European Union (Withdrawal) Bill

Baroness Evans of Bowes Park Excerpts

2nd reading (Hansard): House of Lords
Wednesday 31st January 2018 Lords Chamber

Moved on Tuesday 30 January by

[Baroness Evans of Bowes Park]

That the Bill be now read a second time.

Amendment moved on Tuesday 30 January by

European Union (Withdrawal) Bill

Baroness Evans of Bowes Park Excerpts

Committee: 8th sitting (Hansard - continued): House of Lords
Monday 19th March 2018 Lords Chamber

[Baroness Smith of Basildon]

I understand the point the noble Lord makes, but if we remember the reasons it was brought forward, this is not the process we have at present.

The other point about stating the reasons, as set out in Amendment 239B, for why an SI is urgent is very helpful in this regard. All of these amendments are trying to bring some order to the process which at the moment seems to be complicated and difficult and raises concerns about accuracy.

I hope that the noble Baroness can respond positively to these amendments. I will not go into further detail because that has been provided by the noble Lords who have spoken to these amendments, but this is a serious issue and I suspect that if we do not receive an appropriate response from the Minister, we will return to it as the Bill proceeds.

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, before responding to these amendments in turn, I should like to take this opportunity to expand on the remarks I made at Second Reading. As I said then, I wanted to find a way to build any new sifting procedure into the existing scrutiny structures which this House has developed so successfully over the years. On 5 March, as the noble Baroness has said, the Procedure Committee agreed to my proposal to incorporate the same powers as those of the new Commons sifting committee into the terms of reference of the Secondary Legislation Scrutiny Committee as well as conferring the power to appoint sub-committees. This will allow the sub-committees to recommend within 10 sitting days that the House’s consideration of specific negative instruments related to this Bill should follow the affirmative procedure.

As the House will expect, the SLSC’s existing role in scrutinising the merits of all instruments will continue as before, with the sub-committees fulfilling this function alongside their new sifting role in relation to the SIs flowing from this Bill. The main committee will have responsibility for determining the allocation of policy areas between the two sub-committees as well as maintaining oversight of the scrutiny process in general terms. If it wishes to do so, this will allow it to meet as a whole to conduct its own inquiries into the overall management of secondary legislation, as it has done in the past. The 10-day period for allowing the sifting committee to make a recommendation was originally suggested by the Delegated Powers and Regulatory Reform Committee of this House and was endorsed by the Procedure Committee in the Commons. The Government are content to agree to this timeframe, and that is why the sub-committee will have the power to report directly to the House, to award it greater agility in conducting its sifting role without unrealistic constraints on the time to report.

The agreement reached regarding the SLSC’s new role is, I believe, an example of the House coming together on a constructive basis to strengthen our important scrutiny role, and I am grateful to other members of the Procedure Committee, including the noble Baroness, Lady Smith, the noble Lord, Lord Newby, and the noble and learned Lord, Lord Hope of Craighead, for their support in reaching this decision. I am also grateful to the chairman of the SLSC, my noble friend Lord Trefgarne, his clerk and advisers for their constructive engagement in the development of this proposal. I am pleased to confirm that the SLSC will receive additional resources both in terms of expert advice and additional members, including the ability to form two sub-committees, in order to fulfil its new sifting role. I know that noble Lords on all sides will want to ensure that the new arrangements are a success. The House will be invited to agree the proposed arrangement when the Procedure Committee presents its report. That is expected to be when the passage of this Bill is nearing completion, as of course the report may have to reflect any relevant changes to the Bill that are agreed by both Houses.

In the meantime, and as the Bill progresses, I am clear that both Houses must be treated equally regarding the proposed sifting arrangements under the Bill. In this respect, the Bill, as introduced to this House, only makes reference to the House of Commons in the relevant paragraphs of Schedule 7. The Government will therefore introduce amendments to incorporate equivalent references to the House of Lords where appropriate.

