Brexit: Triggering Article 50

Lord Newby Excerpts

Wednesday 29th March 2017 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness for repeating the Statement. It is now over nine months since the result of the referendum was announced and the Prime Minister has sent the letter that starts the process of our withdrawal from the European Union after a relationship of over 40 years. Just like any other divorce, there will be some who rejoice and look forward to new opportunities, but others will despair over the shared past and lost love. A few will fondly recall the marriage, divorces and remarriage of Richard Burton and Elizabeth Taylor with some hope, but, through it all, the only people to get rich were those trying to unravel those 40-plus years of relative harmony—the lawyers.

Through it all there will be one common emotion—uncertainty about the future, because the Prime Minister herself has to concede that no one can yet know what the final deal or arrangements will look like. So we now have to focus on what comes next, and what comes next is complex. While some fear for the worst, we will all work for the best. As I have said previously, the debates and negotiations cannot be left to those who have no doubt. We have to engage the talent, experience and wisdom of our whole nation together in the national interest.

Today’s letter specifies our negotiating position with the European Union. The Labour Party has set out six tests by which the Government will be judged on the final deal. They include migration, national security and crime, employment and social rights, and the need to support all regions and nations in the UK as we develop our future relationship with the remaining 27 countries in the EU. The sixth test is the Government’s own, as set out by David Davis to the House of Commons on 24 January: that on trade, the Government’s aim is to deliver,

“a comprehensive free trade agreement and a comprehensive customs agreement that will deliver the exact same benefits as we have”.—[Official Report, Commons, 24/1/17; col. 169.]

That is a pretty high bar, but it is a bar set by the Government and one that the Government will be held accountable to.

Today, I set one further test for the Government. It is not controversial and I hope that it will be willingly accepted by the Government and the noble Baroness the Leader of the House. The seventh test is the one that will set the tone for the debate, the negotiations and the mood of the nation in accepting and understanding the outcome. This test is the test of complete honesty. As the Prime Minister and her team enter into the negotiations, there will be good days and there will be difficult days; there will be days when everything seems possible and days when nothing goes right. The Prime Minister has, on many occasions, been clear about her confidence that she can and will negotiate a good deal in the interests of the UK. But there are others who are confident that any deal, or even no deal, is better than where we are now. We totally reject that. This process must not be so ideologically driven that the Government accept anything and claim it is a good deal. That is where honesty comes in. If the Prime Minister is disappointed or dissatisfied with the negotiations or the outcome of agreements, she must in the national interest be prepared to say so. If there is to be a truly meaningful vote at the end of this process, it has to be undertaken with the certainty that Parliament has the information needed to make an informed decision in the best interests of this country.

I want to raise some specifics on the Statement and the letter. On the devolved Administrations, despite the Prime Minister’s warm words that she intends to strengthen the four nations of the UK, I have to say that that is not how it feels at the moment. I have three questions on the significant increase in the decision-making powers of the devolved Administrations. What discussions have there been so far? Can the noble Baroness give an assurance on the ongoing consultation, particularly given the concerns already raised by the First Minister of Wales? Will any of these powers require primary legislation?

I am pleased that in her letter to President Tusk the Prime Minister specifically mentions Northern Ireland and the Northern Ireland border. It is right that she sets this as a priority, and I believe that the issue, if not yet the solution, is also understood by the remaining 27 European countries. However, the Prime Minister refers in the letter to it being the only land border with the UK. While that is technically correct, I remind her that we have a land border between the British Overseas Territory of Gibraltar and Spain. I appreciate that a trigger letter could never include all of our negotiating issues, but I was extremely disappointed at the omission of any reference to the people of Gibraltar and their concerns in either the Statement or the letter. The Prime Minister says that she will take into account the specific interests of every nation and region. Can the noble Baroness the Leader give this House an assurance that we will not abandon Gibraltar and that its interests will also be represented?

The commitment to seek an early agreement to guarantee the rights of EU nationals in the UK and our nationals in the remaining 27 countries is welcome. The noble Baroness will be aware of the disappointment of your Lordships’ House that our amendment to include a guarantee in legislation was rejected by the Government and the other place. The Prime Minister confirms in her letter that making this part of the negotiations is complex. I hope, therefore, that given the support of your Lordships’ House, the Government will accept the Motion in the name of my noble friend Lady Hayter, to be debated next week, that the Government should report back to Parliament before the end of this Session on progress.

