European Union Bill

Lord Liddle Excerpts

Wednesday 13th July 2011 Lords Chamber

Moved by

[Lord Liddle]

As an amendment to Motion B, at end insert “but do propose Amendment 13B in lieu”

13B: Clause 6, page 5, line 49, at end insert—
( ) Where this section requires that the referendum condition is met before a decision is approved, the referendum condition will only be mandatory where a Minister of the Crown lays before Parliament a statement indicating that in the Minister’s opinion the issue in question is of major economic and constitutional significance.”

[Lord Liddle]

My Lords, I beg to move Motion B1 in the name of my noble friend Lord Triesman. The original amendment which this House carried reduced the number of referendum locks in the Bill from 56 to three—that is not counting major treaty change. That was the amendment that we carried and that has been considered by the other place. This amendment substitutes for the position we took on that occasion the view that referendums should be mandatory only where, in the view of the Secretary of State, they are of major economic and constitutional significance. I assure noble Lords opposite that that is fully in line with the policy of the Labour Party.

When the Bill first went through the House we were told many times by the noble Lord, Lord Howell, that all the issues covered were constitutionally or economically significant, but when you actually look at it, that cannot be the case. When you look at the questions of moving from consensus, or unanimity, to majority voting listed in Schedule 1 to the Bill, they cannot conceivably be regarded as constitutionally significant. For instance, there are matters such as the approximation of national laws affecting the internal market, the guidelines of economic policies and excessive deficit procedures. As we know, on one of these items—the British Government changing the list of military products exempt from internal market provisions—the noble Lord, Lord Kerr of Kinlochard, pointed out that we had been arguing for this as a country in our national interest for years in the councils of the Union. So the Bill contains far more referendum locks than those that could be regarded as of major constitutional significance.

Noble Lords on the government Benches are fond of quoting the Lords Constitution Committee when it suits them. What they fail to quote is the major conclusion of the Lords Constitution Committee on referendums—that they should be used only on matters of major constitutional significance. They cannot conceivably argue that all the items covered here pass that test. If we do not apply this test, as in this revised amendment, we are making a major move from a representative democracy to a plebiscitary democracy and that is something that should be of as much concern to Eurosceptics as it is to pro-Europeans.

The other problem with this plethora of locks, as we have argued before, is that they will gravely inhibit the ability of any British Minister or Government to represent our national interests in Europe on a flexible basis as issues come up. No Government will volunteer to hold referendums, not because they fear Euroscepticism but because, as has been shown by all the academic evidence that has studied them, referendums are, in the main, decided by the people on issues other than the question being asked. That is what you get in a plebiscitary democracy. All kinds of issues are decided on questions that are nothing to do with the subject of the referendum. If it is impossible to put issues to referendums, then Britain will be very constrained in its European policy. If this is continued for 10 or 20 years, it is bound to lead to a process of British self-marginalisation in the European Union.

I do not believe for a second that that is what the noble Lords, Lord Howell and Lord Wallace, and the Benches opposite want. However, the truth is that the Adullamite cave of anti-Europeans in the other place and in the Conservative Party, who have insisted on putting the Bill in the coalition agreement, want to make Britain marginal in Europe because they want the Bill to lead to Britain coming out of the European Union.

[Lord Dykes]

Is not the noble Lord also perturbed that at the last annual Ditchley lecture the former Prime Minister, the right honourable John Major, feared that Britain was already a semi-detached member of the European Union?

[Lord Liddle]

Yes, I heard that John Major had said that. It is a great concern, which will grow as a result of this policy.

[Lord Pearson of Rannoch]

My Lords—

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[Lord Liddle]

I am sorry, I am not going to give way any more.

[Lord Pearson of Rannoch]

The noble Lord was telling the House how frightful it would be if the United Kingdom were to leave the European Union. I do not know whether he has seen the latest state of public opinion in this country, which is very much at odds with your Lordships’ House. If the noble Lord cares to read a newspaper—which may not be his regular reading—in the shape of today’s Daily Mail, he will see that the public now would vote by 50 per cent to 33 per cent to leave the European Union if a referendum were held tomorrow. Your Lordships are even more out of touch with the British people of your own generation because among the over 60s the percentages are 61 per cent to leave and only 29 per cent to stay in. That is a poll carried out by YouGov@Cambridge for the political news website Dods PoliticsHome, so it is quite respectable. The noble Lord and your Lordships who do not like the Bill are completely out of touch with British public opinion.

