Elections: May 2021

Lord Wallace of Saltaire Excerpts

Thursday 14th January 2021 Lords Chamber

[The Minister of State, Cabinet Office (Lord True) (Con)]

My Lords, I certainly assure the noble Baroness that the Government believe that safe and secure elections are the cornerstone of any democracy. The law is that these elections should go ahead on this date. The Prime Minister said that all matters are always under review, as they are in a pandemic. People then seemed to ride away and say that that was an indication that they would be postponed, but, as the Minister for the Constitution said in the other place yesterday, a very high bar would have to be set to not proceed with these elections. As far as her comments about returning officers, they obviously look at polling stations, but I will take note of the points the noble Baroness made. Certainly, voting should be easy.

[Lord Wallace of Saltaire (LD) [V]]

I hope I can get the Minister to add that local democracy is absolutely part of the foundation to any effective constitutional democracy, which is one of the reasons why we have to be very careful about postponing these elections further. I thank the Minister for the Statement and I thank Bradford Council for the very extensive briefing it gave me this morning on the difficulties. Can the Minister assure us that, since elections are so fundamental to democracy, as such, any decision will be taken not by the Government alone but in full consultation with all other parties contesting the elections? Given the difficulty of campaigning under current circumstances, will the Government be prepared to consider providing, for example, two pieces of free post to every nominated candidate, to make sure that parties which have more easy access to funds do not get disproportionate benefits from being able to pay for post?

[Lord True (Con)]

As the noble Lord knew I would, I thoroughly endorse the first remark he made. I believe local democracy is the cornerstone, and I wish that were more widely recognised. The Government will continue to engage with political parties to ensure that people are able to campaign safely and securely and to secure information. As far as his specific proposal is concerned, I will certainly make sure that that is fed into consideration.

European Union (Future Relationship) Bill

Lord Wallace of Saltaire Excerpts

3rd reading & 2nd reading & Committee negatived & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard) & Committee negatived (Hansard): House of Lords
Wednesday 30th December 2020 Lords Chamber

[Lord Wallace of Saltaire (LD) [V]]

My Lords, I agree with the noble Lord, Lord Howarth, that Britain’s democracy presently has many problems with public alienation and that we need democratic renewal. But leaving the European Union neither restores nor respects the sovereignty of Parliament. To add to the list of wildly misleading promises about Brexit, which have fed public alienation, Michael Gove’s assertion on 26 December that the agreement and its implementation will establish

“a special relationship… between sovereign equals”,

linking the UK to the EU, is a whopper.

Our special relationship with the United States is of course an unequal one, in which the USA matters far more to Britain than we do to them. We allow American bases within the UK to operate without parliamentary scrutiny. We embed British officers in US commands. Within the EU for 40 years we shared foreign policy co-operation with our partners. Indeed, the whole framework of European foreign policy co-operation was constructed under British leadership, from Jim Callaghan to Lord Carrington to Geoffrey Howe. The EU offered to maintain that relationship. Theresa May’s Government agreed to do so. It was Boris Johnson who preferred the illusion of sovereignty and who has thrown away the European foundations of any British global role.

This Bill, and the agreement it transposes into domestic law, commits us to continuing negotiations across a very wide range of issues, in which the UK will be the dependent partner. I mention two issues only out of the many that remain unresolved. The issues of data access, and the adequacy of data protection, are vital to the future of our economy. Three-quarters of UK data exchanges flow between here and the European continent. Sovereign independence on data regulation for the UK is not on offer; our choice is between closer alignment with American or European regulation. We will pursue the Government on this.

Mutual recognition for cultural professionals, musicians, actors and artists is left out of the agreement, as has already been mentioned. I declare an interest as a trustee of the VOCES8 Foundation. Many of us will seek written assurance from the Government that mutual recognition will be negotiated.

Lastly, I query the territorial extent clause of this Bill. This Government have pledged to “take back control” of UK sovereignty. Yet the Crown dependencies and overseas territories—the offshore havens that benefit from British sovereignty but avoid many of its obligations —are left outside. These are of course sources of large donations to Conservative groups and right-wing think tanks, and the headquarters of companies that win public procurement contracts. It is a deceit on the British people to proclaim total sovereignty against the EU but to permit British possessions exemptions from the obligations of sovereignty. This too we will pursue further.

