My Lords, like the noble and learned Lord, Lord Falconer, I am grateful for the opportunity to speak in this debate after an apparent mishap or two with the speakers list.
I have two general points to make. The first is about the nature of the Bill. I agree with the noble Baroness the Leader of the Opposition who, at the start of the debate, made the point that the Bill is poorly named, which is perhaps why it has attracted measures of criticism and mischief elsewhere for what is largely a technical Bill which does not deserve that kind of treatment. I would have called it the “Transposition and Rehabilitation of Legislation Bill”—that might be suitably dull and boring to head off some of the worst troublemakers. It is a technical Bill, and I suggest that it would be quite wrong for this House to treat it either as a proxy for the battle over our departure terms from the EU or even for whether we should depart at all.
Departure from the European Union was given effect by the invoking of Article 50 last March, approved by Parliament. That followed a referendum, also approved by Parliament; and afterwards, all parties undertook to support the result. Much is read into what the electorate might have meant by their vote, but the question they were asked was not, “Shall we leave if we cannot get a good deal?”, or, “Shall we remain unless we can stay in the single market?”. The question was simple and unqualified: “Leave or remain?”. And the electorate chose to leave.
Despite an aversion to many aspects of the European Union, I had voted remain on economic grounds. But once the electorate delivered the verdict that we, in our wisdom, had devolved to them, I took the view that I am glad to hear reflected elsewhere in the House today—that we must accept it and implement it, with the best deal we can achieve. In that context, I particularly welcome what my noble friend Lord Bridges of Headley said—that the negotiations need to be got a grip of, and a clear way forward mapped out, as soon as possible.
This Bill—complex in nature, constitutionally important and administratively essential—is a consequence of the referendum decision. I support it, not as the trigger for our departure, nor to affect future relationships with Europe, but simply to sort out the legislative consequences of departing, to protect the rule of law in this country, and to seek legal certainty and continuity from the moment we leave the European Union by bringing home all the legislative measures that have accumulated there over 46 years. Without it, there would be chaos.
My second point concerns the drafting of the Bill and its implications for the balance of power between Parliament and the Executive. The Constitution Committee has—uniquely, I believe—produced no fewer than three reports on the Bill. The first—over a year ago, when I had the honour to chair the committee—was produced before the Bill had even been published, such was our concern about what its terms might be. The latter two were under the admirable chairmanship of my successor, the noble Baroness, Lady Taylor of Bolton. The latest report, published yesterday, has been forced to conclude that the Bill is “fundamentally flawed” in multiple ways. If that is so, we are clearly right to be concerned, and to remain so.
Now is not the time for detail, but we recognised at the outset that—unavoidably, given the scope, scale and complexity of the task—the Government would need additional delegated powers over secondary legislation. We also listed a broad range of protective constraints that would be vital to balance these. Some have been secured, but the noble Baroness, Lady Taylor, has listed an impressive list of what still needs to be done. I continue to support her approach and that of her committee on this important matter.
On the devolution issues, some of which were debated in the House last week, I hope the Government will listen very closely to what the noble and learned Lord, Lord Hope of Craighead, said. His analysis, surely, cannot be bettered. Essential though it is that the Bill passes into law, I conclude that, should it be used also as a means for the Executive to gain permanent new legislative powers at the expense of Parliament, that would be a dire price to pay, in the long run, for the sake of restoring what one may soon be able fondly to refer to once more as “the law of the land”.
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