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House of Lords Hansard
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European Union (Withdrawal) (No. 6) Bill
06 September 2019
Volume 799

Report

Clause 1: Duties in connection with the withdrawal of the UK from the European Union

Amendment 1

Moved by

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1: Clause 1, page 2, line 14, leave out from “2020” to end of line 20

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My Lords, I do not want to detain the House in any way.

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I mean that seriously. However, it may be of assistance to your Lordships if I explain why I have tabled this amendment. It arises from an exchange we had in Committee when my noble and learned friend Lord Mackay of Clashfern queried why the letter the Prime Minister is required to send under the Schedule to this Bill did not include a reason. We had an exchange about how, if you had to have a reason, surely that would be a condition. He said that the reason is in the Bill.

The reason is indeed in the Bill; it is the bit I want to take out—page 2, line 14, from “2020” to the end of line 20. I am not sure how many of your Lordships have studied this and thought about its implications. It is written in language which makes it less easy to understand, but it is essentially saying that the letter has to be sent,

“in order to debate and pass a Bill to implement the agreement between the United Kingdom and the European Union under Article 50(2) of the Treaty on European Union, including provisions reflecting the outcome of inter-party talks as announced by the Prime Minister on 21 May 2019, and in particular the need for the United Kingdom to secure changes to the political declaration to reflect the outcome of those inter-party talks”.

It means we are asking the Prime Minister to send a letter saying not only that he wants to debate the May deal and the subsequent matters that were agreed between the parties but that he intends to pass a Bill, when he has made it absolutely clear that he is determined not to do that. More particularly, for those Members who have argued about the supremacy of the House of Commons, it is a deal which has been rejected by the House of Commons on three separate occasions.

Here we have a piece of legislation which, by agreement between the Front Benches, is being given safe passage—I certainly do not support the Bill but I do not wish to delay it, if that is what the Government want—but what on earth is going on with the Government? Why have they not tabled an amendment to take this out? It does not reflect their declared policy, nor the view that the House of Commons has taken on three separate occasions.

I therefore went to have a look at the Hansard of the House of Commons to find out how this had got into the Bill. It has done so by accident. The Labour Party’s position in the other place was to abstain on this matter. Its author—showing that some families stick together—was a certain Stephen Kinnock.

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He is a very good chap.

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My noble friend Lord Cormack says that he is a very good chap. I know we are a broad church, but—.

Stephen Kinnock is quoted as saying on this matter:

“I understand that our position at the present time would be to abstain, but I am not 100% sure of that”.—[Official Report, Commons, 4/9/19; col. 262.]

My noble and learned friend Lord Mackay corrected me, quite rightly, when in Committee I said that the Government had failed to put in tellers for the Division—although I am confused because in my day, only the Government proposed Business Motions and matters of that kind. However, it was of course the promoters of the Bill who failed to provide tellers for the Division, which is how this has ended up in the Bill.

We therefore have a provision in that Clause of the Bill which the Labour Party did not want—it was going to abstain on it—and the Government cannot possibly have wanted. I am as good as my word—I said that I would not seek to delay the implementation of this legislation, if that is what has been agreed between the parties—but that strikes me as extraordinary. I did not table an amendment in Committee, which in the normal way I would have done, because I expected the Government to put down an amendment to deal with this, and they have not done so. I say to my noble friend that we would be very grateful indeed if he could explain why the Government are leaving in a Bill which they are proposing to support, a provision which requires the Prime Minister to write a letter for the purpose of giving an undertaking to debate and pass a Bill to implement the so-called May compromise agreement, including the discussions that took place between the previous Prime Minister and the Labour Party, which include giving assurances about regulatory requirements and the rest. It seems extraordinary, and that is the reason behind the amendment, which I beg to move.

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My Lords, I very much hope that the House will not be seduced by the silver tongue of my noble friend Lord Mackay of Drumlean.

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I apologise profusely to my noble and learned friend. Of course, nobody could possibly confuse an erudite lawyer with—

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Stop digging!

