Lord Lilley
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Lord Lilley Excerpts(5 years, 7 months ago)
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The Lord Speaker
With great respect, I must remind the noble Lord that he is not in the House of Commons. We do not have points of order in this House.
Lord True
My Lords, I am introducing an amendment to a Motion, which is a different matter. I ask the noble Lord and others to consider that this is a matter of extreme importance to the House. In this little book—I do not know if the noble Lord has ever read it or knows what it is—are the Standing Orders of your Lordships’ House, which have been established over centuries to protect our procedures and to help secure the liberties of the British people. They should not be lightly set aside. We set them aside frequently when there is an emergency, but on no basis of credible argument can what is going on today be considered an emergency. It is a charade—“chicanery” was the word used earlier—to enlist this great House in the political activities of the Labour Party, with which certain useful people in other parties, such as the Liberal Democrats, may go along.
The Liberal Democrat Leader should have been heard. Why did the noble Lord, Lord Warner, tell the House to choke off debate when the leading member of the Liberal Democrats wanted to follow the important remarks of the Leader of the House? It was wrong. That procedure of closure is also in our Standing Orders but it is not without reason that there is a note saying that it should not be lightly entered into. The noble Lord, Lord Warner, entered into it rather lightly.
What we have here is a pre-cooked plot—the gaff was blown by Sir Oliver Letwin in the other place yesterday—but it is the tip of the iceberg. One of my colleagues said earlier that if your Lordships consent to this kind of procedure being standard, what will happen when another Government are formed and a different person on the Front Bench says, “We set aside these Standing Orders. Your Lordships may consider this to be a scrutinising House but, no, it all has to be done in a day”? That is where we are heading.
That is not my surmise or what I am suggesting; it is what we see from the Official Opposition. As to the person who may be sitting here in a few months’ time if there were an election, what demur or doubt would she have in bringing forward such a Motion to frustrate your Lordships’ ability to consider and scrutinise legislation? Once you begin with a little sin and a little lie, big ones readily follow. We should be extremely cautious in assenting to this setting aside of Standing Orders.
Lord Lilley
Has my noble friend noticed the internal inconsistency of the Motion of the noble Baroness, Lady Hayter? It begins by referring back to the resolution of the House on 28 January that Her Majesty’s Government “should provide sufficient time”. It then goes on to curtail the time available to the House to consider this. How can both halves of the Motion be passed in one breath?
Lord True
My noble friend is right. He has anticipated the fast-approaching conclusion of what I will say.
It cannot be right not to allow sufficient time to consider a Bill which, as we have heard from my Front Bench, is still flawed; on which committees that have reported raised doubts; and which was being amended on the hoof by its own proponents in the House of Commons last night. There is no argument in logic because the Prime Minister has said that she will ask for a delay. There is no argument in procedure to say that we have to pass the Bill today. It is a political position taken up by the Official Opposition—I repeat, the Official Opposition—and we should not support it.
Everything I have sought to do in politics—and, by the way, I was proud to be the bag carrier, as the noble Lord, Lord Foulkes, so kindly put it, to my noble friend Lord Strathclyde—both in administration and local government, and the privilege I have in being a Member of your Lordships’ House, is to speak for freedom. One of things that defines the freedom of this House is its free procedures: the right of us all to put down an amendment and to have it heard, not closed; and the right of us all to put down a Motion and have it closed, not waved away. These things may seem small and arcane to those on the outside but, to me, they are a small part of freedom—and I have always wished to live and conclude my life in that. I beg to move.
Lord Warner
My Lords, I wish I thought that the Members sitting around the noble Lord who has just spoken would take any notice of his message but, having listened for more than four hours to a set of procedural issues that have nothing to do with the Bill we are supposed to be discussing today, I suggest to the House that we put the question.
Noble Lords
Baroness Hayter of Kentish Town
My Lords, we have had two speakers in favour of the amendment. I repeat two things I have said before. One is that the best advice is that we should all have a cup of tea. I second that one. The other is that, as I said at the beginning, if Members are against the Motion I tabled that we should hear the Bill today, the correct course is to vote against my Motion. Tabling a series of amendments where every speech has been against my Motion, rather than in favour of the different amendments, just shows that if this is not a filibuster, it is a technique to spin this out. I have great respect for the noble and learned Lord, Lord Brown, who said that it was incorrect of certain people to move the closure Motion. That is partly because the device of having umpteen different amendments was a way of arguing against my Motion rather than the amendments being correct and useful for the sake of the House.
