EU Exit: End of Transition Period

Baroness Noakes Excerpts

Thursday 24th September 2020 Lords Chamber

[Lord True (Con)]

My Lords, as far as local deliveries are concerned, the Kent Resilience Forum is putting material in place. I sought to explain that an effort will not be made to stop every vehicle. The expectation is that before they move to ports, vehicles should have the proper documentation. That is good for hauliers, traders and the country. The system being put in place will enable the interception of certain vehicles, which will be required to comply and be subject to a fine if they arrive at port having not complied. It is an exemplary system which we hope will encourage all to comply, as most traders will want to.

[Baroness Noakes (Con)]

My Lords, I congratulate the Government on the progress that they have made in being ready for 1 January and on the support that is being given to businesses. The former EU Internal Market Sub-Committee of the EU Committee, of which I was a member, issued a report in 2019 on Brexit and the implications for transport. It reported that the majority of the UK’s exports and imports of goods was handled by overseas hauliers, primarily in vehicles registered in Poland, Romania and Ireland. I know that the Government have been working very closely with the UK haulage industry. What has been done with foreign hauliers to ensure that they are ready, especially in view of their limited language skills?

[Lord True (Con)]

My Lords, the Government are certainly reaching out to all hauliers. I will provide my noble friend with details on those specific countries as soon as I can.

EU: Future Relationship

Baroness Noakes Excerpts

Wednesday 23rd September 2020 Grand Committee

[Baroness Noakes (Con)]

My Lords, it is a pleasure to take part in this debate. I thank my noble friend Lord True for his usual masterful summary in opening the debate. It is also a pleasure to follow the noble Lord, Lord Kerr of Kinlochard, and to confirm that our views remain some way apart. Given the amount of excitement in the House that is normally engendered whenever our relationship with the EU is raised, I am quite surprised that our numbers today are rather modest. However, I am grateful for the fact that at least we have a decent amount of time to speak, which is rare in this ghastly hybrid House, and we must treasure the opportunity.

When we celebrated our freedom from the EU on 31 January this year, it seemed such a huge relief. We had put behind us the disastrous negotiations by the previous Administration and the prolonged period when Parliament tried to thwart the will of the people. We might briefly have cherished the thought that negotiating the future relationship was going to be the easy part after all that. But that did not last, and we have had to face the reality of trying to negotiate with an EU that does not yet accept us as a sovereign equal. It is completely natural for the EU to prioritise its own interests, but the EU seems also to want to punish the naughty child across the channel for its temerity in leaving. The EU knows that if we make a success of Brexit, other EU countries may well question the value of staying locked into the European project.

I pay tribute to my noble friend Lord Frost for the calm, measured and thorough way in which he has conducted the negotiations so far. It is certainly not his fault that we have failed thus far to deliver a deal on the basis of our own very reasonable requirements. We have asked for a free trade agreement like those that the EU negotiates with other trading partners. The EU has responded by saying that, because of our geographical proximity, we must have more restrictions placed on us, in particular in the area of the so-called level playing field. We have been clear, as my noble friend Lord True emphasised, that sovereignty is of paramount importance, but I do not think that the message has yet been received in Brussels. In the case of the level playing field, we do not need anything beyond WTO terms.

The issue of sovereignty is also at the root of the lack of agreement on fisheries. Our fishing industry was decimated by the EU’s quotas, which allowed France and Spain in particular to take our fish. We have said, perfectly reasonably, that we want sovereignty over our fishing waters back and that we will set the agenda for access for other countries. The EU thinks that it can carry on as before.

Northern Ireland was never going to be easy. It was the most difficult part of the withdrawal agreement, and it looks as if it is going to be the most difficult part of the long-term arrangements. The EU’s bully-boy tactics of threatening to stop food imports into Northern Ireland from the rest of the UK are completely unacceptable, and I have it on very good authority that those threats were actually made. We should perhaps have expected trouble. Although he has denied it, Martin Selmayr is believed to have said that Northern Ireland is the price that the UK will pay for Brexit. While Mr Selmayr has been moved to somewhere he can do less damage, I expect that his spirit lives on in Brussels.

