(5 years, 1 month ago)
Lords ChamberI 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.
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?
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.
(5 years, 1 month ago)
Lords ChamberMy Lords, I thank the Minister for giving way. I have now had the opportunity to look at the document entitled “Explanatory Note”. On page 6, in paragraph b, it says that:
“Physical checks—which would continue to be required only on a very small proportion of movements based on risk-assessment—could then take place at traders’ premises or other designated locations which could be located anywhere in Ireland or Northern Ireland”.
If these checks are to take place in Ireland, surely that will require the co-operation of the Irish Government.
Of course it will require the co-operation of the Irish Government. We want to discuss with them and the EU how we can address the unique situation of the circumstances in Ireland to bring about our exit from the European Union without imposing border infrastructure. That is what we want to achieve. We recognise that it is a unique and unusual circumstance. Indeed, we expect that the Irish Government will also wish to ensure that there is no infrastructure on their side either.
(5 years, 8 months ago)
Lords ChamberThat would depend on whether the EU was prepared to agree an extension in such circumstances. If so, we would need to table some secondary legislation in both Houses, on which there will be further opportunity for discussion in this House.
My Lords, absent from this Statement is any sense of contrition or responsibility that we have been brought to circumstances in which we could crash out of the European Union in a matter of days. Do the Government not accept and understand their responsibility in this matter?
Yes, the Government accept their responsibility in this matter. We negotiated what we thought was a good deal but have so far been unable to convince the House of Commons of this.
(5 years, 8 months ago)
Lords ChamberThe difficulty with my noble friend’s point—we have set out our position on the terms of negotiations very clearly—is that we have negotiated a withdrawal agreement which, in our opinion, is the best deal available and in the EU’s opinion is the only deal available. Saying that you do not like no deal is not a valid course of action. If you want to leave with a deal then you either need to vote for this deal or tell us what other deal can be negotiated, which will require support. That is what the Opposition and those who are opposed to Brexit have not done.
My Lords, in the light of last night’s events, what importance do Her Majesty’s Government now attach to the doctrine of Cabinet responsibility?
The doctrine of Cabinet responsibility is, of course, extremely important. Those Ministers who voted against the Government last night have resigned. It is personally disappointing that some other Ministers did not support the Government.
(5 years, 8 months ago)
Lords ChamberMy Lords, on the matter of Gibraltar, if we leave without a deal, what will the consequences be for the people of Gibraltar, and their close economic relationship with Spain?
Many serious consequences will flow from leaving with no deal, but we do not want to leave with no deal. If the noble Lord is so convinced of the need to leave with a deal, perhaps he could talk to his colleagues in the House of Commons and ask them to vote for the deal that is on the table.
(6 years ago)
Lords ChamberActually, he does not think it would. There is a very real chance, if there were another referendum, that we would get the same result in spades. Of course, we will never know, because we are not going to have another referendum. My point is that it would provide at least a year, possibly longer, of total political and economic chaos, were we to go down that route.
As I set out, undermining the negotiating position—as many people are trying to do—will do nothing but guarantee a bad deal for the UK, something I think we all wish to avoid.
I am most grateful; the Minister is being very generous giving way. Is he really saying that those who seek to exercise the democratic duty which they have in these matters are undermining the negotiation—in the light of the antics, if I may so put it, of the former Foreign Secretary?
(6 years, 2 months ago)
Lords ChamberThe only way of joining the EEA, if it were possible, and I have set out the difficulties, would be to join EFTA because of the EEA’s agreement between the EU and EFTA. In that case, we would not be negotiating our own individual trade deals—EFTA would be negotiating. That fails the independent trade policy test.
The Minister made a brave, if failing effort to try to ascribe responsibility for the border issue to Dublin. We have a responsibility—it is called the Good Friday agreement. We have a responsibility both morally and legally not to do anything that undermines that agreement. Do the Government accept that, both morally and legally?
Yes, of course we are fully committed to the Good Friday agreement. I did not say it was solely the responsibility of the Republic of Ireland; I merely made the point that any border has two sides. We can be responsible for the UK side, and we can guarantee no hard border on the UK side. We would hope that the Irish Government and the EU would be able to reciprocate on their side as well, and produce no hard border. These are the issues that we are negotiating to make sure that the Good Friday agreement is respected and that no hard border is reintroduced into the island of Ireland.
(6 years, 4 months ago)
Lords ChamberI am sure one or two noble Lords will have points to make about this, so I will have a bit more to say to it at the end of the debate.
Alongside these close arrangements for goods, we will negotiate a wide-ranging deal on services and digital. This would protect businesses from unjustified barriers or discrimination, cover mutual recognition of professional qualifications and, importantly, preserve our regulatory freedom. This balanced approach to services is based partly on the absence of any of the risks of border disruption that might affect trade in goods, coupled with the distinct advantages of regaining domestic regulatory control as well as the ability to forge new trade deals with fewer fetters so that we are well placed to grasp the opportunities of the future, including across growth sectors such as digital. It would allow the UK to trade with greater freedom with the rest of the world and seize the opportunities for more liberal and energetic free trade with the export markets of the future, from Mexico to Japan.
