European Union (Withdrawal Agreement) Bill

Lord Bowness Excerpts

Committee: 2nd sitting (Hansard continued) & Committee stage & Committee: 2nd sitting (Hansard continued): House of Lords
Wednesday 15th January 2020 Lords Chamber

[Lord Bowness (Con)]

My Lords, I support the amendment. I would adopt many of the arguments put forward by my co-sponsors, and I shall not repeat them. I put my name to it because I believe, perhaps naively, that it ought to be self-evident that Parliament should have a particular and special role in holding the Government to account during the vital negotiations that will determine the United Kingdom’s future relationship with the European Union. The pledge to establish a free trade agreement tells us little or nothing about this. I raised a number of questions at Second Reading, which I will not repeat because I got no answers to them then, and I would not anticipate an answer this afternoon.

I emphasise that the amendment does not attempt to delay or stop Brexit; it would not even delay the passing of the Bill in time for 31 January. As for my noble friend’s reliance on Select Committees, Questions and debates, I submit that those are no substitute for a formal recognition of the special circumstances of the negotiations we are about to enter.

The parliaments of Denmark and Sweden, to name but two—

[Lord Hamilton of Epsom]

Surely all that can possibly happen in the House of Commons is that the Government make Statements on their position in the negotiations with the EU. That will happen anyway, if the Speaker allows it. How would putting it into the Bill make the slightest difference?

[Lord Bowness]

It would impose an obligation. I bow to my noble friend’s knowledge of the workings of the House of Commons, but it seems to me that there is probably a very compliant majority at present, so we need safeguards in the legislation.

[Lord Hamilton of Epsom]

The majority in the House of Commons only counts if there is a vote. There are no votes on Statements.

[Lord Bowness]

That still does not seem to me to obviate the need for full information to be given to both Houses of Parliament. I suspect that my noble friend is implicitly accusing me of trying to delay the Bill or to stop Brexit, rather than being concerned about the future of our relationship. I refute that allegation, but I entirely accept that I remain very concerned about our future position.

I apologise for hesitating slightly here, but my noble friend has rather thrown me—which was, no doubt, his intention. I appeal to my noble friends on the Front Bench to recognise that we all accept that we are leaving, but that some of us want to ensure that we retain as many as possible of the benefits of 40 years, and that they are not all lost just to satisfy the ideology of a clean and absolute Brexit. Those of us who think that way may be in a minority, but we are a substantial minority.

I apologise to my co-signatories to this amendment for my following comments. They are not intended to undermine the amendment or the arguments that they have put forward but I accept that the amendment was drafted at a different time, in different circumstances, and is very long. Arguing from my position, I ask the Government—it may be a vain hope—to give serious consideration to discussing whether there may be a simplified formula in the Bill which people such as I—and they—might find it possible to accept. It would be a gesture of good will to those of us who are not ideological Brexiteers. At the moment that good will is in pretty short supply and I hope that we might see it. I certainly hope that it will break out during the negotiation period.

It may be a vain hope but it is a serious suggestion that we endeavour to find a clause which would be acceptable to those of us with differing points of view across this House.

[Lord Howarth of Newport]

My Lords, I say to the noble Lord, Lord Bowness, that I have nothing but good will towards him despite our profound disagreements on Brexit.

It has been a pleasure for me in our Committee proceedings up until now to be able to support my noble friend Lady Hayter but, sadly, at this point I have to part company with her. I cannot agree with her or my very good friend the noble Lord, Lord Wigley, that their new clauses are appropriate. They are in effect seeking to substitute the House of Commons for the Government. Under their proposals, the House of Commons would give the Government their marching orders as they move into these negotiations and the Government would be expected to act as an agent of the House of Commons. That is constitutionally inappropriate and will not work well in practice. We saw in the last Parliament the damage done to our national endeavour by the insistence of the House of Commons that it must take charge of the process of negotiation. It was a disaster for us.

When it comes to setting objectives, there is no alternative but to trust the Government. The Government will have to make judgments as they negotiate and the objectives they set for themselves at the beginning may well have to be modified in the light of their assessment of what may be achievable.

I do not think that the analogy the noble Earl, Lord Kinnoull, suggested between the procedures and powers of the European Parliament and the way for us to proceed in our system of parliamentary government is appropriate either.

Openness—the transparency that my noble friend Lord Liddle was calling for—may be difficult, if not inappropriate, in the circumstances of a complex, lengthy and difficult negotiation in which it may not be prudent for the Government to make public what they are thinking of doing and the ways in which they intend to set about it. As the noble Lord, Lord Hamilton of Epsom, reminded us, the House of Commons and your Lordships’ House will have ample opportunities to express their views and to hold the Government to account, not least through the work of the Select Committees of your Lordships’ House.

