European Union (Withdrawal) Bill

Debate between Lord Goldsmith and Baroness Hayter of Kentish Town

Committee: 11th sitting (Hansard - continued): House of Lords
Wednesday 28th March 2018 Lords Chamber

[Lord Goldsmith]

My Lords, there have been moments during the 11 Committee days that we have had so far on this Bill when I felt a little sorry for the noble and learned Lord opposite for the positions that he was being expected to argue by those behind him and in other places, but never more sorry than I am today. This is the most absurd situation. We have offered him an amendment and I am grateful for the description given by the noble Lord, Lord Kerr of Kinlochard, as delicate. It does not presume even that there are transitional arrangements. It simply says that, if there are transitional arrangements, this is what will happen. I cannot understand why it is not accepted. I had hoped on this 11th final day of Committee that we would have a breakthrough.

[Baroness Hayter of Kentish Town]

The 11th hour of the 11th day.

[Lord Goldsmith]

The 11th hour of the 11th day, as my noble friend Lady Hayter says. If we had had a breakthrough, we would have been able to say we had finished Committee with a concession—not much of a concession, it would have to be said, because it is so obvious that this ought to happen, but at least it would have been something that we could build on as we move towards Report where we hope we will have a degree of constructive engagement.

This really does not make sense at all. We all know, and the noble and learned Lord knows—indeed, he accepted it—that there will be a role for the European Court of Justice after the magic exit day, whatever day we end up with. If there is not, this amendment does not operate. It is very straightforward and simple: to suggest otherwise is cloud-cuckoo-land or Red Queen land.

The noble and learned Lord’s final recourse is to legal certainty. We all accept the importance of legal certainty, and that that is what is behind the Bill. However, there is complete legal certainty if this Bill, when it becomes an Act, says, “If something happens, this provision does not come into effect until the end of that period”. I will not quote Latin again, but we know there are principles which say that those things are certain which can be made certain, and it will be certain because we will know whether or not there is such an arrangement.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Goldsmith and Baroness Hayter of Kentish Town

Monday 17th January 2011 Lords Chamber

[Baroness Hayter of Kentish Town]

Indeed, my noble friend, the most eminent professor, has never been there.

My view is that this should be a matter for the electors; their views should have a big say. It may be that these two amendments can come together to meet the essence of what we both want. I am trying to stress that this decision should not be taken by the political class; it should be taken after hearing from voters, citizens and those who will become voters how they think they can best be represented. How will people want to relate to their elected Members? Will it be by phone and e-mail? Will it be in person, one to one, or will it be through groups? I am not on Facebook, but people increasingly want their views to be heard through groups and texting, along with others of a similar position.

That may result in all sorts of needs for the size of the House, because it may be better to go, as I think was said on the Benches opposite earlier, for big constituencies, rather like the old Euro constituencies, which were the size of nine of our current constituencies. It was clear to electors that that was not where they should take local issues and that they should go to their councillors, or that they should take just big policy issues to Members of Parliament. I am not certain whether that is the right or the wrong answer. Perhaps we should have smaller constituencies, so that people can meet their representatives more. The needs of the electors should be uppermost in our minds, or in the minds of those who take these decisions, in relation to the number of seats and, therefore, the relationship that Members can have with their electors.

The same applies to the personal issues or issues of policy that electors have. Again, it may be that people will much more want to gather together, whether they have an interest in the environment, historic buildings, health or education. They may want to be grouped much more when talking about policy. Surely these issues need serious debate, rather than a quick and easy decision.

I do not know what the right number should be but, from my work with the consumers and users of any service, I know that they want to be asked, to be consulted and to be involved in those decisions before the decision is taken. That is why I support my noble friend Lord Soley in calling for an independent commission to work on this, to do real work with voters and to think about those sorts of issues. Then we might get an answer that is accepted by the whole electorate and provides for a House of Commons that really reflects the will of the people.

[Lord Goldsmith]

My Lords, I too support the amendment in the name of my noble friend Lord Soley. It is a hugely important issue—I am troubled that there is some appearance on the other side of the House that it is not—for two reasons. First, it is hugely important for this country how our people are represented. The number of Members of Parliament, for all the reasons that have been described previously, is very important. It is also important for the reason put by my noble friend Lord Soley, and mentioned by my noble friend Lady Wall; namely, the example that we set to the rest of the world.

Other Members of this House have the experience, as the noble Lord, Lord Soley, spoke about, of the Council of Europe talking to other countries and helping them to build their democracies and their systems. I have that experience, through a slightly different route, through the work that I have done across the world involved with human rights organisations and lawyers’ organisations. I ask myself this question: if they said to me, “Why have you reduced the number of Members of Parliament? What was the reason for it? What was the rationale? How did you arrive at the number?”, at the moment I can do no better than refer to the answer given to the Select Committee on the Constitution, on which I have the honour to serve.

When we pressed the Minister for Political and Constitutional Reform, Mr Mark Harper, with the question, “Why have you chosen 600?”, he could not answer. He told us that it was not a horse trade and that he did not think that it would qualitatively affect the representation of people in this country. But he could not tell us where the number came from. He ended by saying, and here I quote from paragraph 28 of our report:

“I am not going to pretend that there is a magic science to all this”.

I have been listening to cross-examinations all my life, so when someone says that there is no “magic science” to something, what they mean is that there is no science at all. There is no basis for this figure. I cannot explain to people across the world why Britain, the cradle of democracy, has chosen this number. They will know that people have accused the Government of looking to find a way of reducing the number of seats for the party in opposition if I cannot even explain the Government’s own view.

The merit of both the amendments, although I support the amendment put forward by my noble friend Lord Soley rather than that of my noble friend Lord Lipsey, is that they do two things. They propose a rational way of deciding what the right number should be and they provide it in a way that is either independent or at least non-partisan. Both have the merit that after the event people cannot say, as has been said in this House, that this is being done just in order to favour one party rather than another. I do not want to be part of a democracy, with the tradition we have, where that is what is said about us.