Asked by Lord Dykes To ask Her Majesty's Government what
plans they have to bring regular reports before Parliament on the
progress of the negotiations for Brexit. Lord Dykes (CB) My
Lords, one of the features of my last visit to New York was a
snippet of New York traditional humour. I was very impressed that
the definition of a real optimist was a...Request free trial
Asked by
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To ask Her Majesty's Government what plans they have to
bring regular reports before Parliament on the progress of
the negotiations for Brexit.
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(CB)
My Lords, one of the features of my last visit to New York
was a snippet of New York traditional humour. I was very
impressed that the definition of a real optimist was a 95
year-old man who got married for the eighth time and bought
a new house near a school. The Government need even more
optimism than that to get through this nightmare of Brexit.
The less congenial part of this, for me, is having to sound
curmudgeonly to a very distinguished Minister, the noble
Baroness, Lady Anelay. We thank her for coming today and we
look forward to her responses, but it is always a problem
to deal with someone who has such an excellent reputation
as a very hard-working Minister. So I apologise in advance
for everything I say if the Minister—unsurprisingly—
disagrees a little with it.
The Government do not realise how impossibly complicated
this process will be. That is why the reports now need to
accelerate and be much stronger and more regular in the
light of all those coming to speak in this debate. I
believe that the two representatives of the EU Committee
are the noble Lords, Lord Jay and , and I hope they will
quite rightly ask the Government to promise that the EU
Committee is kept well informed about what goes on. We hope
that the noble Lord, , will soon be back
as the chairman.
The Government have lost their original mandate from the
decision of 23 June 2016 because of the 8 June election
this year. They cannot proceed legitimately—possibly even
legally, particularly if we had a written constitution,
which of course we do not have. The Bill being debated
today in the Commons and on Monday grants those sinister
Henry VIII powers on secondary legislation, which will not
be accepted by Parliament. A minority Government, which is
what they are, dependent on a peculiar DUP grouping of
Protestant hard-liners in Belfast, cannot possibly enforce
their decisions against the true democratic majority
increasingly revolted—as are the public—by this daft plan
to leave the European Union. The prospect of leaving is
alarming mainly the representatives of UK industry, farming
and commerce, and particularly major exporters to the EU.
The idea that this will not grow from now on—it will keep
coming back to haunt the Government—is daft, if that is
what some Ministers still think.
The immigration issues are even more painful. All the way
through, it was extraordinary that the Government, unlike
other EU member states, for some bizarre reason avoided
using the existing powers in the treaty of Rome—now the
TFEU—to limit immigration from other EU countries if they
wanted to. Guess who was the Home Office Minister in charge
at the time: a lady called —so it is even more
strange.
On 7 March this year I asked the Home Office Minister in
the Lords why the powers, mostly under Clause 45, were not
invoked, which would have softened the irrational hostility
to migrants in this country. She did not answer but said
she could not be responsible for what had happened in the
past. So much for Tory government continuity on main policy
areas. They failed repeatedly to use the treaty three-month
rule, and then in a panic reverted to Cameron’s
unachievable tens of thousands formula, which, incredibly,
is still being repeated by a lady called .
I will quickly refer to Article 50 again. In response to
Questions in the Lords on 19 December last year, the
Minister used the word “instructed”, a word that is illicit
or perhaps even illegal—it would be if we had a written
constitution—as the referendum was an advisory opinion
only. Of course, anti-EU Tories said they would accept the
result and act on it. However, the then Government were
elected with a net small majority but only by just under a
quarter of the qualified voting public, which excluded the
youngest voters—hardly a democratic basis in law. In the
same exchanges, the peculiar invocation of a red, white and
blue Brexit by Mrs May was described as red for the
millions of dead in two world wars followed by six decades
of peace thanks to the EU; white for the cowardly slide in
this country into irrational xenophobia; and blue,
representing just the Tory interest, mostly older people—a
party which now has a membership base less than one-fifth
of that of the main opposition party in the Commons.
The emotional background is even more striking. With
Ministers floundering and dreading the growing public
revulsion at this monumental disaster looming over this
country, we recall the effects of what the noble Lord,
, described as the
continuing “cancer” literally threatening to destroy the
Tory party in the future. Ministers have ignored the
sensible voices and opted to listen only to the dark voices
of reaction, prejudice and ignorance, as well as a few
genuine believers in a mystical and old-fashioned
independence, which no longer exists in reality for any
country, even the United States.
For once—and it surprised me at the time—the Prime Minister
expressed it with accuracy in her article of 8 January this
year in, of all places, the Sunday Telegraph, saying that
people,
“did not simply vote to withdraw from the European Union;
they voted to change the way our country works … forever”,
and were disgruntled by economic and social setbacks in
their lives. Apart from immigration, this is probably the
main reason why people did vote—to give the Government a
kick, which is what they tend to do in referendums if they
are feeling fed up with lots of things, as people are in
this country now. That is fair enough but why should the
Government take it out on our membership of the most
successful trading system in the world?
