That this House, in accordance with the provisions of section 13(6)(b) of the European Union (Withdrawal) Act 2018, takes note of the Written Statement titled “Statement under Section 13(4) of the European Union (Withdrawal) Act 2018”, made on 15 March 2019.
My Lords, in repeating my right honourable friend the Prime Minister’s Statement, I have already given the Government’s position on next steps. Therefore, to avoid repetition and detaining the House further, I propose that we move straight on to the speakers’ list for the Motion standing in my name. I beg to move.
I thank the Leader for repeating the Statement. My guess is that it was through gritted teeth, given that we are not leaving this Friday. However, that Statement leaves us no wiser, no more confident and no less ashamed to be led by a Government and a Cabinet unable to lead, to unite, to listen or to put the national interest first.
But first, a confession: 10 days ago, when we were debating the Private Member’s Bill of my noble friend Lord Grocott to end by-elections for hereditary Peers, I noted that I was not here by virtue of the achievements or wisdom of my father. Perhaps I misled the House, because I learned from my much-loved father—and maybe it was his wisdom that, in one way or another, got me here—a tale he told me when I was eight or nine, which has stayed with me. It was about a passing-out parade—he was in the military—where one proud mother, viewing the march, sighed, “What a shame that my son is the only one in step, and all the others have got it wrong”. It does not take much imagination to hear the remaining supporters of our Prime Minister echoing the same: “What a shame that only she is right and all the others have got it wrong”.
Who are the others? They are the Church, business, the CBI, the TUC, the Government of Wales, the people of Northern Ireland, your Lordships’ House and, significantly, the EU, its Commission and 27 leaders of member states. That is quite a roll call to dismiss. The 27 Prime Ministers or Presidents from across the continent are experienced in governing, politics, negotiating and consensus-building. The Archbishop of Canterbury—whose task of uniting 85 million Christians worldwide the Prime Minister has made look like a walk in the park—has launched five days of prayer as we approach Brexit. Business—the people importing and exporting—knows the cold reality of tariffs, non-tariff barriers, checks, delays, transport and handling costs, and also the need for legal, banking and contract certainty. The TUC and the CBI, which we normally call two sides of industry, have quite exceptionally joined together in the light of the “national emergency”, in their words, to warn that a no-deal,
I am very grateful to the Front Bench, particularly as the noble Baroness forwent her speech in the earlier business. Does she not also very strongly commend the extremely important utterance, promise and suggestion by the Labour deputy leader, Tom Watson, at Saturday’s huge march, that no deal, or Mrs May’s deal, should be linked to a people’s vote later on, which would meet the wishes of the noble Lord, Lord Tugendhat, and other noble Lords who want that to happen?
The noble Lord used the words “later on”, so perhaps he could wait until I am later on in what I am going to say.
It is extraordinary that a former Minister could use the words “national humiliation” about listening to elected politicians, and Mr Fox said today that the Government could ignore MPs’ indicative votes if Parliament’s stated choice went against the Conservative manifesto. So there we have it: the Conservative manifesto—that of a Government who failed to win an outright majority—is more important than anything else. Furthermore, the Statement that has just been repeated uses the excuse that, “Well, perhaps the EU will not accept it”, to fail to promise to heed the decisions and the views of MPs. Of course, the Prime Minister may not be able to deliver on what is asked, but surely she should have committed to making that her new objective—either her negotiating aim, or, if it was something else, to do that. It is shameful that the Government refuse to heed the elected House.
We know the dangers of no deal, and so do the Government: that is why that nuclear bunker under the MoD has been reopened, so that the Armed Forces are prepared, while the Cabinet Office is readying itself by working with local authorities, airports and businesses for what will be a calamity, and briefing privy counsellors accordingly. The Government know the risk of that.
I had been about to say that today’s political chaos is completely unprecedented. However, as I see that the noble Lord, Lord Hennessy—our national treasure of a historian—is here and about to speak, I will leave it to him to judge whether this is really the worst political mess that this country has found itself in.
