Outcome of the European Union Referendum

Lord Marks of Henley-on-Thames Excerpts

Tuesday 5th July 2016 Lords Chamber

[Lord Marks of Henley-on-Thames (LD)]

My Lords, this vote has threatened the hopes of my children’s generation. Our young people asked, overwhelmingly, “Why would anyone want to leave the European Union?”. They now feel disillusioned, angry, hurt and betrayed. They have grown up as Europeans; they value their freedom of movement; and multiculturalism, tolerance and international friendship are at the heart of their being.

It could have all been different. With high-handed overconfidence, the Government rejected amendments giving votes to 16 and 17 year-olds, EU citizens resident in the UK and UK citizens living elsewhere in the EU for more than 15 years. Thus they denied votes, which could have proved decisive, to three groups of people who are now most profoundly affected by the leave vote.

Like all other noble Lords, I find it shameful that the Government now try to justify bargaining with the cast-iron promise of indefinite leave to remain given to UK-resident EU citizens, so I welcome the Bill tabled today by my right honourable friend Tom Brake MP guaranteeing their right to stay.

Where next? During the campaign, the Prime Minister said that he would invoke Article 50 of the Lisbon treaty immediately if leave won. Then, as he resigned, he said that this would be a matter for his successor. My noble and learned friend Lord Wallace reminded us that Article 50 includes the words,

“in accordance with its own constitutional requirements”.

With no written constitution, the UK’s constitutional requirements for giving notice are uncertain. David Cameron seems to have assumed that notice could be given by exercising prerogative powers. I disagree. I far prefer the analysis of many senior lawyers, echoed by the noble Lord, Lord Kerr of Kinlochard, who argue, broadly, that legislation is required.

Whatever the legal position, there is at least a political imperative which requires a resolution of the House of Commons, as the elected House, before an Article 50 notice may be served. The leave campaign stressed the sovereignty of the Westminster Parliament; it cannot now credibly argue that a non-binding referendum can take the final decision away from this Parliament. Moreover, the treaty does not say whether an Article 50 notice can be withdrawn after service. Again, I agree with the noble Lord, Lord Kerr. A negotiation is real only if the parties can walk away.

Implementing this crucial decision must not be rushed through with ill-considered haste; nor should it depend on the Conservatives’ leadership election. Many noble Lords have said that we must respect the will of the people—and so we must.

Remain fought a sad campaign. We failed to raise people’s sights from the threat to the economy, which many believed was exaggerated or worse. In hock to focus groups, we failed to make the principled case for international collaboration, for protecting our environment, for peace and stability, for freedom of movement. We said far too little about what the UK brings to the European Union rather than the other way around. We failed to refute the notion that while the head should say remain, the heart should say leave. That failure of ours allowed the leave campaign to persuade voters, albeit by a small majority, that they should abandon a relationship of 43 years which has involved facing the world together, making compromises, resolving differences by negotiations and discussions—often, yes, protracted and difficult—to pursue the superficial attraction of an independence that will prove entirely illusory and lead in time to economic hardship, isolation, weakness, disappointment and regret.

Much has been said by noble Lords today about misrepresentation during the campaign. With much I agree. But in six months or a year there may be more clarity and the true economic costs of leaving may have moved from the realms of speculation to a starker reality. The public mood may have palpably changed. The real-life options for our future relationship with the EU may be apparent. The EU may have changed its position. In this context we must end the absurd stand-off between a hurt and angry EU refusing to negotiate before notice is served and our being unwilling —reasonably so—to serve notice before negotiations start. Given our right to serve or withhold a notice at our option, we can do better than rely on ill-defined, informal bilateral talks, as outlined by the noble Baroness, Lady Anelay, yesterday.

The Scottish Government’s threat to leave the United Kingdom is already clearer than it was. Might they not be willing to abandon plans for a second independence referendum if the United Kingdom does not invoke Article 50?

When Parliament takes its decision, my party will stand up for our internationalism and for our fundamental belief that we should play our full part in the European Union. We will take that principled position even if there is a political cost—just as my right honourable friend the late Charles Kennedy did over the war in Iraq, for which we are likely to receive vindication tomorrow, nine years late; and just as my right honourable friend Nick Clegg did when taking us into coalition with the Conservatives at a dangerous time for Britain, and at obvious political cost, leading to five years of stable and successful majority government, but ultimately leading to damaging losses for the Liberal Democrats which, ironically, delivered to David Cameron the overall majority and the referendum that have proved to be his nemesis.

I echo much of what the noble Lords, Lord Armstrong and Lord Butler, said. I trust that not only my party but Parliament will continue to do what Members of both Houses, with full regard for the referendum result, in their consciences believe to be in the national interest of the United Kingdom. That is the basis of parliamentary democracy and of the sovereignty of Parliament. If ultimately Parliament decides that it should put the terms of withdrawal to the people once again, so be it.