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My Lords, it is important that the Bill goes through as it came from the House of Commons, and I say that for one reason above all others. I believe that this Kinnock amendment gives an opportunity to bring to a seemly end the wrangling and the disputes that have taken place.

There are many in all parts of your Lordships’ House who would have supported the Theresa May deal. That was made plain in debate after debate. We never had the opportunity specifically to divide on it, but it was quite clear that a large number of influential Cross-Benchers, and of my friends on the other side of the House and this, would have accepted it. I believe that would have been a sensible decision.

We must remind ourselves that when it came up for the third time of asking in the other House, Mr Boris Johnson, not then the Prime Minister, voted for it, Mr Rees-Mogg voted for it and the Government in their entirety voted for it. I know that there has been a great clear-out of the Government, but it is entirely reasonable that, having had a chance to reflect after a change of leader and seeing the stark reality of falling off the cliff of no deal, we should have a chance to revisit it. That is not least because my noble friend the Minister—I am delighted that he is on the Front Bench at the moment—has repeatedly said this very week how hard he had fought to get the May deal through. Indeed he did, and I gave him constant support throughout those debates.

Therefore, this is no backtracking. It is a recognition of what we can do to bring this long, three-year saga to a decent end. Then we can move forward to a general election in due time, having agreed with our friends and allies in the European Union the terms of exit. I remind noble Lords in all parts of the House that, to use words I have used before, this is only the beginning of the beginning: there are many long months and years of negotiating ahead, but it would be far better to negotiate from a base of amity and accord than from a base of discord. That could and indeed would be the case if we came out without a deal, because acrimony would be the prevailing emotion, and that is not a good thing.

I hope that my noble friend Lord Forsyth will not have succeeded on this occasion in seducing your Lordships with his silver tongue, and I oppose the amendment.

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My Lords, yesterday I raised the issue of the opportunity that rests within the political declaration for a solution to the problem which the country faces. The offer from the Commission is still open for the Government of the day to hold discussions and negotiations to find a way through on the backstop, linked to the political declaration. I asked the Minister twice yesterday why the Government have not, as yet, taken up the opportunity to embark on a negotiation along those lines to try to find a way through, which in turn would link to the deal negotiated by Mrs May.

If, as the noble Lord, Lord Forsyth, wishes—he has spotted this—we take out this provision, that prevents that opportunity to take this forward. Those of us who are looking for a way through, who have been prepared to shift our ground to a degree to find an accommodation to try to get some healing of the divisions which exist, should vigorously oppose what he presents to us. We should ask the Minister and the Government to pick up the opportunity offered by the Commission to negotiate on the political declaration and find a way forward. Then, in turn, we should get the Bill through the House very quickly today as the basis for moving forward.

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My Lords, I support my noble friend Lord Forsyth. I am rather surprised at my noble friend Lord Cormack, because he has always been a great champion of the revising powers of this Chamber. When a Bill comes before us containing a clause that is clearly a complete mistake and which the proposers did not intend to be there, surely it is our job to send it back to the Commons, which has already organised to accept Lords amendments on Monday. The Commons can then accept my noble friend Lord Forsyth’s amendment, which will go through anyway. It will not delay the Bill or make the slightest difference; in fact, it will make the Bill better than it is already. It is quite extraordinary that, when a mistake like this has been made and is widely acknowledged by everybody as such—it happened because the Bill’s proposers did not put in tellers; that seems a bit amateur but there we are, that is what they did—we are not in a position to put the Bill right and concur with the wishes of the other place, which will pass the amendment so that nothing will change in terms of timing or anything else. I cannot understand why my noble friend Lord Forsyth’s amendment is being resisted in any way.

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My Lords, I heard the noble Lord say that this was a mistake. I am curious as to how he knows that. Does he have some inside knowledge—not just gossip?

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I have the inside knowledge that the Labour Party wanted to abstain on this and that there was no way that the amendment would have been carried had tellers been put through by the Bill’s proposers.

