Brexit: Preparations

Debate between Lord Wigley and Lord Callanan

Monday 21st October 2019 Lords Chamber

[Lord Callanan]

I thank my noble friend for his question. I know the close interest he takes in this matter, which he asked me about a couple of weeks ago. I hope he will understand why I was not able fully to answer his question then. It would indeed be a matter for legislation in this country although, given the terms of the Good Friday agreement, we would want to consult closely with the Irish Government.

[Lord Wigley (PC)]

The Minister said that the European authorities should not ignore the first letter that was sent, and I am sure we would all concur with that. Assuming they do not ignore it, and that they respond to it over the next seven days, will he give an assurance that the tremendous waste of resources in this preparation exercise will immediately be suspended and the extension will be taken full advantage of in order to get an orderly Brexit—if Brexit has to happen?

[Lord Callanan]

The President of the European Council tweeted to say that the request was valid, and he had accepted it. Of course, the legal default remains in place, but as soon as this Parliament agrees a deal and the EU agrees a deal or an extension is granted, we will want to discontinue the arrangements for leaving on 31 October. But many of the preparations we are undertaking will be required on our eventual exit anyway.

Brexit

Debate between Lord Wigley and Lord Callanan

Monday 21st October 2019 Lords Chamber

[Lord Callanan]

I cannot say that that would be definite but it is important that we abide by the provisions of the Constitutional Reform and Governance Act. Of course, the House passing a statute provides the appropriate coverage for doing that.

[Lord Wigley (PC)]

My Lords, in view of the Minister’s reference to the fact that the border in the Irish Sea will have implications, can he give an assurance that the contents of this Bill have been discussed with the Government of Wales?

[Lord Callanan]

Yes, we have certainly discussed many aspects of it with the Government of Wales.

Brexit: Customs Controls at Holyhead

Debate between Lord Wigley and Lord Callanan

Thursday 17th October 2019 Lords Chamber

[Lord Wigley]

To ask Her Majesty’s Government what are their latest proposals to avoid delays at customs control on goods being transported between Dublin and Holyhead, following the United Kingdom’s departure from the European Union.

[The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)]

My Lords, I am pleased to tell the House that the Government have this morning concluded a new withdrawal agreement with the EU. Our intention is to agree an ambitious future partnership, including a best-in-class free trade agreement, which will establish an effective customs agreement for the movement of goods between the UK and the EU once we leave. In a no-deal scenario, the Government have agreed to prioritise flow and move to new border requirements over time to allow businesses to adjust.

[Lord Wigley (PC)]

My Lords, we all realise that the trade relationship between Ireland, the north of Ireland and the United Kingdom has been a central sticking point in the Brexit process. But the devil is in the detail, and therefore the detail has to be transparent and watertight. Will the Minister tell the House what assessment the Government have made in the specific context of Northern Ireland-produced perishable goods bound for England, up to 60% of which go on lorries via Dublin and Holyhead, as to whether they will be subject to border controls at Holyhead? To avoid queues of 500 lorries stretching three miles long, the movement of goods through Holyhead has to remain seamless and unhindered, as it is today.

[Lord Callanan]

The noble Lord makes an important point. He can be assured that we are working hard to make sure that there are zero queues at Holyhead. We want the new arrangements to be as seamless as possible so that the transport of perishable goods goes forward without any hindrance.

Brexit: Preparations

Debate between Lord Wigley and Lord Callanan

Tuesday 8th October 2019 Lords Chamber

[Lord Callanan]

I thank my noble friend for his comments and join him in congratulating all the officials across government who are working on no-deal preparations. We have some excellent civil servants who are putting in a great deal of work to make sure that the country is prepared to honour the democratic decision the British people took to leave the European Union.

[Lord Wigley (PC)]

My Lords, at lunchtime, the BBC news reported that Mrs Merkel is looking for a customs union element in Northern Ireland in order to find some common ground. Given that Mrs May’s Government had that as a policy, and given the single market policy of the present Government, is it not possible to bring these together to find a compromise that can avoid us crashing out on 31 October?

