Business of the House

Debate between Lord Dobbs and Lord Patten of Barnes

Wednesday 4th September 2019 Lords Chamber

[Lord Patten of Barnes]

I can relieve my noble friend of the rest of his anecdote because one of the shames of my life is that, even though I did papers in constitutional history at the University of Oxford, I have never opened AV Dicey in my life. I have read Tom Bingham and a lot of Burke; I know the difference between Burke and Rousseau and am on Burke’s side, which is where my views on parliamentary sovereignty come from.

[Lord Dobbs]

My noble friend will forgive me then for my errant message. While he is quite clear that he did not open AV Dicey, my memory is that he quoted from it. He will forgive me, I trust, if my memory is playing tricks on me. My noble friend mentioned Burke, who has been much quoted on the role of a Member of Parliament. I remind the House that, at the very first opportunity after Burke made his pronouncement, the electorate threw him out and never allowed him back into the House of Commons.

This is one of the most honest amendments, if I may put it that way. It talks about recognising the fact that the vote of 17.4 million people to leave the European Union is no longer relevant. Why do we forget that the people were made a solemn and sincere vow at that time that it would be their choice and that their decision would be honoured? They had that vow not only in political speeches but in writing. Those leaflets were put through the letterboxes of every house in the country. It should have come as no surprise because the Liberal Democrats had long campaigned for a referendum at that time. Noble Lords may remember the leaflet bearing the image of Mr Clegg which went out in which the Liberal Democrats campaigned for a real referendum. “You will decide”, it said. I do not know what happened to Mr Clegg, or what he is doing now, but I know what happened to that promise. The people were given that promise at a referendum. Every single party said it would honour the result of that referendum.

--- Later in debate ---

[Lord True]

I thank my noble friend for that. I was not expecting such a vigorous attack. I said that I am not used to the courts or the law, but perhaps that is the way in which business is conducted in the courts of law; I would rather that it were not so in Parliament.

[Lord Patten of Barnes]

I am not sure that my noble friend Lord Dobbs was defending my noble friend Lord True. I think he was saying that the Labour Party has filibustered in the past, so its Members cannot grumble tonight about my noble friend filibustering; that is what he seemed to be saying. My noble friend has a very good degree from Cambridge—not everyone is perfect—so perhaps he can explain this to us: if this is not a filibuster, what is?

[Lord Dobbs]

My Lords—