European Union (Withdrawal) Bill

Lord Hunt of Kings Heath Excerpts

2nd reading (Hansard - continued): House of Lords
Wednesday 31st January 2018 Lords Chamber

[Lord Hunt of Kings Heath (Lab)]

My Lords, that was quite a contribution from the noble Lord. I must say, when I hear Singapore promoted as the vision that we should aim for, I think it gives the lie to where we are going if this Government continue: a country where deregulation abounds and protections are limited. That is where some noble Lords in your Lordships’ Chamber wish to take us.

I will make three points but, first, I must comment on the remarkable speech by the right reverend Prelate the Bishop of Leeds. He challenged us to show good ways of disagreeing well. I think, on the whole, we have met that challenge.

My first point concerns the appropriateness of this House’s making changes to the Bill before us. The noble Baroness the Leader of the House described it as a technical measure, but, of course, it is much more than that. Why else would she implicitly warn the House not to thwart the will of the people expressed through the referendum? Why else would the noble Lord, Lord Dobbs, suggest we are on the brink of disaster, repeating the error made by your Lordships’ House more than 100 years ago in rejecting Lloyd George’s budget? Even the noble Lord, Lord Strathclyde, felt the need to warn us off using our extensive powers.

I am mindful of convention. I know of no threat to the progress of this Bill. Of course it will pass but, equally, we have every right to make substantive changes to the Bill and to send it back to the Commons to allow them to think again. I hope we do. I hope we will ensure a meaningful role for Parliament at the end of the negotiations; that we will make sure that delegated powers cannot weaken environmental, consumer, health and work protections; that the devolution settlement will be respected and the charter of fundamental human rights retained as part of UK law; and that membership of the single market and customs union will continue.

I come now to the negotiations, because we cannot look at the Bill without looking at the negotiations. The Minister ducked this at Oral Questions today. He has another chance. Whatever else he does in responding to this debate, I hope he will spell out what the Government are seeking in negotiations with the EU. What a sorry state those negotiations are in. The noble Lord, Lord Higgins, put his finger on it yesterday: how can you possibly negotiate effectively with the EU when you will not declare what you want? The noble Lord, Lord Baker, valiantly defended the Prime Minister this evening, but it was she who laid down the red lines right at the beginning that have so constrained the negotiation. Subsequently she has given us no vision and made no attempt to reach out to the 48% who did not vote to leave. Not one effort has she made to speak to the nation as a whole; she has given us no strategy and precious little hope. Whatever her virtues, she is simply not leading at a time when the country is crying out for leadership and to be brought together.

As the chairman of the Commons Brexit Select Committee put it this week, after 19 months no one is any the wiser as to what the Government want from the Brexit negotiations. The Cabinet has not reviewed, evaluated or decided on the desired outcome. The gap between Mr Hammond’s aim of a modest change in the UK’s relationship with the EU and Mr Rees-Mogg’s assertion that close association with the EU is unacceptable is utterly unbridgeable.

That of course brings me to the amendment of my noble friend Lord Adonis. I know some noble Lords feel it is premature. My noble friend Lady Smith, the Leader of the Opposition, was clear on that point, and we heard from the noble Baroness, Lady Falkner, about some practical issues concerned with the second referendum. If, however, the terms of the deal in the end are seen by many as unacceptable, surely we should not close the prospect of the public’s having a final say.

If the rush to trade agreements with third countries is detrimental to our environmental health and food protection, if we cannot achieve a frictionless border for Northern Ireland satisfactorily outside the customs union or the single market, if the economy looks very risky in terms of our trade with the EU in the future, or the dawning reality finally breaks that there is no middle way—or, as the noble Lord, Lord Hill, said yesterday, that you cannot have your cake and eat it—it seems to me, though I am no expert, that it is becoming clearer and clearer that there we face only two options. One is a hard Brexit, on WTO rules, with high tariffs, huge economic risks and a desperate attempt to agree free trade agreements with the US and other powerful countries, where, as a middle-ranking economic power, in the words of the noble Lord, Lord Tugendhat, we will be subject to their extraterritorial reach. Alternatively, we could have some kind of close alignment with the EU, but on EU terms and rules, with little or no influence on those rules, which may well change over time to the UK’s detriment. Neither of those options appears very palatable to me. I certainly say to the noble Lord, Lord Blencathra: none of that was available at the time of the referendum. The noble Lord, Lord Armstrong, said that the referendum was full of half-truths, or at least, as he might have said, the protagonists were economical with the truth. But at some point, the consequences will become very clear. Surely we as a country deserve some say in the outcome.

The noble Lord, Lord Hague, attempted to frighten us this afternoon with the nightmare of a referendum merry-go-round. But what if the voting had gone the other way in the referendum? Does anyone think that passionate Brexiteers would have shut up shop and walked away quietly into the night? As Vernon Bogdanor argued this week:

“If the country is willing to pay the price, a referendum would legitimise Brexit in the only way possible. If it is not, the people have a perfect right to change their mind”.


The noble Lord, Lord Strathclyde—I will finish here—said that the Lords is at its best when opposing the Government but on the side of the people. I thought we were doing that when we challenged Mr Osborne’s working family tax credit cuts, but the noble Lord did not quite take that view then. In the end, surely we have to do what is right. To give the public a chance to decide on the terms of the deal is not anti-democratic. They should be given that right.

European Union (Withdrawal) Bill

Lord Hunt of Kings Heath Excerpts

Committee: 1st sitting (Hansard - continued): House of Lords
Wednesday 21st February 2018 Lords Chamber

Moved by

[Lord Hunt of Kings Heath]

8: Clause 1, page 1, line 3, at end insert—
“( ) Regulations bringing into force subsection (1) may not be made until the Secretary of State has set out a strategy for seeking to remain a member of (or maintain equivalent participatory relations with) Euratom, in order to provide continuity with current arrangements for ensuring an effective nuclear safeguards regime and a secure and consistent supply of radioisotopes for a range of applications in medicine.”

[Lord Hunt of Kings Heath (Lab)]

Follow that, my Lords. If the theme of my noble friend’s previous debate was frustration, the word on my mind is bewilderment. On the first group of amendments, which we spent many happy hours discussing, there was considerable debate about whether the public, in voting to leave the EU, were aware that the Government would interpret that as a decision also to leave the single market and customs union.

