All 3 Lord Forsyth of Drumlean contributions to the European Union (Notification of Withdrawal) Act 2017

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Mon 27th Feb 2017
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Wed 1st Mar 2017
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Tue 7th Mar 2017
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European Union (Notification of Withdrawal) Bill Debate

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Department: Department for Exiting the European Union

European Union (Notification of Withdrawal) Bill

Lord Forsyth of Drumlean Excerpts
Committee: 1st sitting (Hansard): House of Lords
Monday 27th February 2017

(7 years, 9 months ago)

Lords Chamber
Read Full debate European Union (Notification of Withdrawal) Act 2017 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 103-II Second marshalled list for Committee - (27 Feb 2017)
Lord Davies of Stamford Portrait Lord Davies of Stamford (Lab)
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My Lords, I agree very much with my two noble friends, who have set out very well the purpose of the amendment. I, like them, feel that it is a disaster for our country to leave the European Union in any circumstances, and that the economic costs have not begun to be properly assessed in this country, although as every week goes by we become more aware of some of them. However, I think it is common ground, even with those who think that we should leave the European Union and who voted and campaigned for that, that there are economic costs and even they would accept that those economic costs are very serious.

The economic costs essentially affect manufacturing, particularly areas such as automotive and aerospace where there are a large number of supply chains in the European Union going across countries, with parts and components and so forth going back and forth more or less the whole time. That business will be very severely affected by our leaving the customs union and the single market, particularly where we would have to pay tariffs, as we would do in the case of motor cars, for example. The other area is financial services, which accounts for 10% of the gross national product of this country, as we all know. The City at the moment is the financial capital of the European Union but that is likely to cease if we left the European Union. It is very difficult to imagine how it could continue to be that unless we had some way of remaining in the internal financial market.

The great thing about the EEA is that it is a way of avoiding some, if not all, of the economic costs—there would be a loss of investment in many areas and as time went by there might be threats to our competitiveness as a country, both in services and in some of the manufacturing areas I mentioned. Nevertheless, it would mitigate and very much reduce the economic costs, which everybody is agreed are considerable and serious. Therefore, it seems extraordinary that the Government have not even bothered to consider or negotiate the possibility of our remaining in the single market by virtue of becoming again a member of EFTA or otherwise.

The Government have very reluctantly conceded that there should be some parliamentary process in this procedure of leaving the European Union. They have very reluctantly conceded that they should report to us at least as much as the European Commission does to the European Parliament on the progress of negotiations. They have very reluctantly exposed to us some of their thinking on some of these points, which have been dragged out of them in different ways—and we have to go on doing that.

However, as we begin to get clearer sight of what the Government are doing, it becomes more and more curious because we observe that they are actually breaching some of what one had always thought were the golden rules of negotiation. They are behaving in a way that is clearly irrational. No normal person gives up an option unless he or she gets to the point when they have to. There is no point in giving up an option in advance so why did the Government state in advance they were not interested in becoming a part of EFTA and remaining in the single market on that basis?

Secondly, the Government have said that their priority is to prevent freedom of movement or stop freedom of movement in future so far as this country is concerned. We now hear from Mr Davis that he does not expect any significant reduction in immigration from the rest of the EU or anywhere else for the next few years. In other words, the benefit for which the Government are apparently prepared to pay this enormous economic cost is much less than it was always made out to be. That is very clear.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean (Con)
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On the subject of giving away an option in advance, is my memory playing a trick on me in recalling that the noble Lord and others on the remain side during the referendum campaign argued that membership of the EEA would be the worst possible option because we would be bound by all the rules but have no say?

Lord Davies of Stamford Portrait Lord Davies of Stamford
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The noble Lord is uncharacteristically inaccurate; he normally does his homework before intervening in this way. He is quite right that I and many on the remain side argued against the EEA being the right solution but he is quite wrong to suggest that any of us argued that it was the worst solution. On the contrary, throughout the campaign I always said while it was a very bad solution, it was the least bad solution of all those on offer. I am on record as saying that and probably said it in debates in which the noble Lord took part. Indeed, that is my strong view today and is the case I now argue.

I wish we could stay in the EU—period, as the Americans say, or full stop—but if we cannot we must try to mitigate the enormous damage. That is the argument I have been making. The way to do that is to try to find a way to stay in the single market, and one way we could certainly do that is to rejoin EFTA, as my noble friend Lord Lea set out. It is extraordinary that the Government have excluded that possibility and I now come to their extraordinary behaviour.

The Government have not only revealed that the benefit for which they are prepared to pay this high cost is nothing like as great as it was always made out to be, but not even considered negotiating on the single market regime provided by the EEA and using that as a basis for trying to get some concessions on freedom of movement. My two noble friends suggested a way forward that might be possible. I do not think that we on this side of the House will be able to take over these negotiations but we want to know—it is important that everybody in the country knows—why the Government did not even think it worthwhile to sit down with our European Union partners and say we would like to stay in the single market but we would also like to curb freedom of movement at least to some extent. We could have a negotiation on that basis.

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Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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My Lords, I hesitate to intervene on Irish matters but no one has spoken to Amendment 30, which is grouped with these amendments, or explained the thinking behind it. It has extraordinary implications for Scotland. It says that it should be a,

“priority in negotiations … for the Prime Minister to seek terms that would not give rise to any external impediment to the ability of the people of the island of Ireland to exercise the right, on the basis of the consent of the people of the Republic of Ireland and Northern Ireland, to bring about a united Ireland, to be treated as a European Union Member State”.

I assume—contrary to his position—that the noble Lord, Lord Hain, accepts the view that if people vote in a referendum that should be taken as the consent of the people. If so, that suggests—as the noble Lord, Lord Alderdice, pointed out—that it should be part of the Government’s negotiations to secure the right of Northern Ireland, if it voted in a referendum to become part of a united Ireland, to automatically become part of the European Union. If the Government were to embark upon such a negotiation, I would find it difficult to understand why that would not enable the Scottish nationalists to argue that what was good for the goose was good for the gander, or perhaps it is the other way round. The noble Lord, Lord Alderdice, said that it is completely different because this is part of the United Kingdom joining a state that is a member of the European Union, and not the other way round. I very much doubt if Nicola Sturgeon and Alex Salmond would present it that way.

