European Union (Withdrawal) Bill

Lord Monks Excerpts

2nd reading (Hansard - continued): House of Lords
Wednesday 31st January 2018 Lords Chamber

[Lord Monks (Lab)]

My Lords, I want to follow the line of argument developed by the noble and learned Lord, Lord Judge. In fact, a number of speakers in this debate have called for a meaningful role for Parliament in the Brexit process. Indeed, the noble Lord, Lord Hague, was characteristically eloquent on this subject, and tonight I want to address the role of Parliament in the withdrawal process.

At the moment, Clause 9 gives Parliament one meaningful vote on any deal at the end of the talks. That is fine and I congratulate those who promoted it, but some of us suspect that the context for such a vote will be “vote for the deal or face the cliff edge”. There will not be too many other options around at that time. That will be being said not just by our government negotiators but by EU 27 Governments as well.

My key point in this debate is: what about a say and a vote for Parliament at an earlier stage, specifically on the mandate that the Government should follow in the talks about the future of UK-EU relations? At the moment, we have the Prime Minister’s red lines in the Lancaster House press conference speech. She rules out membership of the single market and the customs union and a continuing role for the ECJ. We had warmer words from her in her Florence speech and we have had a mixture of incompatible objectives and wishful thinking from individual Ministers, but none of that carries the authority of Parliament at this stage.

The EU, on the other hand, is currently developing clear mandates on the transitional arrangements, as we saw earlier this week, and in March it will develop one on the future relationship with the UK. But when do the UK Parliament—especially the other place, to which I certainly cede superiority in this matter—and the devolved Parliaments and Assemblies, which will also need to be engaged, get to debate the UK’s approach and give the government negotiators a clearer mandate than they have at the moment? Sure, we will get to commentate in our own committees and in various debates in this House, but we will not play a central role in the process, and that is not good enough.

As many people have said, the Cabinet is in a muddle over how to take this forward, yet Parliament is exerting no pressure on it to get its act together and come up with coherent and practicable positions for negotiating with the EU. As an old trade union negotiator, I am, like the noble Lord, Lord Lupton, all for giving flexibility to negotiators, certainly once the talks start, but starting the talks without clear, practicable objectives is inviting disaster. We need to know whether we are playing bridge or poker when we go into these talks.

At this crucial stage in our island’s story, to progress these negotiations without a parliamentary mandate is careless and undemocratic. It is the opposite of taking back control. It certainly repeats many of the earlier mistakes to which the noble and learned Lord, Lord Judge, referred in terms of the relationship between Parliament and the Executive.

Therefore, we need to amend the Bill to provide for a second meaningful vote in Parliament—this time on the mandate for the talks about the future relationship. This, if adopted, would force the Government, and others, to take a position before setting off to see Monsieur Barnier. It is time for Parliament to exert some control over the withdrawal process, and in due course there will be an amendment drawing on all corners of the House to this effect. My preference—I will be frank and lay my cards face up on the table—is for a mandate that prioritises jobs, rights and trade, as called for in an excellent briefing from the TUC, which I commend to all noble Lords.

I have always been comfortable with the shared sovereignty concept of the EU. I have never found it restrictive; the EU has given us extra scope, extra reach and extra power. It has not restricted anything at all in just about every single case. However, I accept that if Parliament votes on a mandate, the vote might go the other way. To some extent, that would settle the direction of travel, because that direction is not settled at the moment. I will be looking for support from all sides of the House for an amendment along those lines to be moved in Committee and on Report, making that crucial point and returning power to Parliament—which I think was one of the objectives of the leave argument in the referendum.

