Black Rod

Baroness Smith of Basildon Excerpts

Tuesday 20th February 2018 Lords Chamber

[Baroness Evans of Bowes Park]

My Lords, it is the custom of the House to pay tribute to the outgoing Black Rod on the day that their successor assumes the office. I would like to take this opportunity to thank David for his tireless service to the House during the seven years that he served as Gentleman Usher of the Black Rod.

Noble Lords will be aware that, since David’s retirement in December, the Yeoman Usher, Brigadier Neil Baverstock, has stepped in to serve as acting Black Rod. I am sure I speak for us all when I say that we are extremely grateful to Neil for taking on these essential duties with his typical calmness, good humour and effectiveness, and preparing a smooth handover to Sarah.

With the leave of the House, I would like to pay tribute to David’s distinguished career. He assumed the office of Black Rod in February 2011, following the sadly curtailed tenure of Sir Freddie Viggers, after a distinguished career in the Army spanning four decades. He commanded forces and operations in a number of areas, including West Germany, Northern Ireland and Bosnia. He used his service experience in the latter country to play a critical role as the UK’s military representative during the talks which led to the Dayton agreement in 1995, ending three and a half years of devastating conflict. David also held other senior defence, security and international appointments in the Ministry of Defence and in Brussels, most recently as the director-general of the EU military staff from 2007 to 2010.

As noble Lords know, behind the scenes during his time as Black Rod, David was responsible for arranging six State Openings—a huge operation, which he and his team, including the doorkeepers, always managed with skill and sensitivity. David supervised nine state visits and six addresses by a number of notable Heads of Government and States. As I am sure your Lordships well remember, the successful visits of President Obama and the King and Queen of Spain, as well as the celebrations to mark Her Majesty the Queen’s Diamond Jubilee, were all significant operations, conducted with enormous care. The novel arrangements in the Chapel of St Mary Undercroft, which allowed parliamentarians and the public to pay their respects to Lady Thatcher, Tony Benn and last year to PC Palmer in advance of their funerals, were also conducted with his characteristic thoughtfulness.

Throughout his time as Black Rod, David enjoyed close working relationships with three Serjeants at Arms in the Commons, and oversaw a good deal of change. His open-minded approach to changes in security governance, in particular, was essential in ensuring that the new arrangements under the parliamentary security director have worked well. The fact that those arrangements are now taken for granted by his successor will be one of David’s lasting legacies to this House.

During his tenure David also played a significant role in improving Parliament’s relocation contingency arrangements, overseeing, as one of his final acts as Black Rod, a successful relocation exercise which helped to provide reassurance about the robustness of these arrangements. He leaves Parliament as a whole better equipped to handle the considerable challenges to be faced in the coming years, for which we are grateful.

It would also be remiss of me not to acknowledge the degree of fame that David achieved last year, or rather his legs as adorned by Ede & Ravenscroft’s finest 60 denier tights, when they appeared in the BBC’s “Meet the Lords” documentary.

Beyond David’s professional achievements, many noble Lords will also be aware of his extracurricular musical activities and achievements. He was an active supporter of the National Children’s Orchestra, serving as the chairman until 2014, and within Parliament was a stalwart of the Parliament Choir, overseeing a successful joint concert with the Bundestag choir in Westminster Hall in July 2014. I trust that his retirement will provide ample time for the continued pursuit of these interests.

It simply remains for me to warmly welcome Sarah Clarke to the House. I look forward to working with her. I end by reiterating our thanks to David Leakey for the service he has given to this House, its Members and Parliament as a whole. I wish him, and his wife Shelagh, many happy years of retirement.

[Baroness Smith of Basildon (Lab)]

My Lords, the noble Baroness has provided a very rounded picture of our outgoing Black Rod, Lieutenant General David Leakey. Like his predecessors, he brought his considerable military experience to Parliament and, as we have heard, he has used his logistical, management and diplomatic experience and skills to great effect, both in good times, for national celebratory events, and in very difficult times, when his diligent and considerate nature was greatly appreciated.

The role of Black Rod has changed over the years, and David’s time in office was one of significant change, particularly in relation to how Parliament manages the security of the estate and of those who work here. The noble Baroness the Leader was right to highlight his flexibility and professionalism in managing such change.

On a personal note, I was very grateful when David supported my campaign for a commemorative brass plaque to recognise the Westminster Hall lying-in-state of those killed in the R101 airship disaster of 1930. After two years’ of Questions and lobbying, finally, with David’s strong support, we were able to welcome the descendants of those who had died and lain in state to an unveiling service in Westminster Hall, where the new plaque is proudly on display—a missing piece of parliamentary history now recognised. Thank you, David.

One of my favourite stories about David was told to me by my noble friend Lord Collins. When he asked Black Rod whether it was compulsory for Peers’ spouses to wear tiaras at State Openings, he was told very firmly and succinctly, “Yes, of course”. “That’s good”, replied my noble friend Lord Collins, “my husband has just bought one”. David’s response is not recorded—it may have been a rare speechless moment—but no tiara was worn.

From men in tiaras to men in tights: the Leader mentioned that the collective memory of your Lordships’ House has been deeply affected by the sight of David on national television in just his long white shirt, quickly and I have to say rather expertly managing to pull on his ceremonial black tights. One day, feeling quite courageous, I summoned up the nerve to ask him why. How did the crew manage to get him to dress in front of the camera? Somewhat embarrassed, he replied that he had got so used to them following him around that, “I just forgot they were there”.

One of the highlights of the parliamentary calendar has to be the State Opening of Parliament, when TVs around the world show that slow parade from your Lordships’ House to the other end of the building, so that Black Rod can summon Members of the elected House to hear the Queen’s Speech. As 2017 brought an unexpected election, the Queen’s Speech unfortunately clashed with a previous commitment in the royal calendar—Ascot. In a full House of Commons, with such formal ceremony, it was a delight to watch David struggle to keep a straight face as Dennis Skinner quipped, “Get your skates on. First race is half past two”.

The Leader paid tribute to and thanked the Yeoman Usher, Brigadier Neil Baverstock, for stepping up as the acting Black Rod following David’s departure. On behalf of these Benches, I add our appreciation and thanks. Neil has served as Yeoman Usher in good and in difficult times, and his calmness under pressure alongside an easy, yet highly efficient manner has been greatly and warmly appreciated.

And now we move into a new era with our new Lady Usher of the Black Rod, Sarah Clarke. When Sarah first saw the newspaper advert, she knew that that she would have to demonstrate that her experience would enable her to fulfil the responsibilities of this position. Following her interviews, we were absolutely confident that she has the skills, the understanding and the personality to take on this role. Who knows, her Wimbledon experience could be very useful during any parliamentary ping-pong—although some things take more time. We warmly welcome her and look forward to working with her, although she may not appreciate the ping-pong joke.

The last word has to be for David Leakey. We wish him and Shelagh a long and enjoyable retirement.

[Lord Newby (LD)]

My Lords, on behalf of these Benches I too welcome Sarah Clarke very warmly to the House. I and my colleagues look forward very much to working with her. I also express our thanks to Neil Baverstock for serving as acting Black Rod in the intervening weeks since David Leakey’s retirement. We are extremely grateful to him for filling this role with his customary professionalism.

David Leakey had an extremely distinguished career in the Army before he became Black Rod. One of his military roles was particularly useful preparation: from 2004 to 2007 he was commander of the European Union’s peacekeeping force in Bosnia and Herzegovina. His civilian opposite number was my colleague and noble friend Lord Ashdown of Norton-sub-Hamdon, then the EU’s high representative. I doubt whether they saw their regular dealings in Bosnia as training for their eventual roles here, but in any event it clearly stood Black Rod, at least, in good stead. Being a professional peacekeeper would, I am sure, have proved extremely useful training because, in addition to the ceremonial roles played by Black Rod, sorting out disputes between Members of your Lordships’ House has traditionally been an important element in his work. I know from my own period as Chief Whip on these Benches that there were times when Black Rod had to deal with disputes between Peers, sometimes of an essentially trivial nature but of great importance to the Peers concerned. He did it with calm authority and due seriousness.

It takes much meticulous planning to ensure that the great ceremonial and state occasions referred to by the Leader of the House run smoothly and without a hitch. David approached all of these with great skill and care and ensured that they were all flawlessly executed time after time. We are all deeply grateful to David for his dedication to public service and this House. We on these Benches wish him and his wife extremely well in his retirement.

Working Group on Independent Complaints and Grievance Policy

Baroness Smith of Basildon Excerpts

Thursday 8th February 2018 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness the Leader of the House for repeating the Statement, and certainly welcome the general point she made at the beginning of her remarks about the intimidation and aggression shown towards anyone who seeks to become involved in public life and expresses a view that someone else does not like. People who involve themselves in public life should be celebrated, not denigrated.

I said in response to the repeat of the Urgent Question last year that this is a human and workplace issue. It cuts across parties and clearly the actions have to cut across the parties as well. We have a duty to address any issues robustly and find mechanisms for advice, making complaints, seeking support and taking action. We are all agreed that the workplace should be somewhere where every individual feels that they can give their best and no staff member or colleague should ever have to cope with or try to manage inappropriate behaviour. Further, no one should be frightened to speak up or make a complaint to do with any form of harassment, bullying or sexual intimidation.

I thank the committee for its work but I place on record because it is worth noting that, even during the time that this committee was working, leaks that were usually inaccurate were made to the press from the committee in an attempt to undermine its members. I know that the noble Baroness the Leader of the House had no responsibility for this—she was quite clear on that—but that one member of the committee should be targeted in national newspapers when everyone was trying to grapple with the problems and deal with them was something I found unacceptable. This was difficult and challenging to get right so I acknowledge, recognise and thank the committee for the care and commitment it and the staff who served it in its work showed in putting in place procedures and safeguards to deal with bullying, discrimination and sexual harassment at Westminster. It is an important first step, and we welcome the report.

