Brexit: Movement of Goods between Northern Ireland and Great Britain
Lord Callanan Excerpts(4 years, 6 months ago)
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The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)
My Lords, with the leave of the House, I will now repeat in the form of a Statement the Answer given in the other place earlier today by my right honourable friend the Secretary of State for Exiting the European Union:
“On 17 October the United Kingdom and the European Union reached political agreement on a new withdrawal agreement and political declaration for the future relationship. This includes a revised protocol for Northern Ireland/Ireland, which has been extensively debated in this House. This agreement is clear that Great Britain and Northern Ireland are one customs territory. Goods that are not at risk of moving to the European Union will attract no tariffs.
These arrangements mean that Northern Ireland would remain in the UK’s customs territory and could benefit from the UK’s new trade deals with third countries. For goods moving from Great Britain to Northern Ireland, those destined for the European Union will have to comply with European Union rules. To ensure that the correct tariffs are applied and that goods comply with the rules of the single regulatory zone, some information will be needed on goods moving from Great Britain to Northern Ireland.
The deal also explicitly allows for the United Kingdom to ensure unfettered market access for goods moving from Northern Ireland to Great Britain. There will be minimal targeted interventions designed to prevent, for example, the trade in endangered species—something I would have thought this House agreed on. We will work with the European Union to eliminate these limited processes as soon as possible after Brexit.
The most important point is that these arrangements automatically dissolve after four years unless a majority of the Northern Ireland Assembly in Stormont votes to keep them”.
Baroness Hayter of Kentish Town (Lab)
Perhaps I may help the Government because I do not think they understand their own deal, which effectively ends the UK’s single market by imposing different tariffs and rules between Northern Ireland and Wales, Scotland and England. The Prime Minister keeps insisting that there will be no checks between GB and Northern Ireland, but Steve Barclay had to admit to our own committee that exit summary declarations will be required between Northern Ireland and GB. Today’s words were “minimal interventions”. Well, Mr Johnson, that means “checks”. The impact assessment says that some 215 million import and entry or exit declarations will be needed at a cost of between £15 and £56 each.
The Answer we have just heard states that the withdrawal agreement will ensure,
“‘unfettered’ market access for goods moving from Northern Ireland to the rest of the United Kingdom’s internal market”.
However, if you look at the Bill—which some of us have to do—the word “unfettered” has disappeared and it allows for regulations to facilitate access to the market in Great Britain. Can the Minister come clean and admit that trade between Northern Ireland and Great Britain will now be like sending something to a foreign country?
Lord Callanan
First, the noble Baroness is wrong: there will be no tariffs on goods from Northern Ireland to the UK. We have agreed these arrangements because of the unique situation of Northern Ireland. As we were told extensively when the original customs proposals were produced that this would result in checks in Northern Ireland, we compromised for the sake of getting a good agreement, which we were constantly urged to do. We have recognised the unique situation of Northern Ireland: we have provided a consent mechanism for Northern Ireland’s elected representatives to decide whether they wish to take part in these arrangements. Importantly, it ensures that there are no checks in Northern Ireland between Northern Ireland and the Irish Republic, and that there are no borders. It is important to bear in mind that there are already checks because of the single epidemiological unit of Ireland—for example, on live animals going between Great Britain and Northern Ireland. We are proposing a small number of administrative checks and we will work with the European Union to ensure that these are as minimal as possible, if they are needed at all.
Lord Bruce of Bennachie (LD)
Will the Minister acknowledge that before this deal there was—and if this deal is accepted there will not be—friction-free movement between Northern Ireland and the rest of the UK? In reality, businesses across the whole of Ireland will have to fill in tens of millions of forms to carry out the business they can do today without any such bureaucracy. This is hardly a free trade agreement of any validity. Is it not also a denial of the Government’s claim that the referendum was a UK-wide referendum that demanded a UK-wide solution? How dare a party that calls itself the Conservative and Unionist Party claim that it is defending the union when what it is actually doing is driving a coach and horses through it.
Lord Callanan
I do not agree with the noble Lord: Northern Ireland is leaving the EU with the rest of the United Kingdom. It was a UK-wide referendum. There will be no forms to fill in. We think that all these checks, if they are required at all, can be done electronically. However, as I said, a joint committee has been established in the withdrawal agreement. We will work with the European Union through the implementation period to ensure that these interventions are as minimal as possible.
Lord McCrea of Magherafelt and Cookstown (DUP)
On 8 December 2017, the then Prime Minister gave this emphatic unilateral commitment:
“There will be no new borders within the United Kingdom of Great Britain and Northern Ireland”.
How does the present Brexit deal square with that commitment? Have the Government not sacrificed Northern Ireland in the present deal in the interests of getting a deal for Britain irrespective of its implications for Northern Ireland? Are the Prime Minister and the Brexit Minister actually aware of what they have agreed to?
Lord Callanan
The noble Lord speaks with great authority on these points. We accept that we have compromised with the European Union to get a deal. We think that these arrangements will be acceptable. The consent mechanism is built into them, by which, after four years, elected representatives in Northern Ireland will be able to decide whether they continue. During the implementation period, we want to work with the EU and the Government of Ireland to make sure that this new procedure works as satisfactorily and smoothly as possible.
The Earl of Kinnoull (Non-Afl)
My Lords, the European Union Select Committee held a public evidence session on Monday and the Secretary of State gave evidence. He was asked during that session whether Northern Ireland businesses sending goods to Great Britain would have to complete export declarations. In answer he said:
“Just to be clear, the exit summary declarations will be required in terms of Northern Ireland to Great Britain”.
My question to the Minister has a yes or no answer: does he stand by the words of the Secretary of State?
Lord Callanan
It is right that some administrative processes will apply to goods moving from Northern Ireland to Great Britain. In the coming months, we will work with the EU and the Irish authorities to make sure that we can eliminate those processes in the detailed implementation of the new agreement.
Lord Lilley (Con)
My Lords, can the Minister confirm that the original withdrawal agreement included paper declarations A.UK for any exports from Great Britain to Northern Ireland, but that did not require the consent of the Northern Irish people? Can he further confirm that these documents are identical to those that Turkish imports into the European Union must fulfil, even though Turkey is part of a customs union, so the idea that a customs union obviates all border controls with the European Union is not true?
Lord Callanan
These are not customs controls; they are administrative checks that need to be made because of single market rules and single market membership. They are the result of international obligations that the EU implements through single market rules. However, my noble friend makes an important point.
Lord Campbell-Savours (Lab)
My Lords, every individual consignment from an individual supplier on the UK mainland to every individual customer in Northern Ireland would, under the proposed scheme, be the subject of an individual customs entry, so 100 separate Northern Ireland deliveries from a UK-mainland supplier could be the subject of 100 separate customs entries, possibly under different tariff headings. How else can you control fraud?
Lord Callanan
I do not believe the noble Lord is correct about that. On the details of implementation and exactly how the arrangements will be implemented on the ground in practice, we want to work through the joint committee with the EU, Northern Irish and Irish authorities to make sure that implementation is as smooth and frictionless as possible.
Lord Purvis of Tweed (LD)
My Lords, 53% of all goods and services for sale in Northern Ireland come from GB and 65% of all exports from Northern Ireland come to GB, resulting in 419,000 HGV crossings over the Irish Sea. I telephoned the Brexit imports and exports helpline this morning to ask what information was available to businesses conducting this trade and was told by the Government, “We have absolutely nothing on this. Sorry”. Will the Minister apologise for trying to ram through an agreement in three days in the House of Commons and in a short time in this House when no information would have been provided to Parliament or to Northern Ireland businesses conducting this business on the costs and burden inflicted on the UK internal single market?
Lord Callanan
I have made the point a number of times that we will work with the EU and the Irish authorities to make sure that these interventions and processes are as smooth and pain-free as possible. However, I readily accept that to get an agreement and a good deal—as we have done and as we are constantly urged by the Opposition to do—we have to compromise. I think this is a good deal. We have worked collaboratively, as we have been urged to do. The Opposition told us that they did not want no deal; they wanted a deal. We have now concluded two different deals, both of which they keep telling us they do not like. The Opposition should just admit that the reality is that they do not want to leave the European Union at all—they do not want to implement the result of the referendum. I am pleased that the Liberal Democrats are happy to acknowledge that.
Brexit: Preparations
Lord Callanan Excerpts(4 years, 6 months ago)
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The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)
My Lords, with the leave of the House, I shall repeat a Statement made today in another place by my right honourable friend the Chancellor of the Duchy of Lancaster. The Statement is as follows:
“Mr Speaker, with permission, I would like to make a further Statement on our preparations to leave the European Union on 31 October. Before I do so, perhaps I may underline the gratitude of Members on all sides of the House for the efforts of not only the House authorities but also those of the police on Saturday. I also thank Opposition Members, including the Members for Manchester Central and for Brent North, for their kind words on behalf of all Members of the House.
The Government are determined to do everything they can to leave the EU with a deal, and the agreement the Prime Minister concluded at last week’s European Council gives this House the opportunity to honour the 17.4 million people who voted to leave the EU on time and in an orderly fashion. Parliament had the opportunity on Saturday to support a meaningful vote which would have allowed us to proceed smoothly to ratification of our deal and exit on 31 October, but the House instead voted in such a way as to put an orderly exit on that date in doubt. I appreciate and understand the honest intentions and genuinely sincere motives of many of those who voted for the amendment which stood in the name of my right honourable friend the Member for West Dorset. Perhaps I may place once more on the record the very high personal regard in which I hold him, because I know that he always acts in what he believes to be the national interest and I deeply deprecate the personal criticisms directed towards him.
But the House’s decision to request that a letter seeking an extension to Article 50 be sent unfortunately creates no certainty about our exit in an orderly fashion on 31 October. Before Saturday’s proceedings in the House, European leaders, including the President of the European Commission, the President of France and the Taoiseach, deliberately and explicitly explained that Members should not cast their vote on the assumption that the EU Council will offer an extension. There is no certainty in this matter. Furthermore, no formal response from the EU has yet been received to the two letters sent by the Prime Minister on the evening of Saturday 19 October: the first requesting an extension to the 31 October deadline as required under the terms of the EU (Withdrawal) (No. 2) Act; the second setting out the Government’s position that we believe that a delay to Brexit would be corrosive—a view shared by the EU 27 leaders.
With no clear agreement yet in this House to ratify our withdrawal agreement and no certainty that an extension will be granted by 31 October, I fear that I must now take appropriate steps to prepare for the increased possibility that the legal default position will follow and we will leave on 31 October without a deal. The clear advice to me from officials is that we must now intensify contingency arrangements. That is why the Cabinet’s XO committee met yesterday to agree that the Government’s Brexit preparations now move into their final and most intensive phase and that Operation Yellowhammer be triggered.
Let me be clear: no one would be happier than me to turn off those preparations and stand down planning for no deal. I do not think that anyone in this House can doubt my desire to see a deal concluded. But if we are to be certain to avoid a no-deal outcome on 31 October, we have to vote for the Prime Minister’s deal. We must ensure that the vessel which brings certainty passes expeditiously through this Parliament and avoid any attempts to delay, capsize or hole it below the waterline. In that spirit, I thank the many parliamentarians across the House who have indicated that they will be backing the Prime Minister’s deal, which, until he brought it home, many people thought would be impossible to negotiate. This deal ensures that we can leave the EU. It is entirely consistent with the Belfast agreement and all our other domestic and international obligations.
I also underline that once a withdrawal agreement has been ratified, this whole House will be involved in agreeing the mandate for negotiations on our future partnership arrangements with the EU, and we will work particularly closely with all parties to ensure that vital protections for workers and the environment are secure.
In underlining the vital role all MPs will play in securing a strong future partnership, I also emphasise that we want business, trade unions and civil society to help us shape a bright future outside the EU. It is striking how organisations, from the UK Chemical Industries Association and UK Finance to the Country Land and Business Association and the Federation of Small Businesses, have welcomed progress on the deal and asked parliamentarians to end the uncertainty by supporting an agreement.
But, as I have explained, in the absence of that certainty, preparations for the risk of no deal have to be intensified. We will now accelerate our efforts to help businesses and individuals mitigate any dislocation and disruption that may ensue. From today, the Government’s XO committee will meet seven days a week to provide strong ministerial focus across government. Hundreds of public servants across the UK will have to be redeployed. They will transfer to work in operations centres, ready to identify challenges, work together to resolve problems swiftly and implement contingency plans. Government, local resilience bodies and operational partners will be working together, ready to respond 24 hours a day according to need. We are also finalising the latest update of our reasonable worst-case planning assumptions and will share these with the House very shortly.
We must maintain our public information campaign. From tomorrow, this will reflect our renewed urgency of preparation. The advice will help businesses and individuals appreciate what they must do to prepare, given the uncertainty that unfortunately still prevails. I again urge everyone to check the information relevant to their situation on GOV.UK and the comprehensive summary of actions to take, which are contained in the Government’s No-Deal Readiness Report published on 8 October.
We are complementing this information campaign with hands-on advice and assistance. The Department for Transport is continuing to give personal advice to hauliers at sites across the UK and the European Union, and working with local resilience forums to finalise traffic-management plans, particularly making sure we have a smooth flow of people and goods across the short straits. To supplement that, on 11 October 2019 it was announced that four operators—Brittany Ferries, DFDS, P&O Ferries and Stena Line—had been successful in their bids to deliver freight capacity for a six-month period from 31 October to 30 April. They will operate over 13 routes from eight ports in England: Teesport, Hull, Killingholme, Felixstowe, Harwich, Tilbury, Poole and Portsmouth.
Her Majesty’s Revenue & Customs is stepping up work to deliver its export webinar programme to thousands of firms. The Department for Environment, Food and Rural Affairs is distributing a Brexit farming advice guide to agriculture businesses. The Department for Business, Energy and Industrial Strategy is reaching hundreds of companies at readiness roadshows. Key departments are ensuring they have help-desk capacity in place, with advisers ready to give the direct support required. This will build on the estimated 850 recorded engagements with large businesses by DExEU and regular forums with over 70 trade associations conducted so far. We are taking note of comments and feedback left on GOV.UK by people seeking advice, and passing on details of issues and concerns to the relevant government departments.
We are also accelerating our programmes of key policy and legislative decisions to ensure full readiness, including making and laying secondary legislation. We will be laying the final SIs to ensure that all critical Brexit-related legislation necessary for day one is in force by 31 October. This includes the legislation for the new temporary tariff regime, for customs and for avoiding a border in Northern Ireland.
It remains the case that Northern Ireland would face unique challenges in a no-deal Brexit, and we will need to take steps to ensure effective governance and give directions to the Northern Ireland Civil Service. For the past two years, in the absence of devolved government—today’s session being a rare exception—my right honourable friend the Secretary of State for Northern Ireland has made alternative arrangements for governance. Legislation and guidance have been introduced to empower Northern Ireland’s civil servants to continue to take decisions in the public interest. I pass on my gratitude. While this arrangement has been sustainable to date, leaving without a deal would represent a formidable challenge to the current position. In that case, we would have to start formal engagement with the Irish Government about further arrangements for providing strengthened decision-making. That would include the real possibility of restoring a form of direct rule. We would, of course, do everything to ensure that the interests of all communities across Ireland were safeguarded in any arrangements. We all must recognise that this would be a grave step from which, experience shows us, it would be hard to return, particularly in the context of leaving without a deal.
Even as we prepare for the challenges of no deal, we will make the case in every forum we can for leaving with a good deal. Parliament has previously shown determination and a focused resolve to pass laws expeditiously when the occasion warrants. The deal we have secured honours the referendum mandate this House pledged to uphold, allows the UK to leave the EU whole and entire and puts in place the pathway to a new partnership with the EU based on free trade and friendly co-operation. That is why I again urge my colleagues in this House, all of us democrats first and foremost, now to support the Prime Minister’s deal. I commend this Statement to the House”.
Baroness Smith of Newnham (LD)
My Lords, I will follow on seamlessly from the noble Baroness, Lady Hayter. I have not had the advantage of seeing the Statement before the Minister repeated it, and so I am responding very much on the hoof.
