Brexit

Debate between Lord Callanan and Lord Mackay of Clashfern

Wednesday 2nd October 2019 Lords Chamber

[Lord Mackay of Clashfern]

Before my noble friend sits down, I think I made a speech earlier on. I just wonder whether he has any comment on it.

[Lord Callanan]

There were 51 noble Lords who spoke in the debate. I made an extensive set of notes and endeavoured to respond to as many of the points as possible. I will look again at my notes on the speech from the noble and learned Lord and reply to him in writing. I apologise for missing him out.

European Union (Withdrawal) (No. 6) Bill

Debate between Lord Callanan and Lord Mackay of Clashfern

2nd reading (Hansard): House of Lords
Thursday 5th September 2019 Lords Chamber

[Lord Callanan]

No, that is not what I said at all. I am saying that it makes the Government’s position very difficult to persuade the EU to do any kind of alternative deal because all the other options remaining on the table are perfectly acceptable to it. In our view, as I said, the Bill would wreck any prospect for a renegotiated deal ahead of 31 October. It clearly would not honour the referendum result. It would be another pointless and harmful delay and would continue to contribute to the rancour we are experiencing in this House and in the public debate generally. It will come as no surprise to noble Lords whatever that the Government cannot support the Bill. I urge all noble Lords across the House who are committed to leaving the EU and to respecting the referendum to therefore vote against it.

[Lord Mackay of Clashfern]

Just before my noble friend sits down, could he say what he understands is meant by,

“the agreement between the United Kingdom and the European Union”,

referred to in Clause 1(4) of the Bill?

[Lord Callanan]

I do not have a copy of the Bill in front of me. Obviously we are not the sponsors of the legislation. My noble and learned friend is a distinguished lawyer, and I will decline the opportunity to clarify exactly what I think the proposers of the clause mean. It is not our Bill. I would be happy to write to him with an opinion on it.

Brexit: Discussions with the European Union

Debate between Lord Callanan and Lord Mackay of Clashfern

Thursday 20th June 2019 Lords Chamber

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords—

[Lord Mackay of Clashfern (Con)]

My Lords, might there be an opportunity for the House of Commons to indicate what alteration to the present agreement it is seeking? I have not yet seen a detailed amendment proposed in the House of Commons to the existing agreement in the hope that a modification of it could be agreed.

[Lord Callanan]

As always, my noble and learned friend makes some wise points, but an amendment was agreed in the House of Commons: the so-called Brady amendment on alternative arrangements to ensure no hard border. That remains the one positive amendment passed, indicating where support in the House of Commons might lie, but of course we need to persuade the EU of the merits of that.

Brexit: Free Trade Agreement

Debate between Lord Callanan and Lord Mackay of Clashfern

Tuesday 14th May 2019 Lords Chamber

[Lord Callanan]

I thank the noble Lord for his advice on answering questions. I did answer the question. I will not go into details of the talks because they are still live and are still taking place. Suffice it to say that if there is to be a deal that will deliver Brexit, and if it is true that the Labour Party wants to deliver Brexit—I know that many of its members might disagree, but that is today’s position of the leadership—let us explore how that can be done in a compromise fashion. The talks seek to explore that, and we accept that that requires compromise from both sides.

[Lord Mackay of Clashfern (Con)]

My Lords, I had understood that the question at the moment was on the withdrawal agreement. The European Union made it clear that future relationships would not be a matter for substantive discussion until after the withdrawal agreement was settled. Therefore, why should the negotiations to which the noble Baroness referred deal with matters connected with the future agreement, rather than seeking to achieve what we urgently need—namely, an agreed withdrawal agreement?

[Lord Callanan]

With the benefit of his great experience, my noble and learned friend makes an important point—that the withdrawal agreement, as negotiated, will not change. I think that even many in the Labour Party accept that it is not going to change, which makes it slightly strange that they voted against it.

Brexit: Parliamentary Approval of the Outcome of Negotiations with the European Union

Debate between Lord Callanan and Lord Mackay of Clashfern

Monday 28th January 2019 Lords Chamber

[Lord Callanan]

I think that you can read that as taking no deal off the table. Of course, we are doing our best. No deal is not our preferred option. We want to avoid no deal if at all possible, but we continue to believe that the best way to avoid no deal is to vote for a deal. For the Labour Party to come along here and say that it is against everything, without putting forward any positive proposals, is not acceptable.

