European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) Regulations 2019

Lord Hannay of Chiswick Excerpts

Wednesday 27th March 2019 Lords Chamber

[Lord Robathan (Con)]

My Lords, the noble Baroness, Lady Hayter, will be horrified to discover that I agree with a great deal of what she has said. I will not support her amendment because I do not agree with the last clause, but no one in this House could think that things are going well. Perhaps somebody does, but I do not think so. We have a Government who, frankly, are in chaos—I say so to my Front Bench—a Parliament in disarray and, regrettably, a Prime Minister who appears to have lost the support of her Cabinet, her party, the Commons and, I fear, the people. For me this is a very sad day, because I had always hoped to support a Conservative Government.

This SI, as we know, enacts something that has been imposed upon us by the European Commission, Herr Juncker and Monsieur Barnier. I would think everyone feels some sadness over this, whatever position they take; Parliament passed the Withdrawal Act—it was fiercely contested, but agreed—and now it is dismissed by the Council by diktat. I find that worrying, and it should be understood that that is why people like me wish to see the supremacy of UK law restored.

This legislation seems to me somewhat dishonest. Let me explain why. I have not counted, but the Prime Minister is alleged to have said in Parliament 108 times that we are leaving on 29 March. That is this Friday. One has to ask—again, this is not a matter for joy on any side of the House—whether anyone will trust anything she says again. Frankly, that extrapolates very quickly into trust in politicians being at the all-time lowest I have seen in my lifetime. Those who support this SI should know that people will see it as evidence that you cannot trust Parliament, you cannot trust politicians and you cannot trust the Prime Minister—and I find that very worrying. I could trust Tony Blair.

Many in this House may imagine—some smugly, perhaps—that this will lead to our cancelling Brexit and staying in the EU. Again, I say that this will undermine the trust of the British people. Those who think that must understand the damage being done to our political system and to trust in Parliament. We have gone beyond a simple matter of disagreeing, frayed tempers and civil discussion while we disagree into hate speak. Vitriol has been released into the body politic. We no longer disagree civilly; people argue in such a way that I think some have been driven mad on both sides. It is not civil disagreement when someone smashes an egg on Jeremy Corbyn’s head; it is going much too far, as the magistrate found. I understand that Michael Gove’s wife was told by someone at the weekend that they hoped her husband would drop dead within 100 yards. This is lunatic. Where are we going? And I fear it may get worse.

Parliament made a promise. I believe that referendums are a terrible idea but Parliament promised that it would enact the decision of the British people. I am glad to say that I was not here to vote for the referendum Act in 2015, but I was able to support leave in 2016, although I still thought the referendum a bad idea. We, collectively, as a Parliament—as a political class, if you like—made a promise to accept the decision of the British people. Now, today, we are backsliding. I fear we shall not be forgiven by a great many people outside here and I fear for the future—I really do.

I have no idea what will happen and I shall not predict. It is very unwise if one does. We should not imagine or pretend, however, that Parliament or the Government come out of this well. I fear it will be a long time before that trust between Parliament and the people, and trust in the Government, is restored—if indeed it ever is. If noble Members do not believe me, they should go down the Corridor and speak to MPs—Labour, Conservative and Lib Dem—and hear what their constituents are saying. They are losing faith, if I may put it that way.

I agree with so much that the noble Baroness, Lady Hayter, said that I hope, for once, we can come together on this, although not on her amendment. I will oppose it but I will not support the government SI, should it go to a Division. It breaks faith with the British electorate and those who believed what the Prime Minister has said more than 100 times.

[Lord Hannay of Chiswick (CB)]

My Lords, I was a signatory to the amendment to the then European Union (Withdrawal) Bill 2018 that would have avoided the Government being in this predicament today, but I will not go on at any great length about that. The noble Baroness, Lady Hayter, and the noble Duke, the Duke of Wellington, have explained the history very well. It is perfectly clear that we—and, above all, the Government and the Minister—would be in a better place today if that amendment had not been overturned in the Commons. But it was and now we are busy repeating the exercise. I take some comfort, however, from the noble Lord, Lord Callanan, having confirmed that there is nothing in the statutory instrument that prevents our doing the whole thing again if 11, 12 or 22 May turn out to be the unicorns that 29 March turned out to be. It is a very odd and unsatisfactory way of proceeding but I would support the statutory instrument.

On the rather bizarre discussion that went on in the other place about whether domestic law was overruled by international law, I entirely concur with the point made by the noble Baroness, Lady Ludford: it is not international law that is overruling, it is European Union law, because we are still a member of the European Union, and the statutory instrument is prolonging that. I say only that the Minister and anyone else who wishes that we had left on 29 March had better get used to this, because if the Prime Minister’s deal goes through—not all that likely, perhaps, but possible—rulings of the European Court of Justice will be directly applicable in this country until December 2020. They will overrule domestic law. So we had better get used to it, and we had better get used to describing it properly as it is: part of our treaty obligations as a member of the European Union.

The amendment in the name of the noble Baroness, Lady Hayter, is a masterly understatement of the damage that has been done. There is no reference to the large sums of public money which have been spent preparing for the eventuality that no deal was better than a bad deal, which has proved to be just about the most useless piece of negotiating capital that has ever been used—a real piece of damp spaghetti. That is sad. I therefore support her amendment.