UK-EU Future Relationship Negotiations and Transition Period

Lord Wallace of Saltaire Excerpts

Tuesday 8th December 2020 Lords Chamber

[The Minister of State, Cabinet Office (Lord True) (Con)]

My Lords, we are all working to get a deal but the only deal that is possible is one that is compatible with our sovereignty and takes back control of our laws, trade and waters. Although an agreement is preferable, we are prepared to leave on so-called Australia-style terms. People and businesses must prepare for the changes that coming on 31 December, most of which relate to our departure from the EU single market and customs union, not the outcome of the talks.

[Lord Wallace of Saltaire (LD) [V]]

My Lords, references to Australia and Canada deny the geography, which is that we must retain close relations across the board with our neighbours whether we are in the EU or outside it. Does the Minister have a response to the remarks of the noble Lord, Lord Hague, in yesterday’s Daily Telegraph? He said that no deal with our European neighbours would

“create the biggest crisis in our relations for more than a century.”

[Lord True (Con)]

I repeat: we are seeking a deal. As the Prime Minister said a few minutes ago, hope springs eternal. There are significant differences. I do not agree that there would be a crisis that could not be surmounted by the British people.

Ministerial Code

Lord Wallace of Saltaire Excerpts

Tuesday 24th November 2020 Lords Chamber

[Lord True (Con)]

My Lords, I would not characterise it in that particular way. The Prime Minister concluded in this case that the Ministerial Code was not breached. There was a prior case in 2012 when there was a finding that the code had been breached and the Minister also remained in office.

[Lord Wallace of Saltaire (LD) [V]]

My Lords, has the Minister read the lecture given by the noble Lord, Lord Evans, to the Institute of Business Ethics on 11 November? The noble Lord commented that

“too many in public life, including some in our political leadership, are choosing to disregard the norms of ethics and propriety that have explicitly governed public life for the last 25 years, and … when contraventions of ethical standards occur, nothing happens.”

Does the Minister agree?

[Lord True (Con)]

No, my Lords, I do not agree, because I do not consider that that generalised charge against people in public service is justified. I find high standards of probity among the colleagues I work with and among the people I have had the honour of opposing in the past when they were in government.

Public Procurement (Amendment etc.) (EU Exit) Regulations 2020

Lord Wallace of Saltaire Excerpts

Monday 16th November 2020 Grand Committee

[Lord Wallace of Saltaire (LD) [V]]

My Lords, this is the third version of a public procurement EU transition SI since January 2019. Later this afternoon, we will be dealing with the third version of a parallel exit SI on data transparency. My colleagues tell me that they have also been responding to the third version of a whole succession of EU exit SIs in many other areas. This looks like indecision and incompetence across government, with Ministers failing to provide clear direction to their officials or to decide what the hard detail of our future relationship with the EU will be.

The impression of confusion and indecision is heightened by the references in the Explanatory Memorandum to the not yet enacted Trade Bill, which means, as has been explained, that there will be an unavoidable gap in the legislative framework from 1 January. As the Minister knows, the delays to the passage of the Trade Bill are due to government hesitation, not parliamentary obstruction. We are now well over four years since the EU referendum and two years since the passage of the withdrawal Act. I can easily imagine the scorn that Conservatives in opposition would be expressing about any other Government that had drifted like this.

We are also being asked to approve this SI without having certainty about the nature of the UK’s future relationship with the EU. Can the Minister explain what differences in the applicability of this SI will follow from the absence of any deal with the EU, rather than a continuing legal framework for our relationship? Will UK companies and service providers retain any rights to compete for public procurement contracts within the EU in the event of a breakdown in relations? Will they retain such rights if there is some sort of minimalist deal?

In this case, an instrument that refers repeatedly to previous amendments and to the further amendments now proposed is deeply obscure, and will no doubt provide good fees for lawyers as they struggle to interpret it. Worse, it includes repeated phrases such as, “The Minister for the Cabinet Office may make further regulations”—combining legislative complexity with excessive executive powers.

I note that the SI provides for

“the continued application of the general principles of Union law applicable to the award of public contracts”.

That is very sensible, since the principles of Union law on public procurement were negotiated by UK Ministers and officials under previous Conservative Governments, including when Margaret Thatcher was Prime Minister. But that of course does not fit in with the absolutist definition of sovereignty that the noble Lord, Lord Frost, now expounds every week. There are continuing international obligations, as the SI recognises, which cannot easily be ignored when the UK Government wish.

I also note that the intention in this SI

“is to treat non-UK economic operators on a level playing field.”

