Tributes to Mr Keith Phipps

Lord Newby Excerpts

Tuesday 5th November 2019 Lords Chamber

[Baroness Smith of Basildon]

We are here to serve.

In all the years he has been in your Lordships’ House, we have appreciated Mr Phipps’s company, efficiency and natural authority. We have always known who is really in charge. I hope he has enjoyed his time with us as much as we have. I had to smile at the comments of his late father, Ken, when he reflected in 2012:

“He enjoys his job I think—he has a little moan every now and then, but who doesn’t?”.


On a more serious note, it is both an honour and a pleasure to thank him on behalf of these Benches for his dedicated and unparalleled service to your Lordships’ House. There is no doubt that he has made his mark in the most positive way, for which we are extremely grateful.

Keith, we are going to miss you. We wish you and Sue, your wife, a very long and happy retirement. There is only one thing left to say: thank you and goodbye, Mr Phipps.

[Lord Newby (LD)]

My Lords, I have seen Mr Phipps in two guises: as a doorkeeper here in your Lordships’ House and as a member of the Queen’s Bodyguard when I was captain of that august body. His attitude in both environments was that of an experienced NCO having to deal with a blundering second lieutenant who did not even know how to salute properly. He knew how it was done. I certainly did not, and I am sure that new Members of your Lordships’ House have felt similarly at sea when they first tried to work out how we do things here. But he has done that with everybody with an avuncular friendliness and firmness that has been extremely impressive.

At a time when the atmosphere in Parliament has sometimes been extremely fractious, he has helped to ensure that the ethos of your Lordships’ House reflects the tolerance and civility that, I am sure, we all believe should characterise the operations of a Parliament. We will miss him and the qualities he has brought to his roles, and I am sure we will all do our best to uphold the values he has brought to his work and our proceedings. We wish him and his wife a long and enjoyable retirement.

[Lord Judge (CB)]

My Lords, on behalf of the Cross-Benchers, I enthusiastically support what has already been said. But the three words I want to use have not been used: “Salubritas Et Industria”. For the benefit of the Cross-Benchers, that is Latin. It is the motto of Swindon Town Football Club. I say this with feeling, because the most important game in Swindon Town’s football history was a 4-3 win in a playoff for promotion to the Premier League in 1993. It was one of the greatest games ever played at Wembley. Swindon scored three goals by half-time; they were home and dry. The opposition scored three goals, so it was 3-3. Then the ref gave a penalty to Swindon Town. The opposition team was Leicester City—my team since I was a boy. I have always had my doubts about that penalty, but for today I will say, as Mr Ranieri once said, “If the ref says is a penalty, is a penalty”. The result was that Swindon went up to the Premier League, and within a very few months, on the wings of that great triumph, Mr Phipps came here. Here he has stayed.

Industria et salubritas. Looking at my own translation, “industria”, as we are all well aware, means work. We have had nothing but work from him, whenever it has been needed. “Salubritas” means health; as we wish him a diminution in his work, we on the Cross Benches wish him all possible good health and a serene, peaceful retirement.

Early Parliamentary General Election Bill

Lord Newby Excerpts

2nd reading (Hansard): House of Lords
Wednesday 30th October 2019 Lords Chamber

[Lord Newby (LD)]

My Lords, I have probably made more speeches than any other Peer arguing in favour of a referendum rather than a general election to reach a resolution on Brexit, so I am sure that many noble Lords find it rather perverse that I and my colleagues are supporting the Bill today. I last spoke in favour of a referendum, as opposed to a general election, as recently as 19 October, as the noble Baroness helpfully reminded the House. I did so in the belief that securing a referendum before the passage of the withdrawal Bill was possible. I was being assured by Members in the Commons from across the parties that that was so and that, by being patient, a pro-referendum majority would emerge.

However, to secure such a Commons majority, at least two out of three things would have to happen and, by the end of last week, it was crystal clear that none of them would. First, the DUP could have supported a referendum. It made it clear that it did not. All experience shows that when the DUP has adopted a firm position, it does not easily shift from it. Secondly, the bulk of the 21 Conservative rebels, who had at that stage had had the whip withdrawn, could have supported a referendum. Instead, with barely a handful of exceptions, they swung firmly behind the Bill. Many of them have now had their reward by getting the whip back. Thirdly, Labour could have united behind a referendum. It did not. From my conversations with Labour Back-Benchers, it became clear that people were so dug into their positions that they could not find a way to justify changing tack, even if they were minded to, which they were not.

By the weekend, it was clear to me that my long-held hopes and expectation that, at the last minute, there would be a majority in the Commons for a referendum, had been dashed. This view was shared by my colleagues in the Commons and by all serious commentators, and it was time to face that reality. If a referendum was off the table, only two courses of events were then possible. First, the Government could have secured an amended timetable Motion for the Bill and sought to get it through the Commons and the Lords in coming weeks. I believe that, had the Government pursued this course, they would have prevailed and a substantially unamended Bill would have passed. We would have been out of the EU by Christmas.

Secondly, we could indeed have an election that, imperfect as it might be, at least gives the people the chance to express a view on Brexit, as well who is best fitted to lead the country. To me and my colleagues in the Commons and your Lordships’ House, this is by far the better of these two evils. It is why we gave the Bill our support at Second Reading in the Commons yesterday. There are undoubtedly ways in which it might be improved, whether relating to the exact date of the election, the franchise or detailed election rules. There are also broader issues about the future of the Fixed-term Parliaments Act, to which I am sure Parliament will wish to return after the election. However, I believe it would be a mistake to seek to delay the Bill today. The Commons has given it overwhelming support as it stands. Now that a decision in principle to have the election has been made, we should simply get on with it. I suspect the rest of the country shares that view.

[Lord Steel of Aikwood (LD)]

Will my noble friend make clear that it would still be open to a Government, after the election, to hold a confirmatory referendum?

[Lord Newby]

It is indeed open to a Government to do that. In the unlikely event of there not being a majority Liberal Democrat Government, I heartily hope that that happens.

This will be the 10th general election in which I have been closely involved, since the formation of the SDP in 1981. In virtually every case, politicians argued at the start of the campaign that it was the most important election in decades. Of course, it was not and, in some cases, the election simply took the form of a rather fractious procession, but this election could be the most important in my political life.

At the end of each of the last nine elections and many more, the framework of party politics emerged fundamentally unscathed, but Brexit has been like a seismic shock to the system. This was most obviously seen in the European Parliament elections, where both Labour and Conservative did so badly. The conventional wisdom is that voters revert to type in a general election and, like a holiday fling, their infidelity in June will be forgotten under the harsh winds of December. But I am not so sure. The million people who marched 10 days ago in London, in opposition to Brexit, and the millions of others who could not make the journey, but shared their views, rightly see Brexit as the defining issue of the age and it will define their votes. Behind their determination to vote to stop Brexit lies a broader view of the kind of society they want: one that sees the positive value of working together to deal with the huge challenges facing humanity, be they climate change, migration and human trafficking or how to harness the potential of artificial intelligence; and one that embraces the future, rather than recoils from it. It is to those millions that the Liberal Democrats will direct our appeal over the coming six weeks, and it is a prospect that we relish.

Queen’s Speech

Lord Newby Excerpts

Monday 14th October 2019 Lords Chamber

[Lord Newby (LD)]

My Lords, it is a great pleasure to begin by congratulating the mover and seconder of the humble Address. The noble Baroness, Lady Anelay, made a typically thoughtful and polished speech. I worked closely and happily with the noble Baroness during the coalition, when she was Chief Whip and I was her deputy. She was renowned for always being in control of events, and for her even temper. I know of only one case when each of these very considerable attributes was found wanting.

The first state visit in which she participated in her role of Captain of the Gentlemen-at-Arms—that of the Emir of Qatar—began at Windsor. The noble Baroness, and my noble friend Lord Shutt, as Captain of the Yeomen of the Guard, were in full regalia for the welcome procession, which they viewed from under a grand porch in the castle’s courtyard. As the mounted cavalry disappeared through another archway, they realised that they were alone. They did not know how to get to the dining room, where they were due to have their lunch. Two staircases beckoned: they took the first. As they reached the landing at the top, to their consternation an elderly lady on the arm of a younger son hove into view. “Are you lost?”, asked the Queen, adding, “I am sure Andrew can show you where you need to go”.

There was only one occasion when the noble Baroness, Lady Anelay, and I had angry words. For reasons which some noble Lords will remember, the Liberal Democrats decided that they could not support—and would seek to scupper—proposals to change parliamentary constituency boundaries, even though that was the formal policy of the coalition Government. I had the task of informing the noble Baroness that this was what we planned. Her response was pithy and furious. It was, however, a mark of her professionalism and generous nature that the incident had no permanent impact on our relationship, and she continued to play a major part in ensuring that the Government were both strong and stable.

