Brexit: Further Referendum

Debate between Lord Callanan and Lord Tyler

Thursday 17th January 2019 Lords Chamber

[Lord Tyler (LD)]

My Lords, I am delighted to be able to open this very topical debate. I am disappointed only that for obvious reasons the noble Lord, Lord Young of Cookham, is not able to respond, since I know from long personal knowledge that he would have been fully acquainted with the issues to which I will refer. However, I was delighted to note his comment just now about referendums. I will take that away and think about it again. In the meantime, it seems that he and the Cabinet Office have been able to brief the noble Lord, Lord Callanan, the Minister who is to respond, which is just as well since the subject of this debate has relatively little to do with his department.

Incidentally, I was interested to see a Written Answer yesterday from the Minister in which he announced,

“we will be leaving the European Union on 20 March 2019”.

He may be leaving on that date but the rest of us have to wait nine more days, or possibly nine more weeks—or not at all.

[The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)]

I am grateful to the noble Lord for the opportunity to correct that. It was an administrative error. It did not correspond to the draft of the Parliamentary Question that I signed off. I have spoken to the Permanent Secretary in my department, who is instituting an inquiry into how that happened. I have also written to the noble Lord, Lord Bassam, to apologise for the error and correct the record.

[Lord Tyler]

I am delighted that the Minister has had that opportunity. I suspect that it was handwriting; if his is anything like mine, “0” and “9” occasionally look much alike.

The subject on the Order Paper does not directly argue the merits or demerits of a further referendum on our relationship with our present partners in the EU. I note in passing, however, that the unprecedentedly large majorities in both Houses defeating the Government’s current preferred deal, to which the noble Lord, Lord Young, referred just now, together with the ever-increasing insistence that a crash-out no deal is unacceptable, means that the Cabinet and Parliament may together move in the direction of a new referendum. That is certainly the view of all serious commentators since those votes, while of course the vote last night removes the alternative of a snap election. I should say that next month I will celebrate the 45th anniversary of my first election to the other place. I have never experienced anything quite like the irresponsible prevarication of kicking the can down the road, which is of course evident again in the other place this very afternoon with the Business Statement. It is quite extraordinary.

However, that is not the subject of this debate: I am sure that the Minister and other speakers will not wish to spend precious time on it. Rather, we are concerned here with the practicalities of electoral law. I am extraordinarily grateful to the noble Lord, Lord Lisvane, for still being here—I suspect that he has missed his lunch. He and I anticipated, way back in September 2018, that the circumstances could arise if and when the Government or Parliament, or both, had to examine the need for new legislation. We were anxious that the pressure of time in such circumstances might mean that a consensus on the necessity of dealing with acknowledged defects in the 2015 Act was ignored or that both Houses were forced to rush through inadequately scrutinised proposals. In our experience, nothing results in imperfect law more than claims of expediency or lack of time. We were reinforced in our determination that such a process could not and should not be cobbled together at the last minute when an authoritative report from the Constitution Unit at UCL was published in October—it has been referred to in the excellent Library brief for this debate.

With the expert advice of Dr Alan Renwick from the unit, the professional assistance of the experienced legislative draftsman, Daniel Greenberg, and supervision by a cross-party/non-party reference group comprising also the noble Baroness, Lady Quin, and the noble Lord, Lord Hodgson of Astley Abbotts, we produced the draft Bills before Christmas.

Significantly, we concluded that a very short “paving Bill” would be necessary to authorise the Electoral Commission to start preparations before Royal Assent for the main Bill because there is clearly a tight timetable ahead. By this means, we calculate that polling day could be any time before the beginning of May 2019 or even earlier. That would be very helpful in terms of the European parliamentary elections that follow at the end of May.

Of course, individual members of this team have differing views on the desirability of a further referendum and do not necessarily endorse every word of the drafts. However, we all agree that Parliament must consider and approve properly prepared, effective and updated legislation for this purpose.

On Monday this week, just before the votes in the two Houses, a formidable cross-party group of MPs, led by my right honourable friend Vince Cable and including Dominic Grieve and Chuka Umunna, published our draft Bills and endorsed this approach. Subsequent events have clearly justified their and our commitment to concentrate on relevant preparation rather than wasting millions of pounds and millions of hours on the no-deal distractions. As noble Lords may be aware, yesterday Mr Grieve formally presented our cross-party draft legislation in the other place.

