noble Lord is that we are. He will know of the slow decision-making process of the European Union. Most of the new directives and regulations that would be implemented during the implementation period are already being discussed, or indeed have been decided, so we are taking part in discussions on those matters.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire (LD)
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My Lords, we have not discussed the future political declaration in much detail. There is a very large agenda to be negotiated once, as the Minister said, we have got Brexit done. Do the Government have an estimate of how long that will take? Are they confident that they really can negotiate and agree all those matters and get the treaty through during the implementation period, or are we talking about another two or three years before this is completed?

Lord Callanan Portrait Lord Callanan
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It remains our belief that we can get it concluded during the implementation period. We believe that the discussions on all the different areas can proceed in parallel, but of course we are awaiting the implementation of the new European Commission, which has now been delayed. We will wait to see how it wants to structure the negotiations from its point of view but of course, we are getting ahead of ourselves. We do not yet have a deal or an implementation period, but certainly from our point of view preparations in my department are well advanced for the co-ordination and construction of those negotiations.

A number of noble Lords—the noble Baroness, Lady Quin, the noble Lords, Lord Ricketts and Lord Anderson, and the noble Baroness, Lady Crawley, who will always remain in the sun as far as I am concerned—raised what is probably this House’s favourite subject: the second people’s vote. I see that it has now morphed into a confirmatory referendum or confirmatory vote. No doubt the focus group testing of “second people’s vote” did not work too well. As the noble Lord, Lord Grocott, brilliantly pointed out, it is somewhat Orwellian to hold a people’s vote specifically to reverse the original vote of the people. If that does not work, we will no doubt get another name for it from the campaigners next week. However, I shall go no further on that subject other than to say that this Government will not support another referendum, whatever they call it.

On the subject of no deal, as I said—

Lord Hannay of Chiswick Portrait Lord Hannay of Chiswick
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The noble Lord speaks extraordinarily dismissively of having two referendums. Is that not a little insulting to the Government of Ireland and the Government of Denmark, who have done precisely that in various years? Might he not be a little more polite about that?

Lord Callanan Portrait Lord Callanan
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What Denmark and other countries do is of course a matter for them. It seems to be a habit in the EU that, if referendums do not produce the results that the proponents wish, people need to vote again until they give the right answer.

Lord Anderson of Swansea Portrait Lord Anderson of Swansea (Lab)
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Does the noble Lord at least accept the possibility that the people have changed their mind after a snapshot vote?

Lord Callanan Portrait Lord Callanan
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I listened carefully to the noble Lord make that argument during his contribution, in which—he will correct me if I am wrong—he effectively said, “Well, every five years we might have a general election. It’s been only three years since the referendum. Therefore, people might have an opportunity to change their mind”. The problem with that argument is that, when we have a general election, a new Government are installed and by the following general election people have the opportunity to see how they have performed. We have not yet implemented the results of the original referendum, so he might want to come back to the subject when we have left the European Union and people have seen how successful this country can be outside the EU.

Although our focus remains on securing a deal, the Government are ready to leave without a deal, if necessary, on 31 October. Last week we published a Brexit—

Lord Cormack Portrait Lord Cormack (Con)
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Can my noble friend explain how the Government reconcile that with the law of the land as it is at the moment? He has repeatedly told me that the Government will obey the law. There is a law that says that that should not, and cannot, happen. How does he answer that point?

Lord Callanan Portrait Lord Callanan
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Actually, the law does not say that that cannot happen. At the risk of returning to a subject that we have covered extensively, a decision on whether we leave on 31 October is now not a matter for UK law; it is a subject of European law. That is one of the great ironies of this process. However, I repeat what I have said to the noble Lord on many occasions: we will of course abide by the law. If he wants to look at the record, he will see that my right honourable friend the Brexit Secretary, appearing in front of the Brexit Select Committee this morning, said something very similar.

While our focus remains on securing a deal, we are still ready to leave without one on 31 October. Last week, we published the Brexit readiness report, which sets out the preparations that the Government have undertaken to ensure that the UK is prepared for 31 October. As I set out on that occasion, when repeating the Statement made by the Chancellor of the Duchy of Lancaster in the other place, the report includes the steps that businesses and citizens should take, including to bring about the smooth flow of goods.