I hope I have explained to noble Lords the new proposed arrangement, so I will now turn to Amendment 237, tabled by the noble Lords, Lord Tyler and Lord Lisvane. Noble Lords will know that the sifting committees, as currently provided for in the Bill, cover only the main powers in the Bill, rather than any consequential and transitional provisions made under Clause 17 where the negative procedure is stipulated. Making such consequential provisions through SIs is already a standard approach in legislation—even in significant constitutional legislation, such as the Constitutional Reform and Governance Act 2010, the Scotland and Northern Ireland Acts and the Government of Wales Acts. We have already published a draft example of consequential provision that we will need to make under the Bill—the European Communities (Designation Orders) (Revocation) (EU Exit) Regulations 2018—but we intend to publish further such examples before Report. I hope these will reassure noble Lords that the negative procedure is being used appropriately. In relation to the comments of the noble Baroness about draft SIs, we intend to publish them where possible and appropriate. As I have mentioned—I will mention a few more—we have already published some illustrative drafts and will continue to do so to support the debate in this House.

The proposed powers of the SLSC, as the Bill stands, will not allow it to make the sort of binding decision proposed by noble Lords. We believe that this is consistent with how this House’s committees conduct their scrutiny work in other areas. Ultimately, it is up to both Houses to decide whether a Government are using appropriately the delegated powers Parliament has given them when they come to consider an SI. It is right for this House to consider these instruments in the light of the expert advice of its committees, but we do not believe that it would be right for those committees to make binding decisions about the use of delegated powers independent of the whole House. The amendment, as proposed, would also see the Government bound by a decision of the sifting committee of one House, even when the other disagrees, and only the recommending House would be able to reject the recommendation. Currently, no mechanism for the resolution of such disagreement is provided in the amendment.

The noble Lord, Lord Lisvane, mentioned the Legislative and Regulatory Reform Act, the Public Bodies Act and the Localism Act. All of those Acts combine a sifting mechanism with the form of the super-affirmative procedure. We do not believe that the super-affirmative procedures are suitable for the instruments to come, particularly given that they can take up to six months, but as I hope I have set out, we have taken steps to create a sifting process in the Bill.

I understand noble Lords’ concerns that, as Ministers are not bound to accept the committee’s recommendations, they may choose to exercise discretion; however, if both sifting committees were to reach the same—well-considered, no doubt—and persuasive recommendation, I assure your Lordships that the Government’s expectation is that such recommendations are likely to be accepted. Where the two committees disagree, the situation would of course need to be carefully considered on its merits. On the occasions—hopefully, very rare—when the Government did not agree to a recommendation to use the affirmative procedure, we would expect to justify fully our reasons to the committee concerned.

Furthermore, when the House chooses to delegate a scrutiny role to its committees—as is the case in other important policy areas—it is important for it to have confidence in the committee’s expertise and judgment to make a persuasive recommendation for the House to consider. I fear that making the committee’s recommendation binding, then building in an explicit provision to allow the House to reject such a decision, as the amendment seeks to do, could undermine the well-established confidence that the House has in its committee structure.

The amendment would also—unnecessarily, in my view—increase the sifting period from 10 to 15 days. As noble Lords have already said, we expect time to be in short supply as we prepare to exit the EU. As I have already stated, the changes to the SLSC’s powers, agreed to by the Procedure Committee, will seek to maximise the sub-committee’s ability to conduct its important scrutiny work within that 10-day period.

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[Baroness Evans of Bowes Park]

I did say that it would indeed be for the Government to justify their position in that situation, although I also hope that I have made it clear that where both committees agree and both Houses put forward—I have no doubt—strongly argued reasons for a change in the procedure to be used, our expectation is that the Government would accept such a recommendation. The noble Lord is absolutely right: it would be for the Government to have to justify their position if that is not the case.

Moving on to Amendment 237A in the name of the noble Lord, Lord Sharkey, I believe that, despite its well-intentioned deference to this House, it is unnecessary. If either House were to feel especially strongly that a particular instrument should use the affirmative procedure, they could choose to table a Motion to that effect and make a recommendation to the Minister regardless. As with the sifting committees’ recommendations, I am sure that the Government would respond to such a resolution with the weight it deserved.

