European Union Bill

Baroness Quin Excerpts

Wednesday 25th May 2011 Lords Chamber

[Lord Ahmad of Wimbledon]

Before I comment specifically on the sunset clauses—and notwithstanding the masterful innings of my noble and learned friend Lord Howe—it is important to reflect on the ultimate purpose of the Bill. We have heard the noble Lord, Lord Kerr, and other noble Lords talk about connection with the British people. The fact that people on the streets are not talking about Parliament debating the EU Bill is in fact a recognition of the disconnect that the Bill is trying to address. It is about defining Britain’s relationship with the European Union. Perhaps more importantly, however, it is about defining the relationship of Parliament, and indeed the European Union, with the British people, which is a very noble intention. The Bill looks to challenge, test, promote and perhaps redefine our relationship with Europe in the best interests of the British people. It is not sceptical. It is not against the European Union. It is about recognising the strengths of the single market. However, it is also about improving that relationship.

I have sat through many sittings on this Bill and heard many noble Lords talk about their experience of the 1975 referendum on joining the European Economic Community. I must confess that—through no fault of my own, I should add—I did not have much interest in the issue at that time. However, like many British people today, I am interested in defining our future relationship with the European Union. Why deny a referendum? Why deny the people of our great country a voice in defining that future relationship—not against Europe, but working with Europe at the heart of Europe?

Should sunset clauses be applied? Yes, where there are specific timelines in the Bill, as noble Lords have said in respect of other Bills. However, this Bill does not have that. They do not apply to this Bill. The EU Bill seeks to define our relationship. A sunset clause limited to this Parliament alone, or extended as the noble Baroness, Lady Falkner, suggested, is limiting. It does not recognise what this Bill seeks to do: to reconnect with the British people. Nor does the lack of a sunset clause bind future Parliaments. If there is a need at the time and in the correct place, which is here in Parliament, another Act of Parliament can be proposed that looks at the Europe of the future. That is, indeed, for the future. For the here and now, I believe that a sunset clause would kill the Bill. It will leave it with Ministers and not with Parliament. Most importantly, the basis of the EU Bill, as my right honourable friend the Foreign Secretary said, is for an enduring constitutional framework. Ultimately, it is providing the British people with a voice in defining our future relationship with Europe

[Baroness Quin]

I will speak very briefly in support of the idea of a sunset clause, which is probably the best way of ensuring that, assuming that the Bill becomes law—although I share the view of the noble and learned Lord, Lord Howe, on that—there is at least an opportunity for a fundamental rethink about it. My noble friend Lord Davies, whose fine speech I will not repeat, made the very important practical point about the operation of the Bill, particularly under the almost nightmare scenario of having a complicated referendum with several questions on entirely different aspects of treaty change. His practical objections to the working of the Bill really do need to be examined and thought through in much greater detail than seems to have happened so far.

I also have a more fundamental objection. I get very concerned about the idea of holding more and more referendums without thinking through what their role is to be in our parliamentary democracy. On the whole, I prefer a representative democracy to a plebiscitary democracy. This Bill, unfortunately, takes quite a few big steps towards a plebiscitary democracy and we need to think about that. It is very seductive to talk about giving power to the people. However—and I know I am in a minority in this place in espousing this view, as someone who believes in an elected second Chamber—there are ways of giving power and a vote to the people other than by referendum. I do not want us to be seduced into thinking that the only way in which you can give power and influence to the electorate in this country is via the continual use of referendums. I do not think that that is true for a moment, and, again, it is something that we should think about.

The Bill represents fundamental constitutional change. Along with a number of other measures that the coalition Government are introducing, we are making considerable changes to our constitution—in some ways, almost more so than the previous Government, of whom I was a supporter and who were often criticised, particularly by the Conservative Party, for the extent of their constitutional changes. However, we are doing so in a way that I think is fundamentally unsatisfactory in a Bill such as this. For that reason, anything that causes us to rethink this legislation is, in my view, to be greatly welcomed.

[Lord Hannay of Chiswick]

My Lords, I shall speak briefly in support of these amendments and I want to make two points that have arisen in other contributions. The first is the question of one Parliament binding another. Some perfectly valid points have been made by those who say that much of the legislation that we pass binds a succession of Parliaments until they repeal it. However, what is not noticed is that the Government stepped into the quagmire by stating categorically that this Bill, if it becomes law, has no application during this Parliament, because they are not going to agree to any of the things that would trigger its application.

That, I think, puts it in a completely different category and explains why a sunset clause has become particularly apt. I argue that it is a constitutional aberration to sit around trying to pass legislation which has no application in the timetable of this Parliament and which is designed purely to be applied in subsequent Parliaments. That is an oddity which I think justifies the sunset clause.

The other question is the one put very eloquently by the noble Baroness, Lady Quin. We need to clear our minds a bit on whether we want to go in a major way into a plebiscitary democracy. I know that the noble Lord, Lord Pearson of Rannoch, who is not in his place, thinks that turning this country into a simulacrum of Switzerland would be a jolly good thing. I do not happen to share his view on that. However, I think that noble Lords who say that the voice of the people must be heard should think a bit about this. Incidentally, most of them are sitting on the Benches of a party that has resisted referendums consistently over the past 40 years.

What is being suggested here is a major lurch into plebiscitary democracy in just one section of our institutional life while leaving the rest of it more or less as is. That is a peculiarly unbalanced way to approach this matter. By all means, let us have a debate about whether we should move away from representative parliamentary democracy to a plebiscitary democracy, although I have no doubt whatever what the outcome of that would be. There would be a massive majority against doing so. However, do not let us lurch in one section of our national life into potentially 50 or 60 referendums.

That is why I support a sunset clause, and I could support any of the variants in Amendments 61, 62 and 63. I hope that the Government will think really carefully about this because it is a serious matter.