Scotland Bill

Debate between Lord Higgins and Lord Forsyth of Drumlean

Monday 29th February 2016 Lords Chamber

[Lord Forsyth of Drumlean]

I am sorry, but my point to my noble friend is this. The Scottish Parliament will decide whether it is going to give legislative consent to this Bill, which will have the effect of making the Bill reach the statute book. It has the opportunity of discussing the fiscal framework because we now have one.

[Lord Higgins]

And of approving it.

[Lord Forsyth of Drumlean]

Yes, it has the opportunity of approving it, whereas the House of Commons has not had the opportunity to do that. What possible justification can there be for not giving the elected Members of the House of Commons the opportunity to consider the fiscal framework, which has implications for the whole of the United Kingdom, when the Scottish Government have quite rightly insisted that they would not give legislative consent without the Members of the Scottish Parliament having an opportunity to consider it? I honestly think that my noble friend has to concede that there has to be an opportunity for the House of Commons to be treated in exactly the same way as the Scottish Parliament.

[Lord Dunlop]

That is a matter for the House of Commons; it is not a matter for the House of Lords. The House of Commons has decided to pass the Bill through its stages, in full knowledge of what the state of play was on the fiscal framework.

--- Later in debate ---

[Lord Forsyth of Drumlean]

My Lords, we have had a lengthy debate in which we have covered a lot of ground. However, a number of questions remain unanswered, which makes the case for both Houses to have an opportunity to consider the fiscal framework. I am extremely grateful to the many eminent and distinguished Members of the House who took part in the debate. I will not list them all as we need to get on, but I find it difficult to resist making one point to the noble Lord, Lord McFall. He said that the Scottish Parliament will be in the same position in terms of its powers as it was in 1707, and I will leave the House to speculate on who is playing the role of Queen Anne in that respect. It is, I might gently suggest, a slightly ridiculous position, although the big difference with 1707 is that it was not then dominated by one political party.

When I used to go to European Council meetings, I would always take the advice of the noble Lord, Lord Kerr, when he was in charge of UKRep. I am tempted to take his advice and withdraw Amendment 56ZA, but give notice that I will divide the House on Amendment 68.

[Lord Higgins]

I entirely take the point which is made about the later amendment, but I merely suggest to my noble friend that the vote will become detached from the debate which we have had now. We could go over the whole process again on the other amendment but that does not seem a very sensible way of proceeding. I would have thought, given the debate, we are much better really taking a decision now.

[Lord Forsyth of Drumlean]

I always listen very carefully to my noble friend. I therefore beg leave to test the opinion of the House.

European Union (Referendum) Bill

Debate between Lord Higgins and Lord Forsyth of Drumlean

Friday 24th January 2014 Lords Chamber

[Lord Forsyth of Drumlean]

I am most grateful to the noble Lord, but I am sure that what my noble friend meant when he said that it was consultative was that we were consulting the people to get their opinion. When I read the Bill, it seemed quite clear to me that if there was a referendum and people decided to leave or to remain in the European Union, that would be that. If the Bill is amended to say that the referendum is consultative, that is another matter. I am sure that my noble friend Lord Dobbs would also point to the fact that at the end of the day, this will require legislation in Parliament and Parliament will have the last say—of course it will—but I find it difficult to imagine that any Parliament faced with a referendum—

[Lord Higgins]

Will the noble Lord give way?

[Lord Forsyth of Drumlean]

In a second, although actually, the noble Lord did not give way to me. I find it difficult to imagine that any Parliament faced with a referendum made on the basis that it was not consultative would not respect the will of the people. I give way to my noble friend.

[Lord Higgins]

I will give way to my noble friend at Question Time next time.

The fact is that we cannot have the matter left in the dark. My noble friend the proposer of the Bill is clear that it is intended to be a consultative referendum. That being so, I think it is right that we should state that in the Bill. It is not a good idea to leave anyone in any doubt of that. As for subsequent legislation, of course, whichever way the referendum goes, it is likely that the House of Commons and this House will have to legislate, but it is important that they do not find themselves in a position where they have no option but to go along with the decision of the referendum.

[Lord Forsyth of Drumlean]

I hesitate to disagree with my noble friend; I will sit down having done so. If I may say so, his position is ridiculous. We have spent the whole day arguing that it is necessary to have the Bill so that the people have the assurance that the promise will be carried forward. If you amend the Bill to say that it is consultative, and we will decide what to do then, you have blown up the whole thing—which may be my noble friend’s intention, I do not know. I certainly think that the Bill ought to be, as it states, an opportunity before 2017 for the British people to have a say, for their say to be implemented and for us to be freed of this wretched debate.