European Union (Withdrawal) Bill

Lord Judd Excerpts

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

[Lord Judd (Lab)]

My Lords, that is a difficult speech to follow. It was powerful. I am very glad that the noble Lord concentrated on what the right reverend Prelate the Bishop of Leeds said yesterday, because that was a very challenging intervention as well. He talked about the issue of who we are, what kind of Britain we want to be and what kind of world we want to try to play our part in creating. I will add only one other issue alongside those. For me, it is an absolutely inescapable truth that from the moment we are born we are locked into an interdependent global community. The way we shall be judged by history is by the success we make of finding ways to meet that reality and to build institutions and methods of intergovernmental co-operation that enable us to face it. Climate change is a great example; security is another.

We have heard a great deal about the importance of the constitution. It is quite clear from this debate, if in no other way, that referenda and representative parliamentary democracy are not easy companions. I have always held that we in Parliament are the practitioners as well as the representatives, but that the constitution belongs to the people. From my experience of what we have been through in recent years I have come to the conclusion that the rare case for constitutional change to be proposed is in the context of a general election. That is a way to bring the whole system together, but we seem to have been busy building dual systems and then telling Parliament that its function is to deliver what comes through a referendum. That makes a nonsense of the concept of dynamic representative democracy. That is why the debate, discussion and search that goes on in processing the Bill—not the Bill itself; we have heard too much about how the Bill is important—is vital to our parliamentary heritage. It really will not do for Ministers to keep lecturing us on how our job is simply to get it through. It is not. It is to make sure that what it is doing is compatible with everything that this country has stood for.

Human rights are, of course, central to that. I have the joy—I think that is the right word to use—of serving on the EU Justice Sub-Committee, which my noble friend Lady Kennedy chairs. She spoke very powerfully about those issues today.

There are two issues that I would take above all others. The first is that the concept of citizenship matters deeply. By our referendum, we have removed European citizenship from countless numbers of people who thought they were enjoying what citizenship meant. That is a very grave thing to have happened. Therefore, one of the things that we must do in our deliberations in this House is make absolutely certain, if it can be done, that we have arrangements in place that will meet the challenge of restoring the rights that people thought they had.

The other issue is the European court. I have been horrified and dismayed in the work of the justice committee to hear and see more and more evidence of the gap between myths, rhetoric and populism on one side and reality on the other. Almost without exception, witness after witness to whom we have listened has said how indispensable the European court is. Over and again we have been given examples of the key part played by British lawyers in developing and strengthening European law—it is a tragedy that the British people do not understand this and have not been led to understand it. We are living in an interdependent world and we wanted to be part of an interdependent Europe. That required strong law in Europe and the British have been playing a huge part in that, so what are we doing walking away from it?

Whatever happens on the Bill, and I hope we will have some very demanding and searching debates, I hope we remember—to come back to the intervention yesterday by the right reverend Prelate—that we cannot escape from being members of an interdependent world. Our children and grandchildren will ask what we did towards devising the policies and arrangements to meet the challenges of an interdependent world or whether we walked away in the opposite direction with a preoccupation with what was immediately popular.

European Union (Withdrawal) Bill

Lord Judd Excerpts

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

[Lord Judd (Lab)]

Would my noble friend not agree that perhaps the most irresponsible aspect of the remarks that have been made in this debate on Ireland is that painstaking work has gone on for a number of years now in building trust between two communities, with those communities beginning to establish a tradition of working together?

[Lord Adonis]

My Lords, I could not agree more with my noble friend, nor with all those other noble Lords who have responsibility for Northern Ireland, or have held it in the past, including the noble Lord, Lord Patten, my noble friends Lord Hain and Lady Kennedy, and the noble Lord, Lord Carlile, not least in his role as reviewer of terrorism legislation. Everyone who has been engaged in this sees the continuing value of the Northern Ireland agreement. It is a solemn undertaking on the part of the United Kingdom. It is an international treaty. Playing fast and loose with peace in Northern Ireland in the cause of Brexit is utterly reprehensible.

We are looking forward to the Minister’s reply. I know that he has a mountain of amendments to reply to, but I am afraid that is the fault of the people whose responsibility it is to group them, who seem to want to group almost everything in the Bill into one group. I hope that when he replies he will begin by saying from the Dispatch Box that the Government remain committed to the Good Friday agreement, that they wish to see the restoration of devolved government in Northern Ireland, and that the Government will use every endeavour to do that and to ensure, as the Prime Minister also said in solemn undertakings at the end of last year, that all of the commitments that the Government of the United Kingdom reach in respect of Brexit will fully honour the Good Friday agreement. I take the amendments that we will discuss later, which my noble friend Lord Hain and others have tabled, which would enshrine a commitment to abide by the Good Friday agreement in the text of the Bill, to be immensely important to our consideration of the Bill, particularly in the light of comments made in the last week.

My amendments focus on two particular areas where I seek the Minister’s guidance, because we have many long debates to come, and we need to establish a good evidence base as we do so. I take to heart the words of the Minister for Exiting the European Union, Mr Baker, when the House of Commons was considering the Bill—I was glad to see him at the Bar earlier—and he said:

“The Government have always been clear that the purpose of the European Union (Withdrawal) Bill is to ensure that the UK exits the EU with certainty, continuity and control”.—[Official Report, Commons, 14/11/17; col. 206.]


We can have certainty, continuity and control only if we know what will happen as a consequence of enacting the Bill.

Therefore, there are two areas that I particularly wish to probe the Minister on. The first is the extremely important issue raised by the noble Baroness, Lady McIntosh, about the status of the European Economic Area and our membership of it. There is a debate that will range far and wide across our consideration of this Bill and future Bills as to what is the right status for the United Kingdom if and when we leave the European Union: whether we should be in the EEA, or in the customs union but not the single market, or in the single market but not the customs union; whether we should have bespoke trade arrangements, or whether we should belong to a customs union but not the customs union. The Schleswig-Holstein question was positively simple in comparison with the options and complexity of the options on offer but for our role as legislators, it is crucial that we understand the consequences of decisions that we take in respect of the Bill when we enact it. In many crucial areas—having read, as many other noble Lords will have done, all the debates in the House of Commons on the Bill—it is still unclear what will be the legal position in key respects after the enactment of the Bill.

The issue raised by the noble Baroness, Lady McIntosh, is of acute concern in this respect. The question that I hope the Minister will address himself to is: what is the procedure under which the United Kingdom will leave the European Economic Area if and when we leave the European Union? The noble Lord, Lord Owen, who I am sorry to say is not in his place this afternoon, has written, with help from serious lawyers—including, I think, one or two in this House—a very long and learned paper on precisely this issue. It says that there are two very different views as to what the position is, partly because the EEA agreement is itself ambiguous about the nature of the relationship between the European Union and the European Economic Area.

The European Union is itself a contracting party to the EEA agreement and on one reading—I am now going into areas where, seeing so many lawyers around me, I am waiting for them to leap in at any moment, but the definitive view from the Government is going to be important here—it is therefore not possible for those states which leave the European Union to remain a party to the EEA agreement. On another reading of the treaty, Her Majesty the Queen is the signatory to the treaty independently of the United Kingdom’s membership of the European Union, and we would therefore continue to be members of the EEA when we leave the European Union. As a layman in these matters, this looks to me to be an issue of huge consequence. When and if we leave the European Union on 29 March next year, do we or do we not continue as a member of the EEA simply by virtue of leaving the European Union? If we do not leave the EEA, what is the procedure under which we do leave the EEA? Does it require a vote, does it require legislation, or are the Government proposing that it should be done by the royal prerogative? These are big issues and I hope the Minister can address himself to them, because they will have a significant bearing on amendments we raise later in Committee and on Report.

The second issue concerning withdrawal from the European Union, which is what the half of the Bill that we are substantially debating at the moment is about, is whether it is necessary to withdraw from the entirety of the European Communities Act 1972, or whether it is in fact legally possible—or what would be the consequences of deciding—to withdraw from some parts but not from others. This is an issue of such importance because of the customs arrangements enshrined in Part 2, Section 5 of the 1972 Act, which sets out all the arrangements under which the United Kingdom agrees to abide by customs rules set by the European Union. That is, as I read it, a large part but not the entirety of our membership of the customs union.

The question that was raised in the House of Commons but not properly debated, and that looks to me to be of significance to our debates going forward, is about not disapplying the customs clauses of the 1972 Act— Part 2, Section 5, and the appropriate schedules. If they remained in force and we repealed the rest of the Act but not those—by virtue of that fact, subject of course to an agreement with the European Union itself, we would remain in the customs union. Again, in terms of the legal means by which we might secure the objective which many noble Lords wish to see, continuing membership of the customs union and single market, that is a point of great significance.

Finally, in terms of the objectives we are seeking to achieve, in her Lancaster House speech, the second of the two significant speeches she has given on government policy in respect of Brexit, the Prime Minister, addressing our European partners, said:

“The decision to leave the EU represents no desire to become more distant to you, our friends and neighbours … We do not want to turn the clock back to the days when Europe was less peaceful, less secure and less able to trade freely”.


In my view it is impossible to see how we can have a Europe which maintains peace unless we start with peace within our own borders, which must mean peace guaranteed in Northern Ireland, hence the centrality of the Good Friday agreement to our consideration of the Bill. When it comes to,

“less able to trade freely”,

I take that to mean not entering into any trade arrangements which are less advantageous for this country and involve any more border controls than currently apply. I look forward to the Minister explaining to the Committee how leaving the customs union and the single market can make it easier for us to trade than the extremely advantageous arrangement we currently have as a member of the European Union.

European Union (Withdrawal) Bill

Lord Judd Excerpts

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

[Baroness Altmann (Con)]

My Lords, I support these amendments and echo the words of the noble Lords, Lord Hunt, Lord Warner, Lord Teverson and Lord Carlile, from these Benches. This has nothing to do with the referendum: this is not the will of the people. We do not legally need to leave Euratom, as we have heard so many times this evening, if we leave the EU. It is not as though we asked the British people, “Do you want to leave Euratom; do you want to spend millions of pounds of taxpayers’ money to put ourselves back in precisely the position we are now, we hope; to basically reinvent the wheel; to incur huge costs and take huge risks in undermining our world-leading position in nuclear research?”

We may not be able to do this in time: we may not be able to find enough skilled people. Indeed, when we spoke with figures in the nuclear industry a few months ago, they informed us that the first they heard of the Government having decided to leave Euratom was when they read the announcement: there was no consultation with the industry on an issue of such monumental importance. What is the cost and what benefit will be achieved for incurring those costs? I urge my noble friend the Minister to relay to his department the tone of the House—that many of us on these Benches would welcome an admission that this decision is unnecessary. It risks our energy security, safety and public health and we do not need to take this risk. Let us withdraw our notification to leave Euratom.

[Lord Judd (Lab)]

My Lords, like my noble friend Lord Liddle I live in Cumbria and these issues are central for the people of Cumbria. In the wider context of all these things we are discussing, we are not expressly taking the point that it is not just in our political lifetime that the consequences will be felt. That is the gravity of the situation. The implications could reach for hundreds or thousands of years ahead. It is impossible to overstress the significance of the issues with which we are dealing. My noble friend was absolutely right to talk about the irresponsibility of discussing them at this time of night instead of at prime time in the parliamentary timetable. We ought to be ashamed of ourselves: how on earth can we convince people that we are properly scrutinising if we are pushing things through late at night?

In his amendments, with which I am associated, my noble friend Lord Whitty is bringing out very clearly yet again the cavalier, ill-prepared position of the Government as we race towards the conclusion of the negotiations. We have had reference to it in various discussions today. How on earth can all the points that have been raised by my noble friend’s amendments be met in the time available?

There is another crucial point. As my noble friend Lord Liddle said, we will be going ahead with our next generation of nuclear energy only with expertise from abroad. Can the Minister explain to us, very specifically, how we will have the people qualified to undertake inspections of the standard of Euratom if we have not got that kind of expertise available within British society for the development of our next phase of nuclear energy? How can we be lacking in that when it comes to the task itself and then say we can somehow inspect the task? Where are these people with the right qualifications going to come from? We need specific reassurances from the Government on that point.

