European Union (Withdrawal) Bill

Lord Patten of Barnes Excerpts

Monday 19th March 2018 Lords Chamber

[Lord Garel-Jones]

One of the interesting aspects of our country is that, unlike almost every other country in the world, we do not have a written constitution. Britain’s unwritten constitution could be summed up in one sentence—Parliament is supreme. I myself take the Thatcherite view on referendums, as indeed does my noble friend Lord Patten, but since this particular referendum was approved by Parliament, like it or not, I have to accept it. However, I remind the House of the Supreme Court’s ruling on this matter, of which quite by chance I happen to have a copy in my pocket:

“The 2016 referendum is of great political significance. However, its legal significance is determined by what Parliament included in the statute authorising it, and that statute simply provided for the referendum to be held without specifying the consequences. The change in the law required to implement the referendum’s outcome must be made in the only way permitted by the UK constitution, namely by legislation”.


That means that the outcome of these discussions must be laid before Parliament, and given that our unwritten constitution gives that right to Parliament, I have no doubt whatever that Her Majesty’s Government will abide by our unwritten constitution—the supremacy of Parliament.

[Lord Patten of Barnes (Con)]

My Lords, perhaps I may put one point to my noble friend. Is he, as I am, mildly amused by the fact that so many of our noble friends seem particularly keen to quote the views of present and former leaders of the Liberal party but do not seem keen to remember what the most distinguished leader of the Conservative Party over the past few years said explicitly about the danger of referendums being an example of the worst sort of plebiscitary democracy?

[Lord Garel-Jones]

Indeed, I agree with my noble friend. What they are saying in fact could possibly mean that were the outcome of the deal to involve the killing of the firstborn child of every family in Britain, we would have to accept that.

--- Later in debate ---

[Lord Forsyth of Drumlean]

I thought I heard my noble friend argue not a few moments ago about the supremacy of Parliament. I believe in the supremacy of Parliament and that judicial interference is one of the worst aspects of our membership of the European Union, and another reason why we should get out of it. I give way to my noble friend Lord Patten of Barnes.

[Lord Patten of Barnes]

I am very grateful to my noble friend and am always keen to build bridges with him. Given what he has said about the importance of the supremacy of Parliament, which happens to be my view, and about the extent to which referendums are an assault on the way in which we have done things for decades in this country, would he support a free vote in Parliament when the outcome of the negotiations is known?

[Lord Forsyth of Drumlean]

I have always regarded my membership of this place as giving me a free vote. Members of this House are not whipped to the extent that they are—

[Lord Patten of Barnes]

What about the vote in another place? Is my noble friend in favour, as Sir John Major suggested the other day, of having a free vote when the terms of the deal are known? Given what he has said already about the majesty of parliamentary democracy, I imagine that he would be keen on that.

[Lord Forsyth of Drumlean]

What I am keen on is people delivering on their promises. Not only did we promise in our manifesto that we would implement whatever the people decided in the referendum, but something like £8 million of our money was spent on putting leaflets through every door in the country, saying “What you decide we will implement”. The Government of the day promised to do that. Not only that, we stood in the general election with a clear manifesto commitment. So no, I would not be in favour of giving a free vote on a matter where we made a manifesto commitment, nor am I in favour of this House trying to overturn such commitments given by elected Governments.

All this is a distraction. It is the last gasp of the remainers. If the result had gone the other way, they would not be standing up making speeches “Oh well, it is a matter for Parliament and we cannot possibly accept the result of the referendum”.