At the outset, we called for the immediate establishment of an independent specialist adviser on sexual harassment and, although we would have preferred that to be done immediately, we welcome the fact that it is acknowledged in the report. We hope that the adviser will be put in place as soon as practicably possible. As the noble Baroness said, the scheme is to be underpinned by an advice service for MPs’ and Peers’ staff. I recognise that most Members of your Lordships’ House do not have staff but obviously, even if the numbers are far lower, the same principles and expectations of behaviour still apply. Can the noble Baroness confirm that as well as advice for the staff of MPs and Peers, advice on HR issues will be available for MPs and Peers themselves? That could help to avoid inadvertent mistakes or misunderstandings. I welcome her acknowledgement of the need for a comprehensive culture change, and providing advice for all Members could be very helpful in that.

This new scheme has been no small undertaking. As the noble Baroness said, it will cover approximately 15,000 people working across the Parliamentary Estate and it is hoped that in addition it will form part of any contracts let for the building programmes. I think what I am looking for is an assurance that it will involve anybody who is employed by anybody on the Parliamentary Estate because a number of workers are not employed by Parliament but by contractors, whether they are cleaning, catering or building staff. I hope that they will be included and thus will be able to have the same expectations of behaviour.

I will ask a couple of questions. One is on the possible sanctions. Understandably there is a lack of clarity in the report and more work to be done, but my question concerns what sanctions apply in what circumstances. Inappropriate behaviour of any kind ranges from the relatively mild to the very serious. I hope that the commission has been involved in this. Was there any discussion with the commissioner prior to the report coming forward on how the Select Committee on Standards and Privileges as well as the House of Lords Commission could be involved in this?

I will also ask something about the role of the commissioner. I appreciate that this is a Commons Statement and any references in it probably refer to the Commons commissioner, but it says that the commissioner’s role, which I took to be that of the Lords commissioner as well, would be “expanded and reformed”. Has what form that will take been discussed with the commissioner? Will resources be made available for that and will the time of the commissioner be made available? I am concerned about any delays. Having spoken to colleagues who have had issues considered by the commissioner in the past, I know that they can take a long time to resolve. If we are expecting more from the commissioner we should make sure that the resources are there for that work to be undertaken.

I also raise trade unions; I have raised this before. There should be trade union recognition by Parliament. I may have missed it in the report and I apologise if it is in there—I have not had time to read every word in detail. There has to be the opportunity for staff to raise concerns and grievances collectively, not just as individuals. I know that there have been some issues around the anonymity clause in here—that if somebody is reported for bad behaviour they should remain anonymous. It is worth emphasising that in the environment we work in, where there might be one or two people working to an individual MP or Peer, to identify the person being complained about often identifies the person complaining as well. I would be very concerned if that was a barrier to somebody bringing forward complaints. In this instance it is entirely justified.

I am grateful that the noble Baroness acknowledges that this is not the end of the process. There are timescales for the various work streams because there is still a large body of work to be undertaken. Could I have an assurance that this work will be undertaken speedily to try to put in place these recommendations? Having the recommendation is all well and good, but we need action. I hope a progress report can be made.

As I have raised before, I am still concerned about how the mandatory training of Members will be enforced and what sanctions there will be if that training does not take place, but it is right that training is available for Members of your Lordships’ House and to our staff on issues concerning consent, equalities and how to tackle bullying and harassment.

It is always worth saying that I am still of the view that, for most people, working on the Parliamentary Estate is a positive experience and one that they enjoy. Most of our Peers and MPs are good employers and they enjoy the relationship that they have with their staff, which is positive and productive. But that makes those who fall short of those standards even more culpable in many ways, because the culture should always be one of respect and one where we should aim for the highest possible standards. We have a duty as a Parliament to set the highest standards and, where people fall short of them, to ensure that it is dealt with appropriately.

There is still much to do to tackle pervasive prejudices and unacceptable behaviour. They must be tackled at every opportunity. This report is an important start, but we need to continue to work across parties to ensure that we provide the best possible working environment for everybody who works in the Palace of Westminster.

[Lord Newby (LD)]

My Lords, I too thank the noble Baroness for repeating the Statement and I thank even more the members of the working group who have worked very hard on an intensive programme to produce this report. I begin by associating myself with what the noble Baroness, Lady Smith, just said about the behaviour that we see from the majority of people who are Members of or work in these institutions. That is what we would expect. But the report underlines—as if we needed telling—that not everybody meets those standards. The number of people who claim to have been the subject of sexual harassment or intimidation and bullying is shamefully high.

Any of us who have been around Parliament for any length of time are not totally surprised, because the abuse of power that it is possible to use as a Member of either the other place or here is pretty considerable. If we search our memory, all of us can think of people who have abused that power for a number of unsatisfactory purposes. It is very good to see that at the heart of these proposals there are sensible and comprehensive ways in which people can complain and have those complaints dealt with.

As I said when we discussed this before, underpinning all of this and more important than the complaints procedure is improving the culture of this place. The complaints procedure is dealing just with what happens when things go wrong. The key thing is to ensure that things do not go wrong to the extent that they have in the past. For this, the Code of Conduct is absolutely key. We have seen how the Code of Conduct of your Lordships’ House, which has been strengthened during my time here, has had a very significant impact on the way Members view their role and how they approach some potential conflicts of interest, for example.

The code and the importance attached to it are fundamental elements of these proposals. For example, I hope that all Members and members of staff will have to sign it in a somewhat formal way. In his last intervention in Parliament, Lord Callaghan wrote to the committee considering the Bill that was bringing together the Inland Revenue and HM Customs and Excise. He said that he hoped that the new merged department would keep the oath that all members of the Inland Revenue had had to sign on joining the department. He told how, as a young man, having formally to sign something that said “I will keep taxpayers’ information confidential” and “I will be honest” had a profound impact on him. Although on one level it seems a small thing, formally getting people to sign something will be very important.

When things go wrong we have very sensible ways to start to deal with them, but like the noble Baroness, Lady Smith, I question the role of the commissioner here. The Statement says the Commons commissioner will,

“have access to legal advice, and will be able to impose a new range of lower level sanctions that may include a written apology, mandatory training or future behaviour agreements”.

The idea of having future behaviour agreements for Members of your Lordships’ House rather appeals to me, but it is quite a change. If we are to do it—this will no doubt be one of the things that we will discuss in our debate after Easter—we will need to make sure that the commissioner here has a very clear remit and that all noble Lords and staff are absolutely clear what that remit is and how it should be exercised.

There is also a question for us as to which body will be reviewing this on a regular basis. The idea of having a six-month review is great, but which committee will have this formally in its remit? I suspect it is the House of Lords Commission but I am not absolutely sure. Some body here has to own this policy or it will not be properly implemented.

However, these are largely questions for the future. Today, we must simply welcome the Statement and the substantive work that underpins it and commit ourselves to do whatever we can to make sure it is properly implemented.

Palace of Westminster: Restoration and Renewal

Baroness Smith of Basildon Excerpts

Tuesday 6th February 2018 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I think we all welcome the Motion moved by the noble Baroness the Leader of the House and the opportunity to discuss it following last week’s vote in the other place. The Government’s Motion has already been agreed by MPs, and we have been asked to support the same Motion so that the preparatory work can begin. I found this debate quite enjoyable and surprising in many ways. It is rare that there is such wide and deep agreement on the principle of an issue across your Lordships’ House. Having such agreement in principle means that we can move on to some of the detail and can set up a sponsor body, with MPs, Peers, Government and officials represented on it, and a delivery authority. They will undertake the necessary work outlined in the Motion to report back to Parliament on costs and other issues.

When the Joint Committee on the Palace of Westminster was set up in July 2015, few thought it would take so long to get to this point, given the acknowledged urgency of the issue. For almost a year, we met regularly to read reports and question witnesses. We took evidence and interrogated that evidence and, as the noble Lord, Lord Deighton, said, we brought to that committee a healthy scepticism. We were looking for how best to proceed to the next stage. The Motion we are considering today reflects the recommendations of that committee on what should happen next. I think all members of the committee will appreciate the many comments that have been made about our work, and I join other noble Lords in thanking our colleagues on that committee. I pay particular tribute to four noble Lords, and I hope other noble Lords will forgive me. The noble Baroness, Lady Stowell, was joint chair of that committee, and it was difficult at times to steer us through, keep us from going down various rabbit holes and keep us sticking to our purpose. The expertise of the noble Lord, Lord Deighton, and my noble friend Lord Carter was extremely valuable. I am sure the noble Lord, Lord Laming, and the noble and learned Lord, Lord Wallace, will agree. Chris Bryant, an MP member, showed great commitment, dedication and knowledge, and I think most of us fell somewhere in between those two. I am really encouraged that the noble Lord, Lord Deighton, is working on a new runway at Heathrow, and if he could be persuaded to deal with Brexit I think we would all be very grateful.

The noble Lord, Lord Cromwell, and my noble friend Lord McKenzie were right to ask why the committee did not address moving away from Westminster to a new building. The noble Lord, Lord Norton, addressed that point. The committee did not consider that because it was not in our remit. In 2012, constructing a new building while having to repair and maintain the Palace of Westminster was ruled out as the most expensive option. Also, as the noble Lord, Lord Norton, said, government departments and the whole infrastructure of government and Parliament and what goes with them are in one place and to move would be very difficult. That mixture of recognising the history and the costs involved—the romantic and pragmatic—ensured that this site in Westminster will remain the permanent home of Parliament.

Despite being structurally sound, this great, iconic building is, like many of us, feeling its age. Decades of patching and making do have left a legacy. Its status as a UNESCO world heritage site has been threatened by the poor state of repair, as my noble friend Lady Andrews informed us. The scale of the work needed, as outlined in the report, alongside the importance of the building constitutionally, historically and architecturally presents unique challenges that should not be underestimated.

Despite having spent most of my working life in and around this building, until I served on the parliamentary fire committee and then on the Joint Committee on restoration and renewal, I have to admit to an ignorance of just how much has to be done to ensure that this remains a functioning, working building. It is a bit like a swan which glides on the surface of the water but underneath is paddling furiously. This was mentioned by many noble Lords and noble Baronesses. I have to say that my knowledge and fear of the parliamentary sewerage system stays with me every day. The system dates from 1888, and there is just one very large sewerage drain along the entire length of the building, from one end to the other, with two old tanks. The mechanical and electrical works in the bowels of this building do not recognise any distinction between your Lordships’ House and the other place. As we know, fire, floods, power outages and burst sewerage pipes do not recognise the boundaries either.