No doubt other Members of Your Lordships’ House participating this afternoon will have examined these draft Bills, which are included in the Library brief together with all the other relevant discussion that has taken place in both Houses in recent weeks and months, so I do not need to take them through every aspect of our proposals but simply highlight the crucial features.

The draft paving Bill, the preparatory legislation, is limited to authorising the Electoral Commission to consult on the choice of the ballot paper question, which will also affect the choice of lead campaign organisations, before Royal Assent for the main Bill. This could be taken through both Houses in a matter of a few days or even hours. We were guided by a wide range of expert opinion and took careful note of the views of the Electoral Commission in opting for a simple binary choice, just as in 2016, between two very firm, detailed and easily intelligible options—indeed, much firmer and more intelligible than in that case.

Our initial proposal is that the choice should be between the leave conditions negotiated and recommended by the Government and remaining within the existing, well-understood conditions of EU membership. Much as electoral reform anoraks like me might enjoy a three-way, AV or two-question poll, we agree with all the expert evidence that we have received that this would be both confusing and likely to result in variable and unclear results.

The other area of potential variation on the 2015-16 legislation that concerned us was the franchise. Since I successfully supported the inclusion of 16 and 17 year-olds at one stage of the 2015 Bill in your Lordships’ House, and lost that only when support fell away at ping-pong, I am only too aware of the case for them to vote on such an important decision for their future. That case will be made again, I know, together with that for all EU citizens permanently resident in the UK and all UK citizens resident abroad.

However, we were persuaded by the Constitution Unit and others that to include in this first draft a change in the franchise compared with 2015-16 position would be seen to be moving the goalposts. Therefore, we have not done so at this stage.

This did not preclude us from examining carefully the generally agreed case for removing defects in the 2015 Act where the subsequent experience of the Electoral Commission, the Information Commissioner’s Office and the DCMS Select Committee had identified the need for greater transparency relating to spending returns on the one hand and the authorship and payment for online messaging on the other. Our schedule to the main Bill, especially items 3 to 6, deals with those matters.

In my usual constructive and positive way, always helpful to Ministers, I am both posing the Question and providing the Answer today. This is practical contingency planning, compared with the nonsensical preparations for the crash-out no deal that the noble Lord, Lord Young, referred to earlier as now really removed from our consideration. I am sure that other Members of your Lordships’ House will be equally concerned to ensure that Parliament, if now faced with this challenge, is well prepared—in a former life, I was a Boy Scout, as no doubt were other Members of your Lordships’ House: be prepared.

I can confirm that my right honourable friend Vince Cable and other colleagues have raised these practical issues with the Prime Minister and her senior Ministers in response to her invitation following the vote last night. This debate could not be more topical and I am delighted to introduce it.

--- Later in debate ---

[Lord Callanan]

My Lords, I thank the noble Lord, Lord Tyler, for so excellently introducing this important subject and giving us an opportunity to debate it today, and I thank all other noble Lords who contributed.

I will first address the remarks made by my noble friend Lady Browning, who made a number of excellent points, which were amplified by the noble Lord, Lord Adonis. She asked a number of questions about the technical conduct of referenda, and some of her points were also reflected in the report of the DCMS Select Committee and others. The Government are currently considering this matter, but it is not within the purview of my departmental responsibilities—it is a matter for the Cabinet Office—so perhaps it would be best for me to write to my noble friend, and copy other noble Lords, with the detailed responses to her questions.

The referendum held in the summer of 2016 was indeed a historic event for the United Kingdom, a vote for which there was the highest ever turnout for a UK-wide referendum and, moreover, the highest turnout in any election or referendum since 1992. I am sorry to disappoint the noble Baroness, Lady Wheeler, but it is our firm view that there can be no second-guessing of the outcome of such a vote—not when more than 17.4 million people voted to express, in the clearest of terms, an instruction to the Government, as Parliament had asked them to do, to withdraw from the European Union.

