European Union (Withdrawal) (No. 6) Bill

Debate between Christopher Chope and William Cash

3rd reading: House of Commons & Committee: 1st sitting: House of Commons
Wednesday 4th September 2019 Commons Chamber

[Sir William Cash]

That is true. Indeed, we had all this back in April when, if one looks at the text of the decision and the manner in which it has taken, one can see that it was hedged with certain conditions. What is going on here is that this Bill is driving us to do something that is in complete contravention to the decision that has been taken already in section 1 of the European Union (Withdrawal) Act 2018, which itself implements the decision that was taken by the British people. This Bill undermines the referendum, it undermines the law of the land as expressed in section 1 of the 2018 Act, and the commencement order has already been made.

I pay tribute to my right hon. Friend the Secretary of State for Exiting the European Union for bringing in that commencement order, which makes things a done deal. We are now in a position whereby we have repealed the European Communities Act 1972, subject only to the fact that the law of the land says that that will have effect on 31 October. This Bill is a monstrous piece of legislation designed to turn inside out not only our constitutional arrangements, but the decision of the British people in the referendum and Government policy.

The Prime Minister established another important point in his leadership election result. He got two thirds of the parliamentary Conservative party to vote for him, and he got two thirds of the grassroots—the associations—to vote for him. If ever a Prime Minister had a mandate to make such decisions within the framework of the Conservative party, it is there, which is another reason why I take exception to the fact that this Bill is going through because a number of colleagues—I am sorry to have to say this, because it is a sad business—are flying in the face of the mandate that the Prime Minister got within the framework of the Conservative party.

There is no doubt whatsoever that, within the framework of our constitution—and I will conclude with these words—it is simply monstrous that we should be put in a position where a judicial duty is imposed on the Prime Minister to make a decision under the terms of this Bill. Frankly, I find it inconceivable that anyone could possibly vote for it.

[Sir Christopher Chope (Christchurch) (Con)]

It is a pleasure to follow my hon. Friend the Member for Stone (Sir William Cash) who, as always, is on the side of the optimists rather than the defeatists.

Listening to the hon. Member for Aberavon (Stephen Kinnock), with whom I have had the pleasure of serving on the Brexit Committee, I fear he is a pessimist in this. He thinks we need a compromise, but he does not talk about the need for the European Union to compromise. He talks only about the need for the United Kingdom to compromise, in the face of a clear commitment by the British people to leave the European Union.

I will speak briefly to the amendments in my name and in the name of my right hon. and hon. Friends. Three years ago, the people of the United Kingdom instructed us, with the largest democratic mandate in our history, to obtain a divorce from the European Union and, in March 2017, Parliament accepted that instruction by giving notice under article 50 of the EU treaty.

Article 50 makes provision for an amicable divorce or for a divorce without agreement. In a traditional divorce to dissolve a marriage, both parties accept the irretrievable breakdown and try to agree sensible future arrangements, but the EU has never accepted Brexit. The EU and its institutions do not want a divorce. If there was any doubt about that, it has been made clear to us on the Brexit Committee whenever we have visited the European institutions and their leaders that the EU is just hoping and praying that Brexit will go away and that we will remain in the European Union.

They do not want a divorce, so their motivation is to contest that divorce by putting forward unreasonable and unacceptable terms that offer us only a punishment deal. My right hon. Friend the Member for Maidenhead (Mrs May) anticipated that in her Lancaster House speech, in which she said she feared that that might be the approach of the European Union, that it would be intent on offering us a punishment deal.

That is exactly what the EU has done, and the only alternative to a punishment deal under article 50 is no deal. Unless amended, this Bill will remove even that option, which enables us to put pressure on the European Union to come to the negotiating table to talk about a better deal.

As my right hon. Friend the Leader of the House said yesterday, this is a dreadful deal that has already been rejected by the House on several occasions. With this Bill, are we really going to be left with the options of either no Brexit or Brexit in name only? That is essentially what we are talking about tonight.

The United Kingdom’s freedom to divorce under article 50 is constrained by this Bill by being made subject to an EU veto that enables the EU to block Brexit, effectively indefinitely, unless or until the UK reneges on the decision of a referendum. The Bill removes any incentive for the EU to negotiate, which is why the Prime Minister is right. If this Bill passes tonight, we will take away from him any opportunity to negotiate. All he could do is be a supplicant at the table of the European Union. In effect, this would be an example of modern international slavery, where we are imprisoned by the EU with no reasonable way out.