Whatever noble Lords’ view on that is, I doubt very much that anyone who voted in that referendum understood that one of the most perverse outcomes of the Government’s approach to negotiation would be summarily to announce that the UK was leaving Euratom. This body has enjoyed an excellent track record over many decades. It was established by the European Coal and Steel Community as far back as 1957, around the time of the first civilian nuclear reactors. It has provided secure access to nuclear materials and technology for peaceful purposes. It has provided research, including co-ordinating funding for world-leading nuclear fusion research, much of which takes place in the UK at Culham. It safeguards nuclear material to ensure that it is being used for civil purposes, in line with our non-proliferation responsibilities. It facilitates free and frictionless trade in nuclear goods, services and people, including regulating the supply of isotopes used in nuclear medicine.

Why is the UK leaving Euratom? This was formally outlined in the Explanatory Notes to the European Union (Notification of Withdrawal) Act 2017, but the reasons for leaving have not been specified. The most likely speculation is because it sits under the jurisdiction of the ECJ, although the ECJ has never, as far as I know, been called on to make any pronouncements in relation to Euratom.

What are the consequences of leaving? I would identify four, and refer noble Lords to the work of the Institute for Government. First, we will have more difficulty ensuring a long-term supply of nuclear fuel to the UK. Secondly, we risk an immediate shortage of medical isotopes. Thirdly, we may no longer enjoy access to research facilities and funding. Finally, the UK will have to establish its own regulator with regard to nuclear proliferation, which will be both costly and challenging.

Let me pick up just two points there: first, interruptions to the supply of medical isotopes. Leaving Euratom risks breaking a series of time-sensitive supply chains which supply isotopes used in nuclear medicine. This is causing a lot of concern to people in the health service. Currently, Euratom facilitates free trade of nuclear material across the EU. This gives a secure and consistent supply. It is used extensively in diagnosing particular diseases and in the relief of pain, particularly in palliative care, and biopic analysis in clinical pathology.

The UK does not have any reactors capable of producing these isotopes, and they decay rapidly, often within a matter of hours or days, so we rely on a continuous supply from reactors in France, Germany and the Netherlands. History suggests that crises in supply can occur. It happened last in 2008-10. That meant that hospitals across Europe had to delay or cancel hundreds of thousands of medical tests. In response, Euratom’s supply agency was given a more prominent role in overseeing the supply chains and ensuring that the crisis did not occur again. Without the support of Euratom, the UK may find it harder to guarantee a supply of these materials to hospitals.

Pressed on this in the Second Reading of the Nuclear Safeguards Bill, which is a parallel piece of legislation that your Lordships are debating at the moment, and which will have its first day in Committee—oh, joy—tomorrow morning, the noble Lord, Lord Henley, who it is good to see in his place, said that,

“changes to our customs arrangements after our withdrawal from the European Union could ... affect the timely supply of medical radioisotopes”,

that the Government were working to minimise that risk and that he was confident that,

“a future customs arrangement with the European Union that ensures cross-border trade in this area is as frictionless as possible”.—[Official Report, 7/2/2018; cols. 2026-27.]

I think anyone who has heard this afternoon’s debate would question the noble Lord’s optimism. He is an eternal optimist, I know, but the reality is that, given the current state of negotiations, and the failure of the Government even to reach an agreement among themselves on what negotiation outcomes should be, this is a very risky prospect indeed.

The final point I want to make is that the Nuclear Safeguards Bill essentially enables the Office for Nuclear Regulation, one of our very own regulators, to take over Euratom’s vital non-proliferation nuclear safeguarding responsibilities. However, because Euratom is doing such a good job, the Government want us to leave Euratom but to remain in total alignment with the standards set by Euratom, even though we are no longer a member. You could not make it up if you tried. But more than that, having said that they want to stick to Euratom standards, they cannot do it because of the precipitate date of March 2019, by which time the ONR has no chance whatever of recruiting enough inspectors to meet those Euratom standards. So what they have decided is that we will not be able to accord to Euratom standards; we are going to accord to the standards set by the International Atomic Energy Agency. According to evidence given by the ONR to the Public Bill Committee on the Nuclear Safeguards Bill a few weeks ago, that means that there is a lower standard and less frequency of inspections.

Everyone agrees that Euratom is a good agency and that its standards are high—higher than overall international standards. The Government themselves say that they want to stick to Euratom standards, although we cannot have any influence over them in future, but we cannot do that in 2019 so we will have to live with lower standards until we can actually recruit the number of inspectors that we need. That is plain daft. It is quite clear that we should stay in Euratom. If we cannot do it, we should make sure statutorily that we are as aligned as we possibly can be.

All of us noted Mrs May’s comments on the European arrest warrant recently, where she accepted that there was a role for the ECJ. What I say to the Government is that Euratom works really well and that, for the sake of a theoretical involvement of ECJ, surely even at this late moment, it is time to accept that the wrong decision has been made and that it would be much better if we stayed within Euratom. I beg to move.

[Lord Broers (CB)]

My Lords, I will be very brief. I did not speak at Second Reading because I thought that the decision to leave Euratom was tied irrevocably by law to our withdrawal from the European Union. I discovered, while participating at Second Reading of the Nuclear Safeguards Bill—as the noble Lord, Lord Hunt, has mentioned—that it was in fact a political decision. I still do not know who made the decision but I regard it as a very serious and damaging mistake, and that is why I wish to support this group of amendments. We should do everything we can to avoid the disastrous consequences of leaving Euratom.

--- Later in debate ---

[Lord Adonis]

My Lords, with respect, that is not a good enough answer. When we return to this at Report, I fear that that it will simply be grist to the mill for all those noble Lords who feel that this is a colossal error that the Government will not even tell the House what power they possess to rectify the error which they have already committed.

[Lord Hunt of Kings Heath]

My Lords, even at this late hour, we have had a good go at the issue. Seeing so many noble Lords here taking such an interest, I invite them to join us tomorrow morning, when we come to debate the Nuclear Safeguards Bill. I thank all noble Lords who have taken part in this debate.

I thank the Minister for his lengthy response, but the reasons he gave for leaving Euratom are simply not credible. He said that we have two distinct treaties. As far as I can see, the only substantive reason he gave why we could not remain a member of Euratom is that all the other members are members of the EU. Presumably the Government’s view is that if we continue to be a member of Euratom with members of the EU, we would in some way be contaminated by having to sit round the table with the countries with which, according to the Q&A which the noble Lord, Lord Carlile, has obtained, we wish to have a very close and fruitful relationship in future. We will see.

