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European Union (Withdrawal) (No. 6) Bill Debate
Full Debate: Read Full DebateLord Cormack
Main Page: Lord Cormack (Conservative - Life peer)Department Debates - View all Lord Cormack's debates with the Department for Exiting the European Union
(5 years, 2 months ago)
Lords ChamberI can go a long way towards agreeing with the noble Lord, but that is a somewhat different matter from the role of the European Union.
Following on from what the noble Lord, Lord Liddle, just said, would my noble friend agree that we would not have had a peaceful Europe without a strong, stable Europe? Fundamental to creating that stability was the Coal and Steel Community, out of which came the European Common Market, as it was originally called. I believe it was a profound mistake, which a very great British Prime Minister tried to put right, that we were not in much earlier. My noble friend cannot say that it was just the Soviet threat that created a strong, stable Europe because that is manifestly untrue.
With respect to my noble friend, I did not say that. I repeat what I said: peace in western Europe after the Second World War owed more to the Soviet Union than it did to the European Union. I did not say that the Soviet Union’s threat was the only factor. Of course there were other factors. Many of the things said in questions to me in the past few minutes have considerable truth to them, but it is ridiculous to ignore the extent to which peace in western Europe was a consequence of the existential threat that the western part of the continent faced from the Soviet Union to the east. I would like to proceed to consider the Bill.
My Lords, I am most grateful to the noble Lords, Lord Hain and Lord Wigley, whom I am very glad to count among my friends.
We should not be here, but we are. A few months ago, a resolution was passed in your Lordships’ House to set up a Joint Committee of both Houses, built upon a suggestion I made three years ago, to talk about the problems that this country would face and evaluate the cost of no-deal exit. I greatly regret that that opportunity was missed. Indeed, it was flagrantly ignored by those who had the power to accept it in another place: those who sat on the Government Benches.
My noble friend Lord Howard talked about the “good chaps” theory of government. We owe a great deal to a number of good chaps and chapesseswho are responsible for this Bill. They are giving us the opportunity of drawing back from the brink. While I agree very much with the general sentiments of the noble Lord, Lord Campbell of Pittenweem, I came to the conclusion that the referendum, having happened and having produced what I consider to be an extremely disappointing and potentially very damaging result, had nevertheless been sanctioned by us and a clear but narrow result was achieved. I wanted to bend my efforts to ensuring that we left in a seemly and proper manner. What we are really talking about today is our continuing relationship with our friends and allies—and they are both—in continental Europe. It would be desperately damaging to our country, as well as to the peace of Europe, if we left in a fractious manner. It is crucial that we maintain our strong friendships. We are part of the continent of Europe; an insular part but a part none the less.
As I have said before in your Lordships’ House, even though I have a Scottish family background, my identity is English and my nationality is British. But my civilisation is European and that is something that we all share, whether we acknowledge it or not. Whether I go across the road to the great abbey, or across the road at home to the great cathedral of Lincoln, I see an embodiment of European civilisation. It is crucial that, in a continent that has been devastated by war far too often, we maintain the closest, friendliest and most co-operative relations with the nations of Europe. If we crash out without a deal, in a spirit of inevitable acrimony—we saw yesterday how that could arise in this very House, among friends and colleagues—then we are reneging on our joint parliamentary duties, in the other place and in this House.
We owe a great deal to the bravery of the 21. I believe that the vindictive and appalling treatment of them is a blot on our party, which must be expunged as quickly as possible. The very future of our country and our political system is at stake. My noble friend Lord Howell, in his interesting speech, talked about changes. I think of my favourite poet, Tennyson, who said:
“The old order changeth, yielding place to new”.
Maybe we will have to look at new political alignments in our country, because if the Conservative Party becomes a rebranded Brexit Party, as Ken Clarke indicated the other day, where is the place for one-nation conservatism? Where is the place for a party that has contributed so much, as other parties have, to our country’s history and present position? If the Conservative Party is led in this direction, and those who have given such notable and distinguished service as Ken Clarke are extinguished from it, maybe we will have to look for a new centre party, embodying what is best in the political system in our country.