We have announced spending of more than £8.3 billion for Brexit planning. We have signed or secured continuity trade agreements with non-EU countries, as well as continuity agreements across many key sectors including aviation and civil nuclear power. We have launched a public information campaign—Get Ready for Brexit—to advise everyone of the clear actions that they should take to prepare for leaving with no deal. Of course, as always, we have given particular focus to citizens’ rights, which was raised by a number of noble Lords including the noble Baroness, Lady Miller, and the noble Lord, Lord Randall. Our message to EU citizens in the UK is clear, and I will repeat it: you are our family, our friends, our colleagues; we value your contributions to this country and we want you to stay. We are now working to gain reciprocal assurances from other European countries towards UK nationals living in their countries.

I highlight to the noble Baroness, Lady Miller, that the UK pushed hard in the negotiations for UK nationals living in the EU and for EU citizens in the UK to retain or have the right to stand and vote in local elections. However, the EU did not want to include these rights in the withdrawal agreement, so we are to forced to pursue—and are actively pursuing—bilateral arrangements with individual member states. We have written to every other member state seeking such an agreement. I am pleased that we have so far reached such agreements with Spain, Portugal and Luxembourg. We are in discussions with a number of others.

The noble Baroness, Lady Finlay, asked about support and funding in devolved Administrations. The Government have provided them with over £300 million since 2017 to prepare for Brexit. We continue to involve them in ongoing discussions on funding, including under the provisions of Project Kingfisher. Last week, I was in Edinburgh with my right honourable friend the Chancellor of the Duchy of Lancaster for discussions with the Scottish and Welsh Governments and the Northern Ireland Civil Service. These covered ongoing negotiations and no-deal planning, in which the devolved Administrations are extensively involved.

I move on to trade. For the first time in nearly 50 years, the UK will have an independent trade policy. We will be able to set our own tariffs, take our own decisions on regulatory issues and create new and ambitious trade relationships around the world. My noble friend Lord Lilley—who spoke with great experience—touched on this, and I agree with many of the points that he made.

Lord Lilley Portrait Lord Lilley
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I am grateful to my noble friend for saying that. I take this opportunity to put the record straight and apologise to the House. I said that no Commission had ever resigned en masse. Actually, one did. I said that only Madame Cresson resigned. Actually, most of them were not reappointed, but she was the only one found guilty by the European Court of Justice. I wanted to correct that because I do not like misleading the House.

Lord Callanan Portrait Lord Callanan
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I wondered about that during the debate, but it was slightly before my time as an MEP.

The noble Baroness, Lady Hayter, asked whether amendments to the Trade Bill will be retained in the new Bill. The Government welcomed the contribution of your Lordships during its debates on the Trade Bill in the last Session—it says here. No decisions have yet been taken as to the provisions to be included in the legislative package. However, I did hear the noble Baroness’s suggestion about noble Lords’ previous amendments on standards. I refer her to the Secretary of State for International Trade’s statement before the International Trade Committee today. It is the Government’s policy to maintain standards and enhance them where appropriate. We will bring forward legislation that will ensure that we can deliver certainty to business. This will include continuity—for after we leave the EU—of existing trade agreements that the UK currently participates in as a member of the EU, as well as establishing an independent Trade Remedies Authority.

Of course, this trade legislation does not deal with future free trade agreements, and the Government’s position regarding scrutiny of these agreements is outlined in the February 2019 Command Paper. We have not stood still in forging new trade relationships as we stand on the brink of a new era in our trading history, where we are finally in control of how we trade with countries around the world. We have established working groups and high-level dialogues, launched four public consultations on our future trade agreements and are using a range of other instruments, such as joint trade reviews, with a range of key trading partners including the United States, Australia, China, the Gulf Cooperation Council, India, Japan and New Zealand.

I highlight to the noble Baronesses, Lady Tonge and Lady Finlay, that we will not pursue trade to the exclusion of human rights; these can and should be complementary. The UK has a strong history of protecting human rights and promoting our values globally.

Many noble Lords used their great experience and knowledge of international affairs in their contributions on global Britain, including the noble Lords, Lord Anderson, Lord Cormack, Lord Hylton, Lord Jopling, Lord Kerr, Lord Liddle, Lord Ricketts, Lord Sterling, Lord Wallace, and the noble Baronesses, Lady Cox and Lady Tonge. As my noble friend Lord Ahmad set out in his opening speech, the Foreign and Commonwealth Office is preparing for our departure from the EU by strengthening our international relationships, reaffirming our commitment to the rules-based international system and championing our values abroad.

