European Union Referendum Bill

Debate between Lord Tyler and Lord Elton

Monday 14th December 2015 Lords Chamber

[Lord Tyler (LD)]

My Lords, in an otherwise very careful speech, the Minister implied that this was simply, but only, a once-in-a-generation decision. That is not what the Prime Minister said in his Chatham House speech on 13 November, when he said that the EU referendum,

“is a huge decision for our country … And it will be the final decision”.

The Minister referred to disappointed voters; the people who will be most disappointed by this decision will be those who are excluded from it when it is their one and only chance to influence a vital decision for our country.

For the sake of brevity, I shall not rehearse all the arguments that I have so often used in this Chamber on the merits of extending the franchise for this vote. I endorse absolutely what the noble Baroness, Lady Morgan of Ely, said. It would be surprising if I did not; my colleagues and I have supported this increase in the franchise for young people for many years. It would be very inconsistent if we did not do so now. Instead, I want to highlight two wider issues that have been gently referred to already but have perhaps even greater salience for our House.

One of the oldest tricks in the Whips’ trade—I used to be a Whip—when you are losing an argument is to change the subject. That is, effectively, what the Government are now doing. They have moved from trying to defend the inconsistency of the franchise for the Scottish independence referendum compared to that for the forthcoming European referendum to insisting that a clear majority of your Lordships’ House should be ignored on the grounds that we voted in a way that will cost money.

In their letter to us on Friday, Ministers told us, and were at pains to emphasise, that what they termed the Government’s formal reason for disagreeing with the Lords amendment was because,

“it would involve a charge on public funds”.

The Motion and the Minister’s speech this afternoon confirm this statement. That suggestion—that they had no alternative—is simply specious. Elsewhere in the letter, they say:

“It is our view that should this significant change to the franchise be made, it should be debated seriously as part of a wide debate on the franchise, not done piecemeal for a one off electoral event”.

The Minister has already made that statement again in this afternoon’s debate. That has been a constant and respected theme of Ministers at all stages of the debate in both Houses, and indeed from their party’s supporters throughout all stages of the Bill. But it could have been perfectly well incorporated in an amendment in lieu in the other place in last week’s debate. That is what they could and should have done; that would express what is, apparently, the view of the Government. They did not do it. Instead, Ministers deliberately chose to trigger the financial privilege threat. Why?

We are now faced with yet another attempt to restrict the role, responsibility and sheer relevance of this House of Parliament. This time it is the franchise. What next? If in future we amend a Bill in any way that could incur additional expense—a “charge on public funds” as the Minister put it—the Government could use this as a precedent. Next time it could be international development, childcare, legal aid or NHS priorities. That is what they are trying to do—to clip the wings of your Lordships’ House. We should be under no illusion. This is not just a casual, minimalist tweak of the relationship between the two Houses. This is part of a much more insidious exercise to dilute our role—some would say to completely neuter your Lordships’ House.

[Lord Elton (Con)]

My Lords, the noble Lord speaks as though this is a new departure and something that has not been done before. In fact, it has been in existence for generations and has been frequently used.

[Lord Tyler]

Yes, but it is done now in a deliberate attempt to try to prevent us pursuing a very important issue. I suggest to your Lordships that we should be very careful of any attempt to do that, particularly in those circumstances. Look at the wider context. Taken with this House’s effective exclusion from discussions on English votes for English laws, which is now going on—we were not allowed in—and with the Strathclyde review, we will have only ourselves to blame if we fail to note the way the wind is blowing. Please observe the words of Mr Stewart Jackson, the Conservative Member of Parliament for Peterborough, in last week’s debate:

“In conclusion, it is a constitutional outrage that the superannuated, unelected, unaccountable panjandrums in the House of Lords have told us what the elected House should be doing even though we have a settled view on this. They should learn their place. They must be subservient to the elected House, and it is high time that we had House of Lords reform”.—[Official Report, Commons, 8/12/15; col. 880.]

Amen to the last one. That is what is behind this: it is not to give new influence to this House, but to take away what little influence we have.

House of Lords Reform Bill [HL]

Debate between Lord Tyler and Lord Elton

Friday 21st October 2011 Lords Chamber

[Lord Elton]

My noble friends Lord Trefgarne and Lord Caithness have made points that resonate strongly with me and with several other noble Lords. It is perfectly true that we are now in this position by the consent of a large number of our former noble friends—they are still our noble friends but they are no longer Members of this House—on the strict understanding that the rearguard would remain until a satisfactory position had been reached. That is a point of principle. The noble Lord, Lord Howarth, said very nice things about hereditary Peers, but fine words butter few Peers. We are here on an honourable understanding built on the understanding of many others who served this House for a very long time.

Why, therefore, do I support the Bill—as I do with a heavy heart? It seems to me that the real basic principle is not to do with undertakings that we have been given or the perception of the British public at the present time, it is the protection of the British people from their future Governments down the generations to come. The House of Commons, for various reasons, is now on occasion firmly in the grip of the Government of the day. We saw that very clearly in 2003. I would love to expand on that, but your Lordships want to get on.

The same circumstances would automatically arise if this were to be an elected House. We have to try to find a means by which an acceptable House remains without being replaced by an elected House. Reform is necessary, but it must not be a House made up of people who can be removed by the Whips of any governing party at their whim by deselection. That being so, we have to find something that is workable and acceptable. It seems to me quite possible that my noble friend Lord Trefgarne’s heroic efforts to forge something acceptable from the draft Bill at present before his Committee may fail. What emerges may not be acceptable; in fact I very much doubt that it will. That being so, the search will be on, if time permits, for something else. If that something else is already here and working, there is a good chance that it will last. Therefore, I have to swallow my pride in the past and my affection for the present and leave my loyalty to the British people and to this sad but necessary device.

[Lord Tyler]

My Lords, I am very pleased to follow the noble Lords, Lord Elton and Lord Howarth of Newport. I do not accept the general point that they are making about the Government’s Bill, but that is not before your Lordships' House today. We face a specific set of proposals from my noble friend Lord Steel of Aikwood and supported by many colleagues across the House. Since Second Reading, we have had many expressions of support for Clause 10 and for the Bill generally. It is important to remind your Lordships that they have come from all parts of the House.

I read the two-day debate in June on the White Paper and draft Bill, during which a whole range of views was expressed about this Bill as being the right way forward in the transitional period. This is not an exclusive list, but support came from the noble Baronesses, Lady Boothroyd, Lady Noakes, Lady Taylor of Bolton and Lady Royall of Blaisdon, the noble Lords, Lord Wakeham, Lord Bilimoria, Lord Low of Dalston, Lord Faulkner of Worcester, Lord Rodgers of Quarry Bank, Lord MacGregor of Pulham Market, Lord Elder, Lord Forsyth of Drumlean, Lord Cobbold, Lord Howarth of Newport, Lord Lucas, Lord Mackenzie of Framwellgate, Lord Stewartby, Lord Foulkes of Cumnock, Lord Gilbert and Lord Lyell, together with the noble Viscount, Lord Bridgeman, the noble Marquess, Lord Lothian, and the noble Earl, Lord Glasgow. There was a great range of support to make progress along the lines proposed by my noble friend and included in the clause. I, therefore, want to address the question that Clause 10 stand part.