Parliamentary Sovereignty and EU Renegotiations

Debate between Bernard Jenkin and Gerald Howarth

Thursday 4th February 2016 Commons Chamber

[Sir Gerald Howarth (Aldershot) (Con)]

May I say what a great pleasure it is to take part in this vital debate? I congratulate my hon. Friend the Member for Basildon and Billericay (Mr Baron) on securing it, and may I pay tribute to you, Mr Speaker, for being in the Chair for this important debate, because I know that you take these matters extremely seriously? As for my hon. and learned Friend the Member for Torridge and West Devon (Mr Cox), his speech was a tour de force and I feel every ounce of the passion that he feels about this subject.

This is not a new issue; this has been going on for well over half a century. When the then Lord Privy Seal, Edward Heath, sought advice from the then Lord Chancellor, Lord Kilmuir, he was given advice in December 1960 in respect of our potential membership of the Common Market, as it was then called. Lord Kilmuir stated:

“I have no doubt that if we do sign the Treaty, we shall suffer some loss of sovereignty, but before attempting to define or evaluate that loss I wish to make one general observation. At the end of the day, the issue whether or not to join the European Economic Community must be decided on broad political grounds”.

He continued:

“Adherence to the Treaty of Rome would, in my opinion, affect our sovereignty in three ways: Parliament would be required to surrender some of its functions to the organs of the Community; The Crown would be called on to transfer part of its treaty-making power to those organs; Our courts of law would sacrifice some degree of independence by becoming subordinate in certain respects to the European Court of Justice.”

Lord Kilmuir could not have been clearer, but in 1975, when people were asked to vote on these matters, this issue of the loss of sovereignty was played down by Ted Heath and his Government at the time. Some of us foresaw the dangers. We saw that the EEC had a president, a flag, an anthem and a court. In 1986, 45 of us voted against the Single European Act. I am the only Conservative who voted against it left in the House, but there are two who did so on the Opposition Benches: the Leader of the Opposition; and the hon. Member for Bolsover (Mr Skinner). I quite accept that I am in rather questionable company, but we did have one thing in common: we believed in our country—in those times, at any rate.

[Mr Jenkin]

We still do.

[Sir Gerald Howarth]

I still do, as my hon. Friend says.

The EEC has now become the European Union, and it has a currency, a Parliament, a high representative and a defence identity, designed of course to undermine NATO. What are those things? They are all the attributes of a sovereign nation state, and we deceive ourselves if we imagine that this process has now somehow come to a halt, been frozen in aspic and will remain ever thus—it will not. The direction of travel is clear. We do not have to prove this to the people, because they can see the direction of travel since 1975 and how this organisation, which we were told was going to be a common market in goods and services, has grown to become so much more—and it intends to continue. As several hon. Members have said, we must look at what is happening in the eurozone, with this absurd deceit that there can be a single currency without a single monetary institution operating a single monetary policy. This process will continue, and the British people must be warned that if they vote to stay in this organisation, they will not be voting for the status quo; they will be voting for further integration and further change.

In his excellent speech at Bloomberg, my right hon. Friend the Prime Minister made it absolutely clear that he believed in maximising parliamentary sovereignty, and he said it again yesterday. The proposals contained in the Tusk arrangements, as my hon. Friend the Member for Basildon and Billericay pointed out, are absolutely absurd. We have to get another 15 or so other Parliaments to agree. That is not the restoration of sovereignty to this Parliament, but basically a cop out.

I salute the European Scrutiny Committee, the illustrious Chairman and members of which are here in this Chamber today, for the work it has done in pointing out the exact situation. Its December report, “Reforming the European Scrutiny System in the House of Commons”, said that

“the existing Article 4(2) of the Treaty on European Union, which requires that the EU ‘shall respect the essential state functions’ of its member states, and that this means respecting the democracy of the member states.”

Accordingly, the Committee’s report recommended that

“there should be a mechanism whereby the House of Commons can decide that a particular legislative proposal should not apply to the UK.”

That seems to be the sensible way in which to go, and I am sorry that the Prime Minister did not accept the recommendations of that Committee. There is a way forward. There is plenty of evidence to show that these arrangements that the Prime Minister has put in place are not legally binding. We need to restore sovereignty to this Parliament. The British people have a once-in-a-lifetime opportunity to do that.

I close with the words of Sir Walter Scott, the great poet from the Scottish borders from where I draw so much of my own blood.

“Breathes there the man, with soul so dead,

Who never to himself hath said,

This is my own, my native land!”

And I want it back!