All the services with cable and pipes run from one end to the other. Many cables and wires are no longer live, but they have been added to over the years in a completely ad hoc way. Often the only way to find out whether a disorganised bunch of wires and cables still carries services is to cut them and then see whether anything stops working. There must be hundreds of miles of cables, usually in fairly small cavities and spaces that are difficult to access and often surrounded by asbestos. It is often only due to the skill of those who work on this operation that so much of the mechanical and electrical services in the depths of the basement are kept working long past their expected expiry date. The 90-plus risers throughout the building, and the narrow corridors and tunnels that carry services and cables, can also carry fire.

All noble Lords have been asked to carry out fire safety training, either online or with a member of staff. I will not ask noble Lords to raise their hands if they have undertaken it, but I will perhaps just say the take-up has not been universal. We currently therefore have fire wardens patrolling the Palace seven days a week, 24 hours a day. There is much evidence and acknowledgement of the risks and the potential of catastrophic failure of one or more services and the danger of fire. These increase daily, and we should recognise and pay tribute to the staff who deal with and manage them. We need to take action and do so in the most cost-effective, efficient and also visionary way.

However, managing a project of this size and scale and trying to work around the business of Parliament—which is far more than just debates in the two Chambers—over a period of 30 years or more would be both inefficient and more expensive. It would also run a greater risk, as my noble friend Lady McIntosh and the noble Lord, Lord Blencathra, said, of us being bad clients during that time. I think the noble Lord, Lord Inglewood, hit the nail on the head when he said that clients change their mind the longer a project continues.

I was persuaded by the evidence that a full decant was the better option. It became clear that there was no decant-free option as, however the work is undertaken, at varying times different parts of the building will have to be vacated and occupants relocated. Each time, as the noble Baroness, Lady Stowell, graphically described, new temporary mechanical and electrical services would have to be installed to bypass the decanted area. There also remains the risk of asbestos being found at any time during the work, and a larger evacuation being required. A longer timescale creates greater risk of a catastrophic failure requiring an emergency evacuation or hurried decant—and that lack of strategic planning would be at a higher cost both financially and businesswise.

At this point, I think I am allowed to share a secret with your Lordships’ House. My early days as Leader of the Opposition were eventful. Almost immediately, with some ceremony and warnings, I received a large brown envelope marked confidential. If I was expecting some exciting state secret, I was very soon disappointed. But it was a warning: traces of asbestos had been found in a pipe or riser that, depending on the outcome of extensive and urgent tests, could necessitate the sealing of the Commons Chamber. At that stage, no one knew what the outcome would be. If such action had to be taken, what would happen next? The noble Baroness, Lady Stowell, will recall the inconclusive discussions about the possible use of this Chamber for MPs and about how both Houses could continue their business. Fortunately—as agreement on that was proving somewhat difficult—an emergency decant was not necessary then, but it is hard to imagine that during the course of any major work a similar emergency may not occur again.

To reject a total decant would allow the phased approach that the noble Lord, Lord Naseby, proposes in his amendment, but that was rejected by both the committee and, now, the House of Commons. All the evidence points to such an approach meaning increased costs and significant ongoing disruption. The noble Lord cited how Peers previously used the Robing Room after the Second World War. It is worth noting that the average attendance of Peers at that time was roughly 30, significantly lower than today.

Surely it cannot be cost effective to reconsider all the options that the Joint Committee has already considered. What is needed now is to move on. However, there are issues to address. The first is cost. We are already concerned about the high cost of the work that is required here when other urgent work is required around the UK. However, I welcome the Motion before us, which recognises this issue and the recommendations regarding it. As other noble Lords have said, this is not about us. I certainly recognise that if we move out in 2025 and come back five years later, I will be 71 at that point and I think other noble Lords may be slightly older. However, with 8,000 staff, around 15,000 pass holders and hundreds of thousands of visitors coming to this place, either as tourists or for meetings, we have a duty of care, and that duty extends to the future. We are the trustees and custodians of this building for future generations.

Secondly, continuing to patch and mend would be shockingly expensive. I was interested that the noble Lord, Lord Norton of Louth, had drafted some Parliamentary Questions on this and received Answers that showed that the Government cannot even give estimates for the future because the scale of deterioration is so great that it is hard to estimate what the costs might be.

We need to examine the opportunities carefully. Around three-quarters of the total cost will be in the mechanical and electrical work, both in equipment and of course in the labour that is required. As my noble friend Lord Blunkett emphasised, we should charge the sponsor board and delivery authority not just with ensuring value for money but with maximising the opportunity for companies across the UK in both providing labour and manufacturing. There is a huge opportunity for high-quality apprenticeships in various trades. Many noble Lords made the point about future planning and future-proofing, and said we should not build in works that are going to be obsolescent. We should also introduce the highest environmental standards and most up-to-date technology to examine all the ways in which we can ensure the lowest running and maintenance costs in future as well as the ongoing long-term savings that can be made.

I endorse the comments by the noble Lords, Lord Maude and Lord Carter. This is primarily a place of work that seeks to welcome visitors, but we need to provide a better and safer work environment for all those who work in it. The noble Lord, Lord Maude, spoke of the rabbit warren of narrow corridors and staircases. When he said that, I was reminded of a visit by a five year-old friend of mine, Sam Parker, a Harry Potter fan, who came here recently. As he looked around the building, he looked up and exclaimed, “Oh, it’s Hogwarts!”.

We have an opportunity to ensure that Parliament abides by the laws that we pass but do not follow regarding disability. I thank the noble Baroness, Lady Brinton, for her comments on this. It is a great strength that our Parliament is so open and accessible to visitors, and we should grasp the opportunity to improve that and provide for people with disabilities, including limited mobility, sight or hearing. As my noble friend Lord Blunkett said, we should design for democracy.

I think the noble Baroness the Leader will have heard the House. The message is loud and clear: the time for delay is over. We need to appreciate that there will be planning time, but I think she has also heard that many think that 2025 provides quite a lot of planning time, and there should be a robust and energetic approach to moving forward. If, as the noble Lord, Lord Lisvane, said, there is any question of putting this debate off to reconsider it later, I think the message is loud and clear that Parliament expects that we should be taking action now.

Finally, I feel extraordinarily fortunate to have spent so much of my working life in and around this building. I can still remember, as I am sure many others can, the excitement of visiting as a teenager with my school, never once dreaming that I would one day come back again as a Member of the other place and now of your Lordships’ House. Over the years, I have brought in hundreds of guests, mainly as a guide for my former constituents, and I have loved their enthusiasm for this great and historic building. I want future generations to experience that same excitement and for us to acknowledge the history of this iconic building, but it must also be a living, working Parliament relevant to the future.

I was touched by the comments of my noble friend Lady McIntosh. She said that we have to honour the past and protect the future. The time has come for us to get on with it.

European Union (Withdrawal) Bill

Baroness Smith of Basildon Excerpts

Tuesday 30th January 2018 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, we are considering this legislation in unprecedented circumstances. Whatever one’s views on Brexit, this country has embarked on a process of fundamental constitutional change with deep and far-reaching consequences. Brexit is a process, not an event. It is not just a government process, but a parliamentary one that will involve at least 10 Acts of Parliament and around 1,000 statutory instruments, with numerous Statements, debates and committees examining the detail. Yet, at a time when the country really needs strong and stable government, we have instead consistent and persistent reports of a weak Prime Minister buffeted from one position to another as she tries to bring order to the warring factions in her Cabinet.

Before us we have a Bill that started as the great repeal Bill, then became just the repeal Bill, and is now the European Union (Withdrawal) Bill. None of them does what it says on the tin. A better title might have been the “EU (Transposition and Interpretation) Bill”. That is not just a quibble over semantics but a recognition of the importance and the technical nature of the legislation before us, and why we are so concerned that it should be fit for purpose.

Yesterday, our Constitution Committee published its report. We are grateful to it for doing so in time for today’s debate and the weeks of Committee ahead of us. I am sorry that the noble Baroness did not make more reference to the report.

While the principle of whether we leave the EU is, for many, ideological, the detail of the Bill is not. It is not about leaving or even just about how we leave the EU; it is also about how we maintain domestic legislation in the future. It will introduce a third category of legislation, in addition to primary and secondary, of retained law. That is the body of law that currently applies here in the UK through our membership of the EU, but has been introduced in different ways, and which the Government now seek to convert into domestic legislation. It is a relatively straightforward concept, but the scale and complexity is unprecedented.

Our Constitution Committee reports that while the Bill’s aims are valid, as drafted it is constitutionally unacceptable. However, amendments could address the deficiencies while maintaining the fundamental principles, particularly the sovereignty of Parliament. The Bill seeks to ensure that, following exit from the EU, there is legal continuity and certainty in our legislation. It seeks clarity in the application of laws on, for example, environmental protection, consumer protection, and rights at work.

Noble Lords are all grateful to the Constitution Committee for its pragmatic suggestions for amendments to achieve the objectives of the Bill. We all want to avoid this becoming a fiendishly complex process that weakens both parliamentary sovereignty and legal protections that our citizens rightly take as granted. During the passage of the Article 50 Bill, the Prime Minister constantly argued that she wanted a “clean Bill”, as if amendments somehow made legislation dirty and impure. Listening to the debates in the other place, and also the conciliatory comments from the noble Baroness the Leader and the noble Lord the Minister on TV at the weekend, I hope we have now moved on from such ridiculous notions and the accompanying sabre-rattling that we have seen before.

