(5 years, 1 month ago)
Lords ChamberWe believe in having high standards and we believe that we should determine these matters for ourselves. I can give the Liberal Democrats some examples. On maternity entitlement, the UK standard is 39 weeks, whereas the EU standard is 14 weeks. On annual leave, the UK has 5.6 weeks, whereas the EU has four. We have higher environmental standards on greenhouse gas emissions: we were the first in the world to legislate on that. We already exceed the EU minimum requirements. We are a high-standards economy and proud of it. We should be able to determine these things for ourselves.
Will my noble friend answer a simple question? When we leave the European Union on 31 October, we leave the jurisdiction of the European Commission to apply any environmental standards, but the Government have not yet established the office for environmental protection. Which body will decide which environmental standards apply?
The environmental standards that will apply initially will be those that we have imported into UK law under the EU withdrawal Act, but we have the flexibility to change these things in future. We are committed to setting up that environmental standards body and I am sure that we will want to do that as soon as parliamentary time allows.
(5 years, 5 months ago)
Lords ChamberTo ask Her Majesty’s Government what progress they have made in discussions with the European Union about the United Kingdom’s withdrawal from the European Union.
My Lords, the UK and the EU have agreed a deal that works for the UK’s economy, security and the union. As noble Lords will be aware, the House of Commons has rejected this deal on three occasions. It is now for the next Prime Minister to seek a way forward that honours the result of the 2016 referendum.
My Lords, I am grateful to my noble friend for that reply. As he is aware, there are effectively only three months remaining in which to negotiate a variation of the deal that will get past the House of Commons. Will my noble friend take this opportunity to tell the House what discussions are taking place at the level of officials to see what leeway can be achieved regarding the political declaration? We are mindful that each of the remaining candidates is in favour of a deal, and it would be shameful if it fell through because of lack of time to negotiate.
Informal discussions are always going on. The Prime Minister is in Brussels today for the European Council, where she will be having bilateral meetings with several other European leaders.
(5 years, 8 months ago)
Lords ChamberUnsurprisingly, the Minister does think that we should proceed with this particular statutory instrument and I am sorry that the noble Lord was not able to come along to the committee where we discussed it. If it is helpful to him, I shall set out what it actually does. Perhaps many people do believe that Article 50 should be revoked. That is not the policy of my party and as far as I know it is not the policy of his party. Were that eventuality to come to pass, although I do not think that it will, of course none of these amendments will take effect because we would not then have a leaving date. They come into effect only when we leave.
For the noble Lord’s information, let me summarise briefly what the statutory instrument does. It sets out what happens to non-ambulatory cross-references after exit day and how references made to EU legislation after exit day are to be read. The SI also amends domestic interpretation legislation to ensure that it is adequately referenced and incorporates retained EU law; that is, the new body of domestic law created by the European Union (Withdrawal) Act. Finally, this SI repeals and revokes various pieces of EU-derived domestic legislation that will become redundant on exit day. The noble Lord will notice the references to “exit day” in the regulations.
My Lords, I am most grateful to my noble friend for writing to me on the concern I expressed, which was addressed in the House of Commons when MPs considered the statutory instrument, on the fact that non-ambulatory provisions had been omitted from the original European Union (Withdrawal) Act. However, his response actually missed the point that I raised with him in my letter that was expressed by the Parliamentary Under-Secretary of State, my honourable friend Christopher Heaton-Harris, in the other place. It is a very simple question: if this was omitted from the original Act, are there any other omissions of which he and his department are aware that may have to come back to the House in the short time available before 29 March?
(5 years, 8 months ago)
Grand CommitteeThe noble and learned Lord makes a valid point. It could have been clearer. I will look at it again with lawyers and officials, and we will come back to it in the House. On the Scotland interpretation legislation, some amendments were made in the EU withdrawal Act; these regulations make the consequential provision that the Minister considers appropriate in consequence of this Act. This includes further amendments to the Interpretation and Legislative Reform (Scotland) Act 2010, drafted together with the Scottish Government. But I take his point about the Explanatory Memorandum; we will have a look at it, and perhaps I can write to him and come back to it when we consider it further in the House.
My noble friend Lady McIntosh and the noble Baroness, Lady Hayter, raised the comments by my honourable friend Chris Heaton-Harris, and the question of why we do not deal with the non-ambulatory references and/or retrospective deficiencies in the devolved interpretation legislation. The principal purpose of the Act is to provide a functioning statute book. However, the Government and Parliament recognised at the time that it would not be possible to make all the necessary legislative changes in a single piece of legislation. That is why the Act conferred on Ministers temporary powers to make secondary legislation to enable corrections to be made to laws which would otherwise no longer operate appropriately once the UK has left, so that the domestic legal system would continue to function correctly outside the EU. I remember at the time we had extensive discussions about it. The noble Lord, Lord Beith, in particular was exercised about ambulatory references. There was discussion about the issue at the time.
