European Union (Withdrawal) Bill

Debate between Lord Foulkes of Cumnock and Lord Dykes

Committee: 4th sitting (Hansard): House of Lords
Monday 5th March 2018 Lords Chamber

[Lord Foulkes of Cumnock (Lab)]

My Lords, when I first heard of a Pannick amendment, I thought it was something like an emergency resolution. I now realise that it is an elegantly drafted and eloquently spoken to amendment. In the light of what we have just heard from the noble Lord, Lord Pannick, there will be no need for me to move Amendment 32.

[Lord Dykes (CB)]

My Lords, I begin by very quickly thanking the noble Lord, Lord Foulkes, for his comments—with which I agree entirely—and the noble Lord, Lord Pannick, for his very comprehensive explanation.

In general, Clause 5 is very problematic as drafted. I am grateful for the suggestions that have been made so far. Other colleagues who have spoken on other occasions about this danger in Clause 5 have expressed real concern about it suggesting leaving out the main subsections. Even if Section 1 is not separately debated today, they all come together in a cohesive generality.

The Bill converts existing EU direct law—as has been said, mainly regulations but also directives and sometimes decisions—into UK law as it applies on the actual exit date. I fear that Her Majesty’s Government, who have already shown massive incompetence in handling the whole wretched process of Brexit, underestimate the huge volume of SIs that would need to cascade through the system if enacted as they stand. I feel very strongly that it would not be seemly and proper to incorporate the words of the so-called supremacy of EU law as is written down now, even if there was a laid-down definitional basis. Even the qualified tone in subsections (2) and (3) does not reassure me. Unless the text is improved appropriately, I envisage endless scenes of parties arguing in UK courts over the underlying meanings—arguments for some length of time and at notable expense, of course.

Many outside expert observers of these matters—including, I recall, the Law Society—have flagged up these possible consequences. There have also been suggestions of them in various quarters, not least in our House’s Constitution Committee. The principle of the famous Clause 2 in the original 1972 EU membership Bill should be invoked to decide on the solutions—albeit for the reverse objective and in the reverse direction—to mitigate these dangers and provide the cover-all effect needed to avoid unnecessary litigation and post-Brexit wrangling.

I conclude by emphasising that taking part in these irritating and, dare I say, excessively bureaucratic legislative procedures in no way implies my support for the Government’s foolish, relentless, drive for a nightmare Brexit that fewer and fewer people in the UK now want. That is why I support the symbolic resistance of the noble Lord, Lord Adonis, to all the clauses standing part, including Clause 5.

House of Lords: Labour Peers’ Working Group Report

Debate between Lord Foulkes of Cumnock and Lord Dykes

Thursday 19th June 2014 Lords Chamber

[Lord Foulkes of Cumnock]

That is an option, absolutely. It is possible to look at a unicameral option. I was in favour of that. When I was in the other place, I voted for abolition. We have heard about the examples of New Zealand and Israel, and all the Scandinavian countries operate unicameral systems. My only doubt is because of what has happened in Scotland. In Scotland, there is one Chamber which is controlled by one party, which is controlled by one man who decides who the Presiding Officer should be and who members of the committees should be. The committees do what they are told and they do not challenge the Parliament or the Executive. There is no House of Lairds to question, challenge or revise. I am beginning to doubt unicameralism because of that. I have made the main point about the future.

[Lord Dykes]

If the Commons were on its own, you could not have timetabling of Bills either.

[Lord Foulkes of Cumnock]

That is a very good point.

Having made my main point, I am glad that I abandoned what I was going to say but I want to make one or two quick points about the immediate changes. I completely agree with getting rid of the robes. I constantly get this. Some people actually believe that we are sitting here day by day wearing ermine. That is what they tweet about me—that I am sitting here in ermine. Anyone who watches regularly can see that I am not.

I agree with the provisions relating to hereditary Peers and agree, of course, with the idea of working Peers. We saw in the Senate in Paris that they are properly paid and resourced. When we do have an efficient second Chamber, that is one of the things that the Government and the taxpayer will have to take account of.

I also do not understand why we have a State Opening every year. We have one Parliament, and a Government are elected for that one Parliament. Why do we not just have one State Opening at the beginning of the Parliament? Why do we need all this carryover and flummery every year? One Parliament is elected, so let us have the one State Opening and get on with it. I am getting some nods, which is very encouraging.

Reform of the House of Lords is overdue. Sitting here, I can get up and say things—I am doing that now—but I do not really have a mandate or authority. I do not have the legitimacy that I had during 26 years in the other place. Reform is long overdue, but I say to and plead with people such as the noble Lord, Lord Stephen, who I greatly admire, not to think that the only option is direct election. There are other ways in which we can give legitimacy to this second Chamber.