Lord True
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Lord Forsyth of Drumlean
I know what the noble Baroness is doing. We referred to the debate we had on the Cooper-Letwin Bill earlier this year, in which she gave an undertaking—now broken—that they would not take control of the business of this House and we would proceed as we always have by agreement between the usual channels. Not only has she done that today but she has added to it, bringing forward a guillotine procedure. That is an absolute outrage.
Lord True (Con)
Having also been involved at the time, I know that this certainly is the breaking of an undertaking. Many of us agreed to facilitate the passage of Cooper-Boles on the basis that this would not happen again in your Lordships’ House. There will be a lot of debating and a fundamental amendment will come forward from the Cross Benches about the very principle of the guillotine, which we can discuss. However, as I take it, the purpose of a Committee discussion—which perhaps could be confined to a short part of this—is that the person who is proposing unprecedented action in this House, the Leader of the Opposition, should be required to answer for that in the same way a Minister of the Crown is required to answer to the House. I put this to my noble friend as just one example, and I will have others later: did he hear the noble Baroness say that every Bill from the Commons should be dealt with? Does that mean immediately? How are we going to find out these things unless my noble friend’s Motion is passed and we have a proper Committee discussion and interrogation?
Lord Forsyth of Drumlean
My noble friend makes a really important point. We need to remember that we are dealing with private Members’ legislation because the procedures in the other place have been subverted and its Standing Orders undermined. The proposition here is that private business, which may or may not come to this House, should be dealt with using a guillotine procedure. These are revolutionary changes being proposed by the noble Baroness. As my noble friend says, she really ought to account to this place, if we are in Committee, for many of the issues which will arise.
I return to my point about the other place sending us vast quantities of legislation that has not been properly scrutinised and the establishment of a precedent that we can have a guillotine procedure in this House, which will be used by Governments of all parties. There were no guillotines, other than in exceptional circumstances and subject to exceptional rules, until Tony Blair became Prime Minister in 1997, and now everything in the other place is guillotined and not properly considered. All of us in this House know in our heart of hearts how damaging that has been to the good conduct of government and the provision of legislation.
Lord Newby
It was a word that the noble Lord happily appropriated. However, how does he describe the unprecedented Prorogation, the sole purpose of which is to curtail debate? How does he describe a senior Cabinet Minister going on the television, as happened at the weekend, and saying that the Government would decide, after the event, whether to follow a piece of legislation duly passed by Parliament? I think that that is an abomination and that what we are proposing is eminently reasonable.
If we pass this Motion, your Lordships’ House will have some 14 hours to discuss the Bill. That is over four times the amount of time being given to it in the Commons. It would give seven hours for the principle of the Bill to be debated. Is that unreasonable? Clearly not. By our normal standards, we are undoubtedly talking about a tight timetable, but in the circumstances it is an eminently reasonable timetable.
Of course, it has been suggested that this is the beginning of a slippery slope, but it is not unusual for your Lordships’ House to take an entire Bill through all its stages in one sitting day. That is the norm for Northern Ireland legislation. However, as the noble Lord, Lord Forsyth, helpfully points out, that is normally done by agreement between the parties. This Bill is undoubtedly urgent and, in the absence of agreement between the parties and as a self-regulating House, it is for your Lordships to decide whether the proposals before the House today are proportionate and necessary in their own right. I hope that we never find ourselves in such a position in the future, but the only future that we should have in our minds today is the future prosperity, security and influence of our country, and in order to protect those we need this Bill and we need this Motion.
Lord True
I rise to second and support the proposition put by my noble friend. The coercion, or the instinct to coerce, could never have been put with more charm, eloquence and mildness than it has just been put by the noble Lord, Lord Newby. He made everything sound so reasonable, so normal and so in line with what we always do—that nothing we have here has never happened before. But when I went to the Table Office and saw that Motion in black and white, the like of which has never been tabled in this House in its history—by a Government, still less an Opposition—I must confess that, to appropriate a phrase, it was a dagger in my heart. It was the same thing that the Lord Hart of Chilton, who we all esteemed—
Lord Patten of Barnes (Con)
I am jolly concerned about my noble friend’s heart. I wonder what his cardiologist would have said when he learned about the longest Prorogation since the 1930s, at a time when this Parliament is engaged in extraordinarily important discussions about the national interest? Is that not a rather larger dagger—a rather larger guillotine—than anything we are talking about today?
Lord True
I very strongly disagree with my noble friend, and I will discuss my heart when he discusses his soul on this matter. The question of Prorogation is not before us now. I will stick to the central point, which is the guillotine. Perhaps I should not have used the phrase used by the noble Lord, Lord Butler, about the dagger—but it was his phrase and that of Lord Hart of Chilton before that.
Setting that phrase aside, I suggest that very few noble Lords who were involved in the pre-cooking of this plot—because it is a plot—who were not shocked when they saw that Motion. Someone said that I should be ashamed of myself for putting the case that this House should never, never accept a guillotine.
I remember that, when I first came into the House, by chance the noble Baroness, Lady Symons, had a very memorable debate on the implications of coalitions. It was around the time that all this stuff was going on—the threat from David Cameron and what was said by the former Lord Chancellor. Her question was whether the House has to acquiesce—or acquiesce immediately—if a coalition brings something forward. Does it have the authority of the Salisbury doctrine? When the noble Baroness replies, it would be interesting to know whether she thinks that everything that comes from the Commons has the authority of the Salisbury doctrine.
In this case, we do not even have a formal coalition but an ad-hoc group of folk who have come together in the other place, cobbled together some sort of Bill, plan to send it up here and have got their minions here to put down something that will change the whole character of how your Lordships’ House does business. I will give way to the noble Lord.
Lord Greaves (LD)
Does the noble Lord agree that the question of the primacy of the House of Commons is nothing to do with the Salisbury doctrine; it is to do with the fact that it is elected and we are not?
Lord True
The Salisbury doctrine is very important for relations between the two Houses. It allows this House freedom to challenge and dissent on things that are not covered by the doctrine. If it is a manifesto measure or something that has been put before the people, this House must certainly defer, sometimes quickly.
Who put this proposition that we are told is coming up the Corridor to the people? Who actually published it? It was written by Sir Oliver Letwin and a few clever lawyers—perhaps some of them in this place—and put forward. What is the authority by which those people claim that this House should not only defer but defer to a guillotine to force it through? We will shortly come on to the amendment—
Baroness Hayman (CB)
I am grateful to the noble Lord. Is the authority not from the majority in the House of Commons last night?
Lord True
My Lords, if that argument had been put before this great House for 700 years—with the House told that every time a vote in the other place produced a majority it must be silent—this House would not have endured. This House has a right and a duty to respond. I believe that we should consider the matter of the guillotine separately. On this I agree with the noble Baroness opposite that the sensible thing is for an accommodation to be reached between the opposition party and the governing party, which must involve a lot of things, including acquiescing to this general election, about which we do not know whether they are keen. It is clear that the House of Commons is not functioning. In those circumstances, of course there would be no need for her guillotine and no need for our response—but that is certainly above my pay grade. That accommodation having not yet been reached is no excuse for her to come and present to the House something so exceptional, so draconian and so unprecedented, and then to complain when that gets an exceptional, unprecedented and possibly draconian response. If there is no guillotine Motion, I will shut up. But as long as this House is prevented—
Baroness Jones of Moulsecoomb
I thank the noble Lord. One way, of course, would be if Prorogation were delayed so that this House had plenty of time to discuss it. Will the noble Lord undertake to lobby the Prime Minister on that?
Lord True
I do not want to get into the issue of Prorogation, simply because of the time. But I spoke about Prorogation the last time we discussed these things. We all know that Prorogation is perfectly normal. There is always a Queen’s Speech. There has been one every year and the next Government will introduce a Queen’s Speech after the general election. In response to the noble Baroness, I will make the point that, if there were an election and a new Session, there would be more time to have such a Bill after that than there is in the next two days. There would be several days in which we could discuss it, not two days. It is not necessary to do it now. Indeed, after an election, if the party opposite won, we would not need a Bill because it would ask for an extension anyway—and if our side won, the Bill would not go forward. So the whole thing is entirely unnecessary, and this House is being asked to sign away hundreds of years of tradition on a pretext.
