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

Lord Cormack Excerpts

Monday 28th January 2019 Lords Chamber

[Lord Cormack (Con)]

My Lords, such a brief and effective speech is not unusual of the noble Lord, Lord Hain, with whom I have worked on a number of important issues over the years.

I want to make one or two new points if I can, although that is extremely difficult. Indeed, I am reminded of a great friend of mine who was getting married for the fourth time. As his son, who proposed the toast, rose to his feet, he said, “Here we are again”. The Brexit debate in your Lordships’ House is a bit like that. One can guarantee that whenever two or three noble Lords are gathered, whether in this House or outside, one short phrase will be uttered within a matter of moments: “What a mess”. It is our duty, so far as it can be, to help to steer the country out of this mess.

We are constantly reminded of the 17 million people who voted leave. Of course, they were in the majority: 52% of voters voted to leave the European Union. We must respect that. However, 48% voted in the opposite direction. Two statistics are even more stark and telling: 37% of the electorate voted to leave and 34% voted to stay. Those figures put things into perspective and ought to induce a little humility in us all. I have always studied the English Civil War with great interest, with its fascinating people, great issues and extraordinary events, but I have come to understand it only over the past three years. We all have a duty to try to heal some of the rifts and breaches. My noble friend Lord Dobbs, who is not in his place at the moment, referred to last weekend’s polls saying that a large number of remainers would not wish to marry a leaver, and vice versa. We all know from our circles of friends that this is all too true. I speak as one whose sons married remainers a long time ago and are both happily married, one after 20 years and the other after 25 years. That was absolutely a good thing.

We need to bring our nation together. How can we do that? I suggest two things: first, we will all be looking to the other end of the Corridor tomorrow night. There will be a series of votes. We do not know exactly how many; that depends on Speaker Bercow. I believe that even at this late stage, the Prime Minister should make the decision that the votes are free ones. I was in the other place when we voted to enter the European Community, or the European common market, as it then was. It was the courageous but realistic decision of one of the most accomplished Chief Whips in post-war history, translated by then to Prime Minister, that led to a free vote. I can see the noble Lord, Lord Taverne, smiling and nodding because he remembers that every bit as well as I do. That decision had a profound influence on the result because although only the Government side was officially given a free vote, it had a real effect on the Official Opposition of the day, as I knew from talking to many of them at the time.

The Prime Minister would be performing a great parliamentary and national service if she were to sanction a free vote tomorrow. I also think she would do rather better as a result of that magnanimity than by imposing Whips, which did not work terribly well two weeks ago. Assuming for the moment—I hope correctly—that there is a consensus following tomorrow night and the other place is able to concentrate on one or two not mutually exclusive but complementary avenues towards a settlement of this issue, I hope something else can be done. When my noble friend the Leader of the House was introducing this debate, she referred to cross-party talks and to confidential briefings, so that Members of both Houses could have a clearer insight into the precise details of the negotiations. That is good so far as it goes, but I want to resurrect an idea that I first voiced on the Floor of your Lordships’ House in June 2016, when I said it would be a very good thing if we could have a joint committee—based on the Scottish and Welsh committees—of both Houses, not just one House, on the European issue.

If we are to come together—if those of us who accept that there is to be Brexit, but are proud that we are one of 48% of the electorate and 34% of the nation, are to bring people together—it would be good to have a joint committee of both Houses and all parties meeting to discuss the details. It does not need to prolong the issue indefinitely. I was taken with what my noble friend the Duke of Wellington said about a three-month extension; because of the burden of legislation, that may be necessary. Nevertheless, I was brought up sharp, as I am sure many of your Lordships were, by the speech of my noble friend Lord Balfe. He pointed out some of the practicalities involved, and that the European Parliament that meets on 18 July will be different—perhaps very different—from the Parliament that meets on 18 April. It may have a very different angle on some of the great issues.

[Lord Wigley (PC)]

I am following the noble Lord with a lot of interest. A free vote could, no doubt, stimulate the possibility of a different consensus— or of getting a consensus at all. Given that there are 14 amendments and four amendments to the amendments, and no certainty as to how they will be selected, there is no guarantee that a consensus that may exist in the other place will translate through to here. In those circumstances, might we not need more time in this Chamber to handle legislation that could come from the Commons? A No. 3 Bill is already mentioned in an amendment. Even if we are constrained to 13 June, we certainly do need more time.

[Lord Cormack]

As I said, I am attracted by some of the propositions put forward by my noble friend the Duke of Wellington. The fact of the matter is that, as my noble friend Lord Balfe has pointed out, there are practical difficulties. What we want is a united Parliament—so far as we can—and a united nation. Whatever motivated those who voted to remain and those who voted to leave, one thing underpinned whatever that individual motive was: at the end of the day, each man and woman who cast a vote surely wanted a prosperous, peaceful Britain in a prosperous, peaceful Europe. We should focus on that sentiment, because it ought to unite us all. If that needs more time so that we can properly fulfil our parliamentary duties, so be it, but let us get on with it.

I hope that we will see some clarity from the other end of the Corridor tomorrow. I hope also that when we next have a debate, it will not be in the rather sterile and unhelpful atmosphere we are forced to debate in today.

--- Later in debate ---

[Lord Callanan]

Because the noble Baroness is asking us to take no deal off the table, and we do not think that that is possible because it is the legal default—as I have said many times in this House—because of the notification of withdrawal Act, because of the Article 50 process and because of the withdrawal Act passed in the summer.

My noble friend Lord Balfe asked me how much discussion there has been between Her Majesty’s Government and the incoming Finnish presidency. We are engaging with the Finns through our embassy in Helsinki. This engagement will increase, including potential secondees, as their preparation for the presidency develops.

As I conclude, I think it would be helpful to recap the way forward for this House and the other place. The rejection of the deal two weeks ago was obviously a disappointing moment for this Government. We are mindful that we cannot legally ratify the withdrawal agreement until a deal has been approved, and therefore the defeat precipitated some serious reflection on the concerns expressed by both MPs and Members of this House.

The best way forward, I repeat, is to leave in an orderly way with a good deal. It is not our strategy to run down the clock to 29 March. As the Leader of the House set out in her opening speech, the Prime Minister has highlighted a number of areas in which we intend to address concerns going forward. I have expanded on some of those this evening, including responding to concerns on the backstop, engaging with Parliament as we head to the second phase of negotiations, and demonstrating our commitment to social and environmental protections. It is these proposals, along with amendments to the Government’s Motion, that the other place will consider tomorrow. As the Prime Minister has said, we should all be prepared to work together to find a way forward, given the importance of this issue.

I know that many noble Lords will be following the debate there as keenly as we in government are listening to what is said in this place—and noble Lords’ words will be heard in the other place. We believe that the way forward that we have set out is the only way to seek to address the concerns of Members in both Houses at the same time as respecting the 17.4 million people across the UK who voted in favour of leaving the European Union.

[Lord Cormack]

As one who genuinely wants this to work out—as the Government wish it to work out—I ask: why are we going to the trouble of dividing on an unexceptional, entirely sensible, logical Motion that almost all of us in our hearts believe to be right?