European Union (Referendum) Bill

Debate between Lord Hamilton of Epsom and Lord Triesman

Friday 10th January 2014 Lords Chamber

[Lord Triesman (Lab)]

My Lords, it has been a long and remarkable Friday, not least perhaps for the extraordinary role that a Private Member’s Bill has taken up. This is an issue that has generated 68 speeches, which were bound to demonstrate widely divergent views. However, even given the nuances of those views, I think I can tell the noble Lord, Lord Kerr, that it is still roughly 2:1 in favour of those who do not support an unamended Bill. I will settle for 2:1 every average weekend.

I doubt that my role today is to seduce Lord Cormack, or indeed any others, but I will certainly have a go at it. The Bill introduced by the noble Lord, Lord Dobbs, will undoubtedly, over the years, make people reflect on his courage. It is a poor Bill and it is a Trojan Bill. I suspect it has the unintended benefit of making us address some fundamental questions. I suspect it will also have the intended or unintended disbenefit of edging us still further towards exit from Europe, whether that is a declared intention or not.

Some of our questions go to the heart of why so many accession nations, starting with poor rule of law, a lack of democracy, overweening state bureaucracy and no viable markets, have sought to bring all these deficiencies to an end in order to join the EU. I share with my noble friend Lord Giddens the view that they have also understood the unstoppable progress to peace in Europe, historically one of the most bloodstained continents in the world. In every case, I believe those countries have honed in on the paramount issue: what is right for their nation? So should we this afternoon.

What is right for the people of the United Kingdom? I have a preference; of course I do. I want the United Kingdom to remain part of a non-nationalistic and peaceful Europe. However, the Bill would impose on that decision an arbitrary date for a referendum, which is why it is imperative to weigh the evidence. It gives a fixed year for a referendum, come what may. Is that the optimum position for the people of the United Kingdom?

The case for the United Kingdom’s continued membership is better than strong. Putting it at risk seems unwise. Starting a process that is likely to lead to exit by fixing the date in this way is still worse. Indeed, continuing membership of the EU was so compelling that, at the previous general election, nobody thought to raise it in the way that it has been described in either of the major party manifestos. There was no mention at all of an “in or out” referendum. Nor did the coalition mention it in its agreement. I think we have heard a decent explanation of the Lib Dems’ position at that time in the course of today’s debate.

Our national interest is about our ability to earn our living in a complex world. It is about families having the opportunity for prosperity rather than tumbling standards of living. It is about the best education that we can afford and the healthiest population that we can create. It is about dignity and decent standards in old age. It is about all those things because only a sound trading economy can generate the wealth that can deliver them. It is about the values of a decent society. It is about fairness and is opposed to the unfairness that always accelerates when we see any corrosion or downgrading of an economy. The interests of the United Kingdom seem straightforward enough to me.

Indeed, there has been a long-standing consensus on the issue. That was clearly expressed by Sir John Major recently—a leader who had at least won a general election and had dealt with some volcanic anti-Europeans in his party—who said: “I’m not in favour of Mr Wharton’s Bill”. He said that his party should focus on taxes, jobs, education, health and living standards. He recognised that in a world of 7 billion, the EU was the closest and largest of the trading groups drawing together that offered us any kind of option—an option that simply would not be available, in his words, “for our island”.

In that Sir John Major echoes the CBI, which, like all of us, most certainly sees the case for reform in Europe and the development of more appropriate institutions but which is clear that leaving the EU would be catastrophic for our economy and for jobs and that the EU provides global leverage that we, on our own, cannot exercise. He echoes business leaders such as Sir Martin Sorrell, Sir Richard Branson and very many others, leaders to whom we look for the energy to fuel economic recovery. I know that not all business leaders take exactly that view, but it is fair to say that an overwhelming proportion of them do. He echoes what has been said by businesses such as Nissan, which has been quoted several times today, which described its remarkable Sunderland plant as,

“a very competitive plant, it’s a very productive plant and it’s a European plant”—

not just simply a plant in the United Kingdom.

About a week ago, commenting on whether we are now in a period of economic recovery—we will see whether that is true over time—the Chancellor cautioned the whole country, saying that the job was not yet half done. I will take him at his word, not argue about whether we are making progress. This, then, is a period when uncertainties and instabilities are best avoided. Two days ago, a sober analysis of our major banks suggested that there is a further £28 billion hole in their far-from-repaired balance sheets. The problems of lending and the cost of lending are still serious issues. The costs of maintaining and building small and medium enterprises still rise. Europe, where we already have less influence in its financial institutions, has a long way to go to achieve overall stability. That is another instability that impacts on us. Who knows where all this will be at some arbitrary date in 2017?

It may be that, with the unresolved issues, the party speech that was given by David Cameron when he became leader of his party will now come to be seen as very significant. He told his party that they had been locked in a dispute. People have been quoting the part about banging on about Europe, but the beginning of the quote is more interesting. He said that they had for too long been locked in a dispute about being in the EU. While normal people,

“worried about childcare, getting the kids to school, balancing work and family life, we were banging on about Europe”.

