European Union (Withdrawal) Bill

Lord Adonis Excerpts

Report: 4th sitting (Hansard): House of Lords
Monday 30th April 2018 Lords Chamber

The amendment gives Parliament the option—and only that—of a referendum if, once a deal or no deal is on the table, the will of the people is that they should have a vote on it. Parliament should then be able to grant it. The amendment gives Parliament that power, so I support it.

[Lord Adonis (Lab)]

My Lords, I strongly support the amendment and, along with many of my noble friends, I will vote for it.

Few of us would have started from here. Most of us are in the position of the now-famous maiden aunts of the noble Lord, Lord Lisvane, who turned up at the Odeon next to the Electric Ballroom on 23 June 2016 to find that only two films were showing: “Reservoir Dogs” and “The Texas Chain Saw Massacre”. I am now in a position to tell the House what happened after they went to the cinema. They have been in touch and told me that they decided to return home without watching either film. With the noble Lord’s help, they put a DVD on. It was Alfred Hitchcock’s “Psycho”. They are still watching it in slow motion. To their horror, the point they have reached is that of Janet Leigh about to go into the shower—or, to be more precise, she goes into the shower on 29 March next year, in 333 days. The big question facing your Lordships and the country is this: is there a better ending to the film, knowing—as we do—that the British people will suffer serious harm if Brexit proceeds, but equally that we are a democracy and believe in the will of the people?

The only way I can see of deciding Brexit democratically, with a real option to reject it, is a referendum on Mrs May’s withdrawal treaty after she presents it to Parliament this autumn. Like many noble Lords, I am not a fan of national referendums for all the reasons that Churchill and Attlee banned them in post-war Germany. The imperative for a referendum on the Brexit deal is that we currently have a Government in office who believe that they are operating under an instruction from the British people two years ago to withdraw from the European Union. If that view turns out not to be supported by a majority of the Members of the House of Commons when they consider the exit treaty in the autumn but the Government present the treaty as a matter of confidence—which they surely will, and must, given its centrality to government policy—the only constitutional course is for the people to judge whether the Brexit treaty is their considered will or their considered will is to stay in the European Union. This could take the form of a general election but we have already had two of those in the last three years so a referendum looks like a highly credible option.

I want to make three quick points. First, I say this to my noble friends: the amendment straightforwardly supports Labour Party policy. The resolution on Brexit, passed unanimously by our conference last year, stated:

“Unless the final settlement proves to be acceptable, then the option of retaining EU membership must be retained. The final settlement should therefore be subject to approval, through Parliament and potentially through a general election or referendum”.


That is party policy and what the amendment enshrines in law.

Secondly, it is important not to be distracted by subsidiary issues. Is the time ripe? In my experience, the time is never completely ripe, but this is probably the only chance we will get before the withdrawal treaty so there is not much time left and we should seize it. What about the referendum question? Parliament will decide on that; of course, as said by the noble Lord, Lord Butler, it will be a decision between the treaty and staying in the EU, because if the majority of MPs are for a referendum, that is the choice they will want to put before the country. Is a referendum too divisive? Well, it will be, but nothing like as divisive as when Brexit goes badly wrong, there is a search for scapegoats and we have to try to get back into the EU after we have left.

Finally, I want to make a point about abstention, which, to my great regret, is my party’s whip. On the great issues of life and politics, it is hard to abstain with dignity and self-respect. All of us will be asked what we did. I for one do not intend to say, “I abstained”. I will say, “I voted for the British people to be in control of their destiny at a moment of supreme national crisis”.

[Lord Brown of Eaton-under-Heywood (CB)]

My Lords, I abstained on the last vote because I thought that many of the arguments against that amendment were very powerful and it was, in many ways, a defective amendment. However, I strongly support this amendment. I have no such doubts. I support it even though I readily recognise that it is entirely possible—many people think, highly likely—that in a further referendum, the vote would again be in favour of leaving. This time, I suggest there is much to be said for making the next referendum, unlike the first, legally binding, with no question of “neverendums”.

Of course, the public have already voted, and certainly that vote—although not legally binding—made it imperative that we give an Article 50 notification. We have done that and continue to explore what terms for leaving the EU are available to us. The public cannot yet vote on those available terms, but why should they not eventually be allowed to do so? Surely not even the most fervent Brexiteer would argue that a further referendum would not present the public with an altogether clearer, and better informed, choice than last time. Why would that not be properly regarded as giving them a further choice and further respecting, rather than betraying, the earlier expression of the popular will?

