(5 years, 2 months ago)
Lords ChamberNotwithstanding what my noble friend and others have said about the amendment not making sense, the noble Lord’s argument is all based on the supposition that a general election can be held before 17 October, when there is a European Council. I am always interested to hear what the noble Lord says, because he has great expertise in these areas, but the Independent today reports that, if the Prime Minister loses the vote on Monday and does not achieve a general election on 15 October, he is going to resign his position. Would the noble Lord give us his expertise on how the provision in the Bill telling the Prime Minister to write a letter will apply if we no longer have a Prime Minister?
Like my noble friend Lord Forsyth on a previous amendment, I am not going to pursue the ifs, buts, whys and whats that we have in every newspaper of this country. I return to the fundamental point of principle. Noble Lords can say that they are voting against the amendment because it is defective for one reason or another, but the purpose of this debate, and of trying to put this amendment down, is crystal clear. It is so that under the Bill the decision to foreclose the United Kingdom leaving the European Union on 31 October should not be taken without the sanction of the people.
(5 years, 2 months ago)
Lords ChamberI very strongly disagree with my noble friend, and I will discuss my heart when he discusses his soul on this matter. The question of Prorogation is not before us now. I will stick to the central point, which is the guillotine. Perhaps I should not have used the phrase used by the noble Lord, Lord Butler, about the dagger—but it was his phrase and that of Lord Hart of Chilton before that.
Setting that phrase aside, I suggest that very few noble Lords who were involved in the pre-cooking of this plot—because it is a plot—who were not shocked when they saw that Motion. Someone said that I should be ashamed of myself for putting the case that this House should never, never accept a guillotine.
I remember that, when I first came into the House, by chance the noble Baroness, Lady Symons, had a very memorable debate on the implications of coalitions. It was around the time that all this stuff was going on—the threat from David Cameron and what was said by the former Lord Chancellor. Her question was whether the House has to acquiesce—or acquiesce immediately—if a coalition brings something forward. Does it have the authority of the Salisbury doctrine? When the noble Baroness replies, it would be interesting to know whether she thinks that everything that comes from the Commons has the authority of the Salisbury doctrine.
In this case, we do not even have a formal coalition but an ad-hoc group of folk who have come together in the other place, cobbled together some sort of Bill, plan to send it up here and have got their minions here to put down something that will change the whole character of how your Lordships’ House does business. I will give way to the noble Lord.
Does the noble Lord agree that the question of the primacy of the House of Commons is nothing to do with the Salisbury doctrine; it is to do with the fact that it is elected and we are not?
The Salisbury doctrine is very important for relations between the two Houses. It allows this House freedom to challenge and dissent on things that are not covered by the doctrine. If it is a manifesto measure or something that has been put before the people, this House must certainly defer, sometimes quickly.
Who put this proposition that we are told is coming up the Corridor to the people? Who actually published it? It was written by Sir Oliver Letwin and a few clever lawyers—perhaps some of them in this place—and put forward. What is the authority by which those people claim that this House should not only defer but defer to a guillotine to force it through? We will shortly come on to the amendment—
I do not mind being called a mob, if that is what the noble Lord wants to call me, but we have rules for debate in this House, one of which is that speeches should be kept to 15 minutes, as at paragraph 4.36 in the Companion, if the noble Lord would like to consider it. He has now been speaking for 23 minutes, according to the annunciator. Does he think it is time to move on?
The Companion actually says that anybody who is introducing an amendment is entitled to speak for 20 minutes. I was not proposing to speak for as long as that but I have taken a whole series of interventions which has consumed far more time than that. I therefore do not accept the criticism from the noble Lord. I have to say that, when I first came into the House, I did not find that he had the reputation of being one of the least loquacious Members of your Lordships’ House.
Happily, having heard the point made by my noble friend, one could consider removing the words “and should that Committee recommend its use”, if it is not possible to have that. But the principle that we should have a report from the Constitution Committee is so important that I hope we can least agree that we have a report later this month or next month on the matter. I beg to move.