The main point I want to make is that this is a Bill about firing the starting gun for Article 50. There are many issues, and there is great sympathy in the House for the position of Northern Ireland. The Prime Minister has said, in the clearest possible terms, what the Government’s policy is. Frankly, some of these amendments and speeches do not seem to be prepared to take yes for an answer. The idea that we have to amend the Bill in order to hold the Government’s feet to the fire for their policy on something as important as this is pretty extraordinary. We go back to the fundamental point: the President of the Commission, the leader of the Opposition and the then Prime Minister all wanted to implement Article 50 immediately. The Prime Minister is anxious to get on with the negotiations; these issues will have to be considered. The noble Baroness, Lady Harris, said, “We accept that, but we want to know how you are going to do it”. The very worst thing you can do in any negotiation is announce in advance how are you going to negotiate, because then you are committed to that position and the people on the other side will make it very difficult for you, so I worry about Amendment 30 in particular. It illustrates how foolish it would be to amend this Bill—which is after all starting the process. I have no doubt there will be many happy hours for us to discuss those issues of the border between Northern Ireland and the Republic of Ireland in the future, and the implications for Scotland, the EEA and everything else. But I venture to suggest that this is not the Bill in which to do so.

Lord Dubs Portrait Lord Dubs (Lab)
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My Lords, I remember that at the time of the negotiations leading up to the agreement in Belfast, the EU was there in the forefront being supportive, and indeed EU finance developed cross-border projects and played a significant part in the process.

I want to make two points. First, whatever we think, we know that the Irish Government are deeply concerned about this issue. We are belittling their concerns if we say, “We don’t need to bother about this amendment because it’ll be all right in the end”. We all know that the previous Taoiseach, the present one and many other people are very concerned. We owe it to them at least to show that we are concerned about the situation.

My key point is that I think it would be right to have the amendment in the Bill if for no other reason than that it would send a signal to Brussels. It is all right saying that the Prime Minister will do her best in the negotiations, but I would have thought that in her position she would be much better off if we had the amendment in the Bill; it would strengthen her resolve and she could say, “The British Parliament is so concerned about it that we have put it on the face of the Bill”. That is why we should move forward with the amendment.

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Baroness Wheatcroft Portrait Baroness Wheatcroft (Con)
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My Lords, “the will of the people” is a phrase much bandied around in the wake of the referendum and it has taken on a totemic significance. Anyone who suggests that the country should not now blindly leap off the cliff into the unknown that is hard Brexit risks being accused of trying to defy the will of the people. When the Supreme Court judges examined the Government’s plans to ride roughshod over the principle of the sovereignty of Parliament, they met with a disgraceful headline labelling them “Enemies of the people”. Their determination to stand up for the rule of law rather than the rule of the mob was seen as defying the will of the people.

I do not wish to defy the will of the people. Amendment 3, introduced so persuasively by the noble Lord, Lord Newby, proposes the opposite of defying the will of the people. It is about upholding democracy, not denying it. It simply proposes that once the terms of our withdrawal from the EU are clear, the public should be given the final say on whether to accept them. As I said at Second Reading, I cannot understand why even the most devoted Brexiteers would not wish to give the public the final say on the terms of such a momentous decision unless they feared that the terms might not be acceptable.

The process would demand simply that Parliament should approve the terms by a resolution of both Houses. In answer to the noble Lord, Lord Grocott, it would be the vote of the Commons that was decisive; we know our place in this Chamber. If there is no deal, however, and the Government simply decide to withdraw from the EU, this too should be the subject of a resolution of both Houses. I will support a later amendment that calls for that procedure. I believe it to be absolutely crucial that, if the Government think that they have secured a good deal for this country, that deal should be put to the public in a referendum.

We are a proudly democratic country. We hold elections and we abide by the results even if the majority is wafer thin. The party with the largest number of MPs gets to govern. But the difference between a general election and the referendum is that a few years down the line the country has a chance to change its mind and to think again. People judge the efforts of those whom they have elected and, if they are not satisfied, they throw them out. A Parliament is not for life. However, when the country is now embarking on one of the most momentous decisions ever, a decision that will affect our children and our children’s children, there seems to be a perverse determination to insist that the people have made their bed and that, no matter how uncomfortable it may be, they are jolly well going to lie in it in perpetuity.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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While we are on the subject of being uncomfortable, is my noble friend comfortable with the many press reports following the referendum of her saying that she would use her position in the House of Lords to prevent and reverse the decision taken by the people? Is she comfortable with the idea of unelected Members of this House using procedure to try to frustrate the result of the referendum?

Baroness Wheatcroft Portrait Baroness Wheatcroft
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My Lords, I have just said that I have no intention of defying the will of the people; I am giving the people a chance to exercise their will, which some noble Lords may not wish to do. I do not believe that we should not give the people the final say.

When a majority of those voting voted to leave the EU, they had different visions of what that would entail. In answer to my noble friend Lord Lamont, I do not think that the original referendum was, with the benefit of hindsight, drafted as well as it might have been, because I think that people were voting for different things. Some might have favoured an arrangement that continued to give us strong trading links with Europe while others might have voted with a view that we could remain very close to the single market. Some might have hoped that our students would be able to continue their education throughout Europe while others, particularly those in the financial services sector, would almost certainly have been hoping that what they were voting for was an arrangement that would allow their products to be passported into Europe so that they could continue doing business as they do now. That looks increasingly unlikely to happen, with dire consequences for our Exchequer. The one thing on which most voters would surely have agreed is, as others have suggested in this debate, that they were not voting to get poorer.

The most logical solution is that, once the terms of departure are clear, the public should be able to weigh them up and decide whether they want them. Do those who oppose such a suggestion not believe that the British electorate are capable of examining a deal and judging it on its merits? To take that view certainly would be to show contempt for the electorate and I do not. I am not a fan of government by referenda, but nevertheless once one has embarked on that route, it seems that only a referendum can complete the process. This is about listening to the will of the people, not defying it.

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Lord Ashdown of Norton-sub-Hamdon Portrait Lord Ashdown of Norton-sub-Hamdon (LD)
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My Lords, the noble Lord has made the central case for the amendment: do noble Lords trust the Government and the way that they have used the vote on the Brexit referendum or not? Frankly, we do not, for very good reasons that I shall seek to explain in a moment. That is not to say that we challenge the fundamental decision made in that referendum. Since I have been substantially misquoted on many occasions, let me say what I said on the night of the referendum, because government Ministers have been frequently using this as though somehow or other we had behaved in a way inconsistent with these words:

“I will forgive no-one who does not respect the sovereign voice of the British people once it has spoken. Whether it is a majority of 1% or 20%, when the British people have spoken, you do what they command. Either you believe in democracy or you don’t”.


Those are my words and I stand by them because we do believe in democracy on these Benches. We accept the sovereign voice of the British people.

