UK Parliament / Open data

European Union (Withdrawal) (No. 5) Bill

Committee of the Whole House (HL) and Debate on bills on Monday, 8 April 2019, in the House of Lords, led by Lord Robertson of Port Ellen. The answering member was Lord Callanan.
Lords committee stage. Clause 1 agreed to as amended. Clause 2 agreed to on division (280 votes to 46). Clause 3 agreed to. Bill reported with amendments (HL Bill 173).

About these Parliamentary proceedings

Reference

797 cc392-425 

Session

2017-19

Legislative stage

Committee stage

Chamber / Committee

House of Lords chamber
European Union (Withdrawal) (No. 5) Bill 2017-19
Tuesday, 2 April 2019
Bills
House of Commons
European Union (Withdrawal) (No. 5) Bill. Constitution Committee (HL) nineteenth report.
Thursday, 4 April 2019
Parliamentary committees
House of Lords
Delegated Powers and Regulatory Reform Committee fifty-first report.
Thursday, 4 April 2019
Parliamentary committees
House of Lords
European Union (Withdrawal) (No. 5) Bill. As amended in Committee.
Monday, 8 April 2019
Bills
House of Lords

Proceeding contributions

Lord Robertson of Port Ellen | 797 c393 (Link to this contribution)

Moved by

Lord Robertson of Port Ellen

Lord Robertson of Port Ellen | 797 c393 (Link to this contribution)

My Lords, on behalf of my noble friend Lord Rooker, who is not here today, and with his agreement...


Show all contributions (148)
Lord Robertson of Port Ellen | 797 c393 (Link to this contribution)

Moved by

Lord Robertson of Port Ellen

1: Clause 1, page 1, line 2, leave out “after t...

Lord Robertson of Port Ellen | 797 c393 (Link to this contribution)

My Lords, along with Amendment 1, I shall also speak to Amendments 2 and 3. As the Leader of the ...

Lord Robertson of Port Ellen | 797 c393 (Link to this contribution)

Moved by

Lord Robertson of Port Ellen

2: Clause 1, page 1, line 2, after “Assent” ins...

Baroness Neville-Rolfe | 797 c393 (Link to this contribution)

Moved by

Baroness Neville-Rolfe

4: Clause 1, page 1, line 10, after “date” insert “, ...

Baroness Neville-Rolfe | 797 cc393-5 (Link to this contribution)

My Lords, Amendment 4 seeks to insert a restriction on the date referred to in line 10:

“wh...

Lord Pannick | 797 c395 (Link to this contribution)

My Lords, I oppose the amendment. It would frustrate the very purpose of the Bill, which is to le...

Baroness Noakes | 797 c395 (Link to this contribution)

My Lords, I support my noble friend’s amendment for two reasons. First, this remains a wretched B...

Baroness Smith of Newnham | 797 c395 (Link to this contribution)

My Lords, there may be some flaws in the Bill—hence the support from these Benches for some of th...

Lord Forsyth of Drumlean | 797 c395 (Link to this contribution)

My Lords, noble Lords are saying that it is for the other place to set a date. My understanding i...

Lord Howarth of Newport | 797 c395 (Link to this contribution)

My Lords, we should be grateful to the noble Baroness, Lady Neville-Rolfe, for her amendment and ...

Lord Robathan | 797 c396 (Link to this contribution)

My Lords, in rising to support my noble friend, I am somewhat confused because this is a Private ...

Lord Adonis | 797 c396 (Link to this contribution)

My Lords, what has just been demonstrated is that the Bill has many parents and very wide support...

Viscount Trenchard | 797 c396 (Link to this contribution)

My Lords, I apologise for having failed to speak in the debate on Second Reading. I had to leave ...

Lord Pannick | 797 c397 (Link to this contribution)

My Lords, may I respectfully remind the noble Viscount that we are debating Amendment 4?

Viscount Trenchard | 797 c397 (Link to this contribution)

I am well aware, and I thank the noble Lord for his advice.

However, I congratulate my nobl...

Lord Kerr of Kinlochard | 797 c397 (Link to this contribution)

My Lords, like the noble Viscount, I was not able to be here for the debate on Second Reading. I ...

Viscount Trenchard | 797 c397 (Link to this contribution)

I hear that the noble Lord thinks that, but I regret that I take a different opinion. I have apol...

