European Union Referendum Bill Debate

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Department: Ministry of Justice

European Union Referendum Bill

Lord Forsyth of Drumlean Excerpts
Monday 2nd November 2015

(9 years ago)

Lords Chamber
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Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean (Con)
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My Lords, I apologise to the Committee for being late to our proceedings. British Airways cancelled my flight so I drove down from Scotland.

The noble Lord, Lord Wallace, has the advantage that he has read this competence review. Can he therefore explain why, for example, it is necessary that the guarantee on people’s money held on deposit in this country, which previously stood at £85,000, has to be reduced to £75,000 because the euro has fallen in value? Surely that should not be decided at a European level.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, politics is precisely about the level at which a whole set of decisions are taken. Until the mid-1980s, when Margaret Thatcher launched the single market initiative, international regulations were largely American decisions on standardisation which others—such as ourselves, the Germans and the French—had to accept. Now, these regulations are often negotiated at EU level and then, in turn, negotiated with the United States. The various reports go into some detail on the advantages and disadvantages of acting at the national, subnational, European and global levels. That is part of what happens across the world. I merely point out that some of this analysis has been done. It is extremely important that, as the debate continues, there should be further analysis.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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Before we leave that point, is the noble Lord seriously arguing that a Government who guarantee through a guarantee scheme in this country deposits put by pensioners in their banks should be left powerless to decide the level of guarantee; and that the review of competences, if it allowed for that, was in any way competent?

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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The noble Lord may not have noticed that banking has become a little less national and a little more international over the past 40 years. That is part of the reason why the negotiations over the amount of bank reserves have taken place. That matter has been negotiated for the past 100 years through the Bank for International Settlement and a range of other bodies. Since modern banking developed, there has always been a range of international agreements on aspects of banking, although not in so much detail.

A small number of think tanks have provided some valuable advice. I have great respect for Open Europe, a largely Eurosceptic think tank in origin but which respects the evidence it finds and produces worthwhile reports. Similarly, I have great respect for the Centre for European Reform. There are others on both sides that are less reliable. I say to the noble Lord, Lord Green of Deddington, that Migration Watch stands out by the careful way in which it tries to find out the most accurate figures. That is highly desirable. We need accurate figures. The question of what is happening on immigration to this country—how much is long term and how much is short term, in the case of Spanish and Portuguese workers here who may go back when their economies recover—gets us into the range of speculation, but at least we know where we are at present. That is what we need for this debate. It is not easy. We know that there are conspiracy theorists all round. There are great fears about what might happen. However, dispassionate analysis and evidence, where we can find it, are essential to intelligent debate, and that is what the amendments of the noble Lord, Lord Hannay, and others are about.

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Lord Dobbs Portrait Lord Dobbs
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I agree entirely with the noble Lord that they should have as much information as possible. However, as well as known unknowns there are also unknown unknowns—as someone once said—which are completely dominant in this area. As far as the EU is concerned, it is the unknown unknowns that have come to the fore and gained strength in recent months and years.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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I am most grateful to my noble friend. When he looks at these amendments, does he not think it quite revealing that the Euro-enthusiasts in this House want a report on the perils of leaving and not on the benefits of staying in?

Lord Dobbs Portrait Lord Dobbs
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Indeed. However, as I made clear in my statements at Second Reading, I personally—

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Viscount Trenchard Portrait Viscount Trenchard
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My Lords, I will not detain the Committee by going over all the arguments that have been made. I, of course, agree with those noble Lords who think that the information and any statements that may be produced should inform people about the consequences of remaining in as well as leaving the European Union. However difficult that may be, at least the Government should say what kind of association with the European Union they think would be desirable for the United Kingdom to pursue in the event that it votes to leave the EU.

My noble friend Lord Forsyth commented that under the Bank of England bank deposit guarantee scheme the maximum amount that is guaranteed has been reduced from £85,000 to £75,000. It is clear that that is because the euro is the currency of the European Union and all monetary values are determined in euro amounts. I suspect that this has happened because the sum was fixed at €100,000, which was approximately £85,000 and is now approximately £75,000. That is why the Bank of England has reduced by a significant percentage the maximum amount available under its guarantee scheme.

