Referendums: Parliamentary Democracy

Lord Judd Excerpts

Thursday 19th July 2018 Lords Chamber

[Lord Judd (Lab)]

My Lords, whenever I listen to the noble Lord, Lord Norton, I always think how immensely fortunate we are in this House to have somebody who approaches matters of this kind with so much clarity and convincing analysis.

I thank most warmly my old personal friend, the noble Lord, Lord Higgins, for having given us the opportunity to discuss this matter today. I have always been persuaded that the constitution in the broadest sense belongs to the people and that we are the practitioners. But of course it is not as simple as that, because what has evolved with our constitution—and it is just as well to have been reminded by a former Cabinet Secretary that it is changing every day—is that we have representative democracy, and we have very firmly as the pillar of our democracy the concept that communities send representatives, not delegates, to Parliament. Of course, they are morally and intellectually party to the manifesto to which they subscribe, but in Parliament they are expected to use their judgment and wisdom in the interest of the people. That is very precious if democracy is going to work.

Going with that is the concept of consensus. Within whatever constraints come out of a general election, there is a certain limit on absolutism. Other views have to be taken into account; no Parliament can be binding on its successor. Others may come and change the situation. This leads to give-and-take and modification, a process of self-education in Parliament about the issues faced and the solutions advocated.

After quite a long time in Parliament, I feel more strongly than ever that parliamentary democracy will work successfully only with strong, clear political leadership. It is essential for leadership to spell out to people what the issues really are, their implications and what is needed to put them right. We cannot abandon that process to the media and the ill-prepared public.

I must recognise, however, that the people were given the opportunity to express their views in a referendum. I cannot for the life of me see how—in the light of all that has emerged since, all the discussions and all the realities that have been revealed—we can possibly seal such a significant change in our constitution without the people having had an opportunity to endorse again whether they accept what is being put forward. I am not sure that I favour another referendum. However, if not a referendum there must be a general election before the situation is sealed, because the people must have had an opportunity to hear the arguments and to listen to contrary points of view on what should be done, before making their decision.

I do not think that it was right to go down the road of a referendum, and I am uneasy and a bit disturbed by the rationalisation that is now going on. With great respect to my noble friend Lord Parekh, I question how you constitutionalise that process: I do not believe that referenda and parliamentary representative democracy can work alongside each other. One is about intelligent and critical debate and outcome, cut and thrust and building consensus and so on, and the other, when it comes down to brass tacks, is about oversimplified, emotional decisions.

Forgive me for coming back to this theme pretty well every time I am on my feet, but one of the saddest things about the whole referendum process is that anyone who thinks and experiences life in this country knows that we are totally interdependent with the rest of the world: defence, the economy, security and migration all require an international approach—working out what is the best way forward in the interests of our people by working together. That is why I believe that we must seek the endorsement of the people through a general election in which these issues can be fully debated.