European Union (Withdrawal) Bill

Lord Wigley Excerpts

Committee: 7th sitting (Hansard): House of Lords
Wednesday 14th March 2018 Lords Chamber

Given that there is currently no equivalent domestic law, this could be one of the first areas of legislation to be scrutinised—and I very much hope it will be, because if removed it would potentially allow public bodies to subsidise more stadium developments and other major sporting infrastructure projects in this country. We desperately need that investment at local authority level. I hope that that one benefit in a speech of otherwise significant concerns that face professional sport could also be looked at carefully by my noble friend the Minister and his colleagues. I am grateful once again to the noble Lord, Lord Monks, for giving us the opportunity to raise these issues. I am equally grateful to my noble friends for putting their names to the amendment.

[Lord Wigley (PC)]

My Lords, my Amendment 147B is in this rather diverse group of amendments. I declare an interest in that most of my close family are involved in the creative industries in Wales. My amendment is very similar to Amendment 146, spoken to by the noble Lord, Lord Stevenson, on behalf of the noble Lord, Lord Puttnam, who cannot be here, unfortunately. I support that amendment. My wording makes reference to the creative industries in all parts of the United Kingdom.

By their very nature the creative industries are international. Nothing that emerges from the negotiations that the Government are undertaking with the EU should in any way serve as a disincentive to all elements of the creative industries to engage as fully as they do now with counterparts throughout the European Union, or for those engaged in creative industries in the other 27 member states of the EU to maintain their engagement with colleagues in the UK and, indeed, with the general public.

The creative industries are the fastest-growing sector of the Welsh economy, having increased by way of employment by 58% between 2005 and 2014. Film and television account for a significant part of this, and the Welsh Government have had creative industries as a growth target since 2006. Our Welsh universities generate 5,000 creative industry graduates each year in such subjects as animation, visual effects and digital and mobile technology.

The creative industries are a key component of the UK economy, worth more than £35 billion per annum, with almost half their exports going to the EU. The audio-visual sector alone contributes £16 billion to UK GVA, with £7 billion of exports—more than £3 billion of them to EU countries.

The Creative Industries Federation published its Global Trade Report in January, based on evidence from 130 leading creative businesses. Of these, more than 80% were not confident that the UK’s creative industries could maintain their global reputation after Brexit. Forty per cent said that a no deal outcome would harm their ability to export, with 21% saying that it would lead to them moving their business abroad. They desperately want the UK to continue to have an active role in future EU legislation, as that can have a far-reaching impact on their work. The sector urgently needs to know how alignment with the EU will be managed post Brexit. Who will make the rules and regulations that will affect their ability to export to the EU countries? They also need clarity on the movement of self-employed performers and are calling for a labour movement framework that enables individuals and businesses to travel unhindered throughout the EU in order to provide their services.

The federation is calling for ongoing participation for UK citizens and businesses in EU cultural and educational programmes. It wants mutual recognition of qualifications—as has been mentioned already—and an agreement that covers the key dimension of intellectual property. It also wants clarification about the future of the digital single market.

One very important function is provided by UK-based broadcasters which broadcast programmes and services to European Union audiences. It is a significant sector; I believe that a staggering 700 such services are generated from the UK. Will they be allowed after Brexit to broadcast without barriers? They need to know the likely position relating to intellectual property. In particular, there is a strong feeling in the sector that we must be able to bring in labour from the EU as we do not have enough home-grown skills to satisfy demand.

Last November, the Welsh Government hosted in Cardiff a conference of EU peripheral maritime regions on European co-operation beyond Brexit. Their final declaration emphasised the need for continued participation in Creative Europe. Will we still have access to Creative Europe, which supports transnational co-operation projects involving cultural and creative organisations from different countries? If we lose access to this resource, it will be a very great loss to Wales and many other parts of the United Kingdom. Will the Minister clarify the position on that point when he responds?

[Baroness Randerson (LD)]

My Lords, I shall speak to Amendment 147C. In this rather pick-and-mix debate, as we go from one important topic to another, my amendment refers to transport. Our transport systems operate on a system of ongoing reciprocal arrangements and there is no WTO fallback position—indeed, I spoke about this in the early hours of yesterday morning. It is essential that we remain part of the arrangements that already exist, because our whole economy and society stand on the shoulders of our transport systems.