[Lord Adonis]

My Lords, there are 101 reasons why people voted for or against leaving the European Union. As the great Lord Salisbury, the last Prime Minister to serve in this House, famously said after a general election, the problem is:

“When the great oracle speaks, we are never quite certain what the great oracle said”.


However, I have not yet met a single person in any walk of life anywhere who told me that they voted to leave the European Union so that they could leave Euratom. Indeed, I imagine that there were not many people outside the confines of your Lordships’ House and the nuclear industry who were even aware that there was this organisation called Euratom, where the final court of appeal was—wait for it—the European Court of Justice.

There is always a problem about loss of face. I have sat on that Bench, too. I know that Ministers do not like having to change their mind. But I do not think the Minister will have any problem with any loss of face with anyone, including those who have been so keen to see that we leave the European Union because of the instruction from the British people, if he were to announce that the Government intend to withdraw the notice under Article 106a of the Euratom treaty and put this complete nonsense behind them. I do not mind what hour of the night he announces it. I would be perfectly happy for him to announce it at 2.30 am if that ensures that it gets less coverage.

The Minister will have noticed that there has been no support at all from behind him. The noble Earl, who is not given to criticising the Government, made a devastating speech. Although the noble Viscount said that he thought the consequences might not be as bad as people had said, I did not detect him saying there would be any positive advantages from leaving Euratom. The noble Baroness gave an equally devastating speech.

European Union (Withdrawal) Bill

Lord Judd Excerpts

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

[Lord Judd (Lab)]

My Lords, like the noble Viscount, I had the privilege of serving in the Foreign Office back in the 1970s. I underline his comment that it is a great shame that Lord Hurd no longer sits in the Chamber as he certainly was a very effective and powerful Foreign Secretary. One of the reasons he was successful was that he listened to people and adopted a reasonable approach to finding solutions.

There is no greater responsibility for a Government of the United Kingdom than to look after the well-being and safety of their people. At the moment there is a total dereliction of duty. We are about to abandon ways in which we have worked to protect the well-being of British people, while having absolutely no convincing indication of what is to replace our current methods of co-operation. Defence and security are inseparable and cannot be contained within national frontiers. They both require international solutions and co-operation. We also know, and debate it often in this House, that our armed services are very fully stretched; some would say overstretched. They cannot possibly do all that it is necessary to do on their own; they have to work with others. We have devised means whereby we can successfully co-operate in the interests of the British people. How on earth can we, with any sense of responsibility at all, say that we will withdraw from the existing arrangements without knowing exactly how we will fill the gap and maintain that indispensable co-operation?

This amendment, so ably moved by the noble Lord, Lord Wallace, is absolutely crucial and I am therefore very glad to have added my name to it. It does not apply just to this sphere, of course. We are being asked to buy a pig in a poke in too many areas. However, we cannot defend the British people by buying pigs in pokes, but by having absolutely convincing, watertight arrangements in place. There can be no interregnum between one regime and the next; we have to undertake this in time. Will the Government please this evening begin to give us some indication of precisely what the arrangements will be and what resources will be put into them?

[Lord Hannay of Chiswick (CB)]

My Lords, I was urged by my noble friend Lady Deech to be more polite to President Trump, so I will respond to that by thanking him extremely warmly for having brought home to us the value of the European Union’s common foreign and security policy. In the year he has been in office, he has singlehandedly illustrated why our national interests in a number of areas are much closer to those of our European partners than to those of his Administration: for example, as regards the nuclear deal with Iran, the rather unfortunate decision to move the US embassy to Jerusalem, his very lukewarm support for NATO, his withdrawal from the Paris climate change agreements and his trade policy. In all these areas he has brought home to us why this debate and this amendment, which I support, are vital to our future national interests. I hope that when the Minister responds, she will be prepared to go a bit further than generalities.

As others have already said, there is a complete lack of specificity in what the Prime Minister has said—she has, quite laudably, set out in very firm terms her desire that this should be a major pillar of the new partnership—about what the Government have in mind. It really is time that we saw more. The Prime Minister has spoken about a new treaty. We are in a negotiation. Normally, if you are in a negotiation and make a proposal, you table it. I have not seen the treaty. Has anyone seen it? I do not think that anyone has. Does it exist? I suspect not because, judging from the rather lukewarm attitude of the Foreign Secretary, he might not be able to produce much of an input into it.

This really is getting important now. We are only a year away from dropping out of all the complex machinery which makes the common foreign and security policy work. I have to say to my noble friend Lady Deech that her caricature of common foreign and security policy is bizarre. For example, the idea of a nuclear agreement with Iran originated in the European Union, and it was followed up, rather belatedly, by the United States. Therefore, I do not think that we should belittle such co-operation. In any case, the Prime Minister is firmly of the opinion that it matters and that we need to work very closely with the EU. I wonder whether it would not be better to say here and now—perhaps the noble Baroness the Minister replying to this debate could do so—that our co-operation in this area of common foreign and security policy is not subject to the rubric “Nothing is agreed until everything is agreed” and that it is, as we are trying to say but have been rather hesitant about saying, completely unconditional.

--- Later in debate ---

[Lord Deben (Con)]

My Lords, one of the themes that has come through in the debates on many of the amendments so far is that the Government are enthusiastic about where we are, keen on continuing the links and determined that we shall not in any way fall out from those, but unwilling to commit themselves to the obvious solutions. We have heard in this debate tonight an exact repetition of what we have had before.

In other words, some of us are saying that these things were achieved with great difficulty. The European arrest warrant caused enormous argument and could be a really dangerous thing if it were not properly protected by the European Court of Justice. Like everyone else, when I became a Member of your Lordships’ House I was asked what subjects I was particularly going to speak on. The first was the environment, the second was Europe and the third was human rights. Therefore, when the legislation that we are now part of was going through in its various forms, I was very concerned that it was properly protected. However, I was very aware, as is the House, that crime does not know any borders, particularly the type of crime that the noble Baroness, Lady Massey, was talking about.

We need the protection that the warrant gives. When we were kids and we read stories of derring-do, we all knew that the first thing that people would try to do was to get across the channel because then they would be out of the reach of British law, and indeed of the law in many ways. I believe strongly that first of all we have to recognise that what we have we did not get easily and did not arrive simply. To suggest that somehow or other we can produce a different system and call it something else, because that would be convenient to the people who are ill informed enough to want to leave the EU, seems extremely dangerous. We should recognise that this took a lot of doing.

The second point, which has been made very interestingly, is about the nature of mutual recognition. Very often we are divided by not understanding the words that we use. There is an attitude in Britain that suggests that we get it right and other people do not, and therefore they had better do it our way because we know best. That has been our besetting sin throughout the period of our membership of the EU and, if we leave, we will get even worse at it. In other words, we are very keen to teach other people but not frightfully good at learning from them. One of the things that we have learned—I think by accident; certainly not by design—in having to co-operate on these issues is that we have understood much more clearly the problems, difficulties and solutions that others have had in our European home. We have to recognise that understanding mutual recognition is not easy, and the idea that we can suddenly create a different mechanism for doing it is very far-fetched.

On my third point, I have great admiration for the Prime Minister. I do not understand how every morning she wakes up and thinks, “God, I’ve got another day of this”, and deals with some of the people that she has to deal with—I will not list them but we all know which ones I mean. However, it is not good enough to have good intentions and show generalised support. My noble friend who is answering for the Government has given us a great deal of good intentions and noble views but no actual support for real policies and actual determinations. This is not something that we can pass off by merely having good intentions, because it is very hard and we have to be tough about it. We have to say to our friends, “We actually want, and will have, exactly what we have today on these matters because there is no alternative that is better and there is no way that we are going to invent one”, because crime will not wait.

This is a rather important amendment. All it says is that the Government have to move from intentions to reality before they can move. That is not an unreasonable thing for the House which is responsible for our constitution to ask.

I hope that my noble friend is not going to say how important all these things are, how valuable they are, how much the Prime Minister is in favour of them, but that just at the moment, because it is all part of the negotiation, he cannot go further than that. If he does, perhaps for all our debates he might just turn on the recording. That is evidently the answer we are going to have on everything, because that is the answer we have had so far today on everything. If it goes on like this, this House will have to ask whether the Government intend to have a debate or discussion about things that matter, about the future of our nation and our people. Are they going to have a discussion about the things that protect our people, the policing which has to cover areas beyond our borders? Above all, are they going to have a discussion about how this affects Ireland? We have for too long taken for granted the fact that the Irish situation is, at least to a large extent—much less so than the newspapers would have us believe, but still to a large extent—peaceful. We must none of us forget that.

I have to tell my noble friend that it will become increasingly difficult for the Government to uphold their position unless they are prepared to take seriously this House’s demand that they tell us what they want. How can you negotiate with people unless you can say very clearly what you want on crucial issues, and what could be a more crucial issue than this?

[Lord Judd]

My Lords, at the end of all these proceedings, some months down the road, there will be a vote in Parliament. At that time, it will be essential that we know exactly what we are voting for. That is why the speech by the noble Lord, Lord Deben, is so important. There is a fundamental difference between good intentions and concrete policy, there to be implemented. As in our previous debate, the issues are too big; there is no room for an interregnum or period of doubt. We must be able to move from what we have to what is necessary overnight. We must have firm policies and firm decisions that follow from them.

I served on the Home Affairs Committee under the chairmanship of the noble Lord, Lord Hannay, when we were having that dry run, and very interesting it was, too. What I found very telling was that virtually every witness working in the field, when the question, “Will your work become more difficult if we leave the European Union than it is at the moment?” was put directly, said unequivocally yes, they needed the European Union to meet the challenge of the job. Forgive me if I repeat myself, but it is terribly important. Crime is international; it does not recognise frontiers. That is true of trafficking and, as my noble friend said, of drugs. It is true of terrorism. These things do not know national frontiers. Therefore, you must co-operate and work closely with others who face the same difficulties.

The other point I want to make is that, more recently, serving on the Justice Sub-Committee under the chairmanship of my noble friend Lady Kennedy, it has become very clear that we have underestimated—it is rather tragic that the British people have not understood, or begun to understand—how much British lawyers and British legal expertise have been contributing to the strength of European law, which is in all our interests. British lawyers have made a terrific contribution and they are very much respected. In taking evidence from practitioners in this sphere—the chairman is here to strike me down if I am misquoting—they told us over and over how the law is improving under the present system. The overriding authority of the European Court is crucial, however, because it provides a context in which everyone can have confidence in the necessary reciprocity. These amendments are very important, and I hope the Government will take them seriously.

European Union (Withdrawal) Bill

Lord Judd Excerpts

Committee: 3rd sitting (Hansard): House of Lords
Wednesday 28th February 2018 Lords Chamber

[Viscount Trenchard (Con)]

I agree with what the noble Earl said about the balance between work life and family life, particularly with regard to the recently adopted hours which are becoming commonplace in your Lordships’ House, but I regret to say that I cannot support the amendments, because they do not achieve their intention.

As the noble Baroness, Lady Hayter, recognised, the intention of her amendment is to ensure continuity and certainty in the law both before and after exit day. She worries that the powers granted to Ministers to amend retained EU laws should be both restricted and subject in each case to an enhanced scrutiny procedure, which would also provide for a period of consultation with the public and relevant stakeholders. But the effect of the amendments is to increase uncertainty and, ironically, reduce the likelihood—the certainty that is needed—that retained law will continue to provide exactly the same protections as before. Indeed, the period of public consultation to be provided in the enhanced scrutiny procedure gives the impression that policy changes may also be entertained. As we have heard from Ministers, the Bill is not about policy change.

Without these powers, there are huge risks that retained EU law will be defective for technical reasons—for example, due to the enormous number of references to Union institutions, which all need to be changed. Such changes would take so very much longer if each change was made subject to the enhanced scrutiny procedure proposed by the noble Baroness. That is just one area in which the amendments are counter productive.

