26 Baroness Fox of Buckley debates involving the Cabinet Office

Thu 25th Feb 2021
Ministerial and other Maternity Allowances Bill
Lords Chamber

Committee stage:Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords & Committee stage
Mon 22nd Feb 2021
Ministerial and other Maternity Allowances Bill
Lords Chamber

2nd reading (Hansard) & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 2nd reading

Government: Leadership Training

Baroness Fox of Buckley Excerpts
Thursday 16th September 2021

(4 years, 10 months ago)

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Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
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My Lords, I have never been a Minister, MP or civil servant, so the noble Lord, Lord Norton, will have to forgive me if I make my remarks as an erstwhile civilian. But I have worked in education and am familiar with the training world. I am afraid that, when I hear the words “advocacy of training” and “leadership skills”, my heart sinks. My dread is that it treats leadership as a technical matter, reduces virtues to techniques and can rip the heart out of what it means to lead. To be honest, if ever there was an example of our soulless technocratic era, it is the proliferation of leadership skills courses over recent years, comparable only to the ever-growing number of organisations that pay consultants to write their mission statements—always to me a worrying sign of an institution’s lack of mission.

Of course, I am all for reform, effective government and professionalising Whitehall. I want new Ministers and staff to be able to upgrade their technical skills, and to understand procedure and how to improve drafting legislation and so on. Any measures that make government more accountable and less opaque and arcane are admirable, but I query whether leadership skills training is the remedy, and worry it might turn leadership into performative competence with too little regard for content.

In introducing this debate, the noble Lord, Lord Norton of Louth, talked of the need for Ministers to have the skills to sign up their teams to their vision. My worry is that they do not have a vision, not that they are not trained in how to share it. It reminds me of Debating Matters, a national debating competition for 16 to 18 year-olds that I set up over 15 years ago but is now a charity in its own right. It reminds me of that because its slogan is “substance over style”, and it was set up as an explicit antidote to traditional schools’ debating, which tends to emphasise clever rhetorical tricks and devices, even employing voice coaches and drama techniques. Pupils’ speeches can be stylistically elegant but, while beautifully delivered, can often be banal cliches; some of the Debating Matters pupils might have stuttered and stammered their way through their speeches, but they were content rich. Leadership requires us to give due regard to content.

This morning, I turned on Sky News to see a representative from Rights for Residents, who was eloquently and forcefully explaining the petition that she and others were handing into No. 10 today, in support of residents and their relatives in care homes, who have been denied visiting rights. The Rights for Residents campaign did not exist before this pandemic, but the awful, cruel treatment of residents forced it to exist. It is led—that is my point—by a group of brilliant women who had no experience of public life before this and who have never been on a media training course. They took a lead because it mattered, and they showed courage, integrity and principles. I sometimes think we do not talk about that enough when we talk about leadership skills.

I also feel anxious when I hear proposals about the creation of a physical campus—a school of public service—which we have heard about. This school would apparently be

“a world leading … executive training programme, equivalent to the leading business school offers”,

in which aspiring civil servants, public sector leaders and politicians would be trained together, based on a redefined set of leadership requirements. I immediately thought about the destructive impact that MBAs and managerialism have had on public life. I am sorry, but I do not think this is the solution: think of all the damage that has been done to our language by the gobbledegook and acronyms of managerialism, the performance management frameworks and so on. Then I noticed that a priority for this new school will be to lead high-quality research to develop better understanding of the relationship between leadership, well-being and productivity. I appeal to people not to waste money on that research, because it should be obvious that there is a connection between those things. If you need to be taught that, what kind of a leader are you?

I am also worried that setting up this kind of campus might end up aping other aspects of campus culture. Think of the debacle of the Valuing Everyone training. It was supposed to make us better leaders, but it was condescending and, if anything, did not make us value others and led to the cancelling of several of our Peers for not doing it, because of the rubric and rules. Then there are the endless stories of civil servants being forced to ape the worst of the divisive aspects of student identity politics, when they are sent on training courses on unconscious bias—which is, by the way, pseudoscience—and how to champion diversity, as defined by organisations such as Stonewall.

