European Union (Notification of Withdrawal) Bill

Viscount Hailsham Excerpts

Committee: 1st sitting (Hansard): House of Lords
Monday 27th February 2017 Lords Chamber

[Lord Grocott]

My Lords, I had not intended to speak but I need to, because so far no one has addressed the specific terms of the amendment that is before the Committee. There is no element of sarcasm in this when I say that that is uncharacteristic of the noble Lord, Lord Newby. I asked him a specific question about his amendment. Also uncharacteristically, the noble Baroness, Lady Wheatcroft, has made a speech that is not based on the terms of the amendment. So let me remind the Committee briefly of what the amendment states. Three conditions are set out:

“No agreement with the European Union … may be ratified unless … it has been laid before and approved by a resolution of each House of Parliament”.


I do not know what meaning that has other than that it has to be approved by a resolution of each House of Parliament, which the noble Baroness, Lady Wheatcroft, said is not a problem because we always defer to the lower House. If that is the case, it needs to be in the amendment.

[Viscount Hailsham (Con)]

Perhaps the noble Lord would be good enough to look at Amendment 32 tabled in my name, which will be debated on Wednesday. He will see that this point is addressed in the proposed new clause by using the phrase “both Houses”. I take the point that the noble Lord is making with regard to “each House”, but does he agree that if the phrase “both Houses” is substituted, the point is made?

[Lord Grocott]

I am a long way from reaching Amendment 32, but I shall certainly look at it in good time. Before we get to any question of consulting the people on an agreement, which was the thrust of the comments of both the noble Baroness, Lady Wheatcroft, and the noble Lord, Lord Newby, it has to clear the first hurdle of being passed, or I should say approved, by both Houses of Parliament. We need to know what happens if one House says yes and the other no, because it occurs to me that there is a considerable possibility that the House of Commons, with a Conservative majority, might well, on the recommendation of the Prime Minister, agree to approve the Prime Minister’s recommendation. There is also a considerable possibility that this House, not being so bound by recommendations of Prime Ministers of whichever party, will decide that it does not agree with the recommendation made by the Prime Minister and the Government. That is the question: what happens if one says yes and the other no?

That is the first hurdle that would have to be cleared before there can be a referendum, but there is another. New paragraph (b) says,

“the Prime Minister has obtained authority to put it to a national referendum”.

That would require a Bill and an Act of Parliament. That is the second hurdle that would have to be cleared by the House of Commons and the House of Lords before we could reach the third stage, which is the referendum itself—new paragraph (c) provides that it should have been,

“approved by such a referendum”.

I say to those who have spoken so far that unless there are rather better answers to the question, particularly about the two Houses—

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[Lord Grocott]

After the best part of 40 years over which my noble friend and I have been in Parliament, we do not disagree on much. I am delighted to see that we clearly do not disagree on this amendment either. In the absence of any satisfactory answers to the questions I have put, I hope that the House will decide against the amendment, should it be put to a vote.

[Viscount Hailsham]

My Lords, I intervene briefly in opposition to the amendment. In fact, referring to an amendment coming down the track that I hope will be discussed on Wednesday, I have tabled a new clause that would enable Parliament to direct a referendum. The amendment that we are discussing would require Parliament to hold a referendum. That seems to be fundamentally different in kind. If two years down the track the public mood has changed after the negotiations, I for one believe that the public’s opinion should be tested in a referendum, which Parliament would then decide. Alternatively, if in two years’ time Parliament decides not to approve agreed terms, I fancy that Parliament would decide that its decision had to be underwritten by a referendum.

That is different in kind to this amendment, which would require Parliament to direct a referendum, whether there is a change in opinion or not. That seems fundamentally undesirable, because we know that referenda are profoundly divisive mechanisms. They are the policy of last resort. If there is not a perceptible change in public opinion, or if Parliament is not minded to vote down the agreed terms, I see no need to require the holding of a referendum. This is a mandatory amendment; I am against it for that rather narrow reason.

--- Later in debate ---

[Lord Empey]

I cannot attribute the motivation. The noble Lord has his view. I am simply saying that if we are going to send people to Brussels to do a good deal for us—and whether they can, I do not know—the one thing we cannot do is saw their legs off before they go; otherwise we will get absolutely nothing.

[Viscount Hailsham (Con)]

But the noble Lord will recognise that that is already the case under Section 20 of the 2010 Act. Every treaty has to be ratified by Parliament. If that is true of every other treaty, why not of the present negotiations?

[Lord Empey]

I am not opposed to the concept, of course. We have already said that it is going to be ratified by Parliament. I make the point that if these amendments are inserted—and there are others on the Marshalled List to be dealt with at a later sitting—we are going to send a team of people to negotiate on our behalf. Clearly people in Brussels will say, “These people do not have the juice to do a deal so why would I take a political risk as a Brussels negotiator to stretch out towards them”—which is what is going to be needed on both sides—“because they know that they have no chance of getting a deal at the end of the day?”.