I note that the Secretary of State suggested that it would have just been for the House of Commons to have voted in favour of this deal to honour the will of 17.4 million people. However, as the noble Baroness, Lady Hayter, pointed out, there were many opportunities: three times, a previous deal was voted down, and one of those who kept voting against the previous deal was the man who is now Prime Minister. The idea that somehow the House of Commons could have, on Saturday, ensured leaving on time is an interesting concept. I understood leaving on time to mean leaving by 29 March 2019. Theresa May, as Prime Minister, said 109 times that we were leaving on 29 March. The idea that, on Saturday, MPs somehow prevented us leaving on time is a little misleading.
If we are to leave the European Union, it ought of course to be done in an orderly way. Preparations for a no-deal scenario make sense. But if preparations for no deal, or to leave at all, were so important, how unfortunate it was that David Cameron prevented the Civil Service even preparing for the eventuality of a vote to leave. How unfortunate that the preparations for a no-deal scenario, which we are led to believe were made in advance of 29 March, were ripped up.
The Minister repeated that freight capacity will be increased from 31 October and that four operators have been contracted for six months to deal with freight. I seem to recall that we spent quite a lot of time earlier in the year asking questions of the noble Baroness, Lady Vere, about the contracts that had been let and subsequently set aside for the previous no-deal arrangements. Will the Minister tell us how much these new contracts cost and what will happen in the event that we do have a deal? Are we contracted to four freight operators for six months whether we need them or not?
It is clearly important to have effective arrangements for a no-deal scenario. Yet it seems that, in the last weeks, the person who has done the most work is Michael Gove. He and his office have been preparing actively for no deal. He is now talking about working seven days a week. How much effort has been put into ensuring that there is sufficient time in the event that a deal is agreed? How much time is being put in place to ensure that Parliament can do its duty? It cannot go forgotten that the Prime Minister tried to prevent Parliament carrying out its scrutiny duty for five weeks by attempting a Prorogation, which was then deemed null and of no validity. That was precisely the time when Members of your Lordships’ House and the other place could have been scrutinising both the prospect of a deal and no deal. That time was wasted.
This afternoon in the other place, quite a lot of time was spent discussing how much time it will have to debate and scrutinise the withdrawal agreement Bill, which, as I understand it, nobody has yet seen. I know that the Minister will throw the Benn Act back at us and say, “Ah! But noble Lords wanted a truncated process”. But the Benn Act was a short and relatively simple piece of legislation. The withdrawal agreement Bill cannot be a short and simple piece of legislation. We are talking about enacting an agreement of over 500 pages. The withdrawal Act of 2018 is extremely detailed legislation. If there is a withdrawal agreement, the Act to bring it into play and to amend the withdrawal Act of 2018 will inevitably be deeply complex. The idea that we can do that within 10 days seems incredible.
Lest the Minister and others on the Government Benches wish to say that this is our own fault, I ask this: how much time are the Government proposing to allow Parliament to sit? Would it not be sensible, as the Father of the House of Commons has suggested, that the Commons sit later into the night and on Friday? It is little use to suggest simply that your Lordships’ House sit on Friday and Saturday. What about ensuring that the democratically elected Chamber has the time to do the job that it is meant to do?
Finally, the noble Baroness, Lady Hayter, talked about a ruse. I wonder too whether there was not a ruse. Are we being told that we must prepare for no deal to make the hysteria so great that MPs feel the need to adopt this deal—any deal—simply to avoid no deal? Surely that is not good decision-making.
Lord Callanan
I thank the noble Baronesses for their comments and questions. I will turn first to the noble Baroness, Lady Hayter.
It is important to point out that, in these matters, we are acting on the appropriate official advice. Not to act on that advice would be the irresponsible thing to do. The noble Baroness made the quite incredible statement in her introduction that an extension was guaranteed and that surely we did not have to worry about it. I assume that she has not seen the statements of the President of France, the Taoiseach of Ireland or the President of the European Commission, who all said that an extension was by no means guaranteed. A number of other commentators in Europe have spoken against an extension—so not to prepare would be the irresponsible thing to do.
I repeat that no deal is not our desired outcome. We have negotiated a deal precisely because we want to see it agreed. However, in its absence, 31 October remains the legal default. That was the extension granted previously by the European Union, and of course the solution is in its hands. As I have repeatedly said, if Labour is so keen to avoid a no-deal exit, there is a deal on the table for it to vote for. There was a deal on the table for it to vote for several months ago and it decided not to do so. If it wants to avoid a no-deal exit, the best thing to do is to vote for a deal. However, the suspicion remains that it is not a no-deal exit that Labour is against but an exit at all. It is against Brexit.
I apologise to the noble Baroness, Lady Smith, if she did not get a copy of the Statement in advance. It is very difficult to respond to these matters if one has not seen them beforehand, so she has my sympathy. She also has my thanks, because she was one of the few Liberal Democrats who originally said that the referendum result should be respected—although I think she has changed her mind recently.
As to the freight contracts, these are framework contingency plans. We hope that they will not be required, but they are contingency plans in case there is severe disruption to make sure that we can still get category 1 goods—medical supplies et cetera—into the country. It is our hope and expectation that, with all the mitigations and the extensive and expensive planning that we have put in place with the various local resilience forums, the contingency contracts will not be required.
The noble Baroness made her own point about time for parliamentary scrutiny. She is quite right. I was going to throw the Benn Act back at her. However, I do not need to talk about the hypocrisy of that, because I have already made that point. Again, to be fair to the Liberal Democrats, they have been clear that they are against Brexit at all and not just a no-deal Brexit. However, I am sure that they will want to play their part in the appropriate parliamentary scrutiny.
Lord Callanan
The noble Baroness is correct that we want to see a best-in-class free trade agreement. That should be relatively straightforward to negotiate, and we believe that it can be done before the end of 2020. We want to see that done and in place so that we can move on to the next phase of our relationship.
Lord Carlile of Berriew (CB)
My Lords, given that the Minister has told us in no uncertain terms that we could be 10 days away from a no-deal exit from the European Union, can he now assure the House that steps have been taken to ensure that the data this country requires to protect itself from terrorism has been protected so that it will not be diminished after 31 October? Can he also assure us that steps have been taken to ensure that what we will lose from leaving the European arrest warrant has been substituted by improving the sometimes difficult measures that are applied by Interpol?
Lord Callanan
I can certainly assure the noble Lord that we have had extensive discussions and that planning has taken place with the security services to ensure that they have all the data available to them to enable them to do their job. It is the case, of course, in terms of national security, that many of these discussions go on outside the European Union, and those good relationships will continue. With regard to law enforcement data, we are putting mitigation steps in place to make sure that we can still take full advantage of the procedures.
Lord Howarth of Newport (Lab)
My Lords, given the serial inability of the House of Commons to reach a constructive conclusion on Brexit even when presented with this deal, which reasonable people should surely be able to compromise on and agree with, and given the very real possibility that the EU Council—fed up with the dithering and indecision of our Parliament—will decide that it has had enough and refuse to grant us an extension, is it not mere common sense that the Government should redouble their efforts to prepare for the contingency that we leave the European Union without a deal on 31 October? In these circumstances, would it not also be appropriate for this House to express its appreciation of all those officials who are straining every sinew to make sure that we are adequately prepared for such an eventuality?
Lord Callanan
I thank the noble Lord for his comments. It is indeed common sense that we prepare for that eventuality. It seems to be a common sense that escapes a number of Members in this Chamber, but it is the sensible thing to do. I indeed want to pay tribute to the many officials who are working extremely hard, up and down the country, seven days a week. As I walked into a meeting in the Cabinet Office on Sunday morning to discuss these matters, I thought of that very fact.
Baroness Janke (LD)
Many of us in this House, and the Minister’s good self, will be aware that, whatever happens with regard to leaving the EU, with or without a deal, there are many years ahead of negotiations, work and reaching resolutions of problems after 40 years of being in the EU. Does the Minister feel that the “Let’s get Brexit done” slogan of his party at the moment gives the right impression to the public? Does he not think that, as we have many years of negotiations ahead, members of the public will again feel that they have been lied to and misled and that the idea of bringing the country together and moving on will be fiction after all?
Lord Callanan
I thank the noble Baroness for her question. I cannot believe that I am being lectured about sloganeering by the Liberal Democrats. I would repeat the slogan that they gave us on Brexit, but it would probably be unparliamentary language, so I had better not. We should indeed get Brexit done.
Lord Howell of Guildford (Con)
My Lords, is it correct that it would take up to 33 weeks—more than half a year—to organise properly another referendum?
Lord Callanan
It is extremely difficult to say. However, the noble Lord is well experienced in parliamentary matters. The previous referendum, I think I am correct in saying, took about seven or eight months in total to get through the various Houses and their procedures and to take place. That was with a Government with a majority and a manifesto commitment to do it, so we can draw our own conclusions as to how long it would take to get referendum legislation through when this Government will manifestly not introduce that legislation. There is clearly no majority in either House for it and no agreement on what the question should be, or the franchise or the rules governing it. Many Members who are much more experienced in the workings of the House of Commons than I am have estimated that it could take even longer than that.
Lord Lea of Crondall (Lab)
My Lords, paragraph 10 of the Statement repeated by the Minister reads as follows:
“Furthermore, no formal response from the EU has yet been received to the two letters sent by the Prime Minister on the evening of Saturday 19 October”.
Is the Minister surprised that there has been no formal response to these two letters, which say opposite things? One of the letters is not signed, and that is the view of Parliament. The other letter is signed by the Prime Minister. It says that the EU can ignore the first letter, which is unsigned, because it is only the view of Parliament. Is the Minister surprised that in a parliamentary democracy it should be so surprising that the European Union, in all its manifestations, has not replied to these two letters on the grounds, first, of the strange constitutional concept behind them and, secondly, that they say totally opposite things?
Lord Callanan
What the Minister is surprised about is that the noble Lord clearly has not read the letters. We do not say in the second letter that the first one could be ignored. We were complying with the terms of the Act. We were sending the letter as required by the Benn Act but making clear what the policy of the Prime Minister and the Government is. The noble Lord, Lord Pannick, and other legal commentators have said that that is perfectly within the law.
Lord Caine (Con)
My Lords, I welcome what my noble friend said about decision-making powers in Northern Ireland, which a number of us raised with him a fortnight ago. Can he confirm that while there might be obligations on Her Majesty’s Government to consult the Irish Government under the terms of the 1998 British-Irish agreement, the decision to introduce direct rule is a matter for Her Majesty’s Government and this Parliament alone?
Lord Callanan
I thank my noble friend for his question. I know the close interest he takes in this matter, which he asked me about a couple of weeks ago. I hope he will understand why I was not able fully to answer his question then. It would indeed be a matter for legislation in this country although, given the terms of the Good Friday agreement, we would want to consult closely with the Irish Government.
Lord Wigley (PC)
The Minister said that the European authorities should not ignore the first letter that was sent, and I am sure we would all concur with that. Assuming they do not ignore it, and that they respond to it over the next seven days, will he give an assurance that the tremendous waste of resources in this preparation exercise will immediately be suspended and the extension will be taken full advantage of in order to get an orderly Brexit—if Brexit has to happen?
Lord Callanan
The President of the European Council tweeted to say that the request was valid, and he had accepted it. Of course, the legal default remains in place, but as soon as this Parliament agrees a deal and the EU agrees a deal or an extension is granted, we will want to discontinue the arrangements for leaving on 31 October. But many of the preparations we are undertaking will be required on our eventual exit anyway.
Lord Hannay of Chiswick (CB)
My Lords, does the Minister agree that the timing of this Statement today is a trifle odd? It seems at the very least to show an absence of confidence in the communication the Government transmitted to Brussels on Saturday evening asking for an extension. Are the Government so sure that that will fail that they need the added expense of this action today? It is very odd timing. Before we hear all the quotations about the views of the President of France, the Taoiseach and others, might it be wise to remember that only 10 days ago the Prime Minister was calling those who communicated with such people collaborationists?
Lord Callanan
I repeat the answer I gave to the noble Baroness, Lady Hayter. It is not odd at all—it remains the legal default. The irresponsible thing to do would be not to prepare, because we cannot be sure that the extension will be granted, as a number of European leaders have made clear. The noble Lord has occupied senior positions in the Civil Service. In his previous career I am sure he would have regarded it as highly irresponsible not to prepare for something that was the legal default, the outcome of which we had no certainty about.
Baroness McIntosh of Hudnall (Lab)
My Lords, may I take the Minister back to the answer he gave to the noble Baroness, Lady Janke, on the Liberal Democrat Benches? I do not disagree that nobody has a monopoly on the use of slogans, but is it his belief that if we leave on 31 October, with or without a deal, Brexit will be done? That is not a view widely held anywhere else, no matter what side of the argument anybody might be on. Does he agree that, whether we like it or not, the process of detaching the United Kingdom from the European Union will be complicated, long, drawn out and not, as he said earlier in respect of negotiating trade deals, relatively straightforward? Nothing about this process has been relatively, or even a bit, straightforward. Does he therefore not agree that it is really not in the interest of sensible debate here today or in future to continue to say that we need to get Brexit done? We do, but it will not be done on 31 October.
Lord Callanan
I thank the noble Baroness for her question. I suppose we are getting into the semantics of what “done” means here. It will be done in the terms that we will have left the European Union, but if she accepts that concession, I will be happy to agree with her that of course discussions will need to take place and agreements will have to be made across a range of areas. I have many times said across this Dispatch Box that discussions will take place before we leave and, I hope, discussions will take place after we leave. We have to have agreements with the European Union in a range of areas. I have never resiled from that. We will need to agree a number of different policy areas with the EU.
Lord Hamilton of Epsom (Con)
Will my noble friend spell out to us exactly what is in the gift of the other place or your Lordships’ House in terms of amending this legislation? Surely, we are talking about an international treaty that has been agreed with the EU. What happens if we make substantial amendments to it? Are we expected to go back to the EU and say that the agreement we have already made has to be amended? Surely, what we can do in the Bill that will be presented to us will be very restricted.
Lord Callanan
My noble friend asks some good questions. The answer is complicated. If the terms of the withdrawal agreement itself were to be altered by amendment, the effect would be that we could not ratify the treaty and therefore there would be no deal. Of course, there are other elements that could be amended, which would affect operations in the domestic sphere but would not affect our ratification of the treaty.
Lord Beith (LD)
The material that is most likely to cause disagreement between the two Houses concerns the powers that the Bill might give to Ministers and the extent to which they can act without parliamentary approval. We will not know how extensive they are until we see the Bill. Would it not be a good idea to have a contingency plan to make use of any extension which is offered to ensure that proper parliamentary scrutiny is given rather than sounding, as bits of the Statement do, like Captain Mainwaring declaring martial law?
Lord Callanan
After my experience with Commissioner Timmermans, I do not think I am going to get into “Dad’s Army” analogies any further. We want to get Brexit done by 31 October. We have spoken about these issues and debated them endlessly and it really is time to get on with it.
Baroness Hayter of Kentish Town
It was said in the Statement and repeated in answer to a question that, following the advice of officials, this preparation should go ahead. I think I have the wording right. Will the Minister confirm whether that is simply the advice of civil servants, whom I respect greatly, or the legal advice the Government have been given?
Lord Callanan
My noble and learned friend Lord Keen in not in his place, but he would be telling me that I am unable to comment on legal advice that the Government are given, but it certainly follows a range of advice from officials and government.
Viscount Waverley (CB)
My Lords, really detailed scrutiny is needed to take account of the long-term consequences, in whatever form they take, for decades to come.
Lord Callanan
The long-term consequences will flow partly from the withdrawal agreement but also from the political declaration and the future arrangements. We have committed to involving Parliament fully in the detailed negotiating mandates for the future arrangements. I am sure there will be lots of happy hours for all of us, endlessly discussing these matters for a long time to come.
