My Lords, I rise to support Amendment 151, courtesy of my noble friend Lord Adonis, who is moving the next amendment. Amendment 151, in a word, is about sovereignty. That word is much used, much abused, perhaps overused, but anyone who lacks the feeling that the sovereignty of Parliament is in doubt need only, I fear, reread the first section of the Minister’s response at the end of the previous group of amendments. We are not speaking about the theory of sovereignty, abstract sovereignty, sovereignty as a slogan on the side of a bus, it is what the noble Lord, Lord Campbell, referred to earlier as the practical application of sovereignty. That is what is supposed to be at the root of this whole debate.
When I spoke in the debate on the Bill’s Second Reading, I said that it was the responsibility of this House to make absolutely sure that the other House in particular—the elected House—had the ability not just to accept or reject but to shape, to mould, to compromise, to send back, because it is in that House, above all, that sovereignty lies. This amendment underlines that sentiment, as it seeks to ensure that the meaningful vote that was voted into this Bill by the other House comes to Parliament in a meaningful timeframe.
It is worth reminding ourselves why the amendment proposed by Dominic Grieve and accepted by the other House—Amendment 7—was so important. Whatever the Minister may now believe, Clause 9 of this Bill contains the power needed for Ministers to
implement the withdrawal agreement. However, the Government had originally sought sweeping and virtually untrammelled powers to implement whatever they thought “appropriate”, with no substantive reference back to Parliament, no real further scrutiny in either House and without the consent of legislators. The Minister will forgive us if we are sceptics whenever we are assured that the sovereignty of Parliament is respected by the Government. The track record does not suggest that to be the case, especially when a citizen had to go to the High Court in order to impose or reassert the sovereignty of Parliament.
As noble Lords are aware, the Government failed to convince MPs that carte blanche should be given to them in this way, and the Government were defeated on the amendment referred to by the noble Lord, Lord Cormack, which proposed that the powers in Clause 9 could be exercised only,
“subject to the prior enactment of a statute by Parliament approving the final terms of withdrawal of the United Kingdom from the European Union”.
That amendment—known as Amendment 7 in the House of Commons—was passed and is now part of the Bill. That process started outside Parliament through the courts in order to reassert the primacy of parliamentary sovereignty. It means that the Government have to give both Houses of Parliament a legislative opportunity to vote on the final deal. For the purposes of my argument, I will refer to this as the Amendment 7 statute.
Let us remember the Government’s response to the defeat in the Commons. We now know that Ministers were hugely disappointed that this change was ever made. The Prime Minister and the Secretary of State for Exiting the EU maintain now that they will place a Motion before the Commons to gain in-principle approval for any deal reached. We do not know what options—if any—such a Motion would contain or when it would be brought to Parliament. We know that it would be a Motion only, with no statutory effect.
In a Written Statement on 13 December—the day Mr Grieve’s amendment was being debated—the Government stated that they would also bring forward a withdrawal and implementation Bill to implement “the major policies” of the withdrawal agreement. But again, we do not know when that Bill will be brought to Parliament. I hope that such a Bill will fulfil the requirements of the Amendment 7 statute fully and that the Government do not offer instead a rushed, after-the-fact rubber-stamp exercise.