[Lord Liddle]

That is because the argument for British membership of the Union has not been made forcefully. That is why we need to do that in future. However, we are not going to do that as a result of this Bill. That is where noble Lords opposite are wrong.

All our political institutions suffer from major distrust. If, again, you consider the polling evidence on trust in Parliament or trust in the Government, you will find that there is as much mistrust in the British Government, the British Parliament and the British political parties as there is in the European Union. Of course, one does not underestimate the degree of scepticism among the public, but it is ironic that we are discussing the question of Europe today when the Murdoch press is in such difficulty in its relations with the British people. I do not know how many noble Lords in this House have received mail and been approached by members of the public because of the amendments that we carried when the Bill went through the House before, but I suspect very few. The real public anger today is directed at the media—particularly at the Murdoch press and at News International, which more than other organisation has used its position to obstruct positive British policy in the European Union. By going along with this Bill we are sacrificing representative democracy and Britain’s ability to pursue an effective policy in Europe.

I do not think, as I say, that is why the proposers are putting this Bill forward. I think that the Liberal Democrats are rather embarrassed by this piece of legislation, despite what the noble Lord, Lord Wallace, has told us.

It may upset the noble Lord, Lord Pearson of Rannoch, greatly but I have a lot of friends in Brussels. One of them passed on to me a letter that Nick Clegg, the Deputy Prime Minister, had sent to Andrew Duff MEP about this piece of legislation. Towards the end, it says:

“In addition, any referendum to ratify a Treaty change covered by the EU Bill’s referendum lock must first be preceded by an Act of Parliament in order to provide Parliamentary approval and to make provisions for the holding of a referendum”.

We all agree about the Act of Parliament. He goes on to say:

“This would, for example, enable a future Parliament to decide that the provisions in the EU Bill should not apply by amending the Treaty change Bill to that effect”.

The only way I can read that statement is that the Deputy Prime Minister believes that the provisions of what would become the European Union Act 2011 would not apply if, in future legislation ratifying a European decision or a European treaty, a clause was inserted that the question was not constitutionally significant and therefore did not justify a referendum. I would very much like to know whether the Minister agrees with that interpretation of the Deputy Prime Minister’s letter; whether he agrees and accepts that in any future Act ratifying an EU decision a Minister could insert a clause rather along the lines of our amendment; and if so, why the Government refuse so adamantly to accept this sensible amendment? I beg to move.

[Lord Blackwell]

My Lords, the noble Lord, Lord Liddle, called his amendment sensible. We should be clear that it is a wrecking amendment. It requires the Government to assert that a proposal is of major constitutional and economic significance. The noble Lord himself said that no Government voluntarily submit to a referendum. No proposal would come into the scope of this Bill unless the Government had supported it and had voted in favour of it in the European Union, so we can take it that the Minister and the Government would be behind whatever proposal was being put forward. We are then asking the Minister to volunteer to put a referendum through the terms of his amendment. As he said, no Government will voluntarily do that. We have the example of the Government’s record on the Lisbon treaty, which by every measure should have been put to a referendum but which the Government solemnly told the House did not require one. It is partly because of that that we have the mistrust to which the noble Lord, Lord Wallace, referred.

Because of the Lisbon treaty we now have a treaty that allows many changes to the fundamentals of our treaty relationship with Europe, including the removal of vetoes on a whole range of policies covered by Clause 6, and amendments to the scope of the institutions and the powers of the European Union itself through the passerelle clauses. All are to be done through the agreement of Governments without the need for a treaty change, and therefore without the need for a referendum on a treaty change. That is why we need Clause 6: because the Lisbon treaty enabled those changes to be made without a treaty change, and Clause 6 ensures that that is picked up. The noble Lord’s amendment would completely destroy that provision and overturn the view of the other place.

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[Lord Howell of Guildford]

Ministerial decisions are open to judicial review. That is not a matter that we discussed much in Committee or one that we would necessarily want to see operate very fully in this or any other area of ministerial decisions on any aspect of policy. However, judicial review is there and ministerial decisions can be challenged.