Baroness Young of Old Scone (Lab)
Will the Minister elaborate a bit on the context in which this Statement was made? At the beginning, I think I heard assurances that the Government are committed to securing environmental protections. So will the Minister tell us why non-regression on European environmental standards was removed from the binding element—the withdrawal agreement—and relegated to the non-binding element—the political declaration—thus leaving environmental standards to the mercies of the negotiation of the trade agreement? Will the Minister admit that that is asking us all to buy a bit of a pig in a poke, in that we do not know what the deal on environmental standards will be as a result of the negotiations on the free trade agreements? Will he tell me that this is the reason why members of the ERG are going around with broad smiles on their faces, laughing in the face of the environmental movement? They are notably flat earthers and climate change deniers.
Lord Callanan
The noble Baroness demeans herself with some of those statements. The original level playing field provisions were in the Irish protocol, which has been abolished and replaced with entirely new arrangements. We have committed to provisions in the political declaration, and she will know from her experience that our environmental standards go much further than many in the European Union. Only last week we announced legislation on the new environmental protection bodies, and we have announced legislation on single-use plastics which is far in advance of legislation from the European Union. We are proud of our environmental record and will continue with it.
Brexit
Lord Callanan Excerpts(4 years, 6 months ago)
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The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)
My Lords, with the leave of the House I shall now repeat in the form of a Statement the Answer given in the other place earlier today by my right honourable friend the Secretary of State for Exiting the European Union. The Statement is as follows:
“Mr Speaker, notice of the withdrawal agreement Bill was given to the House on Saturday. The Bill was handed to the House yesterday, as agreed with the House authorities. It will be introduced for First Reading at the start of main business today.
The publication of the withdrawal agreement Bill is therefore now being delayed by the leader of the Opposition because he has tabled an Urgent Question requesting the publication of the withdrawal agreement Bill—genius. The withdrawal agreement Bill could not be finalised until the European Council on Thursday 17 October. Then followed a historic meeting of this House on Saturday 19 October. It has then been introduced on the following sitting day; as you said just a moment ago, Mr Speaker, in response to a point of order, ‘What could be shorter than the next sitting day?’ The sooner this Urgent Question and the next are concluded, the sooner the Bill will be available to Members.
In respect of the Prime Minister’s letter of 19 October to President Tusk, this was sent in compliance with Section 1 of the Benn Act. The President of the European Council has accepted the request as valid, and indicated that he is considering it and consulting with member states”.
Baroness Smith of Basildon (Lab)
Well, my Lords, what an extraordinary response.
On Saturday, MPs from all parties voted to seek an extension to ensure that the necessary legislation will be passed prior to Brexit day. The Prime Minister maintains that his deal, and its enabling legislation, must be delivered by 31 October, yet your Lordships’ House has always said that such a self-imposed deadline runs the risk of either not completing the legislation and crashing out or making serious errors in haste.
The Letwin amendment provides insurance against “no deal by default” as the legislation must be in place first—a perfectly reasonable approach. The new Bill is likely to run to around 100 pages or more, about the size of the document I am holding, and will include arrangements for the new border down the Irish Sea, a range of vital protections for EU citizens and a range of broad delegated powers. It will probably include Henry VIII powers; perhaps the Minister can confirm whether that is the case. It will also amend or repeal parts of the original withdrawal Act, to which your Lordships’ House devoted something like 150 hours of consideration. This is significant and complex legislation, which will need proportionate scrutiny. To seek to force a Bill of this complexity through both Houses of Parliament in a little over a week is irresponsible.
Mr Johnson’s response on Saturday was like the tantrum of a naughty child. Yes, he sent the letter, but he did so in the most contemptuous way possible. He has shown no respect for the second withdrawal Act, so perhaps we should not be surprised that he shows such disdain for the normal scrutiny processes of Parliament. I have two questions for the Minister on top of my question about Henry VIII powers. Can he confirm that this House and its committees will have an appropriate amount of time to scrutinise the legislation? Secondly, will all supporting documentation, including impact assessments, be published alongside the Bill?
Lord Callanan
I thank the noble Baroness for her questions. On her first point, the deadline is not self-imposed; 31 October is the legal default. I must say, I am delighted to hear her new-found enthusiasm for parliamentary scrutiny; it seemed a little absent when we were told that we had to push the Benn Act through all its stages in this House in less than a day. Of course, the usual channels will discuss the appropriate scrutiny provisions for the Bill with third parties and others.
We have been talking about these issues for three years. I have lost track of the countless hours that I have stood at this Dispatch Box and answered questions on a range of such issues. If the House is willing and able, we need to give the Bill proper scrutiny but we need to pass it so that we can get this done by 31 October.
Lord Stoneham of Droxford (LD)
My Lords, the lack of dignity displayed by the Prime Minister in writing to the European Council on Saturday perhaps underlines why he attracts such little trust in Parliament. The Prime Minister described his deal as a great deal but few of its benefits have been set out since it was announced, apart from the fact that it implements the will of the people and gets things done. When the Government publish their Bill, will they publish an impact study on the deal’s economic benefits? Or can we assume from their not publishing it that people will be poorer that they would have been under Mrs May’s deal—and certainly poorer than under the deal we currently have?
Lord Callanan
We will publish an impact assessment on the Bill. It is hard to do so because so much depends on the future relationship and the details of the future trade agreement that will be negotiated.
Lord Hamilton of Epsom (Con)
My Lords, if the Bill gets a Second Reading tomorrow, will that count as a meaningful vote?
Lord Callanan
I think my noble friend is getting somewhat ahead of himself. We will wait to see what happens in the other place, but until those provisions are changed or altered by statute, the provisions for the meaningful vote under both Section 13 of the EU withdrawal Act and the Benn Act remain in place.
Lord Liddle (Lab)
My Lords, does the noble Lord agree that while we have debated Brexit for many hours in this House, what was agreed at the European Council last week is a fundamental change from anything we have considered up to now in two crucial respects? The first is the constitutional implications for Northern Ireland. No one ever contemplated that we would go for some version of the Northern Ireland backstop that would be permanent and have serious constitutional implications for the whole of the country. Secondly, I believe that in the political declaration, the economic policy and the ambition for the trading relationship are fundamentally different from what Mrs May suggested and would be terribly damaging, particularly to workers and companies in the manufacturing sector, as virtually all the trade associations in the sector have said. Is it not time that we made sure that these proposals, which could have profound impacts for decades to come, are properly considered, rather than the Government attempting to rush them through before we know what they actually mean?
Lord Callanan
It is always important that we in this House scrutinise these matters carefully, and that the House of Commons does so as well. However, I have to say to the noble Lord that I remember sitting here when Members were solemnly telling us how vital it was to rush through all the various stages of the Benn Bill. I recall thinking, “I’ll remind them of this when it comes to future legislation”.
Lord Bridges of Headley (Con)
My Lords, will my noble friend clarify that the withdrawal agreement Bill will take out the provisions of the Constitutional Reform and Governance Act and override them?
Lord Callanan
I cannot say that that would be definite but it is important that we abide by the provisions of the Constitutional Reform and Governance Act. Of course, the House passing a statute provides the appropriate coverage for doing that.
Lord Wigley (PC)
My Lords, in view of the Minister’s reference to the fact that the border in the Irish Sea will have implications, can he give an assurance that the contents of this Bill have been discussed with the Government of Wales?
Lord Callanan
Yes, we have certainly discussed many aspects of it with the Government of Wales.
Lord Beith (LD)
How will it be possible for Select Committees of the House, such as those dealing with the constitution and statutory instruments, to examine the Bill to ensure that broad powers are not being given to Ministers which may extend even beyond Brexit?
Lord Callanan
We await the publication of the Bill later this evening. I am sure that the various organs of the House that wish to do so will have the opportunity to look at the provisions.
Lord Hunt of Kings Heath (Lab)
My Lords, I think the noble Lord said that the Government will publish an economic assessment alongside the Bill. Why has the Chancellor refused to give the economic assessment that the Government have produced to the Treasury Select Committee?
Lord Callanan
I said that we will publish an impact assessment. As I said in response to an earlier question, it is difficult to model the precise economic impact, bearing in mind how difficult it has been to model economic impacts over a number of years anyway. That is because so much of this depends on the future relationship in the political declaration. The withdrawal agreement Bill itself discusses those areas we have talked about previously, including citizens’ rights, money, the implementation period and the Northern Ireland protocol. The big economic impacts will of course be in the details of the free trade arrangements.
Lord Campbell-Savours (Lab)
My Lords, on the question of business management, is it true that we will be asked to sit on Saturday and Sunday?
Lord Callanan
These are of course matters that the usual channels will wish to discuss.
Baroness McIntosh of Hudnall (Lab)
My Lords, I am confused by the answer given by the noble Lord to my noble friend on the Bench in front of me. I think the Minister said that the Government would publish an impact assessment, but I think he also said that it was very difficult to publish such an impact assessment. Can he tell the House whether there is an impact assessment, will it be published and when? Could he also respond to the question of why it was not made available to the Treasury Select Committee?
Lord Callanan
I said that we will publish an impact assessment but that the economic impact of the Bill is very difficult to assess because it depends on the negotiations for a future free trade arrangement. I am sure that when it comes to the discussion, noble Lords will wish to look at that in detail. I would have thought that there will almost certainly be differences of opinion over what that future arrangement should consist of. One of the commitments we are giving is that we will involve Parliament fully in the discussions about that future economic relationship.
Brexit
Lord Callanan Excerpts(4 years, 6 months ago)
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Lord Callanan
That, for the purposes of section 1(2)(b) of the European Union (Withdrawal) (No. 2) Act 2019, this House takes note of the statement laid before the House on Saturday 19 October titled “Statement that the United Kingdom is to leave the European Union without an agreement having been reached under Article 50(2) of the Treaty on European Union”.
Brexit
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Baroness Evans of Bowes Park
That for the purposes of section 1(1)(b) of the European Union (Withdrawal) (No. 2) Act 2019 and section 13(1)(c) of the European Union (Withdrawal) Act 2018, this House takes note of the negotiated withdrawal agreement titled “Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community” and the framework for the future relationship titled “Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom” that the United Kingdom has concluded with the European Union under Article 50(2) of the Treaty on European Union, as well as a “Declaration by Her Majesty’s Government of the United Kingdom of Great Britain and Northern Ireland concerning the operation of the ‘Democratic consent in Northern Ireland’ provision of the Protocol on Ireland/Northern Ireland”, copies of which three documents were laid before the House on Saturday 19 October.
The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)
My Lords, it is a great pleasure to close this historic debate on behalf of the Government. Before I get on with the main content, it is important to say that, as my noble friend Lord Lamont announced in his speech, the House of Commons has passed the Letwin amendment. Following the vote, the Prime Minister addressed the other place. For the benefit of noble Lords who may not have heard him, he said that the best thing for Britain and Europe is for us to leave with this new deal on 31 October. He went on to say that he will not negotiate a delay with the EU and neither does the law compel him to do so. The Prime Minister will tell the EU and member states exactly what he has told everyone for his 88 days as Prime Minister: further delay would be bad for this country, for the EU and for democracy. Next week, the Government will introduce the legislation needed for us to the leave the EU with our new deal on 31 October. The Prime Minister—
Lord Callanan
I will complete my remarks, then I will take an intervention. The Prime Minister said that he hopes our European colleagues will reject delay and, if they do, that honourable Members will change their minds and support this new deal in overwhelming numbers.
Lord Reid of Cardowan
I am grateful to the Minister. I followed his words carefully. The Prime Minister has said that he will not “negotiate” a delay with the European Union. Can the Minister tell us whether the Prime Minister will send a letter requesting an extension, as he is obliged to do by law?
Lord Callanan
As I have said a number of times, to the boredom of noble Lords, we will of course abide by the law. The requirement—
Lord Callanan
Can noble Lords have a little patience? I have not completed my remarks yet. We will comply with the requirements of Section 1(4) of the Benn Act to the letter. Does that answer the noble Lord’s question?
Lord Callanan
Okay. The number of Peers who have contributed to this debate, on a Saturday—
Lord Pannick
As to the letter, does the Minister mean that, by midnight, the Prime Minister will send the letter as listed in the Benn Act in the terms set out in the Schedule?
Lord Callanan
The requirements of Section 1(4) of the Benn Act will be complied with to the letter. I am not going to take any more interventions from the noble Lord on this subject. I have addressed it many times. No matter how many times noble Lords ask me the same question, they will get the same reply, so I am not sure that there is much to be gained by carrying on.
Baroness Hayter of Kentish Town
Is the Minister going on to say what will happen in the Commons on Monday and whether the meaningful vote is due to be put there again on Monday?
Lord Callanan
It is a fast-moving situation. Seriously, I have been trying to conclude my remarks while listening to what noble Lords have been saying and trying to get updates on what is happening in another place as well. I believe that the leader of the House of Commons has addressed this matter but I do not want to say for certain. The noble Baroness, Lady Smith, is looking at her mobile and she might have more up-to-date information than I have.
Baroness Hayter of Kentish Town
We understand that it might be on Monday, but I think that the letter will therefore already have arrived in Brussels by the time the meaningful vote is taken on Monday.
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.
Lord Purvis of Tweed
With regard to part of the United Kingdom now having to comply with rules made by a foreign entity, what representation will those people have over those rules?
Lord Callanan
Of course they will not have direct representation, which is why we want to see that there is ongoing democratic consent to these arrangements from representatives of the people of Northern Ireland.
The noble Baroness, Lady Ludford, raised the issue of customs. Before I address her point, I am sure that noble Lords will want to join me in saying how good it is to see her back in her place. We will leave the EU customs union as one United Kingdom. The UK will be a single customs territory, with control over our independent trade policy. The new protocol also explicitly sets out that Northern Ireland is in the United Kingdom’s customs territory. The EU’s administrative customs procedures will apply in Northern Ireland, in order to make sure that goods destined for the EU comply with the correct process. No tariffs will be payable on goods moving from Great Britain to Northern Ireland unless those goods are at risk of moving on to the EU. The noble Baroness, Lady Ludford, asked me about compatibility under Section 55 of the Taxation (Cross-border Trade) Act 2018. Section 55 is not a barrier to the withdrawal agreement. The agreement is clear that Northern Ireland is, and will remain, part of the UK’s customs territory.
The noble Lord, Lord Liddle, raised the issue of regulatory alignment. The new protocol establishes a single regulatory zone on the island of Ireland. This involves Northern Ireland aligning with a limited number of specific EU regulations. The UK Government will always be committed to protecting Northern Ireland’s position in the UK’s internal market. The new protocol explicitly enables the United Kingdom to maintain the guarantee that businesses and farmers in Northern Ireland will continue to have unfettered access to the rest of the UK market—which is something I am sure noble Lords will welcome.
Looking ahead, we have also negotiated and agreed changes to the political declaration, as noted by many noble Lords, including the noble Lord, Lord Birt. This will provide a framework for an ambitious future relationship with the European Union. We have removed all references to the backstop from this political declaration while setting out our clear intention to pursue a future relationship with a comprehensive and balanced free trade agreement at its core, alongside agreements on security and wider areas of co-operation. It ensures that the United Kingdom will take control of its own regulatory affairs. Our commitments to the level playing field will be commensurate with the scope and depth of the future relationship. This will prevent unfair competitive advantages and uphold the current high standards in areas such as employment and environmental standards.
Lord Callanan
I think I am about to predict what the noble Lord is going to ask me, if he will just be patient.
A number of noble Lords, including the noble Lords, Lord Kerslake and Lord Foulkes, the noble Viscount, Lord Chandos, and the noble Baroness, Lady Smith, raised the issue of workers’ rights. The UK has a long and proud tradition of leading the way in workers’ rights, where we have always set a high standard. We recognise that Parliament wants to see these hard-won rights protected and not weakened by our departure from the EU, and we are happy to ensure that this is the case. Both the public and parliamentarians should be in no doubt that, as we leave the EU, we will maintain and increase these protections via both the withdrawal agreement and future legislation. As the Prime Minister set out in the other place earlier, we will bring forward measures to protect workers’ rights in the withdrawal agreement Bill. If I have not addressed the noble Lord’s point, I will take his intervention.