[Lord Callanan]

The noble Lord makes a good point. We are seeking a compromise and have compromised considerably by conceding that Northern Ireland will remain aligned—part of the single market, effectively—for agri-foods and goods on the island of Ireland. We look to the EU to make similar compromises. No nation on earth has an internal customs border in its territory and it is unreasonable to expect the UK to do that.

Brexit Readiness and Operation Yellowhammer

Debate between Lord Wigley and Lord Callanan

Wednesday 25th September 2019 Lords Chamber

[Lord Callanan]

Let me explain to the noble Lord what these assumptions are all about. The Cabinet’s civil contingencies unit prepares the reasonable worst-case assumptions and then we do our best, working across the whole panoply of government, to mitigate those scenarios. In the case of social care, we are working closely with local authorities; this morning we had reports at a Cabinet committee from local resilience forums and from the devolved Administrations. The Secretary of State for Housing, Communities and Local Government is working closely with all local authorities and with the local resilience forums to mitigate the possible impacts in social care, and across all the other areas that local authorities are responsible for. We have extremely good, collaborative working across the piece on this matter.

[Lord Wigley (PC)]

My Lords, the noble Lord specifically referred to shellfish in his Statement—an industry of considerable importance in my part of north-west Wales. Can he give an assurance that, in circumstances of a no-deal Brexit, where those exporting shellfish to continental Europe have their product held up through no fault of their own and thereby lose tremendous value in trade, there will be a compensation scheme funded by the Government?

[Lord Callanan]

We will of course do our level best to make sure that the flow at the border does not result in any undue delays. There is a considerable amount of effort going into ensuring that, and there are appropriate plans in place to help industrial sectors and businesses that are adversely impacted by any of these effects. These are all contingency plans and we hope that none of them will come into operation. All the work we are doing is designed to make sure that there is a smooth flow of trade at the border and that none of the producers in north-west Wales will have cause for concern.

No-deal Update

Debate between Lord Wigley and Lord Callanan

Tuesday 3rd September 2019 Lords Chamber

[Lord Callanan]

There are indeed a number of other pieces of legislation currently held at various stages in both Houses. However, as my noble friend said earlier today, we do not require any of those Bills in order to have a functioning statute book on exit.

[Lord Wigley (PC)]

My Lords, I will press the Minister further on the sheep meat sector. It is not just a question of the CAP replacement, but of who will be buying up those sheep on 1 November. Millions of farmers in Wales and other highland areas will be destitute if they do not get money. The Government have said that there will not be a slaughter scheme; is that still the position? If not, will there be an intervention purchase scheme?

[Lord Callanan]

We are aware of the challenges that exist for the agricultural sector. I confirmed in a response to the noble Baroness earlier that CAP payments will continue, but we are considering what other interventions need to be made to support the farming sector at what will be a difficult time.

European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) Regulations 2019

Debate between Lord Wigley and Lord Callanan

Wednesday 27th March 2019 Lords Chamber

[Lord Wigley (PC)]

Can the Minister confirm that, in the event of the vote in the other place on Monday leading to proposals for a different form of agreement, there is nothing in this order preventing another order from coming forward to further amend the date of exit if any changes that arise from the debate in the other place have to be negotiated with the EU?

[Lord Callanan]

No, there is nothing in this instrument that would conflict with that. What they are debating in the other place are effectively changes to the political declaration, not to the legally binding withdrawal agreement.

To avoid a conflict between UK and EU law, it is therefore essential that the instrument being debated today is made before 11 pm on 29 March so that it may come into force ahead of that time. This will align exit day with the new date and time on which the EU treaties cease to apply to the UK in EU and international law.

I am acutely aware of the huge amount of work undertaken by Members of both Houses to scrutinise the nearly 550 statutory instruments brought forward to prepare for exit. If this instrument did not pass, that work would be put under threat. I therefore hope that this House can agree on the necessity of this instrument and approve it so that, with the approval of the other place also, it can come into force and avoid serious confusion and uncertainty for businesses and individuals. I beg to move.

While I am on my feet, I want to take the opportunity to correct something that I said during exchanges with the noble Baroness, Lady Quin, at Oral Questions yesterday. The noble Baroness was in fact not a member of the Blair Government during the time of the Iraq war demonstrations, and indeed did not vote in favour of the Government’s decision to go to war. I have of course apologised to the noble Baroness, and I would like to take this opportunity to correct the record.