The Prime Minister addressed this in the Commons on Tuesday evening. Despite the vote against the deal, the Government still stand by their commitment to the British people to respect the clear result from the 2016 referendum. In 2016 we committed to respect that vote, and we remain committed now. We continue to work to deliver our exit from the European Union on 29 March—not 20 March. We will not hold a second referendum, and to do so would be to disrespect the result of the 2016 vote.

[Lord Tyler]

I am sure the Minister appreciates that it is difficult still to say that it is the will of the people that this particular situation should be resolved on the basis of the discussion and decision in 2016 when the latest public opinion poll, published today, shows that 56% of the population—presumably, both leavers and remainers from 2016—are in favour of a new referendum, and only 44% are against. Contrast that with the support for the Government’s current deal, and that looks to be a pretty popular way in which the will of the people is being expressed.

[Lord Callanan]

I understand the firm view of the Liberal Democrats on this; they have been dogged in pursuing it. I do not know whether the noble Lord was in the House yesterday, when I addressed the subject in a Question from the noble Lord, Lord Dykes, on opinion polling and whether public opinion has moved. There are clearly lots of different opinion polls around, but yesterday I quoted an analysis of the opinion polling that has been produced—I do not have it in front of me at the moment—which suggests that in fact, if you look at all the polls in the round, there has been no significant change in public opinion on the issue. The public remain deeply divided on the subject—which of course is why we held the referendum in the first place.

Brexit: People’s Vote

Debate between Lord Callanan and Lord Tyler

Thursday 25th October 2018 Lords Chamber

[The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)]

My Lords, today’s debate has been a good one—although there was a hint of déjà vu about it. I seem to have heard many of the arguments a number of times before.

I thank and pay tribute to the noble Lord, Lord Campbell, for introducing the debate so ably. I greatly enjoyed his history lesson, although I think he was a bit unkind to David Cameron for fulfilling his manifesto promise to call the referendum in the first place. The noble Lord was conveniently forgetting about the crucial role played by the Liberal Democrats in this. After all, I think it was the Liberal Democrat party under Nick Clegg that first called for a “real referendum on Europe”. It was in one of their famous petitions and on one of their many focus leaflets distributed around the country—so they can definitely claim that they were ahead of the game on this one. However, building on the powerful contribution of my noble friend Lord Finkelstein, I note that the petition did not say, “It’s time for two real referenda on Europe”.

I also thank all other noble Lords who participated in the debate. I will refer to some of their contributions as I go. The Motion calls on this House to take note of the case for a so-called “people’s vote” on the outcome of the negotiations between the Government and the European Union on our withdrawal from the EU. I agree with my noble friend Lord Lamont that the term is somewhat Orwellian. I assume that the debate is timed to coincide with last week’s demonstration in London, which had an interesting range of speakers. One of them was the leader of the Liberal Democrats, Vincent Cable. Apparently he seems to have forgotten that he once called the idea of a second referendum,

“seriously disrespectful and politically utterly counterproductive”—

as, indeed, the Liberal Democrats discovered at the last election. Then there was the Mayor of London, Sadiq Khan. After the original, authentic 2016 people’s vote, he said that the establishment needed to respect the result and that a second referendum would lead to cynicism among voters. They were both right the first time.

I say to the noble Lord, Lord Russell, and to his son, to my noble friend Lady Wheatcroft, to the noble Lord, Lord Tyler, and to all the other marchers at the weekend that, however passionate it was—I recognise, as the noble Baroness, Lady Hayter, said, that it was a passionate demonstration and that people believed strongly in what they were saying—it was, of course, only a small fraction of those who participated in the original 2016 people’s vote. That point was well made by the noble Lord, Lord Grocott.

We have already had a people’s vote in June 2016 and the people voted to leave the European Union. The calls for a second referendum are being led by a small group of diehard remainers who, by definition, do not respect the result of referenda—so why should we believe that they would somehow respect the result of another referendum? If they did succeed in overturning the result, why should leavers respect that outcome? It is a recipe for years of political and constitutional chaos. On the issue of how long it would take to hold another referendum, which I thought was powerfully addressed by the noble Lord, Lord Trevethin, in his excellent contribution, my estimate that it could take up to a year might even have been an underestimate. That was a powerful contribution.