The tragedy of British politics today is that we have a Conservative Party being led in a particular manner and a Labour Party that brings shame upon itself and deserves, in the tradition of Attlee, Gaitskell, Wilson and Callaghan, to have a statesman at its head. Whatever one’s views of Mr Corbyn, one can never define him as a statesman. All of us, on both sides of this House, face real problems. We will compound those problems in a terrible manner if we crash out of the European Union and heap upon ourselves problems that we do not need to heap upon ourselves.
We have missed opportunities. I referred to the failure to take up the suggestion of the Joint Committee. I believe we missed an opportunity in not being more embracing of the deal that my noble friend Lord Callanan, who is just leaving the Chamber, did so much to defend here. I hope that his exit does not indicate a change of mind on it, because the May deal was not even the beginning of the end; it was really the beginning of the beginning, because there is a great deal more work and negotiation to be done, whatever happens. I hope that, because of the deep, visceral divisions in our country, we will give some thought, when the election comes, to having a referendum on the same day. Some may utter notes of dissent, but a good many of my friends who have not been supporters of a second referendum believe that this may well be a way of separating the issues of who people want to govern the country and our place in Europe.
There is a lot to play for but it is crucial in the context of today’s debate that we have a proper and organised exit that maintains relations with countries with which we have had such close relations, in a continent in which we have played such a seminal part through the centuries. From the Spanish Armada to the Napoleonic wars, and beyond to the wars of the last century, this country’s role has been one of which we can be proud. Do not let us descend into an insular status of which our grandchildren would be ashamed.
I remind the noble Lord that the last monarch to refuse Royal Assent was Queen Anne, over 300 years ago. Subsequently, every Act passed by Parliament has been submitted for, and received, Royal Assent.
I want to move on to the European theme and the question of negotiation. The scripts spoken to yesterday by a number of noble Lords contained the familiar argument, which the Prime Minister has been using extensively, that the legs would be knocked out from under his negotiating strategy if no deal was taken off the table. I have spoken on this before and I do not want to bore the House, but I believe that is completely untrue. Saying, “If you don’t give me what I’m asking for in this negotiation, I will shoot myself”, is not a credible threat.
We know that the pain is asymmetric; although everyone is damaged by a no-deal crash-out Brexit, it is the UK that will be damaged hugely more than anyone else. We know that and they know that. We know that there is a problem of asymmetric preparation. They are better prepared than we are, even though they have proportionally less of a problem than we have.
Everything that I have said up to now I have bored the House with before, but here comes a new point. It is now not possible, or it will very shortly not be possible, to get a new deal agreed at the European Council on 17 October. I think the Prime Minister may listen too much to Mr Cummings, who is an expert on game theory and has studied it very closely; I do not think he has done much international negotiation, but he knows a lot about game theory. I believe that he is playing the game of chicken, which we know from American movies in the 1950s and 1960s, where you put your foot down hard on the accelerator, ideally throw away the steering wheel and drive straight at each other, each believing that the other guy will swerve. There are two problems in applying that theory to negotiation with the EU. One is that it is a union, consisting of 27 member states. It takes them a long time to make a decision to swerve. They need to get instructions in Brussels on whatever you put forward; they need to debate that, send the reactions back and then hear what the Government think.
Today’s papers say that Mr David Frost was saying yesterday in Brussels that the British could not put forward any proposals now because they would be attacked by the ERG, published by the EU and criticised in the Article 50 working group. Each element of that is probably true, but it should not mean that we do not put forward any proposals. When Barnier says “paralysis” and our Prime Minister says “remarkable progress, wonderful progress”, the question of disingenuousness creeps in again. I tend to believe Mr Barnier; I find it harder to believe our Prime Minister, which is a very worrying thing to say. It will take them a lot of time. Any proposals to be discussed on 17 October ought certainly to be in negotiation now with the Article 50 working group.
