European Union (Withdrawal) (No. 5) Bill

Lord Wigley Excerpts

2nd reading (Hansard): House of Lords
Thursday 4th April 2019 Lords Chamber

[Baroness Ludford]

That is not the consensus of reputable economists, who all say that we will do worse outside the EU. Some of those who say that we will be fine under no deal are not the vulnerable people who will suffer in a crash-out situation. They do not have millions stashed away.

Clause 2 would enable exit day to be changed by the Government subject only to the negative procedure. We agree with the Delegated Powers and Regulatory Reform Committee that it would be better if the clause was removed from the Bill. We dealt expeditiously with the change from 29 March to 12 April in the statutory instrument, and there is no reason to think that we would not be able to do so again if required. It is a domestic law issue; if we get an extension, it is not a question of whether we are in the EU but a question of necessary housekeeping, and it can be done.

I do not want to go on about a people’s vote, but the noble Lord, Lord Howard, referred to the will of the people. It is time to update our knowledge of the will of the people. Three years on, it is not reasonable or reliable to rely on what a different electorate said in 2016. We hope and expect that the Prime Minister will seek an extension, but she should use that extension to get an update of the verdict of the people.

[Lord Wigley (PC)]

Will the noble Baroness comment on whether she is satisfied that the drafting of the Bill is watertight and will guarantee that, if it is passed in this way, there will be no way for the Government to escape the implications of their responsibilities under the Bill?

[Baroness Ludford]

It would take a braver woman than I to say that it is watertight. I do not know whether there is anything behind the noble Lord’s question and that he knows something that I do not, so I will rely on the better legal minds which will follow to answer that question. However, I have no reason to think that the drafting has not been carefully looked at.

--- Later in debate ---

[Lord Wigley]

My Lords, I am delighted to share the gap with the noble Baroness, Lady Neville-Rolfe. I will say a few words briefly and I make clear my support for the Bill in general terms. But my concern, which I flagged up in my intervention earlier, is that it fails to cover one key circumstance which could well arise during the coming days.

The Bill as it stands requires House of Commons approval of a new date as specified in Article 50(3) of the treaty but the Bill does not apply if no withdrawal agreement has been ratified under Section 13 of the withdrawal Act, and if no agreement has been reached under Article 50(3) of the treaty to extend the date at which the treaty ceases to apply to the UK. In these circumstances of possibly ongoing negotiations, there is the very real danger of the UK crashing out without a withdrawal agreement. That point has been referred to a number of times in the last few speeches. If that is the wish of the House of Commons, so be it; but the votes of the Commons indicate a strong rejection of such a course, with some 400 MPs voting accordingly. It is therefore my opinion that the Bill should be amended to tidy up that loophole, and it is my hope to present an amendment in Committee to remedy that defect.