European Union (Notification of Withdrawal) Bill

Debate between Lord Lamont of Lerwick and Baroness Wheatcroft

Committee: 1st sitting (Hansard): House of Lords
Monday 27th February 2017 Lords Chamber

[Lord Lamont of Lerwick]

We look forward to that clarification. If we wanted to, we could quote many other Liberals, not least Mr Vince Cable, who I am sorry is not in this House. He made it clear that he thought that there should be no second referendum:

“The public have voted and I do think it’s seriously disrespectful and politically utterly counterproductive to say: ‘Sorry guys, you’ve got it wrong, we’re going to try again’, I don’t think we can do that”.


My noble friend Lord Cormack made the point that there is also the assumption that the EU definitely wants us to remain in. There is also the assumption behind the amendment that Article 50 is reversible. As I understand the position, this is legally an open question. The Supreme Court did not opine on it because the two parties to the case, Mrs Miller and the Government, agreed that they would not argue about the issue in front of the court, so it did not take a view. I understand that lawyers are divided on the matter, but it is by no means clear that Article 50, once it has been invoked, is reversible.

Regardless of what the legal argument is, politically it seems difficult to believe that Article 50 could be reversed. Would the EU really want to negotiate with a country that is saying, “Well, we will get some terms from you which we will put back to the people, and then we may come back and ask for a better set of terms if they are not satisfactory”? If my noble friend Lord Cormack and I are wrong about this and the EU definitely and 100% wants us to remain in, it will give us the worst possible bargain, knowing that it has to be endorsed by both Parliament and a referendum. The amendment that has been proposed seems to be opportunistic and it does not have any logic to it at all.

[Baroness Wheatcroft (Con)]

My Lords, “the will of the people” is a phrase much bandied around in the wake of the referendum and it has taken on a totemic significance. Anyone who suggests that the country should not now blindly leap off the cliff into the unknown that is hard Brexit risks being accused of trying to defy the will of the people. When the Supreme Court judges examined the Government’s plans to ride roughshod over the principle of the sovereignty of Parliament, they met with a disgraceful headline labelling them “Enemies of the people”. Their determination to stand up for the rule of law rather than the rule of the mob was seen as defying the will of the people.

I do not wish to defy the will of the people. Amendment 3, introduced so persuasively by the noble Lord, Lord Newby, proposes the opposite of defying the will of the people. It is about upholding democracy, not denying it. It simply proposes that once the terms of our withdrawal from the EU are clear, the public should be given the final say on whether to accept them. As I said at Second Reading, I cannot understand why even the most devoted Brexiteers would not wish to give the public the final say on the terms of such a momentous decision unless they feared that the terms might not be acceptable.

The process would demand simply that Parliament should approve the terms by a resolution of both Houses. In answer to the noble Lord, Lord Grocott, it would be the vote of the Commons that was decisive; we know our place in this Chamber. If there is no deal, however, and the Government simply decide to withdraw from the EU, this too should be the subject of a resolution of both Houses. I will support a later amendment that calls for that procedure. I believe it to be absolutely crucial that, if the Government think that they have secured a good deal for this country, that deal should be put to the public in a referendum.

We are a proudly democratic country. We hold elections and we abide by the results even if the majority is wafer thin. The party with the largest number of MPs gets to govern. But the difference between a general election and the referendum is that a few years down the line the country has a chance to change its mind and to think again. People judge the efforts of those whom they have elected and, if they are not satisfied, they throw them out. A Parliament is not for life. However, when the country is now embarking on one of the most momentous decisions ever, a decision that will affect our children and our children’s children, there seems to be a perverse determination to insist that the people have made their bed and that, no matter how uncomfortable it may be, they are jolly well going to lie in it in perpetuity.