Amendment to the Motion

Brexit: No-deal Preparations

Debate between Lord Wigley and Lord Callanan

Wednesday 20th March 2019 Lords Chamber

[Lord Callanan]

I think we will have to wait to see what happens next week. It remains our view that Parliament should pass the deal because we think it is the best deal available, but we will await the outcome of the Council this weekend before commenting further.

[Lord Wigley (PC)]

My Lords, is the Minister aware that a Paris political website is reporting that President Macron is not minded to support this deal because of the lack of clarity? That being so, we would be crashing out a week on Friday. Do the Government believe that that is practical, given what they have already said about the need for more time?

[Lord Callanan]

It is difficult for me to comment on rumours on the internet or on Twitter. I would be surprised if that was the case, but any EU member state can veto an extension and if one does, as I have said, the legal position under Article 50, as voted for by Parliament, and under the EU withdrawal Act, voted for by this Parliament, is that we would leave on 29 June.

Brexit: Article 50 Period Extension Procedure

Debate between Lord Wigley and Lord Callanan

Monday 18th March 2019 Lords Chamber

[Lord Callanan]

No, I cannot confirm that. I can also reassure the noble Baroness that we will not be seeking permission to hold another people’s vote. We have already had a people’s vote, and the people voted to leave. We are still committed to implementing the results of that decision.

[Lord Wigley (PC)]

My Lords, what happens if the European Union turns down an application by the United Kingdom for an extended period of time for Article 50 and it comes back here? Will we not then need primary legislation to avoid a cliff edge on 29 March? Do the Government have a Bill ready for that eventuality?

[Lord Callanan]

We will then have the choice of either passing the meaningful vote or we will leave by the normal operation of the law that this House has voted for.

Further Discussions with the European Union under Article 50 of the Treaty on European Union

Debate between Lord Wigley and Lord Callanan

Wednesday 27th February 2019 Lords Chamber

[Lord Callanan]

I have not seen any particular demonstration; I do not take an awful lot of notice of them. There seem to be people from all sides shouting at all of us as we walk in. I often wonder why they think that it will make a difference if they shout loudly “Stop Brexit” every five minutes—that somehow we are all going to have a flash of inspiration and suddenly change our minds. The wider point, however, is that the votes of 17.4 million people should be respected. It was the largest democratic vote in the history of this country. We said that we would respect the outcome of the referendum, and this Government are committed to doing that, even though many noble Lords are not so committed. Perhaps we have another one here now.

[Lord Wigley (PC)]

I am grateful to the Minister, as always, but does he not accept that in neither the referendum nor the general election did any party advocate a no-deal leaving of the European Union? In those circumstances, should this not be ruled out—and if it cannot be ruled out by Parliament, should it not, in line with what is being shouted outside, go back to the people?

[Lord Callanan]

No, I am afraid that I do not agree with the noble Lord. Neither the two-year time limit set by the notification of withdrawal Act on when the treaty will cease to apply to the UK, nor the exit date placed by Parliament in the EU withdrawal Bill, is dependent on whether we have a deal: they were firm commitments now set in statute at both European and domestic level. Of course we want to leave with a deal, but under domestic legislation we will leave on 29 March unless something changes. I give way.

Brexit: Article 50

Debate between Lord Wigley and Lord Callanan

Tuesday 5th February 2019 Lords Chamber

[Lord Callanan]

I thank the noble Baroness for her question, but I am afraid that I do not recognise the word “pause”. Pausing Article 50 is not an option. The UK could either revoke Article 50 or request an extension, but I am afraid that there is no remote control in DExEU with a pause button on it.

[Lord Wigley (PC)]

My Lords, is the Minister aware of the suggestion made by Mr Hilary Benn in Brussels yesterday that the logical time to implement the leaving of the European Union is at the end of the implementation period? Should not Article 50 therefore be adjusted to that end?

[Lord Callanan]

I did not hear that suggestion yesterday, but if we did not leave the European Union until the end of 2020 we would not have an implementation period, would we?

