My Lords, many speakers will attend to the technical and legal details of the Bill and they will be better equipped to do so than I am. I therefore want to use my time to pay attention to a question that lies behind the nature of the Bill and the choices that we are required to make in scrutinising and attempting to improve it. This question applies to all sides of the argument, whether we think that leaving the European Union is an unmitigated disaster or the best thing since Winston Churchill mobilised the English language and sent it into battle.
The question goes beyond economics and trade deals. It haunts constitutional matters and refuses to be submerged by ideologically driven assertions that promise what cannot be promised and ridicule arguments that are inconvenient. Brexit has unleashed the normalisation of lies and rendered too easily acceptable the demonising of people who, with integrity and intelligence, venture to hold a contrary view. We are in danger of securing an economic platform at the expense of a culture of respect and intelligent democratic argument.
The question that I allude to is simply this: at the end of this process, what sort of Britain, or indeed Europe, do we want to inhabit? I accept that this is almost an existential question, even a challenge, but, as we debate the legislative detail, we must not lose sight of the point of it all. Existential questions cannot be determined by statute, but the shape of statute speaks loudly of what we think our society should be for, and for whom. This is why debate about the discretionary powers of Ministers to make laws with equivalent force to primary legislation is of such importance. When such powers are so wide that this House is asked to leave to the judgment of Ministers the meaning of such terms as “appropriate”, it is only right to ask for definition. After all, history is riddled with the unintended consequences of what might be termed “enabling legislation”.
Let us be honest, though: Brexit is technically so demanding and complex that, if I were Prime Minister, I would want the authority to deal flexibly with anomalies and technical weaknesses as quickly and smoothly as possible as the consequences of Brexit became known. I understand the technical element of this, but the Bill goes beyond legislative technicalities and impacts strongly on constitutional arrangements and the balance of power. Surely, if “taking back control” by Parliament is to mean anything, it must mean refraining from bypassing the essential scrutiny that Parliament is privileged and required to provide. Hard parliamentary scrutiny might be inconvenient at times, but the long-term consequences of granting Ministers unprecedented powers, as set out in the Bill, must be considered, as
they will shape the deeper culture of our state and change our assumptions about democracy. This suggests that, although any sane person will recognise the Government’s need to have significant powers to ensure that process and legal certainty post Brexit are as smooth as possible, there must be limits to the use of such powers. As a colleague of mine put it succinctly and colourfully, we must avoid Brexit Britain turning into Tudor Britain. Clearly there is a balance to be struck, but I do not believe that the Bill as currently formulated achieves that balance, nor does it demonstrate that the genuine fears of constitutional experts and lawyers have been properly heard.
I have two concerns about the culture in which this debate is being conducted in this country—seen with incredulity by those looking at us from beyond these islands. First, almost every paper, every debate and every statement about Brexit is clothed in purely economic terms. It is almost as if the economy were everything and economics the only good. Yet, the economy—one might add the word “trade”—is not an end in itself, but rather a means to an end, which is human flourishing and the common good. The economy—trade—exists for the building of society, but society is more than the economy. It is simply not enough for us uncritically to assume that a market society, as opposed to a social market, is a given or an ultimate good. Culture is more than money and things.
Secondly, the referendum tore off the veneer of civilised discourse in this country and unleashed—perhaps gave permission for—an undisguised language of suspicion, denigration, hatred and vilification. To be a leaver is to be narrow-mindedly stupid; to be a remainer is to be a traitor. Our media—and not just the ill-disciplined bear pit of social media—have not helped in challenging this appalling rhetoric or the easy acceptance of such destructive language.
Beneath this lurks an uncomfortable charge articulated in a recent Carnegie report on tensions between Russia and the West by the deputy director of the Russian Institute for Political and Military Analysis in Moscow: if Russians would still die for the motherland, what would we die for in the West? As Martin Luther King suggested, if we do not know what we would die for, we have no idea what we would live for. Once we have done Brexit, then what? What was it for? Who do we think we are?
If this debate on Britain’s future is to have any lasting value and not just undermine long-term relationships of respect and trust—the civic public discourse—then attention must be paid to the corruption of this public discourse. Politicians could begin by moderating their language and engaging in intelligent, informed and respectful argument that chooses to eschew personalised or generalised vindictiveness or violence. We must not allow our body politic to be defined by Brexit; rather, we will need to transcend the divisions currently being forced by the terms of discussion. Peers have an opportunity to model good ways of disagreeing well, which might encourage others to see that there is an alternative to a political culture that appears sometimes to have been reduced to an unbridled tribalism where the first casualty is too often the
dignity of the other. Please let us not lose sight of the deeper question that lies behind the technical detail of this Bill.
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