European Union (Notification of Withdrawal) Bill

Lord De Mauley Excerpts

2nd reading (Hansard): House of Lords
Tuesday 21st February 2017 Lords Chamber

[Lord De Mauley (Con)]

My Lords, although I voted in the referendum, I did not campaign in the run-up to it because despite believing, on balance, that we would be better off out, there were genuine and strong arguments on both sides. However, we are where we are, and we now need to get on with it. Before I go further, I must declare an interest as a beneficiary of payments under the common agricultural policy.

I listened carefully to the debate yesterday and this morning. Much of it has been fighting last year’s battle. I hope your Lordships will forgive me if I take the rather novel course of making a speech on the Second Reading of the Bill before us. Many issues have been raised and amendments have already been tabled that deal with all manner of matters, and I have no doubt that there will be more to come. I intend to address only three key areas that have been raised in another place and are covered by amendments that have already been tabled here.

The first is EU nationals living here and their right to continue to do so. That is something that many of us—if not all of us—would wish to see. The Government have said that they are prepared to give them that right and that it must be reciprocal, with our citizens living in EU countries being given the same right. There is pressure unilaterally to give EU citizens the right to continue to live here, but it is in the nature of negotiations that related and reciprocal matters are dealt with together. If one point is conceded, this risks losing the reciprocal point, so by definition, to do this would run the risk of British citizens currently living in another EU country losing the right to continue to reside in that country. That would be grossly unfair on them, and that is why I would resist any attempt to insist upon the unilateral approach.

The second issue I want to address is that of scrutiny by Parliament between the triggering of Article 50 and the completion of the process two years later. In this context, scrutiny means two principal things: the provision of information and allowing time to debate it. I have no problem with allowing plenty of time for debate. As regards the provision of information, the Government have said that they would provide Parliament with the same information that the EU Parliament receives. That seems fair and right, but as far as the provision of additional information is concerned, I look to my career as a negotiator. I negotiated a significant number of corporate acquisitions and disposals in Europe and the Far East during that career. One of the golden rules of negotiating is that information about your counter party’s position and the detail of what is important to them, is gold-dust. You learn everything you can about their backstop positions, what they will negotiate on and what they cannot, the intricate details of their financial position and things that might not seem important but might later prove to be. It is a forensic science, and it makes all the difference to the outcome. Any information about our position that comes into the possession of the large number of people and institutions that make up our counter party—the Commission, the Council, the Parliament and their various members—will be used against us. That is why I would resist the provision of additional information.

My third issue, impact assessments, is closely related. I have explained my reasons for strongly resisting the provision of information to this Parliament beyond that provided to the European Parliament. An impact assessment on Brexit, if it were to be of any value, would reveal information about our options and negotiating position which would be hugely valuable to our counterparty, the negotiating representatives of the EU. That information would, without a shadow of doubt, be used against us by them. I am afraid that confidentiality arrangements that allow limited access to documents have a habit of failing to prevent leaks, so I do not find that suggestion of any comfort. As such, I resist any proposal for impact assessments.

Those are my views on three key areas. Many other issues have been and will be raised, and I look forward to hearing the views of noble Lords still to speak, to the Minister’s response and to debates at subsequent stages.