Viscount Trenchard | 797 c397 (Link to this contribution)

No, I would like to finish so I will not give way to the noble Lord again. It is therefore strang...

Lord Lisvane | 797 c397 (Link to this contribution)

My Lords, I rise purely in a spirit of helpfulness. Perhaps the noble Viscount could keep in mind...

Viscount Trenchard | 797 c397 (Link to this contribution)

I thank the noble Lord for his helpful advice. Nevertheless, I find it strange that the Speaker m...

Lord Taylor of Holbeach | 797 c397 (Link to this contribution)

I must remind my noble friend that, under paragraph 4.45, it is incorrect for Members of this Hou...

Viscount Trenchard | 797 cc397-8 (Link to this contribution)

I thank my noble friend for his correction.

3.30 pm

Lord Goldsmith | 797 c398 (Link to this contribution)

My Lords, I take the place of my noble friend Lady Hayter today. She, like my noble friend Lord R...

Lord Hamilton of Epsom | 797 c398 (Link to this contribution)

If the circumstances are exceptional, why does that mean it has not created a precedent?

Lord Goldsmith | 797 c398 (Link to this contribution)

I think it speaks for itself. We have not found ourselves in this sort of situation before. Other...

Lord Forsyth of Drumlean | 797 c398 (Link to this contribution)

Could the noble Lord help us understand what the word “exceptional” means? On Thursday we had fiv...

Lord Goldsmith | 797 c398 (Link to this contribution)

That was the view the House took on each of those closure Motions.

To deal with the substan...

Lord Howard of Lympne | 797 c398 (Link to this contribution)

The noble Lord says we should not put constraints on the other place when we consider these amend...

Lord Goldsmith | 797 c398 (Link to this contribution)

I will not attempt definitions of words; I am a lawyer, not a grammarian.

Lord Patten of Barnes | 797 c398 (Link to this contribution)

The Government distinguished by the leadership of Lady Thatcher came into office on the basis of ...

Baroness Neville-Rolfe | 797 c399 (Link to this contribution)

I am grateful for the support I have had for my amendment and for the echo that uncertainty in th...

Lord Framlingham | 797 c399 (Link to this contribution)

Given that my noble friend has put uncertainty at the heart of her remarks, does she not think th...

Baroness Neville-Rolfe | 797 c399 (Link to this contribution)

I will move on, rather than try to be Prime Minister for the afternoon. Clearly, I was concerned ...

Lord Goldsmith | 797 c399 (Link to this contribution)

Moved by

Lord Goldsmith

5: Clause 1, page 1, line 21, leave out subsections (6) and (...

Lord Goldsmith | 797 c399 (Link to this contribution)

My Lords in moving this amendment, with the permission of the House I will also comment on Amendm...

Lord Goldsmith | 797 cc399-400 (Link to this contribution)

I will not give way because the noble Lord has not even heard what I am trying to say.

The ...

Lord Goldsmith | 797 c400 (Link to this contribution)

I will give way to the noble Lord, but this will be the last time.

Lord Framlingham | 797 c400 (Link to this contribution)

It may be the only time I ask. The noble and learned Lord started his remarks by using the phrase...

Lord Goldsmith | 797 c400 (Link to this contribution)

I respectfully invite the noble Lord to read fully the debate at Second Reading, where that was e...

Viscount Hailsham | 797 c401 (Link to this contribution)

If the noble and learned Lord’s Amendment 5 is carried and Amendment 7 is carried as well, is it ...

Lord Goldsmith | 797 c401 (Link to this contribution)

So far as domestic law is concerned, in any event there will need to be a statutory instrument to...

Lord Goldsmith | 797 c402 (Link to this contribution)

I give way to whoever would like to speak on the opposite Benches.

Lord Faulks | 797 c402 (Link to this contribution)

I entirely agree with the noble and learned Lord that it is most important that there should be a...

Lord Goldsmith | 797 c402 (Link to this contribution)

The noble Lord is quite right that that is a very important point. It was raised at Second Readin...

Lord Pannick | 797 c402 (Link to this contribution)

It is not grouped with this one.

Baroness Deech | 797 cc403-4 (Link to this contribution)

I would be the mover of Amendment 6. I originally proposed with the Public Bill Office precisely ...

Lord Forsyth of Drumlean | 797 c404 (Link to this contribution)

My Lords, I am rather confused as to what is going on here. Who is answering these important poin...

