Brexit: Stability of the Union

Lord Young of Cookham Excerpts

Thursday 17th January 2019 Lords Chamber

[Lord Young of Cookham (Con)]

My Lords, if that was the speech of a novice, we look forward to hearing from the noble Lord when he finds his length. I am grateful to all noble Lords who have taken part in this timely and exceptionally well-informed debate. In particular, I am grateful to the noble Lord, Lord Lisvane, who chose and introduced it, this time without the colourful reference to his maiden aunts.

The noble Lord has listened to more hours of debate in Parliament on the union—many of them I expect involuntarily—than any of us. He has unrivalled insight into the constitutional and legislative implications of what has happened in the past and what is happening now. I am therefore pleased that at this time of constitutional change, with our eyes turned outwards to the EU, he has provided us with the opportunity to look inwards—as the noble Lord, Lord Griffiths, has just told us—to the far older, far stronger bonds between our nations, which have enabled us to overcome past challenges, as the noble Lord, Lord Armstrong, told us. This is an opportunity to see how those bonds might be strengthened in the future. My noble friend the Duke of Montrose managed to put the relationships in a historical context by drawing on recollections of his ancestors.

I will say straight away that the Government take the warnings from the noble Lord, Lord Lisvane, and others who have spoken in this debate extremely seriously. I pay tribute to the work that the noble Lords, Lord Lisvane and Lord Hain, and others have done with the Constitution Reform Group to bring stability to the union, an objective which we all share. The Minister for the Constitution looks forward to meeting that group soon, and I will return to the Bill in a moment.

Speaking on “The Andrew Marr Show” earlier this month, the Prime Minister said that, if the vote was lost on Tuesday, we would be in uncharted waters, and that of course has consequences for the union. In our debate, we have had some professional political cartographers steering us away from the jagged rocks below the cliff edge to which some siren Brexiteers entice us, and indicating where calmer waters and more favourable winds may prevail. No deal would be bad for all of us but it would create particular political tensions in Scotland and Northern Ireland, as we have heard today from my noble friends Lord McInnes and Lord Dunlop, and from the noble Lords, Lord Thurlow, Lord Hannay and Lord Hay, who spoke about the backstop. I think we were all moved by the speech from the noble Lord, Lord Wigley, about Wales and the late Steffan Lewis, to whom he paid tribute.

It is worth rewinding briefly to see how we got here. Of course, the centrifugal forces within the UK predate the Brexit referendum, as the noble Lord, Lord Lisvane, said in his opening remarks. This was repeated by the noble Lord, Lord Judd, and the noble and right reverend Lord, Lord Chartres. We saw the growth in political support for Scottish independence when the SNP unexpectedly won overall control at Holyrood, and in Northern Ireland we have seen growing support for the party that believes in a united Ireland. The Brexit referendum crystallised and added momentum to these forces.

During our debate, there has been criticism of the decision to hold referendums, a point made by the noble Lord, Lord Empey. The noble Lord, Lord McCrea, reminded us of how we got here. I am personally cautious about referendums as they can cause tension with our parliamentary democracy, but there are some issues which it cannot satisfactorily resolve. For example, the SNP, mentioned by the noble Lord, Lord Thurlow, was never going to win a majority in Westminster to deliver Scottish independence, yet there was clearly significant support for it in Scotland. The referendum was the right way to resolve that issue. Likewise, UKIP was never going to win a Westminster election, but in 2014 it topped the poll in the EU elections on an unequivocal manifesto of withdrawal. Again, the referendum was the right way to resolve this question and lance the boil.

Likewise, there is provision for a referendum in Northern Ireland should the conditions in the Belfast agreement ever be fulfilled, a point referred to by the noble Lord, Lord Bruce. I was impressed by what the noble Lord, Lord Rogan, said: that in Northern Ireland, more important than Brexit is the wish of the population to see the restoration of the Northern Ireland Executive. They see that as their top priority.

In passing, I understand all the arguments against a second referendum, which is not government policy, but I do not accept that our democratic tradition is so fragile that it could not withstand one, were it to be held.

The criticism that can be made of the Brexit referendum is not so much of the decision to hold it, as of the subsequent and unsuccessful campaign to remain, recently revealed on our screens as having been outwitted by a slick if, at times, irresponsible operation acting below the radar of conventional politics and masterminded by an arch political disruptor. That referendum crystallised, but did not cause, the different views in the UK on whether we should remain part of the EU. Two countries voted to leave and two to remain. The consequences of that have been the focus of today’s debate.

I turn to the constructive proposals from the noble Lord, Lord Lisvane, in his Bill to help bind the UK together. I commend him for identifying the broadly undisputed purposes of the United Kingdom in Clause 2. I also applaud the heroic endeavour to distinguish between what are called “central policy areas” and matters that are devolved to the four national Parliaments. Here, I particularly welcome the requirement that the Governments of each nation co-operate on matters of national importance, such as aspects of defence and security. Co-operation is one of the key principles of our current memorandum of understanding between the UK Government and the devolved Governments, and its operation over recent years has been positive. Such an approach should continue. I propose to say a word or two in a moment about one of the themes running through the debate on the relationship between government and the devolved Assemblies.

