Queen’s Speech

Lord Kerr of Kinlochard Excerpts
Tuesday 15th October 2019

(5 years, 2 months ago)

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Lord Kerr of Kinlochard Portrait Lord Kerr of Kinlochard (CB)
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It is always a pleasure to follow the noble Lord. I was not planning to speak about Brexit at all today, on the grounds that my views on Brexit are very well known to the House, and I rather suspect that whatever I say today will not greatly affect the negotiation in Brussels—although I am sure they are following our debate intently.

The third reason I was against speaking about Brexit is because I am sure that we will have plenty of time. It is impossible that by 31 October there will be a completed treaty ready for ratification by the two Parliaments: this Parliament and the European Parliament. It is also, in my view, inconceivable that our Government will have acted illegally and against the Benn Act. It follows that will we have plenty of time.

I want to talk about foreign affairs. I am, however, tempted by the noble Lord, Lord Grocott, and invited by the noble and learned Lord, Lord Mackay, so I will touch lightly on Brexit at the end. Your Lordships may leave before the end.

On foreign policy, I am struck by the tone and the content of the Speech. Of course, it says very little about foreign policy and of course that is wholly understandable because this is not a legislative programme or a programme for a Parliament; this is an election manifesto, and elections are not usually won on foreign policy, so of course there is not much there. What is there, however, is much less than is traditionally there.

I have been thinking about why, and I would like to go back into history a bit. In April 1991, John Major persuaded the European Council, meeting in Luxembourg, to declare a safe haven in Kurdistan. The Kurds were then under attack by Saddam Hussein and hundreds of thousands of them were fleeing into the mountains. It was a major humanitarian disaster. John Major persuaded the European Union that it should not stand idly by and that we would be prepared to send forces. The United States did not react. John Major spoke to the President of the United States. Three days later the United States came on board the initiative. US, British, Australian, French, Spanish and Italian forces went in, and the RAF flew in the skies, as did the US Air Force. Some 450,000 Kurds returned to their homes within three months. The operation was a remarkable success.

What is happening today? The General Affairs Council met in Luxembourg yesterday. Did the Foreign Secretary come up with an initiative? Well, actually, he did not go. He sent Dr Andrew Murrison, who is, I understand, a junior Minister in the Foreign Office. I have seen no reports of what he said. At the General Affairs Council, Foreign Ministers listened to the Foreign Minister of Ukraine talking about the continuing occupation and civil war in part of his country, fomented and funded by Moscow. I have seen no reports of what Dr Murrison said to him. Some in Ukraine remember the Budapest Memorandum of 1994, drafted by the British and agreed by John Major with his Russian, American and Ukrainian counterparts. In exchange for the Ukrainians giving up their nuclear weapons, we guaranteed the territorial integrity and political independence of Ukraine. Some in Ukraine remember that now. The negotiations, such as they are, over Ukraine’s future now take place in what is known as the Normandy format. We are not a party to it. The negotiations on our side are led by Chancellor Merkel, with President Macron. I find this rather shaming. We have excluded ourselves.

Then we read in the Speech that,

“my Government will ensure that it continues to play a leading role in global affairs, defending its interests and promoting its values … My Government will be at the forefront of efforts to solve the most complex international security issues. It will champion global free trade and work alongside international partners to solve the most pressing global challenges”.

I am not sure we are playing a leading role. I am not sure how we could ensure that we continued to do so unless we changed our views.

On Hong Kong, I very much agree with what the Foreign Secretary said in the other place on 26 September:

“Hong Kong’s high degree of autonomy is what guarantees its future prosperity and success”.—[Official Report, Commons, 26/9/19; col. 864.]


But in Hong Kong they are saying: what are the UK signatories of the 1984 joint declaration doing—as distinct from saying—to help preserve that autonomy? Are we playing a leading role? Hardly.

“Time hath, my lord, a wallet at his back,

Wherein he puts alms for oblivion …

Those scraps are good deeds past

… perseverance, dear my lord,

Keeps honour bright”.

