European Union (Notification of Withdrawal) Bill

Lord Pannick Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 1st March 2017 Lords Chamber

Moved by

[Lord Pannick]

17: After Clause 1, insert the following new Clause—
“Parliamentary approval for the outcome of negotiations with the European Union
(1) No Minister of the Crown may agree to arrangements for the withdrawal of the United Kingdom from the European Union under Article 50(2) of the Treaty on European Union until—(a) Her Majesty's Government has laid a copy of the final draft of the proposed arrangements before each House of Parliament, and(b) each House of Parliament has passed a resolution approving the final draft of the proposed arrangements.(2) The requirements under subsection (1)(a) and (b) must also be met where a Minister of the Crown proposes any separate arrangements pertaining to the future political and economic relationship between the United Kingdom and the European Union.(3) In the case of a proposed agreement with the European Union setting out the arrangements for the withdrawal of the United Kingdom from the European Union, any resolution under subsection (1) must have been passed by each House of Parliament before the proposed terms are agreed with the European Council, with a view to their approval by the European Parliament.(4) No Minister of the Crown may agree to the termination, or terminate unilaterally, the negotiations regarding the arrangements for the withdrawal of the United Kingdom from the European Union under Article 50(2) of the Treaty on European Union without the prior approval of each House of Parliament by resolution.”

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[Lord Pannick (CB)]

My Lords, Amendment 17 is in my name and those of the noble Baroness, Lady Hayter, and the noble Lords, Lord Hannay and Lord Oates. It would ensure parliamentary sovereignty at the end of the negotiating process for our withdrawal from the EU. Noble Lords will know that the Prime Minister has promised that any draft agreement with the European Union on the terms of our withdrawal and any draft agreement on our future relationship with the EU will be put to both Houses of Parliament for their approval and that, in relation to the withdrawal agreement, this will occur before any such agreement is sent to the European Parliament for its consent. That must be right. This Parliament must have at least the same powers as the European Parliament to disagree with the terms of any draft agreement.

However, the Government are refusing to include that commitment in the Bill. I say that a political promise made by the Prime Minister in good faith is no substitute for an obligation in an Act of Parliament. On a matter of this importance, it is vital to ensure that there is a clear, binding obligation on the Government to return to Parliament at a defined time.

The amendment also addresses what happens if this country and the EU cannot agree on the terms of our withdrawal from the EU. Parliamentary sovereignty should also apply in those circumstances. The Government should be required to seek and obtain the approval of both Houses of Parliament if they decide to reject a withdrawal agreement offered by the EU and to leave the EU with no deal. It must be for Parliament to decide whether to prefer no deal or the deal offered by the EU.

This amendment will not delay the Article 50 notification; it does not constrain in any way the substance of the negotiations. All it does, importantly, is to guarantee parliamentary sovereignty at the end of the negotiating process. I look forward to hearing from the Minister why that is resisted by the Government. I beg to move.

[Lord Spicer]

My Lords, I am going to be very brief, because I have forgotten most of what I wanted to say. This is part of a group of amendments purporting to strengthen the role of Parliament in our affairs. Like other groups, it is pretty well irrelevant to this Bill, but it is there. It is ironic that those who most object to the Bill are also those who are pressing for greater sovereignty for Parliament. It is ironic because the whole purpose of the Bill—of leaving the European Union—is to give sovereignty to Parliament. It is the essence of the whole process. Therefore, it is very ironic that those who do not particularly like this objective are those pressing most for increased sovereignty. One has to assume, therefore, that they are doing it out of some sort of ulterior purpose.

[Lord Pannick]

I am sorry, but the noble Lord is suggesting that I am bringing forward this amendment for some ulterior purpose. I voted to remain in the EU, but I entirely agree with the Government’s position that in the light of the referendum result, this country has to notify and has to leave the European Union. I am not bringing forward this amendment with any ulterior purpose: my purpose is to ensure parliamentary sovereignty.

[Lord Spicer]

Of course I trust the noble Lord, but what he is doing is slowing down a process that we should get on with as quickly as possible in order to increase the sovereignty of Parliament. That is the whole purpose. It is the main purpose for those of us—

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[Lord Howard of Lympne]

I am afraid that it is the noble Lord who misunderstands the position. I am not disputing the role of Parliament in ratifying an agreement. That is perfectly proper, but that is different from Parliament refusing the ability of the Government to terminate the negotiations. That is what intrudes Parliament into the negotiations and that is why, in my view, the amendment is constitutionally improper.

The amendment is also unnecessary, for one very simple reason. If at the end of the negotiations—I devoutly hope that this will not occur; I do not believe that it will occur; I do not think that there is much chance of it occurring—the Government find themselves completely at odds with Parliament, in particular with the other place, it is always open to the other place to pass a Motion of no confidence in the Government. Clearly, that would bring matters to a head and perhaps achieve the result that the noble Lord, Lord Pannick, seeks to achieve. Parliament is always supreme in that respect. Parliament can always pass a vote of no confidence in Her Majesty’s Government.

[Lord Pannick]

If all this is unnecessary, why was the Prime Minister asked for, and why did she give, a specific undertaking that this matter will be brought before both Houses of Parliament at the end of the process? Surely that shows that in relation to this vital constitutional issue it is not enough to rely on the possibility of the House of Commons exerting its power and, if an undertaking is given, why is it not in the Bill?

[Lord Howard of Lympne]

I think that I have already answered that question. I quite accept, as I said to the noble Lord, that it is proper for Parliament to ratify an agreement that has been reached—or, indeed, reject it. That is what Parliament’s role should be. That is in accordance with what the Prime Minister has said. What I am objecting to is subsection (4) of the proposed new clause, which could have the effect that I have identified and would lead to an extremely unsatisfactory and unconstitutional position.

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[Lord Oates]

The point of subsection (4) is that,

“No Minister … may agree to the termination”,


prior to that point. Clearly, that is the point of it.

[Lord Pannick]

The answer to the noble Lord’s question is that surely Parliament should decide, not the Government. Parliament should decide whether we leave the EU with no agreement or whether we leave the EU with whatever agreement is being offered to us by the EU that the Government think is unacceptable. That will be the choice and Parliament should make that choice.

[Lord Oates]

I thank the noble Lord, Lord Pannick, for his clarity on that matter. In short, the amendment will ensure that Parliament will have a proper and meaningful oversight of the most important decision that the United Kingdom Government will have made in my lifetime.

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The key point, the only point, is that the people have voted to leave the European Union—a decision that was made without condition and on which we must now deliver. Therefore, I ask noble Lords not to press their amendments.

[Lord Pannick]

I am grateful to the Minister, although I am disappointed that he did not give the undertaking that the noble Lord, Lord Higgins, asked of him: that he answer definitively by next Tuesday complex questions of EU law. I look forward to seeing that.

The mood of the Committee tonight has been broadly supportive of writing parliamentary sovereignty into the Bill. I say to the Minister that Amendment 17 is concerned not with whether we withdraw from the EU but with parliamentary sovereignty over the terms of our withdrawal.

However, valuable points have been made from around the Committee as to the drafting of Amendment 17. I for my part want to reflect on those points before we bring back the amendment, as we will, on Report on Tuesday. I see the considerable force of the points made by the noble and learned Lord, Lord Hope, to whom I am grateful, that the amendment should be kept as simple as possible, mirroring the undertakings already given by the Prime Minister. However, it must also address the real possibility—and it is real—that the Prime Minister may decide that we should leave the EU without an agreement on terms. That also, surely, must be a matter for Parliament to decide. For now, I beg leave to withdraw the amendment.

Amendment 17 withdrawn.