European Union (Withdrawal) (No. 5) Bill

Lord Adonis Excerpts

2nd reading (Hansard): House of Lords
Thursday 4th April 2019 Lords Chamber

[Lord Adonis (Lab)]

My Lords, it is a privilege to follow the noble Lord, Lord Anderson. He is absolutely right to highlight the issue about the procedure following a counterproposal. My understanding is that discussions that include the Government are under way on this. Perhaps the Minister might be able to indicate to us at the end of the debate whether the Government themselves will be tabling an amendment on Monday. The Minister is shaking his head and saying they will not, so I think the House will take careful note of that in terms of where it might go next.

In his brilliant speech introducing the Bill, my noble friend Lord Rooker said that the Prime Minister had the reputation of being the most law-abiding person in the country who, even when she was late for an engagement, travelled at precisely 29 miles per hour in her official car. As a former Secretary of State for Transport, I am delighted that she observes the speed limit in that way. However, the big problem that we in this country face at the moment is that she is accelerating the country at about 100 miles per hour towards the cliff edge. We are seeking to decelerate the car very rapidly to see that we do not go off the edge of a cliff but stop, take stock as a country and do something far more sane and sensible than that.

If we had complete trust, there would not be a need for the Bill, but I am afraid a pattern of behaviour has grown up over the past year. There was the first meaningful vote, which became meaningless when the Prime Minister lost it, and then the second meaningful vote, which then became meaningless. There was the clock that was not supposed to be run down but is now practically at zero. That pattern of behaviour has led Parliament and responsible parliamentarians to believe quite rightly that without a legal backstop, which is effectively what we are legislating for, there is a real danger that things could go seriously wrong next week.

The noble Lord, Lord Anderson, is right to say that the procedure in the Bill does not make it absolutely impossible for no deal to take place but makes it much less likely because it imposes a process of parliamentary accountability and debate, both beforehand and afterwards, which makes it extremely unlikely that no deal would happen. The reason it makes it extremely unlikely is that the considered and firmly declared will of Parliament is that we should not have no deal. That has repeatedly been the vote of the House of Commons, by 400 to 200 votes when a view on that specific proposal was last expressed. The majority of one on this Bill is very misleading, because it is due to concerns about whether it is correct to limit the royal prerogative in the way that is being done at the moment. I take careful note of the remarks of the noble Lord, Lord Norton, on that.

It is very important to address the underlying issue, which is the crisis facing the country: does Parliament want no deal? The House of Commons could not have been more emphatic on that. It does not want no deal. However, because it does not have sufficient trust in the Prime Minister to ensure that no deal is removed from the equation, we have this legislation.

The noble Lord, Lord Forsyth, in unjustly derogatory remarks about Sir Oliver Letwin earlier, missed the point that Sir Oliver has been performing a very valuable public service. He has effectively made himself the leader of a massive parliamentary majority encompassing all sides of the House of Commons and the overwhelming majority of Members of your Lordships’ House, who do not want to see the country trashed next week by an inadvertent move towards no deal. Introducing his Bill yesterday, at the beginning of the debate in the House of Commons, Sir Oliver said,

“there should be a transparent and orderly statutory process or framework within which the House has an opportunity to consider the length of the extension that is asked for and to provide the Prime Minister with backing for her request to the EU in an unequivocal and transparent way”.—[Official Report, Commons, 3/4/19; col. 1060.]

That is a laudable and very necessary objective for Parliament to secure, which is why we are attending to these matters so late on a Thursday evening and will not rest until we have enacted the Bill.

The big question which then faces us as a country is: what do we do once we have this long extension? We are in the middle of a very deep political and constitutional crisis, because of our inability to light on a policy which is sustainable for the nation. The noble Lord, Lord Howard, who is no longer in his place, gave a very simplistic answer to the question. I am afraid that, to my mind, that simplicity is born of a fundamentalism I find extremely unattractive. He said the House of Commons voted three years ago to delegate the decision on what we will do as a country to the people. This goes to the fundamental issue facing Parliament and the country at the moment. Three years ago, all that the country was asked to vote on—the only option people were given—was four words: leave the European Union. That was the option on the ballot paper. There was no detail.

As has now become clear, the people behind the leave campaign all had inconsistent and often contradictory objectives about what they wanted. Some said we would stay in the customs union and keep freedom of movement; some said we would not. As the negotiations have proceeded—I give the Prime Minister credit for doing her best in the negotiations—it has become clear that we cannot achieve the objectives set out three years ago. Not only that, but the Prime Minister’s own objectives, set out in her Lancaster House speech of January 2017, cannot be achieved either.

