European Union (Withdrawal) (No. 6) Bill

Second Reading

Moved by

That the Bill be now read a second time.

My Lords, I move this Motion on behalf of the elected House. I am not here to debate leave, remain or Brexit. The Bill is about how Brexit is carried through so that the UK does not leave without a deal and that, once a deal is there to be voted on, we will leave, if the House of Commons agrees, via its meaningful vote.

Of course, this House does not have a meaningful vote. The Bill has come from the elected Commons but this is not a normal situation. The timetable has been forced on Parliament by the Prime Minister. Our role is not necessarily to rubber-stamp the elected Commons but, given the Prime Minister’s Prorogation timetable, the House has no real time to amend the Bill without jettisoning it as a whole—it is too risky. This is not the preferred way to scrutinise. It has been forced on the House. In this respect, I much regret that the Leader of the Lords saw fit to be part of the Privy Council’s forcing an early close-down of Parliament. Knowing the sensitivity of being the Leader of the House, she should, I believe, have declined that invitation. There are plenty of privy counsellors around to choose for the task.

It is not the case that it must be certain privy counsellors. In 2005, for the Prorogation Privy Council, there were three privy counsellors present at Windsor. None of them was from the House of Commons; two were Ministers from the Lords, of which I was one, and another was a member of neither the Government nor the House of Commons. There are plenty of privy counsellors. The Leader of the House did not have to accept that invitation; it has dragged this House into the issue of closing down Parliament early when it was not necessary. We need to consider what is sent to the Lords and the context in which it is sent. There is a clear breakdown of trust in the Commons, which is under extreme pressure. It has now decided, as it did earlier in the year, to try to take some responsibility for and control of the decision on a no-deal Brexit. To coin a phrase, the Commons has acted to stop a no-deal Brexit by any means necessary. We have gone past the stage where many of the public thought that no deal meant not leaving—the Operation Yellowhammer papers have made that clear to everyone concerned.

I always preface my presentations for the Peers in Schools programme by saying that we have two Houses of Parliament, but they are not equal. The role of the Lords is to scrutinise and sometimes to ask the Commons to think again, but knowing that the Commons always has the last word. But we are not in normal times. As I said earlier, the Prime Minister’s timetable means that we are in no real position, whatever the business arrangements for Monday, to ask the Commons to think again on this Bill. It almost amounts to a national emergency in legislative terms. We need to treat the Commons with respect as it tries to achieve the objective. It alone has the legal and political responsibility for the meaningful vote. It is as divided as the nation, but it has sent us a Bill.

My Lords, this is actually a simple and quite straightforward Bill, but that does not make it unimportant. What it seeks to prevent—a no-deal crash-out on the simple say-so of the Prime Minister—has major implications.

Like other noble Lords, I spent August in France where, at a birthday party, I met Monsieur Serge Ratel, born in Normandy soon after the war. Learning that I was British, he fixed me with a steady but rather sad eye and—I hope I have translated this properly, because my French is not perfect—said, “You Brits have done so much for us. You rescued us during the war and then, in the way that you engineered the post-war reconstruction, you enabled us to recover in a way that made possible the European Union. Since you have been in, you have helped steer our whole continent and helped us remain at peace with ourselves and with each other”. He went on to say that while, as strong allies, the EU could survive without us, as it had done in its early years, our leaving without a deal would harm not just the UK but the EU itself.

That is what the Bill is about. It is not about whether we leave but about the method of our going—whether we depart as friends, neighbours and allies, with agreement between us and in a way that best supports our economy, security and the people across the continent. It matters for them, but how we leave also matters for our democracy. It must not happen without the consent of the Commons.

We rehearsed the economic and security risks of no deal in your Lordships’ House on Tuesday. This Bill is about something else. It does not say that we could never leave without a deal. It says that that could happen only provided the Commons agrees. We have already in your Lordships’ House helped write into the withdrawal Act that any deal on which we leave must have the consent of the Commons, so this Bill simply extends that to include leaving without a deal. To ensure that that is the case, it requires the Prime Minister to seek an extension to the Article 50 negotiating period, either to provide time for that deal or to allow the Commons to concur with a no-deal exit, if that is what the Prime Minister is to recommend.

My Lords, I too thank the noble Lord, Lord Rooker, for introducing the Bill. As has been said, a broad coalition came together to support this short Bill, which is simple and has a narrow focus: to prevent a crash-out Brexit for which there is no mandate. As Hilary Benn MP said, preventing a no-deal Brexit is the central most important question facing the country. The new MP Jane Dodds, who made her maiden speech yesterday, gave an illustration of what would happen to sheep farmers in her constituency.