The noble Lord, Lord Dobbs, gave a characteristically witty and erudite speech. However, I feel for him: he has made a career as a novelist by writing about somewhat improbable events in Parliament in an entertaining and compelling manner. But real events in recent months have made his plots seem pretty tame and I do not see how he will ever be able to write about Parliament again. No plot which he could devise would be more fantastical than current reality. He will, I hope, be able to survive on the royalties of his past triumphs.

We have just completed the longest parliamentary Session for more than 350 years. It is also one which has achieved the least. Domestic policy-making has increasingly ground to a halt as Brexit has dominated departmental activity and civil servants from departments such as the Department for Education have been drafted into others such as Defra to undertake Brexit-related work, leaving a void where policy-making should have been in their home department. On foreign policy, our influence in the Middle East and elsewhere has diminished as the Government have become increasingly dysfunctional. Our international reputation has plummeted. I have just returned from Australia, a country which the Government would have us believe will provide us with new trade and prosperity were we to leave the EU. Yet even the least sophisticated taxi driver in Sydney sees what is happening here, shakes his head in disbelief and thinks we have gone mad.

Today’s speech is unique in that it has been written by a minority Government who are desperate for an election. It is normally the other way around: you have the election first. It is not a programme which the Government have any possibility of implementing. It is a Tory general election manifesto. Leaving aside Brexit for a moment, as a programme for government it fails woefully to address, far less offer solutions to, the long-term challenges facing the country. It is a series of newspaper headlines rather than a basis for dealing with pressing problems. Knife crime is in the headlines, then let us have more police. There is nothing about the complex causes of knife crime, which need a government response across a range of programmes, not least the restoration of decimated youth services. Some people are worried about crime more generally, so let us lock up more foreigners and increase sentences. There is nothing about providing the resources needed to make the rehabilitation of offenders a reality rather than a pipe dream. The NHS is struggling, so let us have more hospitals—although probably not very many more. There is nothing about how to fill the pressing and growing problem of staff shortages across the NHS, particularly in rural areas, which Brexit is exacerbating.

Everybody knows, of course, that this speech cannot be implemented by this Government and that the urgent and overarching question is that of Brexit. It is still unclear whether the Government will secure a new withdrawal agreement which could be brought before Parliament this month. If they fail, their position, though not that of Parliament as a whole, is to leave the EU with no deal, with all the costs that that will bring. During our debates this week, I am sure that we will hear descriptions of these costs across a whole raft of policy areas. I simply remind the House that, according to the IFS and Citibank, no deal would double government borrowing. According to the outgoing Chief Medical Officer, no deal would lead to additional deaths. According to the former head of MI6, it would seriously jeopardise the fight against crime and terror.

Fortunately, last month Parliament passed the Benn Act, which means that we are unlikely to leave the EU at the end of the month. It seems that this position will be formalised in the parliamentary debates this coming Saturday.

Even if a deal were somehow reached, would that be in the country’s long-term interest? As we spent 150 hours debating the withdrawal Bill last year, it was noticeable that, in subject area after subject area, the best the Government could say was that if we succeeded in reaching agreement with the EU after we had left, our position would not be much worse than at present—not “better” than at present, just not much worse. In recent months, the Government have stopped even pretending that, outside the EU, we would be better off than now or that there would be any identifiable, tangible benefits whatever. Their sole purpose in pursuing a disastrous policy is that they must respect the will of the people. On these Benches, we agree, but it is will of the people today that should be respected and not that of a somewhat different cohort of people some three and a half years ago. The will of the people today was set out clearly in the massive poll of polls reported in the Evening Standard last week, which showed that there has been a majority in the country for the past two years to remain in the EU. “Ah,” say noble Lords opposite, “but you can’t trust the polls”. Again, we agree. That is why we do not have government by opinion poll; we have government by real polls, and so we now need such a poll.

Indeed, all parties now agree that we must go back to the people to seek their guidance. The only dispute is over what kind of poll we have. The preferred course of the Government and, I think, that of the Labour Party is that we should now move to a general election. From a purely Liberal Democrat perspective, a general election looks extremely attractive. We would increase our position in the Commons probably very substantially, but we all know that general elections are not fought on a single issue, however much individual parties might wish them to be. In any election, the character and attributes of the party leaders will weigh with many voters at least as much as Brexit, and recent polls show that so will familiar domestic issues such as health, education and crime.

Were an election to result in no single party being able to form a Government, as seems highly probable, all that we would have done would be to delay a decision on Brexit and arguably make taking one that much more difficult. It will come as no surprise to noble Lords that, from these Benches, we believe that, instead of having an election, we should now have a confirmatory referendum on whether the country wishes to leave the EU on the basis that will now be before us or whether we should remain. Once the referendum has taken place, we should then have a general election to determine the course which the country will follow for the years ahead.

That election, whenever it comes, will be a battle of values to a greater extent than any election in our recent history. On our side will be those who embrace the future, celebrate diversity and would put the country on a sustainable environmental and economic path. Against us will be those who hanker after the past, who see tolerance as a sign of weakness and who propose short-term fixes to long-term problems. The next few months will be pivotal to the country, our children and our grandchildren. We owe it to them to make the right choice.

Chair of the European Union Committee

Lord Newby Excerpts

Monday 9th September 2019 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I am sure that the whole House will share the noble Baroness’s confidence, and mine, that the noble Earl, Lord Kinnoull, will take on this role with enthusiasm and great skill. His expertise in science and the law are key ingredients for evidence-based policy-making and analysis; that is essential, particularly at a time when some consider opinions superior to facts. We warmly welcome him to his new position.

It is also an honour to pay tribute to the noble Lord, Lord Boswell, as he stands down. I first engaged with him many years ago when I was a newly elected MP and he was the shadow Minister leading for the then Opposition on the Minimum Wage Bill Committee —he remembers it well. It still holds the record for the longest ever Committee sitting in Parliament. I seem to recall that the noble Lord, Lord Lansley, spoke many a night in that same Committee Room. Despite some very long and late nights, then as now, he displayed his customary courtesy and good humour at all times.

At a time when the issue of our membership of the EU has fractured our politics, fragmented political parties, divided society and even split families, the work undertaken by our EU Committee and sub-committees remains essential and valuable. The noble Lord, Lord Boswell, has acted at all times in the interest of your Lordships’ House to ensure that our debates would be well informed and timely. He can be proud of his record.

At times, it has been a difficult role. We hear that it has been seven years, three months—and I am sure he can tell us how many days as well. The noble Lord has always seen his work as service to this House and has been exemplary in fulfilling those responsibilities. We thank him and wish him well.

[Lord Newby (LD)]

My Lords, the noble Lord has presided for a long period over the work of the European Union Committee, but I think that it will be the work related to Brexit for which he will be remembered. I am sure that the unprecedented volume of reports from that committee have informed a very large number of people across the country. In particular, the first tranche of reports after the referendum drew to the House’s attention—and mine—a whole raft of detailed issues relating to Brexit, and although I thought I knew something about the subject, I realised that I was ignorant. I would like to thank him personally for my education—and more generally, on behalf of the House and the country, for the immensely educative job that the committee has been able to do.

I also thank him personally for his very open approach to consultation. As Chief Whip and Leader, whenever there has been a particular issue relating to my group or policy more generally facing the committee, he has been able to come and have a confidential discussion about it. I found this extremely valuable, and I believe that the approach is very much in the best traditions of the House.

We welcome the noble Earl, Lord Kinnoull, to the job and wish him well. At the same time, we look forward to the noble Lord, Lord Boswell, resuming his full voice in future debates on Europe and more generally.

[Lord Hope of Craighead (CB)]

My Lords, on behalf of these Benches, I too welcome the noble Earl, Lord Kinnoull, to this very important post. I think we can all agree that a safe pair of hands is required in these uncertain times and he can undoubtedly provide us with exactly that quality; I too wish him well for what lies ahead. I join others in paying tribute to the work that has been done on behalf of these Benches by the noble Lord, Lord Boswell. I take particular pleasure in doing so because it was invariably from these Benches that he addressed the House when he was presenting the reports of his committee, as he felt it was appropriate to do. As has been said, he presided over his committee, to the work of which he was utterly devoted, with great skill and authority; these qualities came through time and again when he was presenting these many reports.

Behind the scenes, both at home and abroad, the noble Lord worked tirelessly and always with good humour to maintain his committee’s authority and reputation. It is no exaggeration to say that, having earned the support and admiration of his colleagues, he transformed the work of the committee. He gathered so much into the committee itself, on top of what was being reported to it from its sub-committees. Instead of sitting once a month as was the position to begin with, latterly it was sitting each week and perhaps even more often than once. That is some testament to the qualities that he brought and the importance he attached to its work.

