European Union Referendum Bill

Lord Hannay of Chiswick Excerpts

Wednesday 28th October 2015 Lords Chamber

[Baroness Anelay of St Johns]

I know the noble Lord’s experience of these matters so he is probably well ahead of me on this, but perhaps I can remind him that in 2006 and 2007 Germany and Finland swapped presidency dates to avoid national elections in each, so it can be done.

I was also asked a pertinent question by the noble Lord, Lord Greaves—

[Lord Hannay of Chiswick (CB)]

I am most grateful to the noble Baroness for giving way. I honestly think these so-called precedents which she has brought to the House to show it can be done ignore one really rather important point. She is probably in a similar position to the Prime Minister—that nothing is excluded as far as his own position in the campaign is concerned—but what is surely totally excluded is that, in the middle of our presidency, the Prime Minister of this country should campaign to leave the European Union.

[Baroness Anelay of St Johns]

We have not reached that point yet, since this is merely the first clause of a Bill trying to deliver the ability to hold a referendum, but these are all serious points. Noble Lords are pointing out that any decision about setting a date must take into account all the circumstances under which a referendum would be expected to operate. The Government would have to take a decision about which date to recommend to Parliament; it would then be for Parliament to consider that and to set their view.

The noble Lord, Lord Greaves, pointed out that in the past there has been at least one occurrence of local election dates being moved. Amendments were agreed in another place to rule out those May dates in 2016 and 2017 specifically to ensure that the referendum does not clash with known local government dates. There is certainly no expectation that local government dates should be moved. That is not our plan and we do not see that happening. However, without wishing ill on any Member of any party in the other place, if there had to be a completely unforeseen parliamentary by-election or local government by-election and it was decided that a by-election might be held on the same day as the referendum, I think the House might consider that to be rather a different matter, but we have no plan to move other elections to combine them with the referendum.

My noble friend Lord Hamilton has moved his amendment and the noble Lord, Lord Liddle, has spoken to his. At this stage, I say formally to the noble Lord, Lord Liddle, that I hope he may see fit not to move his amendment when it is called from the list, and I invite my noble friend Lord Hamilton to withdraw his Amendment 1.

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[Viscount Trenchard (Con)]

My Lords, I, too, support the amendment in the name of my noble friend Lord Hamilton. I was interested in the remarks of my noble friend Lord Flight. It is interesting that the Electoral Commission did not support the amendment; I thought that perhaps it was because the status quo should go first and a departure from the status quo should come second but, as my noble friend Lord Flight remarked, normally in a referendum the change that you seek comes first and the present position—the status quo—comes second. I am not clear which is right, so I think that probably my noble friend Lord Hamilton is right in saying that alphabetical order should prevail.

I am not going to enter into the debate on the intricacies of the Welsh language, as put forward by the noble Lord, Lord Wigley. I am perfectly happy to accept that what he says is correct. But I was clearly struck by the fact that he is one of those noble Lords who will campaign to remain a member of the European Union—and, I would like to say, to remain a member on the present basis, whatever the Prime Minister is able or unable to negotiate.

He also remarked in quite strong terms that leaving the European Union would be extremely detrimental to investment. It is not possible to know that without knowing the basis on which the United Kingdom might cease to be a member of the European Union—I would rather say, might cease to be a “full member” of the European Union. Ideally, I think that the Prime Minister should work for a trading relationship with the European Union, which could well be as a trading member of the European Union. So I do not really like the referendum questions—“remain” or “leave” the European Union—because “leave” sounds like a tugboat will come and attach a tow rope to our little island and tow us off into the Indian Ocean or somewhere where we might enjoy better weather. The reality is that we cannot leave the European Union in a geographical sense because we are adjacent to core eurozone members.

I would like to see the Prime Minister achieve substantial and significant reforms to our basis of membership, which may well mean that we cease to be a member on the current basis. The relationship with the other members of the European Union might be some kind of associate status or a reformed EEA or a reformed EFTA. I therefore take issue with the noble Lord’s strong comment that it would be detrimental to investment if we were to leave the European Union.

[Lord Hannay of Chiswick]

I was startled to hear the noble Lord, Lord Hamilton, give as a reason the way in which names are produced. It is entirely true that it normal practice to use alphabetical order for names and for names of countries, but it is not so for verbs—and these are two verbs. So I do not think this has any validity. The Electoral Commission wants the wording in the Bill for the very simple reason that it put it forward. It would be a bit startling if it now found that it had put forward the wrong wording. It has not; it has put forward the right wording, and the Government, who did not start with this wording, moved to the Electoral Commission’s wording in the other place—and I honestly suggest that that is the best place to stand.

