That this House, for the purposes of section 13(1)(c) of the European Union (Withdrawal) Act 2018, takes note of the negotiated withdrawal agreement laid before the House on Monday 26 November 2018 with the title Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and the framework for the future relationship laid before the House on Monday 26 November 2018 with the title Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom.
Relevant document: 24th Report from the European Union Committee
My Lords, before we commence the adjourned debate, I observe that we have a lot of business to get through today, and I respectfully remind contributors from the Back Benches that the advisory time limit is six minutes. With the greatest of gentleness, I point out that when the clock shows “6”, this has a certain significance: it means time is up.
My Lords, as we embark on the third day of our deliberations, and the House of Commons approaches its penultimate day, I think there is not a single Member of your Lordships’ House who would not agree with the Prime Minister’s comment today that we are in uncharted waters. I would take that analogy further and say that the ship of state is at the moment adrift in a dangerous sea, with storm clouds building and with some dangerous rocks around.
If I talk about dangerous rocks, I refer noble Lords to today’s copy of the Times: just look at the stories of the world in which we live. We have President Trump threatening to devastate the Turkish economy if they invade the Kurds. We have the al-Qaeda affiliate that has now occupied or is moving on Idlib and taking over that province, so that threat has reappeared on the scene. We have the continuing drama of the Sunni-Shia conflict and the conflict in Yemen, which so tragically continues, and the continuing drama involving Mr John Bolton, who is reported in the Times today to be considering that the United States might bomb Iran, in retaliation for an attack that it thinks was carried out on US facilities in Iraq.
At the same time, closer to home we have the rise of the far right. We have the AfD party in Germany, which I see has already decided to adopt the policy of abolishing the European Parliament and is considering whether to launch in its election campaign, for the upcoming European elections, a policy of Dexit—which I suppose stands for Deutschland exit and Germany leaving the European Union.
The instability all around could not be greater. It has coincided with the shutdown of the American Government. Many of your Lordships will have received an email today, as I did, to say that the US minister counselor in the US embassy is unable to come to the House today because, while the shutdown goes on, she is not now allowed to interact with public meetings. Presumably, the great diplomatic scale and force of the United States around the world at the moment is pretty well paralysed.
My Lords, I do not think that is for me to do, but no doubt my noble friend Lady Hayter will comment on what the noble Lord has said. He knows that I have huge respect for him. I want to touch on the legal issues, I am afraid, as I did when I spoke on 5 December.
The principal point I made then was that the so-called temporary arrangements could not be relied upon to be temporary under the wording of the withdrawal agreement and political declaration. No amount of aspiration that the Northern Ireland backstop would be temporary could achieve that without an actual change to the legally binding language of the withdrawal agreement, and the only way of changing the effect of the legally binding withdrawal agreement was by another legally binding agreement or amendment. Despite the Prime Minister’s pilgrimages to Brussels, no such legally binding agreement, or amendment to the withdrawal agreement, has come about. Further warm words of aspiration will not change the position.
As I said then, noble Lords may be prepared none the less to rely on those expressions of hope and take the risk that in the end it will all be all right. I also said that for myself I did not believe that comfort could be taken from legal arguments—for example, about the best endeavours obligation and the arbitration arrangements. I need not elaborate further on those arguments, which are set out in the speech I made. Nothing has changed, in my view.
There is, I suspect, a new argument to be advanced by the Government that reliance can be placed on Articles 60 or 62 of the Vienna Convention on the Law of Treaties. As to Article 60, under which a treaty could be terminated for “material breach”, precisely the same problem arises from proving a breach of the general good faith obligation, particularly when that obligation is qualified—a point I did not make before—by the following words:
“and in full respect of their respective legal orders”.
My Lords, soon after the referendum, a number of my colleagues from across the House and the other place and I received a courteous and timely invitation to a lecture at the Norwegian embassy. Delivered by a young professor, it was about the lessons learned by Norway in negotiating with the European Union as a third party. The professor talked about around eight principles, but I remember this one best: he said very clearly that European Union member states were never unified on what they discussed and agreed among themselves, but when it came to dealing with third parties, there was always total unity, which never changed. Among many others, that seems a lesson that the Government should have learned during the past two years of negotiations.