I also noticed that, according to the Daily Telegraph, Cabinet sources have informed that newspaper that the Prime Minister’s thrust for substantial alterations to our terms of membership will cover four main areas, and that he is asking for an explicit statement that the euro is not the official currency of the EU, making it clear that Europe is a multicurrency union. From that it follows that if Europe is to be a multicurrency union, it would not be possible in future for the Bank of England arbitrarily to reduce the maximum amount under its guarantee scheme in the way that it has, or to increase it, should the currency movement be reversed.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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My noble friend is absolutely right. Is the situation not even worse, however, in that even if the Bank of England wished to set another level it cannot do so? British pensioners and savers are having to reorganise their savings to make a reduction. The British Government, the Prime Minister or the Bank of England do not have the power to decide a simple matter, such as how much is guaranteed on deposit. That illustrates how overwhelmingly intrusive Europe has become.

Viscount Trenchard Portrait Viscount Trenchard
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The noble Lord is completely right. As I said in at Second Reading, it is necessary that our renegotiations should include the repatriation of financial regulation, the independence of the Bank of England from the European authorities, and the independence and equivalence of our own financial regulators with those of the European ones, which should be those for the eurozone.

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Baroness Ludford Portrait Baroness Ludford
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I had some contact with Mike Froman when I was vice-chair of the European Parliament’s delegation to the US. He is an extremely hard-headed and tough character. I rather doubt that he is just indulging in politics. He is talking about the real world and what is actually negotiable.

This debate on the report on our withdrawal from the European Union has strayed into the set of amendments beginning with Amendment 24, on the alternatives and our future relationship with the EU, which is what I really intended.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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Could the noble Baroness help me with her great experience in these matters and her knowledge of these trade relations? Could she explain how it is that Iceland, which the Prime Minister visited the other day, has managed to negotiate a trade agreement with China and the EU has not?

Baroness Ludford Portrait Baroness Ludford
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I am not a trade specialist, but I fully accept that far fewer interests are involved when 28 member states are trying to negotiate with China, while with a country of 60-odd million—the UK—would have many more interests at stake than Iceland. If you listen to the Scotch whisky producers, they say that it is because of EU clout that they have access to Asian markets. They did not get this with the UK negotiating for them, but with the EU negotiating for them.

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Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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I do not take the noble Lord’s comments at all seriously. We are talking here about a guarantee of £75,000, which has nothing to do with people who are depositing millions of dollars around the world. Where I think he is right is that I can see the case for having a guarantee in a single currency zone. My point is that we are not in the euro, yet we are being told what to do with sterling.

Lord Davies of Stamford Portrait Lord Davies of Stamford
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My point is that if we had a free-for-all, it would start off at £75,000, which is roughly the equivalent of €100,000—that is why we have that figure. Some member state might well then be tempted to say “We will offer €150,000”, then somebody else would come back and say, “We will offer €180,000”. Then another would offer €250,000. There becomes a Dutch auction in these matters, which is very much in no one’s interest. This is an example of where the collective interest is much better served if individual member states do not adopt their own rules on this matter. I leave the point there. Although it is very important, I am prepared to continue with it in another context.

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Baroness Morgan of Ely Portrait Baroness Morgan of Ely
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My Lords, we have had a long and comprehensive debate. The decision in front of the country will have a huge effect on its future. If members of the public are to have a say, it is absolutely right that they should have information available to them in order to make an informed decision. The Electoral Commission suggests that people want this information. They do not feel equipped to make the decision at the moment. That is why we are requesting these reports.

The Government’s silence on some of these matters is extremely concerning. It could be interpreted in two ways. Either the Government do not know the answers or they have not understood the question. I want to explain what is at stake because it is very important that we prepare now to inform our fellow citizens. When I talk about our fellow citizens, I mean citizens of the United Kingdom, but there are also implications for EU citizens. We have to understand that a decision to leave the EU would have an impact not just on UK citizens but on EU citizens as well.