[Baroness Smith of Newnham]

My Lords, I am rather new to the process of legislation. This is the first time that I have been involved in the passage of a Bill. Until the noble Lord, Lord Hannay, spoke, I was thinking that perhaps I had slipped back to Second Reading, even though we are on the second group of amendments. I am slightly puzzled by hearing a whole set of reasons from people who are in favour of leaving or remaining. I hope that my intervention will be wholly objective. I do not claim that my Welsh is up to knowing whether “aros” is the right word, but will the Minister confirm that the Government have checked the translation, in addition to the work done by the Electoral Commission?

In response to Amendments 3 and 4, I find it bizarre that we are discussing whether “leave” or “remain” should be in alphabetical order. This is not an election between people; it is a referendum on a question. The Electoral Commission has undertaken a lot of consultation, we have been extensively briefed and the other place was extensively briefed. The Government have taken the Electoral Commission’s wording, and I suggest that these amendments are not helpful.

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[Lord Balfe]

I also thank the noble Baroness for her intervention but this is a Bill not about extending the franchise but about a European referendum. I intend to vote yes in this referendum unless some dreadful tragedy happens in the renegotiation. I am not persuaded that extending the vote is part of the purpose of this Bill. It is as simple as that. It will lead to a lot of problems. It may be within the noble Lord’s prerogative, as he appears to be responding to this amendment, so I ask him to raise with his colleagues the need for a fundamental look at the electoral system in this country.

I was recently monitoring an election in a place called Kyrgyzstan, on the border with China. It has introduced biometric testing for being on the electoral register. I learnt when I was there that Mr Ban Ki-moon, the Secretary-General of the UN, believes that this is a way of having votes without fraud. There are all sorts of ideas out there and I believe that these amendments, which I might be prepared to support in a Bill extending the franchise, are none the less not right for this particular Bill. I ask the noble Lord to communicate to his colleagues the desirability of a look at the way in which the franchise works. It seems to me odd, and has done for a long time, that people can pay tax and not have a vote, and people can pay no tax at all, can be living in, for instance, Brussels with highly paid jobs for many years, and according to some noble Lords be completely out of touch with reality and the world, yet they can vote in a UK election.

I suggest that we need a fundamental look at the franchise. I have steered three children successfully through the gap from 16 to 18—they are now well beyond it—and they vote for a variety of parties. I look round and see that all three of the major parties represented in this House have had votes from our family in the recent past, so they are certainly capable of making up their minds. I end where I began: I do not think this Bill is the place to extend the franchise.

[Lord Hannay of Chiswick]

My Lords, my name is on an amendment similar to the one introduced by the noble Lord, Lord Tyler. I agree with him in saying that the amendments seek to achieve the same objective by the same method.

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[Lord Hannay of Chiswick]

The noble Earl has made some very moving points about various aspects of the vulnerability of young people, but does he not accept that the matter we are debating now, which is whether or not they should have a vote in one referendum between now and the end of 2017, does not really link up with all those issues of contagion that he has referred to in other contexts? I understand perfectly well why it might be wrong to put 16 year-olds into flats of their own and give them a lot of money. Fortunately, it is a criminal offence to give somebody money to vote, so that will not happen. Perhaps he might consider whether the parallels apply across the whole board that he has sketched in with such passion.

[The Earl of Listowel]

I thank my noble friend for his intervention. I regret that I was not able to speak at Second Reading—what I have said is probably more of a Second Reading speech—but I have been involved in a lot of other business in the House.

My understanding is that the noble Lord is very clear in his mind that his intention with this amendment is to change the franchise specifically for this particular occasion. But I regret to say, and I have followed this debate about lowering the franchise several times, that my sense is that there is a large body of Members of your Lordships’ House who wish to expand the franchise much more widely and see this occasion as an important opportunity to proceed with that. One has heard many references this afternoon to the Scottish referendum as a justification for acting in this way. I think I have spoken long enough. I look forward to the Minister’s response.

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[Lord Faulks]

It is not a question of cutting people out, it is a question of deciding, on all the evidence, with careful consideration of what we know about what most young people of a certain age can or cannot do, and coming to a consistent view. The view has been taken that the age should be 18. Why should we change it simply to deal with this particular opportunity to vote?