I support the intention of the noble Lord, Lord Wigley, that the Government should be expected to maintain a full and constructive dialogue and full consultation with the devolved Administrations. We debated that principle yesterday and again in our first debate this morning.

It is very important not only for the benefit of our union—fragile as it is at the moment—but for reasons of practicality and of ensuring that outcome of negotiations makes realistic sense in terms of the situation in Wales, Scotland and Northern Ireland. I would not go as far as the noble Lord, Lord Wigley, or be as prescriptive as him, although I note there is a certain vagueness in the way he has formulated his paragraphs on the requirement for consultation. I think he takes it a bit too far, for the reasons I have given.

There may well be moments in the process of negotiation when the Government consider that it would be helpful and in our interests that they should lay out their position very fully to the House of Commons and seek its endorsement, but that needs to be a tactical judgment in the light of the way events develop. I do not think it is wise for us to seek to tie the Government’s hand and inhibit their freedom in conducting these negotiations as best they can in the interests of our country.

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[Lord Callanan]

Amendments 27 and 28 in the name of the noble Baroness, Lady Hayter, and Amendment 40 in the name of the noble Lord, Lord Wigley, would all introduce new clauses with a similar purpose. They seek to create statutory roles for Parliament, the devolved Administrations and the devolved legislature in overseeing the future relationship negotiations. It is the view of the Government that the general election has shown that the public support the vision of the political declaration for a comprehensive and ambitious free trade agreement with the EU, and indeed this gives us the mandate to begin negotiations.

As this House will be aware, under the Royal Prerogative the negotiation and making of international trade agreements is a function of the Executive, as indeed in the EU it is a function of the European Commission, a point well emphasised by the noble Lord, Lord Howarth. This enables the UK to speak with a single voice in negotiations and ensures—

[Lord Bowness]

Just in the interests of clarity, is it not true that the European Commission acts on a mandate from the Council—that is, the elected heads of government?

[Lord Callanan]

Yes, it is. I am not quite sure what point the noble Lord is making. It usually acts on a mandate although it is not clear to what extent or what detail will be provided in that mandate.

European Union (Withdrawal Agreement) Bill

Lord Bowness Excerpts

2nd reading & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard)
Monday 13th January 2020 Lords Chamber

[Lord Bowness (Con)]

My Lords, like the noble Lord, Lord Liddle, I believe that this Bill must pass, if for no better reason than that we must not reach 31 January without it, thereby putting at risk the transition period. Most slogans are either a simplification of an issue or misleading, and “Get Brexit Done” is, I fear I must say to many of my noble friends, no exception. In many ways, the 31 January date, with its hype and commemorative coins, is the easy part of Brexit.

I was, and remain, a remainer. After the election I am reconciled, as indeed I was after the referendum, to our exit from the European Union, but neither the referendum nor the election determined the nature of the United Kingdom’s future relationship with the European Union. The Conservative manifesto’s reference to a free trade agreement leaves as many questions unanswered as it answers. There is, I submit, no contradiction in accepting the inevitability of leaving and at the same time wishing to retain as many benefits of EU membership as possible for individuals and businesses. Those of us who are concerned about the future relationship and do not want to lose the benefits accrued over 40 years should not be dismissed by triumphalist Brexiteers and wrongly portrayed as Brexit deniers. Many issues have to be considered and although they may be small in comparison with overall trade arrangements, they are of concern to citizens. I shall refer to a few, and it may be that the Minister can help us.

Can he tell the House whether the Government propose to legislate to compel mobile phone networks to operate the EU’s roaming regime for the benefit of UK subscribers? Are the European health insurance card and the recognition of driving licences and blue badges—I declare an interest, in that my wife has one—going to be part of this comprehensive free trade agreement? What priority is going to be given to preserving the provisions for cross-border disputes? My noble friend Lord Kirkhope referred to the legal situation, but cross-border disputes may be between families or between consumers and suppliers. There are many things in place.

Nor should this House be deterred from discussing and, if necessary, pressing amendments which will deal with some of the serious legal and constitutional points, especially the need for Parliament—particularly the House of Commons—to be closely involved in the progress of those negotiations. I think it would be surprised if it were told that it was there merely to rubber-stamp the actions of the Executive. However, if we press amendments in this House and the House of Commons rejects them, we must immediately accept that point of view. Is that a justification for threatening the House, for doing what generations in the House of Commons have perceived to be our role?

