Outcome of the European Union Referendum

Lord Foulkes of Cumnock Excerpts

Wednesday 6th July 2016 Lords Chamber

[Lord Foulkes of Cumnock (Lab)]

I am pleased to follow the noble Lord, Lord Framlingham, although I disagree with almost—no, with every—word he said. He has the unique distinction of having been a Lord even before he came into this House.

As I sat through speech after speech, I was beginning to think that, when I got up, I would be swimming against the tide—not that that is unusual for me, by the way—but once I heard my noble friend Lady Andrews and the noble Lords, Lord Lisvane and Lord Low of Dalston, I knew there were some sensible people whose band I would be joining.

On referenda, I think that David Cameron can be described as the Stan Laurel of British politics. Oliver Hardy would have said, “That’s another fine mess you’ve got us into”. On the Scottish referendum, he conceded to Alex Salmond the date of the referendum. Alex Salmond decided the date, the wording of the question and the franchise. It was a miracle that he did not win that referendum and that he lost it.

David Cameron nearly broke up the United Kingdom with that referendum, and now he is doing worse: he is breaking up the European Union with this referendum, because of his mistakes and because of his complacency. We saw that complacency when he thought it would be an easy win. When we suggested, on the franchise, that 16 and 17 year-olds should have the vote, as they did in the Scottish referendum—in that referendum, they showed that they were sensible, and they were probably more informed than any other voters in that referendum—he rejected it. These are the people who will be most affected by the decision that has been made, yet they were not part of that decision. There would have been nearly 1.5 million extra votes, of whom 82% would have voted remain, according to a poll. That alone would have changed the result of this flawed referendum.

We suggested that European Union citizens living in this United Kingdom should have the vote as well, because they are affected by it. So many people have said that, some expressing real concerns and others, I am afraid, crying crocodile tears for them because they realise the effect of what they have done. European Union citizens should have been given the vote, as we argued, because they are affected by the decision.

We also suggested a threshold. I think someone suggested a super-majority, but I prefer using the word “threshold”. Remember that we had one in the first Scottish referendum in 1979. In that referendum, there was actually a majority in favour of a Scottish Assembly, but because of the George Cunningham amendment—the noble Baroness, Lady Boothroyd, will remember it very well—the majority needed to be 40% of the electorate, and we did not get it. What about this referendum? Do we know how high the figure was? Does anyone know? It was 37.4% of the electorate, so the majority would not have got over the 40% threshold. We took away people’s right to vote in that we did not give it to 16 and 17 year-olds or European Union citizens, and we did not get to the threshold, so there are real question marks over the referendum.

When I tried to intervene—I apologise for trying to interrupt the Leader’s speech yesterday—all I wanted to say was, as has been said by so many people, that this is not an instruction from the British people. It is an advisory referendum, and if people say it is an instruction, they are misleading the public and Parliament. It is not an instruction: we have to take note of it; we are not instructed by it.

[Lord Hamilton of Epsom]

If this referendum is regarded as advisory and the decision is not implemented, what course have the British people got but to take to the streets?

[Lord Foulkes of Cumnock]

I am suggesting that the referendum is advisory, but the British Government should start working on the basis of its result, even though I think it is flawed. I would argue that we should then, for a whole range of reasons, give the British public the opportunity to think again. First, the proposal of the leave campaigners was sold on a false prospectus by that snake oil salesman Boris and barrow boy Farage. They have both gone AWOL. Where are they now? They are not coming forward to try to sort out the mess that they have created.

Secondly, already flaws and problems are beginning to arise. There is already a threatened break-up of the United Kingdom. On Scotland, Nicola Sturgeon is looking at the opportunity to take this referendum as a trigger. On Northern Ireland, think of the problems, with Sinn Fein already talking a united Ireland and the possibility of a border between northern and southern Ireland. On Gibraltar, Spain is talking about shared sovereignty, so no wonder Gibraltar is worried about the future.

Thirdly, the leavers—those who argued the case for leaving—have got no idea of what it involves. They have no idea of the way forward, which means that we have been sold a false prospectus. Some of my remain colleagues, for whom I have the greatest respect, having worked with them for a while, have thrown in the towel. They say, “We are where we are. We’ve got to accept it. We’d better make the best of it”. I think that that is a defeatist attitude. It does not do this place proud, and it does not do the other place proud either.

I have the greatest respect for a number of colleagues, such as the noble Lord, Lord Butler of Brockwell, my noble friends Lord Hain and Lady Andrews and the noble Lord, Lord Low of Dalston. As the noble Lord, Lord Heseltine, has said outside the House, although not here, once the terms are clear and the negotiations have taken place, we need to give the British people the opportunity to think again. That is not undemocratic or saying that we should forget or abandon the previous referendum, although I have criticised it. We are saying that we should work on the basis of that referendum, and once the terms become clearer, give the British public the opportunity of thinking again. It is our responsibility as parliamentarians—we have that responsibility—to work out how the British public can be given that opportunity, not to join the lemming-like rush into the abyss.