That is also an abrogation of UK sovereignty, of course. Are we refusing to accept the concept of a level playing field in our future relations with other European states but reasserting it in our relations with contractors from Turkey, the Middle East and China?

The SI also touches on delicate questions about the relevance of international agreements in environmental, social and labour law. The EU is moving ahead in developing policies on how to include calculation of the embedded carbon in imported goods and international contracts. Will this also be a factor in calculating the value of bids for UK public procurement from foreign contractors? And on “social value”, will the Government take into account the political, labour and social conditions that contractors tolerate in their own home countries?

Several noble Lords have mentioned recent concern about public procurement by this Government. That raises wider questions about the outsourcing of public services and the management of public procurement. On another occasion, we must debate the contracts awarded without open competition to contractors linked to the Conservative Party through personal links or donations, or to overseas companies without relevant expertise or experience.

I was particularly struck by the award of one of the first test and trace contracts—

[Baroness Sanderson of Welton (Con)]

I am sorry to interrupt the noble Lord, but we will have to move on. There is a three-minute time limit.

[Lord Wallace of Saltaire (LD) [V]]

I think that I have six minutes.

[Baroness Sanderson of Welton (Con)]

I apologise.

[Lord Wallace of Saltaire (LD) [V]]

I was particularly struck by the award of one of the first test and trace contracts to a multinational company with its headquarters in Miami to manage a service that self-evidently depended on detailed local knowledge within England. But there have been many other surprising awards, which demand further scrutiny.

I have one last question, on which the Minister may wish to write to me. These SIs frequently refer to the United Kingdom and Gibraltar but rarely, or never, to the UK and the Crown dependencies, which of course were not members of the EU. I note that companies headquartered in Jersey or Guernsey are frequently awarded UK government contracts. Are UK companies also guaranteed a level playing field in return? Do the Crown dependencies follow and observe UK practice in this field? If not, should the UK Government not take back control of that aspect of British sovereignty?

Great Britain and Northern Ireland: Access for Goods

Lord Wallace of Saltaire Excerpts

Thursday 12th November 2020 Lords Chamber

[Lord True (Con)]

My Lords, there is one way: support for the Belfast/Good Friday agreement. I trust very much that when the unfettered access provisions come back to this House, the Labour Party will support them.

[Lord Wallace of Saltaire (LD) [V]]

My Lords, we are all aware of the extensive movement of animals across the internal Irish border and across the Irish Sea, and the extensive movement also of milk and milk products. If there is to be unfettered access across the Irish Sea, do the Government envisage that there will have to be checks at what will now become the EU’s external border? What progress, in that case, has been made towards recruiting the vets and inspectors needed to enforce the checks required there?

[Lord True (Con)]

My Lords, work is under way, as noble Lords have raised before, in seeking to recruit vets and, in other areas of this policy, customs agents. That work is ongoing. We are hopeful that we will achieve the desired end.

Home Secretary: Allegations of Bullying

Lord Wallace of Saltaire Excerpts

Monday 2nd November 2020 Lords Chamber

[Lord True (Con)]

The process is independent. The Prime Minister asked the Cabinet Office to establish the facts, in line with the Ministerial Code, and the Independent Adviser on Ministers’ Interests, Sir Alex Allan, has a role through providing further independent advice to the Prime Minister. So far as the process is concerned, I regret that I must repeat that I cannot comment on that while it is continuing.

[Lord Wallace of Saltaire (LD) [V]]

My Lords, the noble Lord, Lord Young, in response to a previous answer from the Minister, said that the code is an honour code, implying that it is up to the Minister concerned to take responsibility and to resign in the case of a serious breach. Last month, the Cabinet Secretary said to a Commons committee that the Prime Minister is the ultimate arbiter. That seems deeply inappropriate in the current conditions. Does the Minister not think that there is merit in the First Division Association proposal that an independent arbiter, with status outside government, should be the final arbiter in these cases?

EU Exit: Negotiations and the Joint Committee

Lord Wallace of Saltaire Excerpts

Wednesday 21st October 2020 Lords Chamber

[Lord True (Con)]

No, my Lords, I do not accept the one-sided strictures being heard once again in this House. The Government have proposed arrangements with the European Union that have precedents in agreements that that Union has reached with other countries of the world. The Government have asked for nothing unreasonable.