Lord Liddle
I am very grateful to the Minister for giving way. In addition to the point about workers’ rights, my intervention was to ask the Minister whether he will put in the Library a letter that explains to Members of this House, in very clear terms, the difference, in terms of the economy and free trade objectives, between Mrs May’s political declaration and the current one. As I pointed out, I think some of them will have a significant economic impact, and it is the duty of the Government to explain to Members of this House what those differences are.
Lord Callanan
I will certainly write to the noble Lord outlining the changes to the political declaration and place a copy in the Library for other Members.
We will also be working hard to secure trade deals with other international partners. Let me reassure the noble Lord, Lord Rooker, that while we explore these new trading opportunities, we will not dilute the standards for which British products are world renowned—and, as the Prime Minister has made clear on many occasions, nor will our NHS be on the table in those negotiations.
The political declaration also provides for a security relationship that will enable the UK and the EU jointly to combat the shared threats faced by our citizens, domestically and abroad. This revised deal further makes it clear that participation in defence co-operation will always be the sovereign choice of the United Kingdom.
Of course, this deal does not consist just of these changes. We are offering a deal that not only removes the anti-democratic backstop but, more broadly, maintains our strong commitment to citizens’ rights and to a transition period, which gives welcome stability to businesses both in the UK and the EU, and also lays the foundations for us to commence negotiations for an ambitious future relationship. Noble Lords will have noticed, I am sure, that Article 184 of the withdrawal agreement requires both sides to use best endeavours to get this legal text agreed and implemented by the end of 2020. Both sides are committed to making preparations for an immediate start to the formal negotiations and to approach these in good faith. Noble Lords should know—I think I outlined it last week—that we are preparing for these negotiations and we will work with Parliament as well as a wide range of partners, including, of course, in the devolved Administrations, to ensure a successful outcome that delivers in the interests of all parts of our United Kingdom.
The noble Earl, Lord Kinnoull, asked about the Government’s approach to the Joint Committee. I can confirm that it will be underpinned by full ministerial accountability to Parliament, and that the Government will continue to discuss with Parliament and its committees the appropriate ways to achieve this.
It is late on a Saturday afternoon and I will not seek to detain the House any further. We have heard many diverse views on the deal. I thank all noble Lords for their contributions. I also pay tribute to the House authorities, officials and my private office for making preparations so that we were all able to sit today. The deal that we have debated is one that will deliver the result of the 2016 referendum and ensure that we can leave the European Union on 31 October in an orderly and friendly way. The deal honours the territorial sovereignty of the United Kingdom; it ensures that the future of Northern Ireland will be decided by the people of Northern Ireland; it provides the foundations for an ambitious relationship with the EU founded on a comprehensive and balanced free trade arrangement; and it allows us to get Brexit done and leave the EU in two weeks’ time. In doing so, we can focus on the people’s priorities, so that the country can come together. I commend this deal to the House.
Brexit: Customs Controls at Holyhead
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Lord Wigley
To ask Her Majesty’s Government what are their latest proposals to avoid delays at customs control on goods being transported between Dublin and Holyhead, following the United Kingdom’s departure from the European Union.
The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)
My Lords, I am pleased to tell the House that the Government have this morning concluded a new withdrawal agreement with the EU. Our intention is to agree an ambitious future partnership, including a best-in-class free trade agreement, which will establish an effective customs agreement for the movement of goods between the UK and the EU once we leave. In a no-deal scenario, the Government have agreed to prioritise flow and move to new border requirements over time to allow businesses to adjust.
Lord Wigley (PC)
My Lords, we all realise that the trade relationship between Ireland, the north of Ireland and the United Kingdom has been a central sticking point in the Brexit process. But the devil is in the detail, and therefore the detail has to be transparent and watertight. Will the Minister tell the House what assessment the Government have made in the specific context of Northern Ireland-produced perishable goods bound for England, up to 60% of which go on lorries via Dublin and Holyhead, as to whether they will be subject to border controls at Holyhead? To avoid queues of 500 lorries stretching three miles long, the movement of goods through Holyhead has to remain seamless and unhindered, as it is today.
Lord Callanan
The noble Lord makes an important point. He can be assured that we are working hard to make sure that there are zero queues at Holyhead. We want the new arrangements to be as seamless as possible so that the transport of perishable goods goes forward without any hindrance.
Baroness Hayter of Kentish Town (Lab)
My Lords, yesterday we asked what would happen under the new deal about the length of the transition period, given that we originally asked for two years. I think that the Government the first time settled for 20 months; it now seems that, if the date of December next year is true, we would have only 14 months to put all this in place. Given that Holyhead is our second-busiest port, how does the Minister expect all the new checks on animal welfare, perishable goods, customs and VAT to be implemented by December next year?
Lord Callanan
The noble Baroness is correct that the end of December 2020 will be the end of the implementation period, should the deal be agreed—which I hope it will be. But there is of course the option to extend if that is necessary. But we are confident that the new arrangements can be put in place during that period, provided that there is good will on both sides.
Baroness Randerson (LD)
My Lords, a border in the Irish Sea is a hurdle, whichever way you look at it. What estimates have the Government made of the impact of this arrangement on the volume of trade between Great Britain and Ireland, both north and south? Can the Minister tell us whether additional funding will be provided to the Welsh Government to help them deal with the logistical problems of the back-up of lorries referred to by the noble Lord, Lord Wigley?
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.
Lord Blunkett (Lab)
My Lords, can the Minister tell the House what arrangements might be put in place if there were a small group of Welsh MPs of different parties whose price for voting for the deal was the same as the DUP managed to achieve two years ago? Have the Government have given any thought to this?
Lord Callanan
We want all MPs, whether from Wales or from Northern Ireland, to back the deal because we think that it is a good deal for the United Kingdom. We should pay credit to the Prime Minister, who has done what all the opposition parties said was impossible. They said that it was impossible to reopen the agreement, but we have done that and concluded a new deal. Yet again, he has proved the gloomsters wrong.
Viscount Waverley (CB)
My Lords, does the Minister wish to pay tribute also to Mrs May for the work that she did to bring us to this point—albeit that Prime Minister Johnson has taken us to the final hurdle?
Lord Callanan
Yes, of course. I loyally served in her Government. As Prime Minister she put a great deal of work into getting the original withdrawal agreement. Of course, there is a new backstop now—but, substantively, most of the rest of the withdrawal agreement is as previously negotiated.
Queen’s Speech
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The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)
My Lords, it is a great privilege to be closing this debate following Her Majesty’s gracious Speech, which set out the programme of legislation put forward by this Government. I welcome the noble Lord, Lord Collins, who is restored to full health and with a new beard. He is back enjoying his place on the Front Bench again and we are pleased to see him. He has lost none of his customary wit and influence on the legislation.
The Speech sets out a legislative agenda that seeks to protect our people, promote our prosperity and project our influence on the world stage. I am particularly grateful to noble Lords for their considered and thoughtful contributions made over the course of two days of debate. I will do my utmost to respond to as many points as possible, but I apologise in advance if I do not have time to get through everybody’s contributions.
I will commence, as so many others did, with Brexit and my own department—as expected, it was covered by many noble Lords, including the noble Lords, Lord Desai, Lord Wrigglesworth and Lord Wigley, my noble friends Lord Ridley and Lord Flight, and my noble and learned friend Lord Mackay. The Government’s priority has always been, and remains, to secure the United Kingdom’s departure from the European Union on 31 October, with or without a deal, and without any further pointless delay. Brexit provides us with a range of new opportunities, including the ability to take back control of our money, borders and laws, including on agriculture and fishing, as well as to set out our own independent trade policy for the first time in nearly half a century. I will say more on that later. To seize those opportunities—and here I agree, as I so often do, with the noble Lord, Lord Grocott, and his excellent speech—we must get Brexit done. My noble friend Lord Jopling did not sound so convinced, but it remains the Government’s focus to get a deal this week at the European Council and to leave on 31 October in an orderly and friendly way.
The Government have had fruitful and constructive discussions with the European Commission over the last few days. I have been here in the House but I am told that, as I speak, the technical talks are continuing with the Prime Minister’s Brexit Sherpa, David Frost, and the UK negotiating team. Their talks last night were constructive and the teams worked late into the night. They met again this morning and are continuing discussions today. I agree that, as the right reverend Prelate the Bishop of Coventry reminded us, it is important that throughout this process we must work constructively together and seek to nurture our relationships, both in Europe and further afield.
I will address the points made on EU meetings by the noble Lord, Lord Hannay, and the noble Earls, Lord Kinnoull and Lord Sandwich. As I informed the House last week, it is now the policy of the Government that UK officials and Ministers will attend EU meetings only where the UK has a significant national interest in the outcome of discussions. This will enable officials to better focus their talents on our immediate national priorities—our top priority being work on preparations for Brexit. This decision is not intended in any way to frustrate the functioning of the EU. The UK’s vote is delegated in a way that does not obstruct the ongoing business of the remaining 27 EU members. I look forward to meeting the noble Earl, Lord Kinnoull—I think we have a date in the diary for next week—and no doubt he will want to discuss the matter further.
The noble Baroness, Lady Quin, asked about the implementation period. We are still awaiting the final agreement but I remind her that the existing withdrawal agreement sets December 2020 as the end of the implementation period, and for good reason: it is the end of the EU’s existing multiannual financial framework. There is an option in there to extend. I am not aware that that will change, but let us wait and see what the final agreement says.
Lord Kerr of Kinlochard
Putting together the last two points that the noble Lord has made, if we do leave and there is an implementation period that lasts until the end of next year, does it really make sense that we will be applying in this country laws which are written in rooms in Brussels in which there is no Briton present? How do these two points fit together? If there was nothing happening in that room that could be relevant to us, I can see an argument for us not being there. But if until the end of next year we will be applying rules and regulations written in the European Union, surely we ought to go on having a say in how they are written.
Lord Callanan
My response to the noble Lord is that we are. He will know of the slow decision-making process of the European Union. Most of the new directives and regulations that would be implemented during the implementation period are already being discussed, or indeed have been decided, so we are taking part in discussions on those matters.
Lord Wallace of Saltaire (LD)
My Lords, we have not discussed the future political declaration in much detail. There is a very large agenda to be negotiated once, as the Minister said, we have got Brexit done. Do the Government have an estimate of how long that will take? Are they confident that they really can negotiate and agree all those matters and get the treaty through during the implementation period, or are we talking about another two or three years before this is completed?
Lord Callanan
It remains our belief that we can get it concluded during the implementation period. We believe that the discussions on all the different areas can proceed in parallel, but of course we are awaiting the implementation of the new European Commission, which has now been delayed. We will wait to see how it wants to structure the negotiations from its point of view but of course, we are getting ahead of ourselves. We do not yet have a deal or an implementation period, but certainly from our point of view preparations in my department are well advanced for the co-ordination and construction of those negotiations.
A number of noble Lords—the noble Baroness, Lady Quin, the noble Lords, Lord Ricketts and Lord Anderson, and the noble Baroness, Lady Crawley, who will always remain in the sun as far as I am concerned—raised what is probably this House’s favourite subject: the second people’s vote. I see that it has now morphed into a confirmatory referendum or confirmatory vote. No doubt the focus group testing of “second people’s vote” did not work too well. As the noble Lord, Lord Grocott, brilliantly pointed out, it is somewhat Orwellian to hold a people’s vote specifically to reverse the original vote of the people. If that does not work, we will no doubt get another name for it from the campaigners next week. However, I shall go no further on that subject other than to say that this Government will not support another referendum, whatever they call it.
On the subject of no deal, as I said—
Lord Hannay of Chiswick
The noble Lord speaks extraordinarily dismissively of having two referendums. Is that not a little insulting to the Government of Ireland and the Government of Denmark, who have done precisely that in various years? Might he not be a little more polite about that?
Lord Callanan
What Denmark and other countries do is of course a matter for them. It seems to be a habit in the EU that, if referendums do not produce the results that the proponents wish, people need to vote again until they give the right answer.
Lord Anderson of Swansea (Lab)
Does the noble Lord at least accept the possibility that the people have changed their mind after a snapshot vote?
Lord Callanan
I listened carefully to the noble Lord make that argument during his contribution, in which—he will correct me if I am wrong—he effectively said, “Well, every five years we might have a general election. It’s been only three years since the referendum. Therefore, people might have an opportunity to change their mind”. The problem with that argument is that, when we have a general election, a new Government are installed and by the following general election people have the opportunity to see how they have performed. We have not yet implemented the results of the original referendum, so he might want to come back to the subject when we have left the European Union and people have seen how successful this country can be outside the EU.
Although our focus remains on securing a deal, the Government are ready to leave without a deal, if necessary, on 31 October. Last week we published a Brexit—
Lord Cormack (Con)
Can my noble friend explain how the Government reconcile that with the law of the land as it is at the moment? He has repeatedly told me that the Government will obey the law. There is a law that says that that should not, and cannot, happen. How does he answer that point?
Lord Callanan
Actually, the law does not say that that cannot happen. At the risk of returning to a subject that we have covered extensively, a decision on whether we leave on 31 October is now not a matter for UK law; it is a subject of European law. That is one of the great ironies of this process. However, I repeat what I have said to the noble Lord on many occasions: we will of course abide by the law. If he wants to look at the record, he will see that my right honourable friend the Brexit Secretary, appearing in front of the Brexit Select Committee this morning, said something very similar.
While our focus remains on securing a deal, we are still ready to leave without one on 31 October. Last week, we published the Brexit readiness report, which sets out the preparations that the Government have undertaken to ensure that the UK is prepared for 31 October. As I set out on that occasion, when repeating the Statement made by the Chancellor of the Duchy of Lancaster in the other place, the report includes the steps that businesses and citizens should take, including to bring about the smooth flow of goods.
We have announced spending of more than £8.3 billion for Brexit planning. We have signed or secured continuity trade agreements with non-EU countries, as well as continuity agreements across many key sectors including aviation and civil nuclear power. We have launched a public information campaign—Get Ready for Brexit—to advise everyone of the clear actions that they should take to prepare for leaving with no deal. Of course, as always, we have given particular focus to citizens’ rights, which was raised by a number of noble Lords including the noble Baroness, Lady Miller, and the noble Lord, Lord Randall. Our message to EU citizens in the UK is clear, and I will repeat it: you are our family, our friends, our colleagues; we value your contributions to this country and we want you to stay. We are now working to gain reciprocal assurances from other European countries towards UK nationals living in their countries.
I highlight to the noble Baroness, Lady Miller, that the UK pushed hard in the negotiations for UK nationals living in the EU and for EU citizens in the UK to retain or have the right to stand and vote in local elections. However, the EU did not want to include these rights in the withdrawal agreement, so we are to forced to pursue—and are actively pursuing—bilateral arrangements with individual member states. We have written to every other member state seeking such an agreement. I am pleased that we have so far reached such agreements with Spain, Portugal and Luxembourg. We are in discussions with a number of others.
The noble Baroness, Lady Finlay, asked about support and funding in devolved Administrations. The Government have provided them with over £300 million since 2017 to prepare for Brexit. We continue to involve them in ongoing discussions on funding, including under the provisions of Project Kingfisher. Last week, I was in Edinburgh with my right honourable friend the Chancellor of the Duchy of Lancaster for discussions with the Scottish and Welsh Governments and the Northern Ireland Civil Service. These covered ongoing negotiations and no-deal planning, in which the devolved Administrations are extensively involved.
I move on to trade. For the first time in nearly 50 years, the UK will have an independent trade policy. We will be able to set our own tariffs, take our own decisions on regulatory issues and create new and ambitious trade relationships around the world. My noble friend Lord Lilley—who spoke with great experience—touched on this, and I agree with many of the points that he made.
Lord Lilley
I am grateful to my noble friend for saying that. I take this opportunity to put the record straight and apologise to the House. I said that no Commission had ever resigned en masse. Actually, one did. I said that only Madame Cresson resigned. Actually, most of them were not reappointed, but she was the only one found guilty by the European Court of Justice. I wanted to correct that because I do not like misleading the House.