We hear about this best from the people—up to 1 million of them on Saturday’s magnificent march. When I last looked, there were 5.5 million signatures to a petition to revoke, and dissatisfaction with the Government is at an all-time high: just 11% “satisfied”, and 86% “dissatisfied”, a net minus 75% dissatisfaction with this rudderless Government, headed by a Prime Minister with no authority.
My Lords, this is now the 13th opportunity that we have had to debate the Government’s withdrawal agreement. I am sure that all Members of your Lordships’ House hope, like me, that it will be the last.
Since we had our previous debate on the subject, some things at least have changed. The first is that the EU has agreed to an extension of Article 50, which will be widely supported across the House. The way in which this happened, though, is a telling foretaste of how life would be were we to leave the EU. The Prime Minister was allowed into the Council to petition other member states and was subject to lengthy and sceptical questioning. Then, like a prisoner in the dock, she was led from the room to a windowless cell, where she was kept until the verdict on her proposals had been reached. A modest meal was brought in. After a number of hours, the verdict was read out to her and she was allowed to leave. This is the reality of “taking back control”; this is what it would be like, week in, week out, were we ever to leave the EU.
Before leaving for Brussels, the Prime Minister had made her petulant and ill-judged address to the nation. Many in the Commons were angered by her attack on them. What really rankled with me was the statement:
“I am on your side”—
by which she meant the side of the people. But this weekend has demonstrated that she is not on the side of the people.
Noble Lords on the Government Front Bench will no doubt argue that a million people from across the UK on the streets of London, and 5.5 million people signing a petition, are only a fraction of the people. They are technically right. But how many people could the noble Lord, Lord Callanan, summon on to streets in support of the Government’s deal? How many people could the extreme Brexiteers summon up in support of crashing out? We know that Nigel Farage can summon up 200 in a pub car park—hardly the will of the people. We also know that every poll shows a large majority in favour of a people’s vote, and a large majority of them now want to remain rather than supporting either the Government’s deal or leaving without a deal. So when the Prime Minister says that she is on the people’s side, she is, as with so many other things, completely at odds with reality.
I thank the noble Lord for giving way. Perhaps he also heard the phrase in the Statement:
“Unless this House agrees to it, no deal will not happen”.
Does he share my view that that means the Prime Minister is saying that, in the absence of an affirmative decision by the Commons, no deal is now impossible?
That appears to be what the Prime Minister is saying, but it is quite difficult to be certain on that because she does not always—as in this case—speak with absolute clarity, assurance and consistency.
To revert to my previous point, could the Minister in his winding-up statement commit the Government to aim in good faith to implement any decision taken by the Commons? I accept that the Government cannot guarantee the success of every proposal, because some at least would involve negotiations with the EU—but the House would be very grateful to get that assurance.
Your Lordships’ House knows that we on these Benches believe that the only way forward is for a referendum to give the people the chance to decide their future. This is not the cry of a metropolitan elite. It is now the cry of the country. The teenager who got up at 2 am on Saturday morning to travel to London by car and bus from Berwick on the Scottish Borders was marching next to me to protect his life chances from the consequences of a squabble in the Tory party. He spoke for his generation and we must not let him down.
My Lords, I have tried in previous debates to introduce some element of light-heartedness at this stage of proceedings, but it has not been easy, and I am afraid I have rather given up on Aylesbury. I feel rather like the unfortunate passengers who, on a flight today from London Heathrow to Dusseldorf, found themselves in Edinburgh instead. The lack of direction and uncertainty with which we are proceeding makes it extremely difficult for me to feel light-hearted—or, indeed, to say anything useful in this speech.
I am at least in the happy position of speaking in this debate only for myself. I represent no party; I do not speak on behalf of the members of the Cross-Bench group; and to preserve my independence, I do not discuss my views with any of them, and do not try to form any alliances. I am of course aware from previous debates that the views I shall express are not shared across the group. That will certainly become clear as others, much more qualified than I am to speak on this subject, follow me from these Benches. But I know that I am not entirely alone in the view that I have expressed several times in this prolonged series of debates. That is, that the least unsatisfactory way out of the predicament in which we find ourselves is—however hopeless it may seem now—to approve the deal. I believe that the benefits that it offers, in security and so many other fields, far outweigh the disadvantages of that agreement, which are mainly the inevitable consequences of leaving the EU. The political declaration is a different matter. But, unlike the withdrawal agreement, it is a declaration only. It is not intended to be binding, as an agreement is. It is there for discussion, and—with some change of mind, some greater flexibility—perhaps for manipulation, as we move forward.
