My Lords, in moving that the Bill be now read a second time, I want to thank in advance all noble Lords who will speak in today’s debate.
This Bill, which passed its stages in the other place with a substantial majority, will implement the historic trade and co-operation agreement negotiated with the European Union and marks the beginning of a new chapter for our country. This comprehensive Canada-style agreement, worth more than £660 billion, delivers on the commitments made to the British people in the referendum and in last year’s general election. It takes back control of our money, borders, laws and waters, ends any role for the European Court, and protects the Good Friday agreement. It provides certainty for business —from financial services to the life sciences industry, food producers and our world-leading manufacturers, including the car industry—safeguarding highly-skilled jobs and investment across our country.
I am sure that the whole House will join me in thanking our negotiating team, led by my noble friend Lord Frost, for their professionalism, skill and perseverance. Of course, we also pay tribute to President von der Leyen, Michel Barnier and our European friends for the part they have played in ensuring we reached the deal we have today.
This agreement is the beginning of our new relationship with our European neighbours. It is a deal based on friendly co-operation between sovereign equals, centred on free trade and inspired by our shared history, interests and values, while respecting one another’s freedom of action. Crucially, it fully upholds our rights as a sovereign country, meaning we will have political and economic independence to assert global Britain as a liberal, outward-looking force for good.
However, this is not just a free trade agreement; it is much more. This broad and unprecedented settlement reflects our historic, close relationship with our European neighbours. It is a relationship and partnership which will continue, albeit in a new form, once the transition period ends tomorrow.
I know the strength of feeling across this House when it comes to this subject. For decades, this House and its work have played a pivotal role in forging our relationship with our European neighbours and allies. While this workload may have increased since 2016, the quality has never been diluted, and your Lordships’ commitment and focus in scrutinising the 17 Brexit Bills we have enacted over the past four and a half years have been unwavering. In particular, I pay tribute to the EU Select Committee and its sub-committees for the work they have carried out on behalf of the whole House since the referendum. The committees have published in excess of 70 reports, thanks to the efforts of their members, staff, clerks and legal advisers. The scrutiny of this House has been better for their work and dedication.
At end insert “and this House welcomes that the agreement with the European Union has avoided the United Kingdom leaving the transition period without a deal, but regrets the many shortcomings including the bureaucratic burdens, regulatory hurdles, relative neglect of the services sector, limited provision for mutual recognition of qualifications, uncertainty on regulation of data flows, and limited concessions on integrated supply chains outside the European Union, included in that agreement; further regrets the failure to secure all the vital shared tools on security and policing required to keep people safe; notes that there are considerable details yet to be negotiated; and calls on Her Majesty’s Government to work with Parliament and the devolved authorities (1) to establish robust oversight procedures over the remaining areas to be agreed and the implementation of those aspects already in the agreement, and (2) to move quickly to establish the Parliamentary Partnership Assembly jointly with the European Parliament.”
My Lords, we are sitting at an unusual time, are we not—although not on 25 December, which would have been a first since 1656, nor on Christmas Eve, which would have been a first since 1929 when, as Esther Webber assures me, the discussion included the quality of oysters in the Commons restaurant. Perhaps that was because they were not Morecambe Bay oysters—something about which the noble Lord, Lord Cavendish of Furness, might enlighten us in his valedictory speech. As he leaves, another Member arrives. I am particularly looking forward to the maiden speech of the noble Lord, Lord Austin of Dudley, whom I have had the pleasure of knowing and working alongside for many a year.
Today, we are asked to put into domestic law the Christmas Eve agreement. I hope that we will also agree the amendment to the Motion standing in my name. I am a child of the British Army on the Rhine, born in a war-ravaged Germany and schooled in a divided Germany. However, I am also a child of democracy, in the rebuilding of which in Germany my father and his generation played a role. What I also saw was the gradual regrowth of friendship of nations, the dismantling of trade barriers, the increased movement of people and the development of security, personal and cultural links to ground the continent’s future in its people and economic well-being. How can I not feel European?
