European Union Bill

Lord Hannay of Chiswick Excerpts

Tuesday 5th April 2011 Lords Chamber

[Lord Stoddart of Swindon]

Yes, it was in 1979. There, the 40 per cent threshold was introduced by a few people who were not very much in favour of Scottish devolution, and the proposal did not pass because of the 40 per cent. That was accepted by people. Of course, eventually, the campaign for Scottish devolution won on a reasonable and substantial majority. I am afraid that I would be against Amendment 5, but I would be very happy to support Amendment 6.

[Lord Hannay of Chiswick]

My Lords, I find myself in the unusual position of agreeing with half of what the noble Lord, Lord Stoddart, said and the very usual position of agreeing with absolutely everything that the noble Lord, Lord Hurd, said, which is not surprising because I have been doing that for a long time. I should like to make two or three points. First, the Government owe us a clearer reaction to the views of the Constitution Committee of this House on referendums in relation to this Bill. At Second Reading, we heard nothing about it whatever. We have not heard a single response from the Government to the report of 17 March. I really think that we must now ask that the Government state their position clearly. Of course, they stated their position on the Constitution Committee’s report of last October when we had a debate. It was rather a long time ago, so perhaps they could refresh our views on that.

This matter is important because the 17 March report stated that referendums should be used only for major constitutional issues. In the view of the Constitution Committee, a large number of the issues put into this Bill as having the potential for a referendum did not fulfil that criterion. I really think that the Government need to state why they are rejecting the advice of the Constitution Committee in that respect. I would be grateful if the noble Lord would say something about that.

Secondly, I am not sure how well it has sunk into everyone’s minds that this Bill in its approach to referendums is totally different from any legislation that has provided for a referendum in this country before now. Up to now, we have had referendums on the European Community in 1975, on Scotland, on Wales, on Northern Ireland and now on AV. Every one of those was a separate piece of primary legislation that laid down the precise conditions and circumstances in which the referendum was to be taken. However, this is a blank cheque for referendums—referendums a-go-go. Some of them are no doubt on matters of considerable importance and some of them on matters of lesser importance. The point is that if we pass this Bill in the form that the Government have proposed, we are taking a major step towards plebiscitary democracy and away from representative parliamentary democracy. We should have absolutely no illusions about that. It is completely different from the situation with the other referendums, and they cannot be quoted in any way to defend the Bill because this situation is quite different.

I would like to make a further point to the Minister and to his colleague, who is now unwell. I feel very bad about that because we gave him a rather hard time before the dinner break. Now that I know he was not well, I wish that we had not. However, he used this argument again and again, as did the noble Lord at Second Reading. I do not doubt the sincerity with which they say that the purpose of the legislation is to reconcile the British people with the European Union better than they are currently. Their analysis of the problem in this country is absolutely correct, but their prescription for a solution is completely incredible. It is just not believable that holding a series of referendums on the European Union is going to make the people feel more favourable about the European Union than they do now.

In fact, the exact contrary is likely to be the consequence. I know that it is not the consequence that the Government wish to see or which they are aiming for, but having lived through the saga of Britain’s relationship with the European Union for about the past 40 years, that is what is going to happen. We saw it in 1975 when the protagonists of the referendum, Tony Benn and others, assured us that once the referendum was over it would all be finished and we would be happy kittens in a basket. Two days after the referendum, they were campaigning for another one to reject any further integration into the European Union, or whatever it was. Frankly, this is not credible. The Government’s story does not hold water.

I accept that the solution put forward by my noble friend Lord Williamson is only a palliative, but it is an important one. It would meet the point that we were not slipping down the hill towards a plebiscitary democracy because we would leave Parliament in charge from the beginning of the process to the end. I am sure that, if there was a large majority from a large vote against something, there is no way in which the Government of the day would then ram the thing through. That is just not credible. But if the vote was small, it would be quite right for Parliament to take the final decision, and that is what the amendments tabled by my noble friend would achieve. I think that some combination of the thrust of his two amendments, to make the referendums advisory and to set a 40 per cent threshold, would be the best way of limiting what otherwise could be a serious attack on the way in which this country has been governed for several hundred years.

[Baroness Williams of Crosby]

My Lords, I add briefly to what the noble Lord, Lord Hannay, has said by making a couple of additional points. The first is that in many ways this Bill expresses a lack of confidence in representative democracy, which troubles me quite profoundly. Of course we know that we already have issues surrounding the faith and trust of the electorate in us. For Parliament itself to say that it cannot be fully trusted with issues of such importance when it has made a thoughtful and deliberate decision, when that decision has been subjected to discussion both in this House and in another place, and when constituents have been duly consulted so that all that can be set aside by a referendum that might have had a very small number of participants, is not only risible but is extremely dangerous politics. That is one of the reasons why the argument for 40 per cent is so strong.

The second reason is quite straightforward. The threshold of 40 per cent will simply discourage those who want to hold a referendum to suit their own special interests, and nothing wider than that. Rather than spend money on a referendum for which they cannot get a substantial turnout, they will decide not to press the issue.

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[Baroness Falkner of Margravine]

I think that the noble Lord, Lord Richard, knows exactly what I am talking about, and what I am talking about is trust. I am talking about an attitude. He can read Hansard as well as I will tomorrow, and he will see that I said that there was a tone—I did not suggest that the word “deference” had been used—in proceedings earlier this evening, and the tone is, “We know best”.

[Lord Hannay of Chiswick]

I am most grateful to the noble Baroness for giving way. I really think that she ought not to use this term “deference”. If I understand it rightly, this House is part of the legislature of this country and has a voice to express views on matters and to take decisions. We are not asking for the people of this country to express deference; we are expressing a view about the constitution of this country. That cannot be dismissed by accusing people who say that they are against referendums of camping on deference. I would like, frankly, to abandon that thought, which I do not think fits in our constitutional practice.

[Baroness Falkner of Margravine]

My Lords, again, I have to say that I think that when we say that we are giving up representative democracy in favour of plebiscitary democracy, we are on ground which is difficult to explain out there in the media. In the debate on Amendment 1, the noble Lord, Lord Kerr of Kinlochard, said that it was undoubtedly true that the public did not trust Parliament on EU matters to the extent that they had done in the past, and that there was a disconnect—

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[Lord Wallace of Saltaire]

In either sense, if it was a mandate, the Labour Government did not fulfil it.

The noble Lord, Lord Hannay, asked me why the Government had not yet replied to the Constitution Committee. I have seen the Government’s response, which was submitted to the committee last week—last Wednesday, I believe. I do not understand why it has not yet been published, and I very much hope that it will be published within the next few days.

[Lord Hannay of Chiswick]

I would be grateful if the Minister would not play hide and seek with this matter. Presumably, if it has been transmitted, he knows what is in it. Could he just say what it says?

[Lord Wallace of Saltaire]

That would take me a long time. I assure the noble Lord that I will make sure he gets a copy as soon as possible and that it is published as soon as possible.