European Union (Notification of Withdrawal) Bill

Debate between Lord Empey and Lord Flight

Committee: 1st sitting (Hansard): House of Lords
Monday 27th February 2017 Lords Chamber

[Lord Empey]

I am grateful to my noble friend. Perhaps I should rephrase what I said: we were silent on amending the legislation to provide for a second referendum. Therefore, the Electoral Commission changed the wording, which was accepted to get the clarity that we need.

I fear that if we go down the road of trying to send Ministers to Brussels against the backdrop of a number of these amendments, we would not be sending Ministers with whom Brussels will negotiate. We are sending a second 11: we are sending delegates, not Ministers. As someone who has been in a prolonged negotiation, I know that it requires a stretch on the part of both parties. If you were sitting in Brussels and were minded to try to reach an agreement with our Ministers, why would you stretch yourself outside the four freedoms or take a big leap if you thought, first, that you were not dealing with people who could make agreements with you and, secondly, that you would be shot down because there were people in this Parliament and in this country who could undermine you after you had made the effort to reach an agreement? There are a number of amendments along these lines. We need to think carefully of the mechanics and atmosphere around the negotiating table.

[Lord Flight (Con)]

On the territory about which the noble Lord is talking, I cannot understand, if negotiations have gone on for two years or more and we have finally agreed all the thousands of things that need to be agreed, how we could possibly then put it to a vote. The whole process of negotiating the deal with the EU will not work if we have a vote at the end.

[Lord Empey]

One way of dealing with it would have been to make it clear that we were going to put things to a vote at the end. But now we are in a position of risking getting any kind of meaningful negotiation from Brussels because we would be sending people there who are incapable of making an agreement. We understand that it has to be approved by Parliament. Let us not forget that the European Parliament has to approve it—anyone who has had experience over there will know that that will not be a pleasant experience. I caution the noble Lord, although I understand what he is trying to say.

European Union Bill

Debate between Lord Empey and Lord Flight

Monday 23rd May 2011 Lords Chamber

[Lord Flight]

My Lords, it is very tempting to support the amendment, and the noble Lord, Lord Stoddart of Swindon, made some good points about expenses. The forced holding of second referenda has been shameful and has involved quite improper practices. However, I should like to make two points on why the amendment may not be appropriate for this country. The first is that any second referendum would require the approval of both Houses of Parliament. I trust that this House, unless it is dangerously interfered with, would act properly in that situation. Secondly, in the event of a referendum on “in or out” in which people voted to stay in but certain developments in Europe within the five-year period made the situation dramatically different, it would be unwise to be limited by a five-year rule that the UK could not reconsider the issue again in the light of future developments. Many Members of this House are sympathetic to the amendment on the improper use of forced second referenda, but such a measure would not be appropriate in this country.

[Lord Empey]

My Lords, many people would be sympathetic to the amendment. There was, however, a difference between the two referenda in Ireland, and the difference was that the Irish Government believe that they negotiated a stronger deal. They were going to lose their Commissioner and various other things, so they negotiated hard and obtained changes.

The way in which Brussels went about things in the Republic was brutal. People felt intimidated and threatened, and their financial security was threatened. Of course we can see why that happened and the genuine concern. Public opinion in the Republic since the imposition of what the public regard as penal conditions surrounding the bailout is shifting against the European Union. I have no doubt that, as the noble Lord, Lord Stoddart, said, there was intimidation. It was not a pretty picture. However, one thing that would worry me about the amendment is that if a proposition were before our Government and Parliament that contained certain conditions that we objected to and those conditions were subsequently, because of the referendum, negotiated out, where would we be if we found that we had what we had asked for? We would not be able to do anything about it for five years. That is my only concern. I do not dispute the sentiment or what actually happened, because I saw it from next door, and it was brutal. However, the Irish Government negotiated a better deal. That is my only reservation about the amendment. If we found that we were able to negotiate, we would be hamstrung.

The other lesson is that having a referendum behind you as a requirement has proved to be a strong negotiating tool. The Irish are a classic example. Because of their fundamental financial weakness, they were not able to press it home, but they got improvements. In our circumstances, what would we do if we were able to negotiate what we wanted and achieved our objectives?