I am grateful to the Minister and I hope that the noble Lord, Lord Howell, will not mind my stepping in here. I have my name attached to Amendment 31, but I really support Amendment 17 as it has been described by the noble Lord, Lord Pannick. As an advocate, I would always follow the indications given by a judge such as the noble and learned Lord, Lord Hope, whose advice is very useful, given that he is by and large in sympathy with what is being sought here.
I remind the House of a question that was asked previously by the noble Baroness, Lady O’Neill—I can see her sitting on the Cross Benches—on what happens if there is an agreement that is really a bad agreement, a bad deal, or what happens if there is no deal at all. We did not hear a proper answer to that question, and I think that it is one that we sought to answer in Amendment 31. I agree entirely with the noble Lord, Lord Pannick, and—to spare his blushes—he did not make mention of the judgment in the Miller case, in which he was counsel. In that case—the noble and learned Lord, Lord Hope, said something about this on Second Reading—a very important matter of principle was involved. It was not just that the Supreme Court made the decision that Parliament’s approval was necessary for the triggering of Article 50. What was also dealt with there was the principle at the heart of this—the principle that when it comes to fundamentally changing law, or removing rights from our domestic law, Parliament has to be the place that authorises and approves such matters.
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That principle has to apply at the end of this process—because this Bill does not authorise withdrawal. It authorises the triggering of the process leading towards withdrawal, but it does not authorise withdrawal. When we come to that stage, it is Parliament that, looking at the deal, will have to give its approval or not—because this will touch upon fundamental changes to our law, and to the rights of citizens of this country. That is why we must insist that this be on the face of the Bill.
That is why the noble Lord, Lord Lester—unfortunately he cannot be here this evening—and I, supported by the noble Baroness, Lady Jones, added an amendment that mentions the possibility of no agreement being reached, and says what should happen in that case. That too should come before Parliament. If we end up reverting to the World Trade Organization’s trading rules, that too will involve a diminution of rights and laws in this country. So it too will have to
come back before Parliament. A bad deal has to come before Parliament, and any approvals, but no deal at all also has to come before Parliament.
I do not think there will be any votes tonight, so I urge noble Lords that when we reconsider the drafting before we come back here next Tuesday morning, we remember that that is what a good amendment should say. The noble Lord, Lord Pannick, is the perfect person to put such an amendment together: it should also cover the possibility of no agreement being reached, and say that that too has to be approved by Parliament.
I shall not labour the point at this time of night, but I happen to agree with the noble Lord, Lord Kerr, that Article 50 does not mean that there cannot be a change of heart. We could unilaterally withdraw our triggering of Article 50. I imagine that is very unlikely, but if there came a point when we looked at the World Trade Organization’s trading rules and at the full panoply of what they would mean, we could decide that we did not want to go down that route and would rather remain in the European Union. Unlikely as it may seem, that has to be an option that Parliament could decide on. I urge the House to find the right amendment before next Tuesday morning.