Business of the House

Debate between Lord Lilley and Baroness Hayter of Kentish Town

Thursday 4th April 2019 Lords Chamber

[Baroness Hayter of Kentish Town]

My Lords—

[Lord Lilley]

My 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 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.

Further Discussions with the European Union under Article 50 of the Treaty on European Union

Debate between Lord Lilley and Baroness Hayter of Kentish Town

Wednesday 27th February 2019 Lords Chamber

[Baroness Hayter of Kentish Town (Lab)]

My Lords, it is a good thing that the Minister has a sense of humour. I have to say that he is struggling not just with his throat but with finding anything new to say. That, I understand: some of us are in the same position. More seriously, he is struggling to recognise the seriousness of the state we are in. I think it would be good if the Minister would heed the advice given to him the last time we met that he should stop being,

“the boy who stood on the burning deck”,—[Official Report, 5/2/19; col. 1430.]

and face today’s reality. The reality is that a 29 March departure is simply not going to happen.

What we are witnessing, to the mystification of observers here and abroad, is a wholly divided Government and a Prime Minister who has let down Brexit voters by failing to provide the promised “smooth and orderly” departure to get the very best out of leaving—a Prime Minister who has unnerved the very businesses which have traditionally looked to her party to understand and promote their interests, who has divided her party and Parliament and who, unforgivably, has failed to unite the country after a divisive referendum. She has failed to reach out to remainers to reflect their interests as well as those who voted to leave. We see a Prime Minister who has failed to reach out to the Opposition, engaging not at all until the last few weeks, and even now refusing to move one iota towards our priority for a deal—a Prime Minister who promised the Commons a vote to halt no deal only when she faced defeat in the Lobbies, yet who even then offered only a temporary reprieve, leaving a no-deal threat on the table after 29 March and, as we have just heard, only the promise of a vote, with no indication of whether the Government would whip against a no-deal exclusion. That, to me, means that she is keeping it tight in her armoury. The noble Lord, Lord Callanan, endlessly reminds us that no deal is the legal default position. We say to him that it is not the moral default position.

I fully expect, when some future committee, no doubt chaired by someone in your Lordships’ House, reviews how the Government handled this sorry saga, it will ask the normal tin-opener question written by the secretary to the committee—cui bono? Had we girls been taught Latin at school, I would be able to pose in Latin, instead of having to do so in English, the more important question—not just cui bono, but who pays? I am sure it is not the ERG members.

It will be businesses, consumers and the country. Fitch is putting our AA credit rating on negative watch, due to the potential exit without a transition period. Of course, that signals a possible downgrade. Meanwhile, the UK would lose its current market access to the 60 third countries covered by special arrangements with the EU, Mr Fox having spectacularly failed to roll these over or to prepare all those exciting new ones with a swathe of other countries, as we were promised.

All of us have heard endlessly about the risk to supplies and businesses of no deal—from a shortage of pallets and life-saving medicines to delays, handling costs, legal queries and, of course, tariffs. I discussed tariffs earlier this week with the noble Lord, Lord Lilley, when we were at LBC. I am glad to see him here in his place in case I get this wrong, because I have to say that he slightly shrugged off the tariff problem, saying that a drop in the pound would compensate for it. That is not what it would feel like to consumers.

[Lord Lilley (Con)]

I am grateful to the noble Baroness for giving way. What I said was that the drop in the pound would compensate those whose tariffs were around the average of 4%, but that, in aggregate, the tariffs amount to £5.3 billion. The saving we make from leaving is more than £10 billion. We would therefore be in a position to help those who face above-average tariffs and still have money in hand.

[Baroness Hayter of Kentish Town]

So the consumers will pay. Just an extra 5% on tariffs? Are we really going to go round subsidising food?

[Lord Lilley]

With respect, the money we save will not come from consumers; it will just no longer be available to the EU to finance its projects. Every year, we pay £10 billion more to the EU than it gives us back. We will no longer do so, and will therefore be in a position to use some of that money to help those industries—particularly farmers and car producers—and ensure that the effect of tariffs, if the EU is foolish enough to continue applying them to us, is offset.

[Baroness Hayter of Kentish Town]

I am talking about the tariffs that we will have to apply to the goods that we import, such as meat and cheese. Those will be paid for by consumers. The Government’s own analysis shows the likelihood of food shortages and increased prices just from the interruption to trade, but a lower pound—whereby people will have less money in their pockets to buy any imported food—means that, in addition to prices going up because of shortages and delays in things arriving here, it will be even more expensive for consumers. The answer to “Who pays?” will be the consumers.

For those wanting to travel, mile-long queues for Eurostar trains, long waits at ferries, green cards for drivers and the loss of health cover will all impact British families. Does this no longer matter to a party traditionally careful of consumer prices and its electorate? The noble Lord, Lord Heseltine, warned last year in your Lordships’ House of the electoral damage to his own much-loved and lived-in party. This continuing drift to no deal must be fuelling his fears. It is certainly fuelling mine, as well as those of the CBI, the IoD and all those affected by the Government’s recklessness.