For similar reasons, I believe that Amendment 239A in the names of the noble Lords, Lord Sharkey and Lord Lisvane, is also unnecessary. The Bill adheres to the House’s established procedures for the scrutiny of statutory instruments and the proposed change would mark a significant departure from the standard SI procedure. The noble Lord, Lord Sharkey, and indeed the noble Lord, Lord Tyler, pointed out the similarity of the system proposed in the amendment to that proposed for all SIs by my noble friend Lord Strathclyde. We believe that making such a change would represent a significant change to the balance of the relationship on SIs between the two Houses.

We also feel this would be insufficiently sensitive about the time constraints that I have already articulated. As noble Lords know, the task at hand of correcting the statute book must largely be completed before exit day. The majority of SIs that will be made to address deficiencies and make corrections, barring potentially some relating to provisions which have no practical application and can be addressed in the period after exit day, must be passed and ready to come into force on exit day to ensure the continuity of the UK’s legal system.

The Government therefore expect to be laying and ensuring a steady flow of statutory instruments before Parliament for scrutiny by this House from when the Bill receives Royal Assent until shortly before exit day. As noble Lords have rightly alluded to, we estimate that between 800 and 1,000 SIs will be introduced during that period relating to our exit from the EU. As I explained in my evidence to the Constitution Committee in December, and, indeed, as my noble friend Lady Goldie outlined in the last debate, the Parliamentary Business and Legislation Committee is now overseeing secondary legislation in much the same way as it manages primary legislation. This is partly because we want to improve the quality of SIs—indeed, the noble Baronesses highlighted the importance of that—but we also want to ensure that the flow of SIs is steady, rather than in peaks and troughs, to allow Parliament to do its job more effectively by allowing adequate time for scrutiny.

I can reassure noble Lords that we absolutely understand what is coming before us. We as a Government are making every effort to ensure we are working effectively to try to make sure this House and the other place have the time to deal with the SIs that will come before us effectively. I will continue to work with my parliamentary colleagues to make sure we do our very best on this.

Finally, I turn to Amendment 239B from the noble Lord, Lord Sharkey, which seeks to require the Minister to make a statement of the grounds for urgency in the case of urgent SIs made under the “made affirmative” procedure. “Urgent” is a term without definition in the Bill, but I hope that the requirement for each “urgent” SI to contain a declaration of urgency in the body of the instrument will reassure noble Lords on that point. The Government have already promised that Explanatory Memoranda will contain an explanation by the Minister as to why they considered the SI to merit the urgent procedure. Nevertheless, I promise that the Government will consider this issue further before Report to see whether we can provide further assurances to your Lordships on it.

I hope my response to these amendments demonstrates that the Government continue to take this House’s scrutiny role seriously and that we do not consider it—

[Lord Sharkey]

On the urgent procedures, why in the Taxation (Cross-border Trade) Bill is there a 60-day period, whereas for SIs generated urgently by this Bill there is a 28-day period? The Minister has talked about the necessity for speed. I do not understand why one Bill has 60 days and the other has 28.

[Baroness Evans of Bowes Park]

The procedure, including in EU exit-related legislation such as the customs Bill, must reflect the specificities of the Act. Where certainty and the nature of tax legislation require provisions to come into force rapidly, it is important that there is time to arrange for debate and scrutiny, so there will be different timings relating to different legislation. I am happy to seek further information and write to the noble Lord if that would be helpful.

I hope that I have managed to allay some of your Lordships’ concerns and that I have explained the process that we are setting out. I hope, too, that noble Lords will understand that we are taking this matter seriously. We will obviously reflect on the debate; there are a couple of issues in particular that I have said we will take back, but I hope that, at this point, noble Lords will feel able to withdraw their amendments.

[Lord Sharkey]

Yes, I feel able to withdraw my amendment, but want to make one comment before I do so. The Minister has pointed out that the proposal for a reconsideration period marks a major change. She is quite right about that, because the circumstances seem to require exactly that change. I think that we will come to discuss this matter again, but, in the meantime, I beg leave to withdraw the amendment.