How persevering are we now and how persevering can we be, despite the hubris of this Speech, as the twin pillars of our foreign policy crumble?

We say that we will champion free trade, but the greatest challenge to the global trading system is President Trump’s attack on the WTO and his belief that trade wars are good and easy to win. We say that we will be at the forefront of efforts to solve the most complex international security issues, but what are we doing to stop President Trump’s dismantling of the international arms control architecture which his predecessors—mainly his Republican Party predecessors—built? What are we doing to persuade him that alliances are not transactional but based on trust, and that NATO still matters to all of us, including America? Or that concerted action against global warming is not a conspiracy against America, but deserves American support? Or that help to Ukraine should not be held hostage to digging dirt on a political rival? Or that the Kurds should not be betrayed—or, come to that, that the Turks should not be totally destroyed and obliterated, according to the whim of his “great and unmatched wisdom”, to cite his weekend tweet? Of course, our apparent inability to influence a capricious White House may not be for want of trying—heroic efforts may be being made behind the scenes—but I wonder whether they are enough:

“perseverance, dear my lord,

Keeps honour bright”.

On 13 November 2016—just after the presidential election, President Trump’s victory—European Foreign Ministers met informally at an extra meeting to discuss the likely foreign policy consequences of the election. They thought them potentially serious. Our Foreign Secretary, Mr Johnson, chose not to go and denounced the meeting in public as a “collective whingearama”. Why? Perhaps he thought—wrongly, as it has turned out—that his colleagues’ worries were unnecessary, in which case, it should have been his duty to attend the meeting to persuade them of that. Perhaps he thought that deliberate distancing from continental Europe would bring future rewards in Washington. Perhaps it was the mirage of a generous free trade agreement with mercantilist Mr Trump. If so, it was a serious misjudgment. Whatever the reason, the fact is that we cut less ice in Washington today than at any time since Suez.

So too in Europe, where deliberate distancing from continental partners continues. We now have a senior adviser in No. 10 who feels licensed to tell the 27 that if they do not give us the Brexit terms we need we shall withdraw defence and security co-operation. That is an extraordinary statement. We boycotted the September General Affairs Council. We do not know what Mr Murrison said this week about the Kurds or Ukraine, but I do not think he put forward any initiatives. Are we really playing the leading role that the Speech tells us that we do?

Of course, a continuing aspiration towards a leading role in global affairs, even if we are not up for it, is perhaps a good thing, but ambition has to be matched by ability. We have chosen not to be centre stage in Brussels. If we leave the stage altogether we will have even less influence on policy decisions there. The twin pillars were mutually reinforcing: America listened because America believed that we could move Europe; Europe listened because we stuck by our friends and were thought to have America’s ear. I worry that the economic damage of Brexit will be accompanied by a further enforced retreat from a global leadership role into a truculent, transactional mercantilism in this country.

Perhaps the country is weary of well-doing. Perhaps perseverance is passive. Perhaps we do not care about keeping honour bright. I hope not, but what are the great global challenges that we should address if we are to live up to what the Speech says? I would say that the three biggest are: defending democracy and human rights in an age of authoritarianism; integrating China, the new economic superpower whose economy doubled in the previous decade, into the rules-based system; and maintaining our societies as open societies while climate change drives major population moves.

Clearly, we can do little against any of those three challenges on our own, so we need multipliers. We need to use the Commonwealth; curiously, it was not mentioned in the Speech, despite the Queen being the Head of the Commonwealth. We need to use what position we can still salvage in Europe and recreate that position in the United States. Then again, we might be able to make a contribution commensurate with our Security Council status, although I hope that we will talk about that less hubristically when it is real than we do now, in this Speech, while it is unreal.

