Northern Ireland (Executive Formation etc.) Bill

Lord Tebbit Excerpts

Ping Pong (Hansard): House of Lords
Monday 22nd July 2019 Lords Chamber

[Viscount Hailsham (Con)]

I rise briefly to support the amendment passed in the House of Commons last Thursday by a majority of 41 and thus express my strong opposition to the Motion of disagreement moved by my noble friend Lord Duncan. In doing so, I say to your Lordships that I make no personal criticism of my noble friend; he always conducts himself with considerable dignity in this place and I know he is always listened to with great respect.

Last Monday, and on previous occasions, I expressed my strong opposition to Brexit. It is my belief that this is a matter that should be decided by the House of Commons through a meaningful vote and not by Ministers alone. I do not intend to repeat the detail of those arguments today and will confine myself to three points.

First, in the debates last week, some of your Lordships suggested that it was constitutionally improper for this House, an unelected Chamber, to pass the amendment then under consideration and subsequently accepted by the Commons. We were told by one of my noble friends that, by acting in such a way, we were putting the very future of this House in jeopardy; doubtless some of those who held such views will troop through the Government Lobby today. Keeping that in mind, it is truly bizarre that the opponents of the Commons amendment, the Government themselves, are now asking us—the unelected House—to frustrate a decision made by the elected House with a very substantial majority. The positions adopted by the Government last week and this are inconsistent and cannot sensibly be reconciled. To those who are about to do it, I say that to stand on one’s head in such circumstances is not credible, comfortable or dignified.

Secondly, I have said that I believe Brexit was an extraordinary act of national self-harm that was not supported by plausible assumptions or credible evidence. On Thursday last week, the country received the expert opinion of the Office for Budget Responsibility. Its conclusion is that, on any of the credible assumptions, a no-deal Brexit will cause Britain very serious economic damage. This is not Project Fear; it is a professional assessment of the likely outcome of a no-deal Brexit. It must surely be the subject of serious parliamentary consideration before any decision is taken to leave the European Union, whether on 31 October or some other date. Prorogation to prevent that consideration would be unpardonable.

Thirdly and lastly, the amendment in the Commons that we are now discussing is prompted largely by the well-founded anxiety that Mr Johnson—the likely next Prime Minister—might seek to suspend the sitting of Parliament to prevent the Commons challenging and perhaps overriding the decisions of Ministers. Last Thursday, in the debate in the House of Commons, Mr Johnson could have provided the appropriate reassurance. He was in the House. I am sure that the Speaker would have called him. Mr Johnson could have said that upon his honour he would do no such thing. He could have written to my noble friend the Minister, copied to all of us, giving such an assurance. He could indeed have used his well-remunerated pen to craft an article in those terms, though had he done so I would have liked to have inspected his computer to see whether another and quite different version was to be seen on the screen. But he has done none of those things. Quite the contrary: Mr Johnson voted against the cross-party amendment passed and now being discussed, and in his article in today’s Daily Telegraph he ignored the position completely.

Your Lordships are entitled to assume that such a constitutional outrage is indeed within the contemplation of Mr Johnson. Given that, this House—indeed, all of those who respect parliamentary government—must take every proper step to prevent such a disgraceful act happening. The Commons amendment now before the House is one such measure. Your Lordships should affirm it and reject the Motion moved by my noble friend.

[Lord Tebbit (Con)]

My Lords, last week, after a similar harangue from my noble friend, I described these manoeuvrings as a “dog’s dinner”. A dog’s dinner it was, a dog’s dinner it is, and a dog’s dinner is no better for being served cold a second time. We should, as my noble friend the Minister advised us, reject this.

[Lord Newby (LD)]

My Lords, early on in the Brexit process the right honourable Kenneth Clarke MP said that we were entering an Alice in Wonderland world. This amendment takes us further down the rabbit hole because it invokes an obscure bit of legislation from 1797 that had a completely different purpose in mind. But we need to remind ourselves why the Commons passed this and why we should support the Commons. It did so because it did not trust the incoming Prime Minister to behave in a constitutionally proper manner. It was not just remainiacs such as my colleagues in the Commons who behaved in this way; it was the 17 Conservative Members who voted for this amendment and the slew of Cabinet Ministers who abstained on it. These are the people who know Boris Johnson much better than I do—much better than most of us do—and they had formed a judgment that he was not to be trusted. That is why they voted the way they did and it is why we should support them.

Northern Ireland (Executive Formation) Bill

Lord Tebbit Excerpts

Report stage (Hansard): House of Lords
Wednesday 17th July 2019 Lords Chamber

[Lord Morrow]

That does not diminish my real concern here. I have to be frank and open with the House—and that is why I am saying that “must” rather than “may” should apply.