[Lord Hannay of Chiswick]

Perhaps the noble Lord could help a little on this. He is advancing, as always, a highly sophisticated presentation of a totally negative point of view on giving the vote to 16 and 17 year-olds, but he is a member of a Government who held the door open to give Scots 16 and 17 year-olds the vote. Where were all those arguments then? Lying on the floor, I suppose.

[Lord Faulks]

Although it is tempting to go down that route and describe the cause or causes of the door being open—I was not in any position to argue that matter then—I think that we should return to the basic fact that, after careful consideration, 18 was considered the right age. Of course the noble Lord, Lord Kerr, is quite right: there is an element of arbitrariness about whatever age you choose. The question is: is it an age which has, by and large, received approval and consent? Yes it is. Of course that does not mean that this is the last word on the subject; people will differ about these things. There will be people who think that 21 was the right age and it should never have been lowered to 18.

Noble Lords will know that the power to determine the voting age for Scottish Parliament and local elections in Scotland was devolved to the Scottish Parliament, and the Scottish Parliament decided to lower the voting age to 16 for those elections. The Government have responded to requests to increase the powers of the devolved Administrations and will soon devolve similar powers to the Welsh Assembly.

Devolution, by its very nature, gives rise to the possibility of different laws applying in different parts of the United Kingdom. It does not mean that we must harmonise our differences. The fact that people may do certain things in Scotland aged 16—get married without parental consent, formally change their name, access their birth records if adopted—does not mean that the same rules must or should apply across the United Kingdom. One of the advantages of devolution is the capacity of different parts of the United Kingdom to make these choices.

More specifically, what about the precedent set by the Scottish independence referendum? The decision was made by the Scottish Parliament that whoever opened the door would decide on the franchise. It is right that decisions about the franchise for elections and referendums that affect the whole of Great Britain and Northern Ireland are made by this Parliament. As I said, decisions of the Scottish Parliament do not and should not prevent Parliament from taking a different decision.

The Government do not think that this is the right vehicle, as my noble friend Lord Higgins pointed out so cogently. Any change to the entitlement to vote must to be considered properly and fully in specific legislation. I gave some examples where the law places restrictions on 16 and 17 year-olds. Any proposal to lower the voting age must be carefully examined in that overall context.

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Moved by

[Lord Hannay of Chiswick]

10: Clause 2, page 2, line 7, after “at” insert—
“(i) ”

[Lord Hannay of Chiswick]

My Lords, the purpose of this amendment, which is relatively incomprehensible if you look at it, and others in the same group is to provide that the electorate for the referendum should include EU citizens resident in the United Kingdom, the sort of electorate who vote in local elections in this country and in European parliamentary elections. It has an innovation on that, which is designed to meet the concerns of those who feel that it would be wrong for European Union citizens living in this country for a very short time to have the vote, as they would under the arrangements for local and European parliamentary elections. Therefore, it requires five years’ residence here before EU citizens could vote in the referendum.

This is not an attempt to change the franchise for a parliamentary election in this country. I am sure that the Minister will tell us about how this is unprecedented in any other member state and so on. One of the points about precedents which the noble Lord missed when he was telling us about how few countries have the vote for 16 and 17 year-olds is that no other member state of the European Union has ever held a referendum to leave the European Union. When they have held referendums or their parliamentary elections, they were about things infinitely less consequential for the future of the country than this vote will be for us, so I do not think that any of those analogies are particularly helpful but, in any case, I insist that there is not the slightest attempt here to create a precedent for our parliamentary elections. This is purely and simply for this referendum.

What is the basis for it? It is quite simple: if you are a European Union citizen and you have lived here for five years, you are almost certainly employed and you are paying taxes, so you are fulfilling all the “no taxation without representation” basic criteria. You are also someone whose status in this country will be radically affected by the outcome of the referendum because all sorts of rights that you enjoy now under the European treaties will be removed if we vote to leave and negotiate under Article 50 of the treaty to withdraw. These people would be critically affected by this decision and, to my mind, to not give them the vote on it would be a considerable inequity because it could affect them and their children, and if they have been here for five years many of them are probably going to be here for even longer. The case for giving them a vote is compelling and that is why I and other noble Lords have put down these amendments. Since the night is wearing on I will not weary anyone with a longer speech than that explanation and I hope very much that there will be—as there has been in the signatories to this amendment—cross-party and no-party support for an approach of this sort. I beg to move.

