Business of the House

Debate between Lord Howard of Lympne and Baroness Smith of Newnham

Thursday 4th April 2019 Lords Chamber

[Baroness Smith of Newnham (LD)]

My Lords, I have considerable sympathy with the amendments, but the reason why I will not be supporting any of them is precisely that we are in a position where the Government have failed to deal with the Brexit referendum. The constitutional problem started there, and to suggest that we should not deal with procedures today is misguided. We have to deal with the crisis that is developing in this country. We need to get this legislation through and work with the House of Commons in order to try to resolve the constitutional mess that was caused by the referendum in the first place.

[Lord Howard of Lympne]

My Lords, I will say a few words following on from the speeches of my noble friend Lord Lawson and the noble Baroness, Lady Deech. Both of them referred to the fact that we have—and we have always regarded it as one of our glories—an unwritten constitution. That has its risks. In a set of circumstances where a country has an unwritten constitution, the safeguards of our liberties lie with our conventions, precedents and procedures. An unwritten constitution works only if the institutions of government respect those conventions, procedures and precedents. Under an unwritten constitution, the House of Commons has very great power—but the House of Commons should exercise that power with constraint, circumspection and respect for those conventions, procedures and precedents.

The noble Lord, Lord Newby, the Leader in this House of the Liberal Democrats, says that a breach of those conventions, practices and procedures is justified because we are in a state of national crisis. He will know that that is the pretence that tyrants have used down the ages for abrogating the safeguards that have existed in those countries to safeguard the liberties of their citizens.

That brings me to the role and responsibility in these circumstances of your Lordships’ House. Surely if your Lordships’ House has any role and responsibility, it is to put a brake on the breach of those conventions, precedents and procedures that has undoubtedly taken place in the House of Commons. Be under no illusion: what has happened in the House of Commons will set a precedent that may be followed in circumstances that would have a much more dire effect on our liberties than the issues that we are debating and discussing today. If that precedent is to be tempered, the only body that can do it is your Lordships’ House. That is why your Lordships’ House should today put a brake on the breach of those conventions, precedents and procedures and vote for my noble friend’s amendment.