Parliamentary Scrutiny of Leaving the EU

Debate between Lord Beamish and William Cash

Wednesday 12th October 2016 Commons Chamber

[Sir William Cash (Stone) (Con)]

I must say, in response to the right hon. Member for Doncaster North (Edward Miliband), that there are of course those who do not and never will accept the outcome of the referendum and who will use almost any means at their disposal to try to overturn it or mitigate the result, while constantly and disingenuously stating their respect for it. That is abundantly clear.

This historic vote was an emphatic vote to leave the European Union. That was what was on the ballot paper. It was clear, and it follows from the fact that we are going to leave the European Union that Brexit does not just mean Brexit; it means the repeal of the European Communities Act 1972, which incorporates and absorbs all the laws and all the judgments of the European Court and all the matters that have come into this House and been imposed upon us by the 1972 Act.

There has been some talk about the Conservative manifesto. I have it here, and I mention it because it is relevant not only to some remarks off by some of my colleagues but to the future conduct of this matter in relation to the House of Lords. Our manifesto states:

“For too long, your voice has been ignored on Europe.”

That was stated in 2015 and put to the British people. It further stated that the Conservative party would

“give you a say over whether we should stay in or leave the EU, with an in-out referendum by the end of 2017”.

It then qualifies that—the precise date of the referendum was not known in 2015—by making some perfectly reasonable comments. It commits in the meantime or in parenthesis, as it were—it does not say that, but that is what it implies—to

“keeping the pound and staying out of the Eurozone”,

which is fair enough, and to

“reform the workings of the EU”.

So long as we are in the EU, we obviously want to reform those workings, because it is

“too big, too bossy and too bureaucratic”.

It goes on to state that the party will

“reclaim power from Brussels on your behalf and safeguard British interests in the Single Market”—

and I should hope that we would during that interim period, and

“back businesses to create jobs in Britain by completing ambitious trade deals and reducing red tape.”

That is what the manifesto said, and it provided the basis on which not only the general election but the referendum took place. The words in the question were quite clear:

“Do you want to ‘remain’ in or ‘leave’ the European Union?”

[Mr Kevan Jones]

I do not disagree with that, but the hon. Gentleman has skirted over the fact that the manifesto on which he stood gave a commitment to remain in the single market. Where is that now?

[Sir William Cash]

It is clear from the wording I read out that safeguarding British interests in the single market applies to the intervening period between the result of the general election, the introduction of the EU Referendum Bill and the referendum itself. Indeed, we are going to have to continue to do that until we get to the later stage.

European Union Bill

Debate between Lord Beamish and William Cash

Tuesday 11th January 2011 Commons Chamber

[Mr Cash]

With the greatest respect, we have already had one intervention from the right hon. Gentleman. Perhaps he would be kind enough to wait.

It would be ironic to say the least if the slogan “Working together in the national interest”, which we saw at our party conference, were to become “Working together against the national interest”. I do not believe that any Member of Parliament or any Minister would agree that the coalition—a “temporary alliance”, according to the “Oxford English Dictionary”—should be employed in any way to pass legislation that would undermine parliamentary sovereignty. Incidentally, I am somewhat appalled at the lack of coverage not of this debate but of the European Scrutiny Committee report when it came out, given the fundamental nature of the issues at stake, and the quality of analysis not only in the report itself but in the evidence given to us by probably the most distinguished constitutional experts in the land.

I will turn first to the constitutional and legal issues that clause 18 raises and which were carefully considered for several weeks by the European Scrutiny Committee, which received evidence on a completely even-handed basis, which, because of the fundamental importance of the issues to our constitution and our democracy, was well worth doing. In the course of the proceedings it became clear that many of the constitutional experts concerned felt that, at the very least, clause 18 was completely unnecessary. The most compelling evidence—the evidence that we received from Professors Tomkins and Goldsworthy, along with a number of others—was that clause 18 was hazardous and dangerous, particularly in the light of the Government’s assertions.

The issue of parliamentary sovereignty has been a matter of fundamental concern, importance and action since the 17th century. However, parliamentary sovereignty acquired a special and fundamental significance with the extension of the franchise in the mid-19th century, from the Reform Act of 1867 onwards—for example, through the Reform Acts of 1885 and 1884—and is undoubtedly the democratic basis of the United Kingdom constitution. However, irrespective of its now democratic basis, parliamentary sovereignty has become increasingly questioned recently—and only very recently—by reason of judicial assertions. Although on the tin, as well as in many repeated statements, we were told—I refer now to my hon. Friends on the Conservative Benches—that we would be getting a sovereignty clause or even a sovereignty Bill, clause 18 is emphatically not a sovereignty clause. For reasons that I will explain, the clause will actually undermine parliamentary sovereignty by encouraging judicial supremacy. The explanatory notes put forward the dangerous notion that parliamentary sovereignty is a “common law principle”, and therefore subject to judicial authority. However, even if the explanatory notes were disavowed on this matter, the problem of judicial assertions relating to parliamentary sovereignty would not disappear.