I pay tribute to the responsible senior politicians from all parties who came together in the national interest. As we know, that included two distinguished Conservative former Chancellors of the Exchequer, Philip Hammond and Ken Clarke. What is notable is that many people have commented that it is an odd world in which an individual’s Conservatism is measured by how recklessly they wish to leave the EU. We are in a topsy-turvy world.

Supporters of the Bill are open about the fact that, beyond preventing the devastating harm and disruption of no deal, they have very different views on how to resolve the Brexit question. None of those options is precluded by the Bill, which, as I said, has a narrow scope. As Alistair Burt, one of the co-sponsors of the Bill, said,

“is the Bill a stumbling block to negotiations? No, it is not. The Bill does not prevent the Prime Minister or the Government from negotiating”.—[Official Report, Commons,4/9/19; col.224.]

It simply prevents no deal unless the Commons agrees to it and gives the Commons powers over the extension process—so it is taking back control to Parliament in action rather than in empty rhetoric.

The noble Baroness talked about the coalition of people who have grouped together to propose the Bill, which essentially delays Brexit for a minimum of three months. Can she tell us what that coalition of people intends to do with those three months?

I covered that point. The Bill does not prevent a deal, because a deal could be agreed within the extension period—that is specifically covered. I said that the coalition is perfectly open about the fact that it has coalesced on a specific, narrow purpose: to prevent massive harm to the people of this country. Beyond that, there will be further discussion about how to proceed.

Will the noble Baroness now answer the noble Lord’s question?

I just have.

My Lords, perhaps I may briefly raise some concerns about the impact of a no-deal Brexit on children in low-income families. I welcome this Bill. As the noble Lord, Lord Rooker, said in opening the debate, there is particular concern about families on low incomes, and the adverse economic impact on them that would follow a no-deal Brexit. In the course of austerity, we have seen families on low incomes suffering significantly. Cuts to local authorities have reduced support for vulnerable families. Consequently, what we have seen and what has been recorded in numerous reports is that the number of children coming into local authority care is rising year on year. Generally, it is children from the poorest families who are taken into the care of the state.

I warmly welcome this Bill as it prevents a no-deal exit. I am concerned that, if we proceed with a no-deal exit, we will see more harm done to these families. I am also concerned about the number of children who are not fully documented and who have uncertain immigration status, and in particular those in care. Local authorities are finding it difficult to get proper documentation for about 3,000 or 4,000 children in their care. In his response, I would be grateful if the Minister could address concerns about their welfare. In fact, he will not be responding. Perhaps the noble Lord, Lord Rooker, or the Opposition might say a few words about their concerns about the impact on low-income families and about the documentation of children with uncertain immigration status, particularly those in local authority care.

My Lords, this Bill will of course go through, but any idea that it will solve all our problems can dismissed here and now. We have already heard of some of the dilemmas ahead and they will be not only for my party and the Government but for the Labour Party, as the morning newspapers and broadcasts make clear. There are some difficult questions for Labour to resolve, which it has not yet done.

In the light of this difficulty for all the parties, there is, possibly, a way out that begins to have some light in it for remainers and remoaners, leavers and believers—in fact, for all of us. That could occur on or around 17 October, with the possibility, at present dismissed by almost everybody, of an amended withdrawal agreement with—using the words of Monsieur Macron, Angela Merkel and, although perhaps not the Taoiseach himself, many people in the Republic of Ireland—the “unnecessary” backstop modified or removed.

The noble Lord, Lord Newby, eloquently and again and again, says there is no hint of alternatives. There are massive alternatives that have been worked out with huge authority by a vast range of people—by consulting border operations throughout the world, by taking examples everywhere, by drawing back into the history of the Northern Ireland border in immense detail, by analysing precisely the kind of traffic going across every day and by taking into account that we remain, with the Republic, in the common travel area and outside Schengen. These details exist. It suits everybody involved at the moment to say that there are no details. It suits Monsieur Barnier to say that there is no hint of an alternative. He is quite wrong. He is bound to say it for the moment, but there are massive volumes containing immense detail, which could provide the alternative to the backstop. The date is 17 October.

One is very interested to hear about this massive detail. I may be mistaken but I read in the paper that, when the Prime Minister met Chancellor Merkel a few weeks ago, it was agreed that he would produce his alternative plan within 30 days. One wondered why he needed 30 days if the plan already existed. Perhaps the noble Lord could tell us—if he knows—whether Mr Johnson has revealed this cunning plan to Chancellor Merkel and whether she has accepted that it is an appropriate alternative to the backstop.