European Union (Withdrawal) Bill - Report (4th Day)

Part of the debate – in the House of Lords at 5:15 pm on 30 April 2018.

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Photo of Lord Butler of Brockwell Lord Butler of Brockwell Crossbench 5:15, 30 April 2018

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—