Lord Callanan
I wondered about that during the debate, but it was slightly before my time as an MEP.
The noble Baroness, Lady Hayter, asked whether amendments to the Trade Bill will be retained in the new Bill. The Government welcomed the contribution of your Lordships during its debates on the Trade Bill in the last Session—it says here. No decisions have yet been taken as to the provisions to be included in the legislative package. However, I did hear the noble Baroness’s suggestion about noble Lords’ previous amendments on standards. I refer her to the Secretary of State for International Trade’s statement before the International Trade Committee today. It is the Government’s policy to maintain standards and enhance them where appropriate. We will bring forward legislation that will ensure that we can deliver certainty to business. This will include continuity—for after we leave the EU—of existing trade agreements that the UK currently participates in as a member of the EU, as well as establishing an independent Trade Remedies Authority.
Of course, this trade legislation does not deal with future free trade agreements, and the Government’s position regarding scrutiny of these agreements is outlined in the February 2019 Command Paper. We have not stood still in forging new trade relationships as we stand on the brink of a new era in our trading history, where we are finally in control of how we trade with countries around the world. We have established working groups and high-level dialogues, launched four public consultations on our future trade agreements and are using a range of other instruments, such as joint trade reviews, with a range of key trading partners including the United States, Australia, China, the Gulf Cooperation Council, India, Japan and New Zealand.
I highlight to the noble Baronesses, Lady Tonge and Lady Finlay, that we will not pursue trade to the exclusion of human rights; these can and should be complementary. The UK has a strong history of protecting human rights and promoting our values globally.
Many noble Lords used their great experience and knowledge of international affairs in their contributions on global Britain, including the noble Lords, Lord Anderson, Lord Cormack, Lord Hylton, Lord Jopling, Lord Kerr, Lord Liddle, Lord Ricketts, Lord Sterling, Lord Wallace, and the noble Baronesses, Lady Cox and Lady Tonge. As my noble friend Lord Ahmad set out in his opening speech, the Foreign and Commonwealth Office is preparing for our departure from the EU by strengthening our international relationships, reaffirming our commitment to the rules-based international system and championing our values abroad.
The Government want an ambitious free trade agreement with the EU. The details of this partnership, as the noble Lord, Lord Butler, pointed out, are a matter for negotiations after Brexit. The Government are preparing for that negotiation, as I said in response to an intervention earlier, and we will work with a wide range of partners to ensure a successful outcome for UK businesses and citizens.
We are also proceeding with strengthening our partnerships internationally. The noble Baroness, Lady Hayter, and the noble Lord, Lord Wallace, raised doubts about our special relationship with the United States. It is, of course, true that we may not always agree—current examples of that being the Iran deal and the Paris agreement. However, we continue to do more together than any other two countries. Our unparalleled intelligence sharing has undoubtedly saved many lives. Beyond Brexit, we are determined to maintain a close partnership with both the EU and the US. In our view, this is a win-win and not a zero-sum game.
Lord Campbell of Pittenweem
The Minister is very generous in giving way. If the relationship with the United States is that important, why do we not yet have an ambassador?
Lord Callanan
That is a matter way above my pay grade. When I next see the Prime Minister, I will pass on the noble Lord’s comments about the importance he attaches to this subject.
As my noble friend Lord Ahmad said, we are also determined to increase our co-operation with our Commonwealth partners. Some noble Lords seemed doubtful about this, so let me reassure them that Commonwealth member states including India, which the noble Lord, Lord Wallace, in particular, mentioned, are increasingly engaged and cognisant of what we can all achieve together .
As we leave the EU, we remain absolutely committed to playing a leading role in international security and to sustaining and strengthening vital alliances. The noble Lord, Lord Campbell, who just intervened, rightly said that NATO is the most successful alliance in history. It has kept us safe for 70 years and it remains at the heart of UK defence policy. The UK is NATO’s leading European ally, our defence budget is the largest in Europe and the second largest overall. We are one of only a handful of allies that spends more than 2% on defence, and 20% of that on major equipment; it is a shame that the noble Lord, Lord West, is not here to remind us of the ship programme.
The noble Lord, Lord Ricketts, commented on the challenges facing NATO. The Government welcome the suggestion of a debate on the alliance and its future. Ahead of the leaders’ meeting in December, we will give this due consideration together with the suggestion of the noble Lord, Lord Sterling, of a debate on defence matters. We will, of course, do that in consultation with the usual channels.
We remain committed to the rule of law internationally, to the Joint Comprehensive Plan of Action as the best way to prevent a nuclear Iran, to a clear, defensive and proportionate response to Russia and—as the noble Lords, Lord Kerr and Lord Pendry, raised—to de-escalation in Hong Kong. A number of noble Lords raised this subject. The Foreign Secretary has made our concerns clear to both the Hong Kong Chief Executive, Carrie Lam, and the Chinese State Councilor and Foreign Minister, Wang Yi, and will continue to do so. He has also spoken to a wide range of counterparts on this issue. We raised the situation in Hong Kong at the G7 and the UN. The way forward must be through meaningful dialogue with all communities that addresses the concerns of the people of Hong Kong.
Lord Alton of Liverpool
The noble Lord might recall that, in my remarks, I referred to a letter that was signed by more than 170 parliamentarians of both Houses and sent to the Foreign Secretary, suggesting an international, Commonwealth-led initiative to give an insurance policy to the citizens of Hong Kong, based on second places of residence and second citizenship. If he cannot give a response on that now, will he undertake that a proper response, signed by the Foreign Secretary, will be available to the signatories of that letter before our debate next Thursday?
Lord Callanan
I know that my noble friend Lord Ahmad has taken close note of that. I am sure that he will ensure that the matter is addressed and that an appropriate reply is received.
The noble Lords, Lord Hylton, Lord Hannay and Lord Alton, spoke of the need for a peaceful solution to the current situation in northern Syria. Along with the US and others, we have made clear our opposition to the unilateral Turkish military incursion in north-east Syria. The offensive has seriously undermined the stability and security of the region.
A number of noble Lords, including the noble Lords, Lord Collins, Lord Taverne and Lord Kerr, the noble Baroness, Lady Sheehan, and my noble friend Lord Randall mentioned climate change. We are proud of the world-leading action that the UK is taking as the first major economy to legislate to end our contribution to global warming entirely by 2050. We as a nation should be proud of that major contribution, which will be taken forward under cross-party initiatives.
Yesterday, the noble Lord, Lord Loomba, mentioned the global girls’ education campaign, Leave No Girl Behind, which promotes 12 years of quality education for all girls. The campaign aims to lead by example to get girls learning, build international political commitment and boost global investment in girls’ education. At this year’s United Nations General Assembly, the Prime Minister announced a further £515 million to get help to more than 12 million children, over half of them girls, and get them into school, where they belong.
The noble Lord, Lord Hussain, raised the issue of Kashmir. We have expressed our concern over the current situation in Indian-administered Kashmir and the importance of lifting the restrictions currently being imposed. Our view remains that all matters should be addressed bilaterally between India and Pakistan, as per the Simla Agreement.
On the subject of Indian students, raised by the noble Earl, Lord Sandwich, 2019 saw a significant rise in the number of Indian students studying in the UK. I am pleased to tell him that, according to ONS figures, the number increased by 40% from 2018 to 2019. The number of students studying in the UK has doubled over three years.
We continue to support India’s bid for a permanent seat on the UN Security Council—
Lord Hannay of Chiswick
My Lords, the Minister is repeating some figures that have been used again and again in this House and are completely worthless because the rise in the number of Indian students follows a drop of more than 50% in the previous years. If he does the arithmetic, he will discover that it does not mean very much.
Lord Callanan
I take the noble Lord’s point. However, we changed the visa regime and students are now being allowed to stay at the end of their study. We think that that has contributed to the rise in the number of students. We are proud of our world-class education system and hope that the number of Indian students coming will continue to increase.
The noble Lord, Lord Collins, mentioned the sustainable development goals. In June this year, the UK published its first voluntary national review of progress towards them—a comprehensive and credible report covering all 17 SDGs. It highlights some of the wide range of actions we are taking to support the delivery of the goals both domestically and internationally, with a focus on the domestic.
The noble Lord also raised the important subject of the Nutrition for Growth summit in Tokyo. We have been a global leader on nutrition since hosting the first Nutrition for Growth summit in 2013. Since 2015, the UK Department for International Development has reached 60.3 million people with nutrition services, and we currently have nutrition-related programmes operating in more than 33 countries. The UK Government are working closely with the Government of Japan to ensure that the next Nutrition for Growth summit in 2020 secures meaningful and transformational commitments from Governments, donor agencies, businesses and civil society.
I have been on my feet probably for too long. This has been a wide-ranging and thought-provoking debate, with nearly 50 speakers. We have touched on many aspects of this Government’s priorities. We have made clear our vision for a global Britain. We will be a good friend and ally to our European partners, an ambitious and outward-looking trading power and a leading voice on the world stage.
Baroness Sheehan
Before the Minister finishes, can he commit to the 0.7% of GNI to be spent on UK aid?
Lord Callanan
Yes, of course. That is our policy. It is a matter of legislation now. Both our parties supported the introduction of that legislation.
Baroness Finlay of Llandaff
I hesitate to come in so late, but I have been listening very carefully to the Minister’s reply. Can he confirm—because I do not think I heard it—that in negotiations the Government will undertake to ensure that intellectual property rights are considered; and that where any implementation of any arrangements requires implementation through the devolved nations, they will have been involved proactively in negotiations rather than being informed later on?
Lord Callanan
The noble Lord, Lord Wigley, approves of that comment. This is something that we are in consultation with the devolved Administrations about. At our meeting last week, we discussed exactly how we would structure the negotiations, the involvement of the devolved Administrations, and how we can ensure that they get the opportunity to feed into negotiating mandates and the policy that negotiators will pursue. They are cognisant of that, as indeed are we.
Ahead of this week’s European Council, I emphasise that this Government’s priority has always been to honour the result of the 2016 referendum and secure the United Kingdom’s departure from the European Union on 31 October without any further, pointless delay. I thank noble Lords for their attention, and beg to move that this debate be now adjourned.
Brexit: Preparations
Lord Callanan Excerpts(4 years, 6 months ago)
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The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)
My Lords, with the leave of the House I will repeat a Statement made today by my right honourable friend the Chancellor of the Duchy of Lancaster in another place. The Statement is as follows:
“Mr Speaker, with your permission I would like to make a Statement on our preparations to leave the European Union on 31 October and the steps that we are taking to get ready.
It is the strong desire of this Government to leave the EU with a deal. Our proposals to replace the backstop were published last week. I commend the Prime Minister and the Exit Secretary for their continued efforts to ensure that we can leave the EU with a withdrawal agreement in place. We have put forward a fair and reasonable compromise for all sides that respects the historic referendum result, and we hope that the EU will engage with us seriously.
In setting out these proposals, we have moved—it is now time for the EU to move, too. If it does, there is still every chance that we will leave with a new deal. However, if the EU does not move, this Government are prepared to leave without a deal on 31 October. We must get Brexit done so that the country can move on and focus on improving the NHS, cutting crime, helping families with the cost of living and further improving school standards.
In preparing for every eventuality, we are today publishing our No-Deal Readiness Report. This document is a comprehensive summary of the UK’s preparedness for leaving the EU without a deal. It sets out the preparations that the Government have made and how they have been intensified under the determined leadership of my right honourable friend the Prime Minister, and also the steps that third-party organisations and individuals need to take in order to get ready.
The actions in this report reflect our top priority: ensuring that we maintain the smooth and efficient flow of goods and people from the UK into the EU and vice versa. The actions are also aimed at ensuring that we continue to support citizens—upholding their rights and helping them prepare for the changes ahead.
In order to prepare for Brexit, my right honourable friend the Chancellor has doubled funding from £4 billion to £8 billion. We have also published a significant volume of material relating to no-deal planning, including 750 pieces of guidance setting out the steps that businesses, traders and citizens should take in order to prepare. We have also published 31 country guides for all EU/EFTA states, setting out what UK nationals living there need to do in order to get ready for Brexit. And this morning my right honourable friend the Trade Secretary published the temporary tariff regime that will apply from 1 November. In all, it liberalises tariffs on 88% of goods by value entering the UK. It maintains a mixture of tariffs and quotas on 12% of goods, such as beef, lamb, pork, poultry and some dairy products, to support farms and producers who have historically been protected through high EU tariffs. As a result of cutting these tariffs, we should see a 15% reduction in the cost of honey from New Zealand, a 9% cut in the cost of grapes from South America and, of course, a 7% reduction in the cost of wine from Argentina.
Businesses raised a number of points in response to the publication of the original tariff schedule in March. The Government listened carefully to these representations and made three specific changes as a result. We are reducing tariffs on HGVs entering the UK, adjusting tariffs on bioethanol to retain support for UK producers and applying tariffs to additional clothing products to ensure that developing countries continue to have preferential access.
But it is not enough for just the Government to get ready; we need businesses and citizens to get ready too. Even with every government project complete, and necessary IT systems in place, flow at the border would still be affected if hauliers did not have the right paperwork. If companies do not prepare, they will face challenges in trading their goods and services with the EU. While the Government can of course lobby EU member states to improve their offer to UK nationals living in their countries, we need individuals to act as well, to register for residency and to make arrangements for continued access to healthcare. For that reason, the Government are investing £100 million in one of the largest public information campaigns in peacetime. Through both mass market and targeted advertising, we are alerting businesses and citizens to the actions they need to take to get ready. We are also providing a further £108 million to support businesses in accessing the information and advice they need.
My right honourable friend the Business Secretary is overseeing a series of events with businesses around the country, designed to provide information on all the steps that they need to take to get ready, including actions that will support the flow of trade through the short straits. My right honourable friend the Health Secretary has today established a trader readiness support unit for suppliers of medical products. This week, HMRC is writing to 180,000 businesses setting out the full range of steps that they need to take in order to import and export with the EU after we leave. Of course, in advance of 31 October, we will continue to use every means at our disposal to communicate to businesses the need to get ready.
I want to pay particular tribute to the automotive, retail and transport sectors, including authorities at the Port of Dover and Calais, as well as Eurotunnel, for the extent of their Brexit preparations. On a recent visit to the West Midlands, the heartland of our automotive industry, I was impressed by the steps that manufacturers are taking to prepare. Retail businesses have also made significant strides: Morrisons, for example, now reports that it is ‘prepared for all eventualities’ in the UK, while the Co-op says that it is ‘prepared for the worst case’. Of course, risks remain and challenges for some businesses cannot be entirely mitigated, even with every possible preparation in place. But the UK economy is in a much better position to meet those risks and challenges thanks to the efforts of those sectors and companies and my right honourable friend the Chancellor.
It is also the case that the impact of no deal on both the UK and the EU will depend on decisions taken by the EU and its member states. On citizens’ rights, internal security, data protection and the vital position of Northern Ireland, we have taken decisions that will benefit UK nationals as well as EU citizens. I hope that the EU will match the generosity and flexibility that we have shown.
Through the EU settlement scheme, we have ensured that every EU citizen resident here by 31 October can acquire a formal UK immigration status, protecting their rights to live and work in the UK. To date, 1.7 million citizens have applied and 1.5 million have been granted a status. Those who have not yet applied have until the end of December 2020 to do so. So far, very few EU member states have made as generous an offer to UK nationals as the UK has made to EU citizens. We do not believe that citizens’ rights should be used as a bargaining chip in any scenario. EU citizens in the UK are our friends and family—we want them to stay. We now hope that the EU extends the same hand of friendship towards UK nationals as we have to EU nationals.
