European Union (Withdrawal) (No. 6) Bill

Debate between Lord Goldsmith and Lord Forsyth of Drumlean

Report stage (Hansard): House of Lords
Friday 6th September 2019 Lords Chamber

[Lord Forsyth of Drumlean]

Oh my goodness. I have to say to the noble Lord, Lord Rooker, for whom I have great admiration, that I am struggling with that response because the words say that a letter should be sent by the Prime Minister requesting an extension in order not just to debate but to debate and pass a Bill. He has to send a letter saying he wants an extension because he is planning to pass a Bill to implement the May agreement, which has been rejected three times—the noble Lord, Lord Rooker, is absolutely right—and put in place the results of the discussions, on which I do not have information, other than what I have read in the newspapers. That is anticipating the decisions by the House of Commons.

My noble friend Lord Cormack said that he supported the May deal and that there are many people who supported the May deal, but the May deal was rejected by the biggest vote ever in the other place. The noble Lord, Lord Brooke, made a very good point about the political agreement and having discussions. He may be right in his criticism that not enough has been done to take that part of the thing forward. Taking out this defective part of the Bill does not prevent discussions taking place.

My noble friend Lord Hamilton made a crucial point that if this provision is deficient—and everybody agrees that it is deficient—what is this House for if not to deal with those matters? The noble Lord, Lord Rooker, said there is a matter of trust. I am most grateful to my noble friend Lord Callanan for his honesty and transparency. We were under the impression that the deal agreed between the Front Benches would result in this matter being taken out—he has confirmed that—and we are now being told that it is not being taken out because the legal advice is that it would not fly anyway, so we put into the Bill something which is legally deficient; that is okay, and that is what this House has come to. We do that because we do not believe that the Government will be as good as their word when the people who were on the other side of the agreement have not been as good as their word. I hope that the Government are rather better than that. We have a duty to pass legislation which is proper. I am not a lawyer, but the noble Lord, Lord Marks, told us that it would have no legal effect whatever, and my noble and learned friend Lord Mackay of Clashfern—not Drumlean —gave us the opposite advice, so it would appear that there is at least some doubt about whether it would have legal effect.

My noble and learned friend Lord Mackay said it was not meaningless and the noble Lord, Lord Marks, said he agreed that—I hope I am not pushing too far here—it should not be there but because it is meaningless, it could stay there. The noble Lord, Lord Jones, told us that the entire country is sick to death of all of us. On that, I am sure we can all agree.

[Lord Goldsmith]

I am going to ask the noble Lord this question because he has questioned the comments that have been made about trust. In that context, does he want to comment on what the Prime Minister said this morning, which was that he will not seek an extension even if it is passed in law? Does that change his view on whether a question of trust is at play here?

Business of the House

Debate between Lord Goldsmith and Lord Forsyth of Drumlean

Wednesday 4th September 2019 Lords Chamber

[Lord Goldsmith (Lab)]

My Lords, from this Front Bench I thank the noble Lord, Lord Cormack, for what he said, which was in good tone and wise. The important thing is that he called on both Front Benches. Noble Lords will recall my noble friend Lady Smith, the Leader of the Opposition, saying at the beginning of the debate that if we could be clear that the Bill could get through in time—that means before prorogation, because otherwise we know what would happen—then she did not see her Motion as necessary. I am not in a position to make promises on her behalf and certainly not in a position to say anything about general elections—that is way above my pay grade—but on the point about whether the Front Benches can agree a business Motion, as it were, to get the Bill through in time, that is something that I understood my noble friend to say she would welcome. At that time, the Leader of the House was saying something different. I am not going to put her on the spot, but if we knew that both Front Benches were saying that, that would be a very different matter and it would be welcomed by the House. I understand the House and the noble Lord, Lord Forsyth, to be accepting the proposition of the noble Lord, Lord Cormack. I am not going to say anything more, since I cannot, but I give way to the noble Lord, Lord Forsyth.

[Lord Forsyth of Drumlean]

The noble and learned Lord is being very constructive, but he has left out the key point. There needs to be a commitment from the Opposition that they will allow the Prime Minister to take his case to the country. I find it quite extraordinary that the Opposition do not want to fight a general election.

European Union (Withdrawal) (No. 5) Bill

Debate between Lord Goldsmith and Lord Forsyth of Drumlean

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

[Lord Goldsmith]

I think it speaks for itself. We have not found ourselves in this sort of situation before. Others in the House can deal with this, if they would like, through the Procedure Committee later.

So far as the amendment itself is concerned—

[Lord Forsyth of Drumlean]

Could the noble Lord help us understand what the word “exceptional” means? On Thursday we had five closure Motions, where the Lord Speaker had to read out a text that says this should be used only in the most exceptional circumstances.

[Lord Goldsmith]

That was the view the House took on each of those closure Motions.

To deal with the substance, we oppose the amendment, essentially for the reason put forward by the noble Lord, Lord Pannick—that we should not send this Bill back with constraints on the other place. What will then happen is for the Prime Minister and the other House to determine, but I urge the noble Baroness not to press her amendment.

--- Later in debate ---

[Lord Forsyth of Drumlean]

Before the noble Lord sits down, why does he think the Government would resist this?

[Lord Goldsmith]

My Lords, the noble Lord, Lord Pannick, is right, though I understand where the noble Baroness, Lady Noakes, is coming from. The point has been made about the Bill itself, but this does not take the Bill away—it will have served its purpose, or not, and therefore we could not support this amendment. I imagine the Government would not either, but I wait to hear.