European Union (Withdrawal) (No. 5) Bill

Debate between Lord Faulks and Baroness Ludford

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

[Baroness Ludford]

My Lords, our position is similar to that of the Opposition, as outlined by the noble and learned Lord, Lord Goldsmith. We on these Benches would of course normally want to uphold the affirmative procedure; after all, we fought hard for it in the EU withdrawal Act. However, we are in exceptional times and it would be absurd for us to get to the end of the week with procedure having got in the way of good legal order.

[Lord Faulks]

At Second Reading, the noble Baroness was inclined to agree with the removal of Clause 2. Indeed, she said so on the basis that the process could be done “expeditiously”, as was done when the date was changed from 29 March to 12 April. Has she changed her mind?

[Baroness Ludford]

I was reflecting the position and view of my colleagues in the other place. As I said, in principle, we prefer the affirmative procedure. However, I would also prefer to avoid the catastrophe of no deal. Therefore, it would be ridiculous for us to get to the end of week and be prevented from amending exit day by the inhibitions of procedure. I take the point that negative procedure can be prayed against but that risk is relatively minimal.

It is true that Clause 2 is headed, “Procedure for ensuring domestic legislation matches Article 50 extension”. If the Article 50 extension has been agreed to, it is in EU law. I remember the Government being slightly coy two weeks ago in acknowledging that EU law trumps domestic law. Our amending exit day to accord with the date of an extension is an essential tidying-up exercise in domestic law; otherwise, discordance between the two dates leads to uncertainty. It is essential that exit day accords with the Article 50 extension.