I can tell the House that, as a rather elderly dad of a young child here late on a Friday afternoon, I think I know what he means. In November 2011, the Foreign Secretary said that,

“a referendum on Britain’s membership of the EU … at this time of profound economic uncertainty, is not the answer”.

He then developed the case very cogently. Therefore, although there is internal dissension, which has reached mega-decibel level in the Conservative Party, largely giving rise to problems of party management, that has now come to trump national interest.

Let us in this House, therefore, consider this. There will probably be some economic turbulence for some time to come—possibly, even probably, including major anxieties about unemployment, household incomes and acute pressure on pensions. The British people may be asked whether to leave the EU in circumstances that might lose another 3.5 million jobs, which would be at stake, and they might reflect on whether an invigorated trade with North America and the Asians would make us more prosperous in what has been described as potentially the Asian century. All of that will be at play during the course of 1917—or, rather, 2017. It was probably at stake in 1917 as well—we have not come very far, have we? That will be very likely to turn into a referendum on the Government of the day or on any of the dissatisfactions that emerge during tough financial times.

The comments made by the noble Lord, Lord Hannay, on all the other events of 2017 are all absolutely fundamental to understanding whether progress can be made. Of course, there is always uncertainty. I think that the noble Lord, Lord Dobbs, said at the beginning, “In a world of uncertainty, why not 2017? There is always uncertainty”. I hope that I do not misquote him.

The point is surely to choose the time that is least likely to rack up the degree of uncertainty, plainly set out by business for us and by many others, or a time when the Prime Minister and the Foreign Secretary of the day can feel most confident that the interests of the nation will be properly served and resolved. It does not drain uncertainty to have the date 2017; it makes uncertainty a certainty. As far as possible, it is our obligation to try to measure certainty and mitigate uncertainty.

I said earlier that the case for reform in Europe is powerful. There are issues that should and must be addressed, such as democratic enlargement, managing enlargement itself, the push for more liberalised services sectors, the budget, mechanisms for changing Community law and so on. It is not difficult to identify a reform agenda, but I would start by trying to reform eurospeak, which is a form of language that I do not personally understand—and I am not sure that I have ever met anyone from Tottenham who did.

The fact is that any kind of negotiation on these issues will not be helped by an arbitrary timetable with a difficult background, which, as I have said, we are very likely to face. It is always easier for the negotiator who has no time constraints than the one who has to perform to time constraints, and those of us who have earned our living over the years as negotiators know that only too well. The silence from the Government on this is alarming. I do not prejudge Mr Cameron’s future work in negotiations, although I am not optimistic, as noble Lords can tell. I always want success for any negotiator who goes to negotiate for our country. I observe only that Mr Cameron has taken on this task in the least propitious circumstances that could be created. It is a millstone that he bears from Tory EU history. Labour itself had a difficult history—it was 40 years ago, and I remember it well. My own trade union told me to vote no, but I voted yes. It is clear that our European partners are becoming tetchier with us all the time.

There are a number of faults in the text that we have to consider, but I shall not go through them, as they have already been mentioned. But I suspect that all colleagues on all Benches believe that saying that any attempt to make this Bill better will “Kill the Bill” is gratuitous hyperbole. Proper scrutiny and amendment are the central purpose of this House, and the purpose will be served without any impropriety. There is no possibility of any amendment making that worse in terms of our process and practice. A Private Member’s Bill on a take-it-or-leave-it basis could lead only to one conclusion, which has been expressed in the House today—a very dark conclusion, which would be a disaster for this House. The Government have at least 14 months to get it right, and there is no point in blaming anyone else for the difficulties of timing. They can use the time properly if they wish to, and can take account of the decisions that may be taken in this House. The odds are that we would not produce a wrecking policy for the future of our people.

[Lord Hamilton of Epsom (Con)]

Before the noble Lord sits down, could he clarify for the benefit of the House whether Labour is in favour of an “in or out” referendum, or is it keeping its options open?

[Lord Triesman]

My Lords, I thought that I had collapsed then, let alone sat down. If there is to be such a referendum, or consideration of one, it will be at a time that does not wreck our economy.

Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Bill

Debate between Lord Hamilton of Epsom and Lord Triesman

Wednesday 15th June 2011 Lords Chamber

[Lord Hamilton of Epsom]

What I am saying is that I am sure that that will be the position of the Government, and I did say that it would be subject to judicial review. It may not necessarily pass the censor within the terms of judicial review that we do not have any transfers of sovereignty involved in such a treaty change. I think that we may well be involved in a referendum, and if we are, I can reassure the noble Lord—I am sure he would like to know this—that I shall very much advocate that we actually support any treaty change of that sort. That is because if the eurozone disintegrates, there might be a bit of schadenfreude from people like me in the Conservative Party, but I have to say that it would give us another major financial and banking crisis on top of the one we have already had. So I will campaign enthusiastically that we should accept such treaty changes.