Reading the press release put out by the steering committee on 9 October, I was struck by the following sentence:

“the Bill asserts that Scotland, Wales, Northern Ireland and (if it so chooses) England is each entitled to its own internal sovereignty”.

The noble Lord might find this an unfair comment, but I found it perverse that a Bill that seeks to bring us closer together should have as its starting point the total separation of the four parts of the union. Even if they subsequently agreed to pool sovereignty, that initial step and taste of sovereignty might make subsequent independence easier to achieve, a point made by my noble friend Lord Dunlop.

My first question on reading the Bill relates to the asymmetrical nature of current devolution settlements, which I think correctly reflects the different histories and cultures of our four nations. Scotland, Wales and Northern Ireland are all treated differently. The Bill does not appear to make provision for this, and has a one-size-fits-all approach that does not reflect the findings of the Silk and Smith commissions, nor the views of the people of the UK, as mentioned by my noble friend Lord McInnes.

My second question relates to one raised by the noble Lord, Lord Armstrong, about adjusting the settlement over time to reflect changing circumstances. We can do that at the moment and we do so relatively easily. English votes for English laws is a case in point. It has embedded fairness and balance into Parliament’s law-making process, ensuring that MPs representing English constituencies can consent to legislation that affects only England while maintaining the key principle that all MPs from across the UK can debate, amend and vote on every piece of legislation.

We have also continued to move forward at pace to decentralise governance in England, bringing powers closer to the people so that services can be delivered that are attuned to their local needs. I challenge the assertion of the noble Lord, Lord Adonis, who I think said that little had changed since Redcliffe-Maud. Through the Cities and Local Government Devolution Act 2016, we have taken major steps to decentralise governance in England through devolution deals. Seven city regions are now headed up by their own elected mayors, with their own devolved powers and budgets.

I welcome the comments of the noble Lord, Lord Wallace. An enthusiastic debate over devolution is continuing across Yorkshire and a number of further suggestions have already been discussed locally. We are of course willing to discuss proposals that have support behind them, cover a sensible economic area and do not break up areas that already have long-standing integrated services. We are currently considering the information recently submitted by the 18 Yorkshire leaders, but we have always been clear that the first step to any devolution deal across Yorkshire is the full implementation of the 2015 Sheffield City Region devolution deal. We want Sheffield to enjoy the full benefits of its 2015 deal, including £900 million of investment.

Turning back to the Bill for a moment, the future changes set out in Part 2 of the Schedule seem infinitely more complicated and cumbersome, and risk locking us into a settlement that becomes outdated—a point made by the noble Lord, Lord Armstrong. Constitutional development in the UK needs to evolve to reflect circumstances of the day and be flexible enough to meet new challenges.

The noble Lord, Lord Lisvane, will understand that his Bill is unlikely to have an easy passage. My attention was caught by Clause 28(1), which says:

“On commencement of this Section, the House of Lords shall cease to form part of Parliament”.


Well, we may need to spend a little time on that one. The noble Lord will understand better than anyone that a Bill heralding the most significant constitutional change in our history will take a Session or two to make progress.

What are the Government doing to strengthen the union during Brexit? We recognise the importance of working closely with the devolved Administrations throughout the negotiation process and welcome the regular engagement that has taken place through forums such as the Joint Ministerial Committee on EU Negotiations and the Ministerial Forum on EU Negotiations.

Here I might depart from my text—always a risk—and say that one of the themes running through the debate has been what the noble Lord, Lord Lisvane, called “imperial condescension”, the noble Lord, Lord Wigley, referred to as a “power grab”, and the noble Lord, Lord Adonis, referred to in more derogatory terms. But it was clear from what the noble Lord, Lord Griffiths, said, that the Chancellor of the Duchy of Lancaster, my right honourable friend David Lidington, wants his approach to have that element of respect and to promote good relationships.

I take on board the points made by the noble Earl, Lord Kinnoull, the noble Lords, Lord Lisvane and Lord McConnell, my noble friend Lord McInnes and a number of others that this relationship should be rebooted. Comments were made about the regularity of the meetings and Ministers’ attendance. It is quite clear from this debate that the institutions and the quality of the dialogue need to be improved. As a result of the exchanges on that subject, I propose to talk to the Chancellor of the Duchy of Lancaster whenever I can and feed through to him the theme that has consistently run through some of the speeches on both sides. I know that officials are working closely with counterparts in the devolved Administrations to take forward this review of intergovernmental relationships. On 19 December, the Prime Minister, together with the First Ministers of Scotland and Wales, reviewed the progress made so far of the review at the JMC. It is important for us to look, in the light of our debate, at the principles and machinery that underpin the relationships and how we can best ensure—

[Lord Dykes]

Since the Prime Minister is so overworked and busy, would it not be a good idea for David Lidington to be in charge of those detailed discussions?

