Beyond Brexit: Institutional Framework (EUC Report)

Lord Kerr of Kinlochard Excerpts

Monday 6th December 2021 Grand Committee

[Lord Kerr of Kinlochard (CB)]

The pleasure of debating these excellent reports has been perhaps too long deferred, but every cloud has a silver lining, and the accident of timing means that our views will be responded to by the noble Lord, Lord True—a genial, subtle debater, and not at all frosty.

I intend to talk only about the institutional framework report and its description of the array of committees set up to manage the relationship. They have been described by my noble friend Lord Kinnoull; I will not repeat that. To me, the most striking thing about this huge construct is that nowhere in any of these committees is anyone from the 27 EU member states. We are on one side of the table, the Commission is on the other side, the members states are nowhere. That is because it is a framework for managing separation and divergence in areas of Commission competence. It is a framework for managing inevitable problems arising from separation.

It seems that the UK side did not want any similar structure for co-operating on common problems—problems that we and the 27 face in common and where we might share a common interest, such as Covid, global warming, refugees, or an ever more assertive China. The EU side did want a structure for regular meetings to handle such issues; all its association agreements with other third countries contain one. It particularly wanted one with us on foreign and security issues, but we said no. The noble Lord, Lord Frost, giving evidence to the Select Committee, is quoted at paragraph 57 of the report as explaining that there was “no need” for the treaties to provide for regular high-level meetings because

“they will happen naturally and organically”.

Really? How many have there been? I cannot recall any. Perhaps the Minister can tell us whether we have proposed any. Should we not?

I do not want to criticise the framework; I think I understand the role of the various committees and I hope that in due course they will all get around to meeting, but the structure needs to be supplemented. Quite seriously, I think we need to overcome the temptation to celebrate difference and to recognise that splendid isolation is not always all that splendid. In tackling global problems, our closest neighbours will often be our natural allies and co-operation can make sense, but it needs a framework—ad hoc arrangements can be difficult with 28 diaries—and most countries find the discipline of an ordered schedule, agreed agendas and prepared meetings rather helpful. Regular contacts also diminish distrust, whereas meetings missed mean more misunderstandings, and mutual trust seems to be in rather short supply right now. My point is quite a big one, and I do not expect the Minister to buy it today—but I ask him seriously not to reject it and to agree to think about an additional framework for handling issues common to us all but not problematical between us.

I want to make three smaller points. First, the TCA records agreement to set up a civil society forum to meet at least once a year. Mr Gove told the committee that he welcomed the idea. I like the idea—dialogue diminishes distrust—but we do not seem to be rushing to set up the forum. Can the Minister say why? Are the Government now consulting civil society on how our contingent will be constituted? If not, when will they?

Secondly—and closer to home, because it directly concerns your Lordships—whatever happened to the parliamentary partnership assembly set out in the treaty, to consist of Members of this Parliament and of the European Parliament? Mr Gove welcomed that too, and so do I. I am not party to whatever discussions there may have been between the two Houses, but it seems that the hold-up in setting up the assembly lies on this side of the channel. The European Parliament’s team is out on the pitch warming up, but we still seem to be having a selectors’ meeting. I presume that the discussions between the two Houses are ongoing. Can the Minister tell us what Mr Rees-Mogg’s position is? Is it recumbent? Is it laid back? Is it supine? Is our Leader actively seeking to rouse Mr Rees-Mogg? Does she accept the recommendation of the Select Committee in this report that the Government table the necessary constituting Motions in both Houses?

I think the partnership assembly could be rather useful in a number of practical ways, not least—and here I touch on the area of the noble Lord, Lord Jay—in allowing Northern Irish voices to convey, directly to European Union legislators, Northern Irish views on single market laws that would apply in Northern Ireland. More generally, the assembly could help to bridge the trust gap. We should talk to the 27 quite a lot, and talking to MEPs would not be a bad way to start as a supplement to, and not a substitute for, proper intergovernmental contacts.

Finally, can the Minister tell us who is now responsible for bilateral relations with our 27 neighbours? Is it the Foreign Secretary or is it the noble Lord, Lord Frost—as I think I recall we were told when he was appointed? If it is the noble Lord, can he and does he draw directly on FCO expertise? I ask because the episode of the unfortunate letter to President Macron worries me. It could have been better drafted had an expert eye looked at it. Releasing it in a tweet before the Élysée had seen it could have been avoided had experts been involved. It is easy to say that we have had enough of experts, but these things matter, and it is a fool who mocks the custom and practice of diplomacy. That is why I am delighted that my queries will be answered by the Minister, a true diplomat.