The noble Lord was particularly keen to stress—I am sure he would like me to mention this—that leaving the EU ought not to mean that his committee should cease to exist. That was his response to the challenges of Brexit, along with all the others mentioned. The House owes much to his initiative and dedication. His voice is always a pleasure to listen to and his presence always commands attention. There is so much about his chairmanship to admire and for which to be grateful. I join all those who have already spoken in extending to the noble Lord our warmest thanks and good wishes.

Business of the House

Lord Newby Excerpts

Wednesday 4th September 2019 Lords Chamber

[Lord Forsyth of Drumlean]

Well, the Liberals say: “We would never do that”. The Chancellor has announced major increases in expenditure on education, on health—

[Lord Newby (LD)]

My Lords—

[Lord Forsyth of Drumlean]

I know noble Lords do not want to hear this—on health, education and social care. This very day I had a letter from the Secretary of State for Health in my capacity as Chairman of the Economic Affairs Committee responding very positively to the future of social care and the commitments being made. We have no opportunity to discuss that this afternoon. We have no opportunity to have the Statement because this game-playing by the Opposition continues.

[Lord Newby]

I am interested to know whether the noble Lord could give an example of when this House had taken the spending Statement by the Chancellor on the day on which it was made.

[Lord Forsyth of Drumlean]

The noble Lord knows perfectly well that this is a self-regulating House. If the Government and Opposition wished to do so, that would be possible. Can he give me an example of when, in the entire history of this House, anyone has put forward a guillotine Motion on the Order Paper? I will give way to him if he can, but he cannot, because it is utterly and absolutely unprecedented.

[Lord Newby]

I am sorry for interrupting the noble Lord, but I think it might be to the benefit of the House if I answer all his points sequentially when I make my speech.

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[Lord Forsyth of Drumlean]

That reminds me of the points that Screaming Lord Sutch used to make about the Monopolies Commission in various election campaigns. If there is a Division on this matter, I hope that the noble Baroness will join us in the Lobbies because she is making a very important point. In order to prevent the guillotine procedure being used in this House, it is necessary for us to table amendments—the only thing we can do—that will enable this House to keep talking until one minute past 10 am on Friday. I agree with the noble Baroness that it is outrageous that we should have to do that, but it is her doing. That is what we have to do in order to prevent this dangerous constitutional innovation in this House.

When I say “dangerous”, in agreeing with the former Lord Chancellor, I think it is dangerous for this reason—I am determined to make this point. If this House is going to be subject to a guillotine procedure, we will be in exactly the same boat as the House of Commons. If we are in the same boat as the Commons, we will not be able to do our job of scrutinising legislation, and if we are not able to do the job, what is the point of us continuing to exist? This Motion leads the way to unicameralism. My noble friend Lord Hailsham, who is not in his place, was burbling on yesterday about the elective dictatorship. What this does is to transfer huge power to the Executive.

I know your Lordships do not want me to go on for too long, but we are discussing serious issues which point to us having to be in Committee. I shall make a point which may appeal to our friends on the Liberal Benches and in the Labour Party. If we get to a position where these guillotine Motions can be used in this House, we cannot have a situation where the Government do not have a majority of Peers, so with each change of Government we will end up with a House of about 1,500 to 2,000 Peers as the Government try to maintain that position. What the noble Baroness is doing in order to avert something she supposes may happen—that somehow this House will not operate in its normal way in considering legislation—is putting a bomb under this Chamber and this institution. I hope that I might persuade your Lordships that we should sit in Committee and consider the implications.

Noble Lords will note that I have not sought to talk at length and I have not mentioned Brexit or any of the proceedings in the other place; I am entirely focused on the rights and opportunities of this House. I hope that every Member of this House, if they are not prepared to take this in Committee, will urge the noble Baroness to withdraw this wretched Motion. She said she will withdraw it if the Government give an undertaking to give safe passage to a Bill which has not even been passed in the other place. She might like to reflect on this. What is the Prime Minister meant to do when the Opposition are now so gutless that they are not even prepared to have a general election and let the people decide on these matters; when they are going around the country saying they want people to have more opportunity to discuss the issues arising, but they are bringing in guillotine Motions in this House to prevent us discussing those issues? It sounds like—are we allowed to say “hypocrisy” in this House? Is it parliamentary? Whatever the equivalent of hypocrisy is, that is what we are seeing from the Front Bench today. I beg to move.

[Lord Newby]

My Lords, I support the Motion of the noble Baroness wholeheartedly. I do so, according to the noble Lord, Lord Forsyth, as a member of a bunch of malcontents who, apparently, are being dictated to by Jeremy Corbyn. Well, you could have fooled me. The Motion is proposed by the Leader of the Opposition as a matter of convention, but it is supported absolutely by me and my colleagues on these Benches, by many on the Cross Benches—including many of the most distinguished parliamentarians, civil servants and former judges in this country—and by a significant number on the Conservative Benches. To try to characterise, to trivialise, the motivation behind the Motion as something to do with a plot by Jeremy Corbyn does the noble Lord and this House no service.

In supporting the Motion, I am not acting lightly. I have sat through many thousands of hours in your Lordships’ House, at literally every hour of day and night, when there has been no time limit. I have accepted, through stiff bones and weary eyes that, on balance, our normal system was preferable to that in the Commons where, as the noble Lord says, so many debates, however important, are severely truncated. I sat through 150 hours of debate on the withdrawal Bill, when debates on individual amendments often took several hours. I did so cheerfully, despite the odd moments of tedium, because I knew that we were debating issues of first importance for the country and that they deserved exhaustive deliberation. I would have been more than willing for the debates on the Bill that we expect from the Commons tomorrow, and which we have to make provision for today, to follow our normal procedures. But if I had done that, I would have had to acknowledge that there would be a real—

[Lord Forsyth of Drumlean]

I must point out to the noble Lord that we do not have a Bill. When he uses the phrase, “we have to make provision for it today”, the provision he is making is to prevent this House discussing it properly. How does he justify that?

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[Lord Newby]

The provision we are making today is specifically to allow this House to debate it properly and in a proportionate manner. If, however, we had simply waited for the Bill to arrive and started debating it tomorrow under our normal procedures, I would have had to acknowledge the real possibility that it would not pass. The reason for that is straightforward: we are faced with Prorogation on Monday next, and if the Bill is to pass, it must receive Royal Assent by then. In the absence of some sort of time limits on our proceedings, even with good will—and even if we sit over the weekend—things would be, at best, tight. However, it became clear at an early stage that such good will, at least from the Government’s side, would not be forthcoming.

Last Thursday, I was contacted by a senior political journalist. She had just been in discussion with a Downing Street spokesperson. The Downing Street line was that if the Bill, which is being debated in the other place today, passes the Commons—as it is likely to do—it would not get through the Lords because there would be a government-inspired filibuster. I have no reason to believe that Downing Street was not accurately representing the position of the Government, although I am willing to be told that it was not. Indeed, the spate of amendments before us today, clearly co-ordinated, gives some support to that thesis. Given that I believe that this is an issue of the first importance for the future of the country and that we will face a filibuster on the Bill itself, what options lay before us, other than to shrug our shoulders and capitulate?

The first was that we could have repeated the performance that we had with the procedural amendments on the substance of the Cooper/Letwin Bill. As noble Lords know, we were able to get that through only because we repeatedly moved that the Motion be now put. We would have been faced with that prospect on the substantive issues of the Bill and some issues might well not have been debated at all. That did not seem to be a sensible way forward.

The only other alternative before us was a timetable Motion such as we have today. It has of course been objected to on the grounds that it goes against our normal practice, that it will set a baleful precedent and that it is intended to curtail debate. However, as has already been said, we are not seeking to stifle debate. I am happy to debate hours into the night with the noble Lord, Lord Forsyth—it is a peculiarity of mine that I quite enjoy it. However, the brutal, unprincipled Prorogation with which we are faced on Monday is specifically there to curtail debate, and it is in the context of that Prorogation that we have to decide what we do today. It goes against our normal practice. According to the noble Lord, Lord Forsyth, it is an abomination. That is a pretty strong word but frankly—

[Lord Forsyth of Drumlean]

It was the former Lord Chancellor’s word, aired in the press, to describe the threat of a possible guillotine Motion. “Abomination” is not my word; it was his.

[Lord Newby]

It was a word that the noble Lord happily appropriated. However, how does he describe the unprecedented Prorogation, the sole purpose of which is to curtail debate? How does he describe a senior Cabinet Minister going on the television, as happened at the weekend, and saying that the Government would decide, after the event, whether to follow a piece of legislation duly passed by Parliament? I think that that is an abomination and that what we are proposing is eminently reasonable.