I make this point because, rather than just saying that what we need to do is to train Ministers and civil servants, we need sufficiently to scrutinise what that training consists of, because it can actually be dangerous. I was struck by the description of the problems at the heart of government given by the noble Baroness, Lady Taylor. I agree with her and the shocking examples that she gave of the contempt shown to parliamentary accountability of late and the broader disdain for democracy shown across both Houses for popular sovereignty in relation to the Brexit vote—not because they did not know what the mandate was but in defiance of our electors.

That seems to me not something you can train people out of. It is not a skills deficit, but a democratic political deficit. That should be our focus, and we should not get distracted by all going off on training courses.

Covid-19 (Public Services Committee Report)

Baroness Fox of Buckley Excerpts
Thursday 22nd July 2021

(5 years ago)

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Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
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My Lords, since coming here 10 months ago, I have read a lot of legislation and reports and to be honest, it has all been a bit of a chore. However, this report sparkled. I know it has had lots of plaudits, but I commend the noble Baroness, Lady Armstrong of Hill Top, and all the members of the Public Services Committee for an accessible, informative and thought-provoking document. There is lots in it I disagree with, but it was just so useful—and unusual for these toxic times, in that it was free from rancour and “gotchas”. As it says itself, it is not about apportioning blame for past failures, but making constructive suggestions for future reforms—a great relief.

One caveat: in general, I am wary of any sphere allowing the normal of the pandemic to automatically become a new normal by default. The call in the report is to lock in innovations, but that makes me nervous. Yes, it is very useful to kickstart debate, but not to institutionalise as a rigid fait accompli. For example, we all know that digital technology may have facilitated everything from working from home to digital health consultations. But as the report itself points out, Zoom teams and the like could never, and should never, replace face-to-face services. I note with concern that too many GPs and, for example, university lecturers and senior managers, seem reluctant to resume real-life interaction, at the expense of service users.

One striking feature of the report that I would like to make explicit is the cost of treating the NHS as almost a sacred cow public service. It is understandable to celebrate and almost sacralise the health service in a health pandemic, but this can be at the expense of other services. Testimony in the report noted that support for the NHS, especially during the initial part of the pandemic, might have been necessary but should not have come at the expense of preventive and public health services. I agree.

The Nuffield Trust is quoted as noting how the Covid crisis highlights the startling inequality between health and social care services. Many of us felt uncomfortable that that initial “clap for the NHS” neglected care workers. Even today, all the focus is on the pay rise for the heroic NHS staff, whereas social care is plagued with poor wages and awful employment conditions; and now we have even singled out social care workers as the only workforce facing mandated vaccines or the sack.

So, it is important that the report highlights that, long before Covid, successive Governments prioritised funding the NHS—especially acute services—and neglected funding social care. The Nuffield Trust notes that the NHS received generous emergency funding from the Treasury in the early stages of the pandemic, which then enabled a dramatic expansion of capacity. Care providers, in contrast, said that extra funding did not reach them. Also, and related, the deputy director of the New Local Government Network contrasted the experience of local government with the NHS. The NHS had its costs met in full and deficits written off unquestioningly, but that was a privilege not afforded to councils or other public services. I do wonder about this hierarchy of priorities.

The consequences go beyond material funding. As ADASS points out, the historical tendency to prioritise the NHS has influenced policy decisions, sometimes with tragic consequences. In the name of saving the NHS, rather than the NHS saving lives or the public, we now face the collateral damage of non-Covid deaths from cancer and heart disease and huge waiting lists for many in dire need of medical interventions, with the terrible news of an increase of 50% of under-20s hospitalised with eating disorders. In a different debate earlier today, we also heard about the use of “do not resuscitate” in hospitals. We cannot ignore these things.

But perhaps the greatest horror associated with the focus on the mantra of protecting the NHS was the scandal of patients being discharged from hospital into care homes without testing—what the Nuffield Trust called, as quoted in the report, a

“rapid clearing of hospital beds in the early stages”,

regardless of the

“lack of preparedness of the care settings”.