If Brexiteers wish to march over the battlefield, metaphorically putting remainers to the sword, so be it. But the Prime Minister has called not only for Brexit to be done but for the nation to be healed and come together. He, I understand, admires Sir Winston Churchill, so I hope that he will remember two quotations of his, one of which I espouse:

“Success is the ability to go from one failure to another with no loss of enthusiasm”;


and one which I hope he will espouse:

“In War: Resolution, In Defeat: Defiance, In Victory: Magnanimity, In Peace: Goodwill.”

Brexit

Lord Bowness Excerpts

Saturday 19th October 2019 Lords Chamber

[Lord Bowness (Con)]

My Lords, I hope noble Lords will forgive me if I dwell upon the processes of today and on what has brought us here. Everything about this Brexit has been a disaster, from the dreadful referendum campaign, to Article 50 being served before we knew where we wanted to go, and to the self-strangulation of our negotiating capacity by arbitrarily decided red lines. Today’s sitting has been described, at least in regard to the other place, as historic. It is historic in the sense that in what we thought was a sophisticated parliamentary democracy, we, and particularly the other place, are being asked to express a view, and in their case, decide, on one of the greatest questions which has faced our nation in our time. We are being asked to do so in circumstances where the official text was laid before Parliament only today and the unofficial documents were available only on Thursday afternoon. An email tells me that there are other documents that the Government have prepared. We do not have in the Printed Paper Office the position of the Government on the terminability of the protocol on Northern Ireland —I will not give noble Lords the whole title—or the explanation of the new Ireland/Northern Ireland protocol and political declaration. It seems to me that to express a view on an agreement which appears to be a limited rehash of Mrs May’s agreement, with no analysis of the changes and no assessment of the impact, is not the action of a sophisticated democracy and Parliament.

Other noble Lords have spoken on the detail and pointed out the shortcomings or otherwise to Mrs May’s deal—an agreement, let us not forget, that the Prime Minister voted against on more than one occasion, as a result of which we have lost valuable time, particularly in respect of the transitional or implementation period. I am sorry to say that the Prime Minister, the leader of my party, has been portrayed in his supporting press as a hero conquering the forces of Europe and now taking on Parliament on behalf of the people, with no explanation whatever of his vision of the future relationship with Europe and casting principles and allies to one side as he proceeds. In fact, we have been brought to a position where the Government present Parliament with a choice between agreeing or rejecting the agreement while, notwithstanding the Benn Act, maintaining we will leave on 31 October. I have never understood the statement that I have heard in your Lordships’ House and elsewhere: “We will observe the law; we will leave on 31 October”.

It is reported that the Government may withdraw the Motion in the other place if the Letwin amendment passes. Perhaps when my noble friend replies to this debate he can tell us something about the intention behind that and whether that is true. I am sorry to say that I feel that Parliament is being used and manipulated by the Executive to achieve the ends of the Prime Minister. We are being made to look foolish by a Prime Minister and his colleagues whose idea of taking back control we now see means taking back control to the Executive.

Any debate today has no time for detailed considerations of the contents and we are faced with the prospect of legislation required to implement the deal being pushed through both Houses by 31 October. I hope no one will seek to pretend that the Northern Ireland Bill or the Benn Act were precedents for doing that; they were single-issue, short Bills. We cannot proceed in that way just to satisfy the reckless ambition of the Prime Minister to leave on 31 October, do or die. Deal or no deal, we need more time to give responsible consideration. If we fail to give that consideration and do not deal with this matter in a proper way, the loss of support by the people for political institutions, as indicated by the noble and learned Lord, Lord Judge, will be justified. I hope that the other place will support the Letwin amendment and insist on an extension come what may. Let no one suggest that this is a remainer plot to thwart the referendum. It is about how we leave and whether we do so while retaining as many of the benefits of membership of the European Union as possible, or whether we cast ourselves adrift on an uncertain sea.

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[Lord Callanan]

I will take the noble Baroness’s word for that. I have not been updated on what has happened in another place. If noble Lords will permit me, I will go on to the main thrust of my remarks.

I reassure my noble friend Lord Bowness that all the legally required documents were laid in the paper office and that additional copies are available on GOV.UK. I hope that resolves his queries.

[Lord Bowness]

I am grateful to my noble friend for referring to that point but will he acknowledge that there are other documents to which I referred, which might well have been helpful and are in fact government papers?

[Lord Callanan]

I think it best if we have a conversation outside the Chamber on which different documents my noble friend is referring to.