At the same time, keeping our fellow citizens safe should be a priority on all sides. My right honourable friend the Home Secretary has written to Commission Vice-President Frans Timmermans to ensure that effective arrangements are in place on the exchange of passenger name record data, disconnection from SIS II and working arrangements with Europol, as well as the transfer of law enforcement data. We hope that the EU will respond positively, in the interests of the shared security of us all. We have also unilaterally ensured that personal data can continue to flow freely and legally from the UK to the EU and the EEA. A swift adequacy decision from the EU would reciprocate this arrangement, providing legal certainty to EU entities and UK companies.
With respect to Northern Ireland, in order to avoid a hard border, we have committed not to introduce any checks at the border between Northern Ireland and Ireland. The limited number of checks that need to take place, due to international obligations, will all be carried out well away from the border and will affect only a very small number of businesses. The Irish Government and the EU have not yet set out how they will manage the Irish border if we leave without a deal. We urge them to match our commitment.
Let me finally turn to the opportunities from Brexit as laid out in the report. For the first time in 50 years, the UK will have an independent trade policy and we will be able to take our own seat at the World Trade Organization. We will be able to introduce a points-based immigration system that prioritises the skills that we need as a country. We will have autonomy over the rules governing our world-leading services sector and continue our leading role in setting global standards for financial services. We can be a beacon for the world in setting progressive policies on farming, fishing and the wider environment and, outside the jurisdiction of the European Court of Justice, we will set our own rules, putting in place smarter, more responsive regulation.
Of course, no deal will bring challenges and I have been open about that today, as I have been in the past. It is not my preferred outcome, nor that of the Government. We want a good deal, but whatever challenges no deal may create in the short term, and they are significant, these can and will be overcome. Far worse than the disruption of no deal would be the damage to democracy caused by dishonouring the referendum result. Some 17.4 million people voted to leave, many of them turning out to vote for the first time in their lives. They voted to ensure that the laws by which we are governed are set by the politicians in this place whom they elect. They voted for a fairer immigration system which attracts the brightest and the best. They voted to end vast financial contributions to the EU budget and instead invest in the people’s priorities such as the NHS and our brave police service. That is what the British people voted for and that is what this Government will deliver. I commend the Statement to the House”.
My Lords, that concludes the Statement.
Lord Wallace of Saltaire (LD)
My Lords, it is very difficult to know how much of this Statement to believe. It says that the Government still think that there is a chance of no deal. The text from No. 10 from last night—which the Spectator has now published—suggests that people with influence inside No. 10 have clearly entirely given up on the idea of a deal and are moving towards an election, so we have to treat this as the beginning of a series of election statements.
The statement that we will leave with no deal if necessary is a statement that the Government will defy the law. That is also an interesting statement for the Government to make to Parliament at this point. I note that, among other things, last night’s text says:
“To marginalise the Brexit Party, we will have to fight the election on the basis of ‘no more delays, get Brexit done immediately’”.
If that is what the national interest has come down to, we are all in deep trouble. Dominic Cummings appears to text as madly and prolifically as Donald Trump tweets.
There are a number of other fantasies in the text. However, I would like to start by pressing the Minister a little more on the fantasy that he gave us yesterday in suggesting that one could have production with different standards for the domestic and export markets. I am not sure whether the Government have had any discussions with any industrial sectors about having separate production lines. Perhaps they could tell us. We know very well that cross-contamination makes that sort of thing very difficult indeed in the food industry. The pharmaceutical industry depends on global markets, global standards and global research efforts. It will cease production in Britain if we start doing things like that. Non-tariff barriers produced by the British at different standards might also get us into trouble with the World Trade Organization.
If and when we leave the European Union, we will become “an independent trading country” again—as the Statement says—but we will not become an entirely independent economy. We depend very heavily on multinational companies which produce and invest in this country. If they cease doing so, we will all be poorer.
The Statement congratulates the automotive industry on how well prepared it is. What preparations is it making? It is closing plants for periods and reducing plans to build new models in this country. I remember a representative of the automotive sector saying to me in a briefing some weeks ago that it is now impossible to justify new investment in this country. That is the sort of preparation that it is making. This will make us and our children poorer over a longer period.
Another fantasy is that the World Trade Organization will be a major gain for Britain because we will have our own seat; this does not accept the deep crisis within the WTO which the United States has itself created. There is a failure to recognise that between the referendum three years ago and now there has been a downturn in the world economy, a protectionist turn in US policy and a trade conflict between the US and China, which makes the international context in which we manage the British economy much more difficult.
No form of Brexit offers comparable benefits to staying in the EU. That is what, after three years of discussions, the Government have discovered. As a result, the Government are not saying, “Now that we have been through all this, we need to modify our position”. They are saying, “Now that we have been through all this, we need to mitigate the disaster we are committing the country to”. This is a betrayal of Margaret Thatcher’s legacy. She pushed through the European single market as a major exercise in globalisation and deregulation by having common standards in one of the biggest markets in the world. The Government are now retreating to the idea that we will have our own little standards in a much smaller and weaker economy.
There have been all these comments about “vast financial contributions” to the EU budget. As I recall—since we are one of the richer countries and a major contributor—these are said to be £9 billion per year. Well, so far, we have spent £8 billion on the additional costs of leaving, and we have not yet begun to calculate the costs that we will incur from having to replace the shared agencies and facilities to which we have contributed as part of the EU with separate, national facilities. I mentioned yesterday the Joint European Torus in Culham; this is to become a national facility for which, I assume, the British Government will in future pay all the costs rather than a contribution towards shared costs. That is the sort of new cost that we will be developing.
When it comes to Britain in the world, where is British foreign policy? There is no sense of where Britain goes. This is a Vote Leave Government, not a Conservative Government. So much in this Statement seems to be without any foundation whatever. Lastly, it says there will be “damage to democracy” from “dishonouring” the referendum result. After the referendum, our current Prime Minister published an article in the Telegraph saying that there was no question that we had to leave the single market. He has changed his mind. Is it not time the Government changed their mind?
Lord Callanan
I thank the noble Baroness and the noble Lord for their comments and questions. I say to my opposite number, the noble Baroness, Lady Hayter, that what I found interesting about her lengthy contribution—she had a number of clever debating points to make—was that she said nothing at all about Labour’s policy on Brexit. Of course, as we all know, Labour is against everything: against a deal, against no deal, against revoking Article 50. One of these days, maybe even in our debates, we may get to discover what the Labour Party is in favour of.
I will correct some of the points that the noble Baroness made. She said that it is unlawful to leave without a deal. That is not correct. Leaving without a deal is the legal—
Baroness Hayter of Kentish Town
I referred to leaving without a deal without the consent of the House of Commons.
Lord Callanan
The record will show what the noble Baroness said. I wrote down that she said it was unlawful to leave without a deal, which, as she has now correctly said, is not the case. That is now for the European Council to determine as a matter of EU law. She said that businesses would lose their data flow rights; that is also not true. We have put in place substantial mitigations through standard contractual clauses. The Statement said that this will enable the transfer of data. We are urging the EU to put in place a proper adequacy decision, which should be straightforward on the basis that our regulation is, in fact, identical. We hope that it will do that.
Lastly, the noble Baroness asked me to condemn—which I happily do—the embarrassing, incorrect tweet from Leave.EU. Germany is a close friend, neighbour and ally. That comment was appalling and I join her in condemning it.
Moving on to the points made by the noble Lord, Lord Wallace, I picked up very few questions in his contribution. He said businesses would not have different production lines, but many already do. If you want to export to the Chinese, Indian or US market, you already have to meet the different standards they have. However, I readily accept his point about non-tariff barriers. He asked about the single market being an exercise in deregulation. I think that would come as a shock to many businesses that have to meet its standards. He talked about the £8 billion cost. Yes, the cost is considerable, but much of that expense would be incurred anyway. Even if we left with a deal, we would still incur the costs of leaving.
Lord Forsyth of Drumlean (Con)
My Lords, I congratulate the civil servants and officials responsible for this document. Listening to the speeches from the Opposition Front Benches, it is perfectly obvious that they have not read it. It is very helpful indeed. The only criticism I make of the Government is that they did not give us very long to read it, but I have read it. On page 46, for example, it makes it absolutely clear that pet owners will still be able to travel to Europe with their pets after Brexit. They may need to take additional steps to prepare but it explains what these are. The opposition parties are scaremongering and making the same speeches. They have demanded to know what would happen if we left, but when a document is produced all we get are the same tired old arguments that we have heard over and again. I congratulate my noble friend and his officials on the fantastic piece of work that has been done in this document.
Lord Callanan
I thank my noble friend for his comments and join him in congratulating all the officials across government who are working on no-deal preparations. We have some excellent civil servants who are putting in a great deal of work to make sure that the country is prepared to honour the democratic decision the British people took to leave the European Union.
Lord Wigley (PC)
My Lords, at lunchtime, the BBC news reported that Mrs Merkel is looking for a customs union element in Northern Ireland in order to find some common ground. Given that Mrs May’s Government had that as a policy, and given the single market policy of the present Government, is it not possible to bring these together to find a compromise that can avoid us crashing out on 31 October?
Lord Callanan
The noble Lord makes a good point. We are seeking a compromise and have compromised considerably by conceding that Northern Ireland will remain aligned—part of the single market, effectively—for agri-foods and goods on the island of Ireland. We look to the EU to make similar compromises. No nation on earth has an internal customs border in its territory and it is unreasonable to expect the UK to do that.
Baroness Smith of Newnham (LD)
My Lords, the Statement addresses the danger of dishonouring the referendum result, suggesting that 17.4 million people voted to end vast financial contributions to the EU and instead invest in people’s priorities, such as the NHS—I seem to remember that being on the side of a bus—and our brave police service. Fine, those investments would be great, but in light of the IFS’s suggestion today that a no-deal Brexit would lead to borrowing at levels not seen for 50 years and to our debt-to-GDP ratio rising to 90%, when will Her Majesty’s Government stop dancing to the tune of the Brexit Party, the Spartans and Mr Dominic Cummings, and acknowledge that the financial costs of Brexit, especially a no-deal Brexit, will outweigh any financial contributions that we have been making to the European Union?
Lord Callanan
I accept that the Liberal Democrats are quite open about the fact that they want to dishonour the result of the referendum; if only the Labour Party would be more honest, we might have more of a debate on the subject. We have accepted that there will be costs involved in honouring the referendum result and leaving the European Union. We are doing our best to mitigate those effects.
The Earl of Listowel (CB)
My Lords, the Minister talks about risks as well as the efforts to mitigate them. What will the Government do to support households on low incomes, particularly low-income families, if food prices rise? Will they raise benefits to support low-income families should food prices rise significantly after a no-deal Brexit?
Lord Callanan
This is an area that we shall have to look at if there is a fiscal event organised by the Chancellor later this year. The economy, however, is in great shape: we have unemployment levels that the Labour Party would have been proud of if it had been in office, the lowest unemployment for 40 years and the strongest level of growth over the past few years—even since the referendum result that Labour was always telling us would be such a disaster. Many European countries would give their hind teeth for the UK’s economic performance and unemployment levels.
Lord Bridges of Headley (Con)
My Lords, while I welcome the nature of this report, and, like my noble friend Lord Forsyth, its comprehensive approach to these matters, I have a question about the reference on page 142 to the powers of the Northern Ireland Civil Service. My understanding is that the Northern Ireland Civil Service does not have all the powers required in the event of no deal. Will he confirm whether that is so, what the consequences are, and when the Government intend to address the situation?
Lord Callanan
We have been liaising extensively with the Northern Ireland Civil Service, and indeed—the noble Lord, Lord Wigley, will be pleased to know—with the Welsh Government and the Scottish Government. If we have any announcements to make on that, we will make them in due course.
The Lord Bishop of London
My Lords, I thank the Minister for repeating the Statement. Will he confirm how many organisations are currently receiving funding for the asylum, migration and integration programmes via the responsible authority in the UK, and whether these will be placed at risk from a no-deal Brexit?
Lord Callanan
I do not have the figures for the number of organisations in front of me, but I will gladly write to the right reverend Prelate with them. But we have given guarantees to organisations receiving EU funding that they will continue to receive that funding after a no-deal exit.
Lord Kerr of Kinlochard (CB)
My Lords, with regard to security, page 154 shows that we are taking powers to ensure that,
“Border Force Officers will have greater scope to refuse entry on the basis of criminal behaviour”.
How will they access real-time information about criminal behaviour in future?
Lord Callanan
One of the challenges of Brexit is internal security. We have done a huge amount of work on that behind the scenes. It is disappointing that the EU seems to be refusing to discuss many of those points with us, but we are, the noble Lord can be assured, putting in place all the appropriate mitigations so that we can still get access to much of this information.
Lord Hain (Lab)
I echo the implication of the question from the noble Lord, Lord Bridges. Will the Minister confirm that no deal in respect of the Irish border will require direct rule, so that the necessary civil contingency arrangements can be put in place? There is no question that that is so, and I would be grateful if he confirmed it. Can the Minister also explain why he said one thing to your Lordships—it was also said by the Minister in the other place—on the question of a deal, while a No. 10 source is quoted in the Guardian online, just an hour ago, as my noble friend Lady Hayter indicated, following conversations with Chancellor Merkel and other leaders, including in Dublin, that a deal looks,
“essentially impossible, not just now but ever”?
Lord Callanan
With respect to the noble Lord’s first question, I will not go further than the answer I gave to the noble Lord, Lord Bridges. I take the point made by the noble Lords, but when we have announcements to make on such matters, we will do so in due course. I will not comment on off-the-record sources in the Guardian.
Lord Hannay of Chiswick (CB)
Given that any delay would have to be decided collectively by the 28, I ask the Minister to answer a straightforward question: will the Government send a letter asking for a delay if 19 October arrives without a deal?
Lord Callanan
I have to give the noble Lord 10 out of 10 for persistence. We have been around this course a number of times. I will give him the same answer I gave in the debates and the Questions last week: the Government will of course abide by the law.
Lord Purvis of Tweed (LD)
Page 29 of the Government’s paper shows that British exporters would see price increases on 60% of the UK’s exports to the EU. It says that these include increased prices of 65% for beef, 53% for lamb and 10% for cars. The Government must have estimated the total value extra of British exports regarding price increases. What are they for those businesses exporting to the EU?
Lord Callanan
We have been very open about the fact that some of the sectors the noble Lord mentions face very real challenges due to the EU’s protectionist nature and the imposition of tariffs. We stand ready to help those sectors in a no-deal scenario and we have interventions ready to mitigate the worst effects of tariffs in those sectors.
Lord Marlesford (Con)
My Lords, does my noble friend agree that for Northern Ireland to be outside the single market when Great Britain is inside it in no way infringes the constitutional position of Northern Ireland as part of the United Kingdom? If he does so agree, could not exactly the same argument apply to the customs union?
Lord Callanan
I thank my noble friend for his question. The proposal we have put forward is for Northern Ireland to be aligned with the EU single market for agri-foods and industrial goods but not part of the customs union, but he makes an important point.
Lord Haskel (Lab)
My Lords, under the heading “Harnessing Economic Opportunities”, the paper speaks of,
“a different approach to government procurement”.
What will this approach be? Is the idea that it will help UK companies? Will it incorporate British Standard 95009, a new standard that sets out the social and economic standards for public procurement? Is the idea of this to help UK companies? If so, how will that operate under WTO rules?
Lord Callanan
Of course we will always want to act in compliance with WTO rules, but the noble Lord will be well aware of the EU public procurement directives, which offer a very rigid and inflexible approach to public procurement. It is one of the many opportunities that we will be able to indulge in with smarter regulation but, of course, any proposals will be fully discussed in this House and the other place.
Viscount Waverley (CB)
My Lords, this has been a tortuous process, but there will come a point when we will need to rally around the flag. Does the Minister agree that the time will come to keep politics out of this process and that we will start accepting the practical reality of no deal and the subsequent consequences? As things stand, what shortcomings still require urgent attention, or are the Government satisfied with the level of preparedness as set out in Operation Yellowhammer?
