Lord Howard of Lympne: My Lords, I too welcome my noble friend to his responsibilities. Does he recognise the inconvenient truth that it is almost impossible—perhaps entirely so—to deal with this issue without agreement with France going far beyond the level of co-operation to which he referred? Will he draw the attention of his ministerial colleagues to the agreement reached with France in 1995, under which it...
Lord Howard of Lympne: Does not the noble Lord think that it is slightly odd that his justification in law for supporting the Bill is not the Government’s?
Lord Howard of Lympne: My Lords, the effect of these amendments, whether one agrees with their precise wording, is to give the new Administration time to pause, to reflect, and to consider the best way of dealing with the issues that arise from the protocol. The new Administration need that time. There is no doubt that the way that the protocol is being implemented causes considerable practical difficulties for...
Lord Howard of Lympne: Is not my noble and learned friend rather missing the point? None of us has suggested that the doctrine of necessity plays no part in international law. What we are saying is that it is not justified by the Government’s approach in this particular instance.
Lord Howard of Lympne: My Lords, I am genuinely grateful for the opportunity to follow the noble Lord, Lord Dodds, for whom I have much respect, and indeed I have a good deal of sympathy with the concerns which he has expressed. But, as I hope to explain, this Bill is not the way to alleviate those concerns. I also echo those who have paid tribute to my noble friend the Minister and expressed pleasure that he...
Lord Howard of Lympne: If the Government wish to take action to remedy the situation the Minister has identified, why do they not take that action by invoking Article 16 of the protocol, which provides a perfectly legal route for such action to be taken?
Lord Howard of Lympne: My Lords, at this stage in your Lordships’ proceedings, it is not easy to say very much that is new. However, I want to echo in particular the words of the right reverend Prelate who led our prayers and the noble and learned Lord, Lord Judge, in suggesting that our mourning for the longest-reigning monarch in our history should be infused with a spirit of gratitude. For it is we, the people...
Lord Howard of Lympne: My Lords, I begin by discussing the Bill. For 27 years, I had the great privilege of representing in the other place the constituency of Folkestone and Hythe. That constituency contains many seafarers, many of whom suffered grievously from the deplorable action of P&O. I very much hope that the provisions in the Bill will ensure that action of that kind is not repeated, and I very much...
Lord Howard of Lympne: My Lords, will the Statement which my noble friend has promised on the Government’s legal position make it clear why they have come to the conclusion that these proposals are consistent with our international legal obligations, in contrast with the clauses in the internal market Bill?
Lord Howard of Lympne: My Lords, I begin by paying tribute to my noble friend Lord Tebbit, who has been such an inspiration to so many of us on the Government Benches for so very long. We were all deeply moved yesterday by the words of President Zelensky. I am sure his words will lead to further donations to the committee. Sadly, the torrent of words which have registered support for Ukraine has not always been...
Lord Howard of Lympne: My Lords, I apologise that I was not present during the Committee stage. The noble and learned Lord, Lord Judge, knows that I have great respect for him. We enjoyed working together in opposition to the Government’s Internal Market Bill. He was courteous enough to ask me my opinion of his amendment before he put it down. I told him that I would be unable to support it. The reason is the...
Lord Howard of Lympne: The noble Baroness and her friends cannot possibly give an assurance that a circumstance will not arise not precisely the same as that which occurred between 2017 and 2019 but in which a simple majority could not be obtained for an election, because a majority of the House of Commons was content to stymie and hobble the Government and keep them in place in that paralysed state, which was what...
Lord Howard of Lympne: With respect to the noble Lord—he knows I have great respect for him—I do not think that he was listening to what I have just said in answer to his noble friend. All this Bill does is to replace the bar of the two-thirds majority which the Fixed-term Parliaments Act provided with a slightly lower bar, but there is still a bar and it is perfectly conceivable that we could have a House of...
Lord Howard of Lympne: The answer to the noble Baroness is this: if legislation is put before the House of Commons and it fails because there is no simple majority for it, there is a simple answer—the legislation fails. You do not have a situation that could go on for years in which a Government remain in office in a state of paralysis because that is what a majority of the House of Commons wants. That is the...
Lord Howard of Lympne: Because our Government need decision. If you have a situation in which you have paralysis in the House of Commons, it is in the national interest that this should be resolved. The way in which it has traditionally been resolved and would now be resolved again if this Bill were passed would be by the Prime Minister asking Her Majesty, the monarch, to exercise the prerogative to provide a...
Lord Howard of Lympne: The noble Lord talks about a resolution, but what he previously said was that the courts could not be imagined challenging any decision that obtained a majority in the House of Commons. It was to that observation that I replied. There are many examples and I refer him to the Hansard of Monday’s debate.
Lord Howard of Lympne: My Lords, it is a pleasure to follow the noble and learned Lord, Lord Brown, with whom I crossed swords in the courts on a number of occasions many moons ago. I join others in welcoming the noble Lord, Lord Hacking, with whom I often debated in the Cambridge Union even longer ago. I shall restrict my remarks to the first part of the Bill. I should perhaps give an advance warning that I shall,...
Lord Howard of Lympne: My noble friend repeatedly emphasised during the course of his reply that the decision on these matters would be made by Ministers, but he will know, as we all do, that the decisions of Ministers are subject to judicial review. We have heard from no less an authority than the noble and learned Lord, Lord Etherton, that, without the language contained in Amendment 27 in particular, the risk of...
Lord Howard of Lympne: My Lords, David Amess and I entered the House of Commons together at the 1983 general election. He was my colleague and friend for nearly 40 years. He was, as so many others have said, a really lovely man. He was one of that select band of people who are truly life-enhancing. When you left a meeting with David, even a chance encounter, you felt happier and better than you had felt before. He...
Lord Howard of Lympne: My Lords, I believe that we were right to intervene in Afghanistan and wrong to withdraw. I say “we”, but of course the decisions to intervene and to withdraw were made by the Americans. We could not have gone it alone. The original decision to intervene was a reaction to the attack on America, the 20th anniversary of which we commemorate in a few weeks’ time. More recently, the...