A key lesson is that 16,141,241 people voted to remain but were written out of history and out of any interest from the Government almost immediately. Today, that is still the rhetoric of the Government. They have done absolutely nothing over the past two years to bring this country together. It required a private citizen and the Supreme Court, not Parliament, to get us all involved in the Article 50 process. We saw highly questionable ministerial appointments to the Foreign Office and DExEU, both individuals having now resigned and given up on the course on the way through. We know that when we used Article 50 to serve notice to the European Council, we had no plan whatever, just a number of red lines written down, which very much restricted future negotiations. We agreed immediately the schedule of proceedings for the agenda during that Article 50 period, which we are still in; without question, that put us at an immediate disadvantage. We still hear loose language, the most recent example of which described EU citizens of this country as “queue-jumpers”; I find that inexcusable and disgraceful. We have had two years of an elite EU team, as seen on the world stage, versus a shambles of amateurs. That is how this is seen across the globe. It gives me great grief as a proud European citizen of this country.
My Lords, I am pleased to follow the noble Lord, Lord Teverson, and I agree with much of what he said. This is obviously a crucial moment for the outcome of this negotiation. It matters a lot to this country, and it matters a lot to this House. The delay in December was neither justified nor wise, compressing as it did a significant number of consequential decisions into a short space of time. But, alas, procrastination has marked the Government’s handling of this negotiation from beginning to end.
It is not for this House to determine the outcome. That is for the other place. But it is necessary that we should express a view—we should have our say. Merely taking note of a deeply flawed and deficient deal which the Government propose to this House would be hardly fitting.
The Prime Minister tells us that this is the best deal we will get. She may be right, within the parameters of those infamous red lines, which she imposed without any authority from the Cabinet, from Parliament or from the 2016 referendum. If you exclude continued membership of the customs union and single market from the outset, and you continue to demonise the European Court of Justice, that is what you get—and a pretty poor thing it is. Moreover, you get the backstop. I have now had two letters on that from the Leader of the House, for which I am most grateful, which seek to reply to my question as to whether anything that has been said since the Prime Minister reached agreement on the deal has actually caused the Attorney-General’s advice—that we cannot exit from the backstop unilaterally—to be varied.
The key phrases are now set out in the exchange of letters and the Attorney-General’s advice. The Juncker-Tusk letter says that,
“we are not in a position to agree to anything that changes or is inconsistent with the Withdrawal Agreement”.
Like others, I return to the scene of the accident to discuss this deal. I do not think that I imagined hearing the Secretary of State for International Trade on the radio this morning say that it was the “least damaging” way of leaving the European Union. I thought that it was a pretty spectacular example of how to pay a compliment.
I will make two points about assurances and two points about threats. I have no difficulty accepting that the backstop is temporary—or that “temporary” is a word in every known European language. I am sure that we can find ever so many examples of the President of the Commission and the President of the Council smothering the word “temporary” in warm milk and honey. That is not really the point. The point was made with pellucid clarity during our aborted debate before Christmas, when my noble friend Lord Howard pointed out that under Article 50 we have the unfettered ability to leave the European Union, but we cannot leave the backstop without the agreement of 27 members of the European Union.
The second assurance touches on that. We are told that we should not worry about the future because everything is taken care of in the political declaration. However, the political declaration is a bucket list. If you look up “bucket list” on the internet, the first thing you get is “abseiling down a waterfall”. At least that is not in it, but everything else we could conceivably want is put into that bucket list—with no guarantee that any of it will be deliverable.
The noble Lord, Lord Krebs, made a remarkable speech before Christmas about the future of research and science if we leave the European Union under any terms, even with the backstop. There are no guarantees about what will happen to our research community and to universities in the future. That is why all the university leaders have written to us expressing their grave concern about what is happening.
My Lords, leaving the European Community after more than half a century of membership is clearly an enormous and testing task and, as noble Lords have already indicated, the Government are scarcely showing themselves up to it. I am grateful to the noble Lord, Lord King, who indicated that we do this in the context of an international situation in which there are many shocks so that we are bound to find it difficult to make progress on certain aspects of international relations. Getting new trade treaties in this context is fraught with real problems. We all recognise that many international powers are talking rather more about protective tariffs than about opening up fresh opportunities for trade with the UK and economies like it. The challenge of coming through this process with any degree of success is enormous.