For more than three years, this House has examined Brexit in great detail, as correctly observed by the noble and learned Lord, Lord Judge, in his excellent speech. I pay tribute to the work of noble Lords and the many committees of this House which have looked at the EU withdrawal process. I will do my best to address as many of the points raised today as possible.

The deal before us today is a deal which ensures that we take back control. Along with my noble friends Lord Baker and Lord Howard, and the noble Earl, Lord Listowel, I commend my right honourable friend the Prime Minister on securing it. This is a good deal. It ensures that we take back control of our laws, our borders, our money, farming and fishing policies and trade without disruption. It also provides the basis of a new relationship with the EU, based on free trade and friendly co-operation. I completely agree with my noble friends Lord Shinkwin, Lord Caithness, Lady Pidding and Lady Noakes that we now need certainty and no delay. As the good people of Northampton told my noble friend Lord Naseby, we should get on with it.

My noble friend Lady Harding was completely correct when she said that leadership is about making decisions and getting things done. As my noble friend Lord Mancroft also correctly highlighted, this is the deal that many said was not possible nor desired. Indeed, the noble Baroness, Lady Hayter, told us only last week,

“there is no desire for a deal. It is all a ruse”.—[Official Report, 08/10/19; col. 2009.]

Yet here we are with a deal, only 87 days after the Prime Minister took office.

Many noble Lords, including the noble Lords, Lord Newby, and my noble friend Lord Howell, spoke about what this deal means for the island of Ireland. The old deal was rejected because it tied us to a divisive and undemocratic backstop; indeed, in the many debates we have had I recall that many noble Lords’ criticisms of it centred precisely on those issues. That backstop, included in the previous Ireland-Northern Ireland protocol, kept the whole of the United Kingdom in a single customs territory with the EU. This would have required the UK to continue to align with EU tariff rates, therefore the UK would not have had a fully independent trade policy. This would have prevented us securing new trade deals with the rest of the world. The new deal abolishes the backstop entirely.

The provisions in the new protocol ensure that an open border is maintained on the island of Ireland and, most importantly, it upholds the Belfast agreement. Northern Ireland will have access to the single market but also be part of new UK trade deals, which we intend to negotiate around the world. Crucially, these arrangements will be dependent on the consent of those affected by it: the people of Northern Ireland themselves. In our view, this is essential to the acceptability of arrangements under which part of the UK accepts the rules of a different market.

Brexit: Customs Controls at Holyhead

Lord Bowness Excerpts

Thursday 17th October 2019 Lords Chamber

[Lord Callanan]

The noble Baroness is being too pessimistic. We hope that there will not be the back-up of queues to which she refers. We want to agree a best-in-class free trade agreement that will make sure that there are no tariffs and no quotas and, therefore, that minimal checks will be required. There should be no queues—but, of course, we are working closely with the Welsh Government, the Northern Ireland Civil Service and the Scottish Government to ensure that all these arrangements are as seamless as possible.

[Lord Bowness (Con)]

My Lords, my noble friend tells the House that a deal has been agreed. If the Government propose to proceed with the Saturday sitting, can he at the same time assure us that we will have a definitive, authoritative text before us, and not merely a Statement?

[Lord Callanan]

Whether we proceed with the Saturday sitting is a matter for the House of Commons, but we have said that we want to do that. There will of course be a text for noble Lords to consider.

European Union (Withdrawal) (No. 6) Bill

Lord Bowness Excerpts

Report stage (Hansard): House of Lords
Friday 6th September 2019 Lords Chamber

[Lord True]

I would have liked to conclude some time ago, but I have courteously tried to take many interventions. How many more times are the long-suffering people of this country going to be asked to take another delay to what they voted for? Whatever may have happened then or since, on 29 March, they were told that there must be a delay. Now, with this Bill, they are told that 31 October is not enough time and there must be another delay to 31 January 2020. When it comes up to 31 January, how many times will we be told that there has to be another delay? How many times are the long-suffering people of this country going to be asked for delay after delay by those who quite patently want only one thing?

[Lord Bowness (Con)]

My Lords—

[Noble Lords]

Oh!

Brexit

Lord Bowness Excerpts

Monday 25th March 2019 Lords Chamber

[Lord Bowness (Con)]

My Lords, I may be alone but I always feel that there is an air of unreality about this present situation—especially given that we in this House are spectators, watching a potential disaster unfold before our eyes. Apart from a few Brexiteer zealots who still believe their own propaganda, we all know that we are participating in a process that will lead to the United Kingdom being politically and economically worse off, as well as in terms of world influence. Sadly, there have been few references to the need for European unity and the part that we could and should play in that. It is even more extraordinary that a Government whose primary task must be to safeguard the nation in the widest possible sense are acting as they are.

