European Union Bill

Lord Brittan of Spennithorne Excerpts

Wednesday 13th July 2011 Lords Chamber

The second consequence of this, of course, is that it will give a great boost to the enhanced co-operation agenda in the EU. Our partners will know in advance that there is no point in bringing the Brits into the discussion—because they are paralysed; because they have got to say no; because no Minister could possibly even say yes subject to a referendum, because no Government are ever going to want the referendum. Therefore they will not want the Brits in the room from the beginning: that is quite clear. So, they will say we have got to make progress on this, we have got to take a decision on this, we have to do it ourselves, under the enhanced co-operation procedure—which is now of course available under the treaty. We are going to give a tremendous boost to that. This means, of course, that we will not be present at that discussion. We all know that the European Union is a horse-trading organisation, and agreements are often in terms of packages—a perfectly natural thing in human affairs. If we are not part of the discussion in one particular area, it may make it much more difficult for us to do an advantageous bargain or deal in another context which is very important for us. We are going to be steadily and progressively left out of the mechanism of decision-taking in the European Union. That is a very serious prospect and we are bringing it not only closer but so close that it is a damned racing certainty if we enact this Bill in its present form.

[Lord Brittan of Spennithorne]

My Lords, at this stage in our proceedings we have to do two things. First, we have to decide whether we are persuaded by the arguments put forward in the other place that what we have decided here should not stand up. Secondly, we have to decide, if we are not persuaded, whether we stand by what we have done or whether we acquiesce in what the other House has decided.

My fundamental objection to this Bill and my support for the amendments that we passed is based on a view which has not much to do with European affairs at all, but a great deal to do with the British constitution. Up to now, we have had a constitution in which the referendum, until modern times, had no role whatever. We had sufficient confidence in parliamentary government to believe that the representatives of the people should be responsive to the people but not slaves to the momentary wishes of the people, and that that was the right way in which decisions should be taken. A breach was made, 25 years ago, 35 years ago or more, but one breach and one breach only. This legislation changes the balance dramatically by making referenda, instead of extremely rare, things which could be extremely common.

The amendments that were passed by this House mitigate what I consider the damage to the British constitution a small degree. The question is, are we persuaded by the arguments put forward in the other place that the mitigation that we introduced is something which we should no longer support? I am not so persuaded, because the amendments that we put forward were quite modest, still leaving a Bill which breached—in my view unnecessarily and undesirably—the principle of parliamentary government, but they were mitigatory amendments and therefore we supported them in this House, and we passed them in this House. Nothing that was said in the other House persuades me that we were wrong to do so, because the balance of the constitution in which a referendum is a rare instrument, applied only in exceptional circumstances, is one which I continue to support. I am not persuaded by the arguments put forward in the other House that the modest amendments that we put forward, which would reduce the plethora of amendments and other referenda from a flood to a trickle, were undesirable. I was persuaded last time we discussed this that they were desirable, and I remain of that view now.

[Lord Pannick]

My Lords, I too support this amendment, because I see it as a considered response to the views of the other place. It supplies a criterion which identifies when it is appropriate for a referendum to be held. Since mention has been made of the views of the Constitution Committee of your Lordships’ House, of which I am a member, I will remind your Lordships of the three points that the committee made in its report on this Bill.

First, we noted that, in our earlier report on the use of referendums, we concluded that if referendums are to be used they should be confined to fundamental constitutional issues. Secondly, we noted that this Government had expressed agreement with that criterion in the context of the Parliamentary Voting System and Constituencies Act. Thirdly, we concluded that it could not be said that every treaty change which would, under this Bill, require a referendum, would involve a fundamental constitutional issue.

My answer to the point made by the noble Lord, Lord Blackwell, is that I understand this amendment to impose a duty on the Minister in good faith to consider whether the issue is one of economic or constitutional significance, and if so to lay a Statement before Parliament. I do not accept that this leaves matters entirely to political judgment: it imposes a criterion, it is a considered response to the Commons view, and I hope we will support the amendment today.