European Union (Notification of Withdrawal) Bill

Debate between Jacob Rees-Mogg and William Cash

Tuesday 31st January 2017 Commons Chamber

[Sir William Cash]

From the beginning, my main objection has been that decisions are often taken in that way. The hon. Gentleman sits on the European Scrutiny Committee, which I chair, and he knows perfectly well that I have complained vigorously, for ever, about the fact that decisions are taken behind closed doors within the EU. It was not about our sovereignty; it was about theirs. Their sovereignty has been imposed on us. That is why I objected to it, and that is why we are standing here today.

[Mr Rees-Mogg]

I wish to say that Eurosceptics in this House owe a great debt of gratitude to my hon. Friend the Member for Stone (Sir William Cash), who has been our leader on this issue for many decades.

[Sir William Cash]

I am very touched by my good friend’s comment.

We fought for a referendum on Maastricht and afterwards. We fought to unshackle the United Kingdom from increasingly undemocratic European government. Those who vote against the Bill will be voting against the outcome of the referendum. The Secretary of State for Exiting the European Union, my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), is absolutely right to say that we must trust the people. Those Members will be voting against the people and against their vote, as expressed in the referendum. If the House of Lords were to attempt to stand in the way of the vote by the British people, it would be committing political suicide. This Westminster Parliament is now the focus, where the instructions of the British people have to be carried out, and that is what we will do. I shall repeat the words of William Pitt in the Guildhall speech of 1805:

“England has saved herself by her exertions, and will, as I trust, save Europe”—

and the United Kingdom—

by her example.”

Relocation of Migrants in need of International Protection (Opt-in Decision)

Debate between Jacob Rees-Mogg and William Cash

Monday 14th December 2015 Commons Chamber

[Sir William Cash]

The reality is that there are declared jihadists who have been in Syria and other parts of the middle east. Jihadi John, as he was described, is a very good example of a declared jihadist who came from the United Kingdom, but I was not making a point about the United Kingdom, although I do perceive the danger. I was referring to the fact that there is no doubt that citizens—admittedly, they were French—who had been to Syria and come back via routes that enabled them to get to Paris contributed to the carnage. People can dispute that if they wish, but the facts are clear. The reality is that real problems have to be addressed, and that is an extremely important part of this debate. People can have differing views, but the reality is that there are real dangers.

I am also bound to say another thing with respect to the manner in which the Government have dealt with the issue. I want to make this point briefly, but it is important. The Minister passed very briefly over this and made a slight apology for what happened, but, with regard to override, I am going to put it in stronger terms. Scheduling a debate after the Government have reached an opt-in decision makes a mockery of their own commitment to enhanced scrutiny of their opt-in decisions and to provide full transparency and accountability to Parliament. The Government have provided no explanation, even this evening, for their failure to schedule an opt-in debate during a September sitting of Parliament, when the House could have expressed a view on the merits of opting into the first two relocation proposals, or an opt-in debate before the expiry of the opt-in deadline of 8 December on the proposed amending regulation.

[Mr Rees-Mogg]

Would my hon. Friend be more sympathetic to Her Majesty’s Government, as I might be, if it were not true that it was nearly three years ago, in January 2013, that the European Scrutiny Committee requested a debate on the Floor of the House on the free movement of people? Their failure to schedule debates is long standing.

[Sir William Cash]

It is indeed. I always want to encourage the Government to do better, but on this occasion they have done a lot worse. The delay in scheduling opt-in debates is inconsistent with the letter and spirt of the commitments made to Parliament by the Minister for Europe. I would be grateful if the Minister for Immigration would deal with that, because he owes not only the European Scrutiny Committee, but, much more importantly, the House and this country’s voters an apology for the way in which it has been dealt with. I am sure he will give that apology; perhaps he would like to do so now. Is there a chance that he might? Is he listening to what I am saying?

Serious and Organised Crime: Prüm Convention

Debate between Jacob Rees-Mogg and William Cash

Tuesday 8th December 2015 Commons Chamber

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

It is becoming something of an annual event that the Home Office should bring forward a further passing of powers to the European Union. Just over a year ago, we had the arrest warrant and all that went with it, and now we have Prüm, or Proom depending on one’s preferred pronunciation.

