Taxation (Cross-border Trade) Bill

Debate between Bernard Jenkin and Desmond Swayne

3rd reading: House of Commons & Report stage: House of Commons
Monday 16th July 2018 Commons Chamber

[Sir Desmond Swayne (New Forest West) (Con)]

Will my right hon. Friend give way?

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

Will my right hon. Friend give way?

--- Later in debate ---

[Sir Desmond Swayne]

rose—

[Sir Bernard Jenkin]

rose—

European Union Bill

Debate between Bernard Jenkin and Desmond Swayne

Monday 24th January 2011 Commons Chamber

[Mr Jenkin]

I thank the hon. Gentleman for that, because it is the only other argument against amendment 11. He is saying, “You don’t need to bring a decision to the House of Commons, because you can’t get a treaty change without an Act of Parliament and the whole issue can be dealt with then.” However, that is an argument against clauses 2, 3 and 4. What is the point of the Bill? The point of the Bill is to bring matters to Parliament or to the people for decision before we legislate to enact a new treaty change. If the Government and the Committee do not accept amendment 11, which would transfer a decision from the courts to the House of Commons, why are we bothering with the Bill at all? The hon. Gentleman makes an argument against the Bill.

[Mr Swayne]

My hon. Friend will recall that we did not get a referendum on the Lisbon treaty because the House decided that we would not have one. I am entirely with him, and I much prefer in principle for decisions to be made by the House of Commons rather than the courts, but frankly, in that previous case, I have no doubt that the courts would have granted us a referendum when the House denied us one.

[Mr Jenkin]

I should point out that the only reason why we are not having a referendum on the Lisbon treaty is that the Government decided to persuade their supporters not to have one. My hon. Friend is exactly right that the House of Commons decided not to have a referendum. In the next Parliament, however, the House could decide to repeal the Bill when it is an Act of Parliament. It could decide to overturn a Minister’s decision, or it could accept a Minister’s decision, introduce a Bill to ratify a new part of the treaty, give all sorts of reasons why there should not be a referendum and put that into the Bill. The Bill is no guarantee of a referendum. It creates an expectation that there should be referendums, but that is all it does—it generates a political expectation.