European Union Bill

Debate between Lord Flight and Lord Risby

Wednesday 8th June 2011 Lords Chamber

[Lord Risby]

My Lords, it is worth pointing out that the referendum is now part of our political culture. Indeed, it is not only part of our political culture, but right across the European Union referendums are deployed to get people’s views. It is now a fundamental part of the whole democratic process. However, the potential effect of this amendment is to make the referendum advisory. That is the point because if it is below 40 per cent the decision is referred back to Parliament. The essence of that argument is that the result ceases to be mandatory and effectively becomes advisory. That destroys the whole point of the reconnection process.

We are trying through the Bill to reconnect the people of this country with the European Union. It is a big challenge. If we are going to re-engage people in that process we must recognise that, if there is going to be constitutional change, the vast majority of people will want to feel that their voice is represented in the process. We owe that to them. I very much agree with the noble Lord, Lord Stoddart, that the 40 per cent figure is arbitrary. It would be absurd in a local or European election, when sometimes the figure drops below 40 per cent, to reject the result. That is not the way we do things. We must remind ourselves that the vast majority of people will want a referendum if there is going to be an important transfer of powers to the European Union.

The AV referendum showed us that on an important constitutional issue, the people of this country will be fully engaged. They took it seriously and voted in great numbers. I have the greatest confidence that in a matter such as the one before us, the potential transfer of additional powers to the European Union, they will of course be very interested. Therefore, I feel that turnout would be quite high.

We must make sure that people feel that when they vote, their vote counts and is decisive. Otherwise, it will destroy the point of the referendum. The referendum lock should be given without qualification; it is in the spirit of what the Bill is about. The fullest acceptance of the referendum result voted by the people is something that we should recognise. It is our duty as parliamentarians to do so.

[Lord Flight]

My Lords, I voted on two occasions for the Rooker amendment on AV. It is tempting to join the noble Lord, Lord Lamont, in taking the position that there may be a similar argument for supporting here an amendment that requires a 40 per cent turnout. However, the position is not at all analogous. In this situation, the aim is to protect the people of this country from having the powers of their Parliament and Government further diluted and given away, as has sadly happened in the recent past, with Parliaments breaking their word to citizens and acting in a way contrary to that which they promised—I refer, for example, to the recent Lisbon treaty.

It is very clear that the Bill is there as a protection for the British people, and it would be made meaningless if we said to them, “We are going to give you this lock and protection, but if less than 40 per cent of people vote, we will give power back to the Government of the day who command a majority in the House of Commons”. It is not an analogous situation to changing the voting system, where there were powerful arguments requiring an adequate turnout. It is not a situation that Burke would have supported in the slightest; he would have been absolutely against giving away the powers of the British Government and Parliament to another organisation. Either we give citizens a meaningful lock or we do not. Therefore, I feel no discomfort in opposing these amendments, having supported the Rooker amendment on AV; it is the whole point of the Bill.

European Union Bill

Debate between Lord Flight and Lord Risby

Monday 9th May 2011 Lords Chamber

[Lord Risby]

I will be delighted to. I will come in a moment to a discussion of various elements such as passerelle clauses, which I hope will cover this point.

Clause 6 sets out which passerelles would automatically trigger a referendum if powers or competences were moved from the UK to the EU. We touched, for example, on the matter of defence. This reflects the reality for us that EU member states have different relationships with third countries and different foreign policy priorities. For example, the UK has particularly strong relationships with interests in the Commonwealth. It would be wrong to give the EU the ability to prevent us developing these relationships. I am sure that that is perfectly logical, and it is covered in Article 31(3).

I turn to measures on working conditions and social security. Noble Lords will know that QMV already applies to many decisions concerning the health and safety of workers, working conditions, informing and consulting workers, combating social exclusion, modernising social protection systems, as well as to decisions in areas such as the European social fund. However, there are important things left for unanimity; for example, social security and the social protection of workers, the protection of workers when their employment contract is terminated, et cetera. These things can have a huge impact on the life of an individual nation and the businesses that add to the prosperity of that nation. Any move to QMV could jeopardise independent national decisions on that score. If we look at environmental matters, for example, they are mostly covered by QMV, but there are others that are still subject to unanimity. We would, of course, like to retain national control of what is left on the environment where there is a fiscal element attached to them: town and country planning; the management of water resources or the availability of those resources or land use; and, of course, the choice of energy resources and the general structure of the energy supply. These are very important for people at an individual level, a community level and a national level.

So, as we look at this debate and hear the discussion, I find it rather perplexing that our currency alone seems to have a critical aspect for our relationship with the EU. I think it is misplaced. There are all these other areas of vital concern to our national interest which concern people in terms of our relationship with the European Union. Coming back to my original point, it is precisely because we want to defuse the difficulties that have arisen in terms of public opinion and the public’s attitude to the European Union with a totally pragmatic Government—that has been obvious in the past year—that this Bill is in place. If we have red lines, they have to be very clear and very red. The amendments would make the Bill incoherent and make the public very suspicious and alienated. That is exactly what this Bill seeks to avoid.

[Lord Flight]

My Lords, I rise to address the amendments tabled in my name. As I understand it, Clause 6 addresses areas that are suitable for the requirement of a referendum in two of the ways in which a veto could be given up which are not covered by Clauses 2 to 4. They are, through the other part of the simplified revision procedure using Article 48(7) of TEU, effectively a third type of treaty change, and the six specific cases are dealt with by the passerelle.

The amendments are grouped somewhat strangely in that my Amendments 35A, 35B, 48A and 48B are on one side of the argument and all the others, with the exception of Amendment 40A, are in one way or other seeking to reduce situations where a referendum and Act of Parliament are required. Self-evidently, I do not agree with those amendments.