Brexit: Support for Remaining in the EU

Debate between Lord Wigley and Lord Callanan

Wednesday 16th January 2019 Lords Chamber

[Lord Callanan]

I thank my noble friend for his constructive contribution, as always. We have to accept yesterday’s vote in Parliament. We have to talk to all sides of Parliament because there needs to be a majority for something. I am sure that the Prime Minister is up for constructive discussions with all sides.

[Lord Wigley (PC)]

My Lords, in view of the statement made by the Prime Minister yesterday that she will seek a consensus, will the Government now rule out a no-deal Brexit?

Brexit: Preparedness for EU Exit

Debate between Lord Wigley and Lord Callanan

Thursday 25th October 2018 Lords Chamber

[Lord Callanan]

We are looking at all of the potential implications. We are discussing with partners such as ports and ferry operators all the potential implications of no deal. We continue to negotiate to get a deal—that is what we want—but we are putting in place the appropriate contingency plans, operations and processes in case of no deal, as are other European countries, because that is the responsible thing to do.

[Lord Wigley (PC)]

My Lords, if the NAO’s warnings are correct, is it not crass stupidity for the Government not to contemplate putting back the Article 50 day by enough time to accommodate the necessary provisions if we indeed crash out without a deal?

Brexit: EU Commission

Debate between Lord Wigley and Lord Callanan

Wednesday 10th October 2018 Lords Chamber

[Lord Callanan]

As on so many of these matters, the noble Lord speaks great sense, unlike most of the rest of his party. One of the great advantages of Brexit is that we will leave the common fisheries policy, one of the great environmental disasters of our time. We will be an independent coastal nation and we will determine our own fishing policy in future.

[Lord Wigley (PC)]

Will the Minister address a question raised in the press this morning about a danger to do with lambs and sheep being exported to Europe after Brexit, whether it is a hard or a negotiated Brexit? A logjam in the ports or on the ships may mean that sheep and lambs will be held for days on end in inappropriate circumstances. What are the Government doing to address that?

[Lord Callanan]

There were concerning reports. All live exports to Europe need to have a journey log approved by the Animal and Plant Health Agency. We would not approve a journey log in the unlikely event of disruption at the borders. Animals would instead be kept on farms or be redirected to abattoirs in the UK.

Brexit: Negotiations

Debate between Lord Wigley and Lord Callanan

Tuesday 9th October 2018 Lords Chamber

[Lord Callanan]

As I said in previous answers, the House of Commons has rejected the option of remaining in the EEA, and our legal position is that we will leave the EEA when we leave the EU. Seeking to remain in the EEA does not pass the test that the Prime Minister has set for our future partnership. It would not deliver control of our borders or our laws, and it would mean continuing to accept all EU single market rules, so I do not think that is the right future for Britain.

[Lord Wigley (PC)]

My Lords, the Minister has stressed once again that the Government are considering and planning for every possibility. In that case, will he confirm that the Government are planning for the possibility of a no-deal Brexit and in those circumstances for a vote in Parliament requesting a confirmatory vote by the people? Can he confirm how long it would take for a confirmatory vote of that sort to be properly organised and take place?

[Lord Callanan]

I said we are planning for a no-deal Brexit. I do not know what the noble lord means by a “confirmatory vote”. If he means a second referendum, then, no, we are not planning for a second referendum, because we have already had a referendum and the vote was clear.

Brexit: Negotiations and No-deal Contingency Planning

Debate between Lord Wigley and Lord Callanan

Tuesday 4th September 2018 Lords Chamber

[Lord Callanan]

Of course we are dealing with a lot of different interlocutors as well as the official EU negotiating team, represented by Michel Barnier, and the Article 50 working group. We are also liaising with individual member states. It is fair to say that there is a variety of opinions. We think that we have set out a compromise. It was obtained at some difficult political cost, but it offers a way forward. A number of member states and individuals in the EU have commented that it offers a workable and viable way forward and they look forward to engaging on it. Of course, it is a negotiation. There have been various noises off, but we still await the official Commission response. Senior members of the task force have made it clear that they think it offers a viable discussion and way forward.