European Union (Withdrawal) Bill

Lord Monks Excerpts

Committee: 7th sitting (Hansard): House of Lords
Wednesday 14th March 2018 Lords Chamber

Moved by

[Lord Monks]

142: Clause 9, page 7, line 7, after “to” insert “—
(a) approval by both Houses of Parliament of a mandate for negotiations about the United Kingdom’s future relationship with the EU; and(b) ”

[Lord Monks (Lab)]

My Lords, Amendment 142 is very ambitious and I am grateful to my co-signatories for their support. It is designed to assert the role of Parliament in the approach that the UK Government adopt to the future relationship of the UK with the EU. At the moment, where does Parliament stand on this vital future relationship? It has won the very welcome right to have a meaningful vote on any final deal that emerges from the talks, but it is conspicuously silent on the approach that the Government are taking to the talks on our future relationship. The amendment—noble Lords will see why I term it “ambitious”—is designed to claim the right of Parliament to have a meaningful vote as soon as possible on that approach, and, in effect, to give a mandate to the UK’s negotiators on the lines to follow.

Critics may justly say, “You’re a bit late; the talks are already starting”. Indeed, it is true that we are a bit late in addressing this question. But it was only 10 days ago that the Prime Minister gave her Mansion House speech, and only a couple of weeks since the Cabinet meeting at Chequers that managed to patch up at least some elements of a common position to take to the talks—and, I would guess more importantly, managed to pacify different wings of the Conservative Party. Many of us consider the position adopted to be unrealistic, wishful thinking and a pick and choose à la carte menu of what we like and what we reject. I fear that it is a fantasy to think that it will get anything other than short shrift in the forthcoming talks.

Other critics of this proposal might say that for Parliament to establish a mandate is unconstitutional, and might quote the convention that the Government cannot be instructed in how to conduct themselves when they are involved in international negotiations. But in fact it would not be unprecedented in recent times, because Parliament stepped in and intervened powerfully on certain occasions in recent years. In 2003 the Government sought a mandate for military intervention in Iraq, and more recently Parliament refused to sanction military action in Syria.

The decision on our future relationship with the EU is just as momentous as a declaration of war. So, to coin a phrase, it is time to take back control. “Take back control” was a powerful slogan in the referendum campaign. It should be equally powerful in this House and the other place now. Our future relationship with the EU is too important for us in Parliament, especially those in the other place, to play the part of spectator: too important for jobs, too important for prosperity, too important for peace, too important in relation to the Irish border question, too important for our future dealings with Russia—an issue that is very much in the headlines and on the front pages today.

As an aside, the importance of a close relationship with the EU is underlined by the present rupture with Russia. If economic sanctions are to be ramped up, it would be necessary for the EU to be involved because the EU is by far Russia’s biggest trading partner—as, of course, it is ours. The uncertain response so far of the United States to the Salisbury outrage contrasts with the solidarity from the EU and underlines the need for us to maintain a close and warm relationship with it.

Frankly, I do not know where a meaningful vote in Parliament on a mandate would lead. The position of the Front Benches would no doubt be key, as it was in the vote on triggering Article 50. It is possible that a vote could endorse the Government’s position, as set out by the Prime Minister in the Mansion House speech: ruling out membership of the single market, the customs union and any role for the European Court of Justice. That could happen—or a meaningful vote could perhaps lead to an insistence on a clean, sharp break and a switch to trade on WTO grounds. Or it could, as I would certainly prefer, aim for the UK to stay in the European Economic Area, perhaps via membership of a strengthened EFTA, thus retaining membership of the single market and the customs union. That would make us more than just a mere rule-taker. It is not an ideal position, but I believe it to be the best of the options available.

Additionally, I would favour using our existing powers—as, for example, do Belgium and Germany—to exert more control on migration. I also draw the attention of the Committee to new proposals from Brussels to ensure that the terms of employment of migrant posted workers do not undercut those of resident workers. We could have done with that three years ago.

Whatever the outcome of a meaningful vote on a mandate, Parliament would have spoken on the future relationship and not left these crucial matters solely in the fumbling hands of the Cabinet. After such a vote, it would be incumbent on all of us to get behind the decision, for better or for worse, and to make it work for both the UK and the EU. My message to this House and the other place is: assert yourselves. Do your democratic duty. Uphold the sovereignty of this Parliament before it is too late to do so.