--- Later in debate ---

[Lord Young of Cookham]

My right honourable friend David Lidington has a key role to play in building up a relationship with the devolved assemblies. He has attended a large number of these meetings. If the noble Lord looks at the allocation of ministerial responsibility, the Chancellor of the Duchy of Lancaster has this as part of his portfolio.

To revert to what I was saying, an interim report was presented and agreed on 19 December. All the Administrations have tasked officials to make a further report to the JMC(P) in due course. I will ensure that the views expressed during this debate are taken on board as that review takes place.

The noble and learned Lord, Lord Morris, asked about legislative consent Motions. We are fully committed to the Sewel convention and its associated practices for seeking consent set out in the devolution guidance notes. We are continuing to seek legislative consent, taking on board the devolved Administrations’ views and work on the EU exit Bills according to established practices, just as we have always done.

I may need to write to the noble Baroness, Lady O’Neill, about the letter from Mr Tusk that she referred to but, in principle, the Government are committed to the Belfast agreement, as they always have been, and remain steadfast.

We have been working with the devolved Administrations on what a deal might look like in practice domestically. We are committed to preserving and strengthening the decision-making abilities of the devolved Administrations and, as we have made clear, the devolved institutions will continue to be able to make any decision that they can make now after exit. As set out in the EU withdrawal Act, as new powers are returned to the UK and where they are within areas of devolved competence, they will flow directly to Belfast, Cardiff and Edinburgh.

We are also working collaboratively with the devolved Administrations to agree where we should continue to take UK-wide approaches and what they will look like. These common frameworks referred to by the noble Lord, Lord Griffiths, will be established in specific policy areas and help preserve the UK internal market, preventing four different sets of rules in different parts of the UK making it more difficult for a cheesemaker in Monmouthshire to sell to customers in Bristol, or for a farmer in Aberdeenshire to sell their beef in Berwick-upon-Tweed.

On funding, which a number of noble Lords mentioned, we are committed to the Barnett formula. We believe it is a fair and transparent way of funding the devolved Administrations. The noble Lord, Lord Empey, raised a good point on accountability. I suppose the answer is that the Scottish Executive are accountable to the Scottish Parliament, and ultimately to the Scottish electorate, for the way in which they spend the money—including the money that they get from Westminster.

In the turbulence of the current political situation, it is easy to lose sight of the background to this debate. The bonds between our nations exist not only because we share values and histories but because, time and again, we have shown that we can achieve more when we operate together. That is why we believe in the union and will continue to govern in the interests of every part of it. That commitment is reflected in the way that we work across the entirety of the UK: from high-profile, job-creating investments such as the aircraft carrier being built at Rosyth to the no less important work behind the scenes, such as officials working hard to ensure that Welsh beef and lamb can be sold across the globe. Initiatives such as the industrial strategy drive growth across the whole of the UK, while sector deals and investment in research and development will support the industries of the future, whether in Scotland, Wales, Northern Ireland or England.

I will try to answer one or two specific questions. My noble friend the Duke of Montrose asked about the Supreme Court. We challenged the Scottish Bill on the basis that it was not within the competence of the Scottish Parliament. We are grateful to the Supreme Court for providing greater clarity. This is not simply a question of where constitutional powers lie, important as such questions are. Greater clarity was needed to ensure that our statute book functions properly and the law is clear.

I say to the noble Lord, Lord Hastings, on Gibraltar: let no one be in any doubt that on the future partnership the UK will negotiate for the whole UK family including Gibraltar, as the Prime Minister said on 25 November. As the Chief Minister said, this is a deal which works for Gibraltar.

Where do we go from here to prevent the centrifugal forces I referred to earlier driving apart the component parts of the UK? We need a deal with the EU that those in Northern Ireland and Scotland in particular feel comfortable with, even though a majority voted to remain, and we need to avoid no deal.

In 2010, my party was the largest one but it had no majority. The country was looking over a cliff edge after the collapse of global markets, with concerns about our currency and our financial and political instability. Then, in the interests of the country, we reached out to those sitting on the Opposition Benches—our opponents in the recently concluded general election. An offer to talk was rightly accepted, without any preconditions. We then had to abandon some manifesto commitments; there were tensions within my party that had to be managed as we formed the then coalition. But it was the right thing to do and I remind my former colleagues in another place, understandably worried about their future, that our party came together then and, when the country passed its verdict, we went on to win a general election for the first time in nearly 25 years.

Now, we do not need another five-year coalition but, picking up a point that I think was made by the noble Lord, Lord McCrea, we need to work together again in the interests of the country. The current deal is dead but I hope that a reformed one can be found, acceptable to those who want to leave, so that the referendum box can be ticked, but also acceptable to those who, like me, voted remain so that we can do so with minimum turbulence, because on leaving we move into the transition period where there is stability. Your Lordships’ House has debated these issues today calmly and constructively, in contrast to the excitable atmosphere in another place, and we have put aside partisan points. That is the spirit in which the debate should now continue in both Houses of Parliament, with a view to arriving at an acceptable conclusion in the national interest.