European Union (Withdrawal) Bill — House of Lords, 2018-01-31
Topic: International Affairs
William Fletcher-Vane (Conservative, Centre-right): My Lords, unlike the noble Baroness, Lady Deech, who I am delighted to follow, I will be general with my comments, although I hope that my arguments will be focused Now that Article 50 has been served in response to the outcome of the referendum, we are thereby tearing up our agreement with the other EU member states. As a result, both sides are looking beyond Brexit—through exit, to the world beyond. Naturally, everyone is trying to secure advantage for themselves. No matter what we do next, be it wise or foolish, it is always better to try to do things sensibly. I entirely agree with those who argue that the right starting point is to aim to parachute the acquis into the post-Brexit UK legal system—into which it will morph—and that that has to be done seamlessly but at the same time entirely in line with our constitutional settlement and traditions. It sounds easy, but it is not, as the Select Committee on the Constitution so helpfully pointed out in its serious strictures about the Bill. Parliament must handle these matters in accordance with the customary democratic practices of this country. There is simply no scope for exceptions. I do not want to comment further in any detail at this stage; much has already been said, and a great deal more will be, in Committee and on Report and I will be inclined to support a number of amendments We all know this is happening in the midst of political turmoil. In a more aggressive age or country, I dare say there might be civil war or violence on the streets. Society is split down the middle. When all this is over, the nation will need to coalesce again. In the meantime, there are real worries among all categories of opinion. It seems to me that the manner of the future of the conduct of public business may be of equal importance as its substance, because the eventual outcome must be seen as legitimate, not least by those who disagree with its merits. Rules of procedure, which sometimes seem—and in reality often are—pedantic and dull, are put in place not least to protect the weak and minorities. If they are ignored or rolled over roughshod, longer term discontent is embedded, to the disadvantage of these groups. Ironically, it only occurred to me during this debate, because it was a point made by others, that if the European Communities Act is a kind of Henry VIII clause writ large, then so, perhaps, is the referendum Act. In both cases, Parliament remains the guardian of the constitution, the process and its outcomes One of the characteristics of the referendum on whether we should leave the European Union was that it was a binary choice. Leaving the EU may be a binary choice, but the consequential negotiation of a deep and special relationship is not. The two are intimately and irrevocably connected despite being clearly distinct. At the time of the referendum, advocates of leaving were—and still are—irreconcilably divided about what comes next. It seems to me that what happens next is, by any constitutional analysis, a matter for a sovereign Parliament, which must not loosen its control over how things may develop. I have no idea at all what will happen, but I suspect that anybody who says they do is deluding themselves or trying to delude others As I said, Parliament is sovereign in this country. It must impose its control over the politics of what happens next; it must be unshackled in doing so and be allowed and enabled to decide how matters move forward in whatever way it deems best at the time those decisions must be taken. That seems to be the only acceptable and meaningful effect of the words "meaningful vote". That, however you look at it, is called taking back control.