European Union (Referendum) Bill

Lord Crickhowell Excerpts

Friday 10th January 2014 Lords Chamber

[Lord Crickhowell (Con)]

My Lords, the Constitution Committee, of which I am a member, published a brief but important report on the Bill. Paragraphs 9 to 14 cover the referendum question and the role of the Electoral Commission. Paragraphs 15 to 17 cover the regulation of the referendum. The very important paragraphs 6 to 8 on process make two crucial points must be taken into account: first, that the Bill has reached us having been approved by huge majorities in the Commons; and, secondly, that if any amendments are approved here, it will almost certainly kill the Bill—or, as we delicately put it, “make it unlikely” that there would be time for the Bill to be passed.

In what we have to say about the recommendations of the Electoral Commission, we included the words:

“Taking account of the circumstances described in paragraphs 6–8, the House will wish to consider”,

et cetera. Those circumstances included the rejection by 244 votes to three of an amendment which would have replaced the proposed question with the first alternative proposed by the Electoral Commission.

In paragraph 17, which considers whether the conduct of the referendum should be decided by a process set out in full in the Act of Parliament, we have again used the words:

“Taking account of the circumstances described in paragraphs 6–8, the House will wish to consider”.

Those circumstances include the very limited time available. We have proposed that undertakings should be sought as to how the Secretary of State would intend to fulfil the duty imposed by Clause 3(2), in light of the fact that it would be virtually impossible in a Private Member’s Bill to set up the process in full in the Act.

I turn from the agreed position of the committee to my own conclusions as to how we should proceed. The issue that confronts us concerns the relationship between the two Houses and the proper role of the unelected House. The Bill has come to us with the full authority of the elected House, and with a great deal of evidence that the electorate want a referendum. Having served in both Houses, I am certain that, although the work we do here is hugely valuable, the will of the elected House must prevail. For that reason, I believe that it would be a grave mistake if the Lords were to kill the Bill. We have heard a good deal recently about the cynicism of the public and their considerable contempt for politicians. Very few outside Parliament will understand our arcane procedures, and if the Bill dies in the hands of this non-elected Chamber, many will believe that it was just another political manoeuvre designed to frustrate their legitimate wishes.

I say to the noble Lord, Lord Hannay, who has given immensely distinguished service to his country, but has never been elected, and who indicated that he intended to table many amendments and spend a great deal of time debating them, that if Members in his position take that line, it will simply add salt to the wounds already opened. Many of us fought vigorously and with success to defeat legislation that would have destroyed the House of Lords as we have known it and made it wholly elected. To defy the will of the Commons on this issue would be ample reason for those who believe in Lords reform to drag the question out of the long grass, where it lies at present.

There will be those who will debate the merits of staying in or leaving the EU and related questions. I will not join those debates. I do not think that this is the time or the place to do so. The issues before us are really very simple. Are we to approve or are we to destroy the Bill sent to us by the Commons? Are we to add to the despair that exists about the political system? Are we going to block the wishes of ordinary people who want the certainty that their views will be heard? I profoundly hope that the Bill will pass.