I have set out our position. If the noble Baroness wishes to move her Motion, she is entitled to do so. That is the end of my remarks.

[Lord Mackay of Clashfern]

My Lords, it is absolutely plain that the Motion put down does not exclude expressly the no-deal situation. If we compare this with the Motion that was put down last time, it is different. What is required here—and it is an effort that I thoroughly support—is that everything should be done to get a satisfactory agreement and that we do not go out without an agreement. Surely, the right way to do that is to try to get an agreement. I look to the House of Commons to say tomorrow what its preferred alternative is to what the Prime Minister has done so far.

Brexit: Financial Settlement

Debate between Lord Callanan and Lord Mackay of Clashfern

Tuesday 11th September 2018 Lords Chamber

[Lord Callanan]

I hope we will not get into these scenarios. The Vienna Convention on the Law of Treaties 1969 has been mentioned and that might also apply in such circumstances but, as I said, we do not want to get into these scenarios. We are confident that we will reach a deal and as part of that deal we have agreed a financial package.

[Lord Mackay of Clashfern (Con)]

My Lords, it will not surprise any of us that there should be differences of legal opinion about this sort of question. I hope the Government will be able to press forward with the best proposal I have seen—the one agreed at Chequers—in order that this becomes a purely academic question.

[Lord Callanan]

Obviously, it is to be hoped that we do not get into any disputes. We remain committed to the Chequers deal; as I said yesterday, we are awaiting a formal response from the EU. We think it is a good proposal, involving compromise on our behalf. We need now to see similar movement and compromise on the EU’s behalf.

European Union (Withdrawal) Bill

Debate between Lord Callanan and Lord Mackay of Clashfern

Committee: 6th sitting (Hansard): House of Lords
Monday 12th March 2018 Lords Chamber

[Lord Mackay of Clashfern]

The general principle referred to by the noble Lord, Lord Turnbull, which has been very clearly enunciated by the courts, is that no public authority, including local authorities, has the power or statutory authority to exact money that exceeds the amount that the local authority—or other person making the imposition—sets. The charge the person is required to pay must be just equal to the amount that will be needed to carry out the service, or other thing. If it does exceed it, it is taxation and that covers all forms; it does not matter whether it is a payment, charge, fee or anything else. That is a general principle. Therefore, the provision in Clause 7(7), preventing the regulations imposing or increasing taxation, prevents any local authority or other power having the power to make any such imposition.

On the amendment proposed by the noble Lord, Lord Lisvane, I wonder whether the first part of the clause —Clause 8(1), I think—is the subject of Amendment 126. My noble friend Lord Deben wondered why we were talking about this in a withdrawal Bill, but the clause says that we may have an international obligation that is breached by withdrawal; it therefore seems reasonable to deal with that in the withdrawal Bill because it is a consequence of withdrawal. That amendment implies that this power cannot be used to make any financial settlement that would cause a cost to the United Kingdom because, if it did, it would inevitably require taxation—presumably, whoever makes the settlement does not intend to defray the cost out of his or her own pocket. It is a fundamental restriction on the way in which these matters of international obligation may be resolved. I think I am right in that, but no doubt the noble Lord will tell us its effect on the amendment in due course.

[The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)]

My Lords, Amendments 86, 126, 127 and 155—in the name of the noble Baronesses, Lady Hayter and Lady Kramer, and the noble Lords, Lord Turnbull, Lord Lisvane and Lord Higgins—concern Clauses 7, 8 and 9 and the ability to provide for taxation or fees and charges under those powers.

Let me start by saying that the Government are aware of the concerns of many noble Lords about the raising of fees under these powers. On Report, we will look closely at how we can resolve those concerns. Let me explain the various issues, beginning with Clauses 7 and 9. I am glad to be able to reassure noble Lords that the restrictions in Clause 7(7)(a) and Clause 9(3)(a) already prevent Ministers establishing charges of a type that would involve any element of taxation or tax-like provision under these powers. Beyond that specific issue, I want to set out the Government’s intentions with regard to those fees and charges.