European Union (Withdrawal) Bill

Lord Howard of Lympne Excerpts

Monday 18th June 2018 Lords Chamber

[Lord True]

Is it unacceptable? No, I am not giving way. I did not catch the remark opposite but I make the point that it is perfectly reasonable for me to address issues surrounding the same person. Mr Dominic Grieve claims that he does not wish to delay or frustrate Brexit—the same thing that is said by all those in that group. However, it seems to me that he is so assiduous in wanting to that he even takes time to go to the offices of the European Commission to report to Mr Alastair Campbell on progress. He is so worried about leaving the European Union that he declares himself ready to “collapse the Government”. There is no doubt that the noble Lord, Lord Grocott, is right: if the Government were unable to achieve the central purposes of the Administration they would be in jeopardy. “Collapse the Government”—hold that in your Lordships’ minds when you consider with whom you wish to align yourselves. Is that the game that your Lordships, in this unelected House, wish to play?

We hear time and again—we heard it again today from others—that none of their actions is intended to delay or prevent Brexit. However, when I see some of the actions, and hear some of their words, I have to say: you could have fooled me. I doubt that they are fooling the good people of Sunderland or Stoke. All that I ask is this: if they do not wish to delay or prevent Brexit, let them be as good as their words and make it clear that none of the Motions they talk about would frustrate it. I freely accept that my amendment might not be the best way of accomplishing this, but it is one way—one that I hope will be given consideration, if not in your Lordships’ House then by others. My amendment is simply an attempt to reflect in law what the people behind this amendment say they want; that is, not to delay or prevent Brexit.

I will not enter into the constitutional rights and wrongs of my noble friend’s aspiration to give the House of Commons potential control over the Government in negotiations, which an amendable Motion would do. However, I believe that to be utterly impractical and totally unconstitutional. It is ridiculous—utterly ridiculous—to conceive that the House of Commons, with over 600 diverse opinions and meeting in public, is capable of determining effective negotiations with the European Union, or indeed the Republic of Vanuatu. It is inconceivable and absurd.

The simple question before noble Lords on these amendments is whether any resolution or Motion outside an Act of Parliament should be capable of delaying or preventing the United Kingdom’s departure from the European Union, which an amendable Motion of the type proposed by my noble friend may well, or should it not? I submit that it should not. I submit that it is time for us to respect the votes—and listen to the roar that goes up—of 17.4 million of our fellow country- men and women in the referendum. For me, at least, those votes had meaning, profound meaning. I submit that we should respect the 27.5 million votes given at the last general election to parties promising to deliver what the British people had voted for, including the Front Bench opposite, who dive and duck to get out of the commitments that they gave at that general election. For me, those votes at that election had meaning, profound meaning. I submit that no parliamentary manoeuvre, no resolution and no Motion such as my noble friend’s amendment envisages should be permitted to have the effect of removing from the British people or eroding their opportunity to have what they asked for with awful clarity—leave. Frankly, no huddled meeting in Smith Square should be permitted to kick the aspirations of the majority further down the road.

This great House should not, by supporting my noble friend, give those who wish to frustrate Brexit a blank cheque to write on. My own amendment is entirely without prejudice to whatever each of your Lordships may decide on the noble Viscount’s amendment. The real question is on his amendment. Do your Lordships, including noble Lords on the Cross Benches, want to be party to further games of “collapse the Government”, or do we accept, as I do, that the Government have in Motion F made a serious attempt to compromise on which the House of Commons should now be allowed to decide? For my part, I think that the Government have gone far and tried long to meet the concerns expressed in another place, in your Lordships’ House and outside—further, actually, and longer than some of us might wish. But the Government are to be commended for that, and I shall support them on their amendments.

I add one final thing. Look at the Marshalled List and the width and breadth of the amendment laid by the Government in line with Motion F. It is perfectly possible that that amendment from the Government goes back to the other place and perfectly possible for the other place to amend and offer an amendment in lieu. The matter can be decided. It is time for each and every one of us to be clear where we stand, and where we think this House of Lords should go. This House has gone a long way and made its voice heard; it has carried many of the arguments for the remainer cause. Do we wish to go on delaying, preventing and prevaricating when the Government have made the offer on the Marshalled List that we have today? Do we wish to be accessories before the fact in parliamentary games to delay resolution and weaken this country’s negotiating position for months and months ahead, or do we say, “My Lords, it’s time enough—let the Commons decide on the matter that the Government have put before us in lieu”? I beg to move.