However, we are in extraordinary times, and we need extraordinary measures. I hope that, somehow, we will find the political leadership that will honestly address the nation and tell it the problems that we face. Yes, you voted to leave the European Union. Yes, we have done our best to negotiate that in a way that leaves you as well off—or, as the leavers would have you believe, better off—as you were as members of the European Union. But that has not proved possible. There are two reasons for this. First and foremost, there is not a better deal than membership of the European Union. Secondly, in an attempt to meet your wishes, we trapped ourselves in a set of red lines, which rendered our aspirations, which are now set out in the political declaration, impossible to achieve, as those aspirations are largely incompatible with the red lines.

An honest assessment would tell the people that revocation of Article 50 or, at the very least, a long delay, is necessary while we belatedly decide what we want from our relationship with our closest and most important partners. Sadly, I feel that I shall wish on, because there is no evidence of any political leadership prepared to take such steps. The May deal does at least give us a transition period but, if the Government throw away that time in the same way as they have thrown away the time since the referendum, we will be in no better state to decide what we want in December 2020 than we are in March 2019. Such incompetence cannot go on.

Ministers have stood at the Dispatch Box in this House and told us that we cannot be kept informed of progress in the negotiations for fear of prejudicing those negotiations. However, this time and for the future, we must decide what we want before we go into those negotiations. This dysfunctional Cabinet and Government have no idea of where we are seeking to end up. Whether it is the May deal, another deal or no deal, we shall still have to have a close relationship with the European Union. What that is has to be established as a matter of urgency, and it will take leadership and not constant capitulation to the ultra-Brexiteer party within the Conservative Party. Until this is resolved, we are only delaying the ultimate disaster to a later date. It cannot go on, and I hope that the Minister will be able to confirm that to the House at the conclusion of this debate.

On a previous occasion I asked the Minister a question which he did not answer. If this deal does not go through, what is plan B? I hope that this time it is plain enough to him that the House and the people need to know.

Brexit: Date of Exit

Lord Bowness Excerpts

Thursday 14th March 2019 Lords Chamber

[Lord Callanan]

My noble friend makes a very good point with the benefit of his experience. The Labour Party are fond of telling us what they are against. What they have not done is tell us what they are in favour of. Ultimately, the other place will need to decide what it is actually in favour of, rather than what it is against.

[Lord Bowness (Con)]

My Lords, in view of the chaotic state into which the parliamentary process concerning Brexit has been reduced, will the Government confirm that, in the event of an extension of Article 50 being sought, or indeed in any event, they will belatedly reconsider the red lines which have caused us to be in this position? We have adhered to them stubbornly and with no regard to the disastrous position to which we are heading in these negotiations. It is critical that the Minister indicate that we now have an open mind on our position for the future.

[Lord Callanan]

The difficulty with my noble friend’s point—we have set out our position on the terms of negotiations very clearly—is that we have negotiated a withdrawal agreement which, in our opinion, is the best deal available and in the EU’s opinion is the only deal available. Saying that you do not like no deal is not a valid course of action. If you want to leave with a deal then you either need to vote for this deal or tell us what other deal can be negotiated, which will require support. That is what the Opposition and those who are opposed to Brexit have not done.

Brexit: Withdrawal Agreement and Political Declaration

Lord Bowness Excerpts

Thursday 10th January 2019 Lords Chamber

[Lord Bowness (Con)]

My Lords, in a debate on 20 November, at col. 192, I asked the Minister what the Government’s plan B would be if the so-called deal were rejected. I received neither acknowledgement nor answer. I do not expect one today. I am content to wait for the three days after any rejection of the deal in the other place.

It is becoming increasingly obvious that the thoughts of the Government have gone no further than the so-called deal and that, in the event of rejection, they contemplate a no-deal Brexit. Of course, I do not know whether this is a crude attempt on the part of the Government to lure Members of the other place into the Lobby in support of the so-called deal, or a policy in default of any other.

We need the Government to be clear and straight- forward with the public. This is not really a deal for the future. It sets out the terms of our withdrawal but does nothing about the future relationship. This is evident from the political declaration, which is misleadingly spoken of as part of the so-called deal. It is merely yet another statement of what we would like and hope for, but is largely unachievable in view of our own self-imposed red lines.

All the arguments remain unresolved about a hard or soft Brexit, Norway or Canada. The arguments currently raging will continue, whatever the outcome, unless there is some real leadership from all parties on where we really want to be. If the so-called deal is accepted, we have until the end of the transition period to resolve that. If we follow the precedent of the last two and a half years, what faith can anyone have in a resolution being achieved? If it is agreed, we have until 29 March to enact the European Union (Withdrawal) Act 2018 and all the promised Bills on a multitude of policies and issues.