First, it is vital that we do not underestimate the complexity of the legal situation that would arise if we were to leave. EU law is part of UK law and its adoption over more than 40 years has given UK citizens, companies and public authorities a vast array of rights and duties. We need to know what those rights and duties are and what being an EU citizen gives you. We need the public to understand that. Many thousands of EU provisions have become part of UK law, not just at central government level but in the devolved Administrations and at local government level. So repealing or amending EU laws would necessarily be a very complex and demanding process. How would the Government manage this process? What would they do? What would they retain? Would they repeal certain amendments or would they just take the whole lot, lock, stock and barrel and accept them into UK law? Would we have one Bill, as was suggested earlier, or would we have to change every single Bill that has been passed over the past 40 years that has any reference to the EU?

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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I do not understand the noble Baroness’s point. It is true that our law has been fashioned by the EU, but it is on the statute book. There is no need to do anything on day one after we have voted to leave the European Union. Surely she is presenting a problem that does not exist.

Baroness Morgan of Ely Portrait Baroness Morgan of Ely
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We will not need to do anything on day one, but we will certainly have to disentangle our relationship with the EU at some point in the future. That will take an army of administrators and legislators to sort that out at a time when the Government want to cut the number of civil servants. We need to confront this practical issue.

We are interested in providing and getting the public to see objective information. Regarding the practical consequences for individuals in the UK in the event of withdrawal, I have already asked the Government questions in relation to maintaining EU employment rights. I am still awaiting a reply. The questions concern social legislation in a huge number of areas including maternity, paternity, parental leave, annual rights, the rights of agency workers, protection of employees on the transfer of a business and anti-discrimination legislation. Will these be retained or will they go? Is there a risk element here or not? It is fair to ask these questions.

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The same issue applies to structural funds, about which the noble Lord, Lord Wigley, talked very clearly. We know that we have been able to trust the EU in terms of giving us this money in the past. We have not necessarily been able to trust central government in London. It is important that people understand that sometimes we trust the EU to look after us in a way that the UK has not looked after us in the poorest parts of the United Kingdom.
Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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When the noble Baroness talks about giving us this money, it is our money which the EU is giving back to us because we are substantial net contributors. Is she really suggesting that we cannot take decisions for ourselves as to how we could spend that money?

Baroness Morgan of Ely Portrait Baroness Morgan of Ely
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The noble Lord is absolutely right that we can take decisions; I am concerned about what those decisions will be. I have no clarity whatever that the money will go back into the UK coffers and then straight back to the farmers in the UK or the structural funds in the poorest areas of Britain. We have no clarity on that and it is absolutely right that we raise the question, particularly for those who are directly affected.

Turning to the amendment in my name, I ask what will happen to the citizens of Gibraltar. Spain would love to take the opportunity to leverage the whole situation of British exit to push its case for sovereignty over the island. What is the Government’s contingency plan if we were to leave? What would happen if Spain were to close the border? Would we send a fleet? Would we mount a Berlin-style airlift to support the island? The people of Gibraltar are very concerned with these questions.

Few would deny that membership of the EU and the single market brings huge advantages to the UK economy and to British businesses. Many other aspects of our national life have also benefited. Will the Government provide a precise and comprehensive report on the possible consequences of withdrawal? We are pleased that the Minister has said that she is in listening mode and that there may be a possibility of producing some kind of White Paper on the impact of withdrawal—and of remaining in the EU as well; I do not object to that. We would like to hear today a commitment that the Government will produce a White Paper and we would like to hear the timescale in which the Minister believes it will be possible to produce it. Much of the work has been done. The balance of competences review has done a lot of the spadework. It needs to be updated into a comprehensive look at the consequences. We believe that the failure to provide such information before a decision of this magnitude would be letting down the British people and shirking an essential responsibility of government.

