My Lords, whatever one’s views on the merits of the Bill—I shall come to those in a moment—I hope we can agree on one point, which is that, as a parliamentary occasion, this has certain “Alice in Wonderland” characteristics. I just remind Members of the origins of this Private Member’s Bill, which were as follows. At each stage I feel we probably need another chapter of Erskine May.
First, it was a Bill that the Prime Minister wanted to include in the Queen’s Speech but felt that he did not have the parliamentary strength to do so. Normally, if Prime Ministers—certainly Prime Ministers I have known and, I dare say, most other people—want a Bill in the Queen’s Speech, they tend to get that Bill in the Queen’s Speech. They have various mechanisms that they can deploy to achieve this. However, of course it did not go into the Queen’s Speech because the Minister
in charge of constitutional affairs—heaven help us—who is the Deputy Prime Minister, decided that it should not be in the Queen’s Speech because he was opposed to legislating for an “in or out” referendum on our membership of the European Union. He is also, of course, the only party leader who fought the previous election on a manifesto commitment to do that. So the strangeness develops as we go along this journey.
We then have what I can only describe as a slightly humiliating process whereby the Prime Minister keeps all his fingers crossed that one Back-Bencher will be successful in the private Members’ ballot and he can persuade that Back-Bencher to introduce the Bill that he himself could not introduce. It then gets stranger. As the Bill proceeds through the House of Commons, a heavy three-line Whip is imposed on the Conservative Party to vote in favour of the Bill.
If I were being generous I would say, “I’m sympathetic to the Prime Minister because it’s a coalition—we’re in a funny old game at the moment—and maybe he can be excused for this”. But of course the truth is that he has been hoist with his own petard, because what should normally happen in a situation like this is that the Prime Minister should say, “I can’t do what I think is in the national interest to do. Therefore I will call a general election and see whether the public agree with me or not”. That option has, however, been removed by one part of the constitutional vandalism of this Government, which is that they passed the Fixed-term Parliaments Act. The noble Lord, Lord Armstrong, said at Second Reading—he can reread that speech with pleasure—that the problem with that is that it puts Prime Ministers and Governments into a straitjacket. That, of course, is where we see ourselves today. So those characteristics make this situation very unusual if not unique.
As for the principle of a referendum, I have no problem whatever with the principle of an “in or out” referendum on our membership of the European Union. I would be surprised if there were many people in my dear old party who have an objection in principle to that. It was, after all, a Labour Government who introduced what at that time was a brand-new constitutional device: in 1975 we introduced a Bill on which many of us voted, one way or another, and we had our first ever referendum. That is the correct thing to do for a matter of constitutional significance of this kind. For accuracy, I should record that I voted no in that referendum, and I may say that I have never been persuaded subsequently that I made a colossal error of judgment. Indeed, at the very least, had the public followed the same direction as I did, we would be able to be home today instead of debating this Bill.
So I do not have any problem with the principle whatever. However, I do have a great problem—this was the constitutional point that the noble Lord, Lord Turnbull, made—with the notion of this Parliament telling the next Parliament what to do. That point is fundamental, and it is particularly so. We have heard several people ask, “What does this House of Lords got to do with telling that House of Commons whether it should or should not go ahead with a piece of legislation?”. My answer is that this House of Commons should not be telling the next House of Commons
what it should be doing. That is particularly true as we are nearly in the fifth year of this Parliament—we come back to that wretched Fixed-term Parliaments Act again—so many people down the other end will either not be standing at the next election or, please God, a few of them on the government Benches will not be back and will be spending more time with their families.
So that is where we are in respect of one Parliament trying to bounce the next. That is my answer to all those who say—and several speakers have said it—that the right thing to do is to put this to the people and that that is the democratic thing to do. It is not democratic for a Parliament elected in 2010, in what is nearly its fag-end year, to tell a Parliament that will be elected in 2015 what it should do in 2017. That is a matter for that Parliament to decide, not this one. We should have no concern, anxiety or sense of embarrassment about saying that this is something on which we should cave in to the Commons.
In particular—I will make this very brief procedural point—it really would contort our procedures in this House to get this Bill back to the House of Commons by 28 February, which is what the procedures would require us to do. We have to have gaps between Second Reading and Committee, between Committee and Report and between Report and Third Reading, and if there are any amendments, they will all have to be dealt with by 28 February. You would never do that with a constitutional Bill, or with a Bill with constitutional implications of this sort.
I conclude by saying that I am not opposed to a referendum in principle at all, but we should look in the history books. The right way to do this is the way in which the dear old Labour Party did it in 1974. It fought a general election with a commitment to a referendum in its manifesto and it carried out its manifesto commitment. If that is what the Labour Party decides, then it will be in the Labour Party manifesto. That is the procedure that the Conservative Party, I respectfully suggest, ought to adopt. That should be enough. That is the correct way to proceed, not the way that is being recommended by the Bill.
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