European Union (Withdrawal) Bill

Debate between Lord Hannay of Chiswick and Lord Liddle

Committee: 7th sitting (Hansard): House of Lords
Wednesday 14th March 2018 Lords Chamber

[Lord Liddle (Lab)]

My Lords, I rise to speak to Amendment 196.

[Lord Hannay of Chiswick (CB)]

My Lords, I think it is fairly reasonable as someone putting forward Amendment 150 that I should be allowed to speak.

[Lord Liddle]

My Lords, I just want to get Amendment 196 on the record, because it makes helpful points which should be taken into account by noble Lords when we come to devise a composite amendment on Report. That is why I am anxious to speak and I am sorry if I have upset the noble Lord, Lord Hannay.

We have had many excellent speeches. I think the three by the noble Viscount, Lord Hailsham, the noble Lord, Lord Patten, and my noble friend Lord Reid are among the best I have heard on this Bill and perhaps even since I have been a Member of this House. I fully support what they said.

The purpose of Amendment 196 is to build on the Grieve amendment that is now incorporated in the Bill. En passant I will say from this side of the House how much I respect the bravery of the Conservative MPs who voted for that amendment and put the national interest first. If they had not done that, a lot of the point of our proceedings would have been removed—so I respect them enormously.

The merits of Amendment 196—I will be very brief—are, first, that it specifies a date by which the Government have to produce their withdrawal agreement: 31 October 2018. That would prevent any attempt to bounce a last-minute decision through Parliament. Secondly, it attempts to deal with two eventualities: not just the eventuality of no agreement and no deal being reached in Brussels but also a failure on the part of the House of Commons to agree to and adopt the resolution that the Government will put forward seeking to endorse that agreement.

It does not give the House of Lords a veto. I agree with what the noble Viscount, Lord Hailsham, said: these matters fundamentally have to be decided by the Commons. This amendment allows the Commons to consider a whole series of options, including the extension of Article 50.

--- Later in debate ---

[Lord Liddle]

My noble friend is making a good point, but I think that the vacuum that we potentially face is the risk of a vague political declaration that gives us absolutely no idea what the eventual economic relationship between Britain and the EU will be. In those political circumstances, one might want to say to the Government that we have to extend the period allowed under Article 50 and be given a much better idea of where this course that they are so in favour of is leading us. On that basis, we might then consider whether the final deal should be put to the people in a referendum. The risk is that this declaration will provide the opportunity for misleading the British public about what is involved.

That is all that I have to say. I am wholly in favour of all the amendments in this group and the sentiments behind them. It is wonderful that there is such support around the House for them, but we need to think through the precise terms of what I hope this House will eventually pass on Report.

[Lord Hannay of Chiswick]

My Lords—

European Union (Referendum) Bill

Debate between Lord Hannay of Chiswick and Lord Liddle

Friday 24th January 2014 Lords Chamber

[Lord Hannay of Chiswick]

I do not want to disagree totally with the noble Lord, Lord Anderson, but, quite frankly, if you look at Amendment 72 of the noble Lord, Lord Turnbull, it is clear that, under it, the Government of the day would have to say, “If you vote no, we will try to get an agreement to join the EEA”, for example; or, “We would like to have a series of agreements like the Swiss”—there are 30 or 50 of them; or, “We would have none of the above and would rely simply on our World Trade Organisation membership”. All the things that the noble Lord, Lord Anderson, has discussed in his amendment are actually also covered in Amendment 72. I am saying merely that we will come to that later, on another day.

[Lord Liddle]

Briefly, the Opposition attach a lot of importance to this consideration of alternatives. We would hope that there would be some kind of agreed amendment between my noble friend Lord Anderson and the noble Lords, Lord Wigley and Lord Turnbull, which we might consider on Report.

[Lord Dobbs]

My Lords, I, too, will be brief. I entirely endorse the sentiment behind these amendments. Of course the alternatives must be spelled out. This historic decision which we wish to put to the people should never be taken blind. It is, however, a question of the best mechanism for those alternatives to be spelled out. We hope that they would be taken care of simply by what is called democracy: by a referendum campaign that would be long, arduous and very detailed. I think the people would demand to know from those who were suggesting that we should not stay within the European Union precisely what the alternative was. If that alternative were not offered, they would come to their own conclusions.

It is also, however, a matter that can be dealt with under the terms of the Bill after it has been passed. It does not need to be—

European Union Bill

Debate between Lord Hannay of Chiswick and Lord Liddle

Tuesday 26th April 2011 Lords Chamber

[Lord Liddle]

My Lords, there is a danger in this Committee that we will be accused of mind-boggling pedantry on the clauses of the Bill, and I am very aware of that. However, I think that that is because of the nature of the Bill, which is basically pedantic and full of unnecessary detail. The amendment I am proposing would amend Clause 4(1)(i) to make it clear that there would be no question of a referendum arising,

“except where such conferral strengthens the ability of the European Court of Justice to enforce compliance with European Union law”.

In other words, we are trying to provide that the ability of the European Court of Justice to do its job is a vital national interest of Britain and, if the need arises, we should be able to enhance its powers. Again, this would not be a change of major institutional or constitutional significance, although I suppose it would be anathema to our friends who believe that any acceptance of the European Court of Justice’s role is a denial of British sovereignty. But for those of us who think you have to have a European court in order to make the structure of the European Union work and hold member states to their obligations, it is very important that we are clear that we are prepared, if necessary, to see the powers of the European Court of Justice enhanced.

I raised this as a matter of principle when I tabled the amendment on behalf of the Opposition, but at the weekend I glanced with interest at the recently published report from Sub-Committee E of the European Union Committee. The summary of conclusions is rather stark:

“We predict another crisis of workload soon … We agree … that ‘structural solutions need to be found’”.

Later in the summary of conclusions it states:

“We do not make any suggestion likely to involve Treaty change because in the short term other solutions are available. But the Member States should not be put off from undertaking necessary reform involving Treaty change when the opportunity arises in the longer term”.

The purpose of this amendment is simply to say that we need an effective European Court of Justice and that we should be open to such changes. Frankly, the fact that under the Bill such changes might be subject to a referendum requirement could well mean that a British Government would not agree to changes in the workings of the Court which were actually in the British national interest. That is why I am moving the amendment.

[Lord Hannay of Chiswick]

I support the amendment of the noble Lord, Lord Liddle. He is about to move a whole raft of amendments which are designed to do what we were debating before dinner—that is, to introduce a little more flexibility into the application of what the Government call a referendum lock. That could be done either by importing the significance criterion into Clause 2 or in the way that is now being suggested. I should just recall that the British Government of the day, who form one part of the present Government, spent a great deal of time in the 1990s doing precisely what the amendment of the noble Lord, Lord Liddle, would do, which is to strengthen the powers of the European Court of Justice. The noble Lord, Lord Kerr, is no doubt too modest to say so, but he played a major role in securing the provisions which enabled the European Court of Justice to levy fines on member states which were in gross breach of their obligations. That was not easy to do; it was certainly in Britain’s interests that it be done. I would be subject to correction, but I do not believe that any British Government have ever been caught by those provisions, although quite a lot of other people have.

The amendment is very sensible. I make a plea to the Government to think very carefully between now and Report about ways in which they could introduce a bit more flexibility into the Bill. A whole number of different ways are being put forward in different amendments, of which this is just one. By the time we come back on Report, I hope that it will be possible for the Government to show a bit of flexibility on this, so that future British Governments have a certain degree of flexibility, too.