It is my belief that Mr Cummings, in addition to believing in the game of chicken, does not mind if we have a no-deal crash-out. Given what Mr Farage has been saying, he may actually see benefit in a no-deal crash-out. Mr Farage has said that if the Prime Minister negotiates some new variant of Mrs May’s withdrawal agreement, his party will run against the Conservative Party in every Conservative-held seat, whereas if Mr Johnson sticks to his promise to go, do or die, on 31 October with no deal, various forms of pact, informal or formal, are possible. That is what Mr Farage is saying. I have a theory that Mr Cummings may be listening.
In addition to the problem of trust in respect of the text of the Bill before us, we seem to have a problem of whether it will be interpreted not just in the letter but in the spirit. The Prime Minister, obliged to write the letter that the Act would require him to write if the circumstances set out in Clause 1 arose—the noble Lord, Lord Callanan, confirms that the Prime Minister would feel so obliged—could send it and make sure that the European Union did not agree. The European Union needs unanimity. He could talk to a friend in, let us say, Budapest; as a classicist, he could also put his oral presentations in a “num” rather than a “nonne” way; by adding threats and undertakings of what we intend to do, he could make sure that we do not get from the European Union the extension that we have required him to seek if the circumstances arose.
The problem of trust is quite a big one. It would be good if the Government in responding to this debate said that they will not only act on the law but do so in the spirit in which the House of Commons passed it. The noble and learned Lord, Lord Brown, suggested that we would be going cap in hand to the European Council and who knows what terms we could obtain. That is a bugbear. Honestly, either you are in the European Union or you are out of it; there is no middle position that we could be put into. The noble and learned Lord implied—perhaps I got him wrong—that for the period of any extension the terms of our membership would be for the 27 to decide. No, sir, we are either a member with the full rights of a member or we are not in. I am very sad that we are not exercising the full rights of a member any more; I am very sad that, from 1 September, there are important working groups, important meetings of COREPER and important councils in which the British are following the policy of the empty seat. It did the French no good when General de Gaulle tried it; it will do us no good. Wherever we are going to be—in or out, close or far from the European Union—it must be in our interest, until the last possible moment, to exert as much influence as we can on the direction and legislation of the European Union.
That is my answer to the noble and learned Lord, Lord Brown. We can put ourselves in a half-in, half-out position, but the European Union cannot. However, I am nervous that we have not necessarily solved the problem with this Bill—for which I shall vote—because it seems to me that, in addition to the risk that the Government will not act on the Bill, there may be a bigger risk that they will act on it in a disingenuous way and that the purposes set out in it may therefore not be achieved.
The noble Lord is a distinguished businessman. I did not use the word “extra”; I said merely that remaining a member of the European Union will cost us roughly £1 billion net a month. That is the current membership fee. We pay in a lot more than we get out from the European Union in purely financial terms.
I said that the Bill would require the Prime Minister immediately to accept any offer made by the EU of an extension to 31 January 2020. If the EU offered—or, rather, instructed—a longer extension, whatever its date and regardless of its conditions, the PM would automatically have to accept it unless the House of Commons said no within two calendar days. The fact that the Bill mandates updates on the negotiations and Motions on those updates after 31 January 2020 and on a rolling 28-day basis, with no end date, means that it clearly envisages either a lengthy extension or possibly a string of extensions. This is a very poor piece of legislation.
If we pass the Bill, in our view there is no chance at all of renegotiating the deal before 31 October. It will completely undermine the Government’s negotiating position and the future talks that the Government and the EU have committed to. Parliament would then be left with three unpalatable options: first, to revoke Article 50 and overturn the results of the referendum; secondly, extension after extension, therefore failing to deliver on the will of the people over three and a half years after the referendum took place; or, thirdly, accepting the existing withdrawal agreement, which has of course been rejected three times in the other place.