As a Treasury spokesman for my party in normal circumstances, I intend in this debate to concentrate on economic issues. At the end of the day, our fellow citizens look to Parliament and the Government to provide a context in which they can work successfully, earn what they are entitled to earn and get rewards from the economy. The great danger is that the Government are pursuing a strategy which puts that in doubt. I recognise that economic forecasting is much disparaged in many quarters, but we cannot discount the significance of so many sources of serious economic analysis which demolish the case for no deal. It should never have been on the agenda. The Government have a bounden duty to make sure that we do not leave the European Community with no deal. Sources that identify just what that would mean include the Governor of the Bank of England, who said that if there is no deal the country will suffer as much in the next decade as it has in the period since the great global financial collapse.
The search for no deal is the Prime Minister truckling to the small group of die-hard right-wingers in the Conservative Party who see some vista of great achievement the moment we are free from Europe. They turned their position in the rigid red lines which made it so difficult for the Prime Minister to achieve any reasonable deal with Europe. We may be the fifth-largest economy in the world, but we have considerable programmes at home at present. We can ill afford putting at risk some of our outstanding existing opportunities. I point out the obvious issue: we have played quite a considerable leadership role in the service industries in Europe, as we would expect, given our expertise and the significance of the service industries to our economy, but there is nothing in the proposals which are emerging under the Government’s scheme for any progress in that area.
3:44 pm
Baroness Boothroyd (CB)
My Lords, I cherish my European citizenship and regret its loss when or if—dare I say it?—Brexit becomes law. I identified myself as a British patriot and a European when I went to Berlin and other war-torn cities on the continent with little more than £5 in my pocket at the age of 17. I stayed with social democrat families who welcomed me into their homes. Europe is part of my DNA; it transcends treaties and bureaucracy.
For a time, I sat in the European Parliament, but preferred Westminster. This is not the first time that the Tory party has torn itself apart on this issue. As Speaker of the Commons, I watched the Tory party tear itself apart during the Maastricht debates. I feared the worst when David Cameron allied his party with the far right in Strasbourg and even more so when he caved in to his right-wingers and media pressure by calling the 2016 referendum. He thought he would win but has said since that he did not mind losing. I did mind.
Theresa May, whose tenacity commands respect, has been struggling to keep her party together ever since. Her Government stumble from one expediency to another, unimpeded by a dithering leader of Her Majesty’s Opposition whose only consistency is evasion. The noble and learned Baroness, Lady Butler-Sloss, was right the other day when she related the current drift and national crisis to the period of 1940, but there is a major difference. At that time, the leader of Her Majesty’s Opposition gave leadership. He carried his parliamentary party with him and people in the country knew of his commitment and supported it—that is the difference.
I am not a devotee of referenda. I rather enjoy general elections, but general elections are not single-issue events—they cover a host of issues. A general election is not the way to settle the European question. After two years, we are now more aware of the minuses and pluses and the people must determine this single issue. I urge Back-Benchers in the Commons to reject the pretences of Ministers who say—I quote Dr Fox, the International Trade Secretary—that a second referendum would put us in,
“unprecedented territory with unknown consequences”.
We have been wandering in the wilderness since Mrs May lost her majority in the election. I wonder how high Dr Fox was flying when he dreamed that one up. In my book, if a democracy cannot be allowed to change its mind, it ceases to be a democracy.
When the Minister winds up, will he say what the Government are afraid of in refusing a people’s vote? In answering that question, will he please explain to young people who have reached adulthood why they do not have the right to be heard on an issue that our generation has manifestly bodged? Brexit will shape these youngsters’ futures for the next 50 years—not ours. I have no children or grandchildren; my quality of life will not be affected. I am all right, Jack. But what about the Jacks and Jills out there? Are they to be stripped of their rights on the whim of those who peddled rubbish in the referendum and are afraid to be challenged in another?
3:51 pm
The Lord Bishop of Lincoln
My Lords, I am honoured to speak after the noble Baroness—honoured and a little daunted. This is the first time I have spoken on this issue. I therefore want to say something about my context of Lincoln and then consider what a Bishop might usefully add to this debate.