I shall support the Government when the internal market Bill comes to your Lordships’ House. I believe that it is necessary to create the powers that are in that Bill to allow us to reconcile the conflicts between the withdrawal agreement, including the Northern Ireland protocol, and the Belfast agreement. I regret the clumsy initial characterisation of it as a breach of international law, because it is no more than a reserve power to deal with problems. I hope that we do not have to use it, but the EU needs to recognise that we are not giving it carte blanche in Northern Ireland, which remains a sovereign part of the United Kingdom.

I do not know how many other problems remain in the negotiations with the EU. While it would be interesting to have a bird’s-eye view of the negotiations, they are best conducted behind closed doors. I was grateful for the update from the Minister on the negotiations when he introduced this debate. At the weekend, however, I read with incredulity that the Channel Tunnel, governed by the bilateral Canterbury agreement between the UK and France, is now part of the EU’s power grab. I certainly hope that that story is untrue; perhaps the Minister can comment on it when he winds up.

I have always said that, while I favour a deal with the EU, it would not be the end of the world if we left without a deal. It would certainly be inconvenient and would cause some confusion in the early part of next year, which would not be helpful given the damage already done to our economy from the public health response to the coronavirus pandemic. But we would survive. We are a resilient nation and are capable of overcoming that. In the meantime, the Government are pressing ahead with free trade agreements with other countries, and will seek to join the Trans-Pacific Partnership next year. While the EU is certainly a large market, around 90% of global growth is expected to arise outside the EU, and that is where we must set our sights.

Brexit: Civil Service Code

Baroness Noakes Excerpts

Thursday 17th September 2020 Lords Chamber

[Lord True (Con)]

My Lords, I think it is mildly wide of the Question before the House. Also, some quite serious allegations were made by the noble Lord. I simply repeat that there are very clear procedures available for civil servants who believe that they are being required to act in a way that conflicts with the code. They can start by taking it to their line manager, and the process goes on. As I have said, I am happy to circulate the appropriate procedures to the House.

[Baroness Noakes (Con)]

My Lords, noble Lords have focused on one particular aspect of the Civil Service Code, but there are many other requirements, one of which is that civil servants must not

“frustrate the implementation of policies once decisions are taken by declining to take, or abstaining from, action which flows from those decisions.”

Will my noble friend agree that the balancing of the different requirements in the Civil Service Code is best handled by the Civil Service under the procedures he has referred to, and not by a party-political Parliament?

[Lord True (Con)]

Yes, I strongly agree with my noble friend. I do think this is a matter that should be left to the judgment of the leaders of the Civil Service—the Cabinet Secretary of the time being the main one. My noble friend is of course quite right to say that—and this was reinforced in the Constitutional Reform and Governance Act—certain duties and responsibilities do apply to civil servants.

House of Lords: Number of Members

Baroness Noakes Excerpts

Wednesday 16th September 2020 Lords Chamber

[Lord True (Con)]

My Lords, the voice of Wales is extraordinarily important, and it is well served in this House by some of the outstanding Members who come from that great Principality. The noble Lord makes a point of policy. The last coalition Government presented to your Lordships and the other place proposals for an elected House, but they did not at that time find favour.

[Baroness Noakes (Con)]

My Lords, last year, your Lordships’ House demonstrated that it was spectacularly out of step with the country as a whole over Brexit. Does the Minister agree that it is more important to remedy that than to focus on the numerical size of the House?

[Lord True (Con)]

My Lords, every Member of your Lordships’ House has the right to express a personal opinion, and long may we do so. However, it is important, as my noble friend says, that the House reflects on the risk of becoming out of step with public opinion on this great question.

EU Trade Agreement

Baroness Noakes Excerpts

Tuesday 8th September 2020 Lords Chamber

[Lord True (Con)]

My Lords, I completely reject the idea that the Government are imperilling the Good Friday agreement. I repeat what I said a minute or two ago: the peace process has an east-west as well as a north-south aspect, which the Government fully respect. The purpose of our approach is to protect peace in Northern Ireland and the Good Friday agreement.

[Baroness Noakes (Con)]

My Lords, does the Minister agree that it would be better if the noble Lords who are getting so excited about this just waited until the internal market Bill is published later this week?

[Lord True (Con)]

As usual, my noble friend makes a very important point. As I have already said, we will have a great opportunity to discuss the proposals.

