Northern Ireland (Executive Formation etc.) Bill

Debate between Baroness Butler-Sloss and Baroness Deech

Ping Pong (Hansard): House of Lords
Monday 22nd July 2019 Lords Chamber

[Baroness Deech (CB)]

My Lords, I have two simple questions which I hope can be clarified by those who are in favour of remain. First, how on earth can this amendment from the Commons prevent a Dissolution of Parliament if there is a call for an election? There is no way that Parliament could be re-summoned if an election were called in the early autumn and the period of Dissolution covered October. Secondly, the amendment from the Commons misses the point. We could meet and talk right through August, some have said, and right through September and October, but unless something is done to remove the date of 31 October, the default position is that we leave on 31 October. There is nothing that this Parliament can do about it because any attempt to postpone that date rests in the hands of the European Union. We are not sovereign in that respect. Only if the European Union agreed to an extension could that default position of 31 October be removed; therefore, the amendment coming from the Commons is pretty pointless.

[Baroness Butler-Sloss (CB)]

My Lords, I will make two short points. First, Northern Ireland is as affected as the rest of the United Kingdom if we crash out on 31 October. Secondly, this is not an issue between leavers and remainers; it is an issue of whether we crash out or leave the European Union with a deal. It is important not to muddy the waters over leavers and remainers, when this is a separate and terribly important issue.

Northern Ireland (Executive Formation) Bill

Debate between Baroness Butler-Sloss and Baroness Deech

Report stage (Hansard): House of Lords
Wednesday 17th July 2019 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, it seems to me that it does not matter whether one supports leaving the European Union permanently or remaining in the European Union. That is not the issue before the House. The issue is whether Parliament should be allowed a say on whether we leave by crashing out, leave with a deal or do not leave. It does not, in a sense, matter which of those three situations it is. What matters is that Parliament has a voice. For that reason, I support this amendment.

[Baroness Deech (CB)]

My Lords, they say that Brexit drives people crazy and I think there is something in this. It certainly makes people cerebral. May I put forward a few general points? First, it has been said that Her Majesty might be embarrassed by such a request. Her Majesty has been on the Throne for 70 years or so and faced many a constitutional crisis. I think she would survive.

Secondly, be careful what you wish for. Suppose we pass this amendment requiring Parliament to meet in October. It is not for the benefit of Northern Ireland. I feel rather sorry for the people of Northern Ireland, who are being used as a sort of wedge in a door—not for their benefit. Suppose there is a general election in the meantime. Suppose there is a vote of no confidence in the Commons. Is it seriously considered that requiring Parliament to meet in October would take precedence over these other events, which may very well occur in the next few weeks? If there is a general election before October, what will happen to the will of some that Parliament should meet in the run-up to the possible leaving of the European Union? If there is a vote of no confidence, the same thing might well happen.

It seems to me that the constitution is not clear on what motives have to lie behind the call for a general election, the call for a vote of no confidence or the Prorogation of Parliament. It is a somewhat ambiguous area. The speculation about this has led people to believe that it is better placed in the hands of the judges than of politicians. That may well be. I am not disputing for a moment that the rule of law is upheld by judicial review and allowing judges to decide. However, where an issue is as ambiguous as this, noble Lords should realise what they are doing in putting these decisions in the hands of judges, who might very well be summoned to meet in a great hurry; the issue would then be rushed all the way through the courts. We would be leaving it to judicial wisdom.

A great deal may happen between now and the end of October. It worries me that we should be using parliamentary procedure in this way. It would be an unfortunate precedent. As I said, think about Motions of no confidence; think about a general election and the assumption, so readily made, that the notion of Prorogation would be a terrible breach with everything that has ever happened in the 1,000-year constitution of this country.

Moreover, the action of judicial review, which is already being talked about in this House—somewhat prematurely—will depend on one wealthy individual bringing that action. Suppose there is a vote of no confidence and by some method the Queen is advised that Mr Corbyn should be summoned to form a Government. Unfortunately, I cannot afford the services of my noble friend Lord Pannick, but I am sure there are those among us and in the country who would say that the possibility of a Prime Minister widely regarded as an anti-Semite was a constitutional outrage and must be judicially reviewed.

I beg noble Lords to consider what sort of precedent might be set by using the people of Northern Ireland, speculating on what might happen with judicial review and not allowing the normal course of events to continue. To support this amendment will have repercussions way beyond what we might expect this afternoon.

European Union (Withdrawal) Bill

Debate between Baroness Butler-Sloss and Baroness Deech

Monday 19th March 2018 Lords Chamber

[Baroness Butler-Sloss]

My Lords, from bitter experience as a family judge, I am aware how difficult it is for the mother of children—and occasionally the father; it is not always one-way—to get an effective maintenance order. I am not talking about Brexit at all, but one of the current benefits of the EU is the ability to follow an order made in an English court in another EU country, and the equal ability of the other 26 countries to follow an order into an English court. This is the absolute ultimate of good reciprocity. That is at enormous risk as we leave the EU. It is one issue that the Government must address alongside the reciprocity on divorce and other issues that we discussed earlier, and see that the good of this very good interchange between the 27 countries of the EU is not lost post Brexit.

[Baroness Deech (CB)]

Will the existing Hague convention on maintenance cover the situation? From what I have learned there are dozens, if not hundreds, of other states with which we have reciprocal arrangements for enforcing child maintenance. Some say that once we leave Europe, and leave the Brussels conventions, it will be simpler. We will simply have one international regime. There are those who say that it is actually better than the Brussels regime. All we need to do is sign up as an individual member—not as an EU member—of the Hague maintenance convention with its advantages stretching all around the world. I would like to be reassured that that will be just as good as the situation that we have at the moment.

I also support other Members in pointing out how very bad child maintenance law is at the moment in this country. It is very difficult to enforce in England, let alone elsewhere, but this is not the time to go into the great failings of that particular area of the law. We need to know whether the Hague convention will do, and whether we will sign up with the necessary three months’ notice before we exit from the Brussels conventions.