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My Lords, I was not intending to intervene—

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I seem to have become very swiftly a Member that this House does not want to hear from. That has been confirmed because this House does not care for certain inconvenient truths—or Trues. In my 22 years of service in this House, first in the usual channels and then having the honour of being a Member of the House, I have never made it my practice to comment publicly on the usual channels’ discussions. I do not do so now. The only thing I will say, which should be placed on record, is that at a certain significant hour in the small hours of Thursday morning, it was my understanding that this amendment would, by agreement, be removed. That was clearly a misunderstanding.

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My Lords, I would have preferred not to see the Kinnock amendment in the Bill, whether it was a mistake or not. As the noble Lord, Lord Kerr, pointed out in Committee, it is not open to the European Union to impose conditions on an extension, and this amendment seeks to remove the provision that suggests that there could be conditions. It is certainly not possible for the European Union to impose conditions on the conduct of the British Government during any extension. The words of the Kinnock amendment that this amendment seeks to remove are so woolly as to be meaningless. They refer to the outcome of cross-party talks, which was uncertain; indeed, the talks were abandoned. Along with the Bill’s promoters in the House of Commons and here, I believe that the words of the Kinnock amendment would have no legal effect.

To the noble Lords, Lord Cormack and Lord Brooke of Alverthorpe, I say this: there is nothing whatever in the Bill as it stands to prevent the negotiation of a deal by the Government, if it were negotiated and passed through the House of Commons. The central point is that we have to live with the Kinnock amendment. We need to vote against the amendment in the name of the noble Lord, Lord Forsyth, because we are under the time constraints of Prorogation. Whatever the noble Lord, Lord Hamilton, says about the opportunity that may be there on Monday morning, we cannot foretell what may happen in the Commons on Monday morning if we send back amendments. I therefore urge the House to reject the amendment, which will not affect the central thrust of the Bill in any way.

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My Lords, could I just—

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So tolerant of democracy.

I support the amendment suggested by the noble Lord, Lord Forsyth, for one reason only: there is not a small business woman or small business man in this land who has not had it up to here with this place and the other place. They just want everybody to get on with it and give the businesses of the land—which generate the profit, pay the tax and build the schools and hospitals—the chance to get on and make money, employ people and pay tax. They hold us all in very high disregard at the moment—all of us. The political class has let down this country and business, and that is not a partisan point. We should all, of every party in both places, look into our souls about what we have done to this country in so many ways. If these people, who hold us in such high disregard, thought we spent a Friday afternoon accepting the fact that we just knocked through on the nod something factually inaccurate, they would think we were even worse than they do right now.

I thought the point made by the noble Lord, Lord Brooke, was excellent. The chance of coming together and healing—he used that word, and I thought it was excellent—has a lot of merit in it, but we surely cannot knowingly vote for something that is factually wrong. On that basis I support the amendment—I do not think it would hold up anything on Monday—but after this debacle is over we ought to go from this place and just start trying to respect the optics: the businesses, the businesswomen and businessmen, the good people of this country, have had enough of us. If we do not start communicating with them as to why we are on their side, God help us.

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This amendment proposing to delete what is in the Bill strikes me as rather unnecessary, apart from the fact that we have difficulty with time. In my view, the amendment proposed by Mr Stephen Kinnock—a distinguished member of a distinguished family—was perfectly in order. The fact that, though the procedures of the House of Commons, it went into the Bill and is in the Bill we read for a second time, passed in Committee and are now considering on Report strikes me as perfectly in order. It makes the important distinction, which I tried to make yesterday, between the withdrawal agreement and the political declaration.

It has always seemed to me that the Irish backstop has the character of a future relationship. What is objected to is the fact that it is said to be permanent and so on. That is part of the future relationship, and therefore I have always felt that the backstop itself is not an objection to the withdrawal agreement as such. There may be other objections but, so far as the backstop is concerned, the aspect of it to which objection has been taken is as part of the future relationship. I would therefore welcome the idea of the House of Commons having a discussion separating out these two, which the Kinnock amendment does with complete accuracy. I do not for a minute believe that it does not make sense; it is perfectly readable and understandable, even for lawyers. In my view, therefore, this should stay in.

