European Union (Withdrawal) Bill — House of Lords, 2018-02-26
Topic: Defense
Menzies Campbell (Liberal Democrats, Centre to centre-left): My Lords, it is always a pleasure to follow the noble and gallant Lord, Lord Stirrup, who speaks with great clarity and directness It may surprise the noble Baroness, Lady Deech, when I say that I have some sympathy for her in putting forward the notion that the European Union has not really paid up sufficiently for its defence. One of the so-called advantages of President Trump’s arrival and his apparent dismissal of NATO has been to cause a much greater degree of realism. The old arguments about burden sharing now take a very practical effect, and NATO countries have agreed on a minimum of 2% of GDP. As far as I can see, all NATO countries are now moving, as far as they can and as quickly as they are able, towards reaching that level I support the amendment moved so ably by my noble friend Lord Wallace of Saltaire. I have one advantage over him—as indeed does the noble Lord, Lord Kerr of Kinlochard. We were both present at the Munich Security Conference and heard how the speech was delivered, as much as understanding the content. It was an interesting speech in this sense. The first half was exemplary. The Prime Minister extolled the virtues of the existing security arrangements in Europe and rightly pointed to her role in continuing to ensure that the United Kingdom remained a participant in the application of the European arrest warrant and an active member of Europol when, on the Back Benches of the other place while she was Home Secretary, quite a lot of people in her own party would have departed from both these positions without a backward thought Munich is regarded, perhaps over-grandly, as the Davos of defence, and there is no doubt that the Prime Minister’s speech got pretty substantial billing. That is why I and many others found the second half so disappointing, provoking as it did an American listener—whom I believe to have had Republican sympathies—to say, "Where’s the beef?". The truth is that the Prime Minister had nothing of substance to say in addition to the paper that was published by the Government last September There was no hectoring from the Prime Minister, but there was certainly a degree of lecturing. In a sense, what she said can be summed up as: the security regime of the European Union is extremely good, but we are leaving it, we want you to help us replace it with a treaty, and, if you do not agree to what we want—and here is the lecturing to which I referred—you will bear the responsibility. That is hardly the way to win friends and influence people in a gathering of experts and people with enormous experience in the realms of security and defence There was one element of the Prime Minister’s speech that has not, so far, received sufficient consideration. She said that, "when participating in EU agencies the UK will respect the remit of the European Court of Justice" I thought that the whole purpose of Brexit was to have nothing to do with the European Court of Justice. If that is not now the Government’s position, it might be argued that the door of the ECJ has been opened, if only slightly. Perhaps it was too Delphic a sentence to attach much significance to, but it has not been the subject of further explanation As has already been hinted at, the consequence of leaving is that the United Kingdom will become, in European Union terms, a third country. That is relevant to the issue of participation in Europol and the European arrest warrant. It raises a number of questions—some of which are being legally disputed—about whether or not the kind of arrangement the Government appear to wish to achieve would necessarily involve the role of the European Court of Justice. There are strong arguments on both sides, but the matter remains uncertain Before I move on to the question of defence, perhaps I may make one last point on security. Everything in these debates seems to end up around Ireland in some way or another. Ireland is a foreign policy issue because the treaty is an international treaty lodged with the United Nations—and it is also an issue to which we must have regard in considering the question of security. As I understand it, the Government are considering the creation of a virtual border based on electronic means. At the same time, they are telling us that cybercrime is on the rise and is one of the principal issues which may have an impact on our security. If people can get inside the computer system of the Pentagon, I doubt they will find it too difficult to get inside any electronic border that we may create between Northern Ireland and the Republic On defence, it is quite true—unassailable—that NATO is the bedrock of our defence. But it is also true that in NATO and the European Union there is a more considered determination to provide much more co-operation. The two institutions had their head offices at the same time in Brussels and for years they would not speak to each other. Now, at the very centre of the policies of NATO and the European Union is a determination that there should be a higher degree of co-operation There has been discussion about the common defence and security policy but, although it now becomes an important element in the consideration of these matters, no one has yet mentioned PESCO. This is not a junior form of a place where you can buy your groceries but—I have reservations about the language—Permanent Structured Cooperation. Essentially, it is the countries of the European Union concentrating on co-operation on defence matters so as to ensure that collectively they might make a more substantial contribution to NATO. We are not members of PESCO—recently formed—and if we leave the European Union we will cease to be present at meetings of EU Defence Ministers and Foreign Ministers. We will no longer be involved in the decision making of the common defence and security policy. As a third party, our participation in operations will be at the discretion of the other member states. I see that as a highly deficient alternative to what we presently enjoy The security and defence consequences of our departure, as has been pointed out, were never properly discussed—any more than the political consequences. But this evening we are concerned with security and defence and there needs to be clarity. If the noble and gallant Lord, Lord Stirrup, had any responsibility for it, I am sure that we would have clarity. The reason there is no clarity is that no decisions have been made. That is why, when the Prime Minister at Munich said that this was an urgent matter and we must get on with it, it did not receive the kind of ready welcome she might have expected The amendment is essential if we are to cause—to force, if you like—the Government to come clean on what their proposals are: to go beyond the document published last September and to set them out in detail. It is a matter on which the European Union is anxious to have detail and I see no reason why it should not be public rather than private. That is what the amendment is designed to achieve and why it should be supported.