European Union (Withdrawal) Bill

Lord Dykes Excerpts

Committee: 10th sitting (Hansard): House of Lords
Monday 26th March 2018 Lords Chamber

[Lord Dykes (CB)]

In that conjunction of events and facts, was the noble Lord, like colleagues in the other place, disconcerted by the very aggressive and jingoistic references to Spain that were made by some people there—unnecessarily so, because there was no question of the UK abandoning its total support for Gibraltar? The tone adopted on Spain was really rather unacceptable, including by some Members of this House. I think I remember the noble Lord, Lord Howard of Lympne, saying we might have to go to war with Spain, and even Daniel Hannan, a right-wing Tory MEP, refuted that. Does the noble Lord, particularly because he has declared his interest of a Spanish husband, which was a very interesting point, feel that the balance was right or that there should have been more intelligent access to the ideas of Spain, bearing in mind the pressures that it has over Catalonia?

[Lord Collins of Highbury]

To be clear, the Opposition believe—as do I personally, as someone who has worked in Gibraltar over the years—that the position of Gibraltar should be a matter for the Gibraltarians. There should be no doubt about that, and we are committed to it. They have had a referendum and we will completely stick to that.

I was about to come on to my comments relating to what the noble Lord, Lord Luce, said. At the end of the day, we want to ensure that we make economic relationships and economic development a high priority. I do not think we should restrict this to comments about the viability of Gibraltar; we should be focused on how we can support a friendly country in developing an economy in the south that has been so difficult to establish over many years. British tourism has been very important to that, but it is also in terms of new industries and finance sectors that could be expanded and developed. I like the proposal by the noble Lord, Lord Luce, that we should be talking positively about economic development in relation to Gibraltar and to how important that is.

To be frank, we cannot rely on Madrid. We should understand the nature of the Spanish psyche here: no matter what the terms of the Treaty of Utrecht were, there is a claim by the Spanish nation over sovereignty and, whichever political party is in power in Spain, socialist or conservative, this issue unites them across the political spectrum. I do not think we are going to resolve that—we cannot tell the Spanish what their views should be—but we can give very clear commitments to Gibraltar and its people, and we should maintain those commitments. What we need to hear from the Minister today is that it is not simply about commitments regarding Gibraltar’s relationships with the UK but that the Government are committed to ensuring that Gibraltar can have a positive economic relationship with the rest of the EU, and that in any final appendix or agreement to the transitional period Gibraltar’s needs are properly considered and there is a positive case. Not only would closing the border be a disaster for Gibraltar but, as people have said in this debate, it would be an incredible cost to this country as well.

In the 1960s we had a very big MoD base in Gibraltar and there was employment. That is not the case any more. It is a different sort of industry and employment that we have to address.

Will the Minister answer the question of the noble Lord, Lord Hannay, about what is next under the transitional agreement? What will Gibraltar’s relationship economically be with the rest of the EU? To take up the point made by the noble Lord, Lord Luce, what commitments will we give for a positive relationship with Spain to ensure the economic future of Gibraltar and its people, and the people of Andalusia?

--- Later in debate ---

[Lord Wallace of Saltaire (LD)]

My Lords, I very strongly support these amendments. I stress that we are locking ourselves into leaving the European Union on a specific timetable which is coming up very soon, given that nothing much will happen in the summer and that it will take some time to get ratified whatever interim withdrawal agreement is agreed by this October. We are up against a very short deadline. The reasons why this is a mistake include that the Government lost a great deal of time unnecessarily in negotiations within government and the Cabinet, and with their own right wing, before they got down to the detail of the negotiations to which they are now committed.

As the Government negotiate, we are discovering a substantial shift of tone. The Prime Minister’s Mansion House speech made it clear that she wants to stay associated with a very large number of European Union agencies. There is talk of a large and ambitious new security treaty between the UK and the European Union, and Commons committees and committees of this House have said that it is absolutely in Britain’s interests that we remain associated with Europol, data sharing and a whole host of other things which only EU membership gives us.

