Brexit: Case for a Second Referendum

Baroness Anelay of St Johns Excerpts

Thursday 7th July 2016 Lords Chamber

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, after what the Prime Minister described as one of the biggest democratic exercises in history, it is fitting that we have the opportunity to discuss questions arising out of the decision by the voters that the UK should leave the European Union. This is one of multiple opportunities. We have had two full days of debate, starting on Tuesday morning at 11.30, and there are some hardy individuals around the House today who took part not only in that but in today’s debate and sounded as fresh today as—if not fresher than—they did in the first debate. I have enjoyed every single word they said; even if I did not agree with half of it, I have certainly enjoyed it. It is the kind of debate that does this House proud. It is a good one.

Of course, I know that the result was not what many of us wanted or hoped and campaigned for. I am reminded by the noble Lord, Lord Grocott, about how one can be on the losing side. This is not the first referendum that I have had the opportunity to vote in, and I was on the losing side, but I am not using that as an argument to have another referendum and keep on trying. I will argue just the reverse.

The result was clear. By a margin of more than 1 million votes, 52% of those who cast their votes voted for the UK to leave the European Union. We can quote all the opinion polls we like, but the only one that counts is the ballot box, and it does count. It is an advisory matter—in law it is advisory—and the Prime Minister made that clear. But he also made clear his word that, if the British public, the Gibraltarians and all those who were qualified to vote said out, it would be out. Therefore, on the substantive text of the noble Baroness’s Motion, I would say that there will be no second referendum. However, I realise that what she has done is to extrapolate from that and say: “What I really want to do is to say: let us look at what happens next. What is the role of Parliament and what happens when we have a negotiated agreement? Should there be a referendum on that outcome?”. I will look at that relatively briefly, as this is a time-limited debate.

I was astonished to hear the noble Lord, Lord Lipsey, say that he hardly heard Parliament mentioned. “Gosh! Brass neck”, my mother-in-law might have said. If he had been here throughout the debates, he would have heard me and others mention the role of Parliament. It is crucial in this matter—utterly crucial, as I made clear last night. The Prime Minister said that Parliament will have a role, but it is also important that this House fleshes out what we see that role to be. Already, the Leader of the House has spoken to the chair of the European Select Committee to work out how we can best engage with this House. The chair of the European Select Committee has already had meetings with Oliver Letwin, who heads up the unit in Whitehall to provide information to the next Government about how we might go forward, and the noble Lord, Lord Boswell, has also spoken to David Lidington, the Minister for Europe. It is all in train, because Parliament is key to what happens next.

It is the case that there are different views about how Article 50 can be triggered. As I made clear last night, in law the Government alone can trigger the Article 50 process under their inherent prerogative power to conduct foreign affairs, which includes the power to withdraw from a treaty or international organisations. But there is a political decision to make and the Prime Minister said that we now have to look at all the detailed arrangements, and Parliament will clearly have a role in making sure that we find the best way forward. I realise that Parliament will have a variety of views, but I undertake to listen to the views of Parliament. That is provided that I am in this job, given that—who knows?—lots of things change over the summer, but I imagine that whoever is in my position will continue with that undertaking. We have already had debates responded to not just by Foreign Office Ministers but others who have given that same undertaking.

[Lord Lipsey]

My Lords, I am most grateful to the Minister. Will she now give a commitment that there will be no withdrawal from Europe without both Houses voting for the repeal of the European Communities Act?

[Baroness Anelay of St Johns]

My Lords, the noble Lord is taking me neatly into the next part of my remarks.

Perhaps I may first dispose of this issue. There is an argument that leaving could be achieved by an Order in Council, whereas others say that we need to repeal the European Communities Act. Last night, I pointed out that repealing the European Communities Act is the end of the process—it is not the beginning—because the only lawful route to leaving the European Union is through the procedures laid down in Article 50. That is absolutely clear. The report published in May by the European Union Select Committee of this House made it clear that that is the only lawful route; otherwise, if we were to go straight ahead and repeal the European Communities Act, we would be in breach not only of EU law but of international law. This proud country does not breach international law; that is not our plan. There is a process that one needs to go through, but it naturally will involve seeking advice from Parliament. What that will be is now a matter for Parliament to advise on, and getting that advice has been part of the process over the past two days.

