(6 years, 9 months ago)
Lords ChamberIf the noble Lord, Lord Kerr, thinks there is a danger, we will have to look at it again because I so respect his judgment. I certainly do not want to create a legal vacuum; I want to see the possibility of an extension of Article 50 as one thing that Parliament might do if it decided to reject the Motion on the withdrawal agreement. I also think that it would be appropriate for the Commons to decide on any other course—and certainly I agree with the noble Viscount, Lord Hailsham, that a referendum would be a possibility in those circumstances. How can we possibly judge at this stage what those circumstances will be? We have to have in our amendment—while maintaining legal certainty—the possibility of the Commons being able to decide on a number of different things.
One of the benefits of the Grieve amendment, as inserted, is that it refers to approving the “final” terms of withdrawal. Part of the problem we now face with an exit day in March 2019 is that the prospects of reaching a final and detailed agreement before then are receding day by day. So it appears to me—I read the Daily Mail every day and follow, as far as I can, what Jacob Rees-Mogg is saying—that the hard Brexiteers want to get us out with the vaguest possible interim agreement and do not mind about it. Parliament has not to allow that. Therefore, it is important to talk about the final and detailed terms of the agreement to be presented to Parliament before we leave, and it is something that we all need to ensure we have in this Bill.
I agree very much with what the noble Lord, Lord Wallace, is saying. That is why I think that the possibility of extending Article 50 is realistic, before one contemplates the possibility of a further referendum. The risk that we face at the moment is that the Government will seek to take us out of the European Union finally on the basis of a political declaration that will, frankly, contain mushy words that mean one thing to one set of people and another thing to another set of people.