The most vulnerable died as a consequence and, at the very least, it is important that we be able to query NHS policies without being shut down as somehow disloyal to NHS staff who, I agree, have been and are heroic and hard workers—but so are other workers. I do not think that you should be called a traitor to the institution if you query it.

Another striking aspect I read from the report is the wasted potential of civil society in helping deal with the pandemic. On a positive note, of course, the report gives lots of examples of innovation happening because bureaucracy was swept away. In fact, sometimes to tear up the red tape is caricatured as a laissez-faire, careless approach, but the removal of overly bureaucratic hurdles allowed public services to work alongside charities and community groups and volunteers, and the private sector stepped up. Altogether, this played a huge role in delivering services.

The surge of civic action, such as the 4,000 Covid-19 mutual aid groups and the local WhatsApp and Facebook groups I am sure we were all in as volunteers, showed a real appetite for providing practical solidarity in the emergency from so many people. We saw the generosity of 750,000 people signing up in four days when NHS England’s Royal Voluntary Service was launched in April 2020, but sadly that was wasted. The Institute for Volunteering’s research rightly notes in the report that overcentralised co-ordination was not aligned to locally organised activities, significant time was taken to respond, enthusiasm dwindled and people became demoralised. I think it was just so sad when volunteers could have helped, for example, relieve the pressure on social care workers, or indeed NHS workers.

In general, the official approach to Covid was to demobilise the public—to squash initiative and volunteerism. The report notes how the German public health service, in contrast, mobilised and seconded public servants from across departments: forestry, museums—

Viscount Younger of Leckie Portrait Viscount Younger of Leckie (Con)
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I am sorry to interrupt the noble Baroness—

Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
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Sorry, have I gone on?

Viscount Younger of Leckie Portrait Viscount Younger of Leckie (Con)
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I am afraid that her time is up.

Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
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I am sorry. I hope that we can mobilise the public in the future. I thank the committee for the report, and I apologise to the House.

Ministerial and other Maternity Allowances Bill

Baroness Fox of Buckley Excerpts
Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Thursday 25th February 2021

(5 years, 5 months ago)

Lords Chamber
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Lord Morris of Aberavon Portrait Lord Morris of Aberavon (Lab) [V]
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My Lords, it is right both that we get the wording in legislation right and that no offence is caused. The problem is that what was acceptable yesterday is not necessarily acceptable today. I very much welcome the helpful stance taken so early in the debate by the noble Lord, Lord True, on behalf of the Government, and I hope that will relieve anxiety.

I once caused offence to a colleague in your Lordships’ House in a short intervention because I used the word “man” on two occasions and she forgot that I had used “persons” on three occasions in the same speech. It was a no-win situation. A distinguished law professor at my first university, long before my time, used to say that according to the Interpretation Act 1889, the word “man” embraced “woman”. I have not looked that up and I do not know how relevant it would be today.

What is important, as the Minister said at Second Reading, is that the Labour Government in 2007 and successive Governments have sought to avoid gender-specific pronouns and usages in drafting legislation. I do not think we should overthrow that legislation. I hope the Minister has met the concerns expressed by the mover of the first amendment. The Committee will not mind my reminding it that when there is a departure from the traditional wording by parliamentary draftsmen, the courts are minded to probe deeply into the possibility of different meanings. Taking on board the observations of the Minister, I venture to advise the Committee of the dangers of departing from traditional drafting. Concern about any particular word or words should be looked at, not in this Bill but rather in a review of drafting practice more generally. That is the right place to ensure that we keep our drafting up to date.

I add that, further to the Minister’s speech at Second Reading, when I introduced the Law Officers Bill in the other place in 1997 there was no restriction whatever on the ability of the Solicitor-General to exercise all the functions of the Attorney-General. He may want to reconsider his remarks to remove any dubiety.

Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
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My Lords, like others, I would have preferred the unapologetic word “woman” to “mother”, but I warmly commend the Government for listening and especially the noble Lord, Lord True, on his patience in talking to some of us. I am delighted to take this as a win.

