European Union Bill

Debate between Lord Deben and Lord Goodhart

Tuesday 5th April 2011 Lords Chamber

[Lord Deben]

I would say that a large number of people spend a great deal of time misleading as many people as possible on the European Union and it is not surprising that some of it has rubbed off. However, I named no names and I will not do so now. That intervention shows us exactly that what I have said is true. Any Government proposing anything in Europe will come to this part of Europe and present it to the House of Commons, and someone will say, “Why are you not moving for a referendum to be held under this part of the Bill?”. There is no subject which would not come under it. I say to the noble Lord that this is a serious issue for any future Government because, if this part of the Bill goes through, no Government will be free of it in any decision they make. What will be the result of that in the Council?

Of course, I yield to the experience of the noble Lord, Lord Kerr, in negotiations but I think that my experience as a Minister is at least as long as that of anyone else in the country. Sixteen years of that experience was spent in the European Union, much of it in agriculture dealing with the detail of tiny issues that really mattered and much of it in environmental matters. However, I do not see how I could have negotiated, because any bit of this part of the Bill could have been brought up. Therefore, I say to the noble Lord that, if there is something of an argument here, can we please present it in a different way which does not bring all this baggage with it? If there is nothing here, it should be his devout wish that the Committee divides and he loses on this amendment, because it will damage Governments of all kinds. However, what it will damage most is the country that I love—the United Kingdom. It will mean that no Minister will be able to negotiate with the freedom of any other Minister in the European Union. We will be like the Belgians, who, for any decision, have to go back to three Ministers, all of whom have different views, and, as a result, they decide and contribute to nothing.

Therefore, I simply say to the noble Lord that, if he can move on this, he will give me confidence in the claim of my Government that this provision is intended merely to prevent huge changes being carried out without the consent of the British people. If he can move on this, he will protect this and other Governments from the effect of the provision, and I think he will find much of the rest of the debate very much easier. However, if he does not, I fear that many of us will have to vote again and again against a Bill which, for me, is the Conservative version of the Hunting Bill. It has been brought forward to look after a particular group of atavistic individuals and it is not in any way sensible. Everyone else knows that it is not sensible and that it is there for a purpose, and I am ashamed of the Liberal Democrats for not making sure that it was never there at all.

[Lord Goodhart]

My Lords, my noble friend Lord Deben will no doubt be pleased to hear that I agree with every word that he has just said, and I do so with a good deal more feeling than I agree with the views of the coalition.

In her speech at Second Reading, the noble Baroness, Lady Symons, said that the use of referendums in this Bill is unprecedented in terms of constitutional practice. That is absolutely true, but I would go further than that because I believe that important parts of the Bill are unconstitutional. Those parts of the Bill are the provisions that will require, for effective enactment, favourable decisions from both Parliament and a referendum. Here, when a Bill comes before Parliament, the decision by Parliament to enact the Bill may be overridden by its rejection in a referendum. Nothing like that has ever happened before in this country. What is proposed will set a precedent which could, and may well, lead to referendums being put on an equal footing with decisions by Parliament. We could, of course, consider a fundamental change to our constitution that would enable referendums to be incorporated into our system of legislation. However, this Bill is definitely not the place for doing that. I believe that once a Bill has been approved by Parliament, it is the law and cannot be overridden by a referendum imposed not by itself but by Parliament at an earlier date.