Business of the House

Debate between Lord Goldsmith and Lord Framlingham

Wednesday 4th September 2019 Lords Chamber

[Lord Goldsmith]

The motivation is very clear and has been clearly expressed. What we are trying to avoid is a situation in which the United Kingdom crashes out of the European Union without a deal. That is what the Bill, which has been published, does. It requires that there should be either a vote of the House of Commons approving exit without a deal or an agreement that is approved. That is what it does, and the British people can see that. No doubt the noble Lord and others might say that there is a different reason for it. They are fully at liberty to make that point however they want, but it does not need to be stated in legislation.

[Lord Framlingham]

The noble and learned Lord used the words “crashes out”, which is the slogan of remainers, day after day, everywhere you look. Does he accept that “crashing out” is an opinion?

[Lord Goldsmith]

I am not going to engage in this debate; we have had it so many times. We have seen it so many times in predictions, and most recently in the Yellowhammer report. Whether or not the noble Lord likes my language, I am making the point that this amendment should not be accepted. That is what I invite the House to do.

European Union (Withdrawal) (No. 5) Bill

Debate between Lord Goldsmith and Lord Framlingham

Committee: 1st sitting (Hansard): House of Lords
Monday 8th April 2019 Lords Chamber

[Lord Goldsmith]

My Lords in moving this amendment, with the permission of the House I will also comment on Amendment 7 because the two are connected. I start with two realities. The first is that the most important purpose of this Bill is to ensure that we do not crash out or leave on Friday without a deal. It is critically important, therefore, that an extension is agreed before Friday. The second—

[Lord Framlingham]

My Lords—

[Lord Goldsmith]

I will not give way because the noble Lord has not even heard what I am trying to say.

The second point is that it is very clear that we are running out of time—or running out of road, to go back to the Question in Oral Questions. If we can pass the Bill today, as I explained at the conclusion of Second Reading, it can return to the other place and be agreed and a Motion can then be passed to inform what the Prime Minister does on Wednesday.

When the Prime Minister puts forward a resolution, it may be agreed by the other place but other possibilities arise. One is that the request is put to the Council but the Council comes back with a counter proposal—a different date. I doubt from my experience of European negotiations that it will be quite as neat as that, because these things tend to happen in discussions and something will emerge. That will be important when I come to explain one issue about the Bill as it stands.

The point was also made powerfully at Second Reading that it is necessary to give the Prime Minister the flexibility to be able to agree to something put to her by the European Council if that emerges in the course of debate. Amendment 7 in the name of the noble and learned Lord, Lord Judge, the noble Lord, Lord Pannick, the noble Baroness, Lady Ludford, and myself is designed to deal with that possibility. There was strong support at Second Reading for being able to use the royal prerogative so that the Prime Minister would be able to make such an agreement. Amendment 7 would enable that to take place and avoid a situation where we might accidentally end up with no deal because there simply has not been time to go through all the processes.

So what does that have to do with this amendment? This amendment would remove subsections (6) and (7) of Clause 1, which would require a Motion being put to the other place in the event that the European Council comes up with a proposal. The reason for removing those subsections is twofold—for simplicity and to promote legal certainty. It promotes simplicity because it does not require there to be another stage of backwards and forwards in the very limited time before Friday. If the proposal had to go back to the other place and be agreed and then something was then put forward, we could find ourselves in a situation where we accidentally dropped out of the European Union without having reached the point that we wanted to.

[Lord Framlingham]

My Lords—

[Lord Goldsmith]

I will give way to the noble Lord, but this will be the last time.

[Lord Framlingham]

It may be the only time I ask. The noble and learned Lord started his remarks by using the phrase “crashing out”. Everybody talks about crashing out. The BBC talks about crashing out. Sky News talks about crashing out. It has been part of the propaganda all along. Precisely what problems will be caused if we leave this coming Friday?

[Lord Goldsmith]

I respectfully invite the noble Lord to read fully the debate at Second Reading, where that was explained by a number of noble Lords.

Amendment 5 would take out subsections (5) and (6). The first reason to do that is to avoid the problem which could result in us running out of time; that is, the matter having to go to the other place and then come back. We have the safeguard that that amendment would require that the extension agreed by the Prime Minister could not end earlier than 22 May 2019. That is an important part of the amendment that is about to be proposed. We are safeguarding ourselves against leaving without a deal.

Legal certainty comes into it for several reasons. First, if noble Lords look at the Bill, they will see that subsection (6) refers to the condition in subsection (7) being operated because,

“the European Council proposes an extension of the period specified in Article 50(3)”.

There may be a question about whether there has in fact been a proposal.