Further Discussions with the European Union under Article 50 of the Treaty on European Union

Viscount Hailsham Excerpts

Wednesday 27th February 2019 Lords Chamber

[Viscount Hailsham (Con)]

My Lords, it is a very great pleasure to follow the noble Lord, Lord Campbell. Neither he nor I is a tribalist; we have in fact worked together over many years, often in agreement, starting with our joint opposition to the second Iraq war. We are entirely in agreement with the debates on Brexit. It is also a great pleasure to follow two of my neighbours—my noble friend Lord Cormack and my former honourable friend Lord Davies of Stamford. They and I represented Conservative constituencies for many years. We know that there is a serious distinction between the admirable views of the association and the views of the ordinary Conservative voter. They are not the same, and I very much fear that the members of the ERG do not understand that basic fact.

I have expressed my views on a number of occasions, though not recently in formal debate. Therefore, I will confine myself to making three substantive points. First, we should acknowledge that no deal that can be negotiated is better for the United Kingdom than staying in the European Union on existing terms. Because of the negotiating skills of successive Prime Ministers, Britain has achieved the substantial advantage of membership while securing the rebate and also opting out of many policies of which we disapproved. That is a hugely advantageous position. The Prime Minister should have the honesty and the courage to state what probably the majority of Parliament believes—that Brexit is a very serious error. It is a policy which, on its merits, should not be pursued.

I say this not as a Europhile. I am perhaps not as enthusiastic about the European Union as the noble Lord, Lord Campbell. All my instincts are in fact the other way. As a Minister in the Home Office, the DTI, the Foreign Office with my noble friend Lord Garel-Jones, and in agriculture, I attended many euro councils. From that experience, I can identify many defects within the European Union. I do not think that it respects democratic values; I do not believe in ever greater integration. Managing BSE was a profoundly disagreeable experience. However, I am firmly and absolutely convinced that our national interests are best served by remaining within the European Union. Should we leave on any of the terms that are conceivably negotiable, our economic, political, cultural and strategic interests will suffer grave and long-lasting damage—we will enter a period of progressive and relative decline.

When I was in the DTI, I was frequently involved in discussions on inward investment—for example, with the Japanese. In our discussions, we always emphasised that Britain was the gateway to Europe; if you close that gateway, or obstruct the passage, potential overseas investors will simply look elsewhere. In 1962, Dean Acheson said that Britain had lost an empire and had failed to find a role in the world. At that time he was right but, subsequently, we have developed an important role as a leading nation within the European Union—a role which has reinforced, not diminished, our influence on the world stage. We are about to throw all of that away.

I turn to the question of delay. Unless Brexit is delayed, we are due to leave on 29 March. Here, I may have a declarable interest. My family and I have long-standing plans to go abroad on 31 March—that may have been an extremely unwise decision. It is essential that the deadline be extended and it is clear that our European partners would welcome this. There are, of course, short-term reasons for seeking an extension. As the noble Lord, Lord Newby, rightly said, the legislative programme is not, and will not, be ready in time. The problems with the backstop have not been resolved—matters spoken to by the noble Lord, Lord Davies of Stamford. However, in arguing that we need more time, I am talking about a much longer extension than is generally suggested, particularly by the Prime Minister. I entirely agree with the view of the noble Lord, Lord Kerr, on this point.

My reasons for asking for a very long extension relate to the holding of a further referendum. I think that it is increasingly obvious that a further referendum is probably the only acceptable way forward—I entirely agree with my noble friend Lord Garel-Jones on this point—but one difficulty lies in determining the question to be put to the electorate. In determining that question, we in fact identify the proper way forward. Clearly, one question should be: should the United Kingdom remain in the European Union on existing terms? That is an essential question, but what about the other questions? I am very cautious about putting the option of leaving the European Union without a deal to the electorate—there is not likely to be a parliamentary majority for such a policy. To impose an obligation on Parliament for which there is no supportive majority is to invite a constitutional crisis of a devastating kind. The question that has to be determined is: what are the other questions? It has to be the negotiated deal, but here lies the problem: what deal?

The deal presently negotiated by the Prime Minister is an interim and transitional deal; it does not and cannot reflect the ultimate arrangements between the European Union and the United Kingdom. It is therefore a very unsatisfactory subject for a referendum. I also acknowledge the arguments of those who say, “Another referendum? How many more?” So if there is to be a further referendum, it should not be on the present and transitional deal but on the final deal, yet to be negotiated, and that may be many years distant.

If that proposition is accepted, much else falls into place. The deadline must be extended well beyond 29 March. Article 50 must be revoked—we are still in time to do that. Then, as full and remaining members of the European Union, we should embark on orderly negotiations to leave the European Union. Once those have crystallised into a concluded agreement, regulating the ultimate arrangements between ourselves and the European Union, that agreement could be put to the country in the further referendum—unless, of course, the electorate is prepared to leave the question to Parliament, which within our constitutional practices would be wholly proper.

I am conscious that what I have suggested will be very unpopular in some quarters. But none of the alternatives are attractive. We are facing the worst peacetime crisis for over 100 years—certainly since the failure of the Home Rule legislation, perhaps before. Now is the time to put what we deem to be the national interest before any party consideration. That is what our predecessors did in May 1940. The Prime Minister fell and a national Government was formed. If the Prime Minister is seen to put nation before party, she may fail, and she may fall. But she will have earned great respect, and history will then judge her generously.