So today, because of all that has happened since 1945 and 1973—and because of what happened in 2016—as we start on a new journey, we owe it to the past as well as the future to ensure that we continue with the motivation and drive that built such a successful, peaceful and co-operating bloc. This will not be easy as we erect new trading barriers with our neighbours, reduce access to jobs and education across Europe and step outside the customs union and single market. That is the treaty that the Prime Minister, having led the Brexit campaign, has now signed. Today, we are asked to pass the Bill, agreed to overwhelmingly by the elected House of Commons, to put his deal into law.
My Lords, some four and a half years after the referendum result, we can now see in the treaty that we are discussing today the outline shape of the UK’s future relationship with the EU, yet we have had no real opportunity to read it and no chance to consider its implications. It is the single most important treaty that this Parliament has had to consider since we joined the European Community in 1973, yet today we are invited simply to rubber-stamp it in a matter of hours.
A treaty which the Prime Minister claims restores our sovereignty begins its life by mocking parliamentary sovereignty. The Prime Minister of course disdains the convention that we call a constitution. If he can break any of those conventions to make his own life easier, he will, as he tried to do with Prorogation last year and as he did with his list of Peers last week. He has done so again in this case.
Today’s debate is a case not of Parliament weighing the arguments and forming a view but of it waving through hundreds of pages of law unread, unanalysed and unquestioned. There is no scope today to discuss the details of the Bill or, because of tomorrow’s deadline, to contemplate amending it, despite the extraordinarily broad Henry VIII powers which it contains and on which your Lordships’ House may wish to express a view.
The country will have many months and years to find out what the treaty means in practice, but that does not mean that we cannot assess it against the key purposes of any Government in any country at any time. Does it make us more secure? Does it make us more prosperous? Does it help to unite the country? And does it strengthen our position in the world? In each case, the answer is no.
On security, the EU has, over many years, built up a series of measures which has made it easier to identify criminals and terrorists and bring them to justice. Its crown jewels are the European arrest warrant and the real-time European crime-fighting databases, such as Schengen II. We are now outside all of those. The warm words of the treaty on security co-operation seek to make the best of a bad job, but it is a major step backwards, leaving us with literally zero prospect of establishing as effective a system for fighting crime and terrorism as the one we are leaving.
3:46 pm
Lord Judge (CB) [V]
We can—indeed, as it is the only opportunity we shall have, we must—discuss whether the future relationship agreement represents what has been described as a hard or soft, or, nowadays, a thin, scrawny or perhaps plump, deal, but I fear the single question for decision by us today is whether, however we choose to describe it or to deride it, and with whatever level of reservation or hesitation, we accept this deal or not.
Personally, I breathed the sigh of relief described by the noble Lord, Lord Newby, when I heard the news that a deal had eventually been negotiated. I share the views already expressed that there are problems and disappointments with it, which will no doubt be ventilated this afternoon, as they were in the other place by the leader of the Opposition this morning. But I respectfully suggest that the discussions that we have today about how and when the agreement was eventually signed should not overlook that there were two parties to the negotiations. It was the duty of the EU negotiators to do their best to protect the interests of the EU from the consequences of the unwanted departure of one of its members, and to do so in a way which kept 27 sovereign countries content with what was to be agreed. It was not open to us to require a negotiated settlement in which we dictated the terms of our departure; the EU was never going to make easy concessions and our negotiating hand was not strong enough to obtain them. One has to be careful not to be unfair to those responsible for the negotiations.
As I indicated, I welcome with relief what I believe to be a workable deal, the most important feature of which is the restoration of parliamentary sovereignty. In years to come, we must make it clear that from now on—that is to say, from 1 January 2021—the Prime Minister has no sovereignty, the Executive have no sovereignty and there is no coronation after a successful election campaign culminating in a large majority for one party or the other. I am stating the obvious, but today’s legislation exemplifies the unwanted tendency—if I may adapt the words of John Dunning in 1780—of the Executive to command, and to expect to command, the legislative process, rather than to defer to it, which has increased, is increasing and should be diminished.
That is really all I have time to say—there is much more that I would like to say. However, there is one positive aspect of the Bill, which is that we parliamentarians in both Houses must wake up to the fact that there should now be proper, true parliamentary control of the legislative process. But that is up to us.
