European Union Referendum Bill

Debate between Lord Tyler and Lord Stoddart of Swindon

Monday 14th December 2015 Lords Chamber

[Lord Tyler]

My Lords, I am afraid that that sequence is not quite correct. I think the noble Lord will accept this, but if we have a difference of opinion, we can discuss it afterwards. The critical point about the process is that it is for the Government, first and foremost, to decide whether they want to table an amendment in lieu or simply reject the views of this House. That was the Government’s decision, not the Speaker’s. Whether there is advice or not, it is the Government’s decision that they wish not to pursue the idea of a more general review of the franchise. They simply wanted to reject the view of the House of Lords. They then triggered the issue of financial privilege and it is indeed correct that neither the Clerks nor the Speaker could then gainsay them. However, this figure has now got common currency and it is thought that that somehow justifies this process. If your Lordships’ House was only proposing a little baby, they might have let it through; but they thought it was a big baby and they produced it in the way they did to try and scare us. This rabbit has been inflated by Ministers for their own political ends. We should be told exactly what the calculation is; what, realistically, it is as a proportion of the total referendum budget; and who now endorses this figure.

[Lord Stoddart of Swindon (Ind Lab)]

The noble Lord keeps on talking about the Government doing this. Surely, however, the House of Commons has already rejected this policy four times, by an average of 50 votes.

[Lord Tyler]

My Lords, that is not absolutely true. First, it has not specifically rejected the amendment proposed by your Lordships’ House. Secondly, as I thought I had just explained, the issue of an amendment in lieu means that it is no longer necessary. If the Government had decided on such an amendment to express their apparent view that a general review is required, and that it should not be in this one Bill, financial privilege would not have been triggered in any way. That is the process that should have been undertaken.

The issue before your Lordships’ House today is no longer simply whether the electorate for the EU referendum should or should not be expanded, important though that is. I have given a lot of time and effort to trying to make sure that this referendum is one that we can be proud of because it has the same electorate as the one that was so successful in Scotland on a similar issue of the future of that generation. However, this matter has now been deliberately escalated by Ministers into an insidious attempt to undermine the constitutional role and responsibilities of your Lordships’ House. We must stand firm, pass Amendment A1 in the name of the noble Baroness, Lady Morgan, and reject this attack.