My noble friend says he expected the Government to object to it. The Government are not for the whole of this Bill. The whole thing is a Private Member’s Bill by a group that was not part of the Government as such. It may have included Members who were previously in the Government, but at any rate it is not a government Bill. The Government therefore do not care for it at all, so I do not know why they should have to propose an amendment to part of it. It is perfectly right that they had not done so. I understand they have been advised that it is meaningless. I do not agree with that, and I do not think anybody who reads it will think it is meaningless; it is perfectly clear what is wanted. It is the basis on which an extension is asked for.

According to the formulation of the noble Lord, Lord Kerr, no conditions are attached. However, if you apply for an extension the European Union will require a reason—which seems to be common sense—and, if you give a reason, good faith suggests that that is the reason, and therefore it promotes the likelihood that something may suddenly emerge which distinguishes between the political formulation and the withdrawal agreement, which is the vital thing to get through in time.

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Perhaps it would be helpful for the Committee if I said a few words about the amendment. Both my noble friends Lord Forsyth and Lord True are essentially correct, except in one important detail. I should say to my noble friend Lord True that even if the rest of the Committee does not want to hear from him, I do, because he speaks a lot of good sense on these issues.

It is true that initially, during the fast-moving events at a late hour on Wednesday evening, it was our intention to ask the House to remove this amendment. However, since then we have looked at it further. My noble friend Lord Forsyth said that the Government do not support this Bill and do not favour it. We think it is flawed and that this Kinnock amendment tries, but does not succeed, to make it even worse. The amendment is confusingly drafted, is contradictory to the aims of the rest of the Bill and its deficiencies are such that its effect is rendered pointless.

I always hesitate to disagree with my noble and learned friend Lord Mackay but my strong advice is that this amendment is legally inoperable. It appears contradictory with other parts of the Bill because it requires an extension to pass legislation to implement a deal, when, under this Bill, the extension is being sought only because no deal has been agreed.

For all those reasons, as I have said, we think it is inoperable and largely pointless. I am happy to say that it was our original intention to take it out—we had discussions to that effect and so my noble friend Lord True is correct, as always—but since then we have looked at the matter further.

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My Lords, I am grateful to the Minister for helping the Committee at this stage by explaining the Government’s position. We do not support the amendment. In short, given that the Minister has said the Government’s view is that the Kinnock amendment is legally inoperable, it does no harm to keep it in the Bill. I do not know why noble Lords are laughing because the critical point, which was made by the noble Lord, Lord Cormack, is that the Bill has to pass. We do not have time to send it back to the House of Commons given the guillotine of prorogation imposed by the Prime Minister.

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My Lords, in principle, the noble Lord, Lord Forsyth, makes a seductive case—in principle. The noble Lord, Lord Cormack, made the point that the House of Commons might want to look at it again. I do not see any contradiction in the fact that they have rejected the agreement three times. It is their choice—the meaningful vote is theirs, not ours—and it is a soft Brexit. It is Brexit in name only—there is no question about that. They are free at any time they want in the Commons to fix their business to do it. It is nothing to do with us because we are not part of the meaningful vote process. It is not our job to manipulate the way they organise their business on an issue that we have nothing to do with.

It grieves me that we cannot do our proper scrutiny. There is a breakdown of trust because the Government say that there will be time in the Commons on Monday to deal with this Bill. Any amendments sent down there can be amended and something in lieu can come back. Forget the idea that this is a sound deal. Trust has broken down; the prorogation guillotine is there; we have no choice. I therefore ask the noble Lord, Lord Forsyth, to withdraw his amendment.

