European Union (Referendum) Bill

Debate between Lord Mackay of Clashfern and Baroness Falkner of Margravine

Friday 24th January 2014 Lords Chamber

[Lord Mackay of Clashfern]

My Lords, in order to have an enforceable entitlement, it is essential, as I see it, to have a question that is related to the issue that you want to raise. Essentially, the Bill is legislating to say, “There shall be a referendum”. However, in order to be enforceable and to create a real entitlement, it has to state the time within which the referendum must happen, the question that must be raised, the mechanisms by which a system can be set and who the electorate are. That is all necessary in order to create an entitlement, but the entitlement does not mean that the referendum is going to take place only in accordance with the Bill. There is no question that this Bill binds any other Parliament any more than any other Bill with a sunset clause in it. This Bill does nothing except give that entitlement to the British people. If the Bill passes, I shall be interested in the number of manifestos that contain an undertaking to repeal it.

[Baroness Falkner of Margravine]

The noble and learned Lord has set out his position repeatedly and carefully but there is one point where I am unclear on it. Is he not aware that there is an entitlement, called the European Union Act 2011, which creates a steadfast, watertight provision that there will be a referendum should there be any change and transfer of powers from the United Kingdom to the EU? It does not even limit us to having that referendum by 2017. Should that happen before 2017, we would be required to have a referendum before 2017.