Noble Lords may laugh but that is the fundamental question: do we challenge the “yes” or “no” outcome of that referendum? No, we do not, and this amendment does not in any way. We accept the decision that has been taken, and the decision is that we should leave. We are naturally bitter and sad about that, but whatever our personal feelings the judgment of the British people has spoken. However, to say we leave is not the same as the British people providing a mandate unto the solution that the Government choose in order to leave. The Government have actually taken what they claim to be a mandate to leave—which we concede the Government have, of course—and turned it into a mandate for the most brutal form of leaving possible.

I ask noble Lords to look back to the conduct of that referendum, in which many of us took part. I had a number of interesting debates with the noble Lord, Lord Forsyth, and very good they were too. On every single occasion during that referendum, we asked those who proposed Brexit to say what kind of Brexit. Did it mean leaving the single market? Did it mean a complete ban on immigration? Never were we given an answer. I have Mr Hannan, a well-known lion on the Brexit debate, on the record many times: there is nothing about this that says we must leave the single market. If I recall, in the meeting that I had with the noble Lord, Lord Forsyth—I do not think I am wrong—he too said that it was not necessary to leave the single market.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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What I said, as the noble Lord will recall, was that there was a difference between being a member of the single market and having access to the single market and that those who were arguing for remain were deliberately deceiving the people.

Lord Ashdown of Norton-sub-Hamdon Portrait Lord Ashdown of Norton-sub-Hamdon
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As I recall, the conclusion that I and the audience reached—but we probably cannot go over this now—was that the noble Lord would leave but it was not necessary not to continue with access to the single market. However, that is what the Government have now said. We accept that the Government have a mandate to leave the European Union, but what mandate do they have to leave the single market or the customs union? None. The Conservative Party manifesto at the last general election committed the party, as a manifesto promise, to continue to stay in the single market. They have taken the British people’s votes—

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Lord Newby Portrait Lord Newby
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My Lords, the Minister is entitled not to wish to answer the question—and I can understand why. I will make just three points. First, I am sorry to the noble Lord, Lord Grocott, that I was so hard on him earlier on. I should have welcomed—and indeed do now welcome—his intervention because he has given me some very helpful drafting advice for the amendment that I will be bringing before your Lordships on Report.

Secondly, I have never heard the noble Lord, Lord Rooker, sound so defeatist. If this House took the view that the House of Commons might not accept an amendment that we passed, we would hardly ever pass any amendments. We would certainly not have passed the amendment on tax credits. Therefore, I urge him to take that as a precedent and think that, so impressed by the quality of our arguments, those 20 Conservative Back-Benchers might change their minds in an instant on reading Hansard and that we would get our victory when it went to the other place.

Thirdly, in response to the noble Lord, Lord Empey—a number of noble Lords spoke about the parallels with or differences from Scotland—this is a completely different situation from that which obtains in Scotland. The SNP wants a second bite at the same cherry. We want a vote of the people on a firm proposition, rather than the vote which did take place on 57 varieties of proposition that were assiduously and separately propounded by different people on the leave side. So it is a completely inapt parallel and I cannot accept it.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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The noble Lord says that the Scottish situation is completely different. The Scottish nationalists argue that people did not know what they were voting for because of project fear. Surely that is precisely the same argument that is being used by the noble Lord.

Lord Newby Portrait Lord Newby
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I have the greatest respect for the noble Lord but I am afraid that that argument simply does not hold water. The principle that we are putting forward in this amendment is straightforward: who decides at the end of a process initiated by the people? Our view is that the people should decide and nothing that any noble Lord has said this afternoon has made me question that principle in any regard. For today, I will withdraw the amendment.

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Lord Blencathra Portrait Lord Blencathra
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If the leave campaign tried that early on in the campaign, it was certainly shot down by the Government, the Treasury and all their spokesmen very early on.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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Is not the point a very simple one which the noble Lord does not appear to appreciate—that every country in the world has access to the single market? The issue was whether one was a member of the single market, which would mean that all businesses—that is, 90% of the businesses in this country—would be bound by these rules and regulations, which would apply to exporters. That was the distinction made.

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Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I rise to speak finally to the three amendments in this group tabled in my name, Amendments 13, 14 and 15. These are not about the negotiations or begging the EU for a decent Brexit, they are about the things we have to do here in the UK to make sure we have enough environmental protection for the future.

Amendment 13 would ensure that, in relation to EU-derived environmental protections, the UK judicial system would be ready, following departure from the EU, to perform effectively the enforcement functions currently undertaken by the institutions of the EU. As has been noted by many Members of the Committee, the environmental protections currently guaranteed by our membership of the European Union rely on an established and robust system of monitoring and enforcement provided by EU institutions and agencies. We must make sure that we replace them with something. The most important part of the system has been the strong pressure to implement the law, and to do so within a specified timescale. This incentive to adhere to the law arises from the monitoring role of the EU agencies and the Commission acting as the guardian of the law and responding to legitimate complaints. If the Government are serious in their ambition to be the first to leave the environment in a better condition than that in which they found it, Ministers must give details on how this complex and robust system of legal enforcement will be replaced here in the UK.

Amendment 14 concerns environmental regulators and would ensure that, following withdrawal from the EU, the UK’s environmental regulators and enforcement agencies—that is, the Environment Agency, Natural England and the Department for Environment, Food and Rural Affairs—are adequately funded and authorised to perform effectively the regulatory functions currently undertaken by EU institutions. Again, effective and robust environmental protection relies on well funded and staffed institutions to monitor compliance with environmental law. It also needs powerful regulators and courts to ensure that breaches of the law are challenged.

For the past 40 years this system of environmental enforcement in the UK has been grounded in the institutions of the European Union, the European Commission and the European Court of Justice. So far, we have had only a few offhand comments from Ministers and one line in the White Paper giving no detail about how this important system of checks, balances and safeguards will function once we are out of the EU. The Government are basically asking us to vote blindly and without caveat for a major upheaval in the way our countryside, wildlife and natural environment are protected. We still do not know whether the Government intend to rely on existing regulators to fill the gap after we leave the EU. It is time to be very clear about what we are going to do, because millions of people care about this.

Amendment 15 concerns access to justice relating to environmental legislation, so that the UK Government would remain committed to providing access to justice on environmental issues for citizens of the UK following withdrawal from the EU. The enforcement mechanisms established by the EU legal framework have been sophisticated. If a member state is deemed non-complaint with EU environmental law, the European Commission can bring infringement proceedings that can ultimately lead to large fines. This independent accountability mechanism has proved quite effective and the risk of penalties for non-compliance has been particularly important in motivating Governments to act, albeit rather slowly at times. But there has been little indication so far of what institutional mechanisms would perform this role. Many of us are concerned that there will be no mechanism at all.

