European Union (Withdrawal) (No. 5) Bill

Debate between Lord Pannick and Baroness Noakes

Committee: 1st sitting (Hansard): House of Lords
Monday 8th April 2019 Lords Chamber

[Lord Pannick (CB)]

My Lords, I oppose the amendment. It would frustrate the very purpose of the Bill, which is to leave it to the House of Commons to identify what it thinks is the appropriate date.

[Baroness Noakes (Con)]

My Lords, I support my noble friend’s amendment for two reasons. First, this remains a wretched Bill, taking power away from the Government and their ability to use the royal prerogative. Therefore, I would support any restriction on that measure being put into the Bill. Secondly, I support the points made by my noble friend in respect of the financial impact of different variants of a delay in leaving the EU. The fact that the Bill was not treated as a money Bill in the other place is beyond my comprehension, as is the fact that my noble friend was unable to table an amendment explicitly calling for an impact assessment or something else—but the ways of the Public Bill Office are strange on occasion. I support my noble friend.

Business of the House

Debate between Lord Pannick and Baroness Noakes

Thursday 4th April 2019 Lords Chamber

[Baroness Noakes]

The reason we do this is that the other place does not do a very good job of scrutinising legislation. There are a lot of reasons for that. Compared with the normal proceedings of your Lordships’ House, the proceedings in the other place are much more party political. Anybody who reads Hansard can see that. In particular, since 1997, when Mr Blair introduced programme Motions, the amount of time dedicated to legislation has been severely truncated at all stages of Bills going through the other place. They often arrive in your Lordships’ House with very little scrutiny, and with some clauses and parts of Bills not scrutinised at all.

We have an important job to do. When my right honourable friend Sir Oliver Letwin was moving one of his Motions yesterday in the other place, he freely admitted that the Bill—which we will move on to at some stage—needed to be “tightened” and that that would be done by the House of Lords. So the other place now expects this House to do the job of perfecting legislation. That has been the case for some considerable time, but we have to have procedures to do it.

Standing Order 46 sets out the bare bones of how we approach legislation. It states:

“No Bill shall be read twice the same day; no Committee of the Whole House shall proceed on any Bill the same day as the Bill has been read the Second time; no report shall be received from any Committee of the Whole House the same day such Committee goes through the Bill, when any amendments are made to such Bill; and no Bill shall be read the Third time the same day that the Bill is reported from the Committee, or the order of commitment is discharged”.


Those arrangements—

[Lord Pannick]

Does the noble Baroness accept that, forceful though her points no doubt are, we have now been discussing the same points for three hours and 46 minutes, in the context of a Bill that has been sent to us by the House of Commons on an urgent basis? Does she not accept that it really is time to move on? She has put her name down for Second Reading. All these points could be made in her Second Reading speech.

[Baroness Noakes]

I fully hear what the noble Lord, Lord Pannick, says, but I have a right to be heard on the Motion that I have put on the Order Paper. A considerable amount of the time has been taken up by noble Lords moving closure Motions, which involves two Divisions every time.