In the brilliant four-page “Why we are still angry” special
in the New European newspaper on 10 to 16 February this
year, the second of the four whys reminded us that,
“every one of the reasons given to persuade Leavers to vote
for Brexit is a lie”.
Let us note the voices of good old British common sense, of
people who are beginning to wake up to what is happening in
this country with this daft policy of Brexit, such as John
Cole, a citizen from Shipley, West Yorkshire, who stated in
the Guardian in January this year that the referendum,
“was only ever advisory. The government had no obligation
to act on the outcome, especially when it was so close. Any
golf club or musical society requires a super-majority for
significant constitutional change … the government has
grossly overinterpreted the result”.
He must have been thinking about the fateful utterance of
the infamous words after the previous election that “Brexit
means Brexit” by an inexperienced and maladroit Prime
Minister in the heat of the moment.
There are now very difficult questions facing the
Government and they have to be faced up to from now on,
with regular reports to Parliament, both the Lords and the
Commons. We know that in both places the majority against
Brexit is growing. In the Lords I believe the majority
against leaving Europe is very large indeed, among all
groups and parties.
How do we avoid hard Brexit? As the negotiations have now
started at last, some eight weeks later than if there had
been no election, the earlier strong fears that would be happy to opt for
a hard Brexit—a no deal at all kind of outcome—have happily
receded somewhat, only because of the gradual evolution of
some common sense among some Ministers. I will avoid naming
names. It does not apply to all who are involved in this
exercise.
As early as 21 February this year, in the debate on the
European Union (Notification of Withdrawal) Bill in the
Lords, the highly respected Cross-Bench Peer, the noble
Lord, of Dalston, said that
there was “no question” of just ignoring the referendum.
However, he rejected absolutely the concept of the hard
exit, or Brexit, which had not been mandated. He added,
“there is no way that I am going to vote for triggering a
negotiation designed to achieve a hard Brexit, which is
likely to be so damaging for our country”,—[Official
Report, 21/2/17; col. 222.]
for reasons he went on to explain in some detail. He also
went on to attack the approach as a cavalier disregard of
the 48% of voters, then and now a figure that is growing,
who are against this daft policy.
On 6 July I argued that the original Brexit mandate had
lapsed long since the 8 June outcome. Indeed, the results
of that election are striking. Even Sky News in its
analysis said that there was a built-in majority against
Brexit in the overall result of all the electors voting for
the political groups. Of course, we had new younger voters
coming in for the first time as well, who signalled a very
significant change. The Tories are now down to just above
the Member numbers for the Liberal Democrat party with
their absurd and childish psychodrama which we have all
been locked into. When I met senior officials and MPs in
Berlin recently, they asked me one of those psychological
questions: “Why are they being so childish?”. I was unable
to reply so I said that I would refer the question to
Ministers here and ask them. I did so, but I never got an
answer from the then Lords Minister about it.
In the Financial Times on 18 July, the writer Gideon
Rachman put into chilling context that when people say that
the vote which occurred on 23 June must be followed they
mean,
“the Leavers’ view of democracy is similar to that of a
third-world dictator—‘one man, one vote, one time’”.
Thus it can never be revisited. That of course was not the
case in the 1975 referendum, which was reversed by the
second in 2016. There is now less than a 50/50 chance of a
comprehensive agreement being reached by March 2019. My
noble friend Lord Kerr wrote on 26 January this year that,
“The UK might withdraw its Article 50 notice, as it legally
could”. Meanwhile the rest of the EU is paying close
attention to the neurotic antics here which shame the
reputation of UK politics. All the 27 sovereign member
states, who incidentally are proud of the links between
their own national sovereignty and the collective
sovereignty afforded by EU membership, see more and more
people here beginning to back away from the Brexit disaster
movie, filmed in black and white.
If anti-Brexit is thwarting the will of the people, by 2019
some 2 million people from the Brexit electorate will have
passed away and have been replaced by a similar number of
voters aged 18-plus, on top of the 1 million extra young
voters in the election held in June this year. Hence we
conclude that staying in the single market and the customs
union is a legitimate compromise. The Opposition should
repeat this all the time and I do hope that the noble Lord,
Lord Foulkes, and others will persuade to sound a little more
enthusiastic about matters European, not only to please
members of the but others in this
country, and indeed many trade union members who are
increasingly keen on Europe.
The inexorably looming and increasingly obvious solution is
to study the sage words of one of our most brilliant
authors, Ian McEwan. Early in June this year he said,
“I am a denialist. Almost a year on, I am still shaking my
head in disbelief. I know it’s not helpful, but I don’t
accept this near mystical, emotionally charged decision”.
