Queen’s Speech

Baroness Hayter of Kentish Town Excerpts

Wednesday 28th June 2017 Lords Chamber

[Baroness Hayter of Kentish Town (Lab)]

My Lords, in rising to speak to my amendment, I welcome the noble Baroness, Lady Anelay, to her new role. I first heard her speak outwith this Chamber at the memorial meeting for the late Lord McIntosh of Haringey, where I witnessed her affection for a Member of these Benches. I shall not try to emulate him, so shall not presume on the same affection—but I judge that we will be able to work together to enable the House to play its full role in the enormous task of how to engineer a Brexit that works for all. I also thank the noble Lord, Lord Bridges, whose humour, patience and erudition we will miss. We look forward to his contributions from his new—perhaps freer—vantage point.

It is a year since the referendum, but we await answers to a plethora of questions as to how the Government plan to take us out of the EU—probably the biggest leap as a nation since the 1939 decision to go to war. I do not wish to talk down the non-Brexit measures in the gracious Speech, but they are revocable. Brexit is not—and how we leave will have a lasting impact. So on this side we will work to achieve a departure that promotes jobs and the economy, safeguards our security and the environment and benefits all our nations, cities, regions, towns and rural communities, such that all might prosper from the new landscape that the Government envisage.

One issue is our role on the international stage. By pooling our influence with 27 other countries, we have gained real clout in the world, promoting human rights and playing a leading role in the Paris climate accord. We need to ensure that our future trade, security and diplomatic relations, and the tone of our withdrawal, preserve as much British influence as possible.

As we have heard, we are due eight Brexit Bills. All will impact on our economy, but they will not cover many areas of the negotiations where we want a deal that puts jobs and the economy first, gives full access to the single market, allows levy-free and border-check-free movement of goods, and upholds the Brexit Secretary’s pledge to achieve the “exact same benefits” as now. We are not alone in seeking this. Interested parties, from the City of London to trade unions, are united in the view that jobs and the economy must be the priority. Given that the EU accounts for almost half our exports, it is unsurprising that representatives of almost every sector make the same point: 17% of exports pass through Dover, some 7,000 lorries a day. Even aside from the Irish situation, the Government must set out how frictionless trade can continue.

While post-Brexit laws should, of course, be passed by our Parliament or the devolved Administrations, it is irresponsible to ignore the importance of dispute adjudication to any international agreement. With the negotiations under way, the Government must either drop their arbitrary red line on the European Court of Justice or set out a feasible alternative. Without this, they will struggle to achieve their aims. The Wellcome Trust, pointing out that science is a driver of economic growth, stresses the importance of pharmaceuticals and life sciences maintaining free access to European markets. But those markets need harmonised regulation, which will be complicated if the Government rule out any role for the European Court of Justice. If the Government’s ideological red line on the ECJ could perhaps become pale pink, the potential of British science, and other sectors, to enhance British competitiveness would improve.

Meanwhile, there are urgent matters, such as family law, where civil justice co-operation provides certainty, with automatic recognition and enforcement of judicial decisions across the EU. Despite any loss of these being,

“felt … profoundly both by … families … and by our … court system”,

Sir Oliver Heald mistakenly suggested to our EU Committee that the repeal Bill could cover these. In fact, there is no means by which these reciprocal rules can be replicated in the repeal Bill. So I ask the Government: how will they replace this cross-EU regime for which there is no satisfactory fallback? Recognition and enforcement of court judgments is of course equally important for insurance, insolvencies, contract law and investment in this country, so they must be part of any Brexit deal.

Retaining access to EU databases will be vital in the fight against international crime and terrorism. Are the Government willing to share some sovereignty for this and for our continued involvement in Europol, Eurojust and the European arrest warrant, while of course maintaining EU privacy laws?

Although we welcome the entrenchment of EU regulations into domestic law, the repeal Bill cannot cover EU agencies, reciprocity, intelligence sharing, joint recognition and supervision of standards or mutual recognition of qualifications. To take just one example, we belong to 34 EU agencies and, without a settlement, the European Medicines Agency will no longer be able to approve UK products for use in the EU. Without the European Chemicals Agency, are the Government going to allow companies to import whatever chemicals they like, with no oversight? There are equally urgent questions over future participation in the European Food Safety Authority and in Euratom. All these help to keep the public safe.