The Government have pledged to table amendments to address issues such as the devolution settlement and MPs across the Commons have said that this House can be helpful on unresolved issues. We have even seen rare harmony on the Conservative Benches as the former Attorney-General Dominic Grieve, the Father of the House of Commons, Ken Clarke, and the Brexiteer, Sir William Cash, all urged your Lordships’ House to deal with outstanding concerns, including the future role of judges in interpreting EU law. I welcome the compliment from Leader of the House of Commons, Andrea Leadsom, when she said last week that noble Lords,

“play a very important revising role, for which we are grateful and they have expertise that we in this House benefit from”.—[Official Report, Commons, 25/1/18; col. 414.]

We welcome that opportunity. However, before some get a bit carried away, I give a brief constitutional reminder that any amendments passed by this House provide a further opportunity for consideration by MPs, who have the final say. For those who criticise that role, I re-emphasise a point that I have made before. The process of Brexit is too important and complex to be left to those who have no doubt, because only doubt brings questioning, and it is only through questioning that we examine an issue enough to get the detail right.

Too often, the Government have put off tough decisions. For example, as we have heard in our questions, the financial services sector is crying out for the Government to publish a future partnership paper, to provide some certainty to allow for future planning. Yet none has been forthcoming and ministerial responses were complacent at best. With 19 months having passed since the referendum, it is unacceptable that the Government have not yet got a grip on the issues facing Northern Ireland, our Crown dependencies and our overseas territories.

We have not yet seen a credible way of solving the Northern Ireland border issue, given the Prime Minister’s flawed ideological position against a customs union. We still do not know the Government’s plans for the future of Gibraltar, and even yesterday the Minister side-stepped the question of a potential Spanish veto on its inclusion in the new UK-EU relationship. Even now, the Cabinet still has not had that essential discussion on our future trade relationship with the EU. These issues cannot just be popped into the “too difficult” box with the notion that, somehow, we just have to leave and it will be all right on the night. It is rare—this may never happen again—that I offer sympathy to the Chancellor of the Exchequer, Philip Hammond. But the public attacks on him from his own party, for stating a moderate view of how we manage future trade with the EU 27 countries, are absolutely shocking.

The time for slick soundbites to pacify extremists has long gone. Instead of vague superficial statements of a “global Britain”, “Brexit means Brexit” and now the appalling “buccaneering Brexit”, we have to deal with the reality and the nitty-gritty of the detail. That is the test for this Bill and the Government. I am grateful to the noble Baroness for her words about a new committee for dealing with the massive number of SIs and look forward to discussing that with her further. We called for such a committee and consider it essential. However, I have also raised with her and others the need to do a bit more. Given the timescale, and the volume of legislation, I have suggested that early drafts of SIs should be published for consultation, purely on accuracy, even before being brought to Parliament. There would be no delay, and it would provide an extra layer of inspection to ensure that the detail is correct.

I ought to say something about the amendment in the name of my noble friend Lord Adonis. A similar amendment was considered by your Lordships’ House when we debated the Article 50 Bill, and I suspect that we may have another at later stages of this Bill. Although a further referendum is not something I am attracted to at this stage, for a number of reasons, I really do not think that this is an appropriate amendment on Second Reading or that it fits into this Bill, given the nature of the issues before us. Should he put it to a vote tomorrow, I do not intend to vote.

This is not a Bill that would have been brought forward by a Labour Government, so I want to share the key, but not exhaustive, areas where we consider that changes are needed to ensure good governance and the maintenance of legislative protections for our citizens. The Bill must facilitate transitional arrangements on the same basic terms as now, including continuing our participation in both the single market and customs union, and the legal basis and regulatory alignment that underpins them. We should recognise that organisations as diverse as the CBI and the TUC are both urging the Government on this. The Bill needs to ensure that key workplace, consumer and environmental protections cannot be diminished without proper parliamentary scrutiny and process. Despite great interest in Tudor history, the use of Henry VIII powers is excessive. I hope the Government recognise that they must scale back on the scope of such unprecedented and sweeping delegated powers being granted to Ministers and safeguard parliamentary democracy. The legitimate concerns of the devolved Administrations regarding powers repatriated from Brussels must be addressed and we look forward to seeing the Government’s amendments in Committee.

We certainly would not have excluded the European Charter of Fundamental Rights. It is worth noting that the Brexit Secretary himself relied on this when, in 2015, he took the Prime Minister to court. The Government’s unnecessary ideological exception causes confusion and uncertainty and we look forward to hearing from my noble and learned friend Lord Goldsmith on this issue. Despite the welcome addition of Dominic Grieve’s amendment requiring an additional statute, the Bill must set out how Parliament will play a truly meaningful role in the process, including if we face the most catastrophic of possible outcomes, that of no deal. After my noble friend Lady Hayter speaks tomorrow evening, I sincerely hope the Minister will be able to confirm that he is not under orders to return a so-called “clean” Bill with no amendments other than his to the other place.

Like many others in your Lordships’ House, I have carried that ministerial folder with its pages and pages of briefing, the questions and answers, the lines to take and notes on elephant traps. But, all too often, the first line of advice on any amendment says, in capital letters and bold print at the top of the page: “RESIST”. We have all been there. I have confidence that the Minister will want to listen to the House and to different points of view. I urge him to see this as a real opportunity for the Government to avail themselves—as Andrea Leadsom said—of the genuine expertise that is on offer.

I conclude with a final appeal to the Government for some certainty: certainty for individuals whose everyday lives interact with the hard-won EU rights and protections that we fought for, whether when at work, buying goods or enjoying this country’s open spaces; certainty for businesses that fear, without confirmation of a transitional period on current terms, falling off a regulatory cliff edge in just over a year; and certainty for Parliament as to its role in this process and for the judges who will have to interpret the law that this Bill enshrines.

Independent Complaints and Grievance Policy

Baroness Smith of Basildon Excerpts

Thursday 21st December 2017 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness for bringing forward the Statement. I realise that it has been an intensive work programme for members of the working party and we are grateful to them for the work they have undertaken. However, it is important that the deliberations of the working party are confidential. Obviously there is a great deal of public and press interest in the outcomes, but that is not necessarily the same as the interest in getting things right. They need space to be able to do that. The task that has been set is to ensure that good policies and practice are in place so that problems can be deterred and a proper course of action is available where something goes wrong and deterrence fails. Wide consultation on this is important. I understand that there are still those who are being consulted, which I welcome.

Your Lordships’ House is less well represented on the committee than is the other place—that is a comment not on the quality of the representation but on its number, I hasten to add—with the noble Baroness and the Convenor of the Cross Benches, the noble and learned Lord, Lord Hope, representing us. I hope that that can be taken into account, with wider consultation of your Lordships’ House as the working party progresses.

I reiterate the point—I made it when we discussed this matter previously—that there is a need for this work to proceed without any undue delay, but there is that responsibility to consult, to engage and to ensure the workability of the proposals. We also need to be able to monitor the effectiveness of what the working party comes up with and seeks to implement. I also reiterate how essential it is that an independent and qualified sexual harassment adviser is in place as soon as possible—I think that everybody would agree with that; it does not need to wait for the outcome of the working party.

Someone who makes a complaint needs support in doing so. I noticed the comments in the report about rape and about advice being given, including if somebody chooses not to go to the police. It is worth noting that very few women who are subjected to rape have as a first point of call gone to the police. They need an adviser and support to be able to do that. Harassment in any form is not something that people come across very often. When they do, they need advice and support to be able to report it and the confidence to do so.

I also welcome the independent HR service for staff. I would advise all staff to be in a trade union. I hope that there will be consultation with all the trade unions which represent staff across the parliamentary estate. I appreciate that one trade union and a staff association are on the working party, but many other staff are represented by other trade unions and they should be consulted as well. Can the noble Baroness confirm that HR advice will be available also to those who are employers, ensuring that best practice is available to them?

Can the noble Baroness say something more about “voluntary and mandatory training”? If training is to be voluntary, I am not sure how we can be confident that we have in place people who are trained in the process and understand it. How will such training be delivered? I have heard a reference to e-training. Those of us who have had any responsibility in this House for fire training will know that it is not always as easy as it sounds to ensure that Members undertake appropriate training. How can that be done?

On the code of conduct, I hope that our own commissioner and committee on standards will be consulted on this policy prior to it going forward. The position of Peers is somewhat different from that of MPs. We would want to ensure that we were fully engaged. Can I have an assurance that our commissioner and committee will be consulted, particularly with reference to sanctions?

As a party, we have found that policies cannot be static on an issue such as this; they can always be refined and improved in light of experience. We have sought that confidence by taking the advice of an independent QC with experience in these issues. Will the working party ensure that Parliament does the same?

Getting this right is very important for the confidence of everybody on the Parliamentary Estate and those who wish to work here in the future, as well as for the confidence of the public in the institutions of Parliament. A flawed policy would be the worst possible outcome. There has to be a policy in place that has the confidence of those who may be thinking of making a complaint and those who may be complained against. It has to have the confidence of everybody to ensure that it is workable.

I welcome this interim Statement. We want to support the committee in its further work and engage in further consultation to ensure that we have a policy that is fit for purpose, a policy that will inspire the confidence not just of Parliament but of the public as well.

[Lord Newby (LD)]

I too thank the noble Baroness for repeating the Statement, but more significantly for the work she is undertaking, along with the noble and learned Lord, Lord Hope, on the committee. I gather that the group has met 11 times so far and not all the meetings have been short. The members of the group have taken on a very significant commitment and we are very grateful for their work. I think they are finding that it is a lot more complicated than it looks, because of the plethora of employers and the different sorts of case that might arise. At one level it is relatively straightforward, although not totally straightforward, dealing with complaints that take place with a single employer, whether it is members of staff or members of an individual political party. The problem that arises here is when you have people involved from different areas—members of House staff and members of parties. This is why we are going to need a twin-track system in place under which the parties will retain disciplinary procedures but there is also an independent route for when a potential case of harassment involves a perpetrator and a victim from different parties. Getting that right is going to be extremely important.