In leaving the EU, free movement will end. Our immigration policy will be set not in Brussels but by this Parliament, which is accountable to the British people. We will design a new immigration system that enables us to control the number of people coming to live in the UK and place stronger security checks at our border. However, the UK will be an outward-looking nation, attractive to investment and open to business. In line with the arrangements that we will negotiate with close trading partners around the world, we want provisions with the EU that will support businesses to provide services. We want tourists and business visitors to be able to travel without a visa and students to continue to have opportunities to study at universities across Europe. We can agree common-sense reciprocal arrangements while regaining control over our immigration policy. That is the balanced approach that we believe best serves the UK.
Next is our vision for a security partnership that covers the vital security interests that we share. Our proposals build on existing operational capabilities to protect our citizens. They will enable rapid and secure data exchange, practical cross-border operational co-operation and continued participation in important agencies, including Europol and Eurojust, which already have partnerships with third countries. We will also pursue arrangements for co-ordination on foreign policy, defence and development issues, joint capability development and wider co-operation.
When it comes to the return of democratic control of powers and authority to the UK, our laws will be decided by this Parliament and the devolved legislatures. The White Paper proposals will also end the jurisdiction of the Court of Justice of the European Union in the UK. UK courts will no longer refer cases to the CJEU, nor will the CJEU be able to arbitrate disputes between the UK and the EU. Instead, rights will be enforced in the UK by UK courts and in the EU by EU courts.
Has the Minister read paragraphs 146, 147 and 148 of the document, which make it plain that questions of jurisdiction are not to be as exclusive as he has just described?
Yes, I have read them. We have made it clear that the jurisdiction of the CJEU will of course apply to European law and those areas of the common rulebook, but disputes will no longer be arbitrated by the CJEU.
(6 years, 8 months ago)
Lords ChamberOf course Parliament should express its view—but there are a number of ways in which it can do so.
Given that the next grouping on the Order Paper covers approval of the withdrawal agreement, I shall not prejudge that discussion by going into further detail here. That is part of the reason why we have sought to be as transparent as we can while protecting our negotiating position. Noble Lords will, I hope, acknowledge that this is a difficult balance to strike. But they will also note the information contained in speeches by the Prime Minister and other Ministers, in the large number of papers the Government have now published, ranging from White Papers to the raft of position papers on various areas, and in the papers for the negotiations themselves. Most recently, of course, we have also just published our draft text for the implementation period.
Access to information does not constitute the proper exercise of sovereignty.
Having access to that information helps to inform the views of parliamentarians for their many speeches and committee appearances. On top of these publications, and the legislation we have introduced, the Government have further sought to facilitate scrutiny through the frequent making of oral Statements, the timetabling of debates in both Houses in various forms, and through appearing frequently at a range of Select Committees. Of course, we have not covered every subject or satisfied every member of every committee with our answers to every question, but noble Lords should be in no doubt that there has been more parliamentary scrutiny of EU exit than there can have been of anything else in the history of our modern committee system. That is right and proper, and we support it as well as we can. In order to pay tribute to the wide-ranging debate, I hope noble Lords will be patient as I seek to set out, relatively briefly, the Government’s position on these various issues, many of which will be key parts of the wider negotiations on the future economic partnership.
First, on the mutual recognition of professional qualifications, raised in Amendment 144, tabled by the noble Lord, Lord Brooke, the Government have already stated that they will seek to agree a continued system of mutual recognition as part of the future economic partnership. This system will form part of the wider negotiations underpinning trade in services. The joint report from the first phase already includes provisions on the recognition of professional qualifications which apply to UK nationals already resident in the EU at the specified date and, of course, EU nationals in the UK on that date. Those provisions will be included in the withdrawal agreement to provide clarity and security to the individuals affected.
(6 years, 8 months ago)
Lords ChamberThe noble Lord was helpful in trying to give an example for something else. Could he give an example of where something that was “appropriate” could not be covered by the principle of necessity?
I do not have any additional examples beyond the ones I have already given, but I will certainly write to the noble Lord with alternative information on that.
However, the Government and I believe that a majority of noble Lords in this House will agree that the statute book is not truly effective unless it is tidy. The Bill is designed to provide clarity and certainty on the law; if we cannot remove or correct these redundant provisions this goal will be undermined. However, having said all that, as I have set out, I would be very happy to engage in further discussions with noble Lords. I have very much heard the messages given from all sides of the Committee with a view to returning to this issue on Report. On the basis of those assurances, I hope that noble Lords will feel able not to press their amendments.