Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2018

Debate between Lord Deben and Lord Foulkes of Cumnock

Tuesday 12th February 2019 Lords Chamber

[Lord Foulkes of Cumnock]

My noble friend has stolen my peroration. He is absolutely right and said it much better than me. It is a frightening prospect that if nothing is agreed, nothing is approved, by the end of March we will face emergency legislation.

[Lord Deben]

I just wanted to give the noble Lord a chance to rewrite his peroration. Can I ask him very simply, is this what he would define as taking back control?

[Lord Foulkes of Cumnock]

That is an even better peroration. The whole campaign of the leavers was to take back control—if I remember—to the British Parliament, not the British Government. It is not the Government or even the Cabinet, but one person who seems to be ramming it through with some kind of stubbornness and determination. That was not what it was supposed to be about. It was supposed to bring the power back to this Parliament.

I say to my noble friend Lord Adonis, if they try to push it through by emergency legislation that will be a real test of the mettle of every Member of this House, particularly the Cross-Benchers. Are they going to stand up for Parliament, or be subservient to our autocratic Government? That will be the test.

I think I have gone a little bit wider than the statutory instrument and I am grateful for the fact that the Lord Speaker does not have the same powers as the Speaker in another place; otherwise, I might have been ruled out of order by now. I am sorry to be slightly flippant; it is a very serious matter. Coming back to relevance, this one statutory instrument is illustrative of the kind of thing we face in this Parliament at the moment, and it is quite frightening.

Human Fertilisation and Embryology (Amendment) (EU Exit) Regulations 2019

Debate between Lord Deben and Lord Foulkes of Cumnock

Wednesday 9th January 2019 Grand Committee

[Lord Foulkes of Cumnock]

I certainly do. I see that my noble friend Lord Tunnicliffe is present. He has much greater experience in the House of Lords than I do, and he reminds me that there is a danger in using what I think he called the nuclear option of moving against statutory instruments because of the implications. If we were able to consider amendments to them and amend them in some way, we would not have that worry; we would be able to deal with them in a more specific, detailed, thoughtful and effective way. This is a difficult issue. A lot of people have become increasingly concerned over the years—and I know that this is not just in the Labour Party; it stretches right across the parties to the Conservatives, the Liberal Democrats, the Greens and others—that more and more statutory instruments are just being pushed through, rather than those matters being dealt with in primary legislation.

[Lord Deben (Con)]

Hear, hear!

[Lord Foulkes of Cumnock]

The noble Lord, Lord Deben, has said “Hear, hear!” in a very positive way. I remember attending a very interesting world conference on the environment that he chaired brilliantly. He allowed everyone to participate fully, which had not happened under the previous presidency and I think has lapsed under subsequent presidencies. He did it very well indeed, which allowed matters in that area to be considered appropriately. It is good to have endorsement from the other side from someone with such experience.

European Union Bill

Debate between Lord Deben and Lord Foulkes of Cumnock

Tuesday 5th April 2011 Lords Chamber

[Lord Deben]

I hope that the noble Lord, Lord Howell, can help us on this occasion, because I fear that if he does not, two problems will occur. The first is the way in which the Bill has been explained to people such as me, who hold the same view about Europe that we started with and have no intention of changing it because it is even more important now than it was when we began. We have been told that the Bill is merely a means whereby we can give the British people confidence that, should some very large change be made, there will be an automatic opportunity for them to give their view.

I do not believe in referenda in any circumstances. They are wholly unsuitable in a parliamentary democracy; they are a foreign invention used by people for ulterior motives; and they have never been part of the sort of society in which we live. I am ashamed that my Government have brought this forward. I am even more ashamed that the Liberal Democrats allowed an agreement with the Conservative Party to contain this element. I look forward to hearing an explanation from some noble Lords who stood side by side with me in debates again and again yet who allowed this to happen. However, it has happened and the excuse given to people such as me is that it is all right because it will be used only in extreme cases when probably one would want the information anyway, and we have to understand that we have moved on when it comes to referenda.

I have still to be convinced, and this does not help the convincing. The suggestion is that we reserve the right to have a referendum on something that cannot take powers from this country and give them to the European Union. Later I shall point out that there are many things that we need. I will mention quickly the need for greater European competence in energy, so that the Spanish will be able to feed their energy into the grid and will not be stopped by the French who want to protect their nuclear industry. That needs specific European powers. I can imagine going up and down the country, trying to explain to people why we have to have a referendum on energy moving from Spain to France, because the Government have trapped themselves with the Bill. However, that is for later. Here we are giving the Government powers to ask for a referendum on something that they do not need in the rest of the Bill; it is the most amazing proposal. I will come to my second reason when I have given way to the noble Lord, Lord Foulkes.

