European Union (Withdrawal) Bill

Debate between Lord Tyler and Baroness Goldie

Committee: 11th sitting (Hansard): House of Lords
Wednesday 28th March 2018 Lords Chamber

[Baroness Goldie]

If we can set to one side any concept of malevolence or malign intent on the part of the Government or a Minister, perhaps we can accept that this is a genuine attempt to provide simplicity. If a Minister in a department perceives that an instrument or one of the elements of EU retained law is no longer applicable and is not going to fit in with the new body of law, it is desirable that clarification can be provided in the swiftest possible way and that it should not make its way to the Queen’s printer. I appreciate that there are deeply felt views about this, and I am certain that we will come to this again on Report. I am merely trying to indicate to the Committee what the Government think is not just a sustainable position—

[Lord Tyler]

I am full of admiration for the way in which the noble Baroness appears to be trying to avoid the suggestion that it is executive expediency that is going to determine how this issue is going to be addressed. I think she knows that if she had used that phrase, people all over the House would have said: “We are not into that business”. Perhaps she could be a bit clearer about what considerations she thinks would be in the Minister’s mind to take this particular action.

[Baroness Goldie]

It is a little difficult to predict specific examples. Many of your Lordships have had experience of ministerial positions. I imagine that if an anomaly were brought to the attention of the Minister that something was not going to apply; it was no longer relevant; it did not fit in the new framework of what will be a body of UK law, the Minister would be reasonable in trying to ensure that that element, whatever it was, did not appear to make its way via the Queen’s printer on to what is perceived to be the body of law for the UK.

Some may argue that that is inherently flawed and a deeply suspect way for any Government to behave. In the extraordinary situation in which we find ourselves— I suggest that outside of wartime this situation is unprecedented—common sense has to be applied. There has to be a proportionate way of balancing legitimate interests in the constitution with the practical need to make sure that we do not create nonsense in the statute book.

Brexit: Article 50

Debate between Lord Tyler and Baroness Goldie

Wednesday 2nd November 2016 Lords Chamber

[Lord Tyler]

To ask Her Majesty’s Government how their plan to trigger Article 50 relates to the Conservative Party’s 2010 manifesto pledge to make “the use of the Royal Prerogative subject to greater democratic control so that Parliament is properly involved in all big national decisions.”

[Baroness Goldie (Con)]

My Lords, the Government’s position is clear. Triggering Article 50 is a prerogative power and one that can be exercised by the Government. Parliament had its say in legislating for the EU referendum, which it did in both Houses and with cross-party support. Parliament was clear that it was for the people to decide whether to remain in the EU or to leave it.

[Lord Tyler (LD)]

My Lords, I personally regret that this issue has got into the hands of lawyers because I think that it is a matter of political integrity and constitutional principle. Has the Prime Minister now gone back on her decision to endorse this particular statement in the manifesto; or does she now suggest that this is no longer a big national decision; or does she no longer believe that we should take back control in the Westminster Parliament, because we keep being told that Parliament is sovereign; or is it all three of those reasons?

[Baroness Goldie]

I need hardly tell the noble Lord that the manifesto to which he refers was succeeded by something called the coalition agreement to which his party was privy. In terms of that agreement and the ensuing coalition Government, the only provision that was made in relation to the royal prerogative was to provide for a fixed-term Parliament. I am sure that if the noble Lord was as exercised as he seems to be about this issue, his party would have had other things to say about it during the period of the coalition, but it was mute.