European Union (Notification of Withdrawal) Bill

Viscount Ridley Excerpts

2nd reading (Hansard - continued): House of Lords
Tuesday 21st February 2017 Lords Chamber

[Viscount Ridley (Con)]

My Lords, I declare an interest as a beneficiary of the common agricultural policy.

The British people have decided to leave the European Union. The Commons has passed this Bill unamended. We, in this House, pride ourselves on scrutinising and revising Bills, but what is there to scrutinise? What is there to revise? This is a two-clause Bill. It is not our job, as my noble friend Lord Lang said yesterday, to adorn legislation. If we amended this Bill, we would be adding to it. This is just about all there is to say on the matter.

However, listening to all the doom and gloom in this debate, I am reminded of what Woody Allen once said,

“mankind faces a crossroads. One path leads to despair and utter hopelessness. The other, to total extinction”.

We must, he said, make the wise choice.

That, all too often, is how we have been talking about the future. Being a rational optimist, let me take just a few minutes of your Lordships’ time—less than six, I promise—to strike a note of hope. You might call it “project cheer”. I will start with why I, for one, am surer now than I was on 24 June that the British people have done the right thing. Voting to leave the EU last June has had precisely the opposite effect to what project fear told us would happen. Instead of an emergency Budget and an immediate and profound shock to the economy, a loss of confidence, a drying up of inward investment and a collapse in the stock market—all of which were promised if we voted leave—we have seen an acceleration of growth, now the fastest in the G7. There have been record highs on the stock market, votes of confidence from Apple, Google, Siemens, Nissan, Snapchat, McDonalds, IBM and many other companies. There has been a manufacturing revival, a narrowing of the trade deficit as exports pick up, thanks to a welcome devaluation of the pound, and the humiliation of economic forecasters at the IMF, the Bank of England, the Treasury, the European Commission and elsewhere.

I know that it is early days but to those who say that we face disaster when we actually leave, I say: project fear having failed last year, such warnings cut even less ice with the British public now. Besides, we are rarely ambitious and positive enough about our future. Leaving the exchange rate mechanism in 1992 proved a turning point, not a catastrophe. Staying out of the euro turned out to be a triumph, not a trauma. Moreover, it is becoming clearer by the day why the European Union is stagnating while the rest of the world grows and why so many EU countries have had a lost decade, while some African and Asian countries have doubled the size of their economies. The centralised, top-down dirigisme of Brussels is stifling innovation at the behest of big companies, big bureaucracies and big pressure groups. The Brussels system is hamstrung by an overzealous version of the precautionary principle that is too pessimistic about future possibilities, too complacent about present systems and too convinced that bureaucrats know better.

From the Reformation to Napoleon’s continental system and after, this country has throughout its history done better when it looked outward to the world more than inward to the continent. We are an island, not a peninsula. Perhaps in the 1960s, it was just about understandable that we should try to retreat inside a tariff fortress to get access to a single regulatory zone. But today in the age of container shipping, budget airlines and the internet we have a global language, we are a science superstar, we have immense soft power, we have championed free trade for generations, and we have lent the world our systems of law and finance, of medicine and technology, of ideas and discovery.

Finally, in Theresa May we have a Prime Minister who intends Brexit to be a global, outward advance not an isolationist, defensive retreat. Now I know there are those on the other side of the referendum divide who say that we globalists won the referendum only because we were supported by people with a darker agenda who wanted to pull up the drawbridge, go back to the 1950s and stop all immigration, not just control it. We are told: “What have you unleashed? Are you sure you know how to ride the tiger of populism?”. I say to those who take this view: look at what the Government say and what they do. It is run by the globalists, not the isolationists. If you want to strengthen their hand—our hand—and make sure the globalists get their way and not the protectionists, then come on over and join us. Bring as many of the 48% as you can and we will bring as many of the 52%. To echo what my noble friend Lord Cormack just said, together we can build an unassailable majority for an outward, confident and ambitious country, trading and thriving, inventing and discovering, leading and enlightening the world as never before. This is a great country with a great history, but we have hardly started.

European Union (Notification of Withdrawal) Bill

Viscount Ridley Excerpts

Committee: 1st sitting (Hansard): House of Lords
Monday 27th February 2017 Lords Chamber

[Lord Empey]

My Lords, the noble Lord, Lord Newby, is one of the most distinguished Members of this House. I gently say to him that I do not think that I have heard him defend an argument in such threadbare circumstances. We have sometimes been lectured on the fact that we have a representative parliamentary democracy. Now we seem to have developed referendumitis. What about the implications of this proposal for Scotland? What would it do to the Scottish nationalist argument? We said that we were having a referendum for a generation. This would open the door to the argument, “If they can do it for Europe, they can do it for us”. That is the second time that that has been mentioned today.