No one is arguing that ambulatory provisions were referenced. The whole thrust of the debate this afternoon is that non-ambulatory provisions were not discussed. This was the sole purpose of the discussion in the other place and is what we would like to understand. The noble and learned Lord, Lord Hope of Craighead, has already indicated that the Explanatory Memorandum is deficient in relation to Scotland, and I would argue that it is deficient in another regard. In paragraph 2.5, it says that we are repealing, revoking and removing redundant provisions. That is not the case; the department is actually adding in an omission. Non-ambulatory provisions were simply not referred to in the debate or the original Act. That is an omission. To correct the record, it was an omission which is quite rightly being addressed. We would like to know whether it was by accident. I know my noble friend is reading a prepared speech, but we have now raised the issue this afternoon of non-ambulatory provisions. Was it by omission? Was it meant to be omitted? Between now and our leaving the European Union, can we expect any other omissions that need to be tidied up?
I am not sure that I accept my noble friend’s statement that there was an omission. However, as this is quite a technical matter, perhaps it would be better if we went away and looked at it in detail, and I will write to her about it.
My noble friend Lady Neville-Rolfe asked me about the total figures for statutory instruments so far. The laying of SIs allows Parliament to fulfil its essential scrutiny role and to go through the various steps required. We remain confident that the necessary legislation to fulfil a functioning statute book will be passed by exit day. The current totals are as follows. More than 470 EU exit SIs have been laid to date. They account for over 75% of the SIs that we anticipate will be required by exit day, and over 260 of them have now gone through the various processes and have been made. Good progress has been made and we remain confident that the required SIs will be laid in time for exit day. I think that I have dealt with all the queries that were raised.
(5 years, 9 months ago)
Lords ChamberTo ask Her Majesty’s Government what plans they have to pause the Article 50 process.
My Lords, our position remains clear. We will respect the outcome of the referendum and will not revoke the Article 50 notice. We are committed to delivering on the instruction given to us by the people. As the Prime Minister has said, we will be leaving the European Union on 29 March.
I thank my noble friend for the Answer. Both he and I have been Members of the European Parliament, and I understand that the elections to it this year are used as an argument not to delay, as it would be inappropriate to field candidates. In the circumstances of there being an application to pause the Article 50 process, not least to enable us to pass the legislation required before 29 March, would he make the case to the Cabinet that we should apply for observer status for a number of Members of the European Parliament for the interim?
I thank the noble Baroness for her question, but I am afraid that I do not recognise the word “pause”. Pausing Article 50 is not an option. The UK could either revoke Article 50 or request an extension, but I am afraid that there is no remote control in DExEU with a pause button on it.
(5 years, 10 months ago)
Lords ChamberTo ask Her Majesty’s Government what is their proposed timetable for the passage of all remaining (1) primary, and (2) secondary legislation required for Brexit by 29 March 2019.
My Lords, we have already put in place many of the legislative building blocks to deliver our exit from the EU. Five exit-related Bills have been passed and six more are now making their way through Parliament. We are also making good progress on the secondary legislation needed to ensure that we have a functioning statute book on exit day.
I welcome my noble friend back from his holidays, albeit for a particularly difficult and busy period for his department. Can he give the House an assurance today that the six remaining Bills before this House and the best part of 1,000 statutory instruments to prepare for Brexit will be given full and proper scrutiny in this House? Further, does he yet have a date for when directives such as the European falsified medicines directive will be scrutinised in this Chamber?
I can certainly give the noble Baroness an assurance that we will allow for proper scrutiny. Perhaps I may correct her statement on the number of SIs. As we wrote to the sifting committees just before Christmas, we now estimate that the number of SIs we will need by exit day is slightly fewer than 600, of which we have already tabled more than 300.
(6 years ago)
Lords ChamberWell, we are taking a collaborative approach on this. We have provided as much information as we are able. We cannot provide details of something that has not yet been agreed. As we discussed earlier, sections have been agreed and the “green text”, in the jargon, has been published and made available. There was extensive discussion around that. Ministers have appeared extensively at this Dispatch Box, in the other place and in front of Select Committees. The Secretary of State has appeared once in front of the committee of the noble Lord, Lord Boswell, and has committed to do so again when we have a deal. That is the same treatment that committees in the other place are receiving.
My Lords, would my noble friend set out what timetable he has agreed with the usual channels to discuss the 1,000 statutory instruments and the six primary Bills that have to be agreed by 29 March?
