European Union (Withdrawal) Bill

Debate between Lord Foulkes of Cumnock and Lord Grocott

Report: 4th sitting (Hansard): House of Lords
Monday 30th April 2018 Lords Chamber

[Lord Grocott (Lab)]

My Lords, I have a couple of observations, one specific and the other more general. The specific observation relates to subsection (1) in the proposed new clause, which talks about the way in which a withdrawal agreement would be approved or otherwise by Parliament. This issue has been raised several times in the past by me and other noble Lords. If you require parliamentary approval, what happens if one House says yes and the other says no? This is particularly serious in relation to anything connected with the ratification or otherwise of agreements between the Government and the EU 27. Either House saying no—in this case it would probably be the House of Lords—would, in effect, be a veto on the whole process. To be fair, there is an attempt to deal with this problem, because proposed new subsection (1) requires approval,

“by a resolution in the House of Commons”,

but the simple,

“consideration of a motion in the House of Lords”.

My simple, factual and specific point is just this: we do not need an Act of Parliament in order for us to consider a Motion. We can do that any time we want to, pretty well, on any subject we choose. That is not any kind of control or limitation whatsoever. I would say, “Good, but what on earth is subsection (1)(b) doing in an Act of Parliament?” It is absolutely unnecessary—otiose may be the word, I am not sure, but it is irrelevant and we should not clutter the statute book with points such as this which are of no value whatsoever. My more general observation is that we are putting ourselves in a bizarre circumstance. We are saying that we, the unelected House of Lords, should pass an amendment which effectively tells the House of Commons how to hold the Government to account. Essentially, it is instructing the House of Commons. A lot of noble Lords have been in the House of Commons. That House holds Governments to account day in, day out. It does that by a multitude of different mechanisms: by debate, adjournment debates, emergency resolutions, questions to Ministers, and Bills.

The function of Parliament in general and the House of Commons in particular is to hold Governments to account. We are simply saying to it by this amendment, “We think you should have additional powers to hold the Government to account”. If the House of Commons wants to exercise control over the way in which the negotiations proceed, it does not need any advice, still less any extra powers given to it by us—it has them already. Government is subject to the House of Commons. The House of Commons is not the servant of government in a parliamentary democracy, to quote the noble Viscount, Lord Hailsham, but ultimately it is the other way round: the Government is the servant of the House of Commons.

[Lord Foulkes of Cumnock (Lab)]

If my noble friend is right in every case, why did Gina Miller have to take action in the High Court?

[Lord Grocott]

My noble friend was not present at the time, as a number of us were, but if he is in any doubt whatever about the ultimate authority of the House of Commons, he should have been in the House of Commons in 1979—

[Lord Foulkes of Cumnock]

I was.

[Lord Grocott]

I am sorry; it was later. My noble friend missed the boat by a few months. That was when the House of Commons—just before my noble friend enriched it with his presence—threw the Government out. I can think of no more substantial control than throwing the Government out of office and calling—

[Lord Foulkes of Cumnock]

They were a Labour Government.

[Lord Grocott]

Yes, sadly, they were a Labour Government, and my vote was not enough to enable them to survive. If anyone is in any doubt whatever about the capacity of the House of Commons to do what it needs or wants to do in respect of this or any other piece of legislation, those powers exist already. It does not need any advice from us.