Finance Bill

Baroness Noakes Excerpts

2nd reading & Committee negatived & 3rd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard) & Committee negatived (Hansard): House of Lords
Friday 17th July 2020 Lords Chamber

[Baroness Noakes (Con)]

My Lords, I welcome the tax reductions in the Stamp Duty Land Tax (Temporary Relief) Bill; they should help to get the property market moving again. Stamp duty may well be an efficient tax for collection, but it is a terrible drag on the property market. It particularly hits homes in the south-east, which account for more than two-thirds of the total yield. I hope the Government will not simply allow the system to return to its previous state when the temporary relief expires next year. They would do well to look again at the impact the tax has on the property market, in particular on the property-owning aspirations of younger people.

In previous years we have been assisted in debates on the Finance Bill by reports from the Finance Bill Sub-Committee of the Economic Affairs Committee of your Lordships’ House. Its excellent report on the off-payroll working element of the Bill is hard-hitting; the Government’s response is tone deaf. I understand that my noble friend Lord Forsyth will seek a separate debate on this report later this year, and I certainly look forward to that. As other noble Lords have said, IR35 is an area that has never really worked well. It has led to tax rules with more unfairness than fairness in them—never a good look for a tax system.

I wish the Treasury were more joined-up. On the one hand, the Chancellor has provided massive support to businesses to help them through the pandemic and to enable economic recovery, and this has been terrific; on the other, the Treasury is legislating to make business rescue and business lending much more difficult. As the noble Baroness, Lady Burt of Solihull, noted, this Finance Bill reinstates Crown preference in insolvency for tax debts. As she said, R3, the representative body for insolvency and turnaround professionals, has called it a potential £1 billion blow. That may well be an understatement. The Crown preference proposals were heavily criticised before the Covid-19 pandemic hit us, and in the current context Clause 98 could well prove disastrous if business rescues are hampered or indebted businesses cannot access further debt.

My final point is about finance Bills and our tax system in general. We have long passed the point of having the longest tax code in the world. This Finance Bill is not particularly long—a mere 207 pages—but bears the hallmark of our tax system: complexity. We have a complex web of taxes to start with. They are then complicated by reliefs and exemptions, which are in turn further complicated by anti-avoidance provisions. This does not help business. In April the economy shrank by 20%, and the bounce-back in May has so far been modest. If we are to get to where we were before the pandemic hit us, we need everything to run at top speed. Complicating the tax environment for wealth creators will not do that. A good start for the Government next year would be a finance Bill of no more than 10 pages.

David Frost

Baroness Noakes Excerpts

Tuesday 30th June 2020 Lords Chamber

[Lord True]

My Lords, I do not agree that there will be a difficulty. The announcement suggests that Mr Frost will take up his appointment around the end of August, and, as the noble Lord said, there will be a period of handover. Mr Frost will remain chief negotiator for the EU talks until agreement is reached, or until they end. That will remain his first priority. As I have already said, he will also be ready to answer to Select Committees of the House in that period.

[Baroness Noakes (Con)]

My Lords, does my noble friend agree that, when Mr Frost becomes a Peer, this House will be very lucky, because we will gain a new Member with huge experience—as my noble friend has outlined—and with complete dedication and commitment to the success of the UK outside the EU?

[Lord True]

My Lords, I do agree and I am very grateful, as I am sure Mr Frost will be, for what my noble friend said. It is striking that, right across the House, among those with different views, there has been a unanimous acceptance of Mr Frost’s abilities and calibre.

Beyond Brexit (European Union Committee Report)

Baroness Noakes Excerpts

Tuesday 12th May 2020 Lords Chamber

[Baroness Noakes (Con)]

My Lords, I was a member of the EU Committee when this report was published and pay tribute, as other noble Lords have, to the leadership of the noble Lord, Lord Boswell, when he chaired the committee. The report was published last year against the backdrop of the previous Prime Minister struggling and failing to get Parliament to approve her withdrawal agreement. Parliament was working against us leaving the EU.

Last December the British people gave the Government a very clear mandate to get Brexit done. We now have a strong Prime Minister and a Parliament, at least in the other place, committed to delivering the will of the people. Inevitably, some of the committee’s recommendations have not stood the test of time.

We have now left the EU. The Government are working at speed on the long-term relationship with the EU, including a free trade agreement. They are committed to bringing this to a conclusion by the end of the year, and I was glad to hear my noble friend Lord True confirm last week that the Government have no intention of extending the transition period. There is clearly no time to spare in these negotiations.

