European Union (Withdrawal) Bill

Lord Forsyth of Drumlean Excerpts

2nd reading (Hansard - continued): House of Lords
Wednesday 31st January 2018 Lords Chamber

[Lord Forsyth of Drumlean (Con)]

My Lords, that is rather like suggesting that one ought to remain inside a burning house in the hope of putting out the fire. I am not sure that I follow the logic of the noble Lord’s argument.

I am in a minority in this House with my views on Brexit—I have noticed that. I am very proud of the way that we in the House of Lords have conducted ourselves over the last 36 hours. I read in the newspapers that we were going to reverse the decisions of the House of Commons and wreck the Bill but, instead, we have had a typically incisive debate. We should be particularly proud of the report produced by the Constitution Committee.

I do not know where I come in the speakers list— 194th or something like that—but I thought that I needed to find something new to say, so I would like to tell the House that there is a blue moon tonight. For those who do not know what a blue moon is, it is not a reference to the Tory party; it is a reference to the fact that there has been a full moon twice in the same calendar month—a very rare thing.

When I got an email from the noble Lord, Lord Adonis—who I hold in very high regard—asking me to support an amendment that we should spend four days on Second Reading, which would mean that we would now be only halfway through, I thought that perhaps the lunar effect was having an effect upon him. Then, when I read that he wanted to suggest that we have a second referendum, I just reflected that we voted on this last year in this House and voted with a majority of more than 200 against that, so I admire his courage and his consistency.

The best speech of many speeches, I think by far, was the one given from the Cross Benches by the noble and learned Lord, Lord Judge. He set it out absolutely clearly, and I feel guilty that I took the advice from the Chief Whip and the Leader of the House and went through the Lobby the other evening, adding to the burden of these Henry VIII clauses. I am impressed that perhaps this is an opportunity for us to take a stand while looking at this Bill. But I have to say that the noble and learned Lord, Lord Hope of Craighead, disappointed me. He actually compared this Bill to Cromwell. He suggested that it was Cromwellian that we were taking powers away from Parliament in the way that Cromwell had done.

[Lord Blencathra]

Thomas Cromwell.

[Lord Forsyth of Drumlean]

Ah, Thomas Cromwell.

[Noble Lords]

Oh!

[Lord Forsyth of Drumlean]

In which case I withdraw entirely my criticism. But some people drew the parallel between taking powers away from Parliament and this Bill, whereas actually, if there is a historical parallel, it is the Restoration, because it is returning powers that were given away in the 1972 Act, which this Bill will repeal. Some 20,000 EU laws were brought into British law over which Parliament had no say whatever. So I take with a pinch of salt those who suggest that this is a terrible Bill because it is denying Parliament the ability to decide matters. It is returning to Parliament the ability, once this Bill is passed and we are out of the European Union, to alter the Bills as we see fit.

I voted to join the European Community, and in my youth—I have to confess—I was once a member of the Young European Federalists—

[Noble Lords]

No!

[Lord Forsyth of Drumlean]

But I grew out of it.

We are keen on Edmund Burke quotes. The one I would suggest the House might look at is this one:

“The people never gave up their liberties but under some delusion”.


I was under a delusion that the Common Market would be a free trade area. Instead, it has turned into a European Union which has been a tyranny for many of the countries of Europe. The noble Lord looks quizzical. Go to Greece and see what the European Union has done to the people in Greece.

[Lord Newby (LD)]

Could the noble Lord inform the House what proportion of the Greek population wishes to remain in the European Union?

[Lord Forsyth of Drumlean]

I have no idea what the proportion is, but if the noble Lord is suggesting that they have a referendum then I think he has enough on his plate with trying to persuade the British people that they should have another referendum. This Bill is a major first start in a process which is about taking back control, making our own laws, and being able to police our own borders and spend our own money.

On the devolution issue, as far as Scotland is concerned, because I have nothing to say about Wales, I have to say that it is absolutely hilarious to watch members of the SNP say that there is a major constitutional crisis because they might not have the powers over agriculture, fisheries and other matters which are exercised in Brussels while at the same time arguing vehemently that Brussels should continue to exercise those powers. It is this Government who are going to create the opportunity for those powers to be exercised in the Scottish Parliament. Many noble Lords have made speeches saying that the Bill is defective because there is no amendment to achieve that purpose. It does not require an amendment; it requires people to sit down in a constructive manner to talk about the arrangements that need to be in place in order to ensure that the various nations of the United Kingdom work together. What the SNP is doing is once again turning everything into a constitutional crisis in its efforts to break up the United Kingdom. We should not give it any quarter on that matter, a point which was made very effectively by my noble friend Lord Dunlop.

This Bill is not a vote to leave or remain, it is not a vote on future policy, it is not a vote on whether we have a free trade agreement and it is not a vote on the devolution of EU policy. Let us just think of the volume of legislation that would be required if we did not have some Henry VIII clauses. I looked at the Open Europe 2005 estimate of EU law passed since 1957 and it amounted to 666,879 pages. I have worked out that if Parliament sat for 24 hours a day, seven days a week, and we did that for a year, we would be able to look at each page for 47 seconds. The practical reality is that we need a Bill of this kind to deliver what the people voted for in the referendum. There are people in the Scottish Parliament who say that they will refuse legislative consent. I wish them well if they are going to try to go through all that legislation and legislate for themselves.

I appreciate that I am running out of time, but leaving aside Thomas Cromwell, perhaps I may give a quote from Oliver Cromwell to those in the House who are so firm in their opposition to responding to what the people voted for:

“I beseech you … Think it possible you may be mistaken”.