When faced with a situation in which promises made cannot be kept, the country faces a very deep crisis and circumstances have changed radically, what do you do? Do you continue to accelerate at 100 miles an hour towards the edge of a cliff? Or do you decelerate, stop, take stock, be reasonable and—this is highly appropriate—give the country the opportunity to make a judgment on whether it wants to proceed with Brexit on the terms negotiated by the Prime Minister or stay in the European Union?

The situation we face reminds me very much of a Sherlock Holmes novel. I was reminded of it because I have been speaking up and down the country on Brexit recently. Two weeks ago, I was in Crowborough, where Sir Arthur Conan Doyle lived. Indeed, I had my photograph taken next to his statue. I had to get a special angle for the photo, because it is next to a Wetherspoon’s. For reasons noble Lords may understand, I was very keen to have Sir Arthur Conan Doyle in the picture, but I was not so delighted to have a Wetherspoon’s in it. I managed to get the right angle, however, and those who follow me on Twitter can see the picture.

In The Sign of the Four, Sherlock says:

“How often have I said to you that when you have eliminated the impossible, whatever remains, however improbable, must be the truth?”


That is the situation the country now faces. The impossible have been eliminated: no deal; the Prime Minister’s deal; different variations of the Prime Minister’s deal; and supposed alternatives to the backstop, which simply have to be called alternative arrangements because they do not exist and cannot be defined. In a wonderful Orwellian twist, not having any alternative arrangements, what have the Government done? They have set up an alternative arrangements working group. You could not make it up. But there are no alternative arrangements. We will not have a frictionless border in Northern Ireland in the cloud and so on—it does not exist.

In this situation, the only sensible policy for the state that now exists is to take the best deal that can be negotiated, which is the Prime Minister’s existing one—at least that is technically possible to implement, because it has been negotiated—and put that to the people, with the alternative being to remain in the EU. In the conversations taking place between the Prime Minister and the leader of the Opposition, I believe it would be possible to forge a compromise on that basis.

[Lord Howell of Guildford]

The noble Lord is both wrong and right. He is right that the referendum was a simple choice. What did it show? It was not a decisive view either way; it showed that the country was deeply divided and confused. I think Sherlock Holmes or Dr Watson would say that the answer to all this must be a compromise, because the country is divided. Why does the noble Lord think that, in putting a further referendum to the country, things would be any different? We would still have a divided nation, maybe with a slight majority one way or the other, and there would still be a need for compromise. Is that not obvious?

[Lord Adonis]

I am precisely proposing a compromise, which is to take the Prime Minister’s deal, which is the best deal that can be negotiated if we are to have Brexit, and put it to the nation, with the alternative option being to stay in the European Union. That is a compromise that would bring both sides together. The compromise I do not think it is possible to have, which I know the noble Lord, Lord Howell, hankers after, is some half-bastardised form of Brexit. We have spent month after month searching for that and I am afraid that, like the holy grail, it does not exist.

[Lord Bilimoria (CB)]

I thank the noble Lord for giving way. I say to the noble Lord, Lord Howell, that people were confused three years ago. Does he agree? Now they are much more informed, so they can make a much more informed decision. It is not fair to compare that with the people’s decision three years ago.

[Lord Adonis]

The noble Lord makes a very powerful further argument for the second referendum. I support his argument; he will make his speech later and I hope he will develop that important point. I say to the noble Lord, Lord Howell, that, because we have not been able to produce a Brexit that lives up to the promises made three years ago, and because there is not—let us be frank—a parliamentary majority prepared to support it on principle, I think the only compromise that is now viable for the country at large is to put that deal to the people, because it is technically possible to implement it, but with an alternative option to stay in the European Union. It is my view that the majority will vote for the option to stay in the European Union because it is now so obviously preferable to the Prime Minister’s deal, and the £39 billion that we would pay the EU for worse trade and economic terms than we have now—the arguments go on. The people could make that judgment.

I will make one final remark about the situation we now face. One former leader of the Conservative Party, the noble Lord, Lord Howard, has spoken and made a very hard-line speech, if I may say so, about how we need to leave with no deal. An equally significant intervention was made this week by another former leader of that party, a Member of this House who, alas, is not in his place and speaking this evening, the noble Lord, Lord Hague of Richmond. On Tuesday, he wrote an article in the Daily Telegraph and it is very important for those engaged in the Brexit debate to read it. I would particularly recommend it to noble Lords on the Conservative Benches and maybe even more so to Conservative MPs, many of whom, from my watching of debates in the House of Commons, have become extremely hard-line and militant on this issue of the need for a no-deal Brexit.

This is what the noble Lord, Lord Hague, wrote:

“Do not underestimate … the immense danger of continuing to pull apart from each other while the public looks on with an irritation that is now turning to dismay, and at any moment could turn to anger … the Conservatives are inevitably identified with the Brexit project, for good or ill, and slowly, steadily, the case for Brexit is being lost … The Conservatives … face the terrible double prospect of voters shifting away from supporting their central policy, while those who do support it become enraged by the failure to deliver it … My advice to my old colleagues is therefore this: if you don't get Brexit over the line now, it will probably never happen”.


