Privilege: Conduct of Right Hon. Boris Johnson
Debate between Chris Bryant and William Cash(1 year, 5 months ago)
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Sir Chris Bryant
The right hon. Gentleman is absolutely right. I have looked around for some parallels for what can be done about a Member who has already left the House by the time the Privileges Committee, the Standards and Privileges Committee, the Standards Committee or the Independent Expert Panel has adjudicated. The only one I can find is Sir Michael Grylls, the former Member of Parliament for North West Surrey, who was involved in the Ian Greer-Mohammed al-Fayed cash for questions row in the 1990s. He stood down in the 1997 general election so he was not an MP by the time the Standards and Privileges Committee reported on him. It said, categorically, in relation to the question of whether lying to Parliament is a contempt that
“Deliberately misleading a Select Committee is certainly a contempt of the House…Were Sir Michael Grylls still a Member we would recommend a substantial period of suspension from the service of the House, augmented to take account of his deceit.”
That is precisely, following precedent, what the Privileges Committee has done in its report. The truth is that Mr Johnson, as Prime Minister, was a senior and long-standing Member of the House. It was not the first time he got into trouble with either the standards system in the House or the rules. He has shown absolutely no contrition. He chose to attack, intimidate and bully the Committee, which could indeed be a breach of the rules in itself. Everything he did fell far, far short of the standards that this House and the public are entitled to expect of any Member.
I just want to say a few words about the process. The House has always claimed, as the Leader of the House said in her excellent speech, exclusive cognisance; that is to say, apart from the voters and the criminal law, the only body that can discipline, suspend or expel a duly elected Member of the House is the House of Commons in its entirety. I still hold to that principle. It is why any decision or recommendation to suspend or expel a Member that comes from the Standards Committee or the Independent Expert Panel has to be approved by the whole House. It is also why the only way to proceed when there is an allegation that a Member has committed a contempt of Parliament, for instance by misleading the House, is via a Committee of the House and a decision of the whole House. That is why we have to have the motion today and had to have the Committee on Privileges. It cannot, I believe, be a court of law. It has to be a Committee of the House. I do not think some commentators have fully understood that, including Lord Pannick and some former Leaders of the House.
I say to those who have attacked the process that they should be very careful of what they seek. There are those who would prefer lying to Parliament to be a criminal offence, justiciable and punishable by the courts, but that would drive a coach and horses through the Bill of Rights principle that
“freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament.”
So I am left feeling that those who attack the process simply do not believe that there should be any process for determining whether a Member has lied to the House. As I have said before, I kind of admire the personal loyalty, but I dislike the attitude because it is in effect an excuse for appalling behaviour.
Sir William Cash
I am most grateful to the Chairman of the Standards Committee. He and I took part in the debate, as he will well remember perhaps, on 21 April 2022. I raised the question of “knowingly misleads” because it was not included in the original motion, which was then passed, which led to the reference to the Committee on Privileges. In the course of the debate, I raised—I think with him directly, but he certainly made the remark, for which I pay credit—the fact that intention is at the heart of this question. If we knock out the word “knowingly”, we knock out the intention as well and that is a fundamental question of process on which I will, if I catch your eye Madam Deputy Speaker, want to refer.
Sir Chris Bryant
I am going to ferociously agree with the hon. Gentleman. I said earlier that Mr Johnson knowingly lied to Parliament and that is what the Committee has concluded. There was a point at which people thought they would only consider “recklessly” but they found that he knowingly, with knowledge aforethought, misled Parliament and was deliberately duplicitous. I think the hon. Gentleman’s point is destroyed—
Sir Chris Bryant
If the hon. Member for Stone (Sir William Cash) does not mind, I will give way to another Member.
Sir Chris Bryant
I am wrong; I apologise. However, it is certainly the case that the whole House agreed that membership, fully knowing everything that had been said up until that moment. Three members of the Committee had sat on a previous case in relation to Mr Johnson that came to the Standards Committee. The Parliamentary Commissioner for Standards had found against Mr Johnson, but we, the Committee, found in his favour. I therefore do not think that this was in any sense a biased Committee. Let me also say that anyone who thinks that Speaker’s Counsel, or, for that matter, Sir Ernest Ryder, who ran the whole of the tribunals service in England and Wales, would not stand up for a fair hearing and due process is misleading themselves, and doing so almost recklessly.
Sir Chris Bryant
I am tempted not to give way to the hon. Gentleman. I am very hopeful that he will have an opportunity to speak to the House fully a bit later.
Some people have attacked the process for a different reason, and I understand the nature of that attack. They say that Johnson won a general election, and they argue that only voters should therefore be allowed to remove him from office. I passionately disagree with that view, because I hold a different understanding of democracy. It
“does not mean, ‘We have got our majority, never mind how, and we have our lease of office for five years, so what are you going to do about it?’ That is not democracy, that is only small party patter, which will not go down with the mass of the people of this country.”
Members may recognise those words. They are not mine; they are Churchill’s, addressed to the Labour Government in 1947. He went on:
“there is the broad feeling in our country that the people should rule, continuously rule, and that public opinion, expressed by all constitutional means, should shape, guide, and control the actions of Ministers who are their servants and not their masters.”—[Official Report, 1 November 1947; Vol. 444, c. 206-7.]
I agree, and that is why I think it important to note that public opinion on this matter is extremely clear. Most people think Johnson lied. A few of them do not think that that matters very much, but most of them do. Most of them think that Ministers who lie should be removed and punished, and being truthful is the one quality that they seek above all else in a Member of Parliament.
Harold Wilson said, in a debate in the House when John Profumo had just been forced to resign for lying:
“The sickness of an unrepresentative sector of our society should not detract from the robust ability of our people as a whole to face the challenge of the future. And in preparing to face that challenge, let us frankly recognise that the inspiration and the leadership must come first here in this House.”—[Official Report, 17 June 1963; Vol. 679, c. 54.]
Leadership means taking a stance. Abstention is a failure of leadership. I believe that today is a good day for democracy. We have remarkably few checks and balances in our system, and the only real check is the collective conscience of the Members of this House. That is the burden of our elected office, and I pay tribute to Conservatives, and people of every party, who have had to face a difficult decision in relation to this. We exercise our conscience on behalf of our constituents. Edmund Burke said that the most important thing we owe our constituents is our conscience. Thereby we tarnish or we burnish the reputation of Parliament. So let us assert today that no one is above the law and the rules apply to all, because every abstention is another excuse. I repeat Wilson’s words: the leadership must come first here in this House.
Sir William Cash (Stone) (Con)
The original motion, which was discussed on the Floor of the House on 21 April 2022, in which debate both I and the hon. Member for Rhondda (Sir Chris Bryant) happened to speak, should never have been allowed through by default, as I said at the time. I cannot understand how it happened and I have never had a proper explanation. What I do know, as I said earlier to the hon. Member, to others and to the Chair of the Committee, is that it uses the word “misleading” but not the words “knowingly misleading”. There is a vast difference. It is about intention. It is about whether or not Boris Johnson could have lied. That is the crucial issue.
I put down an early-day motion immediately after the Privileges Committee produced its process report, on 21 July 2022. The Committee itself drew attention, as I have, to the divergence from the established convention of deliberately or knowingly misleading the House—I made that point; I am afraid the Committee did not—as set out in the unanimously agreed 1997 resolution of the House on ministerial accountability. My motion therefore called for the 21 April motion to be rescinded. I have not changed my mind, especially as the proceedings have unfolded. My concern is also that the procedure followed has pursued a course that could even tend to undermine democratic and ministerial accountability because that is contained in, fundamentally, a unanimous resolution of 1997, which is still very much alive and kicking. Every day, the words “knowingly misleads” apply to Ministers who speak from the Dispatch Box. It was well said by the great constitutional lawyer Maitland that
“justice is to be found in the interstices of procedure.”
Thus, the procedures should reflect natural justice and the right to fairness in proceedings. I know that the Chair of the Privileges Committee has chaired the Human Rights Committee. One of the most fundamental questions in relation to the Human Rights Act 1998 and the European convention on human rights is fairness in proceedings and trials.
The Committee of Privileges is uniquely concerned with personal accusations and complaints, as compared with all other Select Committees, which concentrate largely on departmental policy. Natural justice therefore requires cross-examination by counsel. The rule of law requires that, where there is an accusation of misconduct or of lying, particularly by Members of the House, an individual should be entitled to have his counsel cross-examine the evidence and obtain the names of potential witnesses. Indeed, counsel can be heard in person with the leave of the House and I truly believe that the Committee of Privileges could and should have proposed that itself.
I have already dealt with the question raised earlier with respect to the admission. I pay tribute to the hon. Member for Rhondda for saying in the debate on 21 April 2022 that “intention” is essential. I am glad that he reconfirmed that point today. In my view, intention cannot be excluded by any presumption of strict liability. That, as I understand it, was considered by the legal adviser to the Committee and he came to the view that strict liability applied. I do not agree, but that is a personal view and it is a view that I take as a lawyer. I do not think that strict liability is consistent with ensuring that the word “intention” is applicable in such circumstances.
Sir Chris Bryant
I have two very quick points. The hon. Gentleman has referred to motions of the House. He will be aware that there is also a motion of the House that says that a Member will always represent themselves and not be represented by legal counsel. Therefore, if we are going to barter off motions, that is also the will of the House universally expressed. However, the bit I really cannot understand is why he goes on about this intentionality point, when page 7 of the report says that Boris Johnson was guilty of contempt by “deliberately misleading the House”. That is intentionality. They have proved it.
Sir William Cash
I will leave that for a moment. I have more to say on that very question.
Only by cross-examination of witnesses can truth be properly established. The 1997 resolution went through unanimously after a series of many Select Committee reports in the 1990s following the arms sales to Iraq saga. There were intensive cross-party discussions and, eventually, John Major and Tony Blair insisted on the words, “knowingly misleads” in the resolution that was unanimously passed; the House agreed to it. That resolution, as I have said repeatedly, prevails to this day. Therefore, no Minister shall be expected to resign, or be forced to resign, unless that can be proved.
The motion of 21 April deliberately left out the word “knowingly”. It was a Labour bear trap for Boris Johnson and the Government. Changing this fundamental principle through a new precedent would, in my view, affect all Governments and democratic accountability in future, and would, incidentally, apply to civil servants, who are also governed, under the civil service code of conduct, by the words “knowingly misleads”. They are the people who have to put together the answers to the questions that are raised on the Floor of the House and, for that matter, in speeches, too.
Referral of Prime Minister to Committee of Privileges
Debate between Chris Bryant and William Cash(2 years, 7 months ago)
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Chris Bryant
I would normally agree with the hon. Lady on these kinds of things, and I sort of would have agreed with her last night, but I think we are getting to a better place now. In a sense, sometimes the Back Benchers persuade the Front Benchers of a better course of action—I am looking intently at the Government Chief Whip at the moment.
As the Clerk advised in the case of whether Stephen Byers had misled the House on a single occasion in 2001:
“In order to find that Mr Byers committed a contempt in the evidence session of 14 November 2001, the Committee will need to satisfy itself not only that he misled the Sub-Committee, but that he did so knowingly or deliberately.”
As I said, that is quite a high bar, but it is for the Privileges Committee to decide that.
Sir William Cash
I am grateful to the hon. Gentleman, because what he just said is what I was going to raise with him. The “Ministerial Code” says that it is open to a Minister to correct
“any inadvertent error at the earliest opportunity. Ministers who knowingly mislead Parliament will be expected to offer their resignation to the Prime Minister”.
The question rests on “knowingly”, and I am grateful to the hon. Gentleman for making that point clear.
Code of Conduct: Consultation
Debate between Chris Bryant and William Cash(2 years, 11 months ago)
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Chris Bryant
I am not sure whether the hon. Member means a statutory footing, as in putting it in a piece of statute law. It might be a relevant change to Standing Orders. If she wants to make that recommendation to our Committee, I am sure we would listen to it.
Sir William Cash (Stone) (Con)
On the issue of natural justice and a fair hearing, as I have said several times recently, all Members of the House, because of article 9 of the Bill of Rights 1689, are treated differently from every other citizen in the country. I welcome the consultation, but in regard to paragraphs 196, 243 and 244 of the report, will the Chairman accept that there must be full and proper consultation before any judicial figure is appointed, and therefore before his or her report comes about? Otherwise, we will have a prejudgment on the question of fairness, article 6 and all that goes with it and the issue of a fair trial with Members. The person in question must be approved by the House by resolution, and the House must not be bounced.
