Scotland Act 1998 (Modification of Schedule 5) Order 2013

Debate between Countess of Mar and Lord Williamson of Horton

Wednesday 16th January 2013 Lords Chamber

[Lord Williamson of Horton]

I comprehend that point, but we have our own Constitution Committee, which has stated:

“We are concerned about whether a referendum on independence will be intelligible unless it specifies that the consequence of independence is Scotland leaving the United Kingdom”.

What comment does the Minister have to make on that point, which is the view of our Constitution Committee? I understand the point that he made about the responsibilities of the Scottish Parliament.

[The Countess of Mar]

My Lords, may I very courteously suggest to the House that we hear the Minister’s speech, and that we will all have time to add whatever we want afterwards and to ask him questions to which he can respond at the end of the debate?

European Union Bill

Debate between Countess of Mar and Lord Williamson of Horton

Tuesday 5th April 2011 Lords Chamber

[Lord Williamson of Horton]

My Lords, I declared an interest at Second Reading and I now rise for the first time in Committee to speak also to Amendments 6, 13 and 14, which are in my name, and to similar amendments in the name of the noble Baroness, Lady Symons of Vernham Dean. So far today, I have been in the minority: that is to say, the minority that did not interrupt the Minister, the noble Lord, Lord Pearson of Rannoch, or the noble Lord, Lord Stoddart of Swindon. However, by the time we have dealt with this amendment, I hope that I will be in the majority. That is my plan, and I hope that we will begin to get a good deal of agreement on the amendments in this group.

I see the amendments as a normal part of scrutiny. We had a few discussions earlier today about whether some amendments were very broad and went beyond scrutiny. I consider that these amendments are a proper part of the scrutiny of a Bill that has been through the other House.

A prime purpose of the Bill before us is to establish a referendum lock in relation to the potential transfer of power or competence, as discussed, from the United Kingdom to the European Union. I think that this will not give rise to any referendums—or at least to very few—because the UK Government will simply not take the action that would trigger a referendum. However, we cannot be sure what the situation will be in future Parliaments or future Governments, and, although I do not expect it personally, it seems that we could face a blizzard of referendums. For that reason, I consider it important that we should decide the conditions for the application of these referendums so as to ensure the confidence of the British public in their results.

All the referendums that might arise under the Bill would be mandatory. To this extent, they would be a form of referendum government, as opposed to the parliamentary government to which we are accustomed. Amendments 5 and 13 would reintroduce Parliament from the cul-de-sac where it is at the moment under the Bill. The amendments would ensure that, following a referendum, it was necessary for a Minister to move a Motion in Parliament approving the intention to ratify the treaty and for Parliament to agree it. That is a change from the Bill and it goes further than Amendment 6, about which I shall now say a word.

With Amendment 6 go Amendment 14 and the amendments tabled by the noble Baroness, Lady Symons. It is possible that some of the referendums would be on important issues that would be likely to attract the attention and votes of a significant number of citizens. However—we have been over this ground to some degree—other issues set out in the Bill are certainly less important, and the British public might be relatively indifferent and not vote in significant numbers. Looking at the list of items, I must say that I would find it very difficult to enthuse the British public to vote in a referendum on them, and that is why I put forward Amendment 6. It would establish that, if the number of votes in a referendum fell below 40 per cent of the electorate, the referendum would still be valid but it would be advisory to Parliament, which would take the final decision.

Noble Lords will be familiar with the proposal in this amendment because this House discussed at length and passed a similar proposal on the Parliamentary Voting System and Constituencies Bill, which was moved on that occasion by the noble Lord, Lord Rooker. He has established himself in the pantheon of those dealing with the constitutional effects of referendums and, with this amendment, I have the modest hope of following his example. Of course, I have the confidence and hope that this House, having voted for this very approach only a few weeks ago, will not hesitate to do so again in relation to Amendment 6. There is nothing like having consistency in the House and I hope that we will be able to see it in force again when we deal with this matter in the EU Bill.

That is a very simple presentation of these amendments and, in my view, they are quite simple in their purpose and are not entirely a European Union matter. They also concern how we handle referendums, which I consider quite important and on which I have quite strong views. I voted the way most people did in this House on the previous occasion and I hope that these amendments will commend themselves to the Committee. I beg to move.

[The Deputy Chairman (The Countess of Mar)]

I have to tell noble Lords that if Amendment 5 or Amendment 6 is agreed to, I cannot call Amendment 7 because of pre-emption.