European Union (Withdrawal) Bill

Debate between Lord Davies of Stamford and Lord Blencathra

Committee: 2nd sitting (Hansard - continued): House of Lords
Monday 26th February 2018 Lords Chamber

[Lord Blencathra]

My Lords, as the tail-end Charlie in this debate, I too shall be brief. I believe that there is nothing fundamental about this so-called charter. It was a political wish list cobbled together by the EU in the year 2000, incorporated into the Lisbon treaty in 2009, and opposed by every Labour Government Minister. In fact, Gordon Brown would not even go to Lisbon on the first day to sign it. He wanted to distance himself from it. It includes such meaningless waffle as the right to “physical and mental integrity”, and such wonderful new rights as the right to marry and the right to freedom of thought. As the noble and learned Lord, Lord Brown of Eaton-under-Heywood, so cleverly exposed, my right to freedom of thought seems to apply only to the 20,000 EU laws. If I am thinking about any other UK laws, the charter does not seem to apply.

Of course, the charter contains the fundamental right to a fair trial. Well, 803 years ago, this noble House put the right to a fair trial in Clause 39 of the Magna Carta. That is the most important fundamental right of all, which we have had for more than 800 years. The Magna Carta was also known as the “Great Charter of Freedoms” and the late Lord Denning called it,

“the greatest constitutional document of all times—the foundation of the freedom of the individual against the arbitrary authority of the despot”.

That is what our predecessors in this House did—not the King, not a foreign court but this noble House.

[Lord Davies of Stamford]

Does the noble Lord recall that the Magna Carta was in 1214, and that the first Parliaments began to sit in the 1270s?

[Lord Blencathra]

The Magna Carta was imposed on King John by the Barons, as I understand it—the Barons being Members of this noble House. The House did not exist in that form, but it was imposed by the Lords and the Barons. The House of Commons passed the Bill of Rights 350 years ago and imposed it on the sovereign, guaranteeing our rights to free elections, no taxes without parliamentary approval and free speech. The Bill of Rights passed 350 years ago by this Parliament formed the basis of the United States Bill of Rights and Bills of rights of other countries around the world.

Then just 70 years ago, we used our unique experience to write the European Convention on Human Rights—largely written by British lawyers. We wrote that for countries which had no history of our fundamental freedoms and had suffered the evils and degradations of National Socialism. What I am saying is that the worst indictment I make of the EU is that it seems to have destroyed the belief among parliamentarians, noble Lords and Members of Parliament that we are capable of governing ourselves and writing our own law.

There is nothing of any value in the Charter of Fundamental Rights which is not already covered in UK law or the European convention. If we find some great new right in the future and decide that freedom of thought must become a law, are we incapable in this House, in the other place and as British parliamentarians of drafting that? Are we so enfeebled and incapable that we cannot do it? If the Barons could do it 800 years ago, Members of Parliament 350 years ago and the British Government and parliamentarians did it for Europe 70 years ago, are we so incapable that we cannot do it now?

The people of this country voted to bring back control of our laws because they believed that Parliament was capable of making better laws than the EU. They believed that we are better at deciding on our essential rights than an ECJ judge from Bulgaria who has a law degree in Marxist-Leninist law—I have checked on that, and he has got a degree from Sofia on Marxist-Leninist law.

I happen to agree with the British people. I see the incredible wealth of talent in this House, with noble and learned Lords and Law Lords, and I trust our courts. We do not need nor want this charter. Let us wear once gain the mantle of our predecessors in the Lords and Commons, who gave us every freedom that has been worth fighting and dying for for the last few hundred years. We need the courage of the electorate, who trusted us to make our own laws once again. We should not let them down.

European Union (Notification of Withdrawal) Bill

Debate between Lord Davies of Stamford and Lord Blencathra

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 1st March 2017 Lords Chamber

[Lord Blencathra (Con)]

My Lords—

[Lord Davies of Stamford (Lab)]

My Lords, I shall be very brief—

European Union Referendum Bill

Debate between Lord Davies of Stamford and Lord Blencathra

Wednesday 4th November 2015 Lords Chamber

[Lord Davies of Stamford]

I am most grateful for that intervention. I know that the noble Lord has a very long history of public life in local government before he came here and takes a great interest in these matters. He is absolutely right. Exactly what I have in mind is something that is an intelligent summary of the case which sets out the essential facts. There is far too much spin in the political world in which we live. We know that there is far too much dishonesty, suppression of material fact for the convenience of Governments and far too many back-stairs, deniable, non-attributable briefings and so on.

We want a situation in which any household in this country can have access if they wish to intelligent arguments both ways and can make up their own minds on that basis. Not only do I think that this would be an important element in the campaign and a great contribution to democratic transparency and democratic involvement, it would be a very good thing to go back to some of those first principles which we had in 1975 and make sure that this campaign involves serious consideration by as many people as possible of the real issues—albeit that we know that some people will be influenced by prejudices and emotive language, and some by the tabloids. But we hope that the number of those people is small in relation to our total democracy and that we have intelligent discussion, debate and consideration before we take a dramatic decision about our nation’s future.

[Lord Blencathra (Con)]

My Lords, I have listened to my noble friends Lord Forsyth and Lord Lamont. I say to my noble friends that if my preamble takes more than 11 minutes, please move a Motion that I no longer be heard ever again. This is a relatively simple matter. In any United Kingdom election involving the four countries of the union, there will be about a dozen major political parties and thousands of fringe candidates. Between them, the major parties will offer hundreds of different policies, and it is right that they have spending limits and are able to advance their arguments for all those hundreds of policies. That is why the political parties need to spend money arguing totally different cases.

