European Union Bill

Debate between Baroness Nicholson of Winterbourne and Lord Williamson of Horton

Wednesday 25th May 2011 Lords Chamber

[Lord Williamson of Horton]

My Lords, the grouping includes quite different proposals relating to a possible sunset clause. Amendments 61 and 63 propose an unqualified sunset clause by which the Act would fall on the Dissolution of Parliament. Amendment 62 is the so-called sunset-sunrise clause, because the Act would fall but could be immediately—I stress that point—revived by a simple resolution of both Houses of Parliament.

I will speak to Amendment 62 and I shall speak very moderately. I have sat through eight days of Committee so far and I occasionally get the impression that people think I am not moderate, but I have been extremely moderate in all my interventions throughout Committee. As we enter day eight on the Floor of the House, it is evident that the Bill is a heavy approach—the Government would not dispute that—that is likely, whatever the future circumstances, to block moves to a qualified majority in the European Union.

I have already indicated that I fully understand why the Government have presented the Bill. I also consider that it would be sensible to take another look at the situation at the end of this Parliament, without prejudice, and for Parliament to decide whether to continue the Bill. That is the proposition in Amendment 62. That proposal has been described by the noble Lord, Lord Richard, as right, and I would describe it as a wise proposal.

[Baroness Nicholson of Winterbourne]

I follow the noble Lord with further comment about the applicability of a sunset clause for this type of Bill at all. We must provide certainty for the British public, which as a former Member of the European Parliament I must say is sadly lacking for them at the moment because of the way in which European Union business has previously been dealt with by the British Parliament and Governments. The sunset clause, which would in effect kill the Bill, would take away that certainty, and I wonder whether it is an applicable mechanism for this sort of Bill.

The sunset clause was, of course, introduced by the Counter-Terrorism Bill on the basis that that Bill introduced extraordinary measures in keeping with the UK's liberal values in an emergency, but that is not the case with the European Union Bill. This is not an emergency and the Bill does not reflect a short-term measure. It is a long-term policy shared by all sides, except I think by the minority, with even the Opposition accepting that there should be a referendum for big treaty changes under the ordinary revision procedure for issues such as the euro. I am one of those who believe profoundly that in order to reconnect with the public we need more possibilities for referenda, as those outlined in Schedule 1 inform us. However, the Public Bodies Bill, which also has a sunset clause, is tasked with a specific programme for a specific time. Let me suggest that as this Bill is for the long term, this is no different from any other legislation that your Lordships’ House passes. For example, privatisation did not have a sunset clause. It was, we believe, the right thing to do to react to new circumstances.