European Union (Withdrawal) Bill

Lord Cormack Excerpts

Wednesday 14th March 2018 Lords Chamber

[Lord Hannay of Chiswick]

Yes, that is exactly my opinion, too.

[Lord Cormack (Con)]

I am grateful to the noble Lord. My only point is that no Government can at any time bind a future Parliament.

[Lord Falconer of Thoroton (Lab)]

My Lords, a final answer to the question by the noble Lord, Lord Forsyth, would be that we do not just leave automatically. There is a whole range of choices that have to be made and those choices involve the Government negotiating an agreement and then, I would respectfully submit, Parliament deciding whether it approves of the deal that has been done. As the noble Baroness, Lady Altmann, rightly said, this is not about trying to frustrate the outcome of the referendum, but trying to get to a sensible answer, which Parliament takes responsibility for.

We had a fantastic debate this morning and I invidiously single out the four speeches by my noble friends Lady Hayter and Lord Reid of Cardowan, the noble Lord, Lord Patten of Barnes, and the noble Viscount, Lord Hailsham. They were absolutely terrific in terms of establishing—and re-establishing—the principle of parliamentary sovereignty. I recommend my noble friend Lord Reid’s speech; this is not some abstract principle—it is about Parliament performing its rule and its role in order that there is better governance of our country. There are three particular effects in this respect.

First—and I can say this, having been in government—there is nothing that makes government decisions better than the fact that you will be grilled by Parliament on those decisions; it makes you think them through much more. The more this Government think that they can do Brexit without being grilled by Parliament, the worse the decisions will be.

Secondly, every time I speak to people in the European Union, they ask whether this Government have the authority to do any deal, because of their precarious political position. The more that the people with whom we are negotiating think the Government will have the authority of Parliament, the more they will pay attention to what the Government are doing.

Thirdly, we want a deal that the country has confidence in. People are much more likely to have confidence in a deal that does not appear to be the product of a negotiation between the Prime Minister and Mr Jacob Rees-Mogg but which appears to be something that Parliament as a whole is willing to approve.

For those three reasons, all of which are practical, I think it is really important that Parliament has a meaningful vote. The debate this morning indicated that there was broad consensus around this House that Parliament should have a meaningful vote. I will just draw out three aspects of that meaningful vote—does the Minister agree that these aspects will be covered?

First, the meaningful vote must be in respect of the withdrawal agreement, the transition agreement and the political declaration that it is envisaged will be agreed between the European Union and the United Kingdom on the future trading relationship between the two. I include that because, as the Minister knows, Article 50 says that the withdrawal agreement must have regard to the future relationship.

Secondly, the meaningful vote—in order to be meaningful—must take place at such a time as it can affect the result. That means before the European Parliament has voted, and while there is still time for Her Majesty’s Government to go back and negotiate further, if that be the wish of Parliament, in accordance with any one of the three agreements or political declarations I have identified.

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[Baroness Altmann]

It is indeed our job to make recommendations to the other place if we believe that there are issues in this Bill which go to the heart of some of the constitutional matters relating to it.

[Lord Cormack]

Will my noble friend remind my other noble friend that the Bill has gone through all its stages in another place? It is now before us. We have to amend it as and when we think, and the other place has to pronounce on our amendments. It is our duty to say to it, “Please think again”, if we feel that is necessary. At the end of the day, the other place will have the final word.

[Lord Elystan-Morgan (CB)]

My Lords, a point was made by several noble Lords as to a delay in the operation of Article 50. If I remember rightly, under Clause 2, there is a period of two years. Can that be invoked unilaterally or does it need the consent of all 27 other members? I would be most grateful if the Minister could reply. If not, I have no doubt that the noble Lord, Lord Kerr, will correct us.

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[Lord Callanan]

Yes, I fear the noble Lord is wrong about that. I think he is referring to the final trade agreement, which we hope will be a mixed agreement and will therefore need approval in national parliaments. The Article 50 process does not require approval in national parliaments.

[Lord Cormack]

I respectfully suggest that my noble friend is wrong in saying that it is impossible to guarantee a vote in our national Parliament before one in the European Parliament. If we are taking back control, surely in this of all Bills we can give that assurance.

[Lord Callanan]

I can give him the assurance that we intend, we expect, we hope and we want the vote in this Parliament to take place before the European Parliament votes, but we do not know at what stage the European Parliament will vote: it may be, to quote a hypothetical circumstance, that this Parliament will be in recess and that the European Parliament will have a vote immediately thereafter. However, I do not know; I am just saying when we want it to take place and we expect and intend it to do so.

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[Lord Callanan]

The Government’s position is clear that Article 50 will not be revoked. We will discuss the question—

[Lord Cormack]

My Lords, with everything he says my noble friend is repudiating the authority and position of Parliament, and asserting the supremacy of the Executive. That is inimical to parliamentary democracy.

[Lord Callanan]

I think I am asserting the supremacy of the people who voted in a referendum.