Further Discussions with the European Union under Article 50 of the Treaty on European Union

Lord Garel-Jones Excerpts

Wednesday 27th February 2019 Lords Chamber

[Lord Callanan]

The noble Lord will not be surprised to know that I have not seen read-outs from all those conversations, but I know from speaking to other Europe Ministers at various gatherings that there is considerable sympathy for many of our arguments.

It is imperative that the British people are able to trust in the Government to respect democratic processes and deliver effective outcomes for them. For that reason, it is our firm belief that even to consider holding a second people’s vote would set a damaging precedent for our democracy and the principles that underpin our constitutional order.

[Lord Garel-Jones (Con)]

Would my noble friend give way?

[Lord Callanan]

I thought that might prompt some interventions.

[Lord Garel-Jones]

My noble friend will no doubt be aware of the ruling by the Supreme Court following the 2016 referendum. It stated that the,

“legal significance is determined by what Parliament included in the statute authorising it, and that statute simply provided for the referendum to be held without specifying the consequences. The change in the law required to implement the referendum’s outcome must be made in the only way permitted by the UK constitution, namely by legislation”.


Consequently, if Parliament is unable to reach a consensus on any particular deal, is not the logic then that the people should be consulted again?

[Lord Callanan]

I am afraid I do not follow my noble friend’s argument. Parliament agreed to respect the outcome of the referendum in tabling the notification of withdrawal Bill.

--- Later in debate ---

[Lord Garel-Jones]

But the Supreme Court has made it clear that under the British constitution, while Parliament agreed to hold the referendum, it did not agree on the outcome, and that outcome must be agreed by Parliament. If Parliament cannot agree, the people must be consulted.

[Lord Callanan]

I am afraid that I do not follow the noble Lord’s logic on this. Parliament did support the outcome of the referendum. The Government made it clear at the time that they would abide by the result and spent £9 million putting a leaflet into every house in the country saying, “It’s your decision—we will respect the outcome”. Parliament then voted for the notification of withdrawal Bill, which gave notification of our intention to leave the European Union. Parliament then confirmed our exit date in the EU withdrawal Bill, passed in the summer. So it is not true that Parliament has not supported the result of the referendum.