[Lord Wigley (PC)]

My Lords, the Minister referred to the Statement mentioning the wish of the Government to cover every eventuality. In those circumstances, can he confirm that a question was raised in Brussels about the position on 29 March if we are within reach of an agreement but are unable to reach it within that deadline, and whether the deadline can be adjusted in order to seek and achieve agreement if that is possible?

[Lord Callanan]

The noble Lord is correct that Article 50 sets out a mechanism by which the process can be extended, but we are very clear that we are not going to apply for it to be extended. We leave on 29 March and we believe that an agreement can be negotiated well before then. It will need to be done so that we can pass the appropriate legislation in the House of Commons and in this House.

Brexit Transition: European Parliament Membership

Debate between Lord Wigley and Lord Callanan

Thursday 7th June 2018 Lords Chamber

[Lord Callanan]

Well, Parliament will get the opportunity to do so when we have negotiated the withdrawal. We have said that we will put it to a meaningful vote in both Houses.

[Lord Wigley (PC)]

My Lords, in answering me yesterday the Minister said the Government felt it was important that they planned for all eventualities. Why is he not planning for this one?

[Lord Callanan]

Because we think this is an eventuality that is not going to come about.

Brexit: Negotiations

Debate between Lord Wigley and Lord Callanan

Wednesday 6th June 2018 Lords Chamber

[Lord Callanan]

As the noble Lord is aware, we have offered the EU unconditional security guarantees, as is right and proper, and we are negotiating in good faith to achieve the free-trade relationship that he talked about.

[Lord Wigley (PC)]

My Lords, a moment ago the Minister made reference to the Government’s no-deal plan. Will he therefore confirm that the Government are seriously confronting the likelihood of leaving without a deal?

[Lord Callanan]

As I also said, we hope there will be a deal. We are working towards a deal and negotiating in good faith, as we believe our European partners are. However, as a responsible Government, it is important that we plan for all eventualities.

European Union (Withdrawal) Bill

Debate between Lord Wigley and Lord Callanan

Report: 4th sitting (Hansard): House of Lords
Monday 30th April 2018 Lords Chamber

[Lord Callanan]

I am not in a position to share confidential government legal advice on this matter.

[Lord Wigley]

Well, no doubt the House has taken good note of that comment and at some time in the future perhaps that information will become available. I am struck by the Minister’s supreme confidence that this course will be followed to an inevitable conclusion, as I am sure many noble Lords are.

As we heard in earlier debates, that may not be the inevitable conclusion. It may well be that the House of Commons in its wisdom not only rejects the deal that the Government have negotiated but in the process rejects the Government themselves. At that point, whether by a general election or some other process, the question may well arise as to the irrevocability of Article 50. Noble Lords have a right to know the advice that has been given because it would be very pertinent indeed in those circumstances.

However, having said that, I believe the question may well be tested in the courts and therefore, I beg leave to withdraw the amendment.

Brexit: British Citizens

Debate between Lord Wigley and Lord Callanan

Thursday 29th March 2018 Lords Chamber

[Lord Callanan]

I had not seen that poll but I am aware that the British people oppose most Liberal Democrat policies.

[Lord Wigley (PC)]

In the circumstances of there being no agreement, what would be a meaningful vote in the other Chamber? Would MPs have the option to reject going out on World Trade Organization terms and to remain in the European Union?

[Lord Callanan]

We have been very clear that we want a deal, and at every subsequent stage we have reached agreement, so we are confident that we will get a deal. When we have a deal, we will put it to a vote in the House of Commons and in this House. We have been very clear that if that option is rejected, of course we leave under the Article 50 process anyway.

European Union (Withdrawal) Bill

Debate between Lord Wigley and Lord Callanan

Monday 19th March 2018 Lords Chamber

[Lord Callanan]

I suspect that we will still be in the process of negotiations at that stage. We have been clear that we are consulting closely with the Government of Gibraltar. Gibraltar is leaving the European Union at the same time as the UK is. We are negotiating for the UK and for Gibraltar, in close consultation with its Government. We recently had a ministerial meeting with them, chaired by my honourable friend Robin Walker, and we are keeping them closely informed about the process of the negotiation.