[Lord Judd (Lab)]

My Lords, I shall speak to Amendment 23A but, before I do so, I should like to say how much I admired the clarity with which my noble friend introduced the lead amendment in the group and how warmly I support the amendment in the name of my noble friend Lady Kennedy on the issue of human rights.

I have two points to make. The first is that the anxiety out there in British society should not be underestimated. There is a great deal of anxiety among extremely good quality people who are doing dedicated work in the spheres with which we are concerned. Secondly, as a layman in no way involved in practising law, I have always understood as a citizen that what is terribly important about the law is its clarity and transparency. As we consider the amendments we must therefore not inadvertently allow doubt and misgiving as to whether there has been full transparency, and full commitment to that transparency, to creep into our future.

It is therefore very important, and I make no apology for proposing it, to get written into the Bill the fact that we seek to protect existing rights of citizens in the spheres affected. I shall read to the Committee the points that Amendment 23A says should be, and seen to be, central to the deliberations and negotiations that lie ahead. They include: human rights and equality, in which we have made great progress; privacy and data protection, which we have debated at great length in this House; and immigration and asylum protections—I am certainly one who believes there is much more to be done in that realm, but the Bill is not about that. My amendment is therefore not about that either but about protecting what we have. The other points are,

“criminal justice protections … employment protections … environment and public health protections … consumer protection … access to housing, education and health and social care”.

I want to feel confident, in the immense amount of work lies ahead, that those issues will be in the Bill as primary considerations. I hope that the Minister, for whom my admiration increases all the time with the clarity with which he responds to amendments, will be able to reassure me that there will be some way to ensure that these things are not just implied in what is proposed but are there specifically.

[Baroness Drake (Lab)]

My Lords, I shall speak to Amendment 21. The Bill gives Ministers what the Constitution Committee described as,

“an unprecedented and extraordinary portmanteau of powers upon which the Government could draw”.

We are now seeing growing concern that by our giving such powers, well beyond those needed to effect legal continuity, Ministers could use them to effect substantive policy changes. That is what is at the heart of this tension.

Many important protections currently enjoyed by UK citizens are not written into Acts of Parliament but underpinned by membership of the EU, which cannot be weakened by the UK Government. Once some of those protections are brought into domestic law by secondary legislation, there is no assurance that they can be changed only by primary legislation. The Bill will also allow Ministers to use the delegated powers contained in existing UK legislation to effect significant policy changes to retained EU law. The powers under Schedule 8 have already been referred to.

The merit of Amendment 21 is that it poses greater protection by enhancing scrutiny of ministerial amendments to retained EU law and restricting the modification of retained EU law by subordinate legislation to technical provisions. Such modifications could not limit the scope of or weaken standards and protections afforded to UK citizens. Amendment 21 makes a clear distinction, which the Bill fails to do, between technical and substantive policy changes—between necessary amendments to retained EU law to provide legal continuity and the wider issue of discretionary amendments that implement substantive changes to policy.

I want to refer to employment rights and consumer standards to illustrate the amendment’s merits. There are many EU-derived equality and employment protections enjoyed by the people of this country that are essential ingredients of economic fairness and social cohesion. These are rights which working people now take for granted, including rights to paid holidays, equal pay for equal-value work and equal treatment in the workplace.

European Union (Withdrawal) Bill

Lord Judd Excerpts

Committee: 3rd sitting (Hansard - continued): House of Lords
Wednesday 28th February 2018 Lords Chamber

[Lord Judd (Lab)]

My Lords, I warmly thank my noble friend for having put this amendment before the Committee. I should explain that I live in Cumbria and I understand very directly some of the things that have been said in this debate. It always gives me great heart when I see the European sign on tangible projects in an otherwise not too prosperous county, as an indication of European solidarity and a determination that people should stand together in making sure that a decent life is available to everyone. I do not think that, historically, we can overestimate the significance, the sadness, of what we are losing in that concept of European solidarity.

The other point I will make is that there have been references to reassurances and so on. Forgive me, I do not mean to be critical of those who have used the word, but I do not think that is enough. Possibilities have been created through our membership of the European Union. I believe that we have to have very firm guarantees from the Government that nothing is going to be lost in the context of what may be about to happen and that they will ensure that any work already in train, and any expectations already generated, will be fulfilled.

There really is a growing sense of injustice and unfairness in many parts of the country. The south-west is one example, and certainly the north is another example, not least Cumbria. There is a deep frustration—and in some instances it is not an exaggeration to say “anger”—about the disparities between what is available in the south and the south-east and what is not. I agree most warmly with the point made earlier in the debate that there is a feeling that our Government is a Government of the south-east and not a Government of the totality of British life. In that context, for Wales, Northern Ireland, Scotland, and indeed for English regions, we need those guarantees from the Government tonight.

[Lord Wigley (PC)]

My Lords, I am delighted to support Amendment 23, moved by my noble friend Lord Foulkes, and I concur without reservation with everything he said. The amendment addresses many crucial matters for Wales, as well as for Scotland and indeed for many parts of England. Article 174 of the Treaty on the Functioning of the European Union aims to reduce disparities in terms of economic and social development between the various regions of Europe. The central plank of this is to reduce inequality. I fear that the same thing cannot be said of the policy of the present UK Government. The objective of their policy is in no way a concerted drive to attack the disparities that exist within these islands. The income per head of an area such as Kensington and Chelsea is 10 times that of the area of west Wales and the valleys, the Anglesey area or the Gwent area. We surely cannot accept a tenfold disparity in a civilised society.

Europe has been a bulwark for us over the past 15 years in Wales—the past 18 years, in fact—since we started getting the Objective 1 money in 2000. That money has come through as additional funding for Wales, after a bit of a fight, which I will talk about on another occasion, but we have not had the success that Liverpool and Merseyside, certainly, have had, and South Yorkshire has had to a lesser extent—and we still have a lot of work to do.

The reality is that, when we look at the matters of industrial infrastructure investment that are in Westminster’s hands, we see that Wales is the only country in western Europe that does not have a single mile of electrified railway line. What happened to the plans that were already drawn up to electrify to Swansea? They have been dropped—and the proposals to electrify from Crewe to Holyhead are somewhere in the clouds. Yet we in Wales are asked to pay our contribution towards HS2. The reality is that we get greater assistance with our economic needs from the European Union than from Westminster. That is one reason why it hurts so much that we are about to leave the European Union, unless something can be done about it. Another example of where the Westminster regime is not sensitive to the crying economic need of Wales is the Swansea Bay lagoon, which has been confirmed as being a viable project, with a former Conservative Member of Parliament driving it forward, yet the Government refuse to come off the fence on it.

Then there is the disparity in another important aspect of economic infrastructure: broadband connectivity. The UK Government have recently directed significant sums to improve broadband in three of the four countries of the UK. They found £20 million for ultrafast broadband in Northern Ireland and £10 million for full-fibre broadband in six trial areas of England and Scotland. We are missing out on important things such as this and we cannot rely on Westminster to look after our needs. The Government’s justification for their broadband investment was that it will trigger the most effective short-term economic growth. Therein lies the central weakness of the Westminster approach: its short-termism and its links to political returns, as we have seen in the context of Northern Ireland.

The EU has been a major source of assistance to Wales, not least in terms of our economic infrastructure. The ERDF and the European Social Fund have been mentioned. Areas of England such as Merseyside, South Yorkshire and Cornwall have certainly benefited greatly from the EU as well. We will miss out all round when we turn our backs on Europe.

In the context of the amendment, we have a right to know how the Government intend to sustain the EU objectives of Article 174 after Brexit—if indeed they do. We are told that there will be a shared prosperity fund, but we have no details of its size or remit, nor how it will work with devolved government. In particular, given our experience in Wales with the Barnett formula, which has been such a travesty—and has been recognised by this House as a travesty—we have enormous reservations about leaving it to the Treasury in Whitehall to be the adjudicator in the distribution of such resources. It is for these reasons that I support the amendment, and I am certain that we shall have to return to these critical issues later in the Bill’s passage.

--- Later in debate ---

[Baroness Goldie]

The noble Lord would not expect me to be able to deliver specific information on figures. That would be unreasonable, but he knows that the Government fought an election on a manifesto commitment to replace the cohesion policy. I am outlining the structures on which the Government propose to base replacing that cohesion policy. I am trying to outline how that strategy has been constructed to have regard to the whole of the United Kingdom and to deal with the issues about which the noble Lord has expressed concern in his amendment.

[Lord Judd]

The noble Baroness says it is unreasonable to expect figures, and there is a certain amount of sympathy with her on that. However, is she really telling us that she cannot guarantee that any projects in train, those planned on the basis of agreements, or any undertakings will be fulfilled?

[Baroness Goldie]

I heard what the noble Lord said and I am coming to that; I hope what I am about to say will reassure him. I am explaining what the new proposals and structures are in order to give some context to my response to what is a very important amendment. The amendment also refers to rural areas. The Committee will be aware that my noble friend Lord Gardiner is the Government’s rural ambassador. He is working to ensure that government policy is addressing the challenges faced by rural areas. The House will recall that the noble Lord, Lord Cameron of Dillington, carried out a review in 2015 on the effectiveness of the Government’s rural-proofing policy, to which the Government responded. They have taken action based on his recommendations. That now includes practical guidance published by Defra to ensure that government departments make rural issues a routine policy consideration.

Looking beyond England, the devolved Administrations obviously have responsibility for rural policy, and I know that Scottish and Welsh Ministers will be thinking about how to ensure that their own policies and initiatives reflect the needs of rural communities. The Government’s industrial strategy and other existing policy initiatives therefore already cover the areas covered by the EU cohesion policy, which the noble Lord’s amendment seeks to preserve.

European Union (Withdrawal) Bill

Lord Judd Excerpts

Committee: 4th sitting (Hansard - continued): House of Lords
Monday 5th March 2018 Lords Chamber

[Lord Judd (Lab)]

My Lords, I rise to support these amendments very strongly. One of the sadnesses of recent social and political history in Britain is that although this country won immense respect at the time when the convention was being drafted, it has never been fully incorporated into our law. That applies to successive political Administrations. Now, with Brexit, this is being thrown into strong relief. Incidentally, I am very glad to see that those who are speaking to these amendments have emphasised how this illustrates why the charter matters and how we have been wrong to treat it so lightly.

I want simply to say this: we were champions in the drafting, introduction and birth of the convention. Whatever happens on Brexit, we must take the opportunity presented to us by these amendments to ensure that what is enshrined in the convention is made in every way absolutely fundamental to the policy and the work of any future Administration.

[Baroness Meacher (CB)]

My Lords, I rise to speak to speak to Amendments 68, 97 and 158, all of which would ensure that following our departure from the EU, children’s rights will continue to be given due regard. The Government have claimed that the Bill will ensure continuity—in fact, a number of noble Lords think that is correct—and that there will be no legislative cliff-edge if or when we leave the EU.

However, whether by accident or by design, there is a gaping children’s rights hole in the Bill. These amendments would not introduce any new policy or extend provision; rather, they require only that where EU legislation has been developed in line with the principles of the UNCRC, new UK law or amendments to retained EU law will also pay due regard to the UNCRC. The Government have argued in previous debates that children’s rights are fully protected in UK law. I will clarify that this is not actually so and I want to pay tribute to the Children’s Society and a number of academics who have enabled me to do this. The Government argue that, for example, the Human Rights Act 1998 incorporates the ECHR into UK law and does the job of protecting children’s rights. However, that ignores the fact that the ECHR is confined principally to civil and political rights, while remaining relatively silent on a range of social and economic rights that form the substance of EU law. There are further problems in relation to the process of bringing a claim for an alleged breach of ECHR rights.

The Children Act 1989 provides important protections for children in both public and private proceedings, but it does not regulate the full range of children’s rights that are covered by EU law such as consumer protection, health and safety, and non-discrimination; other speakers have mentioned one or two of these. It also does not cover the cross- border recognition and enforcement of family orders which are currently regulated by Brussels I and II. Furthermore, the Children Act 1989 is often interpreted narrowly, to the detriment of the fuller range of rights set out in the UNCRC. A crucial example, as the noble Baroness, Lady Massey, said, is the right of a child to be heard following abduction before a return order is made. The crucial question is, does the child wish to be returned? It is pretty desperate if they do not, and they will not be able to make their wishes known, as I understand it, even if they are of an age and maturity to make that appropriate. The Children Act 2004 places obligations on local authorities but does not extend those to immigration authorities or commercial or private entities to whom public authorities have contracted out aspects of their children’s services. These days, of course, much of that work is contracted out.