Chris Bryant
No, I disagree with the hon. Member. There is an issue about appeals, but it is not as simple as he would like to have us suppose. At the moment, a Member who has been found in breach of the rules by the commissioner can effectively appeal to our Committee. They can appeal on any basis whatever—no formal ground of appeal needs to be advanced. We might go to a more formal process, but that might limit a Member’s right to appeal; they might be allowed to appeal only on certain fixed grounds, as happens in most other appellate bodies. Members might think that that ended up leaving them in a worse position, rather than a better one. It is for our Committee to decide who we appoint to advise us. That is the standard way in which every Select Committee of the House works. If the person we are thinking of and are trying to secure ends up taking up the post, I am sure the hon. Member will be happy with the appointment.
Committee on Standards: Decision of the House
Debate between Chris Bryant and William Cash(3 years ago)
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Chris Bryant (Rhondda) (Lab)
Thank you, Mr Speaker. First, I want to congratulate the hon. Member for North East Fife (Wendy Chamberlain) on securing this debate. Secondly, I want to thank all the members of the Standards Committee. As the House can tell, we do not always agree on everything in the Committee. The hon. Member for South Leicestershire (Alberto Costa) is absolutely right to say that he has often raised process issues. I think he would also confirm that, quite often, the legal advice that is provided to the Committee by the House has disagreed with him very strongly. There are legitimate issues that we have to address, and that is why we are engaged in a code of conduct review. I take his points very seriously, and I have spoken to him many times on the phone, as he has said. He sounded a bit angrier with me in the debate just now than I think he really means. I am grateful to everyone on the Committee.
Let me start with a very simple point. I do not think we do ourselves any favours if we say that voters do not care about standards in public life. I do not know whether they care or not; I suspect that they do, but I do not know for certain and the opinion polls vary on this. We have always prided ourselves as a country on not being corrupt, unlike some other countries in the world, but that is not really the point. The question is not whether Mrs Jones at No. 32 cares about standards in Parliament; it is about whether we care about standards in public life and in Parliament. Every time we say that this does not really matter or that voters do not care about it, we give another excuse for bad behaviour.
I might also say that those of us who are MPs at any one time only hold our place here on trust. Sorry, this is going to sound a bit pious, but I think it is true none the less: we have a duty, not just to our constituents, but to the nation, and not just to this generation of voters, but to future generations of voters, to protect the reputation of Parliament rather than undermine it. Parliamentary democracy based on universal suffrage has not been around all that long; it has not even managed 100 years yet. It is a precious thing, and we need to defend it.
My second point is that independence is central to any standards system for the House. Anyone involved in a disciplinary process, either as a defendant or a complainant—we must remember that quite often there are complainants, many of whom are victims—needs to be completely assured that those involved in adjudicating the matter will always approach the decision with a fair and open mind, without fear or favour. That is what all 14 members of the Standards Committee seek to do.
That is why it is a breach of the code for any Member of the House to seek to lobby a member of the Standards Committee. We must be allowed to do our work without any interference. Sadly, as I have told you before, Mr Speaker, over the past 12 months I have been lobbied repeatedly by a significant number of hon. Members about their own or other Members’ cases. I have always sought to be polite, but extremely robust in response. I apologise if I have seemed rude, but this is an important part of maintaining the independence of the House and of the system.
The same applies to Whips. Some of my best friends are Whips—to get the confession in early—but I gently urge Whips to exercise a self-denying ordinance when it comes to Standards Committee reports, as has always been the case in every single instance in the past. Of course there are matters on which the Government have an understandable interest—matters of policy and finance—but it is inappropriate for anyone to whip House disciplinary matters. By definition, that turns our decision into a political one rather than a quasi-judicial one. Government should serve the House in standards matters, not the other way around.
The independence of the Parliamentary Commissioner for Standards is also vital. She must be able to get on with her work without being repeatedly attacked, briefed against, lied about, shouted at, bullied, threatened or generally undermined. I think I am quoting a former Government Chief Whip when I say that the recent campaign against her has been very unedifying. It has been worse than that—it has been cowardly and unfair.
I honestly think the Chancellor of the Duchy of Lancaster should have apologised not just for last week, but to the Parliamentary Commissioner for Standards. That would be the right, gentlemanly thing to do. May I, on behalf of, I think, the whole House, apologise to the Parliamentary Commissioner for Standards for what she has been put through in recent days?
I want to address the question of due process and ensuring a fair hearing. It is an important distinction that we on the Standards Committee are not a court of law. Indeed, there would be dangers if we were to become a court of law that we would all have to be legally represented. That might lead to a process that benefited the wealthy, who could afford lawyers, over those who could not. We are a Select Committee of the House, and sometimes we deal with matters that are really rather minor and that we would not want to bother a judge with, such as the use of parliamentary stationery.
I want to make it absolutely clear, however, as Speaker’s Counsel did repeatedly as we went through both this investigation and every other investigation since I have been Chair of the Committee, that we have bent over backwards to ensure that any hon. Member gets a fair hearing. Due notice of the charges has always been ensured, as has a full opportunity to put one’s case in writing and/or in person, a chance to make arguments in defence or in mitigation and the right to appeal the commissioner’s findings to the Committee. There is a right of appeal—it is an appeal to the Committee. Every lawyer I have seen comment on our process who has read the report has said that it was an entirely fair one, and of course we have taken legal advice throughout. Let me just quote from one—
Chris Bryant
I will give way, but before I do, let me say that the hon. Gentleman made a speech last week, and he has repeated this point today, about the additional measures available to us in the Standing Orders, but he should understand that those panels are there only where there are disputed facts. In this case, there were no disputed facts at all. So the point that I suspect he is about to make is completely otiose.
Sir William Cash
First, I would refer the hon. Gentleman to appendix 2, set out before the Committee by Mr Paterson. Secondly, let me make the simple point that when the Committee in 2003, which was composed of only three Conservatives, six Labour and two Liberal Democrats, decided on the investigatory panel, this was what was said:
“The proposal for an Investigatory Panel—
which is for serious, contested cases, as this one clearly is—
“is designed to deal with cases (expected to arise only infrequently) which…meet both the following criteria:
proof of the complaint would be likely to lead to the imposition of a serious penalty on the Member; and
there appeared to be significant contested issues of fact which would not properly be decided unless the Member was given the opportunity to call witnesses and/or to cross-examine witnesses supporting the complaint.”
The hon. Gentleman obviously does not agree with me on that, but the facts speak for themselves; there are seriously contested facts and they are disputed.
Committee on Standards
Debate between Chris Bryant and William Cash(3 years ago)
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Chris Bryant
I will not, if the hon. Member does not mind. I want to conclude my remarks; I am sorry. He has already caught Mr Speaker’s eye.
We are close to agreeing a report on how we can improve the system. I would also say that the suggested process will keep this running for yet more months. I agree with the Leader of the House: I hate investigations that take a long time, but I will point this out gently. The commissioner was, I think, right to suspend her investigation on the right hon. Member for North Shropshire after his wife’s death. It was only once his lawyers said it was okay to restart that she initiated it again. All the delays in the process have been down to his seeking further extensions of deadlines, and we have always sought to meet those. I think it is inappropriate to keep it going any further.
I also draw a distinction between an appeal on the facts, which we have heard, and an appeal on the sanction. It may be right that there should be an appeal process on the sanction. That is not the process that we have adopted with any other Member thus far, and that is why I think it is wrong to confuse changing the process with the case in hand. It is, as I said earlier, by definition wrong to change the process at the very last moment.
The Committee also says in the report:
“A Member is entitled to contest, even vigorously contest, the Commissioner’s interpretation of the rules and her findings. We do not mark down any Member for doing so.”
The aggravating factor in this case was a lack of insight into a conflict of interest, not a lack of acceptance of breach. I will say this to the Member: this could have been very different if you had come to us and said, “I am sorry. I was trying to do the right thing, but I got it wrong. I want the House to uphold the highest standards, and I accept the reprimand and the sanction. I hope my constituents will deal kindly with me.” The danger is that, if the amendment is carried, his name will become a byword for bad behaviour.
Let me end with this. I hope all Members know that I care passionately about Parliament. The vast majority of Members are here to do good. We make significant sacrifices, as our partners know. We make a big difference, often on campaigns that have no party issue in them—indeed, I hope the House will support my Acquired Brain Injury Bill on 3 December. [Interruption.] I think that was unanimous, Mr Speaker. But if the public believe that we are marking our own homework, our reputation, individually and collectively, will be tarnished. Independence is essential to protect us. A Conservative MP said to me yesterday:
“There have been times when I have been ashamed of being a Member of this House, I don’t want to go back to that.”
Of course, as Chairman of the Committee, I remain a servant of the House, but I also have to look at the public. They want the House to uphold the highest possible standards. Nobody can be above the rules. It is the public who should judge this, and I fear they will find us all wanting if the amendment is carried today. I warn colleagues, with all my heart: do not do something today that we will rue in the future.
European Union (Withdrawal) Bill
Debate between Chris Bryant and William CashWednesday 20th June 2018
(6 years, 5 months ago)
Commons ChamberRead Full debate European Union (Withdrawal) Act 2018 View all European Union (Withdrawal) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Commons Consideration of Lords Message Manuscript Amendments (PDF, 9KB) - (20 Jun 2018)
Sir William Cash
There is just one fundamental point that I would like to make about this debate, which is that the decision that was taken in the European Union Referendum Act 2015—by six to one in the primacy of this House of Commons and in the House of Lords, which endorsed it—was to accept that the people of this country, not 650 Members of Parliament, would make the decision in the referendum. I need say only one word about this: our constitutional arrangements in this country operate under a system of parliamentary government, not government by Parliament.
Chris Bryant
When I was training to be a priest in the Church of England, my professor of systematic theology was called John Macquarrie. He would say that he was often asked by parishioners, “What is the meaning of God?”, but that actually the far more important question is, “What is the meaning of meaning?” To be honest, it feels as though that is what this afternoon’s debate and last week’s debate have been about: what is a meaningful vote?
The first point is that a meaningful vote is surely not one that is meaningless. We had a meaningless vote on Monday afternoon after the SO24 debate. It was meaningless because we were voting on whether this House had considered the matter of the Sewel convention, and even if every single Member of the House had voted against that, we would none the less have considered the matter. This is exactly what we do with statutory instruments as well: we vote on whether we have considered the matter. The Government’s motion will require the Government—not allow them but require them—to table a neutral motion.
I disagree with the hon. Member for North East Somerset (Mr Rees-Mogg), who said that the vote in 1940 was on the Adjournment. It was not—it was on whether this House should adjourn for a successive number of days, and it was an amendable motion that would have had effect—
European Union (Withdrawal) Bill
Debate between Chris Bryant and William CashTuesday 14th November 2017
(7 years ago)
Commons ChamberRead Full debate European Union (Withdrawal) Act 2018 View all European Union (Withdrawal) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 14 November 2017 - (14 Nov 2017)
Sir William Cash
I want to start by simply outlining that, contrary to what the hon. Member for North East Fife (Stephen Gethins) has just suggested about there being weak arguments for why we should leave the EU and repeal the European Communities Act 1972, it is absolutely essential that we do so if we are going to have a self-respecting, self-governing democratic country. The Bill and this whole issue are about one main question, namely democracy, which is what everything else necessarily flows from. All the economic arguments and questions relating to trade and other matters are ultimately dependent on the question of whether we have the right to govern ourselves in this sacred House of Commons. That is the basis on which the people of this country make decisions, of their own free choice, in general elections—whether it is to vote for the Labour party, the Liberal Democrats, the SNP or the Conservative party—and then a decision is made in this House as to how they will be governed.
I repeat what I have said: we have just had Remembrance Day. I simply want people to reflect for one moment on the fact that those millions of people who died in both world wars died for a reason. It was to do with sustaining the freedom and democracy of this House.
Chris Bryant (Rhondda) (Lab)
Does not democracy presume that a Government would listen to the will of the House of Commons, whose Members are individually elected by their constituencies? Would it not be slightly odd, therefore, to proceed with the Bill without taking out the Henry VIII powers?
Sir William Cash
Put simply, on the European Union Referendum Act 2015, which was a sovereign Act of this House—the point that the hon. Gentleman has just made—the House of Commons agreed, by six to one, that it would deliberately transfer to the people the decision whether to leave or remain in the European Union. Unless that Act is repealed, I do not believe that that decision should be returned to by the House.
Standing Orders (Public Business)
Debate between Chris Bryant and William Cash(9 years, 1 month ago)
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Chris Bryant
I will try to keep it lively, Madam Deputy Speaker, but I might fail.
My hon. Friend the Member for Stalybridge and Hyde (Jonathan Reynolds)makes a good point. I agree with him and with some of the points that the Leader of the House has made. I believe that England needs a distinctive voice in this Parliament and I personally have no objection whatsoever to an England-only Committee to do the line-by-line consideration of legislation that applies only to England. However, like the McKay commission, I believe that there is a real danger when a veto is given to English MPs only, as that creates two tiers of MPs.
