European Union (Withdrawal) (No. 5) Bill

Lord Hain Excerpts

2nd reading (Hansard): House of Lords
Thursday 4th April 2019 Lords Chamber

[Lord Rooker (Lab)]

My Lords, I have been present for every speech today. I was sorely tempted to intervene on the odd one or two, but I kept reminding myself that I have to be diplomatic and brief during Second Reading and not upset anybody. I was always under pressure, thinking that, somewhere in this building—or on the estate—lots of meetings would be going on, trying to sort out or ease our clear difficulties with the Bill’s timetable during the day. Of course, this culminated in the welcome Business Statement by the Government Chief Whip, which I was very pleased about, so I will not make some points and I will not take very long.

I am moving the Motion because this is a Private Member’s Bill—it is a Public Bill and has the same status as any other Bill that happens to be led by a private Member—and I was asked if I would kick it off in this House. It is sponsored by Members of Parliament in the Commons from four political parties; it is not a Labour Party exercise, despite the constant refrain from a couple of noble Lords earlier. We are not in a normal situation; nobody is arguing that. The timetable of Brexit is an internal timetable in the UK but there is an external timetable, which we do not control, in the European Union.

Our role is not to rubber-stamp the elected Commons at any time; I make no apology for saying that. We need to consider what is sent to us. We do that—for example, that is why we do not vote on Second Reading—but we also have to consider the context in which it is sent to us. This is not normal. We are considering not Brexit—I am certainly not—but how now, today, the Commons is dealing with the Bill, because the case is not the same as it was one, two, three or four months ago. It has been forced into this situation. I was a Member there for only 27 years; others were there a lot longer. It is clearly now under extreme pressure, which is why this Bill was promoted. The Commons decided to take responsibility and control of the decision on a no-deal Brexit. We have gone past the stage where many members of the public thought no deal meant not leaving. That was the theme for months. When discussions relating to leaving without any arrangement took place, people assumed we would not leave. That is not the case.

For example, this morning we heard our police leaders in the UK warning about using language on Brexit that inflames a sensitive situation, possibly leading to violence. This is the UK today: police leaders warning us about our language on Brexit because it is potentially leading to violent acts. We heard the odd potential threat subliminally during the filibuster earlier today. This is a really serious situation. In my experience—45 years in Westminster—this has never happened before.

We also know that the Cabinet was last week warned by the National Security Adviser about a substantial rise in food prices as a result of leaving without a deal. Coincidentally, it just so happens that this House was due today to debate the evidence that the EU sub-committee reported as long ago as last May about food price rises due to Brexit. There is abundant evidence, which clearly the National Security Adviser has—he probably has better evidence than we have—that this is potentially a serious problem.

[Lord Hain (Lab)]

Will my noble friend also remind the House that the Cabinet Secretary warned that there would be direct rule in Northern Ireland if there were no deal?

[Lord Rooker]

Yes, he did. I have kept away from the debate on Northern Ireland. I had one year there as a direct rule Minister dealing with very much domestic issues. I know the sensitivities of the language used when you are there, what you talk about and how you discuss things with the five political parties. It is pretty serious, but the present situation in Northern Ireland is unacceptable to the people of Northern Ireland, because they have no democratic structures other than local government, which is what they had during all the Troubles. The councillors in Northern Ireland have carried the democratic burden alone for all these years.

When I do the half a dozen sessions for the Peers in Schools programme for the year, I always preface them by saying that we have two Houses of Parliament but they are not equal. That is the central message I leave. The role of the Lords is to scrutinise and sometimes to ask the Commons to think again—that is what happens when we have a defeat of the Government; that is just a message to the Commons—but knowing that the Commons always has the last word. But of course, we are not in normal times. The timescale for what we have facing us next week amounts to a national emergency, which is why the Cabinet received the advice it did last week.

We need to treat the Commons with respect. I watched some of the debate yesterday, particularly towards the close of the evening because I was not certain whether I would be speaking on this subject, if the Bill carried, or, if it failed, on the food debate we were due to have. The Commons, like the country, is split and divided. We should therefore treat it with a degree of respect, not criticise just because it was one vote—a personal comment was made today about one of the individuals who took part in the voting. The nation is divided and the elected House of Parliament is divided; we should take that on board. That is why people welcomed the attempt last Tuesday by the Prime Minister to try to get some kind of consensus. The Commons alone has the legal responsibility on the meaningful vote. Some of them have woken up to the fact that, besides the meaningful vote, every other procedure has to come through this Chamber so that it can be scrutinised and checked. That is why we are doing this Bill today.

It is a simple Bill; I know there is criticism about that. Things that are simple are usually unfair—the poll tax is the example I use—but it is a simple, clear Bill. If Ministers’ words in Hansard could be fully trusted, this Bill would not be needed. I disagreed entirely with the thrust of most of the speech by the noble Baroness, Lady Noakes, but her amendment was the one that was actually true in the sense that the Bill is not needed—but it is needed because people do not trust the words of Ministers, even when they are in Hansard. Enough have said repeatedly, “We will not leave without a deal”, but that lack of trust forced the Commons to produce this Bill, which in effect—I am not a lawyer—gives a legal force to that promise. I realise that it is not easy. I was aware early this morning that there were problems with the Bill; there were lots of discussions going on. I was grateful to the Delegated Powers and Regulatory Reform Committee and its chair, because I had its report in my hands and read it 20 minutes before the chairman made his speech. It is very helpful but makes it quite clear that there are problems over Clause 2. Along with other matters, these have to be dealt with.

We should debate the Bill—we have a bit more time now—and send it back to the Commons, but it has to be done in line with the timescale it is forced to work to. The European Council is on Wednesday. The Bill requires the Prime Minister, a day after Royal Assent, to make the necessary decisions. It is a bit tight. That is why it must go to the Commons on Monday and get Royal Assent that day, so that on Tuesday the Prime Minister can fulfil the obligation placed on her. It says “must”. I was queried earlier today on what the sanction is if she does not. I spoke to someone who has worked with the Prime Minister for the best part of just over 20 years, day in and day out. He told me she is the most law-abiding person he has ever come across and that even when she is late for a meeting she makes sure the car goes at only 29 miles per hour. She will follow it to the letter. If the Act says she must, she will do it. There is every confidence in that, but it is the timescale that she and we are not fully in control of. We have to do our bit for the UK and the Government so that decisions can be made next Wednesday at the Council about the reason for and the length of an extension to Article 50.

I think the Bill actually helps the Prime Minister at this stage in the process, and we should support it at Second Reading—the House does not throw Bills out at Second Reading, otherwise we could never scrutinise them. I beg to move.