The Government’s position is inane. They have decided that we are going to leave Euratom, but we must maintain the same standards as Euratom and keep a close and warm relationship with the agency. The problem that we face, which is very serious indeed, is the issue of confidence, as the noble Earl, Lord Selborne, said.

I am a passionate believer in the contribution that nuclear energy can make to this country. We were the first country to develop civil nuclear energy. We completely screwed it up. We failed to take advantage of that lead. We have made foolish decisions on nuclear two or three times since then. My fear is that this will come to be seen as another very foolish decision, putting at risk this industry, which we have a chance—even given that we are relying on the French and on Chinese finance to do it—to restart with new nuclear, develop a supply chain and use the incredible skills we still have in nuclear engineering. The risk is that by doing what the Government are doing, alongside some of the financial uncertainties, we will put at risk the development of new nuclear. That would be an absolute tragedy.

The Minister basically says that all will be well, everything will be done to ensure continuity and, essentially, we can maintain the same processes and standards as we have had in the past. But the problem is—and it is why the noble Viscount, Lord Trenchard, suggested earlier that we need to remain a member of Euratom, at least in the interim—that the ONR, in which I have a great deal of confidence, has clearly stated publicly to the Commons Bill Committee that there is no way that it can recruit and train the number of inspectors that it needs to be able to maintain Euratom standards by March 2019. Alongside that, with the amount of work that would have to be done in negotiating new treaties and understandings with a series of countries, there is simply not the capacity to do it. We are greatly at risk in terms of public confidence in nuclear safeguards, which in turn undermines public confidence in the development of new nuclear.

I am grateful to all noble Lords who have spoken. We really have to come back to this as a substantive issue on Report. In the meantime, I beg leave to withdraw my amendment.

Amendment 8 withdrawn.

European Union (Withdrawal) Bill

Lord Hunt of Kings Heath Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Monday 26th February 2018 Lords Chamber

Moved by

[Lord Hunt of Kings Heath]

10: Clause 1, page 1, line 3, at end insert—
“( ) Regulations bringing into force subsection (1) may not be made until the Secretary of State has set out a strategy for seeking to remain a member of, or a strategy seeking to maintain equivalent participatory relations with, Erasmus+ and Horizon 2020 and Horizon 2020’s successor programmes.”

[Lord Hunt of Kings Heath (Lab)]

My Lords, we now come to an amendment which concerns two EU programmes which are clearly at risk as a consequence of the Brexit withdrawal. The first is Horizon 2020, which is a major funder of research, principally in our universities. One cannot talk about this funding programme without making reference to the impact on the UK economy.

I remind the Minister that the Government’s industrial strategy sets a goal for the UK to have the world’s most innovative economy. It states that we are recognised as a global leader in science and research but that neither the Government nor the private sector are investing enough in R&D. As the Government’s paper points out, we spend 1.7% of GDP, compared with 2.8% in the US and 2.9% in Germany. Commendably, the Government have set the goal to raise total research and development investment to 2.4% of GDP by 2027. They state their intention to work with universities and research institutes to increase global investors and R&D activities taking place in the UK. That is highly commendable but also challenging in the context of Brexit.

There are a number of factors in this. First, I hark back to our previous debate on regulation. The Minister says that because 90% of medicines in use in the UK are licensed by the MHRA, we should not worry if there is no deal, and the MHRA becomes a stand-alone regulator. That misses the point that any medicines licensed by the MHRA in this country can then be taken to be licensed throughout the EU. The reason is that we play by the same rules. Unless we reach a mutual recognition agreement with the EU, it is absolutely clear that pharma’s investment in research in the UK will fall dramatically. It is not just regulation, it is funding, it is multicentre research collaboration, it is research policy and it is movement of researchers.

At the moment, many of those research programmes are at risk, none more so than Horizon 2020. This is a programme which funds major research in our universities. Rather like the UK’s general research position, we have a hugely impressive number of universities engaged in high-quality research. We know that despite the relatively low share of global investment in R&D, UK research accounted for 50% of the world’s most highly cited research articles. Part of that success has been in attracting more than £1 billion from overseas every year, with £840 million coming from the EU in 2015-16. Horizon 2020 is the biggest EU research and innovation programme and the UK has done very well out of it. It is the second in order of recipients of that programme within the EU. Around 15% of funds allocated from Horizon 2020 have gone to the UK. Indeed, Cambridge, UCL, Imperial and Oxford universities are the top four recipients to date. Other universities, including Edinburgh, Manchester and Birmingham have also done well.

Clearly, the question is: what will happen with withdrawal from the EU? At the moment, the position is that UK researchers will remain fully eligible for EU funding for at least the next 17 months. The Government have given a guarantee to pay out any funding applied for and awarded before we leave. But, of course, the question is: what happens post 2020? The Government’s position on that is non-committal. We have had positive messages from the Prime Minister in her Lancaster House and Florence speeches, and in the Government’s science and innovation discussion paper, but since then, there has been no clarification at all of the UK’s status in relation to this funding after Brexit.

Of course, the worry is that simply the loss of funding will have a big impact on our research capabilities and also collaboration with European universities. My amendment would ensure that we either remain a member of, or seek to maintain some kind of participatory relations with, Horizon 2020 and its successor programmes. I should say that part of the problem is that if academics do not know, it is very difficult for them to plan research collaborations with European universities going beyond the due date. Any week lost in terms of uncertainty is sure to put some of those programmes at risk.

I propose a similar approach in relation to the Erasmus+ programme. I should have thought that, post Brexit, the need to encourage young people from the UK to maintain and develop links with the rest of Europe is self-evident if we are to avoid drifting apart from the continent. Yet our withdrawal from the Erasmus+ programme could make that more difficult. This EU-funded scheme has enabled 600,000 people from the UK to go abroad to study, train or volunteer over the last 30 years. It is open to education, training, youth and sports organisations across all sectors of lifelong learning, including school education, further education, adult education and the youth sector, as well as higher education, for which I suspect it is most well known. For young people, this has had a hugely positive impact, leading to better job prospects and lower unemployment. The British Council, which oversees it, reports that young people who participate in international opportunities return with increased language and intercultural skills.

The programme is not just about the EU—it has enabled UK universities to develop new or to reinforce existing partnerships with universities in Asia, Latin America and the US. The British Council believes that the UK should seek to remain in a successor Erasmus+ programme, and I very much agree with that. If we do not, the UK will have to set up numerous bilateral relationships which will be time consuming and costly, and frankly, I doubt the capacity of government to be able to do it any time soon. Here we have an entirely positive programme, enabling young people from this country and other countries of the EU to enjoy fulfilment and open their horizons. I should have thought that at least in this programme, it would have been possible to agree our future participation. I hope the Minister will be able to confirm that. I beg to move.

