EU Withdrawal

Lord Lansley Excerpts

Wednesday 13th February 2019 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, as ever we listen with great interest and expectation to the words of the Minister. Two weeks ago, having reflected on a quite crushing defeat in the House of Commons, the Prime Minister vowed to renegotiate and come back to Parliament with what, she said, would apparently be a better deal. As we edge closer to 29 March—there are now just 44 days to go—we were eagerly awaiting details of the progress made to date. But perhaps we should have known better than to expect anything of substance from the Prime Minister when her Statement was unexpectedly brought forward to yesterday afternoon. However, ever the optimist, I hoped we would hear the results of her mission to obtain legally binding changes to the withdrawal agreement. If not that, perhaps Mrs May was going to announce that she would genuinely seek to build a cross-party consensus behind a different, more detailed political declaration. Yet on both counts yesterday, we were disappointed.

For the past week, we have waited with bated breath to see the Government’s Motion for today’s debate. Perhaps the delay was a good sign; perhaps it would be a substantive Motion that we could consider and debate. But it seems to have been drafted to rub salt into already weeping wounds. All it says is that,

“this House takes note of the ongoing discussions with the European Union under Article 50 of the Treaty on European Union”.

This is a debate we could have had at any point during the past two years. The Motion says nothing, does nothing and therefore means nothing. While MPs hang around waiting for that meaningful vote, all the Government have to offer us today is a meaningless debate. So the purpose of my Motion—not an amendment, as the Minister said, but a separate Motion—is to provide some meaningful structure for our deliberations today.

For the benefit of the House, I will speak to both Motions together and although it might be a vain hope—as I said, I am ever the optimist—I would welcome government support for my Motion. The Minister shakes his head; perhaps I should not be surprised but he should not smile as he does so, as it will disappoint this House. Each and every time I make a proposal, I do so after consultation and discussion with colleagues across the House. I do that because I seek to be not controversial but constructive.

We want to find a way forward that can command broad support in your Lordships’ House and allow the Government to return to Brussels with something new to say—I am sure Mr Barnier would appreciate that. We want to rule out the catastrophe of crashing out on 29 March and ensure sufficient time for proper consideration of the legislation that is needed, or required, to deliver Brexit. We will also want to ensure that the Constitutional Reform and Governance Act is not ripped up and tossed to one side. I would be grateful if the Minister could confirm that.

The Government’s Motion today, if taken alone, is inadequate. It asks us to take note of the ongoing discussions—but what discussions? According to media reports, EU officials were once again bewildered as the Prime Minister arrived for urgent meetings in Brussels without anything new to discuss with those whom she had requested to meet. Despite having received a constructive proposal from the Leader of the Opposition, Mrs May refuses to provide Parliament with an opportunity to vote on that proposal, while stubbornly clinging to those now discredited red lines.

Rather than listening yesterday, therefore, to the Prime Minister’s plea for more time, perhaps it would have been more fruitful for noble Lords to have gathered in a Brussels hotel bar. Hopefully, Mr Robbins was able to enjoy as many different Belgian beers as the Government have timetables for the next meaningful vote. Even as the ONS data shows slowing economic growth, with manufacturing performing as badly as at the onset of the financial crash, the Government continue to talk up a no-deal exit, and all we hear from Ministers is that the only way to prevent crashing out is to support the Prime Minister’s deal, even though she herself has already rejected part of it—the backstop.

Many noble Lords will have heard the noble Lord, Lord Kerslake, interviewed on the “Today” programme last Friday. He laid out what we all know to be true. First, if the Government sought to rule out a no-deal exit at the end of March, both Parliament and the EU 27 would gladly facilitate this shift. Secondly, civil servants and local government are being forced to allocate limited resources to an outcome that, as we all know, would actively harm citizens, businesses and communities. The noble Lord also said that even if the Prime Minister was able to secure the changes she seeks, it is simply no longer possible for the Government to ensure an orderly exit from the EU on 29 March.

In that same programme, the shadow Chancellor again laid out the terms of Labour’s proposed alternative deal: a permanent and comprehensive customs union with the EU; close alignment with the single market, underpinned by shared institutions and obligations; dynamic alignment on a range of rights and protections; concrete commitments on future participation in EU agencies and funding programmes; and greater clarity on future participation in EU security mechanisms and arrangements, including the European arrest warrant. [Interruption.] There seems to be some sort of sequence dancing going on in the Chamber at the moment.

This is a serious proposition that takes on board comments from both sides of both Chambers. It is an arrangement that the Government should allow Parliament the opportunity—

[Lord Lansley (Con)]

I am grateful to the noble Baroness for giving way. I am sure that the proposal from Her Majesty’s Opposition—that we should be part of a permanent customs union—is intended to be distinctive and different. But I am still trying to work out what, in practice, the difference is between what the Opposition seek and what the Government have negotiated, as stated in paragraph 23 of the political declaration: no tariffs, no fees, no charges, no quantitative restrictions and a single customs territory that permits no checks on rules of origin. All that falls within what paragraph 17 describes as,

“the development of an independent trade policy by the United Kingdom beyond that economic partnership”.

Going through it step by step, I find it difficult to see the difference. Where is it?

[Baroness Smith of Basildon]

My Lords, I think that was more of a speech than an intervention. There is, however, a clear and distinct difference. If the Government think, like the noble Lord, that it is the same, why do they not support our suggestion? That would be very straightforward. Our proposal is different. The same is true of common external tariffs, which my noble friend Lady Hayter will deal with at the end of the debate. If the Government are so concerned that our suggestion is the same as their suggestion, they can easily support our proposals. I would welcome the noble Lord’s support today. What is being put forward guarantees, and gets, broad support in both Houses. The way to test that is to put it to a vote in the House of Commons, to see if it commands the support of MPs in finding a meaningful way forward.

My Motion today, therefore, is intended to assist the Government. It recalls that this House, by substantial majorities, emphatically ruled out a no-deal exit and called on the Government to act accordingly; and it reflects the mood of the elected House, where MPs have twice voted against the principle of crashing out without an agreement. It asks the Prime Minister to take all steps necessary to ensure that we do not leave without a deal on 29 March. This could include seeking an extension to the Article 50 negotiating period, which would allow time to develop the political declaration in vital areas that have not been given the attention they deserve, such as security co-operation, and, echoing the point made by the noble Lord, Lord Callanan, to pass the legislation that is required, or necessary—he will decide which word to use—to give effect to the final withdrawal agreement.

It would be helpful and in the interest of your Lordships’ House if the Minister could directly address the comments made by my noble friend Lord Foulkes and the noble Baroness, Lady Hayman, on the difference between legislation that is required by 29 March and that which is necessary. I am somewhat lost as to the distinction.