I have listened to most of the debate in this House, either in the Chamber or from my office. I want to combat something I heard earlier. Somebody on the Benches opposite said something about the will of people being that the Bill passes unamended. That is complete nonsense. It is a Bill dreamed up by the Government. Although I understand exactly why the Government have made it this simple, it is our duty to amend it because it simply is not enough.

Somebody else mentioned how it is quite anti-European to be talking in these terms. Personally, I am very pro-European. I can manage to get by in two European languages—three if you count English—and I have many friends who are from the European mainland. I want to dispel the myth that what we are doing from these Benches in trying to amend the Bill is in any sense against the will of the people.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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My Lords, it most certainly is against the will of the people. The noble Baroness is quite wrong. The Bill is about firing the starting gun to bring forward what the people voted for, which is our withdrawal from the European Union. The mechanism the Government have chosen is the use of Article 50. I have some sympathy with some of the amendments, including hers, but these are matters that will become the responsibility of the United Kingdom’s Parliament. An amendment I should like to make is to the Long Title of the so-called great repeal Bill. As a name, I can think of nothing more inappropriate—

None Portrait A noble Lord
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The Short Title.

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Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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Yes, the Short Title; I have been corrected. The Bill’s name is misleading, because it will enable us to bring into UK law all kinds of measures, under the jurisdiction of this Parliament. May I ask the noble Baroness a question: is there any aspect of European environmental regulation that she dislikes?

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb
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I thank the noble Lord for the opportunity. Yes, there is quite a lot I dislike, but that is not for now. There are parts of the common agricultural policy and the common fisheries policy that I dislike very much.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb
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My point is that we have to make sure our standards do not drop, because we as a nation have got used to very high standards. We need not only to transfer the decent things, but to make them even better.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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I have the opportunity to kill two birds with one stone. The noble Baroness has very honestly answered on the things that she would like to see changed. The great news is that, as a result of this, she will be able to persuade this Parliament to do so. Currently, she can make many speeches in this House, as can people in the other place, but we do not have the power to change these matters. That is the great breakthrough. I am surprised that the noble Baroness is tabling amendments to a Bill that is simply starting the process that will enable her to make the kinds of changes that she wants, provided she can persuade a group here. The other bird that can be killed came from a sedentary position. As we heard from the Liberal Benches, the noble Baroness is a leaver. We are all leavers now.

None Portrait Noble Lords
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No!

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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Oh, apparently we are not. Well, I have been listening to speeches from the Liberal Benches telling us that they accept and respect the results of the referendum.

Baroness Ludford Portrait Baroness Ludford
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Does the noble Lord accept that there is a difference between accepting the result of the referendum and changing one’s own personal, passionate convictions?

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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I do not think we are particularly interested in the noble Baroness’s personal conviction when, in the other place, more than 300 elected Members of Parliament put aside their personal conviction and voted for the Bill to come here to enact the will of the people. We had a very revealing glimpse there of how the Liberals are trying to refight the referendum campaign when we should be following the lead of the amendments put down by the noble Baroness, Lady Jones, and others, and thinking about what our policy should be in the future. However, this is a completely inappropriate place to do it. There will be weeks and months ahead when we can debate these matters.

I want to ask the noble Baroness, Lady Quin, a question. Perhaps I am a bit stupid, but I cannot for the life of me imagine how the Government could possibly do an impact assessment without knowing the results of the negotiation and starting that process. Noble Lords on the Liberal Benches say, “Absolutely”. If they think that it is impossible to do an impact assessment, why are they putting down amendments asking for the Government to do impact assessments? The answer is: because this is a wrecking measure—another attempt to delay the Bill and prevent it going forward. For example, Amendment 9 in the name of the noble Lord, Lord Shipley, lists all the regions—

Baroness Quin Portrait Baroness Quin
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My Lords, I said at the outset that my amendment was a probing amendment to raise various issues that I thought it was important to bring to the Government’s attention. I cannot see the inappropriateness of doing that in this debate.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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I am most grateful to the noble Baroness. I suppose then that she will be withdrawing Amendment 6 and I do not need to argue against it any further. As she has always been a doughty champion for the north-east, I completely understand why that should concern her. I simply point out that this is not the Bill in which to make that argument. I have no doubt that there will be an opportunity to discuss these matters when we get the great repeal Bill, as well as in the intervening period. There is nothing to stop people putting down Motions in either of the Houses of Parliament and pressing the Government on any of these matters.

Amendment 9, in the name of the noble Lord, Lord Shipley, lists every region of the United Kingdom and asks what the impact of withdrawing from the European Union will be. Every penny of regional aid for any of these regions is our money. It is money that we have given to the European Union that comes back. That money is not going to disappear. I remember as Secretary of State being forced into supporting projects that were not priorities for us because we had to get agreement that they were additional and that they represented the prevailing policy at the time of the European Union. The difference will be that we are actually able in this Parliament to decide how our money is spent on our priorities in each of the regions. That is a great step forward. I do not, for the life of me, understand how the noble Lord could expect the Government to come up with an impact assessment of that. It will depend on the negotiations, on how much of our money we get back, and on a whole range of issues.

Lord Shipley Portrait Lord Shipley
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The noble Lord said two things that I do not accept. First, he said that the money that comes from the European Union is not going to disappear. There is a real danger that it will disappear because the country is going to be poorer and the Government’s tax income is going to be less. There is no evidence at all that all the money that is currently used in structural funds is going to carry on in the same volume. I do not accept that the money will simply be there and will be redirected again by the UK Government.

The noble Lord also asked who would do the impact assessments. Impact assessments are being done for London, Scotland, Wales and Northern Ireland because there are governance structures in place that can do so. The Government have regular meetings with all those bodies. My point has been that the rest of England is being left out from that process. That is the problem and I hope that the Minister can alleviate my concerns later.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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I am sure that the Minister in his excellent way will respond to these particular details. I am looking at this amendment, which says that we cannot start the process of leaving the European Union until we have,

“Her Majesty’s Government’s negotiating strategy for withdrawal on the economy, investment and regional funding of”,

all these regions. That is ridiculous—absurd. Perhaps the noble Lord put down the amendment just to have a debate and is not proposing to press the matter, but to say to the Government, “You cannot implement what the people voted for until you have done a set of calculations that are impossible to do until you start the negotiations”, looks to me like a circular argument and yet another device from those Benches to prevent us from getting on with what people voted for.