--- Later in debate ---

[Lord Callanan]

As I said, I am fairly certain that we will want to continue to welcome as many students and researchers as want to visit this country in future, but, as I am sure the noble Lord will understand, I cannot speculate on what a future immigration policy might be before it has been announced by the Home Office and published by the Government.

Nevertheless, let me say for the avoidance of doubt that I have heard the message from all parts of the House and I will certainly reflect on these matters before we come back to the issue on Report. I understand that there are very strong feelings from all parts of the House about these issues and we will certainly see what we can do about that.

[Lord Hunt of Kings Heath]

My Lords, first, let me say that I welcome the Minister saying that he will reflect on this debate, because I think it is the first chink of light from him on any of these important debates in Committee. It has been a remarkable debate. We have heard from many noble Lords about the importance of the Erasmus programme. I agree with my noble friend Lord Adonis: the noble Baroness, Lady Brown, speaking from huge experience as a former vice-chancellor of Aston University of the impact that Erasmus has had on the students who go to Aston and the way it has widened their horizons, is for me one of the most important illustrations of why future participation by the UK in Erasmus is so important.

On research, again, my worry is that the Government are hugely complacent about the UK’s position. Consider the consequences of uncertainty over Horizon 2020, which is having an impact on universities at this very moment in terms of collaboration on future research bids. Even where European Union universities will still collaborate with UK universities—and it is by no means certain that they will continue to do so in every case—they are reluctant for UK universities to be in the lead. Added to the uncertainties about the movement of both academics and students, we are entering a hugely uncertain position for a very important sector.

I listened with care to what the Minister said. To be fair, he has said that the Government value both Erasmus and Horizon 2020 and he repeated the Prime Minister’s comments, particularly in relation to Horizon 2020. He then said that while he values these programmes, the EU is working out the next stage of both Erasmus and Horizon 2020, that the UK is part of some discussion about that but they will form part of the negotiations and that there is nothing more he can say.

I think there is something more that the Minister can say. I think it is without question that it is in our national interest that we continue wholeheartedly to take part in those programmes. Thinking about the negotiations and the UK Government’s tactics, this niggardly, churlish approach does not seem to be getting us very far. This Government would attract a hell of a lot of good will if in relation to just these two programmes they said, “Whatever, we are going to stick with it, and we will make good any deficiency in UK university research programmes if the price of sticking with it means that we will get less than we did in the past”.

The whole Committee—almost all Members—really wants these programmes to continue. We will obviously come back at Report. The Minister has kindly said he will reflect on it. I very much hope that he will do so. I beg leave to withdraw the amendment.

Amendment 10 withdrawn.

European Union (Withdrawal) Bill

Lord Hunt of Kings Heath Excerpts

Committee: 7th sitting (Hansard - continued): House of Lords
Wednesday 14th March 2018 Lords Chamber

[Lord Adonis]

If knowing anything about issues was a criteria for voting, we would need the noble Lord sitting in the judgment of Solomon over every member of the electorate to decide whether they qualified for the franchise. Being a conservative, he would probably approve of that, but we tend to have more objective criteria.

What we need in this country is to get young people more systematically engaged. A number of members of the noble Lord’s party in the House of Commons, including two former Secretaries of State for Education, are now in favour of votes for 16 and 17 year-olds, and there appears to be a majority in the House of Commons. I very much hope—and this could be the ultimate irony of Brexit—that the first time that 16 and 17 year-olds get to vote in a poll in this country is in a Brexit referendum held early next year, where they make the decisive difference in the decision this country will take to stay in the European Union. If so, the noble Earl’s great ambitions may be realised to an even greater and more positive extent than he may realise.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I should welcome the long-term political suicide of the party opposite in its failure to embrace the wishes and ambitions of young people, but the tragedy is that those young people will be most affected by its approach to Europe and to Brexit. This approach seems to be driven by some wistful look back at this country’s imperial past. It is interesting that the noble Lord referred to Australia and Canada, because that seems to be the basis of the party opposite’s approach to negotiations—we will pass up the market that is on our doorstep for the sake of some ludicrous imperialistic notion. How many times do we hear members of the party opposite refer to Australia, New Zealand and Canada in the media when push comes to shove as to where they are going to get these mystical trade agreements?

[Lord Robathan]

Much as I like all three countries that the noble Lord just referred to, the facts are that I have a niece studying in Australia and another in Canada. Sadly, I have none studying in France or Germany at the moment.

[Lord Hunt of Kings Heath]

My Lords, I rejoice in the success of the noble Lord’s family, though I do not think it takes away the point.

[Lord Robathan]

It takes away the noble Lord’s point.

[Lord Hunt of Kings Heath]

I do not think so. The point I am making is that the party opposite’s visceral hatred of the EU and its obsession with past glories is taking us down a path which will have a hugely negative impact on many young people.

The noble Earl, Lord Clancarty, moved this amendment to see whether the Minister has been able to reflect on our earlier debate. Perhaps I may take him back to the debate about the Erasmus programme on 26 February. The Minister may well recollect that he made some encouraging noises about the value that the Government place on that programme. He then went on to say that,

“no decisions have yet been made about post-2020 programme participation as the scope of that programme has not been agreed”.—[Official Report, 26/2/18; col. 478.]

If only the Minister would go a little further and say that it is the Government’s intention that this country will participate in the post-2020 Erasmus programme, that would give some grounds for optimism among young people who need to make a decision very soon about applying for the programme because it will take them past 2020. He would do them a great favour were he to do so.

European Union (Withdrawal) Bill

Lord Hunt of Kings Heath Excerpts

Committee: 8th sitting (Hansard - continued): House of Lords
Monday 19th March 2018 Lords Chamber

[Baroness Finlay of Llandaff (CB)]

My Lords, I support the amendment. I remind the House that many of these inventions in the biomedical sphere actually happen in academic clinical departments. That is where the idea comes—the bright spark of invention. They will establish whatever the device is, and then often it will be a spin-out company from the university that will start to develop it. These new devices are getting smaller and smaller so they are getting into smaller blood vessels or parts of the body to do things that, when I graduated in medicine, were unimaginable.