[Lord Tebbit (Con)]

My Lords, it is a fairly good general rule that, when we are faced with legislation that is the sort of dog’s dinner that no reasonable dog would look at—complex and everybody has misunderstandings, with comments that they cannot accept this bit or that bit—the legislation is fatally wrong. When Parliament gave devolved rule to the people of Northern Ireland, it was a clear act. Now we are saying, “If you are not using it, we are going to take it back and use it for you”. The only honest way to go about that is to repeal the Act that gave devolved government and take over in an honest manner. To do it like this is a mess—and I will oppose this mess because, in all my experience, when legislation is as complex and muddled as this, it is fatally flawed.

[Lord Lexden (Con)]

My Lords, I support Amendment 11 in the name of my noble friend Lord Hayward and other noble Lords, and the other amendments associated with it. The House will recall the skill with which my noble friend Lady Stowell of Beeston took through the equal marriage legislation in this House, and it is good to see her in her place as we debate this amendment.

Since 2013, I have, on several occasions, called for the extension of same-sex marriage to Northern Ireland, and I am delighted that my noble friend Lord Hayward has taken up the issue with such skill and determination, strongly supported by others across the House who share our particular interest in gay rights, including the noble Baroness, Lady Barker, who is in her place today.

I take a simple, unionist view. People in Northern Ireland ought not to be deprived of this human right, which is now firmly established in Great Britain. I do not think that the unfortunately named Sewel convention should, on this matter, deter this Parliament from exercising the right, which it undoubtedly possesses, to legislate in a devolved area. Before its collapse, the Northern Ireland Assembly had reached a majority view in favour of reform, and opinion polls in Northern Ireland show that public support for same-sex marriage is running at much the same level as in the rest of our country.

It should be remembered that it was this Parliament that decriminalised homosexuality in Northern Ireland, after a courageous Ulster Unionist, Jeffrey Dudgeon MBE, had brought a case at the European Court of Human Rights. That legislation in this Parliament came 15 years after gay consenting adults elsewhere in our country had ceased to be treated as criminals. Let not gay people in Northern Ireland have to wait so long for the right to marry if that is their wish.

Scotland’s Fiscal Framework

Lord Tebbit Excerpts

Wednesday 24th February 2016 Lords Chamber

[Lord Dunlop]

As I said, today is the final day of the Scottish Budget. That is why we do not have the fully published document today. There are a few minor technical and implementation issues from the agreement that need to be finalised. However, I have given a commitment to the House, and my strong expectation is that that agreement will be published tomorrow.

[Lord Tebbit (Con)]

My Lords, will there be anywhere a cash limit upon the amount of money which English taxpayers will be required by this agreement to pass across the border for the benefit of Scottish consumers?

[Lord Dunlop]

I can only repeat what I said earlier: there is no additional cost to the taxpayers of England, Wales and Northern Ireland.

Scotland Bill

Lord Tebbit Excerpts

Wednesday 24th February 2016 Lords Chamber

[Lord Davidson of Glen Clova]

There is a view, of course, that the Supreme Court is developing a constitutional role and that that is a matter that might be an adornment to the developing UK constitution. The noble Lord, Lord Thomas, suggests that these are philosophical musings, but the philosophical musing comes entirely from the other side. I am looking at the political reality of how this can be dealt with in relation to Scotland. There may be many interesting and complicated issues in Wales, and I would be fascinated to hear more about these in due course, but at the moment I am trying to put forward our position on these amendments.

Considerations of political imperative, therefore, are very much to the fore and we will accordingly not support these amendments. I hope I have dealt with the various issues that have been raised, but I see the noble Lord, Lord Tebbit, shaking his head. If there is a particular point he wishes me to address, or there is any issue that troubles him, I would be happy to do so.

[Lord Tebbit (Con)]

I am grateful to the noble and learned Lord. Will he just come to the point and meet the point that has been ably expressed by a number of noble and learned Lords? He is just waffling. Is he trying to talk it out until 11 pm?

[Lord Davidson of Glen Clova]

The suggestion that I am waffling is one that I do not find wholly offensive.

Scotland Bill

Lord Tebbit Excerpts

Tuesday 8th December 2015 Lords Chamber

[Lord Tebbit (Con)]

My Lords, I have tried to follow this. It is not unduly easy but it would help me greatly if my noble and learned friend, in his reply to the noble Lord, Lord Forsyth, could explain where it is set out in the legislation, as a declaratory statement, that nothing in it affects the sovereign power of this Parliament. If he is unable to find that bit, would it not be a good idea to do as my noble friend Lord Forsyth says and put it in?

[Lord Forsyth of Drumlean]

Perhaps I can help my noble and learned friend. Throughout this afternoon, he has argued that it is essential—for political reasons—to put in Clause 1 words that say the Scottish Parliament is permanent. He has argued that we should understand that no Parliament can bind another and that the sovereignty of the UK Parliament remains. All my amendment seeks to do is to add a few words to the clause which give the reassurance that he has been giving to the Committee. I am not a lawyer, but after Pepper v Hart and all that, what is said at the Dispatch Box does actually matter. For him to say that he could not add it to the clause because it would be redundant or that you can find, buried in the previous Scotland Act—