European Union Bill

Anne Main Excerpts

Tuesday 11th January 2011 Commons Chamber

[Charlie Elphicke]

I thank my hon. Friend, and there is much force in what he says. The UK’s destiny is best controlled by the UK. The sovereign Parliament of the UK is the cockpit of our nation’s ship of destiny—that is absolutely clear.

[Mrs Anne Main (St Albans) (Con)]

My hon. Friend makes a powerful argument. Many Conservative Members have been concerned about influence creep over the years. When we were in opposition, we were unable to do anything about that. Now is the time to be tight and specific in the influence that we have on European legislation.

[Charlie Elphicke]

My hon. Friend makes a powerful and correct point. There is concern in this House that it does not control the laws of the nation, because so many laws come from Europe. That brings me to my key concern.

--- Later in debate ---

[Charlie Elphicke]

I pay tribute to my hon. Friend, with whom I agree on so many matters about the European Union. However, I regret to say that we must part company on the subject that we are discussing.

My hon. Friend prayed in aid Professor Tomkins, who gave written evidence, which stated:

“The doctrine of the sovereignty of Parliament is better understood as having its legal source in judicial recognition of political fact rather in the common law.”

I am not sure whether that is right. I do not see it as “political fact”, rather as an important constitutional principle, which underpins—and has underpinned—all our dealings since at least the time of the Bill of Rights. Professor Dicey certainly gave voice to it.

Professor Tomkins continued:

“Neither clause 18 nor any other provision in the Bill safeguards the United Kingdom from the further development of EU law by the European Court of Justice.”

That is true. The European Court of Justice is a highly judicially activist court, but it does not have authority in the UK directly through our membership of the EU. Its judgments have effect in the UK in interpreting European law because we have, as a Parliament, voted to pass that European law.

That takes us back to whether we need to state that the UK Parliament is sovereign, and to whether the codification of a constitutional principle, which is well understood and to which the courts have adhered time and again, is necessary. I think not. However, I think that we should be more honest, realistic and straightforward about what really concerns us: the fact that we have too many laws from Europe. There are too many interventions in relation to the Human Rights Act, which causes too many problems and too often gives the sense to many of my constituents that the innocent are punished and the guilty go free. That is shocking. Time and again, constituents approach us to express those concerns.

[Mrs Main]

Does my hon. Friend accept that we promised a sovereignty Bill because of the very concerns that he has just outlined? People felt that our country was not sovereign and therefore the Conservatives stood on a manifesto of trying to assert that sovereignty. That is why some of us are worried about the woolliness of clause 18.

[Charlie Elphicke]

We stood on a manifesto that stated that we would rework our relations with the EU and that we would conduct a renegotiation. Of course, we are sovereign. I repeat that it is clear that we are codifying the UK’s position as having a sovereign Parliament, and it is this place’s choice to remain in the EU. I believe that we should reconsider the number of our laws that come from the EU. We should take back some particular positions. That reflects the manifesto on which I stood. I regret that the election ended without our having a majority to allow that to happen.