With regard to immigration—I am sorry that this, rather than jobs and the economy, is still a priority for the Government—there are two aspects: the EU citizens already here and the longer-term approach. For the latter, we must base our policy on the needs of communities and the economy. Despite what we heard from another Minister earlier, farmers have already been hit by a lack of migrant workers to harvest fruit and vegetables. There was a 17% shortfall in May, leaving some critically short of pickers and our summer strawberries at risk—just as Wimbledon is opening.

The chairman of the UK’s largest supermarket warns that a cap on immigration would have a,

“materially detrimental effect on the UK economy”.

The hospitality industry stresses that we do not need just doctors and engineers but chefs, cleaners and front-of-house staff. With 17% of construction workers coming from the EU, what future is there for major infrastructure projects without this vital resource? The director of the Wellcome Trust pleads—given that great science is built on great talent—that we need to welcome EU researchers, technicians, innovators and students, who help our universities help us. But, since the referendum, there has been a chill on this flow of talent, with Wellcome’s Sanger Institute, which sequenced a third of the human genome—and which I had a small part in opening—seeing a halving of PhD applications from EU nationals.

On the human level, as this House made clear in supporting the amendment to the Article 50 Bill, people should not be used as bargaining chips. The Prime Minister’s offer is too little, too late—and it is conditional. I hope that the Government will listen to this House a bit more, and will work in partnership with our European neighbours and our devolved authorities. Indeed, it is not clear how the Brexit Bills will accommodate devolved competencies, including food safety and environmental protection. Can the Minister confirm whether the Scottish Parliament will need a consent Motion for the Brexit Bills? Perhaps the noble and learned Lord, Lord Keen, would be the most appropriate person to answer that question.

The Government must improve their consultation with business, consumers and trade unions—I am delighted that they were mentioned, but the consultation with them has been insufficient—and, indeed, with all industries dependent on mutual recognition of qualifications and standards. There has been a sad lack of engagement, with the CBI commenting that the Government,

“found it tough to listen to business on Brexit”.

It is true that a new forum for business has just been announced, but there are no similar proposals for consumers or, indeed, other significant groups. Ministers will hear calls from industry for time to adjust to the final deal. Acceptance of a phased transition is urgent, so that, as the Chancellor—although, I think, not David Davis—says, we avoid unnecessary disruption and dangerous cliff edges. Indeed, this is the Institute of Directors’ main worry. At the very least, it asks that replicating the EU’s common external tariff while we finalise the free trade agreement should be an option, and with early reassurance on this to help businesses that may otherwise activate contingency plans to relocate.

The Government must also engage with Parliament. A meaningful vote was mentioned. I think that I heard the words “expect to have this” before the European Parliament vote. Earlier, we were promised that this would happen before the European Parliament vote. Perhaps, in replying, the Minister could clarify that that will be a meaningful and timely vote.

In moving the humble Address, the noble Lord, Lord Forsyth, who I think is not in his place, claimed that the,

“rapturous enthusiasm on the Benches opposite for Jeremy Corbyn, is matched only by their relief that he is not running the country”.—[Official Report, 21/6/17; col. 10].

I have to tell him that he was wrong. I would be very happy to be standing at that Dispatch Box rather than this. But I also say to him and to the Minister that I would approach her job with immense trepidation. She is carrying an invaluable Ming vase across a highly polished floor. In the Government’s hands is the future of our economy, and thus the well-being of our people. How the Government negotiate our future with the EU will have immense consequences for the nation—our businesses, workers, consumers, young people and trade unions—for generations to come. As the most reverend Primate the Archbishop of Canterbury said last Thursday,

“trade deals, customs unions, single markets, financial passports are all without use unless they … serve individuals, communities and … society”—[Official Report, 22/6/17; col. 39].

I believe that neither this House nor—certainly—the Opposition is out to block Brexit, but we will work to get the best for Britain. Late tonight is not the time to vote on this one issue, but we will ensure that there are other opportunities for the Lords to provide Ministers with advice on the negotiations. We trust that they will listen.

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Tabled by

[Baroness Hayter of Kentish Town]

As an amendment to the above motion, at end to insert “but, recognising that no deal is the worst possible deal, call upon Her Majesty’s Government to seek to negotiate a Brexit that prioritises jobs and the economy; delivers the exact same benefits as the United Kingdom currently has as a member of the single market and customs union; ensures that there is no weakening of co-operation in security and policing; and maintains the existing rights of European Union nationals living in the United Kingdom and United Kingdom nationals living in the European Union.”

Amendment to the Motion not moved.