European Union (Withdrawal) (No. 6) Bill

Lord Rooker Excerpts

Report stage (Hansard): House of Lords
Friday 6th September 2019 Lords Chamber

[Lord Goldsmith (Lab)]

My Lords, I am grateful to the Minister for helping the Committee at this stage by explaining the Government’s position. We do not support the amendment. In short, given that the Minister has said the Government’s view is that the Kinnock amendment is legally inoperable, it does no harm to keep it in the Bill. I do not know why noble Lords are laughing because the critical point, which was made by the noble Lord, Lord Cormack, is that the Bill has to pass. We do not have time to send it back to the House of Commons given the guillotine of prorogation imposed by the Prime Minister.

[Lord Rooker (Lab)]

My Lords, in principle, the noble Lord, Lord Forsyth, makes a seductive case—in principle. The noble Lord, Lord Cormack, made the point that the House of Commons might want to look at it again. I do not see any contradiction in the fact that they have rejected the agreement three times. It is their choice—the meaningful vote is theirs, not ours—and it is a soft Brexit. It is Brexit in name only—there is no question about that. They are free at any time they want in the Commons to fix their business to do it. It is nothing to do with us because we are not part of the meaningful vote process. It is not our job to manipulate the way they organise their business on an issue that we have nothing to do with.

It grieves me that we cannot do our proper scrutiny. There is a breakdown of trust because the Government say that there will be time in the Commons on Monday to deal with this Bill. Any amendments sent down there can be amended and something in lieu can come back. Forget the idea that this is a sound deal. Trust has broken down; the prorogation guillotine is there; we have no choice. I therefore ask the noble Lord, Lord Forsyth, to withdraw his amendment.

--- Later in debate ---

[Baroness Hayter of Kentish Town (Lab)]

My Lords, it may help the House if we are able to curtail this fairly quickly. The noble Lord said at the beginning of the debate that he was going to press the amendment, so we cannot persuade him to withdraw it, which is what we usually try to do. I will make a few comments, then my noble friend Lord Rooker can respond and we can move on.

On the will of the people, there are two ways of doing it: a general election and a second referendum, which the noble Lord has not supported. I will say two things about the amendment, which is close to being a wrecking amendment. In the first minute of his speech, the noble Lord said that it gives an incoming Government the ability to scrap the Act by statutory instrument—which this House, by tradition, never opposes—allowing a Secretary of State to tear it up without the permission of Parliament. This cannot be the right way to treat an Act. The second issue is even more serious and has already been raised. If there is no general election, the whole Bill does not come into force. This seems to be a completely wrecking amendment and I urge noble Lords to oppose it.

[Lord Rooker]

My Lords, I spent 27 years in the other place, so I know a little bit about the problems that Members have with the Table Office there. I can absolutely guarantee that this amendment would not be allowed in the House of Commons, because it is a textbook wrecking amendment. I do not propose to say anything else.

[Lord True]

My Lords, I have stated my case clearly and I now put it to the House. I beg to move.