There is a further problem. As McKay points out, if the Government or the whole House feel at some point that they have to override English MPs, which is perfectly legitimate, it should be absolutely clear that that is what they have done. The whole House or the Government would then take the political risk, just as the Government would take it on the head if they appointed a Welsh MP to a post that involved largely devolved responsibilities.
Sir William Cash
I am grateful to the hon. Gentleman for giving way, as I am aware of the time constraints. He has sympathy with the approach, but does he not appreciate that it originated in 1997 when I tabled an amendment on similar but much shorter lines—only seven lines long—to deal with the problem? At the end of the day, this is not about different classes of MP but about different functions conferred under the process of devolution.
Chris Bryant
I am not so sure. At first sight, the hon. Gentleman’s suggestions seem perfectly sensible, but I have often found when I examine them a little more carefully that they do not really work in practice. He is nodding his head; he agrees.
Justice and Home Affairs Opt-out
Debate between Chris Bryant and William Cash(10 years, 7 months ago)
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Mr Cash
Indeed, and not only that. Those people are no longer able to have recourse to our courts system in the same way that they would have done because the European Court of Justice, once it has made an adjudication and a judgment, binds our Supreme Court. Moreover, under section 3 of the European Communities Act 1972, it also binds this Parliament. That is why, with respect to the charter of fundamental rights, we said in a report that we published only last week that the situation was so serious. We voluntarily entered into the Act in 1972, and I emphasise the word “voluntarily” because what is entered into voluntarily can be adjusted later. Those two features led us to conclude, in respect of the conflict on the perception of the charter of fundamental rights, that the then Prime Minister, who specifically stated on 27 June 2007 that it was absolutely clear that the charter of fundamental rights was an opt-out, was wrong. Furthermore, he was not only wrong but, in effect, contradicted by the Attorney-General of the time when he gave evidence to us only a few weeks ago.
The consequence of this, which is extremely serious, is that we have an Act of Parliament that is covered in confusion, with some judges saying one thing and other judges saying another. As there is no doubt that the charter applies to the United Kingdom, the only way of dealing with this is not, with respect to my right hon. Friend the Secretary of State for Justice, by having another legal challenge, as he proposes, but by amending the 1972 Act, because the situation is so serious that we have to bring in primary legislation in order to get it right in the interests of the people of this country. All the rights contained in the charter overlap with rights of the sort that people in this country, as citizens of the United Kingdom, would expect to be accorded to them. These are the kinds of matters that arise in respect of what we are considering as a result of the whole question of the 35 measures.
Chris Bryant
The hon. Gentleman is right. One of the key issues now is how many opt-ins there should be. I would probably err on the side of there being more than 35. He probably errs on the side of there being fewer than 35. The Commission might want to say that there have to be 53, or none. Who knows what the end result of all this will be? What I do not understand—perhaps he will be able to explain it, because he knows the Home Secretary’s mind better than I do—is why on earth the Government would not want an amendable motion to be presented to the House before they start the negotiation so that they know beforehand that they have Parliament behind them.
Mr Cash
I am rather attracted to the idea of an amendable motion. Indeed, in effect, I have just said so myself. If we have a vote beforehand, the coalition Government will know what Parliament thinks.
The Home Secretary clearly indicated that the Government must have a free hand in entering into these negotiations. In an intervention, I mentioned the complications involved in this and its rejection, or apparent rejection, by several countries. I referred to Spain, Germany, France and Holland, and there are others that say that the matter should be put to a referendum. The situation is so complex, and running so far into the sand, that it would be a good idea, in these very special circumstances, to discuss the question of a block opt-out. It is very important that Parliament should be given the opportunity to vote on an amendable motion before the negotiations are concluded. It is particularly important as we get down to discussing the finer detail of precisely what should be done in the interests of fairness, liberty and justice for individual citizens, who will be bound by these Court decisions against which there will be no appeal. Unless this is subject to an amendment of the 1972 Act, there will be no way of retrieving the situation to protect those citizens.
2014 JHA Opt-out Decision
Debate between Chris Bryant and William Cash(11 years, 4 months ago)
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Mr Cash
Indeed, and I personally take that view, which lies at the heart of the matter that I raised with the right hon. Member for Leicester East. The expression “judicial authority” leaves a great deal to be desired and has given rise to a lot of problems not only in this country but elsewhere throughout Europe. It is not just a question of whether we adjust our domestic law in certain respects, but of whether the European arrest warrant can properly fulfil the judicial role allocated to it. As I said earlier, other matters such as dual criminality must also be considered. Many questions looked at in 2001 were, as the shadow Home Secretary knows, considered by the European Scrutiny Committee, although she was not over-anxious to go into the detail. No doubt she will when she has an opportunity to come back into the Chamber, and she is very welcome to do that later on.
As the right hon. Member for Leicester East said, the original motion was withdrawn but it did not mention the role in this process of the European Scrutiny, Home Affairs and Justice Committees, despite repeated promises that those Committees would be consulted. There were also undertakings that we would be given explanatory memorandums on measures covered by the opt-out by the middle of February. In my view, and that of my Committee as a whole, the Government’s failure to provide explanatory memorandums in line with their timetable has been the major factor impeding Select Committee consideration of the block opt-out.
The history of those various exchanges and undertakings is set out in our report, “The 2014 block opt-out—engaging with Parliament”—that has been seriously lacking—which is tagged in this debate along with the Government’s response.
In my view, the way the European Scrutiny Committee and the other Committees have jointly sought information from the Government is an excellent example of the various elements of the scrutiny process working together in a consistent and co-ordinated manner. In that context, the fact that the Government’s revised motion does not provide for a scrutiny stage to be concluded by the end of October is to be welcomed. The amendment to the revised motion, which we have tabled jointly, centres on the scrutiny process and aims to ensure that the Select Committees can undertake meaningful scrutiny of the Government’s proposals. I hope that the Government will listen to that.
As Chairs of these Committees, we are concerned that the inclusion of the words
“on the set of measures in Command Paper 8671”
is likely, implicitly or explicitly, to endorse the Government’s list of 35. The amendment would simply leave out these words, so as to avoid a prejudgment of the Committee’s conclusions. That was the substance of the point made by the right hon. Member for Leicester East.
Chris Bryant
Does that mean the Government would have to come back to the House with a proper debate on the precise list of opt-in measures, rather than the impenetrable document they have provided, and make a coherent argument?
Mr Cash
The Command Paper sets out, very late in the day, various lists, proposals, explanatory memorandums and the rest of it, effectively bouncing the Committees and shunting straight past the scrutiny process, in defiance of the promises and undertakings given months ago. The Chairs are deeply concerned about this attempt to push the scrutiny process to one side. The European Scrutiny Committee, which I Chair, has a specific job to do under Standing Orders that cannot be brushed aside by the Government or anybody else. Those are the Standing Orders of the House. The other two Committees will want to look at policy questions, but we consider proposals more on a document-by-document basis, and there are 130-odd of them, so the matter has to be dealt with within the framework of Standing Orders.
I look to the Justice Secretary, who is sitting on the Front Bench, knowing in my heart that he wants to ensure that the scrutiny process works effectively, and I invite him, in consultation with the Home Secretary, to accept our amendment and put in place that proper scrutiny process. There is no great hurry. What puzzles many Members is why an attempt has been made to bounce the House, as it were; we are puzzled about why this had to be rushed, and we have had no explanation. We simply do not understand the reasons. We do not see why there has to be a vote either. Many people think there should not be one.
In January, the European Scrutiny Committee requested that the relevant Committees should have sight of the Government’s impact assessments on the various measures under consideration. Will the Home Secretary and the Justice Secretary supply us with this information as soon as possible? It is all part of the scrutiny process. If the Government really want transparent and democratic systems that work in the interests of those whom we have the honour to represent, it is essential that we do this properly.
Mr Cash
This is driven not by hostility, but by basic common sense: it helps the democratic process and the working between the Government and the Select Committee system, whose role has been enhanced recently, to work with the grain. That is the point: this has been working against the grain. I know that my right hon. Friends the Justice Secretary and the Home Secretary, not to mention the Prime Minister, are conscious of these questions. If mistakes were made in trying to rush and not give scrutiny the opportunities that are needed in the interests of those whom we serve, it is essential to get this right. I urge them strongly to accept the amendment in the name of the Chairmen of those Committees, and on which the Chairmen of other Committees have expressed an interest too.
The Opposition’s amendment is a rather curious state of affairs, something to which I referred when I intervened on the shadow Home Secretary. I simply put it on the record like this: the full sequence would be that the United Kingdom would have to notify its block opt-out decision six months before it could notify which measures it would seek to opt back into. The specific order is clearly set out—I was not trying to bounce the right hon. Lady—in article 10 of protocol 36, and has been confirmed by the Commission in response to a question from the European Parliament. We know what the sequence should be, so it would not be possible for the Government to notify the European institutions of their intention to exercise the block opt-out once, to use the wording of the amendment, those institutions
“have committed to the UK’s ongoing participation”
in the measures concerned. There is something wrong with the wording of the Opposition’s amendment, because it does not fit with article 10 of protocol 36. Anyone can make a pedantic point, but this goes to the heart of article 10 of protocol 36.
Chris Bryant
But article 10 of protocol 36 also says that the Commission will, wherever possible, seek to ensure that there is a maximum degree of participation by the United Kingdom in any measures it wants to opt into. The difficulty arises in that sometimes the precise package of measures may not be a package of measures that works as far as the Commission is concerned— the point Commissioner Reding has already made to the Justice Secretary in private conversation.
Mr Cash
I do not know about these private conversations, and I do not know whether Prism has been at work to enable the hon. Gentleman to know what they consisted of. [Interruption.] Oh, he told you. Well, be that as it may, the fact is that article 10 of protocol 36 is clear, and has been confirmed by the Commission as such in a response to a question in the European Parliament. I will leave it at that, but it would be strange for us—I am talking about the House as a whole—to end up voting for an amendment tabled by the official Opposition, with all the expertise at their disposal, that was inherently wrong.
Chris Bryant
On a point of order, Madam Deputy Speaker. As I understand it, the Justice Secretary just nodded to the assertion made by the hon. Gentleman. I think he was assenting to the Government’s acceptance of the amendment tabled in the name of the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith). If so, I would have thought it would be in order for the Justice Secretary to make that view known for the whole House.
Chris Bryant
The great thing about the hon. Gentleman is that he sometimes achieves that to which he does not even aspire—and on this occasion he did precisely that.
Let me start with what we all agree about. International criminals co-operate; they commit crimes in many different countries; they travel and they can commit crimes in one country from another country; and they try to get away with it. Crime does not stop at the channel, which is why co-operation on justice and home affairs across the European Union is a vital part of ensuring national security in the modern era. It is why I think Members of all parties have long supported the position of leadership that the British Government have taken in trying to improve these standards across the whole EU.
We also agree, I hope, that it makes sense to review that co-operation. That is precisely why Labour secured an opt-out—the one we are talking about using at the moment—in the first place. It is a Labour opt-out available to a coalition Government. I therefore suggest that the question before us now is really fairly simple. Is this motion right—the original Government motion, notwithstanding the intervention that the Justice Secretary was forced to make earlier when he suggested that he might accept an amendment that has not even been moved—is it necessary, and is it necessary now? Let me start with the “necessary now” question.
I suggest to hon. Members that we have heard no argument to say why the Government want this vote today. They signalled months ago that they were provisionally minded to opt out—fair enough—but their decision to seek to opt in to any measures, let alone the measures listed in the Command Paper, was announced less than a week ago. The Select Committees have been clamouring for more information for months, as has already been said by three of the Select Committee Chairs, begging for a list of potential opt-ins so that they could look at the matters in hand. They asked for explanatory memorandums and never received them. True, there were briefings to the media, particularly to The Daily Telegraph, but not to the Committees about how the Government saw each of these measures. The Government expected the House to endorse opting out and opting in, including the precise list of measures, without a single word of evidence from any outside body being taken by any Committee of this or the other House.
Chris Bryant
Far be it for me to suggest that the hon. Gentleman is a mendicant in these matters, but he certainly sought this many times. If that is not the definition of begging, I am not sure what is.
Then, of course, we had the bizarre event last Thursday afternoon, which was the classic kick-bollock scramble school of parliamentary drafting that this coalition has made standard practice when the Home Secretary first tabled a motion, then the Chairs of the Select Committees kicked up and tabled an amendment, but then at the very last minute the Home Secretary withdrew her motion and tabled another one, whereupon the Select Committee Chairs tabled another amendment. Now the Home Secretary has backed down on the amendment, which is her third position in a week—no Thatcher she, I would suggest, as we are certainly not going to get a “This Lady is not for turning” speech at the Tory party conference.
