European Union (Withdrawal) Bill

Edward Leigh Excerpts

2nd reading: House of Commons
Monday 11th September 2017 Commons Chamber

[Sir Edward Leigh (Gainsborough) (Con)]

Our greatest parliamentary exponent of parliamentary democracy coined the phrase, “In Victory: Magnanimity.” Although, as one or two of my friends know, I am a leaver and my constituency voted 60% to leave, I think that that should be the Government’s approach, both to Parliament in the Chamber and to our European partners and allies. I do not think that it is enough just to allow time on a rainy Thursday on a one-line Whip. The Government should be as generous as possible with time, to allow the House to consider these matters. Personally, I do not see why we could not have three or four days on the Bill, as many people have put in a request to speak. After all, we spend a lot of our time discussing not very much. I would be open-hearted and generous with Parliament.

Before I refer specifically to the Bill, may I say by way of introduction that it would be useful to improve the atmosphere around the process? The truth is that this is a democratic process. Those of us who asked to leave the European Union made our arguments on the basis that we wanted to improve parliamentary democracy and put our people back in charge. That should be our whole approach, and it should be the Government’s approach.

To put that in context, I would be open-hearted and generous in the negotiations between Monsieur Barnier and the Secretary of State for Exiting the European Union. The important thing is that we are leaving, but I do not see why we should not be generous with the financial settlement. We should be as generous as the law dictates, but there is also the spirit of the law. As we have been in an organisation for 42 years, and as we have decided to leave—it has its own spending plans—I do not see why we should not assist it with some of its spending plans until 2021. After all, if we pay less, others will have to pay more. Some of my closest friends do not agree with that. We have the law on our side, but precisely because of that we can be generous.

On the rights of citizens, I have just spent time with Italian Senators who are visiting the building, and with the Italian ambassador. We need to be open-hearted and generous towards European citizens who live here, and proclaim now that we are absolutely committed to preserving their rights and those of every EU citizen, on benefits—[Interruption.] I know that we have done it, but we should keep repeating that we are determined to protect those rights. We should be open-hearted and generous in dealing with the House of Commons, in dealing with money, and in dealing with the rights of EU citizens. If we approach life and these negotiations in that spirit, doors might begin to open.

I listened to the shadow Secretary of State for Exiting the European Union—a brilliant lawyer. We are both lawyers. I am just a jobbing barrister doing criminal law in London. That is what I did when I was a young man. I cannot possibly match his debating skills. He does have a point, and we Conservatives should recognise that. My right hon. Friend the Member for Broxtowe (Anna Soubry) has a point; the right hon. Member for Birkenhead (Frank Field) has a point; my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) has a point. I will, of course, vote for the Bill, because that is what the people want me to do, and it is what my constituents want me to do. There is no alternative, but amendments will be tabled when we are sitting in a Committee of the whole House. I serve on the Panel of Chairs, and I know the Government’s position is always to reject all amendments. This time, they should be positive if something improves parliamentary scrutiny. We are going to get our way; the Government have a majority, supported by the Democratic Unionist party. We should be generous with our Scottish friends. If they have a genuine desire to ensure that powers from the EU do not come to the Westminster Parliament but go to the Scottish Parliament, we should be generous towards them.

There is a lot of false anger. I have sat through many debates in which shadow Secretaries of State puffed themselves up. We have heard a lot about Henry VIII. When I was a rebel I used to care about these things. Now I am a loyalist I let the Government get away with it in many ways. Henry VIII is a bastard, but he is my kind of bastard.

I have made my point. Listen to the House, accept some amendments and ensure that this process is time limited. The key thing for our constituents is this: that we leave the EU at the end of March 2019; that any implementation period lasts only two years; and that we then become an open, free-trading nation with the whole world, with a free trade agreement with the EU. Stick to the essentials, be confident, be generous with the House and we will win this battle.

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[Mr Bone]

Not for a moment, because on this particular point I think I am right: it is called the European Union (Withdrawal) Bill. I remember introducing a number of such Bills, or certainly speaking in favour of a lot of them. At that time, they were rather dismissed by the Government and we did not make much progress, so if I have an opportunity to support a Government Bill called the European Union (Withdrawal) Bill, as I do tonight, then I am going to take it, and I hope other Members do too. What the Bill primarily does is end European Union legislation and control over this House when we leave, while the second bit incorporates all EU laws into our laws—“retained EU law”, it is called. It is quite right that in future we should look at all those laws and decide whether to improve, reject or keep them, but there has to be a mechanism when we come out to have all those laws in place or chaos will occur.