My Lords, it is a privilege to speak in this historic debate today. It is also a relief to be here after four and half years. I congratulate my right honourable friend the Prime Minister, my noble friend Lord Frost, the UK negotiating team and the EU negotiating team on reaching this deal in the teeth of a pandemic which made the negotiations so very challenging. But as the coronavirus has revealed inequalities both in this country and around the world, Brexit highlighted some inabilities in modern British politics—the inability to see that compromise is not always a bad thing; the inability to show that sometimes we can disagree well and respectfully with each other; and, most importantly, some people showed an inability to accept the results of a public vote that had been sanctioned by this very Parliament. At some point, both Houses of Parliament will have to demonstrate that we have learned from this period in our history.
There were some who asserted that my right honourable friend the Prime Minister did not want a deal. Actually, he demonstrated with both the withdrawal agreement last year and now this deal that he absolutely wanted a deal that set the terms for a continuing and new relationship with the European Union, but with Britain very much not as a member of that European Union. We will undoubtedly hear criticisms today of what is in that deal, including from those who still seek to say that, actually, we should not have taken this step as a sovereign country. However, I hope there are many others in this country, in this Parliament and beyond, who will see that the deal negotiated and agreed on Christmas Eve presents great opportunities for Britain. We should take the opportunity to seize what is before us and build a success for our country, in a new trading relationship but also in a new co-operation relationship with the European Union as our neighbour and partner.
My Lords, I speak as chair of the Constitution Committee and I say at the outset that this Bill elevates to a new level our concern about the way the Government present legislation to Parliament. The Bill fails all the tests for achieving good-quality legislation. It is long and complex and gives significant new powers to the Executive. We have not had anywhere near enough time to scrutinise the Bill as we would wish, and in any other circumstances the Constitution Committee would issue a detailed, thorough and critical appraisal of it. However, the committee did meet yesterday, and we published our immediate response. We acknowledged that the fast-tracking of the Bill is now necessary, but only because of the Government’s own actions ahead of the cliff edge of 31 December.
On the substance of the Bill, we noted that a prominent argument for the UK leaving the EU was to take back control of our laws—for laws to be determined by the UK Parliament, rather than the EU’s lawmaking bodies. Asserting the sovereignty of the UK Parliament was considered of such importance that it was included in the European Union (Withdrawal Agreement) Act 2020. It is regrettable that the Bill, which determines how the UK’s future relationship with the EU will be implemented into UK law, was published less than 24 hours before parliamentary scrutiny was due to begin. This does not allow Parliament much by way of control. This is the core of our concern. If, as the Government say, powers are coming back from the EU, where do those powers go? Are the Executive taking all these to themselves? What does this mean for the relationship between Parliament and the Government? Can this House fulfil its constitutional responsibilities?
In the Explanatory Notes, the Government say:
“The Bill is not suitable for post legislative scrutiny”.
My Lords, I was wondering last night what a cynical Government would do if they knew they could get only a poor deal because they had limited their own hand so much in negotiations. Leave it to the last minute? Issue inaccurate and misleading press statements when it was made? Allow only for minute scrutiny? Seek to prevent any post-legislative scrutiny and refuse to publish an impact assessment, perhaps? But, as others do, I love my country and it was a rather heartbreaking exercise, over the last few days, to read, side by side, the Conservative Government’s draft negotiating document for a free trade agreement, published on 19 May, and the final agreement. In almost every single area, from the betrayal of fishermen and Gibraltarians through to the vast new burdens on our businesses, the consistency and scale of the poor negotiating was laid bare in cold text.
The independent UK Trade Policy Observatory assessment stated:
“Even with the free trade agreement (FTA) announced on Christmas Eve, Brexit increases UK-EU trade costs, reduces trade between them, and requires resources for form-filling, queuing, etc. These in turn, lead to changes in consumption which reduce UK residents’ welfare.”
It goes on to a sobering conclusion:
“Exports of value added will fall by nearly 5.5% relative to a pre-Brexit scenario and GDP by 4.4%.”
My noble friends Lord Fox and Lady Kramer will outline this in more detail. The refusal yesterday of the noble Lord, Lord True, to commit to publishing an impact assessment, in direct contradiction to a letter he sent me in May, is likely to be seen more cynically by those communities and sectors that will be impacted most.
