European Union (Withdrawal) Bill

Lord Green of Deddington Excerpts

Report: 4th sitting (Hansard): House of Lords
Monday 30th April 2018 Lords Chamber

Finally, it is argued that there will be no time for a referendum before we are set to leave the EU on 29 March next year. The noble Lords who are proposing the amendment accept that this is a possibility. That is why it provides for the Government to seek an extension of the Article 50 period, if necessary, to allow a referendum to be held. We believe that, in practice, such a request would be granted. There are many uncertainties—

[Lord Green of Deddington (CB)]

The noble Lord just made an important point: there is no certainty that that would be granted. Why does the noble Lord believe that it will be? Surely that is a matter for the ECJ, or may become one. What is behind the noble Lord’s remark?

[Lord Newby]

It would be a matter for member states acting unanimously. Not surprisingly, those of us who might wish for an extension of the Article 50 process have taken advice from Members of your Lordships’ House, from representatives of institutions and from other Governments, and we have formed the view that they would in those circumstances allow a limited extension of the Article 50 process to enable a referendum to be held.

This amendment complements the one we have just passed. It provides for an option, not a requirement, for Parliament to decide to hold a referendum when we see the terms of the withdrawal agreement. It would give the people who started the Brexit process the chance to have a final say in its outcome. I commend it to the House.

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[Lord Butler of Brockwell]

My Lords, I have put my name to this amendment. Although I have always maintained that the people ought to have the opportunity of a referendum on the terms of our leaving the European Union, as the noble Lord, Lord Wigley said, this amendment does not mandate such a referendum. It gives Parliament the option of a referendum if, and only if, Parliament believes that the terms secured by the Government would be more damaging to our country than staying in the EU.

I supported the amendment that the House has just passed. Of course Parliament should be allowed a wider choice than the choice which, as the Minister admitted, the Government intend, and of course we must hope that the Government secure a good agreement. But Parliament should not be limited to what the noble Baroness, Lady Hayter, described as a Hobson’s choice between a bad agreement and no agreement at all. For that reason, I will also support Amendment 62 in the names of the noble Lords, Lord Cormack, Lord Reid, Lord Deben and Lord Balfe.

Although no one relishes the idea of a further referendum—I certainly do not—I believe that Amendment 50 is the logical consequence of the one that the House has just passed, which says that, if Parliament withholds approval of the withdrawal agreement, the Government must follow any direction approved by the House of Commons and considered by the House of Lords. I have considerable sympathy with the arguments advanced by the noble Lords, Lord Howard and Lord Lamont, against Parliament giving instructions to the Government. However, I believe that there will, in effect, be no choice for anybody about the instructions that would have to be given. About this, we have to be realistic. Whatever agreement is reached will be the result of long and painful negotiations. We cannot realistically expect the EU to be willing to reopen the negotiations and give us better terms at the behest of the UK Parliament—that is simply not a possible prospect.

It is in this respect that Amendment 50 goes further than Amendment 49. It recognises, in keeping with my view, that the only alternative to an unacceptable agreement is no agreement at all. That is not acceptable. The only other option is to withdraw our notice under Article 50. We must be honest that that is what a rejection of the agreement would entail. At the same time—

[Lord Green of Deddington]

I have listened very carefully to the noble Lord, but what would be the terms? We do not know for sure that we can lift our Article 50, but nor do we know—and nor would we know if a referendum were called—what terms we could return on. Would we get the same rebate? Would we have to undertake to join Schengen or the euro and so forth? Surely, we cannot assume that 27 countries will give us a completely clean return. Therefore, it would be rather difficult to know what the two options for the referendum were.

[Lord Butler of Brockwell]

That is precisely the point that I am making. We certainly cannot be sure that, if the agreement were rejected, the EU would give us better terms. I do not believe for a moment that it would. In that case, the only other alternative is to think again about our notice under Article 50. That is what we need to face up to.

The amendment acknowledges that, since the decision to leave the EU was taken by the British people, a decision to withdraw our notice could also be taken only by the British people. That is where a further referendum comes in. It is not ignoring the will of the people but submitting to it. I realise that those who believe that the United Kingdom should leave the European Union oppose submitting the view of Parliament to a decision of the people. But I find it difficult to see why they regard themselves as more democratic than those who favour giving the people the final say.

Amendment 50 is also realistic about the timetable, as the noble Lord the leader of the Liberal Democrats in this House has said. An agreement even in broad terms will not be reached until this October at the earliest. If Parliament rejects the agreement, time will be needed to legislate for a referendum and hold it. That would, in all likelihood, be impracticable before March 2019. So the amendment requires the Government to seek an extension of the Article 50 period for that purpose. It would, as has been acknowledged, be up to the EU partners to decide on whether such an extension should be granted, but if there is a prospect that it could enable the UK to stay within the EU, I believe that it would be granted.

Those who have reservations about a further referendum should not feel that they would be committing themselves by supporting this amendment tonight. It would be an option if, and only if, Parliament finds the outcome of the negotiations unacceptable. At that point, it would be the only option. But the amendment ensures that Parliament would at least have that option, and I urge the House to support it.

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[Lord Green of Deddington]

My Lords, would we still be members of the European Union for the period of the extension and therefore have all the rights of a member?

[Lord Kerr of Kinlochard]

Of course.