European Union (Withdrawal) Bill

Baroness Evans of Bowes Park Excerpts

Report: 6th sitting (Hansard): House of Lords
Tuesday 8th May 2018 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I rise to support Amendment 70. There is not really much left to say as noble Lords have addressed so many of the points. I do not wish to delay the House, and I would like to hear what the Leader of the House has to say.

Having served in both Houses, the difference in how statutory instruments are treated is very familiar to us, as mentioned by my noble friend Lord Davies. I always said in the House of Commons that when a statutory instrument committee came along and you were asked to take part, you would ask, “Why me, and how long will it take?” In this House, we have had more speakers on this debate than we had on the previous one on the EEA. That shows the level of interest and excitement generated by statutory instruments in your Lordships’ House. Someone may have said, “So many SIs and so little time”.

As we progress on the road to Brexit, as the noble Lord, Lord Bilimoria, said, this House and the other place will clearly have to address a huge number of SIs. The concern is that we have to get this right. The consequences of making mistakes against the Government’s intention of ensuring that EU law can be transposed into UK law are very serious. Those SIs have to be accurate and they have to be properly considered.

In Committee, the noble Baroness confirmed that the Government intend to publish draft SIs “where possible and appropriate”. If you look at the website, there are a few drafts—not many, but a few. There are illustrative examples, and I am grateful for those. They are helpful, but there is no way of knowing whether those examples are representative of the statutory instruments that are to come, particularly given the drive to reduce the overall number by packaging up multiple issues in one statutory instrument. I have raised this issue with the Government over some time. I gave evidence on it to the Select Committee in the other place and I gave evidence to our Constitution Committee, and it is really important that we have those draft SIs for, if nothing else, the appearance of accuracy, so that we know we are getting it right.

As I said, the noble Baroness made helpful comments on this about publishing draft SIs. However, I have to say that I am not convinced that “where possible and appropriate” is good enough. Can she go one step further and guarantee that SIs will always be published in draft form prior to being introduced into either House, unless of course they are made under urgent procedure? That is another discussion and there would obviously have to be very good reasons why they were urgent. Having those draft SIs is absolutely essential—not for delaying but for giving them proper consideration. It is much harder to rectify mistakes at later opportunities than if we deal with them straightaway.

The noble Baroness argued previously that the Committee stage amendments of the noble Lord, Lord Lisvane, were unnecessary, and she said then that if both committees were to reach the same recommendation,

“the Government’s expectation is that such recommendations are likely to be accepted”.—[Official Report, 19/3/18; col. 154.]

I understand that that is the intention, but “expectation” and “likely to be accepted” are a bit woolly for legislation. I do not think that is adequate. We hope that would be the case but, as the noble Baroness told us at the time, there would be a problem if the two committees disagreed or if the Government decided not to accept the proposed upgrade to the affirmative procedure. It is a limited upgrade; I would not get too excited about the affirmative procedure being too intrusive. We recognise that it is a step in the right direction. The noble Baroness told the House that she hoped the latter scenario—that the Government would not accept a proposed upgrade from one House—would be very rare. Again, it is very speculative. How rare does she think that occurrence will be? Could she outline the steps she would expect Ministers to take in the event of it becoming a reality?

All of us want to see EU law on the UK statute book as accurately and as quickly as possible, but to do that we must have confidence in the process and procedures that we have in place. We cannot do it on a wing and a prayer. If we do not get this right, there will be serious consequences, which will be far harder to rectify or amend later. I hope the Minister can give some reassurances on that issue in the course of her comments.

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, I thank all noble Lords for their contributions to this debate. The Government take parliamentary scrutiny of the powers afforded them very seriously, which is why, from the outset, I have made clear our view that both Houses should be treated equally when it comes to the sifting process proposed by the Commons Procedure Committee. The Government have already accepted amendments, although they only included a committee in the other place, and the government amendments that we have just discussed would extend that process to your Lordships’ House. We have listened carefully to the views of the House and numerous committees on ways in which to improve this Bill. Among other amendments, we have removed the Clause 8 power altogether and sunset the consequential power and the power to make new fees or charges. The correcting power has been prohibited from creating public authorities or amending the devolution statutes, and we have provided that regulations should be amendable only in the same way as primary legislation.