Brexit has not been got over the line; it will probably never happen. The right thing for the nation, and maybe even for the Conservative Party, is for it to be buried, for the nightmare to end and for us then to carry on our national life in a much better prospect.

--- Later in debate ---

[Lord Fairfax of Cameron (Con)]

My Lords, it is a great pleasure to follow the noble Lord, Lord Howarth. I want to adopt many of his points, which I would have made myself. Speaking in this temple of remain, one often feels like a Spartan facing the 100,000 Persians. I am glad that the noble Lord, Lord Adonis, appreciates the analogy, given the part of the world his family originally comes from.

I must say, Parliament and the majority in this place are out of step with the country. I was going to refer to several statistics, but they have already been referred to by previous speakers so I will not. However, I have one that I think has not been mentioned. A recent poll—in the past week, I think—said that 55% of all voters believe that Parliament is trying to stop Brexit. That is worrying. The reason for that is obviously the great disconnect between the current constitutional make-up—of the House of Commons, in particular—and what happened in the referendum. We all know the referendum numbers but, apparently, about 500 MPs in the House of Commons voted to remain and only about 160 voted to leave. That is the reason for the disconnect we now face. I am afraid to say that, in accordance with that poll, Parliament is perceived as seeking to steal Brexit from the people; that is many people’s perception.

The noble Lord, Lord Cormack, referred to palpable anger in the context of the earlier debate. There is palpable anger out there, outside this place, from people who believe Brexit that is being stolen from them. In this regard, 15 days ago, Justine Greening—a prominent remainer, of course—said:

“We can do a clean-break, hard Brexit, which I know many MPs want, and I respect that. Indeed, the millions of people who voted to leave had that kind of Brexit as their expectation”.—[Official Report, Commons, 20/3/19; col. 1117.]


That supports the point I have been trying to make.

I will also make a point about no deal that is not related to Brexit at all. Anybody in this House with any experience of life, particularly of business or negotiation, would tell you—common sense also tells you—that in any negotiation, your counterparty should always know that you could walk away. Take away that credible threat and—similar to what the noble Lord, Lord Pannick, said earlier—you are naked in the arena and have effectively raised the white flag of surrender. I am afraid to say that, in my view, this Bill does exactly that.

One or two noble Lords have spoken about the possible economic consequences of a no-deal exit. I will make just a couple of points. No one expects there to be no consequences of a no-deal Brexit—I want to make that clear—but many, including many businessmen, consider them manageable. Also in regard to no-deal planning, I refer to the resignation letter yesterday of Chris Heaton-Harris, the Minister in DExEU responsible for no-deal planning. He said that there has been an awful lot of no-deal planning by the Government and that, if anything, the Prime Minister appeared not to have been properly briefed about the extent of it. By implication, what she was saying in the public domain did not reflect that position.

A few speakers, including some from the Front Benches, have spoken about how a no-deal exit—a WTO exit—would be a disaster for business; the noble Lord, Lord Stern, referred to evidence, and so on. It depends where you choose to take your evidence from. We all know what the CBI, representing big international business, says, but that is not the evidence from the Alliance of British Entrepreneurs or from an entrepreneurial businessman I know, who told me, “Despite some disruption, especially initially, business will sort out its problems pretty quickly. That’s what business does”.

Closer to home, I pray in aid my youngest brother, who employs more than 100 people in manufacturing in the West Midlands. He exports to more than 30 countries worldwide, including several EU countries, and is the recent winner of the Queen’s Award for Enterprise: Innovation. I asked him what he had to say on this subject. He said, “A little short-term inconvenience is a small price to pay for a healthy long-term economic structure”. There are different points of view here; it is quite wrong to suggest that business generally thinks that it will be a disaster. That is a gross misrepresentation and distortion of the position.

I was going to go on and make a point that the noble Lord, Lord Howarth, made before I spoke: in fact, business fears not a no-deal exit but uncertainty. Ask any businessman about that. It is about uncertainty. I am afraid that a prolonged and substantial extension would only aggravate that.

I have just a couple more points to make. I would like to say something about the position of the House of Lords, as one or two speakers in the debate have already touched on. In view of the admitted democratic deficit we have in this House and its delicate constitutional position, you might think that this place would tread carefully in opposing a majority decision of the people in a referendum. However, I am afraid that that does not appear to be the case. As I think someone else said, this place does not appear to have the self-awareness, to use that phrase, to look at itself. Outside this building, the Westminster bubble, central London and so on, everything looks rather different.

[Lord Adonis]

My Lords, does the noble Lord not think that we should take our lead from the House of Commons, which is of course elected and sent this Bill to us?