However, in order for a company to be able to go out and market the device, it has to be able to go through all the rigorous testing procedures that the noble Lord, Lord Warner, outlined. So if we create yet another barrier and another difficulty, the bright sparks are not going to stay here because other universities are already looking at them. Those universities want them and their inventiveness; in Europe they are very attractive commodities. We have to remember that a part of our economy and our economic strategy has depended on our science, and our biological sciences in particular. We have a unique situation with the NHS where we have a broad patient population that is different from some of the other ways in which healthcare is organised and allows such innovation to happen here.

[Lord Hunt of Kings Heath (Lab)]

My Lords, this has been an excellent debate. Here we have a successful and innovative industry with lots of SMEs involved, but their very future is at risk because of the approach that the Government are taking to Brexit. We need to be clear about this. The noble Lord, Lord Empey, talked about CE marking and the notified body. What is crucial is that the CE marking is a logo placed on medical devices to show that they conform to the requirements of the various EU directives. The notified body is an organisation that has been designated by an EU member state to assess whether manufacturers and their medical devices meet the requirements set out in legislation. As part of our being within the EU, the Medicines and Healthcare products Regulatory Agency is the designated competent authority in the UK. That sets out the legal position and why it is so important in terms of both patient safety and the ability of UK companies to do business in the rest of the EU and market some of the most extraordinary machines, devices and developments that have been seen in the world.

Here we come to the point where there is such a risky position for our companies. To take the point of the noble Lord, Lord Deben, we should look at Mrs May’s Mansion House speech, where she referred to the fact that the Government,

“want to explore with the EU, the terms on which the UK could remain part of EU agencies such as those that are critical for the chemicals, medicines and aerospace industries”—

and she mentioned the European Medicines Agency by name, although, extraordinarily, not Euratom, which we will come to debate later this evening and tomorrow. She went on to explain why we should be seeking associate membership of the European Medicines Agency and the other agencies named. She said:

“First, associate membership of these agencies is the only way to meet our objective of ensuring that these products only need to undergo one series of approvals, in one country. Second, these agencies have a critical role in setting and enforcing relevant rules … Third, associate membership could permit UK firms to resolve certain challenges related to the agencies through UK courts … Fourth it would bring other benefits too. For example, membership of the European Medicines Agency would mean investment in new innovative medicines continuing in the UK, and it would mean these medicines getting to patients faster as firms prioritise larger markets when they start the lengthy process of seeking authorisations”.


If ever I have heard a convincing case for remaining a member of the EU, the Prime Minister set it out in her Mansion House speech. The point is the one that the noble Lord, Lord Deben, made. We are going to beg for associate membership. As the Prime Minister said, we will follow the rules and pay the cost, but we will have no say in the rules that are being set. At the moment, the MHRA is one of the most effective negotiators in the EU, so when it comes to medicines safety or devices, the UK has a huge influence. That means a big advantage for UK companies, because it has in mind the interests of the UK as a whole.

We are to throw all this away and be supplicants at the altar of those agencies, because the Government have woken up to the fact that they cannot let those industries go down, so they will have to negotiate associate membership. It will be on EU terms, because they are a lot bigger than we are. We will have to abide by their rules but no longer will we have any say in how those rules are developed. As the noble Lord, Lord Deben, said, we are trying to negotiate the least worst option, but it is a worst option.

It is a wholly depressing picture: this Government seeking to destroy so many of our innovative industries through their obdurate and ignorant approach to the way industry, the UK and the EU work. The noble Lord, Lord Empey, has done us a great service tonight by letting us debate this important issue. It would be nice, would it not, to hear a proper response from the Government to show that they recognise the problems that they are now causing for British industry?

[The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Duncan of Springbank) (Con)]

My Lords, this medical device amendment has been deemed a probing amendment, and I can tell the noble Lord, Lord Empey, that I feel well and truly probed by the comments made across the Chamber this evening.

The noble Lord, Lord Deben, made a number of sweeping statements, which of course are accurate, about the response that I must give at this point. He will not be surprised to know that. We have agreed today the beginning of a journey with regard to the transition. I sought confirmation again that medical devices and the CE framework are included in that transition, and indeed they are, so I can give that assurance just now. The noble Lord, Lord Deben, will also be aware that the matters that we have discussed this evening must necessarily be a matter for negotiation. I am sure he will understand why that is so, also.

Were I to stop there, the Committee would rightly be disappointed. This has been a wide-ranging debate touching on a number of points. The noble Lord, Lord Hunt, in summation, raised the Mansion House speech delivered by my right honourable friend the Prime Minister. That speech is a recognition of the importance of mutual recognition, what it means and why it will be important after we leave the European Union.

As a Member of the European Parliament, I sat on the Environment, Public Health and Food Safety Committee when the medical devices and in vitro question was being debated, and I was aware how important that forum was for determining particular standards. I am also aware of the importance of the United Kingdom’s innovation in medical devices. It is global in its reach and import and is extraordinary in what it can achieve. I am aware that, as we exit the European Union, we must secure mutual benefit to both sides. I do not accept the assertion that this is a moment when big means right. We are seeking an outcome that is right for those who would seek the comfort and necessity of what those medical devices must be and can achieve for them.

[Lord Hunt of Kings Heath]

Will the Minister explain to noble Lords what effect mutual recognition would have? Can he explain how the UK will have as much influence on those rules in the future, outside the EU, as it does now, as a key member of it? Or does it mean that, in effect, we will simply have to follow the rules set by the EU?

[Lord Duncan of Springbank]

I thank the noble Lord for his question. I am again reminded of the importance of the United Kingdom’s academic sector and the academic excellence which it creates, not just in the wider area of science but specifically in medical science. I am aware of how important that innovation is and believe that, right now, it should be able to speak for itself in the negotiations and discussions in terms of the wider recognition and import of what they represent.

I am conscious that, as we embrace the challenges which lie ahead—

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[Baroness Neuberger (CB)]

My Lords, I support this amendment, which is in the name of my noble friend Lord Warner and others. It has been nicknamed, as everybody knows, the “do no harm” amendment although perhaps, more accurately, it should be the “do not roll back” amendment. I declare interests as an honorary fellow of the Faculty of Public Health—I too wish to thank the faculty and staff for its briefing—and as a former chief executive of the King’s Fund.

Much has already been argued, and I will not repeat any of that; it is late, and there are more amendments to come. However, I lay on the line that, as was asserted by the noble Lord, Lord Deben, in the debate on the amendment on medical devices, this is a moral issue. “First, do no harm” is a moral imperative taught to all medical and healthcare students, and this amendment makes it clear that those hard-won advances in public health as a result of EU legislation and regulation must not be rolled back, for whatever reason, be they air quality, tobacco packaging, alcohol pricing or whatever else that has been raised from around the House. The Government have given assurances that all will be well. However, as my noble friend Lord Warner has already said, we need more. We need this in the Bill. I cannot remember the public health community coming so strongly together on anything since tobacco packaging. This matters hugely to those who work in the area of public health, and it should matter to all of us. There is concern out there, and a moral imperative in the amendment. I support it strongly.

