European Union (Notification of Withdrawal) Bill

Debate between Lord Tugendhat and Lord Naseby

Report stage (Hansard - continued): House of Lords
Tuesday 7th March 2017 Lords Chamber

[Lord Naseby]

My Lords—

[Lord Tugendhat (Con)]

My Lords—

--- Later in debate ---

[Lord Naseby]

My Lords, I shall be brief. I concur with what my noble friend has just said. We forget the effect this is having on the ordinary people outside. They knew what they were voting about when they voted at the referendum. Both individuals and businesses were fed up with the way that restrictions were put on their lives and regulations imposed. We have to recognise that fact.

It was my privilege in the other place to be Chairman of Ways and Means. There were 500 amendments to the Maastricht Bill. Many more were chucked out. The ones that were not successful were thrown out because they were out of order. They were wrecking amendments. They were defective. I find it quite extraordinary that your Lordships’ House is spending several hours on what is basically a defective amendment. There are better ways. If the noble Lord, Lord Pannick, is not capable of tabling an amendment that is in order, so be it, but he is a highly creative lawyer and there are other lawyers on the Liberal Benches who perhaps can produce an amendment that is not defective, in which case this House should rightly debate it. But as it stands, this amendment is defective in all four elements. Noble Lords should bear in mind that it is not wise for our House to vote on amendments which have huge implications and are defective. It would be much more sensible to take it back and maybe on another occasion find some means to move forward.

Ultimately, I trust our Prime Minister. I trust the right honourable David Davis to negotiate well. I trust them to do their very best for the ordinary people who have voted for it all. Frankly, what we are doing this afternoon—if we are doing anything—is undermining the public’s confidence in this House. Confidence is a very delicate flower and it affects not just us here or the public; it affects all the nation, all the businesses, all commerce, and we should not be undermining that confidence. I will certainly not be voting for the amendment.

[Lord Tugendhat]

My Lords, as the House knows, I speak as one who very much regrets the result of the referendum but who now feels that we must put it behind us and work to create the best possible relationship we can with the European Union. I feel that this amendment muddies the waters. I remind the House of the words of that very wise woman, George Eliot, who said:

“Among all forms of mistake, prophecy is the most gratuitous”.


The amendment goes down the road of prophecy. We can have no idea how the negotiations are going to unfold. Personally, I feel more optimistic about them than some people but we can have no idea how they are going to unfold or what the parliamentary situation or the situation in the European Union or anything else will be in two years’ time.

We can be certain of only one thing, and that was the point made by my noble friend Lord Howard. Generally speaking, my noble friend and I disagree on matters relating to Europe but he is quite right that the Government will stand or fall by the way in which they conduct these negotiations. Whether or not there is a deal, the House of Commons will pass judgment on the Government’s performance. It will either support the Government or reject them but either way, its will will prevail. That is a very simple matter. The amendment would put in place a complicated structure which would make it very much more difficult for the House of Commons to assert its authority. I quite understand that the purpose of the amendment is to enhance the authority of Parliament but its effect would be to diminish the capacity of the House of Commons to hold the Government to account. For that reason, I hope very much that the House will reject it.