This provokes some questions. How is it going to be possible for Parliament to do a proper job of examining and scrutinising the legislation, to say nothing of scrutinising and debating the pile of affirmative statutory instruments now building up, given this timetable? Even if we manage to deal with the legislation, can the Government ensure that we will not limit our scope for negotiation again in the transition period, imprisoning ourselves within another set of red lines? Will the ultra-Brexiteers not threaten the Government over that legislation, as they have done to date, to ensure that it becomes more difficult—if not impossible—to negotiate the close relationship with the European Union that the Government tell us they desire?

If the deal is rejected, this will not reduce the amount of legislative work to be done by 29 March. It becomes increasingly clear that, whatever the outcome of the vote in the other place, we have presented ourselves with an almost impossible task through our own incompetence.

We need political leadership to level with people now that it is blindingly obvious that we cannot leave the European Union and retain anything like as advantageous a position as we enjoy as members; we certainly cannot do so if we insist on our red lines and reject the customs union, single market and any involvement of the Court of Justice. I am realistic enough to realise that it is unlikely we will see a withdrawal of Article 50; however, I believe it is vital that we seek an extension so that the alternatives may be explored unfettered by prior red lines.

Your Lordships’ House is required only to consider the proposal, but we can hope that our concerns are noted in the other place. The Motion in the name of the noble Baroness, Lady Smith of Basildon, is the only means of formally registering our concerns. If it is moved, I shall vote for it. I am grateful to her for emphasising the concerns many share about a no-deal scenario. Her Motion also criticises the agreement and the declaration, but they have been challenged across the spectrum of remain and Brexit views. We should not have issued Article 50 before we knew what we hoped to achieve or, indeed, without considering what would be possible. We did it, and we are about to pay the price of our own incompetence unless we can achieve more time for whatever we decide to do.

Parliament has a role to play and, if the proposals are indeed rejected, Parliament must fill the vacuum of political leadership and not abdicate responsibility to another referendum. We must seek a compromise realistically acceptable to our own different parties and factions, and to the European Union, without the fetters of ill-advised red lines. We have had the farce; we must now avoid it turning into tragedy. That needs to be an important consideration for this House and the other place.

Brexit: Preparations and Negotiations

Lord Bowness Excerpts

Monday 23rd July 2018 Lords Chamber

[Lord Callanan]

The European arrest warrant is of course part of the security partnership that we seek to agree. It has some challenges at the moment, given the constitutional bars that one or two member states have, but we continue to discuss with the EU how we can take that proposal forward.

In a limited number of areas, we would choose to adopt a common rulebook to ensure the free flow of goods. That body of law is relatively stable, and when there are any changes, Parliament would have to approve them.

We are taking a principled and practical approach. Yes, we have shown flexibility as we strive for a good deal for both the UK and EU. As we demonstrate our ambition for a close partnership through the White Paper, it is worth emphasising two key principles that we share. The first is that Article 50 dictates that a withdrawal agreement must come alongside a framework for the future agreement. The second, flowing from that, is that nothing is agreed until everything is agreed.

We will not sign away our negotiating leverage or spend taxpayers’ money without anything in return. In December we agreed that the financial settlement would sit alongside a framework for a deep and mutually beneficial future partnership, but if either side should fail to meet their commitments—and I should say that we certainly do not expect that to be the case—it would have consequences for the package as a whole that we agree.

[Lord Bowness (Con)]

I am most grateful to my noble friend for giving way, but he is touching on a matter that is particularly topical at the moment. In Florence, the Prime Minister was unequivocal in her statement that the United Kingdom will honour commitments we made during our period of membership. It was not conditional, and “honour” was the word. Are those in favour of Brexit now reneging on the Prime Minister’s word of honour?

[Lord Callanan]

Of course we are not reneging on the Prime Minister’s words, but my right honourable friend the Secretary of State for Exiting the EU made it clear yesterday that we expect a future partnership to be agreed at the same time; it will sit alongside the withdrawal agreement and no money will be paid unless the future partnership is delivered. In these circumstances, it is the duty of any responsible Government to prepare for every eventuality, including the unlikely scenario that we reach March 2019 without agreeing a deal. It is essential that plans are in place to mitigate the risks and ensure stability, whatever the outcome of these negotiations. The Government’s legislative programme in this Session provides for a range of negotiation outcomes, including that of no deal.