[Lord Green of Deddington (CB)]

My Lords, I suggest that there are two rather key points that the noble Lord has not addressed. One is that no other country in the European Union grants a vote in a referendum to foreign citizens, even EU citizens. The fact that most other referenda are on rather smaller issues strengthens the case against giving a vote to EU citizens in Britain on an issue of major importance. Secondly, on a point of fact, the number of EU citizens of voting age in this country is of the order of 2.7 million. The noble Lord has taken out those who have been here less than five years, so you are talking about 1.9 million people. These estimates are based on the Labour Force Survey, so they are not precise but you are talking about the order of 2 million voters. The likelihood surely is—particularly on the arguments the noble Lord has made—that these people will vote for the UK to stay in the European Union. What is going to be the impact on the public of knowing that this change has been made for this purpose? It will be seen as an attempt to swing the vote in favour of staying in the Union with the use of foreign votes.

[Lord Hannay of Chiswick]

We are in a rather peculiar situation. The noble Lord intervened in my speech and is now making a speech all of his own.

[Lord Green of Deddington]

No, I have finished.

[Lord Hannay of Chiswick]

Okay, I think the noble Lord was intervening in my speech and, if he had listened carefully to what I said, he would have heard that I most particularly noted that the parallels with other members are not very apt because nobody has ever voted to leave the European Union—nobody has ever voted in a referendum whose outcome, if it went in favour of leaving, would deprive a large number of people in the country of their rights under EU law. I covered that. I know that earlier in this debate we forswore use of words such as xenophobia but I have to say that some of the arguments he advanced in his brief intervention were, let us say, rather close to the line.

[Baroness Royall of Blaisdon]

My Lords, I fully support the noble Lord, Lord Hannay, and, indeed, I put my name to one of the amendments. I will just add two points. I believe that it is right to enable these citizens of other member states to have a vote in this referendum precisely because their very being in this country is linked to membership of the European Union. If it were not for the freedom of movement within the European Union they would not be working here, contributing to our economy and helping build our society. Therefore, it is right that they have a vote. I also ask the Minister: in his view, what would happen to these citizens if we were to leave the European Union? Would they have to leave? One does not know. We have to have answers to these questions at some stage before we progress much further along the referendum line. If they did have to leave, this country would miss out a great deal by losing their contribution to our society and, most especially, their contribution to our economy. We are all familiar with the phrase “no taxation without representation”; they are paying taxes and therefore they should be enabled to vote.

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[Lord Hamilton of Epsom]

My Lords, we have been discussing virtually all day how we are going to try to make this referendum fair. We want to keep the playing field as level as we possibly can. Enfranchising 1.9 million people of European nationality is a blatant opportunity to try to swing the vote in favour of staying in the EU. Of course, so much is going wrong for all these people who want us to stay in the EU. Let us face it: the EU is imploding as we watch and one crisis follows another. It is going to be quite tricky for anybody who wants us to stay in the EU to win this referendum. Therefore, I agree that those people who do want to stay in have got to try every trick in the book to try to swing it in their direction. However, let us see this for what it is: this is a referendum for the British people to decide whether or not they want to stay in the EU. This is not a decision for foreigners who happen to be living in this country.

[Lord Hannay of Chiswick]

The noble Lord, Lord Hamilton, and the noble Viscount, Lord Ridley, before him, used the argument of whether we would all be supporting this if these people were all going to vote no. I am afraid that his question reveals his own motive—to stop these people getting the vote just because they might vote yes.

[Lord Hamilton of Epsom]

I cannot believe that the noble Lord, Lord Hannay, is actually putting this amendment forward because he has no intention to increase the franchise of people who will vote for his position, which is to stay in the EU. Come on—let us see this for what it is: this is trying to slant things rapidly in the direction of those who want us to stay in the EU. It is absolutely blatantly obvious that that is what it is all about. For anybody to pretend anything different is absolutely ridiculous.

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[Lord Blencathra]

The noble Lord is little premature. If he is still here in half an hour, he may hear my speech supporting the noble Lord, Lord Green of Deddington, as he seeks to remove Commonwealth and Irish citizens from the register. I hope that the noble Lord will be here to support that amendment.

I was concluding by saying that the vote on Maastricht would have been a devastating change to the EU. I had no idea what the consequences would be. Denmark would not have been thrown out, of course, although I heard one EU commissioner at the time saying that it would be if it did not comply. That noble Lord is no longer with us.