As your Lordships know, Lincolnshire is one of the parts of the United Kingdom that voted most emphatically in favour of the UK’s withdrawal from the EU, with 66% voting to leave. I have thought hard about why that should be the case. There are the obvious reasons—the tip of the iceberg, if you like. Nationally, these would be described in terms of sovereignty and immigration. We who live and work in rural Lincolnshire are prisoners of our geography. The countryside comprises a series of sparsely populated settlements, disconnected from each other, where you learn to fend for yourself.
However, we are also heavily influenced by our history, in which, over the centuries, external forces have sought to take control of our land and laws, sometimes against our best interests. Over the centuries, people have come to demand money with menaces, to conquer, to trade, to work and, in more recent years, to seek refuge and a better life for their families. Sometimes the people of Lincolnshire have fought back; occasionally we have even grumbled; but most of the time, as a generous people, we have gone with the flow of all this and adapted.
But then there is the part of the iceberg under the water. There has been an international rise in populism playing on fear, with its accompanying narrative of the purity of what it means, in our case, to be British or English. There is also a naive view of democracy as plebiscite: “the people have spoken”. You do not need to be a polling expert to understand that people vote in elections and referendums for a variety of reasons—some noble, some flawed. The questions in the lanes of Lincolnshire—I was in a fen village near Holbeach last Sunday—appear to be: “Why is it taking ‘them in London’ so long to sort this out?”, and, from some more nuanced people, “Why can’t we explore some kind of compromise to get this done?”
I have heard almost all the speeches in this debate and am grateful for their differing perspectives. I have heard quite a lot of rhetorical certainty when we really know that the situation is extraordinarily complicated and confusing. Over the years the Church has learned and is learning, sometimes quite painfully, to manage diversity and difference, and it does so by recognising the compromised nature of our institution. I hope that the most reverend Primates in front of me will forgive me if I say that this side of heaven, the Church is not perfect.
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To top it all, we also have reports from a new activity, of which I had never heard, called Redfish, which appears to be a Russian-sponsored invasion of social media. Using the ignorance of those people taking part in it, Redfish promotes damaging videos and YouTube presentations that are watched by anything up to a quarter of a million people. It is, presumably, a re-creation of what actually happened in the US presidential election and also, I dare to suggest, in our own referendum campaign—namely, of Russian interference and trying to achieve their own policy objectives in that way.
At the same time, we move against an unchanging background of mass migration of people and the threat of climate change, which raise enormous challenges. Against such a background, it seems to me that it is a matter of urgency for this country no longer to be lost and uncertain and failing to give the leadership that we should to our own people and to our country. We need to come together to resolve Brexit.
Everybody will know that I am a remainer. I believe that the outcome of the referendum was a tragedy, but I do not believe that it is possible to go back now. Europe has moved on. We wanted a larger, but looser, Europe. It is not looser; it is enlarged, but it has continued to try and run in the same centralised way as before. There is more majority voting. We would be stuck with the freedom of movement, and I believe that, if we did try to go back, we would be under pressure to join the euro and Schengen as well.
I look across the Chamber and pay tribute to the noble Baroness the Leader of the Opposition. She made a very good opening speech and managed to criticise everything that we are trying to do. We know that the Motion that she has tabled says that the Opposition are against no deal and against this deal. We wait to hear what they are in favour of—because there is of course a complete silence. That was cleverly and accurately identified by Mr Andrew Marr in the programme with Mr Jeremy Corbyn yesterday. Mr Corbyn was calling for an election, and Mr Marr immediately said, “Well, if you have an election, what are you putting in your manifesto about the issues over Brexit?”—to which there was a deadly silence.
There is plenty to criticise in the proposed deal. Anybody can find difficulties and issues that do not entirely meet the objective. However, overall, the main objectives have been met. When we discussed this in the days before, in the debate that was truncated, it was the worry about the permanency of the backstop that seemed to concern most people. There have been improvements on that, and perhaps we will hear a further Statement later today that will help to clarify that.