Various people may have moved the closure Motions, but I remind the House—the House does not need reminding because Members were all here—that every one passed by the will of your Lordships’ House, not by that of those who moved the amendments. If noble Lords did not want the closure, they would have voted against it. In fact, the Motions were all passed by 2:1.
On the previous amendment, we heard about the tyranny of the elected House and that we have a despotic majority, all because we want the Bill heard in this House in a timely manner. It is surely best for this House that we do not continue with lots of speeches about all the amendments that are actually only about my Motion. It would be very nice if we could get to my Motion, so that those who really object to what we are trying to do, which is to get the Bill heard in this House, can vote against it. Let us see what is the will of your Lordships. For the moment, I suggest, without moving it formally, that we move to the vote on this amendment, and I urge the House to decline to agree it.
Lord Lilley
My Lords, I respectfully follow the noble Baroness, Lady Hayter. The simple truth is that almost everyone who has spoken, with the exception of her, has said that this is purely about constitutional aspects and not about Brexit. I agree with her that it is about both. I am a new boy, so I shall deal briefly with the constitutional aspects of this procedure. As a new boy, I knew one thing about this House: it has the power to make the other House think again. I have enormous respect for that power, and it is a power exercised only after due consideration.
As Secretary of State for Social Security for five years, I used to introduce a lot of legislation. Almost invariably, it would get through the lower House with very little amendment or change. It would come to this House and the next day, my officials would come to me to say, “Very sorry, Secretary of State, the Lords have gone and amended your legislation”. Initially, I tended to be shocked, horrified and angry, until I looked at the changes which this House had made. I cannot recall a single occasion when I did not, on inspecting those changes, accept them either in whole or in part, in spirit or in letter. This House does a good job in making that House think again, but it can do that only if it takes time to consider things and brings all the available expertise it can provide itself and acquire from outside.
It seems that the one reason we should not take this all in one day—the reason we have not taken Bills all in one day in the past—is that, by taking it over two or three days, we give time for outside experts to make representations to us. I know this House brings to bear enormous expertise, but it also has enormous contacts outside, which it draws on in that interlude between Second Reading and Committee and between Committee and Report. If we deny ourselves those interludes, we deny ourselves access to that expertise and the ability to make the high-quality changes, reforms and suggestions to the other House to make it think again, which I certainly found enormously valuable when I was down there. That is the central issue that I hope the noble Baroness, Lady Hayter, as acting Prime Minister for the day, will respond to in due course.
By way of exculpation, I will also explain why I endeavoured to raise a point of order with our Lord Speaker. I was referring to paragraph 29 of the Standing Orders of this House, which says:
“No speaking after Question put … When at the end of a debate the Question has been put, no Lord is to speak save on a point of order”.
I have since discussed it with the clerks and the Lord Speaker, and they are inclined to think that that needs rectifying, since elsewhere it says that no points of order are allowed. Perhaps in ancient times, when this was first written, “point of order” had a different meaning. I have not been here long enough—I was certainly not here in 1674, when this rule was first adumbrated—to know why. Of course, the whole rule that there should be no debate after a Question has been put was adumbrated back in 1674, so it may be that in rectifying this we will find that there can be a little debate, discussion or explanation as to why a noble Lord should want to truncate and prevent debate in this House, the whole purpose of which is debate. I put that forward to explain that I was not endeavouring to be out of order but to follow the rules of the House, as they had been drawn to my attention.
But this is not about just constitutional issues; it is about Brexit itself, as the noble Baroness, Lady Hayter, pointed out. She said that the only justification for doing what we are doing—for not abiding by our normal procedures, allowing proper discussion or allowing expertise from outside to be drawn into it—was that prolonging it increases the risk that we leave in what she calls a no-deal Brexit: on WTO terms, with all the mini-deals that have been agreed between us and the EU. She considers that a disaster. I consider that a far greater disaster would be to set aside the will of the people, as solemnly requested in a referendum, with a promise repeated by all the leaders of all the parties and all our former Prime Ministers that, whatever the decision, they would implement it.
Lord Hughes of Woodside (Lab)
How many people who voted in that referendum are still alive? How many new people are on the register? What would the noble Lord say is the relationship between those who voted and those now on the register? How long does he believe we should continue—five years, 10 years? Should a referendum taken 10 years ago be binding on us for ever? It is absolute nonsense.