[Lord Howard of Lympne (Con)]

My Lords, this is not a debate about the integrity of Mr Dominic Grieve, and I shall do my very best to avoid mentioning his name again. It is a debate on the terms of the amendments before your Lordships’ House this afternoon. My noble friend the Leader made a cogent and compelling case for the government amendments and I do not intend to elaborate on it at any length. She made it clear that the effect of the amendment in the name of my noble friend Lord Hailsham would be to confer on Parliament a negotiating power that has always resided in the hands of the Executive in our country. That is why, as my noble friend the Leader said, Professor Vernon Bogdanor has described the amendment as a “constitutional absurdity”. It is a measure of the weakness of the case put forward by my noble friend Lord Hailsham that he was driven, in the end, to impugn the validity of the Article 50 vote in the House of Commons—a vote passed by a very large majority in the very House whose cause he purports to champion as the basis of his amendment.

I want to elaborate briefly on a point just made by my noble friend Lord True. My noble friend Lord Hailsham said, at the very outset of his speech, that the purpose of his amendment was to give the House of Commons the opportunity to consider it. It is a simple and irrefutable fact that the House of Commons will have that opportunity without passing my noble friend’s amendment. The House of Commons will have that opportunity if the Government’s amendment is passed, because that amendment has not been considered by the other place. So, when the Government’s amendment comes to the other place, it will be open to them to accept it, reject it or amend it. They can amend it in the terms of the amendment put forward by my noble friend Lord Hailsham. The very purpose of his amendment—

[Baroness Smith of Basildon]

My Lords—

[Lord Howard of Lympne]

I will give way when I have finished my sentence. The very purpose of the amendment put forward by the noble Viscount can be achieved without its passing.

[Baroness Smith of Basildon]

I apologise to the noble Lord for interrupting, but I may be helpful on House of Commons procedure. If an amendment goes from this place to the House of Commons and is amended, the chances are that the only amendment that could be voted on is a government one. At the moment of interruption, only government amendments are voted on. Back-Bench amendments would not be voted on.

[Lord Howard of Lympne]

The operative phrase in the noble Baroness’s observation was “the chances are”. I believe that, if the House of Commons wished to consider the amendment in the terms put forward by the noble Viscount, it would be able to do so.

[Lord Cormack]

The noble Baroness was right. It should be desirable that the other place could do what my noble friend wants, but the rules of that House would preclude it.

[Lord Howard of Lympne]

I am afraid that I disagree with my noble friend. As we know, the Speaker of the House of Commons is very eager these days to allow all sorts of amendments to be put.

[Noble Lords]

Oh!

--- Later in debate ---

[Lord Howard of Lympne]

The noble Baroness said “the chances are”; that was the operative phrase in her remarks.

It is often said in our debates that the purpose of the amendment put forward is to give the other place the opportunity to think again. It is a powerful argument, which has influenced many of your Lordships in putting forward amendments and in voting for them. I submit that it is not necessary to defeat the Government to achieve that objective with these amendments.

I shall say one more thing before I sit down. Many of your Lordships—conspicuously not my noble friend Lord Hailsham—have vociferously denied any intention to delay Brexit. The amendment tabled by my noble friend Lord True gives effect to those denials. The only people who need have any concern about the effect of the amendment put forward by my noble friend are those who indeed desire to delay Brexit. I therefore congratulate my noble friend on his amendment, and should he wish to test the opinion of the House on it, I for one will vote in its favour. The one thing that should not happen is that a message goes out from this House that this unelected Chamber is determined to delay the implementation of the wishes of the British people.

[Lord Lamont of Lerwick (Con)]

My Lords, I support the Motion moved by the Minister and oppose that put forward in both versions by my noble friend. He spoke with enormous force and eloquence; he left very little for the day of judgment. I am going to have Sunday lunch with him in a few days’ time, and I shall make sure that I am at the other end of the room, at the other end of the table.