The punishing absence of services was expected, as the UK’s “red line” on securing services continuity turned to pink and then to a white flag ages ago. We knew some of the details of this already. The noble Lord, Lord Grimstone, was appointed Trade Minister from being chair of one of the UK’s biggest banks, and when he moved Barclays’ European headquarters and almost €200 billion in assets from London to Dublin last year, he said:
My Lords, the agreement with the EU covers such a wide variety of matters, and the time for scrutinising this Bill is so very short, that one has to be selective. My choice has been to look at how this necessary Bill seeks to give effect in domestic law to the surrender provisions in Part 3.
The surrender provisions must be compared with the EU’s framework decision that governs the European arrest warrant to see what we have lost and what we have gained. We were always going to lose our right as an EU member state to require those countries whose fundamental principles prohibit the surrender of their nationals to third countries to surrender them to us— and so it has been. But we have made up for that by securing agreement to some new protections and to a more comprehensive scheme that, as the European Court of Justice now has no role, leaves as little room for mishaps and misunderstandings as possible. On balance, the scheme—though second best—seems to be as good as we could have hoped for.
How, then, does the Bill seek to give effect to these provisions in domestic law? Clause 11 tells us that member states are to remain category 1 territories. That means that the new scheme is to be dealt with under the accelerated procedure in Part 1 of the Extradition Act. That is as it should be, as the surrender scheme itself provides for an accelerated procedure for which Part 1 of that Act was designed. However, there are differences. Part 1 of the Extradition Act does not mention the principle of proportionality, for example, which lies at the heart of the new scheme, and the new scheme clarifies the circumstances in which a public prosecutor can be considered a judicial officer—something that always puzzled us—which that Act does not do.
It is plain for these and other reasons that Part 1 of the Extradition Act requires amendment if it is to meet the requirements of the new scheme. For the time being, we are left with the general implementation provisions in Clause 29, but that clause leaves too much to the judgment of the individual judges and others who will be required to operate this system. Uncertainty and inconsistent decisions will follow. It falls very far short of what is needed here. We can be sure that on its side, the EU will do what is necessary. These amendments are required and must be made as soon as possible.
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As Leader of this House throughout this often difficult and turbulent time, I want to thank noble Lords from across the House for their commitment and dedication to our important role during this long and, at times, frustrating process. I hope that, with consideration of this Bill, the House can close this particular chapter and look forward to opening a new one which focuses on our new domestic and international agendas as we move on to build a great future for our four nations.
The transition period will end at 11 pm tomorrow. I know that Members across the House will want to ensure that the legislation that gives effect to the treaty is in place so that people and businesses can rely on it. We will provisionally apply the agreement from 1 January, but we still need to have legislation in place for provisional application and implementation to happen, and to ensure that we can ratify the agreements.
I now turn to the contents of the Bill. Part 1 implements the relevant provisions of the agreement that will protect our citizens and continues our long-standing commitment to joint co-operation on security matters. The Government have negotiated a comprehensive package of operational capabilities that ensure that we can work with counterparts across Europe to tackle serious crime and terrorism. Among a series of security measures, the agreement facilitates the continued transfer of passenger name record data from the EU, exchange of data via the Prüm system and streamlined extradition arrangements based on the EU’s surrender agreement with Norway and Iceland. This is the first agreement of its kind that the EU has negotiated with a non-Schengen third country, and it means that our security and border agencies will be able to continue working with our EU neighbours to protect the British public.
Part 2 of the Bill addresses trade and other matters, implementing arrangements to keep goods flowing in and out of our country. This deal maintains zero tariffs and zero quotas on trade in goods between the UK and the EU—the first time the EU has ever agreed to complete tariff-free and quota-free access in an FTA. The Bill provides for streamlined customs arrangements, including recognising our respective trusted trader schemes. The schedule on technical barriers to trade means that our exporters will not face unnecessary obstacles or discriminatory regulatory regimes.
The Bill implements our deal for UK hauliers as well as bus and coach companies that can continue to operate to, through and within the EU, making sure that critical cross-border services can continue to operate on the island of Ireland. These passenger transport provisions give people the freedom to travel to and from the EU easily for work, holidays and to visit loved ones.
We have also agreed a comprehensive protocol on social security co-ordination that is unmatched by any other between the EU and a third country. This agreement will ensure that UK nationals have a range of social security cover when working and living in the EU, including access to an uprated pension and extensive healthcare arrangements. The Bill gives effect to these provisions.