I want to make one point, in advance of my noble friend leaping to her feet. It is simply this. The best speech I have heard in these debates was made by the most reverend Primate, whom I am delighted to see in his place. He said that we have a moral responsibility. Of course it is right that the other place has to take the decision, but we have a moral responsibility to advise—and this time we want to go forward as a country. Too much anger and too much hatred have developed over this. We need to resolve this matter now. We need to respect the majority decision, but we need respect for the minority as well. I hope that those on the Benches opposite will see that the opportunity to come together, agree a deal and go forward is in the national interest. I hope that the noble and learned Lord, Lord Goldsmith, will pick up that opportunity.
Nobody has explained quite what that means, but to me it would mean that, so far as the United Kingdom is concerned, the respective legal order of the United Kingdom is that Parliament’s will must be followed, and in the European Union it is not much different so far as the European Parliament is concerned. That seems to be an additional reason why it would not be possible to say that good faith had not been followed in the negotiations.
As to Article 62, under which a treaty might be abrogated by,
“a fundamental change of circumstances”,
it is clear that the entry into force of the backstop can hardly be described as a fundamental change of circumstances, as it is expressly foreseen and envisaged in the withdrawal agreement. That is not what “fundamental change of circumstances” means. That is very clear.
Today we have seen the letter from the two Presidents—President Juncker and President Tusk—and the letter from the Prime Minister. I do not see them changing the legal situation on the backstop; nor, I see from the Attorney-General’s letter, does he. He says in paragraph 2 that,
“they do not alter the fundamental meanings of its provisions as I advised them to be on 13 November 2018”.
Your Lordships will have seen that very clearly.
The letter from the Presidents does repeat warm words. It also repeats—this is most important—the legally correct statement that if the backstop is triggered it would apply,
“unless and until it is superseded by a subsequent agreement”.
Those are really important words. They mirror precisely what is said in the withdrawal agreement, in particular the final sentence of paragraph 4 of Article 1, and much reliance was placed on that, rightly, by the Attorney-General in the letter that the House has seen. That is the fundamental point. The position is that, unless and until a subsequent agreement takes place, the backstop will continue to exist. It may be that a political agreement can be reached. That is not the point that I am dealing with.
It is clear, of course, that the EU was pressed to give Mrs May something, but this is the best it has produced, and it says more by what it does not say than by what it actually says. Only a new agreement at the end of the discussion on the political declaration will bring the backstop to an end. That is what I wanted to say about the events that have taken place since we last debated this issue.
I want also to mention briefly the other legal topic, which has been touched on in previous speeches to some extent, which is in relation to issues of justice and security. On security and criminal justice, reference has been made already, for example by my noble friend Lord Browne of Ladyton.
But so far as civil justice is concerned—and commercial matters—there is much less. As the House has already been told, there is nothing in the political declaration that calls for co-operation in that field. Nor will it be a solution, in the critically important area of enforcement and recognition of judgments, to rely on the Lugano treaty. I could explain the detail of that but, essentially, there were difficulties in and problems with the original Brussels convention, including the rather charmingly named Italian torpedo—not a form of sandwich, as many may think—it gave rise to. That was fixed, but not in the Lugano treaty.
Finally, I refer to the absence of any real provision in relation to legal services. I declare an interest as a practising lawyer and a member of a firm that practises across boundaries. The arrangements that there are in relation to legal services in future are far from satisfactory.
I want to get on to the question of where we go from here if this agreement is successful. We hear a great deal from industry about certainty. My unshakeable view is that, as we move into a transitional period—if we do so—there will be even greater uncertainty. We originally had 21 months, which the Government agreed with no question whatever, even though there is no chance of an agreement on that timescale—it could be 33 or 45 months under the withdrawal agreement. Let us remember: the Korean agreement took eight years; the Canadian agreement took eight years; the Japanese agreement started in 2013 and has still not been implemented; the United States deal could not be agreed. Only Greenland’s withdrawal from the EEC was agreed in a period of some three years, and was far less complex than anything we are going to enter into.
It will be complex because our agreements will include, I hope, services, security, data and a number of other areas not included in many of these deals. We also have a whole host of other issues that will be brought up by EU member states when we are a third country—not least by Spain on Gibraltar, which we have been warned about. There will be further issues around the Irish border and fisheries, which interests me particularly. It is certain that our fishermen and that industry will be sold out, as the European Union has made it quite clear that it will not agree trade terms of any sort—on fisheries and elsewhere—unless access and quota arrangements are maintained.
