European Union (Referendum) Bill

Lord Gardiner of Kimble Excerpts

Friday 24th January 2014 Lords Chamber

[Lord Foulkes of Cumnock]

My Lords, there is a problem here. I am ready to move Amendment 40, but no explanation has been given to my noble friends Lord Anderson and Lord Wigley on why their amendments have been pre-empted. With respect, either the Chairman, the Clerk, the Government or the mover of the Motion—there is an option; all four of them—should let the noble Lords, Lord Anderson and Lord Wigley, know why their amendments have been pre-empted. If they have, I am ready to move Amendment 40. If they have not, the noble Lord, Lord Anderson, is ready to move Amendment 33.

[Lord Gardiner of Kimble (Con)]

My Lords, it may be helpful if I read from the brief, which suggests that, if Amendment 28 is agreed to, we cannot call Amendments 31 to 39 inclusive because of pre-emption. That is the reason why we are moving to Amendment 40.

[Lord Anderson of Swansea]

Confusion now has sown its masterpiece. I do not understand on what basis my amendment was pre-empted, and, on a matter of courtesy, no one has told me that this was so. We have not debated these matters which, in my judgment, are important. That is why I limited my speech on the report in relation to alternatives to a very brief statement so that I could develop my points in relation to Amendments 33 to 39.

[Lord Gardiner of Kimble]

My Lords, I apologise but my understanding is that the relevant text in the Bill has been removed. Amendments 31 to 39 have fallen, as it were, because of the pre-emption. That provision has gone.

[Lord Greaves]

Perhaps I can help the noble Lord, Lord Anderson, and the House. This is getting into such a mess that I think we should adjourn now, but that is a different issue. The amendment that has been carried removes subsection (4). All these other amendments seek to insert text on completely different issues after subsection (4). I do not think that the removal of subsection (4) pre-empts text on completely different issues that is sought to be inserted after that subsection. I hesitate to say this when the Clerk is jumping up and down, but just because the relevant measure refers to line 9, and line 9 has been removed, it clearly now refers to where line 9 would have been previously.

--- Later in debate ---

[Lord Anderson of Swansea]

That sounds fairly plausible, but it is the time of day when even plausibility might not be such. We are probably at the point, dare I say, when one might consider drawing stumps. After all, it has been a fairly long day in the field.

[Lord Gardiner of Kimble]

My Lords, I rather think that the noble Lord, Lord Foulkes, was already wanting to speak on the group beginning Amendment 40 and that your Lordships would rather like to hear from the noble Lord.

[Lord Wigley]

My Lords, I support the noble Lord, Lord Anderson, in what he was saying. When he spoke to the earlier bank of amendments, Amendment 28 had not been passed. He therefore had every expectation to be coming to the bank of amendments standing in his name and mine. He said specifically that he would be speaking to them in more detail. It is totally unreasonable that they should be taken out. Can we have an assurance that we can return to all these matters on Report?