[Lord Wallace of Saltaire (LD) [V]]

My Lords, the Government are set on a Canada-style agreement. Have they studied the Canadian network of agreements with the United States, its close neighbour, which cover border controls, aviation, energy, police co-operation, common standards, road haulage and even fishing in the waters along their border? That is because it is a close neighbour. Do the Government have a strategy for somehow increasing the distance between the UK and the European continent? Or do they accept that after 1 January, we will have to start to negotiate on all these other matters as well with our new neighbours?

[Lord True (Con)]

My Lords, the United Kingdom is a sovereign nation and has relations with every other country in the world. Of course, our relationship with our European neighbours is important and we will continue to negotiate with them, whether in this process or in whatever circumstances we find in the future.

Parliamentary Constituencies Bill

Lord Wallace of Saltaire Excerpts

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Thursday 8th October 2020 Lords Chamber

[Lord Beith (LD)]

My Lords, when the Constitution Committee considered the Bill, we took the view that the removal of Parliament’s power to block Boundary Commission recommendations was constitutionally appropriate and therefore welcome. But we warned that automatic implementation of Boundary Commission recommendations would protect against undue political influence only if the commission itself is genuinely independent. This makes the selection and appointment of impartial boundary commissioners, independent of political influence, all the more important.

The noble and learned Lord, Lord Thomas of Cwmgiedd, has, at this stage of the Bill, moved an amendment that incorporates both his own original and entirely appropriate insistence that the Lord Chief Justice, not the Lord Chancellor, should make the appointments, and some of the other suggestions that the Constitution Committee referred to, which have been mentioned, in particular, by the noble Lord, Lord Hayward. The Minister should listen carefully to the noble Lord, who knows what he is talking about when it comes to boundary hearings. His insistence that we need to safeguard independence is entirely justified, and I hope that his disagreement with other aspects of the amendment will not deter him from continuing to support the efforts of the noble and learned Lord, Lord Thomas, to achieve the kind of independence that the noble Lord has recognised is important.

No assurances the Minister can give could possibly satisfy us that we have guarded against the danger that lurks here. That is because we are talking about any future Government, of whatever political party, who have a majority in the House of Commons, and thus the prospect of using that majority to disrupt the electoral process, or pervert it to their advantage, in ways that will always be defended on the most respectable grounds, beneath which, however, will lie political motives —motives of party advantage and protection.

What is extremely likely to happen is that, at some time in the future, a Government, recognising that they can no longer block Boundary Commission recommendations or delay them until after the next election, will say, “We’d better make sure we don’t get unwelcome recommendations that are disadvantageous to us, and which we might think are wrong in principle. We must stop that from happening by appointing to the Boundary Commission people who have got the political message—people who understand the significance of ensuring that our views remain predominant in any future Parliament.” These things happen; they are part of the reality of political life, and constitutional provisions are there to protect us from their malign influence.

Along with that, of course, goes perceived impartiality, to which the noble Lord, Lord Janvrin, referred. We are in an era when the principle of getting one’s revenge in first seems to apply in the United States. President Trump says, “If I win the election, it’s fine, but if I lose, it’s because the election has been rigged.” So he has already started his attack on the postal ballot provisions in American election procedure. That is an illustration of the fact that the impartiality of the electoral process is easily traduced or complained about, and if there are aspects of it that, on sound authority, can be shown to be at least weak in protecting impartiality, they will be criticised and exploited, and will be used as arguments to question the validity of the democratic process, at least in some individual seats, if not in the election as a whole.

This is an important matter, and I am disappointed, because I thought the Minister had realised that something could be done about it. There is still time for a Third Reading amendment that would at least pick out some of the proposals of the noble and learned Lord, Lord Thomas. To fail to act on that is to compromise an otherwise sensible and constitutionally appropriate change, by leaving this matter open to political pressures of a kind that cast doubt on the validity of elections.

[Lord Wallace of Saltaire (LD) [V]]

My Lords, as the noble and learned Lord, Lord Thomas of Cwmgiedd, has argued, the amendment reflects a constitutional principle. In an effective democracy, in which the power of the Executive is limited both by the rule of law and by the scrutiny of Parliament, regulatory authorities independent of undue executive influence play a vital role. Separation of powers between legislature, courts and Executive is central to constitutional democracy —and, as the noble Lord, Lord Hayward, said, they must be seen to be separate.

We are all painfully aware of the baleful impact of gerrymandering in American politics. The institution of independent Boundary Commissions is there to ensure that political representation in the United Kingdom does not follow any distance down that path. The change in the position of the Lord Chancellor that took place in 2005 makes it entirely appropriate, therefore, that the Lord Chief Justice should now inherit that role in England.