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Oh my goodness. I have to say to the noble Lord, Lord Rooker, for whom I have great admiration, that I am struggling with that response because the words say that a letter should be sent by the Prime Minister requesting an extension in order not just to debate but to debate and pass a Bill. He has to send a letter saying he wants an extension because he is planning to pass a Bill to implement the May agreement, which has been rejected three times—the noble Lord, Lord Rooker, is absolutely right—and put in place the results of the discussions, on which I do not have information, other than what I have read in the newspapers. That is anticipating the decisions by the House of Commons.

My noble friend Lord Cormack said that he supported the May deal and that there are many people who supported the May deal, but the May deal was rejected by the biggest vote ever in the other place. The noble Lord, Lord Brooke, made a very good point about the political agreement and having discussions. He may be right in his criticism that not enough has been done to take that part of the thing forward. Taking out this defective part of the Bill does not prevent discussions taking place.

My noble friend Lord Hamilton made a crucial point that if this provision is deficient—and everybody agrees that it is deficient—what is this House for if not to deal with those matters? The noble Lord, Lord Rooker, said there is a matter of trust. I am most grateful to my noble friend Lord Callanan for his honesty and transparency. We were under the impression that the deal agreed between the Front Benches would result in this matter being taken out—he has confirmed that—and we are now being told that it is not being taken out because the legal advice is that it would not fly anyway, so we put into the Bill something which is legally deficient; that is okay, and that is what this House has come to. We do that because we do not believe that the Government will be as good as their word when the people who were on the other side of the agreement have not been as good as their word. I hope that the Government are rather better than that. We have a duty to pass legislation which is proper. I am not a lawyer, but the noble Lord, Lord Marks, told us that it would have no legal effect whatever, and my noble and learned friend Lord Mackay of Clashfern—not Drumlean —gave us the opposite advice, so it would appear that there is at least some doubt about whether it would have legal effect.

My noble and learned friend Lord Mackay said it was not meaningless and the noble Lord, Lord Marks, said he agreed that—I hope I am not pushing too far here—it should not be there but because it is meaningless, it could stay there. The noble Lord, Lord Jones, told us that the entire country is sick to death of all of us. On that, I am sure we can all agree.

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I am going to ask the noble Lord this question because he has questioned the comments that have been made about trust. In that context, does he want to comment on what the Prime Minister said this morning, which was that he will not seek an extension even if it is passed in law? Does that change his view on whether a question of trust is at play here?

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No, it does not change my view. What the Prime Minister says he will or will not do has nothing whatever to do with what the law of the land is.

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What he says he will do has nothing whatever to do with the law of the land as decided by both Houses of Parliament. I would expect every single parliamentarian to obey the law of the land. In passing the law, there is a responsibility on us to ensure absolute clarity about what it means and what it does. The noble and learned Lord’s party was not prepared to vote for this matter. It was going to abstain on it, and it was put into the Bill because Tellers were not appointed by the amateurs at the other end who had taken control of the agenda. For this House, and in particular for the noble and learned Lord with his vast experience, to suggest that we should leave it in while making that point makes my argument for me.

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In response to the noble and learned Lord, Lord Goldsmith, yesterday the Minister—the noble Lord, Lord Callanan—gave an assurance that the Government would fully comply with this Bill once it became an Act. Not only would it get Royal Assent but the Government would comply with it. However, almost simultaneously the Prime Minister said that he would be dead in a ditch before he would request an extension. Does the noble Lord, Lord Forsyth, think that we should rely on the Minister’s assurance on behalf of the Government while the Prime Minister says something completely different? Does that not undermine trust not only in the Prime Minister but in the assurance that we got from the Minister yesterday?

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I am so tired of this political argy-bargy.

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If the Prime Minister is dead in a ditch, he is not the Government, and at this stage in considering these proceedings we are talking about ensuring that we have clear and effective law. That is why I tabled this amendment. My noble friend Lord Callanan did not really give me a satisfactory answer, although I appreciated the answer in which he said that the Government had decided that they would not after all take out this measure because they had received advice that it would not have any effect—advice that is contrary to what we have heard from perhaps our most distinguished former Lord Chancellor. Therefore, I am sorry but I do not wish my name to be associated with defective legislation passed by this House and I intend to test the opinion of the House.