In the last few months we have passed the Nuclear Safeguards Act, the Sanctions and Anti-Money Laundering Act and the Haulage Permits and Trailer Registration Act, preparing the UK for a future outside the European Union. I am grateful to the House for the constructive way it has engaged on this legislation.

We have been taking other practical action to ensure that we have the infrastructure in place—for example, recruiting 300 extra Border Force staff, with a further drive to recruit another 1,000, launched earlier this year. The Government have been working on nearly 300 no-deal plans for almost two years. Some of these are already in the public domain. As we announced last week, over August and September the Government will release a series of technical notices to set out what UK businesses and citizens will need to do in a no-deal scenario. This due diligence is designed to provide reassurance that the Government are prepared.

I note the great number of speakers listed for today’s debate and I look forward to hearing all the contributions. Before I resume my place, let me make it clear that we strive to strike the very best deal with the EU, and whatever the outcome of our negotiations, we stand ready to make a success of Brexit.

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[Lord Bowness (Con)]

My Lords, for a short time following the publication of the White Paper it appeared that after months of mere aspirational talk, a small dose of reality was beginning to dawn in government circles. It was too late in the day, there were serious omissions, such as services, but it could, perhaps, be the basis of negotiation.

Those hopes were soon dashed by Cabinet resignations and others, inside and outside government, who lined up to denounce what had been agreed in Cabinet. Of course, it is a paper for negotiation, not a final position, but if it is to go anywhere, then compromises will be required on both sides. The first required compromise concerns the attitude of the hard Brexit team which manifests itself in the ERG in the other place. I say to my noble friend Lady Noakes, who is not here now, that if there is any intransigence, it is they who are intransigent, rather than the European Union.

Our other difficulty is with the way the Brexit negotiations have been handled. We tied our own hands by rejecting the customs union, the single market, any involvement in the European Court of Justice and membership of the EEA without any idea of what we wanted or what the relationship would look like, other than some delusional idea of post-imperial gloriana.

How do the Government intend to go ahead with their proposals, given the lack of agreement in the other place? Is the answer that nothing has changed since Chequers? I hope that I will not be told that there is no problem because the Government won all but one of the votes on Monday and Tuesday last week. We know that the defeat by the ERG Brexiteers was averted only by adopting the amendments to the Taxation (Cross-border Trade) Bill. Everybody accepts that those amendments are contradictory to the terms of the White Paper as published.

Why do the Government allow themselves to be hijacked and taken prisoner in this way? My question to my noble friend the Minister is not rhetorical. I am asking for an answer. While looking at votes, the vote lost—

[Lord Forsyth of Drumlean]

I am grateful to my noble friend for giving way. Does he not think he is in something of a glass house, having voted against so many three-line Whips, against the Government, in this way?

[Lord Bowness]

No, I do not consider myself to be in a glass house. When I look at the people whose amendments were accepted, they are experts in disloyalty to Conservative Governments over the years.

In looking at the votes on the trade Bill last week, and the vote on the European Medicines Agency, which was lost, will my noble friend confirm that reports in the press that the Government might try to reverse that—notwithstanding that membership of the agency is Government policy—are not true? Will he confirm that the Government will not try to reverse that in your Lordships’ House? It is not clear how the parliamentary timetable can cope with the withdrawal Bill and the other major measures promised. The Government should give an indication to Parliament or perhaps in the delayed White Paper, which we will see if we are lucky before going home tomorrow. Will my noble friend tell us?

Whether one is a reasonable, moderate leaver or a disappointed remainer wanting to preserve as much as possible what we have, we are not in a good place. A major reassessment of our position is needed. People should be given some stark advice and, most of all, leadership. The Government promised to deliver Brexit. Recklessly they laid down the red lines to which I have referred, and now people need to be told where this is leading—the damage to the economy, unspecified costs and a less beneficial place than we are in now. So some, if not all of our red lines must go, in whole or in part. We cannot continue as we are.

Who believes that WTO rules are the answer? Perhaps my noble friend will tell the House the position regarding the objections lodged by the US, New Zealand, Canada and others—countries we are hoping to do deals with—to the proposed division of quotas on foodstuffs following Brexit. Who believes that the free trade agreement with Trump’s “America First” will be easy or advantageous? We want a wide-ranging security partnership, and part of that is the European arrest warrant. Will my noble friend the Minister please tell the House specifically how many countries are prevented by their domestic or constitutional law—their law, not EU law—from extraditing persons under a European arrest warrant to a non-EU country?