Having heard the views of the House in Committee, I am pleased to confirm that the Government have tabled amendments that we will debate shortly to extend the sifting committee’s remit to instruments made under the power contained in Clause 17(1). I hope that noble Lords will see this as further evidence of the Government’s willingness to listen to the case put by this House and, in particular, by the DPRRC. I believe that we have made clear our commitment to ensuring that this House can rigorously scrutinise the secondary legislation that will flow from this Bill.

The government amendments allow the changes to the SLSC’s order of reference, agreed by the Procedure Committee, to be put into practice following Royal Assent. I am sure that noble Lords on all sides will want to consider the committee’s report in good time. As I have said before, the agreement reached regarding the SLSC taking on the new and vital role as the sifting committee demonstrates the constructive collaboration of the House. I remain grateful to other members of the Procedure Committee and the SLSC for their support in this decision.

A number of noble Lords have made it clear that they would like further reassurance that the recommendations of the sifting committees will be taken seriously by the Government. I am happy to repeat what I said in Committee—that if both sifting committees were to make the same well considered and no doubt persuasive recommendation that an SI should move from the negative to the affirmative procedure, I assure the House that the Government’s expectation is that such recommendations are likely to be accepted. Where the two committees disagree, the situation would, of course, need to be carefully considered on its merits. The noble Baroness, Lady Smith, tempted me to speculate on how often the Government would disagree with a recommendation coming from both committees. Clearly, I cannot usefully do that, but I can say that the Government are not placing shackles on their ability to make a recommendation to upgrade the procedure if they so wish. It is right that this is the case, but I repeat my view—I expect that to be a rare occurrence. I can confirm that on the very rare occurrence, one hopes, when that happened, and the Government did not agree with a recommendation to use the affirmative procedure, we would fully expect to publicly set out our reasons to the committee concerned.

Amendments 70 and 77 in the name of the noble Lords, Lord Lisvane, Lord Norton and Lord Sharkey, and the noble Baroness, Lady Smith of Basildon, propose an alternative sifting process. There are two significant differences between the process proposed in Amendment 70 and that proposed by the Commons Procedure Committee, the consequences of which would put at risk our ability to achieve this Bill’s fundamental aim: a functional statute book on exit day and, indeed, for this House to exercise timely and effective scrutiny. The first would make the sifting committee’s determinations binding on the Government unless the House decided to disagree with its committee. The second is that the amendment would build into the sifting committee process a mechanism for the House as a whole to make a binding determination, irrespective of the decision of the committee to which it has delegated the responsibility for making recommendations. Such determinations raise several serious problems. The first is the potential for disagreement between the Houses, and I note that Amendment 71 involves the same problem, to which I shall come in a moment.

The second risk, which is potentially more serious in practical terms, is the delays which this process could create. Given that this House and the other place do not often sit on Fridays, 10 sitting days is already likely to stretch across three weeks. The addition of an extra five-day period, during which each House could overrule its own sifting committee, potentially extends this process into a fourth week. Of course, if any of this were to occur around either House’s normal recesses, the period would be longer still. Then, after that, any negative instrument would still have a praying period of 40 days during which, as now, a debate could be sought. In addition, any affirmative instrument would be subject to the usual scrutiny procedures and laid before Parliament until it could be accommodated in the parliamentary schedule.

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[Baroness Smith of Basildon]

My Lords, the amendment is self-explanatory. If urgent regulations have to be laid, having an explanation and clarity from the Minister as to why it is urgent is always helpful. It is fairly simple and straightforward. I hope the noble Baroness will say that she is prepared to accept the amendment.

[Baroness Evans of Bowes Park]

I thank noble Lords for this very brief debate. As I indicated in Committee, the Government have reflected on this point further and decided to table their own amendments to achieve the same aims as the noble Lord’s amendments. The Government have always said that we expect Ministers to use the Bill’s urgent procedure rarely. This might be where, for example, corrections to the statute book are required very close to exit day and where the impact of not making these corrections would be significant.