[Lord Hunt of Kings Heath]

My Lords, this has been an interesting debate, and we have identified some of the challenges that we face in public health: air quality, environmental standards, food standards, accidents, infectious diseases and, indeed, huge health inequalities. I listened with interest to the noble Baroness, Lady Oppenheim-Barnes. Overall, I disagreed with her. Of course, you can pick out some regulations from the EU with which one might disagree or think that they do not go far enough, and she identified an issue around labelling. Overall, however, the EU has been generally helpful and a force for improvement in public health. I mention in particular air quality, because that is one clear example where it has pressed this country hard on our very poor performance. Governments have started to do something about it only because of the fines we face. There are other examples as well.

The fear expressed so well by noble Lords—I too pay tribute to the Faculty of Public Health for its briefings on this—is that without EU law, and in the context of already significant reductions in public health budgets, we will see a gradual erosion over time of our important public health legislation. The noble Baroness, Lady Finlay, and others mentioned food safety as an example. The Minister will no doubt tell us that he cannot say anything substantive because of the process of negotiations; he has said that a few times before. However, one of the fears clearly is that in the Government’s haste to negotiate a deal with the US—they are desperate to do so, for obvious reasons—when it comes to it, things like some of the food standards we have at the moment will go by the board. We know that that will happen because they have to produce a US trade deal; they have no option but to do it. They are so weak compared to the US in terms of the negotiation that it is quite likely that some of those standards will have to be thrown away.

That is why this amendment has been brought forward tonight. Ministers have helpfully discussed this amendment in meetings with some stakeholders. I know Ministers may say that the Secretary of State already has the powers set out in the amendment. However, as the noble Lord, Lord Warner, said, the amendment would place a duty on the whole of the Government to do no harm. That is a very important distinction. Importantly, it would also place a duty on other public authorities, including the devolved nations, so I believe that it goes further than current legislation. It is relevant to the European Union (Withdrawal) Bill, not just to a theoretical health and social care Bill which may be introduced at some point.

Other noble Lords have talked about the Lisbon treaty and the impact upon it. The amendment essentially seeks to ensure that there is a legal precedent and interpretive guidance on which to draw when determining the meaning of the proposed new clause, but, as I understand it, it does not seek to preserve EU law and regulation. Therefore, it would be for the British courts, on the basis of our doctrines of parliamentary sovereignty, to decide the future interpretation of the law.

This has been a very important debate. The Minister has to recognise that there is real concern that the Government’s desire to negotiate agreements with other countries will lead to them having to agree to reduce some of our essential public health standards. This amendment seeks to provide a guarantee and assurance that this will not happen. We should very much welcome it.

[Lord Duncan of Springbank]

I thank the noble Lord for his comments. I will start where he finished: no, we are not going to do that. I am afraid that is not the Government’s purpose. There will be no rollback of these standards because they are at the heart of what we believe to be right and proper. A number of noble Lords have implied that what has been proposed will be the case. I assure them that is not the case.

My noble friend Lady Chalker is right to stress the leadership role that the United Kingdom has long had in the area of public health. Indeed, that leadership role has been a beacon to not only the EU but its member states. As someone who currently lives in Edinburgh, I recognise the role that Scotland has had in pushing forward boundaries which are only now being adopted in certain parts of the world. It is important to stress that we are not in any way diminishing our regard for public health. Indeed, in bringing across the corpus of European law, those matters will rest in our statute book and will therefore be removable only by the other place and by this place.

Before I address some of the more substantive points, it is important once again to look at the EU itself, mostly in the area of public health. The noble Lord should be aware that public health has not been a core competence of the EU. Indeed, many of the aspects of public health have rested elsewhere within the statute books. Noble Lords will be aware that we have known about the pernicious and deadly impact of tobacco for many years, yet it is only in the last five years that the EU has phased out subsidies for tobacco growers.

I was a member of the European Parliament and sat on the environment committee. I also sat on the committee that investigated a scandal that came to be known as “dieselgate”. Noble Lords will be aware of exactly what that represented. At the heart of the EU, a major organisation installed cheap devices in vehicles that were specifically intended to undermine the core air quality standards. We should again remember that that was uncovered by an American public body, not by the EU’s body, which is in itself a borderline scandal. Further, we must also recognise that Volkswagen has compensated car owners in the US but has not in any way compensated car owners in the EU.

I am reminded also of the traceability of food and the horsemeat scandal, which riddled the EU. High standards are important only if they are met, and they must be met in each and every instance. Far too often we have found across the EU some of the most rigorous standards on paper that there could ever be, yet their enforcement is dreadful and woeful. Indeed, I am nearly certain that when we leave the EU the mean standard of public health will fall in the remaining states, so important is the contribution that we make to the wider question of public health.

When we look at the role of global standards and something like the recent Ebola outbreak, it was not the EU that pushed at that standard but France and the UK. They recognised an obligation to deliver against that pernicious pandemic. I believe we also need to recognise that the UK has been at the cutting edge of driving forward public health.

The noble Lord, Lord Warner, said that I might suggest that his amendment was vague. It is not vague; it simply duplicates exactly what the Government—indeed, not just this Government but every Government—have long said and long held to be dear. At the heart of good government must be the preservation of public health. It must be a cornerstone not just in the UK Government but in the Governments of the devolved Administrations, which in some respects have been brought into the ambit of the report. We need to recognise that.

Perhaps I may touch upon some of the other issues that have been brought into this wide-ranging debate. I reiterate that many of the aspects that we are touching on here will necessarily be part of ongoing negotiations, but I assure noble Lords that it is this Government’s intention to secure the highest possible engagement on matters of wider public health. I thank the noble Lord, Lord Patel, for bringing up a number of the areas that I believe the Government need to look at carefully—how we continue our collaboration, how we ensure that we can co-operate and how we can maintain that high standard. We can do so by sharing practice on both sides, because we both have a great deal to contribute and each will be the poorer for the absence of that collaboration.