As we have heard from colleagues, the most gratifying part of all this has been about opening up a broader debate. Second Reading opened a Pandora’s box. As others have said, our inboxes have been bursting with relief and gratitude that the debate happened at all. People who usually sneer at the House of Lords—a lot of my colleagues are not keen on this place—were cheering, which was disconcerting. The noble Lord, Lord Hunt of Kings Heath, and the noble Baroness, Lady Noakes, are now considered national heroes, let me tell you; I am expecting statues to be put up soon. I personally commend the noble Baroness, Lady Nicholson, for showing real leadership on this question.

However, we should be careful about too many congratulations because the truth is that we are in a privileged place. In this House, at least, we cannot be cancelled for raising the issue. It might be an affront to democratic accountability that we are here for life, but I am delighted that we have used that wiggle room to say something that has become unsayable. How extraordinary and sad that saying that women give birth is so contentious, and that we are told we are brave for saying it. I feel a bit queasy when people say they commend our courage for speaking out, because we are safe here. We are not facing the kind of threats that Professor Selina Todd, a history professor at Oxford University, has when she needs security to give her lectures because she is gender-critical.

All those emails that we receive show just how frightened people are to speak out. Mostly it is not physical fear but fear that they will be dubbed bigots because they are progressive people—and who wants that? They are frightened that their defence of sex-specific services and the use of sex-specific language will see them closed down. I disagree with the noble Lord, Lord Wallace of Saltaire, when he says that free speech is not under threat. I think it really is.

The noble Baroness, Lady Barker, in some ways associated those of us making these arguments with deploying the same tactics as those who campaigned against immigrants or lesbian and gay rights in the past. That itself becomes a form of demonisation, which has a chilling effect, but I reassure the noble Baroness that this is not an argument for bigotry; it is for women’s rights. She fears that this is stating that trans people are a threat to women, but that is not what I am trying to do at all. What is a threat to women is a particular brand of trans identity ideology. That does threaten women, but that is not the same as trans people.

There is a shocking consequence for service provision that I want to mention. I have spent hours in this House discussing the Domestic Abuse Bill and will carry on doing so. However, as we have heard from the noble Lord, Lord Hunt of Kings Heath, it is not only free speech that is under attack but services as well. This week, three specialist domestic abuse agencies lost funding due to local government gender-neutral policies and language. The fate of RISE, a mostly women-only refuge and domestic abuse service in Brighton, means that they have lost £5 million in contract work and will likely have to close, after council chiefs set up a tender intentionally non-gendered so that any women-only organisation would fall short of the new demands. When I expressed shock at this, I was told that I was anti-trans women, which I am not.

Ministerial and other Maternity Allowances Bill

Baroness Fox of Buckley Excerpts
2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 22nd February 2021

(5 years, 5 months ago)

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Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
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My Lords, it is a pleasure to follow the noble Lord, Lord Triesman, because that was a brilliant speech. I have found the speeches today humbling, articulate and wonderful, and noble Lords will know that I do not often start my speeches in this manner. I think we have captured that this is not just a matter of words. There is something else going on and I hope that message comes through.

When I was a teenager, my working mother excitedly told me about the Employment Protection Act 1975, which introduced the first maternity leave legislation. She was thrilled that this would give me and my two sisters choices about work and change everything for future generations of women. In school, my radical English teacher enthusiastically showed me trade union and campaigning leaflets. She proclaimed that maternity leave was a key step for women’s equal employment rights. Her enthusiasm for political change was infectious and I have to confess that I caught the bug. We have to remember that, until then, every woman knew she could get sacked for getting pregnant and faced open discrimination, often related to maternity. I suspect that my mother and teacher would be delighted to know that things have improved so much for women that we can now focus on ensuring that women at the top of government will not be expected to resign because of pregnancy and will have six months’ leave on full pay.