When the Irish voted against Lisbon, again that was mega bomb under the EU and the Irish again had to vote until it came up with the right conclusions. I speculate, if Ireland had not voted again on the Lisbon treaty, would the treaty have gone ahead or would Ireland have been put into a second-class category? I do not know but it was a mega decision that Ireland and Denmark took, so I do not think that we can say that this referendum that we are having in Britain is more important than some other European referenda.

[Lord Hannay of Chiswick]

This situation is completely different. In the case of the Danish and Irish referendums, had those negative results been upheld, the only consequence would be that a treaty called Maastricht or Lisbon would not have come into force. Nobody would have had any rights, privileges or advantages removed from them. The whole of the European Union would merely have stayed where it was.

The noble Lord is quite right in saying that Denmark and Ireland would not have been chucked out. At that time there was no machinery to do that. There was not even a withdraw clause, but it would not have happened. The point is very simple. The result would have simply been—as was the case in the vote on the constitutional treaty in France and the Netherlands—to negate something that might have come into effect had it been ratified. This is completely different. Here, you are taking away various important rights and privileges that European citizens here have as a result of our membership of the European Union. You are depriving them of those things. It is honestly not like for like.

[Lord Blencathra]

I do not accept that if there is a decision to leave we will be taking away some fundamental rights from European citizens who are living in this country and that they should therefore have a right to vote in the referendum to protect those rights. On Report we may have a list of what those rights may be. I can understand the noble Lord’s point that there is a difference in quality or perhaps in quantity in these referenda, but I do not accept that the referenda in Denmark and Ireland were of a vastly different magnitude to this one. We could not vote in the Danish referendum and rightly so. I did not want the right to vote in the Danish and Irish referenda, and I do not see how this referendum is so different that other non-British nationals should have the right to vote in it.

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[Lord Faulks]

I fear that in order to get a really adequate answer, the noble Baroness may have to regroup her amendment. I endeavoured to say that what might happen to EU nationals was a matter of hypothesis which I fear that the Government are not prepared to go into at this stage.

[Lord Hannay of Chiswick]

I am most grateful to the Minister for having responded in such a thoughtful way to this amendment, although I have to say that in earlier parts of his statement, I thought he was tempted back again to the reductio ad absurdum he employed on the previous group of amendments. However, we moved on to better ground and he addressed some of the arguments very well. He was very careful, though some others in this debate have been less careful, not to predict that we would know who voted in which way in the referendum, and be able to say, “It was the foreigners that did it”. Other Members of this House seem not to know that we have a secret ballot, but we do.

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[Lord Green of Deddington]

Okay. The hour is late, and I shall be extremely brief; I think that I can do this in five minutes or so. Let me set out very briefly the reasoning behind my amendments to Clause 2. Your Lordships will be well aware that the franchise in the referendum Bill is based on that which applies to general elections and is the same as for those. As such, it includes Commonwealth and Irish citizens, whether or not they have become British citizens. That is the point. It is nothing to do with racism and nothing to do with xenophobia: it is a question of who is a British citizen. My amendments are intended to base the franchise on that very concept, because a referendum is not comparable to an ordinary general election, which can be reversed five years later.

I believe that only those who have become British citizens should be permitted to vote. It is interesting that this point about the franchise appears to have been waved through in the other place. There was no discussion of it, and certainly no vote on it. We have, as I mentioned, a total of 3 million Commonwealth citizens in this country, of whom 1.8 million are British and will get the vote and 1.2 million are not British, and, I suggest, should not get the vote. I would add to that the 340,000 Irish citizens for the same reason. Of course they can become British citizens—there is no reason why they should not—but, until they do, I do not believe that they should have the vote.

The reason for the present franchise is largely historical, but the opposition Benches might like to recall that in 2007 the noble and learned Lord, Lord Goldsmith, made a report at the request of the then Labour Government on the UK citizenship law. He was a former Attorney-General, and he concluded in respect of the Westminster franchise:

“Ultimately, it is right in principle not to give the right to vote to citizens of other countries living in the UK until they become UK citizens”.

That was a Labour Attorney-General, and no action was taken by the Labour Government. I have been in touch with the noble and learned Lord because I was quoting from his report, and he replied that he could not be here tonight but authorised me to say that he supports the amendments I have tabled. There are three essential reasons for this—

[Lord Hannay of Chiswick]

I think the noble Lord is doing a little selective quotation from the views of the noble and learned Lord, Lord Goldsmith, who in his report said that the franchise should not be removed from anyone who has it. Would the noble Lord like perhaps to enlighten the House to that bit of the report?