Lord Forsyth of Drumlean | 797 c404 (Link to this contribution)

No, it is not for the Minister to answer them, as it is not a Government Bill. I do not know whet...

Lord Pannick | 797 c404 (Link to this contribution)

My Lords, the noble Baroness, Lady Deech, accepted that Amendments 5 and 7 remove the concern tha...

Lord Pannick | 797 c404 (Link to this contribution)

It is not on the list, but as I understand it, there have been suggestions that it would be helpf...

797 c404 (Link to this contribution)

They are not grouped.

Lord Pannick | 797 c404 (Link to this contribution)

They are not grouped on the Marshalled List, but I was informed that the Table Office had been in...

Lord Robathan | 797 c405 (Link to this contribution)

Does this not reveal the chaos of the current procedure?

Lord Pannick | 797 c405 (Link to this contribution)

My Lords, I will do whatever the Chief Whip thinks is most appropriate in these circumstances, as...

Lord Taylor of Holbeach | 797 c405 (Link to this contribution)

I thank the noble Lord. The papers for today were prepared when, at a rather late hour, someone a...

Lord Robertson of Port Ellen | 797 c405 (Link to this contribution)

As the sponsor of the Bill, I suggest that they are taken together.

Lord Pannick | 797 c405 (Link to this contribution)

My Lords, I can sense the mood of the House, and I am grateful to all noble Lords, particularly t...

Viscount Hailsham | 797 c405 (Link to this contribution)

I entirely understand the point about the Prime Minister agreeing to a proposal coming from the E...

Lord Pannick | 797 cc405-6 (Link to this contribution)

This is a negotiation. It would be very odd to say she can agree a date but she cannot seek one. ...

Lord Goldsmith | 797 c406 (Link to this contribution)

If I may assist, Clause 1(4) would require the Prime Minister to seek an extension of the period ...

Lord Pannick | 797 c406 (Link to this contribution)

I entirely accept that.

It is necessary to have legal certainty on the retention of the Pri...

Lord Howard of Lympne | 797 c406 (Link to this contribution)

My Lords, I have listened with care to the speeches of the noble and learned Lord, Lord Goldsmith...

Baroness Ludford | 797 cc406-7 (Link to this contribution)

My Lords, perhaps I could assist the noble Lord, Lord Howard, to see this situation in a differen...

797 c407 (Link to this contribution)

It is not the Minister.

Baroness Ludford | 797 c407 (Link to this contribution)

Perhaps if noble Lords listened to the end of a sentence they would understand what the speaker w...

Lord Cormack | 797 c407 (Link to this contribution)

My Lords, I think we should remember that there is no precedent, no parallel, to the situation in...

Lord Judge | 797 cc407-8 (Link to this contribution)

My Lords, I had not intended to speak. I do not think that this is a good Bill. There have been m...

Lord Hamilton of Epsom | 797 c408 (Link to this contribution)

Does the noble and learned Lord accept that, with an unwritten constitution, it is impossible to ...

Lord Judge | 797 c408 (Link to this contribution)

Of course it will be used by others. Lawyers use bad precedents constantly, but it does not mean ...

Viscount Eccles | 797 c408 (Link to this contribution)

The noble and learned Lord tells us that it improves the Bill. Does it not change the Bill so mat...

Lord Judge | 797 c408 (Link to this contribution)

No, it does not. We have to face the context, which is that the Commons has passed the Bill. So w...

Lord Faulks | 797 cc408-9 (Link to this contribution)

The noble Lord, Lord Pannick, and the noble and learned Lord, Lord Judge, have helpfully identifi...

Lord Goldsmith | 797 c409 (Link to this contribution)

Could the noble Lord enlighten me, at least, as to which amendment he is referring to?

Lord Goldsmith | 797 c409 (Link to this contribution)

Amendment 7 does not fetter. It actually says the opposite.

4.15 pm

Lord Faulks | 797 c409 (Link to this contribution)

The amendment says, “nothing … prevents”, which I suppose could be said to be saying that the roy...

Baroness Butler-Sloss | 797 c409 (Link to this contribution)

Will the noble Lord answer the points of concern of the noble Lord, Lord Pannick, as to why Amend...