The end result of all that is a list cobbled together in a deal within the Government; the House given three days and no more to decide; and a motion tabled just one sitting day before the debate. Yet the Justice Secretary himself—he has been opting in and opting out of this debate; more opting out than opting in, I note—said on 19 March this year to the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith):
“I can give my right hon. Friend, and indeed the House, a clear assurance that this Government will go further than any Government in ensuring that the House is involved in the decisions that are taken, and that as we reach agreement within the coalition on the way forward, we will need fully to engage Parliament, his Committee and, indeed, all the Committees with a vested interest in the matter”.—[Official Report, 19 March 2013; Vol. 560, c. 782.]
[Interruption.] I hear some rumblings over there, but the honest truth is that none of the Select Committees has been impressed by the way in which the Government have conducted themselves. Indeed, to be precise, the hon. Member for Stone (Mr Cash) said that this was a classic case of “scrutiny gone wrong”.
Let us be clear: these are complex matters that need to be addressed. The Command Paper is one of the most impenetrable set of explanatory memorandums that I have ever encountered—[Interruption.] I have read it and understood it, but I am not sure that the Justice Secretary has either read it or understood it. Some of what he says in his own explanatory memorandum is self-contradictory.
Chris Bryant
Yes, but the Lords Select Committee makes exactly the same condemnation of the Government’s process as all the House of Commons Committees and it reached the same conclusion, which I will come on to. I would argue that scrutiny is important and is not quite as simple as some Members have suggested. The process of opting back in is complex in itself, but as Commissioner Reding said earlier this year, one measure sometimes impacts on another. Whether or not the Government choose eventually to seek to opt into the precise set of measures that they listed in the Command Paper, their choice will not necessarily be deliverable.
As I have said, the Command Paper is pretty impenetrable, but it makes some pretty bold assertions. On child pornography, it states:
“If the UK were to exercise the opt-out and decide not to rejoin this measure, there would be little practical impact”.
Is that true? Can we not at least test it in Committee—or, for that matter, test the Government’s assertions on the investigation and prosecution of genocide, crimes against humanity and war crimes? [Interruption.] I can hear what the Home Secretary is saying. She must bear in mind that what we are discussing now is not the amendment that has been accepted, but her motion. That is all that is on the table at the moment.
Should we not also be able to test the Command Paper’s assertion on the European arrest warrant? I should have thought that the hon. Member for Esher and Walton (Mr Raab) and many others would want to do that. According to the paper,
“If the UK were to decide not to participate in this measure, we believe the UK would revert to the ECE”
—that is, the European convention on extradition. It continues that
“work would need to be taken bilaterally, but there is no guarantee this would be possible where Constitutional barriers exist.”
As the hon. Member for Belfast East (Naomi Long) pointed out, an important process of negotiation must be undertaken with the devolved Administrations in Northern Ireland in particular—because of the relationship with the Republic of Ireland—and in Scotland to ensure that there are no unintended consequences.
Let me now turn to whether the motion is necessary. It is absolutely clear that it is not necessary for discussions to take place with the Commission and with other member states. Indeed, the Government told the Commission in no uncertain terms that even if a motion in this House or in another place were voted down, they would reserve to themselves the right to proceed with the process of opting out. It is true that protocol 36 —which was mentioned by the hon. Member for Stone —sets out a formal process, but we all know that the process that will actually be engaged in will be complex and political, and that there will be plenty of “behind doors” conversations.
What concerns me is that without indications about the opt-ins and without knowing whether we will be able to secure them at the same time as the opt-outs, we cannot genuinely weigh the risk of opting out against what we stand to gain. That is why we tabled our amendment, on which we still intend to divide the House. The amendment does something very simple: it insists that we should have guarantees of what we can opt into before choosing formally to opt out.
The hon. Member for Stone said earlier that our idea was nonsensical, but where did we get it? It comes directly from the Command Paper, page 5 of which states that
“there is nothing preventing the Commission giving an immediate response, nor to agreement being reached informally ahead of the UK’s formal application.“
In other words, the motion is completely unnecessary, and potentially dangerous.
Chris Bryant
It always pains me to disagree with a man whom I love so much, but as the hon. Gentleman refused to return my phone calls at the end of last week, I must disagree with him on this one occasion. I think that there are genuine risks. This is what was said by the House of Lords Committee to which the hon. Member for Cheltenham (Martin Horwood) referred:
“On the basis of the evidence we have received we do not consider that the Government have made a convincing case for exercising the opt-out…Opting out of the police and criminal justice measures would have significant adverse negative repercussions for the internal security of the United Kingdom and the administration of criminal justice in the United Kingdom.”
That is a high hurdle for us to overcome if we are to move forward.
European Convention on Human Rights
Debate between Chris Bryant and William Cash(12 years, 5 months ago)
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Chris Bryant
I see; otherwise, I would have thought that it was a rather tautological name for a constituency.
My hon. Friend is absolutely right: many of our constituents, in many different parts of this country—in Wales, just as in Scotland and England—have significant concerns about matters relating to the deportation of foreign criminals, and they want them addressed better in the criminal justice system.
I always enjoy listening to the hon. and learned Member for Torridge and West Devon (Mr Cox), not least because I see him as a very successful barrister, and I am aware that there is a convention in this House that if an hon. Member were to ask another Member who practises at the Bar to represent them in court, that Member would be required to provide their services, free, gratis and for nothing. I therefore look forward to him representing me one day in some action, free, gratis and for nothing. [Interruption.] I think he is mouthing something at me, but I am not quite sure what it is. I know that he was seeking to be helpful to the Government and to support the direction of travel in which they are moving, but I noted that he said, “I do not hold out an enormous amount of hope.” I think he was referring to whether this proposal is going to be a successful manoeuvre, which is partly our concern as well. It is not a concern about the direction of travel, but a concern about whether this measure is precisely the right way in which to steer ourselves in that direction of travel.
The hon. Member for Stone (Mr Cash) is one of my favourite Members, because I have debated with him so many times—and he also told me once that he loved me, so I cannot dislike him. He referred to the application of the rules of the European Court’s decisions in relation to the courts in the United Kingdom. He, too, said that whether the decisions we make today will have any effect remains to be seen. I say that—and I think he said it, too—not out of a desire to undermine where we want to go, but to ensure that we securely get change in the direction to which many hon. Members have referred.
My hon. Friend the Member for Wigan (Lisa Nandy) made a moving speech about some of the experiences that she has had personally and in dealing with her constituents. In particular, she mentioned the situation facing many women and children. We would do ourselves a disservice if we were to pretend that the European convention on human rights had done nothing to protect the sorely abused rights of women around the world. In many cases, it has acted as a beacon for what a decent society should look like and how a decent society should go about its business.
The hon. Member for Strangford (Jim Shannon) said that he thought that there would be no Division on the motion. I thought that he might have been having a dig at the hon. and learned Member for Torridge and West Devon when he said that everything goes wrong when lawyers get involved. He was also critical of some of the judges in the European Court of Human Rights because they sometimes did not have the level of qualifications or the amount of experience that we would expect of a British judge. I am certain of the need for reform of the way in which the judges are appointed and the way in which the Court does its business and comes to its decisions, but that is not a reason for us to leave the European Court or to abandon the convention, not least—I might not be able to carry the hon. Gentleman with me on this—because it is a requirement of membership of the European Union that we should be a signatory and adhere to the Court.
The hon. Member for Ipswich (Ben Gummer), who has just fled the Chamber, made a tiny intervention on the hon. Member for Strangford, in which he pointed out the difference between the European Union, the European Court and the European convention on human rights. He was absolutely right to say that that difference was often not recognised.
The Home Secretary made several issues crystal clear in her speech. First, she made it clear that Pepper v. Hart was right, and that it is absolutely right for the courts to bear in mind what is said by a Minister or in a debate in the House of Commons—or, for that matter, the House of Lords—when legislation is ambiguous and the court is uncertain of how to proceed, without breaching article IX of the Bill of Rights, which states that a court is not able to question or impeach a proceeding in Parliament.
Mr Cash
In regard to interpretation, certainly in the field of European law—whether in the European Court of Justice or the European Court of Human Rights—the travaux préparatoires, as they are called, include all sorts of explanatory memorandums and so on. So when we talk about a clear basis, the question is whether it will stand up in due course. I hope that it will, but I am not sure.
Chris Bryant
I am not entirely sure whether I agree with that, so I am afraid that I am going to gloss over it. Perhaps the hon. Gentleman will give me a better lecture on the matter later.
We agreed with the Home Secretary’s point on Pepper v. Hart. We also agreed when she effectively said that she accepted the judgment in the Pankina case of 2010 that the mere tabling of new immigration rules is often not enough to provide legal or political clarity to the courts. We agree with that, which is why we would wholeheartedly welcome a debate in Parliament on these matters. There are those who would say that the process that the hon. and learned Member for Torridge and West Devon referred to earlier has been inadequate in the past.
The Home Secretary also referred to changes in the operation of article 8 in relation to the deportation of prisoners. Again, we completely agree with the direction of travel that she is taking and with what she is trying to do. In a sense, that is what we tried to do in 2007 with the changes in the law, but we accept that further work needs to be done. She said specifically that foreign criminals had used flimsy human rights arguments to remain in this country, and we agree. She said that the broader issue of the other changes, tabled last Wednesday, was a separate issue. We wholeheartedly agree with that, too.
We have some concerns about the process, but I do not want to overstate them. The motion expressly refers to “the Immigration Rules”. It therefore stands to reason that we are debating the rules that are in force today, rather than any that have been tabled but will not come into force until 9 July and could, in theory, be annulled in the future. So I am not sure that this motion provides quite the level of legal clarity that the Home Secretary would like.
Furthermore, there is the question of exactly how much influence a motion of the House has. We have already heard from the shadow Home Secretary about the ruling from the Clerks on that point. A few weeks ago, a motion of the House, which was agreed unanimously, stated that nobody wanting to come to this country from Russia should be allowed a visa if they had had anything to do with the death of Sergei Magnitsky. That motion has no force in law, however; it is just an interesting statement from the House of Commons. It has not been agreed by the House of Lords, and it has not gone through any kind of primary or secondary legislative process.
It might have been better if the measures had been taken in a different order, with the full set of rule changes being followed by the motion that we are considering today. Indeed, many hon. Members have said that there might well be a need for primary legislation to provide the courts with the absolute clarity that they need.
I want to make it absolutely clear that we are supporting the motion today on the understanding that it applies solely to the operation of article 8 in relation to the deportation of foreign criminals. In the words of the Home Secretary, the rest is a “separate issue”.
Treaty on Stability, Co-ordination and Governance
Debate between Chris Bryant and William Cash(12 years, 9 months ago)
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Mr Cash
Absolutely. For those of us who have been critical of the European Union, but not of Europe, because we believe that we need stability and prosperity in Europe, my hon. Friend’s remarks are entirely justified. We are now facing the breaking of the rule of law through the imposition of European rules. It is an extraordinary paradox that the law should be used to break the principle of law itself.
Chris Bryant (Rhondda) (Lab)
How is the hon. Gentleman going to vote on this motion? As I understand it, his idea is that the treaty should not go forward, but if the motion is agreed to, we will have decided that we have considered the matter, and the Government will therefore be able to proceed with the treaty.
Mr Cash
The hon. Gentleman is rather missing the point. The question before the House is that we should have a proper debate about legality. There will not be a vote, as far as I am concerned, because we need to have an open discussion among Members of Parliament, not only in the European Scrutiny Committee, as has been the case so far. We have heard evidence from many distinguished lawyers and economists, and from the Minister for Europe, although sadly, and deeply regrettably, not from the Foreign Secretary, who has twice declined to come before us. He did say that he would come on 27 March, but that is far too late for the purposes of our proceedings. The most important thing is that we have an open and transparent debate about questions that otherwise would not get across to Members of Parliament, let alone to the people at large.
I have just spent two days in Brussels as Chairman of the Committee, with my hon. Friend the Member for Hertsmere (Mr Clappison). We had an extremely constructive dialogue with members from the national Parliaments and Members of the European Parliament. The only remedy that is provided in this time of economic and, I submit, political crisis in Europe is more Europe, not less. That completely misses the point.
As I discovered only a few months ago at the multi-annual surveillance framework meeting, some people want further European institutional change towards greater political union. In effect, they say that the solution to the problem is the European Parliament, rather than the national Parliaments, although they do want us to be involved so that we can sign our own suicide note. On economic matters and the multi-annual surveillance framework, they want more money to be spent, irrespective of the failure of the European economic systems that they have put in place. The Minister for Europe, who was at that meeting, will recall that he, I and others who were being realistic about this matter were simply astonished by the continuing stream of determination to seek more and more money for the European Union, through the financial transaction tax, by increasing its resources and through the common commercial tax base.
Protection of Freedoms Bill
Debate between Chris Bryant and William Cash(13 years, 1 month ago)
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Chris Bryant
New clause 14 makes clear some of the specifics involved. If the Government have things they think should be additional, that debate needs to be had. I suspect that this will not be the end of the matter in this House and that their lordships will want to look very closely at whether there is a better route to achieve the same end.
