Northern Ireland (Executive Formation) Bill

Baroness McIntosh of Hudnall Excerpts

Committee: 1st sitting (Hansard): House of Lords
Monday 15th July 2019 Lords Chamber

[Lord Forsyth of Drumlean]

I am most grateful to the noble Baroness for the support she has given to what the majority of people in this country wanted to see happen, but I point her to the opinion polls, which show that hers is a minority view. Most people in our country now want this matter finished, so that we can get on with attending to the biggest issues we face—whether social care, education, taxation or anything else—and that is what we should be getting on with.

I make one last point, which arises from what the noble Lord, Lord Pannick, said when he wrongly implied that my noble friend was attacking a particular individual; he mentioned Gina Miller. I pay tribute to Gina Miller; she has done a brilliant job. Had it not been for Gina Miller, we would not have been forced into passing the legislation that, by law, requires us to leave on 31 October. I say to the noble Lord moving this amendment: beware of Gina Miller and the law of unintended consequences. By seeking to frustrate the wishes of the people, you will put the reputation of Parliament and the standing of this House in jeopardy.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, before the noble Lord resumes his seat—I see he already has—could he just explain why, if the matter is as straightforward as he puts it to us, it has been so difficult for his right honourable friend Mr Boris Johnson to make it clear that it does not require prorogation to achieve the outcome he is looking for—that we leave the European Union on 31 October? So far Mr Johnson has refused to make that clear. Can the noble Lord suggest why that might be?

[Lord Forsyth of Drumlean]

Yes. I voted for Mr Johnson —I look forward to him becoming Prime Minister—because he seems to understand that the first rule of negotiation is not to make any concessions in advance of carrying out the negotiation. It is a foolish person who asks, “Will you make this or that concession?” and agrees to it along the way.

The very fact that this amendment is before us indicates that he is up against a Parliament in which some three to one in the House of Commons wish to reverse—or certainly voted against—the decision of the British people. I believe he will go into these negotiations from a position of strength, whereas I regret to say that his predecessor went in offering money before there was anything in return. The withdrawal agreement is an agreement to have a further negotiation about a whole range of things, including fishing, trade and other matters. We will be in good hands with Mr Johnson if he becomes leader of the Conservative Party. His approach to negotiations is entirely correct.

[Baroness McIntosh of Hudnall]

My Lords, with great respect to the noble Lord, I do not think he has answered my question. In the light of what he has just said, does he believe that the use of Prorogation to bring this matter to a close is part of the incoming Prime Minister’s armoury and should therefore be retained in that position? If he believes that, does he think the use of Prorogation in such circumstances appropriate?

[Lord Forsyth of Drumlean]

I recall hearing complaints not so long ago from the Front Bench of the noble Baroness that this Parliament should have been prorogued earlier because not enough opposition days were being provided and it had gone on too long. When Parliament should be prorogued is a matter for the Executive of the day. This amendment and debate are a distraction from the main issue we should be concerned about; in the case of this Bill, Northern Ireland and our Brexit negotiations, putting in place the necessary preparations—

Northern Ireland (Executive Formation) Bill

Baroness McIntosh of Hudnall Excerpts

Report stage (Hansard): House of Lords
Wednesday 17th July 2019 Lords Chamber

[Lord True]

The noble Lord also said other things, which the Hansard writers will record, including his saying that somehow a power was being conferred on Mr Johnson to do something that Mr Johnson has never said he would do, which is to advise the monarch to prorogue. That has been an inherent right of the Prime Minister and of the Crown for generations. It is an absurd statement, I am afraid, by my noble friend.

The first reason that these amendments should be resisted is, of course, one that I share but most of your Lordships will not: they are clearly designed to frustrate one route to Brexit on 31 October. That is freely admitted by all concerned. I can see that that is not a clinching argument with many of your Lordships, and, if we have learned anything in this House, it is that there is a dialogue of the deaf in this place between the remainer majority who wish to stop at nothing to prevent Brexit and those of us in the minority who believe that the vote of the public should be respected.

I fear that your Lordships’ House is getting itself into a worse and worse place in resisting Brexit. The very future of your Lordships’ House is now in play. That was made clear, not by me, but in the recent campaign for the European elections. I think these amendments take us to the outer fringe of where an unelected House should go.

The second strand of why I think they should be rejected is this canard of “constitutional outrage”, et cetera. This is an Aunt Sally. Mr Johnson—its target—has never said that he would use Prorogation to secure Brexit on 31 October. This danger, this threat, this crisis, this calamity, this catastrophe, this outrage—it is all got up by the remainers.

[Baroness McIntosh of Hudnall (Lab)]

What the noble Lord says is clearly true, and I do not dispute it. However, Mr Johnson has been invited on a number of occasions to say specifically, in terms, that he would not use that device, and he has declined to do so. Would the noble Lord agree that that is the case?

[Lord True]

I think in life it is never good to answer the question, “Have you stopped beating your wife?”. The incoming Prime Minister—I will come to this point later.

--- Later in debate ---

[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

My Lords, I should tell the House that if Amendment 11 is agreed, I cannot call Amendment 11B by reason of pre-emption.

Amendment 11A (to Amendment 11)

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