Our current Government have recently demonstrated worrying tendencies towards authoritarian populism. Their attacks on the Supreme Court and on judicial review have uncomfortable echoes of the approaches of the Polish and Hungarian Governments. The Electoral Commission is now under sustained attack, including from a co-chairman of the Conservative Party, for attempting to enforce the rules on campaign spending and political advertising. Calls from some Conservatives for its abolition suggest that they reject regulation of electoral campaigning as such.

--- Later in debate ---

[Lord Lipsey (Lab) [V]]

My Lords, I am not going to go back over all the arguments about 7.5%, 5%, 10% and so on; they have been wonderfully rehearsed by noble Lords who are much more knowledgeable than I am. I want to take this opportunity to make a general point about the process in relation to parliamentary constituencies.

We go to great trouble, as noble Lords said earlier this afternoon, to protect the effectiveness and neutrality of the Boundary Commission. It seems to me to be in complete contradiction to that to allow the Government of the day, effectively, to decide matters that are greatly going to affect the electoral geography, such as the number of years—as we debated yesterday—for which a Boundary Commission report should apply or, in this case, the degree of variety that should be permitted in their size.

Across the Atlantic, we have a dire warning of what happens when you let politicians decide for themselves on the rules that will determine whether they are elected. The danger of appearing to be partisan when doing it our way seems to me great, and more effort should have been made by the Government and, I am sure, by others to achieve a consensus reform of parliamentary boundaries—we all agree there should be one—rather than one that can be accused of being partisan and that is, in any case, not being addressed with the seriousness that should apply.

I speak as someone who worked for the late Jim Callaghan, who was for a long time an esteemed Member of this House, as well as, briefly, an esteemed Prime Minister. In 1969, Jim Callaghan got his own party to vote down a set of recommendations from the Boundary Commissions for purely partisan reasons. Lord Callaghan, being of a different mould from many of the politicians who lead us today, had the decency in later years to admit that he had made a mistake and that he deeply regretted his actions. We are making a mistake in accepting a Bill so close to the one that was presented. It would have been very much better if there had been a process of negotiation and compromise, rather than an edict brought by a political majority. It will represent a further erosion of the esteem in which our Government and our Houses of Parliament are held.

[Lord Wallace of Saltaire (LD) [V]]

My Lords, I cannot understand why the Government continue to insist on this reduction in the variation of size between constituencies. The original justification was the Conservatives’ complaint that the width of variation created a structural imbalance in favour of Labour. Others have pointed out that this arose from differences in levels of electoral registration, in turnout and in the size of majorities. The last three elections showed that this allegedly structural bias had disappeared. It must be inertia at Conservative Party headquarters that explains why the Government are persisting with it.

As the noble Lord, Lord Foulkes, said earlier, in our unwritten constitution the House of Commons is supposed to a body that represents communities throughout the United Kingdom, not just an electoral college that votes for the Prime Minister. The first-past-the-post voting system rests upon the principle that there is a close relationship between each MP and his or her constituency, which means that each MP, and each voter, needs to grasp which constituency they are in and its relatively natural boundaries. Throw that out—as the noble Lord, Lord Blencathra, suggested that we have begun to do—and, as the noble Lord, Lord Foulkes, argued, you have made the case for proportional representation instead. The noble Lord, Lord Taylor of Holbeach, said that this widening of variation would be “unfair to the voter”. Let us have a wider discussion about what a fair voting system would be, if he wishes. This is nothing to with overall fairness for the voter.

This Government are chipping away, bit by bit, at many of the assumptions and conventions which constitute our constitution. Last December’s Conservative manifesto pledged to establish a commission

“to look at the broader aspects of our constitution”

before the end of this year, which is now less than three months away. Since then, we have heard nothing about this, nor does there appear to have been any consultations with other parties about the membership and working of such a commission. I do not see how a constitutional commission could possibly gain legitimacy if it emerged only from the Government, without any wider process of consultation or consent. Can the Minister tell us if the manifesto pledge has now been dropped, delayed for the indefinite future or is about to be sprung on us without prior consultation?

In the UK’s constitutional tradition, each MP represents a place, a recognisable community. To reduce the variation among constituency sizes to the narrow band which the Government propose weakens that link between MP and local community. Honest and traditional Conservatives, those who still remember and revere Edmund Burke, Benjamin Disraeli and Harold Macmillan, should join others in this House in supporting the amendment.