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Lord Blencathra Portrait Lord Blencathra
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I can be brief, my Lords, because the key issues of principle were thoroughly debated in the previous group of amendments—the key issue of principle for me being that if the Government were minded to go down the route of publishing a report setting out the dangers of leaving then there should also be a report on the consequences of staying in. I noted very carefully what my noble friend the Minister said. I congratulate her on winding up such a controversial and difficult debate. I look forward to seeing that amendment and hope that it will be impeccably neutral. She will have noticed that the Government would be stepping into a political quagmire if they went into the details set out in my amendment or even the amendment of the noble Lord, Lord Hannay.

The Office for Budget Responsibility describes itself as one of the,

“independent fiscal watchdogs around the world”.

It has five main roles: to produce a five-year forecast for the economy and public finances twice a year; to use its public finance forecast to judge the Government’s performance against their fiscal targets; to scrutinise the Treasury’s costing of tax and welfare spending measures; to assess the long-term sustainability of the public finances; and to assess the Government’s performance against the welfare cap. I am therefore not certain that the OBR has any real role in forecasting the consequences of leaving the EU, but again I make the point that if the Government are minded to accept the amendment in the name of the noble Lord, Lord Turnbull, it should have a parallel duty to forecast the consequences of staying in the Union.

If the OBR is going to make such a report, I hope it will look at three little things as the EU continues its attempts to harmonise social security legislation—and there is talk about the need to change pension rules. In those circumstances the OBR should report on the financial consequences for British tax and welfare budgets. If we were to stay in, then it should report on the lost opportunities to utilise our £12 billion Union contribution, which would be completely at our own disposal if we were to leave. Since the Union, as I have said very boringly before, is in relative decline compared with the American and Asian economies, we should have a report on the dangers to the UK economy of being held back by the slow growth of the EU.

There are many other issues that I could add to that à la carte menu, but we do not need to go through them again tonight. However, I suspect that it is better for the credibility and independence of this fiscal watchdog that the OBR should not attempt to report on the consequences of either staying in or leaving. If it does one, though, it should do the other. I beg to move.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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My Lords, I normally agree with the noble Lord, Lord Turnbull, and I have the greatest respect for him and indeed the Treasury. He is right to say that the Office for Budget Responsibility has been a success. I would therefore be very concerned if we were to accept the amendment and taint the reputation of the OBR by giving it this impossible task. Perhaps the noble Lord could contradict me but if I were to take the Bank of England, for example, an organisation that has a formidable reputation, and I were to look at the forecasts it has made about the progress of the economy over the past 20 years—indeed, over most of my lifetime—the only thing that has been consistent about those forecasts is that they have been consistently wrong. The notion that this body called the Office for Budget Responsibility can look into its crystal ball—I am reminded of that character that used to appear on the National Lottery, Mystic Meg—and predict the future is asking a very great deal of it. As my noble friend Lord Blencathra has said, it is hard to see, given the existing responsibilities of the OBR, how it would be able to set about this task—with the necessary expertise, at any rate. As he listed its responsibilities, it seemed to me that the OBR has quite enough on its plate without adding to it.

I support my noble friend, though, and indeed my noble friends Lord Hamilton and Lord Flight, in the amendment that seeks to bring a balance to this. I am not going to repeat the arguments that we had in considering the previous amendments, but if you are walking in the woods and you see a bear trap, it is probably not a good idea to put your leg in it. None of the arguments that one hears about the EU is couched in terms of, “If we weren’t in it, we would want to join it”. That was what struck me about the Prime Minister’s remarks about Iceland and Norway over the weekend. No one in Iceland or Norway wishes to join the European Union.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, the Government of Norway have consistently had a large number of Ministers who wished to join. There are all sorts of reasons why a substantial chunk of its population does not agree. I myself was involved in discussions with the last Icelandic Government, who also wished to join. So “no one” is a mild exaggeration.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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I do apologise to the noble Lord. He is still in ministerial mode; I was talking about the people. I know the people of Iceland extremely well; I have gone there every summer to fish for the past 12 years. I know exactly what has happened in Iceland. I note that the noble Lord also, in his typically selective choice of argument, talks about the last Government of Iceland, not the present one, whose Prime Minister himself made the point to our Prime Minister that they were perfectly happy outside the EU because they had all the fish and, I say to the noble Lord, Lord Davies of Stamford, the opportunity to deal with their financial services crisis as they saw fit, which did not involve bailing out the bondholders and the bankers, and very successful they have been.

