European Union (Notification of Withdrawal) Bill

Debate between Lord Grocott and Lord True

Report stage (Hansard - continued): House of Lords
Tuesday 7th March 2017 Lords Chamber

[Lord Grocott]

My Lords, the noble Lord, Lord Kerr, quite rightly—and entertainingly as always—referred to the crucial element of parliamentary sovereignty. We have heard from top lawyers and diplomats and I only offer some thoughts as a run-of-the-mill parliamentarian. I could not possibly vote against parliamentary sovereignty. Voting against an amendment such as this would be like voting against motherhood and apple pie. It is something in which I passionately believe. It was one of the reasons why many people—and I was one of them—were concerned during the course of the European referendum because it seemed incontrovertible that the way in which the European Union had developed involved a steady erosion of parliamentary sovereignty. It would be quite difficult to disagree with this proposition.

When addressing this amendment, we have to decide what a decision by Parliament actually comprises. I am forced to read the amendment. Proposed subsection (1) refers to,

“without the approval of both Houses of Parliament”.

Subsection (3) requires:

“The prior approval of both Houses of Parliament”,


Subsection (4) refers to:

“The prior approval of both Houses of Parliament”.


With great respect to the weight of legal opinion being offered, to propose this amendment without being clear as to what is involved in the approval of both Houses of Parliament is to leave an ambiguity at its heart. It is hardly necessary to add to what the noble and learned Lord, Lord Mackay, has already said.

I was concerned about this from the start. I raised it in Committee. There has been an attempt to move towards answering the question, “What happens if the Commons say ‘yes’ and the Lords say ‘no’?”. The solution is certainly not contained within these amendments.

I made an, admittedly inadequate, attempt with the Public Bill Office to see if there was any way in which I could put down an amendment which would satisfy, or at least address, this problem at the heart of the Bill. If the House will forgive me—as I will conclude shortly afterwards—I will read out the terms of the defunct amendment. It would have said:

“(5) If, under the provisions of subsections (1), (3) or (4), there is disagreement between the House of Commons and the House of Lords as to whether or not the agreement or decision should be approved, the view of the House of Commons prevails over the view of the House of Lords”.


That makes an attempt to explain precisely—or, I hope, resolve precisely—the ambiguity at the heart of the Bill.

[Lord True]

I was following the noble Lord’s argument, and I agree with it in terms of the imprecision and lack of clarity as to what happens if both Houses disagree. Does he agree that there is a further issue in relation to the different procedures of the two Houses? In the House of Commons, the Government control the agenda. We heard from the noble Lord, Lord Pannick, that what happens in this House will be up to the Government. But am I not right in saying that any noble Lord can put down an amendment at any time to disapprove a resolution and this House will vote on it? Surely there cannot be any circumstances in this House in which the Government control what might constitute approval or disapproval. Is this not a further difficulty with the amendment?

[Lord Grocott]

Yes. I can understand that point. I want to emphasise the central problem, which the noble and learned Lord, Lord Mackay, has identified. I ask the House—or, more specifically, the mover of the amendment—whether something like that, included at Third Reading, would solve the difficulty which I think even he would acknowledge was expressed in the various interventions that he dealt with.

There is one thing that I can influence to some degree—something which, if not within the control of this House, is within the control of my beloved Labour Party. For as long as I have been in it, it has been absolutely clear about the primacy of the elected House over the unelected House. I say this to my Front Bench and to my very good noble friend Lady Hayter, who will be winding up. Should we pass this amendment as written and, in two years’ time, find ourselves in a situation where there is a clash between the House of Commons and the House of Lords, and if all the normal attempts at agreement and solutions to the differences had been tried, this party, at any rate, would assert clearly that, ultimately, the primacy of the House of Commons must prevail.