[Sir Edward Leigh]

The hon. Member for Rhondda (Chris Bryant) raised a very important point in his intervention that has to be dealt with clearly on the Floor of the House. Personally, I am in favour of any compromise—any triage process, as suggested by my right hon. Friend the Member for Broxtowe (Anna Soubry) and others—but on this point my hon. Friend the Member for Wellingborough (Mr Bone) must be wrong. The House has a right and the powers, and historically it has been able to reject delegated legislation—otherwise what sort of Parliament are we in?—so he is making a wrong point.

European Union (Withdrawal) Bill

Edward Leigh Excerpts

Committee: 1st sitting: House of Commons
Tuesday 14th November 2017 Commons Chamber

[The Minister of State, Ministry of Justice (Dominic Raab)]

It is a great privilege and pleasure to speak on behalf of the Government on this essential Bill, and particularly on clause 6 and the various amendments proposed to it. The Bill is complex, but at root it boils down to achieving two basic but fundamental objectives, which it is worth bearing in mind as we consider the clause and amendments.

The first is that we are delivering on the referendum by taking back control over our laws, which is a major opportunity; that was the No. 1 reason why people voted to leave the EU in the referendum. The second thing that the Bill does is make sure there is legal certainty, with a smooth transition for citizens and businesses, mitigating one of the key risks of Brexit, which I believe is felt by people whether they voted leave or remain.

[Sir Edward Leigh (Gainsborough) (Con)]

It is essential that the Supreme Court has certainty. The first part of clause 6(2) is admirably clear:

“A court or tribunal need not have regard to anything done on or after exit day by the European Court”.

Why then have the Government included the following phrase at the end of the provision:

“but may do so if it considers it appropriate to do so”?

I think Lord Neuberger has a point, and I give the Minister an opportunity to make the Government’s position clear.

[Dominic Raab]

I thank my hon. Friend for that, and I shall come to that point a little later. The basic point that I respectfully make to the House at the outset is that the various clauses and amendments should be judged according to those basic strategic objectives: taking back control over our laws and making sure that there is a smooth legal transition, which I believe is my hon. Friend’s point.

Clause 6 serves both objectives. It sets out how, once we have taken back control over EU law, retained EU law should be interpreted on and after exit day. It makes it clear that once the UK leaves the EU, domestic courts will not be able to refer cases to the European Court—an affirmation of the supremacy of our own courts and our own legal order.

European Union (Withdrawal) Bill

Edward Leigh Excerpts

Committee: 2nd sitting: House of Commons
Wednesday 15th November 2017 Commons Chamber

[Caroline Lucas]

I thank the hon. Lady for her intervention, and I absolutely support what she says. Last night, I proudly went through the Lobby on amendment 79, which would have given the devolved Administrations more of a say on the Brexit process.

[Sir Edward Leigh (Gainsborough) (Con)]

We in this country are of course well known throughout Europe as a nation of animal lovers. The hon. Lady was kind enough to say that we started off this whole process. Once we leave Europe, will she join us in ensuring that in our own laws we have the best animal welfare protection in the world?

[Caroline Lucas]

As a passionate animal rights and animal welfare campaigner, I obviously want the best possible animal welfare laws in this country and in all countries, and I will not diminish my commitment to that.

I simply want to say that the omission in not transferring this bit of EU law into UK law—I understand why it cannot be transferred directly—is something that we could very easily rectify. As I say, I do not expect anyone to find any great controversy in doing so. New clause 30 is simply seeking to make sure that we close that gap. I am not for a moment suggesting that the result of our not closing it would be that we all suddenly went out and started murdering kittens—no one is suggesting such a thing—but I am saying that this is an important protocol. It was important enough for the British Government to use all their influence in the EU to have it included in the Lisbon treaty, and we should continue to have it in UK law.

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[Sir Oliver Letwin]

I leave that to the Government, but it is noticeable that new clauses 60 and 67 would have UK application. I take it that we will be able, by one means or another, to ensure that such legislation as comes forward is so discussed with the devolved authorities that it, too, has some kind of UK application. The precise means of doing that I am neither competent nor desirous to discuss in the context of these amendments.