Lord Shipley Portrait Lord Shipley
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Amendment 9 is a probing amendment and I think that the other amendments in this group are similar. There is an issue about whether the Government are prepared to guarantee the levels of funding post-2019 and again post-2020. I very much hope that the Minister will assure this House that the levels of funding will not disappear.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

That is not what the noble Lord’s amendment says. It is an interesting argument. When he says that the money is going to disappear because we will be poorer, that brings me to the extraordinary Amendment 22, which appears to be supported by a former Cabinet Secretary. It asks for,

“any existing impact assessments or economic forecasts relating to the United Kingdom’s future trading relationship with the European Union conducted by HM Treasury, the Department for Exiting the European Union, the Department for International Trade or the Office for Budget Responsibility”.

As my noble friend Lord Blencathra pointed out, the Treasury and the Office for Budget Responsibility told us that we would have a recession and limited growth and that unemployment, interest rates and mortgages would go up, all of which has not happened. We have turned out to be the most successful economy in the G7. This continuing running down of our economy and telling people that we will be worse off is not good for confidence or for the Government and it flies in the face of what people voted for. They listened to all these impact assessments and decided not to believe them, which is why they voted to leave the European Union.

Lord Bilimoria Portrait Lord Bilimoria
- Hansard - - - Excerpts

Is the noble Lord finishing?

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

Is the noble Lord wishing to intervene? The noble Lord, Lord Berkeley, wants to intervene.

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Lord Hannay of Chiswick Portrait Lord Hannay of Chiswick
- Hansard - - - Excerpts

To be absolutely fair, I spoke to Amendment 22 earlier in the name of the others. I am sure that my noble friend Lord Kerslake will now manage to deal with the aspersions cast upon him.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

Except that I have not finished. Finally, on Amendment 22, there is an interesting idea in subsection (2). Ministers have been extremely active in engaging with Select Committees and both Houses of Parliament. My noble friend Lord Bridges has done an outstanding job in talking and engaging with everyone. There is an interesting idea that perhaps it is possible as we go forward with the Bill to find some way of operating with committees of Parliament with some degree of confidentiality, although experience tells me that dealing with Parliament with some degree of confidentiality is not always easy to achieve. I am just about to sit down but I give way to the noble Lord, now that he is awake.

Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock
- Hansard - - - Excerpts

The noble Lord is giving former MPs in this House a bad name.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

I just say to the noble Lord that at least I am not asleep.

Lord Bilimoria Portrait Lord Bilimoria (CB)
- Hansard - - - Excerpts

My Lords, I intend to build on the comments made by the right reverend Prelate in relation to universities and to link that subject into the whole debate about leaving the single market. The Indian Finance Minister is in the country and he was asked a question today about free trade agreements between the UK and India. He made it clear that free trade agreements are not just about tariffs and goods; they are about goods and services and people. He specifically mentioned students and the ability of Indian students to study over here.

A report came out on 23 February saying that almost a third of university academics are from outside the UK. If you look at certain areas—engineering and technology—non-UK academics account for 42% of the staff. In maths, physics and biology, 38% of staff are non-UK and most of them are from EU countries. Then you have the statistic—I declare my interest as chair of the advisory board of the Cambridge Judge Business School and Chancellor of the University of Birmingham—provided by Professor Catherine Barnard from the University of Cambridge, who told MPs that her university had seen a 14% drop in applications this year from EU students. There is, therefore, already a worry about the future of EU students and EU academics.

You cannot just say, “We don’t do impact assessments”. That would be foolish in business: if I make a forecast and I get that forecast wrong, does that mean that I stop forecasting in future? I would be foolish not to forecast. You have to keep trying to forecast, even though you might not always get it right. Impact assessments are absolutely essential. It is wrong to keep going on about the will of the people and saying that we therefore do not need to do anything, or to say that the forecasts were all wrong so we can ignore forecasts and experts. We are going to start sounding like Donald Trump complaining about the elites and ignoring the experts. No, we must continue to forecast and have impact assessments. We must look at the concerns of our universities, our academics and our students and at the potential loss of EU students and academics in the future.

European Union (Notification of Withdrawal) Bill Debate

Full Debate: Read Full Debate
Department: Department for Exiting the European Union

European Union (Notification of Withdrawal) Bill

Lord Forsyth of Drumlean Excerpts
Committee: 2nd sitting (Hansard): House of Lords
Wednesday 1st March 2017

(7 years, 8 months ago)

Lords Chamber
Read Full debate European Union (Notification of Withdrawal) Act 2017 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 103-II Second marshalled list for Committee - (27 Feb 2017)
Lord Campbell of Pittenweem Portrait Lord Campbell of Pittenweem (LD)
- Hansard - - - Excerpts

My Lords, I have the misfortune to disagree with the conclusions reached by the noble and learned Lord, Lord Mackay of Clashfern, although I agree with him about the disregard we should have for anything said by Dr Liam Fox. I take some consolation from the fact that I wholly agree with the compelling speech made at the outset of this debate by the noble Viscount, Lord Hailsham.

I do not need to trouble the House for long because at Second Reading I addressed this issue to a large extent but nothing I have heard today persuades me of anything other than the catastrophic consequences for the economy and so many of the services in the United Kingdom as a result of those non-British EU nationals who work in these industries and services no longer being available. I also recoil from the notion that we should say to husbands, wives, mothers or fathers of UK citizens, “You must leave the United Kingdom”. I recoil even more at the notion that were we to be in the position of expelling people, we would knock at doors—as I said at Second Reading—either at midnight or midday, saying, “You must leave the United Kingdom”.

Let us look at this from the point of view of families. What sort of stress and strain would it put upon a family? Indeed, what sort of apprehension has this already caused in many families? It is said that there are no new facts. The mounting volume of anecdotal evidence of anxiety on the part of those who may be struck at as a result of there not being an amendment of the kind we seek to pass today is exemplified day after day. The Guardian was mentioned a little while ago. There is a compelling article in that about a family who has already decided to go because the lack of a satisfactory understanding has become too much.

There is a further new fact in the utterances of Mr David Davis. He said earlier that it will be years and years before United Kingdom citizens would be able to take over those jobs fulfilled by non-British EU citizens. What is to happen in the interim? If you are a non-British EU citizen working in a hospital but you know that the long term depends upon whether enough British citizens can be found to take over the job you are doing, what kind of compulsion does that create in wanting to stay? Ultimately, the services you provide will be disregarded.

