Further Discussions with the European Union under Article 50 of the Treaty on European Union — House of Lords, 2019-02-27
Topic: International Affairs
Richard Keen (Conservative, Centre-right): I see no need to do that in the circumstances, but many would regard that as an outrage in the context of the democratic traditions of the cantons of Switzerland I appreciate that the noble Lord, Lord Kerr of Kinlochard, is deeply attached to the idea of the EU and would not easily give it up. I think he may be an alumnus of the Glasgow Academy—its motto is "serva fidem", or "keep the faith". Certainly, he intends to do so, even in the face of the result of the referendum itself Turning to the observations of my noble friend Lord Hailsham, I regret to say that his proposition regarding the revocation of Article 50, for the purposes of contemplating a future and final referendum, is unworkable. The European Court of Justice made it clear in the Wightman decision that Article 50 could be revoked only in circumstances where the relevant member state intended to remain, without qualification, in the EU for the future, and could not be revoked in good faith for other purposes. Therefore, that proposal is not workable The noble Baroness, Lady Bull, observed that there might have been some deficit in the references to women’s rights and interests in our extensive debates on this matter. I will not challenge her on that, but I observe that the UK—not just the EU—has sought to lead the way in establishing clear, unequivocal grounds for gender equality and other equality issues. These are values we wish to see maintained after we leave the EU, and they are already enshrined in retained EU law, but we have that in mind My noble friend Lady Wheatcroft asked whether future trade deals would be scrutinised by Parliament. There are mechanisms already in place by which international treaties which the Executive propose to enter into may be the subject of scrutiny by Parliament, and they may be considered further in the context of Brexit. That remains the position The noble Lord, Lord Hannay, in his sunny way, referred to leaving on 29 March as a reckless gamble. With respect, it is not, and I share the confidence expressed by my noble friend Lord Howell that the Prime Minister’s deal—the withdrawal agreement—will be approved by the House of Commons when it comes to a vote on 12 March or earlier. Sharing that confidence, I do not consider that we are indulging in what was termed a reckless gamble. He also raised the question of where tariffs on beef and other agricultural products will be levied in Ireland. The answer is that there are many schemes by which that can be dealt with, without the erection of a hard border. As he is aware, various parties are looking at various schemes at present in that context Regarding the commitment to a referendum by the Labour Party, the noble Lord, Lord Liddle, observed that it took us to the issue of what the question would be, one which he regards as extremely complex, requiring careful consideration, and which he does not appear to regard as having been resolved by Mr Corbyn’s fellow shadow Cabinet members. That will be an issue The noble Lord, Lord Anderson of Ipswich, asked a series of questions. First, I agree that a three-month extension would not be sufficient to arrange and carry out a second referendum. No one would take issue with that, but then we do not propose a second referendum. Secondly, could we take part in the EU elections if we had a post-June extension? No, because we have already repealed the relevant domestic legislation for the purposes of having that election. Thirdly, the noble Lord’s point that the EU Parliament could sit without the UK having had an election to the European Parliament is correct, because there are circumstances in which the Parliament will sit when one or more member states has declined to carry out the relevant electoral process. Clearly, as he indicated, the EU Parliament could not be held to ransom in those circumstances. The Parliament and its other institutions would continue to function, albeit without the direct representations of UK MEPs in such circumstances Finally, I thank all noble Lords for their contributions to the debate—