I have struck out a great deal from what I was intending to say because much of it has already been said by others. However, I should deal with one further point. An argument, which I confess initially troubled me against a further referendum, is this: because the other 27 countries would prefer us to remain, as I think most people believe, if there is a further referendum, they will make the terms of leaving as unattractive as possible to maximise the chance of the public rejecting the deal on a further vote. So, it is said, a commitment to a further referendum would compromise our negotiating position. But I have concluded that, ultimately, that is a completely unreal objection.

In the first place, given that a further vote could very well still, as I say, be to leave, and that if, finally, we were to do so, then it is patently in the interests of all the EU states that we leave on mutually beneficial terms. I do not believe that the proposal of a further referendum would, in truth, worsen those terms. But put that thought aside. The plain fact is that, in any event, there is an obvious and powerful reason why the remaining 27 will not wish to allow us too favourable a deal—namely their concern to discourage from leaving any other state which is possibly inclined to exit the Union as we now propose.

One other point I will touch on is that made by my noble friend Lord Green of Deddington. I am not sure that the noble Lord, Lord Butler, quite appreciated it. What I think my noble friend Lord Green said is: how do we know that we will not, if we vote to remain, lose the rebate and our right not to be within euroland? The noble Lord, Lord Kerr, has made it plain—there is nobody better able to do this—that, in his view, a right to withdraw our notification must inevitably leave us in the same position as we started in. I support that view too. Again, given that the other 27 would want the vote to be to remain, I think that they would readily make that clear.

In short, the case for the public to have the final vote on this really most momentous of issues, perhaps in many of our lifetimes, now seems to be overwhelming and I urge your Lordships to support it.

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[Lord Grocott]

I am really grateful to my noble friend for pointing out that, if circumstances change, there is a case for a further referendum. During the 41-year gap between the 1975 referendum and the further referendum, the European Union became unrecognisable in comparison with the institution that was voted for in 1975. It went from nine members to 28; it introduced the single market; the powers of the Commission changed beyond all recognition, as did the circumstances in which the European Parliament met. Once again, if there was anyone in this House who during that period said, “Really, things have changed quite dramatically; it is now a different proposition”—to use my noble friend’s expression—“and we ought to have a second referendum now to see whether the people still agree with what they said in 1975”, I did not hear that. It is another speech that I must have missed; I keep missing speeches. There was no acknowledgement, so far as I could see, that, because circumstances changed between 1975 and 2016, there should be a referendum. On the contrary, every time a further referendum was raised, any remainer—if I can describe it in those terms—was vehemently opposed to it. Now we have the irony of people who are opposed to one referendum wanting two.

The argument frequently used—I do not know whether this was what my noble friend was getting at—is that when people voted leave, they did not really know the full details and consequences of what they were voting for. I have had the privilege of representing two parliamentary constituencies, both of them very large. I have spoken to thousands, maybe tens of thousands, of people. I never found anyone in either of those parts of the country who got confused by the meaning of the word “leave”. Yet for some strange reason, in the immediate vicinity of Westminster there are large numbers of able people for whom the meaning of the word tortures them. They go into paroxysms of uncertainty about precisely what is meant by leave.

I know what leave means: at the very least it means you do not have to continue to obey the rules of the organisation you are leaving. I would also argue that if you leave an organisation you do not have to carry on paying the subscription. My noble friend Lord Adonis supports me in the words I am saying: he left the Liberal Democrats and joined the Labour Party—an excellent move; I commend him for that decision—but I very much doubt whether he continues to pay a subscription to the Liberal Democrats. When you leave an organisation, you do not pay the subs and you do not obey the rules; it is pretty simple.

[Lord Adonis]

It is true that I do not pay £39 billion to the Liberal Democrats; that is going to be the cost of exiting under the agreement that Her Majesty’s Government have reached. Would my noble friend refund the voters that £39 billion as part of his arrangement for leaving?

[Lord Grocott]

That £39 billion is a lot less, of course, than the amount we would need to pay in if we remained in for a further 41 years—the figure 41, he may remember, is of particular interest to me.