Therefore, I say to noble Lords across this House that, if they wish to accept the democratic decision that the UK should leave the EU—I accept that some parties do not wish to accept that decision—and if they want to leave with a deal, then do not support this Bill. The Government remain committed—
Is my noble friend saying to the House that if the Bill passes into law, which I think Parliament believes it should, negotiations will automatically end at that point? Is he saying that these negotiations, which are apparently continuing and doing very well at the moment, will suddenly be withdrawn from in a fit of pique? Is that what he is saying?
I am saying that it seems blindingly obvious to me that the EU has no possible incentive to negotiate anything because the two options that would then remain on the table would be either revoking or the existing withdrawal agreement, both of which the EU is perfectly happy with. Why would it negotiate anything else once we have removed the option of no deal from the equation?
I am struggling to see the point that the noble Lord is making. Europe’s offer is effectively the withdrawal agreement, which personally I thought was an acceptable compromise, but it is a fact that the House of Commons rejected it. His party and the Liberal Democrats voted against it. Presumably there is something wrong with the withdrawal agreement, then.
Since my noble friend has vigorously supported the agreement, as did I, and since the Prime Minister voted for it on the third occasion—he therefore clearly agreed with it or he would not have done so—why do we not just bring it on?
I am sure it has not escaped my noble friend’s attention that Parliament as a whole voted against it on three occasions. Whatever view I or the current Prime Minister took that it was an acceptable compromise, it has been rejected.
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.
My noble friend will know that a very distinguished Member of the Opposition in another place moved an amendment to this Bill which makes it all the easier for the agreement that he so warmly supports, and which the Prime Minister voted for, to be voted on again. The circumstances have changed. We have a new Prime Minister, so even the Speaker could not refuse a vote on it.
My noble friend is referring to the so-called Kinnock amendment. We have looked at it quite closely and, with apologies to the noble Lord, Lord Kinnock, believe that it is fatally flawed, contradicts other parts of the Bill and is legally inoperable.
Lord Cormack
Main Page: Lord Cormack (Conservative - Life peer)(5 years, 2 months ago)
Lords ChamberMy Lords, the problem we have today is that we are constrained on time. That is entirely the fault of the Government for deciding that Prorogation should take place next week. Therefore, we are in something of a constraint. We owe a great deal to my noble friend the Chief Whip, the noble Baroness the Leader of the Opposition and those who reached a sensible compromise solution in the early hours of Thursday morning. We are grateful to them. They say, and I accept, that we need to conclude proceedings on the Bill today. This is because of the Prorogation guillotine, which was announced by the Prime Minister two weeks after he decided to do it—we know that from the depositions in the Scottish court.
I regret that there is no Minister to reply to these debates. It is frankly an insult to the House and I deeply regret it. But when he was here yesterday my noble friend Lord Callanan made it quite plain that he knew that our European friends and neighbours would accept two things. One was the revocation of Article 50. Clearly that will not happen and I do not want it to happen, but he also made it plain that the deal that had been on the table—Prime Minister May’s deal—was still possible. He also made the point that he had enthusiastically promoted it, as indeed he had. All members—I correct myself—most members of Mrs May’s Government promoted it valiantly.
I believe that we now have the opportunity under the Bill, imperfectly drafted as I acknowledge it is, with the Kinnock amendment, to bring the Theresa May deal back and enable this Parliament to make a decision with a fourth vote on it. I am bound to say that I believe it will be a service to the country to do that. As I said yesterday, it is only the beginning of the beginning, because there are many more rounds of negotiations to take place, but it would at least mean that we had something that had been supported by the present Prime Minister and Mr Rees-Mogg in the third vote, so clearly they believed it was the right thing to do at that time. I wish we could now get on and do it.
