Brexit: People’s Vote

Lord Callanan Excerpts

Thursday 25th October 2018 Lords Chamber

[The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)]

My Lords, today’s debate has been a good one—although there was a hint of déjà vu about it. I seem to have heard many of the arguments a number of times before.

I thank and pay tribute to the noble Lord, Lord Campbell, for introducing the debate so ably. I greatly enjoyed his history lesson, although I think he was a bit unkind to David Cameron for fulfilling his manifesto promise to call the referendum in the first place. The noble Lord was conveniently forgetting about the crucial role played by the Liberal Democrats in this. After all, I think it was the Liberal Democrat party under Nick Clegg that first called for a “real referendum on Europe”. It was in one of their famous petitions and on one of their many focus leaflets distributed around the country—so they can definitely claim that they were ahead of the game on this one. However, building on the powerful contribution of my noble friend Lord Finkelstein, I note that the petition did not say, “It’s time for two real referenda on Europe”.

I also thank all other noble Lords who participated in the debate. I will refer to some of their contributions as I go. The Motion calls on this House to take note of the case for a so-called “people’s vote” on the outcome of the negotiations between the Government and the European Union on our withdrawal from the EU. I agree with my noble friend Lord Lamont that the term is somewhat Orwellian. I assume that the debate is timed to coincide with last week’s demonstration in London, which had an interesting range of speakers. One of them was the leader of the Liberal Democrats, Vincent Cable. Apparently he seems to have forgotten that he once called the idea of a second referendum,

“seriously disrespectful and politically utterly counterproductive”—

as, indeed, the Liberal Democrats discovered at the last election. Then there was the Mayor of London, Sadiq Khan. After the original, authentic 2016 people’s vote, he said that the establishment needed to respect the result and that a second referendum would lead to cynicism among voters. They were both right the first time.

I say to the noble Lord, Lord Russell, and to his son, to my noble friend Lady Wheatcroft, to the noble Lord, Lord Tyler, and to all the other marchers at the weekend that, however passionate it was—I recognise, as the noble Baroness, Lady Hayter, said, that it was a passionate demonstration and that people believed strongly in what they were saying—it was, of course, only a small fraction of those who participated in the original 2016 people’s vote. That point was well made by the noble Lord, Lord Grocott.

We have already had a people’s vote in June 2016 and the people voted to leave the European Union. The calls for a second referendum are being led by a small group of diehard remainers who, by definition, do not respect the result of referenda—so why should we believe that they would somehow respect the result of another referendum? If they did succeed in overturning the result, why should leavers respect that outcome? It is a recipe for years of political and constitutional chaos. On the issue of how long it would take to hold another referendum, which I thought was powerfully addressed by the noble Lord, Lord Trevethin, in his excellent contribution, my estimate that it could take up to a year might even have been an underestimate. That was a powerful contribution.

Calling the result into question, as the Motion seeks to do, exposes three issues of fundamental importance for our country: first, the Government’s mandate, given by the British people, to secure our withdrawal from the European Union; secondly, the long-held constitutional traditions that underpin our democracy; and, thirdly, the importance of ensuring the integrity of our negotiations. I will deal with each of them in turn.

First, the result of the referendum gave the Government a clear mandate from the British people to deliver our withdrawal from the EU. It is a mandate that the Government have been working to deliver since then. I remind noble Lords that it was this Parliament that overwhelmingly voted to put the question of the UK’s membership of the European Union to the British electorate in the first place. It is worth reminding ourselves of the simple question that was put to the people on 23 June 2016. It asked:

“Should the United Kingdom remain a member of the European Union or leave the European Union?”


The noble Lord, Lord Anderson, said in a somewhat puzzling intervention that it was not clear what the electorate said in that vote. I profoundly disagree. The result of the referendum was a clear answer to that question, giving a clear directive to the Government to withdraw from the European Union—which we respected through our notification under Article 50.

The result reflected not only extensive campaigning from both sides but considerable and prolonged debate at national and parliamentary level, underpinned by a commitment from spokesmen from all the major political parties to respect the outcome of the vote. Almost three-quarters of the electorate took part in that people’s vote, resulting in 17.4 million votes to leave the European Union. That was the highest number of votes cast for anything in UK electoral history. Parliament then overwhelmingly confirmed the result of the referendum by voting by clear and convincing majorities in both Houses for the European Union (Notification of Withdrawal) Bill.

Further still, at the last general election, more than 80% of the British people voted for parties committed in their manifesto to respecting the leave result. I respect the position of the Liberal Democrats. They campaigned against the result at the last general election and they got 7% of the vote for their trouble.

A clear majority of the electorate voted to leave and the Government believe that we must respect both the will of the British people and the democratic process which delivered that result. As the Secretary of State for Exiting the European Union noted earlier this month:

“It was close but it was clear. Britain voted to leave the EU. Respecting the result: that’s the essence of our democracy”.


Secondly, seeking to second-guess the results of the referendum would be a dangerous precedent to set for our democracy and the principles that underpin our constitutional order. The British people must be able to trust their Government both to effect their will and to deliver the best outcome for them. In the summer of 2016, millions of people came out to have their say. People trusted that their vote would count—that, after years of feeling ignored by politics, their voices would be now heard. As the Prime Minister pointed out, to ask the question all over again would be a gross betrayal of our democracy and a betrayal of that trust.