As of this moment, awaiting what happens in the other place, the position, as I see it, is—looking at the alternatives—quite simple. With the greatest respect to all those many people to whom the noble Lord, Lord Newby, referred, who came to London and marched through the city last Saturday—some of them came from as far away as the Western Isles, I believe—I really do not want us to have to undergo another referendum, whatever the question might be, thinking of the delay and the ill feeling that would inevitably be generated. Any meaningful renegotiation of the withdrawal agreement could not be achieved without a long delay. The EU has made it quite clear that it is not open for quick negotiation any more. The alternative would be to have what I think the Prime Minister referred to today as a slow Brexit, which would result in our having to hold elections for the European Parliament. I think the public would find that very difficult to accept, in view of the result of the referendum.
5:26 pm
The Lord Bishop of Newcastle
My Lords, following the Prime Minister’s Statement in the other place this afternoon, it is clear that we remain in a place of deep uncertainty. We are still asked to note the two dates of 12 April and 22 May, signifying that there are at least two, probably more, very different directions we might still take as a country.
I shall not focus on the choices before us, but I note that, whether by intention or default, we will make a choice—a choice will be made—and, beyond that choice, we have to live together. We are experiencing a time of extraordinary turbulence and toxicity in our political life, and it is how we navigate and respond to that turbulence and toxicity now and in future that I shall address in the remainder of the time available to me this afternoon.
Since taking up the office of the Bishop of Newcastle, I have had many conversations with MPs from the diocese, who range right across the political spectrum. Without exception, I have been encouraged and moved by their sense of public service and their compassion for those whom they serve. They work extraordinarily hard, and they care.
It is deeply disturbing, then, to see that a routine part of the daily working life of an MP is that they and their staff endure verbal assaults, attacks and threats. It cannot be right that carrying a panic alarm is now a necessity for some MPs and that constituency offices and homes are considered as places of risk for them.
It is just under three years since June 2016, when Jo Cox was murdered. As a nation, we were horrified and united in believing that this must never happen again. Yet over the past few months, intimidation and death threats against Members of Parliament, including MPs from my diocese, have become so commonplace that they struggle to secure space in newspapers and on news websites. MPs on both sides of the conversation have been labelled as traitors, as being engaged in acts of betrayal. Anyone coming in or out of this building will have seen the placards and heard the shouting, and often it is women parliamentarians who receive the worst of it.
Whatever the outcome of this week’s events, and whatever choice we make about our future relationship with the European Union, the even more important question is: what kind of democracy and society will we be left with? The former Archbishop of Canterbury —my right reverend friend Lord Williams of Oystermouth —reflected on this with characteristic thoughtfulness in a recent article in the New Statesman. He wrote that,
“two salient aspects of a consistent democracy are that we go on arguing, and that our freedom to do so is protected. The law defends us from coercion and forcible silencing. Without these, we have naked populism, a reversion to the situation where the powerful (in numbers, wealth or status) determine what is ‘right’. Genuine politics gives way to suppressed or threatened violence”.
My Lords, here we go again, debating the same arguments for the umpteenth time—I think the noble Lord, Lord Newby, said the thirteenth—for some very simple reasons, which we may be able to all agree on. But they may be worth repeating, simply because they may shed some light on where we go from here.
Brexit, as we now know all too well, is the biggest political and social challenge that this country has faced since the Second World War. The complexity of the issues and the enormity of what leaving the EU entails means that Brexit is a process that will take much longer than many envisaged and some promised. It has divided our nation from top to toe: the Cabinet, the two main political parties, communities, families. To leave the EU smoothly, we needed to be honest about the scale of that challenge from day one and build a consensus as to the way ahead. The Government needed to negotiate knowing they had the support of Parliament and that they could deliver on what is agreed in the negotiations. Obviously, since the referendum none of this has happened. In part, that is because the UK’s relationship with the European Union has been poisoning the well of Conservative Party politics for decades, and it has fallen to this Prime Minister to make that fateful choice: what matters more to the United Kingdom—trade and access to EU markets, or control and parliamentary sovereignty? Fear of splitting the Conservative Party totally asunder has meant that, years after the referendum, we still do not know the answer to that basic question.