[Lord Dykes]

Is the situation not actually worse than that? The noble Lord referred to the Government’s position after the election but, of course, I am sure he would agree that the Government completely lost their mandate to pursue these negotiations anyway in that election result, due to the effect of the result coupled with a dodgy alliance with the DUP. Does he agree?

[Lord Wallace of Saltaire]

I am not sure I would say that the Government completely lost their mandate. They emerged from the election a good deal weaker than they were before. Unfortunately, I am not sure that anyone else had a mandate at the end of it, either. I give way to my noble friend, I should say.

--- Later in debate ---

I say to my noble friend on the Front Bench that this amendment seeks to remove yet another self-imposed fetter on our ability to operate in the interests of the country. We have heard that this arbitrary date was added, and we all know the reasons for it. However, the interests of people whose main interest appears to be our exit in almost any circumstances, however disastrous, must not be allowed to determine what is in the Bill. If the date is removed, it will give the Government the flexibility that they constantly claim they want in these matters. It does not threaten the Bill and it is not designed to thwart the will of the people but to ensure that the Government may act in the best interests of the country and the people rather than the interests of a small number of anti-EU ideologues.

[Lord Dykes]

My Lords, I will briefly add words of support for this bunch of amendments. It is no surprise that there is a large collection of amendments on this subject, because of the importance of making sure that there is flexibility on the date. In that context, I also particularly commend the last amendment on the list, which contains the proposed new clause tabled by the noble Viscount, Lord Hailsham, in considerable detail, and particularly the possible linkage between the decisions of the House of Lords and those of the House of Commons in proposed subsections (5) and (6) of that new clause. I welcome proposed subsection (2), which states:

“A motion for a resolution for the purposes of this section may be made in the House of Commons only if … 150 Members of the House of Commons are signatories of the motion”.


I agree with those who keep saying in these debates, but particularly in this one, not just on the date, that because so much of the content of the negotiations has been different from what we expected—not least, for instance, the proposed adhesion of the Government to a number of important EU agencies, and a number of other things—and because of the scope and nature of the transitional period, which certainly was not anticipated as such in the way it has now materialised, once we know the detailed outcomes of the negotiation we should as a Parliament be entitled to have the final say, which of course also means rejecting it if it is an impossible deal. I very much agree with the powerful words of the noble Viscount, Lord Hailsham, who said that the whole thing is a national tragedy anyway, and one has to keep saying that in the background. I know that the Bill deals with the technicalities, but it is important to repeat that thought as an ominous forewarning of what will happen when these difficult decisions are made. After all, we remind ourselves that the 2016 referendum was a judgment on a Government as if in an election, but without knowing what the Opposition were suggesting, and the Opposition have gradually made more suggestions as time has gone on.

The whole atmosphere and background and the detailed content thereof in British politics have changed enormously as time has gone on. That therefore affects the flexibility on the date, and the Government need to be laying out all the options as time goes on from now on. I have little confidence that they will be able to do that successfully, therefore we have to stick to our last on this matter of insisting that, with its renewed sovereignty, Parliament—which decided on the Second World War, joining NATO, having the atom bomb and the UN, all of which happened without referendums—insists on a proper flexibility on time.

[Viscount Ridley (Con)]

It seems from what the noble Lord is saying that the purpose behind these amendments is to keep open the possibility of preventing or reversing Brexit, which is very different from the purpose that my noble friend Lord Tugendhat outlined, of getting a better deal for Brexit. Will he clarify that difference?

[Lord Dykes]

All the amendments are designed, rather like the noble Lord, Lord Tugendhat, inferred, to improve the technicalities of the Bill, despite people having different views on our future membership or not of the European Union. There may be a stronger content in, for example, some of the suggestions made by the noble Viscount, Lord Hailsham, which I fully support, but that is perhaps the only such example in that cluster.

[Lord Cormack]

My Lords, I have one simple message: do not tie the hands of those negotiating on your behalf.