(7 years, 8 months ago)
Lords Chamber(8 years, 5 months ago)
Lords Chamber(10 years, 10 months ago)
Lords ChamberMy Lords, I do not know if others of your Lordships are in the same position as me in that I remain confused about procedure between your Lordships’ House and the House of Commons on this Private Member’s Bill. I am fairly sure that very large numbers of the British public would be similarly confused having listened to this debate so far. I refer here particularly to the helpful interventions from the noble Lords, Lord Forsyth and Lord Elystan-Morgan, and the noble and learned Lord, Lord Mackay of Clashfern.
I will not make more of a speech on the Bill itself except to remind your Lordships, yet again, that the Bill passed through the House of Commons unopposed and is on a subject upon which a very large majority of the British people say they want a referendum. Of course, it would be a very foolhardy Government in future who dared to repeal this Bill if we passed it.
I still have a question on which we need an authoritative answer from the government Front Bench. I regret that the noble Baroness the Chief Whip is not in her place but the noble Lord the Leader of the House is—or perhaps it is the duty of the noble Lord, Lord Dobbs, to answer this. The question is, quite simply: what happens if we pass any amendment to this Private Member’s Bill? Will there be time in the Commons to consider it and get it back to us, or will we in effect kill the Bill? What are the prospects of a similar Bill in the next Session and before the general election? Even if the wording in the proposed question may not be perfect, are we in effect killing this Bill if we vote through this or any other amendment? We should be very clear about that before we vote.
My Lords, a spectre haunts the Conservative Party—the spectre of UKIP. The noble Lord, Lord Pearson of Rannoch, must glow with pride about that. He may have heard—as the noble Baroness, Lady Falkner, said—the speech of the Prime Minister at Bloomberg. That was a damascene conversion. I invite Members of your Lordships’ House to listen to or read the speeches made by the Prime Minister and Foreign Secretary, extremely eloquently, rejecting an “in or out” referendum prior to that Bloomberg speech. Indeed, the Foreign Secretary used phrases, which I will not quote now, saying what a disaster it would be in trade terms. Of course, that sentiment is echoed now by the CBI, the Japanese Government and a whole series of businesses—many Japanese, German and others—that recognise that there would be considerable uncertainty between now and 2017 if this Bill was passed.
The noble and learned Lord, Lord Mackay, gave as justification for his stance that to pass this Bill would give an assurance to the British public, but an assurance of what? We have said on many occasions that the constitutional principle is clear: no Parliament can bind its successors. Will there be a clear assurance that there will be a referendum before 2017? We know for example that the Prime Minister has said very clearly that he would not intend to start negotiations with our European partners until after the next general election. Anyone who knows anything about the European Union knows that its wheels grind very slowly and there will be long and tortuous negotiations. Some countries that we believe now to be allies may no longer be—for example, the Czech Republic. Its Government have claimed for some time that they would be an ally in terms of reforming the European Union but it recently had a change of Government. The old, very Eurosceptic Government have changed to one far warmer towards Europe and so unlikely to be an ally. Poland, Bulgaria and Romania are, after the recent utterances of the Prime Minister, hardly likely to be particularly supportive. One could go on.
(13 years, 8 months ago)
Lords ChamberI would never seek to claim that over the noble Lord. When he says that votes for prisoners had nothing to do with the Luxembourg court but came from the Strasbourg court, does he agree that under Article 6 of the Lisbon treaty the European Union has signed up to the jurisdiction and generality of the Strasbourg court? They are connected.
There is a very slight nexus because of that recent linkage. The noble Lord will surely know that the European convention, the European court and the Council of Europe as a whole come from an earlier stage of European integration in the late 1940s and early 1950s that was very different from the treaty of Rome and the more integrationist stage that came at that point. I hope he will look through the debate in the other place on votes for prisoners and, alas, see the enormous ignorance of those who failed to see that distinction.
So what do we have? We essentially see a failure of leadership. If there is a disconnect, it is surely in part because of the Government’s failure of leadership in trying to put over the case for Europe, as the noble Baroness, Lady Williams, did so eloquently. If only there would be something positive about Europe from this Government. The only thing I have seen was from Mr David Lidington, who is a very able Minister, tucked away in a Written Answer on 10 January.
I come to the specific proposals, and I shall be brief because I can adopt everything that the noble Lord, Lord Williamson, said about the referendums. If it were in the judgment of the Government of the day against our interests, we would veto it in any event. If the Government seriously thought that it was in our interest, they would come out against this great cloud of ignorance that has, in fact, been created partially by the Government. In fact, there are unlikely to be many examples.
As for the referendums, excluded from them are the accession treaties, and who can doubt that one of the largest influences on our country would be, for example, the accession of Turkey? Yet there would be no referendum in respect of Turkey. A number of the transfers would benefit us—one thinks of the foot and mouth matter and QMV in the past—and the definition of “significant”. The sovereignty clause has been mentioned by many colleagues. It is essentially symbolic. It is gesture politics. No Parliament can bind its successor. It is superfluous, meaningless and a waste of parliamentary time, and is to be seen only in the context of the Government’s problems with their own Back-Benchers.
The key principle of this Bill appears not to be to be at the heart of Europe but rather them and us, as if we are engaged in a constant struggle against those who wish to conspire against us and our interests, and our need to confound their knavish tricks. In fact, it is a very false picture. It is a gesture to the populist press and step by step, as was the danger during the 1990s, we will be led inexorably along a road to distancing ourselves, or at least to a semi-detached status.
Finally, I am reminded of a distinguished observer of France on the eve of the French Revolution who looked at French aristocrats who were flirting with revolutionary ideas and said very sagely that those who were blowing upon the flames would one day be consumed by them. The Conservative Party is indeed blowing on those flames, and there is a real danger that the public might go for the real thing. There is UKIP, and one day it might find it is indeed consumed by it.