European Council

Lord Kerr of Kinlochard Excerpts

Monday 2nd July 2018 Lords Chamber

[Lord Kerr of Kinlochard (CB)]

I agree with the noble Lord, Lord Newby, that there is something a little surreal in the Prime Minister’s warning of the need for clarity about the future relationship. The 27, of course, warn her in their conclusions text that further clarity is required,

“as well as realistic and workable proposals from the UK as regards its position on the future relationship”.

I know what they mean and I do not know whether the Government can satisfy them by producing proposals at Chequers. I hope that, in producing these proposals, party solidarity and unity will not be the only concerns and there will be a little time to think about the national interest and negotiability. Does the Minister agree with the Prime Minister when she said it is not realistic to think that we could just replace European trade with deals in new markets? That was in April 2016. Does the Minister believe that Trump’s flouting of WTO rules and his sanctioning of UK companies makes it any more realistic now?

[Baroness Evans of Bowes Park]

The Prime Minister has been very clear that we are looking to have a strong, sustainable and close economic relationship with the EU and continue with that, but we also want to be able to undertake an independent trade policy which will help to complement that and provide us with new relationships with global partners across the world.

Syria

Lord Kerr of Kinlochard Excerpts

Monday 16th April 2018 Lords Chamber

[Lord Kerr of Kinlochard (CB)]

My Lords, I strongly agree with what the noble and learned Lord, Lord Morris, said about legality and I think the Kosovo precedent is very apt. I support the Government on it. I also very much agree with what the noble Lord, Lord King, said about the circumstances in which one can and cannot consult Parliament in advance, and I support the Government on that. My unease is precisely over not knowing what the future strategy is. When the Statement speaks about diplomatic action, I would feel happier if it told us about when we are going to get an embassy in Damascus. I would feel happier about the idea of our involvement in international discussions on the future if we stopped saying that the man who is actually winning the civil war must go before there can be any future settlement. It seems to me that we have parroted that slogan for too long, and we have to face the fact that we have not done very well. As many people have been killed in that country, where we have not intervened, as have been killed in Iraq, where we have intervened. We need to be a little humble about our approach and think about a strategy for real diplomatic engagement.

[Baroness Evans of Bowes Park]

As I have made clear, this action was specifically focused on degrading the regime’s chemical weapons capability. Our position remains that we do not believe there can be a sustainable peace in Syria with Assad in power, and that we need a transition to a new and inclusive non-sectarian Government. We will continue to work diplomatically and, as I have mentioned a couple of times, we are attending a conference next week aimed at supporting the future of Syria and the region. We remain committed to the UN political process and will continue to use all the diplomatic means that we can to achieve a lasting peace in Syria.

Salisbury Incident

Lord Kerr of Kinlochard Excerpts

Wednesday 14th March 2018 Lords Chamber

[Baroness Evans of Bowes Park]

Certainly, the Secretary-General has recognised this incident as of great concern to NATO. In fact, the NATO council published a statement today, saying:

“Allies expressed solidarity with the UK, offered their support in the conduct of the ongoing investigation, and called on Russia to address the UK’s questions including providing full and complete disclosure of the Novichok programme to the Organisation for the Prohibition of Chemical Weapons. Allies agreed that the attack was a clear breach of international norms and agreements”.

[Lord Kerr of Kinlochard (CB)]

It is clear that the House welcomes what was said in the Statement about defensive measures. I certainly do—I think they are appropriate and proportionate. I am, however, surprised that so little was said in the Statement about deterrent measures. The one mention of sanctions was that we shall take powers to be able in future to do more on sanctions. Why are we not saying anything about sanctions now?

I have two questions. First, given that the EU sanctions on Russia following the Crimea and then the Donbass were surprisingly effective, and given that the Government played a commendable role in ensuring that they were introduced and then maintained, are the Government contacting the EU about sanctions against Russia over this crime committed in an EU member state? Secondly, given that the sanctions that do least damage to the Russian people and have most effect on Kremlin thinking are those on particular individuals and on where they put their money, can the Minister tell us what the Government envisage on that front, on targeted sanctions against individuals known to be close to the Kremlin?

[Baroness Evans of Bowes Park]

As the noble Lord will know, the National Crime Agency will continue to bring all the capabilities of UK law enforcement to bear against serious criminal money. There is no place for these people or their money in our country. As I mentioned on Monday, we have now introduced unexplained wealth orders, which can be used to compel individuals to explain their sources of wealth; indeed, the first UWOs have already been issued by the court.

In relation to our conversations with our EU partners, this will, as I mentioned, be an agenda item at the EU Council next week and we will of course be talking to our EU partners. The Prime Minister has already spoken to Chancellor Merkel and President Macron, among others, to see what ways forward we can find with our EU partners to look at the precise areas that the noble Lord set out.

United Kingdom-European Union Future Economic Partnership

Lord Kerr of Kinlochard Excerpts

Monday 5th March 2018 Lords Chamber

[Baroness Evans of Bowes Park]

The UK, rightly, has some of the highest environmental and animal welfare standards around our agrifood sector; we want that to continue and we fully expect that it will. However, what we want is an agreement that ensures consistency of outcomes and standards for agrifood, while adding scope for flexibility in how we achieve this, and to make sure that our farmers and fishermen are able to take advantage of the freedoms that we may have by now leaving the EU.

[Lord Kerr of Kinlochard (CB)]

I would like to ask the Minister a couple of practical questions. I admire the detail in the speech; there is a lot to learn in it, and I wish it had been given 18 months ago. However, I do not fully understand the “customs partnership” concept. Is it the case that if a container ship from Asia docks in Hamburg or Rotterdam, for containers coming on to Britain the authorities there will be expected to apply our definitions and rules of origin and the rates of duty that we set? If so, what is their incentive to agree to that additional complication for them? As for the agencies, what is the incentive for continental pharmaceutical or chemical industries to agree that we—uniquely, as no one outside the EU has membership of the single market’s agencies—should be allowed membership of them? Why should they agree? These are very interesting proposals, but are we sure of their negotiability? We present them as our offers; in fact, they are our requests. Why should the EU let us pick the cherries?

[Baroness Evans of Bowes Park]

A customs partnership would mean that at the border the UK would mirror the EU’s requirements for imports from the rest of the world, applying the same tariffs and the same rules of origin as the EU for those goods arriving in the UK and intended for the EU. By following this approach, we would know that all goods entering the EU via the UK paid the right EU duties, removing the need for customs processes at the UK/EU border. In relation to agency membership, there are indeed precedents. Switzerland, for instance, is an associate member of the European Aviation Safety Agency, which means that airworthiness certifications are granted by its own aviation authority and disputes are resolved through its courts.

Brexit Negotiations

Lord Kerr of Kinlochard Excerpts

Monday 11th December 2017 Lords Chamber

[Baroness Evans of Bowes Park]

I am afraid that I cannot be clearer that I have been already. The whole of the UK, including Northern Ireland, will leave the EU customs union and the EU single market. Nothing in the agreement alters that fundamental fact.

[Lord Kerr of Kinlochard (CB)]

Given the Minister’s non-answer to the question of the noble Lord, Lord Deben, and her rather worrying answer to that of the noble Lord, Lord Pearson, will she confirm that the United Kingdom Government, having agreed the definition of their financial obligations, will under no circumstances refuse to honour them, as a matter of honour?

[Baroness Evans of Bowes Park]

As the Prime Minister has made clear, the money is on the table in the context of agreeing our partnership for the future. If that is not agreed, then the financial offer is off the table.