My Lords, I am delighted to follow two noble Lords from Scotland—the noble Lords, Lord Forsyth and Lord Reid. I warm more to the comments of the noble Lord, Lord Reid, at the end of his speech, which point a way forward. We have also heard a number of valuable contributions from Wales in the debate. In this long debate the most poignant moment for me, as for the noble Baroness, Lady Smith, was the contribution of the noble Lord, Lord Butler of Brockwell. He said:
“Clause 1 of the Bill … strikes a dagger to my soul”.—[Official Report, 30/1/18; col. 1411.]
That touched a nerve for many of us and I often wonder, as did the noble Lord, Lord McNally, how I should look into the eyes of my grandchildren when they ask, “How could we have allowed the tragedy of Brexit to occur?”.
There is some merit in coming 186th on the list if one is a Plaid Cymru Peer. There is just the possibility of a few things not having been said, so perhaps I may put forward Plaid’s viewpoint on some of these matters. We regard Brexit as a political disaster for both Wales and the United Kingdom but as democrats we accept that the voters of Wales, for diverse reasons, chose to leave the EU. While there may be a mandate to leave the EU, there is no mandate whatever for any specific new relationship with Europe or the world. So while
I accept that the Bill should have a Second Reading I reserve judgment on its Third Reading, depending on how it is amended between now and then.
I accept the need for continuity legislation to avoid uncertainty about the fundamental rights of citizens, employees and consumers; and what trade rules apply when Britain leaves the EU. As all existing EU regulations will automatically carry over on 30 March next year, the Bill in fact accommodates an ongoing relationship with the customs union as a possibility. The Prime Minister, in her Lancaster House and Florence speeches, spelled out four considerations to which several noble Lords have drawn attention. What was spelled out is, first, that nothing is agreed until everything is agreed; secondly, that the Government are hell-bent on quitting the EU on 29 March next year, deal or no deal; thirdly, that no deal is better than a bad deal, however defined; and the fourth consideration is the irrevocability of Article 50 and a precise exit time, regardless of negotiations and whether Parliament has had time to approve any last-minute deal. If there is no deal because of last- minute complications, chaos would reign. We must consider the Bill’s robustness for such circumstances.
Other legislation may deal with the transition period or what practical difficulties might arise, although there are also implications for this Bill. The real dangers arise from giving Ministers Henry VIII-type powers. If the Bill goes through in its present form, can we adjust our order-making procedures to allow both Chambers to amend statutory instruments, and have the devolved Administrations agreed how they would handle these matters?
In that context, as the noble Baroness, Lady Finlay of Llandaff, the noble and learned Lord, Lord Morris of Aberavon, and the noble Lord, Lord Thomas of Gresford, observed, Clause 11 is wholly unsatisfactory. Political parties in all three devolved territories have stated that it is not acceptable. The Government recognised this during Commons debates but failed to bring forward amendments on Report. Why was there the delay? Clearly, there must be mechanisms to avoid market distortion within the UK unitary market. Some have proposed a statutory UK council of Ministers. If that were to transpire it must be a council of equals, not a consultative fig-leaf. The lack of progress on this matter is causing immense frustration in Cardiff, as in Edinburgh. It is feared there that the UK Government are using Brexit to roll back areas of devolved responsibility. Two weeks ago, the National Assembly in Cardiff voted unanimously for Wales to have its own continuity Bill, so that all powers returning from Brussels which relate to devolved matters will automatically transfer to devolved competence. Every party, including the Conservatives and even UKIP, supported that resolution.
Another question is how the final deal will be ratified. Both Houses of Parliament and the devolved Assemblies should be required to ratify it. It is essential that the deal includes some new type of relationship that allows ongoing trade between the UK and the European mainland, particularly for manufacturers and agricultural products.
An EEA-type customs union relationship might be an acceptable compromise. It would probably resolve the difficulties in respect of Gibraltar as well as Ireland,
to which the noble Lord, Lord Hain, spoke so forcefully yesterday. If, however, by the Government’s self-imposed deadline, negotiations fail to reach a deal and we look over that horrible cliff edge, the consequences will be devastating. In those circumstances, the people must surely be asked if that is really what they voted for in June 2016. The people have the right to change their mind. They should have the final word on any hard Brexit, by way of a confirmatory referendum. If the voters then rush over that cliff edge, so be it; but if, in that new dawn of stark reality, they decide, “No, that’s not what we want”, then their judgment should be respected and we should step back from this whole sorry saga.
I shall not vote against Second Reading, but I shall put down amendments to give MPs a chance to think again and, even more importantly, as the noble Lord, Lord Reid, said, to give a hook for the other Chamber to address these issues. I only hope that the other place will, by then, have found the courage to make a stand and be counted on such momentous decisions.
9.26 pm