If we pass this Motion, your Lordships’ House will have some 14 hours to discuss the Bill. That is over four times the amount of time being given to it in the Commons. It would give seven hours for the principle of the Bill to be debated. Is that unreasonable? Clearly not. By our normal standards, we are undoubtedly talking about a tight timetable, but in the circumstances it is an eminently reasonable timetable.

Of course, it has been suggested that this is the beginning of a slippery slope, but it is not unusual for your Lordships’ House to take an entire Bill through all its stages in one sitting day. That is the norm for Northern Ireland legislation. However, as the noble Lord, Lord Forsyth, helpfully points out, that is normally done by agreement between the parties. This Bill is undoubtedly urgent and, in the absence of agreement between the parties and as a self-regulating House, it is for your Lordships to decide whether the proposals before the House today are proportionate and necessary in their own right. I hope that we never find ourselves in such a position in the future, but the only future that we should have in our minds today is the future prosperity, security and influence of our country, and in order to protect those we need this Bill and we need this Motion.

[Lord True]

I rise to second and support the proposition put by my noble friend. The coercion, or the instinct to coerce, could never have been put with more charm, eloquence and mildness than it has just been put by the noble Lord, Lord Newby. He made everything sound so reasonable, so normal and so in line with what we always do—that nothing we have here has never happened before. But when I went to the Table Office and saw that Motion in black and white, the like of which has never been tabled in this House in its history—by a Government, still less an Opposition—I must confess that, to appropriate a phrase, it was a dagger in my heart. It was the same thing that the Lord Hart of Chilton, who we all esteemed—

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[Baroness Smith of Basildon]

I am being heckled by the noble Lord, Lord Forsyth, to withdraw my Motion. If we were sure that the legislation, if passed in the House of Commons tonight, would go through your Lordships’ House in the usual way we do our business and it was guaranteed by all noble Lords that we would complete our deliberations and conclude prior to Prorogation, there would really be no need for my Motion.

[Lord Newby]

In an attempt to simplify matters, I support the idea of a simple, straightforward, short break, not to insert any other business, because that would be confusing, but to accept that any agreement reached among the usual channels in your Lordships’ House at 7 o’clock might be conditional on various things happening in the Commons in the next few hours. In that way, we would know what to do in various circumstances. I am loath to see a long pause, because if for some reason the good will, which I am pleased to see breaking out, did not lead to an agreement, we would be back to where we were, and the sooner we got back to where we were, the better.

As it is now 18.48, I should have thought that if we had half or three quarters of an hour, that should be perfectly long enough to—

[Lord True]

I am attempting to withdraw my amendment. I agree with what the noble Lord is saying, but if we have to come back, of course we will go through all the amendments. However, let us hope that the spirit of amity continues. I beg leave to withdraw my amendment.

--- Later in debate ---

[Baroness Smith of Basildon]

I thank the noble Lord in what is probably his first major outing as Chief Whip in your Lordships’ House. It has been quite a night. This has been a long debate and I am grateful to all noble Lords who have stayed the course and are still here. It shows how much this House values both the importance of the work we do and of the issue we are debating.

We can now confirm that we shall be able to complete all the stages of the Bill in your Lordships’ House in a time-honoured way by 5 pm on Friday. It was not an easy decision to table a Motion to ensure that we could continue our deliberations on the Bill and conclude them in good time. I understand the anxieties that were so eloquently stated by noble Lords who spoke in support of the amendments that this House has considered this evening. We recognise that such a Business Motion is a wholly exceptional response to the very unusual circumstances of the imminent Prorogation. We hope that it will not be treated as a precedent and that it will not have to be deployed again.

I thank all noble Lords for their patience. I had hoped to come back to your Lordships’ House earlier about the arrangements that were being made. Tomorrow morning, I shall be tabling a new Business Motion, which will confirm that we shall complete our consideration of the Bill by 5 pm on Friday 6 September.

[Lord Newby]

My Lords, I endorse the words of the Government Chief Whip and of the Leader of the Opposition. Passions run very high on this issue in your Lordships’ House, as they do across the country. It is not surprising that they have been high today. Carrying on through 24 or 48 hours, as we have been doing, in a sort of pathetic attempt to set a new Guinness world record for consecutive votes in your Lordships’ House, would not do anybody any favours.

These Benches felt it was key to ensure that this Bill, which we shall be receiving tomorrow, was able to finish its passage in your Lordships’ House before the weekend and that it would then get Royal Assent before Prorogation. With the assurances that we have had from the Minister, I feel confident that this will happen, so this is a positive outcome.

I cannot finish without thanking colleagues on my and other Benches who have supported us during a very long period. I am pleased that I will not be needing to use my duvet.

[Lord True]

My Lords, I am grateful for what has been said. I had my toothbrush as well. I think that we were in a good place some hours ago. In this House, it is always wise to reach agreement. I believe that I speak for all my colleagues, who never had any intention to frustrate.

Queen’s Speech

Lord Newby Excerpts

Tuesday 3rd September 2019 Lords Chamber

[Lord Newby (LD)]

My Lords, I join the noble Baroness in paying tribute to the dedication, skill and good humour of the noble Lord, Lord Young of Cookham, and to his support for the traditions of parliamentary democracy.

[Noble Lords]

Hear, hear.

[Lord Newby]

Does not the Minister, like me, find it extraordinary that none of his Front-Bench colleagues, many if not most of whom shared the view of the noble Lord, Lord Young, has shown the same degree of principle?

[Earl Howe]

My Lords, my noble friend Lord Young, to whom I too pay tribute for his exemplary service to this House and to the Government, has made clear that he has special personal reasons for taking the action that he has taken, and that he would not expect any of his colleagues to follow his example. I do not believe that I am misrepresenting him.

G7

Lord Newby Excerpts

Tuesday 3rd September 2019 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I am a bit puzzled, because I thought this was a Statement about the G7. If anything underlines the change of tone in government, it is the Statement we have just heard. As we go on, the noble Baroness may find some difficulty in having to repeat such Statements if the Prime Minister plays that way much longer. That sounded to me very much like a pitch to continue the bullying of MPs considering voting against him this evening. It sounded like a Prime Minister in election mode for an election he says he does not want. It was hardly statesmanlike; it was not prime ministerial. We wanted to hear about the G7 and got a rant from Boris Johnson about what he thinks about legislation before the House of Commons. It is inappropriate for this House.

The noble Baroness talks about the Bill being about Jeremy Corbyn, but the Bill she has referred to in repeating the Statement today actually has the signatures of two recent Conservative Cabinet Ministers on it. I wonder if we ought to consider whether these Statements should be repeated in the way they are.

I concur with the noble Baroness on one point, when she reflects that it is 80 years since we entered into the Second World War. It is worth reflecting on the sacrifices made by those engaged at home and in action abroad. It was the horror of that war that brought European countries together to engage and work. That was about not just trade but peace, values and co-operation. Today, those issues are more important than ever. I am sorry that was not reflected in anything we heard from the Dispatch Box today.

Shortly before the Prime Minister began his first performance—I think that is the right word for it—for world leaders at the G7 summit, he made a speech insisting that, on his watch, the UK would no longer retreat from the international stage. It begs the question: how have we found ourselves in such a tragic state, in which all this Prime Minister can hope for is to maintain the diminished role on the world stage that nine years of Conservative Governments have left us with? During the weekend in Biarritz—probably not the normal kind of weekend that the Prime Minister spends in Biarritz—he displayed zero ambition to improve the UK’s standing in the world and completely failed to set out a vision of how we can use our influence and experience to promote peace and prosperity. While he may have set the bar spectacularly low, aiming only not to retreat further from the global stage, judging from his act at the G7 summit, it sounds like he will fail even in that lowly aim.

I turn first to the climate emergency and, as the noble Baroness referred to, the heartbreaking situation in the Amazon. We have all seen the shocking images of flames engulfing what President Macron referred to as the “world’s lungs”. The announcement of extra funding to tackle the climate emergency will always be welcome; we will never criticise additional funds to tackle this issue. But the Prime Minister’s £10 million is a paltry sum. I do not understand the Government’s pointed refusal to work with UK companies to ensure that they are not aiding and abetting the destruction of the Amazon. I hope the noble Baroness can give us an explanation. There is also no excuse for the Prime Minister’s reluctance to fully engage the UN Security Council and the international financial institutions to promote policies to tackle the wider emergency.