The noble Lord, Lord Wallace, distracts me from my bear trap.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, the very thought that the noble Lord would ever intervene on someone to distract them is something that I would not conceivably believe.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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I have to say that the noble Lord is probably the only Member of this House who I think might possibly put his leg in the bear trap while it was still in the wood. No one is making the argument in this country, in Iceland or indeed in Norway that if we were outside the EU we should join now on the terms that we are already subject to. That is the point about the bear trap.

However, we are in the position where our leg is in a bear trap. The argument from the noble Lord, Lord Turnbull, and from many of the people who have spoken today on these matters seems to be that it would just be too painful to take our leg out of the bear trap, and that the best thing is for us to stay where we are and bleed to death. I think we ought to consider what the benefits would be of taking our leg out of the bear trap, and that is what my noble friend Lord Blencathra’s amendment seeks to add to Amendment 22. I see that the noble Lord, Lord Kerr, wants to intervene, and I happily give way to him.

Lord Kerr of Kinlochard Portrait Lord Kerr of Kinlochard
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How kind of the noble Lord. Nothing was further from my mind than interrupting him in any way. I would like to get back to his Mystic Meg argument, which I am still trying to work out; my mind is very slow in these matters. That argument depends on the assumption that the noble Lord, Lord Turnbull, would be asking the OBR to forecast the future course of the world economy, the European economy and the UK economy if we came out or if we stayed in. I do not think that that is the case. The amendment in the name of the noble Lord, Lord Turnbull, asks that the OBR consider what would have changed—what the effect would be of coming out.

I myself would be happy to add to that, although I do not know if the noble Lord, Lord Turnbull, would, the amendment suggested by the noble Lord, Lord Blencathra, which seems to be perfectly reasonable. I follow his argument about staying in or coming out. The important bit would be: what would be different if we came out? The consequences of the differences is what one would be asking for. The Governor of the Bank of England addressed this question the other day, talking about what would have been different if we had not been in the single market for financial services. That is a perfectly reasonable question to ask. I would be happy to support the amendment in the name of the noble Lord, Lord Turnbull, and that in the name of the noble Lord, Lord Blencathra, but I do not understand the Mystic Meg argument, advanced by the noble Lord, Lord Forsyth, that somehow we are asking the impossible.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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I am most grateful to the noble Lord for that intervention. The amendment refers to the,

“report on the effect of the United Kingdom economy of withdrawal from the European Union”.

In order to do that one would need to take a view on what is going to happen to the euro and if there is someone in the Office for Budget Responsibility who knows the answer to that question, I have to tell them they could be a billionaire tomorrow.

Of course no one knows what is going to happen to the euro. I agree the probability is that it is not going to survive unless there is very substantial further integration within the European Union but no one knows to what extent that will be possible. For example one can look at the attitudes towards the problem of mass economic migration into the European Union and the chaos which the members of the European Union are in at the moment and their inability to agree. Does anyone in the Office for Budget Responsibility know how to predict the outcome of that matter?

The noble Lord, Lord Kerr, is expert at dealing with the European Union. I can remember as a Minister arriving at meetings and he had already prepared the compromise that we would accept and the press release which announced a great victory by Ministers over the European Union to be released before we had even got off the plane. I know that he believes very much in the opportunities for flexibility in matters of wording but the wording on this amendment is asking the Office for Budget Responsibility to do the impossible—to tell the future. In so doing they will almost certainly get it wrong, like the Bank of England and everyone else who tries to tell the future, and that will damage their constitution.

