Business of the House

Debate between Baroness McIntosh of Hudnall and Baroness Hayter of Kentish Town

Wednesday 30th December 2020 Lords Chamber

[Baroness Hayter of Kentish Town (Lab)]

My Lords, there is something in what my noble friend Lord Adonis said about the inadequacies, thanks to—I think— the drawn-out negotiating technique chosen by our Government, which has ended up with an agreement which probably could have been reached many weeks ago and left us this very inadequate way of dealing with an important Bill. In normal times, the Commons having sent us a Bill, we would scrutinise it, test whether it fulfils the roles set for it, and ensure that it is workable and that there is transparency and accountability. But, sadly, that is not what we have the chance to do, partly, as I say, because of the Government’s own delaying in negotiations—whether because they were afraid of the ERG or your Lordships’ House, I leave to others to conclude.

But what it does mean is that the House today does have to take exceptional and extraordinary action. I thank particularly the amazing work of our Constitution Committee, which kindly looked at this and, in particular, at the fast-tracking of it. It agreed and accepted absolutely the case for taking exceptional, extraordinary action, which is necessary in this case basically to make sure that we do not crash out without a deal—nor, indeed, find ourselves with legal uncertainty when there is a gap in law between the end of 31 December and the beginning of 1 January. We do need a statute book that works on Friday morning.

Of course, I particularly regret not being able to get into this Bill. I love all that: negotiations, amendments and groupings. No? Okay, well, I quite enjoy them anyway. What was important, particularly over the internal market Bill, was how much change this House made. We sent back a much-improved Bill, partly because of the hard work, commitment and knowledge of Members of your Lordships’ House. Having looked at the Bill, which I saw only at 12 o’clock yesterday, there really is a lot there that we would be able to get stuck into, with the sort of scrutiny we normally do, if we had the time.

But that is not where we are. We cannot alter the treaty anyway—not a jot or comma of it—because that is agreed by 27 Governments. We should not pretend, therefore, that there is anything we can do, other than stop it in its tracks and have no deal, which I know none of us would want. In fact, for those of us who have looked at it, the Bill takes the deal and drops it into legislation. Given that we cannot alter that deal and have to drop it into legislation, the truth is that even with a Committee stage, a Report stage and a Third Reading, there would be nothing we could do that would alter the treaty. So I think that a degree of realism is perhaps worth bearing in mind.

Of course we are not going to be able to do what we should do, but, as everyone has accepted, the Bill has to get Royal Assent tomorrow. It seems to me that the important thing is that we can carry out the other function that this House is so renowned for—not just detailed legislation but the influencing of public opinion, the Government and the Commons. The most important thing is that we can do that today via the debate, and I therefore hope that we can get on and hear as many of your Lordships, with their views on the treaty, as possible. I think that that is something we can do.

So I think we have to let this business get on. I would like to thank not only the usual channels but all the staff who have enabled us to do this and be here today. Your Lordships do not get holidays, so you are not giving one up, but they are giving up their Christmas holiday to be here and do all the work, and we owe them a great debt of gratitude.

I believe that we have to leave with a deal, and therefore we have to do this Bill today. We therefore will support the government Motion but will not support the amendment to it.

[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

My Lords, before I call the Chief Whip to reply, is there any other Member in the Chamber who wishes to contribute to this debate? As there is not, I will call the Chief Whip to reply.