[Lord Fairfax of Cameron]

As I tried to say earlier, there is a massive disconnect between the current composition of the House of Commons and the outcome of the referendum. Earlier, someone—the noble Lord, Lord Willoughby, I think—quoted the Government’s pamphlet before the referendum; I was not going to repeat it. It said, “This is your decision. The Government will implement what you decide”.

[Lord Adonis]

Is the noble Lord saying that the House of Commons should not be expressing a view on the conduct of Brexit either? That is quite a fundamental revision of our parliamentary democracy.

[Lord Fairfax of Cameron]

I am saying that 55% of voters at the moment apparently thinking that Parliament is attempting to steal Brexit or stop it is not surprising in view of some of the things that have been going on recently.

Moving on from what I was saying, the majority of the country feels betrayed by what is happening. The contract between the elected and the electors has been fractured, and the consequences for democracy and the constitution of this country are potentially very serious. The Brexit genie is out of the bottle and will not be put back in again. At the moment, it looks to people like me as though the battle for Brexit may be lost, but as Monsieur Barnier would say, “La lutte continue”. Speaking as a Conservative, I regret to say that the Prime Minister is presiding, and has presided, over a national humiliation. In my view, I am afraid that this Bill will serve only to aggravate that humiliation.

--- Later in debate ---

[Lord Liddle]

I understand that, but you would think that they are the only people who count. What about the 6 million people who in the past two weeks have signed a petition to revoke Article 50? That is one of the biggest demonstrations of support for remaining in the European Union that we have seen. What about the 1 million people who went on the march? Are they just part of the London bubble and do not represent anyone outside London?

[Lord Adonis]

I thank my noble friend for giving way. How many of the 17.4 million does my noble friend think voted for a no-deal Brexit, six weeks’ worth of medical supplies, the M20 becoming the largest car park in Europe, the ports not working, international driving licences having to be introduced and so on? Does he think that more than perhaps a few hundred thousand voted for those particular horrors?

[Lord Fairfax of Cameron]

Is the noble Lord inviting me to respond? Of course I will if he wishes me to do so.

European Union (Withdrawal) (No. 5) Bill

Lord Adonis Excerpts

Committee: 1st sitting (Hansard): House of Lords
Monday 8th April 2019 Lords Chamber

[Lord Robathan (Con)]

My Lords, in rising to support my noble friend, I am somewhat confused because this is a Private Member’s Bill that was absolutely pushed by the noble Baroness, Lady Hayter, who is not here today, from the Labour Front Bench only on Thursday. It was then taken forward by the noble Lord, Lord Rooker, who is not here today, and now it is being taken forward by the noble Lord, Lord Robertson. I am sure that that is all normal, but this is a huge constitutional step which seems to have, as my noble friend Lord Forsyth said, no parents. This is a very important step and we seem to be drifting into it without any considered thought at all.

[Lord Adonis (Lab)]

My Lords, what has just been demonstrated is that the Bill has many parents and very wide support across the House. The point made by the noble Lord, Lord Pannick, is completely conclusive. It is for the House of Commons to decide what the date should be. The Commons have invited us to give them this power, and I think that we should get on with it.

[Viscount Trenchard (Con)]

My Lords, I apologise for having failed to speak in the debate on Second Reading. I had to leave London early on Friday to attend a memorial service the following day. I was pleased to see that the normal operation of the usual channels was restored on Thursday, although I deplore the fact that the closure Motion procedure was excessively and improperly used. Indeed, I would guess that it was used more times than in the previous decade or more—I would like to know. The result was that I was unable to speak either in the debate on the amendment to the business Motion moved by my noble friend Lord Forsyth or in the debate on that tabled by my noble friend Lord True. Of rather more significance than my ability to speak, however, is the fact that the use of the closure procedure denied both my noble friends the right to reply to the debates on the amendments that they had moved.

As my noble friend Lady Neville-Rolfe illustrated so well at Second Reading, the nature of business in the UK Parliament and the UK Government seems to be increasingly last minute. It is simply unacceptable to try to rush through a Bill of such huge importance without proper time to consider its implications. It makes a mockery of our parliamentary democracy. The Bill received a Second Reading in the other place by the narrowest of majorities: just one vote. It is deplorable that many noble Lords thought it was nevertheless appropriate to suspend the normal procedural rules of this House—

--- Later in debate ---

[Viscount Trenchard]

I hear that the noble Lord thinks that, but I regret that I take a different opinion. I have apologised for not having been present at the debate on Second Reading for the reason I have given, but this morning I took the trouble to read virtually the whole of the debate.

[Lord Adonis]

My Lords—

[Viscount Trenchard]

No, I would like to finish so I will not give way to the noble Lord again. It is therefore strange—