Division 1

6 September 2019

Division on Amendment 1

Content: 47
Not Content: 268

Amendment 1 disagreed.

View Details

Clause 5: Interpretation, commencement, extent and short title

Amendment 2

Moved by

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2: Clause 5, page 3, line 39, leave out subsection (5) and insert—

“(5) This section comes into force on the day on which this Act is passed.(5A) All other provisions of this Act come into force on such date as the Secretary of State may appoint by regulations made by statutory instrument, following the first general election to take place in 2019.”

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My Lords, I start by saying that when an agreement is reached by the usual channels, in my view that is an agreement which must hold. Not only was an agreement made in the usual channels but, in the course of that, I gave personal assurances that no effort would be made to delay the progress of this Bill. I stand by that assurance. I did not take any part yesterday. I hope this will not be made an occasion for prolonged debate; the debate we just had took no more than three-quarters of an hour. It is up to Members of the House whether they are interested in the remarks I am about to make, but I hope that this will not be the occasion of a very prolonged debate. Without being discourteous to any Member of your Lordships’ House, if it appears that it is tending in that direction, I will rise—or support the noble Lord, Lord Rooker, if he rises—to attempt to bring the debate to a close without any need for the repugnant nonsense of the closure Motions used on Wednesday.

I wish to bring one point of principle to this House and ask the House to determine the matter publicly. I shall be pressing this amendment to a Division in which each and every Member of this House will have to declare publicly their position on the simple proposition that I put before them, which is that the Bill, which will be an Act when it passes from this House and goes to the other place, should not come into force until the British people have had a chance to decide the matter in a general election.

Yesterday there was talk that the Labour Party might accept a general election and now there is not. I am not particularly concerned about who said what when. I agree with all those who say that somehow we need to bring a conclusion to this matter. In the history of our great democracy, in the times of greatest crisis and doubt, that has been done, is done and—please God—always will be done by recourse to the people of this country to ask them to decide the matter in a general election—yes, in a general election, not in some second referendum, a first referendum or a third or a fourth cooked up by a majority of the time with the power to decide the question.

Let the people decide who governs. There is plenty of time if the parties stick to the opinions we heard and as the leader of the Opposition has been saying all around the country, and as the leader of the Scottish nationalists and the leader of my party have been saying: we want an election. As we all know, there is plenty of time to have an election in October to allow the British people to choose parties that will either pursue the course set out in this Act—which would lie on the statute book and could be implemented by a new Secretary of State one minute after the formation of a Government—or a Government who wish to take this country out of the European Union, as the public have been promised, on 31 October. A general election will enable the people of this country to make that choice, not some cabal in the House of Commons.

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Over the years that the noble Lord has been a Member of the House, he has regularly lectured it about its role in relation to the other place. Does he really think that this amendment, at this time, is at all appropriate for a revising Chamber?

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My Lords, I absolutely do. There is no purpose in this House if it is not to enable at some point the rights of the people to be sustained. Indeed, the one deliberate and absolute power of this House is that it can prevent the House of Commons extending itself indefinitely. We can require a general election after five years; we cannot in this case. That is an absolute power of this House under legislation. I am making a submission to and through this House to all the parties, and to people on both sides who support them, that this matter should be decided by a general election, not by House of Cards shenanigans on one side or the other—if you ask me, both sides are as bad as each other—as they try to do chess moves one against the other. I totally agree with what was said by the noble Lord, Lord Jones: it is doing nothing to advance the credibility of politics.

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I am most grateful to the noble Lord for giving way, because I am examining his amendment, the last phrase of which is,

“following the first general election to take place in 2019”.

If no such general election takes place, what is the effect of his amendment?

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The effect of the amendment is that the Act will not come into place until a general election has taken place. I have been advised by—

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Forgive me if I did not make myself sufficiently clear. If there is no general election in 2019, how can the amendment have any statutory effect?