[Baroness Pidding (Con) [V]]

My Lords, I speak briefly against the amendments in this group.

As I said in my remarks on group 2, this Bill is about balance and fairness. It seeks to redress the inequality of constituencies. Fundamentally, the purpose of boundary reviews is to ensure that constituency boundaries are of equal size and based on updated figures. In reviewing constituency boundaries, I believe that a tolerance range of 10% strikes the right balance, allowing the Boundary Commissions to propose constituencies 5% larger or smaller than the quota. Any larger figure would simply mean that constituencies continue not to be properly equalised, perpetuating unfairness. I make these comments notwithstanding the exceptions made for protected constituencies, and with the addition of Ynys Môn.

In Committee and again today, some noble Lords have expressed a shared concern about the need for communities to be kept together within single constituencies, about particular geographies being respected, and, therefore, about greater flexibility being required in the redrawing of boundaries. This understandable sentiment has been balanced with the importance of ensuring that every elector’s vote carries the same weight; that every person has the same call on their local MP. The tolerance of 10% strikes the right balance, ensuring an approach that allows appropriate flexibility for the Boundary Commissions to consider important local factors such as geographical features and community ties, without introducing significant variability. Any greater tolerance for disparity between constituencies is totally inequitable. I ask noble Lords to consider that the elected Chamber—those Members of Parliament who are directly affected by any boundary changes—has agreed that the variance in seats of 10%, plus or minus 5%, strikes the right balance. I urge noble Lords not to support these amendments.

EU Exit: End of Transition Period

Lord Wallace of Saltaire Excerpts

Thursday 24th September 2020 Lords Chamber

[Baroness Hayter of Kentish Town (Lab)]

My Lords, I thank the Minister for the opportunity to question the Statement, despite it dealing with only one, albeit a visible, part of the preparations needed for 1 January: the physical movement of goods. On finances, accounting, the mutual recognition of qualifications, equivalence, citizens’ rights, consumer protection and pet passports, there is nothing. I was asked recently about what would happen to a UK national working and living abroad who, for example, retires back to the UK in 10 years’ time, after the cut-off for the temporary measures, with his or her EU spouse and children. Will that family be able to return with the British national? The fact that these questions are still being asked is testimony to the amount of uncertainty remaining.

The Statement is very UK-focused, with no mention of the challenges to the Crown dependencies, nor indeed to Gibraltar, which has had to issue a technical notice warning that while EU goods will hopefully still be imported with the same processes, anything from Britain will have to be checked into the EU through a border post and checked back out again. While I welcome the chance to ask about the challenges our exporters, importers, ports and customs face, we should not pretend that this covers everything, nor that everything is done and dusted.

From the Statement, we have learned of the risk of 7,000 lorries in Kent. In order to help visualise this, my honourable friend Kevin Brennan helpfully pictured it as a single line from Dover to Westminster. Clearly, the Government do not want them all in Kent, so they are introducing a “Kent access permit”, which I guess is today’s equivalent of a “Passport to Pimlico”—presumably with Michael Gove as today’s Stanley Holloway. It is unclear how these access permits will be policed, because there can hardly be a “ring of steel” around the county. Can the Minister therefore tell the House how many roads go into Kent, how many police will be needed to carry out the checks and where he envisages finding the extra police, as I presume that others will not have the authority to halt or turn back an otherwise legal lorry? Can he also outline how these measures will prioritise perishable goods and key degradable items such as radioisotopes and medical products, and just-in-time supply chains?

Given that much of the documentation required will be electronic, it could easily continue within lorries en route, so it may not be complete when they enter Kent but would be finalised by Dover. How is that going to be policed? Once in Kent, the lorries may still have to go to the yet-to-be-built lorry parks the Government are planning in 29 local authority areas, without bothering to consult residents. What are the costs of the lorry parks and their staffing? Are those included in the costs noted for “the border” because they will be inland?

Mr Gove has said that

“we have invested in the sites in Ebbsfleet and North Weald, Ashford, Warrington and the west midlands … we are working with the Welsh Assembly Government to invest in a facility near Holyhead in Anglesey.”—[Official Report, Commons, 23/9/20; col. 969.]

When will these sites be ready and what are the costs?

It is no good telling business to act now without information or systems in place. They are pleading for the details to which they need to work. The Statement says:

“Every business trading with Europe will need to … familiarise itself with the new customs procedures”.


