European Union (Notification of Withdrawal) Bill

Debate between Lord Forsyth of Drumlean and Baroness Butler-Sloss

Report stage (Hansard - continued): House of Lords
Tuesday 7th March 2017 Lords Chamber

[Lord Forsyth of Drumlean]

I know that the noble Lord is very experienced. If he does not know the difference between a resolution in the House of Commons and putting in statute a power of veto for the House of Lords, I am very surprised to hear him making that point.

The point about the amendment that we are discussing, Amendment 3, is that it is a wrecking amendment.

[Baroness Butler-Sloss (CB)]

My Lords—

[Lord Forsyth of Drumlean]

I am not going to give way; I am going to make some progress.

--- Later in debate ---

[Baroness Butler-Sloss]

How can it be a veto since we cannot in fact impose our will on the House of Commons?

[Lord Forsyth of Drumlean]

The noble and learned Baroness is very experienced, and she should know that this House is able to impose its will on the House of Commons. By convention, we do not do so, and, if we sought to do so, we would be in very deep water. This amendment is taking us into deep water.

I return to the issue under discussion, which is the amendment. Proposed new subsection (1) says:

“The Prime Minister may not conclude an agreement with the European Union under Article 50(2) … on the terms of the United Kingdom’s withdrawal … without the approval of both Houses of Parliament”.


So we get to the final hour, at midnight, when the deal is being done, and the Prime Minister says, “Hang on a second, I cannot agree a deal—I’ve got to go and consult the House of Commons”. It is a ridiculous proposal—