(6 years ago)
Lords ChamberWe are able to multitask as a Government and we are doing both. We are concentrating all our efforts on getting a good deal but we are also mindful that it may not be possible to get a deal and therefore we are stepping up our preparations for no deal. Actually, the EU is doing the same. I really do not understand the position of the Opposition that we should do nothing at all to prepare for something that has a possibility of happening.
My Lords, is my noble friend able to tell the House whether we have sufficient parliamentary time to scrutinise the primary legislation and the up to 1,000 Brexit-related instruments that the House has to consider and pay proper scrutiny to before 29 March?
Of course, we will not know how much time we have until we actually get a deal but I am sure the Leader and the Chief Whip are paying close attention to the words of my noble friend.
(6 years, 4 months ago)
Lords ChamberThere are a number of questions there and I will try to answer them as quickly as possible. I agree that the shorter the transition period, the better. We will not take up the noble Lord’s option of delaying leaving. As I am tired of repeating, we are leaving on 29 March 2019. To delay leaving presents the fundamental problem that the EU is legally prohibited from agreeing a future trade deal as long as we are still a member state, so that would just delay the period when we could formally have negotiations and legally agree a trade deal. I certainly agree that the shorter the period, the better.
With regard to the regions and finance, the noble Lord will be aware that the Treasury is currently considering a shared prosperity fund to replace some elements of EU regional finance. With regard to future regional devolution, I fear that those are not matters for me. He will have to ask colleagues in government about that. With regard to EU citizens, the settled status fee is fixed at £65. I am not aware of what charges the Home Office is likely to impose for any other form of citizenship, but I am sure we can find out and write to him.
My Lords, I thank my noble friend for the White Paper. Perhaps I may clarify two points with him. In preparing for yesterday’s debate on the other White Paper, I had the distinct impression from the food industry, which is quite dependent on third-country citizens, particularly current EU citizens, that it is not entirely clear that its long-term status has been secured. Can my noble friend redouble his efforts to ensure that all sectors, whether food, care or health, are made aware of the arrangements?
I declare my interest, in that I practised EU law in Brussels for a while. What will be the certification procedure for those who wish to convert their EU qualifications into UK qualifications post Brexit? Paragraph 40 of the White Paper refers to the,
“Mutual Recognition of Qualifications Directive”,
and states that the,
“arrangements will be provided for, as necessary, in separate legislation”.
Will my noble friend explain what the timetable for that legislation will be? Will the certification be clear before we leave the European Union on 29 March?
I do not think that I understood all of the questions. The same provisions of settled status apply to workers in the food sector as in every other sector. We are trying to communicate the offer to EU citizens as much as we possibly can after a number of events, in collaboration with various EU embassies, to provide information to their citizens on the processes and procedures for applying, along with DExEU and Home Office staff. We will be doing more of those events.
With regard to lawyers, I do not know whether this answers her question but the existing professional qualifications were recognised as part of the withdrawal agreement for existing citizens. The future recognition of qualifications, after the end of the implementation period, is a matter for negotiation. It is in the White Paper. It is something that we want to agree and we think it mutually desirable, but it has not yet been agreed.
In connection with the mutual recognition of professional qualifications, I would like to know whether the legislation will come before this House and the other place before 29 March. It is a perfectly innocent question. The document states that in,
“the Government’s recent White Paper on the future relationship, the UK has proposed that, after the implementation period, there should be a system for the mutual recognition of … qualifications”,
but legislation will be needed. I simply want to know the timetable for that legislation.
We have still to agree a system of recognition of professional qualifications for after the implementation period. That is in last week’s White Paper. Maybe I should write to my noble friend on the exact detail of that.
(6 years, 5 months ago)
Lords ChamberWe are not doing any contingency planning on it because we are not going to apply for an extension. An extension is not going to be granted because, as I have said on at least three different occasions today, we are leaving on 30 March 2019.
Does my noble friend agree, pursuant to the question of the noble Baroness, Lady Hayter, that there would be some merit in allocating observer status to existing Members of the European Parliament, or a number of them, for the very good reasons that my noble friend gave in his question? We should have some democratic representation in the European Parliament at that stage.
Whether that would be a good idea or not, it would have to be agreed with the European Parliament and as we will no longer be a member state, I cannot see that Parliament being happy about the prospect of a non-member state sending representatives to it.
(6 years, 7 months ago)
Lords ChamberMy Lords, we have agreed a time-limited implementation period where businesses in the UK and the EU will continue to access each other’s markets on current terms and will ensure that they have to make only one set of changes. That is what business has been asking for, and that is exactly what it is getting. We are working at pace to ensure that all the necessary arrangements are in place for 31 December 2020.