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The noble Lord has just voted for an amendment that we have been told has no statutory effect, so now he can vote against one that he says has no statutory effect. He can have it both ways.

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But surely what it means is that if there is no general election in 2019, the Bill will never come into effect.

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I would cheerfully welcome that outcome, my Lords.

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But the matter is much simpler, and those outside this House will understand where we are.

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I thank my noble friend for giving way, and in asking this question I remind him of the last time that a Government went to “let the people decide”. It was in 1974—which is an interesting parallel that he might not wish to follow. I will ask about the wording, in the opposite direction to the question of the noble Lord, Lord Campbell. The amendment refers to the “first general election” of 2019. Are we expecting to have more than one in 2019?

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My Lords, the words are as tabled and the House has any opportunity—it can use whatever excuse and whatever thing it wants to say—to vote down this amendment. I was advised by the clerks on the wording of the amendment and its purpose—

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My Lords, there are more interruptions—

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Notwithstanding what my noble friend and others have said about the amendment not making sense, the noble Lord’s argument is all based on the supposition that a general election can be held before 17 October, when there is a European Council. I am always interested to hear what the noble Lord says, because he has great expertise in these areas, but the Independent today reports that, if the Prime Minister loses the vote on Monday and does not achieve a general election on 15 October, he is going to resign his position. Would the noble Lord give us his expertise on how the provision in the Bill telling the Prime Minister to write a letter will apply if we no longer have a Prime Minister?

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Like my noble friend Lord Forsyth on a previous amendment, I am not going to pursue the ifs, buts, whys and whats that we have in every newspaper of this country. I return to the fundamental point of principle. Noble Lords can say that they are voting against the amendment because it is defective for one reason or another, but the purpose of this debate, and of trying to put this amendment down, is crystal clear. It is so that under the Bill the decision to foreclose the United Kingdom leaving the European Union on 31 October should not be taken without the sanction of the people.

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Perhaps it would assist the House if one could point out that there has been a general election since the referendum. The Bill is about rejecting no deal, and at the general election in 2017, 53.2% voted for parties that opposed no deal—17.1 million people—and only 14.4 million people, 45.1% of the electorate, voted for the Conservatives, the DUP or UKIP, which would sanction no deal. So the people spoke then, and in the 2019 EU election 44.4% voted for the Brexit or Conservative parties while 54.4% voted for parties that were opposed to no deal, which is what the Bill is about.

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Then the noble Baroness should be very confident about supporting my amendment and voting for a general election.

When I spoke after the disgraceful closure of debate on the amendment of the noble Baroness, Lady Deech, I said that we were now in a situation—the public and the world know this—where the Government were not in control of matters relating to Brexit. Power on those matters rests with a majority in the House of Commons. That majority is served—perhaps driven—by a group of people, some of whose names appeared on the back of the Commons print of the Bill, who are taking decisions, thinking up clever wheezes and have now put forward legislation designed to frustrate the will of the people and an Act passed by this very Parliament that states that we should leave on 31 October.

Who are these people? We know who the members of the Cabinet are. We know who the Cabinet Secretary is. We know who gives the legal advice to the Cabinet. We know the civil servants involved. But who are the people who meet and seek to decide the destiny of this country in relation to legislation on Brexit? Who are those behind this Bill and behind the strategy of the remainer group in this country? Where are their names? They must be accountable in the same way as the Cabinet.

I return to the fundamental point—

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How much more accountable can you be than putting your name to a Bill?

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If the noble Baroness is telling me that those six people are now the new governing group driving remainer policy, that is very interesting—but I rather suspect that others are involved. There may be one or two of them in this House, and I think we should know their names.

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Perhaps I may ask my noble friend one simple question. Why did he leave out of the list of those who run the country Mr Dominic Cummings?

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My Lords, yet again, my noble friend, despite his distinguished Oxford degree, clearly was not listening. I was referring to those driving the policy of the remainer faction—and the public outside know this to be true—and seizing control of the conduct of our affairs without a general election.

