My Lords, one thing on which we are all agreed is that this is a hugely important and necessary Bill if we are to avoid any kind of legal cliff edge. For me, it possesses a very important characteristic that is sadly all too rare in most of the legislation that comes before this House. The test that it passes is that, for all its complexity and weaknesses, it is crystal clear in its central purpose and objective. It is designed to ensure that this Parliament, of which we are privileged to be Members, will restore to itself the full authority to make the laws which the British public are obliged to observe. If the people do not like the laws passed by MPs, then they can remove them in a general election. That is at the heart of our parliamentary system: a Government accountable to the people through a directly elected House of Commons. For me, the sovereignty of Parliament is a golden principle which was severely compromised by the European Communities Act and about which we have been careless for far too long.
Surprisingly, I found myself agreeing very much with the noble Lord, Lord Beith, in his view that parliamentary sovereignty in the passage of this legislation towards our exiting is very important indeed. I welcome the many people who are expressing the need to see that that is involved in all stages of the process. I have to say that it is some contrast to the fact that many of these people are strong supporters of the European Communities Act, which was about removing or diminishing parliamentary sovereignty in this country. I welcome this Bill, which removes legislative powers from the EU institutions, where Bills are passed by people over whom we have little control and who we cannot remove, and brings them back to the British Parliament which is democratically accountable to the British people. As they say these days, “What’s not to like about that?”
There are many who say, and I have heard it many times, that the Bill is restoring powers not to Parliament but to Ministers, and I agree with much of that. There will be important discussions on Henry VIII powers and various forms of delegated legislation and the like, but what I find weak about the power grab argument is that it implies that Parliament—the House of Commons—is powerless in respect of Ministers.
Ministers are answerable day in, day out to MPs. Ministers’ reputations, often their careers, are made and broken in Parliament. Most important of all, if the House of Commons does not like the way that Ministers are running the country, it can defeat them all in a vote of no confidence in the Government and let the people decide, as happened in 1979. I know because, like many other noble Lords, I was there.
The Bill arrives in our House as part of a process which began with the referendum result and the 17.4 million people, a record poll, who voted to leave the EU. That falls off the tongue as a glib phrase, but we should reflect for a moment on the significance of that vote. Leave votes were cast despite advice coming from virtually everyone in authority—let us call them “the great and the good”—telling people to vote remain: the Tory Government, the Labour Opposition, virtually all the other political parties—the Liberal Democrats, the SNP, the Green Party and the Welsh nationalists—the captains of industry, trade union leaders, the universities, the IMF, the Bank of England and leaders of sundry countries throughout the world. Yet despite all this warning of the perils of voting leave, amazingly, astonishingly, the people said, “Thanks very much for your advice, which we usually dutifully follow, but this time no thanks”.
There is no polite or popular way for me to say this, but there is an elephant in this room. It is the colossal mismatch between the balance of opinion here, judging by the contributions in debates over the months, and the balance of opinion in the country at large. When I go home at weekends, people do not say, “I made a dreadful mistake, I voted leave”; they say, “Why aren’t you getting on with it?” Given that the most often quoted reason for leave voters voting the way they did was that they were not being listened to in Parliament, let us not confirm that impression, particularly not in an unelected House, by appearing to delay or, at worst, block Brexit. Above all, let us avoid saying to 17.4 million voters, as some speeches have seemed to, that we know what is good for them better than they know themselves.
Since the referendum we have had a general election in which nearly 85% of the electorate voted for parties committed to leaving the European Union. My party manifesto stated clearly:
“Labour accepts the referendum result”,
and:
“We will build a close co-operative future relationship with the EU, not as members but as partners”.
The Conservative manifesto stated:
“Following the historic referendum on 23rd June 2016, the United Kingdom is leaving the European Union”.
Parties which were most hostile to us leaving the EU, notably the Liberal Democrats, the SNP and the Greens, all lost vote share. The Liberal Democrats, who have been quite clear that they want the referendum result reversed, who voted against the implementation of Article 50 and who called for a second referendum to cancel out the first, saw their vote share drop from 7.9% to 7.4% or, to put it another way, the party which inaugurated its general election campaign by aiming and claiming to be the party of the 48% concluded its campaign as the party of the 7.4%.
In conclusion, our responsibility in respect of the Bill is clear. It is to examine the Bill in detail, as we always do; to ensure that it is fit for purpose; and in so doing, to respect the referendum, which we established in this House, and its result, which it is now our duty to implement.
4.10 pm