I support my noble friend. There are questions that the noble Baroness should answer. What does the Salisbury doctrine apply to? In her doctrine, we must defer to the Commons. Does self-regulation always mean a Motion from the Leader of the Opposition? Her guillotine says that if it passes, no one else may put any proposition to the House in the time that we are discussing this Bill, except the Leader of the Opposition. There are questions that need to be answered. I strongly support the view of my noble friend that we should take the Committee opportunity to get some answers from the Leader of the Opposition.
Lord Hayward (Con)
Will my noble friend include on the list of questions that he is putting to the Leader of the Opposition that of whether this Motion would be necessary if we did not have Prorogation?
Lord True
Moved by
Leave out from first “Commons” to the end and insert “that this House believes that any Bill that has been allowed only one day’s consideration in the House of Commons, should receive full and unfettered consideration in the House of Lords and in the interests of orderly Parliamentary scrutiny deplores any attempt to curtail consideration in both Houses.”
Lord True
My Lords, we have just seen 288 Members of your Lordships’ House vote to close discussion on one of the most fundamental principles to come before this House procedurally: whether we should have a guillotine in this House. Two hundred and eighty-eight Members voted not even to discuss the matter after the most impressive speech by the noble Baroness, Lady Deech. Whatever our opinions on any question, is this the way that this House wishes to proceed?
Lord Forsyth of Drumlean
Does my noble friend not think that for the Liberal Chief Whip to call a closure after only one speech had been made is one of the most disgraceful acts we have seen in this House?
Lord True
My Lords, I was coming to the Liberal Democrat Chief Whip. As the Liberal Democrats know, I am one of their greatest fans in the world, but my noble friend has of course made the point: the Liberal Democrat—democrat—Chief Whip, from a sedentary position, without even the courtesy to stand up to address the House—
Lord True
Our proceedings are filmed. He moved the closure on a fundamental question of procedure in this House without any opportunity for anybody to respond when it was clear that other noble Lords, including one noble Lord with extensive experience of presiding over the House of Commons, wished to contribute. I will not talk about repentance, because I saw four or five right reverend Prelates move in to support the principle of a guillotine—they clearly do not like dissent in their pews; they are not quite in the Anglican tradition—but I believe we might see some repentance from the Liberal Democrat Chief Whip and that he will not on this amendment, which allows the House—
Lord Marlesford (Con)
My noble friend referred to the Lords Spiritual. That is quite interesting, because I noted this morning that the learned judge in Scotland in dismissing the case said that this question was not one for the judiciary, but a matter of high politics. I am a little surprised that the Lords Spiritual want to engage so actively in high politics.
Lord True
My Lords, I thank my noble friend for his intervention. However, returning to the fundamental point, are we really going to allow the acceptance of the principle of a guillotine to go forward without any dissenting voice being allowed? What the Liberal Democrat—democrat—Chief Whip offered the House was a guillotine of a guillotine. We started off today with the noble Baroness, Lady Smith, saying that there will be no developments, no further guillotines and that nothing will happen. We have moved from the presentation of the most draconian guillotine Motion ever seen in this House to a Cross-Bencher who wished to put some points about the principle of the matter being closed down from a sedentary position by the Liberal Democrat Chief Whip—a guillotine of a guillotine. In the long proceedings I anticipate on this there may well be many occasions when it might be apt to intervene. I do not like to see the closure used, but it might be understandable. For my part as a parliamentarian—
Lord Harris of Haringey (Lab)
My Lords, the noble Lord has been speaking for four minutes and 39 seconds and is yet to address in any aspect the substance of the amendment he is moving. Is that not surely an abuse of the processes of this House?
Lord True
My Lords, what is an abuse of the processes of the House is for the noble Lord to come here and fail to read the amendment before the House. If he reads it, he will see that it is exactly to the point of the propriety of the guillotine and every point I have made has been germane. Perhaps he was asleep.
Lord Harris of Haringey
I appreciate that the noble Lord is hankering after the halcyon days he had in local government, but he is simply abusing the Liberal Democrats. I am very happy to abuse them on appropriate occasions, but we might try to carry out a debate focusing on the direct issues rather than streams of verbiage that do not get to the point.
Lord True
I repeat: perhaps the noble Lord would like to read the amendment before he keeps standing up and saying that what I have said is not germane. I might also say that, much as I have been tempted, I said in my speech that I am not attacking the Liberal Democrats. I am attacking the Liberal Democrat Chief Whip, one of the leading figures in this House, who behaved with such discourtesy to a senior Cross-Bench Peer and to other Peers who wished to speak. If the noble Lord, Lord Harris, wants to make general attacks on Liberal Democrats, there will be other times for that and I might well join in.
Perhaps those on the other side do not share the view that this House, after the disaster of 1911, became a great revising Chamber and a great debating Chamber because of its freedoms—freedoms that went with and must always go with responsibility. But if we are to become a House where, when some people do not want to hear the opinions of other people they shout, “Closure, we’ll hear no more”, what kind of House will we become? It would be a great and sad occasion, obviously, but it would be a farce to call that anything like a free Parliament. This is the kind of thing that happens in some Parliaments that none of us would ever wish to belong to in countries that some of us would never wish to live in: when somebody comes to stand up and make a point on a debate of fundamental importance, someone shouts that they cannot be heard. This is not the way we should go in this Parliament.
Lord Forsyth of Drumlean
Why does my noble friend think that, when a closure is moved, our procedures require the Chair to remind people that this should be an exceptional procedure and invite the person concerned to revise their view? Why does he think that procedure is there, and what does he think about what has happened so far today?
Lord True
I do not want to be disobliging to my noble friend, whom I admire very much, but I say again what I said to the noble Lord opposite. I have been trying to make that point, and I am grateful to him for reinforcing it. It is the fundamental issue which I believe noble Lords should be allowed to wrestle with. Do we want to be the sort of House that we have just been, where we have voted by that large number—288 Peers—to close down, at the behest of a Peer, without any debate? I would like to have heard other Members from the Cross Benches responding to and commenting, from the viewpoint of their experience, on the noble Baroness’s speech. As I said at the start, I would like to have heard my noble friends Lord Naseby and Lord Cormack, who wished to speak.
I have tried to explain to the noble Lord opposite that my amendment addresses the same issue. Sometimes in life you get a second chance. This amendment offers the House a second chance to address and hear a little about why this great principle of freedom of debate should be cast aside, but on a more limited scale. I do not ask, as the noble Baroness, Lady Deech, did in her powerful speech, that the House should reject the principle of a guillotine. I put before your Lordships a proposition relating to any Bill that has been allowed only one day’s consideration in the House of Commons —we have not got this Bill yet, so it may be this Bill, but it could be any Bill—and we are discussing the principle here. This is an issue of principle about the guillotine. Surely any Bill that has been allowed only one day’s consideration in the House of Commons should receive full and unfettered consideration in your Lordship’s House.
I come back to the central point: what is this Chamber for if not to revise, consider, scrutinise and debate? I submit that there should not be curtailment of consideration on a Bill which is not an emergency Bill. There should not be a guillotine imposed in both Houses on legislation of this sort.
Baroness Browning (Con)
I am grateful to my noble friend for giving way. When I was shadow Leader in another place during the William Hague administration, the Blair Government introduced guillotining at all stages for Bills going through the House of Commons, something that the Conservative Party robustly opposed at the time. Unfortunately, the Blair Government had their way, and that is what happens now. Having come to your Lordships’ House from another place nine years ago, I am only too familiar with the fact that, at all stages of a Bill coming from another place, the guillotine will fall and at all stages large sections of those Bills never get debated. It is incumbent upon this House to look line by line at everything that has not had the benefit of Members of the House of Commons looking at it. If we give up that duty—and it is a duty—through this measure being introduced to the House today, then I say to my noble friend that what he is proposing is very serious in its consequences for any Bill. We might all be worried about what is coming in the next couple of days, whether you support it or not, but as he rightly says, this is a principle, and we shall rue this as far as the future of this House and its role is concerned.