Amendment 143 (to Amendment 142) not moved.

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Amendments 145 to 147C (to Amendment 142) not moved.

[Lord Monks]

My Lords, I thank all the contributors to this debate. Amendment 142 was love bombed by many noble Lords with extra amendments raising important points which deserved airing and have received consideration, so we provided a vehicle for a lot of other important issues. At times, I was concerned that the central point—what the noble Lord, Lord Lea, called “the architecture”—was getting lost in the specifics that were being raised. We were brought back to those key central points very ably by my co-signatories, the noble Baroness, Lady Wheatcroft, and the noble Lords, Lord Lea and Lord Campbell. By the way, to remind everyone, the noble Lord, Lord Campbell, was a distinguished Olympian in his own right. We had references earlier to our Olympic heroes around the House.

European Union (Withdrawal) Bill

Lord Monks Excerpts

Report: 4th sitting (Hansard): House of Lords
Monday 30th April 2018 Lords Chamber

Moved by

[Lord Monks]

51: Clause 9, page 7, line 7, after “to” insert—
“(a) approval by Parliament of a mandate for negotiations about the United Kingdom’s future relationship with the EU; and(b) ”

--- Later in debate ---

[Lord Monks (Lab)]

My Lords, it is time—indeed, over time—that Parliament exerted influence on the conduct of the talks about the future relationship between the UK and the EU. I am talking about the relationship after Brexit. This is not some attempt to reverse Brexit; it is about applying our minds to what that future relationship will be. To bring this about, Amendment 51 proposes an earlier, extra step that would be additional to the vote already referred to in Clause 9 and Amendment 49.

Amendment 51 would provide that our negotiators work to a mandate approved by Parliament to guide them in the talks—not a straitjacket or a corset but a device to make sure that the Government come clean about what they are trying to do in the negotiations. We know a few things already: as we heard earlier, the Government aim to have a deal on the divorce ready for the autumn that would, I think, cover the money, the reciprocal rights of citizens, the Irish border and the transition agreement. It would also cover the future relationship with the EU—but only, I understand, in very general terms in a concluding section.

The talks on this crucial aspect are only just getting under way. Indeed, it was not until early March that the Cabinet, meeting at Chequers, managed to patch up some elements of a common position to take into this phase of the talks. This position seems to rely on selecting what we like and rejecting what we do not as though it is some kind of à la carte menu—the product, by the way, of a lot of wishful thinking with some of the measures which we have been made aware of. This approach appears, unsurprisingly, to be getting short shrift in Brussels, which is just not good enough for a country like ours in this very serious situation.

The amendment seeks a parliamentary vote on the main principles of what Britain would like that future relationship to be. In fact, no one outside the innermost court of the Prime Minister really knows what the UK is trying to achieve, except in the most general and vague terms. Perhaps even members of the innermost circle do not know; maybe they and others will learn a bit more after the meeting of the Cabinet that I understand is to take place on Wednesday.

From my trade union experience, I learned that if you enter talks without a clear idea of your objectives, you tend to end up negotiating more with your own colleagues than with your opponent. There are certainly signs of that happening in the Cabinet at present, if the Sunday papers are any kind of accurate guide.

The slogan, “It is time to take back control” was effective and powerful in the 2016 referendum. Surely it is now time for Parliament to recall that phrase and exert a measure of control over the British approach to talks about the future. It cannot be left just to fudges designed primarily to pacify different wings of the Conservative Party.

Critics of this proposal will certainly say that for Parliament to establish a mandate is unconstitutional. They will quote the convention that the Government cannot be instructed on how to conduct themselves when they are involved in international negotiations. However, this would not in fact be unprecedented. Parliament has stepped in and intervened in recent years regarding military interventions in the Middle East and Libya.