The other thing I have noticed about so many of these discussions—I have to tie myself down and not jump up every time it is mentioned—is the psychic powers of the remainers, which I am really in awe of. Hardly any remainer I have come across does not know precisely why the leave voters voted the way they did. We keep being told that people definitely did not vote to leave the customs union. People definitely did not vote to leave the single market, we are told. I do not know whether that is true or not—I do not possess these psychic powers—but I can say as a matter of fact that we definitely did not vote to remain in the European Union. That is a certainty as a result of the last referendum.

People say it is not really a second referendum; they are different questions. One question remains on both the referendum we have had and the one that is being proposed. The option to remain is there, so if you did not vote first time to remain, you get a second chance to remain. You do not get a second chance to leave, in a straightforward decision. So I find it increasingly unconvincing that the motives of those seeking a second referendum are an ardent desire to recheck the views of the British public. I think that such an amendment, such an attempt to have a second referendum within two years of the first, is no less than what we all in this House know, remainers and leavers—it is an attempt to reverse the decision of the first referendum. That is unacceptable and we should vote against it.

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[Baroness Hayter of Kentish Town]

My Lords, we have heard the case that, having seen the terms of our withdrawal, Parliament should have the option of deciding whether to put those terms to a referendum, with the choice between yes to the terms and yes to stay in; with no other question on the ballot paper, such as better terms; and with the decision to hold a referendum to be taken by both Houses of Parliament, which of course gives the Lords a veto. Having only two options on the table may not be the best suggestion for what is now being called a people’s vote, but let us put that to one side for a moment. I want to question the wisdom of asking the Commons to vote on an amendment to the Bill at this stage, which opens up the issue of whether we hold another referendum, given the implications of such a discussion right now for both our national debate and the negotiations with the EU.

On the former, what would it mean here at home? I see a divided country. The referendum may not have divided us, but it certainly provided evidence of that divide. London and Scotland feel quite a different nation from most of the UK on the Brexit question. Views are sharply divided—not helped by the Government, I am afraid. In June 2016, one might have expected a Prime Minister to reach out to the whole nation, including those hurt by the outcome, to bring the country back together. Sadly, instead, David Cameron walked away and the new Prime Minister, in her approach to the negotiations and the sorts of relationships we want to have with the EU after we leave, instead of trying to reflect the fact that nearly half the voters would have liked to stay in, took what I consider an overhasty decision to focus on a particular type of exit, which is really anathema to those on the losing side. Regrettably, she continues to listen only to those on the winning side—those who called for a referendum, who campaigned for us to come out, who won the vote and who now want the hardest of Brexits: a go-it-alone version, leaving behind the very successful trading relationship we have now. This House has voted against coming out of the customs union, but the Prime Minister is still failing to bring the country together and build a wider consensus. She is turning a deaf ear to business, which is crying out for a better sort of Brexit.

I therefore wonder what will happen to the national debate about the sort of Brexit we want if, quite unnecessarily at this moment, we insert into the Bill the potential of a new referendum, with all the division that that will cause. It is unnecessary because the amendment we passed one hour and 25 minutes ago does not close off the possibility, though nor does it trail it. It gives the option as a potential, as indeed the Labour Party conference agreed some time ago, as my noble friend Lord Adonis reminded us, but my concern is that moving the current discourse on to the issue of a second referendum, when the real question before Parliament is the sort of deal we should be seeking, will foster more division and distrust, and it will let the Government off the hook about their disastrous negotiating strategy and the formulation of that strategy.

The external consequences of the amendment have already been mentioned. It is possible that the introduction of a new element of uncertainty—that the deal might need to go to a referendum—could make the necessary compromises in the current negotiations with the EU harder to achieve.

We do not rule out any form of democratic engagement, but we are not persuaded by this call now. We are not sure what exact question the referendum would ask because, if it is only out on the terms negotiated or out with no deal, that would be meaningless; out on the current terms or staying in may also not be the full range of options. We are not persuaded that this is the debate that Parliament or the people want at this moment. In the words of my noble friend Lord Campbell-Savours, it is premature.

There is a further issue. For the referendum to be accepted by the electorate, it would have to be supported more widely than just by those who favour a particular outcome; otherwise, it will be seen simply as a device to stop Brexit rather than a serious poll on the terms negotiated. At the moment, with just one exception—Nigel Farage—only one side is campaigning for a new referendum. Therefore, that is how I fear it will be seen.

We will abstain on the amendment. But more than that, I ask colleagues across the House to think twice before supporting a referendum now, given that that might further divide the country, rather than unite it; given that the option is always there anyway; and given that that would take the attention off the negotiations at this critical moment.