It is not just about money. The noble Lord, Lord Howell, is here, who has regularly spoken in your Lordships’ House about soft power. If utilised correctly by the Prime Minister, the UK’s influence can be worth far more to the global campaign than £10 million. If we understand the importance of implementing our ideals and ethics in our trade policy, we can do far more than play our part in tackling the climate emergency. I hope to hear something from the noble Baroness to explain the Prime Minister’s reluctance.

On trade, I hope that the role of the UK’s arms trade in fuelling the Yemeni conflict was not the reason the war did not feature heavily in the summit. The Red Cross informs us that hundreds have died during air strikes in recent days, and while the UK continues to supply arms to be used in the conflict, we can only assume that this dreadful bloodshed will continue. Can the noble Baroness tell us whether any world leaders made representations to the Prime Minister with regard to the UK’s role in this conflict?

On diplomacy and conflict prevention, as well as minimising any contribution that we have to international conflict, we should also use our influence and experience —our soft power—to eliminate the risk of conflict elsewhere. I would like to have heard how the Prime Minister attempted to use the summit for exactly that.

If we look towards Iran, it was useful that Iran’s Foreign Minister attended discussions at the summit, but did the Prime Minister make any attempt to meet Mr Zarif bilaterally? If he did, did he take the opportunity to raise the issue of Mrs Zaghari-Ratcliffe, who remains in custody in Iran? I would think that the Prime Minister would take a personal interest in that case, given the effect of his previous comments. The UK should play a role in defusing the situation in Iran and moving to get the nuclear deal back on track, but there is nothing to suggest that the Prime Minister has any interest in doing this.

While the situation in Ukraine may not have featured heavily at the G7 summit, we have learned that Chancellor Merkel and President Macron will convene a summit with Russian and Ukrainian leaders. In the past, we could assume that the UK Prime Minister would play a role in promoting peace in the region. Can the noble Baroness tell us of any interest—I am not aware of any—the Prime Minister has shown? Will he be attending the upcoming summit with Chancellor Merkel and President Macron?

I want to say something about Hong Kong. The joint statement from leaders reaffirming the existence and importance of the Sino-British joint declaration of 1984 is very welcome. But given our historical connection and ties to the region, the Prime Minister should have used the summit to stand more firmly against the abuses taking place. Police brutality is unacceptable and must end. While the joint statement included a call for violence to be avoided, can the noble Baroness confirm whether the Prime Minister urged for any further text to be added?

I was slightly puzzled by the words on education, which were not in the circulated text, criticising the Labour Party with regard to international education for girls. That was clearly inserted either as an ad lib by the Prime Minister or after the text was circulated. To suggest in any way that the Labour Party has not consistently and for many years supported girls’ education across the world is incredible. Indeed, I had hoped that tribute would be paid to the work of Gordon and Sarah Brown who, since he was Prime Minister, have made this issue their mission; they should be congratulated on that.

Finally, as the Prime Minister talks of retreat, I ask only that the Government be more ambitious in the role we can play in the world, in particular through soft power. We have the potential for enormous influence and that can be utilised, not only to promote the interests of people and businesses in the UK but to build a fairer and better world. We may live, particularly now, in a divided country but we also live in a more divided world, threatened by conflict, extreme poverty and the climate crisis. Should the Prime Minister make it to the next G7 summit, at Camp David, I urge him to be more confident about the role that the UK can play in reshaping the world. We should not accept a diminished role but use our influence to try to create a better world.

[Lord Newby (LD)]

My Lords, I thank the noble Baroness the Leader of the House for repeating the Statement and hope that she enjoyed her short visit to Scotland last week.

We obviously share the sentiments of the Prime Minister and the noble Baroness, Lady Smith, in respect of World War II. However, we on this side fear that the Prime Minister has simply not learned the lessons. The Statement is very keen on the benefits of free trade, which we applaud, and mentions in particular the Prime Minister’s discussions with the President of the United States on this matter. He says that he agreed with the President that healthcare would not be on the table, which is welcome. Did he also agree not to include items that would water down food standards? Was chlorinated chicken discussed? Given that the Prime Minister has said that he does not think we can do a trade deal within a year, how long does he think it will take to reach such a deal? How long would it be, even in theory, before any such deal could begin to make up for the loss of trade that we expect to flow from a no-deal Brexit?

The Statement does not mention the allegedly prolonged and acrimonious session at the summit in which the Prime Minister joined forces with the EU in opposing the readmission of Russia to the G7. Can the Leader confirm that the Prime Minister opposed President Trump on this? If he did, does not that demonstrate that in this, as in so many issues, our interests are much closer to those of Europe than the US?

As the noble Baroness, Lady Smith, pointed out, not only is more than half this Statement on Brexit but more than a third of it has absolutely nothing at all to do with the G7 summit and everything to do with the desperate plight in which the Prime Minister now finds himself. With the decision today of Phillip Lee MP to join the Liberal Democrats, the Prime Minister has lost his majority in the Commons. It is clear from statements and interviews given by Philip Hammond, David Gauke, Rory Stewart and Justine Greening, among many others, that he is going to lose the vote later this evening. The usual fate of Prime Ministers is that the longer they stay in power, the more hubristic they become. The current Prime Minister, as with so many other things, has turned convention on its head and has behaved, against all the evidence and from day one, as though old Etonian swagger and bombast will be sufficient to carry the day. The truth, however, is that it will not.

The Prime Minister in the Statement spends a large amount of time trying to give the impression that negotiations on an alternative to the backstop and withdrawal agreement are well advanced but, as Donald Tusk put it at the summit,

“we are willing to listen to ideas that are operational, realistic and acceptable to all EU member states, including Ireland, if and when the UK Government is ready”.

The key words there are,

“when the UK Government is ready”,

for the truth is that the UK Government had not at the time of the summit put forward detailed proposals—or, indeed, any proposals—which would obviate the need for the backstop. As EU officials said, at the end of it there were,

“no new substantive elements from any side and obviously”—

obviously—

“not from the UK side”.

They said that a week ago, so perhaps substantive new proposals have been made since then. Can the Leader of the House confirm whether any detailed substantive proposals have been made over the past week which would obviate the need for the backstop? If so, when were they made, what has been the EU response, and on what day will they next be discussed by the UK and EU negotiators?

The Prime Minister said that the Chancellor of the Duchy of Lancaster has been working seven days a week to accelerate preparations for a no-deal Brexit, and we believe him. He says that we will be ready for such an eventuality. We are about to have a separate Statement on that issue so I will ask only two questions of the Leader of the House. When the Prime Minister talks of ensuring the uninterrupted supply of critical goods, does he include foodstuffs in the definition of “critical”? If so, on what basis does he believe he can guarantee the uninterrupted supply of all foodstuffs when the trade bodies representing the food sector simply disagree?

I was extremely pleased that the Statement covered the issue of species extinction, which was allegedly one of the Prime Minister’s three principal priorities going into the summit. That is a worthy priority. In recent times we have seen the extinction of the pig-footed bandicoot, the toolache wallaby and the indefatigable Galapagos mouse, among many others, and the world mourns their loss. The same will not be the case with the imminent demise of the present Administration.

[Baroness Evans of Bowes Park]

I thank the noble Baroness and the noble Lord for their comments. I can assure them both that the Prime Minister made very clear at the G7 summit that we will continue to be an energetic partner on the world stage and will stand alongside our G7 allies in addressing the most pressing international issues. He used the summit to show that Britain remains an international, outward-looking, self-confident nation, and said that we will remain at the heart of alliances that span the world. We will continue to use the breadth of our expertise in diplomacy, defence and development to uphold and safeguard the global order on which our peace and prosperity depends.

The noble Baroness mentioned the devastating fires in the Amazon. She is right. As the Statement said, we have announced £10 million of new funding, which is an extension of an existing UK project, Partnership for Forests, which goes to the longer-term efforts against deforestation. Our money is not going to the Brazilian Government but to rural communities and businesses to help them develop while protecting forests and managing land sustainably. The noble Baroness may also be pleased to know that, in addition, together with international partners we have pledged that by 2020 we will mobilise $5 billion a year to help reduce deforestation and promote sustainable land use in the world’s tropical forest basins, including the Amazon, working with local communities. We engage regularly with the Brazilian Government, businesses and communities on a range of environmental issues, including sustainable agriculture, low carbon growth and deforestation.

The noble Baroness asked about trade. We are and remain a champion of free trade and a rules-based multilateral system with the WTO at its heart. The Prime Minister underlined the need for the G7 countries to work together within the current framework to address and resolve rising tensions on trade matters. We all agreed that the WTO needs an overhaul and further work is ongoing there.

The noble Lord, Lord Newby, asked whether the Prime Minister had discussed standards of food safety and animal welfare. I can confirm that the Prime Minister made it clear that, along with the NHS, those issues were not on the table for discussions in relation to a trade deal.