On Brexit, the biggest issue of the day, we do not have a Government to speak of. Instead, we have a collection of individuals grouped into factions; there is no collective responsibility. To say that we have a Prime Minister would, sadly, bestow on Mrs May a level of authority she clearly does not have. I have been saying for months that the Prime Minister is in office, not in power—the last week has proven that beyond doubt—so once again I wearily ask: where do we go from here? Sadly, the options are exactly the same as those we faced 1,006 days ago: we leave with a deal, we leave without a deal or we do not leave. The final option, revoking Article 50, is what the noble Lord, Lord Adonis—I am sorry he is not in his place—is calling for in his Motion. Although I totally disagree with him on this point, I respect and pay tribute to his tenacity and principled stand. Parliament voted to hold the referendum; the public voted to leave; Parliament voted to trigger Article 50; the public voted for Labour and Conservative MPs who promised to honour the result of the referendum. We need to fulfil that pledge.
5:40 pm
20 of 97 shown
“shock to our economy would be felt by generations to come”.
The First Minister of Wales is imploring the Prime Minister to work on a cross-party basis to amend the political declaration, not the withdrawal agreement, and then to negotiate with the EU to adapt the framework. Gibraltar and UK citizens abroad will feel the reality of a no-deal exit in hours or weeks of departure. Your Lordships’ House is staunchly against no deal and repeatedly in favour of a customs union. The Opposition have spelled out our alternative approach and are open to continued EU trade via a customs union and single market alignment. The Commons—the elected Members steeped in their own communities, their businesses, people, trading and academia—are knowledgeable about the realities of a chaotic or ill-designed Brexit. The Prime Minister’s senior colleague Philip Hammond says that a no-deal Brexit,
“would cause catastrophic economic dislocation in the short term and in the longer term it would leave us with a smaller economy, poorer as a nation relative to our neighbours in the European Union”.
But the Prime Minister ignores all these. She continues to threaten no deal and, instead of talking to them, invites to Chequers Jacob Rees-Mogg, Steve Baker, Dominic Raab, David Davis and Iain Duncan Smith—the very people who have been writing her script for two years and now will not support her deal. Oh, and I forgot Boris Johnson, who seems to think we have an implementation period without a deal. No, ex-Foreign Secretary, no deal means no transition period. He does not even understand that—and these are the people who our Prime Minister heeds.
Now, to avoid no deal, we need the Prime Minister to listen to those she has ignored and to amend the future framework, even at this late stage. The FT’s Jim Pickard commented today:
“It’s March 25, 2019 and MPs are about to have multiple votes on what kind of Brexit we might have. If you’d told people this two years ago they’d have thought you were out of your mind”.
We do, however, have a breathing space, the Prime Minister having been thrown a lifeline—albeit just 14 days—by the European Council. It will be only a breathing space, and not a suffocating pause, if we open a fresh approach to our future relationships with the EU, an approach shorn of the Prime Minister’s disastrous red lines. We know that this is possible: Michel Barnier said that the political declaration that sets out the framework for our future relations could be made more ambitious in the coming days, if a majority in the House of Commons so wishes.
The Prime Minister, however, appears bent—we have heard it again just now—on trying to flog her very dead horse. For some of us her deal, which has been overwhelmingly rejected twice by MPs, is the Monty Python parrot. Here we are, however, in the last chance saloon, so our MPs must be heard and their preferences set out. This is in the national interest and is the democratic way forward. Despite the most extraordinary view of the ERG’s Steve Baker, who claimed that “national humiliation is imminent” through these indicative votes—his way of listening to elected politicians—
We have to find a way forward. There are probably five ways out of this. The Prime Minister could try to get her own party behind the deal—I wish her well with that, because it does not look as if she has succeeded so far. She could get the deal changed in the way that I have outlined. It could be that Parliament takes over. It could be that the people take over with a new referendum—or perhaps the people could take over with a general election. However, the Prime Minister’s Statement gave me no confidence that she was willing to rise to this challenge, that she is in charge, that she is willing at all costs to avoid no deal or that she is willing to move to encompass the national interest. We have to wish our colleagues in the other place strength and determination, because it is they who must now grasp the situation and act accordingly.