Lord True
I am very grateful to my noble friend, particularly with her great experience in the other place. I never had the privilege of serving there, but I remember that in 1975, when I was a young researcher, the late, great Michael Foot—a remarkable parliamentarian, though not necessarily always the greatest Minister—introduced five guillotine Motions on the Floor of the House of Commons in one day. That was considered such a sensational and shocking thing to do that it was on the front pages of the newspapers, and people cried “Liberty”. And here we are, in my lifetime, as my noble friend just pointed out, we now see the House of Commons treated as the lapdog when it comes to whoever is in control, whether it is the Government—
Lord Reid of Cardowan (Lab)
My Lords, I have listened with great intent and attention to the passion of the noble Lord’s principles regarding curtailment of discussion. Is he intending to say a word about the fundamental and ultimate guillotine, which is the closure of Parliament through proroguing, which is the very reason that we have been forced into our current circumstances?
Lord True
The noble Lord has been a member of many Governments, and year after year has attended ceremonies of Prorogation with the sovereign there. He knows full well that it is a perfectly normal part of the parliamentary year. What is abnormal is that we have had years without a Prorogation and without a Queen’s Speech. The noble Lord knows this far too well to try and pull that one.
Let me return to the point. The Liberal Democrat Chief Whip is not in his place, so I need not repeat what I have said about him, but since he is not here, I say to noble Lords who have the power over this House—the power of the closure Motion, the power to silence an individual Member in this House at will, without even standing up—please may we be allowed to hear from other noble Lords on the question of the propriety of a guillotine in this House, in general terms? Will they graciously vouchsafe, from their lofty places, permission for another Peer to address the points that I have made, and which the noble Baroness made on the previous amendment?
Lord Framlingham (Con)
Can I suggest to my noble friend that part of the reason for what is happening is that all the Liberal Democrats, and a large number of the Labour Party, simply do not want to leave Europe at all, and that all this is just shenanigans and make-believe? They are not interested in debate. Why should they be remotely interested in any debate about how we leave or what is going on? They simply do not want to leave. I am not referring to anybody here personally, but this will prove to be the biggest political lie in history. Everybody is talking about how we leave, and what they should really be saying is that they do not want to leave at all.
Lord True
My Lords, my noble friend may be right, but I do not wish to follow on that point, because I believe that the principle applies to all legislation. In brief response, I pointed out in my earlier speech that it would be perfectly possible to pass in late October the Bill that we are allegedly getting; in fact, there would be more days, so in a sense an entirely false prospectus is being presented to us.
My fundamental point is a question of power. Is not Parliament really about discussing, shackling, scrutinising and considering power? The question of power is this: today, now, as has just been demonstrated on the previous amendment, they—the Labour Party and the Liberal Democrats—have the power to shut your Lordships up. They have the power to say, “We don’t want to hear from anybody in this House who doesn’t think that a guillotine is a good idea. We’re having this guillotine. Shut up”. That in demotic language is what the closure Motion means. Those who have power, as they do today, should exercise it with wisdom and restraint.
When I conclude my remarks, I hope that even on the more limited proposition that I put before the House that a guillotine should not be applied to legislation in both Houses, at least one Peer may be allowed to say something. When I look around this House, I see noble Lords who sat in Cabinets, great judges, the right reverend Prelates, people of immense experience, former heads of the Cabinet and the Civil Service. “Shut up. We do not want to hear from you. The Liberal Democrat Chief Whip does not want to hear from you. The Labour Party does not want to hear from you. We have our guillotine”.
Baroness Jones of Moulsecoomb
Oh, not at all. I am so sorry; you are completely wrong on that. I thank the noble Lord for sitting down; I wish it were for longer. As I have said previously here, I voted leave; I did not vote for no deal. What I am trying to do here today is stop no deal. The person who had the power is the Prime Minister, who decided to prorogue Parliament, to close it down and to shut it up. It is not this side of the Chamber that is stopping debate; it is that side, and you have to take responsibility for that.
Lord True
That of course is entirely false, my Lords. The Prime Minister of Great Britain, whoever it is, has no power to enter this Chamber. He may come and stand at the Bar of this House and listen to its proceedings or sit on the steps of the Throne, but he has no power here. It is in your Lordships’ gift to decide whether to submit to the principle of the guillotine, and the guillotine of the guillotine, which has been put forward by the Liberal Democrat Chief Whip. “Shut up”. Is that what we are going to accept in future in this Chamber? I beg to move.
The Deputy Speaker (Baroness Garden of Frognal) (LD)
My Lords, I should inform the House that if the amendment is agreed to, I cannot call any other amendments by reason of pre-emption.
Lord Goldsmith
I have made it very clear that this is way above my pay grade, but I understand that what has been said is not that we are against a general election but that we are against a general election before the Bill has passed and we have clarified the position in relation to the possibility of crashing out without a deal. I am not going to say anything more, because some of this may be taken as an official statement from the Labour Party, which it is certainly not.
Lord True
I will not ask the noble and learned Lord to go further, but the fundamental point is that we cannot do the whole thing in this House. I endorse fully what has been said by others. We should have an arrangement and understanding between the three parties. It has also to involve the Front Benches in the other Chamber. If that can be achieved, that would be a good way to proceed.
Lord True
It might help the House if I responded for 30 seconds to the amendment to withdraw the amendment, because I think that the spirit of the House is right on this. I shall not press the amendment because I do not want this great House to record a second vote in favour of a guillotine. That would be very sad, particularly against my Motion, which asked for the guillotine not to be applied in a case where a Bill has been guillotined in the other House.
In the heat of these debates—I acknowledge that I perhaps believe a bit too much in the sense of liberty of this House—it would be a great pity if we put on the record of the House that we had rejected Motions that I proposed and, by implication, supported guillotining a Measure in both Houses. I therefore intend to ask the leave of the House to withdraw the amendment, but I hope that there might be a little pause, as some have asked, and some consideration, because the reality is that there has to be a total deal, it involves the other place, the leader of the Opposition and the Prime Minister, and we cannot deliver that in this Chamber. In some way or another, because someone has to give something up—in a good deal, people on both sides give something up—this side of the House has to keep an insurance policy against the imposition of the guillotine if there is no deal.
Lord Newby
In an attempt to simplify matters, I support the idea of a simple, straightforward, short break, not to insert any other business, because that would be confusing, but to accept that any agreement reached among the usual channels in your Lordships’ House at 7 o’clock might be conditional on various things happening in the Commons in the next few hours. In that way, we would know what to do in various circumstances. I am loath to see a long pause, because if for some reason the good will, which I am pleased to see breaking out, did not lead to an agreement, we would be back to where we were, and the sooner we got back to where we were, the better.
As it is now 18.48, I should have thought that if we had half or three quarters of an hour, that should be perfectly long enough to—
Lord Marlesford
After first “Commons” to insert “, and in recognition of the fact that the vote of 17.4 million people in the 2016 referendum to leave the European Union is no longer relevant and may be ignored or further deferred”.
Lord Marlesford
My Lords, my noble friend Lord True asked me to speak to this amendment; it is an interesting amendment to speak to. The amendment relates particularly to the 17.4 million people who voted for Brexit and the effect of this guillotine on them. I point out that fact because, in the past, noble Lords have not always read the amendment. As the amendment says, it comes,
“in recognition of the fact that the vote of 17.4 million people in the 2016 referendum to leave the European Union is no longer relevant and may be ignored or further deferred”.
That is a very depressing situation for those people. They are not following the intricacies of what is happening in your Lordships’ House today. They will be as mystified as some of us are. None the less, all I can say is that a dangerous impression is being given by today’s proceedings and, to some extent, by yesterday’s proceedings in another place: that the view of the people is being ignored through Parliament’s hijacking of what they said. I suggest that that will have an interesting ripple effect if and when an election takes place, not least because the terms of an election have changed—in recent hours, almost.