That view will be echoed by others as we see what happens
from now on. I wait with interest to hear the response of
the Minister.
2.13 pm
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(Con)
My Lords, I thank the noble Lord for initiating this
debate. I do not think that any of his speech touched on
the subject of the debate, which is about information being
given to the House. What we are facing, of course, are very
different traditions in Brussels and London. When I held
office in the European Parliament, I had a good system for
getting documents read: stamp “Confidential” on the top of
them and they would be read by every office in the European
Parliament within a day.
We have to look at the dissemination of information because
this is incredibly complex. I want to stick to the subject
of the debate. I do not think that there is any central
body in Britain that is actually running what I would
called a Brexit website. There are such things in Brussels;
in fact, Brussels is overflowing with information. Every
day I get two briefings from an excellent outfit called
Politico, which tells you everything that is going on. It
is thorough. It tells you every bit of news that you need
to know, including the fact that today is the birthday of
the noble Baroness, Lady Hayter, which I got from that
website. Also, at midday I got a thing about Barnier’s
statement on Ireland. In other words, the information flow
is better co-ordinated, and the Government need to look at
how they can co-ordinate ours better.
The Government need to have a contact system for the Lords.
When the Minister was at the FCO, she had regular meetings
of interested groups. I am always reluctant to put forward
solutions that work elsewhere, because generally in this
place the reaction is, “British democracy is best and
Brussels is rubbish”. I will just mention that the system
being used in Brussels, which is working very well, is that
the Parliament has a rapporteur—that is aside from M
Barnier: it has Guy Verhofstadt. He has what is called a
contact group. Every week he meets with a group of
parliamentarians representing virtually all of Parliament,
although, demonstrating the skill for which it is famous,
the Conservative group has managed not to be a member of
that particular group—the only group in Parliament that has
achieved this. There are two Labour members on it,
incidentally. The group meets and Verhofstadt brings it up
to date.
The purpose of the contact group, because there are 750
MEPs, is for them to then go away to their political groups
and committees and brief them. It is a two-stage process
and it happens every week. The second stage is open to
anyone who wants to follow what is going on. I would like
the Minister to look at that, because making Statements to
the House, where you get the usual people jumping up and
down with no order and no organisation, is not going to do
what we want. We need a structured briefing system for this
House. In other words, we need the Minister to look at the
system she had when she was a Minister in the FCO, and
adapt it to make it work in this way.
My final point is that there is a tendency to rubbish the
European Parliament. We should not fall for that. It is
following these negotiations very carefully. Ultimately, it
has a veto. If it feels that it is not even being
considered or taken seriously, it is not going to be as
friendly as it might be if it felt that we were fully
engaging with it. I have never heard the Minister
associated with this negativity, so this is not a
criticism, but I ask her to tell her friends in Government
to pay proper respect to the elected European Parliament,
which contains elected representatives of this country,
who, frankly, the Government need to keep on side.
2.18 pm
-
(Lab)
My Lords, as day follows day, I get increasingly astonished
that people who I know to be intelligent, grown-up
politicians accept the result and narrow majority in an
advisory referendum on a flawed franchise, with lies and
disinformation on the leave side, as an instruction to
Parliament and the Government in a parliamentary democracy.
They get up and say it on the radio and on television. Do
they really believe it? Are they really serious or are they
just part of this “Brexit means Brexit” determination,
because it is good from a party-political point of view?
Even some people on my own side are saying it, which is
even more disappointing.
Looking at what is ahead of us, the withdrawal Bill is
starting in the House of Commons only today—it has another
day next week—and it is the first Bill we are going to
consider. Perhaps in her reply, the Minister can tell us
how many other Bills there are going to be. We are told
there will be a number of them. Forget about the statutory
instruments in the meantime; how many other Bills are we
going to consider, all of which we have to get done well
before 29 March 2019?
I asked the House of Lords Library to look at how many
sittings we had when we passed the Single European Act and
Maastricht. I remember it well, as does the noble Lord,
. I was in the House
of Commons at the time and on the Opposition Front Bench,
opposing it. We had 11 sittings on the Single European Act,
six of which went well beyond the time of the House, and on
Maastricht we had 41 sittings, 18 of which went well beyond
that. I understand that they have not even decided yet in
the House of Commons whether to have a timetable Motion,
but to think that the Government are going to get the first
Bill through by—when is it supposed to be?—early 2018 is
really astonishing. Perhaps the Minister can tell us from
her wisdom how she thinks that is to be done. I really find
it astonishing that we are to face this plethora of
legislation and information in such a short time.
I also find deeply disappointing the way in which the House
of Lords, and the European Union Select Committee in
particular, is being treated. On the day I read that my
noble friend Lord Jay had expressed concern that could not come to report
to the European Union Select Committee, that same was appearing at the
Edinburgh Festival Fringe in a comedy show with . I am told that when my
noble friend raised it in the House earlier today, she did
not get a reply. Perhaps the Minister can give us an
indication as to why the Edinburgh Festival Fringe is more
important to the Secretary of State than the European Union
Select Committee, given what he is paid, and supposed, to
do.