The Equality Act 2010 provides a number of protections for children and young people. However, it does not cover many of the issues that are a real worry for children, post Brexit. For example, it does not promote the need for public agencies to act in the best interests of the child as a top priority in the way the UNCRC does, which the EU implements. The Immigration Act 2016 proposes to withdraw leaving care support from unaccompanied young people at age 18, as has been mentioned, if they do not have leave to remain or are not asylum seekers. A lot of these kids probably do not have the knowledge and information they need to be in a position to claim those rights. There is therefore a human rights issue here, for which there is no provision in UK law. The Modern Slavery Act 2015 provides good protection for young people. However, the removal of Section 32 of the EU charter following Brexit will weaken protection against child labour. It will leave weak obligations on business in this area. Also, the EU trafficking directive includes requirements to have regard to the children’s best interests and to consider the long-term outcomes for children. These are absent from the Modern Slavery Act, wonderful though that Act is.

At an EU level, the rights of the child are currently guaranteed by Article 24 of the charter and are one of the fundamental rights mentioned explicitly in the commission’s strategy. They are thus included in the regular fundamental rights check, which the commission applies to relevant draft EU legislation. These safeguards will not apply to new UK laws or amendments to retained EU law. If, or when, we leave the European Union, we will thus need to correct the statute book and legislate for the future in areas of previous EU competency, such as matters relating to justice, specific areas of social policy, consumer protection and research and development. Across the UK, the range of issues where children could be exposed also covers data protection, paediatric medicine clinical trials, food labelling, television advertising, the rights of migrant children to access education and healthcare and, importantly, cross-border family law, as others have mentioned.

In conclusion, I do not believe that these gaps in UK law are the Government’s intention, but an oversight that can and should be corrected between Committee and Report. Does the Minister agree that if this Bill is about providing “certainty and continuity” for people—as the noble Baroness, Lady Evans of Bowes Park, said at Second Reading—it is only right that the Government provide certainty and continuity for children also? I would be grateful for an assurance from the Minister that he will take these matters back to the department for consideration before Report. Also, it would be helpful if children’s rights could be included on an agenda for a briefing session on the Bill with Ministers in the next few weeks.

European Union (Withdrawal) Bill

Lord Judd Excerpts

Committee: 5th sitting (Hansard): House of Lords
Wednesday 7th March 2018 Lords Chamber

[The Earl of Clancarty]

Absolutely. Whatever happens, we will be at a disadvantage to everyone else in Europe and that is really significant.

[Lord Judd (Lab)]

My Lords, I support the amendment. When this whole matter originally came before the House, we had the firm assurance from the Front Bench opposite and the strong assurance from the Prime Minister that this was to be a top-priority issue in their considerations of our future. As the noble Lord, Lord Cormack, said so powerfully, here we are, way down the road, and we have made no progress whatever.

The reason why I feel so strongly and passionately about this issue is that I fear that we are demeaning and undermining the whole concept of citizenship. Citizenship is something that people have fought for and struggled for centuries to establish. There are thousands and thousands of people from Britain in Europe. I declare an interest: in my extended family I have family members living in Europe and family members living in this country who are married to Poles, Czechs and so on, and it is a very rich experience. Such people have gone to Europe in the confidence of citizenship and all it has meant historically—to make new lives and build their future in the knowledge that they have citizenship of Europe.

Do we or do we not stand by the concept of citizenship? If we do, how can we contemplate any future in which we have not absolutely guaranteed that people have their rights of citizenship? My noble friend referred to anxiety being out there, and it certainly is. We are talking about men, women and children; about the futures of people who are working; about vulnerable people who have reached old age in the context of what they believed was European security—about real human situations. We need firm, unequivocal assurances from the Government that we believe not just in the right of citizenship, but in the whole concept of citizenship that has been established across Europe in our history. We want cast-iron guarantees that, in one way or another, that is going to be fulfilled.

[Lord Haskel (Lab)]

My Lords, I shall speak to Amendment 211, which is in my name and deals with our rights but in a slightly different way. It would ensure that after withdrawal, our rights and protections remain intact by maintaining the standards at home and at work that we have come to expect in our daily life as part of our normal existence, and that those standards would not be sacrificed or lowered in any future negotiations.

I tabled this amendment some weeks ago and was pleased to see it reflected in the Prime Minister’s speech last Friday and in her Statement on Monday, when she spoke of maintaining current standards in some sectors. My amendment calls for them to be maintained in all sectors, because we cannot pick and choose where our quality of life is concerned. Even Monsieur Barnier seems to agree, and in his recent draft document he speaks of equivalent standards.

European Union (Withdrawal) Bill

Lord Judd Excerpts

Committee: 6th sitting (Hansard - continued): House of Lords
Monday 12th March 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

I seek to indicate that I can confirm that the Government will bring forward amendments on Report to apply the same protection to the Northern Ireland Act as to the Scotland Act and the Government of Wales Act. This means that all the changes we are proposing—bar one, I think, in relation to technical standards, but even that we will be able to spell out in relation to the Bill—and all the powers in relation to corrections will be in the legislation when we get to Report. We will table amendments on Report so that the correction power in Clause 7 will not be necessary. It will be in relation only to international obligations in Clause 8 and complying with the exit in relation to Clause 9.

[Lord Judd (Lab)]

On that point, could the noble Lord confirm that the amendments to be brought forward by the Government will make absolutely sacrosanct the principle of the preservation of the Good Friday agreement?

[Lord Bourne of Aberystwyth]

My Lords, I certainly can confirm that but I was going to confirm it, as it were, right at the end of the debate. Clearly, this is fundamental. We are very much wedded to it, as was indicated in December, when there was a meeting with the EU on this issue and as we have stated again and again. I appreciate the point the noble Lord makes. It is important and I can confirm that we will do that.

European Union (Withdrawal) Bill

Lord Judd Excerpts

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

[Baroness Deech (CB)]

Perhaps I may ask the Minister a question in relation to these amendments—I am sorry that I was a little late because of the early start; I may have missed the answer. Given that three times as many European students come here as ours go to Europe—in my experience, ours always wanted to go, and still go, to the USA; given that we know that we will not expel our migrants in any brutal fashion; given that they will presumably want to fly here; given that we have more Indian and Chinese students coming here than we have from the whole EU because our universities are so much better and far higher in the league table than any single continental European university, and given that Australian and Middle Eastern airlines fly in and out all the time, what is the problem? Is the pressure not on European nations? Are they perhaps begging us in the negotiation to allow them freedom of movement to come here to participate in the activities that I have mentioned? Cannot our airlines fly in exactly the same way as Australian, Middle Eastern and American airlines?

[Lord Judd (Lab)]

My noble friend Lord Stevenson invited me to add my words to what he was saying, and I am very glad to do so, but I am associated with some of the other amendments as well. I want to speak honestly from past to past. In 1978, I can vividly remember enjoying being part of the Committee of Ministers in Europe working on mutual recognition of qualifications. What was so exciting about that discussion was that everyone in the room recognised that the issues with which we were dealing could not be contained within national frontiers, that they were all international in character and all crossed frontiers. We recognised that the way we looked at health, at the enhancement of the arts and at the quality of the professions as they built for our future would be best served if we fully co-operated. The measures we sought were there to support the whole concept of co-operation and enhancement of the quality of life for people in Europe. I find it utterly miserable that we have deserted that reality, have deserted that dream and are talking now about regulations to try to salvage a situation into which we should never have strayed.

European Union (Withdrawal) Bill

Lord Judd Excerpts

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

[The Earl of Clancarty (CB)]

My Lords, Amendment 204 seeks to maintain the rights of, and opportunities for, young people to continue to travel, work and study within Europe, and to ensure that those rights are not diminished. I am grateful for the support of the noble Baronesses, Lady Royall of Blaisdon and Lady Humphreys, and the noble Lord, Lord Judd. One of the reasons I tabled this amendment is that so little has been said about the effect of Brexit on young people’s opportunities, either by the Government or in debate. Young people are the future of this country, yet their future is being almost entirely ignored.

My fear is that, far from the country getting a deal that includes young people, they will become the collateral damage of a hard Brexit, because it is they who will be affected by Brexit more than anyone else. There are various reasons for this, and I will come on to why I believe this is the case. At present we are all treated equally within the EU, young people included. The right to free movement is entirely democratic—but the introduction of any kind of visa system or work permits will change this, as a visa system is by definition a class system. Celebrities, the rich and the lucky will be waved through airports, and established professionals will have a harder time of it, but those at the bottom of the pile will be the young, who are starting out on their careers and who wish to explore other countries and cultures and expand their horizons through work and/or study abroad—the very people for whom free movement within Europe means the most. This includes young people from poorer backgrounds, for whom a flight within Europe is more realistic than one further afield. Those who voted leave surely did not do so to create new hierarchies, new elites.

Some people have expressed the view in this House that things will not be so bad, and that we are worrying about this too much, unless someone is going to work in Europe. However, we cannot take work out of the equation. For many young people, travel and work are inextricably bound up. They are part of the same thing—that experience of exploring their own continent. This is true for the working class and the less well-off, who may need to find work out there to pay for their stay. Thousands of Britons work across Europe in all kinds of temporary jobs—as couriers, doing maintenance work, as waiters, working in bars and much else—in addition, of course, to the permanent jobs young people may be offered, very possibly as the result of an extended stay.

If young people lose these rights, not only will they lose this essential flexibility of travel, they will also be subjected to a double whammy, because every young person who is a citizen of any EEA country, as they will retain these rights and opportunities to a considerable extent, will have an immediate and substantial advantage over young British people in obtaining work abroad, whether permanent or temporary. I have heard recently of someone whose parents we know: a working-class 20 year-old boy who has been told not even to bother to apply for a job in in the kitchens of a top hotel in Paris, because of the uncertainties of Brexit. The effect of Brexit on young people is already happening.

As I have said, it is not true that only the young middle classes make use of the EU. It is worth reiterating the points made by the noble Baroness, Lady Brown of Cambridge, in Committee on 26 February, about our relative lack of international student mobility within Europe, particularly among young people from less advantaged groups. But if we start to shut down all opportunities for everyone, including Erasmus+, young people from less privileged backgrounds will again be hurt most, and most immediately, as it will become more difficult for them in particular to take advantage of a system with more restrictions, increased costs and greater bureaucracy in both work and study opportunities, if those opportunities even exist then. We must surely make greater headway in the other direction. I will not say very much about Erasmus+ as we have had a very full debate on this topic. However, in our debate on Erasmus+ in Committee, the Minister said he would reflect on what was said. Has he been able to reflect on that further in the last couple of weeks?

The goal of intercultural skills, which Erasmus+ holds dear, is surely an effect, at its best, of not just study but travel and work abroad as well, with the contact that young people make with others. This is hugely important culturally and has, of course, educational and commercial implications in the exchange of ideas as young people bring those experiences back from Europe. Encouraging young people to go abroad in Europe is good for the country.

Finally, it is worth reminding ourselves that the Ipsos MORI analysis of the results of the referendum estimated that for 18 to 34 year-olds the remain vote beat the leave vote significantly in every class of society. It seems clear that most young people from whatever class feel European in a way that many older people do not. This is not then just about being young and wishing to explore beyond one’s own country; it is a break between generations and, in that sense alone, to deny these rights is culturally a huge backward step.

This amendment sets down the red lines that many young people would not want to see crossed, and I hope the Government will accept it. I beg to move.

[Lord Judd (Lab)]

My Lords, I warmly endorse this amendment to which I have put my name. The feeling of dismay and disappointment among young people is hard to overestimate and has been put to me very forcefully. The Government keep saying that we are going to be an international nation whatever happens on Brexit, and that they put our international participation at the forefront of their considerations. It seems to me a very strange way to start if we in any way foreshorten the much appreciated opportunity to enjoy travel, study and the rest abroad, and to bring that experience back to Britain.