It is also clear that there will be the same red lines from the European Union on the single market and the four freedoms. We are certain that those issues will still be there. We also have to reach agreement with some 36 legislative Assemblies, not least the European Parliament, which will take considerable time.
This agreement seems to me not one that provides certainty to industry or to the political community, but one that provides another period of uncertainty where we do not know where we are going and where we cannot agree deals elsewhere in the globe until we know our relationship with Europe. What we do know is that there will be very few trade deals done until we resolve our relationship with Europe, that there will be no freedom of movement for British citizens within Europe, and that this country will be impoverished.
The Attorney-General says that they—that is, all the things that have happened since December,
“do not alter the fundamental meanings of”,
the withdrawal agreement provisions,
“as I advised them to be on 13 November”.
That is pretty clear, you would think: it is a rather long way of saying that nothing has changed, but that is what it is.
The idea that exiting without any deal at all should be an even faintly acceptable outcome can surely not survive a reading of the economic analysis provided by the Government, the Bank of England and the NIESR. Finally, the Government have realised—as they did not when they first started to trot out the irresponsible slogan, “No deal is better than a bad deal”—that it is pretty disastrous. It must therefore be right for both Houses to state their categorical rejection of that outcome. It would be right, too, for the Government to state now that they will honour and act on such a rejection, and not play around with the false oxymoron of a “managed no-deal exit”.
The hard fact is that, if you look through the copious documentation we have now received, you will see not a single area of policy where what is now on offer can be said with any confidence to be better than what we have as a member. For prosperity, security and our global influence, we are clearly better off as a member. In most areas, the outcome is clearly negative. Can anyone seriously doubt that we will be less influential in Washington and Brussels, or in Beijing and Delhi, or that we will find ourselves with a much lower trepidation index—the measurement that determines whether other countries hesitate to kick you on the shins or to decline your representations? That is why I will not hesitate to vote for the Motion in the name of the noble Baroness, Lady Smith of Basildon, which is a clear but respectful message to the other place.
What happens if the other place votes tomorrow to reject the deal? The case for then submitting it to the electorate is, in my view, compelling. I have no liking for referendums, but it was the Prime Minister of the day, David Cameron, who forced that decision on us when he decided to play Russian roulette with one of our major national assets. I do not believe we can escape that trap without another public vote, particularly now that so much more is known about the consequences of leaving than was known in 2016.
Will such a vote be divisive? Of course it will. However, I believe that the outcome of such a vote, whichever way it goes, will be more likely to achieve closure than the agonisingly protracted negotiating agenda set out in the Prime Minister’s deal.
I turn to the threats. The first threat, which has been touched on already, is the suggestion that if we do not accept this less than perfect—I think that is the polite way of putting it—deal to leave, it will be no deal. It will be what the Leader of the House of Commons called—as the noble Lord, Lord Hannay, said, this is a somewhat oxymoronic concept—a “managed no deal”. It will be managed presumably with all the competence we showed in dealing with the change in railway timetables last year; with all the competence, panache and swagger we showed in dealing with a drone at Gatwick; and with the competence we showed last week in managing a traffic jam in Kent—now there is a big thing to do.
I am sure that most members of the Cabinet agree with the Secretary of State for trade and industry, who said that it would be damaging to this country—and I cannot believe that the Prime Minister, too, does not believe that it would be damaging to us. So why on earth are they flirting with it as a way of trying to press us all into doing something which most of us think would be extremely unwise and would keep the debate about the European Union going indefinitely—because that is what the political declaration is all about?
The other threat is the idea that unless we vote for the Prime Minister’s proposal, or leave without it, the country will be divided for the foreseeable future. What the hell do we think the country is at the moment? I have never known it so divided. This is partly because of decisions taken to try to manage members of a part of the Conservative Party, my party, who have for years, with commendable fortitude—although I think they are wrong—worked away to get us out of the European Union. We could deal with the idea that if we vote for this deal on April Fools’ Day people will sit around on the village green singing “Kumbaya” and holding hands—or perhaps, in the presence of the right reverend Prelates, “Guide Me, O Thou Great Jehovah”—but the idea that this will end the debate is for the birds. I am afraid that this argument will pollute British politics and British society for a long time to come.
