European Union (Notification of Withdrawal) Bill

Debate between Lord True and Lord Pannick

Report stage (Hansard - continued): House of Lords
Tuesday 7th March 2017 Lords Chamber

[Lord Pannick]

I am grateful to the noble Viscount. As I have already said, this amendment is different from the amendment that we had in Committee because it does not state by what the means the Government must seek the approval of both Houses. The noble Viscount is absolutely right: it is open to the Government to proceed by way of emergency legislation.

[Lord True (Con)]

My Lords, the noble Lord is an exceedingly distinguished lawyer, as we all know. I recognise that, normally, the legal profession seeks precision. The noble Lord is laying before the House an amendment that is imprecise, and he has admitted that; it has been pointed out by my noble friend Lord Howard. He uses the term, “extremely unlikely”. Section 20 of the Constitutional Reform and Governance Act 2010 has a clear device for breaking a disagreement. Why is the noble Lord, as a lawyer concerned with the precise, not putting before Parliament precise legislation that deals with the matter he recognises needs to be dealt with?

[Lord Pannick]

I repeat to the noble Lord: I have put in the amendment precisely the undertaking that the Prime Minister has given. If the Prime Minister takes the view that it is appropriate to address specifically in the amendment the means by which any division of view between the two Houses can be broken, it is entirely up to her, when the matter returns to the Commons—if it does—to amend this provision to specify, for example, Section 20. If I had put in the amendment a particular means of breaking a deadlock between the two Houses, I would have been told by the noble Lord and others that that was not the solution we welcome.

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[Lord Pannick]

My Lords, I am grateful to all noble Lords who have contributed to this very full debate. I am particularly grateful to the Minister. The whole House recognises the skill, expertise and indeed patience with which he has piloted this Bill through the House. He will need all those qualities over the next two years. I am sure that the whole House wishes him the best of luck.

The essence of this amendment is clear. It has been clear from the start. It simply seeks to ensure that Parliament, not Ministers, has control over the terms of our withdrawal at the end of the negotiating process. I find it disappointing that those who most loudly asserted the importance of the sovereignty of Parliament during the referendum campaign are now so alarmed by the prospect of the sovereignty of Parliament at the end of the process.

[Lord True]

My Lords—