European Union (Withdrawal) (No. 5) Bill

Lord Judd Excerpts

2nd reading (Hansard): House of Lords
Thursday 4th April 2019 Lords Chamber

[Lord Howarth of Newport (Lab)]

My Lords, this Bill is misconceived in every aspect. It mandates the Prime Minister to seek an Article 50 extension, and in so doing its authors are pursuing what we used to call a chimera. I think we now call it a unicorn; the unicorn of soft Brexit. Where sovereignty is concerned there is no such thing, and it is sovereignty that is essentially at issue in Brexit. By sovereignty I do not mean power; the power of a nation is always circumscribed. I mean our right to make our own laws in our own democratic institutions, accountable to our own people and interpreted by our own courts. On that there should be no compromise. The choice in 2016 was between leaving and remaining. That is still the choice.

The people of this country took a robust view in 2016. They were warned of the possibility of economic disruption—indeed, they were warned in lurid terms by Project Fear. None the less, they voted as they did. Remainers are wont to say that no one voted to be poorer, but the people of this country voted as they did in full awareness of the potential consequences, including the possibility that leaving might make them poorer, and that was the decision they took. That was what they decreed.

The political parties committed themselves in advance of the referendum to accept the decision of the people, and in the wake of the referendum they committed themselves to respect it. It was therefore incumbent on the Government to pursue a clean Brexit. That meant being willing to leave the European Union and trade in the future on WTO terms, while of course seeking to achieve a free trade agreement as soon as possible—a Canada-plus-plus-plus deal. That would have been possible. Had the Government, following the referendum, stated that they were going to negotiate as soon as possible a free trade deal with the European Union, but that if the European Union was not willing to grant that for some time they would none the less be willing to leave with no deal, then our negotiating position would have been very much stronger. By now, this country would have been psychologically and organisationally much better prepared than it is today.

Remainers often assert that the real reason people voted to leave was fear of immigration. It is true that a minority were very much moved by that consideration, but there is no inconsistency between believing we should leave the European Union and being an internationalist—understanding and valuing the economic, social and cultural benefits of immigration. Reassuring those of our fellow citizens who are apprehensive and nervous about immigration is a very important challenge for our leadership. The best way to do that is to make it clear to them that in future we will have the power to make our own decisions about our own immigration policy. That is among the reasons why membership of the single market and the Norway option are inappropriate for this country.

From the point of view of democracy, no deal is indeed better than a bad deal, a phrase which the noble Lord, Lord Hannay, referred to rather contemptuously as “that appalling mantra”. It all depends on your point of view; if you believe that the issue of democracy is paramount in Brexit, then no deal is better than a bad deal. There is no such thing as a soft Brexit. It is not Brexit. Soft Brexit is actually soft remain. The Prime Minister’s withdrawal deal and the political agreement would entail the continuation of very important elements of lawmaking being controlled by the European Union, with the Court of Justice of the European Union hovering over our courts. A softer Brexit still, such as the customs union, would be Brexit in name only.

If as a remainer you believe that economics is what matters above all, you can well contemplate a soft Brexit. Of course there are degrees of separation that you may be willing to consider. However, the remainers paint a lurid picture of what our departure from the EU may mean. They suggest—the noble Lord, Lord Stern, made this case just now in stark terms—that to leave without a deal would be a catastrophe; my noble friend Lord Adonis described how the country would be “trashed” in such circumstances and talked of us driving at 100 miles an hour towards a cliff edge.

I prefer the sensible and calmer language of the noble Lord, Lord King of Lothbury, who is a very respectable economist—the noble Baroness, Lady Ludford, talked of reputable economists, but as far as I can see, her definition of a reputable economist is an economist who agrees with her. There are economists who do not. I prefer the view of the noble Lord, Lord King of Lothbury, to that of his successor, Mr Mark Carney, who has addressed this issue in rather alarmist terms, and I am amazed at the leaked document in which Sir Mark Sedwill, the Cabinet Secretary, described the possible consequences of no deal in melodramatic terms. How can he possibly contend that the price of food would rise by 10%? It is of course a possibility that there may be some devaluation of the pound at the moment we leave the European Union, but we will have the great opportunity—this is the crucial point—to abolish the tariffs on food and allow our people to have the choice of cheap food if that is what they want to buy.