Quite so, but they do not know what those new procedures are. The food and drink industry would love to be ready for Brexit but there is no guidance about what labels businesses will need to use to sell their goods legally into the EU and Northern Ireland next year. As I mentioned in Grand Committee yesterday, this applies particularly to the organic sector.

The Government need to explain why on earth all the essential prerequisites for a smooth transition are not already here. The Statement talks of £700 million for infrastructure and new technology, 1,000 extra staff, £80 million to help businesses, plus a new information campaign; all on top of what has already been spent—more than £4 billion, according to the NAO—including on staff, external advice and advertising. In addition, we still have the cost of Mr Grayling’s non-existent ferries and other no-deal preparations. The Minister may not have the answer today but will he write to me with the full, total costs of government expenditure needed for the change to our trading arrangements?

The Government also acknowledge that there will be some £7 billion worth of additional bureaucracy for businesses. Can the Minister also write with the full cost to the Government and to business of all the changes that will be needed? It would also be interesting to see alongside those costs an estimate of how many years before those “great prizes” and export opportunities mentioned in the Statement pay off all the investment of the change before we are able to reap the real benefit.

I have a specific question for the Minister. The Statement says that our new trade deals will

“help developing nations to grow faster”

and provide “lower prices for consumers”. Can he explain how that will happen and why only now it becomes possible? We would love to see both outcomes—developing nations growing faster and lower prices for consumers—but I fear that it might simply mean less being done, lower standards and less protection for the environment. To reassure me that that is not the case, perhaps the Minister could explain how that is achievable in a less harmful way. If he has time, he might like to put on record the Government’s response to the latest LSE/UK in a Changing Europe view, published today, that the economic cost of no-deal could be two or three times as bad as the impact of Covid.

[Lord Wallace of Saltaire (LD) [V]]

My Lords, I am not sure whether to sympathise with the Minister for having to defend a Statement with which he cannot entirely agree, to admire his loyalty in following each step the Government take towards a harder break with the EU than was ever hinted at by the Vote Leave campaign in the referendum, or to be appalled by his willingness to swallow the shifty rationalisations of the Johnson-Cummings-Gove cabal.

Yesterday in Grand Committee, the noble Lord, Lord True, attacked the European Union for challenging

“the United Kingdom’s well-established position on state aid”.—[Official Report, 23/9/20; col. GC 506.]

True or false? I asked two friends in the City if they knew what the Government’s established policy on state aid was and they burst out laughing at the idea that there is any clear policy. The interview that Lynton Crosby gave the Financial Times on Monday helped me to understand the Government’s current position. He said that

“in negotiations like this you need a little bit of crazy to keep your opponents guessing”.

I thought, “Ah, this is the art of the deal. The Donald Trump approach to negotiation—monster your opponents, talk tough, insist that they act reasonably, and either they will compromise further than they intended to or you can walk away and blame them for the failure. It is the Johnson-Trump playbook.” If the Statement is an attempt to bluff the EU into believing that we are well prepared for a no-deal outcome, it is clearly a failure. It shows that we are woefully unprepared and is an attempt to shift the blame onto business and potentially on to the French and Belgian Governments.

It has been clear to almost everyone concerned with the UK’s external trade since Theresa May’s Government decided to leave the single market that the channel ports would pose problems, except that Dominic Raab did not realise that and Boris Johnson did not bother to think about it. It was also clear that it would take well over a year to create the new infrastructure needed and to recruit and train the additional staff. Yet, here we are, 100 days short of 2021, and the Statement deplores a “lack of business preparedness”. The rest of us deplore the lack of government preparedness. The same mixture of incompetence, ideology and negligence that has marked the Government’s approach to Covid-19 marks their approach to the channel ports.

The same sweeping aside of inconvenient facts marks Ministers’ handling of the Irish border. The British Academy held its first seminar on the problem of the Irish border if the UK were to leave the EU in March 2016, attended by officials, among others. Yet the Prime Minister now claims that in October 2019, three years later, he still did not understand the complexity of the issue. The Statement refers to hundreds more Border Force staff “being recruited now”. Why were they not recruited months ago? How many of the additional Border Force and customs personnel required will be fully trained and in post by 1 January, and how many are still being recruited or trained?