Nobody is trying to end up in a different place in this regard, but the process of emergency legislation that the Government are using is a mistake. In essence, they have already accepted the principle that there should, in exceptional circumstances, be an additional power. They have accepted that in relation to Dissolution and effectively said that it should be present at other times. The issue is simply about how we make sure that the Secretary of State, if he or she were to have that power, would then be circumscribed by Parliament and by other bodies. Undoubtedly, High Court judges and the Director of Public Prosecutions make decisions that do not allow the Secretary of State to act gratuitously. However, we prefer the route that new clause 14 lays out, and I hope that the Government will think again. I do not expect that we will want to divide the House on this matter, but I hope that their lordships will look at it again.
Mr Cash
I will speak briefly because I have already gone through this issue on a number of occasions.
I believe very strongly that if there is a case for extending the period from 14 to 28 days, the Government, by referring to the period in question as merely 14 days and describing it as a permanent reduction in clause 57, and then talking about certain circumstances of an emergency nature that extend it to 28 days, effectively sell the argument down the river. I am trying to look at the principle. In my opinion, 28 days is justified. We have been through the arguments, as the hon. Member for Walsall North (Mr Winnick) said, about whether it should be 42 days or 90 days. Fourteen days can be a very short period, so if there is a case for it being 28 days in certain circumstances, for heaven’s sake let us just accept that 28 days will be used very rarely and only in special circumstances.
Furthermore, to go back to a point that the Minister made, there is the distinct, continuing right of habeas corpus. If a judge thought that somebody was being ill-treated during a period of detention, which is really what this is all about, and he was satisfied by evidence from other sources and an application for habeas corpus, he would go straight down—in Belmarsh, for example, there is a tunnel—and ask to have the person who was being detained produced for him. He would rapidly work out whether that person was being subjected to unfair or unreasonable treatment—we are talking here about the realities of life—and whether he should be given the full benefit of habeas corpus. Habeas corpus means, “You shall have the body,” or, “You shall produce the person.” That, in my judgment, is ultimately what this is all about.
Fixed-term Parliaments Bill
Debate between Chris Bryant and William Cash(13 years, 4 months ago)
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Chris Bryant
I am afraid that the Minister did not impress me with his arguments. In particular, he referred to the fact that the Conservative manifesto did not contain anything about introducing fixed-term Parliaments and then said that when good arguments come along people should bow to them. As far as I can see, the only good argument that came along was that the Liberal Democrats would not support the Government unless there was a fixed-term Parliament element in the coalition agreement. So the only reason why we have this Bill, particularly in its current form, is because of the attempt to create the coalition and then to keep it going for five years.
The Minister then tried to tease me a little with the idea that the former Prime Minister, my right hon. Friend the Member for Kirkcaldy and Cowdenbeath (Mr Brown), said that he wanted people who voted for Labour to be voting for fixed-term Parliaments. This amendment would allow us to vote in every Parliament for fixed-term Parliaments, so it gives more opportunities for people to vote for them, rather than fewer.
Mr Cash
Does the shadow Minister agree that the Bill has all the elements of an attempt to achieve a sort of permanent coalition arrangement? In fact, if one were to look at the current state of affairs, one might feel some sympathy for those on our side of the House who have found as a result of the mistakes that have been made by them and by others that they are now low in the polls and that the 56 seats that they won at the last general election might by all accounts be fewer than 20 if those opinion polls were to be believed.
Chris Bryant
I have sympathy with that argument, but I also think that this is one of the changes towards a fixed-term Parliament that would assist in that and would be another part of the steady progress of parliamentary evolution to which he referred.
Mr Cash
Does the hon. Gentleman agree that there are really interesting historical analogies? I am thinking of the vote of 311 to 310 that led to Lady Thatcher’s becoming Prime Minister and of the debate after Munich on 10 May 1940. If we had had fixed-term Parliaments at those times, the whole thing would have been completely undermined despite the fact that the country was in uproar and wanted change. That would have been the case with a fixed-term Parliament of the kind that he wants as well as with one of five years.
Chris Bryant
No, I disagree, but we will come to that issue when we debate the second set of amendments about the measures concerning early general election. We have some disagreements with the Government, as the hon. Gentleman knows, but that is a matter for us to debate later.
United Kingdom Parliamentary Sovereignty Bill
Debate between Chris Bryant and William Cash(13 years, 8 months ago)
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Mr William Cash (Stone) (Con)
I am little surprised to be called so early in the debate, not least because I have dilated on this subject on many occasions. [Hon. Members: “No!”] Protests will not put me off doing so again.
I congratulate my hon. Friend the Member for Christchurch (Mr Chope) on introducing the Bill, not only because this is such an auspicious time, given that we are now in the midst of debating the European Union Bill, which is still in the other place, but because of the continuing flow of, I have to say, clearly deliberate attempts by the coalition Government to throw doubt on the sovereignty of the United Kingdom Parliament, some of which have been diverted by the European Scrutiny Committee report. I am extremely glad to note that the explanatory notes to the European Union Bill have been changed, something that has not been mentioned publicly by the Government or the media. The explanatory notes on clause 18, or the so-called sovereignty clause, which we were able to demonstrate it was not, have been revised in the light of the European Scrutiny Committee report. I am glad that they have been changed to get rid of some of the Committee’s gravest objections to how the Government were seeking to apply what is known as the common law principle. I do not need to go into all the detail because we debated it at great length.
Chris Bryant
The hon. Gentleman has referred to clause 18 of the European Union Bill, the so-called sovereignty clause. He will recall that amendments not passed in this House would have gone in the direction of this Bill. Would it not be bizarre if this House were to send two Bills to the House of Lords at the same time that were mutually contradictory?
Mr Cash
It would be highly desirable. This Bill would in fact succeed the European Union Bill in order. We know that any Act of Parliament that is subsequent to a previous Act and is inconsistent with it, particularly in the context of sovereignty issues, overrides the previous Act. Therefore, if this Bill were enacted—if it followed the European Union Bill—it would supersede it. It would thereby also have the great advantage of overriding the manifestly absurd and, I believe, completely unlawful motion—unlawful in constitutional terms—that was passed, which said that this House did not reaffirm the sovereignty of the United Kingdom Parliament. When I use the word “unlawful” in this context, I simply mean that the European Union Bill is still under consideration by both Houses. I am using that expression with regard to the constitutionality of the matter, but it is a very important question and I am glad that the hon. Gentleman has raised that point, because it is important that we get it straightened out.
I come back to the explanatory notes. The report that the European Scrutiny Committee produced, which was unanimous, particularly on clause 18, was based on evidence from pretty well all the pre-eminent constitutional experts on what sovereignty meant in the context of the European Union Bill and in general. There was complete unanimity that the Bill did not contain what was on the tin, that it did not confer sovereignty and that the provision was not needed. However, read in the context of the explanatory notes, the invocation of the common law principle, which is a very profound question that has been raging in academic circles and the establishment for a long time, has the effect of reinforcing the view expressed in certain quarters, particularly in certain parts of the Supreme Court, that the sovereignty of Parliament is qualified by the ultimate authority of the courts, which is not something that the public at large would agree with, to say the least, or, for that matter, that they even knew was happening. The expression “common-law principle” has now been taken out of the explanatory notes, which is a great victory for the European Scrutiny Committee and will help substantially to alter the position in the right direction.
I am not convinced that the argument has been completely resolved, but the discussions of the kind that we are having today are helpful in further removing any doubt about the question of the sovereignty of Parliament. That is because the sovereignty of Parliament is not a purely theoretical abstraction; it is to do with the practical application of law passed in this House and in the other place for the purpose of implementing legislative proposals emanating from the Government or other sources to reflect the views of the electorate. In other words, this is essentially a democratic question.
In cases in which European Union law, European Court of Human Rights law and European convention law contradict the wishes of the electorate, it must be made clear that the sovereignty of Parliament will override such provisions in a way that ensures that the wishes of the electorate are complied with, consistently with general election and manifesto pledges, irrespective of coalition agreements, and in a manner that guarantees that the electorate’s views are not only understood but put into effect.
Mr Cash
That is completely right, and I am grateful to my hon. Friend for not only his intervention but his notable contribution to the European Scrutiny Committee, of which he is a member.
The question of amending the Bill gives me an opportunity to set out another short clause that might be added to it.
Mr Cash
I would just like to get this out of the way, if I may, because it is quite a useful and explicit affirmation of what we could do in practice to ensure that there is no doubt about what is being done. The new clause in question could be phrased in this way: “Any Act of Parliament or legal instrument expressly stating that that Act or instrument shall be ‘notwithstanding the European Communities Act 1972’ or ‘notwithstanding the European convention on human rights and the Human Rights Act 1998’ shall be construed by the courts of the United Kingdom as having the effect of disapplying and overriding any Act or legal instrument to which it refers.” That would put the position completely on all fours with the evidence that we have received from the constitutional experts.
For many years, I have said that we need a way to get round the problem of provisions emanating from the European Communities Act 1972, and the treaties and legal instruments made under it, being inconsistent with our national interests. To achieve that—in line with cases such as Macarthys v. Smith under Lord Denning and Garland v. British Rail Engineering under Lord Diplock, which remain good law despite what the Supreme Court has said recently—we need, precedent to an Act of Parliament and in relation to European Union legislation, to use the expression “notwithstanding the European Communities Act 1972” to make it clear that we are legislating subsequent to an existing enactment and expressly inconsistently with it. That would oblige the courts to give effect to the later legislation. There are occasions when it is clear that the Government would want to do that but cannot do it, or do not want to do it, or would prefer the whole subject to go away. I am looking closely at the Minister at this point. There is nobody who wants this subject to go away more than the Prime Minister does.
It is a problem. I recognise the dilemma, and I have to say, in all fairness, that I have absolutely no doubt about the need for the remedy. I understand that there are inconveniences in having the European Union producing legislation that this country does not want, which might have been thought to be a good idea in the past. Some thought that the working time directive was a good idea, but it has turned out to have all kinds of unfortunate consequences. The same could be said of other matters such as the over-regulation of business.
When we were in opposition in 2006, I tabled an amendment to the then Government’s Legislative and Regulatory Reform Bill, based on the “notwithstanding” formula, in order to improve the opportunities for British business, helping it to grow and get away from unnecessary burdens imposed by the European Union. During the afternoon that I proposed that amendment, a series of Whips’ meetings took place. The Whips came to me and said, “Bill, would you be good enough to allow us to adopt your amendment and to put in Tellers?” When the vote took place on the words
“notwithstanding the European Communities Act 1972”,
teams of the present Government walked through the Lobbies to support my amendment, which they had adopted—and six weeks later on a whipped vote in the House of Lords, they reconfirmed it. There was no doubt about the intention there. The principle is thus established by the European Scrutiny Committee report, by the evidence we received and by the conduct of the Prime Minister who was then the Leader of the Opposition.
Parliamentary Voting System and Constituencies Bill
Debate between Chris Bryant and William Cash(13 years, 9 months ago)
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Chris Bryant
My right hon. Friend is absolutely right. In addition, the Liberal Democrats and the Conservatives so respect the House of Lords that they have decided to pack it with pliant Members so that they can start getting better results in votes. I praise those Members of the House of Lords, including Baroness Trumpington, who has never voted against the Conservative Whip, and who is notwithstanding a very splendid woman, who today decided to vote for the amendment in the name of Lord Rooker.
I support the alternative vote, but to me it is an even more important principle that the views of the British people, completely and definitively established, are enacted. That is why Lord Rooker’s threshold is appropriate.
Finally, the Minister’s amendment in lieu has absolutely no value. It would mean merely that the process that is already adopted by the Electoral Commission would be implemented. He knows that it is a chimera—the smile without the Cheshire cat.
Mr Cash
I entirely endorse the final remarks of the hon. Member for Rhondda (Chris Bryant)—the Government amendment in lieu is a load of rubbish.
It is important to get across what is really going on here. In the context of the referendum, the Conservative party is being led like a lamb to the slaughter. The reality is that the referendum is entirely to do with Liberal party aspirations as expressed in the coalition agreement. I have here an extract from the right hon. Member for Deauville—[Laughter.] I meant the right hon. Member for Yeovil (Mr Laws), who might as well have come from Deauville. He quotes the Secretary of State for Energy and Climate Change, the right hon. Member for Eastleigh (Chris Huhne), as saying:
“Our historic mission is to create a British Liberal party whose influence will be embedded in our politics through a reformed voting system – a Liberal party capable of dealing with both other parties.”
The reality, therefore, is that what lies at the heart of this debate is not the rubbish that we have heard from the Minister on the Electoral Commission, but the glue that holds the coalition together.
I pay tribute to the noble Lord Rooker and the other Lords and Ladies who made such magnificent speeches this morning, which I had the privilege to witness. They are right that the Bill provides for a binding referendum, and that the essence of the argument is that the Bill is a constitutional issue, because it proposes to change our constitution in a fundamental way for the first time.
