European Union (Withdrawal Agreement) Bill

Angus Brendan MacNeil Excerpts

Committee stage & Committee: 2nd sitting: House of Commons & Committee: 2nd sitting
Wednesday 8th January 2020 Commons Chamber

That consent came from this House. The reason clause 38 is so important is that a different period is about to commence. Since 1972, all the way up to 2019, Parliament has consented to the rule-making powers and machinery of the European Union through the European Communities Act. Once we are out of the implementation period, all the rules that affect the people we govern will be made in this House. We will make promises when we stand for election; we will implement them to the best of our abilities; and then we will stand on that record. Every point is subsidiary to that. Everything we have heard about future trade deals will follow on from the principle of sovereignty and the direct democratic accountability that happens in this House when we stand for election, when we speak and when we return. That will not be the case, however, during the implementation period.

[Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

I ask the hon. Gentleman to imagine a scenario in which the United Kingdom has a trade deal with America and this Parliament decides that it is going to say no to genetically modified or hormone-treated beef. How free and how sovereign does he think this Parliament will be in such a scenario? It will not be.

[Robert Courts]

I am grateful to the hon. Gentleman for his intervention, because he illustrates precisely the point I am trying to make, which is about the nature of sovereignty. Sovereignty is held in this place, which makes the law and is the superior governing body. If there is a trade deal with the United States, the electorate will have a chance at the next election to have their say on whether they agree with it. If the hon. Gentleman’s or any other party wishes to change it, they can say so in their manifesto and stand for election accordingly. If elected, they will be able to enter negotiations to change it.

[Angus Brendan MacNeil]

The hon. Gentleman is being very generous in giving way; I am grateful to him. Of course, a trade agreement requires a dispute resolution mechanism, and we currently have the European Court of Justice. When and if there is a trade deal with America, the dispute resolution mechanism will give away sovereignty and we will be back to square one.

[Robert Courts]

No, that is a misunderstanding of the nature of a trade dispute body. Every treaty has to have some sort of dispute resolution—the hon. Gentleman is quite right about that. If there is a trade deal with the United States or any other body, there will of course be a trade dispute resolution, but it will adjudicate on the terms of the agreement approved in this House. The major difference with the ECJ is the one to which I have already referred: its judicial activism. It creates law that is over and above and has to be applied by this House, whereas when law is made by our domestic judges, this House can enact legislation to override it.