More than that, there is a danger of giving rise to the same forces that have brought to power in many other European countries extremist parties to the left and to the right. I agree with my noble friend Lord Shinkwin that if we overturn the result of the referendum we run the risk of the same thing happening here. By placing partisan interests above those of the British people, we will undermine the faith that they hold in our political establishment. That would be hugely damaging to the powerful democratic values of this country and this Government—a point powerfully made by my noble friend Lord Lamont and the noble Lord, Lord Grocott, in his excellent speech. It risks profound constitutional, legal and political difficulties that would be a distraction from the Government’s efforts to secure the best possible deal for the UK.

I reassure the noble Lord, Lord Marks, and my noble friend Lord Higgins that we have always said that we will give Parliament a say on the final deal once it is agreed. Of course, the EU withdrawal Act set out exactly how that meaningful vote would work.

[Lord Tyler]

In the precise circumstances to which the Minister just referred, does he agree with the Prime Minister that, if the House of Commons decided it was necessary to have a further return to the public, it must happen?

[Lord Callanan]

I am not going to question the devices of the House of Commons. Clearly, the House of Commons will make its own decisions. The legal principles underpinning it and underpinning the meaningful vote are quite clearly set out in the EU withdrawal Act. It is of course open to the House of Commons to amend that Motion. However, an amendment for a referendum would not necessarily be legally binding on the Government; it would merely prevent us ratifying the treaty.

[Lord Bilimoria]

The Minister has just said that Parliament will be given a meaningful vote. The Secretary of State, Dominic Raab, has said that Parliament will not be given the option of a meaningful vote—of deal or no deal, or no deal or remain.

[Lord Callanan]

I do not know what contribution the noble Lord is referring to, but the process of the meaningful vote is set out in the EU withdrawal Act. He contributed to many of the debates we had in this House on that subject. When we have negotiated a deal it will be put to Parliament to approve or not, along with the accompanying economic framework.

[Baroness McDonagh]

Did the Minister say that if the House of Commons voted for a second referendum, that would not be legally binding on the Government? Could he repeat that and explain how the previous court decision that Parliament was supreme in these matters works with that opinion?

[Lord Callanan]

I am not an expert on procedures in the House of Commons. There are many other distinguished Members here who are, but my understanding is that Motions in the House of Commons are not legally binding. For a further referendum to take place would require legislation to be passed. If the House of Commons passes legislation to that effect, there will of course be a referendum in that circumstance.

[Lord Marks of Henley-on-Thames]

The point I put to the noble Lord and that I wanted an answer to is what the meaningful vote would be in the event of no deal, not in the event that there was a deal. Would Parliament then be asked whether they wanted no deal or remain? To that we have never, ever had an answer.

[Lord Callanan]

I am afraid that the noble Lord again is mistaken. There is a very clear answer to that. Again, the EU withdrawal Act, which we debated extensively in this House, sets out what happens if there is no deal or Parliament rejects the deal the Government have negotiated. In such circumstances, within 21 days of that the Government must put forward a Motion in the House of Commons in neutral terms outlining how we propose to proceed. What happens in such circumstances is very clear. We debated it at length and that is now in the statute that we passed.

Thirdly, and finally, it is a well-established feature of our constitution that the Executive represent the country in international diplomacy, and this constitutional arrangement continues to apply to our withdrawal from the European Union.

There is a very real risk that the continuing campaign to overturn the referendum decision to leave is seriously undermining our negotiating position. If those on the other side believe that we may change our minds—

[Lord Butler of Brockwell]

I am very grateful to the Minister. Is he not making, from his point of view, a pessimistic but rather revealing statement when he says that a further referendum would overturn the decision of the British people? It would not necessarily overturn it, but apparently he thinks it would.

[Lord Callanan]

Actually, he does not think it would. There is a very real chance, if there were another referendum, that we would get the same result in spades. Of course, we will never know, because we are not going to have another referendum. My point is that it would provide at least a year, possibly longer, of total political and economic chaos, were we to go down that route.

As I set out, undermining the negotiating position—as many people are trying to do—will do nothing but guarantee a bad deal for the UK, something I think we all wish to avoid.

[Lord Campbell of Pittenweem]

I am most grateful; the Minister is being very generous giving way. Is he really saying that those who seek to exercise the democratic duty which they have in these matters are undermining the negotiation—in the light of the antics, if I may so put it, of the former Foreign Secretary?

--- Later in debate ---

[Lord Callanan]

I am merely making the obvious point that seeking to provide an avenue to overturn the result, to suggest that we may change our minds—and many on that side profoundly disagreed with the referendum result—provides an incentive for the EU to offer us a bad deal.

Continuing calls for a second referendum are irresponsible and will only serve to damage the negotiations—a point that we have just discussed. Let us be under no illusion: it is very clear that those advocating a second people’s vote wish to subvert the instruction given to us by the British people and to reverse the result. We have been very clear that this Government will never accept a second referendum. The British people voted to leave the EU, and we will be leaving on 29 March 2019. That is why, for over two years, we have worked to deliver a deal that sees the UK leave the EU. Our EU partners need to be clear that this Government will not overturn the result of the referendum. I say to the noble Baroness, Lady Ludford, that, despite the reports, there is no war-gaming going on in our department. The second referendum is not going to happen, and nobody in Whitehall is making any preparations for the unlikely event.

At the heart of the vote to leave the European Union was a wider call for change, which should neither be ignored nor undermined. As this Government deliver on the democratic decision of the British people to leave the European Union, which we will do on 29 March next year, we will also build a stronger, more meritocratic Britain. There can be no second-guessing this Government’s mandate to do exactly that.