Not long ago, the movement was for a fresh referendum. At that stage, the discussion was all about what the question in the referendum should be. In fact, the Brexit side worried considerably about whether the question would divide the Brexit vote. This morning, of course, Sir Keir Starmer, on behalf of the Labour Party, gave a clear, unequivocal and, I hope, binding view that, in a general election, the Labour Party would campaign to remain. By doing so, he has succeeded in dividing the remain vote because, in that situation, the remain vote will be divided between the Liberal Democrats, who have always believed in remain, and the Labour Party, which has not always believed in remain. In fact, it has been very difficult to know what it does believe in. Perhaps we ought to look at the backdrop to all this. Why on earth are we in this position at all? I had better declare my own position very clearly, in case it is of interest to anyone: in the referendum I voted, marginally, to leave. If there were to be another vote or referendum, I would vote enthusiastically to leave because of what I believe has been happening in Europe. I would like to remind noble Lords of the backdrop to all our discussions.
In my view, the EU project is proving a tragic example of weakness through strength. The original purpose of bringing peace to a war-torn Europe in the treaty of Rome 1957 was achieved long ago. The successor objective of bringing together for free trade and economic collaboration an enthusiastic group of like-minded democratic European countries to enhance their mutual stability and prosperity was a success for many years. As President de Gaulle famously described it in 1962, the year in which the common agricultural policy was launched, it was meant to be a group of nation states retaining their cultures and their legal, political and national identities and traditions: a “Europe des patries” or “Europe des nations”—I think he used both phrases.
Lord Marlesford
I am afraid I do not agree at all. If the noble and learned Lord is proposing to move the closure of my speech, let him go ahead and do so. I wish to make my own speech, and I do not wish to be told by him what or what not to say. Is that clear? I thank him very much.
At any rate, it was not until Maastricht that we attempted to have in Europe a policy similar to the rights of states; it was spelled out in many pages of Brussels jargon that the EU should not assume powers better exercised at national level. By then it was too late, but since then the Eurocrats have had many happy hours finding exceptions to limit the impact of subsidiarity. The introduction of a single currency without central economic government was always a challenge. The European Central Bank, established in June 1998, has done a fine job, with distinguished and successful presidents who have resisted the pressure to accommodate political priorities of individual euro states. The introduction of European monetary union, with fixed exchange rates in January 1999, paved the way for a smooth final arrival, three years later, of a single currency—the euro—for 300 million people. Since then, the ECB has successfully coped with the difficulties.
The problem of the EU—the problem that has caused all this to happen, from 2016 up to and including today—is that the EU Commission, based in Brussels, has one nationally appointed Commissioner for every country, and every Commissioner is expected to subordinate their national interest to the collective good. The Commission has the sole right to propose new European legislation. It has sought to aggregate to itself more and more power. In theory, the Commission is answerable to the European Council of Ministers representing the national Governments at the head or departmental level. In practice, everything is sorted out behind the scenes by Commission officials in consultation. Many states have been unhappy for a very long time at the way in which the Commission has been behaving. I believe that is the main reason why there has been such an enfeebling of the European Union.
Lord True
I declare an interest as a part-time resident of Italy, as my noble friend knows and the House will know. Does he agree that the points he is making are exemplified by what we have seen lately in Italy, where unelected Commissioners descend and lecture elected Governments about what budget they might be allowed to present? Even more recently, an effective parliamentary coup—something we may get used to this country shortly—has taken place to install an unelected Government.
Lord Marlesford
Yes, indeed. Of course, all that is what caused David Cameron to call a referendum in the first place. One must realise that when we voted to leave the EU, the Commission was outraged. It was also fearful. Once one country had taken such a step, others might follow and the whole edifice could come crashing down. Methodically and skilfully, it set about making the UK’s departure either impossible or too difficult and expensive to pursue. In this it had the collaboration of senior British civil servants, who had been equally shocked by the referendum result. The Commission has repeatedly made it clear that there are no circumstances in which the withdrawal agreement offered to Mrs May in November 2018 and subsequently, as we all know, rejected three times by the House of Commons—by the British Parliament—will be reopened for further negotiation.
The main sticking point has been the land border between Northern Ireland and the Irish Republic. The EU Commission has insisted on a so-called backstop clause in the withdrawal agreement, which—this has been said and cannot be said too often—could mean that the UK would have to remain indefinitely in the EU customs union to avoid a hard border. Absurdly, it is felt by both sides that a hard border of any sort could cause the fighting between the two sides to start again. I simply do not believe that is true. The traumatic effect of the fighting was far too great. The Good Friday agreement, which took place with the help of the Americans, is much safer than people think.
The obvious example is an invisible sea border. It is interesting that only today—this is all happening now and is relevant to the legislation—it is suggested that it might be possible to have one island for the purpose of agricultural trade. If we were to have one island for agricultural trade, in my view, and presumably in the view of those who put forward this idea, this does not break the concept or idea of having a Northern Ireland which is part of the UK. I therefore hope very much that this could be extended to all sides. That would be very much better.
Mrs May, who was respected for her fortitude but not admired for her lack of flexibility in negotiating, has landed us in a state where we have to discuss this emergency legislation today. The Conservatives suffered a crushing defeat in the May elections for the European Parliament—the Labour Party even more so. That is why we have had a change of Prime Minister. The Labour Party is in even greater difficulties, largely because its leader, Mr Corbyn—this is totally relevant to the legislation that the House of Commons is in the process of passing—has been unable to make it clear whether he believes in staying or leaving.
I happen to know why that is the case. I read the Morning Star rather regularly. On 18 January this year, an article headed “Communists slam plots to halt Brexit” quoted the Communist Party’s political committee. The general secretary of the Communist Party, Mr Robert Griffiths—in case noble Lords did not know his name—said,
“We may well see Article 50 extended, allowing extra time either to renovate Prime Minister May’s ‘bogus Brexit’ deal or to hold a second referendum in the hope that almost three years of hysterical anti-Brexit scaremongering will reverse the results of the first … In any event, the aim will be the same: to maintain Britain’s subjection to pro-big business EU rules that would obstruct the policies of a future left-led Labour Government”.
Below, there is a lovely advertisement, “Corbyn and the Star”, offering a T-shirt which bears,
“the two great left symbols of our era—Jeremy Corbyn and the Morning Star”.
Lord Goldsmith
My Lords, the issue before the House is whether or not to agree the amendment moved by the noble Lord, Lord Marlesford. I suggest first that the noble Lord withdraws it, but I suspect that that is not going to happen, and, secondly, that the House does not accept the amendment. The reasons are those that have been given already. It does not add to the point about the programme Motion, which says that the Bill, if it reaches us, should be dealt with in accordance with a procedure which would give two clear days for it to be dealt with. I respectfully suggest, as was the point of my intervention on the noble Lord, Lord Marlesford, that it is not helped by adding this statement, whether ironic or political. The real question ultimately is whether or not the programme Motion should be agreed. On that basis, I invite the noble Lord to withdraw the amendment. If not, we will oppose it.
Lord Dobbs
Yes, of course, but I am sure that my noble friend—he is a dear friend—is not suggesting that the promise that was given to those 17.4 million people, indeed to the entire country, has actually been fulfilled. We know what the object of so much of this is: it is not actually to decide which way we are going to get out of the EU. Out there and in this Chamber, there are people who are not worried about no deal; they want no exit. That is absolutely clear.
Lord Dobbs
I entirely agree with my noble friend. It is one of those ironies that the Lib Deems started this with those leaflets with Mr Clegg’s face on promising a real choice, a real referendum. Mr Clegg and the late leader of the Liberal Democrats at the time said that it was an instruction from the people, not a bit of advice, perhaps something that we would think about, but an instruction from the people. It is one of the great ironies of this fiasco that we are going through right now that the Lib Dems have now come full circle. Having promised us that there would be a referendum and having campaigned for that, now their leader says that even if there were a second referendum to endorse the first—and, of course, a second referendum would endorse the result of the first referendum—they would not even then in those circumstances put forward Brexit and pursue that policy. They wear a coat of many colours, but it has got a little ragged at the hem and they are in real danger of falling flat on their faces.
We talk about the role of this House and of the House of Commons and the Queen, but there are four pillars of government in this country: the Queen, the House of Commons, the House of Lords and the people. We talk about parliamentary sovereignty, but in my book it is the people who are sovereign when they have been given such an explicit promise as they were given three years ago and they have consistently said that they want that promise honoured. That is why this amendment is one of the most honest amendments on the very long list this evening.