I believe that 40% is a reasonable test. It is accepted by all the constitutional authorities—including, ironically, Vernon Bogdanor, who was the Prime Minister’s own tutor. This threshold of 40%, which has come down to us in an amendment from the House of Lords, is reasonable and fair with respect to the electorate as a whole. We are being asked to reject that provision. I am no longer going down the route of my original proposal, which one of their Lordships referred to as “the fatal amendment”. I propose, for all the reasons that have been so ably put forward this evening, to follow what the House of Lords said.
There is no reference to thresholds in this coalition agreement—none whatever. None of the political parties expressed any genuine manifesto commitment to the alternative vote and no commitment whatever to the threshold. Given that the Bill purports to provide for a fair electoral system with preference votes, one would have thought that its proponents would at least have the decency and common sense to give the electorate a fair deal—[Interruption.] Yes, and the courage, as one of my hon. Friends says. I thought that the Liberal Democrats believed in fairness and constitutional propriety, but I was mightily mistaken.
European Union Bill
Debate between Chris Bryant and William Cash(13 years, 10 months ago)
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Chris Bryant
It is a delight to agree with my hon. Friend. I do not think that she and I have ever agreed on anything before. That is perhaps a slight exaggeration; I think we agreed that a Labour Government were better than a Conservative one.
Many thanks for calling me to speak, Mr Evans. I think I have made my one point eight times now, and that will probably suffice.
Question put and agreed to.
Clause 7 accordingly ordered to stand part of the Bill.
Clause 8
Decisions under Article 352 of TFEU
European Union Bill
Debate between Chris Bryant and William Cash(13 years, 10 months ago)
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Chris Bryant
I congratulate the hon. Member for Witham (Priti Patel) on her speech, but it exemplified the fundamental problem that I have with clause 6 and, for that matter, schedule 1. The Euroscepticism at the heart of the clause is a classic example of our exaggerated understanding of our own significance—in particular the significance of Britain and of our parliamentary tradition. That has been exemplified in many speeches this afternoon.
I always think it is ironic when people inveigh against other Europeans, often misquoting John Bright to say that this Parliament is the mother of all Parliaments, when he actually referred to England as the mother of all Parliaments. It is particularly ironic when people then refer to the first summoning of commoners to a royal Parliament—Parliament is of course a French word, not an English word—by Simon de Montfort. They quite often forget that he was in fact a Frenchman, and a profoundly anti-Semitic one at that. Incidentally, we only know the names of those who attended the 1258 Parliament because they had their expenses paid.
Mr Cash
We are enjoying the hon. Gentleman’s speech, but I thought I would mention that although he is right about what John Bright said—I have just finished writing a book about him—John Bright was defending democracy. Given the problem of the democratic deficit that we so often have, he would have been appalled at clause 18 and absolutely appalled at the manner in which power has been accumulated and moved away from the people of this country, particularly those who are less well off.
Chris Bryant
I think that John Bright would have been appalled by nearly every economic decision that has been taken by the coalition Government since they came to power, so I do not think that the hon. Gentleman is on good territory in summoning him up in support.
I also point out that the first royal to build on this site was King Canute, who, of course, was Danish. We must therefore take a less effortlessly superior approach to the European Union in our discussions.
Mr Cash
The hon. Gentleman refers to an amendment that I hope to address shortly. Part of my argument will be that that financial mechanism is unlawful. It was entered into by a former Chancellor of the Exchequer and endorsed by the coalition Government in circumstances that I shall describe. It is also still subject to scrutiny by the European Scrutiny Committee.
Chris Bryant
I look forward to hearing the hon. Gentleman’s arguments. However, I do not understand why it is okay to support Ireland without a referendum, but impossible to provide such support to another country without a referendum.
Chris Bryant
Indeed. Obviously, a referendum would also incur significant costs. The Government are trying to argue that holding the alternative vote referendum on any day other than 5 May this year would cost some £30 million. I presume that any referendum under the amendment would also cost some £30 million, and I think that that is inappropriate. The clause refers to “a common EU defence”, and although I do not want to hand over the setting up of a standing army to the European Union, I acknowledge that there is already a European army, because there are troops from member states acting in Kosovo—and they have done so in Bosnia—as well as Swiss troops under an EU banner. I am reluctant to say that a referendum would be needed on any aspect of a common defence policy, because that would be a mistake in our national security.
Mr Cash
The hon. Gentleman referred to the cost of a referendum, but my amendment provides that a referendum would be held on the mechanism if the decision involved £5 billion or more. That is a vast amount, and that is why it should not go off to Spain or Portugal. I shall explain why if I get the chance to speak.
Chris Bryant
I look forward to hearing the hon. Gentleman’s arguments.
My final point is that my anxiety about the drafting of this Bill, and in particular this clause and its attendant schedule, is that it is a lawyers’ paradise. There will be constant judicial review of decisions made by Ministers. For instance, in the case of the agreement on the External Action Service, the eventual format would have been agreed by a Minister from any political party in this House, but it could well be subject to judicial review under the amendment. It is also true of many other elements of the clause, and it means that Ministers’ actions at meetings in Europe will constantly be subject to judicial review. Rather than increasing the power of Parliament, that will actually increase the power of the judges in this country, which I consider to be a very big mistake.
Fixed-term Parliaments Bill
Debate between Chris Bryant and William Cash(13 years, 10 months ago)
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Mr Cash
I do not deny for a minute that that is one of the consequences, but if we were to carry this new clause, it would effectively be the end of the Bill. As I look around the House and see the huge number of people attending this debate, I do not believe that there is the slightest chance of my winning the Division—
Mr Cash
Oh, I see. I am extremely grateful to hear what the hon. Member for Rhondda (Chris Bryant), that fierce defender of British liberty—when it suits him—has to say. In the light of what my hon. Friend the Member for Harwich and North Essex (Mr Jenkin) has said, it would not cause me any concern if my new clause were passed simply because it would require a rethink, when there would be a completely new situation. Does my hon. Friend want to intervene again on that? No.
Mr Cash
I can only repeat what that Committee has said: it states that the appropriate length of a fixed parliamentary term should be no more than four years. The position is, therefore, that that powerful Committee has given that advice to the House of Lords, which has yet to be given the opportunity to vote on these proposals. I think we are moving into territory where there will be proper scrutiny, as it has been described—although the word “filibuster” nearly slipped out—as has proved to be the case in respect of provisions in the alternative vote Bill currently before the House of Lords. There may yet be the possibility of similar activity with regard to how long the fixed parliamentary term should be.
For all those reasons, I believe that the provisions I have felt concerned to raise through tabling new clause 5 are merited. They are consistent with proper constitutional practice and good sense. The attempt to, let us say, fix the next fixed-term Parliament ought to be prevented at all costs.
Chris Bryant
I warmly congratulate the hon. Member for North East Somerset (Jacob Rees-Mogg) on his amendment and the hon. Member for Stone (Mr Cash) on his amendment, which I shall address in a few moments. I should, of course, have called them “new clauses”; Mr Speaker corrected the hon. Member for Stone on that earlier. However, I think that the hon. Member for North East Somerset rather misled the House. He did not do so in any dishonourable way, but he suggested that he was not here in 1911. I do not believe that any Member of this House believes that he was not here then or, for that matter, in 1832 and 1641. If it was not exactly him, on each of those occasions it was certainly his predecessor who made almost identical speeches. So I congratulate him on his consistency, which has lasted not only for the length of a Lib Dem manifesto, but through the centuries, and I am sure he will be here for many generations to come.
Mr Cash
I have been increasingly impressed over the months by the manner in which the hon. Gentleman has tackled these constitutional questions. He is putting the House in a far better position by the manner in which he explains many of his points. Having got over that bit of flattery, I point out that it might have been a good idea if, at this point in his speech—perhaps he is coming on to it—he had referred to the comments of the Clerk of the Parliaments. The Bill will go to the House of Lords, as I have pointed out, and we do not quite know what their lordships will make of it. Not only did the Constitution Committee come to a certain conclusion on the issue that my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) has raised, but so did the Clerk of the Parliaments. He said:
“It is...clear that the [Fixed-term Parliaments] Bill does contain provision to extend the maximum duration of a Parliament beyond five years, and that it cannot, therefore, be passed under the Parliament Acts procedure unless, before it leaves the Commons, the [relevant] provisions...are amended.”
Professors Bradley and Oliver agreed. That is an important point. Forgive me, Mr Deputy Speaker, for making rather a long intervention, but I wanted to get it on the record that this is not just a minor matter but something on which the House of Lords appears largely to have made up its mind.
Chris Bryant
I am always a bit reluctant to presume what the House of Lords’ final view might be, not least because three new Members of the House of Lords are being introduced every day at the moment—it is something of a moving feast down the far end of the corridor. The hon. Gentleman is absolutely right about the Clerk of the Parliaments, and incidentally I want to pass on congratulations to Mr Beamish, who has just been appointed the new Clerk of the Parliaments. It is also true that the Clerk of this House has made it clear that there are significant concerns about clause 2, which I shall come on to when I discuss the new clause tabled by the hon. Member for Stone. I am also always very grateful for any oleaginous support I can get.
The point I hope to make about new clause 3, tabled by the hon. Member for North East Somerset, is that I think that there is already adequate provision in the Parliament Act to ensure that Parliament cannot be extended. His new clause would apply to the whole of clause 1, so we would not be able to amend any of the elements of it, even if they had been adumbrated in a manifesto commitment and a single party won the next general election with a majority and legislated in that way. We would not be able to use the Parliament Act even to shorten the length of a Parliament.
If we win the next general election, notwithstanding the fact that we will have won, in a sense, the right for a five-year fixed-term Parliament—I hope we will— want to reduce the number of years from five years to four. As the hon. Member for North East Somerset has shown, historical consistency across the years is a good political attribute rather than a failing.
Chris Bryant
Indeed, Mr Deputy Speaker, although I am not sure that we really have got to the edge of your knowledge; I think your knowledge is boundless, and consequently I agree with you. [Interruption.] The Parliamentary Secretary, Office of the Leader of the House of Commons, is talking about the pillars of Hercules, which is a rather fine pub I have sometimes frequented in—well, north London somewhere.
The new clause tabled by the hon. Member for Stone seems quite sensible, because we believe that section 2 has a series of elements that, as the Clerk of the House has pointed out, are problematic. We think that because the provision has been put into statute rather than included in the Standing Orders of the House, there is a real danger that elements could be questioned in the courts, and one would then have a dramatic constitutional crisis. Consequently, we understand that, as the hon. Gentleman said, those elements are there entirely to bind together the coalition. We understand why the coalition would want to maintain that element, but we certainly do not believe that a future Government should be bound by it.
The hon. Gentleman is right to say that no Parliament is bound by its predecessor and no Parliament can bind its successor. However, there is one sense in which it can delay its successor, because it makes it have to re-legislate if it wants to take away a part of statute law. It seems to me that since it is clear that this piece of constitutional—
Chris Bryant
I was thinking of jiggery-pokery. Section 2 is being proceeded with not on the basis of consensus across the House, but on the basis solely of an agreement between the two coalition partners, so it would seem to us to make sense to make an allowance in the Bill that the section would die at the next general election. I note that the hon. Gentleman has crafted his new clause carefully so that it does not say 2015; it simply says that section 2 expires when the Parliament that was elected in 2010 comes to its end. At that point, whatever new Government had been elected could choose whether to continue with the provisions or to let them lapse. If it were a Labour Government, I am pretty confident that we would want to ensure that the provisions lapsed. However, what other parties may want to do is for others to determine.
The key point is that we would not want to have to introduce primary legislation to repeal this element of the Bill. For those reasons I am keen to support the hon. Member for Stone. I do not think his new clause quite throws the whole of the ship into the whirlpool, but I think that the throwing of a few sailors into the mouths of the demon in North East Somerset would be inappropriate, and consequently we shall support new clause 5 but not new clause 3. I very much hope that we shall be able to divide the House on this matter.
European Union Bill
Debate between Chris Bryant and William Cash(13 years, 10 months ago)
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Mr Cash
I am grateful to my hon. Friend, because as I mentioned earlier, under the Constitutional Reform Act, there is no displacement of the doctrine and, indeed, the constitutional principle that judges may be removed by an address of both Houses of Parliament. Furthermore, as my hon. Friend has mentioned the 17th century, the 1610 case of Dr Bonham continues to apply, up to and including the 2005 Act. Lord Chief Justice Coke asserted that the common law could usurp Acts of Parliament—I am paraphrasing, but he was specific—but he was dismissed by Parliament for making such assertions. My hon. Friend’s point is therefore well made, and was part of the constitutional settlement in the Act of Settlement 1701 and is still part of that settlement by virtue of the Constitutional Reform Act 2005.
