European Union (Withdrawal) Bill

Debate between Lord Bishop of Leeds and Lord Spicer

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

[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.

[Lord Spicer (Con)]

My Lords, if this amendment is passed, this day, 30 April, should be called hypocrisy day because the overt objective is the opposite of the covert objective. The overt objective is apparently to give greater powers and a greater say to Parliament. The covert objective, as the noble Lord, Lord Grocott, said, will be to do the opposite. If one wanted examples or specific reasons why one says that, we need only look at the Factortame case a few years ago, when Parliament was clear that it wanted its way on a European shipping matter, and our courts eventually came down in favour of the European Court having the final say. There is no question but that if we stay in the European Union, Parliament will be one of the worst sufferers.

The acquis communautaire is another example. It is the basis of what the European Court does and is entirely to do with the centralisation of power away from national institutions and organisations such as Parliament. The proposers of this amendment may argue that they are in some way strengthening Parliament, but exactly the opposite would happen in the end.