Lord True
What the noble Baroness has said is important, but unfortunately there is something in it which I cannot accept—the idea that there is something normal about the procedure. I must ask the noble Baroness to accept at least this: it is not normal to slap down a massive guillotine Motion without notice; it is not normal to expect this House to deal forthwith with whatever legislation comes from the House of Commons, and it is not normal to apply those principles to any Bill that is not covered by the Salisbury doctrine. I cannot accept those contentions, but that does not mean that I resile from my position when I withdrew my amendment. The noble Baroness should be under no illusion that, if the Front Benches are not able to come to an arrangement, those of us who find a guillotine utterly repugnant will not feel free to continue. I hope that I do not have to be in that position personally—I cannot speak for others—but I cannot accept that this procedure is normal.
Baroness Smith of Basildon
I thank the noble Lord for those comments. There is very little that is normal at the moment. I do not want to put a guillotine Motion before this House; I was trying to help the House. It is not normal to have so many amendments; it is not normal to have such a Prorogation. We are trying to make the best of a difficult situation and see our way through it.
Lord Warner (CB)
I say respectfully to the noble Baroness that the speech she has made is one that should be made on the Bill itself when it comes here. We can all have a good go at what people’s views are on leaving the EU, but today we are supposed to be debating a process Motion about how we deal with that piece of legislation, not its merits, demerits and history. I would be grateful if the noble Baroness would bring her conclusions to a rapid end so that we can take a decision on it.
Lord True
If I could help my noble friend against a most absurd attack, if I may say so, we have just had a great disquisition from the Front Bench opposite—from the Leader of the Opposition, no less. The whole thing we have been trying to say is that it is about procedure in this House—I have, anyway—but she has said it is all about Brexit, all about the people on this side wanting to stop Brexit, et cetera. It is perfectly reasonable for my noble friend to follow the course charted by the noble Baroness, Lady Smith of Basildon.
Baroness Noakes
My Lords, I am not part of the Government; like my noble friend, I am a mere Back-Bencher. This is not a government Motion at all. Unless and until there is an agreement between the Front Benches, the existing rules will apply. The noble Baroness, Lady Smith, is trying to overrule the normal rules with her Motion, which is why we oppose it. We do not oppose the Bill; we oppose the Motion and, therefore, the way in which the procedures of our House are being subverted—not just in this instance, although we know that the motive for moving such a Motion is to achieve this particular Bill, but because it could do this House long-term harm. That is what I care about and what I know many of my colleagues care about.
Lord True
This is not a government-inspired matter. I am not grand enough to aspire to writing my memoirs but if I were ever to do so, history would show that the Government had very little to do with these proceedings, which result from the genuine anger on all sides of the House at the device being put forward. We hear all this stuff about how we must rush through this and that but is it not the case that this Parliament voted, and it is the law of the land, that we should leave the European Union and do so on 31 October? This has been debated ad nauseam. We are seeing a desperate attempt by a bunch of remainer ditchers to reverse not only the verdict of the people but the prior verdict of this Parliament. Is that not the real disgrace in these circumstances?
Lord Warner
Let me say something to the noble Lord and to some of the other noble Lords who have spoken in defence of the noble Baroness moving this Motion. The noble Lord, Lord Forsyth, gave the game away. He is now trying to pose as a defender of the people, as we heard from the remarks he just made. The truth of the matter is that, whether we like it or not, the House of Commons has passed a piece of legislation that its Members, as the elected Members of this Parliament, think is in the best interests of their constituents. It is our job to get on and look at that piece of legislation, rather than spending nearly a whole day discussing in a rather nitwitty way the set of processes by which we do so.
Baroness Noakes
We must remember that we are debating how the Bill is being handled, not the fact that it has been approved by a majority in the other place. Of course, when Bills come here with a majority from the other place, we do what we normally do: receive and scrutinise them. The purpose of the Motion before us is to limit the way in which we normally receive and scrutinise Bills from the other place, so we should be careful to ensure that we are comfortable with that. In particular, the Motion in the name of the noble Baroness, Lady Smith of Basildon, would introduce a guillotine Motion, which was discussed during the debate on an earlier Motion.
Lord Framlingham
After first “Commons” to insert “, and in recognition of the fact that promises made in election manifestoes in 2017 to ensure the United Kingdom’s departure from the European Union are not binding”.
Lord Framlingham
My Lords, I will speak to this amendment on behalf of my noble friend Lord True. It is to do with how binding or otherwise manifestos are. Before I begin, I will respond to the noble Lord who asked whether we were—or someone was—suggesting that ex-Cabinet Ministers could be trying to harm the Government’s programme. I respectfully remind your Lordships that the Member of Parliament who was the Chancellor of the Exchequer just a few weeks ago is now the principal saboteur of the Government’s programme. I think that speaks for itself.
Lord True
In my judgment, my noble friend’s point is entirely correct. As he noticed, and as I have pointed out to the House before, in both Houses, in Division after Division on measure after measure to advance Brexit, the Labour Party has consistently delivered more than 200 votes in the Division Lobbies to frustrate the Brexit process. Does he not believe that the Labour Party has dishonoured its manifesto and that the British people need to know that, without the Labour Party’s obstruction, Brexit would have been delivered?
Lord Framlingham
I think the British people are now totally confused and utterly fed up with politicians and Parliament, and they simply want Brexit done, in the way the Prime Minister proposes. We should get on with it.
This guillotine Motion is outrageous, but it is only another blow, in a long line of such actions, to the workings and stature of the House. The opposition parties will use any device, existing or created by them, to frustrate normal government. Their treatment of the Northern Ireland Bill is a very sad case in point.
Lord True
My Lords, I am encouraged by every cry of “Oh no”, so please continue. In speaking to this amendment, I should explain that for convenience, to get these amendments down quickly, I agreed to have my name put to all the manuscript amendments that were tabled, which is why other colleagues, whose amendments they really are, have been speaking to them.
I agreed to raise this point. I do not wish to dwell on it because I am conscious of the sub judice rules and conventions in the House, as well as the extent to which we are able, or unable, to discuss pending cases because of the implications; if one looks at the relevant section of the Companion, one has to be extremely careful in talking about civil cases that have been committed for hearing.
We heard a lot today about so-called improper Prorogation, and so on and so forth. Improper Prorogation has been one of the main pretexts used by those who wish to import this extraordinary guillotine procedure into the House. In fact, it has been the main intervention I have had in my speeches: “What about this Prorogation?”. Well, what about it? As I understand it, the matter is being tested in the English courts. I think my noble friend Lady Noakes will talk about the situation in Scotland, where I believe there has been a resolution.
Lord Strathclyde
The noble Lord is not going to move the closure; he has given up. That would be a marvellous thing, would it not? It would be interesting to know whether my noble friend envisages, under his amendment, that a vexatious litigant could indefinitely stop a Bill by raising legal issues in different courts—for instance, in the English courts and/or the Scottish courts at the same time. Would that make it impossible for any kind of legislation to ever get through? I just wondered if he has thought through the implications, or perhaps he expects the Front Bench to have an answer to that question.
Lord True
Here is a reversal of roles. I spent about 13 years—I hesitate to say it—drafting the odd amendment for the noble Lord, Lord Strathclyde. Here is the noble Lord, Lord Strathclyde, suggesting there might be a flaw. I was really seeking a prop to inquire how the Opposition see all these legal actions—I believe some of them are not too far away—impacting on these proceedings and whether they think it is prudent to put the House of Lords through all this before awaiting an outcome of what is before the courts.
Lord Forsyth of Drumlean
I am uniquely disadvantaged as well, because I am not a lawyer, but I always understood that the courts did not get involved in proceedings in Parliament. That would seem to be what has happened in Scotland today: the matter before them was considered to be not judiciable.
We ought to pay tribute to Gina Miller. Had it not been for her, we would not have been forced to ensure that Parliament passed the requirement for us to leave the European Union by a huge majority.
