European Union (Notification of Withdrawal) Bill Debate

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Department: Department for Exiting the European Union
Lord Spicer Portrait Lord Spicer (Con)
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The noble Lord, Lord Robathan, did not ask the question the noble Lord has just said he asked; he asked whether there might be a third referendum. If the noble Lord cannot give an answer to that, why will there not be a fourth referendum to decide which of the previous three referendums was the real thing?

Lord Newby Portrait Lord Newby
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I would have thought that that is fairly clear. People voted to start the process and we get to the point where there is a deal. At that point, the people should decide, finally, on whether the deal is acceptable. There would be no need, no point, and no issue for having a third referendum after that second decisive referendum.

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Lord Hamilton of Epsom Portrait Lord Hamilton of Epsom
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My Lords, the noble Baroness, Lady Ludford, talks about everything happening in a smooth, orderly way. I rather agree with the noble Baroness, Lady Hayter. Everything will leak. The EU Commission is obliged to report to the European Parliament and the whole idea that the European Parliament will say, “This is all secret information, we should not let it out”, seems to me to be for the birds. Everything will leak and we will hear rumours about how far the negotiations have got, or what has happened. At that point, Parliament will demand a debate. The Government will get up, if this amendment is passed, and say, “No, you must wait for the quarterly review in two months’ time”. I do not think so. I think that the House of Commons will say, “Come on, get on with it, we want a response. Why have we heard these rumours? The Government must put us straight on all of this”.

This amendment, therefore, would achieve nothing. Everything will leak from the negotiations. When things of substance leak, Parliament, particularly the Commons, will demand a debate, and your Lordships’ House will no doubt do the same. This amendment is otiose.

Lord Spicer Portrait Lord Spicer
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My Lords, I made the point in Committee that if you want sovereignty of Parliament you should vote as quickly as possible for this Bill and subsequent Bills to get us out of the control of the European Union. I make the point now—it is rather similar to that of my noble friend—that it is highly unlikely that the Government will accept this amendment. If it prevails, we will potentially be into a constitutional issue.

Therefore, one has to ask what options are likely to occur in the event of this House passing this amendment and, as my noble friend has just suggested, the other House passing it back to us, with the Government standing firm. There are three options. First, the Government could do nothing and concede the situation, but I think that that is highly unlikely. To lose control of the Bill at this stage on this issue would be very questionable wisdom on the part of the Government. Secondly, they could create 100 Peers. That is unlikely as well and would be rather dramatic at this stage. Thirdly, they could call a general election. That option should be under strong consideration by the Government at the moment. Through a vote of confidence in the Commons or whatever, they could have it out in the well-known democratic way of doing things—through a general election. I want to put on the record that there should be one round of ping-pong and then we should call a general election.

Lord Warner Portrait Lord Warner
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My Lords, I wish to speak in support of the amendment. I tabled a similar amendment in Committee which was rather less demanding than this one, but the Government dispatched it extremely briskly.

I suggest that this amendment might be helpful to the Government. The idea that all the special interest groups affected by these negotiations—the different sectors, companies and pressure groups—will sit still, while stuff comes out of the EU about the possibility of doing damage to their particular interests and concerns, is fanciful. If the Minister and the Government do not have any structured way of reporting back to Parliament, we will find that many of those people will lobby your Lordships’ House and there will be a demand for a huge number of Parliamentary Questions, as well as demands for debates, to deal with the latest set of rumours about a particular sector, industry or agency which may be being transferred back to Europe. The EMA would be a good example and Euratom is another. Therefore, the Government might find that their life was made a bit easier if there was a structured way of reporting back to Parliament about the progress that was being made, especially if it was reasonably detailed and told some of these interest groups what was going on in the negotiations.