The decision on our future relationship with the EU is just as momentous as a declaration of war and too important for Parliament just to stand tamely on the touchline and play the role of spectator. It is too important for jobs, for prosperity and for peace in a continent with a troubled history. To give one example of how momentous this decision will be, a Canada-style free trade agreement, which is where the EU is currently heading, could on the Government’s own figures cut the UK’s GDP by a massive 5%. That would result in a smaller, poorer nation.

I do not know where a meaningful vote in Parliament on a mandate would lead. It is quite possible that it could endorse the Government’s position, whatever that is, except that they are very clear that they are ruling out membership of the single market and the customs union and any continuing role for the European Court of Justice. It could happen that that position would be endorsed, or a meaningful vote could perhaps lead to the insistence on a sharp, clean break and a switch to WTO rules. Or it could, as I would prefer, aim for the UK to stay in the European Economic Area, perhaps via membership of a strengthened EFTA, thus retaining membership of the single market and the customs union. That is not an ideal position, but with our size we would certainly be more than rule takers. In my view, it is the best option available among some rather unpalatable ones that are consistent with observing the outcome of the referendum.

Whatever the outcome of a meaningful vote on a mandate, Parliament would have spoken on the future relationship and not left these matters solely in the fumbling hands of the Cabinet. After such a vote, it would be incumbent on us all to get behind the decision for better or for worse and to try to make it work for both the UK and the EU. So my message to the House today—and particularly perhaps to the other place—is: assert ourselves, do our democratic duty and uphold the sovereignty of this Parliament before it is too late to influence affairs. I beg to move.

[Baroness Wheatcroft]

My Lords, Parliament needs to know what the Government are trying to achieve in their negotiations. The original vision of having the benefits of EU membership without any of the perceived downsides has evaporated. For the second time this afternoon, I shall quote Sir John Major, for I can put it no better than he did. He said that,

“every one of the Brexit promises is—to quote Henry Fielding—‘a very wholesome and comfortable doctrine to which (there is) but one objection: namely, that it is not true’”.

If “cake and eat it” is off the menu, what is it that the Government are aiming to achieve in our future relationship with the EU? This amendment seeks to give Parliament some say in what the future relationship would look like before it is too late.

We will no doubt be told that it is foolish to try to tie the hands of the Government in their negotiations—but the noble Lord, Lord Monks, has more experience than most of conducting negotiations, and he convincingly introduced this amendment. My experience comes from the other side of the negotiating table, but it leads to the same conclusion: being able to say “my members” or “my board” or “my Parliament” would never accept such and such strengthens rather than weakens the hand of the negotiators. It would surely help the Government to have some idea of where the red lines are as far as Parliament and the House of Commons, in particular, are concerned.

This afternoon the Minister once more made very clear that the Government would like to deprive Parliament of a meaningful vote on whatever deal or no deal they negotiate. This House has demonstrated its objection to that, and I believe that the Commons will uphold that vote. Our system of democracy demands that Parliament should take back control of the Brexit process. Insisting on a meaningful vote is progress. This amendment goes one step further. It endeavours to give Parliament an input into the shape of the deal. We are led to believe that there are differing views within the Cabinet on whether the UK should have a customs partnership with the EU. But if there is a majority of MPs who insist on a customs partnership, would it not make sense for the Government to be aware of that while there was still a chance of negotiating it? If a majority of MPs believe that the country needs to be in the equivalent of the single market of the 27, would it not be sensible to establish that sooner rather than later? It sometimes seems that the only mandate in which the Government have an interest is that granted by the Daily Mail. Parliament surely should be granted as much say in the Brexit process as the tabloid press. This amendment would give Parliament the power to strengthen the hand of the Government in their negotiations with the EU and I urge the House to support it.

--- Later in debate ---

[Lord Callanan]

My Lords, I begin by making it clear that Parliament has a critical role in scrutinising the Government’s negotiating position. It is our responsibility as a Government to provide both Houses with ample opportunities for scrutinising both the approach we are taking to exiting the EU and any implementing legislation—and we are doing so.