[Lord Green of Deddington]

The quote was precise. The proposal was that it should be phased out, if that is what you mean—

[Lord Hannay of Chiswick]

What I am asking is what you mean.

[Lord Green of Deddington]

Well, what the noble and learned Lord said is that it should be phased out. His view was clearly, as in the bit that I quoted, that those who are not British citizens should not continue to have the vote.

Of the three reasons, the first is the importance of the decision for Britain’s long-term future—that is obvious. Secondly, there is the issue of reciprocity, since no EU Government permits British citizens to vote in their general elections, let alone in a referendum, and no Commonwealth country, except New Zealand, permits foreign citizens to vote in referenda. Thirdly, and lastly, there is the need for clarity. This proposal would remove the anomaly that citizens in Malta and Cyprus, as has been mentioned, can vote not as EU citizens but as Commonwealth citizens. With this amendment, they would not vote as either.

There is a further anomaly in that Commonwealth citizens are able to vote very shortly after they arrive in Britain. For example, a Commonwealth student could be on the electoral register in a matter of weeks. There are no formal checks on his or her nationality, or even on his or her right to be in Britain. An electoral registration officer has the right to ask further questions if he believes that that is justified and he needs it before making a determination. However, in practice, it very seldom happens because of the risk of appearing to discriminate. So that of itself amounts to a significant loophole, which is surely unacceptable in a matter of such importance. I should mention in passing that Gibraltarians are not affected because they are British citizens under the British Nationality Act and therefore will get the vote in any case.

There has been some discussion as to whether the various groups proposed for the vote are likely to affect the outcome. As far as I know, there has not been any effective polling to tell us how these people might vote, or how many of them would do so. I suggest that that is a further reason to have the franchise on a clear and defensible criterion.

I close by pointing to the need that is bound to arise for reconciliation. As noble Lords will have noticed this evening, there are certain differences between Members of this House, and of course there are very strong differences in the public. Sadly, one side in this argument will have to face a future for this country which is deeply unwelcome to it. That makes it even more important that arrangements for this historic referendum should be above reproach, as the Minister said, in respect of the question, which I think is now settled, of the franchise, which we are debating today and involves millions of voters, and in the use of government resources, which we will discuss later in this Bill.

As the Minister said, any suspicion that the franchise has been manipulated to achieve a particular result would be deeply harmful for many years to come, as the noble Lord, Lord Blencathra, also said. That is why we need a crystal-clear principle for this franchise, and I suggest it should be the following: only British citizens, of whatever origin—it is not a question of xenophobia or racism—should decide Britain’s future. I beg to move.

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[Lord Forsyth of Drumlean]

The noble Lord has not dealt with the fundamental point, which is that we do not have a vote in Irish referendums. I have an Irish son-in-law, and I will ask him, but I would be very surprised if people on either side of the border in Ireland lie awake at night worrying about whether or not they might have a vote on the decision that Britain has to take as to whether or not it wishes to remain part of the European Union. That is a pretty poor argument, given that we are concerned here with enabling the British people—British citizens—to decide the future of their country in a referendum in a way that is seen to be fair and equitable.

[Lord Hannay of Chiswick]

I honestly think that the noble Lord is treating in a very light-hearted fashion an extremely serious matter. I have had quite a lot of dealings with the Irish dimension in the context of the Government’s repatriation of some justice and home affairs legislation. If the noble Lord does not think that people are losing sleep on both sides of the border about the possibility that Britain might not be in the European Union, I am sorry, but he has not been reading very much. They are losing a great deal of sleep about that. If that were to result in the reinstallation of border controls, for both people and goods, the results could be pretty disastrous. A lot of sleep is being lost. If we were to move in the direction that this amendment proposes, it would merely increase the agitation.

[Lord Forsyth of Drumlean]

It is interesting that the noble Lord is anticipating that we are going to leave the European Union. I did not say that they were not losing sleep over whether or not we would leave the European Union; I said that I doubt they are losing sleep over not having a vote in the British referendum, which is an entirely different point. I am by no means making light of our relationship with Ireland; I think it is very important. However, what people in Ireland are losing sleep over is the amount of money and the destruction that their membership of the euro has cost them. But that is a debate for another day.

The hour is late. I support the noble Lord, Lord Green, and think that the oblique nature of the attacks on his arguments, rather than dealing with the substance of the amendments, indicates that this is a matter that we should return to at a later stage in the Bill.