Lord Lea of Crondall Portrait Lord Lea of Crondall (Lab)
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The bear trap metaphor is getting in the way of the thread of the noble Lord’s own logic. He has got lost in trying to demonstrate that this is either a job that no one should do or it is a job that should possibly be done, but not by the Office for Budget Responsibility. If it is the former, is it not the case that many people in the debate about the referendum are desperate for some sort of guidance on the two scenarios? Indeed the governor’s speech and what happened last week in Iceland are very relevant. Is the noble Lord saying that no one should do this job to the best of their ability, however difficult, or simply that the Office for Budget Responsibility should not do it?

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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I am saying that the Office for Budget Responsibility should not do it and I am saying that the point made half an hour ago by my noble friend Lord Flight is absolutely right. These are matters of judgment, and the people who should make the arguments are the people who are on either side of the campaigns. It seems to me, listening to arguments from the noble Lord and from others on his side, that they have got quite a lot of work to do if they are going to persuade the British people to vote to stay in the European Union. Whether or not staying in the European Union is in the best interests of our economy is a matter of judgment. Even in Greece it would appear that a majority of the voters still think that it is in their interests to be in the European Union and within the eurozone. I am very happy to leave that to the judgment of the British people in the referendum.

Lord Hannay of Chiswick Portrait Lord Hannay of Chiswick
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Unless I have got it completely wrong, the noble Lord is basically advancing the argument that Governments should not produce economic forecasts at all—they are a complete waste of time, they are always wrong so let us ditch them. However, he supports a Government who regularly produce economic forecasts at the time of the Budget. Those economic and fiscal forecasts are regularly reviewed by the Office for Budget Responsibility and I think we are all a bit the wiser for it. Of course it does not give you the answer to everything and like the noble Lord, Lord Kerr, I would be happy to support the addition by the noble Lord, Lord Blencathra, but this dismissal of all forms of forecasting on the impact on the economy of staying or leaving is frankly to go back about 150 years in the practice of economic policy.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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The noble Lord exaggerates to make his point. I am not arguing against economic forecasting. I am simply saying that the record on economic forecasting is not very good and the Bank of England is a classic example.

This is not about economic forecasting. This is about the effect on the United Kingdom’s economy of withdrawal from the European Union which is a huge issue. It is not just about the implications for the economy directly as a result of taxation or fiscal policy or matters of that kind. It is about the impact of immigration, it is about what happens in terms of the advantages that we would gain by being outside the European Union, our ability to negotiate our own trade agreements, our ability to be free of suffocating regulation, our ability to decide matters for ourselves, our ability to control our borders—all these things will have an impact on growth rates and the future of our economy. I am simply arguing that the Office for Budget Responsibility does not have the expertise or the ability to do that. I am delighted that the noble Lord supports my noble friend Lord Blencathra’s amendment looking at the other side of the equation, which is staying in.

I will repeat a point I made earlier. It is astonishing to me that we are members of the European Union and the arguments that we have heard from the Europhiles—the people who wish to remain in the European Union—have all been characterised in terms of the threats of leaving rather than the benefits which we have. That seems to indicate a degree of uncertainty.

Lord Liddle Portrait Lord Liddle
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I do not know who the noble Lord has been listening to about threats. It seems to me that the pro-European people are making a very modern argument for our membership of the European Union—a case which is far stronger than it was when we originally joined—that in this really dangerous world with chaos in Africa, fanaticism in the Middle East and rising nationalism in Russia, what we should be doing is sticking with our friends and acting as a united Europe.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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We do not have to be in the European Union to stick with our friends, and NATO is a good example of that. I am not referring to the general debate, I am referring to the amendments—for example the amendments in the name of the noble Lord, Lord Hannay, to insert a new clause headed:

“Report on the consequences of the United Kingdom withdrawal from the European Union”,

but not to report on the benefits of being in the European Union.

Baroness Smith of Newnham Portrait Baroness Smith of Newnham
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Will the noble Lord give way?

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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May I just finish answering this point first? I am simply making the point that it is very startling that those who are most enthusiastic about the European Union wish to couch their arguments in terms of what it would be like if we left as opposed to why it is in our interests if we remain.