[Lord Adonis]

Why does my noble friend think that opinion will be less divided in October than it is today?

[Baroness Hayter of Kentish Town]

It may or may not be, but that will be an issue for then. The issue for now, surely, is the negotiations that are taking place and the maximum input and effect that we can have on them.

We need to use every bit of our persuasive powers to change the objectives that the Government seem to have set their red lines on. Not everyone will agree with me on that, but that is where the public debate should be at the moment. I have heard the arguments for a referendum. This is not the time to get the public debate back on to that rather than on the subject of the negotiations. I urge that we abstain on this amendment.

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[Lord Deben]

It is unusual to negotiate with 27 different countries, but I have negotiated with large numbers of different people on the other side. That is one thing that we just have to accept. It is, like anything else, a negotiation. If we think that it is so unique that we cannot do it, we should not have started the negotiation in the first place. It does not make any difference if you have a second negotiation: it is the same position that you had with the first negotiation. The fact that it is with 27 different countries makes no difference because it does not change from the first negotiation to the second. I do not think that my noble friend has a point on that.

The real issue is the fundamental fact: the amendment does not operate unless Parliament has voted in a particular way. The Government’s answer to the amendment must therefore be that they have a reason not to let Parliament continue to be involved after such a vote. The Government do not think that Parliament will take such a decision. They are very sure—and I have listened to government speakers again and again—that they will produce a result that will be cheered by Parliament. We will all be thrilled with what they have been able to achieve. I would be very suspicious if the Government’s answer is that they do not think they will get that sort of result and therefore do not want to get themselves into a difficult position. I am assuming that, whatever agreement they have, it will be a good one and this amendment will never come into operation.

The only reason for the amendment is to be a backstop for the circumstances in which the Government do not achieve what they tell us they can achieve and they therefore produce something that is so unacceptable that Parliament decides that it cannot accept it. The Government have to say, “What happens then?”. Unless they accept the amendment or some technically different one that suits them, their only answer can be, “We the Executive will decide”. That is why this is not about the European Union. It is about the powers of Parliament and it is why I am surprised at my noble friend Lord Hamilton, who was chairman of the 1922 Committee, who protected and defended the rights of Members of Parliament and who believes and believed in the nature of Parliamentary democracy. It is why I do not understand why this divides the House.

This should be something that both leavers and remainers—and those who wander between and those who are confused—all of us, should accept that we want Parliament to be in a position to accept and to decide. This will not work unless Parliament has decided that it does not want the agreed solution. The amendment will not come into operation unless that happens. Surely it is not too much to ask that the Government say, if we get to that point, that Parliament should have the right to ask the Government to go back and try again.

[Lord Adonis]

My Lords, I am a great admirer of my noble friend Lord Reid and therefore, if he presses this to a Division later on in the evening or at whatever hour of the night we get to it, I will of course support him. I have nothing against the contents of the amendment because it is clearly desirable that, if we cannot support the Government’s treaty, the default should be that we stay in the EU unless the House of Commons has a better set of propositions that it wishes to agree to.

However, my concern is that there is a certain element of unreality to the proposals to try to bind the hands of the House of Commons as to what it may or may not do in the autumn. One of two things will in fact happen when the Prime Minister presents her treaty. The House of Commons will either vote for it or vote against it. There are no other alternatives. If the House of Commons votes against the treaty, that is, to all intents and purposes, a Motion of no confidence in the Government. There has not been an incident since Gladstone’s Home Rule Bill in 1886, which was rejected by the House of Commons, where the central plank of a Government’s policy was rejected outright by the House of Commons. The idea that there could be a further negotiation after that is entirely unrealistic. The negotiation would have been concluded with the European Commission and the Council of Ministers, and ratified or not by the European Parliament and so forth. It is not realistic in the real world to expect that there would be further negotiation.

In the eventuality that the treaty is rejected, there are only two things that could conceivably happen. Either there will be an election because the Government have been defeated on what is in effect a Motion of confidence—it might take a formal triggering Motion under the Fixed-term Parliaments Act to produce it—or there will be a referendum, which we discussed earlier. A referendum could happen if the House of Commons itself resolved that there should be one immediately after the defeat or perhaps as an amendment to the Motion that the noble Lord, Lord Callanan, has said would be tabled. Everything else beyond that seems to be superfluous. The policy of the Government will then be the outcome of the referendum or the outcome of that election. A Government will have to be formed after the election, which will have to have a European policy and that will then be the policy of the Government that they would seek to negotiate in Brussels. There would either be some amendments to the treaty, if that is possible or—as I hope there is a Labour Government—there will be a decision not to proceed with Brexit, or there would be a referendum and we would proceed with the outcome of that referendum.