I see that we have a huge task ahead of us. It will be very
difficult, even with the kind of suggestion made by the
noble Lord, . It really is
clutching at straws to think that any such structure can
deal with the plethora—the huge volume or flood—of
legislation and other matters that we have to consider.
There is no way that it will be considered by Parliament,
by the European Parliament, by parliaments overseas and
finally, in what we are told will be a meaningful vote, by
both Houses of this Parliament. That is my only hope.
Unlike the noble Lord, , I thought that the
speech of the noble Lord, , was excellent. It
was right on the subject. At the end of this process, if we
even achieve getting there—I hope that we do not—we may
have a meaningful vote. I hope that that vote will give the
British people, and I am right behind the Liberal Democrats
on this, the opportunity to consider whether they want the
deal that comes out of this—if there is one, which I doubt
there will be—or whether they would prefer, as I would, to
stay and get the benefits of the European Union.
2.23 pm
-
(LD)
My Lords, it is a pleasure to follow the noble Lord, Lord
Foulkes, particularly with that endorsement of the Liberal
Democrats, which I have never heard him make previously. I
probably never will again.
There is a mixture of former MPs and MEPs here, as the
noble Lord, , said. When I first
became a Member of the European Parliament, some time ago
now, I was wet behind the ears as a parliamentarian. I
remember an instance of the plenary session, which I think
was in Brussels, when a commissioner failed to turn up at
the beginning of a debate which he had been called to. My
Dutch colleague said, “This is utterly outrageous”. He said
that in the lower chamber of Parliament in Holland, if ever
a Minister did not arrive in time for a debate, it would
effectively be a matter of resignation because of the
predominance of parliament. In the European Parliament, I
never came across that happening again because of the
respect that there was for the Parliament and the
parliamentary process. Since I have been privileged to be a
Member of this House, for 11 years, I have not found that
to be the case in Westminster generally. In my four
minutes, some of my criticism will be as much of Parliament
as of the Government during this process.
The Government have form on listening to Parliament. I
still cannot understand why they decided to fight the
Article 50 issue through the courts to the Supreme Court.
It wasted time. It was obvious that Parliament was not
going to stand in the way of Article 50—partly because of
where the stood at the time—and
it made it look as if the Government were trying to take
back control from the British Parliament, when the
referendum was about so much else. That court case should
not have been necessary because Parliament, particularly
the House of Commons, should have insisted. It could have
voted to resolve that issue but decided not to. That is a
weakness in our parliamentary system.
As a member of the EU Committee, I particularly want to
raise—I expect that the noble Lord, Lord Jay, will as
well—the fact that it was our duty as parliamentarians and
as members of the committee, having been appointed by the
whole House, to bring the Government to account. That was
one of our core roles. Because of that, the committee
decided that it would come back during August to hear about
the latest round of negotiations from the Secretary of
State. I was astounded by the letter that came back from
him telling us why he was not doing that. One reason that
he gave was because of the parliamentary recess. Yet
Parliament—this House, that committee that had been given
that responsibility—was willing and eager to come back to
keep that dialogue going. The Government are not in recess
during August. Ministers do not give up their duties and go
on holiday. The process of government does not stop. Yes,
Parliament does, but we were prepared to come back and the
Government decided not to.
The arrangements that we have in this House and in the
Commons are not good enough for what we need for this great
change to the constitution of this country. I have said
this in EU Committee sittings when the Secretary of State
has been there: the more that Government involve
Parliament, the more credibility they will have and, I
suspect, the more wisdom they will have in their
negotiation as they find their way to the end of this
process. By keeping things to themselves, by not
consulting, by getting into groupthink, the outcome for
them, as well as the country, will be far from good.
2.28 pm
-
(CB)
My Lords, I am grateful to the noble Lord, , for initiating this
debate and for introducing it so robustly. I am also
grateful to the Government for arranging a debate on the
implications of Brexit for Ireland, north and south,
earlier this week and for scheduling the debate next week
on the EU position papers.
As acting chair of your Lordships’ EU Committee, I will
speak today about accountability on Brexit to committees of
the House. The points that I shall make reflect a letter
that I sent yesterday on behalf of the EU Committee to
, with a copy to the
Minister. Parliamentary committees, including the EU
Committee, are an essential part of parliamentary scrutiny.
They meet regularly, they work across party lines, they
have experienced support and they build up substantial
knowledge of and expertise on their subject matter.
Certainly in the Lords, they certainly look at things
objectively. If Parliament is to scrutinise effectively
something as complex and important as the Brexit
negotiations—as it must—committee engagement is essential.