The ball was dropped, if dropped it was, when the referendum Bill came to this House. That was the opportunity to put in a back-up clause to say that we would put it to the test at the end. Speaking for those of us who have had referenda—in our case, the border poll in the 1970s, on the Good Friday agreement in 1998 and the potential for another one—if we are going to do this on an ad hoc basis to suit a party management situation, or a bright idea someone happened to come up with, we will destabilise the whole constitution of the United Kingdom. I caution Members on this. The time to fix this was when we started it. We should have put it in the Bill. If I recall, this House was silent when it came to that question in the Bill. That was the opportunity to do it. The question asked was amended by the Electoral Commission, if I recall correctly, which produced the clarity in the question. There was no caveat or qualification.

If we send Ministers to Brussels to negotiate with Michel Barnier and so on—

[Viscount Ridley (Con)]

Further to the point that the noble Lord is making, I remember spending long hours discussing the referendum Bill in this place. One of the things that we particularly discussed was the need to make sure that this was a decisive result that was accepted by the losing side as well as the winning side. Those of us who then went into the campaign with all sorts of disadvantages because of the Government’s ability to spend and so on were none the less just about content that, if we lost, we would be able to accept the result. The other side appears not to have come to that conclusion.

European Union (Notification of Withdrawal) Bill

Viscount Ridley Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 1st March 2017 Lords Chamber

[Viscount Ridley (Con)]

The noble Lord talks about fear and anxiety but does he agree that what we have heard this afternoon—the inflaming of the fears of these people—has come from only one side, including spurious mentions of the edict of Nantes and Idi Amin?

[Lord Oates]

My Lords, no, I do not agree with the noble Viscount for one moment. These are fears expressed to me and to noble Lords across the whole House. They are not manufactured; they are real and present, and the Government need to address them.

The Home Secretary claims in her letter to us that a unilateral guarantee to EU citizens resident in the UK would cause uncertainty for British citizens in the EU. As the noble Lord, Lord Hannay, pointed out, that is not the view of the many groups representing British citizens in the EU that have written to me and have published a statement today. Not only do they accept the need for a unilateral guarantee but they have strongly urged it on me and, I am sure, on other noble Lords. Far from causing uncertainty, they believe that it would provide them with reassurance.

During the debate on this Bill, there has been a lot of discussion about who said what in the referendum campaign, but no one disputes that the leave campaign claimed that the rights of EU and British citizens resident in other countries would not be affected. That is what they said; they also said that to state anything else would be scaremongering.

Since the vote to leave, politicians from across the political spectrum have been clear that we should unilaterally state that we will protect the rights of EU citizens here. A prominent leave campaigner, the noble Lord, Lord Howard, spoke earlier. In evidence to the Justice Sub-Committee, he made it clear that that should be the case, at least as far as residence and rights to work and study were concerned. He said that he did not think we should,

“wait for any question of reciprocity”.

The noble Lord, Lord Cormack, rightly advised the Government—some months ago, I think—that they should lead by example. He has taken a clear, principled stance on this issue throughout, as have many noble Lords in this House, including the noble Lords, Lord Bowness and Lord Hannay, my noble friend Lady Ludford and the noble Baroness, Lady Hayter, who moved the amendment—noble Lords of all parties and none, remainers and leavers alike, because this is not a partisan issue; it is a question of principle.

Doubtless the Minister will tell us that this Bill is not the place to concern ourselves with such principles, but it is the only place. It is our one opportunity to send a clear signal back to the elected House that we regard the principle of protecting the rights of EU citizens resident here and British citizens resident in the EU as a matter of honour for our country, and, in doing so, to show that we have heard the distress and anxiety of millions of British and other EU citizens, and that we have been prepared not just to offer warm words but to act.

European Union (Notification of Withdrawal) Bill

Viscount Ridley Excerpts

Report stage (Hansard - continued): House of Lords
Tuesday 7th March 2017 Lords Chamber

We simply do not know what will be the result of the negotiations. Nor do we know what the situation will be in two years’ time. It may be that adverse consequences have emerged from the expectation of leaving the European Union—it may be that they will not. I do not know. I do not think, therefore, that it would be appropriate now to commit to a future referendum, nor do I think we can be sure how we would interpret the result of such a referendum.

[Viscount Ridley (Con)]

I wonder whether the noble Lord has picked up his notes for the wrong speech. He seems to be talking about a second referendum.

[Lord Turner of Ecchinswell]

I am going to come very shortly and briefly to why I think these arguments mean that we should have a parliamentary debate. I do not think it would be appropriate to commit now to a future referendum, because I do not think we can know now what the meaning of a no vote in a future referendum would be. Would it be a vote against a result that was too soft or too hard?

--- Later in debate ---

[Baroness Kennedy of The Shaws]

In reaching that decision, the Supreme Court laid out the principle that the reason why it was engaging with the case at all was not because it had a view on Brexit but because of the constitutional principle. The principle is very straightforward. It is that when it comes to our rights, Parliament makes those decisions. That is why when the process comes to the end and there is a deal on the table it has to be voted upon by Parliament but, if there is no deal, that too becomes an issue. It is not good enough for Ministers of Government to say that we just walk away as though that has no consequences. Walking away also has consequences for the rights of citizens in this country. That is why it is a matter for Parliament. That is why this proposed new clause is so important.

