EU Withdrawal

Lord Foulkes of Cumnock Excerpts

Wednesday 13th February 2019 Lords Chamber

[Lord Callanan]

I knew the Opposition would approve of that. I know that the noble Baroness will wish to speak to her Motion in a moment and so, if noble Lords will forgive me, I shall wait until my closing remarks to address it in full and to set out clearly how the Government will respond to it.

It also will not have escaped your Lordships’ attention that the vote in the other place tomorrow will not be the much-anticipated meaningful vote. As the Prime Minister has confirmed:

“When we achieve the progress we need, we will bring forward another meaningful vote, but if the Government have not secured a majority in this House in favour of a withdrawal agreement and a political declaration, the Government will make a statement on Tuesday 26 February and table an amendable motion relating to the statement, and a Minister will move that motion on Wednesday 27 February, thereby enabling the House to vote on it, and on any amendments to it, on that day”.—[Official Report, Commons, 12/2/19; col. 733.]


Noble Lords will clearly be aware of the statutory role that this House plays under the EU withdrawal Act, and debate will of course be necessary in this House also. The exact timings will be a matter for the usual channels. Nonetheless, as we proceed with today’s debate, I know that the work and the contributions of this House continue to play an important role in informing the deliberations and decisions of the other place. Indeed, the exit Secretary has made it his business from day one in office to work with this House and learn from the unparalleled collection of experience and expertise that resides on these Benches.

I am pleased that he was able to attend your Lordships’ EU Select Committee recently, and both of us met with Members on the Cross Benches earlier today. He is also meeting individual Peers from all sides of the House whenever he can, and his consistent message is that the Government want this House and its committees to continue contributing their wisdom as we shape our approach to the next phase of negotiations. The Constitution Committee heard similarly from the Chancellor of the Duchy of Lancaster last week. I hope that this shows the sincerity of the Prime Minister’s commitment to fuller and deeper engagement with both Houses of Parliament.

Of course, this House is also very busy in its role of scrutinising and passing legislation. I noted the tweets yesterday morning from the noble Baroness, Lady Hayter, which followed the appearance on the “Today” programme of my right honourable friend the Leader of the Commons. I agree that this House is playing a crucial role in considering both primary and secondary legislation. In the last fortnight alone, this House has considered three important Brexit Bills: the Trade Bill, the Financial Services Bill and the Healthcare Bill, which goes through Committee next week.

[Lord Foulkes of Cumnock (Lab Co-op)]

Does the Minister agree with what Andrea Leadsom said on the “Today” programme—that it is possible to get through all the legislation, the Bills and the statutory instruments, by the end of March?

[Lord Callanan]

I think that she said “all the necessary legislation”—so yes, I do agree with the comments that she made. As of today we have made positive progress and laid more than 420 statutory instruments out of the total of up to 600 required before exit day.

--- Later in debate ---

[Baroness Smith of Basildon]

My Lords, I think that was more of a speech than an intervention. There is, however, a clear and distinct difference. If the Government think, like the noble Lord, that it is the same, why do they not support our suggestion? That would be very straightforward. Our proposal is different. The same is true of common external tariffs, which my noble friend Lady Hayter will deal with at the end of the debate. If the Government are so concerned that our suggestion is the same as their suggestion, they can easily support our proposals. I would welcome the noble Lord’s support today. What is being put forward guarantees, and gets, broad support in both Houses. The way to test that is to put it to a vote in the House of Commons, to see if it commands the support of MPs in finding a meaningful way forward.

My Motion today, therefore, is intended to assist the Government. It recalls that this House, by substantial majorities, emphatically ruled out a no-deal exit and called on the Government to act accordingly; and it reflects the mood of the elected House, where MPs have twice voted against the principle of crashing out without an agreement. It asks the Prime Minister to take all steps necessary to ensure that we do not leave without a deal on 29 March. This could include seeking an extension to the Article 50 negotiating period, which would allow time to develop the political declaration in vital areas that have not been given the attention they deserve, such as security co-operation, and, echoing the point made by the noble Lord, Lord Callanan, to pass the legislation that is required, or necessary—he will decide which word to use—to give effect to the final withdrawal agreement.

It would be helpful and in the interest of your Lordships’ House if the Minister could directly address the comments made by my noble friend Lord Foulkes and the noble Baroness, Lady Hayman, on the difference between legislation that is required by 29 March and that which is necessary. I am somewhat lost as to the distinction.

[Lord Foulkes of Cumnock]

Could my noble friend ask the Minister to explain whether it is legislation necessary for a no-deal scenario or for a deal that has already been negotiated?

[Baroness Smith of Basildon]

I am sure that the Minister has heard that, but I think that the Government have had some difficulty of their own in differentiating between what legislation is for a deal and what is for no deal. I am always delighted to receive any further clarification from the Minister, which I am sure the whole House would welcome.

I think we all understand that an extension to Article 50 would require the approval of the EU 27. However, faced with a choice between a limited extension to Article 50 and a no-deal Brexit, there is only one sensible option for both sides. Can the Government now stop dragging their feet, commit to asking for more time and therefore rule out once and for all, so that everybody knows, the most disastrous of all outcomes—a no-deal Brexit? Doing so would reassure citizens that they would not lose their basic rights, as well as businesses and communities. The fear of crashing out with no deal and of the consequences of that is not Project Fear; it is project reality. The Minister has to accept and understand those realities.

The Motion in my name also asks the Government to facilitate a further meaningful vote for MPs by the end of February and, as required under the EU withdrawal Act, to table a take-note Motion in your Lordships’ House. How timely this issue has now become. MPs will have the opportunity to vote on various amendments to a non-binding Motion tomorrow evening. That Motion was promised a fortnight ago to allow Government Whips to pick off potential rebels. Over the weekend, in an attempt to prevent a rebellion this week, the Communities Secretary committed to an extra vote by 27 February, confirmed by the Prime Minister yesterday. However, the exact nature of that vote will depend on the progress, or otherwise, of the negotiations. It could again, as will be the case tomorrow should there be a vote, be completely non-binding.

The Prime Minister is obviously trying to run down the clock and force a decision between her deal and no deal. We had confirmation of that Hobson’s choice last night, courtesy of ITV. It is only by securing a binding vote that MPs can apply the brake before we career off the cliff edge.