Lord Faulks | 797 cc409-410 (Link to this contribution)

I do not want to misrepresent what the noble Lord said, but he suggested that there might be some...

Lord Trevethin and Oaksey | 797 c410 (Link to this contribution)

My Lords, I am yet another lawyer. I apologise for that. I will not detain the House for long.

Lord Hamilton of Epsom | 797 c410 (Link to this contribution)

My Lords, I should like to pick up on something the noble and learned Lord, Lord Goldsmith, said ...

Lord Hamilton of Epsom | 797 c410 (Link to this contribution)

I agree, nobody knows. Let us hypothesise that she cannot go beyond that date. She goes to Brusse...

Baroness Deech | 797 c411 (Link to this contribution)

My Lords, as I mentioned before, there is nothing in this Bill specifically to stop no deal. It r...

Lord Forsyth of Drumlean | 797 c411 (Link to this contribution)

Will the noble Baroness send a copy of her excellent contribution just now to the Minister for Ch...

Viscount Hailsham | 797 c411 (Link to this contribution)

My Lords, I will make a brief intervention in the hope that the noble and learned Lord, Lord Gold...

Lord Goldsmith | 797 cc411-2 (Link to this contribution)

My Lords, I will respond on my Amendment 5, which is the one that has been moved. A couple of poi...

Lord Callanan | 797 c412 (Link to this contribution)

As the noble and learned Lord, Lord Goldsmith, was kind enough to point out, I have not benefited...

Lord Goldsmith | 797 c412 (Link to this contribution)

I think the Minister said, in relation to the date, “not later than 22 May”. It should be “not ea...

Lord Callanan | 797 cc412-3 (Link to this contribution)

Yes, I take the noble and learned Lord’s point. He is right on that.

As I said, I am sure t...

Lord Pannick | 797 c413 (Link to this contribution)

Moved by

Lord Pannick

7: Clause 1, page 2, line 3, at end insert—

“(8) Nothing ...

Lord Wigley | 797 cc413-4 (Link to this contribution)

I will say a brief word in line with the comments I made on a matter that I flagged up at Second ...

Lord Lisvane | 797 c414 (Link to this contribution)

My Lords, I speak as a member of the Delegated Powers and Regulatory Reform Committee. The chairm...

Lord Forsyth of Drumlean | 797 c414 (Link to this contribution)

My Lords, again, I am disadvantaged as being neither a member of the committee or a lawyer. I am ...

Lord Lisvane | 797 c414 (Link to this contribution)

It is indeed; the noble Lord is correctly quoting from the final bullet point of paragraph 5. I d...

Lord Hope of Craighead | 797 c415 (Link to this contribution)

Perhaps the noble Lord would also say a word about the effect of a petition against. The fact tha...

Lord Lisvane | 797 c415 (Link to this contribution)

I should be happy to do so. The Convenor of the Cross Benches, the noble and learned Lord, Lord H...

Lord Goldsmith | 797 c415 (Link to this contribution)

My Lords, this has been a difficult matter to determine, but the priority as I see it remains ens...

Lord Robathan | 797 c415 (Link to this contribution)

What confuses me is that the noble and learned Lord appears to be answering on the Bill, which is...

Lord Goldsmith | 797 c415 (Link to this contribution)

The noble Lord should know that on any amendment or Bill in this House, the Government and the of...

Lord Pannick | 797 c415 (Link to this contribution)

I am not responsible for the Bill, but I offer a further argument in favour of retaining Clause 2...

Lord Forsyth of Drumlean | 797 c416 (Link to this contribution)

My Lords, uncharacteristically, I think the noble Lord, Lord Pannick, made a slight slip when he ...

Viscount Hailsham | 797 c416 (Link to this contribution)

Normally, my noble friend and I disagree on these matters but I am rather inclined to agree with ...

Viscount Hailsham | 797 c416 (Link to this contribution)

In the penultimate bullet point, it is clear that if the negative procedure is adopted and a Moti...

Lord Forsyth of Drumlean | 797 c416 (Link to this contribution)

I am grateful for my noble friend’s intervention. I am most obliged to him as a lawyer for backin...

Baroness Ludford | 797 c416 (Link to this contribution)

My Lords, our position is similar to that of the Opposition, as outlined by the noble and learned...

Lord Faulks | 797 c417 (Link to this contribution)

At Second Reading, the noble Baroness was inclined to agree with the removal of Clause 2. Indeed,...