Lord Liddle Portrait Lord Liddle
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There is a very simple reason for that which is that most of the anti-European case that is put forward suggests that it is cost-free to come out of the European Union. That is why these arguments are being pressed; if you listen to the way a lot of people talk who favour withdrawal, they think it is cost-free. They assume we can negotiate anything we want. It is they who are not facing up to the realities of the world.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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I have to say that cost-free would be a considerable improvement on the £8 billion net contribution that we are currently making because it is certainly not cost-free to remain in.

Baroness Smith of Newnham Portrait Baroness Smith of Newnham
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Will the noble Lord explain why he thinks that a report on the consequences of withdrawal is about fear rather than something that benefits people who want to remain in the European Union? To go back to his bear analogy, what if the vet comes along and suggests taking the bear’s leg out of the trap so that it is recovered, rejuvenated and much happier? Is that not an alternative reading of it?

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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The noble Baroness is now pulling my leg if she thinks that that argument has any substance. I am simply making the point that the whole thrust of the argument that we have had in terms of producing reports from those who wish us to stay in the European Union have been about “hanging on to nurse for fear of something worse”.

Lord Kerr of Kinlochard Portrait Lord Kerr of Kinlochard
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I do not know whether the noble Lord has noticed but the fact is that we are in the European Union now, so the question for the electorate is, “Shall we leave?”. The argument that he is just making would be very good if we were not in the European Union and the question was, “Shall we join?”. Then I would be required to try to demonstrate to him that there would be benefits. However, the question for this referendum is, “Shall we stay or shall we leave?”. That is the issue.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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I entirely agree with the noble Lord about what the issue is. I will not repeat the same arguments, because I can see that the Whip is beginning to twitch and is thinking about the dinner hour.

Baroness Ludford Portrait Baroness Ludford
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Very briefly, on the logic of the noble Lord’s argumentation it seems to me that he should have tabled an amendment asking for a report on the benefits of membership, because he is saying that those of us who want to stay in wanted to put a negative spin on withdrawal—which I do not accept, because we want a factual report. However, turning that round, those people who want to leave should have forced or tried to force a report on the benefits of staying in, because they believe that that would show up that there are not benefits.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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I would not ask for a report on the benefits of staying in, because it seems absolutely apparent that we are considerably disadvantaged by joining with an organisation which is unable to control its currency or borders, and which prevents us exercising our sovereign ability to control our borders and to ensure that we have the conditions in which enterprise can flourish. I look forward to David Cameron’s initiative in the European Union to discover whether the European Union itself realises how it is damaging member states in the Union. I cannot for the life of me imagine why the noble Baroness would want me to put down an amendment suggesting that we have a report on the benefits when so much damage is caused by the way in which the European Union is organised at present. I support my noble friend’s amendment.

Lord Lea of Crondall Portrait Lord Lea of Crondall
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The last 15 minutes have been very illuminating. We now have the position where the noble Lord, Lord Forsyth, has concluded that we do not want any attempt to have this independent assessment because it is up to the two sides to fight it out as if we were in Madison Square Garden. I will quote him many times in the future on that basis. These people do not want any independent analysis—they just want a shouting match to see who can shout the loudest. That is exactly what he said, and that is my first point.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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It is not what I said at all. I said that whether we stay or leave is a matter of judgment and opinion. The idea that the Office for Budget Responsibility can intervene in this matter is not sensible. In fact, it would be difficult for the Government, because I very much hope that at the end of the day collective responsibility will be suspended and that members of the Government will be able to campaign according to their own judgment. Therefore the idea that the Government or anyone else could produce an independent report is fantasy. Of course people must have the facts; I hope very much that people on both sides of the campaign will resist the kind of scaremongering which we have heard from people like the noble Lord—yes, indeed—who support that particular side of the argument. We have heard that 3 million jobs will be lost and other scare stories, which will simply turn off the voters. However, I do not believe that it is impossible for those on both sides of this argument to honestly put out arguments and facts and let the people decide.