As the noble Lord, , said, the EU Committee
has found the Secretary of State’s response to its requests
for reports back after each round of the negotiations to be
disappointing and unlikely to lead, if I may say so, to the
deep and special relationship that we all want to establish
with him. He has offered to appear quarterly, which is
helpful as far as it goes, but the negotiations are
fast-moving and regular reports back really are needed. We
understand that the Secretary of State has a heavily
charged schedule—in Edinburgh and elsewhere—and may not be
able to attend as often as the committee would like, but
the committee finds it hard to understand his apparent
reluctance to allow his Ministers to appear before it. From
my own experience, that would surely be the natural thing
to do. That is why I wrote to Mr Davis yesterday, on behalf
of the committee, welcoming his commitment to appear before
us at least quarterly and formally inviting the noble
Baroness, Lady Anelay—for whom we all have very great
respect—to appear before us after the intervening
negotiating rounds. I hope that she will be able to respond
positively to the committee’s invitation in her reply to
today’s debate.
The Brexit negotiations are the most important and complex
negotiations that any British Government have carried out
since the Second World War. Proper parliamentary
accountability for and scrutiny of them is an essential
part of our constitutional arrangements—even if unwritten.
It really does matter.
2.30 pm
-
(Con)
My Lords, I, too, thank the noble Lord, , for asking the
Question and I also thank my noble friend the Minister for
being here in person to answer. It is typical of her, in
fact, and we should not be surprised at that. From her
previous roles, we have come to know her willingness to
listen to our concerns. Some Members may think that the
Question asked is irrelevant in the light of the Secretary
of State for Brexit’s letter to Members of 9 August
promising a Statement after each stage of the negotiations.
However, the Question really is wider than post-event
Statements. Many of us were concerned that so many position
papers were issued when Parliament was not sitting. While
the granting of a debate upon those papers is welcome, I
suspect it will be just that: a debate. What we should have
is the opportunity to question the relevant Ministers on
the detail of each paper—proper parliamentary scrutiny. I
therefore put to my noble friend that, before further
papers are issued, consideration should be given to having
a procedure similar to that which takes place after the
making of an Oral Statement, when Ministers can be
questioned on that particular topic and that topic alone.
We were told that negotiations would be prejudiced if the
Government were put in the position of disclosing its hand.
But we have position papers from both sides, press
conferences, statements from Cabinet Ministers—to say
nothing of leaks—and pending legislation on immigration,
fishing and other subjects, setting out what we are going
to do immediately post our leaving. How does that not
disclose our hand? What is there left to negotiate if we
have already published to the world where we are going? My
noble friend has told us about the
European Parliament arrangements and I think we could all
be rather jealous of those. It seems to me, with the
greatest respect, that our Parliament is reduced to the
status of a spectator—a noisy one perhaps, but a spectator
nevertheless.
The position papers have only increased the need for more
parliamentary scrutiny. The papers themselves reveal
little, except that we want most, if not all, of what we
already have as members of the European Union, save that we
just do not want to be members. They are short on how we
will achieve this desirable state. We are told by Ministers
that imaginative solutions are needed from the European
Union. Where is our imagination taking us, I wonder.
The scene is changing, I suggest, if for no other reason
than the papers have exposed to the public gaze issues that
had no or little serious discussion in the disastrous
referendum campaign. I refer not only to the less than
frank claims by the leave campaign but to the misjudged
campaign to remain. We have seen this over the UK-Irish
border—when is a border not a border—a virtual border? The
rights of EU citizens have become wrapped up in the
ideologues’ loathing of the European Court of Justice;
likewise, membership of the single market, the customs
union and who knows what else—never mind trying to have
your cake and eat it. There must be an increasing number of
reasonable people who were on the side of leave, as well as
those of us who were on the side of remain, who are
beginning to wonder if this game we were induced into
playing is really worth the candle.
All this leads me to the conclusion that Parliament, and
the House of Commons in particular as the elected
representatives of the people, must be given the
opportunity of a meaningful vote at the end of the process,
if not, on some key issues, before the end. The choice
cannot be just that this is the cake we have baked and we
must eat it—half-baked or soggy it may be—or do without any
cake at all.
2.35 pm
-
(LD)
My Lords, like other Members, I thank the noble Lord,
, for tabling this
Question for Short Debate and for opening it in such a
lively and engaging way. It may have been slightly more
hyperbolic and with rather more adjectives than some
Members would use, but there was a very clear sense of the
passion with which he wanted to make his case.
It is commonplace to say that this is a timely debate. In
some ways this week feels the least timely time to have
this debate, because after months of famine, when we have
had no reporting and there has been no opportunity to
scrutinise, we have had a Statement from the Secretary of
State finally reporting back on rounds two and three of the
negotiations—kindly repeated by the noble Baroness, Lady
Anelay—and a whole set of position papers. All of a sudden
there seems to be a little bit of activity and a debate
next week on the position papers. But then we have another
recess and finally only in October do we begin to get down
to the serious business of scrutinising what is going on.