We had some tremendous contributions to the debates. For example, my noble friend Lord Lawson suggested with regard to the European Communities Act that there could be an early introduction of its repeal but with the equivalent of a sunrise clause within it so that implementation of the repeal could be delayed. There are lots of ideas that can be brought forward on these matters.

I turn to a matter raised by the noble Baroness which is different from the text of her Question on the Order Paper. She feels passionately that, after a negotiation and once we have reached a position where the Government feel that they have achieved an outcome that is in Britain’s interest, at that stage we should put that decision before the public. Other noble Lords have pointed out some of the holes in that argument. This last referendum put before the public, for the remain side, the negotiated outcome, and yet we are now being told by the noble Baroness, or certainly by others, that people did not know what they were voting for. We are now being told, “Let us bring forward a full negotiated package and we will then put that package before the public”. My concern is that, if the public say that they do not agree with that, there would be an attempt to rerun and rerun. There is a core issue here that we have to be really worried about, which is that as politicians we must re-engage with the public. They have shown that they distrust the political elite. We will increase that disgust if we keep saying to people, “Keep on voting until you do what we want”. That is not the way we operate. I know that it is not what the noble Baroness wants, but I think that that is the implication behind her argument.

[Baroness King of Bow]

My Lords—

[Baroness Anelay of St Johns]

Perhaps I may continue, because the debate is time limited. Some of the previous speeches overran, although not by much—noble Lords have been terrific in how they coped with that.

Perhaps I may put another point. Let us say that we reached a position where, at the conclusion of a negotiation, the Government of the day decided that they did want to put the agreed package before the public in a referendum. Let us say that, at that stage, Parliament agreed to such a referendum—there has to be an Act of Parliament for that, with all the conditions that apply, and we know of the resistance to referendums and whether they should be used for the precise purposes that the noble Baroness has outlined. However, let us say that there is then a referendum. Would it be a binary choice? We need to think about that further after this Question for Short Debate, because the noble Baroness has raised some interesting issues. Is it really binary? What if the public say, “No, we don’t want that, but we don’t want to stay in”, because at the time when the choice was put to the public we would still be a full operating member of the European Union, which we are this minute, this day and this year. Or is there a third option, which is, “Go back and try again”?

[Baroness King of Bow]

My Lords—

[Baroness Anelay of St Johns]

Perhaps I may finish what I am saying. We must remember that we are reliant on the fact that it is the 27 other members of the European Union who will decide, first, whether the agreement is one that they can agree to, and secondly, how long it may take. Asking to negotiate first for an extended period beyond two years is an interesting idea. It is novel and I am not against the novel, but I like my novels to have some element of reality in them as well. We cannot predict what the result would be.

I have two minutes left, so I shall give way to the noble Baroness.

[Baroness King of Bow]

I completely agree with the noble Baroness and others who have said that we must not treat the British people in a condescending way. They can make up their own minds—absolutely they can. But you cannot say that on the one hand and then say, “Ah, but what happens in two years’ time? It might be too complicated for them”. I am saying this: do not curtail democracy; enhance democracy; let the British people decide when they know the decision that they are actually taking.

[Baroness Anelay of St Johns]

My Lords, when the British public know what the deal is, the question will be this: what will be on the paper offering the options? I am trying to point out the unreality of the proposal being put forward by the noble Baroness, given that the other 27 member states would look on in astonishment at this pick ’n’ mix option that she is proposing.

But overall what I would say is that, while democracy can give us a kick in the teeth, my goodness it is better than any alternative of governance that I know, and I am proud of the role that this House plays in it.