[Viscount Ridley]

The noble Baroness said at the beginning of her remarks that this is a notification Bill, not an authorisation Bill. Will she therefore explain what an authorisation amendment is doing in a notification Bill?

[Baroness Kennedy of The Shaws]

At the end of the process, there is going to be a need to come back before Parliament. That has been acknowledged by the Prime Minister and other Ministers and I understand that an undertaking has been given. Like the noble Viscount, Lord Hailsham, I believe that having it in statutory form is the best way for us to know exactly what is on offer, but I have heard repeatedly from Ministers that the option of walking away involves no need to come back before Parliament. I asked the question directly of the Minister, the noble Lord, Lord Bridges, and I have heard it said by other Ministers in Select Committee. All I am saying to this House is that that is why this amendment is so important, even if no negotiation deal comes back before Parliament because no deal means WTO and WTO has implications for citizens of this country with regard to their rights.

--- Later in debate ---

[Baroness Altmann]

My Lords, I preface my remarks by expressing my belief that speaking in favour of any amendment to the Bill does not amount to trying to frustrate the referendum result or to deny the will of the people. I respect the result, and we are trying to implement it as responsibly as we can in the interests of our great country.

The referendum was about taking back control and ensuring parliamentary sovereignty. That is vital to safeguard our democracy and protect our national interests. The people want to be able to trust our Parliament to look after their future. But in the context of the Bill, it seems to me that Parliament is in danger of abrogating its responsibility.

I have heard the arguments to suggest that parliamentary oversight somehow makes it inevitable that the EU will only offer us a bad deal. However, I respectfully disagree. Indeed, I believe that the likelihood is the other way round. If the negotiators and Ministers know that at the end of the day they will have to sell this deal to Parliament, I believe they will be properly incentivised to be more likely to achieve a deal that is acceptable.

As currently proposed, the Bill will effectively hand responsibility for our future to a group of negotiators and Ministers who apparently countenance with a measure of equanimity the idea that no deal is better than a bad deal. If we enter negotiations with a view that the EU will not give us a good deal and that we will just have to leave the single market, the customs union, Euratom and so many other fundamental parts of our current economic security, then we must surely ask ourselves whether those negotiators will be sufficiently incentivised to actually get a good deal for the country.

A no-deal scenario was never put to the British people. The White Paper and the referendum campaign have not considered the consequences either. Leaving the customs union, the single market and Euratom are recent decisions with significant implications for people’s jobs, for standards of living, for national security, for the nuclear industry, for Northern Ireland and so much else. Yet the risks have been skirted over, almost as if they do not really matter. They do matter. In normal negotiations, corporate negotiators would reserve the option of taking an offer back to their board; a lawyer would reserve the option of referring back to their client.

[Viscount Ridley]

Will my noble friend explain how what she is saying now squares with what she said at the start of her speech about not challenging the result of the referendum?

[Baroness Altmann]

I am not challenging the result of the referendum. We are here to debate and discuss how best to safeguard the interests of our country and to discuss what might happen at the end of the negotiation, in light of the referendum, to make sure that we have parliamentary sovereignty. That is what this debate and this amendment are about. Why would we deny Parliament, the heart of our democracy, the authority to approve or push for a better deal, rather than accepting no deal without a proper say? This parliamentary route, giving Parliament, not the Executive, a meaningful final vote is my preferred option, not a referendum. Such a safety net, written into statute, would seem to me to be the most responsible course to take as we negotiate our EU exit.

I believe it is my duty, given the very serious concerns that I have expressed, to ask the other place to reconsider the need for elected MPs to take responsibility for the future of their constituents. I believe that they must have the final say on the Bill and I want to ask them to think again.

--- Later in debate ---

[Lord Tugendhat]

My Lords, as the House knows, I speak as one who very much regrets the result of the referendum but who now feels that we must put it behind us and work to create the best possible relationship we can with the European Union. I feel that this amendment muddies the waters. I remind the House of the words of that very wise woman, George Eliot, who said:

“Among all forms of mistake, prophecy is the most gratuitous”.


The amendment goes down the road of prophecy. We can have no idea how the negotiations are going to unfold. Personally, I feel more optimistic about them than some people but we can have no idea how they are going to unfold or what the parliamentary situation or the situation in the European Union or anything else will be in two years’ time.

We can be certain of only one thing, and that was the point made by my noble friend Lord Howard. Generally speaking, my noble friend and I disagree on matters relating to Europe but he is quite right that the Government will stand or fall by the way in which they conduct these negotiations. Whether or not there is a deal, the House of Commons will pass judgment on the Government’s performance. It will either support the Government or reject them but either way, its will will prevail. That is a very simple matter. The amendment would put in place a complicated structure which would make it very much more difficult for the House of Commons to assert its authority. I quite understand that the purpose of the amendment is to enhance the authority of Parliament but its effect would be to diminish the capacity of the House of Commons to hold the Government to account. For that reason, I hope very much that the House will reject it.

[Viscount Ridley]

My Lords—

[Lord True]

My Lords—