I stress the importance in all of this of changing the culture of Parliament. It is vital, of course, that we put procedures in place to deal with cases that have occurred, but the main benefit of this whole process, we hope, will be to help to change the culture of Parliament. A number of proposals which are being worked up will help to achieve this: the behavioural code will help; the mandatory training will help, although I echo the comments of the noble Baroness, Lady Smith, that this must not be just e-training. I have tried three times this morning to complete the fire training, only to have the system block me. My response now is to question whether I am going to do it at all. In any event, there is inadequate assurance, in my mind, that people have got the message if they are just doing a cursory bit of e-training.

People need to understand that coming to work here requires a particular standard of behaviour, which at the moment, they clearly do not. The decision, for example, to close the sports and social club sends something of a message about the way we want people to behave, but that is only one of a range of things. My main plea to the noble Baroness as she and her colleagues continue their work into the new year is that we must put as much stress on the culture of the place, so that we have fewer of these incidents to worry about in future, as we do to making sure that the procedures for dealing with them are as good as they can be.

[Baroness Evans of Bowes Park]

I thank the noble Lord and the noble Baroness for their comments. I shall keep my comments relatively brief because I am not sure how much longer my voice is going to hold out. Certainly, we want wide consultation. It is critical that we have everyone on the parliamentary estate brought into the new procedures, so I hope I can reassure the noble Baroness and the noble Lord that there will be further consultation. I hope that the noble and learned Lord, Lord Hope, and I have been giving a strong voice to your Lordships’ House in the committee. I accept that we are smaller in number than our colleagues in the other place, but of course we want to make sure that Peers are properly represented. There will be much further consultation to be done and quite a lot of this will be done in stages: some things can be done quite quickly but some things will take longer. There will be a lot of opportunity for other people to get involved as and when they can.

I certainly agree with the noble Baroness’s comments about the need for a new independent sexual violence advocate. Certainly, the majority of the evidence we have had from the experts is that many victims do not want to go to the police initially and they really do need support and help. That is absolutely critical and we are mindful of that. We are very keen to get that up and running as quickly as possible.

I want to stress how extremely valuable the staff representation on the group has been. We have had two unions represented—Unite and the NUJ, which is linked to the SNP—as well as MAPSA. They have been excellent in representing staff views and bringing them to us. They have undertaken surveys of members—

[Baroness Smith of Basildon]

I am sorry to interrupt the Leader but has she made an error? She said that the NUJ was linked to the SNP.

[Baroness Evans of Bowes Park]

I am sorry, I meant that the SNP’s staff tend to be members of the NUJ. That union came in because the SNP staff in the other place are largely represented by it. The unions have been extremely helpful. They have undertaken surveys and have also brought staff members to give evidence to the committee. Their voice has been very strong. Of course, it is absolutely critical that the staff are brought into this process and will be consulted going forward.

The noble Lord and the noble Baroness both mentioned training. Indeed, there has been a range of views on this. They are right: it is how we encourage people to take up training and determine what kind of training is most appropriate. That is why that is something that we will be returning to. No doubt we will seek wider views to try to ensure that we get that training package absolutely right.

I can confirm that the commission will indeed be consulted. I think the hope is that I might be able to do a further update to the commission when we meet in January but certainly we will consult the commission. Obviously, if there are any changes to the code or any other procedures, the relevant committees in this House will be involved, as will all Peers where we need collective agreement.

Finally, it has proved extremely complicated, as the noble Lord said, but we have made good progress. But I entirely agree with the noble Baroness that a flawed policy would be the worst outcome. That is why we have been working hard. We will continue to work hard and we really hope to see some real changes being made in short order.

European Council

Baroness Smith of Basildon Excerpts

Monday 18th December 2017 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness for repeating the Statement. The past couple of weeks have been very eventful for the Government. The Prime Minister has travelled to Brussels three times. On the first occasion, she returned empty-handed because of her partners in the DUP. The second was a last-minute dash across the channel for breakfast with Barnier to save the deal that allowed for progress to phase 2. Now, on the third occasion, she returns home early as the UK once again has to sit out the second day of a major EU summit.

When the Prime Minister returned last week to make her Statement to Parliament, for one, brief, shining moment, her Cabinet was united. Some on the Tory Benches even found themselves echoing the warm words of EU figures such as Donald Tusk and Jean-Claude Juncker. We all paid tribute, quite rightly, to the Prime Minister’s tenacity in securing a sufficient-progress decision, first from the Commission and then from the European Council.

Unfortunately, the Cabinet unity was short lived and gave way to a weekend of unsanctioned briefings and policy proposals. Yet again, the Foreign Secretary used a newspaper interview to engage in an open conversation with the Prime Minister, with a warning that she should not seek to maintain full regulatory alignment with the EU to avoid the UK becoming what he described as “a vassal state”. The Environment Secretary suggested that the Tories should abandon their manifesto commitment to keep EU-derived employment and workers’ rights and scrap the vital protections contained in the working time directive. Such briefings from Cabinet members are not only unhelpful and undermine the Prime Minister and her Government, but could damage the UK’s wider interests.

Despite the positive news that EU leaders gave formal approval for the launch of phase 2 talks, the summit served as a reminder that, while we focus on our withdrawal from the EU, the EU is focusing on its own challenges and shaping its own future. Important discussions took place on co-ordinated efforts to stem illegal migration; the need to increase the resilience of the economic and monetary union; education and culture; and climate change. While Theresa May confirmed the UK’s intention to remain a part of Erasmus+ until 2020, the EU27 took decisions on the longer-term future of that programme and many others. The conclusions also feature important commitments to the implementation of the Paris agreement, the continuation of sanctions against Russia, and restating the agreed position on Jerusalem and a two-state solution. To give the Prime Minister credit, she has spoken out on these issues, but will the Leader tell the House whether President Trump has returned the Prime Minister’s call from last week? If he has, what discussions took place regarding Israel?

It is quite an irony that while Michael Gove prepared to launch his broadside on EU-derived workers’ rights, EU members committed to implementing the European pillar of social rights, accelerating important social initiatives already in progress at national and EU levels, and taking renewed action to tackle the gender pay gap. I suspect that the Prime Minister might have a particular interest in the last area, given last week’s revelations of a significant gender pay gap among special advisers at No. 10.

Returning to the Brexit negotiations, it is clear that the second phase will be challenging and needs good will and trust on all sides. In that respect, I repeat my comment from last week, to which I have already alluded: the Cabinet must stop freelancing and the Prime Minister must insist that her Ministers back her. David Davis’s mixed and contradictory messages last week were unhelpful. I hope that at the next Cabinet meeting, which I think is tomorrow, the Prime Minister will be able to ensure that all Cabinet members are prepared to accept the principle of collective responsibility and accountability, even during the upcoming Christmas Recess.

Tomorrow, the Cabinet discusses our future relationship with the EU. Perhaps because of deep divisions, it has taken 18 months for that discussion to take place. The clock is ticking down. It is clear that a transitional period will be possible only if there is high-level agreement on a future relationship that can be struck in the EU’s original timescale, but with phase 2 talks beginning shortly it is essential that these discussions are productive and that the Government can set out their end goal, engage with the public to explain it, urgently communicate it to the EU and remain committed to securing that outcome.

Assuming that consensus is achieved at tomorrow’s Cabinet meeting—that might be a big “if”—will the Minister confirm when the UK expects to communicate its detailed wish list to Parliament and to Michel Barnier’s team? The noble Baroness will understand why I raise this key point again: businesses are making decisions now about their future regarding location and employment issues. Will she confirm the terms that the UK is seeking for the transition period? In the light of the comments made from the EU side that it would not extend transitional arrangements to Gibraltar, will she confirm that the Government will challenge that position?

The noble Baroness referred to Northern Ireland in the Statement. What we have heard on Northern Ireland so far has been nothing beyond the aspirational. Will she tell us what practical considerations have been made and what decisions are being taken to ensure there is not a hard border, given the Government’s commitment to saying it cannot remain in the single market and the customs union? Some of us are struggling to understand how that can be achieved.

The Prime Minister’s very welcome commitment on Erasmus+ was in the context of only the current Budget. When can universities and students expect certainty on their ability to participate in the programme post-2020?

Last week, the noble Baroness disappointingly confirmed that the joint report does not cover onward movement of UK citizens living elsewhere in the EU but said that this would be revisited in phase 2 of the negotiations, yet today’s Statement refers to UK citizens’ rights being “protected”. Can she reflect on that? “Reciprocal agreement” implies equal status between citizens of the EU and citizens of the UK. However, a Commission memo published on 12 December suggests that UK citizens will have to rely on limited rights under the Blue Card directive or the ICT/students and researchers directives to settle in another member state. I would be grateful if the noble Baroness could comment on this and give a definitive answer on whether the Government expect to maintain and secure full onward movement rights for UK citizens in the EU. If not, the Statement is possibly not being entirely accurate in saying that UK citizens’ rights will be fully protected.

The Prime Minister said in her Statement that until the UK withdraws from the EU, it continues to play a full role in meetings. Can the noble Baroness therefore say whether the Fisheries Minister, George Eustice, last week left the Agriculture and Fisheries Council early to attend votes in the Commons? If so, has there been any detrimental impact on the UK fishing fleet or has it lost out on access to any EU quotas as a result? Or did it really not make any difference?

[Lord Newby (LD)]

My Lords, it is the time for end-of-term reports, and this Statement represents that of the Government in respect of Brexit. Like the assiduous student that she was, the Prime Minister has carefully presented her course work. She has one agreement to show for almost nine months of negotiations since the triggering of Article 50. It is in three parts. The Government have agreed to honour their financial commitments—good, but this was merely bowing to the inevitable. They have agreed to allow EU migrants to stay in the UK—good, but this principle was never seriously in contention. They have kicked the Northern Ireland problem down the road—bad, but given the fundamental incompatibility contained in the Government’s position, this is an inevitable delay until or unless the Government work out what they want their trading relationship with the EU to be.

In terms of legislation, we are to have at least eight Brexit Bills and 1,000 statutory instruments before March 2019, and in reality many of these will be needed well before then. Yet not a single piece of primary legislation, far less a single statutory instrument, has been enacted and no Brexit-related Bill has even completed its passage through a single House. It is extremely difficult to see how the Government plan to get all this legislation through in a timely manner, but given the importance of the subject matter, can the Leader of the House give us an assurance that the Government will produce their proposals in time for both Houses to deal with them properly and within the normal conventions on timetabling?

