European Union Bill

Baroness Nicholson of Winterbourne Excerpts

Wednesday 13th July 2011 Lords Chamber

Finally, on my third point, I support this amendment because the lack of flexibility given by the Bill, if it were to pass and become an Act, is a major danger. It imports rigidity into the whole British approach to Europe and, by transposition, it risks importing rigidity into the whole evolution of the European Union. Institutions that do not have the means to reform and adapt themselves become fragile and risk falling out of contact with what they are meant to be doing. This is a really serious problem being caused here, and these rigidities are liable to damage both the European Union and our own national interests. The purpose of the amendment is to provide a little bit of flexibility where none exists in the present Bill, which is why I support it.

[Baroness Nicholson of Winterbourne]

I was attempting to persuade the noble Lord, Lord Liddle, to give way during his very impassioned defence of this particular Motion. I merely wish to tease him a bit for one moment by saying that it is clear that he does not understand the readership of the Daily Mail—and I am sure that that is the case, as it does not appear to be his favourite reading, from what he said on an earlier intervention. But I do not think that he absolutely understands the Liberal Democrats either. Indeed, I am not actually sure that he listens to the Liberal Democrats. The noble Lord, Lord Wallace, made it absolutely plain in his statement that he was a Liberal Democrat, and I too, as the noble Lord, Lord Liddle, knows, belong to that party.

None the less, the noble Lord, Lord Liddle, made a very serious and profound point, which was reflected in his signature to the important letter to the Times today, which the noble Lord, Lord Hannay, and other immensely eminent noble Lords have signed also. The point, of course, is that the issues reflected in the EU Bill for referendums are of “fundamental constitutional importance”, to quote the letter. The statement made in the letter, which he reflected again today in his speech, is that:

“The Parliamentary Constitution Scrutiny Committee recommends that referendums should be confined to changes of fundamental constitutional importance”.

Of course, economy of the truth is something that others, maybe even Secretaries to the Cabinet, have used to great effect. While I personally disagree profoundly with him on losing a national veto over key areas outlined in the Bill being regarded as of “fundamental constitutional importance”—I think they should be—none the less, I take issue with the noble Lord for the way in which he has clipped the important statements made by the Constitution Committee in its report on referendums in the UK. The report goes on to say:

“There are difficulties in defining what constitutes a ‘fundamental constitutional issue’. Although some constitutional issues clearly are of fundamental importance, and others not, there is a grey area where the importance of issues is a matter of political judgment”.

The committee did,

“not believe that it is possible to provide a precise definition of what constitutes a ‘fundamental constitutional issue’”.

While it is,

“possible to set out in legislation specific issues which should be subject to a referendum”—

[Baroness Quin]

I am grateful to the noble Baroness for giving way. I was a member of the Constitution Committee and was very active in promoting the report on referendums. The noble Baroness should recognise that the committee as a whole was very sceptical about the use of referendums, which it wanted to be used only in very limited circumstances.

[Baroness Nicholson of Winterbourne]

I thank the noble Baroness. Of course she is absolutely correct. She was a member, so how can I argue with her? None the less, on the record the committee pointed out that Parliament should judge what issues will be the subject of a referendum.

I feel profoundly that that is why the other place has clearly supported all these issues that other noble Lords are seeking to remove. The other place has the touchstone of having the pulse of the electorate—after all, the other place is elected. In recent months, four out of five members of the public have said that they believe that transfers of sovereignty should be put to referendum, so I really think that noble Lords would do best to withdraw their opposition to the other place’s position and not press Motion B to a vote. I think it would be an error of judgment on their Lordships’ part.

[Lord Grenfell]

My Lords, I warmly support the amendment in the name of my noble friend Lord Triesman and which has been spoken to so eloquently by my noble friend Lord Liddle.

Occasionally, the peoples of small countries can give those of larger countries some salutary advice. Yesterday I had the pleasure of a meeting and a long discussion with the president of the Slovenian upper Chamber. We were discussing very openly the current political malaise in Slovenia—it is doing very well economically but there is political malaise there—and the fact that the people of Slovenia were completely turned off by the political class, both the Government and the Parliament. We were told that one of the major reasons for this was that they are fed up with having referendums. They are saying to the Parliament, “We elected you to take decisions and to govern, and a Government are there to govern, so why can you do nothing without first asking the people in referendums? We elected you to take those decisions”. I think that they have a point. This is a country that, not so long ago, had no democratic institutions at all. It had no means by which people could express their opinions; they have them now. What is their reaction to the massive referendums to which they are subjected? They say, “That is not the way we want to be governed. We did not give up the yoke of communism to be governed in this way”. Perhaps occasionally it is a good idea to listen to small countries.