Chris Bryant (Rhondda) (Lab)
Notwithstanding that, Coke was one of this country’s greatest Chief Justices. The hon. Gentleman appears to be arguing that we do not need to define parliamentary sovereignty, because it is a well-established and well-understood concept, yet he is clutching a book, which I assume is by Jeffrey Goldsworthy, who has written a lengthy, dense book on the subject. Indeed, he has written two books on it, including a recent one, so it is clearly not as simple as the hon. Gentleman would like to suggest.
Mr Cash
What is simple is that the concept of parliamentary sovereignty requires some explanation, and Jeffrey Goldsworthy does that. The question is not merely about parliamentary sovereignty; it is also about the manner in which the courts apply themselves to that doctrine. That is where the mischief lies and that is what my amendments would deal with.
I should like to respond to the Government’s reply, published only yesterday, to the European Scrutiny Committee. The Government say that they have never claimed that parliamentary sovereignty is under threat from EU law, but a problem remains for them. The evidence to the Committee was that that could well change in future, given current judicial trends; that is exactly what we were told.
The Government claim that disapplying EU law, an issue that has just been raised, would have unacceptable consequences—with infraction proceedings, and so on. But I make the point clearly that according to the evidence that we received, not only are several countries already in breach of EU law—France’s deportation of Roma immigrants, for example; no action was taken—but there is non-compliance on a massive scale. We know all about that, with the stability and growth pact.
There has also been the more recent failure to comply even with EU law itself in respect of the financial stability mechanism. Anybody with two brains to rub together would know that article 122 could not possibly justify—[Interruption.] Well, “Two Brains” could. No one could justify the use of article 122 for the purposes of that mechanism. If in the national interest, Parliament decides to do so, that is that. We obey EU law only in so far as it is a matter of statute and continues to be regarded as a matter of national interest.
As to the background of all this, my right hon. Friend the Prime Minister made several speeches before the general election that clearly demonstrated that we would no longer allow Britain’s laws to
“be decided by unaccountable judges.”
He said that their role was to interpret not to make law and that the sovereignty of Parliament needed to be safeguarded not only from the EU but from current trends in judicial thinking. We were promised last year:
“you can be assured that you have a Conservative prime minister who will act in the national interest. And putting your country first is about the most important Conservative value there is.”
The Prime Minister also said:
“The Conservative Party has always been a party that puts the national interest first.”
I absolutely and entirely agree. By the way, it was Disraeli who said that the Conservative party was a national party or it was nothing; I agree with that, too.
The tragedy is that the coalition and the Liberal Democrat influence in the formulation—and subsequent discussions, I suspect—of clause 18 and the Bill as a whole have gone a long way towards undermining the commitment to putting the national interest first. I fear that, far from working together in the national interest—and it is not just on this one clause—we are now witnessing policies that in relation to matters as important as the sovereignty of Parliament are actually working against the national interest.
That could be remedied very simply by dealing with the omissions, dangers, ambiguities and hazards that the clause throws up and by accepting my simple and modest amendments. My challenge is this: will hon. Members vote down an amendment that says:
“The sovereignty of the United Kingdom Parliament in relation to EU law is hereby reaffirmed”?
We all know that it is not possible to constrain the judiciary in relation to EU law except by using clear words. Those are lacking in clause 18, and I have substituted words that have the appropriate effect.
Fixed-term Parliaments Bill
Debate between Chris Bryant and William Cash(14 years ago)
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Chris Bryant
In case there were any doubt about it, I shall join the hon. Gentleman in the Division Lobby unless the Whips manage to get to him, which is very unlikely. They rarely manage to get to him—he is an undiscovered country beyond whose bourn no Whip has ever returned, since we are doing “Hamlet” this afternoon.
Mr Cash
There is one simple reason why some of us voted for the confidence motion on Maastricht. I remember pointing to the late John Smith, who was then Leader of the Opposition, and saying, “There is only one reason why I am going to vote for the present Government on this occasion, and that is because you are more of a federalist than they are.” That is why that vote went that way—it is as simple as that.
This is not only about the shenanigans with the Whips, the patronage, the promises, the chicanery behind closed doors, and all that, leading to yet another coalition agreement, no doubt based on different principles, in order to stay in power. The other aspect—we can get to it later, which is why I am about to bring my remarks to an end—is that it is dependent on the Speaker of the House of Commons issuing a certificate certifying the motion of no confidence. That is an extremely important matter, which we need to discuss properly after the debate on this group of amendments.
I think I have spoken quite enough for the time being, and I would be very glad to expedite matters by moving on as soon as possible to the next issue. I think we will have a very interesting and, if I may so, seminal debate on the role of the judiciary in relation to parliamentary sovereignty.
Chris Bryant
The last moments of the speech of the hon. Member for Stone (Mr Cash) sounded a bit like a trailer for the next debate. If he does not mind we will stick with this one for the moment, although he is absolutely right to say that the way in which all the different elements of the Bill tumble together in a concatenation will make for a fairly dangerous precedent if we are not given further clarification.
It is important that we establish some basic first principles on no confidence motions. First, the Government should at all times enjoy the confidence of the House of Commons. It is important to state that that should be a matter solely for the House of Commons, no matter whether we change the composition of the House of Lords in future, as I hope we do. I note that motions of no confidence have been tabled and debated in the House of Lords, but that is inappropriate. The elected House of Commons, the primary Chamber, should determine whether the Government enjoy the confidence of Parliament.
Secondly, it is important to say that just because the Government lose a vote, they do not necessarily have to fall. That is an important principle because I think that there are only two Prime Ministers since the second world war who have not lost votes at some point. Even Churchill lost one vote in his period as Prime Minister after the war. Attlee lost four, even when he had a majority, and Wilson lost 31, six in his first time as Prime Minister and 25 in his second. Callaghan lost 34, none of which did for him—well, obviously one did in the end. It is a sign of a healthy relationship between the Executive and Parliament if the legislature is able to defeat the Government on occasion on bits and pieces of legislation.
Obviously there comes a point at which a Government might not be able to continue, for instance because they have not been able to get their Budget through in any shape or form, or because they cannot take through some major piece of legislation. In practice, as the hon. Member for Stone mentioned, what has normally happened is that the Government have brought forward legislation and then lost a vote on an amendment or some motion. Often, the Opposition have then tabled a motion of no confidence the next day.
The convention of the House—I note that it is only a convention—is that the Government automatically give precedence to a motion of no confidence, so that it can be debated immediately. It is obviously in the Government’s interests to resolve the matter of whether the House has confidence in them. I merely note that now we are putting elements of the matter into statute rather than depending on convention and Standing Orders, there is no provision to ensure that a motion of no confidence is guaranteed precedence and can be debated swiftly, one would hope the next day.
Governments have lost large numbers of votes since the second world war and before, and that is important. Some of them have been finance votes, and it is perfectly satisfactory for some finance votes to be lost, for instance on stamp duty or the rate of income tax. On 16 July 1974, the Government lost a vote on a Liberal amendment to the Finance Bill. On 8 May 1978 the Conservatives moved that income tax be cut from 34% to 33%, which was carried against the Government’s wishes. On 10 May that year another Conservative amendment to the Finance Bill was agreed to, and the Government lost another motion the next day in relation to sending the Finance Bill off to Committee.
I do not believe that such losses should of necessity mean that the Government should fall, or indeed that they have lost the confidence of the House in its totality. I also do not believe that a motion to censure an individual member of the Government should, of necessity, lead to the fall of the Government, a new general election or to inciting the provisions in the Bill. There have been occasions in the past, when, effectively, a motion to censure an individual member of the Government has been so considered. The last occasion when a Government who had a majority of seats in the House of Commons lost a motion of no confidence was in 1895. The motion was on reducing the salary of the Secretary of State for War, Mr Campbell-Bannerman, by £100 because he had not provided enough cordite to the troops. The motion was carried. Even though Campbell-Bannerman was probably the most popular Member of the Government at the time, he resigned and the Prime Minister decided that he would consider it to have been a motion of confidence, and the Government resigned. The incoming Conservative Government decided to seek a Dissolution and hold an election and the Conservatives came to power.
Mr Cash
The hon. Gentleman makes an extremely interesting case. He has demonstrated that motions of confidence come in all shapes and sizes—the essence of such motions is whether the House of Commons has lost confidence in the Government—but the question whether the courts will get their hands on such matters is the big issue, and that troubles me. However interesting it may be to go through the various facets of this group of amendments, if we are to have a vote on the courts, we must get on to the next group of amendments, because we need to debate that.
Chris Bryant
I very much hope that we do. There are two elements to why this debate matters: first, the role of the Speaker, and secondly, the role of the courts, which is what the hon. Gentleman wants to debate.
Contrary to what the Minister said, the Opposition rather than the Prime Minister often determine what is and is not a motion of confidence. As we heard, the Prime Minister could decide that the question whether the House adjourns is a matter of confidence, or he or she could refer to minor legislation as such. However, the Opposition can not only table a motion of no confidence, but declare that another matter is a matter of confidence. Effectively, they can demand that the Prime Minister address such a matter personally.
On 15 January 1972, Second Reading of the European Communities Act 1972, which I suspect the hon. Member for Stone knows well, was declared by the then Prime Minister to be a matter of confidence. He said that if he lost, there would be a general election. Undoubtedly, some decided to support him for that very reason.
Fixed-term Parliaments Bill
Debate between Chris Bryant and William Cash(14 years ago)
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Chris Bryant
Yes, of course. The hon. Lady is right in the sense that constituents will not have to worry about the date of the election. In fact, newspapers and the BBC will have to employ considerably fewer journalists, because they will know the date of the general election and actually have to obsess about something else. However, the past 50 years have shown that, for the most part, once a Parliament has run for more than four years, either the Parliament itself is so fed up with the Prime Minister that it chooses to change the Prime Minister before holding a subsequent general election, or the country is becoming pretty fed up.
Mr Cash
Does the hon. Gentleman accept that, really, this is not a fixed-term Parliament Bill at all? I mean not to criticise but to ask him a question, because, contrary to what he says, the Government do not make all the rules, the House of Commons does. If the House decided to go for a confidence motion because it happened to be fed up with the Government in question, as it did over Maastricht, we could end up with the situation in which the Government lost control. Then there would be a general election, and there would be no fixed term at all.
Chris Bryant
That is right, but that is a point in relation to clause 2 and at the moment we are dealing with clause 1. [Interruption.] At the moment we are talking about clause 1. In fact, the Bill is not really a fixed-term Parliaments Bill, because it does not determine how many days it should sit within those five years; it is a fixed-term elections Bill: it determines when elections shall be. There are things that we need to change in relation to Prorogation and so on, and we shall come on to that at another point in the debate, but, for the most part in this country, after four years and often before, the mandate on which the Government were elected becomes pretty thin, and they start doing things—sometimes pretty unpopular things—that were not clearly outlined in their manifesto. The party or parties might have made all sorts of commitments before they went into government, but events come along or the Government suddenly discover things that mean they have to break those manifesto promises or commitments, and the longer that a Government go on after four years, if they do so, the more likely they are to undermine respect for Parliament.
Chris Bryant
I am grateful to the hon. Gentleman for sitting there in his rotund way—[Interruption] I am sorry, orotund way—and providing me with the suggestion that I might refer to France. He is absolutely right, and I will indeed come to France. He might also have mentioned, orotundly, that Italy, Austria, Malta, Cyprus and Luxembourg have provisions for five years. It is worth pointing out that in Italy there have been 17 elections for its Camera dei Deputati since 1945, and only twice in that time has the Parliament run for the full five years.
Mr Cash
I wonder whether the hon. Gentleman might take on board the fact that the systems of all the other countries in Europe that he has rightly cited are based on written constitutions. Does he accept that the virtue of the British system is its flexibility? Moreover, there is the example of 10 May 1940—the day I was born, as it turned out—when Chamberlain was effectively dispatched because he had completely failed and Winston Churchill took over. That was on the very day that Hitler invaded the lowlands. In other words, we make our decisions based on whether we in this House, on behalf of the people, decide that the Government have had their day.
Chris Bryant
The hon. Gentleman is, in effect, making an argument against the whole of the Bill, because he is basically saying that we should not have fixed-term Parliaments. [Interruption.] I am sorry—he is chuntering so I cannot quite hear what he is saying. However, I disagree with him. My argument is that if we are going to have fixed-term Parliaments, they should not be of five years but of four years, partly because otherwise we will end up having the longest-running Parliaments in the European Union.