[Baroness Butler-Sloss]

My Lords, I support this amendment. My eldest grandson is about to leave university. He is incandescent with anger that he is about to be deprived of the right to look for a job anywhere across Europe when he leaves university. He is typical of a large number of young people coming out of university, colleges of further education and school who want the opportunity to travel, and, as my noble friend Lord Clancarty has suggested, the opportunity to do something outside their own country, to move away. However, that is something they are in real danger of losing with this change that we are about to have. The Government must really listen to these young people.

--- Later in debate ---

[Baroness Stroud (Con)]

My Lords, I rise to speak to this amendment, moved by the noble Lord, Lord Dubs. Our exit from the European Union presents us with a unique opportunity to define, in our own terms, the country we want to be. This nation is and always has been generous and open-minded towards refugees and has offered a home in times of trouble. From the Huguenots to the Belgians and Jewish refugees, we have a strong tradition of welcoming those who seek shelter. As a child, I can remember my own mother working as a nurse to welcome the Ugandan Asian refugees, and then later the Vietnamese boat people. This seemed only natural to me, given that my own father had been evacuated as a child to Canada during the war. This tradition is something which I hope, regardless of one’s views on Brexit or the European Union, we can all agree on.

In the period January 2016 to September 2017, the UK welcomed a total of 9,897 refugees, approximately half of whom were female and half were children. We can and we should do more, and we should seek to keep open and available every channel by which people are able to safely seek asylum. Dublin III is one of the ways in which respect for family life and unaccompanied minors’ best interests are kept at the heart of the asylum process. For some 300,000 unaccompanied child refugees, the risks of trafficking and forced prostitution or forced labour are extremely high. We know that in the Mediterranean, more than 75% of the 1,600 14 to 16 year-olds arriving in Italy reported being held against their will or forced to work. This staggering statistic is absolutely why we should be working to ensure that there are accessible, legal routes such as Dublin III, which allow children to apply for asylum safely from the country they are in, and not be forced to take dangerous journeys to join their families.

For children and adults fleeing conflict, the best place for them to be is with family members. This offers the best possible chance for them to thrive and rebuild their lives post trauma. The co-operation that Dublin III offers aids this but, as we all know, the Dublin conventions are only a small part of the story, and while the co-operation should remain, it is one strand of a much wider issue.

From the Calais operation, just 29 of the 769 children who were transferred to the UK came from the Dublin regulation route, and in 2016 just 355 people were transferred under this route. To date, the UK has taken in 10,538 refugees from Syria—just over half of the number we committed to resettle by 2020. We have so far welcomed around 220 children under Section 67 of the Immigration Act, which my noble friend Lord Dubs fought so hard to obtain: less than 1/10th of the original number committed to. Going forward, is this the sort of country we want to be?

Brexit is an opportunity to re-evaluate our priorities as a country and refocus on the country we want to be. Being an open nation with a generous welcome for those in need of our shelter should be a key part of that. I understand the limitations of Dublin III. But I call on my noble friend the Minister to clarify and confirm in this Committee that, post March 2019, the Government’s new and independent approach to refugees would guarantee that those who benefited under the old system would still benefit under the new, and that no restriction would be put in place preventing those in need from being reunited with their families.

[Lord Judd]

My Lords, I would like to thank the noble Baroness, Lady Stroud, for that speech—not just for the speech but because it was the voice of compassionate, socially engaged conservatism, which I have always respected. May that tradition in the Conservative Party reassert itself. It is desperately needed at this juncture in our history. What the noble and learned Baroness, Lady Butler-Sloss, said about the legal situation was also a powerful argument, which the Government must answer. Are we going to strip what have been legal rights away?

In the context of this Bill, we debate from time to time what sort of Britain we want to be, and the noble Baroness, Lady Stroud, was absolutely right. I share completely her view about the sort of Britain we should be. I want us to be a Britain in which the world sees “Compassion” in capital letters in all our approach to public affairs. We seem to have lost that and I want to see it reasserted. I thank my noble friend Lord Dubs for having moved this amendment. His consistent and tireless work on this issue challenges us all. If we talk about family and its importance in society, this is an issue which we can no longer prevaricate about.

[Lord Hope of Craighead]

My Lords, I believe that the noble Baroness, Lady Stroud, was absolutely right to say that respect for family life lies at the heart of this matter. That in particular was the basis for the regulation we are looking at, Dublin III, and this provision, which is talking about those unaccompanied adults and children from outside who wish to join a family member who is already here in order to make the application. It is about respect for family life as well as seeking to give the benefit of the asylum application under the convention, to which we are, after all, already parties. So without elaborating and with great respect to what has been said by everyone who has spoken so far, I too support the amendment.

European Union (Withdrawal) Bill

Lord Judd Excerpts

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

I hope the Minister is in a position to be a lot clearer that he has been hitherto. If he is not clear tonight, we will have to consider whether to put this to a vote. However, perhaps he can at least indicate that he is prepared to come forward with something very close to the framework for the environment body which has been promised, and explain how we will interact with the remaining European agencies in future.

[Lord Judd (Lab)]

My Lords, I strongly associate myself with what my noble friend just said, which is why my name is on his amendment.

I cannot say how glad I am to see this amendment from the noble Baroness, Lady Brown, and the noble Lord, Lord Deben, on the Marshalled List. It would be a sad day if, in our preoccupations, we were so absorbed with the constitutional and legal dimensions of the issues before us that, by default, we let go of our responsibilities as guardians of our natural and environmental inheritance and our responsibility for what we bequeath future generations. I am therefore fully behind the main amendment we are debating. My own amendment deals with a special aspect: biodiversity. Just this morning, the urgency of the situation was clearly brought home when we were reminded that the recent report on the state of the world’s birds shows that one in eight bird species is threatened with extinction. That includes puffins, snowy owls and turtle doves.

The role of the European Union has been important. The Joint Nature Conservation Committee put it clearly, as I explained in Committee. It said:

“The EU plays a crucial role in developing policy and legislation to protect the environment and meet its objective for sustainable development. The EU has specific targets for biodiversity conservation with legislative protection for key habitats and species … The EU and global biodiversity targets are partly delivered through a range of legislative measures, which place obligations on Member States to protect biodiversity and the natural environment. The EU and Member States have shared legal competence—shared responsibility—in forming and implementing legislation for the environment”.


As I said, the committee makes a third point about,

“the great importance of the directives on the conservation of wild birds and on the conservation of natural habitats and wild fauna and flora”.—[Official Report, 7/3/18; col. 1130.]

Can I just for a moment put some flesh on the issues before us? To give one important example, the balance between trees, pests and pathogens is fragile and vigilance is needed to monitor and correct imbalances where they occur before they reach an irreversible state. Invasive non-native species and pests can be at an advantage in new environments where trees have not evolved alongside them and developed the necessary biological defences or cultivated the necessary predatory species. Where this happens, the results can be devastating economically and ecologically. Trees are important in their own right and are the foundation of pieces of woodland, providing a scaffold for entire ecosystems. Beyond woods themselves, they are a vital connective habitat for numerous species to move through in response to other drivers of change, such as climate.

Through European Union membership as it stands, we already have free-flowing information sharing with our fellow member states in the area of biosecurity. These connections should surely be maintained and indeed strengthened, not least because human agency is often the cause of tree pests and pathogens moving to new areas. If we are to protect the UK from future threats—

[Baroness Goldie (Con)]

I thank the noble Lord. I think the House would welcome specific attention to the amendment in the context of his remarks.

[Lord Judd]

With great respect, I am, of course, speaking to my own amendment. If we are to protect the UK from future threats, such as emerald ash borer, then we need to maintain existing protective measures. The issues before us cannot be overemphasised and all I want is that we get an absolute assurance from the Minister that whatever happens in terms of the withdrawal Bill, we will have the same safeguards and certainty that is beginning to be generated by the international co-operation we have been achieving under the European Union.

[Lord Wigley (PC)]

My Lords, I support Amendment 27, as moved by the noble Baroness, Lady Brown of Cambridge, Amendment 28 on biodiversity, to which the noble Lord, Lord Judd, has just spoken, and Amendment 41, addressed by the noble Lord, Lord Whitty, to which I have my name. I will be very brief. Amendments 27 and 41 propose new clauses and partly cover similar grounds. I acknowledge that Amendment 27 has one advantage in that it would establish in its proposed new subsection (4) a new governmental environmental body to enforce standards. That would be in place of the work undertaken at present by the ECJ and the European Commission. This is something which the Secretary of State, Mr Gove, has announced—and noble Lords have welcomed it tonight—but which, I understand, seems to be opposed by the Treasury and even by other departments.

The consultation, which has been announced in principle, has still not materialised, as we heard earlier. Amendment 27 would require the Government to act on this matter. Perhaps the Minister will indicate the Government’s good intent by accepting the amendment or by committing to bring something forward themselves by Third Reading. Amendment 27 also has the advantage of putting into statutory form through proposed new subsection (6) the EU’s environmental principles. As with the Charter of Fundamental Rights, these are not laws and so do not come within the Government’s idea of “retained EU law”. Subsection (1) of the proposed new clause in Amendment 41 would leave things more open concerning what the new arrangements should be, but the wording in subsection (2) is narrower and more specific about what the new arrangements should cover. It also gives an emphasis relating to the devolved regimes, to which the noble Lord, Lord Whitty, referred a moment ago, and of course I greatly welcome that.

I very much support the noble Lord, Lord Whitty, on the question of membership of EU agencies. If, somehow or other, we can retain full membership, that will be ideal, but if it has to be associate membership, it has to have real bite and involvement and should not be membership on the fringes. These bodies matter. They matter on a day-to-day basis to industries, working people and companies throughout these islands, so I strongly support the practical points that the noble Lord, Lord Whitty, made and I hope that the Government can respond to them.

I would be happy to see either of the new clauses proposed in Amendments 27 and 41 going into the Bill. I certainly hope that something in the Bill can be changed to ensure firm commitment by the Government and not just warm words.

--- Later in debate ---

[Baroness Smith of Newnham (LD)]

My Lords, Amendment 29 is also in my name. I would like to say that I agree entirely with my noble friend Lord Wallace—and in many ways I do; I agree with the sentiment of everything he said—but I am a little puzzled. He is suggesting that there must be some document somewhere in Whitehall, that the Prime Minister has a plan, and that all we need is for her to give the Minister permission to tell us what is in that plan. I do not think that that plan exists. It might be nice to believe that there is a blueprint of a future EU-UK foreign and defence co-operation policy but I do not believe it yet exists.

When I was doing my homework for today, I was not rereading the collected speeches of the Prime Minister; I happened on the report of the European Parliament from last week. In one-minute summaries, each of the leaders of the groups in the European Parliament responded to the European Council meeting. Obviously, President Macron had also been present. One of the speakers was therefore the chairman of the European Conservatives and Reformists Group, the Conservative MEP Syed Kamall. He was talking so positively about the future and the existence of EU-UK security and defence co-operation that I thought he could almost be a Liberal Democrat.

I thought that I should perhaps make a note of what Dr Kamall had said, but I could not find a transcript, so I went a little bit further into the internet and discovered something that he had been writing on ConservativeHome. He was so positive about what the Prime Minister had achieved at the European summit meeting. He pointed out that she had pulled off a diplomatic coup by securing unprecedented support from EU leaders for her tough stance against Vladimir Putin. He noted that the Prime Minister had persuaded the Council to toughen up its summit conclusions. This extraordinary solidarity, he continued,

“sent a strong signal to Moscow and once again highlighted Britain’s influential role on the international stage. It has also brought into focus the importance of our post-Brexit security and defence relationship with the EU”.

Indeed it has, but the point is surely that the reason that the Prime Minister was able to pull off a diplomatic coup was that she was in the room.