The noble Baroness asked about Yemen. I am not aware of any direct representations being made to the Prime Minister but I am happy to seek confirmation of that and, if there are, I will write to her.

The noble Baroness also asked about the Iranian Foreign Minister. Only President Macron met him, but she will be aware that President Trump later indicated an openness to talks with President Rouhani under the right circumstances; we will remain supportive of any moves to achieve that. We remain concerned about the welfare of Mrs Zaghari-Ratcliffe and particularly about reports of tougher restrictions in relation to her sentence. We are in regular contact with her family, and our embassy in Tehran has consistently requested consular access.

Priorities for the Government

Lord Newby Excerpts

Thursday 25th July 2019 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I am grateful to the noble Baroness for repeating today’s Statement. I concur with her words about the Chief Whip. It feels as if he is having a daily testimonial at the moment, to which he is fully entitled, and he should enjoy it. I regard him as a genuine friend in the House. I have been his shadow in different jobs since I joined your Lordships’ House in 2010. I look forward to his contributions from the Back Benches and will still regard him as a friend in this House.

Dave Evans is also retiring today. His 24 years’ service to this House is a great achievement and shows true public service. I gather there are drinks on the Terrace for those who want to buy him a drink later today. The noble Baroness spoke about Theresa May as Prime Minister. She has had a tough time as Prime Minister, and I suspect she will show more loyalty from the Back Benches to her successor than she received. I am pleased to see the noble Baroness is still in her role, although I have more trepidation about some of her colleagues in the Cabinet. As I heard the announcements being made last night and today, it brought to mind one of my favourite TV programmes, “Yes, Prime Minister” because I could hear Sir Humphrey saying, “That’s very courageous, Prime Minister”. This is the noble Baroness’s first experience of repeating a Statement in the style of her new boss. She might have to work on the hand gestures.

In the first days on the job for any Prime Minister, bluster and bravado must meet reality. The new Prime Minister tells us he is presenting his blueprint for our country. I welcome his apparent change in tone on the value of public services, but he has to realise that despite the hyperbole in the Statement—that is what it is—the threat of no-deal Brexit creates enormous uncertainty. There is no clear plan about how we would cope with the risks to communities, families and British businesses or, indeed, the risk to the union. The Prime Minister says in the Statement that he will put the future of our union “beyond doubt”. It takes more than just words. Noble Lords are aware that there is a very real fear that the impact, particularly the economic impact which will be heavily felt, of no deal on Scotland will lead to further attempts to break up the union that we greatly value. On Northern Ireland, the Prime Minister said that there are possible arrangements for the Irish border that are compatible with the Good Friday agreement. Can the noble Baroness tell us what they are? What does his commitment to the Good Friday agreement look like in the event of no deal?

On public services, a key part of the Prime Minister’s speech was about the apparently bright—I think he described it as broader and bolder—future of the UK, which appears to involve reversing large swathes of Conservative policy that he was previously in favour of. I am all for reversing Conservative Party policies. The Prime Minister has promised 20,000 new police officers, yet he was part of the Government who cut 21,000 police officers and as a result we have seen an increase in violent crime on our streets. I know the noble Baroness has a particular interest in education. She will know that our schools are struggling to cover basic costs. Some have even been forced into a four-day week. That was inevitable given that there has been an 8% cut in per-pupil funding since 2010. Education funding should not be regarded as an electoral convenience. Can the noble Baroness give assurances today that areas of greatest need will see their funding increased rather than reduced? We are also promised an increase in funding for our health service. Can she confirm that, as previously promised by the Prime Minister, it will add up to no less than £350 million extra a week? I saw it on the bus, so it must be true.

Over the years, many have laughed, some with, some at, Boris Johnson in his various guises. We can all enjoy slapstick buffoonery, whether it means dangling from a zipwire or falling over in a dirty pond. There is always space for a genial comedian, but that is not the role of the Prime Minister. Gaffes may appear endearing when you are an MP on the Back Benches, but in a Prime Minister they are potentially very dangerous. So, as he will have realised—I make special reference to Mrs Nazanin Zaghari-Ratcliffe—words must be chosen with great care, for every word of a Prime Minister is a word on behalf of our country. They will be pored over and analysed, and they can, as we saw when he was Foreign Secretary, have great consequences.

Our country is now more divided than ever before. While the new Prime Minister obviously wants to carve out his own style, his duty has to be to try to heal the wounds. If there is to be a vision for our country, it has to be about confidence about our place in the world, being outward looking and being optimistic for the future. That cannot wait until 2050, as outlined in the Statement. Last year, we celebrated the centenary of some women gaining the vote. I remind the noble Baroness and your Lordships’ House of the suffragettes’ wise motto: “Deeds not Words”. It is on our deeds that we are judged, not our words. It may come as a shock to Boris Johnson that that applies to him too. In the announcements made so far, it appears that the new Prime Minister is telling us that he rejects austerity and is heralding significant increases in public spending. What he has not told us is where the money is coming from and how we pay for and cope with the disaster of a no-deal Brexit. The true test will be delivery.

[Lord Newby (LD)]

My Lords, I shall begin with a number of congratulations. I congratulate Mr Evans on his retirement. The good news for Members of your Lordships’ House is that, on the basis that Parliament is at some point prorogued and we have another Queen’s Speech, he will reappear in his position as one of the Yeomen of the Guard. He cuts an even more impressive figure in that role than he does in his attendant’s garb here. He has been a huge source of help to Members, not least to new Members, and he will be much missed.

I said my congratulations to the Chief Whip on his retirement yesterday, and I would be very happy to do so again today—but I do not want it to go to his head, so I shall not.

The noble Baroness, Lady Evans, deserves congratulations on being part of a successful minority—she has not been culled. I for one will be delighted to carry on working with her on a range of issues, not least harassment, where she has taken a very firm lead and I and other members of the commission have enjoyed agreeing with her.

There are two reasons for congratulating the Prime Minister. The first is, obviously, on getting elected and becoming Prime Minister in the first place, and the second is on showing the kind of consistency that one wants, in principle, from people. There were some who thought that, on becoming Prime Minister, he would stop inhabiting a fantasy world and would start behaving in a responsible manner and discussing issues with a semblance of reality. That hope has been dashed, and the Prime Minister is showing a degree of consistency in inhabiting his world of fantasy that is truly remarkable.

It began yesterday. He said about Brexit—and, in particular, a no-deal Brexit—that,

“the ports will be ready and the banks will be ready and the factories will be ready and business will be ready and the hospitals will be ready and our amazing food and farming sector will be ready”.

I now have the great pleasure and privilege of living in a rural area. I spent part of last Sunday talking to farmers and food processors about their view of Brexit, bearing in mind that if you produce lamb at the moment you will face a 40% tariff on 1 November. Their view is that the thing for which they are getting ready is bankruptcy, because there is no way that they can survive on their current business model the day after we leave the EU. Is that what the right honourable gentleman has in mind when he talks about them being ready? And, frankly, the same sort of readiness applies to the other sectors that he mentioned.

Even leaving aside that extraordinary Panglossian view of what life is likely to be like in 2050, there are a number of other areas in his Statement today where he exhibits the kind of fantasy that, in fairness, he has been promoting for a long time. The first relates to the Northern Ireland border. As the noble Baroness, Lady Smith, said, his views about being able to leave the EU, particularly without a deal, and having no problems at the Northern Ireland border are fantasy. He has said that under no circumstances will there be any checks on the Northern Ireland border. In the Statement he says:

“The evidence is that other arrangements are perfectly possible”.


The truth is that the evidence is that no other arrangements are evenly vaguely possible. So he is very good at asserting things, but their relationship to truth is something that he often struggles with.

The next fantasy is that we will,

“have available the £39 billion in the withdrawal agreement to help deal with any consequences”,

of no deal. One should bear in mind that there will be no deal immediately, but we will have great relations with the EU. We will have a great new arrangement, albeit without a deal on 31 October. Does anybody believe that a British Government will renege on paying a penny to the EU after 31 October? If they did, how would they survive? The Governor of the Bank of England correctly described our position as being reliant on the “kindness of strangers”. We have a massive balance of payments deficit, which will not go away, Brexit or no Brexit. So we need people to trust us so that they will lend us the money to survive. If that fantasy were pursued, our position would be even worse than would otherwise be the case.

Moving on, he says:

“Finally, we will also ensure that we continue to attract the brightest and best talent from around the world”.


As I have said before, the definition of brightest and best does not extend to many of the brightest and best in a whole raft of sectors, such as the brightest and best care workers, agricultural workers, lab technicians, health service workers and hospitality staff. He talks about an Australian points system. We already have a points system for immigration. In what respect will giving it an Australian accent suddenly change the way it operates and deal with the “brightest and best” problem for the rest of the economy?

