Northern Ireland (Executive Formation) Bill

Lord Pannick Excerpts

Committee: 1st sitting (Hansard): House of Lords
Monday 15th July 2019 Lords Chamber

[Lord Pannick (CB)]

My Lords, I very much look forward to serving with the noble Lord, Lord True, on your Lordships’ Constitution Committee, to which he has recently been appointed. He will bring, I think it is fair to say, a fresh perspective to our deliberations.

I am very sorry that the noble Lord does not appear to understand the constitutional impropriety of a Prime Minister advising Her Majesty that Parliament should be prorogued for the express purpose of preventing Parliament expressing its views and taking action to prevent a no-deal Brexit. It is the motive for which such advice would be given that distinguishes such advice, and such Prorogation, from the examples he gave. The point is a very simple one.

I also much regret that the noble Lord sees fit to deprecate citizens of this country taking legal action to challenge the legality of conduct of the Prime Minister—

[Lord True]

Will the noble Lord give way?

[Lord Pannick]

Can I just finish the sentence? The noble Lord referred as a matter of criticism, as he sees it, to unelected judges deciding matters. Judges are deciding the law of the land: that is their job and their responsibility. I think it is shameful, if I may say so, that a Member of this House should deprecate that process and the rule of law on which we pride ourselves.

[Lord True]

My Lords, I will deal with the noble Lord’s condescending condemnations later. I ask him to withdraw the statement that I deprecated the act of any citizen. I ask him what citizen I attacked in any part of my speech.

[Lord Pannick]

I am not referring to particular citizens; I am referring to the very clearly expressed statement, which I heard and I think other noble Lords heard, that it is inappropriate and wrong for “unelected judges”—those were his words—to decide on the law of the land. That is their job. We pride ourselves on the rule of law in this country, and that is a fundamental element of the rule of law. I say that not just because I have an interest in this matter: my noble friend Lord Anderson of Ipswich referred to the fact that I have given advice to one particular citizen, Mrs Gina Miller, and I have given the legal advice that for a Prime Minister to advise Her Majesty to prorogue Parliament for the express purpose of preventing Parliament performing its constitutional responsibilities would be unlawful.

However, we are not here today to debate the law; we are here to address, as my noble friend Lord Anderson rightly said, what would be a constitutional outrage. I strongly support the amendment in the name of my noble friend, which is a means by which this House can prevent such an appalling eventuality.

[Lord Newby]

My Lords, I am extremely grateful to the noble Lord, Lord True, for taking up my invitation to speak before I did. Apart from enlivening proceedings, it has given me the chance to respond to some of the things he said. I congratulate him on having a very acute and astute understanding of the policies of the Liberal Democrats when it comes to Brexit. These are not exactly secret, but he got them to a T.

One thing, however, that I think the noble Lord was wrong about was the suggestion that because we want the people to decide on Brexit, and we would prefer it if they decided they did not want Brexit, we are saying—far from it—that there should be no vote in September in the Commons about a no-deal Brexit. I would welcome such a vote. This amendment, this procedural gambit, is necessary only because we believe it is reasonable to take precautions against the new Prime Minister preventing the Commons having a vote. The only reason for it is that everybody in your Lordships’ House knows that, if the Commons votes on a no-deal Brexit, it will vote it down. The only way you get that outcome is by some kind of chicanery: the chicanery of proroguing Parliament purely for that political purpose. We believe, as does the noble Lord, Lord Anderson, and the other signatories to the amendment, that that would be an improper use of Prorogation.

The noble Lord, Lord True, said that this Session has gone on far too long. Perhaps it has. I should be delighted to have Prorogation on 1 November, but Prorogation requires a Prime Minister with a plan and a Queen’s Speech with some substance. If the incoming Prime Minister has such a plan and such a speech by 1 November, the entire country will be delighted. We fear that there is nothing but vacuity where there should be a programme and that Prorogation will continue far beyond 31 October or 1 November because the Government do not know what to put in a Queen’s Speech.

It is extraordinary that your Lordships’ House is having to resort to a procedural gambit in order to try to prevent a Prime Minister subverting the constitution. That sort of thing happens in tinpot dictatorships. We go around the world saying, “Of course, it does not happen here because we are so much more grounded in constitutional principle. No, it could not happen here”. The truth is that the incoming Prime Minister has not ruled out such a thing. It would have been very easy for him to have said, “Of course, I would never contemplate such a step because I know that it would be a constitutional impropriety and shameful for our democracy”, but he has refused to say that. What are we expected to do? Just sit on our hands and trust in the good sense of the incoming Prime Minister? There may be some people in the Conservative Party prepared to do that, but it does not extend much beyond that.

That is why we have an amendment which is a procedural gambit in a Bill about Northern Ireland: because it is all we have. We have seen no other way to put something on the statute book to prevent the constitutional principles of this country being ripped up. It is of course unsatisfactory to do that, but it is because we are in an extremely unsatisfactory position. That is why we strongly support the amendment.