I go back to the question of the assurance of the Home Secretary. I tried to put myself in the position of those about whom we have been concerned in the course of this debate. I do not doubt that the assurance of the Home Secretary is given in good faith but I believe in belt and braces. I would rather have that assurance on the statute than depend upon the decision of a Home Secretary who in five years may no longer be in office.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean (Con)
- Hansard - -

The noble Lord just made the point that he would rather have this amendment on the statute. I do not know if it has occurred to him but that is not for this House to decide but the other place, which already voted against this proposition. He is a very distinguished lawyer. This amendment refers to people who are “legally resident”. I cannot find any definition of what “legally resident” means. Which groups is he referring to?

Lord Campbell of Pittenweem Portrait Lord Campbell of Pittenweem
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Just as Brexit means Brexit, legally resident means legally resident.

Lord Campbell of Pittenweem Portrait Lord Campbell of Pittenweem
- Hansard - - - Excerpts

We might have to take the expert opinion of the noble and learned Lord, Lord Mackay of Clashfern, but I fancy that the courts will be able to reach a conclusion on that.

I was saying that I endeavoured to put myself in the same position as those who find themselves under anxiety and apprehension. Were I in that position, I would be much more concerned to have a statutory right than a political assurance.

Lord Campbell of Pittenweem Portrait Lord Campbell of Pittenweem
- Hansard - - - Excerpts

No doubt the noble Lord will try to intervene at another stage, given his characteristically generous attitude towards the Liberal Democrats.

The noble Viscount, Lord Hailsham, referred at the outset to the legal implications of what we are discussing. He is perfectly right because there may well be convention rights, and it is also the case that Parliament and even more so the courts have often been very reluctant to pass legislation with retrospective effect. Indeed, in my recollection the only time that has been done recently was in relation to former Nazi war criminals for whom the United Kingdom was determined to exercise retrospective extraterritorial jurisdiction. However, the mere fact that these issues are live in this debate surely indicates just how complicated any kind of expulsion might be and the extent to which its effectiveness would undoubtedly be adversely affected by people going to law. I venture to guess that they would get a successful outcome from any effort at judicial review.

It has been said already that this is the right thing to do. I doubt very much whether anyone’s mind has been changed to any extent by today’s debate. At least in my mind, it is still the right thing to do and I will vote for it.

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Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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I normally have the greatest respect for the noble Baroness’s diligence, but she is wrong to say that nothing has changed. What has changed is that the Prime Minister has said that this is her first priority. She said that the fate of those people living in this country from Europe will be determined by primary legislation and that no change will be made other than with the agreement of the other place and this House. That is good enough for me to not wish to amend a Bill that allows us to get on with the process of making that happen.

Baroness Smith of Newnham Portrait Baroness Smith of Newnham
- Hansard - - - Excerpts

My Lords, we have heard much about the issue of EU nationals being a priority, but, as the noble Baroness, Lady Symons, pointed out, whatever the ambition of the Prime Minister and however great her negotiating skill is likely to be, the nature of EU negotiations is that nothing is agreed until everything is agreed. So having this as a priority will not, in itself, give EU nationals the security that they need. If the Government do not feel able to accept the amendment—and I suspect that they will not—could the Minister give further clarification not about some distant immigration Bill that will come after the great repeal Bill but about something in line with and in the spirit of Amendment 9B that will occur in the immediate aftermath of triggering Article 50?

European Union (Notification of Withdrawal) Bill Debate

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European Union (Notification of Withdrawal) Bill

Lord Forsyth of Drumlean Excerpts
Report stage (Hansard - continued): House of Lords
Tuesday 7th March 2017

(7 years, 8 months ago)

Lords Chamber
Read Full debate European Union (Notification of Withdrawal) Act 2017 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 108-I Marshalled list for Report (PDF, 67KB) - (3 Mar 2017)
Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean (Con)
- Hansard - -

Can the noble Lord explain? He has repeatedly said that what he has put in his amendment and wants to put in the Bill is no different from what the Prime Minister indicated to the House of Commons. Surely the difference is that the Prime Minister’s undertaking was that there would be a vote in both Houses on the issue of a deal or falling back on WTO. Reading his amendment, his difference is between no deal and what? What happens? Can he explain?

Lord Pannick Portrait Lord Pannick
- Hansard - - - Excerpts

What happens? Nobody knows what will happen: that is the whole point of the difficulty that we face in 21 months’ time. I do not know what will happen. The noble Lord does not know what will happen. I am saying to the House that it is essential that Parliament has an opportunity, guaranteed by legislation, to address the circumstances at the time.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

I know that some people in the House do not want to see the flaws in this, but the answer to my question—no deal or what?—is that we end up rejecting the view that the British people voted for: that we should leave the European Union. That is the hidden agenda behind the amendment.

Lord Pannick Portrait Lord Pannick
- Hansard - - - Excerpts

If by referring to a hidden agenda, the noble Lord is suggesting that I have some motivation, I assure him that my only motivation is to ensure that Parliament has a guaranteed opportunity at the end of the negotiating process to decide whether the terms of our withdrawal are acceptable or not. That is a basic question of parliamentary sovereignty.

The amendment will not delay notification of withdrawal from the EU. It does not commit the Government to adopt any specific approach in the negotiations. It does not impede them in the negotiations any more than the undertaking already given by the Prime Minister. Crucially, it will guarantee that the Government must come back to both Houses to seek approval for the result of the negotiations.

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Lord Oates Portrait Lord Oates (LD)
- Hansard - - - Excerpts

My Lords, I support the amendment moved by the noble Lord, Lord Pannick. I will not take up too much of the House’s time, not least because I think the issue at stake is really rather simple. On 17 January this year, the Prime Minister confirmed in her Lancaster House speech the Government’s intention to,

“put the final deal that is agreed between the UK and the EU to a vote in both Houses of Parliament”.

As the noble Lord, Lord Pannick, said, on 7 February the Minister of State for Exiting the European Union stated that,

“the vote will cover not only the withdrawal arrangements but also the future relationship with the European Union”.—[Official Report, Commons, 7/2/17; col. 264.]

This amendment merely gives legislative effect to the Government’s pledge. In doing so it will assist the Prime Minister in upholding her intention, should she or any successor be tempted to resile from it. The amendment will also provide clarity that the Government will require the prior approval of Parliament should the Prime Minister decide to leave the European Union without any agreement at all.

In Committee, some noble Lords on the Benches opposite questioned the need for legal underpinning of the commitment given by the Government to a meaningful vote. The reason is simple. We do not trust the Government on this matter—not because we do not trust the integrity of individual members of the Government but because, as the noble Lord, Lord Deben, pointed out in Committee, we are only discussing this at all because the Government were forced by the courts and the arguments made by the noble Lord, Lord Pannick, to come to Parliament and hear its voice on the matter.