Lord Warner
Will the noble Lord clarify this point? I recall in what he said about people who tried to use the courts to stop the progress towards Brexit that his former boss for whom he used to write speeches, somebody called John Major, seemed to be one of the people who was involved in that activity.
Lord True
I made my comments on Sir John Major’s action in a speech in this House a month or two ago and I do not need to repeat them. I am trying to avoid referring to these proceedings, perhaps unwisely. If the noble Lord, Lord Warner, wishes to google “Major” in my speeches, he will find my opinion of some of the actions we have seen lately.
I do not want to prolong this speech. I am just interested to know how the Opposition, which is leading and pressing on this, sees this range of legal actions fitting in to what it plans and proposes. They are purporting to run the business of our House. Have they given any consideration to what may be happening in the law courts? As I have said, that is where the power is. We do not have the power. In a spirit of inquiry, perhaps the noble and learned Lord, Lord Goldsmith, will tell us whether he has given any consideration to any litigation. He has certainly referred to the Scottish matter in putting forward this draconian guillotine.
Lord Goldsmith
As the noble Lord invites me to speak, I have a question for him. I notice that there are three amendments—one relating to the English courts, one relating to the Scottish courts and one relating to the Northern Irish court—all in his name. All are otherwise identical with the same principle—do we consider the Bill before that litigation has concluded? Does he intend that those should all be dealt with separately, one after the other, taking the time that that undoubtedly will? If that is what he intends, does he not agree that is a clear case of wasting the House’s time and delaying getting on to the legislative business?
Lord True
That is an extraordinary intervention from the noble and learned Lord. I try to avoid lawyers as much as possible. As human beings, I regard them as friends, but as professionals I try to avoid them. I thought that the English court system, the Scottish court system and the system in Northern Ireland were separate systems and they went on separate tracks. There is a separate political establishment in Scotland as well. The litigation in Scotland has been concluded whereas in England, as I understand it, it has not been started. I am amazed that a lawyer of the experience of the noble and learned Lord, Lord Goldsmith, can come to this House and suggest that three jurisdictions and three separate tracks should be wrapped into one. It is perfectly legitimate to inquire of him and the Opposition whether he has any regard for the other jurisdictions. Perhaps he is not interested in the results in Scotland because the case has not come out in the way that he wanted. Perhaps he does not want my noble friend Lady Noakes to talk about it. I do not accept his criticisms.
I do not know whether the noble and learned Lord was in his place earlier when we were trying to come to a point when we did not need to do this. The only reason we are here is because an exceptional, unprecedented, draconian, repugnant guillotine Motion was put down. Those opposite have the power. The only power that the minority have in Parliament is the power to resist; we still have that freedom. The right of Members to put down amendments is precious in this House and should not be criticised. The impatience of power which one hears from the noble and learned Lord, Lord Goldsmith, is unattractive, however charmingly he puts it, as he always does.
For my part, I am totally unrepentant, but I cannot speak for others. I hope there will be an agreement and do not believe that this is the way to do business in the House. In any conflict, everyone says, “They started it”, but in this case, they did start it. Any extreme action provokes a counterreaction, and the counterreaction here is to defend the liberties of this House. The moment that the noble and learned Lord, Lord Goldsmith, stands up to withdraw the guillotine Motion, I will scrub every amendment in my name. I cannot speak for others, although I see my noble friend Lord Forsyth nodding, because it is entirely down to them. Until then, we will advocate and speak for those freedoms. Perhaps we could be enlightened on how the Opposition, who are leading this, view the interrelation between the court cases and what they are doing on this Bill. I beg to move.
Lord Henley (Con)
The noble and learned Lord says that the same amendment has been put down three times. As my noble friend pointed out, the amendments deal with three completely separate jurisdictions. If the noble and learned Lord opposite is not prepared to answer the various questions put by my noble friend, obviously he will have to come back to this again and again, as he has the opportunity to do when we come to the later amendments. It might actually speed up the process if the noble and learned Lord took the trouble to answer some of the points that my noble friend has made. In that case, when my noble friend gets to those later amendments, whenever that may be, he might not feel it necessary to intervene on them. It would assist the House if the noble and learned Lord gave us the views of the Opposition Front Bench on this amendment.
Lord True
My Lords, I had sat down. I had hoped for a response from the noble and learned Lord, Lord Goldsmith. There was an attempt to move a totally unnecessary closure. In view of the failure to respond and the attempt to move a closure, which I am very grateful to the noble Lord for withdrawing, I wish to test the opinion of the House.
Baroness Noakes
After first “Commons” to insert “, and only once current legal proceedings relating to prorogations in the Scottish courts have been concluded”.
Baroness Noakes
My Lords, Amendment 2E in the name of my noble friend Lord True was going to be moved by my noble friend Lord Forsyth. However, as our business has not progressed as quickly as we expected, he is on his way to catch the sleeper train to Scotland. I can tell that the House is disappointed that he is not taking part in dealing with this amendment.
I am pursuing what my noble friend Lord True started with the previous amendment: trying to find out how those who have tabled this Motion see the interaction between it and the proceedings taking place in the various courts mentioned. My noble friend Lord True dealt with the English court action. Amendment 2E deals with the proceedings relating to Prorogation in the Scottish courts.
The temporary interdict, as I think it is called in Scotland—those of us who learned our law elsewhere call it an injunction—was not granted. We had Lord Doherty’s judgment today. He said:
“This is political territory and decision making which cannot be measured against legal standards”.
He also said that accountability should rest with,
“parliament, and ultimately the electorate”.
From the point of view of those initial proceedings—this was in response to those taken by a number of MPs and noble Lords—that seems to be settled. However, as I understand it, there is a possibility of that decision being appealed.
Putting it more directly to the noble and learned Lord, Lord Goldsmith—who I believe is answering on the Front Bench at the moment—since the original action has now been settled against those seeking an interdict, if the decision is appealed and it is determined that Prorogation should not take place, does that affect how the Motion is put together? Given that many noble Lords said earlier today that they believed they were forced into this action because of the nature of Prorogation, it seems to me that the need for this Motion falls away if Prorogation falls away.
These amendments have been drafted to establish the interconnection between the Motion and whether Prorogation is allowed to remain in place or is defeated by the various legal actions. I am trying to find out Her Majesty’s Opposition’s position on this from the noble and learned Lord, Lord Goldsmith. I beg to move.
Baroness Noakes
After first “Commons” to insert “, and only once current legal proceedings relating to prorogations in the Northern Irish courts have been concluded”.
Lord True
My Lords, I am further encouraged by the increasing numbers of “No” on the other side. I remind the House, and everybody who takes any interest in this debate, that the power lies on that side—there with the Liberals and the Labour Party, which have seized control in the House of Commons.
Lord Harris of Haringey
This is about the 15th time that the noble Lord has made this point. Could he remind the House that the decisions being taken are being made by the whole House on a vote? It is not something which is just the product of the Labour Party or the Liberal Democrats. It is a decision of the House, and that is how it should be.
Lord True
The noble Lord can put his interpretation on it as he wishes; the Division lists will demonstrate who is closer to the truth. There will be a balance of opinion on the Cross Benches. I find it entirely extraordinary that the Labour Party and the Liberal Democrats, having forced through legislation in the House of Commons for perfectly good reasons of their own, now wish, before the Bill had even been presented—it has now been presented, we saw it arrive—to force a guillotine on this House. It is, again, the Liberal Democrats and the Labour Party, with some noble Lords in other parties; the bulk of the votes are there. Our proceedings are being broadcast, if anybody is watching. Those sitting opposite are on the Labour Benches; next to them are the Lib Dem Benches.
Lord Cormack
Can my noble friend not accept that there are a considerable number of his colleagues in this House who have given long and devoted service to the Conservative Party and who believe that the Conservative Government are on the wrong track?
Lord True
I think I have grasped that point on one or two occasions before from my noble friend. I do not deny that other people share that view, but the reality is that a power play is going on here, with the use of an instrument to control Parliament, to control this House, which has never been seen in this House before—the guillotine.