Lord Callanan
The noble Viscount makes a good point. I am reminded of the famous quote that an independent is a guy who wants to take the politics out of politics. I am not sure that we will ever take the politics out of an issue such as this. Operation Yellowhammer is mentioned in the report. It comprises the reasonable worst-case planning assumptions that we are operating under. It is put forward by the Cabinet Office Civil Contingencies Secretariat, which operates under a strict set of guidelines. We are attempting to mitigate the effects against those guidelines.
Lord Caine (Con)
My Lords, as somebody who has just finished a nine-year stint as an adviser in the Northern Ireland Office, I lend my support to the comments of my noble friend Lord Bridges and the noble Lord, Lord Hain. In the unfortunate event of no deal, it will be absolutely crucial that the Government take powers to provide for the control and direction of the Northern Ireland Civil Service and Northern Ireland government departments, and appoint additional Ministers to the Northern Ireland Office to carry out and discharge those powers in the interests of the good governance of all the people of Northern Ireland.
Lord Callanan
My noble friend speaks on this subject with great authority. I entirely understand his point, but from his knowledge he will also understand why I cannot go any further than the answer I gave earlier.
Lord Liddle (Lab)
My Lords, this is a factual question, not a pejorative one. What is the Government’s central estimate of the additional average time that it will take a lorry to pass through the channel ports from Dover to Calais, and what is their estimate of the economic cost of the delays that will result?
Lord Callanan
I am always suspicious when anyone gets up and says, “This is a factual question”. The noble Lord knows very well that it is impossible to put numbers on these issues—it depends on a huge range of factors. If he tells me what the exact interpretation and application of the regulations will be by the French authorities, I may be able to get closer to an answer that he wants. Our job is to ensure that businesses and hauliers are well prepared. That is why we are investing so much in a huge public information campaign. One of the interesting statistics is that more than 80% of hauliers crossing the short straits are not British operators; they are mainly from other European countries. This is one of the reasons why we need to reach out to those countries, to haulage associations, drivers, organisations et cetera, to ensure that those organisations know the requirements and have the appropriate paperwork in place to ensure that there are no delays.
Baroness Bull (CB)
My Lords, page 67 of the report, in the section on services, makes it clear that UK businesses and individuals operating in the EU will need to comply with host state rules, including on business travel, investing in and running companies, getting professional qualifications recognised and the levels of access to market. This may mean different regulations in every domain in which they operate. Can the Minister help me understand how this aligns with the Statement, which says that we will have,
“autonomy over the rules governing our world-leading services sector”?
Lord Callanan
The noble Baroness is a doughty defender of the services sector, and rightly so; it makes an invaluable contribution to the UK. The distinction is that we will be able to regulate our own services sector, but the regulations that apply on exports in individual EU and non-EU countries are matters for those countries themselves.
Lord Wrigglesworth (LD)
Given the IFS estimate that the economy is smaller by £60 billion as a result of the Brexit process, can the Minister tell the 60% of the electorate who did not vote for Brexit how much this whole exercise has been costing the United Kingdom since the Conservative referendum?
Lord Callanan
I think it was a UK referendum, not just a Conservative referendum. We are committed to honouring the result. I entirely understand the position of the Liberal Democrats: they want to forget about it and disavow the result, hoping that it will all go away. That is an offence against democracy, but I am sure that we will have this debate when it comes to the next general election.
Lord Howarth of Newport (Lab)
My Lords, does the Minister accept that most people in this country will not share the indignation expressed by some noble Lords about the Government preparing for no deal, but will think that it is the obvious responsibility of the Government, while continuing to work towards a deal, to prepare for the contingency of no deal, which remains a very real possibility? Does he also accept that whatever the present intransigence of the Commission, the member states of the European Union will surely recognise that it is in their interests to work very closely and collaboratively with us on issues of security?
Lord Callanan
As always, the noble Lord makes very good points. Most people will of course accept that it is the legal default, and we should be preparing appropriately. I also entirely accept his other point. A lot of security co-operation takes place outside of the EU sphere, and we have been assured by the people responsible that that co-operation will continue, but of course, some security co-operation relies on access to EU databases et cetera. It is extremely disappointing that the Commission does not wish to discuss how we can better keep people safe in these areas.
Lord Morrow (DUP)
My Lords, do not the comments of the German Chancellor to the Prime Minister—that Northern Ireland must remain in the EU customs union for ever—now reveal the true nature of both Dublin and the European Union? Furthermore, this demonstrates clearly what some of us have been saying for quite a while: that the backstop was intended to be neither temporary nor an insurance policy; rather, it was a device to remove Northern Ireland from the United Kingdom.
Lord Callanan
I have seen lots of these rumours flying around on social media, and I adopt the same policy as I do towards other off-the-record briefings. I have not seen an official read-out of that phone call, but I hope that those were not comments that the German Bundeskanzlerin would make. If that were the case, the noble Lord would be correct, in that it is unacceptable to have a customs border within the territory of the United Kingdom.
Baroness McIntosh of Hudnall (Lab)
My Lords, I had understood that there was an additional 10 minutes of Back-Bench time on the Statement and it says 30 minutes on the screen. Would it be in order for this debate to continue?
Lord Callanan
I understood that it had been extended; I was not watching the clock. I am happy to stay and answer questions for as long as the House wishes, but it is for the Whips to determine.
Baroness McIntosh of Hudnall
My Lords, I hope that the Minister would agree that, whether we leave the European Union with a deal or without one, we will need to have good relationships with our friends and colleagues in Europe in the future. That was implied in the question from my noble friend Lord Howarth. I do not agree with his views on Europe, but I do agree with him on that. Does the Minister think that last night’s briefing from Downing Street to the Spectator, which has not been denied or repudiated since, is likely to encourage co-operative and fruitful relationships with our partners in Europe, particularly in the event of a no deal? I very much hope we can avoid that, but I do not see much prospect of it at the moment.
Lord Callanan
Apparently there was a mix up in communications, but I am happy to answer the noble Baroness’s question. She made a good point in the first part of it: of course, we have to have good and friendly relations with European Union countries, both under the aegis of intergovernmental relations with the EU and bilaterally, and we are ramping up co-operation in embassies in order to do that. The reality is that there has to be a deal, whether that happens before our exit on 31 October or afterwards; it is not possible for us not to have a deal in our relations with the European Union. I totally agree with the noble Baroness on that point.
I cannot respond to all off-the-record briefings that appear on social media and elsewhere.
Baroness Neville-Rolfe (Con)
In his Statement, my noble friend said that one of the opportunities of exit would be having our own seat at the World Trade Organization. What changes in policy does he expect to adopt as a result of us sitting alone at that table? Given the demise of the Trade Bill, how will Parliament and business be able to contribute to that important policy in future?
Lord Callanan
My noble friend makes a good point. We will want to be international champions for free trade, which is under threat in some parts of the world. The Trade Bill has not yet reached its demise; it is currently suspended and I hope there will be an opportunity to bring it back. On the more general point, we will want to consult closely with Parliament on our future trade relations.
Earl of Devon (CB)
My Lords, the Minister stated that the no-deal mitigation plans for meat exporters are in place. Does this include the mass slaughter of livestock for which there is no longer an EU market, given the huge hike in tariffs? The chairman of the Heart of the South West LEP has said that the impact of a no-deal Brexit on agriculture in the south-west will be considerably worse than foot and mouth. Do the Government agree?
Lord Callanan
I answered a question earlier on this business and I fully accept that the challenges of a no-deal exit are particularly acute for various meat and livestock sectors. We are aware of that, we are working closely with them, through the Department for Environment, Food and Rural Affairs, and we stand ready with a package of assistance to aid those sectors.
Lord Shipley (LD)
My Lords, in reference to the reply that the Minister gave to the noble Lord, Lord Liddle, page 15 of the report says:
“The Government has prioritised the smooth and continued flow of goods in and out of the UK in the event of the UK leaving without a deal on 31 October 2019”.
The Statement says:
“I want to pay particular tribute to the automotive, retail and transport sectors, including authorities at the Port of Dover and Calais, as well as Eurotunnel, for the extent of their Brexit preparations”.
In view of the doubt the Minister expressed about the position in Calais, will he confirm that this Statement and report mean that traffic will flow smoothly through Dover and Calais in the event of a no-deal Brexit?
Lord Callanan
I can certainly confirm that traffic coming into the country will flow smoothly, because we have said we will prioritise flow over checking. We hope that the French authorities will adopt a similar position, but we are doing our best to alert drivers and others, on a reasonable worst-case scenario, about what delays may occur and to advise them to minimise those delays by turning up with the correct paperwork.
Lord Tomlinson (Lab)
Does the Minister accept the judgment in the Scottish courts yesterday, where it appears that the judge argued that because he accepted the assurances given, both in writing and orally, by the Prime Minister or his aides at No. 10, there was no need to seek a declaration ordering the Prime Minister to honour the obligations that he appears to have entered into in Parliament? Does the Minister agree with the judge that it is now incumbent on the Prime Minister, therefore, to honour the requirements of the amendment, passed in this House originally, to give Parliament a meaningful vote, and also for Parliament to have the right to have the Benn Act taken fully into account?
Lord Howell of Guildford (Con)
My Lords, since we have this extra time, I ask my noble friend, in the midst of all this animosity, whether the United Kingdom is or is not, under international law and the 1993 treaty, as many legal authorities argue, still a member of the European Economic Area. If we were, that would obviously vastly ease the problem of deal or no deal and enable us to have an orderly transition and comply with all necessary aspects of the law.
Lord Callanan
My understanding is that when we leave the EU, we also leave the European Economic Area: we are members of that by virtue of our membership of the EU.
Lord Judd (Lab)
The Minister stated with absolute certainty that the Government are convinced that when a narrow majority of the population voted in the referendum to leave, they did so for a number of reasons listed in the Statement. What is the evidence that the majority of people voted for all these principles spelled out in the Statement? I have seen none. It is purely subjective, purely rhetorical and purely emotional. What is surely clear is that nobody, or very few people, can possibly have begun to understand in the referendum what all the implications and costs would prove to be. How can a Government committed to democracy and bringing the country together countenance going ahead with the course they have chosen without the people being given the opportunity to say whether they accept all these consequences or not?
Lord Callanan
I suspect that the noble Lord and I will not agree on this one. We think that the referendum result needs to be respected.
Lord Sterling of Plaistow (Con)
My Lords, three and a half years ago, I was asked to put together a team from my old company, P&O, to cover every aspect of transport in every form along the roads. On what is happening at Calais and Dover, Manston Airport will be used for the Dover-Calais runs, and the M40 will be used for the tunnel. One hour before the meeting this morning I was fully updated on the work that is being done. I assure my noble friend Lord Forsyth that what is shown in this document today is vastly advanced compared with how it has been for many years, and my compliments go to those involved. Most people want to come to an agreement—I hate the word “deal”—but if we do not, I reassure your Lordships that in practice, so much of what everybody is talking about today is to do with software, and many companies have already been set up to handle that. Can the Minister ensure that this is publicised? The software aspects of nearly everything we are involved in are the key to our success.
Lord Callanan
My noble friend makes some good points. We have put a huge amount of work in to make sure that traffic continues to flow freely through the Channel ports.
The Earl of Listowel
With the leave of the House, can I press the Minister a little further on the impact of a no-deal Brexit on low-income families in particular? I recognise the Government’s great achievement in achieving such a high rate of employment, but as a member of the All-Party Parliamentary Group for Children, I have been examining for several years the impact of the cuts in local authority funding on families with low incomes. Many of the essential services that support low-income families have been lost; they have carried a heavy burden through the years of austerity. Can the Minister please look carefully, as far as he can, at mitigating any adverse impact, particularly of possible significant food price rises?
Lord Callanan
I thank the noble Earl for his persistence in this matter. He is quite right to raise these important issues, and I commend the work he has done in this area. We will of course keep this matter under review, and will certainly look closely at any appropriate mitigations.
Brexit: No-deal Tariff Schedules
Lord Callanan Excerpts(4 years, 6 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)
My Lords, with the leave of the House I will now repeat in the form of a Statement the Answer given in the other place earlier today by my honourable friend the Minister of State for International Trade. The Statement is as follows:
“On 13 March, the Government announced that they would implement a temporary tariff regime in the event of a no-deal Brexit. This regime would apply equally to all imports that are not subject to alternative trade arrangements and would apply for up to 12 months while a full public consultation will take place to inform long-term tariff arrangements.
The Government would prefer to leave with a deal, and will continue to work energetically and with determination to get that better deal. This will require the European Union to show the same spirit of compromise that my right honourable friend the Prime Minister is demonstrating in his engagements with our European friends and allies.
As the UK leaves the EU the Government are stepping up their preparations to get the UK ready to trade if there is no deal. The temporary tariff regime would maintain open trade on the majority of UK imports, helping to support consumers, business supply chains and sensitive sectors of the UK economy. Due regard has been given to the five principles set out in the Taxation (Cross-border Trade) Act 2018: the interests of consumers in the UK; the interests of producers in the UK; the desire to maintain and to promote external trade of the UK; the desire to maintain and promote productivity in the UK; and the extent to which these goods are subject to competition. It reaffirms our commitment to become a free-trading nation. It realises the benefits of an independent trade policy to support increased trade and investment with partners new and old around the world, and increased choice for British shoppers.
At the same time, Her Majesty’s Government recognise the importance of retaining some tariffs. Tariffs would therefore apply on just over 10% of imports, supporting sectors facing unfair global competition, mitigating otherwise significant adjustment costs for the agriculture sector, supporting the strategically important automotive sector, and maintaining our commitments to developing countries. Preferential access to the UK market is important for our developing country partners and tariffs have been retained on a set of goods, including bananas, raw cane sugar and certain kinds of fish, to demonstrate the Government’s ongoing commitment to countries in the developing world. During the Article 50 extension, the Government have remained responsive to the concerns of business and have reviewed the tariffs that would come into effect if the UK left the EU without a deal.
To answer the honourable gentleman, the Government will publish the final tariffs shortly. It would not be appropriate for me to comment on any amendments being considered prior to that announcement. As he will understand from his former guise as shadow Chancellor, to do so would be irresponsible. The Government will ensure that Parliament is informed as soon as practically possible once a final decision has been made”.
Lord Stevenson of Balmacara (Lab)
Ah, “shortly”; that wonderful word.
My Lords, I thank the Minister for repeating the Answer. Tariffs are, of course, the simplest and most direct of the tools of trade policy. They are taxes on imports. Higher tariffs shelter domestic industries; lower tariffs increase competition and benefit consumers, so Governments should be interested in them. We are interested in the announcements that are about to be made.
Having apparently lost interest in the Trade Bill—maybe it just got lost—we should perhaps not be surprised by the way the Government have been treating tariffs. The interim announcement in March was done without consultation and with very limited debate. We have yet to see an impact assessment or even an Explanatory Memorandum. Can the Minister confirm that these important documents will be published for the next round?
There are rumours about changes that will be made to the original list, which was heavily criticised from all sectors in industry. Can the Minister say more about that? He said that he would not comment on it, but can he give us a timeline rather than just “soon”? We know that the rumour is that the statutory instrument dealing with this is to laid on 21 October, although it will be a made affirmative SI, which I understand to mean that this House will not have a chance to comment on it. Can the Minister confirm that?
Do the Government intend to have our final WTO schedules formally ratified by the WTO this time, or is this just another temporary announcement? On a related issue that bears on the same point, have we reached an agreement yet on our tariff rate quotas? We know that significant challenges by other countries have already been logged that may require substantial compensatory offers. Where are we on that? What assessment have the Government made of likely new tariffs on our exports which will be introduced by our new trading partners? Does this not just mean that UK companies will face competition from a flood of cheap imports that undercut them, putting thousands of UK jobs at risk? What remedies do the Government have in mind to counteract that?
Lord Callanan
I thank the noble Lord for his comments. He will understand my difficulty as I cannot comment on a specific date for the announcement, but it will be made shortly.
On his question about SIs, there will be one made affirmative SI and 10 made negative SIs to implement the tariff schedules. We will introduce them as soon as possible following the tariff announcement, which, as he will know, is market sensitive. We expect to liberalise roughly 87% of tariff lines and that tariffs will be applied to roughly 13%. We do not expect to have significant changes from the previously announced regime from March. As always in these things, there is the difficulty of getting a balance between the interests of consumers and the interests of producers.