I also welcome the assurance in the Statement of what the Government call the “phased process” of implementation of the new arrangements and agreements. I know that the Government do not like talking about transition and call it instead an implementation phase. I am equally happy with either. What is important here is that change is practical, workable and pragmatic and not ideologically driven towards the cliff-edge scenario. I welcome that and thank the noble Baroness and the Prime Minister for their assurances on that point.

On Euratom, I understand from the letter that the Government consider that we must come out as part of our EU exit, but given the importance of this issue, I would have liked to have seen a commitment to seeking early agreement for a new practical partnership.

I want to register concerns about the misleading language where the Prime Minister appears to connect trade and national security in her letter to President Tusk. On page 3 of the letter, she makes reference to,

“a deep and special partnership between the UK and the EU, taking in both economic and security cooperation”,

and I wholeheartedly endorse that. She then rightly points out that:

“If, however, we leave the European Union without an agreement the default position is that we would have to trade on World Trade Organisation terms”.


So far, that is clear. But the very next sentence states:

“In security terms a failure to reach agreement would mean our cooperation in the fight against crime and terrorism would be weakened”.


Because it is unclear which agreement she is referring to, the letter to President Tusk appears to state that if we cannot reach an agreement on trade, this will have an impact on security agreements. I am grateful for the reassurance and clarity from Downing Street that that was not the intention, but given the complexity and sensitivities of the negotiations that we are about to start, it is essential that there is no misunderstanding at all or lack of clarity. I suggest that, for the avoidance of doubt, in future issues such as trade and security are never linked. They are both essential in their own right and a responsible agreement on one is not dependent on the other.

Tomorrow, we wait with some anticipation the White Paper on repealing the 1972 legislation and enshrining EU legislation, in which we played our part, into UK law. However, noble Lords will have seen the comments from some on the Government Benches about this being an opportunity for deregulation or cutting so-called red tape—in other words, doing away with protections and rights for UK citizens. I seek an assurance from the noble Baroness that this is not the part of the so-called great repeal Bill and that the Government will resist any attempts to bring in such changes by the back door, thus seeking to avoid proper parliamentary scrutiny. In that she will have our support.

Finally, I welcome both the tone of the Prime Minister’s Statement and the emphasis that she has placed throughout on partnership. Only the most ideologically driven have ever suggested that this process will be easy or problem free. It will not; it will be difficult and complex. The tone of the Prime Minister’s remarks about our place in Europe may help to ease that path, but it will be important that the Government commit to being open and transparent with Parliament and the country. As we move forward, transparency, openness, engagement and honesty will be expected and will be essential.

Next week, the other Motion that we will debate, in my name, seeks to establish a Joint Committee of both Houses to work together to establish the best way to ensure that Parliament has the best information possible and the best processes to have a meaningful vote on the final agreement. I urge the Government to support this because, as the Prime Minister makes clear, we must all work together in the national interest.

[Lord Newby (LD)]

My Lords, today is for me and my colleagues an extremely sad day. It marks the point at which the UK seeks to distance itself from its nearest neighbours at a time when, in every area of public policy, logic suggests that we should be working more closely together rather than less.

But sadness is a passive emotion, and it is not the only thing that we feel. We feel a sense of anger that the Government are pursuing a brutal Brexit, which will rip us out of the single market and many other European networks from which we benefit so much. We believe that the country will be poorer, less secure and less influential as a result, and we feel that at every point, whether it be the calling of the referendum itself or the choices made on how to put its result into effect, the principal motivation in the minds of Ministers has been not what is best for the long-term interests of the country but what is best for the short-term interests of the Conservative Party.

We do not believe that the Government have the faintest clue about how they are going to achieve the goals that they set out in their White Paper last month or the Prime Minister’s Statement today, and we have no confidence in their willingness to give Parliament a proper say either as the negotiations proceed or at their conclusion. We therefore believe that, at the end of the process, only the people should have the final say on whether any deal negotiated by the Government —or no deal—is preferable to ongoing EU membership. We will strain every sinew to ensure that outcome.

In her Statement today, the Prime Minister makes a number of rather extraordinary claims. She says that she is going to build on existing workers’ rights rather than diminish them. Can the Leader of the House give just one example, or even a clue, of what that might mean and how it might be achieved? Can she also take this opportunity to repudiate the proposal by a number of leading Brexiters in recent days that the working time directive be either watered down or repealed altogether?

The Prime Minister says that the world needs the liberal democratic values of Europe more than ever. Far be it from me to claim any knowledge of liberal democratic values, but can the Leader explain how leaving the EU can do anything other than reduce Europe’s ability to project those values on the international stage?