I am honoured to be a member of your Lordships’ Constitution Committee, which is one of the most important committees of the House—thank goodness that your Lordships’ House has such a committee. That committee is currently considering some of the issues that arise from fixed-term parliament legislation, and I hope that when its report is issued, it will be helpful to all of us in this House. But today, we are seeing constitutional issues on the make in front of us. We have an unprecedented, far-reaching Motion proposed which would, if it became part of the practice of this House, as it has become part of the practice of the other House, change the nature of parliamentary government in this country. That is absolutely the case.
Lord Griffiths of Burry Port (Lab)
Having heard an identical speech many times in the course of this evening, I wonder whether the noble Lord could speak to his amendment so that we may hear the substance? It seems to me that we are being driven towards losing time by the prevarication of those who are speaking at great length and so often.
Lord True
This is entirely germane to the constitution. This amendment is about the need for the Constitution Committee of this House to consider the implications of such a dramatic change to the normal procedures of this Chamber. Surely we pride ourselves on the quality of our committees: that is one of the reasons why we are respected, in so far as we are still respected in this nation.
I am surprised by the concern about and hostility towards the idea of the Constitution Committee being involved to consider these matters. I think that it would be profoundly helpful. Is there some fear that the Constitution Committee might think that this is not a particularly helpful way to proceed in this House?
Viscount Ridley (Con)
I am most grateful to my noble friend for giving way. Does he recall, as I do, Members of this House, particularly from the Opposition Benches, asking on many occasions for things to be referred to the Constitution Committee because they wanted to check whether something was constitutional? It seems to me that there is a surprising degree of hypocrisy here.
Baroness Kennedy of The Shaws (Lab)
I have listened to repeated references to hypocrisy, but the greatest hypocrisy of all is taking place before our eyes. I have listened to the noble Lord all afternoon: you have repeated over and again the same matters. You are filibustering. You are preventing us reaching a Bill of importance to this country, and you are doing it because you want to waste time. You do not want us to reach that Bill, which is about preventing no deal. That is the shocking thing. You are not interested in following through on what the elected House has done. The noble Baroness, Lady Noakes, gave it away in a moment when someone asked, “Why are you making a Second Reading speech; you can make that on the Bill when it comes”, and she said, “If we reach it, I will make it”. She, you and many others are trying to prevent us reaching that Bill. That is disgraceful. It is a real disgrace, and you should be ashamed. I am ashamed watching this. This House has the respect of the country. You are bringing it into disrepute.
Lord Cavendish of Furness
My Lords, will the noble Lord remind the noble Baroness, Lady Kennedy, that we are not discussing the Bill? The House got the Bill only an hour or two ago, if that. We are discussing the Business of the House Motion—and nothing more.
Lord True
That is absolutely correct. I am sorry, but from the start the noble Baroness has not been in her place throughout these debates. She may shake her head, but I have been here. My point is that this is about a guillotine, not the Bill. If the noble Baroness had been here earlier, she would have heard some exchanges across the Floor in which I made it very clear, for example through withdrawing an earlier amendment, that there is a route to accommodation here, that there is no need to go on with this procedure and that the guillotine Motion could be dropped. We on this side would certainly not risk considering in those circumstances, as I said earlier, to continue to press amendments. There should be a sensible usual channels deal; that deal is available and is being discussed at the moment, as I understand it. But no one, presented with a pistol put to their heads, as is the nature of this guillotine, would say, “Okay, all right, I trust you never to pull the trigger when you have bust into my house and changed the way that I have lived and worked in this place for 700 years”. We would not say, “Oh yes, I trust you”.
Lord Dobbs
May I try to lower the temperature a little and smooth these choppy waters? I came into the House during the time of the coalition Government. I saw everything that I needed to know about filibustering from the Labour Benches when they tried to oppose so much of the then coalition Government’s constitutional programme. From an outside perspective, it appears that the general public look at us as Tweedledum and Tweedledumber. Can we back away from the idea that all fault lies on one side or the other and listen to my noble friend’s wise words?
Lord Patten of Barnes
I am not sure that my noble friend Lord Dobbs was defending my noble friend Lord True. I think he was saying that the Labour Party has filibustered in the past, so its Members cannot grumble tonight about my noble friend filibustering; that is what he seemed to be saying. My noble friend has a very good degree from Cambridge—not everyone is perfect—so perhaps he can explain this to us: if this is not a filibuster, what is?
Lord True
Perhaps the House will allow my noble friend to make remarks later.
My noble friend is very polite about my degree. I have tried to sustain an interest in what I learned in those days and what I learned from him when I was younger. He gave me my first job, so he is to blame. He needs to be extremely careful. There is the guilty man to whom the noble Baroness, Lady Kennedy of The Shaws, should direct her criticism. I would never have got involved in politics in the first place if the noble Lord had not given me a job.
On the question he asked, we have a guillotine hanging over us in this House. We are asked to put our head on the block for the blade to fall and for the nature of business in this House to be changed for ever. If I had been in the French Revolution, I would not have been one of those who marched readily and easily to have my head cut off in the guillotine. I would have wriggled and fought to make sure that we did not have the guillotine chop our necks off—or, in this case, chop our powers.
I am sorry that the Opposition—the people actually controlling the business in this House—cannot see that to use their power in this way is undesirable and deeply disappointing. I fought battles alongside the Liberal Democrats under the Labour Government, often in defence of coercive proposals put forward by the Blair and Brown Governments on things such as detention without trial; I was working here. We always fought for the liberties of the parliamentary system and the liberties of this country. That is what we are doing and what I am seeking to do in this place. Surely, let us have an independent judgment. Maybe the noble Baroness, with all her vigour, and—
Lord Warner
If the noble Lord looks around this House, he will see that there are almost as many people on the Cross Benches as on the Liberal Democrat Benches who I seem to have seen in the same Lobbies that I have been voting in for the last few hours. If I may say so, we represent an independent view on many of these amendments, and I thought the noble Lord had rather understated the role we have played in trying to progress so that we can get to the Bill itself. Perhaps the noble Lord would like to pursue that path.
Lord True
I acknowledge that the noble Lord moved from the Labour Benches to the Cross Benches after a long period. Having been invited to comment—I said something about the right reverend Prelates earlier that I perhaps should not have—I say that when I first had an acquaintance with this House, the Cross-Benchers in this House were the absolute guardians of the way in which this House should conduct itself. When things were put forward that were unusual, out of the ordinary, procedurally questionable or whatever, you knew that the Cross-Benchers would find that difficult and hard to accept. I cannot conceive that in 1999 the Cross-Benchers would have voted for a guillotine Motion of this kind. If history shows that things are changing, that is depressing and we will have to accept it.
I will conclude my remarks, which I was trying to do before I was interrupted by the former Labour Peer, the noble Lord, Lord Warner—
Lord Lilley (Con)
Before my noble friend concludes his remarks, can he reflect on the fact that the only remotely plausible argument against the case he has been making is a shortage of time, but some 900 days ago Parliament initiated the Article 50 process, which meant that from that point onwards it was the law of the land that we left the European Union with or without a withdrawal agreement? We have had some 900 days for Parliament, if it objected to the second option, to legislate in the way it is now trying to do at the last minute to prevent that option. For them to claim after 900 days that there is a shortage of time is implausible at best.
Lord True
My noble friend is entirely right. I had started to say that there is a difference of opinion across the House, but surely that means that there should be an independent judgment on the propriety of this procedure. We in this House all accept the wisdom of our cross-party committees. Why should it not be put to the Constitution Committee whether this kind of procedure is conducive to the good operation of our constitution and parliamentary government?
I remember that when the European withdrawal Bill was going through, not so very long ago, my noble friend Lord Taylor of Holbeach, who was then the Chief Whip of our party, was constantly put under pressure by some people on our side—I was not one of them because I detest the idea of a guillotine—to constrain proceedings. No one would say that certain Peers in this House were short of words during proceedings on that Act. However, my noble friend did not do that. He had the power but did not use it to constrain the House. Unfortunately, today we are seeing that the other side have a different view.
All my amendment asks is that an independent verdict be sought from the Constitution Committee on whether it is a good thing—
Viscount Goschen (Con)
My Lords, with regard to a referral to the Constitution Committee, of which my noble friend is a member, what would be the likely timing for how quickly the committee could meet, could take the evidence it requires and could produce a report? Timing clearly is one of the issues that is of significant concern to the House.