The Secretary of State for Exiting the EU has provided an Oral Statement to the House after every negotiation round. He has provided evidence to the Select Committee on Exiting the EU five times, and has appeared before the Lords EU Committee four times. On 29 occasions to date, DExEU Ministers have given evidence to a wide range of committees, from Environmental Audit to Science and Technology. As my noble friend Lord Hamilton observed, the Prime Minister has laid out her intentions for the future economic and security relationship between the UK and the EU in several speeches, most recently in those made in Munich and in London’s Mansion House. Her intentions were also made clear in the seven future partnership papers, where the Government set out their negotiating objectives across a number of areas, including customs, science and innovation. Government Ministers have made a series of speeches laying out their intent for various aspects of the future relationship between the EU and the UK.

The scrutiny received during these parliamentary appearances, and in the multitude of reports from the committees of this House and the other place, have been of great value, and have done much to help inform the Government’s work so far. There has also been a wide range of engagement activity by government with key stakeholders across business, civil society and other interested groups. While there are some who think that Parliament should have a greater role in setting the terms of our negotiations, we simply cannot hold up the already tight negotiating timeline by providing for a further approval process prior to negotiations ending. It must be for the Government, not Parliament, to set our goals for the negotiations on the UK’s exit from the EU, and to conduct them.

As I said in my response to the first amendment that we considered today, the Government have been clear from the start that Parliament will get a vote on the final deal, when Parliament will have the final say on the withdrawal agreement and terms for our future relationship, as soon as possible after the negotiations have concluded. Only if Parliament supports that Motion will the Government bring forward the withdrawal agreement and implementation Bill to give the withdrawal agreement domestic legal effect. The Government will then introduce further legislation where it is needed to implement the terms of the future relationship in UK law, providing yet further opportunities for proper parliamentary scrutiny.

Debates in this place and the work of the committees of both Houses represent valuable forums and opportunities for parliamentary scrutiny, and we have used Parliament’s input to shape our approach to negotiations so far. Indeed, I conclude by quoting some wise words from our own House’s EU Committee’s fourth report of 2016-17, titled Brexit: Parliamentary Scrutiny:

“Parliament should not seek to micromanage the negotiations. The Government will conduct the negotiations on behalf of the United Kingdom, and, like any negotiator, it will need room to manoeuvre if it is to secure a good outcome”.

My noble friend Lord Boswell will no doubt not let me ignore the fact that the report goes on to call for the avoidance of “accountability after the fact”, but I hope that the House will agree that the right response is not to go to the extremes of micromanagement by Parliament. I hope, therefore, that the noble Lord feels able to withdraw his amendment tonight.

[Lord Monks]

My Lords, I thank all those who took part in this debate, which has continued the theme of this afternoon and early evening about the relationship of the Executive to the legislature. This amendment goes to the heart of that relationship. The fact is that we are in a position where we know what the Government are ruling out very clearly; what we do not know is what they are ruling in. In fact, the debates taking place in the Cabinet, as I understand, this coming Wednesday, show that the Government are all over the show about the objectives that they have in the negotiations about the future relationship.

This amendment seeks to provide the means for Parliament to put pressure on the Government to come up with some clarity. There has been activity, yes—and the Minister laid out the wide range of things that have been going on in Parliament about Brexit—but the crucial issue of the future relationship of the UK to the EU is still vague or wishful thinking or a combination of the two. I think that the Government can do better than that and owe it to Parliament to do better, and this amendment is a way of putting pressure on our Executive and the Prime Minister to do something about that.

I will make a quick reference to the punishment scenario painted by the noble Lord, Lord Hamilton. There is a range of things on offer from the European Commission, including membership of the single market and the customs union—many things that would make it business as usual, such as in the EEA and so on. It is our Government who are ruling out those kinds of things, which would provide as much continuity as we possibly can, which seems to be the objective of what the noble Lord was saying.

With all those points in mind, and bearing in mind the hour, I would like to test the opinion of the House on this amendment.