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Will my noble friend stop using the term “remainer faction”? He can use “no-deal faction” if he wishes, but the vast majority of people who voted in the House of Commons the other day, all of whose names are publicly listed, did so because they wanted to save this country from going over a precipice. Why should he take it upon himself—this was the point made by the noble Lord, Lord Hunt—to urge this House, which has no validity in these matters, to seek to effectively bring to an end a Parliament that still has almost three years to run? If the Prime Minister is able to persuade the House of Commons to have a general election, I would personally welcome it, but it is really no business of this House to interfere in that.

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My Lords, when I see a political faction, I see a political faction and I will name it—and I name it the remainer faction. I will conclude by saying this—

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Hurrah!

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I would have liked to conclude some time ago, but I have courteously tried to take many interventions. How many more times are the long-suffering people of this country going to be asked to take another delay to what they voted for? Whatever may have happened then or since, on 29 March, they were told that there must be a delay. Now, with this Bill, they are told that 31 October is not enough time and there must be another delay to 31 January 2020. When it comes up to 31 January, how many times will we be told that there has to be another delay? How many times are the long-suffering people of this country going to be asked for delay after delay by those who quite patently want only one thing?

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My Lords—

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My Lords, I will not give way. I have given way many times. There is a custom creeping into this House, which is becoming more and more like the House of Commons, of constant interruptions and interventions. I have courteously taken a large number of interventions and I wish to conclude my remarks.

I repeat what I said: how many more times must the British people be asked to take a delay? How many more times must they tolerate those who wish to change the policy which Parliament has agreed and the vote that Parliament made, enacted on the statute book, that this country should leave the European Union on 31 October? How much more must they take from those who want this country to remain and want this to stop? There will be a limit to the tolerance of many in this country and I beseech those involved to allow the cleansing balm of a general election so that everyone, whatever their views, can put their case to the people. It is the only way in which this matter will be resolved. I would accept the result of any general election wholeheartedly, as I have all through my political career. I have had to accept general election results that were repugnant to me; that is the essence of our democracy.

Even if this idea is defective—I do not accept that it is—I beg noble Lords to give it some houseroom. Whatever arguments may be made about this amendment, I will press it. All those in this House who do not want to allow the British people what they voted for, and who agree with those in the House of Commons who wish to resist a general election, should march through the Lobby and let their names be counted in the face of history.

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My Lords, it may help the House if we are able to curtail this fairly quickly. The noble Lord said at the beginning of the debate that he was going to press the amendment, so we cannot persuade him to withdraw it, which is what we usually try to do. I will make a few comments, then my noble friend Lord Rooker can respond and we can move on.

On the will of the people, there are two ways of doing it: a general election and a second referendum, which the noble Lord has not supported. I will say two things about the amendment, which is close to being a wrecking amendment. In the first minute of his speech, the noble Lord said that it gives an incoming Government the ability to scrap the Act by statutory instrument—which this House, by tradition, never opposes—allowing a Secretary of State to tear it up without the permission of Parliament. This cannot be the right way to treat an Act. The second issue is even more serious and has already been raised. If there is no general election, the whole Bill does not come into force. This seems to be a completely wrecking amendment and I urge noble Lords to oppose it.

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My Lords, I spent 27 years in the other place, so I know a little bit about the problems that Members have with the Table Office there. I can absolutely guarantee that this amendment would not be allowed in the House of Commons, because it is a textbook wrecking amendment. I do not propose to say anything else.

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My Lords, I have stated my case clearly and I now put it to the House. I beg to move.

Division 2

6 September 2019

Division on Amendment 2

Content: 28
Not Content: 283

Amendment 2 disagreed.

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My Lords, the House will now adjourn to allow amendments to be tabled for Third Reading. The Public Bill Office will be open to receive amendments for the next 30 minutes. The House will then resume as soon after that as possible and timings will be displayed on the annunciator.

Sitting suspended.