Calling the result into question, as the Motion seeks to do, exposes three issues of fundamental importance for our country: first, the Government’s mandate, given by the British people, to secure our withdrawal from the European Union; secondly, the long-held constitutional traditions that underpin our democracy; and, thirdly, the importance of ensuring the integrity of our negotiations. I will deal with each of them in turn.

First, the result of the referendum gave the Government a clear mandate from the British people to deliver our withdrawal from the EU. It is a mandate that the Government have been working to deliver since then. I remind noble Lords that it was this Parliament that overwhelmingly voted to put the question of the UK’s membership of the European Union to the British electorate in the first place. It is worth reminding ourselves of the simple question that was put to the people on 23 June 2016. It asked:

“Should the United Kingdom remain a member of the European Union or leave the European Union?”


The noble Lord, Lord Anderson, said in a somewhat puzzling intervention that it was not clear what the electorate said in that vote. I profoundly disagree. The result of the referendum was a clear answer to that question, giving a clear directive to the Government to withdraw from the European Union—which we respected through our notification under Article 50.

The result reflected not only extensive campaigning from both sides but considerable and prolonged debate at national and parliamentary level, underpinned by a commitment from spokesmen from all the major political parties to respect the outcome of the vote. Almost three-quarters of the electorate took part in that people’s vote, resulting in 17.4 million votes to leave the European Union. That was the highest number of votes cast for anything in UK electoral history. Parliament then overwhelmingly confirmed the result of the referendum by voting by clear and convincing majorities in both Houses for the European Union (Notification of Withdrawal) Bill.

Further still, at the last general election, more than 80% of the British people voted for parties committed in their manifesto to respecting the leave result. I respect the position of the Liberal Democrats. They campaigned against the result at the last general election and they got 7% of the vote for their trouble.

A clear majority of the electorate voted to leave and the Government believe that we must respect both the will of the British people and the democratic process which delivered that result. As the Secretary of State for Exiting the European Union noted earlier this month:

“It was close but it was clear. Britain voted to leave the EU. Respecting the result: that’s the essence of our democracy”.


Secondly, seeking to second-guess the results of the referendum would be a dangerous precedent to set for our democracy and the principles that underpin our constitutional order. The British people must be able to trust their Government both to effect their will and to deliver the best outcome for them. In the summer of 2016, millions of people came out to have their say. People trusted that their vote would count—that, after years of feeling ignored by politics, their voices would be now heard. As the Prime Minister pointed out, to ask the question all over again would be a gross betrayal of our democracy and a betrayal of that trust.

More than that, there is a danger of giving rise to the same forces that have brought to power in many other European countries extremist parties to the left and to the right. I agree with my noble friend Lord Shinkwin that if we overturn the result of the referendum we run the risk of the same thing happening here. By placing partisan interests above those of the British people, we will undermine the faith that they hold in our political establishment. That would be hugely damaging to the powerful democratic values of this country and this Government—a point powerfully made by my noble friend Lord Lamont and the noble Lord, Lord Grocott, in his excellent speech. It risks profound constitutional, legal and political difficulties that would be a distraction from the Government’s efforts to secure the best possible deal for the UK.

I reassure the noble Lord, Lord Marks, and my noble friend Lord Higgins that we have always said that we will give Parliament a say on the final deal once it is agreed. Of course, the EU withdrawal Act set out exactly how that meaningful vote would work.

[Lord Tyler]

In the precise circumstances to which the Minister just referred, does he agree with the Prime Minister that, if the House of Commons decided it was necessary to have a further return to the public, it must happen?

[Lord Callanan]

I am not going to question the devices of the House of Commons. Clearly, the House of Commons will make its own decisions. The legal principles underpinning it and underpinning the meaningful vote are quite clearly set out in the EU withdrawal Act. It is of course open to the House of Commons to amend that Motion. However, an amendment for a referendum would not necessarily be legally binding on the Government; it would merely prevent us ratifying the treaty.