It important for me to stress that the Secretary of State for Health and Social Care has a statutory duty under the National Health Service Act 2012 to protect the health of the public. A number of noble Lords have raised that, as indeed has the briefing from a number of sources, not least the Royal College of Physicians of the United Kingdom. Of course we are going to argue that the Secretary of State for Health and Social Care already has these powers, and it is his intention to hold them to the highest possible standard. I stress that, although there is an equivalent duty under the NHS—

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[Lord Hunt of Kings Heath]

My Lords, that was a mischievous intervention by my noble friend, which the noble and learned Lord has dealt with eloquently from his place.

It seems to me that this is a very important question and the noble and learned Lord is surely right: obviously, this country developed the first peacetime nuclear plant at Sellafield—or Windscale, or Calder Hall, even—and we blew that. We blew our leadership completely. We have though, with nuclear fusion, still great potential and we are at risk of throwing that away as well. That is why this is such an important amendment and discussion. It would be a tragedy if we lost the current expertise that we have, and I hope the noble Baroness will be able to say something about that.

I echo what my noble friend Lord Liddle said: we have had a number of debates about Euratom now, but there has never been a straight explanation as to why the Government decided they had to leave Euratom even though we were members of Euratom and Euratom existed before the EU. The noble Viscount, Lord Trenchard, is critical of Euratom, but the fact is that the Government—his Government—are saying that we want to maintain nuclear safeguards in consistency with Euratom, but we cannot do so at the beginning so all we can promise to do is to maintain the standards of the IAEA, which as the Office for Nuclear Regulation told the Public Bill Committee in the other place will mean fewer inspections at lower intensity. So we have this remarkable situation where the Government have decided, for no reason that anyone can understand, that we are going to leave Euratom, but because we think Euratom is such a good institution our aspiration is to keep to Euratom standards. However, we cannot do it: because the UK cannot get the number of inspectors in place to maintain those standards, we are going to keep to the reduced standards of the IAEA. We find ourselves in a quite extraordinary position.

I turn to the speech given by the Prime Minister at the Mansion House just a couple of weeks ago. She differentiates between some EU agencies and others. So, in her speech, she says:

“We will also want to explore with the EU, the terms on which the UK could remain part of EU agencies such as those that are critical for the chemicals, medicines and aerospace industries: the European Medicines Agency, the European Chemicals Agency, and the European Aviation Safety Agency”.


However, when she talks about energy, she simply talks about having “a close association” with Euratom. I ask the noble Baroness why, when is it is quite clear that the Government are going for associate membership of a number of agencies, such as the EMA, which means accepting their rules but having no influence over those rules, in the case of Euratom, which I would have thought, frankly is as crucial as the European Medicines Agency or the European Chemicals Agency, all we are seeking to do is to have a close association. It would be very helpful if the noble Baroness would explain what is it about Euratom that the Government seem so determined to leave and not seek associate membership, when it is an agency whose standards we aspire to keep. It is a puzzle that, despite the help of Ministers on this Bill and the Nuclear Safeguards Bill, we still do not understand.

[Lord Teverson]

Before the Minister stands up, perhaps I might ask for some clarification. The draft transition agreement was published today. I read through what it says on Euratom—it is in green, meaning that it is completely agreed apart from any legal, bureaucratic changes that might be made, yet I am still unclear from that document whether during the transitional period the ONR is responsible to the International Atomic Energy Agency for safeguarding in the UK or Euratom continues to be responsible under the acquis. I ask the Minister to clarify that tonight—it must have been agreed because it is in green—so that we are clear for the debate tomorrow.

European Union (Withdrawal) Bill

Lord Hunt of Kings Heath Excerpts

Report: 2nd sitting (Hansard): House of Lords
Monday 23rd April 2018 Lords Chamber

[Baroness Jolly (LD)]

My Lords, I shall speak very briefly. I totally agree with what the noble Baroness has just said. This debate seems very much like the one we had during the passage of the Health and Social Care Bill about parity of esteem for mental and physical health. We were told by the Government that we did not need to have it in the Bill; we could assume that they would treat mental and physical health equally. That patently had not been the case. You might wonder whether they are treated in the same way now but the intention to treat them the same way was put in the Bill and so is on the record. This is very similar. The Government are saying: “We do not need this. You can trust us”. We might possibly trust the current Government. I see no reason why in most instances we should not trust them, but there are Governments coming down the track who may not be as reliable and trustworthy as the current one. So my instinct at the moment is to listen to what the Minister says when he winds up the debate on this amendment, but I would rather that it was in the Bill than not.

[Lord Hunt of Kings Heath (Lab)]

My Lords, this has been a short but very interesting debate. The noble Baroness, Lady Jolly, really put her finger on it when she talked about trust. It seems to me that there are two threads running through the argument. The first is the legal one, about which the noble and learned Lord, Lord Mackay, has spoken so eloquently. Then there is the issue of trust in the Government on public health. In a sense, the two run together.

The Minister is not a Health Minister, and I have to say to him that the reason for the lack of trust is the Government’s record. First they transferred public health in England to local government and then they slashed the budget, which means that even essential public health services are struggling to be performed effectively. Secondly, there is the Government’s reluctance to legislate in the areas of public health, preferring voluntary agreements with the food and drinks industry and so on to deal with things such as alcoholism, obesity and other public health issues. Thirdly, there is the fear about future trade deals—when it comes to it, the Government will be so desperate for trade deals with countries such as the US that public health and farming interests will be swamped by the desperation to reach a deal. That surely is one of the risks.

None the less, this is a debate on the terms of the amendment. I found the Minister’s intervention very helpful. I also found the intervention by the noble and learned Lord, Lord Mackay, helpful. However, this has only just come and I would like time to consider it. The noble Lord, Lord Warner, will make his mind up as to whether he pushes this to a vote tonight. It would be extremely helpful if the Minister would indicate that if we ask for time to look at the detail of his intervention, we could bring it back at Third Reading. That would be a constructive and very helpful outcome to the debate.

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[Lord Hunt of Kings Heath]

Perhaps I may ask the Minister to clarify what he said about providing no comfort. Speaking for the Official Opposition and, I think, for the Lib Dems, we have not had sight of the intervention that the Minister made this afternoon. I found that intervention helpful, as was the interpretation given by the noble and learned Lord, Lord Mackay. I am suggesting to the House and to the noble Lord, Lord Warner, a way forward. If the Minister agrees that this matter can be brought back at Third Reading, we will have time to read that intervention. I think that that is a constructive response from the Opposition Front Bench. The noble Lord, Lord Warner, will have to decide what to do but clearly, if we are not allowed to come back to this at Third Reading, we will probably have to test the opinion of the House. It seems to me that a sensible, consensual way forward is to give us time to look at what the Minister said.