The Bill also gives effect to an unprecedented agreement reached on energy trading and Euratom, and reasserts our shared priority of tackling climate change through sources such as solar and wind. The measures that I have outlined demonstrate that this historic agreement is wide ranging and designed to provide certainty to our citizens, businesses and hauliers through trade, tax and transport measures.
The Bill also makes other arrangements that are related to our agreement with the EU but not directly related to its implementation.
The United Kingdom’s commitment to protecting the Belfast/Good Friday agreement in all respects is unwavering. That is why this Bill will enshrine funding to the Peace Plus programme to promote peace, reconciliation and economic development in Northern Ireland and the border region of Ireland.
Part 3 of the Bill ensures that we can meet our legal obligations under the agreements, including those emanating from the governance architecture they contain. The House will understand the significance of the fact that the basis of this agreement is not EU law but international law. EU law will no longer have any special status in the UK, nor is there any direct effect of this agreement in UK domestic law. Crucially, the Court of Justice of the European Union will have no jurisdiction, delivering on one of our core objectives in the negotiations.
In the agreement, we have made reciprocal commitments to high-level principles but not to common laws, and we will retain flexibility to tailor our approach for the United Kingdom. These are fair and balanced measures, which ensure that there is no constraint on either side’s autonomy and sovereignty. Our Parliament will regain its freedom to make or unmake law as it sees fit. We shall begin by fulfilling our manifesto promise to maintain the highest standards of labour and environmental regulation.
A significant agreement has been achieved for our fisheries industry, although this is not included in the Bill. For the first time in nearly 50 years, our country will be free to decide who can access our waters and on what terms. There will be an adjustment period of five and a half years during which the UK’s share of fish in our waters will rise from over half today to around two-thirds. After this adjustment period, any access by non-UK vessels to fish in UK waters will be a matter for annual negotiations, with no automatic access granted to the UK exclusive economic zone.
The Government are committed to upholding the Sewel convention. We have sought legislative consent Motions from each of the devolved legislatures where necessary for the Bill. My right honourable friend the Chancellor of the Duchy of Lancaster has sought consent from each of the Administrations, and we look forward to receiving their responses. My noble friend Lord True will update the House with any developments in his closing speech.
This Bill delivers what the British public voted for in last year’s general election and the referendum, and marks the start of a new chapter—one where we can take advantage of freedoms outside the EU to boost our efforts to level up opportunity; reform our approach to support farmers and improve the environment; encourage new, innovative sectors to develop; strike trade deals; and play a leading role on the world stage.
For these reasons and many more, I beg to move.
Amendment to the Motion
In normal times, our role would be to scrutinise this Bill, to test whether it fulfils its role, and to ensure that it is workable and allows for transparency and accountability. Sadly, that is not what we can do today, thanks to the Government having delayed and delayed, perhaps even to avoid such scrutiny in your Lordships’ House. Nevertheless, this is the beginning, not the end, of our process of our scrutinising how we leave and how we build our future with the EU. There remain many areas yet to be negotiated and many decisions on the implementation of the deal, so we will have the chance to exercise proper scrutiny post-ratification, including thorough examination by our European and other committees, and full debates on whatever reports they produce.
The agreement allows for a review and I hope that either a special committee here or a parliamentary-appointed major independent study prepares for that review, looking at all aspects of the UK-EU relationship and how it might be improved and developed across economic, social, cultural, environmental and climate change areas. Never again should we stumble into a profound shift in our international, security and trading relationships without full debate of the options and the paths to be taken.
Turning to today, we should remember two things, both relating to the mode of our leaving and our future relationship with the EU. First, the treaty is supported by all our EU colleagues and partners. Their Governments, including the Irish, have unanimously endorsed this deal. And for us on the Labour Benches, our continental sister parties support it and look to us to help make it work. Business has similarly welcomed the fact that we have a deal, removing the horrendous possibility of trading on WTO terms next week and at least beginning to see a new certainty.
Secondly, we face a seismic change in our relationship with the EU, but we are not leaving the continent; we are not turning our back on these major trading, security and friendship partners. Looking to the future, Labour, as an internationalist party, will forge a close relationship with the EU in the national interest—from the personal, where we want Erasmus-type arrangements so that our young people can live, work and study together, to industrial and service provision, where Europe-wide businesses will flourish where trade is easy, and with our consumers not only being spared import tariffs but having the ability to travel, holiday and explore the lands around our islands.