A second referendum would pose a serious risk of undermining our ongoing negotiating position. Worse still, it would prolong the period of uncertainty for businesses and citizens in the UK and EU. These are the unacceptable costs of what my noble friend referred to as a neverendum. In those circumstances, I urge the noble Lords to withdraw or to not move their amendments.

[Lord Wigley]

My Lords, the House has listened to the Minister with amazement over the last 20 minutes. We have had a repeat of the statement made last week, which the noble Lord, Lord Butler, succeeded in highlighting. If we end this process with no deal, there will be no meaningful vote for Parliament, because the only alternative to no deal is to leave on a no-deal basis. That is why there needs to be a safety net of referring the question back to the people. I get the impression that the Government believe that the referendum has given them the right to ignore the will of Parliament and override it by refusing such a meaningful vote. We will certainly come back to that.

There are two clear reasons why a confirmatory referendum should not be denied. The principle has been conceded in the context of triggering the first referendum and, as the noble Lord, Lord Newby, said, only a second referendum could gainsay that. Secondly, we are in the invidious position that Parliament would be asked to overturn the view of the people. That is obviously fraught with difficulties for anybody who is a democrat. Taking that together with the question of a meaningful vote for Parliament, I believe we have to provide the House of Commons with the hook necessary for it to return to this issue after we have finished with the Bill. When there is an opportunity to vote an amendment into this Bill on Report, I hope that we will give Members of Parliament the opportunity to consider a confirmatory referendum, if that appears to them to be the best way forward. On that basis, I beg leave to withdraw the amendment.

European Union (Withdrawal) Bill

Debate between Lord Wigley and Lord Callanan

Wednesday 14th March 2018 Lords Chamber

[Lord Callanan]

That point has been addressed in exchanges earlier. The then Government made a clear commitment, in a leaflet delivered to every household in the country, that the result of the referendum would be respected. The people voted to leave the EU and the Government have committed to deliver on their instructions. Therefore, we will not seek to remain a member of the EU, as Amendment 190 tabled by the noble Lord, Lord Wigley, seeks to achieve. I am sure he will not be surprised to hear me say this.

[Lord Wigley (PC)]

Before the Minister leaves that point, in the event of there being a no-deal Brexit, the Government would have to come back to Parliament to put it before MPs and this Chamber. In the event of MPs refusing to endorse that, will he confirm that the status quo ante will prevail and we would remain part of a united Europe?

[Lord Callanan]

No, I will not endorse that. I will come on to the circumstances in a minute.

Let me say directly to the noble Lord, Lord Adonis, that while there are many possible outcomes for our future relationship, remaining in the EU is clearly not one which can be reconciled with the decision taken in the referendum.

European Union (Withdrawal) Bill

Debate between Lord Wigley and Lord Callanan

Committee: 6th sitting (Hansard - continued): House of Lords
Monday 12th March 2018 Lords Chamber

[Lord Wigley]

My Lords—

[The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)]

My Lords—

[Lord Wigley]

My Lords, I am sorry but I intend to speak.

[Lord Callanan]

We have spent 45 minutes discussing the issues.

[Lord Wigley]

I have not intervened at any stage in this debate.

European Union (Withdrawal) Bill

Debate between Lord Wigley and Lord Callanan

Wednesday 7th March 2018 Lords Chamber

[Lord Callanan]

As the noble Lord is aware, I said that the common agricultural policy is based on land-based production subsidies, whereas we can now move to other, different policies instead. This is one of the benefits of Brexit; the common agricultural policy has been one of the worst things the European Union is responsible for.

[Lord Wigley]

On that very point, if there is going to be a new, overarching agricultural Bill, will the Minister confirm that this would be applicable only to England, since agriculture is totally devolved to the three other nations?

[Lord Callanan]

Yes, I believe Scotland, Wales and Northern Ireland will be able to pursue their own policies in this regard—which is another benefit of Brexit.