This is the new context for parliamentary scrutiny. Parliament must of course still undertake its constitutional role of holding the Government to account, but in this new timescale it cannot realistically expect to be involved in the detailed negotiations of our long-term relationship with the EU. To that extent I regard the EU Committee’s proposals—for example, on its desired involvement in the workings of the joint committee—as time-expired. Let us focus on holding the Government to account on what they achieve in practice, rather than on the detailed steps for getting there.

Budget: Economic and Fiscal Outlook

Baroness Noakes Excerpts

Tuesday 5th May 2020 Lords Chamber

[Baroness Noakes (Con)]

My Lords, let no one pretend that these Virtual Proceedings represent a meaningful opportunity to hold the Government to account. Until a couple of hours ago, we were told that we had just two minutes for Back-Bench speeches. Now it is a stunning three minutes. We have no opportunity at all to intervene. This is not accountability. This is a sham. The sooner we return to normal proceedings, without the excessive time-limiting that has been introduced, the better.

As it happens, the only thing I want to hold the Government to account on today is why on earth we are required to continue sending economic assessments to Brussels and why the Government have failed to repeal Section 5 of the 1993 Act. This Motion has always been a waste of time, as we have debated many times in the past. We have never had any interest in converging our economy with that of the EU; today, it is simply ludicrous. It is obvious that an assessment of our economy in the middle of a major global pandemic is, at best, an academic exercise. More importantly, as has been said, we have left the EU. The future trajectory of our economy may well be of interest to the EU, but we should not be involved in servile submissions to it.

This Motion would have been a waste of time even if the transition period were to be extended beyond 31 December this year. I am grateful to my noble friend the Minister for confirming that the Government remain resolute on no extension to that transition period. At one level, I just want to be done with these silly Motions but, more substantively, does the Minister agree that it would be massively to the UK’s disadvantage if, through an extension, we were exposed in any way to contributing to repairing the economic fallout from Covid-19 across the whole of Europe? Now is the time for the Government to concentrate on our own economy—nothing more, and nothing less.

European Union: Negotiations (European Union Committee Report)

Baroness Noakes Excerpts

Monday 16th March 2020 Lords Chamber

[Baroness Noakes (Con)]

My Lords, it will not surprise the House to find that I will not be echoing the sentiments of the noble Baronesses, Lady Hayter and Lady Ludford. I welcome the Government’s plans for a future relationship with the EU, as set out in their White Paper, and I particularly welcome my noble friend Lord True as the Minister in this debate; it is in very capable hands.

I could not be more proud of the approach that the Government are taking to our relationship with the EU. We have left behind us the servile acquiescence that characterised the first three years of negotiations with the EU after the referendum. In its place, we now have a confident Government who really believe in our future outside the EU and have the strong backing of the British people from last year’s general election.

In the Command Paper, the Government have set out their vision of

“friendly co-operation between sovereign equals”.

Those of us who strongly supported the UK’s exit from the EU are much heartened by both the content and the spirit of the Government’s position, and I look forward to my noble friend’s summary of the key elements of our policy when he winds up.

For me, the most important aspect is that we are seeking a comprehensive free trade agreement with the EU. We are one of the world’s largest economies, and we expect to be able to negotiate trade agreements with our trading partners on a basis of mutual respect on both sides. The EU is no different from any other trade counterparty in this respect. It is the same basis on which we should approach negotiations with other important trading partners, such as the USA.

Of course, that means that we do not want an association agreement and will not bind ourselves to the rules and mechanisms of the EU, whether for a level playing field or any other purpose. Our country did not vote to leave the EU in order to recreate the past relationship all over again. We especially did not vote to leave the EU to be bound to mirror any part of its regulatory environment in perpetuity. Dynamic alignment is a million miles from any reasonable interpretation of what the British people voted for in 2016.

[Lord Lea of Crondall (Non-Afl)]

Is the noble Baroness saying that she is advocating no deal?

--- Later in debate ---

[Baroness Noakes]

I will come on to that in a short while. I was saying that dynamic alignment is simply not what the British people voted for in 2016 or in last year’s general election. It is right that it forms no part of our approach to our longer-term relationship with the EU.

