Brexit: European Union-derived Rights

Debate between Baroness Wheatcroft and Lord Rooker

Tuesday 4th April 2017 Lords Chamber

[Baroness Wheatcroft]

I thank the noble Lord. We are a very friendly Brexit club here.

I speak in support of both these Motions, which seem to me very moderate and reasonable. I know that my noble friend Lord Bridges is a very reasonable and moderate man and I hope that he will have no difficulty accepting them. However, perhaps it will encourage him a little more to know that, as regards the first Motion, my postbag has been full of letters and emails from UK citizens resident in Europe. They unanimously do not want to be used as bargaining chips. They want us to do the decent thing and to do it now because they know the damaging uncertainty that they are going through, and they would like people who come to the UK not to have to cope with that uncertainty. The wonderful thing is that this would also be enlightened self-interest on our part because, as even the Minister for leaving the EU has said, we need these people to stay. Already that is less attractive for them than it was, not just because of the changed climate but because of what Brexit has done to the pound. Those who want to send money back to the countries they come from are already finding that that is much tougher than it was. In the agriculture industry, for instance, wages are already having to go up, and food prices will therefore go up too. Therefore, we should do the decent thing, do it quickly and keep those people we need living here.

Secondly, having a Joint Committee is a very sensible thing to do. We need to be clear about what the vote is and when it is. A vote simply on the proposition, “Accept this deal or we are out of Europe without a deal” would be a travesty of parliamentary democracy and certainly would not amount to taking back control. I wonder whether the Select Committee might look at what we need to know before it is possible to vote on any deal, or no deal. Perhaps the Minister could tell us, for instance, when we might be clearer about what the border in Ireland might be, because for the people living in Ireland there is as much uncertainty as there is for EU citizens living in the UK.

[Lord Rooker]

My Lords, I support both the Motions but want to address the second one, or what is behind it: in other words, the role of Parliament.

I have much in common with the Minister. I was a remainer and I accept the vote count of 23 June. Indeed, there are not really two sides anymore but the language of contest is still used. It is because I am a democrat that I accept the vote count and it is because I am a democrat that I accept the rule of law. Parliament is sovereign, not the Government, and it is Parliament’s role to protect the rule of law. As such, it has to be Parliament’s role to consider and judge the terms of fundamental changes to our way of life. Governments come and go via Parliament, or in this case through an ill-thought-out advisory referendum held for more purposes than just to remain or leave the EU.

It is in my view more important to protect Parliament than the Government. A Joint Committee would help considerably in this respect. In fact, the Supreme Court case in some ways helped in respect of protecting the rule of law, and at some point will probably need to do so again. When the people voted on 23 June, it was simple—leave or remain. They knew that the Government’s view was to remain, as set out in the booklet sent to every home in the country. They knew then that the Government had abandoned the idea of an advisory referendum and that the decision would be implemented. They also knew that there was a set of rules around the decision, to the extent, for example, that it was not the Government who drafted the question but the Electoral Commission. They knew that there were rules about the funding of the two strands of opinion. Parliament had set out those rules so there was confidence. However, in the last couple of months, any informed person has to be concerned by the extensive reporting by Carole Cadwalladr in the Observer of 26 February and 2 April, to refer to just two of the very long articles. I have never met nor had contact with Ms Cadwalladr, but I contacted the Electoral Commission in February following the first of the three-page articles and received this response on 8 March:

“I can confirm the Electoral Commission has begun an assessment in respect of Leave.EU’s spending return at the EU Referendum to determine whether or not there are potential offences under the law that require investigation. Our assessment is focused on whether any donation—including services—was made by Cambridge Analytica or Goddard Gunster to Leave.EU; whether those donations, if any, were from a permissible source and whether Leave.EU spending return was complete. Given the high public interest in the returns submitted by campaigners, the Commission will announce the outcome of its assessment in due course”.


I suspect that that response will be made public to others.

Accepting the vote count of 23 June, therefore, we need Parliament to play a key role, as via these proposed Motions. There must be concern that the major donor to Leave.EU is now quoted as saying:

“I don’t give a monkey’s what the Electoral Commission says”,


and:

“We were … cleverer than the regulators and the politicians. Of course we were”.


To me, that is an admission of “cheating”—that they were cleverer than the regulator, the Electoral Commission. The self-confessed cheat Mr Banks is planning to unseat “bad MPs”, via an unregistered organisation. Therefore, Parliament itself is now under threat from dark money, as we have not yet passed the legislation introducing unexplained wealth orders—I suspect that he will be the first candidate for one of those.

Passing these two Motions will send a signal to those who threaten democracy with secret funds and by cheating election regulators. Indeed, it is a wake-up call which, if we fail to answer it, will put Parliament, not the Government, in peril. When I hear a Brexit extremist raise these concerns, I will know the battle of the referendum is over and the battle for Parliament has begun.