As I said, I recognise the fortitude, determination and intellectual honesty of some of my noble friends who have pursued this over the years. They have, to borrow from Iain Macleod, schemed their schemes and dreamed their dreams. But now we wake up to this terrible shambles—never glad, confident morning again. The trouble about civil wars—even civil wars in political parties—is that they do one hell of a lot of collateral damage: in this case not just to the Conservative Party but to the country. I feel passionately that in the days ahead we should do what we can to limit the amount of collateral damage. Even though we cannot do it completely and even though we recognise that there will be an impact on British politics for the foreseeable future, we should at least try to do it in a way that does not make this country poorer or less influential in the world, and in a way which will enable us to look our kids and their children in the eye in the years ahead.
It is quite clear that we have to think in very different terms. My party will emphasise that we intend to present proposals, when we have the opportunity, to participate in a permanent and comprehensive customs union with a British say in future trade deals and we will deliver a strong relationship with the single market to guarantee that the UK does not fall behind the EU in rights for workers and consumers and in the protection of the environment. We want a deal that puts jobs and the economic position first, and we trust that this House will support our amendment today against a background where we hope the other place will support progressive positions tomorrow.
I was a government Whip when Harold Wilson was Prime Minister. He said that anyone who claimed that membership of the European Community was a black and white issue was either a charlatan or a simpleton. I leave your Lordships to adjudicate on that one. Which brings me to Mr Boris Johnson: his campaign bus did not proclaim, “Say yes to no deal”. We were promised an easy ride with a cash bonus thrown in. The question on the ballot paper did not ask us to choose between a hard or soft Brexit, a Canadian or a Norway-plus deal, or a deal that would separate Northern Ireland from the rest of the United Kingdom.
Nobody dreamed that we would be frantically preparing for worst-case scenarios. We are now paying the price for a referendum that was dominated by falsehoods. Brexiteers promised the world but ignored the social and political realities festering in our own country. Now, Parliament is convulsed, Whitehall is pulverised and Downing Street has become a drop-in for chilled wine and persuasive chats, while industry and business are alarmed and our friends and allies are bewildered. Who can possibly blame them?
In yesterday’s Sunday Express, Mrs May said:
“Some of you put your trust in the political process for the first time in decades. We cannot—and must not—let you down”.
But voters were let down—all of them. Both sides failed to focus on the issues that mattered most to them. Look at the Electoral Commission report. It said that many voters were unclear about the consequences of victory for either side and did not know the answers to questions they expected to be at the heart of the campaign. Both the Prime Minister and the leader of the Opposition should heed that report and listen to the voice of a young generation, who have a right to be part of the decisions affecting their future.
Many years ago, a debate took place in the Commons that changed the course of the war. Back-Benchers played a pivotal role then and I hope will do so tomorrow. My message is: Back-Benchers arise and forget your party allegiance. The national interest demands it.
One former Member of your Lordships’ House who knew Lincolnshire well, Michael Ramsey, the 100th Archbishop of Canterbury, began his ministry there. Ramsey was a brave and challenging thinker and spoke out clearly against injustice, including homophobia and apartheid, but in those early years in Lincolnshire he counselled the Church of England to understand itself more carefully as a compromised body. He wrote that the Church of England’s,
“credentials are its incompleteness, with tension and travail in its soul. It is clumsy and untidy; it baffles neatness and logic ... for it is sent not to commend itself as ‘the best type of Christianity’ but by its very brokenness to point to the universal Church wherein all have died”.
The Church of England has always had to manage difference and diversity, and still needs to do so. Whatever happens over the next few days, weeks and months—and no one knows what will happen—I suggest that, as a nation, we need to recognise that we are profoundly divided and need to manage diversity better, with respect and humility. The regret Motion as worded presents problems for those Members of your Lordships’ House who might agree with the sentiments about a no-deal Brexit but are less inclined to dismiss the Government’s withdrawal agreement in the absence of any worked-through alternative. For that reason, your Lordships should not be surprised if they see Members of this Bench voting in either Lobby or choosing to abstain.
The people of the United Kingdom, just like Bishops in the House of Lords, are a mixed bunch. We are in this together and we need to remember and practise the art of listening and compromise to become, over time, the best nation we can be.