My Lords, my question actually related to the end of the transition period, which has been brought forward by three months. Will my noble friend commit the Government to keeping under constant review the state of preparedness of government departments and agencies, such as the Food Standards Agency and others, to ensure that all regulations will be in place? Assuming that the Government do not wish to be part of a customs arrangement with the EU, what will happen on the vexed question of rules of origin for industries such as the food industry, the car industry and other manufacturing industries that rely so much on imported goods?
I thank my noble friend for her question, but of course we want to be part of a customs arrangement with the EU. That is one of the matters that we will need to discuss with it. I can agree with her that the department keeps all the necessary arrangements under constant review, and we will do so throughout the implementation period to make sure that everything is in place for the end of that period on 31 December 2020.
(6 years, 8 months ago)
Lords ChamberI am sorry that the noble Lord is outraged, but I am not going to stand here and try to instruct the House of Commons on what to do. It is quite capable of taking its own decisions. Many Members of this House have been Members of the House of Commons. I have not, but I am sure that if they want a vote on any subject they like they are quite capable of deciding the matter themselves.
Our focus now should be on making a success of Brexit, working to get the best deal possible, providing certainty and taking decisions on what kind of country the UK will be in the future. That is the clear instruction given to this Government in both the referendum and the general election. We believe that it is our duty to deliver upon it. A second referendum would pose a—
I have not heard my noble friend respond to Amendment 357, tabled by the noble Lord, Lord Foulkes of Cumnock. If Spain retains a veto over any of the arrangements with Gibraltar, will the Government bring forward an amendment to the Bill on Report for this House to consider?
I suspect that we will still be in the process of negotiations at that stage. We have been clear that we are consulting closely with the Government of Gibraltar. Gibraltar is leaving the European Union at the same time as the UK is. We are negotiating for the UK and for Gibraltar, in close consultation with its Government. We recently had a ministerial meeting with them, chaired by my honourable friend Robin Walker, and we are keeping them closely informed about the process of the negotiation.
A second referendum would pose a serious risk of undermining our ongoing negotiating position. Worse still, it would prolong the period of uncertainty for businesses and citizens in the UK and EU. These are the unacceptable costs of what my noble friend referred to as a neverendum. In those circumstances, I urge the noble Lords to withdraw or to not move their amendments.
(6 years, 8 months ago)
Lords ChamberWe have never used the term “a meaningful vote”. We recognise clearly the desirability of maximising as much as possible the time between negotiations concluding and a deal coming into force. Knowing the terms of a deal as early as possible is good for business and the public in being able to prepare.
Pursuant to the earlier question, perhaps I have completely misunderstood what the Prime Minister said, but my understanding was that she promised a meaningful vote. Therefore, it would help if the Minister in summing up the debate we have just had would say what “a meaningful vote” means.
I have said on a number of occasions that we will put the outcome of the negotiations to a vote in this House and in the other place and of course we will respect the outcome of that vote.
(6 years, 8 months ago)
Lords ChamberNo. As I have made clear throughout the Bill, our minds are not closed on many of these matters. I think I gave the noble Baroness an example. It is a difficult distinction to draw about what is making policy or what is a policy choice. As I said, the choice between two regulators can be said to be a policy choice, but it is certainly not our intention to use any of the power in the Bill to massively expand on different levels of policy. It is our intention to impose a snapshot on exit day and ensure that the law is compliant and tidy, as we have said.
My Lords, I am most grateful to the Minister and to all who have contributed to this little group. While I am grateful to my noble friend for his reply, I am not sure that he addressed the question of timings, and I am slightly concerned about the scope for judicial reviews. I end with the comment that the wording I seek to delete refers to the earlier Amendment 18, on which we had a lengthier debate, and to which I will return on Report. However, I beg leave to withdraw the amendment.
(6 years, 9 months ago)
Lords ChamberI responded to the noble Lord’s question about the legal advice and to the other points that have been raised. I will respond further in my forthcoming remarks.
My noble friend has been most gracious in replying to one part of my question, but not the other part about the status of regulations. He has now accepted that we will remain in the EEA for the duration of the implementation period. The precise content of my amendment relates to regulations passed and decisions agreed by the EEA before the end of the implementation period. What will the status of those regulations be?
