European Union (Withdrawal) Bill

Debate between Baroness Hayter of Kentish Town and Lord Fairfax of Cameron

Report: 4th sitting (Hansard): House of Lords
Monday 30th April 2018 Lords Chamber

[Lord Fairfax of Cameron (Con)]

My Lords—

[Baroness Hayter of Kentish Town (Lab)]

My Lords, I think we have now heard, especially if what has been said is true, that the House will be more in favour of the amendment than against. The balance of speakers now is possibly to allow one speech in favour of the amendment.

It is a bit of a shame as I wanted to follow the noble Lord, Lord Dobbs, because it is always such fun. The only disadvantage of him being in the House is that he is not writing another television play. Please go back to doing that. The uproar in the Commons which the noble Lord mentioned—I am afraid he cannot stand up again—can be in another play.

These are serious issues and I cannot agree more with what the previous speaker has just said. It is about allowing for the deal to be negotiated—the best deal for this country, we hope—and then for it to come to Parliament. This is not, as the noble Lord, Lord Howard, said, about creating a constitutional crisis; nor is it about asking the Commons to become a negotiator, as someone said. It is to ask the Commons and Parliament to decide whether the outcome of the negotiations is good enough for the country. That does not seem too much to ask.

As for the noble Lord, Lord Lamont, worrying that it will somehow affect the negotiating timetable if our negotiators have to come back to Parliament, that, of course, is exactly what is happening on the other side because the negotiator Monsieur Barnier has to go to his Parliament—the European Parliament—to get it through there. We could see that one side has to go to a Parliament to get the deal approved but not ours. I really do not see that the timetable is quite a problem.

We always feel very sorry for the Minister—and me—on these long days because we do not get any lunch. Today I gather he got absolutely none because he was on the radio at lunchtime. What did he say? He said that the amendment was about overturning what the people decided in June 2016. That is not what it is about. It is about asking the Government to put the results of their negotiations to Parliament. It is quite hard to see why the Government, or the noble Lord, Lord Howard, and the others, are so worried about it. What do they have to fear—that the deal will not be good enough?

We support the amendment, which is quite simple but has to be written quite complicatedly because we are trying to get it right. It is to put into law the undertaking that the Prime Minister gave that both Houses of Parliament would have a vote on the outcome of the withdrawal negotiations. There are five reasons for supporting it. First, as with Article 50—but this time without having to go to court—it is to ensure that the withdrawal agreement is put into statute by Parliament because a mere Motion, which is what we have been offered, has no force of law. In fact, I doubt that it is even, in the words of Article 50(1) of the treaty, in accordance with our “own constitutional arrangements”, which is what is required.

Secondly, the votes in Parliament must be meaningful. That means that they need to be effective, but also that there must be a real choice and that the outcome must be binding on the Government. Particularly for the House of Lords, it would be meaningless, if the Commons voted yes to the deal, if we were then asked to vote. If we wanted to vote no, we would know that it would not be binding and that the Government were going to ignore it—it would not matter what we did, so we might as well follow the Commons. Or, if it was binding on the Government, we would be in the difficult position outlined by my noble friend Lord Grocott. If, as an unelected House, we wanted to vote no, we would risk overturning the elected House. My judgment is that in those circumstances we would have to vote yes regardless of what we thought of the deal. That would be a meaningless vote.

Thirdly, the votes in both Houses must offer a reasonable choice. It would, I suggest, not be meaningful to vote either to exit on a deal if we think it is poor, or else to crash out on no deal—that is, on even worse terms: WTO terms, no safeguards for UK citizens abroad or, indeed, EU citizens here, a hard border in Ireland and no transition period. That is Hobson’s choice. It is true that last week David Davis suggested that there might be a third option—perhaps extending Article 50—but without it, if we simply have the deal on the table or a cliff edge and off, that is not a meaningful vote.

Fourthly, as has been said, the promised vote is currently only on a negotiated withdrawal deal. It gives no role to Parliament over a decision by the Government to walk away without a deal—again, with WTO terms, no safeguards for our UK citizens living in EU countries nor EU citizens here, a hard border in Ireland and no transition period. That cannot be something that the Government decide without Parliament.

Lastly, the promised vote says nothing about the consequences of a rejection of the withdrawal deal, or of the no deal that we heard about earlier. As we have heard, the amendment, in its different ways, answers all those shortcomings. It puts the vote into law. It removes a Lords’ veto that would otherwise make our vote meaningless. It extends the vote to a no-deal situation, and it signals what must happen should the deal be rejected or there is no deal; that is, the House of Commons must then decide the next step. I commend the amendment to the House.

[Lord Fairfax of Cameron]

My Lords—