I entirely agree with my noble friend on the subject of getting on with discussing these amendments and their nature, but is he seriously arguing that if a problem that affects our national interest arises from the drafting of the Bill, we should just ignore it and allow it to go forward? It is perfectly possible for the sponsors of the Bill to agree the amendment, for it to go to the House of Commons, come back and for it all to be covered before Prorogation, particularly since both Front Benches have agreed to take whatever measures are necessary to try to expedite it. It is perfectly possible. Surely we need to address the point that the noble Baroness, Lady Deech, and other Members of the House have identified. All this repetition of all the arguments we have already had for the past three years is, frankly, a waste of time. We are at the final point now and we need to put the Bill on the statute book, but in a way that makes sense. We cannot as a House say that we are going to pass imperfect legislation because the Government were responsible for Prorogation.
That was a fairly lengthy intervention, but the fact of the matter is that we have been placed in a straitjacket by the Government’s decision on Prorogation. We have an agreement between the two Front Benches here. That is why we should move forward and get the Bill on to the statute book as quickly as possible.
I had not intended to follow my noble and gallant friend Lord Stirrup’s remarks because he included in them an invitation to some EU constitutional experts. I absolutely do not aspire to the status of an EU constitutional expert, but what he said was absolutely correct. There are two possible statuses: one is the that of a member of the European Union, the other that of a former member. The noble Baroness, Lady Ludford, is absolutely right that there is no provision in Article 50 for qualitative conditions on an extension. Temporal conditions—the length of the extension—are possible. That is what we are talking about.
The point raised by the noble Baroness, Lady Falkner of Margravine, about the European Council decision refers to the treaty rights and responsibilities of a member, one of which is the duty of loyal co-operation. That is set out in the treaty. It would not be possible to withdraw treaty rights by European Council decision. The only way to change treaty rights is by amending the treaty, which requires unanimity, and while we are members we would presumably not vote to limit our treaty rights.
The language in the decision referred to by the noble Baroness relates to the contingency, which sadly has now arisen, that the United Kingdom is not present and voting in all committees and regulatory organisations of the European Union. The United Kingdom has voluntarily decided not to exercise some of its treaty rights. Some of these organisations operate by unanimity. If there is an empty chair there and we are a full member with full voting rights that we have not exercised, decision-taking machinery among the European Union—of which we are a member—being exercised by only the 27 could grind to a halt. That is why that language is in the European Council decision. That is why our Government, though in my view quite wrongly, has decided to operate an empty-chair policy in certain parts of the European Union organisation. They have agreed that the Finnish presidency shall exercise our voting rights as though we were there so that unanimity, where it is necessary for a decision to keep the business going, can still be reached. That is the purpose of the language of the European Council’s decision.
The key point is that paragraph 3 of Article 50 is about only temporal extensions. I say to the noble Baroness, Lady Deech, for whom I have huge admiration—of course, she is a lawyer and I am not—that I believe it is not possible to set conditions to the extension of time under Article 50. I therefore say to her and to the noble Baroness, Lady Falkner of Margravine, that both amendments are unnecessary and should not be pressed.
European Union (Withdrawal) (No. 6) Bill Debate
Full Debate: Read Full DebateLord Cormack
Main Page: Lord Cormack (Conservative - Life peer)Department Debates - View all Lord Cormack's debates with the Department for Exiting the European Union
(5 years, 2 months ago)
Lords ChamberI mean that seriously. However, it may be of assistance to your Lordships if I explain why I have tabled this amendment. It arises from an exchange we had in Committee when my noble and learned friend Lord Mackay of Clashfern queried why the letter the Prime Minister is required to send under the Schedule to this Bill did not include a reason. We had an exchange about how, if you had to have a reason, surely that would be a condition. He said that the reason is in the Bill.
The reason is indeed in the Bill; it is the bit I want to take out—page 2, line 14, from “2020” to the end of line 20. I am not sure how many of your Lordships have studied this and thought about its implications. It is written in language which makes it less easy to understand, but it is essentially saying that the letter has to be sent,
“in order to debate and pass a Bill to implement the agreement between the United Kingdom and the European Union under Article 50(2) of the Treaty on European Union, including provisions reflecting the outcome of inter-party talks as announced by the Prime Minister on 21 May 2019, and in particular the need for the United Kingdom to secure changes to the political declaration to reflect the outcome of those inter-party talks”.