European Union (Withdrawal) Bill

Debate between Lord Callanan and Lord Tyler

Report: 3rd sitting (Hansard): House of Lords
Wednesday 25th April 2018 Lords Chamber

[Lord Tyler]

I am grateful to the Minister for giving way. How can what he is arguing be reconciled with the White Paper, which stated that,

“legal and policy changes would be made under the Bill only when it was necessary to ensure that the law continues to function properly after exit day”?

[Lord Callanan]

I think I have addressed that in my remarks, but I have some more comments to make which I think will address the noble Lord’s concerns.

However, as we have said throughout the passage of this legislation, we will give due consideration to all amendments that do not undermine the fundamental operation of the Bill. That is why we have accepted the recommendation of the Constitution Committee and tabled government amendments to ensure that, where the powers in Clauses 7(1), 9 or 17(1) are used, a statement must be made as to why there are good reasons for the instrument and the provision made is a reasonable course of action. Of course, we are going further with Clause 8 and propose to remove it from the Bill in its entirety. These amendments will be dealt with in a later grouping on Schedule 7, but they are key to set the context of this debate. They demonstrate the Government’s willingness to accept additional scrutiny if that scrutiny is appropriate.

European Union (Withdrawal) Bill

Debate between Lord Callanan and Lord Tyler

Committee: 10th sitting (Hansard - continued): House of Lords
Monday 26th March 2018 Lords Chamber

[Lord Callanan]

The noble Lord is right—I am sorry.

I will try to give a relatively detailed explanation. For any policy to be complete, it must have a practical answer to the question of how it will be funded. Clause 12 and Schedule 4 are that answer here. I hasten to add that they are not the answer to all money matters in relation to Brexit. The withdrawal agreement and implementation Bill will provide the statutory underpinning for paying our negotiated financial settlement with the EU and any other financial matters related to the withdrawal agreement. Before I proceed, I make it completely clear that I have heard the principled and eloquently expressed concerns about the powers in Schedule 4 and their scrutiny, and we will look closely at this ahead of Report. I regret to say that I am unable to provide too much detail on that at the moment, but we will carefully consider this issue.

Clause 12 and Schedule 4 provide that all the money which might flow into and out of the Exchequer as a consequence of the Bill is made “proper”, in line with the rules governing public expenditure and as laid down between the Commons and the Treasury in the PAC concordat of 1932—which I assume even the noble Lord, Lord Lisvane, was not around to take part in. Maybe his maiden aunts were around at the time to take part—who knows? These are obviously provisions relating to spending and charges on the public and were closely examined by the other place, which has privilege in financial matters, before the Bill reached us.

It is evident that the process of taking on new functions from the EU, and in the future running them, will cost money. Some of this will be public measures funded from general taxation—and, I hope, more efficiently than they were funded at the EU level. Some will be paid for by users of services to ensure that taxpayers, both corporate and individual, do not end up unfairly subsidising specialist provision. Where the line will fall is clearly a matter for debate in some cases, and I expect that as SIs come before Parliament for scrutiny, that question will, in a handful of cases, be relevant to the discussion. These provisions of the Bill, however, are key to ensuring that the rest of the Bill can be given real-world effect. I hope noble Lords will agree that without funding, the essential EU exit preparations enabled by the Bill could not be put into practice.

I thank the noble and learned Lord, Lord Judge, and the noble Lords, Lord Lisvane and Lord Tyler, for Amendment 348. The Government, as has been said at other times and in other places, are aware of the risks and concerns posed by any legislative sub-delegation to public authorities, but we remain convinced that conferring powers on public authorities other than Ministers to allow them to make provisions of a legislative character can be an appropriate course of action. I stress that, like any other form of sub-delegation under this Bill, any transfer of legislative power must be approved by both this House and the other place following a debate. It will not be possible for an SI to pass through this place, under the eyes of noble Lords, without a thorough and reasonable explanation of how any sub-delegation will be exercised in practice.

In this exceptional Bill, it is right that, although we must address all the issues that we discussed at Second Reading and which will arise under the Bill, Parliament also keeps a close and strict eye on all matters where any financial burden can be imposed on individuals and businesses. However, I remind noble Lords that this power is only available if the public authority is taking on a new function under the Bill and that the fees and charges must be in connection to that function. This is not a general power for the Government or any other public authority to raise moneys as they please.