As far as the future trading relationship is concerned, and indeed on a host of other issues, including the Government’s attitude to ongoing migration to and from the EU, it is pointless pressing the Leader on the Government’s attitude because they literally have no policy. Can she, however, confirm that last week’s agreement means that Northern Ireland citizens who retain their EU citizenship will have more rights than other UK citizens? If, as I believe, this is so, it will be deeply offensive to many people. Given that the noble Lord, Lord Callanan, said to your Lordships’ House last Monday that,

“we are not ruling out”—[Official Report, 11/12/17; col. 1368.]

UK nationals retaining EU citizenship, will the Government now positively propose to the EU that UK citizens will be able to retain their EU citizenship so that the majority of us are not reduced to second-class status in comparison with our Northern Ireland compatriots? Given that when the Government do eventually adopt a policy on our future trading relationship with the EU this will be of fundamental importance to the Brexit negotiations, and indeed the country’s position going forward, will the Leader of the House give an assurance that both Houses of Parliament will be able to have a full debate and vote on the Government’s proposals before they are transmitted to the EU? Would not anything less be inconsistent with Parliament taking back control?

In order that people at large might have a clearer understanding of the consequences of Brexit for the economy, will the Leader now seek to persuade the Prime Minister and the Brexit Secretary to publish the infamous sectoral reports? They contain nothing which is commercially sensitive or could jeopardise our negotiating position and there is no reason why everyone should not be able to see them. The current arrangements for parliamentarians to see them are disproportionately restrictive and should in any event be relaxed, but the documents should simply become publicly available. The only conclusion one can draw from the Government’s current approach is that they do not want people to see how complicated Brexit will be in practice or to understand the depth and beneficial nature of our current economic relationships with the EU.

Finally, will the noble Baroness confirm the estimate in today’s Financial Times that Brexit is already costing, not benefiting, the UK some £340 million a week, as a result of lower growth which has flowed from the referendum result? It is very tempting at this stage of the term to give the Government an overall mark for their term’s work, but I fear that that would be embarrassing. I simply pose the question asked by many a frustrated and disappointed supervisor: “Don’t you think it would be better if you took another course?”.

Brexit Negotiations

Baroness Smith of Basildon Excerpts

Monday 11th December 2017 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I am grateful to the noble Baroness for repeating the Statement. I listened with interest when she said that there was now a new sense of optimism, because, if ever the term “political rollercoaster” was apt, it has to be now.

We welcome an agreement that—subject to this week’s European Council—allows the UK to proceed to the next stage of these talks, allowing exploration of what the future relationship will look like and providing certainty about how our exit will impact individuals, consumers and businesses. It is important now for negotiators not to have their hands tied by unhelpful and ephemeral red lines, but to keep options on the table. Swift progress on a time-limited transition, rather than implementation, is essential. We have always said that these negotiations are complex. On both sides, integrity and honourable behaviour are essential, as is competence. The Government must be serious in both intent and actions—and that is all the Government, not just some Ministers. There can be no freelancing on this and the Prime Minister has the right to insist that her Ministers back her.

Last week, many of us cleared our diaries for Tuesday in expectation of a Statement regarding an agreement on a deal with the EU that would allow us to progress to the second crucial phase of the Brexit negotiations. On Monday evening, it became clear, in the most spectacularly embarrassing way, that such optimism was misplaced, as the Prime Minister’s DUP colleagues who keep her in government would not support the arrangements. It is hard to understand how such a humiliating failure could have been allowed to happen. But then, after renewed and long, intensive discussions by the Prime Minister and her team, it was finally announced that the Government had reached agreement with the EU to move to phase 2. We welcome the fact that talks will move on. However, there is a fear that this seems to be unravelling quicker than a hand-knitted Christmas jumper.

Can the noble Baroness confirm the status of the agreement that has been reached? Yesterday the Brexit Secretary, David Davis, said that the agreement was not legally binding unless there was a final deal and that it was instead a mere statement of intent. Today, however, he said that the agreement is a legal guarantee that will be honoured whatever the outcome. Which is correct?

Is this agreement conditional or not? In all three areas—the honouring of obligations through the financial settlement, on citizens’ rights and the border with Ireland—there needs to be clarity on whether there is a genuine, lasting agreement or a possible agreement dependent on the next stage of negotiations and our future relationship with the EU 27. That has to be made crystal clear so that there can be no misunderstanding at any time. In her response the noble Baroness may find it useful to clarify the implications for this agreement of the phrase:

“In the absence of agreed solutions”,


in paragraphs 49 and 50 of the joint report with regard to the border with the Republic of Ireland.

Given that the European Council has yet to formally accept the Commission’s recommendations, does the noble Baroness consider that the comments by David Davis will help or hinder in future negotiations? Even today he confessed on the radio that, “I don’t have to be very clever. I don’t have to know that much. I do just have to be calm”. That does not seem to be a great strategy for proceeding. Across the country many businesses do not feel at all calm. They need certainty to plan for their future, and the Government have a duty to provide such certainty. Given that the Brexit Secretary is all over the place and hardly a safe pair of hands, can I seek assurances that there is now ongoing engagement with the European Parliament given its role in advising the Commission and the Council, and its power of veto on the withdrawal agreement?

The Prime Minister previously declined an invitation to address the European Parliament and recently had her session with its Conference of Presidents cancelled at the last minute due to political group presidents being unable to find diary space. Can the noble Baroness indicate whether the Prime Minister has scheduled a new meeting with representatives of the European Parliament given the importance of engaging with them? To return to a point made earlier, does the noble Baroness also agree that when continuing such negotiations it is unwise to set unrealistic red lines?

The Commission’s communication to the European Council notes that “significant divergences remain” on future governance and enforcement and, specifically on the border between Northern Ireland and the Republic of Ireland, it questions the agreement regarding the border. On page 9 it says that the intention to avoid a hard border,

“seems hard to reconcile with the United Kingdom’s communicated decision to leave the internal market and the Customs Union”.

I heard what the noble Baroness said regarding Northern Ireland. Can she tell us whether this is a commitment, an agreement or merely a statement of intent?

The Government’s future partnership paper outlined a number of potential dispute settlement methods without committing to or endorsing any of them. Can the noble Baroness tell us when we can expect the Government to commit to a specific approach?

On citizens’ rights, both the joint report and the Prime Minister’s open letter to EU citizens earlier today leave many questions unanswered. For example, when will this new independent national authority—I have never heard of it before—be created, and will separate primary legislation be required? It was not mentioned in the previous Queen’s Speech. Clearly, there has been some consideration of its role; how much will it cost? The noble Baroness spoke of significant amounts of money coming back to the UK that would not be spent in Europe, and I recall that significant financial savings of £350 million a week would be made available to the National Health Service. Can she tell us specifically how much of that will be spent on this new agency or authority?

The Prime Minister’s Statement talks of,

“a fair and reciprocal deal that will guarantee the rights of more than 3 million EU citizens living in the UK and 1 million UK nationals living in the EU so they can carry on living their lives as before”.

Can the noble Baroness confirm whether this is absolutely accurate? The joint report makes no reference to preserving the ability of UK citizens living in the EU 27 to continue moving freely between those countries. For example, will a UK citizen working for a company in Frankfurt with offices based in Milan and Paris still be able to be posted to any of those offices to live and work or will it just apply to the country that they live in now?

Finally, in my lifetime there has been no more important negotiations for the future of this country than these. We need wisdom and thoughtfulness, not just wishful thinking. Take the events of the last week or so, particularly those over the weekend. Not only do they not inspire confidence for British business and in Parliament but, equally seriously, they may damage our reputation and standing with the other EU countries. When the noble Baroness is sitting round the Cabinet table with her colleagues later this coming week, will she read the riot act to squabbling, inconsistent Ministers? It is not just themselves and their party that they are damaging but the national interest.

[Lord Newby (LD)]

My Lords, I begin by congratulating the Prime Minister on an achievement which many —including many of her colleagues—thought was impossible. She has survived to fight another day and on that she is to be congratulated. The deal she struck last week, however, is not the stuff of congratulations. Before we look at it, can the Leader of the House confirm its status, to take up the point made by the noble Baroness, Lady Smith? Is it a mere “statement of intent”, which the Brexit Secretary believed it to be yesterday, or “more than legally enforceable”, which he believes this morning? Or does its status change with the Secretary of State’s mood?

There are three main pillars of the deal, and the first is citizens’ rights. Friday’s agreement confirms that there will be no certainty until any final deal is reached, leaving EU citizens in the UK and UK citizens in the EU as continuing bargaining chips. How then can the Prime Minister claim that this is her top priority? This uncertainty is compounded by the provision that all 3 million EU citizens in the UK will then have two years to submit applications for registration. Until these applications are satisfactorily processed, their status will be unconfirmed. Can the Government give the 3 million any assurances as to when they hope to complete the registration process? A charge is payable also by those who currently do not have permanent residency. How much will that charge be and how many people do the Government estimate will have to pay it?

On the financial settlement, the Government argue that the payment will be up to £40 billion. Can the Leader confirm that this figure does not include over £10 billion of contingent liabilities and could, therefore, be significantly greater?

I have mentioned so far issues that are capable of resolution, albeit at significant cost. The issue of the Northern Ireland border is not. As Jonathan Powell put it in Saturday’s Financial Times:

“In fact, the problem of the border is not resolved at all but simply left hanging”.


The Government’s preferred solution to the border issue appears to involve agreeing with the EU that we remain effectively, if not in name, inside the single market in terms of rules and regulations. In other words, we will supinely accept whatever rules the EU adopts. Can the Leader confirm that this is indeed the Government’s preferred outcome? If so, will she accept that far from taking back control of our markets and trade, we have completely lost control, and in doing so made it practically impossible to carry out independent trade deals which improve on EU trade deals because we have agreed to follow EU rules?