Lord Lea of Crondall Portrait Lord Lea of Crondall
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It is quite often possible to summarise the general opinion of politics in this country, as a default position, as: “They just shout at each other and they don’t try to find the truth in the public interest”. This will be an historic decision for Britain, and the idea that we will not do our best to find any independent ground to give to the British people is quite extraordinary.

I was the person who, at Second Reading, first made this proposal and started this hare, or bear, running. That was done to meet the argument put forward by noble Lords such as the noble Lord, Lord Forsyth, that we must find out what the consequences would be of being out, because they on their side—and it is true that I am on one side, just as the noble Lord, Lord Forsyth, is on the other side—were saying that there will be absolutely no problem with being out, without any of the downsides; for example, that we will have all the benefits of EFTA. Of course, this weekend we now hear from the Prime Ministers of Norway, Sweden, Iceland, Greenland, the Faroe Islands and wherever that this is not the case. We have now got into the position where, this bear trap or whatever it is having been opened up, the noble Lord seems to be running away from the argument that his side started about a month ago, which is very interesting.

The only other way in which I guess we could have an independent analysis without it being done by the Office for Budget Responsibility would be to set up some new academic/ex-Whitehall or Civil Service commission, or something like that. It would not be easy to get agreement—as I think the noble Lord, Lord Turnbull, said at the beginning—in that rather heated atmosphere on what such a body should be like. I do not think that the noble Lord, Lord Forsyth, has doubted that the credentials of the OBR as regards its degree of dispassionate analysis could be bettered. It now has a reputation, with some ex-Treasury officials in it, as a body which does not kowtow to the Treasury, which some people feared. However, it established its own independence and credibility at the same time, not like a parliamentary Select Committee with an eye for newspaper headlines wanting to find something extravagantly newsworthy to say. This is therefore about as good an attempt as will be made.

Finally, we do hear a red herring from time to time, which is of course that after the referendum, if it leads to exit, another negotiation would follow whereby tariffs would not go up against Britain, and that otherwise they would. All these existing problems would suddenly be revealed for analysis when we are out, not before we are out—before we have voted—but when we are going to go out they would have another negotiation. That particular fox, to change the animal metaphor, has been shot dead three times, and I should think it is pretty dead now.

--- Later in debate ---
Lord Turnbull Portrait Lord Turnbull
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My Lords, the purpose of the amendment was to draw attention not just to the question of information but to the validation of that information—the quality of it and the trust that people can put in it. One point on which I can agree with the noble Lords, Lord Forsyth and Lord Blencathra, is that the information should be symmetrical, but I fear that the way that the debate will go is that the Government will negotiate a series of changes and will want to come back and tell people that they are good and sufficient. So I think that we will hear rather more about the benefits of staying in and not enough about the effects—I will not say “dangers” or “fears”—of going out. Symmetry is the first principle and validation is the second. There may be objections to using the OBR but, whatever the Government produce, and I welcome this proposal, they will have to answer the question of how we make people believe that the analysis is authoritative and technical. I see that the noble Lord, Lord Forsyth, wishes to intervene. The purpose of the analysis is to help people to make up their mind; it is not to offer them judgments.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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I appreciate that people are thinking about the dinner break, but will the noble Lord just reflect on when we last tried this? It was when the Scottish Government produced their White Paper on the referendum. The assumption was that the oil price would be $110. Is he not concerned about that experience?

Lord Turnbull Portrait Lord Turnbull
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The noble Lord keeps using the word “forecast”. I do not see these as forecasts; they are analyses based on different assumptions, the purpose of which would be to draw out for people the complexity of the situation and the number of variables in play, and to draw attention to aspects that they may not have thought of. The idea that the OBR would produce a single forecast that could be falsified simply on the basis of one variable is wrong.

I return to the fact that there is to be a response from the Government. I think that we should wait for that but I hope that it will address how this work can be done by government, even if it does not use institutions outside government, in such a way that people can have the greatest faith in it.