European Union Bill

Absolutely, at any time; I am very happy to do so. It is mischievous tomfoolery of the worst kind to waste Parliament’s time with an unnecessary, foolish Bill, except that it is trying to do just what we cannot accept: bind a successor Parliament, as other noble Lords have said. Suppose that a nervous and weak future Government accepted a referendum on a small change in treaty powers because of a press campaign. As Professor Bogdanor suggested in his evidence to the Commons European Scrutiny Committee, there might be a turnout of, say, 26 per cent, with 13.5 per cent voting against and 12.5 per cent voting for. What should the Government do? That is what would happen with this nonsense. Of course, the whole pantomime could be made advisory only, as in 1975, at least for the Parliament, if not for the then Government. It is worth remembering that the ““referendum lock”” proposal enables a Government to reject a new so-called transfer of power treaty change, or presumably major passerelles, but it does not automatically give the public or Parliament the right to vote on it. Then we have judicial review to complicate and delay the whole process. Hence, the lock could even stop other Governments from adopting a treaty change, which is an amazing thought. We therefore have to look searchingly and meticulously at this very strange Bill. If we can use the phrase ““the upper House”” in the modern era, this House is ideally suited to this process; the other place is not. I submit that a passerelle is a gangway or a footbridge; it is neutral and level, most the time. It is not a ratchet, which is the wrong word that the Government foolishly chose. The British Government wholeheartedly supported QMV procedures for the single market. That was a very good example to build on. The other member states thought that we would follow it in other fields, as they intended to. We need to look very searchingly, particularly at Clauses 3 to 7 and the rest of the paraphernalia in this difficult and complicated Bill. I am sure that the whole House is grateful for the timely and extremely critical report of the Constitution Committee, which is damning in its criticisms, although couched in its characteristically polite language. As the Bill attacks existing EU legislation anyway, it may well be repealed as it is incompatible with our existing treaty duties, including under the Lisbon treaty itself. This is also why Liberal Democrats above all have a duty of care in this grave matter tonight and in the later stages of the Bill. I amplify what the noble Lord, Lord Kerr, said about the noble Lord, Lord Wallace. Not being Scottish, I cannot share the same emotion, but I, too, am a great admirer of my noble friend Lord Wallace of Saltaire. He is armed with another high moral purpose, duty and tradition as a resident of the very houses of Sir Titus Salt in Saltaire. I think his house is in George Street, which was named after Sir Titus’s son. That great creator of the model village, the mill, the workers and the welfare system had a high moral purpose and my noble friend too has a duty to try to deal with this Bill sensibly, bearing in mind the damage that has been done, unwittingly and accidentally, I submit, in the coalition agreement. The Guardian leader of 7 December stated: "““so many ministers know their bill is nonsense. Coalitions involve compromises, but it is a shameful moment to see Britain's most pro-European party””—" the Liberal Democrats— "““and pro-European Tories such as Kenneth Clarke, trooping into the lobbies tonight in support of such a foolish, feckless and futile Bill””."