[Mr Kevan Jones (North Durham) (Lab)]

The hon. Gentleman and his Conservative colleagues stood in the election on a manifesto that said on page 114:

“We will introduce a United Kingdom Sovereignty Bill to make it clear that ultimate authority stays in this country, in our Parliament.”

Is he therefore disappointed that the Government have binned that part of the manifesto that he stood on?

[Mr Cash]

Not disappointed—absolutely appalled.

The sovereignty of Parliament is the most important principle of the United Kingdom constitution, and has been since 1688, as confirmed by constitutional authorities without question until very recently. Indeed, the greatest judge in recent times, the late Lord Bingham, who died only a few months ago, stated in the Jackson case in 2005:

“The bedrock of the British constitution is…the supremacy of the Crown in Parliament.”

I fear that the sovereignty of Parliament is in grave danger, however. There are judges in the Supreme Court whom Lord Bingham himself felt it necessary to name in black and white in chapter 10 of his book “The Rule of Law”, published shortly before his death. He publicly criticised their judgments and their attitude to parliamentary sovereignty. In the Jackson case, Lord Hope, who is now deputy president of the Supreme Court, said that

“parliamentary sovereignty is no longer…absolute”.

He went on to say that, “step by step”, it “is being qualified”. In his view, the rule of law, enforced by the courts, is the ultimate controlling factor on which our constitution is based. Lady Hale, who also remains on the Supreme Court, agreed with Lord Hope.

The fact that that case did not relate specifically to EU law does not alter the fact that the views expressed by Supreme Court judges can be as easily applied to cases involving EU law as to another judicial matter, contrary to the suggestions being put forward by the Minister in evidence earlier. It is not an answer to the question, as the Prime Minister has sought to suggest in a letter to me, for the Minister for Europe to state in his evidence to the European Scrutiny Committee that the Government are not seeking, and have never sought, to provide

“an all-embracing doctrine of Parliamentary sovereignty.”

The Supreme Court justices, who have a process of selection outside the Judicial Appointments Commission, have a significant critical mass of those with profoundly Eurocentric credentials. I mention this because the sovereignty of Parliament, which is a constitutional doctrine of the United Kingdom, is also under threat by virtue of the European Communities Act 1972. The construction placed on legislation emanating from that Act affects the daily lives of the electorate in almost every sphere of present-day activity. According to the Government themselves, such legislation affects at least 50% of all economic laws in the United Kingdom, including those that impose burdens on businesses small and large that, according to the best estimates, have cost £124 billion since 1998.

The threat comes not only from the common law radicalism of such judges but from the EU law itself, which claims constitutional supremacy over member states’ constitutions. We have also seen cases of terrorists appearing to get away with things and people not being deported when they should have been, as well as a whole range of other matters occurring under the European Human Rights Act, which, as I have said, is mirrored by the new charter of fundamental rights in the Lisbon treaty. We are witnessing a vast increase in the volume and impact of such legislation on the British people, and this is resulting in the anxieties I have described. Those anxieties could be allayed by my amendments, however, and it is time for us to turn the tide and make it clear exactly where we stand.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Beamish and William Cash

Tuesday 2nd November 2010 Commons Chamber

[Mr Cash]

Wait a minute. That is so for the very simple reason that many people have a visceral hatred of both parties and therefore think, wrongly, that they are voting for another party that will do them some good—we have a different view about that.

I regard this as a lambs-to-the-slaughter Bill—this is why I insist on the threshold—because of what would happen under these arrangements to a number of Conservative MPs if they were to get less than 50% of the vote, as they did in the last election. I have calculated that 60 Conservative MPs had Liberal Democrats in second place. My sense of friendship for my colleagues suggests to me that putting as many as 60 seats on the line is a very high price to pay for the purposes of something so central to the coalition. The figures I have show that those who would be affected range from my hon. Friend the Member for Watford (Richard Harrington), who got 34.9% of the vote, to my hon. Friend the Member for Romsey and Southampton North (Caroline Nokes), who got 49.7%. All those Members would be largely at risk, although some more so than others, and something will depend on the boundary changes. I cannot understand how my party can make arrangements that take those lambs to the slaughter. This is extraordinary and I would be interested to hear the Minister’s reply.

[Mr Kevan Jones (North Durham) (Lab)]

I am very interested in the hon. Gentleman’s point. I agree that turkeys do not usually vote for Christmas. Does he perhaps think that his leader has a plan for his party that he is obviously not party to?

[Mr Cash]

I have voted consistently against this Bill and I will continue to do so, for the reasons that I have given. It behoves some of us to act both with consistency and in principle against things that were not in our manifesto—in fact, it is the opposite because our manifesto declared that we were not in favour of the alternative vote. Furthermore, there was complete silence on the question of threshold until we received the Bill.