European Union (Notification of Withdrawal) Bill

Debate between Lord Bishop of Chester and Lord Phillips of Worth Matravers

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

[Lord Phillips of Worth Matravers]

My Lords, I have listened to this debate with a question that was unanswered at the beginning and, to me, is still unanswered. It is this. Subsections (3) and (4) of the proposed new clause read:

“The prior approval of both Houses of Parliament shall also be required in relation to an agreement on the future relationship of the United Kingdom”,


and:

“The prior approval of both Houses of Parliament shall also be required in relation to any decision by the Prime Minister that the United Kingdom shall leave”.


Assume that the House of Commons and the House of Lords are in agreement. They say, “We do not approve of the terms of the agreement. We do not approve that the Prime Minister shall decide that we leave without an agreement”. My question is: what then? Is it implicit in this amendment that Parliament may then decide to withdraw the Article 50 notification?

[The Lord Bishop of Chester]

My Lords, whether Article 50 notification is revocable or irrevocable is a matter of policy or law. I believe that we could interrupt the process of leaving the EU only by another referendum. I think this is the point that the noble Lord, Lord Lawson, touched upon. In fact, the noble Baroness, Lady Altmann, made the same point at the beginning of her speech. If in two years’ time Parliament were seen to be blocking the departure of the United Kingdom from the European Union without another referendum, there would be a serious political situation in our country. While we have talked about conflicts between the Executive and Parliament and between the Executive and the two Houses, I rather agree with the noble Lord, Lord Grocott, that as it stands it should be the House of Commons that has the decisive vote. There is real potential for conflict here. We decided to have a referendum and its outcome can be reversed only with another referendum, which this morning we decided in a sense that we did not want—I admire the Liberal Democrats, who are consistent on this point and who I noticed have their amendment down for Third Reading. At the end of the day, in two years’ time we could be in a very serious, difficult and sensitive political situation. I am not sure the proposed new clause would help handle that.