European Union (Referendum) Bill

Baroness Farrington of Ribbleton Excerpts

Friday 31st January 2014 Lords Chamber

[Lord Cormack]

I made my position very plain at Second Reading. I did not support those amendments because I believed it was sensible to give the Bill a fair passage. However, I accepted last week—and made a speech to this effect—that we had improved the Bill with those two amendments and the Bill had not in any way been destroyed in its intent or purpose. We must not now make ourselves a laughing stock by talking too long or by too many of us talking. We need to get this Bill through today so we can have Report next week or as soon as possible. The Commons must make the final decision as to whether this Bill goes on the statute book.

[Baroness Farrington of Ribbleton (Lab)]

My Lords, the noble Lord has spoken about sticking to the rules in your Lordships’ House. I listened carefully to what he said and could not detect whether he was speaking for or against the amendment in front of us. I was quite clear last week that he was against the amendments that he now admits have improved the Bill. Information would be helpful.

[Lord Richard (Lab)]

My Lords, the last thing I am prepared to do, with great respect, is to have a lecture from the noble Lord, Lord Cormack, as to the functions of this House or the way in which we ought to behave. This whole Bill is a prominent and clear example of how this House should not behave. This is clearly a major constitutional issue; for it to be brought forward by a private Member in a rush, and to be told by Members on the other side of this House that we are not entitled to consider it properly, is not only arrogant, but positively impudent. I hope that the noble Lord, Lord Cormack, will reflect on this at some stage.

The noble Lord, Lord Cormack, said that the Bill was improved by the two amendments that we passed last week. That is true: it might be further improved by two amendments that we pass today, without destroying—as he put it—the purpose of the Bill. The amendments that have gone down were tabled with thought. They were not tabled in order to filibuster; they were tabled to deal with a situation into which this House—and indeed the country—should never have been put by this Government. If the Government had shown an ounce of steel in their relationship with their own right wing, we would not be in this position today. They have not and we are in this mess, which is what it is, and we must now try to deal with it, but to be lectured by a sermon from the noble Lord, Lord Cormack, is, frankly, almost too much.

I will try, perhaps, to calm down slightly. I have an amendment in this group—Amendment 73—which I hope the noble Lord, Lord Cormack, will think is helpful and constructive. It is a serious attempt to deal with the difficulties raised by this Bill in terms of legislating now for what might happen in the next Parliament. The next Parliament after the next election will be a different Parliament from the one that is now sitting. In those circumstances, that Parliament should have a say—and a direct say—given by this Bill, and not by some general constitutional doctrine that no Parliament can bind its successors. It should be given by this Bill in the sense that, before the Bill actually comes into force—it can be passed in this Parliament if that is what Parliament wishes to do—a resolution is passed by both Houses in the next Parliament saying that the Bill should now come into force. That is an attempt to deal with the dilemma in which we are placed, that we have a Bill in this Parliament designed to take effect in the next Parliament. Let me wrap it up: that is the effect of the Bill. It is not designed to take effect in this Parliament; it is designed to take effect in the next Parliament.

Therefore, it seems to me that in those circumstances, it is only just, reasonable and fair—and, indeed, constitutional—that that successor Parliament will have some say in whether and how the Bill comes into force. My amendment is not, I hope, a foolish one or a filibustering one. I said in my speech that it was not a filibustering one: it is not going to go on for very long, anyway. It is an attempt to square this very difficult circle in which we have been placed by the shenanigans of the party opposite, and particularly by the Government. The amendment aims to square that circle, by providing that, although the Bill is legislating for something designed to take effect in the next Parliament, the next Parliament will nevertheless have a direct say as to whether or not that should take place.

--- Later in debate ---

[Lord Liddle]

My Lords, this debate has raised another set of issues that need to be properly and thoroughly addressed before we put arrangements in place for any kind of referendum on our future in the European Union. On this side of the House, Members would be very sympathetic to the principle that my noble friend Lord Kinnock set out that we should have the broadest possible vote on this fundamental issue. I know the sort of arguments that some people might make against this. One is that that it would set a precedent for voting in general elections and local elections, but I do not think that it would. An EU referendum is fundamentally different; it is certainly not a vote for a councillor, an MP or a Government. It is a vote not for eternity, perhaps, but for generations ahead. The Prime Minister’s phrase about “no return ticket” comes to mind. It is a different type of vote from any other that we are likely to have in this country in the near future, and therefore needs to be considered differently.

There is a second, more low-level political point. Even now, with the debate that we have had, I am sure that we run the risk of seeing some headline in the Daily Mail that says, “Peers demand the vote for foreigners in British EU referendum”. I can well imagine that being the headline—and I see that the noble Lord, Lord Forsyth, thoroughly agrees with that proposition and thinks that such a headline would be right.

The question of EU citizens living in this country and of British citizens living in the EU has to be treated in the same breath. It is basically an issue about the people who have shaped their lives around the fact that we are members of the European Union. This referendum proposes to put at serious risk the rights to live, work, study, retire, marry, partner and do whatever else you want, which are enormous enhancers of human freedom. Let the UKIP people say how they would deal with these rights. As a simple matter of the rights of these citizens—both EU citizens here and UK citizens in the rest of the EU—this matter deserves the greatest consideration.

[Baroness Farrington of Ribbleton]

My Lords, I can see the noble Lord, Lord Forsyth, nodding at points on the issue of the views that may be expressed in the Daily Mail. I hope that your Lordships will forgive me if I remind the noble Lord, Lord Forsyth, that during the passage of the legislation to establish the Scottish Parliament he supported his much lamented friend John MacKay when he argued that the waiter from Brussels living in Scotland would have a vote but his daughter who worked in Brussels and was Scottish would not. I know that the noble Lord will make certain that the views he expresses on this Bill will be in line with his firmly held principles on that occasion.

[Lord Forsyth of Drumlean]

I have been tempted to rise. Actually I was not in this House when my late noble friend Lord MacKay was performing at the Dispatch Box, and the Scotland Bill is not a piece of legislation that I am associated with as a great friend. The noble Lord is making a very curious argument because in the Scottish referendum, Scots who have made their lives south of the border are being given no votes at all. It is very unfortunate that the noble Baroness should pick on Scotland as an example because it makes the case against her noble friend.