It is not Brexit that is damaging our economy at the moment but the uncertainty associated with the Brexit process and the prolonged nature of it, which are paralysing decision-making and investment. Those who argue for a further extension, and that is what the Bill is about, are proposing to perpetuate this period of indecision and economic paralysis. The sooner we extricate ourselves from the close relationship we have with the European Union, the better the chances of our prosperity. Look at the condition of the German and Italian economies and at the structural flaws of the eurozone, with no integrated fiscal or economic policy. The European Union will change, because its present configuration is unsustainable. Either it will proceed to a much more integrated economy, as the President of France wants it to do—which I believe would be, politically, entirely unacceptable to us—or it will begin to disintegrate. The financial and economic consequences of that will be dire, and the more so if we are still in membership.

[Lord Judd (Lab)]

We all have immense respect for my noble friend, but he has associated concepts and thoughts with the position of remainers on which I simply cannot remain silent. Some of us have always believed with deep conviction that, while politics and economic relationships are the mechanisms that helped to build the European Union, the purpose of the whole European drive has been to build peace and security on the European continent, and it has certainly achieved that. We are anxious that we do not give an example to the world in that, having done that successfully, we are now going into retreat.

[Lord Howarth of Newport]

I have the greatest respect for my noble friend. He is of course right that that was the founding vision of the European Union, and that has been its great justification. However, I put it to him that today’s European Union is not an agent for peace and social harmony. If he looks at the levels of unemployment across the Mediterranean countries, the rise of neo-fascism in eastern Europe and the palpable tensions and indeed hostilities within the European Union, I fear that the model that attracted his idealism is no longer the European Union we have today.

[Lord Judd]

My Lords—

[Lord Howarth of Newport]

I must proceed, if my noble friend will allow me. I am grateful to him.

I find it extraordinary that those of us who believe that what is essentially at stake in Brexit is the future of our democracy and say that that is the most important thing should be characterised as hardliners. The fact that this language is used goes some way to explain the disillusion that there is among so many of our fellow citizens with politicians.

The endeavour of Brexit is about the self-respect of a country that has centuries of tradition of parliamentary government but gave away too much of its parliamentary government in 1972. It is significant that older people, who have longer memories of our parliamentary government and democracy, have been more disposed to vote leave, and that younger people, who have been brought up in a culture of cynicism about politics—a cynicism that I think derives from the democratic deficit of the European Union, in which we are implicated—are the main remainers.

The Bill, and the procedures under which it has been introduced and is being treated in Parliament, abrogate important elements of the constitution. It is flawed even in its own terms. As the noble Lord, Lord Norton, reminded us, it betrays a profound misunderstanding of the respective roles of the legislature and the Executive. Parliamentary government does not mean Parliament governing, and it is very wrong, as the noble Lord, Lord Pannick, and the noble and learned Lord, Lord Judge, have intimated, that the Prime Minister should be dispatched by Back-Bench legislation to negotiate with the Council of Ministers with her hands so tied. That is an insult to her and her office. It is not in the gift of the Parliament of the United Kingdom to determine unilaterally the date of our exit.

As the constitutional proprieties have been so comprehensively junked in recent times, we would be well within our rights if we were to reject the Bill and ask the other place to think again. Of course, we will not do that, but I hope that we will seriously amend the Bill on Monday.

Meanwhile, I hope that we will indeed leave on 12 April. Our departure will be more ragged than it need have been because it has not been well prepared for. The House of Commons does not want us to leave with no deal but, as the noble Baroness, Lady Deech, asked: what would the extension be for? The House of Commons may not like no deal, but the House of Commons has been completely unable to determine what it wants. If we leave on 12 April or shortly afterwards, we can then embrace our birthright, renew our democracy, embark on a politics of reconciliation, address ourselves to the major issues that have been so badly neglected during this Brexit saga and seek a progressive internationalism for our country.