My Lords, this has been an excellent and interesting debate, and I am slightly wary at this late hour to be inserting myself between the noble and learned Lord, Lord Hope, and the noble Lord, Lord Pannick, who, as I said at Second Reading, is such a worthy adversary.
What everyone, myself included, clearly shares is the sentiment and perfectly legitimate intention to ensure that Parliament is able to hold the Government to account as we leave the European Union. But there is one fact of brutal simplicity that towers above this whole debate. Much though it may bore or irritate some noble Lords, I fear that it is one we cannot and must not ignore. It is simply this: the majority of people voted to leave the EU. I know that a number of your Lordships have argued with great passion that this was the wrong decision, but the decision has been made and we are going to withdraw from the EU.
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A clear democratic path has been followed. People voted for a Government who promised them a referendum. Parliament voted to put the choice in people’s hands, without caveat or condition. The majority of people then voted to leave, and the other place has debated this Bill, considered amendments and passed it unamended. So the clarity of the decisions made so far—decisions made at the ballot box and by elected politicians—could not be greater.
Therefore, the Government’s position remains clear and totally unchanged. We are leaving the European Union with a clear intent to do all we can to forge a new partnership with the European Union. We approach these negotiations not expecting failure but anticipating success. We want our exit to be smooth and orderly: disruption is not in our interest, nor in Europe’s. We are confident that the UK and the EU can reach a positive deal on our future partnership as this would be to the mutual benefit of us and the EU. We will approach the negotiations in this spirit.
The Government are very clear that Parliament will play a valuable role throughout the process, not just in scrutinising but in making key decisions on legislation to repeal the European Communities Act, and on legislation on immigration, customs and more. Crucially, as we committed to on the Floor of the other place, there will be a vote in both Houses of Parliament on the final agreement before it is concluded—a vote we fully expect and intend to be before the European Parliament debates and votes on the final agreement. As I said, this commitment goes above and beyond what is contained in the Constitutional Reform and Governance Act. As I said at Second Reading, any new treaty we agree with the EU will be subject to the provisions of CRAG before ratification.
This commitment by the Government may explain why the other place did not amend the Bill to insert new conditions for the approval process. Indeed, the shadow Brexit Secretary, Sir Keir Starmer, called the commitment I described “huge and very important”. This commitment mirrors the powers of the European Parliament, which is entitled to a simple yes or no vote. So Parliament will be able to hold the Government to account in the usual way as the negotiations proceed—and, crucially, Parliament will vote on whether to accept the deal that the Government have agreed. This vote is the most meaningful vote imaginable: a vote on how we leave the EU, not a vote on whether we should leave the EU—for, as I have said, that decision was made in June. That was the point of departure.
This House and Parliament should be in no doubt. We are leaving the EU, either through the deal we agree with the EU or without a deal. As has been said many times before, as a matter of policy we will not withdraw our notice to leave or put this issue to another referendum. Yet our intent to deliver on the referendum result collides with the effect of the amendments before us, which would insert more conditions such as a second referendum.
I shall address Amendment 17 specifically, which goes well beyond what the Government have committed to. The amendment, in the names of the noble Baroness, Lady Hayter, and the noble Lord, Lord Pannick, seeks to fix the timing of the vote in Parliament. As I understand it, the intention behind proposed new subsection (3) in the amendment is to have the vote in our Parliament before any initial agreement with the Council. As my noble friend Lord Howard said, just consider what this would mean. As we draw to the end of the most complex negotiations ever, the amendment would effectively bring all of Parliament to the negotiating table. How would that engender good faith between us and our European partners? How would that create certainty?
What of the two-year deadline for the negotiations, as set out in Article 50? What if that expires? As has been said, under the terms of Article 50, we need all the member states to agree to an extension.
That brings me to my next point. Amendment 17 seeks to make it a condition that no Minister of the Crown may agree to the termination of negotiations without parliamentary approval. It is not in our gift to make this a condition. If the European Union refuses to negotiate with us or does not agree to an extension of the negotiations, that is its decision. If that happens—
if the EU terminates the talks and refuses to extend the negotiations—what then? How does this sit with subsection (4) of the proposed new clause, which states that no Minister of the Crown may agree to the termination without parliamentary approval?
This brings me to the point that has been made before by my noble friend Lord Higgins: that we could or should make it clear that we will revoke our notice to withdraw. That brings me neatly back, full circle, to that very simple, brutal fact. The United Kingdom has voted to leave the EU. The instruction is clear and we are determined to see it through. That is why the Government’s position could not be clearer. As I said, it is a matter of firm policy that we will not withdraw our notice to leave.
The key point, the only point, is that the people have voted to leave the European Union—a decision that was made without condition and on which we must now deliver. Therefore, I ask noble Lords not to press their amendments.