Until today, however improbable this may seem, the Prime Minister seemed to be a disciple of Samuel Beckett. When it came to her deal, she was following his injunction:
Today’s Statement signals the end of that strategy, and the end of any attempt by the Government to stay in charge of the Brexit process.
The Prime Minister says that she is no longer willing to fail better, and will not bring forward her deal again until it succeeds. If—as she tacitly accepts—this is unlikely ever to happen, she has said that she will provide government time for other options to be considered. But what is unclear is when she will conclude that her deal is dead. Will it be this week? Will it be next week? Will it perhaps be 11 April? Perhaps the Minister will tell us.
It is therefore hardly surprising that Members of another place will vote on an amendment later today that would give them early votes on other options. The Government say that if this amendment succeeds it will upset the balance between the Government and the Commons. But surely her proposal does the same. The Prime Minister accepts that it is for the House of Commons, not the Government, to put forward options for consideration and to determine the procedure by which it wishes to do so. The only difference between the Government’s position and that of Sir Oliver Letwin is one of timing, not substance. The truth is that the Government have thrown up their hands in despair and effectively said to the Commons, “Over to you”. It is the most humiliating abrogation of leadership and government in our lifetimes—but it is long overdue.
The noble Baroness, Lady Hayter, referred to the phrase in the Prime Minister’s Statement that,
“I cannot commit the Government to delivering the outcome of any votes held by this House”.
In response to a question from the right honourable gentleman the leader of the Opposition, the Prime Minister—if I heard her correctly—said that the Government would not feel obliged to follow any decision of the House of Commons that would cut across the commitments made in the Conservative Party manifesto. This seemed to me an extraordinary, dangerous and wholly unacceptable statement, and it is quite possible that I misheard it.
There is also the option of a no-deal Brexit. I agree entirely with all the points made by the noble Baroness, Lady Hayter, about that. It is simply not acceptable, as has been made clear by the other place, and by us too, in a series of votes. Everything must be done to avoid that. The risk is still there. However, the EU, which to our eternal shame has been ahead of us at every stage through this misguided process, has injected some discipline into the shambles at our end. It has thrown us a lifeline. We have been given extra time—but there are conditions attached. Surely everything must be done to ensure that we meet the deadlines that have, in one way or another, been left for us. We must not miss the new deadline, or we will indeed have a no-deal Brexit.
As one looks back, it is remarkable how, every so often in moments of crisis, somebody on the world stage says something that captures our imagination. We can all remember Donald Rumsfeld, shortly before the start of the second Gulf War, and the puzzling images he conjured up with his reference to “unknown unknowns”—things that we do not know that we do not know. Noble Lords may remember Saddam Hussein’s absurdly comical Minister of Information, always in military uniform, who, as the Americans were on the point of entering Baghdad, assured us that it was they who were running away, and that the Iraqi forces had won a famous victory.
Now, surely the prize must go to Donald Tusk. There was his clever reply when asked by an enterprising Irish journalist at the end of last Thursday’s press conference whether that special place should be enlarged to accommodate Members of the other place. Your Lordships will recall his words:
“According to our Pope, hell is still empty—
that must have surprised some people—
“it means that there is a lot of space”.
He ended by saying that, as we know, hope is the last to die. Those words reveal what he is really thinking. Your Lordships may remember that that is a chilling reminder of how people fought off despair during the Holocaust. He might perhaps have chosen another phrase, which your Lordships can find on Google:
“Hope is a dangerous thing”.
Those are the opening words of a lyric by an American songwriter Lana Del Rey. She said,
“Hope is a dangerous thing for … me”,
but let us leave that aside. It is a dangerous thing for us too.
