Brexit

Debate between Lord Goldsmith and Lord Hamilton of Epsom

Wednesday 2nd October 2019 Lords Chamber

[Lord Hamilton of Epsom]

Because I do not know what went on in the previous discussions of the Supreme Court; I was not there. All I am saying is that it is very strange that the conclusion the court came to was completely unanimous. This is very odd.

[Lord Goldsmith]

Perhaps I could help the noble Lord. The Supreme Court judges said they were all of the opinion that parliamentary sovereignty was what was at stake. As they made very clear, they were not taking a decision for or against Brexit. They were talking simply about the role of Parliament, and how wrong it therefore was for the Prime Minister to stop Parliament sitting. I do not see any difficulty at all in seeing why they all took that opinion. I entirely agree with the noble Lord, Lord McNally. To suggest something improper about our Supreme Court, as the noble Lord was, is absolutely inconsistent with the rule of law and the role we should take.

[Lord Hamilton of Epsom]

The noble and learned Lord, Lord Goldsmith, is putting words in my mouth. I did not say anything improper. I just said that, considering the judiciary is completely divided on this issue, it was remarkable that all 11 members of the Supreme Court reached the same conclusion. The issue at heart was whether the business of proroguing Parliament was judiciary. The previous court had said it was not judiciary and the Supreme Court said it was. What has actually happened—

European Union (Withdrawal) (No. 5) Bill

Debate between Lord Goldsmith and Lord Hamilton of Epsom

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

[Lord Goldsmith (Lab)]

My Lords, I take the place of my noble friend Lady Hayter today. She, like my noble friend Lord Rooker, is not able to be here.

To those, including the noble Baroness, Lady Neville-Rolfe, who have said we have to ensure there is not a precedent, I say that of course this is not a precedent, because the circumstances are exceptional. They are exceptional because, unless something is done, we risk leaving the European Union without a deal on Friday. It is in these circumstances that the other place took the decision that this Bill should be presented to us; we have been dealing with it. As I said at the conclusion of Second Reading, I very much hope we will be able to conclude it in time today.

As this is the first time I have spoken, I add my thanks to the Chief Whip for the work he did on Thursday to enable us to get to this stage. I remind noble Lords that we need to get to the end of this Bill, as he has said.

[Lord Hamilton of Epsom (Con)]

If the circumstances are exceptional, why does that mean it has not created a precedent?

[Lord Goldsmith]

I think it speaks for itself. We have not found ourselves in this sort of situation before. Others in the House can deal with this, if they would like, through the Procedure Committee later.

So far as the amendment itself is concerned—