European Union (Notification of Withdrawal) Bill

Lord Spicer Excerpts

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

[Viscount Waverley (CB)]

My Lords—

[Lord Spicer (Con)]

My Lords, even if you are a Liberal Democrat you cannot have it both ways. You either give priority to people living here—those you think should have priority—or you do not. This amendment, which the noble Lord has spoken in favour of, does precisely that—it gives priority to EU citizens living here, rather than British citizens living elsewhere. He cannot have it both ways.

[Lord Oates]

Perhaps the noble Lord will forgive me but if he listens to my argument he will understand the answer to his question. Let us take, for example, an elderly couple, resident in Germany, who wrote to me recently—one a British citizen, the other a German citizen. They wrote to say that they are terrified that, if the final agreement does not provide for continuing access to healthcare, they will not be able to continue to live in the same country, and the same fears have been expressed by EU citizens in the UK. These are not abstract issues; this is about the lives of millions of people, it is about the anxiety and fear that has been inflicted on them since Brexit, and it is about the uncertainty that means that their lives have been put on hold. The Home Secretary claims in her letter to us that—

--- Later in debate ---

[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—

[Viscount Hailsham]

The purpose of the new clause that we are discussing is simply to ensure proper parliamentary control at the end of the negotiations. That does not slow down the negotiations; it merely ensures that at the end of those negotiations, Parliament has a proper say as to the outcome.

[Lord Spicer]

I personally agree totally with anything that increases the sovereignty of Parliament. I only make the point that this is totally unnecessary, because if we got on with this Bill, we would end up having a much more sovereign Parliament than we would have without it. That is the whole purpose of what I am saying. Indeed, it is necessary that we should have greater sovereignty because the powers of Parliament have been eroded ever since the Maastricht treaty, with which I was associated. That has been something that has been going on for some time—ever since there was a single currency. The powers of Parliaments have been reduced because the single currency is irrevocable, and we have a system in this country whereby no Parliament can bind another Parliament. There is no doubt in my mind, at least, that had we not started the process of leaving the European Union, the European court, which the noble Lord will know a lot about, would have moved in on us for not joining the single currency at some point. There is no question in my mind about that.

[Lord Hannay of Chiswick]

I am not sure what is in the noble Lord’s mind. If he just tries reading the treaty, he will see that there is no basis for proceeding against the Government of the United Kingdom for not being a member of the euro. It is actually written in the treaty that we do not have to be, so perhaps he will clear his mind.

[Lord Spicer]

I am also sure that the European court would have found a way into this at some point. I have no doubt about that at all. If one really is concerned with the sovereignty of Parliament, we should get on with passing this Bill as quickly as possible and begin the task of unwinding the historic process of eroding the powers of Parliaments, including our own. We should not take too much notice of the amendments coming up: most of them are irrelevant to the Bill.

[Lord Wigley]

My Lords, I support Amendment 17, moved by the noble Lord, Lord Pannick, which is linked to Amendment 35, standing in my name. Amendment 17 is critically important. If there is no clarity tonight, we should certainly return to this subject on Report next week.

In fact, the amendment arose from the end of one of the banks of debates on Monday night, when I asked the Minister—this is in Hansard, col. 641—what will happen if, at the end of the negotiations, we reach a position where both Houses of Parliament refuse to endorse the basis for Brexit recommended by the Government. Will the Government accept the decision of Parliament as binding or will they under those circumstances allow the voters to decide, either by general election or further referendum? The Minister refused to respond or give any indication of the Government’s intentions. He now has a chance to make clear beyond doubt the Government’s position, which the House has the right to know. The best way to achieve this would be to accept Amendment 17 or, if that cannot be carried, by insisting on Amendment 35 which provides that if the UK Government fail to reach agreement, the status quo would remain in force.