I understand that the regulations of the EEA will continue during the implementation period. For the period after the implementation period we will seek to negotiate an ongoing relationship with the other three member states of the EEA. Our aim is to ensure continuity with international partners and the EU during the implementation phase and certainty for businesses and individuals. This approach will mean that we seek the continued application of the EEA agreement for the time-limited implementation period to ensure continuity in crucial elements of our trading and non-trading relationship with those three EEA states. Participation in the EEA agreement beyond the implementation period would not work for the UK. It would not deliver on the British people’s desire to have more direct control over decisions that affect their daily lives and it would mean accepting free movement of people. As I have said to my noble friend, once the implementation period ends we will no longer participate in the EEA agreement. We will instead seek to put in place new arrangements to maintain our relationships with those three countries: Norway, Iceland and Liechtenstein. I hope I have made the Government’s position clear, and I hope as a result the noble Lord, Lord Wigley, will feel able to withdraw the amendment.
(6 years, 9 months ago)
Lords ChamberYes. The Question was, “What are their objectives for the Brexit transition period?”. I answered what our objectives for the Brexit transition period were. The noble Lord then asked me about the wider renegotiation objectives, and I answered that—but of course the policy remains as set out by the Prime Minister.
If we are leaving the single market and the customs union, as we have been consistently told by the Prime Minister that we are, at 11 pm on 29 March, how can we carry on trading on the same conditions as we currently do?
We are leaving the single market and the customs union on 29 March last year—I mean next year; I will have to do better in my speech later. That remains the position, but we have said that if we can negotiate an implementation period, then in the withdrawal agreement which will be put before your Lordships later this year, we will replicate the provisions of our current membership. So we will be out of it but we will replicate the provisions in an identical way for a strictly time-limited implementation period.
(6 years, 9 months ago)
Lords ChamberOf course we can give a pledge to the people of Gibraltar on their sovereignty—we have done that many times—but I do not think that using the words “hostile state” is helpful in the circumstances. The discussions have been positive and cordial. We are engaging with the Government of Spain and trying to resolve the issues. The noble Baroness is right to point to the land border, but it is now a Schengen border. Many residents of Spain—something like 7,000 a day—cross that border to work in Gibraltar, so there is a desire on both sides to make the arrangements work as smoothly as possible.
My Lords, as we have both served in the European Parliament, does my noble friend agree that Gibraltar has had good representation through a nominated Member of the European Parliament? That representation will presumably cease at the European elections next year. What discussions will there be and what mechanism will be in place to ensure that, at a crucial time for Gibraltar’s future, she will have representation in the European Parliament?
I think matters have moved on a bit since my noble friend was in the European Parliament. It is actually attached to a UK geographical area—the south-west region—and so it has a whole region of MEPs to represent its interests in the European Parliament. We will take Gibraltar’s interests fully into account. We consult Gibraltar regularly and will make sure that its interests are well represented.
(6 years, 12 months ago)
Lords ChamberMy Lords, as the House will be aware from media reports, this is a very fast-moving and dynamic negotiation environment. Some people might observe that the negotiations are sometimes not moving as fast as we might like. Nevertheless, things are changing all the time. New information is coming to light; papers are shared and discussions take place with our European partners. It is a complex and varied negotiation and we will be as open and transparent as possible. We will share all the information we possibly can, subject only to preserving our negotiating position. I cannot believe that most Members of the House would think anything else wise to do.
My Lords, does the Minister accept that in the normal course of events, notwithstanding his replies to date, when legislation is published in Parliament there is an impact assessment released for the benefit of parliamentarians? Will he confirm that when, for example, the agriculture and environment Bills come before this place it is the Government’s intention to publish the usual impact assessments at that time?
I am not privy to the details of those Bills, which are being done by different departments, but I would expect that they will publish impact assessments at the time.
(7 years, 4 months ago)
Lords ChamberI can see that that position has widespread support. First, I thank the noble Lord for his interest and considerable advocacy on this subject. We also pay tribute to the work of the Skipton-East Lancashire Rail Action Partnership—that well-known group—in raising the profile on the case for reopening this line. Local partners share a desire to improve connectivity across the Pennines. Their recent connectivity report suggested that there may be economic benefits in doing so, and they will be actively involved in the Transport for the North corridor study to consider potential solutions. Through growth deals, we have provided the north of England with almost £3.5 billion of local growth funding, which is supporting local authorities and LEPs to deliver more than 150 local transport schemes.
My Lords, my noble friend will be aware of the North York Moors railway line, of which I have the privilege to be honorary president. The fact that the line was able to access the national rail line to Whitby has opened up tourism, and the number of people visiting the railway has risen phenomenally. Will my noble friend share this with his ministerial colleagues to look favourably on Heritage Lottery Fund grant applications for such lines in the future?
I am sure there is considerable benefit to the North Yorkshire communities in the reopening and additional service provision on these lines, and I am happy to support my noble friend’s assertion.