12:24 - Division on Lord Pannick’s Motion - Ayes: 244 / Noes: 119 - Lord Pannick’s Motion agreed.
12:39 - Division on Lord Forsyth’s Motion to resolve into a Committee of the Whole House - Ayes: 94 / Noes: 254 - Lord Forsyth’s Motion disagreed.
13:09 - Division on Lord Warner’s Motion - Ayes: 227 / Noes: 111 - Motion that the Question now be put agreed.
13:21 - Division on Lord Forsyth’s amendment to the Motion - Ayes: 123 / Noes: 251 - Lord Forsyth’s amendment to the Motion disagreed.
14:39 - Division on Lord Foulkes of Cumnock’s Motion - Ayes: 249 / Noes: 97 - Lord Foulkes of Cumnock’s Motion agreed.
14:49 - Division on Lord True’s amendment to the Motion - Ayes: 122 / Noes: 248 - Lord True’s amendment to the Motion disagreed.
15:40 - Division on Lord Warner’s Motion - Ayes: 229 / Noes: 77 - Lord Warner’s Motion agreed.
15:52 - Division on Baroness Noakes’s amendment to the Motion. - Ayes: 106 / Noes: 234 - Baroness Noakes’s amendment to the Motion disagreed.
16:25 - Division on Lord Scriven’s Motion - Ayes: 223 / Noes: 79 - Lord Scriven’s Motion agreed.
16:38 - Division on Viscount Ridley’s amendment to the Motion. - Ayes: 104 / Noes: 223 - Viscount Ridley’s amendment to the Motion disagreed.
17:30 - Division on Lord Strasburger’s Motion. - Ayes: 239 / Noes: 62 - Lord Strasburger’s Motion agreed.
17:44 - Division on Lord Robathan’s amendment to the Motion - Ayes: 61 / Noes: 238 - Lord Robathan’s amendment to the Motion disagreed.
18:14 - Division on Lord Hamilton’s amendment to the Motion - Ayes: 62 / Noes: 235 - Lord Hamilton’s amendment to the Motion disagreed.
The Lord Speaker (Lord Fowler)
The original Question—I hope the noble Lord, Lord Empey, can hear me—was that this Motion be agreed to, since when an amendment has been moved to leave out from “move” to the end and insert the words as set out on the Order Paper. The Question I now therefore have to put is that this amendment be agreed to.
The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)
My noble friend Lord Forsyth’s amendment gives me the opportunity to speak both to the amendments tabled to the Business of the House Motion and to the Motion itself.
I regret that we find ourselves in this position today, and I believe that there are concerns around all corners of this House regarding the precedent that the European Union (Withdrawal) (No. 5) Bill has set in the House of Commons. I am extremely disappointed that we are now facing a similar attempt to force that approach on this House. This House gets its legitimacy not from its composition but from the performance of its role. As Leader of the House, I have the responsibility within government to ensure that this House’s role is respected in the way that the Government ask it to consider legislation. In these unusual circumstances, where the Commons has passed legislation which is not supported by the Government, today this is the responsibility of those promoting the Bill.
When the Government seek the expedition of a Bill, we include the Explanatory Notes, including notes on the case for it to be expedited. Unfortunately, there appear to be no such Explanatory Notes today, which does not aid our consideration of the Bill. The amendment in the name of my noble friend Lord Robathan notes the irregularity of the position we find ourselves in. The amendments in the names of my noble friends Lord Hamilton of Epsom and Lord Blencathra raise the roles of the Constitution Committee and the Delegated Powers and Regulatory Reform Committee, and I have sympathy for all three of these amendments.
However, to avoid any accusations of hypocrisy from these Benches, I must acknowledge that there are situations where this House has to take decisions on legislation without the guarantee that our Select Committees will be able to produce reports. I know that the Government, and past Governments, have not always covered themselves in glory on those points, as noble Lords have regularly pointed out. Therefore, Ministers will not be taking part in Divisions on the amendments in the names of my noble friends Lord Hamilton or Lord Blencathra. The amendments in the names of my noble friends Lord Forsyth, Lord Ridley and Lord True argue that the Standing Orders should apply to the Bill in the normal way. This is the view of the Government, and we will therefore support these amendments.
On Tuesday evening, the Prime Minister set out the Government’s next steps, including her intention to seek a further extension under Article 50. A European Council meeting is scheduled for Wednesday 10 April, at which this request will be discussed. I am therefore in full agreement with the amendment in the name of my noble friend Lady Noakes. The Government see this legislation as unnecessary to achieve such an extension with the European Council.
Because of the speed at which this legislation is being considered, we have genuine concerns that this Bill could tie the hands of government and, in fact, be contrary to its stated objectives, as my noble friend Lord Forsyth rightly pointed out. The Bill creates a process whereby, if the European Council proposes an alternative date on 10 April, we would need to come back to Parliament the following day—Thursday 11 April —to get its agreement to that alternative date. By this point the Council would be over. The leaders of the other member states would have gone home and it would put us in the position of potentially having to try to agree a further extension with the EU through correspondence in the 24 hours leading up to our departure on 12 April. I simply do not believe this is a sensible or desirable process. On that basis, the Government’s position is the same as that stated yesterday by the Secretary of State for Exiting the European Union. We will be opposing this Bill again today.
Many noble Lords have commented today, and on other occasions, on the lack of scrutiny legislation often receives in the House of Commons. I ask noble Lords to think carefully before they vote in favour of the Motion of the noble Baroness, Lady Hayter, which would indicate that, although small, this significant piece of legislation should require only two days of parliamentary debate across both Houses. If, after amendments have been disposed of, the noble Baroness presses her original Motion to a vote, the Government will oppose it, as we did in the House of Commons.
Motion
Lord Young of Cookham (Con)
My Lords, before we move on to the next amendment, I gently remind your Lordships of the guidance in the Companion that speakers are expected to keep to within 15 minutes.
Amendment to the Motion