If we want to ensure that our sovereign Parliament, so often championed by the leave campaigners, has a clear and decisive role in scrutinising the final outcome of this process, it must assert its rights in legislation. If the Government are genuine in the commitment they have given on these matters, they should have no problem accepting the amendment. If they are not willing to do so, it will call into question the sincerity of their commitment and only strengthen the argument to pass this amendment into law.

The noble Viscount, Lord Hailsham, reminded us last week:

“Prime Ministers can go, Ministers can be sacked, Parliaments can change and Governments can cease to exist. One needs to enshrine assurances that stand against … changes in circumstances”.—[Official Report, 1/3/17; col. 921.]


I wholeheartedly agree with the noble Viscount. That is why I support the amendment. I hope that your Lordships’ House will do so, too.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

My Lords, on the noble Lord’s latter point, it is perhaps worth recalling to the House what the Minister, Mr David Jones, said in the other place:

“The Government have repeatedly committed from the Dispatch Box to a vote in both Houses on the final deal before it comes into force. That, I repeat and confirm, will cover not only the withdrawal agreement but the future arrangement that we propose with the European Union. I confirm again that the Government will bring forward a motion on the final agreement … to be approved by both Houses of Parliament before it is concluded, and we expect and intend that that will happen before the European Parliament debates and votes on the final agreement”.—[Official Report, Commons, 7/2/17; col. 269.]


In the course of the debate, the Minister repeated those sentences three times, and the shadow Secretary of State, Keir Starmer, to whom I paid tribute in the Second Reading debate, said:

“Minister, I am very grateful for that intervention. That is a huge and very important concession about the process that we are to embark on. The argument I have made about a vote over the last three months is that the vote must cover both the article 50 deal and any future relationship—I know that, for my colleagues, that is very important”.—[Official Report, Commons, 7/2/17; cols 264-65.]


Both Houses will get a vote on the final draft deal, and we do not need any of these amendments. It is a complete distortion to suggest that the amendments before us today—

None Portrait Noble Lords
- Hansard -

Order.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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I will give way in a second.

None Portrait Noble Lords
- Hansard -

Order!

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

I shall give way to the noble Lord if he sits down and lets me finish my sentence.

It is a complete distortion to suggest that the Government are likely to renege on those promises or that the amendments that we are discussing today put on to the statute book exactly what was said by the Prime Minister and the Minister in the House of Commons. They do something completely different.

Lord Hannay of Chiswick Portrait Lord Hannay of Chiswick
- Hansard - - - Excerpts

I am most grateful to the noble Lord for giving way, but having read out three times what the Minister said in the House of Commons he has revealed that the Minister failed to answer the question that he and the noble Lord, Lord Howard, and others put to my noble friend on what happens if there is a disagreement between the two Houses. Perhaps he could address that, and perhaps he could also put that question to the right person to put it to, which is not my noble friend but the Minister who is going to reply to the debate and who will have ample opportunity to reply to it.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

I know that the noble Lord is very experienced. If he does not know the difference between a resolution in the House of Commons and putting in statute a power of veto for the House of Lords, I am very surprised to hear him making that point.

The point about the amendment that we are discussing, Amendment 3, is that it is a wrecking amendment.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

I am not going to give way; I am going to make some progress.

None Portrait Noble Lords
- Hansard -

Order!

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Baroness Butler-Sloss Portrait Baroness Butler-Sloss
- Hansard - - - Excerpts

How can it be a veto since we cannot in fact impose our will on the House of Commons?

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

The noble and learned Baroness is very experienced, and she should know that this House is able to impose its will on the House of Commons. By convention, we do not do so, and, if we sought to do so, we would be in very deep water. This amendment is taking us into deep water.

I return to the issue under discussion, which is the amendment. Proposed new subsection (1) says:

“The Prime Minister may not conclude an agreement with the European Union under Article 50(2) … on the terms of the United Kingdom’s withdrawal … without the approval of both Houses of Parliament”.


So we get to the final hour, at midnight, when the deal is being done, and the Prime Minister says, “Hang on a second, I cannot agree a deal—I’ve got to go and consult the House of Commons”. It is a ridiculous proposal—

None Portrait Noble Lords
- Hansard -

The Prime Minister’s!

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

It is not the Prime Minister’s proposal. It is a ridiculous proposal to say that the Prime Minister may not conclude an agreement until this has been sorted.

Viscount Hailsham Portrait Viscount Hailsham
- Hansard - - - Excerpts

Would my noble friend give way?

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

No, I am not going to give way to my noble friend.

None Portrait Noble Lords
- Hansard -

Oh!

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

I promise to give way to him once I have actually made my points about the amendment.

It is a first rule of negotiation that you never negotiate with someone who does not have authority to conclude the deal. The effect of these proposals is to put Ministers in a position where their authority is in doubt and where, in effect, this House and the House of Commons are parties to the negotiation, which has to be conducted between Ministers and people from the EU.

Lord Heseltine Portrait Lord Heseltine
- Hansard - - - Excerpts

I wonder whether the noble Lord realises that the Ministers or European officials with whom this will be negotiated have all got to go back to every European parliament and the European Parliament before they can conclude a deal.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

I do realise that. I have the utmost respect for my noble friend, who helped to get me elected in 1983, which may not be one of the most important things on his escutcheon. He has served the party with great distinction. But I have to say to him that it is not the moment for this House to grab the mace and challenge the authority of the House of Commons.

None Portrait Noble Lords
- Hansard -

Oh!

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Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

Subsection (2) of the proposed new clause states that:

“Such approval shall be required before the European Parliament debates and votes on that agreement”.


How are Ministers supposed to deliver that? They are not in control of the timetable for when the European Parliament debates these matters. It is an impossible condition for them to meet.

Lord Hope of Craighead Portrait Lord Hope of Craighead (CB)
- Hansard - - - Excerpts

I beg the noble Lord’s pardon and am grateful to him for giving way. The phrase,

“this will happen before the European Parliament debates and votes on the final agreement”—[Official Report, Commons, 7/2/17; col. 264],

is set out in Hansard in the undertaking given by David Jones on 7 February. The more the noble Lord makes his points, the more important it is, it seems to me, to pass this amendment.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

If the noble and learned Lord accepts my point then the more important it is not to seek to put it in statute. He did not actually deal with my point. How on earth are Ministers able to ensure that,

“approval shall be required before the European Parliament debates”,

when they are not in charge of the timetable for those debates? I would happily give way to him if he would like to answer that point. He is arguing that this should be put in statute and he should be able to explain how it could be achieved.

