EU Exit Day Amendment

Adam Afriyie Excerpts

Wednesday 27th March 2019 Commons Chamber

[Sir William Cash]

Absolutely. I do not need to dilate on that question at all; I am simply using it as a point of reference. The draft regulations contain unlawful sub-delegation.

[Adam Afriyie (Windsor) (Con)]

If what my hon. Friend says turns out to be the case and the Government did take the decision unlawfully or outwith the scope of this place, what would be the consequences?

[Sir William Cash]

The regulations are not binding and they are invalid in law—it is as simple as that. This is a serious matter. Let us view the question from the point of view of people listening to this debate outside Parliament. This is not just a question of process. It is about the fact that as I speak, under the provisions of the European Union (Withdrawal) Act, we intend to repeal the European Communities Act 1972 on exit day, which is 29 March. That is the law of the land, subject only to this rather esoteric question about the commencement order, which can be resolved in 30 seconds by a Minister coming to the Dispatch Box and saying, “This commencement order is now in force.” It is as simple as that. It does not require anything more than that.

We are talking about something that goes to the heart of the referendum decision itself—the democratic decision of the British people—which was that they wanted to leave the European Union. By the way, the House of Commons voted by 499 to about 120 for the European Union (Notification of Withdrawal) Act. It also voted for the European Union Referendum Act 2015 and gave the British people the right to make that decision. Contrary to the rubbish I hear all over certain parts of the House—that somehow or other remainers in Parliament have a right to take back that decision from the people—it was given to them and 17.4 million made it. This Parliament has no right to take it back from them.