The agreement is not a Labour one. It is tariff-free for UK-made goods, and quota-free, and that we welcome, but it is sadly lacking on those invisibles—the service sectors, financial, educational and cultural, which are such a vital part of our economy. There are gaps in security and data exchange. There are real weaknesses in the protection of workers’ rights—one of the great benefits of our EU membership, where we worked in step across the Union. There is added bureaucracy for business—rather more, I fear, than Mr Gove’s “bumpy moments” and hardly amounting to frictionless trade. There are new regulatory hurdles, especially in chemicals and pharmaceuticals; limited mutual recognition of qualifications; and the ending of current police and security co-operation, with uncertainty over the European arrest warrant replacement. There is a lost opportunity for a far-reaching and comprehensive approach to foreign policy, defence and security co-operation, and a lost opportunity to safeguard the future status and economic prosperity of Gibraltar. Despite the people of Gibraltar being assured that there would be no UK-EU deal without Gibraltar, in fact this deal excludes Gibraltar. Yesterday, the Spanish Foreign Minister warned that if there is no deal in the next 72 hours, the Rock will become
“the only place where there is a hard Brexit.”
With Gibraltar becoming the external border of the EU, there could be passport-stamping and many other checks, leading to lengthy queues.
So this Bill implements a deal that we would not have negotiated: a deal that is less than it should or could have been and one made in No. 10 with an eye, I think, on the ERG rather than the whole of the UK. But it is the deal that we have, and it is so much better than the no deal favoured by some on the government side. For that reason, we accept the Bill, but with sincere regret that it is so late that we cannot do our job properly and that it excludes some of the country’s most vital interests.
Because there remains so much still to be negotiated, we call on the Government to work with Parliament to ensure full transparency and oversight of the umpteen special committees and working groups that still have big decisions to take. We call on them also to work with Parliament and the devolved authorities urgently and quickly to establish the parliamentary partnership assembly, so that parliamentarians across the EU and the UK can play their part in the remaining stages. I beg to move.
On the economy, the treaty provides for tariff and quota-free trade in goods, but literally hundreds of new impediments on trade in services. The Canadian agreement, to which the Prime Minister refers glowingly, has, by the Government’s own admission, more than 400 restraints on free trade in services, and we see that reflected in this treaty—whether it is ending mutual recognition of most professional qualifications or the end of passporting for financial services. Yet the UK has a big balance of trade deficit in goods and a big balance of trade surplus in services, so we are penalising the sector where we are strongest and favouring the EU in the sector where we are weakest. This is a massive win for the EU at our expense.
Even in trade in goods, exporters are faced with a massive increase in bureaucracy and red tape: some 200 million new customs forms to be completed each year and an extra 50,000 customs officials required to process them. Those who favoured Brexit made much of Brussels bureaucracy—just wait until they see how many new layers of form-filling they have imposed on British businesses.
We are told that any trade losses with the EU will be more than matched by our new global trading partnerships, but who are these to be with? Not the US, unless we capitulate on food standards. Not China, where our exports are actually falling, unless we stop criticising its human rights record—ask the Australians. Not India, unless we allow many more Indian immigrants —ask Priti Patel of the likelihood of that. And ask any small business about the relative costs of exporting to the EU and to the Far East and you will find that there is only one answer—and it does not support the Government’s argument.
On maintaining the unity of the United Kingdom—the third test for any Government—it is to me almost incredible that the Conservative and Unionist Party has erected a border down the Irish Sea and allowed the EU to dictate what goods we can trade across it. Seed potatoes have become the only good which will not encounter friction in moving west across the Irish Sea, and this is because Brussels has banned internal UK trade in them entirely.
As it becomes increasingly apparent that the economy of Northern Ireland has closer links with that of the Irish Republic than that of Great Britain, it seems to me that people in the Province will, inevitably, increasingly prioritise their relationship with the south over that across the Irish Sea. The Irish Government’s decision to fund Erasmus students from Northern Ireland as our Government shamefully exit the scheme shows just how aware the Republic is of this new reality. No wonder some in the Province who so enthusiastically supported Brexit now realise just what a price they are having to pay.