The Government envisage sub-delegating this power in limited circumstances—for example, where Parliament has already granted to a public authority the power to set up its own rules for fees and charges of the type envisaged by this power, and, for good reasons, made it independent of the Government.

[Lord Tyler]

Will the Minister clarify one point? As I understand it, the affirmative procedure would apply to secondary legislation under Schedule 4 where there is a new fee or charge, but only the negative procedure would apply in subsequent regulations modifying those fees. That is an important qualification of the assurances he was giving to the Committee just now.

[Lord Callanan]

The noble Lord makes a good point. I will answer his question later. In line with the Bill’s aim to provide continuity, Parliament should have the option of approving the ability of authorities such as the Financial Conduct Authority and the Bank of England to independently make fees and charges for firms that will, after exit and under this Bill, fall under their regulatory remit.

Amendment 349 comes to the heart of the purpose of these powers and I thank the same noble and learned Lords for tabling it. This power is designed to ensure that those using specialist services transferred from the EU to the UK pay for them. This involves providing for fees and charges which, though not taxes in the common sense of the term, are at least tax-like. For the benefit of the noble Lord, Lord Tyler, let me clarify what we mean by tax and tax-like charges in this context. Under the guidance laid down by the Treasury, although fees and charges for services that are set on a strict cost-recovery basis are not taxes, any fee or charge that goes further than direct cost recovery is likely to count as taxation or to be tax-like. This would be the case if it cross-subsidises to construct a progressive regime between large multinationals and small enterprises, if it is a compulsory levy in a regulated and surveilled sector, such as banking, or if it funds the broader functions of an organisation not directly part of the cost of providing a service, such as enforcement.

I hope we can all agree that, as part of providing continuity, this Bill should enable the Government to continue to fund public services in an appropriate manner. Because the Government have directly prohibited the increase or imposition of taxation, including tax-like charges of the type I have just described under other relevant powers in the Bill—particularly Clause 7(1)—we require the ability to do so under this power. To give an example, without this the Bank of England would not be able to bring trade repositories—a vital piece of financial market infrastructure currently supervised at the European level—within the scope of its levy-based funding regimes. This House approved the creation of those delegated regimes through the relevant legislation and I hope that, with the proper information before it, it will approve the relevant power in this Bill, subject to the use of the affirmative scrutiny procedure.

Having said all that, let me repeat what I said at the start. We are looking closely at this matter ahead of Report. We will try to see how we might provide appropriate reassurance to a number of the fairly reasonable concerns that have been raised by noble Lords. Even with that caveat, I recognise that noble Lords may still have concerns but I hope that I have given some insight into the Government’s position and satisfied the House of the honourability of the Government’s intentions. I hope that noble Lords will agree, therefore, to not press their amendments or object to Clause 12 standing part.

European Union (Withdrawal) Bill

Debate between Lord Callanan and Lord Tyler

Committee: 1st sitting (Hansard): House of Lords
Wednesday 21st February 2018 Lords Chamber

[Lord Callanan]

I am sorry to disappoint the noble Baroness, but we will be having a number of Brexit Bills, not least of which will be the withdrawal agreement and the implementation Bill, once we have reached agreement. I shall endeavour to respond to all the questions that I have been asked.

Repealing the European Communities Act is an important step to ensure that there is maximum clarity on the law that will apply in the UK after we leave the EU. I cannot see the sense in needing a separate Act to repeal the European Communities Act. This repeal in Clause 1 is front and centre of the Bill; indeed, this Bill was originally called the great repeal Bill. To prevent this Bill from repealing the European Communities Act would undermine perhaps the most important part of it.

I suspect that I have read the intention of the noble Lord, Lord Adonis, correctly when I say that he would prefer the European Communities Act to be repealed in the withdrawal agreement and implementation Bill that was announced by the Secretary of State in November. That Bill would then deal with the implementation period and our relationship to EU law during that period. This may be founded on the misconception that, if Parliament does not repeal the European Communities Act and appoint an exit day, that will somehow prevent the UK exiting the EU. If that is the case, I am sorry that I have to disappoint the noble Lord: our leaving the EU is a matter of international law, and we are leaving no matter what is or is not done to the European Communities Act.