Fantasies such as these are not a sound basis for government. It is not surprising that there are, in the Prime Minister’s words, some doubters, doomsters and gloomsters who believe that this reckless Government will be bad for the whole country, and that you will not find any group or organisation that will go from strength to strength under Boris. However, they are wrong. Excluding the old Etonians and extreme Brexiteers, there is one group that is already benefiting from Brexit and will continue to benefit as long as Boris Johnson remains in office. The rest of the country is in for a very hard time—but the Liberal Democrats are on the rise.

[Baroness Evans of Bowes Park]

I thank the noble Baroness and the noble Lord for their comments. I start by saying that the focus and aim are on getting a deal, and we believe that that is still possible. That has been very clear from the Statement. The Prime Minister has made it clear that he is very keen to engage as quickly as possible with the EU, along with my right honourable friend the Secretary of State for Exiting the EU, to see whether we can break the current deadlock. We have to remember that the current agreement has been rejected by the House of Commons three times. We need to address that and we hope that we will be able to do so. However, because we have not been able to get the withdrawal agreement through, we are having to focus on no-deal plans.

We have made a lot of preparations but the Statement reflects, as the noble Lord said, that we need to do more. That is why there will be a renewed focus and co-ordination through the Cabinet Office to make sure that we build on the preparations that we have already made. As I said, £4.2 billion has already been spent on preparations for all EU exit scenarios, and more funding will be made available if required. There is also a plan to start a new communications campaign to ensure that people are prepared. That will be on top of the 750 communications on no deal that we have published since August 2018. Noble Lords will know, for instance, that we have reached trade agreements with partners worth around £70 billion of current trade and we have an agreement in principle with South Korea that represents another £15 billion.

The noble Baroness and the noble Lord also talked about Northern Ireland. As has been made very clear, we are steadfastly committed to the Belfast agreement. They will be aware that exploration of alternative arrangements had already been accepted by the EU and was within the withdrawal agreement. Work is beginning on that and groups have been set up. There are various arrangements, including trusted trader schemes and electronic pre-registering, that can be looked at and brought together to help ensure that we never have to use the backstop. We can look at developing this technology to ensure that our commitments to Northern Ireland are kept.

The noble Baroness talked about some of the domestic issues and she is absolutely right. I myself am particularly interested in education. We will ensure that our education system enjoys real-terms increases, meaning that the budget will, over the course of this Parliament, increase by £4.6 billion a year. We have announced that we will up the levels of per-pupil funding in primary and secondary schools. We will make sure that the minimum primary school level of funding goes up to £4,000 and that the secondary school level goes up to £5,000.

The noble Lord asked about the Australian immigration system. The Prime Minister has asked the Migration Advisory Committee to make sure that we can learn what works best in the system and what lessons we can copy for our new system. It is not about committing to copy the Australian system wholesale; it is about learning from best practice and what works well.

Finally, the noble Baroness rightly raised the extremely concerning situation of Mrs Nazanin Zaghari-Ratcliffe. We are very concerned about her welfare. We are in regular contact with her family and our embassy in Tehran continues to request consular access. Whatever disagreements we have with Iran, an innocent woman must not be a victim, and we will continue to work to ensure that she can come home.

Parliamentary Buildings (Restoration and Renewal) Bill

Lord Newby Excerpts

2nd reading (Hansard): House of Lords
Monday 8th July 2019 Lords Chamber

[Lord Newby (LD)]

My Lords, I thank the noble Baroness the Leader of the House for introducing the Bill and the noble Lord, Lord Blunkett, for such an eloquent explanation of the broader issues that the Bill relates to. On these Benches, we very much welcome and support the Bill and hope it will make speedy progress through this House. In particular, I hope it can be concluded during our September sitting, so that it will not be delayed should we find ourselves having an early general election.

The Bill is long overdue. It is ironic that it took a fire at Notre Dame to spur the Government into action. It is undoubtedly the case that, if the Palace of Westminster were not the Parliament, parliamentarians would have been stridently calling for its renewal for decades. It is also worth remembering that this very Palace was itself born out of the destruction by fire of the old palace in 1834—I hope that history will not repeat itself. As the Leader of the House has pointed out, there are, fortunately, 24-hour fire patrols in operation, and I place on record my thanks to the fire officers and other staff who work tirelessly to keep our Parliament safe, often in trying circumstances.

Thousands of people work in this building and more than 1 million people enter the Parliamentary Estate every year as visitors, constituents, tourists, to visit Select Committee meetings and for other purposes. We have a duty to protect them and to ensure that their health and safety is not compromised when they are here.

As the noble Baroness said, this Bill gives effect to the resolutions passed in both Houses last year by establishing the statutory bodies that will be responsible for the works to restore and renew the Parliamentary Estate. The sponsor body will have overall responsibility for the programme and will act as a single client on behalf of both Houses. My noble friend Lady Scott of Needham Market has already been doing sterling work as a member of the shadow sponsor body and will speak further about its future role.

The Bill gives the sponsor body the power to establish a delivery authority, to make proposals in relation to the works and to ensure their operational delivery. As has been explained, this approach was used successfully for the London Olympics. I agree that this is the best structure to deliver the programme in a way that commands the confidence of parliamentarians, staff and the public and, most importantly, is accountable to them.

While the proposed structure is sensible, of itself it does not deal with all the potential scope for meddling in the work of the sponsor board by members and staff of both Houses. It is vital to minimise this if we are to avoid the situation described so brilliantly by Caroline Shenton in her book Mr Barry’s War, where continuing delays were caused to the building of this Palace by an interminable number of Select Committees examining specific parts of the design and construction process.

So I am pleased to see that, under Clause 6, the parliamentary relationship agreement should contain provision about consultation and co-operation between the sponsor body and the corporate officers of both Houses, and that Clause 5 provides for a consultation strategy with members. Transparency and consultation will be the key to the success of this programme going forward smoothly.

I have spoken previously of my hope that the programme will be ambitious. We should not simply confine ourselves to repairing an old building. We should instead, through this project, show the vision that we have for a 21st-century Parliament that is a modern workplace, family-friendly and user-friendly. In doing so, we must ensure, as the noble Lord, Lord Blunkett, said, that huge improvements are made so that those with disabilities not only have proper access to this place but find it a congenial and easy working environment. We are all proud of the fact that Parliament has a long tradition of openness, and I hope that the programme will also develop better facilities for visitors and students who wish to see us in operation, not only from the UK but from across the globe.

If we want to ensure that Westminster is truly a Parliament for the future, then we must also consider the environmental impact of the works. I hope that, working together, Parliament, the sponsor body and the delivery authority can produce a cleaner and greener palace.

We must also consider the wider legacy of the works, with investment in skills across the country and the importance of SMEs having a chance to work on the programme. My noble and learned friend Lord Wallace of Tankerness, to whom I pay tribute for his work on the first Joint Committee on R&R, will speak further about this. Although I accept the problems the noble Baroness referred to about specifying the need for geographic diversity in contracting, it is important that, as with the Olympics, we give opportunities to companies large and small across the country to take part in the redevelopment of this place.

While referring to spreading the benefits of the restoration and renewal across the country, I hope that during the decant process it will prove possible to loan the works of art which are currently on display in the Palace to institutions across the country. In this way, many people who would not otherwise have any chance to see any of them will have a chance to do so, and it might save on storage costs.

Returning to the content of the Bill, I was pleased that so many of the recommendations of the Joint Committee on the draft Bill were accepted by the Government. I thank my noble friend Lord Stunell for his work on that committee. Of those which were not, I do not think any were of fundamental importance. While we may want to discuss them again in Committee, I do not think that that should delay the passage of the Bill.

We must now get on and do this. The Palace is part of the UNESCO Westminster world heritage site. It is our obligation to maintain it for future generations, and with this Bill we are taking the crucial next step towards achieving that most important goal.

European Council

Lord Newby Excerpts

Monday 24th June 2019 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the Leader of the House for her comments about my noble friend Lord Prescott. I am sure that the whole House concurs. We wish him a full and speedy recovery.

It has been some time since we have had a European Council or Brexit-related Statement, but now we hear that we will have two in a very short space of time. I am sure that the Prime Minister is delighted. It is an extraordinary position, given the urgency of the issue. Perhaps it is a reflection on the state of the Government on Brexit. Back in March, the Government’s request to extend the Article 50 period was agreed by the EU 27. Despite the previous commitment, as we were told, that the UK would not, under any circumstances, participate in the European Parliament elections, the Government were forced to do just that to secure the further extension. The results of those elections were unsurprising, and the issue of Europe has now forced the resignation of a second Conservative Prime Minister in a little over three years.