The Government want an ambitious free trade agreement with the EU. The details of this partnership, as the noble Lord, Lord Butler, pointed out, are a matter for negotiations after Brexit. The Government are preparing for that negotiation, as I said in response to an intervention earlier, and we will work with a wide range of partners to ensure a successful outcome for UK businesses and citizens.

We are also proceeding with strengthening our partnerships internationally. The noble Baroness, Lady Hayter, and the noble Lord, Lord Wallace, raised doubts about our special relationship with the United States. It is, of course, true that we may not always agree—current examples of that being the Iran deal and the Paris agreement. However, we continue to do more together than any other two countries. Our unparalleled intelligence sharing has undoubtedly saved many lives. Beyond Brexit, we are determined to maintain a close partnership with both the EU and the US. In our view, this is a win-win and not a zero-sum game.

Lord Campbell of Pittenweem Portrait Lord Campbell of Pittenweem
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The Minister is very generous in giving way. If the relationship with the United States is that important, why do we not yet have an ambassador?

Lord Callanan Portrait Lord Callanan
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That is a matter way above my pay grade. When I next see the Prime Minister, I will pass on the noble Lord’s comments about the importance he attaches to this subject.

As my noble friend Lord Ahmad said, we are also determined to increase our co-operation with our Commonwealth partners. Some noble Lords seemed doubtful about this, so let me reassure them that Commonwealth member states including India, which the noble Lord, Lord Wallace, in particular, mentioned, are increasingly engaged and cognisant of what we can all achieve together .

As we leave the EU, we remain absolutely committed to playing a leading role in international security and to sustaining and strengthening vital alliances. The noble Lord, Lord Campbell, who just intervened, rightly said that NATO is the most successful alliance in history. It has kept us safe for 70 years and it remains at the heart of UK defence policy. The UK is NATO’s leading European ally, our defence budget is the largest in Europe and the second largest overall. We are one of only a handful of allies that spends more than 2% on defence, and 20% of that on major equipment; it is a shame that the noble Lord, Lord West, is not here to remind us of the ship programme.

The noble Lord, Lord Ricketts, commented on the challenges facing NATO. The Government welcome the suggestion of a debate on the alliance and its future. Ahead of the leaders’ meeting in December, we will give this due consideration together with the suggestion of the noble Lord, Lord Sterling, of a debate on defence matters. We will, of course, do that in consultation with the usual channels.

We remain committed to the rule of law internationally, to the Joint Comprehensive Plan of Action as the best way to prevent a nuclear Iran, to a clear, defensive and proportionate response to Russia and—as the noble Lords, Lord Kerr and Lord Pendry, raised—to de-escalation in Hong Kong. A number of noble Lords raised this subject. The Foreign Secretary has made our concerns clear to both the Hong Kong Chief Executive, Carrie Lam, and the Chinese State Councilor and Foreign Minister, Wang Yi, and will continue to do so. He has also spoken to a wide range of counterparts on this issue. We raised the situation in Hong Kong at the G7 and the UN. The way forward must be through meaningful dialogue with all communities that addresses the concerns of the people of Hong Kong.

Lord Alton of Liverpool Portrait Lord Alton of Liverpool
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The noble Lord might recall that, in my remarks, I referred to a letter that was signed by more than 170 parliamentarians of both Houses and sent to the Foreign Secretary, suggesting an international, Commonwealth-led initiative to give an insurance policy to the citizens of Hong Kong, based on second places of residence and second citizenship. If he cannot give a response on that now, will he undertake that a proper response, signed by the Foreign Secretary, will be available to the signatories of that letter before our debate next Thursday?

Lord Callanan Portrait Lord Callanan
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I know that my noble friend Lord Ahmad has taken close note of that. I am sure that he will ensure that the matter is addressed and that an appropriate reply is received.

The noble Lords, Lord Hylton, Lord Hannay and Lord Alton, spoke of the need for a peaceful solution to the current situation in northern Syria. Along with the US and others, we have made clear our opposition to the unilateral Turkish military incursion in north-east Syria. The offensive has seriously undermined the stability and security of the region.