I will address the noble Lord’s question about exit day and procedure. What will become Section 14(4)—currently Clause 14(4)—could be used to change the exit day in the Bill only if the Article 50 period were to be extended; it could not be used to prevent us leaving the EU. That is a matter of international rather than domestic law. The exercise of Section 14(4) to alter the exit day in domestic law in accordance with Article 50 would be subject—in answer to the noble Lord, Lord Tyler—to the affirmative procedure in both Houses. I will give more detail on that in a minute. We do not expect to use this power and we are leaving the EU on 29 March 2019.

The noble Lord, Lord Hain, and the noble Baroness, Lady Hayter, asked further questions about our exit day and the amendment. In the other place we tabled an amendment which set exit day in order to provide certainty and clarity, and we accepted further amendments on the issue, again to provide further clarity. The amendments set the exit day in the Bill as 11 pm on 29 March 2019, while retaining the technical ability to amend the date at a later stage. As I said, that can happen only if the European Council—including the UK, of course—unanimously decides to change the date on which the treaties cease to apply to the UK, as set out in the famous Article 50. We do not intend this to happen.

I will give the noble Lord, Lord Tyler, more detail on his point. Any change to exit day in domestic law under the power of what will become Section 14(4) will be by the affirmative procedure, guaranteeing a vote in both Houses. The affirmative procedure in this instance is provided for in paragraph 10 of Schedule 7.

Providing for the date of the repeal of the 1972 Act in the Bill that implements our withdrawal agreement might seem tidy in certain scenarios, but it would put the legislative cart before the diplomatic horse in what I feel would be quite a dangerous way. Both the withdrawal agreement and the implementation period are, of course, still matters for negotiation. This Bill, being agnostic on the negotiations, is designed to prepare the statute book for our withdrawal. I say to the noble Baroness, Lady Hayter, that there will be additional legislation to implement our withdrawal agreement. As I said a moment ago, this Bill is designed to implement the clearly expressed will of the British people to leave the EU, and therefore the date of repeal is set at the point that the UK will fall out of the Treaty on European Union and the Treaty on the Functioning of the European Union.

There are many demands on parliamentary time, as we know to our cost, and this is the Bill that will prepare our statute book for exit. The amendment would force the date of repeal into the agenda of another Bill. This is the right time and place for the debate on the repeal of the ECA, and the debate should incorporate all the additional context and provisions necessary for a smooth exit. Indeed, if we did not reach an agreement and the second of the noble Lord’s amendments were agreed, we would be in a state almost of paradox. To repeal the ECA, the Government would be compelled to enact a statute for the purposes of Clause 9(1) of the Bill— a clause which itself is predicated on the existence of a withdrawal agreement. So we would be forced to enact a statute enabling us to approve the final terms of the withdrawal agreement and set the date of the repeal of the European Communities Act without such a withdrawal agreement existing. That is too much of a logical conundrum to ask any Bill to bear, and not an acceptable way to go about legislating.

Clause 1 will provide certainty to businesses and individuals that the European Communities Act will be repealed on exit day. Any attempt to change this while negotiations are ongoing would lead only to a lack of clarity on the law that will apply in the UK after we leave the EU. This would run counter to the primary aim of the Bill, so I hope that the noble Lord will be willing to withdraw his amendment.

[Lord Tyler]

I am grateful to the Minister for seeking to clarify the point about process, and I take on board what he said about paragraph 10 of Schedule 7. But will he give an absolute undertaking to the Committee that there will be no attempt to accelerate the process? I think he would accept that, if the Minister in this case were seeking to do something at speed, for expediency’s sake—surely that would be the only circumstance in which it would be necessary to change the date—it would be extremely difficult to give both Houses of Parliament advance notice and the usual time for consultation. Is the Minister giving us an absolute undertaking that the normal process and timescale will apply and that there will be no attempt to accelerate the process?

[Lord Callanan]

Yes, I am giving the noble Lord an assurance that the normal timescale of the affirmative procedure for statutory instruments would apply in this case.