European Union (Notification of Withdrawal) Bill

Lord Lea of Crondall Excerpts

Ping Pong (Hansard): House of Lords
Monday 13th March 2017 Lords Chamber

[Lord Pannick (CB)]

My Lords, I moved the amendment last week that was approved by your Lordships’ House. I very much regret that the House of Commons has not taken the advice of this House and indeed that the Government have made no effort to move in the direction of the views of this House. We won the vote last week because we won the argument. That is why the amendment was carried by a majority of 98, with the largest number of noble Lords voting, so I understand, in any vote since 1831.

However, it is now time for this House to give way to the House of Commons on this matter. Earlier this evening the Government had a majority of 45 in the Commons. There is no reason whatsoever to think that if this House were to stand its ground, the Commons would change its view later this evening. I have to say to the noble Baroness that for the Liberal Democrats to press this matter is in parliamentary terms—I say nothing about any other consideration—a completely pointless gesture, and I for my part cannot support it.

I also bear in mind that this afternoon the Secretary of State gave a clear assurance that any agreement would be put to both Houses for their approval. I would prefer that to be in the Bill, but we do have an assurance. We have no assurance on parliamentary approval if the Prime Minister decides it would be better to leave the EU with no deal, and I regret that. However, I take some comfort from the point that was made last week by a number of noble Lords who were supporting the Government: Parliament has ample means of asserting its sovereignty in those circumstances.

I have two other brief points. The first is that this Bill has demonstrated the value of parliamentary sovereignty at this stage of notifying our intention to withdraw from the EU. It is only because of the determination of my client, Mrs Gina Miller, and the independence of the Divisional Court and the Supreme Court that we have had the Bill at all. I very much hope that during the negotiating process, and at the end of it, the Government will show more wisdom on the question of parliamentary sovereignty than they have done at this notification stage.

My other point is that for my part, I bear very much in mind that this is only the beginning of the process of withdrawal from the EU, a point the Minister has repeatedly emphasised. A much more complex Bill is going to be brought forward in the next Session to repeal the European Communities Act 1972 in order to maintain rights and duties that owe their origin to EU law.

The Government are on notice that this House will be scrutinising that Bill with especial care to ensure that parliamentary sovereignty, the rule of law and other constitutional principles are upheld. Your Lordships’ Constitution Committee, of which I am a member, under the excellent chairmanship of the noble Lord, Lord Lang, has produced an introduction to some of the issues which will arise.

This is just the start of the debate. This House has made known its views on the importance of parliamentary sovereignty. I very much look forward to continuing the debate with the Minister, but not on this Bill.

[Lord Lea of Crondall (Lab)]

My Lords, the best part of 35 years ago, I had a hand in trying to amend what Gerald Kaufman described as the longest suicide note in history. I have played a little part in trying to amend what I think we should now call the shortest suicide note in history.

On the question of how Parliament fits into this, Parliament will be there in two years’ time and there will be plenty of opportunity then—I would have preferred it today—for Parliament to have a decisive say, whatever the small print says, in relation to scenario A, B or any other scenario at the outcome of the negotiations, which I do not think will be a happy occasion.

[Lord Taverne (LD)]

My Lords, I want to discuss a fundamental question. I think that we are absolutely justified on this occasion, for this amendment, in not giving way to the House of Commons, because it has now in effect abandoned the principle of parliamentary democracy and taken the view that the referendum verdict is sacrosanct and cannot be challenged. That is clearly the opinion of the Government. What does that mean? It means that MPs are delegates, not representatives; it means there is no point in parliamentary government considering the argument, and debates considering the evidence; they have to obey the will of the people. That is now the principle.

I was not the greatest admirer of Mrs Thatcher in all her policies, but she was not someone who said to the electorate, “These are my principles, and if you don’t like them, I will change them”. That, in effect, is what some of those who supported the remain cause and felt deeply that Brexit would be disastrous or very damaging to this country have now accepted. It is a very dangerous step towards the doctrine that the people’s will must always prevail. This is the doctrine always favoured by Hitler, Mussolini and Stalin—and by Erdogan at present. It is a denial of the essence of democracy, which we have supported to great effect in this country. Now we are abandoning it.

We are the guardians of parliamentary democracy, and we are right in this. We are the democrats and we are right to support the democratic cause.