Lord Purvis of Tweed (LD)
The Minister repeated the estimates from March of how this would impact British business. I remind the House of how the business community described those figures. The CBI described them as a “sledgehammer to our economy”, and said that they show,
“everything that is wrong with a no-deal scenario”,
and that there had been no input from businesses. The Federation of Small Businesses described them as “undercutting”. When I took the textile firms that I used to represent in my former constituency through what the implications would be, they described them as devastating for the remainder of that sector.
If these measures are a “contingency”—as the former Business Secretary described them to the BEIS Committee in the Commons when it asked him about them in March—rather than anything definite, what consultation has there been with the business community? If the figures have not changed, as the Minister indicated, then we can assume that there will be no changes, so we would start to feel their dramatic impact almost immediately if there is a no-deal scenario.
Secondly, the Minister will recall that these “contingency measures”, as they were called then, were published alongside what would have been the emergency measures for the Northern Ireland border, because we cannot have this tariff regime in place without mechanisms for what would be our land border with the European Union. Can the Minister be very clear: would the contingency arrangements covering the Northern Ireland border that the Government also published in March be implemented in a no-deal scenario?
Finally, the Minister rather glibly said “shortly”. If this measure is put in place, it will be because there has been no deal. That could be in a little more than 10 days in which Parliament can consider the implications of the next European Council. If businesses are not to see a repeat of the lack of input that they described in March, will the Government at least publish what the responses from the business community have been if we are to take the Government at their word that it has been consulted?
Lord Callanan
I thank the noble Lord for his questions. I genuinely would like to be helpful, but I cannot go further than to say that the announcement will be made shortly. We have been responsive to business concerns. We have been listening to businesses and sectors since the original announcement, but, as I said in response to the first question, there is always a balance to be struck between the benefits for consumers and for industries that rely on imports for their productivity and domestic producers. These are difficult decisions; I am not hiding that. I did not say that there would be no changes; I said that there would be no significant changes. I can confirm that we will not be implementing these tariffs on the Northern Ireland border.
Lord Davies of Stamford (Lab)
How can our Irish and continental partners possibly be expected to take seriously the document they received from the British Government last week when it promises “an open border” but at the same time provides for customs controls internal to the island of Ireland?
Lord Callanan
I think the noble Lord is a Question behind. That is on the previous Question; on this Question we are talking about the tariff regimes.
Baroness Neville-Rolfe (Con)
As my noble friend knows, I have been concerned all along about the tariff schedule. As has been said, business and consumer interests need to know what charges will be levied if we have no deal. I know that there are some concerns about the detail in some sectors, so I am very glad to hear that the SIs are on their way. I hope that business will have been listened to by the new Government.
My concern is actually a longer term one, which I raised with my noble friend the Leader. Assuming that we go down the road of free trade agreements, as has been promised, there has to be an incentive for countries to agree to them. We might be talking, for example, about an FTA with the EU, which sends us so much more in the way of goods than we send it, or about Canada or Japan, which would do very well out of the temporary schedule published in March. When I was a business executive, I was involved in a successful EU FTA with Korea and a failed one with India. I know how difficult it is if you do not have strong levers and protections that the other side wants lifted. How are we going to win in these difficult circumstances?
Lord Callanan
I thank my noble friend for her question. She speaks with great knowledge in this area. I remind her that the announcement, when it comes, is a temporary tariff regime lasting for up to one year. We will still have considerable levers over the countries that she mentions because we can revise it in the future if they are not interested in a free trade agreement. We are a free trading nation and we want to have tariffs as low as possible on a mutual basis, but we retain the levers because they will want long-term certainty for their businesses.
Lord Lansley (Con)
My Lords, following on what my noble friend Lady Neville-Rolfe was saying, my noble friend will be aware that if we have a temporary tariff regime of our own we need to establish at an early stage what our notified schedule with the WTO is going to be in the longer term. In the unhappy event that we have to go out of the EU without a deal, will the Government commit to consult rapidly and substantively on what that longer term schedule with the WTO should look like?
Lord Callanan
My noble friend makes a very powerful point. We will want to move to permanent arrangements as quickly as possible and to consult widely with both business, consumers and parliamentarians before we do so.
Lord Empey (UUP)
My Lords, can the Minister respond to the point made by the noble Lord, Lord Purvis of Tweed? How is a Northern Ireland farmer expected to compete when the Republic’s farmers will be able to bring produce into Northern Ireland tariff-free, whereas they will not be able to send it to Great Britain tariff-free? Surely common sense dictates that our market will be used to dump because they can bring in products for next to nothing. How can the Government maintain the pretence—particularly after last week’s documentation—that Northern Ireland is being treated the same as the rest of the United Kingdom? It blatantly is not.
Lord Callanan
I thank my noble friend for his question. As I said in a previous answer, this will not be a permanent arrangement. We will want to look at it and revise it in the light of circumstances, but we remain of the view that it is the best thing to do in the short term to ensure that the Northern Ireland border works smoothly with no infrastructure or controls put in place there.
Brexit: Withdrawal Agreement and Political Declaration
Lord Callanan Excerpts(4 years, 6 months ago)
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The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)
My Lords, with the leave of the House, I will now repeat in the form of a Statement the Answer given by my honourable friend the Parliamentary Under-Secretary of State for Exiting the European Union to an Urgent Question in the other place. The Statement is as follows:
“Mr Speaker, we are unconditionally committed to finding a solution for the north/south border which protects the Belfast/Good Friday agreement and the commitments which can best be met if we explore solutions other than the backstop. The backstop risks weakening the delicate balance embodied in the Belfast/Good Friday agreement between both main traditions in Northern Ireland, grounded in agreement, consent and respect for minority rights.
Any deal ahead of Brexit on 31 October must avoid the whole of the UK or just Northern Ireland being trapped in an arrangement without consent in which it is a rule taker. Both sides have always been clear that the arrangements for the border must recognise the unique circumstances of the island of Ireland and, reflecting that, be creative and indeed flexible. Under no circumstances will the United Kingdom place infrastructure, checks or controls at the border.
On Wednesday 2 October, the Government proposed a new protocol on Ireland/Northern Ireland. These were serious and realistic proposals that reflect the core aims put forward by both the UK and the EU. These proposals are consistent with the Belfast/Good Friday agreement and deliver our aim of avoiding any checks or infrastructure at the border. These proposals were set out in detail in an explanatory note and in a letter to the President of the European Commission, Jean-Claude Juncker. The Prime Minister deposited both of these documents in the Library of the House on Wednesday 2 October and published them in parallel on GOV.UK. To support these negotiations, a draft legal text was also shared with the Commission on a confidential basis.
The Prime Minister’s Europe adviser, David Frost, and UK officials have been in intensive discussions with the Commission for some time now and will continue meeting with their counterparts from taskforce 50 for further technical talks this week. These meetings will cover our proposals on the protocol and the political declaration to reflect the goal of a comprehensive free trade agreement. The previous withdrawal agreement and political declaration would have trapped the United Kingdom within European regulation and customs arrangements. The Prime Minister is continuing talks with EU leaders today, including the Prime Minister of Sweden, the Prime Minister of Denmark and the Prime Minister of Poland. My right honourable friend the Secretary of State for Exiting the European Union is also travelling to EU capitals, including Amsterdam and Valletta, over the course of this week.
Discussions with the Commission are ongoing and sensitive, and we must ensure that we as a Government act in a way that maximises our chance of success in these negotiations. We will of course keep the House informed as these discussions continue. The legal text that we have shared with the Commission will be published only when doing so will assist the negotiations. We hope that those in Brussels will decide to work with us over the upcoming days. If they do, we will leave with a new deal. If they do not want to talk, we are prepared to leave without a deal. We need to get a new deal or a deal, but no more delays. We must get Brexit done so that the country can move forward and focus on the cost of living, the NHS and other domestic priorities”.
Baroness Smith of Basildon (Lab)
My Lords, I feel I have heard some of those words before in many other Statements. To be clear, what the Urgent Question asked was when the Government intend to publish the full legal text of proposed changes to the withdrawal agreement and the political declaration. MPs will be asked to make a judgment on this and consider the Prime Minister’s offer. I am not going to call it a deal, because a deal to me is something that is agreed between two parties. At the moment, this is an offer from the Government which, as I understand it, has not found favour with anyone yet except the Government’s partners, the DUP. Unfortunately, they are not in the Chamber.
The Prime Minister’s language on this has changed. First, he said he would die in a ditch rather than ask for an extension beyond 31 October, then this was going to be a take-it-or-leave-it offer and now he talks about negotiations and having a basis for discussion. There are probably three things to ask here. First, there is the issue of confidentiality. My understanding is that both the President of the European Commission and the Irish Prime Minister have called for the legal text to be published. It is just the British Government who are saying that they do not want to publish it.
Secondly, in two different places, the Statement says that:
“Under no circumstances will the United Kingdom place infrastructure, checks or controls at the border”.
“At the border” is very specific. I have two questions for the Minister about that. Could the offer that is being made to the EU, which we do not know the details of, mean that the EU would need to put checks or infrastructure in place? Is the UK considering checks or infrastructure at locations other than the border? Those are very important questions, given how specific the Statement is.
People also want more information on employment, consumer and environmental rights—that is why seeing the detail of the legal text, rather than just brief Statements, is so important. Can the Minister confirm that we will maintain the levels of protection we have and keep pace with the EU in future?
My final point relates to the Northern Ireland Assembly and Executive having to consider the arrangements on the border every four years. Can the Minister give any examples of such arrangements being in place, or reference any treaty or agreement, in respect of which the parliament or assembly that has to make the decisions is not active? It seems an extraordinary way forward.
It would help the House if the Minister could respond to these questions. I struggle to understand why the legal text cannot be published to parliamentarians in this country so that we can see the detail of it.
Lord Callanan
I thank the noble Baroness for her questions. Of course, implicit in her first question was the fact that discussions are continuing; she was quite right about that. These are proposals from the United Kingdom, as she says. It appears that they may not have found favour with the EU, so talks will continue and the texts may change. She can rest assured that, as soon as we have any concrete proposals, we will bring them back to the House and we are considering whether they should be published before then. As soon as it is helpful to the negotiation process, we will indeed do that.
The noble Baroness asked whether the EU will put checks or infrastructure in place. I do not know. It is a question for the EU. How they choose to interpret their regulations is a matter for them. We very much hope not. We have said that we are prepared to work with them.
We have no plans for any infrastructure at the border, as I said. We have always said that there will have to be customs checks, but they can be done in traders’ premises and places such as haulage depots and others away from the border, similar to the way in which we conduct excise checks now. I remind the noble Baroness that there is already a VAT border, an excise border, a currency border. The excise regulations are currently enforced by both sides, by co-operative, pragmatic, low-profile, intelligence-led policing, in co-operation with the Irish authorities. We envisage something similar.
The issue of social and environmental protection goes back to a question that I answered last week from the Liberal Democrats. I remind the noble Baroness that we already exceed EU minimum standards in a whole range of areas—be it holiday pay, maternity protections, workers’ rights, et cetera, our standards are already higher than those mandated by EU minimum standards. That also applies to environmental standards; our climate change targets are higher than the whole of the rest of the European Union.
Lastly, on the noble Baroness’s question about the consent procedure, clearly, it is a challenge that the Northern Ireland Assembly is not sitting, and we are working hard to get it reinstated. We are prepared to discuss the details of these proposals but we believe that, when one is going to subject an area of the United Kingdom of Great Britain and Northern Ireland to control by an external body through alignment with EU single market standards, which we are proposing in a compromise for Northern Ireland, it is right that the people of that area should have the opportunity to give their consent or otherwise to those proposals.
Baroness Smith of Basildon
My Lords, by way of explanation, I said that the DUP were not represented here. I see that they have now taken their seats, and we look forward to hearing from them.
Lord Wallace of Saltaire (LD)
My Lords, I hope that the Minister understands that part of the reason for our demand to see the full text is that many of us neither trust the Government nor are convinced that they understand quite where they are going. In answer to my question last week, the Minister insisted, as he just has again, that the Government are aiming for higher standards than common European standards. Yet, since he gave that any answer, I have seen a number of briefings for the press from Ministers and sources in No. 10 which suggest that we want more flexible standards to be able to open up to a range of things, which suggests lower standards. It says here that we are not prepared to be a “rule-taker”. It also says that we want to renegotiate the political declaration so that we can have our own regulations.
When I was following Margaret Thatcher’s proposals for the single market in the early 1980s—the Minister is probably too young to remember that period—the argument which was made by those around Margaret Thatcher was that we were a rule-taker. We by and large took US regulations and taking part in creating European regulations would give us much more of a handle on questions such as how we coped with the internet, and what is now the whole digital economy, and we would therefore be able to take part in making our own regulations.
There seems to be a fantasy in the Government that we are not going to follow American regulations or European regulations but we will be a wonderful island with our own special regulations in this whole area, which will make it much more difficult to trade and produce services in collaboration with others. Is that the direction we are going in, or are we going back, as some Ministers seem to have suggested at the weekend, to following American regulations instead?
Lord Callanan
I thank the noble Lord for his question and particularly for his age compliment, although I am not sure I am that much younger than he is; I accept it none the less.
I said last week, and repeated to the noble Baroness, Lady Smith, that we already have higher standards in virtually all those areas than the EU minimum standards. What standards we have in the future is one of the great opportunities of Brexit. What standards we might like to have is a matter for this House. The great thing about Brexit is that we no longer have to have these things dictated for us by the European Union. This is about taking back control. We can decide these matters for ourselves.
I am not clear why the Opposition think that this is such a bad thing. We can decide whether we have much higher standards, different standards, alternative standards. The opportunity to better regulate new and emerging areas of technology is one of the great opportunities of Brexit when we are no longer attached to the lumbering dinosaur of the EU. We can decide these things in a nimble and flexible way.
In terms of the noble Lord’s general comments about standards, obviously it is the case that if we want to export to the US market, the Chinese market, or the Indian market, we have to follow those standards in those particular areas. For the vast bulk of our trade and commerce which goes on within our own internal economy, we can determine those standards for ourselves.
Lord Hannay of Chiswick (CB)
My Lords, will the Minister address this issue about standards? He seems not to have properly understood, if I may say so, what actually happens. We have higher standards now in many cases than the EU, but we are in the EU. Being in the EU has not stopped us having higher standards. We are not stuck with a dinosaur at all. We are setting our own standards. The only reason that I can see for removing this passage from the political declaration about the level playing field is so that we may be able to have lower standards than the EU in future; otherwise, there is no need for it. Will the Minister will reply to that point?
Lord Callanan
I thank the noble Lord for his question, but I understand the issue very well. I have taken part—as he did—in the standard-setting procedure in the European Union and understand very well how it works and how cumbersome it is. I maintain my point. I do not understand why we need to dynamically align to have exactly the same standards as the European Union. We may want to have different standards. Who is to take a view or a judgment on whether standard A is appropriate, different, lesser, or higher than standard B? That is something for this House to decide. We might decide to have an alternative policy which regulates some things in a different way. It is the flexibility to do that which is appropriate. I maintain the commitment of this Government to have higher standards than the European Union, as we do now.
Lord Liddle (Lab)
My Lords, one reason why I think your Lordships believe we need to see the legal text concerns the arrangements that are being proposed for democratic consent in Northern Ireland. As I understand the arrangements under the Good Friday agreement, a majority in both communities have to agree to any major change. Why is it that this is being briefed as giving the DUP a veto? Why should not Sinn Féin also have a veto on any change that might introduce a hard border in the island of Ireland?
Lord Callanan
The arrangements for decisions in the Northern Ireland Assembly are set out. This is one of the areas that we are prepared to have detailed and intensive discussions on, and we are doing so. I take the noble Lord’s point about publication. I am not ruling out publishing the legal text. We will do so when it is helpful to the negotiation and when we can aid discussions in this House.