The House of Commons has twice approved the scope and operation of Clause 6 following a clear exposition from the shadow Europe minister and his views on party policy on Amendments 6 to 13.

I do not want to take further time meeting the marginalisation argument. Frankly, it is a chestnut, as there is absolutely no impact on Ministers’ discretion and flexibility merely because they have sanctions behind them. Most European member states’ Ministers have sanctions of various sorts lying behind them on the decisions that they reach.

The plebiscitary democracy issue, frankly, belongs to the pre-internet age, before the web and the internet system. We see all around the world the wider public’s insistence on having a say where major issues about the transfers of power and competence away from their sovereign control are involved. That is exactly what would happen here. The idea that there would be 56 different referenda coming along is pure fantasy and does not relate to the actual way in which these issues would arise. There would be no great frequency of referenda; this is not the pattern for the future. It will not be the result of this Bill and it certainly would not be the outcome of the way in which the European Union has operated, is operating, or is likely to operate in the future. It is not in the interests of the 27—maybe soon 28—members to proceed in that way.

I think that the noble Lord would be wise to accept the Motion and the view taken in the other place. He would be wise to reject the amendment and therefore I ask him to withdraw it and accept the Motion so ably moved by my noble friend.

[Lord Liddle]

My Lords, we have had a full debate, and I do not want to take up the time of the House. I just want to make one comment on what the Minister has said. As you know, I believe in the noble Lord’s integrity in putting this Bill forward. I do not believe he is putting it forward for anti-European reasons. I do not think that that is what he thinks, but the truth is that the list of referendum locks contained in this Bill far exceed any reasonable person’s definition of issues of fundamental constitutional significance. On that basis, I would like to test the opinion of the House.

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[Baroness Falkner of Margravine]

My Lords, I shall speak against Motion D1. The reasons for doing so are quite straightforward. The noble Lord, Lord Hannay, commented on flexibility and how important it is that in going forward in unpredictable circumstances we should have flexibility. While I agree with him there, I am not clear that Amendment 15B provides that flexibility because, in order to have a suspension of Section 6 or Schedule 1, it would require us to have the approval of both Houses. Does the noble Lord believe that the approval of both Houses could be arrived at in a manner which did not revisit all of the contentious issues in Section 6 or Schedule 1? If they could have been debated without extensive deliberation or scrutiny—call it what you will—we would not have spent as much time as we have on the Bill. On the other hand, flexibility nevertheless exists in the ability of a future Government to repeal either the entire Act, as it will be by then, or sections of the Act.

My noble friend Lady Williams spoke of the importance of the people of this country having their say on a sunset clause—I prefer to call it a suspension clause—in a general election. If the Act went forward unamended, the people could still have their say because there could equally easily be a debate on whether or not this Bill should be repealed by a new Government were they to win the election. I did not intervene in the debates on the earlier amendments but this debate has been about trust in the people and the constitution, and much has been made about the move to plebiscitary democracy.

The theme of the noble Lord, Lord Liddle, throughout the course of the Bill has been his anxiety for the Liberal Democrats and whether they feel awkward and embarrassed by it. The presumption underlying those comments—and the noble Lord, Lord Liddle, has been a member of my party, the Liberal Democrats —is that we are reluctantly going along with these measures and that there is no philosophical underpinning whatever. During the passage of the Bill we have had commentary about Burke and parliamentary democracy, and about an hour ago the noble Lord, Lord Lamont, referred to Tom Paine. The philosophical underpinning for why the people should be trusted comes from no less a person than John Stuart Mill. He said:

“A state which dwarfs its men, in order that they may be more docile instruments in its hands, even for beneficial purposes, will find that with small men no great thing can really be accomplished”.

That is why we have supported the Bill and why we trust the people; they are ultimately sovereign.

[Lord Liddle]

My concern throughout the Bill has been for the position of Britain in Europe and that it should remain an active partner in the European Union. I fear that the provisions of the Bill will ultimately prevent us from being so. I am sorry that some Liberal Democrats appear to think that this was not a matter of high principle: it is a matter of high principle to which I have committed my political life.

[Baroness Falkner of Margravine]

When the noble Lord’s party returns to government, we look forward to it engaging with the country in debating whether the provisions of this Bill should be repealed. We look forward to engaging with it in that debate.