[Lord Foulkes of Cumnock]

The noble Lord referred to competence on energy. Is not an even more powerful example that of the environment? I heard the noble Lord chair an international conference on the environment; he chaired it splendidly. Is that not a perfect example of where a European competence is even more vital?

[Lord Deben]

Well, we could go into the referendum and opinion poll mechanism of running government, which of course means the Daily Mail running government—let us be clear what the purpose of this is. If we ran government by opinion poll, we would exempt from the Bill anything to do with the environment, because an overwhelming majority of people believe that the environment is better protected on a European basis. They understand that half the emissions we create we give to the rest of Europe, and half the pollution in this country comes from the rest of Europe. One cannot have an air pollution policy unless it is European, and that is true of most of the issues about which we talk.

I will give my noble friend Lord Howell the second reason why we need to be very careful about this; it is for his own protection. If this is in the Bill, the head-bangers, of whom there are some in both Houses, will say, every time there is any decision in the European Union, “What about this?”. We all know who they are; it would be quite wrong of me to mention any names, but they will rise to their feet again and again because they are utterly committed to doing anything to stop—I give way to the noble Lord, whom I have not named.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Deben and Lord Foulkes of Cumnock

Monday 20th December 2010 Lords Chamber

[Lord Foulkes of Cumnock]

Reckless is the word for it. As my noble friend Lord Bach was talking, I was sitting here and considering what the common factor was behind all this. It is the Deputy Prime Minister. I must choose my words carefully, but I do not think that he thinks in British terms. He thinks in terms of continental European constitutions and is moving our constitution inexorably towards some kind of continental European constitution, with fixed-term Parliaments, a different electoral system, and changing the composition of the second Chamber—all of this. Okay, that is the agenda, but is it a Conservative agenda? Is it one that all my friends on the Conservative Benches really feel in their guts, in their blood, their water or their instincts? Some of them are my friends—there are only three on the Back Benches at the moment but there were quite a few earlier. I am sorry, there are more; there are five of them. I missed the two distinguished Members perching in the corner. Do they really want this country to go that way?

Someone is shaking his head almost imperceptibly, but I can see it. I know that I am going well beyond the terms of the amendment. If someone with the powers of a Speaker of the House of Commons was in the chair, they would be drawing my attention to it. However, this is relevant, because we are going down a road which is really troubling me and should be troubling Members opposite even more.

[Lord Deben]

My Lords, I wonder whether it is possible for us to imagine the state of mind of those on the other side who, having suggested AV, now consider this to be evidence of a plot. They themselves recognised that we should have a system whereby constituencies should be at least more or less the same size, which was why they stopped—it was they who did it—keeping a special factor to enable people in dispersed constituencies to have fewer Members of Parliament. It was a Labour decision to stop that. They now come to the House and argue that both things are unacceptable. Surely being fair is a Conservative concept. Should we not have constituencies of the same size? That seems to be a very Conservative principle.

Is it not also a Conservative principle to suggest that the public might make their own choices in these circumstances? It happens to be a Conservative principle with which I disagree. I do not believe in referenda and I never have believed in them. However, it is very curious that noble Lords opposite suggest there is something intrinsically un-Conservative in having a referendum. I do not understand that at all. There is something deeply wrong in referenda, but that does not mean that people who believe in them could not be Conservative.

Why are Labour Members making such a fuss about this matter? Could it possibly be that they are seeking with some real difficulty to find reasons why they should spend as much time as possible discussing these matters? I do not want to help them in that, so I will finish by saying one simple thing. I came to this House expecting and finding that there was, in many cases, a degree of quality in debate unfound in my 35 years in the House of Commons. I am very sad to find that during these recent Bills, those who have experience of the House of Commons and those who have been press-ganged into the little battle have used all the techniques which brought and bring the other House into such disrepute. I am very sorry that yet again on this Bill we have lowered ourselves to doing the kinds of things which are done elsewhere. It is a pity that we cannot look back on our traditions, even for someone as newly hatched as myself, and raise the standards again.