[Lord Mackay of Clashfern]

My Lords, perhaps I may break the rules of Report and intervene. The Government have said repeatedly that they cannot do anything about this or that. They have said, “If you want to vote on this, you have to do it now and not at Third Reading”. However, this is a rather different situation in that their position has been made clear rather close to dealing with this amendment, and it is only reasonable that the House should be given an opportunity to study it. I do not think that that would be a breach of the general rule that we try to get rid of everything before Third Reading, and I do not anticipate that those who have tabled the amendment will want anything else.

An important point is that the amendment has raised an issue which I think the Government now accept is covered by the terms of the Bill as it was—the principle of the value of human health recognised in EU law. They have accepted that and the Bill carries it forward. It is only right that those who have brought forward the amendment should have the opportunity to study what has been said. I know that that is not in accordance with the general rule that the Government have set for Ministers but I think that this is an entirely exceptional circumstance, and I will certainly be very disappointed if, instead of getting an agreement, which I believe we have, we have an unnecessary vote.

European Union (Withdrawal) Bill

Lord Hunt of Kings Heath Excerpts

Report: 4th sitting (Hansard): House of Lords
Monday 30th April 2018 Lords Chamber

[Lord Puttnam (Lab)]

My Lords, having not pressed my amendment on a very similar subject in Committee, I would like to speak briefly in making one point. The word “overwhelming” has tortured this House over the past many months—the notion that somehow or other the 52:48 majority was overwhelming. According to the Oxford English Dictionary, overwhelming equates to massive; it is not massive—it is narrow and marginal. What is overwhelming is the overwhelming support for remain from young people generally in this country, amounting to around 70% of all young people and 80% in the case of young people with graduate degrees.

The point that I would like to make to the Minister—and I hope very much that he might agree with this—is that those 80% of young people are the ones we will absolutely rely on to drive this country post Brexit to any form of economic success. We are going to absolutely rely on them, so do not diminish their feelings, emotions and belief in Europe by pretending that in any way, shape or form that the narrow victory in the referendum represents the views or wishes of the overwhelming majority of young people in this country.

[Lord Hunt of Kings Heath (Lab)]

My Lords, the noble Earl has done a great service in bringing this amendment back after a very good debate in Committee. Although much of the focus tonight has been on Erasmus, his amendment actually goes wider. However young people voted in the referendum, and whatever the outcome of the Brexit negotiations, the Government have said that post Brexit they want a closer partnership with the EU. Given that, there is a mutual interest in ensuring that young people enhance the opportunities that they have to work, enjoy, travel and get experience between ourselves and countries of the EU. The Erasmus programme is, of course, vitally important in that regard. The noble Lord, Lord Bilimoria, can speak with great experience, and he will know that since its start 600,000 young people, mainly, from the UK have taken advantage of it.

The Minister was sympathetic in Committee; he made it clear that the Government would expect that opportunities that arise for mainly young people will continue in future. But I want to bring him back to the point that the noble Earl raised, which was that he said that the Government would need to see what the successor programme was to Erasmus before committing on whether to support it or not. Tonight’s debate is really about encouraging the Minister to say that, of course, first of all, we should be talking to the EU about the successor programme. Secondly, whatever the technical details, it would be inconceivable that this country, one way or another, would not wish fully to embrace the successor to the Erasmus programme. I very much hope that the Minister will be able to signify that because he took a constructive approach in Committee, he will go just that little bit further and give us that kind of commitment.

[Lord Callanan]

I thank the noble Earl, Lord Clancarty, for the opportunity to discuss these important issues yet again. However, the purpose of the Bill is to provide a functioning statute book on exit day, regardless of the outcome of negotiations. It is our intention that the planned withdrawal agreement and implementation Bill will implement the major elements of the withdrawal agreement, which will include the agreement on citizens’ rights. This amendment seeks to make it an objective of the Government to achieve a particular outcome in the negotiations on our future relationship with the EU, effectively tying the Government’s hands. It is focused on the withdrawal agreement, but these matters are for our future relationship with the EU, which this Bill does not seek to address.

We have been clear that, after our exit from the European Union, there will continue to be migration and mobility between the EU and the UK. We have agreed an implementation period based on the current structure of rules and regulations. This will mean that UK nationals will be able to live and work in the EU as they do now until 31 December 2020. Looking to the future, the Prime Minister has set out her vision for our deep and special future partnership with the EU. She acknowledged that UK nationals will still want to work and study in EU countries, just as EU citizens will want to do the same here, helping to shape and drive growth, innovation and enterprise. She made it clear that businesses across the EU and the UK must still be able to attract and employ the people they need, and that the Government are open to discussing how to facilitate these valuable links.

Our science and innovation policy paper, published in September, said that we will discuss with the EU future arrangements to facilitate the mobility of researchers, academics and students engaged in cross-border collaboration. It remains in our best interest to ensure that businesses across the EU and the UK continue to be able to attract and employ the people they need. As has been said many times in this Chamber, and in the other place, we recognise the value of international exchange and collaboration through both work and study placements abroad. That applies to students from the EU and from many other parts of the world as well. Increasing language skills and cultural awareness aligns with our vision for the UK as a global nation. We will continue to take part in the specific policies and programmes which are to the UK’s and the EU’s joint advantage, such as those that promote science, education and culture.

As the House will now be well aware, no decisions have yet been taken on UK participation in the successor Erasmus+ programme after 2020. As I said in Committee, this is simply because the scope of the future programme has not yet been agreed. In response to the specific questions from the noble Earl, Lord Clancarty, we have made clear to Parliament our commitment to 2020 and this is detailed on the Erasmus website. I will write to the noble Earl with more detail on his other question. Future UK participation in such programmes will form part of the negotiations on our future relationship with the EU. The Government have been clear that there are some specific European programmes that we may want to continue to participate in as we leave the EU. This will be considered as part of the negotiations. Once again, I also reassure noble Lords that, whatever the outcome of those negotiations, we will underwrite successful bids for Erasmus+ submitted while the UK is still a member state, even if payments continue beyond the point of exit. Therefore, applications for funding from UK institutions should continue as normal—and they are.

For these reasons, I ask the noble Earl to withdraw his amendment, as I think he indicated he would do. However, I am unable to give him any hope that I will reflect further on this issue between now and Third Reading so, although he said he is not going to, if he really wishes to test the opinion of the House he should do so now.