I must confess that this is a grave disappointment, because one had begun to read briefings in the press that my right hon. Friend the Home Secretary was going to become the Boadicea of the Leave campaign, and on her winged chariot she was going to be putting the case for why we should have less Europe rather than more. Instead, we get this order brought before us today on the grounds of necessity. She says that it is the only way in which we can co-operate with our friends in Europe—countries that wish to assist us and that we wish to assist.

The arguments for the order are, superficially, very attractive. There is no one in this House who wants to aid terrorists or stop them being arrested. There is no one who wants rapists to go free, or who wants petrol smuggled between Northern and southern Ireland. We want the law to be obeyed and the wrongdoers to be arrested. We want them to be caught and put in prison. That is all true, and we want efficient systems to be put in place that ensure that that happens. There is absolute unanimity in this House, and probably—except among the criminal fraternity—in the country at large. Then we hear why it can be done only this one way, which is more Europe, with the Commission and the European Court of Justice.

Interpol, according to my right hon. Friend the Home Secretary and others who have spoken, sounds as though it is run by Inspector Clouseau and uses cleft sticks to carry messages between countries. It is so incompetent and slow that it is hard to understand why it exists at all. If it is quite so incompetent at gathering information and quite so lazy and idle at passing it around the world, why are we contributing to its upkeep? Is there not a case for fundamental reform of Interpol? Should we not do something about it to ensure that, internationally and not just in the narrow European sphere, there is a means, a method and an ability to transmit information relating to these dangerous criminals? But oh, no, we will not bother with that. That might be hard work. It might mean that something has to be done, that it will upset the nice, expanding, imperial European Union that has of course to have more powers gathered to itself. No, the only thing that can be done is to use the full mechanism of the European Union; there is no other way.

We assume that if we offered bilateral intergovernmental agreements, they would be refused. The Home Office states that they would be refused; that that would be too difficult because there is another mechanism within the European Union. But that makes the assumption that our friends, our partners, our allies in Europe are so wedded to the idea of the European Union that they will not do something that they themselves wish to do because we will not agree to their specific structures for doing it. Therefore, we must accept the structures rather than negotiating with them over what those structures may be.

This strikes me as perverse. We know that our friends in France are keen to have this exchange of information. Is the Home Secretary really saying that the French would not agree to an intergovernmental bilateral agreement that we would give them information and they would give us information because it did not meet the highfalutin European ideal? Is that really what Her Majesty’s Government are saying? Is that the case with Germany, Italy and Spain? Are they all saying that they attach so much importance to the European Union that, even though they wish to share information with us, even though they think it is important, even though they think that it would cut crime, they are not willing to do so?

[Sir William Cash]

We must also take into account the decision taken by Denmark only a few days ago in this enormous description of the kaleidoscope of European unity.

[Mr Rees-Mogg]

My hon. Friend is right. The Danish question is one of the greatest importance. Denmark had a referendum, having trusted their people, which I believe we may be doing at some point. But of course we are not trusting them on this measure, because it is instrumental to catching terrorists, and the people cannot be trusted to decide whether they want to do that or not. No, this must be done by the Government after a three-hour debate—though lucky us to get even a three-hour debate. Last year we did not get a debate on the European arrest warrant. We had it on something else.

European Union Referendum Bill

Debate between Jacob Rees-Mogg and William Cash

Tuesday 16th June 2015 Commons Chamber

[Mr Rees-Mogg]

No, I am afraid that I fundamentally disagree with my hon. Friend. There are stages in this process. That is what the Bill and the Minister’s letter are trying to get at. The Government will have their renegotiation and then come back with a package saying it is a triumph, whatever is in the package. It might have three loaves and two fishes, or it might give us complete control of our own destiny—whichever it is, the Government will say it is a triumph. That will be the Government’s answer, and they can tell the electorate what they have managed to do. From then on, however, it will become a matter of straightforward politics whether someone believes the Government and agrees with what they have done. I approve of the adversarial system in this country. We do not develop our arguments and get to the answer we want by getting authoritative documents from the Government. Actually, such documents always contain a bias. It might not be obvious on first reading, but, reading through the detail, one will see the way the Government want people to go, and that will bolster the position they have set for themselves.