However, in the case of this referendum, there are only two campaigns: one to remain and one to leave. In those circumstances, I cannot understand why the political parties will also get money to spend on campaigns. There is nothing to stop the Labour Party or the Conservative Party or any other party campaigning: let them join the “remain” campaign or the “leave” campaign. Let them put all their effort into helping those two options: leave or remain. In those circumstances, it is grossly unfair and illogical that the political parties are getting money to spend, based on their last election results, to campaign on a simple question: do we remain in the European Union or do we leave the European Union? Let the political parties weigh in behind either campaign, and keep it simple and fair.

European Union Referendum Bill

Debate between Lord Davies of Stamford and Lord Blencathra

Wednesday 28th October 2015 Lords Chamber

[Lord Davies of Stamford]

I had not quite finished my remarks. I will do the noble Lord the courtesy of replying to his intervention. We both agree on the need for coherence. I totally agree that we do not want to make another piecemeal change, which is why I suggest that we make a universal change. In my view the Government should take the opportunity to say that they will legislate as soon as possible and bring forward legislation that will enable us to reduce the age of the franchise for Westminster elections—indeed, for all elections in this country.

[Lord Blencathra]

My Lords, I oppose these amendments. I appreciate the Government’s position that they had to select an electoral register that would be appropriate for this referendum. No one register is perfect. Clearly the one used for the EU elections is not appropriate, nor is the one for local government elections. Therefore, I accept that the one used for the last general election is probably as good as any because it is based on the age of majority.

I believe that, whatever amendments we make, we should stick with the age of 18. We have to pick an age somewhere and there is nothing magical about reducing it to 16. One of the arguments advanced is that this referendum will affect that generation for 40 years. If it affects 16 and 17 year-olds for the next 40 or 50 years, then it affects 15 year-olds, 14 year-olds and 13 year-olds, many of whom are equally switched on and with it and know what is going on. Yet there is no suggestion that it should go down to that age. If the argument is based on the referendum affecting millions of young people, there is no logical reason to stick at the age of 16.

The other argument used is Scotland. The argument that we have heard tonight is that there are so many enthusiastic young Scots. Scotland is recommended because it made young people enthusiastic for voting and for change and that we should therefore follow the Scottish example. I profoundly disagree. Just because Scotland did it does not make it wise or right. When I was aged 16 in Scotland in 1969 I was heavily involved in politics. I was enthusiastic, keen and reasonably well informed. I had absolute certainty, not just on how this country should be run. I even had suggestions on how Chairman Mao should amend some of his little red book. I knew what Mr Brezhnev should do to make the Soviet Union better. I had a wide range of enthusiastic views, but thank goodness I was not in a position then for the Government to be inflicted with my vote or for my childish enthusiasms to be put into law or enacted.

There are very few areas where we treat 16 as the age of majority. That is quite telling. Indeed, we treat 16 and 17 year-olds as children with no real say of their own in a large number of areas. What are those areas? Sixteen year-olds can get married, but only with their parents’ consent, although Scotland is different. While 16 year-olds can marry, they cannot buy a kitchen knife until they are aged 18. I know that for a fact because I was the Minister who put that law through, for some reason or another. Sixteen year-olds can join the Army, but only with their parents’ consent. They cannot go into combat until they are aged 18.

So what can they not do until they aged 18? They cannot buy tobacco or alcohol. They cannot gamble. They are too young to be sentenced to a young offender institution because the law regards them as children. They cannot legally watch a film with an 18 classification. That is a telling point. If our law considers them too young to watch a violent or pornographic film, how can we say that they are capable of making a decision on major political issues? They cannot serve on a jury. If they are regarded as incapable of exercising judgment there, why are they able to exercise judgment on national political matters?

--- Later in debate ---

[Lord Blencathra]

It may be that 15 million people go to Spain every year but none of them gets the right to vote in its elections.

I am probably more naive than my noble friend Lord Hamilton, but maybe not quite simple. I am not suggesting this is a deliberate ploy to stack the electoral register to help the stay-in, BSE campaign. That may not be the intention but there is enormous cynicism out there in the country about politics, politicians and a fear that we will somehow, as politicians, stack things so that we stay in. That is why there is concern about whether Europe will spend money on the campaign and whether Ministers and others will use their position to campaign for an in vote?

They may not, and there are purdah rules to stop it, but the view in the country is a rather cynical one that politicians cannot be trusted to have a proper, fair electoral referendum. If there is a majority of 10 million either way it will not matter, but if the majority to stay in or to leave is 1 million or 1.5 million, and 1.5 million EU citizens have voted, it will not take much to see that the British public will say it was rigged, they “woz robbed”, and the whole election result was unfair.

I repeat, as many others have said, that no other EU country permits non-nationals to vote. The noble Lord, Lord Hannay, who is expert in these matters, tried to draw a distinction between this referendum, which could result in Britain leaving, and other national referenda on less important issues. I beg to differ on a couple of occasions. When the Danes voted against Maastricht it was a nuclear bomb under the EU at that point. The Danes were told to think again and keep voting until they came up with the result that the EU wanted. That is me being cynical on this occasion. If Denmark had not voted again—

[Lord Davies of Stamford]

Will the noble Lord address the point that I made in my intervention a moment ago? Although it is true, as he says, that no other EU country grants the right to British citizens who are resident there to vote, it is also true of Commonwealth countries. No Commonwealth country grants British citizens who are resident in their country the right to vote, so why does he justify the anomaly that we are extending under the regime that he is defending—the right to vote in this referendum to Commonwealth citizens but not to citizens of fellow EU member states?