European Union (Referendum) Bill

Debate between Lord Richard and Baroness Falkner of Margravine

Friday 31st January 2014 Lords Chamber

[Lord Richard (Lab)]

My Lords, the last thing I am prepared to do, with great respect, is to have a lecture from the noble Lord, Lord Cormack, as to the functions of this House or the way in which we ought to behave. This whole Bill is a prominent and clear example of how this House should not behave. This is clearly a major constitutional issue; for it to be brought forward by a private Member in a rush, and to be told by Members on the other side of this House that we are not entitled to consider it properly, is not only arrogant, but positively impudent. I hope that the noble Lord, Lord Cormack, will reflect on this at some stage.

The noble Lord, Lord Cormack, said that the Bill was improved by the two amendments that we passed last week. That is true: it might be further improved by two amendments that we pass today, without destroying—as he put it—the purpose of the Bill. The amendments that have gone down were tabled with thought. They were not tabled in order to filibuster; they were tabled to deal with a situation into which this House—and indeed the country—should never have been put by this Government. If the Government had shown an ounce of steel in their relationship with their own right wing, we would not be in this position today. They have not and we are in this mess, which is what it is, and we must now try to deal with it, but to be lectured by a sermon from the noble Lord, Lord Cormack, is, frankly, almost too much.

I will try, perhaps, to calm down slightly. I have an amendment in this group—Amendment 73—which I hope the noble Lord, Lord Cormack, will think is helpful and constructive. It is a serious attempt to deal with the difficulties raised by this Bill in terms of legislating now for what might happen in the next Parliament. The next Parliament after the next election will be a different Parliament from the one that is now sitting. In those circumstances, that Parliament should have a say—and a direct say—given by this Bill, and not by some general constitutional doctrine that no Parliament can bind its successors. It should be given by this Bill in the sense that, before the Bill actually comes into force—it can be passed in this Parliament if that is what Parliament wishes to do—a resolution is passed by both Houses in the next Parliament saying that the Bill should now come into force. That is an attempt to deal with the dilemma in which we are placed, that we have a Bill in this Parliament designed to take effect in the next Parliament. Let me wrap it up: that is the effect of the Bill. It is not designed to take effect in this Parliament; it is designed to take effect in the next Parliament.

Therefore, it seems to me that in those circumstances, it is only just, reasonable and fair—and, indeed, constitutional—that that successor Parliament will have some say in whether and how the Bill comes into force. My amendment is not, I hope, a foolish one or a filibustering one. I said in my speech that it was not a filibustering one: it is not going to go on for very long, anyway. It is an attempt to square this very difficult circle in which we have been placed by the shenanigans of the party opposite, and particularly by the Government. The amendment aims to square that circle, by providing that, although the Bill is legislating for something designed to take effect in the next Parliament, the next Parliament will nevertheless have a direct say as to whether or not that should take place.

[Baroness Falkner of Margravine (LD)]

The noble Lord, Lord Richard, in addressing his comments to the noble Lord, Lord Cormack, several times suggested that this was the Government’s Bill. I just wanted to put on the record that it is a Conservative Party Private Member’s Bill, not a government Bill.

European Union Bill

Debate between Lord Richard and Baroness Falkner of Margravine

Monday 23rd May 2011 Lords Chamber

[Baroness Falkner of Margravine]

I was getting to that. Whoever said that EU legislation was dull and boring should see the enthusiasm of Members of this House to make sure that we examine every sentence. I was going to refer to the comments of the noble Baroness, Lady Williams, on “or otherwise support”, and I shall do so now. Clause 7(3) states:

“A Minister of the Crown may not vote in favour of or otherwise support”.

However, that has to be read in the context of the following words:

“a decision to which this subsection applies unless the draft decision is approved by Act of Parliament”.

My interpretation of the words,

“or otherwise support a decision”,

is a slightly more legalistic one. Will the Minister clarify that point? I see “or otherwise support” as meaning to give assent to “a decision”—meaning a law. In other words, that is a decision as seen in the category of regulations, directives and decisions—in this case, a decision taking immediate effect. That is why supporting —in other words, giving assent to—the making of a law would not be possible, but the Minister would have to come back with a draft decision, and subsequently go back and support it. This might be a rather legalistic view of the issue, but I should be grateful if the Minister can confirm whether that is right. If it is, the words are entirely sensible.

[Lord Richard]

My Lords, I have looked at this section and tried to construe and understand it, which was difficult. If I may say so, we are making rather heavy weather of the phrase “or otherwise support”. There is only one issue that the House ought to consider—is the legislation clear as presently drafted? If it is, then of course a lot of this argument is negated. If it is not clear as drafted, someone—almost certainly the Government—ought to put it right. I am doing my best with this phrase,

“or otherwise support a decision”,

but I am finding it difficult to understand what it means. I do not know what “otherwise support” means. Does “otherwise” refer back to the original approval, or to something less than the approval that you are minded to support? This is an extremely difficult concept to grasp. In short, is it clear? The answer to that is no. Should it be amended? The answer to that is yes. Who should do the amending? It should, on the whole, be the parliamentary draftsman. If ever there was a case in which the Government should say, “Right; we agree there is something here that we can look at again”, this is one.

European Union Bill

Debate between Lord Richard and Baroness Falkner of Margravine

Tuesday 5th April 2011 Lords Chamber

[Lord Richard]

The noble Baroness has used the word “deference” perhaps three times. Who on earth has talked about deference? I did not mention the word and I have not heard it mentioned in this Chamber this evening. What on earth is she talking about?

[Baroness Falkner of Margravine]

I think that the noble Lord, Lord Richard, knows exactly what I am talking about, and what I am talking about is trust. I am talking about an attitude. He can read Hansard as well as I will tomorrow, and he will see that I said that there was a tone—I did not suggest that the word “deference” had been used—in proceedings earlier this evening, and the tone is, “We know best”.