The referendum was in June last year; it will be more than
15 months since the referendum before Parliament can
properly scrutinise what the Government are doing. It will
be more than six months since the Prime Minister triggered
Article 50. She then held an unnecessary general election.
When the election was called, I asked the then Minister of
State, the noble Lord, , what the
Government had done to work out how much time had been lost
for parliamentary engagement on Brexit thanks to the
election. Needless to say, there was no answer. I suspect
that the Prime Minister had not been thinking about that
when she triggered the election.
Come October it will be six months since the other place
has had any Select Committees. In July the nominated members for
various committees. The Conservative Party voted only this
week. As of last night, the Brexit committee still had not
had its membership confirmed. Six months after the
triggering of Article 50 there has been no opportunity for
the House of Commons to do any proper scrutiny work in
committee. Even if the Secretary of State did not have
other activities in Edinburgh—perhaps he was going to see
at the same time;
maybe he was doing his duty and talking to the devolved
Administrations—a key role in Parliament, as the noble
Lord, Lord Jay, pointed out, is that of committees.
Clearly, your Lordships’ House’s EU Select Committee is
crucial, but the Commons committees matter as well. They
had all begun to work on particular reports before the
election; all that work is gone.
The Secretary of State has said he wants to report back as
soon as possible after the negotiations have happened and
yet, so far, he has reported back only once, despite the
options to come during the Recess, as we have heard from my
noble friend and the noble Lord,
. The
Government have suggested that they wanted to update
Parliament and there will be ample opportunity for both
Houses to debate the key issues arising from Brexit.
The White Paper also said Parliament has a “critical role”
to play in the process of leaving the European Union. At
times it feels that Her Majesty’s Government, and in
particular the Prime Minister, do not believe that
Parliament should have a critical role at all—critical
either in being important or ever challenging anything the
Government say. The role of scrutiny, and of Parliament, is
surely to hold the Government to account, to ask questions
and to raise issues, in order that we can make the right
decisions and help the Government make the right decision.
Whatever one thinks about the result of last year’s
referendum, it is surely part of giving control back to
Parliament that Parliament scrutinises the Government. The
idea that, somehow, anybody challenging the Government and
wanting to amend legislation is going against the will of
the people is surely a fundamental misunderstanding of
democracy.
2.40 pm
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of Kentish Town
(Lab)
My Lords, we heard from my noble friend Lady Smith of
Basildon and indeed from the noble Lord, , and other noble
Lords, in Questions this morning and here this afternoon,
of dissatisfaction with the Government’s record of
reporting back on negotiations. In that light, our Motion
on Tuesday will call on the Government to lay before
Parliament a Statement of the strategy and principles which
underpin the negotiations on withdrawal, transition and
future relationships, accompanied by a plan for the full
involvement of the devolved Administrations, together with
consultation on consumer, employer and trade union
organisations.
It must be clear to everyone who reads the papers that
Parliament, business and wider society do not feel they are
being listened to. We saw the CBI’s statement this week and
the London Chamber of Commerce warning that,
“business confidence has been hugely impacted by
uncertainty”.
The telecoms industry is dismayed at being classified as a
“low priority” for the negotiations. Those sorts of
concerns from outside Parliament are legitimate for us to
raise with the Government. Beyond us, there is almost anger
from the Welsh Government for their exclusion. There is an
absence of any forum for consumer representatives to voice
their concerns. All of this points, as the noble Baroness
has just said, to a Government who seem unwilling to level
with the very people whose futures depend on the specifics
of the outcome of the talks.
Indeed, as well as wanting engagement with consumer bodies,
the Chartered Trading Standards Institute is concerned that
the Government’s hierarchy of priorities may fail to pick
up detailed areas where maintaining legislative
arrangements in day one of Brexit will not deal with the
co-operation between agencies and across networks that
currently keeps consumers safe and treated fairly. To raise
those sorts of questions is not to question the outcome of
the referendum; it is to challenge how the Government are
proposing to move us out of the European Union. So it is
time for the Government’s “no questions please” approach to
stop. Indeed, if I could make one recommendation to the
Minister it would be to listen to her noble friend
, because some of his
proposals for that dialogue would benefit the whole House.
I also feel that the Government have to stop giving more
information to the press than they seem willing to give to
us. The leak of the immigration paper may simply be a leak.
Harold Wilson said, “You leak, I brief”; it may have been a
briefing rather than a leak. Aside from that, we heard from
Sky News and the Guardian that Cabinet Ministers, speaking
directly to them, seem to accept that the EU will not be
able to say in October that sufficient progress has been
made in phase one to open talks on the substantive issue of
Britain’s future relationship. That may not even happen
until Christmas. If that is the case, why not tell
Parliament, rather than Sky News and the Guardian, and
spell out what this means for a transitional period, as
well as for the final agreement, rather than pretend that
all is going swimmingly well, in the wonderful definition
of optimism?