I was almost invited to speak about Brexit by the noble and learned Lord, Lord Mackay. His reading of Article 50 is, of course, absolutely correct. The divorce negotiators are to take account of the framework for the future relationship; by definition, that is a separate document and a separate issue. However, if they were to take account of it, it follows that it should have existed and come first in the sequencing. Like Sir Ivan Rogers and Mr David Davis, I spoke up for not triggering Article 50 until we had some agreement on the future relationship—at least on what we wanted it to be. That advice was not followed so we ended up with an unsatisfactory, non-binding political declaration and the phrase about taking account of the framework was ignored in practice. Both sides of the negotiation were wrong in that, but I must say this to the noble and learned Lord: I fear that we are where we are and we cannot expect the negotiators to down tools and go back.

Lord Butler of Brockwell Portrait Lord Butler of Brockwell (CB)
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Would it not be possible, if an agreement appears to emerge this week but cannot be put into legal form, to go ahead with the departure agreement, which leaves out that aspect, and thus satisfy the requirement to leave by 31 October? That seems to be the very valuable conclusion of the point made by the noble and learned Lord, Lord Mackay.

Lord Kerr of Kinlochard Portrait Lord Kerr of Kinlochard
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It would not be wise, on either side, or feasible to depart on the basis of an understanding that was being turned into a legal agreement but without that legal agreement existing. Legally, we would move into a very strange status. It is perfectly possible to envisage a deal that can be turned into a legal agreement during an extension period but it is impossible to do that by 31 October and it is unwise—I do not think that either side would want to do so—to go on the basis of a political understanding with no validity in law. I am afraid that I do not agree with the noble Lord.

On the point made by the noble Lord, Lord Grocott, the idea that a 2016 vote, three Prime Ministers ago, can be permanently determinate does not seem to be the will of the people today. You can ask, “Do you want to be consulted or do you want to leave it to Parliament?” If you assume that there is a deal and you ask, “Do you want to be consulted?”, they say by a margin of almost two to one, “Yes, we want to be consulted”. If you assume that there is no deal and ask, “Do you want to be consulted or should it be left to Parliament?”, they say, “Yes, we want to be consulted”, by a margin of more than two to one. Moreover, it is a fact that since September 2017, the opinion polls have consistently shown that the country is now of the view that it would prefer to remain. This year more than 70 polls have been taken of which one gave a victory for leaving. I do not think that a second referendum is just the least worst way out of this fix; it is now the will of the people.

Lord Grocott Portrait Lord Grocott
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If the noble Lord is justifying a second referendum on the basis that public opinion has changed, of course while it can change, I think his bona fides would be absolutely crystal clear to everyone if he said that three years after the second referendum, public opinion could change again and we should then have a further referendum. You cannot hold referendums every five minutes. Even general elections are now legislated for every five years. We had 41 years between what the noble Lord, Lord Jopling, rightly referred to as the first referendum and the second referendum. People were asking for a second referendum after the 2016 vote in 2016.

--- Later in debate ---
Lord Kerr of Kinlochard Portrait Lord Kerr of Kinlochard
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I entirely agree with the noble Lord. I think that a second referendum, if or, more likely, when it comes, should be mandatory. It should not be advisory.

Lord West of Spithead Portrait Lord West of Spithead (Lab)
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Does the noble Lord agree that to have a robust foreign policy—I agree with everything he says on those issues—we need to have some hard power? Unfortunately, successive Governments have put us in a position where we are probably unable to put blood where our mouth is or to put in sufficient power as a permanent member of the Security Council. We need to have that if we are to fulfil our proper role.

Lord Kerr of Kinlochard Portrait Lord Kerr of Kinlochard
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I agree entirely with the noble Lord.

Syria: Withdrawal of US Troops

Lord Kerr of Kinlochard Excerpts
Tuesday 8th October 2019

(5 years, 3 months ago)

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Lord Ahmad of Wimbledon Portrait Lord Ahmad of Wimbledon
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Wherever the Kurdish community is, we have continued to campaign and advocate for its important inclusion in any future settlement, whether in Iraq or Syria, which have made, as we have seen, certain gains— although recent events in Iraq have caused concern. We continue to ensure that all minority communities, whatever country they are in, including the Kurdish community, continue to receive vital rights of representation and are fully engaged and involved in all processes. As for immediate support, as I have indicated, the SDF has been part of the global fight against Daesh and remains an important coalition partner.

