European Union Bill

Lord Risby Excerpts

Wednesday 8th June 2011 Lords Chamber

[Lord Risby]

My Lords, it is worth pointing out that the referendum is now part of our political culture. Indeed, it is not only part of our political culture, but right across the European Union referendums are deployed to get people’s views. It is now a fundamental part of the whole democratic process. However, the potential effect of this amendment is to make the referendum advisory. That is the point because if it is below 40 per cent the decision is referred back to Parliament. The essence of that argument is that the result ceases to be mandatory and effectively becomes advisory. That destroys the whole point of the reconnection process.

We are trying through the Bill to reconnect the people of this country with the European Union. It is a big challenge. If we are going to re-engage people in that process we must recognise that, if there is going to be constitutional change, the vast majority of people will want to feel that their voice is represented in the process. We owe that to them. I very much agree with the noble Lord, Lord Stoddart, that the 40 per cent figure is arbitrary. It would be absurd in a local or European election, when sometimes the figure drops below 40 per cent, to reject the result. That is not the way we do things. We must remind ourselves that the vast majority of people will want a referendum if there is going to be an important transfer of powers to the European Union.

The AV referendum showed us that on an important constitutional issue, the people of this country will be fully engaged. They took it seriously and voted in great numbers. I have the greatest confidence that in a matter such as the one before us, the potential transfer of additional powers to the European Union, they will of course be very interested. Therefore, I feel that turnout would be quite high.

We must make sure that people feel that when they vote, their vote counts and is decisive. Otherwise, it will destroy the point of the referendum. The referendum lock should be given without qualification; it is in the spirit of what the Bill is about. The fullest acceptance of the referendum result voted by the people is something that we should recognise. It is our duty as parliamentarians to do so.

[Lord Flight]

My Lords, I voted on two occasions for the Rooker amendment on AV. It is tempting to join the noble Lord, Lord Lamont, in taking the position that there may be a similar argument for supporting here an amendment that requires a 40 per cent turnout. However, the position is not at all analogous. In this situation, the aim is to protect the people of this country from having the powers of their Parliament and Government further diluted and given away, as has sadly happened in the recent past, with Parliaments breaking their word to citizens and acting in a way contrary to that which they promised—I refer, for example, to the recent Lisbon treaty.

It is very clear that the Bill is there as a protection for the British people, and it would be made meaningless if we said to them, “We are going to give you this lock and protection, but if less than 40 per cent of people vote, we will give power back to the Government of the day who command a majority in the House of Commons”. It is not an analogous situation to changing the voting system, where there were powerful arguments requiring an adequate turnout. It is not a situation that Burke would have supported in the slightest; he would have been absolutely against giving away the powers of the British Government and Parliament to another organisation. Either we give citizens a meaningful lock or we do not. Therefore, I feel no discomfort in opposing these amendments, having supported the Rooker amendment on AV; it is the whole point of the Bill.