European Union (Withdrawal) Bill

Lord Cavendish of Furness Excerpts

Committee: 1st sitting (Hansard): House of Lords
Wednesday 21st February 2018 Lords Chamber

[Lord Davies of Stamford (Lab)]

My Lords, I wish to address Amendments 152, 197 and 206, on the matter of the customs union. Before I do so, perhaps I might be permitted to say a word of admiration about and pay tribute to the people outside this building—many of them waving British as well as EU flags—who have been there for several months, hoping to impress on us the importance of the case. We in this House—from the comfort of these Benches—should not be tempted in any way to neglect or slight efforts made by our citizens to bring their concerns to our attention. I have been most impressed by them. I have often spoken with them; one young lady, on a very modest salary, told me that she paid quite a lot of money on a fare from Manchester and was sleeping on a friend’s floor in order to stand for 12 hours outside this House. Her account was very typical. I counted more than 140 people one evening, when the temperature was getting very close to zero. I believe that sort of dedication and selfless concern for the future of the country is most impressive.

I am well aware that many of my colleagues in the House have come to this debate in the belief that they are carrying out an instruction from a referendum. I reject entirely that concept, which clearly contradicts the idea of a sovereign Parliament. By definition, if a body is sovereign, it cannot receive instructions from anyone. That is a matter of definition; it is what philosophers call an analytic truth. Even more absurd would be the idea that we could take instruction from a referendum in a previous Parliament. Heaven knows what Parliament would be subject to after a certain period in which we adopted that proposal. One can easily see to what ridiculous results that would lead. It would also make a nonsense of the fundamental principle of our constitution that no Parliament can commit its successor, and if you abandon the concept of parliamentary sovereignty and the belief that goes with it that no Parliament can commit its successor and therefore every Parliament after a general election can open a new page, there will be very little left of our constitution that people who take that line will still believe in.

[Lord Cavendish of Furness (Con)]

Would it not be true to say that the sovereign Parliament gave the people the decision through the referendum?

[Lord Davies of Stamford]

My Lords, as I have explained, I do not accept that we are in any way under instruction from anybody. I have heard the word “instruction” and it deeply shocks me. As a matter of fact, I heard it from the then Leader of the House in the days following the referendum. For the reasons that I have already set out and I do not need to repeat, that is a pernicious doctrine that is extremely dangerous in its constitutional ramifications and should be rejected.

--- Later in debate ---

[Lord Cavendish of Furness]

I declare my interest as in the register: I am a businessman. I would love to lock horns with the likes of the noble Lord, Lord Bilimoria—he is not in his place—and other speakers who appear to have been overinfluenced by the briefings of the EU-funded CBI and similar organisations. Noble Lords laugh, but they do not deny it.

I am not a sponsor of one of the amendments. Having listened to the Second Reading debate, I am saddened by this group of amendments. I felt—and said so at the time—that the sense of the House was that the Bill would be improved, and examined with a view to improving it, whereas it seems that nearly all these amendments seek to obstruct, delay or simply wreck the Bill. I am afraid I cannot accept the assurance of the noble Lord, Lord Wigley, who said otherwise. I look at the Marshalled List and all these amendments seem to be wrecking ones.

I know that any suggestion of threatening our future causes resentment in your Lordships’ House, but I want to refer to a quotation from Committee in the House of Commons:

“I think their Lordships should know that if they try to wreck the Bill, many of us will push the nuclear button”.—[Official Report, Commons, 14/11/17; col. 197.]


Those words come from the very well-respected right honourable Member for Birkenhead, Mr Frank Field.

[Noble Lords]

Oh!

[Lord Cavendish of Furness]

Is he not respected by the Labour Party? I thought he was. He went on to warn that we would be sounding our own “death knell”. That is probably good news to the Liberal Democrats; they have made no secret of the fact that they would like the House of Lords to be abolished, and therefore take licence with this institution.

[Lord Newby]

That is simply untrue. The position of these Benches has been that the House of Lords has a very valuable role to play. At the time, we sought the support of the Conservative Members of the coalition to reform the membership of your Lordships’ House on a democratic basis. That is a very different proposition to seeking to abolish it.

[Lord Cavendish of Furness]

The noble Lord did not see behind him, but there were some signs of affirmation there when I said that they were sympathetic. I think he needs rather more careful whipping on that Bench.

The timescales are important. This reason has not been mentioned. Article 50 determines the date—we will come to this later—by which those who are responsible for negotiation have to reach agreement or fail to reach an agreement. Therefore, it is completely absurd to try to add a flexible date.

The Bill is not the narrow economic interest it has been portrayed to be. Many of the minutiae covered by the amendments are important, but they are not what the Bill is about. The Bill takes us out of the European Union on 29 March next year, at the behest of the majority of people in this country. It is about what people thought about their identity, their community’s identity, their country’s identity and their country’s place in the world. Given the way that the Welsh voted, it seems to me that the noble Lord, Lord Wigley, does not take into account what his countrymen feel in this respect.

[Lord Wigley]

If the noble Lord had listened to the speech I made, he would know that I accept the fact that there has been a vote to leave the European Union, but there was no vote in Wales or elsewhere to leave the customs union and the single market.

--- Later in debate ---

[Lord Cavendish of Furness]

That has been thoroughly debated. I think people did understand; certainly, people in Cumbria understood, even if the Welsh did not.

As for the power grab, it is just the opposite. Never again will Ministers be able to offer the excuse that their course of action has been followed at the behest of the European Court of Justice or the European Community. We ought to be extremely cautious about how we treat the amendments and reject them.

[Baroness McDonagh (Lab)]

I am prepared to lock horns with the noble Lord on Amendment 206, which I support. I have some quotes of my own.

In October last year, the Secretary of State for International Trade said,

“believe me we’ll have up to 40”,

free trade agreements,

“ready for one second after midnight in March 2019”.

In July 2016, the now Secretary of State for Exiting the EU wrote:

“I would expect the new Prime Minister on September 9th to immediately trigger a large round of global trade deals with all our most favoured trade partners … So within two years … we can negotiate a free trade area massively larger than the EU”.


He goes on to say that,

“the new trade agreements will come into force at the point of exit from the EU, but they will be fully negotiated and therefore understood in detail well before then”.

Does the Minister agree with his Secretaries of State? Can he tell us how many trade deals the Government expect to be in place one second after midnight on 29 March 2019? Does he understand that the reality of what is happening, and the lack of progress, is driving an increasing number of voices to want to remain in the customs union—particularly those who voted to come out of the EU?