European Union (Withdrawal) Bill

Lord Roberts of Llandudno Excerpts

Report: 4th sitting (Hansard): House of Lords
Monday 30th April 2018 Lords Chamber

[Lord Howard of Lympne]

It is a question, and my noble friend has not finished.

[Lord Roberts of Llandudno (LD)]

Are we learning the lessons of history? Sometimes it is very valuable to see what has happened in other countries when similar steps have been taken. We remember the reluctance of Mrs May to allow Parliament to be involved. She wanted the Government to be in charge. My mind went back to Berlin in March 1933 when the enabling Bill was passed in the Reichstag, which transferred the democratic right from the Parliament into the hands of one man—that was the Chancellor, and his name was Adolf Hitler. Perhaps I am seeing threats that do not exist, but they are possible. Who would have thought before the 1930s that Germany, such a cultured country, would involve itself in such a terrible war?

Let us take the warning. What we are doing here must involve Parliament. I would like to see it involving the people as well, but it must certainly be in other hands. We cannot let an enabling Act of the United Kingdom possibly lead to the catastrophe that took place in Berlin in 1933.

[Lord Blackwell (Con)]

My Lords, I have listened very carefully to those noble Lords who have proposed this amendment but I have concluded, on the basis of the other arguments which have been set out, that it is fundamentally flawed, for both constitutional and practical reasons. As the noble Lord, Lord Howard, said, the constitutional argument is that it risks completely confusing the roles of the Executive and the legislature. We have a system in this country where the separation of those is very clear. The Executive can command authority so long as they have a majority in the House of Commons. Their role is to bring proposals to Parliament; Parliament’s role is to be the legislature. You cannot have a negotiation where a Parliament seeks to be the negotiating partner: that is an impossible situation. Subsection (5) in the new clause proposed by the amendment allows Parliament to try and direct the details of the negotiation. That is constitutionally inappropriate—that is the role of the Executive. The Executive are accountable to Parliament but it is their role to negotiate and bring their proposals to Parliament.

On a practical level, even more importantly, and as other noble Lords have said, it would completely undermine the Government’s negotiating position if they did not have the opportunity to walk away. A negotiation has to involve compromises by both sides. If the European side of this argument knew that, however onerous they made the conditions, the Government would come back to Parliament, which could tell them to go back and concede some more, we would simply be offering the opportunity for one side of the negotiations to keep pursuing its case rather than compromise. That would completely undermine the practical basis on which negotiations have to be held between two sides which have the authority to negotiate, with proposals brought back for approval by the House.