The Statement refers to new technology being important. Is this now being fully tested and will it be in working order on 1 January? The Statement refers to “queues” and “associated disruption and delay” in Dover, at least for the first six months. What arrangements have been made to ensure that fresh food, vegetables and fish are not delayed beyond the point where they are spoiled, which would lead to shortages in British supermarkets? Can the Minister explain what is meant by the warning that

“if our neighbours decline to be pragmatic”

we will face the worst circumstances? Do we demand that the French and Belgians decline to enforce their own border checks because we are not ready to enforce our own? Is this the Trump-Johnson playbook again: “We are unreasonable but will pin the blame for chaos on you, unless you help get us out of the mess”?

The noble Lord, Lord True, will now defend Michael Gove’s extraordinary Statement with his weasel words about an “exit on Australian terms” and his fantasies about how a “truly sovereign state” may behave. I hope that there will come a point where the noble Lord will consider that his self-respect as a Conservative requires him not to follow Johnson and Cummings’s efforts further down the road to alternative reality and fake facts, be true to his best instincts instead and follow the principled example of the noble and learned Lord, Lord Keen.

[The Minister of State, Cabinet Office (Lord True) (Con)]

My Lords, there were a number of observations there, some of which could be characterised as a little wide of the Statement and perhaps a little behind the game—the game being that the British people have decided to leave the European Union. We are leaving the single market and the customs union and are preparing for that. Frankly, continually railing about this situation—as the noble Lord, Lord Wallace of Saltaire, did with some colourful language in parts of his intervention—does not help us address some of the specific issues in this Statement. For the avoidance of doubt, I am very content with the direction of travel of the United Kingdom and this Government. Unfortunately, I cannot ease the angst of the Liberal Democrat party in that respect, but I note it. Since the noble Lord offered sympathy to me, I reciprocate.

So far as the specific questions I was asked are concerned, I hope I have made a note of most of them. If I have not, I will follow them up. The overall stance of both interventions was, “Why haven’t we done more sooner? Why are there still some uncertainties?” Obviously, there are still some uncertainties; that is the nature of a broad negotiation. The noble Baroness, Lady Hayter, went wide of the specifics in the Statement, as she fairly acknowledged, but much of the central, core stuff that this Statement is concerned with flows from the fact—which is not affected by whether we get a free trade agreement—that we are leaving the customs union and have to address that situation. We have already adjusted our own phasing of border controls up until July 2021 specifically to help. I note what was said about our friends and counterparties in other member states. Obviously, their policy decisions are for them, but we hope to have fruitful and helpful exchanges with them up to and through this process’s conclusion.

I was asked about Gibraltar. I assure the noble Baroness that the Foreign Office is working closely with Gibraltar and that its interests will very much be taken into account in the transition process. Next Monday there is a meeting of the withdrawal agreement joint committee, which will deal with a number of aspects.

Comment was made about the reports in newspapers about what was called the Kent access pass. It was said in newspapers that this was a border in Kent. The noble Baroness asked how this would operate. It is an approach related to road use, and it is not intended that every vehicle will be stopped. As the noble Baroness says, that would be difficult to do. The reality is that disruption will occur if vehicles without the right documentation arrive at the point of departure. The Government’s whole strategy—our conversations with the road haulage industry, the publicity campaigns we have been running and the process of “Check an HGV” and smart freight—is designed to make sure that the maximum number of haulage vehicles will have the appropriate documentation. If they enter Kent and do not have that documentation, it will be possible for that to be picked up by ANPR and other resources.

The concentration will be on the M2 and M20. The Kent Resilience Forum is looking at all aspects of movement in Kent, but it is a roads-based approach intended to reinforce the advice with an element of deterrent. The cost of the port and inland infra- structure is up to £470 million; some of that is in place. Conversations are ongoing with local authorities and local Members of Parliament about the specifics. Some of this has already been put in the public domain; more will come into the public domain shortly.

On standards, there is not a direct correlation between price and standards. Some very high-quality goods can be cheaper. One of the purposes of free trade deals, which the Statement quite rightly says will help many countries around the world, is that—this is in the history of free trade deals—they tend to lower prices. That is to the benefit of the underprivileged as well as the privileged.

Border Force recruitment is going on. I do not have the exact figures, but £10 million has been put aside to recruit around 500 more Border Force personnel and training is in progress. I will pick up the other points in the two statements after I sit down, when I see Hansard. There are various estimates of elements of the cost. I will try to help as far as I can.

This is a practical programme. There are many thousands of excellent civil servants working on it, and the Government have great confidence that Britain will be ready and able to trade from the end of the year.