Private International Law (Implementation of Agreements) Bill [HL]

Debate between Lord Foulkes of Cumnock and Baroness McIntosh of Hudnall

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Wednesday 13th May 2020 Lords Chamber

[The Deputy Chairman of Committees]

My Lords, the following noble Lords indicated a wish to speak after the Minister: the noble Lord, Lord Foulkes of Cumnock, the noble Baroness, Lady McIntosh of Pickering, the noble and learned Lord, Lord Mance, and the noble Lord, Lord Marks of Henley-on-Thames. I shall call them in that order and ask the Minister to respond to each of them in turn.

[Lord Foulkes of Cumnock (Lab Co-op)]

I had not intended to intervene at this stage. However, since this, is or ought to be, very similar to Committee if we were sitting in the Chamber, I hope that Members will understand why I do so. It is not to deal with questions that the Minister raised about Crown dependencies and overseas territories—although he answered the question that I had intended to ask later on, on other amendments, so that will shorten the debate later—nor indeed about the different jurisdictions within the United Kingdom. Again, that will be dealt with in subsequent amendments and I can come back to that during that debate.

I want to say two things. First, I agree totally with what my noble and learned friend Lord Falconer said; that will surprise neither him nor the Minister. Secondly, the noble Lords, Lord Adonis and Lord Pannick, made important points, which the Minister just touched on. As the noble Lord, Lord Adonis, said, we should note the significance of this being the first Committee stage of a Bill that we have held virtually. It is very important that we see that it operates properly.

As it happens, two members of the Procedure Committee are in this debate: the noble and learned Lord, Lord Morris of Aberavon, and me. At the committee’s last meeting, we asked for a report on the workings of this Committee stage—that is, how it will proceed. At its next meeting, the committee will discuss the procedure for virtual voting. If my noble and learned friend Lord Falconer hopes to divide the House on Report, as he indicated—I hope that he will—that cannot be done without virtual voting. It would be improper and unconstitutional for that to take place. My noble friend Lord Adonis should be reassured by that.

Finally, I hope that the Minister will treat this Committee stage just as he treats Committee stages on the Floor of the House—that is, take account of what has been said, be prepared for a challenge on these issues on Report and bear all this is mind before bringing the Bill in its present form back on Report. I hope he takes note of that.

--- Later in debate ---

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

My Lords, I am not aware that any other noble Lords have expressed a wish to speak after the Minister, so I call the noble Lord, Lord Foulkes of Cumnock.

[Lord Foulkes of Cumnock]

My Lords, I am really very grateful to the Minister for a helpful reply; he has dealt with each of the points that I raised very properly and helpfully. This is an issue that I feel strongly about generally and will need to pursue in another context in the light of that. I beg leave to withdraw my amendment.

European Union (Referendum) Bill

Debate between Lord Foulkes of Cumnock and Baroness McIntosh of Hudnall

Friday 24th January 2014 Lords Chamber

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

I should advise the Committee that if Amendment 10 is agreed, I cannot call Amendments 12 to 15 by reason of pre-emption.

[Lord Foulkes of Cumnock]

My Lords, I want to say a few words on the amendments in my name and those of my noble friends Lord Anderson and Lord Davies of Stamford. I hope that the noble Lord, Lord Cormack, can hear me, although whether he wants to or not is another matter.

I, along with my colleagues, have tabled about 10 amendments in this group. Some commentators outside this House have said that this is a disgrace and really dreadful. I see some nodding across the House—I presume in agreement with those commentators. It is our right and privilege to put down amendments and we should consider them carefully. I tabled a large number on this issue so as to give various options for the date—that is all. Some other commentators outside have said that the amendments are completely contradictory because they give different dates, but that misunderstands the purpose of Committee stage. As I understand it, the Committee stage of a Bill is for examining various options, and I have put down options for before the general election, after the general election and, as it happens, at the general election.

Some people argue—I know that the noble Lord, Lord Forsyth, might do it from his own perspective—that there should be an “in or out” referendum as soon as possible. Some pro-Europeans also argue that—in other words, in order to clear up the matter for another generation, just as we supposedly did in 1975, let us have an “in or out” referendum. If we are going to do that—forget about the renegotiation; this is just about whether we think that the principle of the European Union is right—then the early dates we have suggested in Amendments 13 and 14 of 22 May 2014 and 15 May 2015 would be ideal. One is the date of the European election and the other is the date of the general election. If you wanted to carry out a referendum, you could do it on the same day as either the European election or the general election. That would be quite possible, and those dates are just put forward as options for consideration.

The other option is 2020. Again, if you want to have a proper, thorough and widespread renegotiation, then the more time you have to do it, the better. As others said earlier, we still do not know exactly what the Prime Minister wants to renegotiate. When he was interviewed on the Andrew Marr programme, he did not seem to know which areas he wanted to renegotiate. We do not have the details of all the areas, so perhaps more time is necessary.

Amendments 16 to 20 would provide the opportunity for Ministers to decide the date depending on the outcome of the renegotiation. They would provide sensible flexibility in relation to the decision on the date and that might be better. Amendment 21 would insert,

“after consultation with the First Ministers of the devolved administrations”.

A journalist writing for the Daily Telegraph said that that would give Alex Salmond a veto.

As the noble Lord, Lord Forsyth, knows, I am the last person—perhaps the second last person; he is the last person—who would want to give Alex Salmond a veto on anything at all. It does not provide a veto: it is just a consultation with the First Ministers of Scotland, Wales and Northern Ireland about the date.

The noble Baroness opposite agreed with my critics but I hope she will agree with me now that these amendments provide the options for consideration by this Committee, which is its purpose. No doubt when we get to Report we will have firmed up the dates and will be clearer of what the desirable date should be.