European Union (Referendum) Bill

Baroness Boothroyd Excerpts

Friday 24th January 2014 Lords Chamber

[Lord Mackay of Clashfern]

That fear arises because of what we have been told by the Constitution Committee of this House: that if the Bill is amended it will probably not reach the statute book. That is a very important issue for me. I am sorry about it and, as the noble Lord, Lord Anderson of Swansea, said, it is not our fault; we did not take all this time to consider the Bill but it came to us at the beginning of December and we are trying to get on with it as quickly as possible. I am sorry to have spoken for so long.

[Baroness Boothroyd (CB)]

My Lords, of course it is right for the Constitution Committee to advise this House on what it believes is correct in relation to Private Members’ Bills. But if we amend the Bill in this House and it goes back to the House of Commons, it is certainly for the Government—as the people who determine the business, along with the usual channels—to determine what time should be given to these amendments in the House of Commons. Therefore, we can amend the Bill. That is our job if we wish to do so.

[Lord Mackay of Clashfern]

My Lords, I do not know whether that is an intervention. The trouble with that is that this is not a government Bill. We are in a situation of coalition and the other party in the coalition does not want this, so there is no question of the Government being able to arrange matters in the House of Commons. I defer, of course, to the noble Baroness’s knowledge of the procedure.

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[Lord Grenfell]

My Lords, I promise I will be brief and I will try not to repeat what others have said. If I made the speech that I really wanted to make, when noble Lords read it in Hansard tomorrow they would probably all accuse me of plagiarising the noble Lord, Lord Kerr, because I agree with every word that he said—it could not be said better.

I would just like to make two points. Of course, I am concentrating strictly on the question of the date. We do not hear so much nowadays about repatriation of powers. The game has changed. It is now all about reform of the European Union. I give credit to the Prime Minister for having picked up on that. He now speaks about us being part of the reform of the European Union. The problem that arises, as far as renegotiation is concerned—to repatriate powers or whatever else the Conservatives would like to see happen—is that our European partners do not see that as a priority. They are interested in the reform of the European Union.

There will be a new Parliament shortly; there will be, I hope, a refreshed Commission and a reinvigorated Council. As we get closer to 2017, there will be new political leaders in Europe. They are looking at European reform and what they want—and they really do want it—is for Britain to be part of the process of reforming the European Union. If the aim of the Conservative part of the Government is to clog up the works, which is what the effect will be, with a long string of requests for repatriation of powers, we will have a very poor reception and they will not be so interested in us taking part in the reform of the European Union. It is extremely important that we focus on reform of the European Union and a little bit less on what might please the Back-Benchers at the other end of the Palace.

The noble Lords, Lord Kerr and Lord Bowness, and others have made the point that we do not know the purpose behind choosing 2017, although we have our suspicions, which have been mentioned. We just do not know. The Conservative Party owes us an explanation as to why it chose 2017. Surely it must have known about the elections in Europe; surely it must be aware of our presidency; surely it must be aware of how long it takes to negotiate. Why then did the Prime Minister decide to pin himself down to 2017?

The Prime Minister seems to have assumed a new role: that of Harry Houdini, binding himself in chains. Because Harry Houdini was a very clever man, he managed to get himself out and then hand the hat around to collect some dosh. Well, David Cameron is no Harry Houdini. He will not be able to get out of that bind if he binds himself to 2017. All the problems that have been adumbrated by the noble Lord, Lord Kerr, and others, he will have to face if he is still Prime Minister.

We need a clear answer from the noble Lord, Lord Dobbs: why 2017? If the date is to be 2017, how does he see that it could possibly be of assistance to a Conservative Government and, more importantly, to the nation as a whole?

[Baroness Boothroyd]

My Lords, I share the concern expressed by the noble Lord, Lord Kerr, who spoke with authority and considerable experience in moving this amendment. I believe that the statutory imposition of a 2017 deadline threatens our entire strategy for securing Britain’s future in a reformed European Union. Moreover, this part of the Bill as it now stands undermines and contradicts some of the assurances given by the Prime Minister and the Foreign Secretary in previous statements. Not long ago, both those Ministers argued the case for realism, but, regrettably to me, they have played politics with it ever since. Yet theirs was the correct strategy before they wilted under fire. This amendment restores their original logic. More importantly for me, it restores Britain’s chances of winning the long struggle that lies ahead of us.

Clause 1(2) of the Bill propagates the facile belief that this country’s 27 partners in the European Union will allow us to reshape Britain’s role in it according to our own arbitrary deadline. I support the amendment because it removes that barrier, allows for proper negotiation and provides us with a good chance of success. Do the Bill’s supporters really believe that a binding commitment to hold a referendum before the end of 2017 will persuade others in Europe to comply with our proposals and at the speed we dictate? The Germans have a term for what is needed now: Realpolitik—let’s get real.

The Prime Minister and the Foreign Secretary profess to be reformers and not quitters. That stance I admire. Answering a question during this Bill’s Second Reading in the Commons on 5 July last year, Mr Hague made his position clear. He said:

“The Prime Minister and I are in exactly the same position. Of course we will vote to stay in a successfully reformed European Union”.—[Official Report, Commons, 5/7/13; col. 1190.]

Clearly, he did not envisage the referendum taking place in a diplomatic void or during negotiations. Neither, although we can only assume it, did Mr Cameron. The Prime Minister in that major speech on 23 January last year said:

“And when we have negotiated that new settlement, we will give the British people a referendum with a very simple in or out choice. To stay in the EU on these new terms; or come out altogether”.

In other words, a new deal for Britain was the priority, followed by a referendum. He said:

“It is wrong to ask people whether to stay or go before we have had a chance to put the relationship right”.

He was correct. Alas, I am afraid that the Prime Minister has boxed himself into a corner from which he must be extricated—I was going to say “extradited”, but “extricated” is a better word. His original judgment is still valid, but a rigid deadline would impede a satisfactory renegotiation.

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[Baroness Royall of Blaisdon]

I agree that we need to hear from the noble Lord, Lord Dobbs. I understand what the noble Baroness is saying but I would ask for an undertaking that, in future, the speeches will be made from the Back Bench.

[Baroness Boothroyd]

I have been a Member of Parliament for more than 40 years. In my experience, I have never yet seen either the Opposition or the Government speak from the Dispatch Box and have two views, one from the Dispatch Box and one from the Back Benches. I have never known this situation before—it ought to have been sorted out right at the very beginning. The noble Baroness speaks for the Conservative Party and the noble Lord, Lord Dobbs, speaks for the Conservative Party. We are having two wind-ups from the Conservative Party.

[Baroness Warsi]

My Lords, I have huge regard for the noble Baroness. There are clearly strongly held views on this matter so I will take advice and ensure that matters are clarified.