European Union (Withdrawal) Bill

Debate between Lord Wigley and Lord Callanan

Committee: 4th sitting (Hansard - continued): House of Lords
Monday 5th March 2018 Lords Chamber

[The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)]

My Lords, I am grateful that the important issue of children’s rights has been raised. I thank noble Lords for these amendments, which seek to make changes relating to the United Nations Convention on the Rights of the Child and the charter of fundamental rights, specifically to incorporate them into domestic legislation via the Bill and to impose statutory duties on Ministers to consider the UNCRC when making regulations. Many of the noble Lords who have spoken to these amendments have a track record of tirelessly championing children’s rights over the years, and the issue is of utmost importance to them and to this Government. Protecting children’s rights is paramount, and I assure noble Lords that I have heard their concerns about how existing rights and protections for children, and our commitment to the UN Convention on the Rights of the Child, will continue as the UK exits the EU.

Amendments 37 and 38, in the names of the noble Baronesses, Lady Massey of Darwen and Lady Greengross, seek to provide that some or part of the charter of fundamental rights would remain part of domestic law following withdrawal from the EU. As a number of noble Lords have observed, we have already debated the wider issue of the charter at length and noble Lords will be pleased to hear that I will not go through the general arguments today, although I thank the noble and learned Lord, Lord Brown, for rehearsing some of them. I take the opportunity again to reassure the Committee that the Government remain fully committed to children’s rights and the UN Convention on the Rights of the Child. Our ability to support and safeguard children’s rights will not be affected by the UK’s withdrawal from the EU.

I have heard the concerns of the noble Baroness, Lady Massey, about the impact of Brexit on children’s rights and the need to ensure that their welfare, safety and best interests are not compromised as we leave the EU. The rights and best interests of children are already, and will remain, protected in England primarily through the Children Act 1989, which sets out a range of duties to safeguard and promote the welfare of children, including making the child’s welfare the paramount consideration for any court—I think the noble and learned Lord, Lord Brown, referred to that. Children’s rights and best interests are further protected through the Adoption and Children Act 2002, which among other things ensures that the child’s welfare is the paramount consideration in all decisions relating to adoption. In addition, other legislative and administrative measures are in place, including the Children Act 2004, which imposes general safeguarding duties in relation to children on various bodies.

Scotland, Wales and Northern Ireland have their own measures for the protection of children’s rights which fully comply with the UN Convention on the Rights of the Child. Additionally, the European Convention on Human Rights as a whole offers the protection of children’s rights, and this is implemented domestically by the Human Rights Act 1998.

[Lord Wigley]

The Minister referred to Wales, Scotland and Northern Ireland having devolved competence. Can he give an assurance that all the powers they currently have in that context will be maintained after Brexit?

European Union (Withdrawal) Bill

Debate between Lord Wigley and Lord Callanan

Committee: 4th sitting (Hansard): House of Lords
Monday 5th March 2018 Lords Chamber

[Lord Callanan]

Because we do not think that Article 13 works in the context of UK law; it applies only to EU law. I have set out why we think we can do better.

The public consultation on the draft Bill closed on 31 January. The Government are analysing the responses and will publish a summary and next steps in due course—I hope before we get to Report. I hope this reassures the noble Baroness, and indeed my noble friend Lord Deben, about the Government’s firm stance on animal sentience.

[Lord Wigley]

The Minister emphasised that he hoped this would be brought forward by Report. If it is not, would he be prepared to look at an amendment along these lines to meet the Government’s shortcomings and ensure that the Bill covers the possibilities we have outlined in the debate, rather than relying on the possibility of future legislation that may not reach the statute book?

[Lord Callanan]

I do not want to give the noble Lord an exact commitment but, as I have said, we hope to have it by Report stage. If that is not the case we will look at what can be done in its place.

Amendment 30 seeks to transfer the obligations contained in Article 13—to have regard to the welfare requirements of animals as sentient beings when developing and implementing certain EU policies—to domestic law. Unlike Article 13, however, the amendment applies only to the formulation rather than the formulation and implementation of law and policy. Furthermore, once the UK has left the EU we will obviously no longer be a member state and therefore no longer formulate or implement any EU laws or policies. Therefore, by referring to the obligations contained in Article 13, it is not clear what the effect of the amendment would be in practice. Although it is assumed that its intention is to require the welfare requirements of animals to be taken into account in formulating domestic law and policy, it appears that the amendment would only require it when formulating and implementing EU policy and law, which of course we would no longer be doing. As I have said, the Government have published a draft Bill which introduces a clear duty on Ministers to have regard for animal welfare when formulating and implementing all government policy and not only the six areas I mentioned earlier.