As other noble Lords have noted, the Bill is rather narrowly focused on the women in Westminster. I rather wish that Parliament would show such speed and a sense of urgency in tackling the ludicrously low statutory maternity pay and weak employment protections for ordinary working women on maternity leave. Despite this, I see the Bill as a step forward for women’s rights.

But wait—as we have heard from so many today in the brilliant speeches, can we or the Government claim that it is a gain for women’s rights when the words “women”, “she” or “her” do not appear even once in the Bill? We are assured that this is merely a technical drafting matter. If so, can the Minister organise an urgent review of official drafting guidance so that we can explain that gender-neutral language is not appropriate for sex-specific issues?

The noble Lord, Lord Randall of Uxbridge, said that he did not see a problem with the language used. He implied that it was a bit like saying “chairperson”, but giving birth is not like chairing a meeting. Erasing women from public discourse on maternity is not ahead of the curve; it is regressive and demeaning. It is not people who get pregnant; it is women. It is women who give birth. It is women who benefit from maternity leave and it is women’s rights at work that we want to protect. If we erase the word “women”, the danger is that we erase the struggle for women’s rights that got us here.

I stress that, of course, not all women want to be mothers. Not all women can be mothers or are even good mothers. In my opinion, child rearing is well and truly not a mother’s natural job, but the words “woman” and “mother” have specific meaning. It horrifies me that it has become so contentious to say so. I have been gratified in this debate by how supportive people have been of the amendment. If anything shows that this House is far removed from the rest of society, it is that most of us would be cancelled if we said these things anywhere else but in this House. There is a toxic, nasty thrust to political life today. I would like to acknowledge the courage of the noble Baroness, Lady Noakes, and others for speaking out. This is because, as the noble Lord, Lord Hunt, explained, people here will be labelled TERFs and transphobes and will go on hate lists for speaking out. That is the reality.

I say to the Government, please do not be either naive or disingenuous. These language rows are not technical. As many noble Lords have articulated so passionately, we have to consider the political context. The day after the debate on the Bill in the other place, I watched a male Labour MP on BBC “Politics Live” repeatedly refuse to say whether maternity law should refer to the pregnant “person” or “woman”. Why was it so hard for him to say that? I am not making a party-political point; we see this across the political spectrum.

These new language codes and norms are mandating us to adopt doublespeak. Why do I need to describe myself as “cis woman”? I am a woman; that is it—enough. I am not a uterus holder, nor a person with a vagina nor a chestfeeder. These are linguistic abominations, but they are not harmless. Ultimately, these body part descriptions demean women and are a linguistic assault on the notion that biological sex exists at all. There are consequences of this. For example, in medical challenges specific to biological females, how can healthcare workers discuss the risks of mastitis infection if they have to replace “breast” with “chest”?

We can see how language is being weaponised in other areas deemed technical. You cannot get more technical than the census. As the noble Baroness, Lady Noakes, noted, there is now a huge furore about the politicised wording of the questions. The census is a hugely important inquiry to gather factual data and accurate statistics. Dr Debbie Hayton, a transgender woman, teacher and trade union officer, rightly points out that

“the gender-identity lobby has been working hard to obfuscate the issue by mangling sex with gender identity”.

This place is not a students’ union. On too many campuses, mangling and obfuscating language and linguistic policing are often used to undermine academic freedom and to smear and damage the reputation of feminist academics. Noble Lords should check out the new website, GC Academia Network, to read some horrifying tales. In some ways, we might expect this to go on in a students’ union, but this Parliament should not be like student politics or, much worse, even consider removing the word “woman” from this maternity Bill. We in this House—and even more so in the other place—are answerable to millions of women, men and transgender people—that is, transgender people as distinct from transactivist lobbyists. Those millions would expect, in plain language, that legislation expanding maternity leave would benefit women’s equality. I suspect that those millions of citizens would be horrified to think that any part of our legislative body was in thrall to the small—if loud—lobbying organisations which, make no mistake, are using language as a battering ram to march through the institutions and to eradicate the crucial distinction between biological sex and subjectively-defined gender identity, and which bully and intimidate anyone who refuses to repeat the mandated correct terminology.