The Government have always been committed to ensuring an appropriate level of scrutiny is afforded to the Bill’s provisions. I remind noble Lords that the made affirmative procedure still requires debates and potentially votes in both Houses. We have always wanted to be transparent about how this unusual process will work and it is for that reason that we have clarified the time period in which a made affirmative SI must be debated. In response to the persuasive case made by noble Lords in Committee, where the Government choose to use the urgent procedure we are happy to commit in statute to supplementing any declaration of urgency with a commitment to making a statement explaining why this was considered to be appropriate. In response to the question asked by the noble Lord, Lord Sharkey, Ministers will write as soon as is practicable. This is in addition to the obligation to make a statement.

While the Government cannot accept the noble Lord’s amendment for technical reasons, I hope noble Lords will be content to accept those tabled by the Government in its place and that the noble Lord, Lord Sharkey, will feel able to withdraw his amendment accordingly.

[Lord Sharkey]

I thank the noble Baroness the Leader of the House for Amendment 83N and for agreeing with us that it is in fact necessary. With that, I beg leave to withdraw the amendment.

European Union (Withdrawal) Bill

Baroness Evans of Bowes Park Excerpts

Ping Pong (Hansard): House of Lords
Wednesday 20th June 2018 Lords Chamber

Moved by

[Baroness Evans of Bowes Park]

That the Commons amendments be now considered forthwith.

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Moved by

[Baroness Evans of Bowes Park]

That this House do agree with the Commons in their amendments 19R to 19T.

COMMONS AMENDMENTS IN LIEU
The Commons disagree to Lords Amendment 19 but propose Amendments 19A and 19B in lieu

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19T: Line 50, leave out from “motion” to second “the” and insert “in neutral terms, to the effect that the House of Commons has considered the matter of”

[Baroness Evans of Bowes Park]

My Lords, on Monday evening this House voted to send Amendment 19P back to the other place because, as noble Lords supporting it made clear during the debate, they wanted to guarantee that the other place had the chance to consider that amendment. The other place has now had that chance and has voted to reject Amendment 19P, by a majority of 16, and to offer in its place the Government’s amendment. As noble Lords will be aware, this issue is the only outstanding point of difference on the Bill after many months of intensive scrutiny by both Houses. We and the House of Commons have debated this issue on multiple occasions. Where we stand today demonstrates the movement that has happened as a result.

As I outlined to the House on Monday, the amendment before us again today provides that, if Parliament rejects the final deal we make with the EU, the Government must bring forward not just a Statement but also a Motion. This will guarantee an opportunity for both Houses to express their views on the Government’s proposed next steps. The amendment also covers three sets of circumstances in which that opportunity would arise: should Parliament reject the Government’s deal with the EU, should no agreement be reached, or should no deal be agreed by 21 January 2019. As my right honourable friend the Secretary of State said earlier today, the amendment sets out in law a formal structure for Parliament to express its views in each of three possible scenarios set out. Importantly, the amendment also passes the Government’s three tests: it does not undermine the negotiations; it does not change the constitutional role of Parliament and Government in negotiating international treaties; and it respects the result of the referendum.