Donald Tusk was right, of course. It seems that all we can do now is hope for the best, as the Prime Minister seems to be doing, but the danger is that if that is all we do as we thrash about searching for something that will command a majority, we will fail to meet the next deadline. His words should act as a warning that this really is our last chance.
My hope is that the other place will back the only deal that is on offer in sufficient time, so that we can leave in an orderly manner on 22 May. If that is not possible, one has to look for the next best alternative, and I am driven to the conclusion that it would have to be to ask for a long extension—with all the consequences. Sadly, that would, in the end, be my position.
This is the chasm into which we are staring. Whatever happens next, approximately half of us will be unhappy and angry. We will need the kind of democracy that protects our freedoms and the values we hold dear. For democracy to be exercised, the space where it is practised—whether in the real world or online—must be kept safe, and those who are called to serve must be protected. This is not someone else’s job: it falls to all of us to call out hatred, abuse, intimidation and threat wherever we see it happening.
The Church is in all communities and has learned how important it is to work across divides with others, of all faiths and none. We understand that reconciliation must be placed at the centre of our life together. Across the diocese of Newcastle we will gather to share our hopes and fears for the coming months, and to pray together. I am encouraging people to light three candles: “One for me, one for my neighbour, and one for our shared future together”.
My friend the most reverend Primate the Archbishop of Canterbury has challenged the Church to ponder how our actions will look a century from now. Will we have stoked tension and hostility, or worked to defuse it? Will we have demonised others with whom we deeply disagree, or called for civility and respect in how we speak about and treat each other? The challenge is to the Church, but all of us could do worse than to ponder these words. Three years ago, it was our privilege, at the request of our local MPs, to open Newcastle Cathedral for a time of prayer for Jo Cox immediately following her death. The huge response from members of the general public was deeply moving, but let that be both the first and the last such occasion.
Putting that to one side, I cannot see how a Conservative Government could possibly revoke Article 50. To do that we would need a general election; or it would require a referendum, which, as things stand, is also impossible to deliver without a general election. The next option is leaving without a deal, which the Prime Minister said continues to be the default outcome. Ever since the last general election, it has been obvious that Parliament opposes no deal. The Government may try to ignore Parliament, but if they do Parliament would surely vote “no confidence” in the Government on an issue such as this. Therefore, no deal likewise requires a general election. The final option is leaving with a deal. The only deal on offer is the withdrawal agreement. That agreement will not now change. The EU’s position is clear: take it or leave it.
In the days ahead, Parliament might agree, via indicative votes, that it wishes to join a customs union or the EEA. But even if Parliament reaches a consensus, I sense the very best that might happen is for this to be reflected in the political declaration, which, unlike the withdrawal agreement, is not legally binding. Parliament will still have to vote for the withdrawal agreement and put it into law. Furthermore, if the other place votes in favour of a Motion that the United Kingdom should join a customs union, and possibly the single market as well, to implement it would break Conservative manifesto commitments and would appear to require the support of Labour MPs. Is the Prime Minister willing to do that? Are she and her Cabinet willing, as I have urged before, to bridge the party divide to deliver Brexit?
Such a prospect may seem fanciful, until one remembers the point I began with: Brexit poses the biggest political and social challenge this country has faced since it fought a world war. Put like that, is it so peculiar to consider that we should come together, put party interests to one side and work together to leave the EU? At what point does the need to end the uncertainty and to leave the EU with a common approach trump party allegiance and manifesto commitments? To me, it is clear that, after 1,006 days, if we are to leave the European Union, we cannot and must not go on as we are.
If this withdrawal agreement is rejected again, and if, like me, you believe we should leave the EU—as 17.4 million people voted to do—then the Government and Parliament must build a consensus regarding what we want to achieve. If we cannot do that, we need a new Parliament. We cannot continue to debate these issues with extension after extension to the negotiations.
Let me end by saying this. Even if the withdrawal agreement is passed this week, we will still need to build that consensus as to our future relationship; otherwise, we will spend the foreseeable future trapped in the agony of this interminable debate, which is corroding trust in Parliament and undermining confidence in the economy. On an issue of such enormity as our leaving the European Union—an issue which will shape our nation’s future for generations to come—a House divided cannot stand.