The Prime Minister says that she will strengthen the union of the nations which comprise the United Kingdom. Given that to date the effect of the Brexit vote is to threaten the union at every point, what form do the Government expect this strengthening to take?

She says that membership of the single market will be jettisoned because it would be incompatible with the expressed will of the British people. Given that this proposition was not on the ballot paper, that it is the opposite of what was said in the Conservative Party manifesto, that many leading Brexit supporters left open or actually supported the continuation of our single market membership, and that all subsequent polling shows overwhelming support for our continued membership, on what basis is she making that assertion?

She says that Europe has a responsibility to stand up for free trade. Does she not think that the EU will find that a bit rich, coming from this country at the point when we are leaving the single market and customs union?

She says that she wants to be a committed partner of the EU, but when we are walking away from the EU because of the belief that membership of it is damaging to the country’s interests, what can commitment mean other than a shrunken and grudging relationship?

Moreover, does the Leader of the House accept that when the Prime Minister says that when she sits round the negotiating table, she will represent every person in the UK, she is mistaken? She has chosen to promote an extreme version of Brexit and one which is completely at odds with her own views of less than a year ago. In doing so, she has chosen not to speak for the many millions who voted to remain in the EU and the single market, and she certainly does not represent them or me or my colleagues on these Benches.

The Prime Minister claims that Brexit will make us stronger, fairer and better, but it will not. The Government’s approach will make us poorer, less generous and diminished as a nation. It is perfectly legitimate for the country to go down such a route, but it did not do so on 23 June last year, and the people should have the final say on whether this is the fate they really want.

[Baroness Evans of Bowes Park]

I thank the noble Baroness and the noble Lord for their comments. On the noble Baroness’s first point, although the letter makes it clear that if we leave the EU without an agreement the default position would be that we have to trade on WTO terms, it also makes it clear that that is not an outcome that either side should seek. We want to work very hard to avoid that, and that is exactly what we will be doing.

I also reassure the noble Baroness that we will be working closely with all the devolved Administrations to deliver a Brexit that works for all parts of the UK. Part of that will mean working very carefully to ensure that as powers are repatriated from Brussels to the UK, the right powers are returned to Westminster and the right powers passed to the devolved Administrations. We will continue to work closely with our devolved colleagues.

On the noble Baroness’s points on Gibraltar, I understand that the reason why Gibraltar was not mentioned in the letter is that it is not part of the UK for the purposes of EU law. However, we are very clear that Gibraltar will of course be covered in our exit negotiations and will be fully involved. We have set up a new joint ministerial committee with the Gibraltar Government to ensure their full involvement. In fact, my noble friend Lady Goldie met the Chief Minister and had a very constructive, positive discussion. The Gibraltarians are very positive about their engagement with the UK Government so far. We will continue to ensure that we work closely with them.

The noble Baroness and the noble Lord also mentioned the status of EU nationals, which we have discussed at length in this House. I repeat: securing an agreement to guarantee the status of EU nationals here and UK nationals in the EU is one of our top priorities. Indeed, it is set out explicitly in those terms in the letter. As Michel Barnier has said, this is also a priority for the Commission, so we will be doing all we can to ensure that we can provide the clarity that noble Lords have been asking for.

On security, I can absolutely confirm and reassure noble Lords that we are committed to ensuring that we continue working closely with our European partners on security, defence and foreign policy, as I said. We want a partnership where we can continue contributing to the security of Europe using our range of defence and security capabilities as well as our global standing, networks and influence, input into policy developments and information sharing. That remains of key importance to us.

The noble Lord and the noble Baroness referred to parliamentary scrutiny and involvement. Once again I reiterate that we have said there will be a Motion on the final agreement to be approved by both Houses of Parliament before it is concluded. We expect and intend that this will happen before the European Parliament debates and votes on the final agreement. We intend that Parliament’s vote will cover not only the withdrawal arrangements but the future relationship with the EU.

The noble Lord talked about leaving the single market. I will read from the letter:

“Since I became Prime Minister of the United Kingdom I have listened carefully to you, to my fellow EU Heads of Government and the Presidents of the European Commission and Parliament. That is why the United Kingdom does not seek membership of the single market: we understand and respect your position that the four freedoms of the single market are indivisible and there can be no ‘cherry picking’”.


We have also been very clear that we will protect workers’ rights. For instance, I point to the introduction of the national living wage, which has ensured an increase in income for some of our poorest paid.