European Union (Withdrawal) Bill

Baroness Altmann Excerpts

Monday 19th March 2018 Lords Chamber

[Lord Thomas of Gresford]

I wonder if I might remind the noble Lord, Lord Higgins, that the first referendum passed by this Parliament was in 1881 when Gladstone’s Government passed the Sunday Closing (Wales) Act. Wales was dry as a result of that until a Conservative Government decided in 1961 that the only way in which you could reverse that decision was to hold a series of referendums throughout Wales. Every five years or so there were repeat referendums in the various counties of Wales until ultimately, in 1996, it became wet again. So there is the precedent; I am a lawyer and I seek precedent. The Liberals introduced a referendum and the Conservatives decided in 1961 that you could deal with that by holding referenda.

[Baroness Altmann (Con)]

My Lords—

[Baroness Hayter of Kentish Town]

My Lords, I think the House wants the Minister to reply, so I was thinking that we are probably ready to end this debate.

I have just heard the first case against referendums, which is that a referendum made my country of Wales dry—and that argument was in support of them. It was certainly dry on a Sunday when I was growing up; and this is the ex-director of Alcohol Concern confessing this.

We have considerable sympathy with one part of these amendments: that the Government cannot be allowed to mark their own homework regarding the outcome of the withdrawal negotiations, be that on Gibraltar, which is mentioned in one of them, our future relations with the EU or the withdrawal deal itself. We discussed last week, as a number of noble Lords have said, the need for a meaningful vote by Parliament on the deal and indeed on what should happen if the deal fails to win approval by the British Parliament. We also considered then the desire of some for a future referendum on the terms of the deal.

As the Committee knows, and as the noble Lords, Lord Wigley and Lord Newby, have said, we see it as essential that there is a proper, meaningful vote on the terms of our withdrawal. We trust that the amendment we will table on Report will find favour in this House and later, we hope, at the other end. As to what should happen if that deal is rejected, surely that must be decided at the time, in the full knowledge of the situation, by the House of Commons. It could be, as in a later amendment in the name of my noble friend Lord Campbell-Savours, by extending the Article 50 period. It might be by revoking the Article 50 notification. It could indeed be by a referendum, though perhaps the wording would be a matter for then, rather than by amendment today. But the first judgment on the terms must surely be for this sovereign Parliament and, if it says no, it must then be Parliament that takes responsibility for what should be the next step. That means nothing is ruled out, which therefore means nothing is set in stone at this moment.

[The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)]

My Lords, this has again been an excellent debate and let me say at the outset that I note that support for the amendments comes from noble Lords on all sides of the House. I am not trying to imply that this is a partisan issue, but it is one of principle. I hope that the noble Lord, Lord Butler, the noble Baroness, Lady Wheatcroft, and the noble Lords, Lord Newby, Lord Wigley and Lord Foulkes, who have tabled Amendments 226, 227BH and 357, will believe me when I say that I respect their positions. But this debate has been held many times before, and I therefore hope that noble Lords will forgive me if my argument sounds familiar. The referendum question, agreed by Parliament and presented to the people, was whether we wished to leave or remain in the European Union. Parliament attached no conditions or caveats to that vote.

It was clear in the campaign that a leave vote could lead to a range of outcomes and that not all of us advocating leave agreed about the way to do so. People knew this at the time, it was extensively debated and, in the biggest democratic mandate for a course of action ever directed at any UK Government, voters instructed the Government to leave the European Union.

[Baroness Altmann]

My Lords, it is that very term—“instructed” the Government or “instructed” Parliament—that is the subject of the amendments. I am not a fan of referenda, but it is clear that what the British people were led to believe, and what they voted for in the referendum, needs at least mostly to be delivered. The question is, if what they voted for—more money, no change to the borders, very easy trade deals; never mind that nobody mentioned ending of roaming and a potential Brexit surcharge on their flights—is not what is on offer, what should this Parliament do? It is questionable that this House should agree that the British people have instructed us to do whatever the Executive manage to negotiate with the EU, irrespective of whether it resembles even closely what the leave campaign told the British people it would achieve.

[Lord Callanan]

My Lords, the noble Baroness says that she is not in favour of referendums but is supporting a campaign to have another one. I think we all know what her agenda is: she did not like the result of the referendum, and she does not like the result of the policy. She is entitled to have her view, but we are entitled to disagree with her.

[Baroness Altmann]

I am not in favour of another referendum. I am in favour of parliamentary democracy and parliamentary sovereignty. The concern here is that Parliament seems to have handed over its power to the people by believing that there is an instruction from the people. If the Government were to say that there will be a free vote and a meaningful vote on whatever is negotiated, we would not need to go back to the people, because Parliament should be able to represent the national interest. I would prefer no final referendum or vote for the people, but if that is required it may be appropriate or prudent to leave it as an option.

[Lord Callanan]

I am not going to continue with this debate, but I think we know where she is coming from: she wants to reverse the result of the referendum, which she is entitled to believe, but I am entitled to disagree with her.