I say all that mainly to my noble friend on the Front Bench and her colleagues in the other place. There is no point in engaging in this displacement activity at the moment and making it sound as if we are being very tough on Brexit by placing ever more elaborate manacles and handcuffs on what might or might not happen in the vote in October. The only thing that really matters is the attitude of the Labour Party when the Government present their treaty. Either we are in favour of it or we are against it. If we are against that treaty, I can assure my noble friend that everything else will take care of itself. If we are against the treaty and vote against it, we do not need all the protections in this Bill. One of two things will happen. Either there will be another referendum or there will be an election. If there is an election, what matters is the policy of my party in that election. Will we or will we not proceed with Brexit if we win the election? Very simple facts of political power come into play.

What happens in Parliament after that will depend on those decisions. Ever more elaborate provisions in this Bill are, I say respectfully, entirely beside the point because they miss the reality of political power. That is that there has to be a Government, they have to have a policy and that can come from only one of two ways. Either a new Government are returned if this Government are turned out on the treaty or there is a referendum that will determine it.

I am entirely in favour of everything in my noble friend’s amendment and I hope that it will be warmly welcomed from the Front Bench, but what really matters, I say to my noble friends, is the policy of the Labour Party when the Prime Minister presents her treaty. If we are against the treaty and we are successful, there has to be either an election or a referendum. I am afraid that there are no alternative options on offer.

[Lord Reid of Cardowan]

With the leave of the House—and the noble Countess, Lady Mar, if she is in—I want to say something. I used to say to a friend of mine—he was an acquaintance, really—in the Militant Group that I wished I was as sure of one thing as he was of everything. There is an unusual hint of that in what my noble friend just said. It is not true that you can ordain in the future in politics the inevitability of one or two courses. In the wise words of Harold Macmillan, when asked what he was most frightened of, “Events, dear boy, events”. I would therefore be very cautious about taking that view—although my noble friend is perfectly entitled to ask the Labour Front Bench what the party’s position is—on the inevitability of history. Great philosophers have made that mistake before. If I am correct and he is wrong, it would be wise to have some form of plan or safeguard for each contingency. All we are trying to do, in a non-ideological and non-partisan fashion, is say, “Let us have a common-sense plan for the contingency that Parliament votes this down”. There is a huge complexity about what might happen afterwards and none of it is unavoidable or predictable in advance.

[Lord Adonis]

My noble friend makes a very good point, but all of those further eventualities would be so much clearer if my party’s policy were clear in the first place.

[Lord Balfe (Con)]

My Lords, it is always a pleasure to agree with people from the Labour Party. I certainly agree with that final remark: it would be nice if the Labour Party’s policy were a little clearer. I have known—I would not say that I have had the pleasure of knowing—the Leader of the Opposition all the time he has been in politics. I cannot recall a single occasion, from the referendum in 1975 through all the treaties, when he has supported anything to do with Europe. I suspect that part of the reason for the difficulties of the Opposition today is this squabble at the top. The feeling among one or two leading Members of the Labour Party is wanting to stay in the European Union—certainly in the customs union—and the feeling right at the top is, “over my dead body”. I ask the Opposition to start supposing; that would be a big step forward.

I rose to speak because I put my name to both of the amendments. I want to look at the role of the European Parliament in particular. We talk about parliamentary sovereignty but two Parliaments are involved in this. I listened to what was said by the noble Lord, Lord Hamilton, but we are negotiating not with 27 countries, but the European Parliament, which has a position, and the Council, which has a position and, through Monsieur Barnier, someone to pull that position together. Amendment 52 says,

“prior to the ratification of the withdrawal agreement by the European Parliament”.

Amendment 49 is slightly better worded, in my view, because it says,

“debated and voted on before the European Parliament has debated and voted on the draft withdrawal agreement”.

Although I put my name to Amendment 52, I concede that Amendment 49 has a better form of words. We cannot assume that the European Parliament will go along with the position of Mr Barnier. The European Parliament has its own rapporteur on withdrawal: Mr Guy Verhofstadt, whose job is to reach a common position in Parliament.