One symbol of being an independent nation again is fisheries. The EU seems to think it can recreate the existing quota arrangements, which are so disadvantageous to our home fishing industry. That simply cannot happen. The fishing industry may not be the most important contributor to the nation’s GDP, but it is symbolic of what it means to be a free nation: controlling our own waters and setting the rules by which we will be responsible conservators of our fishing stocks.

I am also completely behind the Government’s decision that we should not seek any extension of the transition period at the end of this year, even in the face of the current pandemic, which may well disrupt negotiations but does not present an excuse for not completing them. It is essential that we move to prepare for life without a comprehensive agreement if we do not make enough progress by the summer. I have never been afraid of trading on WTO terms and I will not start now.

All in all, I believe that the Government’s approach as set out in Command Paper 211 and as illuminated by the wonderful speech last month by Mr David Frost, our chief negotiator, is terrific. I hope that the House will support it.

I turn now to the other Motions before us, namely the Motion in the name of the noble Earl, Lord Kinnoull, on behalf of the EU Select Committee, and the amendment in the name of the noble Baroness, Lady Hayter. If I had to sum up both of these Motions, I would say that they are seeking to rerun battles that have already been fought and lost. I was absolutely amazed that the EU Committee managed to hang its first report on Section 29 of the EU withdrawal Act. I shall express no opinion on the validity of the argumentation around this as set out in chapter 1 of the report. It may well be technically accurate. I do not, however, believe that Section 29 was intended to be used for the purpose of requiring a debate on the negotiations on our longer-term relationship. I had understood that section to allow Parliament to raise important issues about EU legislation passed in the transition period and therefore applying to the UK while we do not have any representation in the EU.

Noble Lords will be aware that the terms of the 2020 withdrawal Act differed significantly from the version of the earlier Bill that was considered by the last Parliament. The earlier Bill required the approval of Parliament to the Government’s negotiating objectives, which themselves had to be consistent with the political declaration. It also required three-monthly reports to Parliament on the progress of negotiations. Those provisions were inserted in a doomed attempt to get the last Parliament to pass the withdrawal Bill. But since then, the general election has given a huge mandate to the Prime Minister to “Get Brexit done”. The provisions for involving Parliament in the negotiations were removed from the Bill which became law in January this year. The will of Parliament is now clear: these provisions of parliamentary scrutiny are neither necessary nor desirable; yet here we are with the EU Committee using Section 29 of the Act to achieve a debate on negotiating principles, and even calling for the Government to publish a comparative analysis of the political declaration and the Command Paper.

The political declaration has no legal force and, as the EU Committee’s report makes clear, neither the Government nor the EU are using the political declaration as the starting point for their negotiations. We have moved on. I respectfully suggest that the EU Committee does as well.

[Lord Hannay of Chiswick (CB)]

Will the noble Baroness explain why it is that she believes that the European Union is not behaving in a manner consistent with the political declaration when my noble friend’s report says quite explicitly that it is?

[Baroness Noakes]

I will say to the noble Lord only that it may have the headings of the political declaration but the content is significantly different in a number of places, as indeed was set out in the EU Committee’s report.

[Baroness McIntosh of Pickering (Con)]

I am following very closely what my noble friend has said. I understand that she has years of experience in a certain sector, but what does she fear about scrutinising a policy such as fisheries or agriculture, or a potential no deal where the consequences could be to decimate the sheep market in this country? She is a parliamentarian. What does she fear from scrutiny?

[Baroness Noakes]

My Lords, I fear nothing from scrutiny. I am making the point that Parliament has consciously removed provisions that were contained in an earlier Bill; the version of the withdrawal Act that is now the law of the land has no such provisions and has deliberately removed them. That, to me, expresses the will of Parliament that Parliament does not expect to be involved in the minutiae of the negotiations with the EU; it is simply that.

I suspect that what is driving a lot of this debate is the fact that the majority of Members of this House never favoured exiting the EU and continue to be of the remain persuasion. I am sure that that is true of the EU Committee. Having been a member of that committee, I am well aware of the balance of its membership. I have raised in your Lordships’ House before the point that, if this House is out of alignment with the opinion of the country at large, that is at best unhealthy; at worst, it could undermine support for this House’s continuation, at least as currently constituted. I believe that the House and its committees need to think very carefully about that.

To conclude, we should praise the Government’s approach to negotiations with the EU and then let them get on and deal with them.