Business of the House

Debate between Baroness Hayter of Kentish Town and Lord Strathclyde

Thursday 4th April 2019 Lords Chamber

[Baroness Hayter of Kentish Town (Lab)]

My Lords, unconventional times call for unconventional measures. What are these times? The country faces the possibility of an exit from the EU without a deal; a disorderly exit that nobody wants. The Prime Minister does not want it, business and the CBI do not want it, the TUC does not want it, the House of Commons does not want it, and your Lordships’ House voted against a no-deal exit by a majority of 169. But the eventuality remains a risk, as we are constantly reminded, because that is the default legal outcome unless something else happens. That legal default—a crash-out no deal—would mean no transition period, the immediate introduction of tariffs, complete uncertainty for British citizens living in the EU 27, no European arrest warrants, security concerns and dire consequences for industry, to say nothing of the implications for Gibraltar or the island of Ireland.

We have received a Bill from the House of Commons that makes something else happen, and we are about to give it a First Reading. It would ensure that there is a legal requirement on the Prime Minister to seek an extension to the Article 50 period to prevent that default legal outcome coming to pass. However, the Bill, passed by the elected House, can have effect only if we deal with it today, so that it can receive Royal Assent in time for the EU Council to consider the application for an extension. To fulfil our duty to deal with a Bill sent by the Commons, we have to handle it today.

This is in compliance with the view of your Lordships’ House on 28 January, when we called on Her Majesty’s Government to take all appropriate steps to ensure that sufficient time be provided for this House to ensure the timely passage of legislation necessary to implement any proposition that had commanded the support of the majority of the House of Commons. That Motion was passed with a majority of 152.

The Commons has passed this Bill. It has expressed a clear view that no deal is unacceptable and that the situation is urgent. Regrettably, the Government failed to honour that Motion published by your Lordships. They should have tabled the Motion I am about to move, to facilitate and expedite the will of the elected House. Today, the Government still will not listen to the Commons—or to this House, which has voted to facilitate any Bill from the Commons. That is not leadership. The Government have lost the support of the Commons, and now refuse to follow your Lordships’ Motion.

[Lord Strathclyde (Con)]

My Lords—

[Noble Lords]

Sit down!

--- Later in debate ---

[Lord Strathclyde]

My Lords, the noble Lord, Lord Empey, has spoken with a good deal of sense. My understanding is that the usual channels had formally agreed to finish this Bill on Monday, and that that arrangement was withdrawn yesterday. The noble Baroness is shaking her head. I have 19 years’ experience of dealing with process and procedure in this House. One abiding rule is that once you do not involve the usual channels, it all goes wrong. That is exactly what has happened today.

I know the noble Baroness is about to speak. Can she explain why it is so urgent that we sit virtually all night to pass this Bill? We could do what all the precedents set have done, and have the Second Reading today and finish the remaining stages at the beginning of next week, asking the usual channels—the noble Lord, Lord McAvoy, and my noble friend the Government Chief Whip—to organise it. That would get rid of the nastiness that the noble Lord, Lord Empey, referred to. It would make for a far more rational debate, and the Bill would be completed—I recognise there is a majority for the Bill in this House—in plenty of time for whatever else happens next week.

[Baroness Hayter of Kentish Town]

My Lords, we are actually dealing with the amendment on whether we should have a committee report. I draw the attention of the House to the speech Mr Steve Baker gave late last night in the Commons. I do not know why I should pick on him at this particular moment—