Parliamentary Scrutiny of Leaving the EU

Debate between Baroness Morgan of Cotes and William Cash

Wednesday 12th October 2016 Commons Chamber

[Nicky Morgan (Loughborough) (Con)]

I must disagree with my hon. Friend. I have the manifesto with me, too, because I shall refer to it in my remarks. It very clearly states:

“We say: yes to the Single Market”—

and there is no mention in the wording that my hon. Friend cited of there being an interim period in which Britain remains in the single market.

[Sir William Cash]

My right hon. Friend has, I think, a slight problem here. I understand from remarks made by Members on both sides of the House that when we repeal the 1972 Act, as we intend to do, some will not want to resist it—I see my right hon. Friend nodding her head, for which I am grateful. It is simply not possible for us to be in the single market on the one hand and on the other hand repeal the laws that are implicit in the 1972 Act. We cannot be in the single market and repeal the jurisdiction of that Act.

[Nicky Morgan]

rose—

--- Later in debate ---

[Sir William Cash]

It does not, because I said implicitly that we would not be able to go into the European economic area for that very reason. The British people have spoken in the referendum, and everyone in the Chamber says that they respect the views of the British people, yet at the same time we hear these weasel words that somehow imply that it is possible to leave the European Union, repeal the European Communities Act 1972 and still remain within the jurisdiction of the European Court of Justice. That is just nonsense—political and legal nonsense.

[Nicky Morgan]

rose—

--- Later in debate ---

[Nicky Morgan (Loughborough) (Con)]

It is a pleasure to follow the right hon. Member for Leeds Central (Hilary Benn), who will, I suspect, play a key part in scrutinising, on behalf of this House, the negotiations with the EU over the next few months, years and decades.

I have managed to avoid debating the European Union, though debating it has been a customary habit of many members of my party for a number of years; I did so by becoming a Minister, although I was the EU budget Minister and enjoyed undergoing scrutiny by my hon. Friend the Member for Stone (Sir William Cash) as Chairman of the European Scrutiny Committee.

Let me make it very clear, as hon. Members in all parts of the Chamber have, that although I wanted us to remain a member of the European Union, I accept the result of 23 June. That is why I think that the Government amendment can be supported by everyone who has spoken so far. However, once the article 50 negotiations are completed, we, from outside the European Union, will have a wholly different relationship with EU member states. That is why I also support the Labour motion—because it recognises that leaving the EU is the defining issue facing the United Kingdom. It was the right hon. Member for Doncaster North (Edward Miliband) who said that the decisions that we take over the next few months and years in Parliament will shape this country for decades and generations to come. That is a responsibility that we all need to take very seriously, and that we should undertake, as the shadow Secretary of State said, without point scoring and partisanship.

Clearly, the key question will be about access to the single market, and balancing that with the issues around freedom of movement and immigration control. I was struck by the fact that the words “single market” were nowhere in the Secretary of State’s statement to Parliament on 5 September; I made that point to him them. Not mentioning it will clearly not be tenable. The relationship between the single market and freedom of movement was not on the ballot paper, and it is what we will be discussing in this House for months to come.

As I have already said to my hon. Friend the Member for Stone, the Conservative party’s 2015 manifesto is clear about what we want from Europe. We—that is, all Members of Parliament elected on the Conservative party manifesto in 2015—say yes to the single market. The Prime Minister, in her speech to the Conservative party conference, said very clearly that we want

“to give British companies the maximum freedom to trade with and operate in the Single Market”.

For anyone to say that the single market will not be part of the discussions, and that just because we are repealing the European Communities Act 1972 we will not discuss the single market, is not correct.

[Sir William Cash]

Does my right hon. Friend accept that it is impossible for us to repeal the 1972 Act on the one hand, which is the endgame, and on the other to remain subject to the jurisdiction of the European Court within the single market? We trade into the single market, but we are not in the single market; that is the point.

[Nicky Morgan]

I thank my hon. Friend very much indeed for that intervention. The European Communities Act 1972 was introduced a long time before the single market was envisaged by, as we have heard, a former Prime Minister. As someone who was engaged in commercial negotiations for 16 years before I came to the House, I think that anything is possible in a negotiation, as the former Deputy Prime Minister said.

I want to make three quick points. First, I want to pick up the point made by my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke). I was concerned to hear that last week in an interview given by the Chancellor of the Duchy of Lancaster that the Cabinet had not been consulted on the timing of the triggering of article 50, and that that had been decided by a small group of people as something to be announced at the Conservative party conference. We have been arguing that Parliament must be involved in scrutiny decisions, but the Cabinet must be kept fully informed of key decisions on our leaving the European Union.

Secondly, we heard from the right hon. Member for Leeds Central about the status of EU citizens. I was heartbroken to receive an email from a constituent—I suspect that it is not the only one that I or, indeed, many of us will receive—who has moved here from elsewhere in the EU. She has gone through a difficult court case on the custody of her children, and has settled in the United Kingdom. There are restrictions on where those children can travel within the EU. She said to me

“Yet as EU citizens, it is becoming increasingly clear that it will become near impossible for us to continue living in the UK. I, for one, will have great difficulty finding employment”—

she has a PhD, awarded here—

“and using my expertise because I am not British.”

That is not the country that I want to see. I do not think that this is the country that the Government or Parliament wants to see. That is not the message that we want to give about this country, which has been built on the skills of those who have come here for generations. I suspect that many of us in the Chamber are here because our forefathers moved to this country and took advantage of the safety that we provide.

Finally, those who are asking questions about the scrutiny by Parliament of these fundamental negotiations are not trying to thwart the will of the people. I resent that implication—I resent it from newspapers, I resent it from Ministers, and I resent it from the briefers and spinners at the centre of Government. It only encourages me to ask more questions, and I will work with colleagues in the Government and colleagues across the House to ask those questions. It is Parliament’s duty to scrutinise the Executive. I have stood at the Dispatch Box, and I have been scrutinised by Parliament—rightly so. Now I am on the Back Benches I will scrutinise the Executive. Our constituents send us to Westminster as Members of Parliament to ask the questions that they cannot put to Ministers themselves. Colleagues, we must take every opportunity to ask those questions to get the best possible deal for this country as we leave the European Union.