Lord Kerr of Kinlochard Portrait Lord Kerr of Kinlochard (CB)
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I understand every word of the question, but I do not understand the answer. What is our policy towards the Kurds? Do we have no shame about betraying them now? Have we made any representations to the United States? Will we be making any representation to the Turks?

Lord Ahmad of Wimbledon Portrait Lord Ahmad of Wimbledon
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I challenge the noble Lord; I do not agree with him. It is not we who have made any declarations; it is the United States. It is entitled to make decisions of its own. The United Kingdom remains a committed partner to ensuring that we bring peace and stability to Syria. As I have said, we stand by the SDF and our Kurdish partners, in both in Syria and Iraq. That position is clear and I am not sure why the noble Lord is so confused.

UK Foreign Policy in a Shifting World Order (International Relations Committee Report)

Lord Kerr of Kinlochard Excerpts
Tuesday 21st May 2019

(5 years, 7 months ago)

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Lord Kerr of Kinlochard Portrait Lord Kerr of Kinlochard (CB)
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My Lords, it is a pleasure to follow the noble Baroness, Lady Helic, who speaks with great authority. It is also a great pleasure to join the chorus of congratulations to the noble Lord, Lord Howell, on this excellent report and his tenure as chairman of the committee. And it is a great pleasure to welcome back the noble Lord, Lord Bates, and to see that he has walked back into our debates in cracking form, no longer having to try to answer people like me. It is a pleasure to say how much I agree with the noble Lord, Lord Browne, on dialogue with Russia, the noble Lord, Lord Bates, on conflict prevention, and the noble Lord, Lord Lamont, on how to handle Iran.

John Bolton, United States national security adviser, famously said that if the UN building in New York lost its top 10 storeys, it would not make a blind bit of difference. Bolton rejects the concept of international law and that of international organisations, which he sees as a threat to US national stability. He does not agree with me and the noble Lord, Lord Lamont, about Iran; he has advocated the pre-emptive bombing of Iran and wants regime change there, as well as in Syria, Libya, Venezuela, Cuba, Yemen and North Korea. His is a rather Hobbesian world where national sovereignty rules; he is a bit like the noble Lord, Lord Grocott, on speed.

None Portrait Noble Lords
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Oh!

Lord Kerr of Kinlochard Portrait Lord Kerr of Kinlochard
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I am sorry. If the noble Lord, Lord Grocott, was here, I would have said that, but since he is not in his place, I did not say it.

Bolton is his President’s man: the President’s views are very close to Bolton’s. The problem with the President is not the one discussed by two or three noble Lords in this debate—his unpredictability. He is all too predictable. Read the inaugural speech. The report from the noble Lord, Lord Howell, helpfully reminds us of the General Assembly speech last year, in which the President said:

“We reject the ideology of globalism … Around the world, responsible nations must defend against threats to sovereignty not just from global governance”,


but other threats as well. Global governance is a threat to the nation state. No wonder Orbán was warmly received in the White House last week. No wonder Bolsonaro is the poster boy. No wonder Mrs Merkel is so disliked. No wonder Trump’s America is out of the Paris accords, the Iran nuclear deal, the UN Human Rights Council, UNESCO and the Trans-Pacific Partnership. No wonder the President is seeking to destroy the WTO body, and is very close to succeeding. It is all too predictable; he told us what to expect from the start.

I used to think there were two pre-eminent threats to the rules-based system—the Bretton Woods system, or the UN system. The one that worried me most in my Foreign Office days was the reluctance of the transatlantic partners—our side of the Atlantic just as much as the Americans—to accept the need to take proper account of the rise of Asia and the Pacific and acknowledge that our weighting in these institutions must decline as our share of the world economy shrank. We were very reluctant to accept that and did so far too slowly. We have not yet really fully accepted it.

More recently, I worried more about whether the system might break down because the ethos of the institutions, rooted so firmly in our ideas about liberal democracy, might come to seem inimical and interfering in regions of the world such as Africa, which are possibly more attracted to a more authoritarian alternative model such as the Chinese model. That is a real risk today.

