European Union Bill

Lord Empey Excerpts

Wednesday 8th June 2011 Lords Chamber

[Baroness Falkner of Margravine]

Since the noble Lord continues with the matter, I will detain the House for a moment. What is the point of a recommendation coming out of a Joint Committee if the Government ignore it?

[Lord Empey]

My Lords, I have listened carefully to this debate and there is one thing that we can say about ourselves: we are at least consistent in our inconsistency. We were talking earlier about 40 per cent thresholds and yesterday we were talking about 5 per cent thresholds, and some of us have been subjected to referendums over the years whether we like them or not. Therefore, the important argument about parliamentary democracy which was put forward eloquently by the noble Lord, Lord Deben, and others does not quite register. I fear that this amendment suffers from the same weakness that it is the purpose of the Bill to try and resolve—that, effectively, Parliament is making these decisions. We hide behind the words “major constitutional significance”—some people may say they are weasel words—because what is major to me might not be major to the noble Baroness. We then take away from the Government of the day any significant role unless they rely on their party positions to whip people into particular positions.

The noble Lord, Lord Liddle, referred to the fact that the Government had to be able to respond and be a good partner to our European colleagues. I believe that the United Kingdom has been an exceptionally good partner over the years. However, simply because we have particular constitutional architecture concerning how we take decisions that affect us in no way invalidates us as a good partner nor does it invalidate a Government’s ability to respond. There are many decisions that require an urgent response. I see no reason why that cannot continue.

It is only when there is actually a change of substance that time will be taken to ratify that. Even when we have been talking about the current economic position in Europe we have been looking at the stability arrangements and others, and we know that these are going to take 18 months to 24 months to get through on existing arrangements. Therefore, I do not believe that this country would be unable to respond and act as a good partner. Nor am I frightened by the prospect that if we enhance our constitutional arrangements our European partners will take the huff and stop dealing with us. I do not believe that for one moment. It is our business. I believe that the Commission accepts that it is our business to decide whatever structures should be put in place. That is the way of the world. Other countries do it. Other countries have referenda; other countries have a variety of constitutional locks. As the European Union grows, I suspect we will enhance the variety of different decision-making processes that come in. Why should we be worried about that?

I do not think that people on the street are running around saying, “I wonder if we are a good partner with our colleagues in Paris or Bonn”. I do not think this is something that registers with the people. What does register is if they are told one thing and then something happens that is the opposite of what they were told or promised. That comes back to why there is a need for such a Bill. Whatever its inelegancies—and I can see that there are many—it is there because we have broken a trust. There is a huge gap between what we as politicians think and what the public think of us. It has only been the recent financial crisis and the situation with bankers that we now have somebody we can look down upon. Until then, we were really at the bottom of the pile.

The truth is that we are, and have been, inconsistent. We have chopped and changed on referenda. Burke was quoted extensively—I am no scholar on Burke—but he was operating in the 18th century.

[A noble Lord]

He was Irish.

[Lord Empey]

Yes, and all the better for it. However, time has moved on and things have evolved from what we did when kings were able to come into this building and chop people’s heads off. Our constitution continuously evolves. Just because we are attracted to the idea that a representative should be free to come into Parliament and express his or her opinion on behalf of those they represent—and people believe that to be a sacrosanct position—in the way the modern world has developed, the referendum genie is out of the bottle whether people like it or not. You are not going to be able to push it back in so the question is, what triggers it? Do we leave the trigger with the institution which has led us to the position where this Bill is on the table or do we put in some safeguards so that people know they will get their say?

I think that there is little alternative but to give this a try. It is not something that will last for ever—it might change. After 10 or 20 years it might no longer be sustainable and we need to improve it. We have moved on, people have moved on, communication has moved on and, thank God, people are educated to a much greater extent. Years ago, when people came into these buildings they represented the masses outside who could not read or write. Perhaps very few people had any grasp of what was going on around them. Their world was confined to their farm or, in more recent years, to a factory. Today, the people out there are much more sophisticated and probably know more than many of us in here. We have to respect that and trust the people.

We all make mistakes and sometimes referendums produce results that we do not like. The same happens in elections: it is the peril of the democratic world. However, we should look at the alternatives around the world. Whatever faults we may have, ours is a better system, but it has to evolve. I fear that this amendment, if passed, short-circuits and defeats the whole purpose of the legislation. Therefore, I am unable to support it.

[Lord Hamilton of Epsom]

I agree with the noble Lord, Lord Empey, because the purpose of the Bill is to give the people of this country the final say on what happens in terms of our relationship with Europe. If we allow this amendment to go through—and I totally oppose it—the effect will be to open it all up again so the discretion is left with Parliament. That is where the whole problem started. Successive Governments have misled this country about the implications of the treaties that we have signed. They have always been understated.

I spent much time as a Government Whip in another place saying to my colleagues, “Don’t worry about this, it is just tidying things up and putting things in order. It does not really have any impact on the way we do business here.” Every single time I said that I was lying through my teeth. Government have been lying though their teeth from the very start when we entered the economic community. We said to everybody, “Don’t worry, there are no issues of sovereignty here. We are joining a free trading area. A free trading area is a wonderful idea and we want to get into this as quickly as possible”.