Lord Lilley
I entirely agree. It is quite reasonable to have a referendum every 45 years, which is the time we had to wait before this second referendum. People’s opinions change over time. Back in 1975, I campaigned for us to remain in the EU. I was young and inexperienced. I was recruited for the campaign to keep Britain in Europe by a particularly beautiful girl, who is now my wife, so I plead that one’s opinions can change—as hers and mine have—with experience. We all have more experience now than we had three years ago of the sort of organisation we are dealing with in the European Union. As the noble Lord, Lord King of Lothbury, the former Governor of the Bank of England, has said, that is what we should be thinking about far more than the niceties of a withdrawal agreement.
One thing is certain. During the referendum campaign no one asked, “Would you like to vote to ask permission to leave?” That is like a primary school child putting up their hand in the classroom and saying, “Please, miss, may I leave the European Union?” That is a nonsense. We voted to leave. The Prime Minister of the day said that if we left, we would leave on WTO terms. I want to argue that that is not too frightening. On the contrary, although it is not the best thing—
Baroness Hayter of Kentish Town
Is the noble Lord addressing himself to the words of the amendment?
Lord Lilley
I am—just as she did. Initially she said that she was addressing all the amendments with the argument that if we did not leave now, there would be a problem. I am arguing that if we—
Baroness Hayter of Kentish Town
I said that we should deal with this Bill in time for it to have effect. That was the point I made—that if we did not deal with the Bill before we ran out of time, there was no point in having it. I did not go into the issue of Brexit.
Lord Lilley
On the contrary, the noble Baroness is rather forgetful, because I noted down the five points she made about what would happen if we did leave with no deal. They were about citizens’ rights, tariffs and industry; I have forgotten the other two.
Lord Strasburger
I wonder whether the noble Lord has completed his remarks on the amendment. If so, will he please sit down?
Lord Lilley
No, but when I have I certainly shall. I am trying to get on because I want to deal with the central argument that was put forward by the noble Baroness, Lady Hayter: namely, that it would be a disaster if we do not get this legislation through because of the amendments that we are now considering and if we leave with no deal on WTO terms. I maintain that it would not be a disaster. What would be a disaster would be denying democracy—
Lord Lilley
I am sorry but I will not give way.
Let me get to the point. There are three advantages if we leave without a deal. No doubt it would be best to have a free trade agreement—
Baroness Vere of Norbiton (Con)
My Lords, I have to agree with the noble Baroness, Lady Hayter. It is the convention that we address the words in the amendment and I am not entirely convinced that the noble Lord is doing that at the moment.
Lord Lilley
Let me therefore do so. The amendment,
“notes that more than one day is required for this House to have sufficient time to scrutinise the European Union (Withdrawal) (No. 5) Bill”.
I submit that several days are required and that it is worth taking those days, even if it means leaving on WTO terms—because they are quite acceptable. First, we would keep £39 billion. That was the opinion of this House. I trust the committee which concluded that and I would be quite happy to submit to international arbitration, because I certainly would not want to not meet any legal obligations that we have. So £39 billion is a positive.
Secondly, we would end uncertainty.
Lord Lilley
As I say, the second advantage is that it would truncate uncertainty. That will unleash the investment that has been held up. We all agree that uncertainty is bad for business. That is the one negative thing that this long process has had, but ending it means that people will start investing either to take advantage of the opportunities or to cope with the difficulties.
The third advantage is that it will force Ireland, the European Union and the British Government to implement—
Lord Lilley
I am sorry, if the House is reluctant to listen to the facts, as I have noticed that sometimes it is, that is a shame, because it is important that we take into account the advantages of what is before us. We should take note in particular of what the Irish Government have said. Leo Varadkar said that, in the event of no deal:
“I have made it very clear to my counterpart in the UK and also to all other EU prime ministers that under no circumstances will there be a border. Full stop”.
Mr Juncker gave an assurance to the Irish Parliament that if negotiations fail—
Lord Lilley
I am sorry: people want me to finish so I am getting on as rapidly as I can. He said that if negotiations fail with the Tory Government on the exit agreement, he would give a clear commitment that the European Union would not need to impose border customs posts or any other kind of infrastructure on the frontier in order to protect European borders. We have said that in no circumstances will the British Government do so. As we have seen recently, that will force the creation of an invisible border in Ireland which will resolve that problem. I think that those are big advantages.
I will happily go on if the House wishes me to do so.
Motion