Baroness Ludford | 797 c417 (Link to this contribution)

I was reflecting the position and view of my colleagues in the other place. As I said, in princip...

Lord Howard of Lympne | 797 c417 (Link to this contribution)

The noble Baroness was rather dismissive a moment ago about the inhibitions of procedure. Is this...

Baroness Ludford | 797 c417 (Link to this contribution)

I have talked about the specific context. If we get to the end of this week, it would be absurd f...

Baroness Deech | 797 c417 (Link to this contribution)

My Lords, a few days ago, the noble Baroness, Lady Hayter, while hurrying us along, said that she...

Baroness Deech | 797 cc417-8 (Link to this contribution)

It does not matter if some of us are not prepared to do so; some of us are.

Although I am n...

Lord Hope of Craighead | 797 c418 (Link to this contribution)

My Lords, I should like to add one point to what the noble Baroness has just said. Clause 2 is no...

Lord Butler of Brockwell | 797 c418 (Link to this contribution)

My Lords, I hope that this is an unnecessary fear, but it ought to be clarified. My worry, which ...

Lord Forsyth of Drumlean | 797 c418 (Link to this contribution)

My Lords, I know nothing of these matters but perhaps the noble Lord could explain how you can fi...

Lord Butler of Brockwell | 797 c418 (Link to this contribution)

I imagine that you can filibuster it by continuously talking and thus prolonging the debate until...

Lord Forsyth of Drumlean | 797 c418 (Link to this contribution)

As the noble Lord will have discovered, we have a procedure which last Thursday was used on five ...

Lord Howard of Rising | 797 c418 (Link to this contribution)

My Lords, it is worth reminding the Committee that the first steps to dictatorship have, through ...

Lord Green of Deddington | 797 c418 (Link to this contribution)

My Lords, this discussion has unearthed some serious issues. I hope therefore that there will be ...

Lord Callanan | 797 cc419-420 (Link to this contribution)

Let me reassure my noble friend Lord Forsyth that I am not responsible for this Bill either, alth...

Lord Framlingham | 797 c420 (Link to this contribution)

In among what is obviously an increasing shambles, can the Minister confirm that we leave the Eur...

Lord Callanan | 797 c420 (Link to this contribution)

I answered a question from the noble Lord earlier today on that, and I am not sure there is much ...

Baroness Noakes | 797 c420 (Link to this contribution)

Moved by

Baroness Noakes

8: Clause 3, page 2, line 12, at end insert—

“( ) This...

Baroness Noakes | 797 cc420-3 (Link to this contribution)

My Lords, I shall not detain the House long. My amendment would ensure that this legislation ceas...

Viscount Trenchard | 797 c423 (Link to this contribution)

My Lords, I support my noble friend Lady Noakes on this amendment. As she explained so clearly on...

Lord Pannick | 797 c423 (Link to this contribution)

My Lords, this amendment is not needed to ensure that the provisions in the Bill are temporary. T...

Lord Forsyth of Drumlean | 797 cc423-4 (Link to this contribution)

My Lords, if that is the case, there is no reason at all why we should not accept this amendment....

Lord Wallace of Saltaire | 797 c424 (Link to this contribution)

My Lords, I have been thinking hard over the past few weeks about the meaning of parliamentary so...

Lord Howard of Lympne | 797 c424 (Link to this contribution)

I wonder if the noble Lord might add this to the conditions in which this Bill would have been un...

Lord Butler of Brockwell | 797 c424 (Link to this contribution)

My Lords, I understand the misgivings that many in this House have about this Bill, but I have to...

Lord Forsyth of Drumlean | 797 c424 (Link to this contribution)

Before the noble Lord sits down, why does he think the Government would resist this?

Lord Goldsmith | 797 c424 (Link to this contribution)

My Lords, the noble Lord, Lord Pannick, is right, though I understand where the noble Baroness, L...

Lord Robertson of Port Ellen | 797 c424 (Link to this contribution)

My Lords, I will break my Trappist silence.

Lord Robertson of Port Ellen | 797 c425 (Link to this contribution)

Momentarily, of course, because that silence has been purely motivated by my loyalty to the Gover...

Baroness Noakes | 797 c425 (Link to this contribution)

My Lords, it does not surprise me that I have been supported by some of my noble friends and oppo...

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