On the broader point, I urge the House to think very carefully before agreeing the precedent of introducing a guillotine. It is a major move. I have held my counsel during these debates but have been drawn to my feet by this issue and by the importance of the reference to the Constitution Committee. We should not nod this through, despite the lateness of the hour and despite the intensity of the political situation that is going on both here and in another place. I think the House would like to know how quickly the noble Lord, as a member of the Constitution Committee, believes that this could be done.
Lord True
My Lords, the reality is that possibly we are not going to that point. If, as I hope, there is an agreement through the usual channels and we can get the guillotine Motion withdrawn, it would be perfectly possible later this month for the Constitution Committee to consider this issue and report back.
Baroness Stroud (Con)
My Lords, I add my concern to the concern just expressed about the guillotine Motion. When we all received our Letters Patent from the Queen, there was a phrase:
“I give you a seat, a place and a voice in the House”.
For me, being given a voice to speak in the House was one of the greatest gifts that one could possibly be given. In my maiden speech, I committed myself to using the voice I have to speak up for those who could not speak for themselves. There are many people whose voices cannot be heard in this House and we have a responsibility here not to give away our voice but to ensure that we express it in this House. The guillotine Motion curtails that responsibility that we have been given. I would like my noble friend to comment.
Lord Greaves
I do not mind being called a mob, if that is what the noble Lord wants to call me, but we have rules for debate in this House, one of which is that speeches should be kept to 15 minutes, as at paragraph 4.36 in the Companion, if the noble Lord would like to consider it. He has now been speaking for 23 minutes, according to the annunciator. Does he think it is time to move on?
Lord True
The Companion actually says that anybody who is introducing an amendment is entitled to speak for 20 minutes. I was not proposing to speak for as long as that but I have taken a whole series of interventions which has consumed far more time than that. I therefore do not accept the criticism from the noble Lord. I have to say that, when I first came into the House, I did not find that he had the reputation of being one of the least loquacious Members of your Lordships’ House.
Happily, having heard the point made by my noble friend, one could consider removing the words “and should that Committee recommend its use”, if it is not possible to have that. But the principle that we should have a report from the Constitution Committee is so important that I hope we can least agree that we have a report later this month or next month on the matter. I beg to move.
Baroness Royall of Blaisdon (Lab)
My Lords, I simply want to point out to the noble Lord that committees of this House and the other House cannot meet during Prorogation. Therefore, the timescale is rather tight.
Motion
Baroness Noakes
Leave out paragraph (1) and insert—
“(1) Standing Order 40(4) to 40(9) (Arrangements of the Order Paper) be dispensed with in relation to any bill sent from the House of Commons relating to the United Kingdom’s exit from the European Union.”
Baroness Noakes
My noble friend Lord True is detained elsewhere at the moment, but I will not disappoint noble Lords by not allowing the House to hear about Amendment 2J. We are moving on to amendments to paragraph (1) of the Motion in the name of the noble Baroness, Lady Smith, so noble Lords may wish to note that we are making progress—we have got past the initial preamble to the Motion and are now on paragraph (1).
Paragraph (1) of the Motion provides that,
“Standing Order 40(3) to 40(9) … be dispensed with”,
to allow proceedings on the Bill to be handled. Amendment 2J suggests removing only Standing Order 40(4) to 40(9), leaving Standing Order 40(3) extant. The purpose of tabling the amendment is to explore with the mover of the Motion why the quite draconian suspension of Standing Orders, which have served this House very well, is needed in this case. Standing Order 40 has been in our Standing Orders since 1954.
Standing Order 40(3) says:
“Subject to paragraph (1), notices relating to the Business of the House and to the Chairman of Committees’ Business, if he so desires, shall have priority over other Public Business”.
Standing Order 40(1) says:
“Oral Questions shall be entered before other business”.
The Motion in the name of the noble Baroness, Lady Smith, would remove the provision about notices relating to private business and the Chairman of Committees, if he so desired, being entered before public business—in other words, before handling any Bill that came. We do not think that a case has been made for removing this important part of our Standing Orders—certainly, no argument has been put for any part of the Motion.
We believe that the Standing Orders are an important part of the way this House operates and has operated well over many years. We have them to ensure that we know how business will be conducted, so any suggestion that we should remove or suspend any part of our Standing Orders should be taken seriously by your Lordships’ House, because we would be overturning many years of tradition. The purpose of the amendment is, as I said, to reinstate Standing Order 40(3), because we believe that it is important. I beg to move.
Baroness Noakes
Leave out paragraph (1) and insert—
“(1) Standing Order 40(3) and 40(5) to 40(9) (Arrangements of the Order Paper) be dispensed with in relation to any bill sent from the House of Commons relating to the United Kingdom’s exit from the European Union.”
Baroness Noakes
My Lords, I had already arranged with my noble friend Lord True that I would speak to Amendment 2K. It is similar to Amendment 2J, which I moved on behalf my noble friend. It relates again to Standing Order 40. Paragraph 1 of the Motion tabled by the noble Baroness, Lady Smith, dispenses with Standing Order 40(3) to 40(9). This amendment would dispense with Standing Order 40(3) and 40(5) to 40(9) but would leave in place Standing Order 40(4), which says:
“On all sitting days except Thursdays, notices and orders relating to Public Bills, Measures, Affirmative Instruments and reports from Select Committees of the House shall have precedence over other notices and orders save the foregoing”.
As I said when I moved the previous amendment, we should play around with Standing Orders only when it is absolutely necessary. I do not think that we had a convincing explanation from the noble and learned Lord, Lord Goldsmith, as to why these parts of Standing Order 40 have been chosen to be dispensed with to speed up the Bill that has come from the other place.
Standing Order 40(4) says that,
“On all sitting days except Thursdays”,
these notices and orders are important. Of course, the Motion relates only to Thursday and Friday, which is not a normal sitting day. It is open to question why the preparers of this Motion have decided to eliminate Standing Order 40(4). We should override Standing Orders, which are there to help us to do business efficiently and properly on a regular basis, only when we completely understand why they are being removed. Amendment 2K is designed to ensure that Standing Order 40(4) remains intact despite the Motion proposed by the noble Baroness, Lady Smith of Basildon. I beg to move.
Lord Newby
My Lords, I endorse the words of the Government Chief Whip and of the Leader of the Opposition. Passions run very high on this issue in your Lordships’ House, as they do across the country. It is not surprising that they have been high today. Carrying on through 24 or 48 hours, as we have been doing, in a sort of pathetic attempt to set a new Guinness world record for consecutive votes in your Lordships’ House, would not do anybody any favours.
These Benches felt it was key to ensure that this Bill, which we shall be receiving tomorrow, was able to finish its passage in your Lordships’ House before the weekend and that it would then get Royal Assent before Prorogation. With the assurances that we have had from the Minister, I feel confident that this will happen, so this is a positive outcome.
I cannot finish without thanking colleagues on my and other Benches who have supported us during a very long period. I am pleased that I will not be needing to use my duvet.
Lord True
It is extraordinary that, when one is trying to round something off amicably, some people mutter in that way. The purpose of all the amendments—the noble Baroness on the Front Bench opposite was extraordinarily gracious on this point—was to guard against the guillotine, something that the noble Baroness said was not desirable in this House. As far as I am concerned, we will give an undertaking that we will abide by any usual channels agreement, as Back-Benchers in this House always do. Certainly, if another attempt is ever made to bring forward a guillotine Motion of this kind, it can expect the same sort of resistance, irrespective of the issue concerned.
I am grateful to those who have been tolerant and to those who have not been quite so tolerant. I am grateful to those who have been kindly and to those who have been less than kind. Everybody wishes the best for this great House and I think that a sensible deal has been reached. I thank all my colleagues who have stayed, supported, thought and voted. I hope that they will support 100%, as I do, the spirit and letter of the agreement. I thank all those involved.
Lord Ashton of Hyde
My Lords, I omitted to say that I am very grateful to all noble Lords on all sides of the House for staying so long. For the avoidance of doubt, we are not taking the rest of the business tonight.