As a member of the European Union, the United Kingdom has a seat at the table. The Prime Minister is present at every European Council meeting; the Foreign Secretary is present at every Foreign Affairs Council and we have people in the room every time there is a discussion about European foreign policy. However tight a relationship we seek to have when we have left the European Union, one fundamental change is inevitably going to have taken place: we will not have a seat at the table.

Therefore, while I completely agree with my noble friend Lord Wallace that we need to have clarity on what the Prime Minister is anticipating in relation to foreign and security co-operation once we leave the European Union, there is a more fundamental question: what arrangements are the Government making to strengthen our relationships with our bilateral partners—to strengthen relations with each of the member states—so that we will at least have a direct contact in each of the member states? If we do not have a seat at the table, we will have to put far more effort into our bilateral and multilateral diplomacy. So far, although the Foreign Secretary, when he gave evidence to the International Relations Committee, suggested that the Government had improved their representation in bilateral embassies, there is no clarity on what the Government are doing in hard, practical terms.

Finally, there is a second aspect to this. It is not just a question of what the Government want: it is a question of what the EU 27 are willing to concede. The House of Lords Library briefing on the proposed UK-EU security treaty points out that the European Council has stated that,

“the EU stands ready to establish partnerships in areas unrelated to trade, in particular the fight against terrorism and international crime, as well as security, defence and foreign policy”.

However, the briefing goes on to say that the European Commission has stated that,

“while the EU aims for a partnership with the UK on security and justice, the EU’s interests must be protected, a non-member state cannot have the same rights as a member state, there must be a balance of rights and obligations and the EU must continue to have autonomy in making decisions”.

That applies particularly to internal security, which we will be moving on to, but if you talk to the Norwegians, they will tell you that, however much they want to be associated with EU foreign policy, they do not have a seat at the table. They might be able to tag along when the EU has decided what it wants to do in relation to foreign policy, but the idea that they have an equal partnership is for the birds.

To get beyond fantasies, can the Minister tell us whether the Prime Minister has a plan? Is it hiding somewhere in Whitehall and is he going to be able to reveal it before Third Reading? It is not only on environmental policy that we need to have a sense of what the Government plan and what they are seeking. It is on that most fundamental aspect of the state: the defence of the realm. At the moment, although I believe that the Prime Minster wants to have a close relationship with the European Union in this area, we need to have some clarity on how she intends to get there.

[Lord Judd]

My Lords, I thank our noble friends on the Liberal Benches for having put this amendment forward. It seems self-evident in its logic. Indeed, not to respond to what it calls for would be to forgo the responsibility of government to put the defence and well-being of our people in Britain first and foremost. I have had posts in defence and in the Foreign Office and it seems inconceivable that in any significant conflict in which we would be involved we would not want to work with our allies and friends. It is much better to prepare for that and to have the arrangements in place to make sure that we make the best of it. This is not just a matter of fixing something when a crisis arises; it is a matter of having a culture of co-operation in which people feel they have a shared responsibility, that they want to develop that responsibility together, they understand each other and their training and organisation are geared to co-operation with others. From that standpoint, this is a wise amendment and I hope the Minister will respond positively.

[Lord Kerr of Kinlochard (CB)]

My Lords, in 1982 the amazing unanimity of the Security Council in favour of the British position when the Falkland Islands were invaded was the result of discussion led by President Mitterrand in Europe. Mitterrand was the first to ring Thatcher to assure her of his support. The remarkable performance of our Prime Minister at the last European Council on the Skripals, Salisbury and sanctions against Russia deserves high praise. As has just been said, it will be very difficult to replicate the kind of contacts, co-ordination and pressure that can be brought about when you are a member of the club. When you are outside the club, that is going to be more difficult.

The Prime Minister has made two very good speeches this year on this theme. The noble Lord, Lord Wallace of Saltaire, tellingly quoted from the Mansion House speech. I was in Munich and heard the February speech in which the Prime Minister made it absolutely clear that our commitment to the security of our allies and friends, partners and ex-partners-to-be, was absolute and was in no way conditional on any kind of outcome of the current negotiations. That was a very important statement. Some thought that the Lancaster House speech had created doubt on that score. I thought that was unfair, but certainly it was settled in Munich.

I do not think we need any more speeches. I do not think we need great papers and plans. I think we need wiring diagrams. I think it is in everybody’s interest that we should stay plugged in. It is in the European Union’s interest as much as it is in our interest. This is not a zero-sum negotiation. It has been a mistake that throughout the withdrawal negotiations we have tended to negotiate on their papers. We have not put forward our own papers. This is a locus classicus for a UK proposal, and I do not think it should be a grandiose proposal—they have been made in speeches. It should be an architectural blueprint. We should be proposing joint assessment staff and co-ordination cells. These things are not glamorous. We should be proposing a calendar of meetings and a joint crisis management procedure. That is the kind of wiring diagram that is needed now.

This is an important amendment because it asks for arrangements to be set in hand. The noble Lord, Lord Wallace of Saltaire, is quite correct that are we are now talking not about the end of the transition period but about the end of our membership, and if that comes in March next year, something has to be ready. I do not think it is terribly difficult to do, and I do not think the Government need fear, as I think they have done regarding a number of files in this negotiation, that if they put forward a proposal but did not get all that they had proposed then the Daily Mail would attack them. This dossier is a bit different because it is not zero-sum; it is possible that the kind of architecture that would come out at the end of the day might be slightly different but no one is going to kill anyone for that. The case for putting forward a down-to-earth, practical series of proposals quickly is very strong because the 27 will need to take a view, as will the Council Secretary. This is primarily not Commission business but the Commission will take a view, and the European Parliament will take a view. If we do not start soon then it will not happen by March, so I support the proposal of the noble Lord, Lord Wallace.

--- Later in debate ---

[Baroness Ludford]

I find myself in a similar position, in moving this amendment on behalf of myself, my noble friend Lord Paddick and the noble Lord, Lord Judd, to my noble friend Lord Wallace in moving his amendment on foreign and defence policy and external security. This is about internal security, where, in theory, we are rather further forward in designing the wiring diagrams that the noble Lord, Lord Kerr, talked about.

In her speech at the Munich Security Conference, the Prime Minister said a fair amount about these issues of extradition, Europol and data access and exchange. But there are a few little problems on the way. I very much look forward to hearing from the Minister some concrete answers about how a UK-EU security treaty will be taken forward and how it will address some of the problems identified so far. One concerns extradition. The Minister will be aware that in article 168 of the draft withdrawal agreement there is a facility allowing that the EU,

“in respect of any of its Member States which have raised reasons related to its fundamental structures, may declare that, during the transition period, that Member State will not surrender its nationals pursuant to”,

the European arrest warrant framework decision, and then the UK could declare similarly that it will not surrender its nationals.

I have to say that when Ministers from the Ministry of Justice and DExEU came to the EU Justice Sub-Committee four weeks ago, they did not appear to know what this article meant. It meant that some countries would not be able to extradite or surrender their nationals to the UK because they would have to change their constitutions. The one we all know about is Germany, which changed its constitution to be able to extradite its nationals to a fellow EU state under the European arrest warrant, but that did not apply to non-EU states. One reason why the surrender agreement with Norway is still not in force 17 years after negotiations began is that I understand there are 88 pages of declarations and notifications surrounding it, a lot of which will be to do with non-extradition of nationals. That would be a very serious omission from an extradition agreement.

Do the Government know which member states have already indicated that, for constitutional reasons, they would refuse to extradite their nationals to us or would find it impossible or politically difficult to change their constitutions, which in some cases might mean a referendum—perhaps no Governments like referenda—either during the transition or as part of the future relationship? What is the extent of that problem? If we are not going to be able to rely on the European arrest warrant, what is the situation in terms of falling back on bilateral agreements or the 1957 Council of Europe convention? How many member states have maintained in their national law the provisions for extradition outside the European arrest warrant and would they be willing to bring things back in just for us?

On Europol, are we looking at something like the Denmark model? Denmark has an opt out from all justice and home affairs measures, even though it is an EU member state and has no option to opt in on a case-by-case basis, so it is a third country for the purposes of Europol, with no decision-making powers and no access to the Europol database. Do the Government seriously expect to do better than Denmark on participation in Europol?

On enforcement and dispute resolution, is it conceivable that it would not be a requirement of a future UK-EU extradition arrangement for the UK to take account of CJEU case law and charter rights post Brexit? For instance, what is the Government’s analysis of the Irish court’s refusal to extradite to the UK and make a reference to the CJEU because of concerns about lower protections here post Brexit? These difficulties are not just going to arise after next March: they are arising already because of fears that our safeguards and protections are not high enough. I am sure that the Government are extremely grateful that they are being pushed to take these matters into account by this Chamber as well as by the European Council guidelines. Three months ago, the European Commission made a presentation of the main issues affecting police and judicial co-operation with the UK after Brexit. Two very pertinent factors were, first:

“Respect for fundamental rights, essentially equivalent data protection standards”,


and, secondly:

“Strength of enforcement & dispute settlement mechanisms”.


Those similar factors were stressed in the European Council guidelines of 23 March.

Norway, Switzerland and Iceland must not only make contributions to the EU budget to participate in Schengen laws and policies but also accept the supremacy of the CJEU over their national courts in Schengen matters. How do the Government intend to maintain access to one of the most important databases, the Schengen Information System—at the moment, we have access for the policing side though not for immigration—if they neither contribute to the budget nor accept the supremacy of the CJEU? There is no precedent for a non-EU, non-Schengen country having access to the SIS. Do the Government believe that they can, none the less, manage to gain such access? In her Munich speech, the Prime Minister said that,

“when participating in EU agencies the UK will respect the remit of the European Court of Justice”.

However, in the very next sentence, she said that,

“a principled but pragmatic solution to close legal co-operation will be needed to respect our unique status as a third country with our own sovereign legal order”.

That rather seemed to undermine respecting the remit of the ECJ. So which is it? Are we going to respect the remit of the ECJ or insist on our own sovereign legal order? I assume it cannot be both.

On the exchange of data, the Government have not, to my knowledge, confirmed that they will seek an adequacy decision from the Commission under the GDPR. They talked in the partnership paper last August about,

“building on the existing adequacy model”,

as if we could do better, and then the Prime Minister referred in the Munich speech to a “bespoke arrangement”—a term we have become quite familiar with. Would the Government not find it helpful to accept the retention of the Charter of Fundamental Rights, which we have tried to assist in today, when they try to demonstrate that they are upholding high data protection standards?

One of the issues, to which we have referred several times in this Chamber, is that our data processing for national security purposes will come under the spotlight in a way that does not happen while we are an EU member state, because national security is outside the competence of the EU. However, once we are outside the purview of the EU, our Investigatory Powers Act and other provisions—including quite possibly our co-operation with the United States on intelligence data matters—will be scrutinised as to whether they sufficiently safeguard privacy. The noble Lord, Lord Callanan, who is sitting next to the Minister who will reply, will know as much as I do from our experience from 2013 how difficult those issues can be. The Court of Justice struck down the safe harbour agreement because of worries about data transfers and data access by security agencies in the United States.

I hope I have given the noble Baroness the Minister a few small questions—or rather the noble Lord; I am sorry, it is difficult to keep up—which deserve quite meaty answers. There was no beef in the response on security and defence policy, but the Prime Minister herself has been much more explicit about the possible arrangements on internal security. I draw attention to the wording of the amendment, which includes showing how the measures,

“will not remove or diminish any rights of the individual in the criminal justice process”.

We participate in some procedural rights—not as many as some of us would like—but we need to uphold the rights of defendants and victims in the criminal justice process as well as to enable the police to catch criminals. I therefore look forward to learning from the Minister some quite explicit and specific details about how the UK-EU security treaty is advancing. I beg to move.

[Lord Judd]

My Lords, in warmly supporting this amendment, I will make only two points. First, crime is now global and international; trafficking, drugs and terrorism know no frontiers. When I was serving on the Home Affairs Committee and we looked into these matters, I was impressed by the way in which one person after another who had front-line operational responsibility said how important the European dimension was to them, how any diminution in the effectiveness of co-operation with Europe would not be in the interests of the protection of the British people, and that we needed our colleagues in Europe. When asked, “But what about those elements of Europe which might not be as well equipped professionally and in other ways to undertake the tasks as we regard ourselves as being?”, the answer was, on the whole, very firm. They said, “We had better help them to become as effective and not walk away from them because we shall need them”. This amendment is therefore very important and I commend it to the Minister.