A number of noble Lords, including the noble Lords, Lord Collins, Lord Taverne and Lord Kerr, the noble Baroness, Lady Sheehan, and my noble friend Lord Randall mentioned climate change. We are proud of the world-leading action that the UK is taking as the first major economy to legislate to end our contribution to global warming entirely by 2050. We as a nation should be proud of that major contribution, which will be taken forward under cross-party initiatives.

Yesterday, the noble Lord, Lord Loomba, mentioned the global girls’ education campaign, Leave No Girl Behind, which promotes 12 years of quality education for all girls. The campaign aims to lead by example to get girls learning, build international political commitment and boost global investment in girls’ education. At this year’s United Nations General Assembly, the Prime Minister announced a further £515 million to get help to more than 12 million children, over half of them girls, and get them into school, where they belong.

The noble Lord, Lord Hussain, raised the issue of Kashmir. We have expressed our concern over the current situation in Indian-administered Kashmir and the importance of lifting the restrictions currently being imposed. Our view remains that all matters should be addressed bilaterally between India and Pakistan, as per the Simla Agreement.

On the subject of Indian students, raised by the noble Earl, Lord Sandwich, 2019 saw a significant rise in the number of Indian students studying in the UK. I am pleased to tell him that, according to ONS figures, the number increased by 40% from 2018 to 2019. The number of students studying in the UK has doubled over three years.

We continue to support India’s bid for a permanent seat on the UN Security Council—

Lord Hannay of Chiswick Portrait Lord Hannay of Chiswick
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My Lords, the Minister is repeating some figures that have been used again and again in this House and are completely worthless because the rise in the number of Indian students follows a drop of more than 50% in the previous years. If he does the arithmetic, he will discover that it does not mean very much.

Lord Callanan Portrait Lord Callanan
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I take the noble Lord’s point. However, we changed the visa regime and students are now being allowed to stay at the end of their study. We think that that has contributed to the rise in the number of students. We are proud of our world-class education system and hope that the number of Indian students coming will continue to increase.

The noble Lord, Lord Collins, mentioned the sustainable development goals. In June this year, the UK published its first voluntary national review of progress towards them—a comprehensive and credible report covering all 17 SDGs. It highlights some of the wide range of actions we are taking to support the delivery of the goals both domestically and internationally, with a focus on the domestic.

The noble Lord also raised the important subject of the Nutrition for Growth summit in Tokyo. We have been a global leader on nutrition since hosting the first Nutrition for Growth summit in 2013. Since 2015, the UK Department for International Development has reached 60.3 million people with nutrition services, and we currently have nutrition-related programmes operating in more than 33 countries. The UK Government are working closely with the Government of Japan to ensure that the next Nutrition for Growth summit in 2020 secures meaningful and transformational commitments from Governments, donor agencies, businesses and civil society.

I have been on my feet probably for too long. This has been a wide-ranging and thought-provoking debate, with nearly 50 speakers. We have touched on many aspects of this Government’s priorities. We have made clear our vision for a global Britain. We will be a good friend and ally to our European partners, an ambitious and outward-looking trading power and a leading voice on the world stage.

Baroness Sheehan Portrait Baroness Sheehan
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Before the Minister finishes, can he commit to the 0.7% of GNI to be spent on UK aid?

Lord Callanan Portrait Lord Callanan
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Yes, of course. That is our policy. It is a matter of legislation now. Both our parties supported the introduction of that legislation.

Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff
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I hesitate to come in so late, but I have been listening very carefully to the Minister’s reply. Can he confirm—because I do not think I heard it—that in negotiations the Government will undertake to ensure that intellectual property rights are considered; and that where any implementation of any arrangements requires implementation through the devolved nations, they will have been involved proactively in negotiations rather than being informed later on?

Lord Callanan Portrait Lord Callanan
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The noble Lord, Lord Wigley, approves of that comment. This is something that we are in consultation with the devolved Administrations about. At our meeting last week, we discussed exactly how we would structure the negotiations, the involvement of the devolved Administrations, and how we can ensure that they get the opportunity to feed into negotiating mandates and the policy that negotiators will pursue. They are cognisant of that, as indeed are we.

Ahead of this week’s European Council, I emphasise that this Government’s priority has always been to honour the result of the 2016 referendum and secure the United Kingdom’s departure from the European Union on 31 October without any further, pointless delay. I thank noble Lords for their attention, and beg to move that this debate be now adjourned.

Debate adjourned until tomorrow.