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[Lord Reid of Cardowan]

With the noble Lord’s usual foresight he has accurately pre-empted what I am going on to say. That is precisely the point. The Government’s reassurances were not—for that reason among others—enough for the House of Commons and it proceeded to put the requirement of the statute in the Bill. My point about that is that, from beginning to end, that process was not the voluntarism of the Government reasserting the sovereignty of the House of Commons or Parliament; it was forced on them first by the courts and secondly by the House of Commons itself.

Further safeguards are needed and this amendment seeks to give one by ensuring that the Amendment 7 statute will be brought forward to Parliament in a fair, appropriate and, above all, timely manner. As the noble Lord, Lord Balfe, alluded to, as it stands, Britain could possibly face a scenario whereby the Government strike a sub-optimal deal with the European Union, then rely entirely on an “accept or reject” Motion in the House of Commons and delay the Amendment 7 statute and the regulations necessary to implement the withdrawal agreement right up until the 11th hour. This could take Parliament to the cliff edge and leave the legislature with no real alternative option. This would clearly not be in the spirit of the Amendment 7 statute which the Commons have sought, but, in the light of the Government’s record on the issue of parliamentary sovereignty, there are simply insufficient guarantees written into Clause 9 to ensure that we will see this statutory process in good time.

By ensuring that the Amendment 7 statute is placed before Parliament as soon as a deal is done—and every effort must be made to enact it prior to the parallel ratification stage in the European Parliament—we would enhance the rights of MPs and Peers to have such a “meaningful vote” in a meaningful way and at a meaningful time. We have been told time and again that Brexit is a matter of Britain taking back control. It is so loose in the current clause that it actually allows a huge gap in that control. That is what this amendment addresses. It would be preposterous if Ministers accepted a deal and UK legislatures were watching the televised proceedings from the European Parliament discussing our withdrawal agreement before this Parliament had the opportunity to make a decision itself. That is precisely what this amendment is about.

The Amendment 7 statute, passed in the House of Commons, is the only viable context in which MPs and Members of this House can express their views on the deal, and whether it should be rejected or, crucially, whether the Prime Minister should be requested to seek different or improved terms. In its simplest terms, this amendment is a protection for the will of the House of Commons, which it has already said it wants. If the Government are truly committed to a meaningful say for the British Parliament, if they truly believe in the British Parliament taking back control, surely they can accept this amendment today. I hope that they will.

[Lord Wigley]

My Lords, I will speak to Amendment 190 in my name and that of the noble Lord, Lord Roberts of Llandudno. I warmly support what has already been said on the important amendments in this group. My amendment is framed to ensure that it is quite clear in the Bill what the implications would be of Parliament not approving the terms of a deal negotiated by the Government. If there is to be a meaningful vote by Parliament as opposed to a take-note Motion, which would be a total travesty of democracy on such a vital issue, then there are three possible outcomes. First, Parliament could endorse the terms of Brexit negotiated by the Government, which would clearly mean the UK leaving the EU on those terms. Secondly, Parliament could reject the terms negotiated. Thirdly, Parliament could resolve to refer the issue back to the people for a confirmatory referendum, something which I believe is raised in later amendments. I am excluding, for the purposes of this debate, the possibility that Parliament could tell the Government to return to the negotiating table and come back with a better agreement—a course of action which appears to be the subject of Amendment 199 in the name of the noble Lord, Lord Cormack.

Amendment 190 is essentially a reset amendment, meaning that if there is no deal at the end of the negotiating period then the UK falls back on to the status quo terms. On 7 February 2017 Mr David Jones, the MP for Clwyd West, then a Brexit Minister, said during a debate on the Article 50 Bill:

“There will be a meaningful vote. The vote will be either to accept the deal that the Government will have achieved—I repeat that the process of negotiation will not be without frequent reports to the House—or for there to be no deal. Frankly, that is the choice that the House will have to make. That will be the most meaningful vote that one could imagine”.—[Official Report, Commons, 7/2/17; col. 273.]


MPs should not be put in a position where they can vote either for a really bad deal result from the negotiations or in a way that delivers a no deal outcome. There must be a reset alternative for MPs. In circumstances where the deal secured by the Government is transparently inadequate there must be an option provided for the UK to continue being in the EU on existing terms. If that is not an available option it is essentially telling MPs to vote with a gun to their head.