My plea, to add to that of the noble Lord, , for regular
reporting to Parliament, is for meaningful reporting to
Parliament. There will be the meaningful vote at the end,
though just as I think the noble Lord, , said—sorry it may
have been the noble Lord, —if you treat the
European Parliament correctly, then it is more likely that
it will respect what goes to it. That goes for our
Parliament too. We need to be treated with respect so that
our meaningful vote at the end is based on the results of
good dialogue.
2.44 pm
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The Minister of State, Department for Exiting the European
Union (Baroness Anelay of St Johns) (Con)
My Lords, I add my congratulations to the noble Lord,
, for securing this
debate. His exposition of the last year and why he regrets
the decision of the British people dominated his speech, but
that shows his passion. We understand that. What I want to
do, as my respect to Parliament, is to base most of my
remarks on the core issue of the Question on the Order Paper.
But I will, in doing so, seek to cover many of the issues
rightly raised today.
One of those, of course, was from the noble Lord, Lord
Foulkes, who joined in the reminiscing of what might have
been if there had not been the result in the referendum. He
asked a question specifically about legislation. The Queen’s
Speech gave an outline of that. Since then, we have been
giving greater detail about which Bills are published, and
they are now beginning to be debated not only in the House of
Commons, but in this House. I waited for 13 years in
Opposition for the Labour Government to tell us what Bills
were about to come: answer came there none. We have given
more of an answer about how these Bills will develop. It is
important—the noble Lord was not asking an improper
question—because as we set out White Papers, as we have said
we shall, on immigration and trade, those will be a core part
of the discussion in this Parliament about how we proceed
after we have left the European Union.
Therefore, Parliament will have a scrutiny role and there
will be, I am sure, from my colleagues across departments
opportunities to participate in meetings, as I shall do, not
only when the withdrawal Bill reaches the House, but in
advance. For example, next Tuesday I am having a drop-in
meeting for all Peers, not only to hear a brief introduction
from me about the Bill, but to be able to hear directly from
the Bill team. I felt it was essential for this House to hear
shortly after the finalisation of Second Reading on Monday
evening. That is really core to the way I like to operate and
I shall continue to do so. I shall return to some of those
very helpful comments made by my noble friend later.
We have heard today the lively, informed, rightful interest
in this House on the progress of the negotiations. We are
reminded by many that the clock is ticking. It ticks for both
sides. As it goes faster, it is faster for both sides. It is
important for the European Union also to recognise that they
need to be more “flexible and imaginative”. Those are words
from the European Council, not made up by us. is simply reminding our
colleagues across Europe what our joint enterprise is. We
have always undertaken that we would wish to provide for the
greatest possible transparency that is consistent with
maintaining our ability to negotiate successfully. In that,
we are guided by the Motion that was agreed by the House of
Commons that the process should be undertaken in a way that
does not undermine the negotiating position of the
Government, but there is still much that we can do. We are
doing that and we can learn from the debate today, and
others, about how we can do more.
In looking at the issues today, I try to set out what we have
done so far to report to Parliament, our plans to continue to
update Parliament in the wake of future negotiating rounds,
including, of course, our support for invaluable scrutiny by
Select Committees. and our written publications. In reporting
to Parliament, my right honourable friend the Secretary of
State for Exiting the European Union has committed to update
the House after each round of negotiations. Naturally, I will
do so in this House, with the leave of the House, as I did
earlier this week. Of course, as noble Lords have pointed
out, the dates of the negotiation rounds do not always align
well with parliamentary sittings. That is a matter for the
House to determine but it is a matter of practical fact and I
recognise the difficulties it can raise. Of course, it will
occur again as the September round takes place, but we have
sought to ensure that Parliament was kept properly informed
over the summer. That is why the Secretary of State wrote to
all colleagues to give details on the progress made during
the second round of negotiations. Noble Lords can be assured
that they will have an opportunity to scrutinise the
Government on the next round of negotiations when we return
in October.
Of course, Statements to Parliament are a powerful method of
reporting. I appreciate that they are not the only method,
although I note in parenthesis, thinking back to the question
asked this morning by the noble Lord, , that when we had the
Statement on Tuesday, I was astonished that Back-Bench time
was not taken up. There was time at least for two, if not
three, further questions at the end. That was a little
disappointing.
In the European Parliament the position is different. Of
course, there is a constitutional relationship with the
Commission; it is a unicameral Parliament. As a result, it
has a different way of operating. Therefore, when Monsieur
Barnier appears before the European Parliament, as he has
just twice, he takes no questions. He appears, speaks and
goes. Guy Verhofstadt has been nominated the Brexit
co-ordinator there. He does report back and has a role in
that respect. It is a different hub: Barnier and Verhofstadt.