Amendment 98, tabled by the noble Baroness, Lady Jones of Whitchurch, seeks to apply the requirements of Article 13 to the use of Clause 7. It would require Ministers to pay full regard to animal welfare requirements when introducing any legislation under Clause 7. I remind noble Lords that the purpose of Clause 7 is to allow the Government to address deficiencies in retained EU law arising from our withdrawal. Clause 7 provides powers for Ministers to make secondary legislation to deal with any problem that would arise on exit—for example, to remedy any provisions that would have no practical application after the UK has left the EU.

However, the power is temporary and can only be used for up to two years after exit. After that point it will expire. Similarly, the proposed amendment to Clause 7 would only have effect for two years from the date of our withdrawal from the EU. The amendment would also only apply to those regulations introduced by Ministers before March 2021 for the purposes of addressing deficiencies arising from our withdrawal. Therefore, the limited protection provided for animals by the amendment would also expire on 30 March 2021.

The amendment would not hold Ministers to the standards required in Article 13 two years after we have left the EU and, therefore, would weaken the current obligation in Article 13. The provisions set out in our draft Bill in December go beyond the two years following our exit from the EU and will apply to more than just those regulations that deal only with any deficiencies arising from the UK’s withdrawal from the EU.

European Union (Withdrawal) Bill

Debate between Lord Wigley and Lord Callanan

Committee: 2nd sitting (Hansard): House of Lords
Monday 26th February 2018 Lords Chamber

[Lord Callanan]

I will need to write to the noble Baroness with the exact amount of billing, as I do not have those figures in front of me at the moment.

I turn to Amendment 353, tabled by the noble Lord, Lord Stephen. The Government already keep NHS performance and health outcomes constantly under review, including through the NHS outcomes framework, which measures a number of health indicators intended to form an overarching picture of the current state of health and care services in England. We are committed to positive and productive engagement with the devolved Administrations going forward as we seek a deal that works for the entire United Kingdom.

The Secretary of State for Health and Social Care also publishes an annual assessment on the performance of NHS England, including how it has met its mandate from the Government, as well as an annual report on the overall performance of the health service.

[Lord Wigley]

As the Minister has confirmed that there is in fact ongoing, detailed monitoring of these matters, can he confirm that we are losing National Health Service staff returning to the European Union and are having greater difficulty in recruiting from Europe to fill the vacant spaces?

[Lord Callanan]

I am not sure that is the case. Obviously there are people returning to the EU all the time, and different people coming to the UK to take up job offers. We can get into detailed figures, but I do not think there is any large-scale exodus of health service staff.

For the reasons I have set out, this amendment is both unnecessary and risks creating unwelcome new burdens at a time when that is least appropriate. I hope I have been able to provide noble Lords with sufficient reassurance.

Brexit: Gibraltar

Debate between Lord Wigley and Lord Callanan

Monday 29th January 2018 Lords Chamber

[Lord Callanan]

I say to the noble Lord that I think it is clear. The Prime Minister said in Parliament on 18 December that,

“we will be … negotiating to ensure that the relationships are there for Gibraltar as well. We are not going to exclude Gibraltar from our negotiations for either the implementation period or the future agreement”.—[Official Report, Commons, 18/12/17; col. 758.]

It could not be clearer.

[Lord Wigley (PC)]

Does the Minister not accept that the predicament of Gibraltar would be largely overcome if we remained in the single market and the customs union?

[Lord Callanan]

I will repeat what has been said in the discussions we have had many times on this: we share the position of the Labour Front Bench that we are leaving the single market and leaving the customs union.

European Union

Debate between Lord Wigley and Lord Callanan

Monday 6th November 2017 Lords Chamber

[Lord Callanan]

I think that what happens to the European Union after we leave is a matter for the remaining member states to determine.

[Lord Wigley (PC)]

My Lords, will the Minister confirm that, if it appears over the coming months that the Government will fail to get anything but the hardest of hard Brexits, and if in the meantime these ideas about the future of Europe develop, the Government still have the option to withdraw their Article 50 application?