Brexit Negotiations — House of Lords, 2017-12-11
Topic: International Affairs
Angela Smith (Labour, Centre-left): My Lords, I am grateful to the noble Baroness for repeating the Statement. I listened with interest when she said that there was now a new sense of optimism, because, if ever the term "political rollercoaster" was apt, it has to be now We welcome an agreement that—subject to this week’s European Council—allows the UK to proceed to the next stage of these talks, allowing exploration of what the future relationship will look like and providing certainty about how our exit will impact individuals, consumers and businesses. It is important now for negotiators not to have their hands tied by unhelpful and ephemeral red lines, but to keep options on the table. Swift progress on a time-limited transition, rather than implementation, is essential. We have always said that these negotiations are complex. On both sides, integrity and honourable behaviour are essential, as is competence. The Government must be serious in both intent and actions—and that is all the Government, not just some Ministers. There can be no freelancing on this and the Prime Minister has the right to insist that her Ministers back her Last week, many of us cleared our diaries for Tuesday in expectation of a Statement regarding an agreement on a deal with the EU that would allow us to progress to the second crucial phase of the Brexit negotiations. On Monday evening, it became clear, in the most spectacularly embarrassing way, that such optimism was misplaced, as the Prime Minister’s DUP colleagues who keep her in government would not support the arrangements. It is hard to understand how such a humiliating failure could have been allowed to happen. But then, after renewed and long, intensive discussions by the Prime Minister and her team, it was finally announced that the Government had reached agreement with the EU to move to phase 2. We welcome the fact that talks will move on. However, there is a fear that this seems to be unravelling quicker than a hand-knitted Christmas jumper Can the noble Baroness confirm the status of the agreement that has been reached? Yesterday the Brexit Secretary, David Davis, said that the agreement was not legally binding unless there was a final deal and that it was instead a mere statement of intent. Today, however, he said that the agreement is a legal guarantee that will be honoured whatever the outcome. Which is correct Is this agreement conditional or not? In all three areas—the honouring of obligations through the financial settlement, on citizens’ rights and the border with Ireland—there needs to be clarity on whether there is a genuine, lasting agreement or a possible agreement dependent on the next stage of negotiations and our future relationship with the EU 27. That has to be made crystal clear so that there can be no misunderstanding at any time. In her response the noble Baroness may find it useful to clarify the implications for this agreement of the phrase: "In the absence of agreed solutions", in paragraphs 49 and 50 of the joint report with regard to the border with the Republic of Ireland Given that the European Council has yet to formally accept the Commission’s recommendations, does the noble Baroness consider that the comments by David Davis will help or hinder in future negotiations? Even today he confessed on the radio that, "I don’t have to be very clever. I don’t have to know that much. I do just have to be calm". That does not seem to be a great strategy for proceeding. Across the country many businesses do not feel at all calm. They need certainty to plan for their future, and the Government have a duty to provide such certainty. Given that the Brexit Secretary is all over the place and hardly a safe pair of hands, can I seek assurances that there is now ongoing engagement with the European Parliament given its role in advising the Commission and the Council, and its power of veto on the withdrawal agreement The Prime Minister previously declined an invitation to address the European Parliament and recently had her session with its Conference of Presidents cancelled at the last minute due to political group presidents being unable to find diary space. Can the noble Baroness indicate whether the Prime Minister has scheduled a new meeting with representatives of the European Parliament given the importance of engaging with them? To return to a point made earlier, does the noble Baroness also agree that when continuing such negotiations it is unwise to set unrealistic red lines? The Commission’s communication to the European Council notes that "significant divergences remain" on future governance and enforcement and, specifically on the border between Northern Ireland and the Republic of Ireland, it questions the agreement regarding the border. On page 9 it says that the intention to avoid a hard border, "seems hard to reconcile with the United Kingdom’s communicated decision to leave the internal market and the Customs Union" I heard what the noble Baroness said regarding Northern Ireland. Can she tell us whether this is a commitment, an agreement or merely a statement of intent The Government’s future partnership paper outlined a number of potential dispute settlement methods without committing to or endorsing any of them. Can the noble Baroness tell us when we can expect the Government to commit to a specific approach On citizens’ rights, both the joint report and the Prime Minister’s open letter to EU citizens earlier today leave many questions unanswered. For example, when will this new independent national authority—I have never heard of it before—be created, and will separate primary legislation be required? It was not mentioned in the previous Queen’s Speech. Clearly, there has been some consideration of its role; how much will it cost? The noble Baroness spoke of significant amounts of money coming back to the UK that would not be spent in Europe, and I recall that significant financial savings of £350 million a week would be made available to the National Health Service. Can she tell us specifically how much of that will be spent on this new agency or authority The Prime Minister’s Statement talks of, "a fair and reciprocal deal that will guarantee the rights of more than 3 million EU citizens living in the UK and 1 million UK nationals living in the EU so they can carry on living their lives as before" Can the noble Baroness confirm whether this is absolutely accurate? The joint report makes no reference to preserving the ability of UK citizens living in the EU 27 to continue moving freely between those countries. For example, will a UK citizen working for a company in Frankfurt with offices based in Milan and Paris still be able to be posted to any of those offices to live and work or will it just apply to the country that they live in now Finally, in my lifetime there has been no more important negotiations for the future of this country than these. We need wisdom and thoughtfulness, not just wishful thinking. Take the events of the last week or so, particularly those over the weekend. Not only do they not inspire confidence for British business and in Parliament but, equally seriously, they may damage our reputation and standing with the other EU countries. When the noble Baroness is sitting round the Cabinet table with her colleagues later this coming week, will she read the riot act to squabbling, inconsistent Ministers? It is not just themselves and their party that they are damaging but the national interest.