After the Statement on the White Paper, we were told that some 80% of the withdrawal agreement is settled; the remaining 20% is the most difficult. Perhaps we can hear from my noble friend what that 20% consists of. We were told a long time ago that there was agreement on EU and UK citizens’ rights but, as he reminded us, nothing is agreed until everything is agreed. We will not be signing until we have a satisfactory prospective future deal, and we will not be paying any taxpayers’ money.

Should the Government not be making it very clear to EU and UK citizens that their position has not been finally secured? Eight months from the planned Brexit day, nothing but nothing is certain. It will not be any good, and I hope that we will not end up trying to put all the blame for our failures on to the EU. Among the Brexit press, Monsieur Barnier is already being built up to be the villain of the piece. However, he has his mandate from the 27, which stands until they change it. We really cannot complain that, because we do not know what to do or where to go, the EU does and is somehow responsible for our own shortcomings.

How far we are from agreement has been emphasised this week by the Brexit Secretary’s statement that, if we do not get what we want as laid down, we will not pay the moneys on exit. That is a very serious statement—and I am not sure that it is a very smart negotiating ploy, either. I referred to this in my question and in the opening of this debate. A number of assurances were given that we had agreed that, and would honour it. According to the Statement in another place,

“we will pay our fair share of the outstanding commitments and liabilities to which we committed during our membership”.—[Official Report, Commons, 11/12/17; col. 26.]

Of course, I want the best deal possible for the UK. I happen to believe that it would be better if we stayed in the EU but, if that is not possible, we must keep as close as possible and investigate further the EEA/EFTA route, keeping as much as possible of the present arrangements. While the final decisions must properly remain in the other place, I shall not hesitate where appropriate, and in accordance with this House’s constitutional and parliamentary conventions, to vote to ask the other place to further consider some of these issues where necessary.

European Union (Withdrawal) Bill

Lord Bowness Excerpts

Committee: 10th sitting (Hansard): House of Lords
Monday 26th March 2018 Lords Chamber

[Lord Tugendhat (Con)]

My Lords, this is the only intervention I will make in Committee, and I shall do it rather less contentiously than my old friend, the noble Lord, Lord Wallace of Saltaire. However, I agree with the underlying thrust of what he said, just as I agreed with the noble Lord, Lord Hannay, and the noble Duke, the Duke of Wellington.

At the heart of these amendments is a matter of trust. Initially, the change was put into the Bill, as a number of noble Lords said, because there were people in this party and in the Government who doubted the Prime Minister’s and the Government’s resolve to take us out of the European Union. I do not think that anybody can doubt her resolve on that point now, or doubt the resolve of the Government. The negotiations are moving ahead, and, whether or not one is quite as optimistic as Mr Davis was on television yesterday, clearly they are moving ahead better than many people at one time expected, and a deal looks a likely outcome. Therefore we do not need to worry about giving credibility to the Government’s ambition; we need to worry about making sure that we are in a position to secure the best deal we possibly can.

Anybody who has been involved in a negotiation, whether international or commercial, or to buy a house, knows that if one puts a gun to one’s head, one puts oneself at a great disadvantage. It seems extraordinary that we should be confronted with the proposition in a Bill of this sort that puts our negotiators at a disadvantage. Then there is the other point, which my noble friend Lord Hailsham and others have raised, on parliamentary sovereignty. The Bill takes the decision out of the hands of Parliament, because the curtain comes down at a particular point. Again, that makes it harder than it need be for us to secure the best possible deal.

There has been a large element of unanimity in this debate. Although I recognise that my noble friend on the Front Bench is no doubt operating within tight guidelines, I hope that she will be able to indicate that, having heard the contributions to this debate and having registered the unanimity, she will be able to undertake to go away and think about it and try to find some means to ensure that we do not put a gun to our negotiators’ heads.

[Lord Bowness (Con)]

My Lords, I will speak briefly to the amendments in this group, particularly Amendment 343, to which my noble friend the Duke of Wellington has already spoken.

The Government frequently tell us from the Dispatch Box that they require flexibility in the negotiations, despite at the very beginning having ruled out the customs union, the single market and anything to do with the Court of Justice. Almost every single day brings to the forefront new problems that have not been recognised to date. Whether it is Gibraltar, Northern Ireland, the motor trade or pharmaceuticals, the difficulties are enhanced by our inability to contemplate the arrangements that we have already ruled out. I fear that the Government still refuse to tell people that the method of executing what they apparently see as a binding instruction to leave is deeply flawed. It would be possible to leave and remain in the customs union and the single market and recognise the Court of Justice for certain purposes. Indeed, this is being recognised in the proposed transition or implementation agreements which are being talked about.