European Union (Withdrawal) Bill

Lord Judd Excerpts

Report: 3rd sitting (Hansard): House of Lords
Wednesday 25th April 2018 Lords Chamber

[Lord Whitty (Lab)]

My Lords, Amendment 48 is in my name and in the name of my noble friend Lord Judd. I have often remarked, in my long years in this Chamber, that the attendance in the Chamber is often in inverse proportion to the range of interests in the population and economy as a whole. I am glad we have the additional attendance of the noble Baroness, Lady Sugg. This is a very important issue to a large proportion of our population and a large chunk of our industry—everybody who is ever a traveller, a tourist, an importer or an exporter, or who buys those imports or sells those exports, everybody who works in the international transport sector and the whole of the aerospace and other manufacturing industries which support all those sectors.

Ministers will recognise that I am returning to my favourite subject in the Bill: the future relationship with the EU agencies. Frankly, I have at no point received clarity from the Government—nor have the industrial sectors—as to their aim in the negotiations and what they would like the future relationship to be between our industries in those sectors and the EU agencies of which we are currently full members.

I was encouraged in this view only yesterday. As noble Lords will know, I am a member of your Lordships’ EU Select Committee. This was in public proceedings, so I can reveal it. We had before us yesterday among our witnesses the director-general of the CBI. We asked her what were the practical problems for her members that were being brought to her, of the uncertainty and lack of clarity over Brexit. The very first thing she mentioned was that there were so many sectors that did not know what their future relationship with those agencies and the processes under those agencies would be—in other words, the very terms of trade and the terms of the relationships under which they will operate. That underlines the Government’s failure to explain what they are after.

We had some glimmer of light from no less a person than the Prime Minister herself. In her Mansion House speech, she referred to having to have continued relationships with the aviation agencies. She referred to associate membership. I have said before that associate membership does not bring the kind of rights and influence that we currently have, but nevertheless it is a step forward on anything else the Government have said. On the rest of the agencies—there are not only the three mentioned in the amendment, but roughly 40 other agencies that affect different sectors of our economic and cultural life—we have no glimmer of what the Government intend.

Transport is a vital sector. I would hope that Ministers could give at least as clear an assurance as I think the noble Lord, Lord Callanan, gave on Monday in relation to my equivalent amendment on the environment and food safety agencies. He said that, because the Government were committed to bringing forward a new statutory authority for environments, before we reach Third Reading greater clarity will be shed by the Government on the role of the environmental agencies. I would hope that we could have at least a glimmer of such hope with regard to the transport agencies.

The aviation industry is probably the most acutely affected by this, as not only British airlines and European airlines but also American and third-party airlines do not know what they will be selling in a year’s time. We do not know what the landing rights will be; we do not know how British-based airlines will operate, even through the transition period. At the moment, in the transition period, if we understand the EU’s position clearly, they will no longer be members of those agencies. EASA, to take the most important example in this amendment, has been greatly influenced by British presence, expertise and regulation. The British aviation industry is the biggest single such industry in Europe, and the tourist industry in Spain and several other Mediterranean countries depend on it continuing to be so. If we are no longer full members of EASA, the airlines themselves will be in difficulty in knowing quite what they will sell to their customers—passengers —in less than 12 months, and even more so beyond 2020.

I am not entirely sure whether the noble Baroness, Lady Sugg, or the noble Baroness, Lady Goldie, will reply to this debate. I do not mind who says it, and hope that they are all agreed, but I would like a bit more hope that we can get greater clarity on these vital transport agencies, which are key to connectivity across Europe. We ought to have clarity before we complete the passage of the Bill, and the Government have only a few weeks to provide that clarity. I beg to move.

[Lord Judd (Lab)]

My Lords, it is always good to support my noble friend Lord Whitty. He invariably brings to our deliberations well-argued, well-analysed speeches that in the end boil down to common sense. His arguments are absolutely irresistible, and I cannot imagine that the Government would not want to be positive in their response, in one way or another.

One of the opportunities that you get when living in Cumbria is that when you have clear skies—and we have clear skies more often than the cynics suppose—one sees the indispensability of British airspace to European traffic, using the Arctic routes to North America and beyond. There are mutual interests at stake here, which is partly why this is so urgent. We cannot scramble something together at the last moment as a consequence of the action that we have taken constitutionally; we must plan now for how we are going to guarantee effectiveness in meeting the challenges of that mutual interdependence.

European Union (Withdrawal) Bill

Lord Judd Excerpts

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

[Baroness Massey of Darwen (Lab)]

My Lords, together with many noble Lords, I have always fought for the rights of children, to protect children, to engage children and to empower children. I have to declare an interest now that I am chair of the Council of Europe Sub-Committee on Children. I am also active in children’s issues in the UK.

The amendment explores the potential impact of Brexit on children. I thank the Minister for Children, who along with his staff met me a couple of weeks ago. I hope the Government are listening today. I do not intend to call a vote on this amendment but I want to strongly draw attention to how important it is to consider children in all aspects of our discussions on Brexit. I hope that after this debate we will have further talks with Ministers about the rights of children, and that they will guarantee that children’s issues are monitored throughout the discussions.

Despite the Government’s stated commitment to the UN Convention on the Rights of the Child and their reassurances that children’s rights will not be affected by the departure of the UK from the EU, it is clear that both the foreseeable and unforeseeable impacts of the UK’s withdrawal on children’s lives have not been thoroughly considered in the Government’s proposals as contained in the withdrawal Bill. This has already been raised as a concern by MPs, Peers and children’s organisations alike, given that the legislation and protections derived from our membership of the EU affect so many aspects of children’s lives, from consumer and environmental protections to cross-border safeguarding and anti-trafficking measures.

We have already drawn attention to the need to ensure that we do not go backwards in the protection of children’s rights during and after Brexit. This is about preserving existing rights and protections for children and making sure that our exit from the EU does not erode or undermine them. We have heard many assurances from the Government that they are fully committed to children’s rights and protections and to the UN Convention on the Rights of the Child. They maintain that their ability to safeguard children’s rights will not be affected by withdrawal from the EU and that these issues will go into domestic law. However, it is a serious matter that we know that decisions taken at central government level, which have a significant impact on children’s lives and well-being, are not taken with the principles and provisions of the UNCRC in mind. For example, assessments of the potential and expected effects on children’s rights are not yet routinely carried out, and we know that in 2016 the UN Committee on the Rights of the Child, which monitors the implementation of the UNCRC, recommended that the UK ensure that all the principles and provisions of the convention be directly applicable in law in the UK, which is currently not the case.

That is why I have tabled an amendment requesting a government commitment, in the form of a ministerial statement, to consider the UN convention when making legislative changes as a result of EU withdrawal. Despite assurances to the contrary, our current domestic legislation is not comprehensive enough to ensure the full protection of children’s rights after our exit from the EU. The Human Rights Act and the Children Acts of 1989 and 2004 provide important but insufficient protections. While retaining the Charter of Fundamental Rights would be extremely useful and welcome, the amendment would ensure additional protection for children and their rights.

In preparation to leave the EU, as the statute book is amended, we should be wary of any changes that affect children in a contrary way. There is a real risk that children's rights will not be considered. That could have serious implications for children in a number of areas, namely data protection; cross-border co-operation in child safeguarding and anti-trafficking efforts; paediatric clinical trials; food safety and labelling; TV and media advertising; environmental standards and protections; the rights of migrant children to access healthcare and education; and cross-border family law.

Currently, under EU law, trade in goods and services between EU members has to ensure that children’s welfare is protected. Any new trade deals that the UK embarks on after Brexit must include adequate safeguards to ensure that children are not put at risk.

As things stand, the Government’s proposed delegated powers would allow them to make important decisions on EU withdrawal, decisions that could have a significant impact on children, with little or no parliamentary scrutiny. This makes it even more imperative to have a ministerial statement of commitment that government departments will consider the UNCRC in their EU-related decision-making during and post Brexit. Such a commitment would demonstrate and guarantee a clear willingness by the Government to ensure that there will be no going backward in children’s rights protections after leaving the EU.

Current efforts by the Department for Education to develop training for officials on the UN Convention on the Rights of the Child and UNICEF’s child rights impact assessment template to be used as a development tool across government departments are welcome, and represent a useful resource, but they are not sufficient by themselves. I also seek from the Government a guarantee that the training of officials on the UNCRC and the impact assessment tool on child rights will be used across government departments to secure and ensure that children’s issues will not be solely the responsibility of the Department for Education. Cross-departmental working is very powerful, but how will it be ensured?

A precedent for an audit to protect children’s rights has already been set by the Scottish Government. I urge the UK Government to do likewise. I hope to continue discussion with the Government about this and to convince them that this is an important issue which cannot be overlooked. I beg to move.

[Lord Judd (Lab)]

My Lords, I congratulate my noble friend on having put the amendment before us. I am sure the Government will take it seriously; I cannot believe that they would do otherwise. I want to make only one point. The convention is terribly important. It is clear time and again that, in our affairs in the UK, it is not yet fully operative. If there are ways in which we have been enjoying the strengthening of its operation by our membership of the European Union, it is doubly important, following any exit from the European Union, that those issues are covered closely by our own arrangements. I am sure that an audit is a realistic and practical suggestion which also deserves attention.

Britain played a very important part, as it so often has in international affairs, in the construction and drawing up of the convention. Many distinguished Conservatives were behind the operation. Because of that commitment—it was not just a matter of getting something on paper; it is how it is actually applied—what my noble friend has proposed and the way she has emphasised it this evening shows that the Government need to give the issue serious attention and to give her the assurances she seeks.

[The Earl of Dundee (Con)]

My Lords, we discussed two key aspects of protecting children’ rights post Brexit in Committee.

The first is the need to guarantee that our present level of cross-border co-operation should not diminish. Here, my noble friend gave me an assurance, for which I am grateful, that the United Kingdom’s current security arrangements in Europe will continue; and, in particular, through the effective agencies now deployed, including Europol, the European arrest warrant, Eurojust and ECRIS.

The second matter, focused in the amendment before us, is that, post Brexit, UK domestic law and its deployment should manage to reflect and be guided by the United Nations Convention on the Rights of the Child. My noble friend also gave a commitment on this in Committee: that UK domestic law would always reflect and be guided by UNCRC. Following that resolve, it should not be necessary that UNCRC be incorporated within UK law. Yet perhaps my noble friend the Minister may be able to support what this amendment implies: that a Statement to the House should be made at another time, as convenient, setting out more broadly the Government’s commitment to children’s rights, while also indicating the work that is going on across government and in the United Kingdom to promote and protect these rights.

My noble friend the Minister might possibly agree as well that such a Statement such could usefully include an undertaking to offer on certain relevant policies impact assessments on children’s rights.

--- Later in debate ---

[The Earl of Clancarty (CB)]

My Lords, Amendment 60 seeks to maintain opportunities for young people to travel, work and study freely within Europe and to ensure that these opportunities are not diminished. I am very grateful to the noble Lord, Lord Judd, for adding his name to this amendment. I should say now that I am not going to divide the House on this because of the late hour.

Consideration for the young people of this country should be a major—perhaps even, it could be argued, the major—consideration of the negotiations, because young people are the future of the country, a point that was made in a different context this evening. This amendment is fundamentally about equal opportunities for young people. If the Government cannot guarantee, or at least pledge to try to achieve as far as Europe is concerned, opportunities for our young people which are at the very least equal to those of the majority of young people in the rest of Europe, our withdrawal from Europe will be worthless on that count alone.

I was struck by the forcefulness of some of the comments that were made in Committee, and it is worth repeating a couple. The noble Lord, Lord Judd, who is in his place, said:

“The feeling of dismay and disappointment among young people is hard to overestimate”,


while the noble and learned Baroness, Lady Butler-Sloss, talked about her eldest grandson being,

“incandescent with anger that he is about to be deprived of the right to look for a job anywhere across Europe”.—[Official Report, 14/3/18; cols. 1741-42.]

