EU: Future Relationship

Lord Kerr of Kinlochard Excerpts

Wednesday 20th May 2020 Lords Chamber

[Lord True]

My Lords, I am not chasing either my noble friend or the noble Baroness, Lady Ludford, into descriptions of other people’s positions with epithets. Mr Barnier is an excellent negotiator, but my noble friend is right that the EU mandate is perhaps somewhat less viable than that of Monsieur le Duc de Talleyrand. It is a pity that those mandating the EU negotiations have not noticed that 23 June 2016, 12 December 2019 and 31 January 2020 have changed much in this country, and it does not serve in these circumstances to have learned nothing and forgotten nothing.

[Lord Kerr of Kinlochard (CB)]

I doubt if the Statement or Mr Frost ‘s letter will greatly advance the negotiation. I am struck by its petulant and querulous tone and the view that we are entitled to pick and choose. The Statement ends by saying that progress is possible only if the EU recognises that we are now a sovereign equal. I have two quick questions on sovereignty for the Minister. First, does he regard France, Spain, Germany and the 27 sovereign states as equally entitled to determine their own interests? Secondly, when we called in the political declaration for an overarching institutional framework that could be an association agreement, we must have had a different view on sovereignty because we now say that such an agreement is appropriate not for a sovereign equal but only for applicants for EU membership. I am really puzzled about this sovereignty doctrine. Is Israel or South Africa applying to join the EU? Do we think Ukraine is not a sovereign equal?

[Lord True]

My Lords, Question Time is not the moment for a debate on sovereignty. I must say I think the noble Lord probably used some much firmer language than Mr Frost in his diplomatic career occasionally. One of the issues is a sense that the EU wishes to exercise influence and authority within this country after the end of transition. The noble Lord quoted Latin the last time he spoke. I commend to him the wise advice of the Emperor Augustus, “consilium coercendi intra terminos imperii”—that is, a power should stay within its own fixed bounds. On issues such as the so-called level playing field, the jurisdiction of the ECJ and fisheries, we are asking the EU to recognise that the UK has chosen to be an independent state.