On our global influence—the final test of government —the world has looked askance as the Brexit saga has played out. People have not been patting us on the back and congratulating us on our pluck and resolve; they have all asked, “Why on earth are you shooting yourselves in the foot?” Incoming President Biden has certainly made it clear where his priorities lie, and it is not with the UK. As of today, the UK has no foreign policy and no capacity to influence international events, or even standards-setting, as part of a single EU response. With a weakened economy, a decimated aid budget and a new reputation for untrustworthiness, our soft and hard power will be less than at any point since before the Napoleonic wars.
Your Lordships’ House is being asked today to vote for a treaty which makes us less secure, less prosperous, less united and less influential. It has passed the Commons with acclaim and will pass your Lordships’ House with ease. On these Benches, however, we simply cannot join in what is, in effect, for many people, a collective sigh of relief that we are at least not leaving with no deal at all. Clearly, no deal would have been completely disastrous, but by choosing a deal which prioritises a two-dimensional view of sovereignty over what is best for our prosperity, the Government have made a deliberate choice for which responsibility rests with them alone. This is a Conservative Party treaty, the culmination of a process which began when a Conservative Prime Minister decided to hold a referendum to manage splits in his own party. The Conservatives, with their majority in the Commons, would, even without Labour support, have secured a majority for the treaty and the Bill, and they will be judged on the consequences.
As people in your Lordships’ House know, we on these Benches have opposed Brexit, as we oppose this Bill, because we believe that, on all counts, it is bad for our country. We did not win the argument with the electorate in 2016, but in a democracy, you do not change your fundamental views because at a particular time more people hold different views. You continue to argue for them, in the hope that you might eventually prevail. We continue to believe that, in every respect, Britain is better off at the centre of Europe. This treaty removes us from that position. We will therefore be voting against the Motion that this Bill do now pass, and invite all those across the House who share our vision of Britain’s place at the centre of Europe to join us.
There are many businesses that have in the past complained about red tape and been told that it is impossible to do anything about it because it comes from the EU. Now, that will not be an option. Equally, there will be times when we want to take the opportunity to do things very differently, whether in terms of building trading relationships with other countries around the world or making decisions that are right for our businesses in this country. So, we have this deal and while there are areas that remain to be worked out, such as financial services and data flows, this deal signals the start of a new relationship with the European Union. I am pleased to support the Bill and the overall deal, and I hope this House will reject the amendment before it.
The news today shows that 2021 can well be a brighter year for everyone, and this deal and this new relationship with the EU will be part of that.
We very much disagree, because the content of the trade and co-operation agreement cannot be amended by Parliament, but the mechanisms used by the Bill to rewrite UK domestic law to implement this have significant and potentially long-lasting implications, particularly for the role of Parliament and for the devolved arrangements. The Constitution Committee therefore recommends that the House consider how best to conduct post-legislative scrutiny as soon as possible. We believe that the quality of such scrutiny will be an early and substantial test of whether or not Parliament possesses a significant tranche of returned powers. As the noble and learned Lord, Lord Judge, said, this is what increased parliamentary sovereignty requires.
“We believe this will give us a competitive advantage”.
Those of us warning of the damage of this course were told, first, that we were scaremongering and then that we were sore losers, but I looked at the Leave.EU website archive and in the questions and answers it said this to the question of what impact leaving the EU would have on trade:
“The remaining EU member states will seek a trade agreement assuring the same level of free exchange of goods, services and capital as is the case today.”
They did not, and this promise was made in falsehood and fully realised in its egregious breach. However, the lies, tangled webs of deception and parliamentary obfuscations are nearly over, and we will have to deal with the consequences.
Liberal forebears joined together to ensure the widest benefit of free, fair and open trade well over a century ago. We fought relentlessly against Conservative protectionism at the turn of the last century. We split from the Conservative and National Government over their imposition of tariffs all round. Now, a century on, we need to try to militate against the worst elements of this poor agreement. We will have to be in the vanguard of supporting women entrepreneurs in the service sector to tackle the new barriers, helping our businesses export against the new burdens and supporting those wishing to seek advantage not by moving out of the UK but by staying in it and working with others to reconnect with Europe. I never thought we would need to rejoin this fight, but we do—we must, and we will with vigour.
European Union (Future Relationship) Bill · Order Paper · Order Paper