European Union (Withdrawal) Bill

Debate between Lord Patten of Barnes and Lord Garel-Jones

Monday 19th March 2018 Lords Chamber

[Lord Garel-Jones]

One of the interesting aspects of our country is that, unlike almost every other country in the world, we do not have a written constitution. Britain’s unwritten constitution could be summed up in one sentence—Parliament is supreme. I myself take the Thatcherite view on referendums, as indeed does my noble friend Lord Patten, but since this particular referendum was approved by Parliament, like it or not, I have to accept it. However, I remind the House of the Supreme Court’s ruling on this matter, of which quite by chance I happen to have a copy in my pocket:

“The 2016 referendum is of great political significance. However, its legal significance is determined by what Parliament included in the statute authorising it, and that statute simply provided for the referendum to be held without specifying the consequences. The change in the law required to implement the referendum’s outcome must be made in the only way permitted by the UK constitution, namely by legislation”.


That means that the outcome of these discussions must be laid before Parliament, and given that our unwritten constitution gives that right to Parliament, I have no doubt whatever that Her Majesty’s Government will abide by our unwritten constitution—the supremacy of Parliament.

[Lord Patten of Barnes (Con)]

My Lords, perhaps I may put one point to my noble friend. Is he, as I am, mildly amused by the fact that so many of our noble friends seem particularly keen to quote the views of present and former leaders of the Liberal party but do not seem keen to remember what the most distinguished leader of the Conservative Party over the past few years said explicitly about the danger of referendums being an example of the worst sort of plebiscitary democracy?

[Lord Garel-Jones]

Indeed, I agree with my noble friend. What they are saying in fact could possibly mean that were the outcome of the deal to involve the killing of the firstborn child of every family in Britain, we would have to accept that.