I find those observations, which are representative of how young people feel—the huge uncertainty and, yes, the anger—difficult to square with the lack of urgency in the Minister’s reply in Committee in which he tried to conflate the wishes, as he put it, of young and older people. Those needs, rather than wishes, are not necessarily the same. For many young people, travel, work and study are bound up together as part of the experience of broadening horizons, of exploration as well as career development. It needs to be understood that, while the young have energy, they will very likely have neither the financial resources nor, as yet, the standing of established professionals. Of course professional people have their concerns as well, but if opportunities are diminished, including those afforded by Erasmus+, it will be young people from less privileged backgrounds who will be the first to suffer from increased costs, restrictions, bureaucracy and indeed the loss of those opportunities themselves. It has to be added that changing attitudes and expectations will invariably be reduced and narrowed if these opportunities are diminished.

I will not repeat the detailed and passionate arguments that we heard from many Peers in Committee about Erasmus+. I will say simply that we absolutely need to remain a member of a programme that is of benefit not just academically but for sport, apprenticeships, schools and even budding entrepreneurs—and, significantly perhaps, for the intercultural skills that all study, work and travel abroad at their best develop. I hope that the Minister will agree that we should continue to be involved in the development of Erasmus+ and not act as though this is something that we may be withdrawing from.

I have two questions on this for the Minister. If he cannot answer them today, perhaps he could put his answers in writing. First, universities, including in the Russell Group, are worried that the message that we are fully involved at least until the end of the 2020 programme, which the Government have said we will be, is not getting through to everyone, students at home and abroad included. The Government can be more proactive in spreading that message. Accordingly, will the DfE put out a document outlining its position on Erasmus+ akin to that put out in March by the Department for Business, Energy and Industrial Strategy on Horizon 2020? That would be extremely helpful.

Secondly, in reply to this amendment in Committee, the Minister said on participation:

“We will take a decision when we see what the successor programme is”.—[Official Report, 14/3/18; col. 1747.]


That was a very worrying answer. The Government should be helping to influence the shape of the programme to make it even better than the current one already is. Frankly, surely we know already that what it will have to offer will be well worth our participation. The universities know this, as does every expert in this House who spoke in the Erasmus debate in Committee. So will the Government now indicate when they will negotiate our participation to ensure the smoothest transition between the current programme and the next?

I repeat that travel, work and study for young people within Europe is a question of equal opportunities. I remind the Government that, despite the result of the referendum, 75% of under-24 year-olds voted to remain across every section of society. If Brexit is to be successful, we should realise that a Brexit that ignores the needs and demands of young people will be a failure and the Government ignore those needs at their peril. I beg to move.

[Lord Judd]

My Lords, I am very glad to support the amendment. The world is totally interdependent. Any future for Britain will depend on working out a relationship and practical participating role for Britain within that international, global reality. The young understand this, and this is why there is so much disillusion and disaffection among the young in particular with the whole process of Brexit. The young want to belong to the world and they want Britain to be part of the world.

If we are to have a future as a nation, our educational system depends—it is not an add-on—on the international dimension in which, from the youngest age through to postgraduate degrees, people understand that they are part of a world community and see the world dimension of the study that they are undertaking. The presence of students from other countries and their sharing of experience and perspectives is part of the educational process. It is not just a matter of whether there is more income for universities, it is a matter of the educational process itself and the quality of education. That matters.

Travel is terrifically important, because people want to form relationships. That must start with our immediate neighbours in Europe, and we want people in Britain who will understand and instinctively see the implications of what may be happening in Europe and how Britain can play a part in meeting the challenges that arise.

The amendment is vital in bringing home that reality about the young. The young have a great sense of betrayal—that is the word that has been used to me—by having their futures put, as they see it, in jeopardy as a result of what we are doing with the Brexit legislation. Here is a chance for the Government to redeem the situation, to redeem their reputation and to show that they will take second place to no one in their international commitment.

[Baroness Humphreys (LD)]

My Lords, I was pleased to speak to a similar amendment in the name of the noble Earl, Lord Clancarty, in Committee, and I am equally pleased to support the amendment now. At this point in the evening, I do not intend to detain your Lordships longer than necessary, so my intervention will be short.

All that the amendment asks is that the Government, as part of the withdrawal process, negotiate a continuation of the EU rights that my generation has enjoyed for those under 25. The vital point at the basis of this issue is that the EU passport that we all hold is not just a passport, it is a visa. It is a right to live, work and study in any of the current 28 countries in the EU and to move between those countries at will.

The Government underestimate the frustration and anger that some young people feel at the removal of their rights to freedom of movement and, under Erasmus, to study abroad. On more than one occasion during debate today, Members of your Lordships’ House have referred to the divisions caused by the Brexit vote, but there is no greater potential division than that between the conflicting visions of our country’s future: our young people seeking to move forward in the openness of the EU and some older people seeking the comfort of the past.

Is it not time that the Government showed young people that they understand their concerns? The Government have recently been accused of institutionalised indifference on many issues. Perhaps the amendment affords them the opportunity to disprove that description.

--- Later in debate ---

[Baroness Goldie]

My Lords, let me say that the Bill does not in any way alter the Government’s long-standing commitment to proper consultation, a concern articulated by the noble Baronesses, Lady Young of Old Scone and Lady Jones of Whitchurch.

Amendment 64 would effectively place a statutory requirement to consult, for a period of three months, on all legislation which will affect EU-derived domestic legislation, whether from the Bill or elsewhere. This would effectively reduce the time available to prepare the regulation by three months. I suggest that that could be profoundly undesirable. As we have previously detailed in this House, departments are keen to engage with stakeholders on current matters and on the progress of the negotiations, and will continue to do so where this is possible and where it does not negatively impact on the negotiations in any way. To be fair, I think that the noble Baroness, Lady Young, did acknowledge that.

The consultation process requires resources and time from government and stakeholders. To be frank, we want to focus the energies of those inside and outside government on the most important measures, rather than having them occluded by the sheer volume of consultations on minor matters that could arise under these amendments. I appreciate the concerns that we have heard throughout this debate, but I hope the House will accept at the least that a great many instruments will be technical and minor and designed to ensure continuity. A specific legal requirement to consult, as the amendment envisages, could affect our negotiations with the EU by forcing our legislative plans to pre-empt those discussions. It also risks consulting on a legislative proposal that does not accurately take account of ongoing negotiations.

The noble Baroness’s amendment focuses on the legislation we have made in the UK to implement our EU obligations and the changes that might be made to that legislation in the period immediately after our exit from the EU. This is a point I know many are concerned by and I know that some noble Lords have not yet been completely satisfied by the Government’s commitments on the protections that will apply to that legislation. The noble Baroness, Lady Young, referred to the government amendments: the amendments to Schedules 7 and 8 will ensure that the exercise of the powers under the Bill are transparent to Parliament and to the wider world. Indeed, our provision in Schedule 8 will also go further than the 2021 deadline in the noble Baroness’s amendment and will require, for all time, Ministers making amendments by powers in other Bills to explain any changes they make to regulations made under Section 2(2) of the ECA and set out the good reasons for them. These statements will have to be laid before Parliament and will have to explain the impact of the amendments and any relevant law, including EU law.

It is clear from this that there will be no evading transparency when future Governments divert or update the legislation they will inherit from our EU obligations. I say to the noble Baroness, Lady Jones of Whitchurch, that I think that that is a formula for very robust parliamentary scrutiny. I hope the noble Baroness understands why the Government cannot accept this amendment.

[Lord Judd]

My Lords, the noble Baroness has referred to the fact that many matters will be minor and technical. This is exactly the point. What may seem minor and technical to administrators and government may be very big issues indeed for some of those who will be affected, particularly in the environmental sphere, and whose co-operation in making a success of whatever is being done is vital.

I also ask the Minister: is it not true that the whole point about so many environmental issues is that they cannot be resolved within the context of the UK alone, but have an international dimension? Fisheries is a very good example. It is for that reason, which plays right into the community here, that we have to be very careful about referring to things as “minor” or “technical”. Sometimes they are life-and-death matters to people who really are on the front line.

[Baroness Goldie]

The noble Lord makes a perfectly valid point, with which I have some sympathy, but I am endeavouring to deal with the points raised by the noble Baroness, Lady Young of Old Scone, in the context of her amendment. I am pointing out that it is not that there will not be consultation or robust parliamentary scrutiny. There will be an opportunity for parliamentarians in both Houses to identify the very sorts of concerns to which the noble Lord has referred.

I have set out the Government’s position. I hope the noble Baroness understands why the Government are unable to accept this amendment, and I urge her to withdraw it. I confirm that the Government do not propose to reflect further on this issue between now and Third Reading, so if she wishes to test the opinion of the House, it would be appropriate to do that now.

--- Later in debate ---

[Lord Judd]

My Lords, the issues raised and, if I may say so, powerfully argued in her speech by the noble Baroness are grave. People came to live here in the expectation that they would be welcome, of course, and that they would contribute to our economy, which would be appreciated. But most importantly they came here in the context of European citizenship, understanding that as part of being a European citizen they had every right to move here and establish their lives here. We, by our moves to leave the European Union, have circumscribed the rights of citizenship. This is in history a dramatic and grave event. We really have a responsibility to ensure that what people did in good faith—and in terms of citizenship—is preserved. If we have any claim at all to being a responsible nation in the global community, citizenship must be regarded as one of the most precious elements in human life. The need to be certain beyond doubt about what the position of these people will be is therefore essential.

The other point is that we are already seeing the consequences of not having settled the issues. The health service is having still more problems because people feel unable to commit their families to living here. I am involved in several universities and there is evidence that people who wanted to come and make a contribution in our universities as academics are thinking twice about it because they are not sure what their status will be. That applies also and not infrequently to people who are already here and considering promotion or some other job within the university environment. These are just examples, but these matters are urgent.

I remember absolutely clearly that when we had just had the referendum, the response from the Government was quite encouraging because it was said by the Prime Minister and others that, without any doubt, this matter would be given priority above all others. Where is the evidence of this priority above all others? We really need some convincing answers from the Minister this evening.

[Lord Berkeley]

My Lords, I spent this weekend with a couple whom I have known for a long time. She is German and he is British. They have children and she taught at a European school for 20 years. She said, “You know, ever since the vote two years ago I’ve been looking for an answer. I haven’t had one and I’m just fed up”. She has lived in the UK for 20 or 30 years and her conclusion was that the Government are now so untrustworthy, so devious and so unwelcoming that she is thinking of taking her family back to Germany, or perhaps Holland or somewhere. That is a common message that we have heard from many noble Lords and it is disgraceful that these citizens have been used as bargaining chips for the last two years. I hope that the Minister will give us some comfort that this period of real worry for their families will soon come to an end.

European Union (Withdrawal) Bill

Lord Judd Excerpts

Report: 6th sitting (Hansard): House of Lords
Tuesday 8th May 2018 Lords Chamber

[Lord Judd (Lab)]

My Lords, I have listened to my noble friend with the respect with which I always listen to him. Would he not agree that on the day of the referendum a substantial proportion of the British population was unconvinced? If we are to make a success of change in the constitution, consensus and maximum good will are essential. That is why it is so important for the House of Lords to take as long as necessary to make sure that the anxieties of the large section of the population that did not go along with this decision is reassured.

[Lord Grocott]

As far as that is possible; the choice was and is still a binary one. I do not think that there can be a compromise between my noble friend Lord Adonis’s position and mine, because he wants to remain in the European Union and I want to leave it. There may be a halfway position there, but I have not quite discerned it yet. Larger brains than mine need to find a consensus on that, if there is one. However, I am utterly clear that once this House of Lords, as well as the House of Commons, has said to the British people, “We want you to make a decision. We’ll tell you what the wording on the referendum ballot paper will be. We’ve decided that, we will decide the date, and we will abide by that decision”, those statements are unchallengeable. It is our duty to deal with the legislation which is the inevitable consequence of that decision, of which the Bill is one part.