European Union (Notification of Withdrawal) Bill

Debate between Baroness Kennedy of Shaws and Lord Lawson of Blaby

Report stage (Hansard - continued): House of Lords
Tuesday 7th March 2017 Lords Chamber

[Baroness Kennedy of The Shaws]

At the end of the process, there is going to be a need to come back before Parliament. That has been acknowledged by the Prime Minister and other Ministers and I understand that an undertaking has been given. Like the noble Viscount, Lord Hailsham, I believe that having it in statutory form is the best way for us to know exactly what is on offer, but I have heard repeatedly from Ministers that the option of walking away involves no need to come back before Parliament. I asked the question directly of the Minister, the noble Lord, Lord Bridges, and I have heard it said by other Ministers in Select Committee. All I am saying to this House is that that is why this amendment is so important, even if no negotiation deal comes back before Parliament because no deal means WTO and WTO has implications for citizens of this country with regard to their rights.

[Lord Lawson of Blaby]

My Lords, as my noble friend Lord Hailsham—

[Lord Finkelstein]

Did the noble Baroness finish? I wanted to intervene on her.

--- Later in debate ---

[Baroness Kennedy of The Shaws]

It is notification of withdrawal; it is not a withdrawal Bill.

[Lord Lawson of Blaby]

My Lords, as I was saying, as my noble friend Lord Hailsham, whose father I greatly respected as a colleague of mine in government, has reminded us, the reason we are debating this proposed new clause today is that the noble Lord, Lord Pannick, who moved this amendment, convinced first the High Court and subsequently a majority of the Supreme Court that a Bill is needed and that the Government’s intention to rely on the prerogative will not do. His argument was clear, and I think it will be helpful if I remind the House of it by quoting his words before the High Court:

“my case is very simple. My case is that notification is the pulling of the trigger and once you have pulled the trigger, the consequence follows. The bullet hits the target. It hits the target on the date specified in Article 50(3). The triggering leads to the consequence, inevitably leads to the consequence, as a matter of law, that the treaties cease to apply”.

In short, the very act of invoking Article 50 inexorably leads to Brexit two years later. This was the principal basis on which the courts decided that the Government were wrong to rely on the prerogative, yet the proposed new clause appears to say exactly the opposite. It says that there is no inevitability at all. Triggering Article 50 does not “inevitably”—in the own word of the noble Lord, Lord Pannick—lead to Brexit, for the explicit purpose of the proposed new clause is to ensure that even when Article 50 has been invoked, if Parliament disapproves of the outcome of the negotiations it can stop Brexit happening. Indeed, as a number of speakers have pointed out, on the strict interpretation of the proposed new clause, your Lordships’ House alone can prevent Brexit since the approval of both Houses is required. I do not want to go down that avenue because I have not time.

I have the greatest respect for the noble Lord, Lord Pannick, as an exceedingly clever lawyer who deploys his cleverness with considerable charm. However, is it possible for even him to have his cake and eat it? Might this not be too clever by half? The real mischief—