It means we are asking the Prime Minister to send a letter saying not only that he wants to debate the May deal and the subsequent matters that were agreed between the parties but that he intends to pass a Bill, when he has made it absolutely clear that he is determined not to do that. More particularly, for those Members who have argued about the supremacy of the House of Commons, it is a deal which has been rejected by the House of Commons on three separate occasions.
Here we have a piece of legislation which, by agreement between the Front Benches, is being given safe passage—I certainly do not support the Bill but I do not wish to delay it, if that is what the Government want—but what on earth is going on with the Government? Why have they not tabled an amendment to take this out? It does not reflect their declared policy, nor the view that the House of Commons has taken on three separate occasions.
I therefore went to have a look at the Hansard of the House of Commons to find out how this had got into the Bill. It has done so by accident. The Labour Party’s position in the other place was to abstain on this matter. Its author—showing that some families stick together—was a certain Stephen Kinnock.
My noble friend Lord Cormack says that he is a very good chap. I know we are a broad church, but—.
Stephen Kinnock is quoted as saying on this matter:
“I understand that our position at the present time would be to abstain, but I am not 100% sure of that”.—[Official Report, Commons, 4/9/19; col. 262.]
My noble and learned friend Lord Mackay corrected me, quite rightly, when in Committee I said that the Government had failed to put in tellers for the Division—although I am confused because in my day, only the Government proposed Business Motions and matters of that kind. However, it was of course the promoters of the Bill who failed to provide tellers for the Division, which is how this has ended up in the Bill.
We therefore have a provision in that Clause of the Bill which the Labour Party did not want—it was going to abstain on it—and the Government cannot possibly have wanted. I am as good as my word—I said that I would not seek to delay the implementation of this legislation, if that is what has been agreed between the parties—but that strikes me as extraordinary. I did not table an amendment in Committee, which in the normal way I would have done, because I expected the Government to put down an amendment to deal with this, and they have not done so. I say to my noble friend that we would be very grateful indeed if he could explain why the Government are leaving in a Bill which they are proposing to support, a provision which requires the Prime Minister to write a letter for the purpose of giving an undertaking to debate and pass a Bill to implement the so-called May compromise agreement, including the discussions that took place between the previous Prime Minister and the Labour Party, which include giving assurances about regulatory requirements and the rest. It seems extraordinary, and that is the reason behind the amendment, which I beg to move.
My Lords, I very much hope that the House will not be seduced by the silver tongue of my noble friend Lord Mackay of Drumlean.
I apologise profusely to my noble and learned friend. Of course, nobody could possibly confuse an erudite lawyer with—
My Lords, it is important that the Bill goes through as it came from the House of Commons, and I say that for one reason above all others. I believe that this Kinnock amendment gives an opportunity to bring to a seemly end the wrangling and the disputes that have taken place.
There are many in all parts of your Lordships’ House who would have supported the Theresa May deal. That was made plain in debate after debate. We never had the opportunity specifically to divide on it, but it was quite clear that a large number of influential Cross-Benchers, and of my friends on the other side of the House and this, would have accepted it. I believe that would have been a sensible decision.
My Lords, yet again, my noble friend, despite his distinguished Oxford degree, clearly was not listening. I was referring to those driving the policy of the remainer faction—and the public outside know this to be true—and seizing control of the conduct of our affairs without a general election.
Will my noble friend stop using the term “remainer faction”? He can use “no-deal faction” if he wishes, but the vast majority of people who voted in the House of Commons the other day, all of whose names are publicly listed, did so because they wanted to save this country from going over a precipice. Why should he take it upon himself—this was the point made by the noble Lord, Lord Hunt—to urge this House, which has no validity in these matters, to seek to effectively bring to an end a Parliament that still has almost three years to run? If the Prime Minister is able to persuade the House of Commons to have a general election, I would personally welcome it, but it is really no business of this House to interfere in that.