Lord Hope of Craighead Portrait Lord Hope of Craighead
- Hansard - - - Excerpts

My Lords, I would love to continue this discussion until we reach an end of it, but all I am doing is referring to the words of the Minister himself. It is for him to work out how this undertaking, which he gave to Parliament and which fits exactly with the wording of the White Paper, should be conducted. It is very important that we make this matter clear. The best way of dealing with it is to use the Minister’s words in proposed subsections (1) to (3)—as the noble Lord, Lord Pannick, has done—and pass the amendment. The House of Commons can look at it again if it wishes.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

The noble and learned Lord is normally very careful and precise. At the beginning of my speech I read out the words that David Jones used in the other House. He said: “We expect and intend” that that will happen before the European Parliament debates. This says that such approval “shall be required” before the European Parliament debates. There is a big difference between “expect and intend” and “shall be required”.

Lord Callanan Portrait Lord Callanan (Con)
- Hansard - - - Excerpts

Does the noble Lord agree that the vote in the European Parliament will be about whether the deal that is negotiated will be acceptable, not about whether the UK actually leaves the EU or not?

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

My noble friend is absolutely right on that point. Subsection (3) of the proposed new clause states that:

“The prior approval of both Houses of Parliament shall … be required in relation to an agreement on the future relationship of the United Kingdom with the European Union”.


I put that point to the noble Lord, Lord Pannick, in my intervention. This effectively gives this House, and the House of Commons, a veto on Brexit. It gives it the ability to prevent us from leaving the European Union, despite the fact that we have had the biggest vote in our history from people requiring that. It would be immensely destructive to the reputation of Parliament and of this House.

Subsection (4) states that:

“The prior approval of both Houses of Parliament shall also be required in relation to any decision by the Prime Minister that the United Kingdom shall leave the European Union without an agreement as to the applicable terms”.


That means that Ministers are unable to walk away. This was the mistake that David Cameron made. If he had walked away he might have been able to get a proper deal—who knows? He did not walk away and they knew he was not going to. That is why he got such a useless deal. This ensures that Ministers cannot walk away. For the noble Lord, Lord Pannick, to suggest that the amendment is simply implementing the Prime Minister’s promise is a complete misrepresentation.

Lord Pannick Portrait Lord Pannick
- Hansard - - - Excerpts

I am sorry; I did not say that. I made it very clear to the House that proposed subsections (1) to (3) implement the undertaking. That is not the case in relation to subsection (4). I take the view—noble Lords will form their own judgment—that it is absolutely vital for this House and the other place to have a say on whether we should leave with no deal or the one that is being offered. I made that very clear.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

I have to say to the noble Lord that we know what he is up to, and we know what is going on.

None Portrait Noble Lords
- Hansard -

Oh!

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

I appreciate that I am in a minority in this House, and not just because I am a Scottish Tory. I am in a minority because I support the views of the majority of people in this country. This House is absolutely full of people who still have not come to terms with the results of the referendum. This is a clever lawyer’s confection in order to reverse that result. That is what we are debating. That is what it is about.

None Portrait Noble Lords
- Hansard -

Order.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

I have already given way to the noble Lord. He can make his own speech.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

I am not giving way to the noble Lord.

None Portrait Noble Lords
- Hansard -

Order!

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

Well, all right. I will give way to the noble Lord.

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Lord Hannay of Chiswick Portrait Lord Hannay of Chiswick
- Hansard - - - Excerpts

I am most grateful to the noble Lord for having arrogated to himself the decision as to what the hundreds of people around this place believe.

The point I was going to raise, and ask the noble Lord, Lord Forsyth, to address, is this. Of course the Prime Minister of this country has the ability to ensure that we leave the European Union without an agreement, because of the two-year time limit in Article 50, which the noble Lord has not addressed. That time limit is absolute. It will be triggered within the next few days and, sometime in 2019, it will reach its conclusion. It takes two to negotiate. Since the Prime Minister will be one of them—and the 27 and the institutions of the European Union will be the other—she has the ability to ensure that we leave without an agreement. That is the eventuality that is being dealt with in this amendment.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

The noble Lord makes my point for me. If, after two years, we have no agreement, then we will have left the European Union. I need to conclude my remarks.

None Portrait Noble Lords
- Hansard -

Hear, hear!

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - -

This place is beginning to be like the House of Commons.

What is going on here is like Gulliver. These amendments are trying to tie down the Prime Minister—by her hair, her arms and her legs—in every conceivable way in order to prevent her from getting an agreement and us from leaving the European Union. The House should reject this amendment for what it is—which is an unelected Chamber trying to frustrate the will of the democratically elected Government and of the people, which has been expressed in a huge vote in a referendum.

Lord Bilimoria Portrait Lord Bilimoria (CB)
- Hansard - - - Excerpts

My Lords, one of the main reasons why we are where we are now is that the Prime Minister and the Government wanted to go ahead and use the prerogative, and it is only because of the ruling in the Supreme Court that we are debating this here.

In this amendment, we are asking to have something put in statute to protect against uncertainty in the future. We have heard so far in the discussion that questioning why voters voted—remain or leave—would be an insult to them. However, this was not a general election. In a general election, you have the party’s manifesto—or an “Ed’s stone” and its commandments. If the people do not like the Government and say that they have not lived up to their manifesto, or have not delivered, in five years’ time they can throw them out. The difference here is that this decision is permanent. The last referendum was in 1975—over four decades ago. Then, there was a majority of 67%. A supermajority was achieved. The decision was decisive. There was certainty. This time, we were told that it was a binary decision—remain or leave—but the outcomes are anything but binary. One of the outcomes is a hard Brexit.

The main issue here is that people are allowed to change their minds. Whether it is the Prime Minister, her Ministers, Members of the other place or Members of this House who want to change their minds, it is their right to do so. In fact, Steve Jobs, the founder of Apple, said that changing your mind was a sign of intelligence. As Keynes said, “When the facts change, I change my mind”. As the noble Lord, Lord Heseltine, said, many facts and many outcomes of this negotiation are completely uncertain. The Dutch elections, the French elections and the German elections are coming up. The eurozone might collapse. Europe might even reform its immigration rules, which we would like. Therefore, it is only right that Parliament has a full say on the road ahead. This amendment would protect us from the potential outcomes.

I concluded my Second Reading speech by quoting Professor Deepak Malhotra of the Harvard Business School, a world expert in negotiation. He told me to make sure that I read a book called The Guns of August by Barbara Tuchman about the beginning of the First World War. He said that reading that book was like watching a train crash in slow motion. That is what we are seeing right now with Brexit. I conclude that we need to support this amendment more than anything in order to protect the future.