Respectfully, I submit that your Lordships’ House has done its job. We asked the House of Commons to consider this issue again. They have done that. They have rejected our suggestion and supported the Government’s amendment. I believe that our role is now to accept their view as expressed in the vote only a few hours ago. I hope that noble Lords, whatever their personal views on the issue at hand, will agree. In conclusion, I think we should reflect for a moment, as a House, on the milestone that the passage of the Bill will represent. This House and the other place have spent 11 months considering the Bill line by line. It is better for that work. The Bill’s passage will mean that the UK has the tools it needs to preserve the statute book after exit day, but it is not the end of the process of legislating for Brexit: this House will continue to play a critical role in the months and years ahead and I, for my part, know that it will be more than up to performing this task and complementing the work of the other place. I beg to move.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, the House of Commons has done what we had hoped: they have considered and debated our meaningful vote amendment. They have not done what some of us hoped and agreed with it, but I think we should celebrate how far we have come on this issue since the Bill arrived in this House. At that stage, there was absolutely nothing in the Bill about a vote, meaningful or otherwise, on the withdrawal deal and there was no mention of no deal. All the Prime Minister had said was that there would be a vote in both Houses on a deal. There was no commitment to that in law and the result of such a vote would have had no legislative consequence. The vote would have simply been on a Motion, which could be ignored—I will not go into whether it would have been amendable. Any such vote in this Chamber would have been particularly meaningless, as either we would have felt obliged to vote the same way as the Commons, whatever our view, or we would have voted differently and then been ignored, both of those, of course, being meaningless for this House, because as my noble friend Lord Grocott rightly feared, if there were two votes, one in each House, it would raise the question of the primacy of the House of Commons.

So that was all we had: the promise of a Motion but untied to any legislation. What we now have in the Bill is that the withdrawal agreement, including the framework for the future relationship, can be ratified only if it has been approved by the Commons and debated here. That is a legislative requirement akin to the Article 50 requirement for a vote in the European Parliament. That is a major concession. It would not have been there without the hard work of the noble Viscount, Lord Hailsham, without your Lordships’ commitment to ensuring that this matter was in the Bill, and without us sending the amendment back on Monday.

However, I have a query about what would happen if there was no deal, as to my mind the rather extraordinary last-minute Written Ministerial Statement, as a result of which Dominic Grieve seems to have felt that he could support the Government this afternoon, does not really clarify things. I am not sure what it means. Will the Motion be amendable? Liam Fox is already out and about, briefing that actually there is no change as a result of that. To me, it reads that it still leaves it to the Speaker to decide whether or not it is sufficiently neutral to be amendable. So it is not actually an undertaking that such a Motion will be amendable. Perhaps the Leader could shed a bit of light on the significance of what made such a difference to the right honourable Dominic Grieve.

In the meantime, with the catalogue of changes to the Bill outlined by my noble friend Lady Smith on Monday and the insertion of parliamentary approval of the withdrawal deal agreed today, I hope even the Government will recognise the vital role played by your Lordships’ House, and that our detractors, particularly in parts of the press, will realise that it is our role to ask the Government, and the Commons, to think again. We have done that, and to quite a large extent we have been heard.

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[Baroness Evans of Bowes Park]

My Lords, as I hope I draw this debate to a close, I would like to take this opportunity to express my gratitude to all noble Lords who have engaged constructively with the Government throughout our consideration of this Bill. I am sure that noble Lords on all Benches will join me in paying tribute to the staff of the House who have worked tirelessly and professionally to support that consideration.

I would also like to pay tribute to the work of my Front Bench colleagues and those of the Opposition and Liberal Democrat parties who have worked on this Bill. Their stamina alone, as has been seen on the Back Benches across the House, has been incredibly impressive, as has the quality of debate and scrutiny that they have engaged in.

Finally, I am sure that all noble Lords will join me in thanking the members of the Bill team for their hard work. I hope that at some point they will be able to look back over the past 11 months with some kind of pleasure, but I expect that that may take quite a while. On behalf of the House, we are extremely grateful to them.

Despite the comments of the noble Lord, Lord Adonis, I think that the scrutiny of your Lordships’ House has seen improvements made to this Bill. More than 230 amendments have been made by both Houses, and while there are a number of issues on which the Government did not agree, I am pleased that we have been able to find solutions and compromises to most of the concerns raised.

The subject before us today—the way in which Parliament can have a meaningful say about our exit from the EU—is a vitally important matter. We have debated it at length, and as the noble Baroness, Lady Hayter, said, the proposition in the Bill is very different as a result of that debate. But the elected Chamber has now made its decision, a decision that your Lordships said on Monday that they wanted to give it the opportunity to take. The elected Chamber has decided how it wishes to proceed: with considering the Motions offered by the Government’s amendment. I now ask this House to respect that decision. I beg to move.

Motion A agreed.