I do not think we should sit here and imagine that there are going to be no more treaties coming in the life of this Parliament. Things change, and they can change very fast. The eurozone is in a state of major crisis and I am not sure that they can go on putting sticking plasters on it for another four years.

[Lord Triesman]

My Lords, a short while ago the noble Baroness, Lady Nicholson, said that the legislation had already served part of its purpose in that it has engaged us in debate. I have to confess to her that I have not run into a huge amount of discussion of it elsewhere. Nevertheless, I do not deny the truth of the point that we have had a major debate, but the points made by many noble Lords still bear testing. It is plain from this legislation that it is not intended that anything other than the passage of the Bill and the discussions on it will happen during this Parliament. I listened to what the noble Lord, Lord Howell of Guildford, said in an intervention, but unless I misunderstood it Clause 4(4) provides for an exemption around the stability mechanism, so that will not become the subject of the whole package of a parliamentary decision and a referendum either. So let us start, if we may, with the reality of the position: there will not be an event of that kind.

The tests that may arise would be likely, if they happen at all, to occur either in the Parliament that follows this one or in the Parliament beyond the one that follows this—some way off. Those are exactly the circumstances which my noble friend Lord Grenfell described—I think he was the first person to use the words—as a step in the dark, and the noble Lord, Lord Williamson, made more or less exactly the same point. One of the things that concerns me, and one of the reasons I have added my name to the amendment so that the Front Bench is offering its support, is that inevitably we will have a period during which we test whether these new constitutional arrangements make sense, work well, are deliverable, do not undermine the Government of the day and do not undermine the parliamentary process. But the plain fact is that we do not know. I doubt if there is a noble Lord in this House who could do more than I can do, which is to suppose what might happen, but we do not know. What we do know is that when it is tested, we are more likely to know. Those are the circumstances under which we will gain any kind of authoritative understanding of what this constitutional change may mean. I do not think we do ourselves any favours by pretending that we know when we do not.

There may well be minor issues or whole treaties. On the former, the noble Lord, Lord Howell, may be right to say that referendums would not arise around smaller things. Periodically, if he is right, they could be around whole treaties, which are much larger things. Moreover, I accept what the noble Lord, Lord Kerr, said, that these are likely to be very unusual events in themselves. What is more, I shall go on to assert something which is critical to the clause because I want to try to deal with this as a debate on an amendment tabled at the Report stage. I continue to assert that some of things which might be considered to be large and significant issues, and therefore may well call for referendum conditions after decisions reached by both Houses of Parliament, will not themselves create the need for a referendum either.

I say that because I do not believe that any Government in the foreseeable future will carry legislation in either House about joining the euro—I can assure the noble Lord, Lord Hamilton, that I have never advocated it, so I can say that with a clear conscience. I cannot believe that either House will succeed in persuading a majority of either House that we should relax the Schengen conditions and change our border arrangements. I know from first-hand experience as a Minister in the last Government that there was not the smallest chance of that happening, or of anyone believing that it would be desirable for it to happen. I shall not regale the House with arguments about an island people and so on, but noble Lords will understand the temperamental mindset of this country over a very long time. I do not believe for a moment that either House would carry by a majority the need for legislation which would then go to a referendum on changing the fundamentals of our legal system from what it is now to one based on Napoleonic law or some of the other systems of law in Europe, and I do not believe that either House, whoever is in Government, would succeed in conceding decisions on our taxation regime to anyone else and put that to a referendum vote. The things that really might bite on the people of the United Kingdom, if they were asked to think about them, will not be put to them. I shall come back to the insurance policy that the Bill claims to be in that context and why the sunset clause is a reasonable solution.

European Union Bill

Debate between Lord Hamilton of Epsom and Lord Triesman

Monday 23rd May 2011 Lords Chamber

[Lord Triesman]

My Lords, obviously the past is made up of facts but, as today has illustrated richly, the retelling of history is made up of the view taken by those who look at the facts. Having listened to what has been said in this debate, I have to say that some of the accounts of the facts do very scant justice either to what took place or, indeed, to some other countries. To be told that people were made to vote again and that the referenda were enforced appears to give very little credit whatever to the determination of the peoples of Denmark, Ireland, France or Holland, and I do not see why we should spend our time here insulting them. They were perfectly capable of settling the first propositions put in front of them and they were perfectly capable of assessing the changes. If it is said that, for example, consent was finally achieved in Ireland because of the financial problems that the country was facing—bailed out, it was said, by the straitjacket of the euro—I find that an astonishing bit of history. The banking and liquidity collapse of the country appears to have had no role; the sub-prime derivatives in which the banks of that country were so heavily involved that it had to set up a “bad bank” to deal with the mass of debt that had been accumulated appears to have had no role; and the massive speculative forces in property, finally producing a major financial threat which arose from those kinds of difficulties, also apparently had no role.

[Lord Hamilton of Epsom]

Will the noble Lord give way? If he is quite comfortable about people voting in a referendum, saying no and then being asked again, what would he have said if the Irish had voted no twice? Would he have said that it was quite legitimate for them to be asked to vote a third time?