My Lords, Amendment 142 is very ambitious and I am grateful to my co-signatories for their support. It is designed to assert the role of Parliament in the approach that the UK Government adopt to the future relationship of the UK with the EU. At the moment, where does Parliament stand on this vital future relationship? It has won the very welcome right to have a meaningful vote on any final deal that emerges from the talks, but it is conspicuously silent on the approach that the Government are taking to the talks on our future relationship. The amendment—noble Lords will see why I term it “ambitious”—is designed to claim the right of Parliament to have a meaningful vote as soon as possible on that approach, and, in effect, to give a mandate to the UK’s negotiators on the lines to follow.
Critics may justly say, “You’re a bit late; the talks are already starting”. Indeed, it is true that we are a bit late in addressing this question. But it was only 10 days ago that the Prime Minister gave her Mansion House speech, and only a couple of weeks since the Cabinet meeting at Chequers that managed to patch up at least some elements of a common position to take to the talks—and, I would guess more importantly, managed to pacify different wings of the Conservative Party. Many of us consider the position adopted to be unrealistic, wishful thinking and a pick and choose à la carte menu of what we like and what we reject. I fear that it is a fantasy to think that it will get anything other than short shrift in the forthcoming talks.
Other critics of this proposal might say that for Parliament to establish a mandate is unconstitutional, and might quote the convention that the Government cannot be instructed in how to conduct themselves when they are involved in international negotiations. But in fact it would not be unprecedented in recent times, because Parliament stepped in and intervened
powerfully on certain occasions in recent years. In 2003 the Government sought a mandate for military intervention in Iraq, and more recently Parliament refused to sanction military action in Syria.
The decision on our future relationship with the EU us just as momentous as a declaration of war. So, to coin a phrase, it is time to take back control. “Take back control” was a powerful slogan in the referendum campaign. It should be equally powerful in this House and the other place now. Our future relationship with the EU is too important for us in Parliament, especially those in the other place, to play the part of spectator: too important for jobs, too important for prosperity, too important for peace, too important in relation to the Irish border question, too important for our future dealings with Russia—an issue that is very much in the headlines and on the front pages today.
As an aside, the importance of a close relationship with the EU is underlined by the present rupture with Russia. If economic sanctions are to be ramped up, it would be necessary for the EU to be involved because the EU is by far Russia’s biggest trading partner—as, of course, it is ours. The uncertain response so far of the United States to the Salisbury outrage contrasts with the solidarity from the EU and underlines the need for us to maintain a close and warm relationship with it.
Frankly, I do not know where a meaningful vote in Parliament on a mandate would lead. The position of the Front Benches would no doubt be key, as it was in the vote on triggering Article 50. It is possible that a vote could endorse the Government’s position, as set out by the Prime Minister in the Mansion House speech: ruling out membership of the single market, the customs union and any role for the European Court of Justice. That could happen—or a meaningful vote could perhaps lead to an insistence on a clean, sharp break and a switch to trade on WTO grounds. Or it could, as I would certainly prefer, aim for the UK to stay in the European Economic Area, perhaps via membership of a strengthened EFTA, thus retaining membership of the single market and the customs union. That would make us more than just a mere rule-taker. It is not an ideal position, but I believe it to be the best of the options available.
Additionally, I would favour using our existing powers—as, for example, do Belgium and Germany—to exert more control on migration. I also draw the attention of the Committee to new proposals from Brussels to ensure that the terms of employment of migrant posted workers do not undercut those of resident workers. We could have done with that three years ago.
Whatever the outcome of a meaningful vote on a mandate, Parliament would have spoken on the future relationship and not left these crucial matters solely in the fumbling hands of the Cabinet. After such a vote, it would be incumbent on all of us to get behind the decision, for better or for worse, and to make it work for both the UK and the EU. My message to this House and the other place is: assert yourselves. Do your democratic duty. Uphold the sovereignty of this Parliament before it is too late to do so.