European Union (Withdrawal) Bill

Debate between Lord Kerr of Kinlochard and Lord Dobbs

Report: 4th sitting (Hansard): House of Lords
Monday 30th April 2018 Lords Chamber

[Lord Kerr of Kinlochard]

Of course.

[Lord Dobbs]

My Lords, I shall be brief, but I do not expect it to make me many friends. I cannot believe how many noble Lords have said, “I hate referendums, but I want another one”. It is like falling down the rabbit hole and landing on our heads. The noble and learned Lord, Lord Brown, said that a second referendum would be decisive. I suggest that it would not be. If there is a second referendum, why not a third referendum or a fourth? A second referendum would not settle the issue; it would only prolong the agony. The noble Lord, Lord Kerr, has just explained clearly how extended that uncertainty and agony might prove. Which of those referendums—the second, the third or the fourth—would be, in today’s parlance, the “meaningful” vote?

I have to take the noble Lord, Lord Newby, slightly to task when he responded to the noble Lord, Lord Lamont, about the words of Mr Clegg that he waved in front of him. They had nothing do with the Lisbon treaty. I will quote Mr Clegg. He said:

“It’s time for a real referendum on Europe … Only a real referendum on Britain’s membership of the EU will let the people decide”.


He also asked voters to sign a petition, to give the people “a real choice”. There was not a squeak, not a little chirrup, about a second referendum—no ifs, ands or buts, and no suggestion that people might change their mind.

While we are talking about Lib Dem policy, it is interesting that, in 2011, they forced through the AV referendum Bill. It was their Bill, their policy. I voted against it—I got myself into terrible trouble with my Whips, but I think the noble Lord sitting on the Front Bench has forgiven me. It was a binding vote; it was obligatory. There was no suggestion that we could change our mind. It was, I believe, the only binding referendum in our legislative history. There was no chance of Parliament, let alone the people, changing their mind. That until now has been Lib Dem policy, and I do not believe they can have it both ways.

I talked earlier about Mr Clegg’s position on the instructions of the electorate, so perhaps I may briefly wrap up—

European Union (Referendum) Bill

Debate between Lord Kerr of Kinlochard and Lord Dobbs

Friday 24th January 2014 Lords Chamber

[Lord Dobbs]

I could dig out another quote, but that would take another five minutes, and I think that this debate has gone on long enough and I wish to conclude.

In conclusion, I thank the noble Lord, Lord Kerr, for the positive engagement that he has encouraged between us outside the Chamber on the issues; it has been very helpful to me. Of course, we disagree about this matter across the Floor of the House, and I think that it is now time for us to decide. With great respect, I ask the noble Lord to withdraw his amendment.

[Lord Kerr of Kinlochard]

My Lords,

“Half a league, half a league,

Half a league onward,

All in the valley of Death

Rode the six hundred”.

—or 158, I think.

I have great respect for the noble Lord, Lord Dobbs, and the Earl of Cardigan was not responsible for the loss of the Light Brigade, although he was the commander. Missing was the Earl of Lucan—he is in Davos, I think—and the Earl of Raglan, the commanders of the Army. It has been a very gallant charge and it was probably the case that halfway down the valley of death, the Earl of Cardigan turned to the chap on his left and said, “We have made a lot of very good progress today”.

It is very difficult to answer this debate, because I am supposed to deal with the objections to my amendment; I am still waiting. The most interesting suggestion, which I am rather inclined to follow, was in the speech of the noble Lord, Lord Higgins. Act I of the play was quite nasty, with a lot of talk about people misbehaving—hijacking was a word used from the Front Bench—and plotting. In my view, that was not worthy of the House. Act I is over. As the noble Lords, Lord Higgins, Lord Cormack and Lord Deben pointed out, we are now in Act II and our job is to try to turn the Bill, which a lot of us think is a rather bad Bill, into a good Bill. We need to amend and improve it.

I do not know why the date is here. I thought that I had argued, with a degree of support from around the House, that it does not make sense, because the renegotiation cannot be completed. The noble Lord, Lord Dobbs, says that we could change the date, but we would need a darn good reason. I thought that we had given two hours and 10 minutes of darn good reasons. However, I think that the noble Lord, Lord Higgins, is right: in Act II one ought to try to be a bit co-operative. There is a point knocking around here which I have not quite grasped. It is not the point of the noble Lord, Lord Dobbs, about distrust, but the point of the noble and learned Lord, Lord Mackay of Clashfern, about an enforceable undertaking. Although I do not agree with that point, one needs to think about it because it seems a solid point.

The provision does not need the date of 2017; I am not even sure that it needs a date. Perhaps it should be something about “the term of the next Parliament”, and it may be that an amendment could emerge from the Earl of Raglan and be voiced by the Earl of Cardigan. The question that the noble Lord keeps asking us—if not then, when?—is a question that we are entitled to ask him.

--- Later in debate ---

[Lord Kerr of Kinlochard]

This debate is in danger of being hijacked by a filibustering gang of Montagnards opposite—the Robespierre and the Danton, the noble Lords, Lord Cormack and Lord Higgins. They are behaving disgracefully, leading us away down these alleyways. We are talking about how many angels dance on the head of a pin. Whatever the referendum is called, consultative or mandatory, it will be decisive. There is no doubt that if the country voted to leave the European Union, the Government of the day would have to start the Article 50 procedures laid down in the treaty for secession. There is absolutely no doubt about that.

The question is simply, as the noble Lord, Lord Foulkes, says, should the Bill be honest and say that the people are being consulted? The noble Lord, Lord Dobbs, says that there is no need to do so because that is all it is: a consultative referendum. I have no idea who is right but if the noble Lord, Lord Dobbs, is correct that it is a consultative referendum, then I agree with the noble Lords, Lord Hannay and Lord Foulkes, that it should say so. But it should also be clear—and we should be in no doubt—that once the people have been consulted and have spoken, that is it.

[Lord Dobbs]

My Lords, would it help us if I made this suggestion? I agree with the passion that the noble Lord, Lord Foulkes, puts forward on this and with so many comments that have been made by my noble friends. If it is consultative, it is perhaps up to me to find a way to make sure that it is unambiguously consultative. If the noble Lord, Lord Foulkes, will allow me to engage in some conversation with him at a little later date, I will see what I can do. Certainly, my heart is entirely in line with his on this issue and on that basis, I beg him to withdraw the amendment.