European Union (Future Relationship) Bill

Lord Judge Excerpts

3rd reading & 2nd reading & Committee negatived & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard) & Committee negatived (Hansard): House of Lords
Wednesday 30th December 2020 Lords Chamber

[Lord Judge (CB) [V]]

We can—indeed, as it is the only opportunity we shall have, we must—discuss whether the future relationship agreement represents what has been described as a hard or soft, or, nowadays, a thin, scrawny or perhaps plump, deal, but I fear the single question for decision by us today is whether, however we choose to describe it or to deride it, and with whatever level of reservation or hesitation, we accept this deal or not.

Personally, I breathed the sigh of relief described by the noble Lord, Lord Newby, when I heard the news that a deal had eventually been negotiated. I share the views already expressed that there are problems and disappointments with it, which will no doubt be ventilated this afternoon, as they were in the other place by the leader of the Opposition this morning. But I respectfully suggest that the discussions that we have today about how and when the agreement was eventually signed should not overlook that there were two parties to the negotiations. It was the duty of the EU negotiators to do their best to protect the interests of the EU from the consequences of the unwanted departure of one of its members, and to do so in a way which kept 27 sovereign countries content with what was to be agreed. It was not open to us to require a negotiated settlement in which we dictated the terms of our departure; the EU was never going to make easy concessions and our negotiating hand was not strong enough to obtain them. One has to be careful not to be unfair to those responsible for the negotiations.

As I indicated, I welcome with relief what I believe to be a workable deal, the most important feature of which is the restoration of parliamentary sovereignty. In years to come, we must make it clear that from now on—that is to say, from 1 January 2021—the Prime Minister has no sovereignty, the Executive have no sovereignty and there is no coronation after a successful election campaign culminating in a large majority for one party or the other. I am stating the obvious, but today’s legislation exemplifies the unwanted tendency—if I may adapt the words of John Dunning in 1780—of the Executive to command, and to expect to command, the legislative process, rather than to defer to it, which has increased, is increasing and should be diminished.

That is really all I have time to say—there is much more that I would like to say. However, there is one positive aspect of the Bill, which is that we parliamentarians in both Houses must wake up to the fact that there should now be proper, true parliamentary control of the legislative process. But that is up to us.