I urge the Minister not to let the absence of one key word betray the embryonic gains of the 1975 maternity leave legislation and the hopes of my mother, my teacher and my teenage self. It would mean something for women’s freedom. Do not betray us now.

EU-UK Trade and Cooperation Agreement

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Friday 8th January 2021

(5 years, 6 months ago)

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Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
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My Lords, I voted for the agreement reluctantly. I would have preferred a clean break and the time to scrutinise the small print for the myriad traps it contains. However, to give credit to the noble Lord, Lord Frost, this agreement does deliver sovereignty, and that matters. While many in this place sneeringly traduce sovereignty as xenophobic nationalism embraced only by knuckle-dragging gammon, it is historically and now the only basis for democratic accountability. The demos voted to remove the unelected legislature in Brussels, unanswerable to UK voters. Now that is a reality, they may look at unelected lawmakers closer to home—good.

Good also that the Government have nowhere to hide and will need to look the electorate in the eye and own each and every decision they make, including the egregious parts of this agreement. Voters matter. Listening to the hours of contributions last week—I was culled from the speakers’ list—I noted a rather self-congratulatory, back-slapping tone from the Government Benches. It rang rather hollow. In truth, it was the perseverance and steely courage of millions of voters, who used the ballot box and electoral vehicles such as the pivotal Brexit Party time and again to pile on the pressure, that forced the Conservative Party finally to honour the referendum. Let us acknowledge that it is the voters who got Brexit done, against all the odds, against the machinations deployed by the highest echelons of the technocratic establishment and against many in this place who really believed that they had the right to overturn 17.4 million votes and shared with Donald Trump a refusal to give loser’s consent and who even now, today, lack the imagination to see life beyond Brussels or Erasmus or to see Brexit beyond the narrow prism of GDP.

Yes, this agreement has flaws, but its existence is proof that a democratic movement can change the course of history. In the context of lockdown Britain, when we will need every ounce of that democratic spirit, bravery and sovereign freedom to rebuild society, it will do for starters.

UK-EU Withdrawal Agreement

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Thursday 10th December 2020

(5 years, 7 months ago)

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Lord True Portrait Lord True (Con)
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My Lords, on the details of the mechanism proposed under the protocol, as well as the protocol statement that has been made, my noble friend will find that a number of draft decisions are also being laid before Parliament setting out in greater detail the arrangements agreed, which include provision for the settlement of disputes.

Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
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My Lords, we are assured in the Statement that the primacy of sovereignty is now beyond doubt. This sounds very positive to me, but I am not convinced that there are not worrying cracks in the Statement that sovereignty can seep through. I echo noble Lords who asked for more detail on EU intervention, but my main point is that, in debates here and in the other place, it has been suggested that that this agreement was pushed through in order to make a deal possible from the EU’s point of view. Can the noble Lord reassure us that he understands that those “red wall” voters who loaned their votes to the Government did not do so for a trade deal? 2016 was not about a trade deal. If it happens, fine, but it is about sovereignty, and sovereignty is not in trade or in technicalities, as discussed here. Does the noble Lord understand it, as some of us do, to be about democratic control at home and not just about trade? Maybe it is time to walk away in order to retain that democratic, sovereign control.

Lord True Portrait Lord True (Con)
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My Lords, I find myself between a rock and a hard place, because many of those who have asked questions today have been critical of the Prime Minister for stating what he has said about sovereignty and the need to protect our right to control our borders, to make our own laws and to control our fish. That is a statement that he and the Government have repeatedly made: we ask the EU to recognise and negotiate with us in good faith as an independent sovereign nation, which is what we wish to be. On the other hand, the protocol recognises that we are seeking to be pragmatic, and there are many benefits that your Lordships have not brought out: export declarations have been put in the bin; we have protected supermarkets; and businesses will be able to use VAT returns as they do today, without any burdensome process for splitting some of the issues. So there are pragmatic positives. However, I must tell the noble Baroness that the Prime Minister should be taken at his word on what he is saying.