One aspect of the Northern Ireland agreement is particularly troubling to me. People in Northern Ireland will retain EU citizenship. They will, in the words of Leo Varadkar,

“have the right to study in Paris, buy property in Spain, work in Berlin”.

They will also retain an EU passport. I and my children are denied these rights. I will be reduced to waving to friends from Northern Ireland, with as cheery a hello as I can muster, as they sail past me in European airport passport queues—they in the EU citizens’ line and me with the rest of the world. I will be furious, and I suspect that many millions of citizens of Great Britain will also be furious, when they learn that they have become second-class citizens in their own country.

However, despite all the flaws, the Government will now move on to the trade talks. I realise it is pointless asking the Leader what the Government hope the outcome will be as they have not made up their mind but, before they do, I suggest that she has a quiet word with the Brexit Secretary. In his interview yesterday on “The Andrew Marr Show”, he said that he would take the best bits of existing EU trade deals and,

“add to that the bits missing, which is the services”.

Could she point out that services represent 40% of our exports to the EU and that this share is growing rapidly? Far from being the bits which are missing, free access to EU markets for our service exporters would be vital to the economic prosperity of the UK were we to leave the EU.

The Prime Minister deserves a celebratory glass for surviving until Christmas. She should savour it because the difficult part of the EU negotiations is now about to begin.

Independent Complaints and Grievance Policy

Baroness Smith of Basildon Excerpts

Thursday 16th November 2017 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness for repeating today’s Statement. Before I make some general comments, I will put on the record my thanks to her because she pursued the issue of ensuring that the hotline—the reporting line—that is available to all members of staff in the House of Commons is also available to members of staff in the House of Lords. I know that she made a personal commitment to that and I fully support her on that. I am glad that the phone line is now available to Lords staff as well.

I am pleased that the working party is taking a proactive, robust approach in getting the first meetings and the subsequent meetings up and running, and scheduled so quickly. It is not all down to the House and Parliament as a whole, because individual parties must also review their processes and the support they offer. I am pleased that the Labour Party is appointing an independent, external adviser for both reporting complaints and to guide and support anyone affected by sexual harassment through our own party’s procedures. We also have an independent legal expert to review the Labour Party’s procedures and make recommendations of any further changes or progresses needed.

I mention this for three reasons. The working party cannot just respond to events: it has to have a clear process, which is what I think the noble Baroness was referring to—seeing what that clear process is. There has to be an evaluation of that process to ensure that it is respected and has the confidence of all parties involved, both those who make complaints and those who are subject to complaints. I also think the point about the guidance, support and advice is very important, because all the best processes in the world make no difference at all if there is no confidence in them and if people are not able to access or use them properly. Process on its own is not enough; it is about ensuring access to that process.

When people are reporting abuse—whether it is sexual, or inappropriate behaviour, or bullying—it is not easy and the first point of contact is often not the person who can take action or investigate it. So advice or reporting mechanisms have to be easily accessible and there has to be confidentiality in doing so. If it is a matter for the police, as the most serious cases would be, for so many people—I speak as somebody who was involved in Women’s Aid for many years—the first point of contact is not the person who can investigate a crime. It is often a friend, a colleague or their trade union. We have a duty of care to ensure that those people can engage with a friend or their trade union—somebody in a position who has a duty of care that can help and support them through the process. I emphasise that, whatever process is in place, there must be mechanisms, arrangements and indeed a whole infrastructure around it for support and guidance.

I have a few questions for the noble Baroness that I hope she can either answer or take into account and take back to the meetings. First, I would like clarification. I think she talked about everyone employed on the Parliamentary Estate, including the staff of MPs and Peers. What about the contractors who are employed not directly by Parliament but by agencies and third parties? Can we ensure that they are also included? The Statement referred to advice having come from experts on topics including violence against women and girls, employment law and best practice. Can she confirm that when we are talking about abuse, it is not just sexual abuse and bullying but also LGBT abuse and any form of racism at all? Abuse takes many different forms.

Secondly, I understand the need to move quickly, but it is worth spending the time to get this right. Planning well now to have the proper processes in place will avoid later problems in implementation. I am quite concerned that we should see a proper planning phase and then a swift implementation once we have got it right, not just a rush to judgment on the right process. If we get it wrong, the consequences for those who want to make a complaint and those complained about will be quite serious.

I am very pleased to see trade union representation on the committee. The noble Baroness will recall that last time I mentioned that my first piece of advice to anybody working in any environment is to join a trade union, because it can offer advice and has expertise in this area. For many who have a complaint to make, their trade union will be the first point of contact. I urge the noble Baroness to ensure that the role of the trade union representative is evident throughout the process, not just in the initial reporting for those who are members. Lastly, could she say something about the role, once the working party has come to its conclusions and has a process that it recommends, of the commissions of both the House of Commons and the House of Lords?

Working here in Parliament should be a great experience, and I think for most people it is. I worked for an MP for two years; we have remained friends for many years since and it was a wonderful experience. I want it to be a good experience for everybody. Somebody coming to work in Parliament should enjoy it, feel valued in the work that they do and feel that it is rewarding. I think most do—but, where that falls short and they do not, that is when action has to be taken and we must act. We in Parliament should set an example and aim for the highest standards.

I am grateful for the report today. I hope the noble Baroness will come back with further updates as the working party commissions its work. If she can answer my questions or write to me later, I will be very grateful.

[Baroness Hamwee (LD)]

My Lords, I, too, thank the Leader of the House for repeating the Statement. I pass on to her and the House the apologies of my noble friend Lord Newby, who is unavoidably—I stress unavoidably—not here.

From these Benches, we welcome the move to tackle harassment and abuse in Parliament, and agree that it is important—indeed, essential—to have an independent procedure. We believe it is important that the procedure and system are available to everyone who works here, so we welcome the inclusivity of what is proposed. We are keen for the cross-party working group to continue its work with maximum input from staff representatives. We, too, agree that it is vital that the new system comes into place as a matter of urgency but, like the noble Baroness, Lady Smith, we think it important that it is not so rushed that we make mistakes with the process. It is crucial that we get the process right and that we keep it and its implementation under review.

The need for diversity and for women in roles higher up in the structures in both Houses will not be lost on those who are speaking today. We are certainly working hard to achieve that within our own party’s structure. Like all parties, we have looked at our own procedures, which we have had in place for some time, to ensure that they are robust, competitive and fall in line with ACAS guidance. We are listening to our staff and our members to ensure that our procedures are truly effective and responsive.

I have a few questions. In the past, people have clearly been deterred from voicing complaints by the threat of these coming out in the media—or forms of media. What are the Government doing? Can they do anything to ensure that people are protected from this intrusion so that they feel able to come forward? Those who are more likely to have been or to be victims must not be punished either directly or indirectly for the actions of the perpetrators. After all, the responsibility lies with the perpetrators. What steps are the Government taking to ensure that victims do not feel any negative effects from having made a complaint?

What consideration is being given—the noble Baroness referred to this—to steps to be taken in the case of allegations that are later found to be unfounded? Our focus and concern is on and for the victims, and the starting point must be to believe what we are told, not to dismiss concerns, but that does not mean that there should be no concern for anyone who is accused and is subsequently found not to be a perpetrator.

I would like to add a personal comment. When we began to be aware of the abuses of power and position that have taken place, I felt very guilty. I thought, “How could I not have noticed this? Why was I not providing support?” It took about a week for me to remember that many years ago, I was subject to a minor act of inappropriate behaviour in the House. I realised not that I had put it out of my consciousness because it was trivial, but that I was so shocked that I buried it. That is what our minds do, and we need to recognise that the way people act when they have been subject to something so shocking is not necessarily what we might expect.

Sexual Harassment in Parliament

Baroness Smith of Basildon Excerpts

Monday 30th October 2017 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness for repeating the Answer to the Urgent Question today. It is clearly unacceptable and offensive to their office and to individuals for anyone, whether or not in a position of power, to act inappropriately towards another in a workplace. Such sexual and sleazy behaviour and abuse is highly intimidating for the person on the receiving end and it affects their colleagues.

This is not a party-political issue: it is a human and workplace issue that must concern us all. The workplace, especially here in Parliament, should always be one where the individual can give their best. No staff member or colleague should have to cope with or manage such inappropriate behaviour and no one should be frightened to speak up or make a complaint to do with any kind of harassment, bullying or sexual intimidation.

That means that the mechanisms for complaints, advice and support have to be in place. I welcome today’s Statement as a first step on this road. However, the third point of the guiding principles states that,

“the support team should have the ability to recommend onward referral of a case—to ensure appropriate investigation takes place”,

but I am not clear on how that will happen and what mechanisms the Government are suggesting or putting forward. Clearly the most serious complaints are a matter for the police but does the Leader of the House agree that, in dealing with any such complaints, the key has to be a process of good employment practices embedded in the whole culture of Parliament?

Does she further agree that it would be helpful for all political parties and the parliamentary authorities to publish their complaints procedures, so that anyone who finds themselves having to make a complaint can do so with the confidence of knowing how that complaint will be dealt with? Any such process has to be explicitly clear, sensitive and robust. I advise all staff and colleagues to be members of a trade union, which are experts in processes and procedures and are able to give advice.

Recent press reports of Ministers or ex-Ministers abusing their positions by behaving inappropriately damage not only those individuals but the institution of Parliament as a whole. From talking to colleagues I know that most parliamentarians treat their staff and colleagues with respect and decency and are appalled that such allegations have been made. However, there are those few who fail to meet appropriate standards. Parliament has always to aim for the highest standards.

[Baroness Evans of Bowes Park]

I thank the noble Baroness for her excellent comments. She is absolutely right that this is not party-political but a human and workplace issue. Certainly her tone shows that we can and want to work together to ensure that we tackle inappropriate behaviour and that Parliament is an enjoyable place where people can come to work and feel safe.

She is right that the key will be the mechanisms and process. That is why we have set out the direction of travel today but we will need to work through the commissions with the House authorities, at speed, to ensure that we get a robust—and legally robust—procedure so that when people come forward with these kinds of allegations, which can be extremely difficult, they know that they will be treated fairly and properly, and that their comments will be properly reflected and action taken.

