Business of the House

Lord Newby Excerpts

Thursday 4th April 2019 Lords Chamber

[Lord True]

I would have stopped 30 seconds later if the noble Lord had not risen. He calls it an abuse of Parliament. I call it the right of any Member of Parliament to put the case for proper procedures, freedom and accountability, and accountability lies there just as it must lie here.

[Lord Newby (LD)]

My Lords, I shall begin by responding to the noble Lord, Lord Baker, who very helpfully quoted Mill at me. I absolutely agree that democracy requires the exercise of free speech. It also requires the following of rules and the exercise of its powers with responsibility. We have just heard a 30-minute speech. It may have been an excellent speech, and I am sure that if I now speak for 30 minutes it will be an excellent speech as well, but if I speak for 30 minutes, and all my colleagues speak for 30 minutes, we will never get to the substance of today’s debate. Therefore, your Lordships will be pleased to know that I do not intend to speak for 30 minutes—25 should be enough.

The burden of all these amendments is that the House is being expected to follow unprecedented procedures. Is this surprising? We are in extraordinary, unprecedented times. We are in a national crisis the like of which has not occurred in my lifetime. It is a national crisis which consists in no small part of the fact that there has been a collapse of government. The Prime Minister, after seven hours in Cabinet, addressed the nation to say that she would like the leader of the Opposition to tell her what to do and that, if she did not like that, she would go to the House of Commons and ask it to tell her what to do within hours of having to put something to the European Council next week in order to prevent no-deal Brexit. This collapse of government is unprecedented, and it would be slightly surprising if Parliament did not respond to it by taking unprecedented measures to fill the vacuum where normally one finds government. The third unprecedented point, which is unprecedented in human history, is that unless we prevent a no-deal Brexit at the end of next week, this country will be the first democracy ever to have agreed to make itself poorer, less secure and less influential. Therefore, it is unprecedented and needs dealing with in unprecedented ways.

The key element which means that it is necessary to deal with this Bill today is just how little time there is. We are talking about a very few days before the Prime Minister has to write to the European Council, hopefully with some view about why we should have a further extension. As of this minute, the only thing that can be written in that letter about why we are doing it is because we cannot think of what we want. I hope that by close of business on Monday we will be a bit further forward on that, but, if this House blocks this Bill, as the noble Lord, Lord Owen, whom I do not always agree with, said earlier, how would that be perceived? How would it be perceived if we were to agree with the noble Lord, Lord True, that we could not possibly deal with this until a Select Committee had dealt with it? At a time of national crisis, I think that the world would think that your Lordships had lost a sense of proportion.

The other argument that has been made against the Bill, including by the noble Baroness the Leader of the House, is that it is unnecessary because of a commitment made by the Prime Minister. However, it is a sign of the confidence that the Commons has in the Prime Minister that it does not think that that is enough. It thinks—and I agree—that, unless we have something like this Bill, there is absolutely no assurance that the Prime Minister will come forward with the necessary guarantee.

Finally, I have two points to make about the amount of time that we have to debate the Bill. First, we will have longer to debate the Bill, the less time we waste on these procedural Motions. Secondly, I look forward to the debates that we shall have later. I look forward to the Second Reading and to debating amendments in Committee and on Report. I have brought my toothbrush. It will not be the first time that I have spent all night in your Lordships’ House, and many of my colleagues have done the same. We are here at the service—says he very pompously—of the country to debate this issue for as long as the noble Lord, Lord Forsyth, and his colleagues want to debate it. No doubt we will hear the same arguments time and time again but, if that is what the noble Lord wants, I shall, as always, look forward to hearing them and will be in my place to listen to them, however long it takes.

[Lord Lawson of Blaby (Con)]

My Lords, the noble Lord the leader of the Liberal Democrats will be glad to know that I shall be brief. I will address myself to the main point embedded in what he said. To begin with, this is a most appalling day. I have served in Parliament for 45 years and there has never been an instance of constitutional vandalism of the scale that we are witnessing today and at the present time more generally.

I am on the record as having long been concerned that in this country we do not have a written constitution. The reason that we do not have a written constitution is not that there is anything bad about written constitutions interpreted by the appropriate courts and safeguarded by the courts; it is our history. If one looks across the world, one sees that written constitutions come into being only when there is a historical discontinuity. For example, when a colony of the United Kingdom is given self-government, it equips itself with a written constitution—although ironically, or worse than ironically, it seems that the majority of the Members of this House do not believe that we are capable of self-government. A written constitution also comes into being following a bloody revolution and frequently after defeat in wartime. We have been blessed uniquely in this country in not suffering these historical discontinuities, and that is why, uniquely, we do not have a written constitution and have to rely on respect for the procedures of Parliament. However, we pay a price for not having a written constitution. We pay a price for having had a reasonably trouble-free history, unlike the rest of the world, and that price has become evident today and in recent days.

The main point made by the noble Lord the leader of the Liberal Democrats is that the issues surrounding Brexit are so important that it is necessary and right to tear up the constitution. However, the reverse is the case: the more important the issue, the more important it is that the constitution and the conventions are respected. As there is a really important substantive issue of a constitutional nature lying behind this, the more important it is that we respect the constitution and do not engage in this vandalism. I respect the fact that views differ on the length of this debate but I think that everybody agrees that this is a very important issue, including the noble Lord, who said so himself.

--- Later in debate ---

[Baroness Hayter of Kentish Town]

My Lords, we are actually dealing with the amendment on whether we should have a committee report. I draw the attention of the House to the speech Mr Steve Baker gave late last night in the Commons. I do not know why I should pick on him at this particular moment—

[Lord Newby]

He is here.

[Baroness Hayter of Kentish Town]

Oh! I had not noticed. Mr Baker was looking forward to the Bill coming to your Lordships’ House, in the,

“fervent hope that their Lordships will examine this Bill line by line”,—[Official Report, Commons, 3/4/19; col. 1217.]

and give it good attention. The hope was that we would get on and deal with the Bill, and that is what this Motion is about.

However, I speak now to only the amendment in the name of the noble Lord, Lord True. He asked me why I did not take an intervention from the noble Lord, Lord Strathclyde. I was moving a Motion: normally, you move a Motion, then people stand up and ask questions and points of order, and at the end one comes back with the clarification. That seems to be the correct way to do it.

On the particular issue of whether we should have a committee, we have a committee report on this Bill. Even if we did not, the point of committees is to assist this House, not to stand in the way when something needs doing. Their members are also Members of this House, and can therefore give their very wise—and often learned, in the case of the Constitution Committee —advice directly to the House. We can do it then.

The important thing I want to raise, because I was not able to on the last amendment, is the idea of how awful it was that we were moving this, rather than the Government. As I said at the beginning, it should have been the Government who brought the Bill to the House, because that was what the House had passed before. We are doing it because that was not done. The noble Baroness the Leader of the House said that it is normally the Government who table Private Members’ Bills. Yes, but they failed to do so. We will do it when they do not. The Leader of the House is obviously in a difficult position—