However, any hope that the Conservative leadership race, including a refreshingly honest campaign by Rory Stewart, would inject a bit of realism into the Brexit saga was short-lived. The man most likely to become the next Prime Minister continues to display a wilful ignorance, asserting that we can leave with no deal in October but still benefit from a transition period and the continuation of tariff-free trade. Either he does not understand the importance of ratifying a withdrawal agreement in order to secure a transition period or he is willing to mislead the country in his quest to enter No. 10. Neither of those possibilities reflect well on him; nor do they suggest that, as Prime Minister, he would be able to negotiate a close and mutually beneficial ongoing relationship with the EU 27. Jeremy Hunt initially pledged that he was willing to take the country out of the EU with no deal and that it was his firm intention that our exit would take place on 31 October, but that, as the slightly more sensible candidate, his preference is for a deal, even if it takes a little extra time. With clarity like that, it is not hard to understand why our European neighbours find British politics so confusing and frustrating.

A no-deal Brexit—the worst possible outcome—is, as the clock ticks down, a real and frightening possibility. I had hoped to hear from the noble Baroness today that Mrs May had emphasised that the UK would do everything possible to avoid that scenario, but we did not. That is why I have tabled a Motion for debate next Wednesday, 3 July—your Lordships can see it in the green sheets of House of Lords Business—to establish a Joint Committee of both Houses to explore the costs and implications of a no-deal exit. Our aim is to be helpful to Parliament in investigating and reporting back with hard facts, not just views or opinions.

To return to the matter at hand, this summit provided Mrs May with the opportunity to bid farewell to her fellow leaders and pave the way for the new Prime Minister. However, with Mr Johnson currently most likely to win the keys to Downing Street, perhaps this was the moment of realisation. There were some warm words for Mrs May, including from an unlikely source in the form of President Macron. Perhaps he was recalling a song from Joni Mitchell in which she sang,

“you don’t know what you’ve got

Till it’s gone”.

This summit highlighted that, while Theresa May is still in office, she is not in power. That is not entirely her fault. The UK lost considerable influence under David Cameron, and Mrs May’s authority has been undermined both by members of her Cabinet and by her Back-Benchers. Nevertheless, last week’s meeting made it clear that, although Mrs May had a seat at the table, the UK had lost its voice. In years gone by, the UK has been a decisive player in allocating the EU’s top jobs, including gaining the office of High Representative for Foreign Affairs and Security Policy in 2009—a position held by the former Leader of this House, the noble Baroness, Lady Ashton of Upholland. Under the last Labour Government, we were instrumental in advancing collective international action, both within the EU and beyond, to prevent a climate catastrophe.

The outcomes of this summit matched expectations in the run-up to it. There was no agreement on appointments, meaning, as we have heard, further discussions and another summit in the days and weeks to come. Despite the UK Government having been pushed, via an Opposition day Motion in the Commons, into acknowledging the urgency of dealing with the climate emergency and setting a target of zero emissions by 2050, the EU’s commitment is disappointing. I understand that the position was watered down by member states, including Poland, one of Mrs May’s strongest allies. Given the urgency of the issue, I hope that the Prime Minister pressed Poland and others to accept a stronger position. Perhaps the noble Baroness can tell us whether the Prime Minister made any attempt to gain support from Poland and whether she had any bilateral discussions with the head of that country.

Whatever happens next with Brexit, the next Prime Minister must recognise the importance of the UK and the EU working together to protect the environment. All the issues raised by this summit—disinformation and hybrid threats, climate change and external relations regarding Russia—are ones on which EU co-operation is absolutely vital and in which the role of the UK could and should have been positive. What could have been an optimistic and ambitious start to a new institutional cycle was instead a sign of a Europe in flux. Populist rhetoric and climate change scepticism are on the rise, and not just in the Conservative Party.

Mrs May obviously wants to secure a more positive legacy, both at home and abroad, than that of her predecessor. She could have tried to use this summit to that end. Sadly, it echoed her premiership: an exercise in mismanagement and missed opportunities, and that, sadly, will be her legacy.

[Lord Newby (LD)]

My Lords, I thank the noble Baroness the Leader of the House for repeating the Statement and join her in wishing the noble Lord, Lord Prescott, a speedy recovery and all our good wishes.

I do not know whether noble Lords saw the interview given by the Prime Minister as she arrived at last week’s Council meeting. It made me wince because she was asked, in effect, what she was hoping to get out of the meeting for the UK. The answer was, in effect, “Nothing”. She went with no authority at home and no locus for intervening substantially on any of the real discussions. I have been trying to decide when the UK last had such little influence in the affairs of Europe as a whole, but I cannot think of such a time. No doubt other Members of the House, particularly the historians, will be able to help me, but I suspect they too will be struggling.

The Council discussed some of the most crucial issues facing us: climate change, the disinformation threat to our democracies and external relations with our neighbours including Russia and Turkey. On all the conclusions reached, as the Statement makes clear, the UK was in agreement. On climate change, for example, the fact that a large majority of member states have signed up to reaching carbon neutrality by 2050 is in no small measure as a result of UK leadership on this issue over a number of years.

But the Council also adopted a new strategic agenda for the next five years, a decision about which the Statement makes no mention at all. Normally, when I see the words, “strategic agenda”, my eyes glaze over, but I have read this document; I wonder whether the Leader of the House has done so too. It is extremely wide-ranging and covers,

“protecting citizens and freedoms”,

economic development,

“building a climate-neutral, green, fair and social Europe … promoting Europe’s interests and values in the world”,

and “how to deliver” on its policy priorities. Everything in this strategy chimes in with the kind of Europe and world which we on these Benches have spent our political lives trying to promote.

Will the Leader of the House tell us whether there is anything in this strategy with which the Government disagree? If not, how do they think the UK can help achieve its aims while outside the EU, outside the negotiating chamber and outside the institutions which will be absolutely key if the strategy is to be made to work? The truth is that the EU’s agenda is our agenda. It is not Trump’s agenda, nor Putin’s, nor Modi’s, nor Xi’s, nor that of any other significant player on the world stage; yet these are the people whom the Brexiteers are asking us to embrace. To be unable to participate in implementing this strategy when we leave the EU would reduce the EU’s effectiveness in all the crucial areas it covers, as well as our own. Both of us would be losers.

The other thing that the Council covered was who should occupy the top posts in the EU for the period ahead. There were—indeed are—some excellent Liberal candidates, such as Margrethe Vestager for Commission President and Mark Rutte for President of the Council. It was one of the most oft-repeated arguments during the referendum that we had such people foisted on us, with no say; of course, as full participating members, we did have a major say. The irony is that, if and when we vote to remain in the EU at some point over the next 12 months, we will, for the first time ever, be a member state that will have had no say on who occupies these top posts.

This, however, is the least of the challenges we now face as a country. We have a Government with no effective majority, a potential Prime Minister who is the laughing stock of the world, and a Commons which cannot agree on any form of Brexit. The only way out of this shambles is a referendum on whether to remain in the EU followed by a general election to sweep out this Government. Only when we have done so will a British Prime Minister again be able to hold their head up at a future EU Council meeting, and in the world more generally.

[Baroness Evans of Bowes Park]

I thank the noble Lord and the noble Baroness for their comments. I am happy to be here discussing an EU Council meeting, and I look forward to doing so again once—or, who knows, maybe more than that; let us hope it will be just once more.

The noble Lord and the noble Baroness asked about climate change. I can certainly reassure the noble Baroness that we led the way at this Council for our European partners to follow suit in committing to a net zero target by 2050. The Prime Minister was indeed disappointed that there was not unanimity on this. However, we are pleased that progress has been made and that the large majority of member states agreed that,

“climate neutrality must be achieved by 2050”.

Further work on this will be happening, and the EU will seek to agree the target as part of its submission to the UN on how it will meet its commitments under the Paris agreement by 2020. There will of course be other opportunities to discuss this extremely important issue, not least at the G20 meeting later this week which I mentioned and again at the UN Secretary-General’s climate change summit in September, so will we continue to take the global lead that we have done.

The noble Lord, Lord Newby, suggested that we might not have intervened strongly on a number of issues at the Council. As I have just highlighted, we most certainly did on climate change. As ever, we supported the regular six-month rollover of the tier 3 sanctions against Russia, another issue that we have been very vocal on and led the way on in terms of our European partners.

I am happy to let the noble Lord know that I did indeed read the strategic agenda, as he did—we may be the only two who did so, but it was a very interesting read. We supported the adoption of that agenda at the Council. As he rightly pointed out, we have a strong interest in continuing to collaborate on the challenges that we face collectively, which is why we want a strong and successful relationship with the EU once we leave.