I assure her that I am looking forward to working with leaders across the House, the commission and, of course, our colleagues in the Commons. We have been very clear that this needs to be two-House-wide, working together. We need to come together as Parliament to ensure that we get the right processes in place.

European Council

Baroness Smith of Basildon Excerpts

Monday 23rd October 2017 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, we are grateful to the noble Baroness for repeating the Statement. It serves to remind us how interlinked with the EU we are on so many issues, as she outlined. It is not just about having common interests; we are co-dependent on issues that affect not just our economy, but our safety, security and well-being as a nation. We also add our appreciation for the work of the Royal Navy for intercepting criminals involved in people trafficking and smuggling, and for the lives it saves.

At a previous European Council summit in June 2015 the former Prime Minister, David Cameron, said that the digital single market,

“is a prime example of where we need the EU to unlock the potential”,

of the,

“single market for the benefit of businesses and consumers”.

Since then, we in the UK have played a leading role in the EU’s approach. That has clearly been of great benefit, given the comments in the Statement, but can the noble Baroness tell us how we will continue to play that role in shaping policy, given that we will no longer have a seat at the table?

Important progress has been made since the last summit on security and defence across a number of areas, including cybersecurity, which is essential across Europe and here at home. Amber Rudd, as Home Secretary, has been very clear that it is totally unthinkable that we could crash out of the EU with no ongoing arrangements on those issues, yet David Davis, as Brexit Secretary, still maintains that leaving the EU without any deal must remain an option. Liam Fox is adamant that there will not be the Armageddon some have predicted, which implies that all will be okay. It will not. Surely we should aim for better than it just not being Armageddon. Will the noble Baroness clarify that, if no agreement were to be made on the key issues and we crashed out of the EU in what has been described as the no-deal scenario, it would not be business as usual on defence, security or policing? Does she accept that that scenario is the worst possible outcome and totally irresponsible?

Leading into this summit, the Prime Minister’s Florence speech was helpful. We welcomed the change in position and tone, but we await the details. She will be aware of the very deep unease from businesses about what the transition or implementation deal will look like. The importance and seriousness of this is highlighted by the strongly worded letter to the Government from the CBI, the Institute of Directors, the British Chambers of Commerce, EEF—the Manufacturers’ Organisation—and the Federation of Small Businesses. Surely even the most ideological and ardent of Brexiteers recognises the legitimacy of their concerns. With investment being held back, their warnings about the future of the economy must be heeded.

The transition period is now accepted by most as essential. I am happy to call it an implementation period if that helps. I also welcome the Government’s recognition of the so-called divorce bill, without which we cannot make any significant progress. However, the negotiations are complex. The Prime Minister is right to seek out opportunities for more informal discussions as well.

David Davis, the Brexit Secretary, was mocked in the House of Commons last month when he said that no one said Brexit would be easy. Yet that is exactly what Ministers, including him, said. Yesterday, Liam Fox defended his comments that securing a post-Brexit trade deal would be the “easiest in history” because apparently he was talking only about trade and the real problem is politics. Today, Boris Johnson jumped in feet first, as usual, telling EU leaders to “get on with it”. Perhaps Liam Fox is right that politics is the problem—not the politics of the EU, but of the Cabinet. There is no doubt that the progress so far is inadequate for the talks to move on formally to the next stage.

In recognition that some progress has been made, it has been agreed that preliminary talks about the next stage of negotiations should start. In effect, these are talks about talks. That is not, as some in the Cabinet appear to prefer, the EU being difficult; it is quite the opposite. What makes the negotiations harder for the Prime Minister is not the European Union, but her own Cabinet. Every time they speak out to contradict her, every time they speak out to attack the EU, the process or the progress, every time they fly yet another kite about what they think will win them votes in the next Tory leadership election, they seriously weaken her authority and undermine her ability to negotiate. The prime aim of negotiations is clarity about objectives, but for that the Prime Minister needs the Cabinet to unite or to choose one that will.

When Boris Johnson asserts that,

“the entire British cabinet is united around every dot, comma, and syllable of the Florence speech”,

we know he says that in full knowledge of the limits of his own credibility. That is also undermined by the Cabinet Minister quoted today in the press as saying:

“We haven’t grasped the nettle on the trade deal yet and we really have to soon. Theresa’s fear is that the moment we do, half of us will walk out—we just don’t know which half it will be”.


Such division and dysfunction at the heart of government weakens the UK’s position at every single point in negotiations. Given all that, we understand why the withdrawal Bill is now stalled. Can the noble Baroness give us any idea when it will be picked up again and when its Committee stage will start in the House of Commons, given the importance of the issues in the Bill?

On the three issues in the conclusions of the summit, first, we welcome the progress being made on citizens’ rights. It has taken far longer than necessary and the Prime Minister should recognise the urgency and bring it to a conclusion. Secondly, despite the optimism in the Statement, the progress on the Irish border seems a recognition of the issues that have to be resolved rather than a way of resolving them. Agreement on those principles is welcome, even essential, but it is the action that brings those principles into being that is important. What progress has been made on that?

The financial obligations—the divorce bill—are becoming confusing. The Prime Minister put a figure on the financial obligations in her Florence speech. Is there now a recognition that that is not the final word and it has yet to be negotiated? Finally, can the noble Baroness confirm that when David Davis talks about the timetable of the talks being “Barnier’s timetable”, it is in fact the timetable that he agreed back in June? It is as much David Davis’s timetable as it is Michel Barnier’s. I hope the noble Baroness will take the message back to the Cabinet that the frustration—not just of Parliament but of the whole country—with its antics is making it harder for the Prime Minister, and that she will be able to answer the questions I have raised today.

[Lord Newby (LD)]

My Lords, during the past week the Prime Minister has adopted two novel negotiating tactics. First, she decided on a personal diplomatic mission to the Commission, to be conducted over dinner. Yet according to reports, the meal lasted only just over an hour, which was barely enough time for a leisurely pizza, far less the sort of event that was likely to commend itself to the President of the European Commission. What was the purpose of this event, given its brevity and the lack of any new substantive proposals made at it by the Prime Minister? Secondly, the Prime Minister adopted the stance, “Please give me a good deal because my domestic parliamentary position is so weak”. Is the noble Baroness aware of any successful negotiations in which pleading one’s weakness has strengthened one’s hand? Do the Government really believe that the threat of no deal is credible, when the Brexit Secretary has described it as in effect a negotiating ploy just left on the table for the time being and the Home Secretary has called such an option simply untenable?

One of the first issues debated at the summit was the digital single market. The Prime Minister says that,

“it is right to keep up the pressure on completing its implementation … This will continue to be of benefit to us even after we leave the European Union”.

But we will not be members of the digital single market, so it is inconceivable that we will be as well off in respect of it outside as we would inside. What commitment are the Government prepared to make that, outside the EU, they will adopt the standards and regulations of the digital market so that we will gain the benefit of it?

The Government say that they welcome the EU sanctions on North Korea—as does the whole House. We are shortly to get a sanctions Bill in your Lordships’ House to deal with the position post Brexit, under which we will take control of and have sovereignty over own sanctions, but does the noble Baroness agree that, on matters such as North Korea, such sanctions are effective only if we are in lock-step with the EU so that a common front is presented to the North Koreans, or against whomever else such sanctions are adopted? Have the Government given any thought to what sort of mechanism they will put in place to ensure that, as far as sanctions are concerned, it is possible to adopt that kind of lock-step? At the moment, it is completely unclear how that will be achieved.

The Prime Minister states that, up to now:

“Both sides have approached these talks with professionalism and a constructive spirit—and we should recognise what has been achieved to date”.


That is undoubtedly true, but we should also recognise what has not been achieved to date. Last week should have been the point at which substantive progress had been achieved on the three matters which it had been agreed would be prioritised so that we could get on to discussing the future trading and other relationships with the EU, but the truth is that we are nowhere near that point. At best, we might have reached it by the end of December, in which case substantive negotiations on all future aspects of our relationship will not start until January, a mere few months before those negotiations must be completed.

On citizens’ rights, one of the individual issues that have caused the hold-up, the Government come out with warm words, but why have they not simply given an unequivocal commitment that they will protect in full the rights of all EU citizens now? The Government say that we are making great progress and that we are almost there, but we do not know that and, certainly, the 3 million EU citizens in this country do not believe it. They retain a huge degree of scepticism about their status going forward. This is to be “settled status”, which we are told is going to be done easily and cheaply, but what time period have the Government in mind to grant settled status to more than 3 million EU nationals in this country? What resources are available? Are they satisfied that the Home Office and the Immigration Service have either the track record, the ethos or the resources to do this in a fair and expeditious manner?

On Northern Ireland, the principles are all agreed. We want—the Government want and the Irish want—a frictionless border. However, we have had a customs White Paper which should really have been a Green Paper because it asks as many questions as it answers. It said, for example, that more than 80% of north-south trade was by SMEs and there will be no requirement for customs processes at the land border. That sounds rather reassuring, but the weasel words are “at the land border”. What sort of processes do the Government have in mind not at the land border, and what kind of costs do they think SMEs are going to have to incur to establish these processes? In what degree of detail have the Government, somewhere in their mind, any sense of what these processes might look like?

On the financial settlement, absolutely no progress whatever appears to have been made last week.

Finally, the Prime Minister spent quite a bit of her Statement under the heading “Moving forwards”, which is quite an achievement, given that there has been virtually no moving forwards. She says that she wants to leave in a smooth and orderly way. One key element of leaving in a smooth and orderly way is to transpose all existing EU law into domestic law. The withdrawal Bill, a relatively straight Bill in concept, is totally bogged down because of divisions in the Cabinet. What can the noble Baroness say about when she expects that Bill to start in the Commons, far less here? Because once it has gone through, and with a bit of luck it might be done by Easter, we will have 1,000 statutory instruments to get through before we are in a position to begin to contemplate withdrawal in a smooth and orderly way. There is nothing in this Statement to give any objective observer any sense that smooth and orderly is the way that this Government are heading.