However, I missed the biggest threat. I did not spot that the greatest challenge to the rules-based system would come from its greatest beneficiary, America. President Trump does not want to reform the institutions. He does not like them; he does not like rules—not if they might bind America. With respect, the Government’s response to the Select Committee’s report seems to be in denial about this. The committee said, I thought uncontroversially:

“In the context of the … Administration’s hostility to multilateralism, the UK will need to work with like-minded nations to move ahead on some global issues without US participation or support”.


However, the Government are not so sure about that. Their reply says:

“The Government will always seek close cooperation with the US on a full range of issues”.


Of course, but the Foreign Secretary told the committee that,

“the way that … large multilateral organisations work at present does not work”,

for the US, and that it is,

“seeking to change that … But I firmly believe that if we can get the … reforms”,

to the institutions,

“we want … President Trump would be a big supporter of that system”.

Yes, like working with the Luftwaffe in 1941 to restructure London’s built environment. The President of the United States wants to bring down the system, not reform it. I wonder how well the Foreign Secretary knows Mr Bolton. It sounds to me as if he might be closer to Dr Pangloss.

I agree with the noble Lords, Lord Jopling and Lord Anderson, about the need to be courteous when the President comes to London, but I hope we will not pull our punches. I served in Washington and I understand the importance of the relationship, but like the noble Lord, Lord Lamont, I think that it has to be based on honesty. I watched Margaret Thatcher handle Ronald Reagan. He respected her because of her insistence on tackling the difficult issues and on plain speaking. If we believe in multilateralism and the rules-based system we must defend them even when the attack comes from our closest ally. We must tell him why and tell him straight. Fudging it, as in the Government’s reply to the committee’s report, would mean forfeiting America’s respect—not just America’s.

But it is not only on transatlantic relations that the Government’s response comes across as a little bland and Panglossian. I thought that the noble Lord, Lord Howell, was absolutely right to send a rather sharp reply to the response in his letter of 3 April. For me the clock struck 13 times when I got to page 20 of the response and read that post-Brexit global Britain will be,

“using soft power to project our values and demonstrating that the UK is open, outward facing and confident on the world stage. The UK will lead on issues that matter”—

presumably we will leave the unimportant ones to the Chinese and the Americans—

“be an innovative and inviting economy; and a normative power setting global standards that uphold our values”.

A trace of hubris? The tone rang a bell with me. It was in Pravda in 1968 when I was in Moscow. The Soviet Union was the world leader—the “normative power”—with the world communist movement applauding and the grateful Czechs cheering the Red Army’s tanks taking away Dubček. No one who read Pravda believed it; no one who wrote Pravda believed it.

Yes, soft power is a huge UK strength, but for its optimal exercise it is best not to be an international laughing stock. Do we honestly think that the Brexit process and paralysis makes us look,

“open, outward facing and confident”?

Do we honestly think that the world sees us as the next global leader on the issues that matter—the “normative power” setting global standards? Perhaps the world has not noticed the humiliations of the backstop, condemning us to follow standards set outside our frontiers while no longer having any say. Perhaps no one has spotted how our influence on global rules will shrink when we leave the Union, which is currently setting the pace in global regulatory standard setting. Is it not a little incongruous to preach the virtues of rules-based free trading systems while planning to leave the world’s largest? I feel sorry for my FCO successors who have to write such stuff. I was luckier.

Twenty years ago, the Commonwealth countries took us seriously because through the Lomé Convention process we were fighting their corner in Brussels and winning. The Americans took us seriously because more enlightened Administrations then supported the EU enlargement process, on which we were leading in Brussels and succeeding. Brussels took us seriously because it was believed that we could bring the Americans along, and sometimes we did. My successors must know that if one pillar of the mutually reinforcing tripod collapses, the others crack too. John Bolton cheers and the Kremlin smirks, but global Britain shrinks. It is not too late to stop the march of self-marginalisation and I hope that we will.

