European Union (Withdrawal) Bill

Debate between Lord Bishop of Leeds and Lord Mackay of Clashfern

Report: 4th sitting (Hansard): House of Lords
Monday 30th April 2018 Lords Chamber

[Lord Mackay of Clashfern (Con)]

My Lords, it had not been my intention to take part in this debate because I read in the newspapers a forecast of what the result would be. That suggests that, for most of your Lordships, the decision has already been taken. However, having listened to the debate so far, I thought it was right for me to say a word or two.

I have never been a Member of the House of Commons, but by the constitutional arrangements that then existed I was given a very senior position in Her Majesty’s Government, which lasted for almost 10 years. One of my fundamental approaches to the matter of discharging that office was to respect the views of Members of the House of Commons who were members of the Government. There are colleagues of mine here who know in practical terms that that was so. On the other hand, it was always possible to suggest ways in which their policy could be implemented with less danger to the community than otherwise might have happened.

I had the privilege of nominating my noble friend Lord Hailsham to be a silk. Her Majesty the Queen graciously accepted that nomination. But I did not have the opportunity to exercise power that would have enabled him to have the title “learned” in this House. That does not in any way derogate from the force of what he had to say except that, from my point of view, it is arrogant in the extreme for Members of the House of Lords, together or otherwise, to tell the House of Commons what to do.

I learned in the course of my experience as Lord Chancellor that it was very wise for Members of the House of Commons to be given what they wanted so far as possible. I am sorry to say that my colleague, the lady Speaker at that time in the House of Commons, is not in her place, but I remember that in relation to arrangements for things in which we were both involved it was universal that her wishes were implemented. There is an arrogance in our House telling the House of Commons how to go about its business. I agree entirely with what the noble Lords, Lord Grocott and Lord Howarth, said about that. As I said, I had not intended to speak, but I feel that this House needs to think about its attitude to the powers and discretion of the House of Commons.

[The Lord Bishop of Leeds]

My Lords, I find myself torn between pragmatism and principle—the principle of parliamentary democracy and upholding and preserving the constitution; and on pragmatic terms, the ability the Government need to manage the process we are in. But I keep hearing in this debate the language of “telling the House of Commons what to do”. Call me ignorant, but I did not think that that was what we were doing. I thought the role of the House of Lords was to scrutinise, improve and ask the Government to think again. That is what we are called to do and that is where the principle applies. Then it is up to the House of Commons and the Government to decide what they do with the arguments put forward from this place. Not to do that is to deny the appropriate role of this House in doing its job.