There is the Brexit steering group, which is more or less a
self-appointed group and does not represent all the parties
there. That is the group to which Monsieur Barnier goes and
has some discussions with on a confidential basis and
therefore nobody knows what goes on.
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Everybody knows what’s going on.
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I have to say, I listened with belief to what my noble friend
said on that. I am glad that he said it, not me. We are going
to maintain our undertaking to serve Parliament as well as we
humanly can.
My noble friend made a point about the
problem with information. Everyone wants it but there is a
huge amount of it and how do we get it, particularly in the
recesses? I do have an answer. My own department arranges
that there is information on its website. It is the go-to
place for everything that we do on Brexit. I do not want to
put my noble friend off but at GOV.UK/dexeu there are 133
announcements, seven position papers, five future partnership
papers and two White Papers. Of course, the European
Commission site updates its papers.
The advantage of our website is that after each negotiating
round we update the papers. As I mentioned on the Floor of
the House this week with regard to the citizenship paper, it
means that the joint EU-UK position paper—the annexe that has
been published, which shows the red/amber/green
system—actually shows how that has been advanced at the
latest negotiating stage, not only the further agreement that
has been reached but where each of the negotiating groups has
agreed that it needs to do more. It is not just us, it is the
Commission as well, but we are more forward-leaning. For
example, on citizens, after the August round a further 20
lines of detail were added. More than half of those are where
we are making more of an offer than the European Commission
is.
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We all accept on this side—and, I think, on all sides—that
the people who can best deal with the detail are those on the
European Union Select Committee. They have all the
background, they are working on it week in, week out. The
Minister has still not explained why refused to appear before
our Select Committee when we offered to meet—as we know,
Select Committees can meet even when Parliament is not
sitting. Why did he refuse to meet us?
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My next page turns to Select Committee appearances. The key
to explaining the Secretary of State’s position is in the
letter he wrote on 9 August to the noble Lord, Lord Jay. I am
delighted he has been able to participate here. I want to
address his very careful points in a moment, but first I will
refer briefly to the noble Lord, Lord Foulkes, because I do
not want to run out of time and the intervention of the noble
Lord, Lord Jay, was crucial.
In that letter from 9 August, my right honourable friend said
that,
“I want to emphasise that I fully recognise the critical role
the Committee plays in scrutinising our withdrawal from the
European Union. It is for that reason I am clear that, as the
Secretary of State who represents the UK in Brussels, I
should personally update the Committee on the progress of
negotiations.”
He goes on to talk about how. At the meeting of the committee
in July, he made it clear that he would consider how best he
could do that and balance that duty against the range of
other committees. I would say, very carefully of course, that
since my department was created, just 15 months ago,
Ministers from my department have given evidence to Select
Committees, covering a range of EU exit-related inquiries, on
no less than 16 occasions. We will not step back.
I address the noble Lord, Lord Jay, because I feel it is
vital to do so in my last two minutes. I thank him for the
letter he wrote to the Secretary of State, which he kindly
copied to me. I have made it clear that my department and I
fully support the work of committees in both Houses in
fulfilling their scrutiny responsibilities and that we will
continue to value the work of the noble Lord’s committee as
it conducts its Brexit-related inquiries.
The Secretary of State has given his commitments to update us
after each round and will do so with a Statement, as he said.
It is no small commitment to update the House after each
negotiation round and, no less importantly, to take questions
from Members. I want to give all Members of the House the
opportunity to scrutinise progress in the negotiations and
the Secretary of State has made it clear that he is happy to
give evidence to the committee in the autumn.
I am sure the noble Lord, Lord Jay, will appreciate that the
complexity of the negotiations—he was head of the Foreign
Office so knows about the difficulties of the issue—demands a
level of flexibility to ensure that they are conducted
successfully, and that rigid committee appearances at fixed
intervals may run counter to that. I appreciate there has
been some joshing about what my right honourable friend may
or may not do. What he does do is properly respect Parliament
and scrutiny. I look forward to seeing the noble Lord, Lord
Jay, later today when I am sure I will have the opportunity
to explain in more detail why the Government are taking that
approach.
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Before the noble Baroness finishes that part of her speech,
can she confirm that she will be prepared to accept the
invitation of the Select Committee to come before it for
meetings when the Secretary of State is otherwise engaged?
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Although I am out of time, I crave the indulgence of the
Committee. I would like to discuss the matter further. I have
set out the Government’s position and, because of the
interventions from noble Lords, I have not been able to cover
the issue of papers. I hope that I have at least given the
way in which noble Lords can access those papers and that
information. It is disappointing not to be able to conclude
in a fuller way but I can certainly say that we will have
plenty of further opportunities to discuss these matters.
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