[Sir William Cash]

I might be corrected by SNP Members, but, as I understand it, the Electoral Commission put out leaflets during the Scottish referendum campaign agreed between the yes and no campaigns. Even if that did not happen, it might be a way of dealing with the situation. The no and yes campaigns could exchange information and come up with a bottom line, and then that line could be taken and put as a fair choice.

[Mr Rees-Mogg]

I certainly see no impropriety in that. In the London mayoral campaigns, the views of all the candidates are circulated in a single booklet. That is not improper. Perhaps, however, I am more of a believer in capitalism, in respect of elections as well as the economic structures of the country. I believe that people should campaign for what they want, and should put their own arguments rather than thinking that they could be better put—or even well put—by a nominally independent third party, least of all the Government.

--- Later in debate ---

[Mr Rees-Mogg]

That is a very important point, which may be worth discussing when we debate other amendments. Ultimately, the Government must accept the will of the people—that is what we all believe in, and that is why we are all here—but they must deal with that fairly.

There is also the question of where the Government should proceed from here. There seems to be a wide consensus that paragraph 15 of schedule 1 is deeply unsatisfactory, and that the removal of the issue of purdah was simply a mistake. I am willing to trust the Government, so I accept that it was an honest mistake, and not a mistake that was made in an attempt to fiddle the referendum result. I believe that partly because I am a simple fellow who is very trusting of the Government, but also because trying to fiddle the result will damage whichever side wishes to do it.

The British electorate will not have the wool pulled over their eyes. If little bits of legislation are squirreled away into the Bill to make things easier for one side or the other, those of us who are on the other side will campaign on that basis. We will say, “Look, we need to act against this, because people are trying to fiddle us over what is happening.” There is a wonderfully contrary spirit among the British people, who will not be cowed by those who try to trick them.

[Sir William Cash]

The explanatory notes relating to section 125 of the 2000 Act were so explanatory that a line and a half said simply, “This is what we are going to do.” For practical purposes, I do not think that my hon. Friend would be entirely right in thinking that the Government got there by mistake, particularly as they had taken counsel’s opinion, which we are determined to ferret out.

[Mr Rees-Mogg]

I do not know too much about ferreting, or indeed about counsel’s opinion, but my hon. Friend knows only too well that explanatory notes are anything but explanatory. They consist of a complicated a set of notes which, when read carefully in conjunction with a Bill, can shed some light, but I do not think that anyone expects them to be like the Book of Revelation, revealing everything that one could possibly want to know about a Bill. They require Members of Parliament to look diligently at what underlies them.

The Government must examine clause 3 very carefully. They have given undertakings to do so over the next few months, but they need to come back with something that is just as rigorous as what is there already.

--- Later in debate ---

[Mr Rees-Mogg]

I entirely agree with my hon. Friend and that point has been made by my hon. Friend the Member for Stone. An uncharacteristically weak argument must have been given to the Minister for Europe to read out—he could not have made so poor an argument himself—when he said that if the negotiations have finished it would be very difficult for the Government not to be able to explain them immediately before the election. It cannot be that we will have the referendum two weeks after the negotiations have been concluded. That would be preposterous. There has to be a considerable period of time beforehand, so that what has happened can be understood, debated and campaigned upon. That must mean a period of a minimum of 28 days, as currently set out, but realistically we are going to need three months at the end of the negotiations before we can move straight to the referendum.

[Sir William Cash]

My hon. Friend is developing an excellent argument, which perhaps brings out the fact that the amendment I have tabled specifies, fully supported by the Electoral Commission, at least a 16-week referendum period, and then it describes how it should be conducted.

[Mr Rees-Mogg]

I am well aware of my hon. Friend’s amendment, and I think the Government need to be thinking along those lines. I am going to support the Government this evening; I am not going to vote with my friends in the SNP on this occasion, or indeed with my hon. Friend the Member for Stone, which is more of a break with the habits of a lifetime. There is an important “but”, and I think other hon. Members on the Government Benches share my view: because the Government have made a mistake at this stage, they now need to come back with something better than we would have needed had they not made this mistake. Therefore, the Government’s position of purdah must be a stricter one than they might have been able to get away with had they simply amended the existing restrictions rather than taking them all away and having a completely clean base from which they could have done anything.