Baroness Goldie Portrait Baroness Goldie
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My Lords, I cannot help noticing that while the cat was away, time has slipped a bit. We are slipping back again and I respectfully remind all your Lordships of the advisory time limit of seven minutes. Some have been very good at observing that and, in fairness, perhaps your Lordships could all attempt to do the same.

Brexit: Sanctions Policy (European Union Committee Report)

Lord Kerr of Kinlochard Excerpts
Thursday 3rd May 2018

(6 years, 8 months ago)

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Lord Kerr of Kinlochard Portrait Lord Kerr of Kinlochard (CB)
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My Lords, I agree with the noble Lord, Lord Tugendhat, particularly his last point. I also very much agree with what the noble Lord, Lord Jay, said. It will come as a huge surprise to the House, I should think, that he and I agree—he is coming on quite nicely. My worry is that we ourselves, as far as I know, have not yet put forward any proposal to our European Union partners in this area. The noble Lord, Lord Jay, ended by asking the Minister to flesh out the tailored arrangement that Sir Alan Duncan had in mind. All we get in the report is that the Government’s ambition is for an “unprecedented” level of co-operation, which is an “untested” approach. That seems to me a slightly tautologous statement: if it is unprecedented, probably it is a little bit untested.

The report goes on to say:

“If participation in the Common Foreign and Security Policy after Brexit is not possible—or not sought by the UK”—


well, participation in the common foreign and security policy will not be possible after Brexit: the CFSP is for members of the European Union—

“then the Government should propose that a political forum be established between the UK and the EU, for regular discussion and co-ordination of sanctions policy”.

I entirely agree. It sounds very mechanistic, but you need to have a structure, with regular meetings. We will not be in the room, having a voice in the decision taken on sanctions in the European Union, but we need to have the room next door. We need to be there regularly, the day before they decide or the morning of the day they are going to decide, able to influence the decision they take. Putting forward a proposal for that kind of consultative architecture would be well worth doing in itself, for the reasons I have just given. It would also be extremely helpful to the atmosphere of the ongoing negotiation with the European Union.

United States: Foreign Policy

Lord Kerr of Kinlochard Excerpts
Thursday 18th January 2018

(6 years, 11 months ago)

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Lord Kerr of Kinlochard Portrait Lord Kerr of Kinlochard (CB)
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My Lords, I am grateful for the chance to speak in this debate, in which I have the unusual pleasure of agreeing with every word said by the noble Lord, Lord Lamont of Lerwick.

I will make two quick points. First, this is a brilliantly timed debate, one year after the inauguration. I am less worried than I was then about the threat to NATO. The investigations into possible collusion and certain Russian involvement in the election campaign in America have neutralised what I saw as the biggest risk to NATO: candidate Trump’s openly avowed admiration for President Putin. If that is still in his head he cannot act on it, given the investigations taking place on Capitol Hill and elsewhere in Washington, so I am slightly less worried about that.

One point that perhaps was not brought out in the debate, and about which I am more worried about than I was a year ago, is the threat to the rules-based trade system. The open insistence that the United States will no longer be bound by WTO rulings, and the attempt to subvert the WTO system from within by refusing to make appointments to panels—refusing to appoint judges in the WTO’s dispute settlement procedures—is an existential threat to a central element of a rules-based system that originated here in London. We invented the General Agreement on Tariffs and Trade. The WTO was run for a very long time on British expertise. When we joined the European Union we imported the old Board of Trade expertise into it and we saw great commissioners such as Leon Brittan and Peter Sutherland. We should pay tribute to Peter Sutherland for all his work, not just in Brussels but also in Geneva, in all our interests.

It is very important if we are to leave the European Union that we remain in very close touch with it in support of the WTO system. To my mind, a sweetheart trade deal with the United States is a mirage. It clearly has an “America first” policy. We remember the inaugural speech. We must not let pursuit of close contacts with America, which are very important, blind us to the fact that the rules-based system is particularly important to an open trading country such as the United Kingdom.