In Italy, very few Parliaments have gone on for five years because the President has the power to suspend the Parliament early. In Austria, there have been even more general elections—20—although that country has had a fixed five-year term since the war. Malta has had 16 elections since the war, and only since 1998 has it stuck to the five-year period. Cyprus has had regular changes to its constitution for a whole series of different reasons, not least in relation to Turkey. Only Luxembourg has a fixed five-year term that it has stuck to since 1974. In all these cases—I thought that this is the point that the hon. Member for Stone (Mr Cash) was going to make—the elections are held on the basis of a system of proportional representation, where there is an expectation that Parliaments might fall rather more frequently because elections do not tend to bring in one party with an absolute majority of seats in the relevant House.
Parliamentary Voting System and Constituencies Bill
Debate between Chris Bryant and William Cash(14 years ago)
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Chris Bryant
My hon. Friend is absolutely right that there is no fixed determined policy that we are completely and utterly in all cases implacably opposed to thresholds. Nor, for that matter, is there a belief that we ardently should have thresholds. However, I suspect that the hon. Member for Stone has tabled this amendment in some sense as a wrecking amendment, in that he does not really want AV, and that is part of his intention.
Chris Bryant
I shall not give way to him, because there is very little time for debate. I accept that that might not be his intention, but none the less it might be the result of such a thing.
UK Parliamentary Sovereignty and the EU
Debate between Chris Bryant and William Cash(14 years, 5 months ago)
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Chris Bryant
Which shows what a generous soul I am.
It is good to see the hon. Member for Aldridge-Brownhills (Mr Shepherd) in his place. He pointed out that Parliament consistently assents to such measures, which relates to the point I made earlier about the European Union and scrutiny in this House. Parliament assented originally in the European Communities Act 1972, and we continue to assent every time we choose not to have a vote, and every time we choose to do so and vote in favour. In a sense, therefore, the nub of the question about sovereignty is rather different.
Chris Bryant
If the hon. Gentleman does not mind I will not give way, which means I will shut up sooner. He spoke for some time and we want to hear from the new Minister.
There are some significant paradoxes and problems facing the Union. We all rightly fight for fiscal autonomy for each of the member states, but also know that we are economically interdependent. If the euro collapsed it would be bad for the British economy, not least because to all intents and purposes, in many regards we are Europe’s banker. We want the rest of Europe to shoulder more of the security burden around the world, particularly in Afghanistan. At the same time, the only way we can achieve that is by cajoling and persuading. We want Europe to punch its weight in relation to the emerging economies—Brazil, Russia, India, China and so on—but we rely on self-discipline to achieve that and often, self-discipline does not work when Russia holds out its paw with an enormous financial offer.
We want better protection—for instance, for British people who have chosen to live in Spain and whose houses are being pulled down—but we are not prepared to ensure that Europe has the enforcement powers when rights are not being protected. We want better EU regulations so that financial services organisations in Cyprus, for instance, do a better and more legitimate job, but at the same time we want to ensure the autonomy of the UK financial services industry. We want Romania and Bulgaria to be members of the Union, but at the moment I can see no prospect of allowing Romanians and Bulgarians to work in the UK. I suspect that the same might be true of Croatia and the other countries we hope will become members of the European Union in the near future, such as the western Balkan countries. We want them to join, but I suspect that the Government want a derogation so that those nationals cannot enjoy freedom of employment in the UK from day one; perhaps the Minister will clarify that point later.
Likewise, I have always considered the operation of the common agricultural policy immoral in many ways, as other countries are unable to compete because we subsidise so much. At the same time, if there was not a common agricultural policy there would be a French, Italian, German or Greek one, which could be considerably worse. There is a constant clash at the heart of Europe between subsidiarity and collective action, and now is a key moment in European politics to decide how to reconcile such issues. I suspect that such a reconciliation will happen at a dinner on Wednesday evening when Angela Merkel and President Sarkozy meet up. Let me say gently to the Minister that I hope he ends up joining the European People’s party, because it is easier to do business sitting at the table when the decisions are being made, rather than waiting for the moment after the decisions have been made by the big players.
The hon. Member for Stone did not refer much to his or the Government’s sovereignty of Parliament Bill. I have expressed views on the matter before, so I will not bore the Chamber with them again. Suffice it to say that it will either mean nothing because Parliament is already sovereign—it could, if it wanted to, withdraw from the European Communities Act 1972, it could repeal the Act or decide that the legislation no longer applies—or it will mean something, in which case this House can say, “We don’t care what has been decided through the co-decision process; we simply disagree.” It could say, “I don’t care whether the Government have signed up to it; we disagree and we are going to strike down that legislation.” Such a move, however, is potentially very dangerous because it puts us on course for leaving the Union.
I have a few questions for the Minister. He told us that there would be a new Europe Committee—a Cabinet Sub-Committee. Has it met yet and is it to meet in public? It will be fascinating to see the Deputy Prime Minister and the Foreign Secretary publicly debating Europe. Will the Committee include Members from the devolved Administrations in Wales, Northern Ireland and Scotland? Some of the issues that come up at such meetings are devolved responsibilities, so there might be a particular value in including those Members. I have similar questions about the committee on parliamentary sovereignty. Who will chair it and who will be on it? When will it meet and what resources will it have? Will it effectively be a parliamentary commission, and if not how will it conduct its business; and when will it complete its work? Finally, what is its precise position on whether Britain and countries outside the euro should be required to present their budgets to the Commission? It seems bizarre that the European Union or the Commission—in whatever format—should be able to have sight of a British Budget before the British Parliament.
European Affairs
Debate between Chris Bryant and William Cash(14 years, 5 months ago)
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Chris Bryant
I was about to make exactly that point. It is so rare for my hon. Friend to help me in any debates on Europe, but it is a great pleasure. It might just be a facet of today’s debate, but, as I was just about to say, it is an enormous shame that, while we have had several maiden speeches from women Opposition Members, we did not have a single one from a woman Government Member. I do not want to make a big partisan point about that, but we must achieve a House that is more representative of the whole of Britain.
There have been some excellent speeches. The hon. Member for Wyre Forest (Mark Garnier)—
Chris Bryant
Far be it from me to take any mantles upon myself at all, although I thought that I might be Warden Hodges, who was always the nemesis of Captain Mainwaring.
Anyway, we had a splendid speech from the hon. Member for Wyre Forest—[Interruption.] He has moved! He gave us some wonderful geographical outlines of his constituency, and I thought that I could just hear Elgar playing in the background.
We also had a splendid speech from the hon. Member for Brighton, Kemptown (Simon Kirby), who talked about how the French razed Brighton at some point. He thought that the people of Brighton were rather troubled by the French, but then he went on to praise the Norman church. I think that at some point the Normans were the French, were they not? So there seemed to be a bit of inconsistency there, but he made a splendidly short speech, and brevity is the soul of wit in this Chamber. [Interruption.] That does not apply to me. [Interruption.] Neither brevity nor wit.
We had a splendid speech from my hon. Friend the Member for Wirral South (Alison McGovern), who gave us a great sense of a passion for culture, which is not just an add-on to political life, but absolutely intrinsic to the life of her constituency. She also referred to our former leader, Harold Wilson, and his time in the constituency.
We had a splendid contribution from the hon. Member for York Outer (Julian Sturdy)—a peculiarly named and, perhaps, constructed constituency. He referred to it as a doughnut constituency and he did, indeed, sound like the representative of the York tourist board, as of course all hon. Members do at some point—well, not for York, obviously. He said that it is his 39th birthday, so we wish him well. He does not look 39 yet, but I can assure him, given the way that Independent Parliamentary Standards Authority is treating us all, that within a year he will look considerably more than 40. I also note that he looks a little like his father, the Member of the European Parliament.
We heard a splendid speech from my hon. Friend the Member for Newcastle upon Tyne North (Catherine McKinnell), who referred to Doug Henderson. I hope that she will be running marathons as well. He was, I think, the third fastest marathon runner in the House; there is a tradition that several are run every year. She referred to Rolos—I never liked Rolos very much—and Andrews Liver Salts, which did not seem like a particularly interesting combination of food. She is a very astute woman, because she praised the local media assiduously; I am sure that that will get her a fine headline in her local newspaper.
My hon. Friend the Member for Sunderland Central (Julie Elliott) made a fine speech. I did not understand any of the stuff about football, because I have never understood football; I look forward to switching off all the televisions over the next month. She referred to Chris Mullin, a Member who was respected across all parts of the House for his work—and feared, in equal measure, because of his diaries. There are more instalments to come, I fear.
The hon. Member for North Warwickshire (Dan Byles) kindly referred to Mike O’Brien, who was, again, respected by many people. He mentioned the bun day at his local school, with the giving out of buns. It sounded as though that was happening during the general election, which I thought counted as “treating”, but there we are. He referred to his time in the Royal Army Medical Corps and in Banja Luka in what was, I think, normally referred to as the mental factory rather than the metal factory. It is good to have such a mix of people who have served in the armed forces in this House, especially when we are still at war.
My hon. Friend the Member for Nottingham South (Lilian Greenwood) made a very good speech. For me, the most moving point was when she referred to the squandering of the talents of so many women. She has experienced that in her own family’s history, but it is also true in very many walks of life, and it is something that we still need significantly to address.
The hon. Member for North West Leicestershire (Andrew Bridgen) started with a risqué joke. I myself have never used a risqué joke, or tried to be risqué, in the past. He said that he loved Europe, but of course we knew what was coming—he does not really like Europe very much, or any of its institutions, and certainly not the single European currency.
My hon. Friend the Member for Sefton Central (Bill Esterson) made an important speech, particularly in relation to the need for 21st-century buildings if we are to provide 21st-century educational standards. He talked about the exploitation of foreign workers, with a very interesting story from his own family.
The hon. Member for Hove (Mike Weatherley) said that he is an Iron Maiden fan, or supporter; in any case, he intends to wear his T-shirt in here at some point. He mentioned various films because he has a history of his own in that line of work.
My hon. Friend the Member for Easington (Grahame M. Morris) made an extremely passionate speech referring to the problems that mining constituencies have had—something that I know about from my constituency in Rhondda, where we still have to overcome some of the problems that were given to us from the past.
The hon. Member for Dartford (Gareth Johnson) mentioned Wat Tyler’s revolt. I thought that we were about to hear a radical, left-wing speech and that he was going to give us Wat Tyler’s lines, “When Adam delved and Eve span, who was then the gentleman?”—but then we know, of course, that it is every single member of the new Cabinet.
The hon. Member for Dover (Charlie Elphicke) went right back in history to the time of Julius Caesar and said that the border controls were rather good in those days; well, they were not, really, because we were entirely invaded. He described Dover as the gateway to England, whereas I think of Bristol as the gateway to England from Wales—a far more important avenue.
The hon. Member for Great Yarmouth (Brandon Lewis) started by talking about the death warrant for Charles I. I was a little bewildered at that point, because I thought that he was going to blame that on the European Union.
Chris Bryant
I see the hon. Gentleman nodding. He thinks that everything bad that has ever happened is basically down to the European Union, the Labour Government or, for all I know, me personally.
There were also important contributions that were actually about Europe. In particular, the hon. Member for North Dorset (Mr Walter) referred to the issues relating to the Western European Union, in which he has played a significant part. I hope that the new Minister for Europe will be able to answer some of those questions, particularly about what his plans are for making sure there is a replacement, so that the important job of scrutinising European foreign and defence policy is not just assumed by the European Parliament. That would not be the right place for that to be done.
My hon. Friend the Member for Linlithgow and East Falkirk (Michael Connarty), who I hope is not only the past Chairman of the European Scrutiny Committee, but the future Chairman, made some important points about how we conduct scrutiny in the House. I have always thought that we have not done it very well and, during my time as a Minister, I tried to improve that. I hope that the Minister will be able to say whether he will table a new scrutiny reserve resolution for that Committee as soon as possible. That was very much in the pipeline before the general election and I hope it can be arranged as soon as possible.
I celebrate the presence of my hon. Friend the Member for Birmingham, Edgbaston (Ms Stuart) in the Chamber. Even if she can sometimes slightly irritate me, I am delighted she is here. The doughtiness of her campaign in her constituency stood her in good stead in the general election and, even though we sometimes disagree with her, I am sure that we all accept that the doughtiness of her argument is well put. She made some important points this afternoon about the euro and the genuine crisis in Europe, as did my hon. Friend the Member for Luton North (Kelvin Hopkins). However, he did say something rather odd about Argentina’s economy, which I would suggest is nowhere near as prosperous as he seems to think.
The speeches of the hon. Member for Stone (Mr Cash) speak for themselves and I cannot add to them. He put his Front Benchers on the spot a bit about whether there should be a referendum, which was an important point also well made by my hon. Friend the Member for Bassetlaw (John Mann). One of the most controversial European issues––it certainly has been over the past six months in British politics, although it is rarely expressed in public––is that of migration within the European Union, and I do not understand why accession treaties should not, under the logic being advanced by the new Government, be subject to a referendum as well. It is one of the issues that will most materially affect member states.
Chris Bryant
The hon. Gentleman makes a point to which I hope the Minister will be able to reply.