[Sir Edward Leigh]

After Brexit, we all want to have the best environmental standards possible. Before my right hon. Friend sits down, will he return to new clause 30? If he reads new clause 30, he will see that it drives a coach and horses through the entire principle of the Bill, because in matters concerning animal welfare it would make, for all time, our courts and Supreme Court ultimately subject to the treaty of Lisbon. In that sense, new clause 30 is therefore a wrecking amendment.

[Sir Oliver Letwin]

I did not intend to return to new clause 30, which I did not table, but my hon. Friend may well be right. I am sure the Government will have something to say about sentience in UK domestic law.

I am under pressure from the Whips to end, and I certainly will end. [Interruption.] I am very sorry. I just express the hope that we can at least continue to discuss this. My hon. Friends and I, as well as the Secretary of State, have tried to discuss this in some detail with the environmental groups, and we should continue that discussion because there is a golden opportunity to do something very good for our country and for our environment.

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[Dominic Raab]

I am glad that the hon. Lady made that intervention. Clauses 2, 3 and 4 are subject to the savings and the caveats in clause 5 and schedule 1. The point about schedule 1 is not that no EU principles will apply after the date of exit, but that that date is the cut-off point for recognising EU principles as reflected in UK law. New principles that may evolve after that point do not become part of UK law; only the ones that arose before that point do. That is the clear intention schedule 1(2). I hope that that gives the hon. Lady some reassurance, but we will come on to talk about the savings in clause 5 and schedule 1 on a separate day next week, when I will be happy to return to that point if she has any outstanding concerns.

[Sir Edward Leigh]

Will my hon. Friend allow me to intervene one last time?

[Dominic Raab]

Perhaps shortly, but I am going to make some progress now, because I am hearing censorious noises from the Chair and I want to respond very obediently to them.

I turn to amendment 70, in the name of the right hon. Member for Ross, Skye and Lochaber (Ian Blackford). I think the sentiment behind the amendment is laudable, but I reassure the House that the amendment is unnecessary for the protection of rights. In fact, it is potentially counterproductive. Clause 4 will save all the directly effective rights that arise under the EU treaties to the extent that they are available now; that is the point that I wanted to get across to the hon. Member for North Down (Lady Hermon). We have deliberately not included a list of those directly effective rights in clause 4 or in the rest of the Bill, because there is no single, comprehensive and reliable list of all directly effective rights in the EU treaties. They are not set out in legislation—UK, EU or otherwise—but they are determined by the courts. Our approach is therefore based on procedural as well as substantive legal continuity.

The explanatory notes to the Bill set out a list of the articles from the treaty on the functioning of the European Union that the Government consider to contain directly effective rights, which will remain available in domestic law following our departure from the EU. That list, which includes article 157 on the right to equal pay, is intended to be illustrative of some of the rights that will continue to be available under clause 4. If we were to define a single list—especially if it was a non-exhaustive one—and legislate for it, we would inevitably run a significant risk of inadvertently omitting or mis-stating rights that individuals and businesses rely on, or suggesting to the courts that those rights were supposed to have a special status beyond the ones that were not listed.

We can reasonably expect individuals and businesses to want to rely on any list that we produced. Quite reasonably, they may not realise that they can rely on a wider set of rights that are not on any such list. The effect of amendment 70 would be at best to create legal uncertainty, and at worst—this is my concern—to mislead people about the rights available to them. The Government do not want that to happen, and I hope that I have persuaded the hon. Member for Airdrie and Shotts (Neil Gray) not to press the amendment.

I want to turn as briefly as possible—I will not take any further interventions to allow others to speak—to amendment 148, in the name of the hon. Member for Stretford and Urmston (Kate Green), who is in her place. It is important that the issue of children’s rights has been raised through the amendment, and I hope I can give her some reassurance. Most importantly, I want to reassure the Committee that the UK’s commitment to children’s rights and the UN convention on the rights of the child is and will remain unwavering. Our ability to support and safeguard children’s rights will not be affected by UK withdrawal from the EU.

Domestically, the rights and best interests of the child are protected in England primarily through the Children Act 1989 and the Adoption and Children Act 2002, as well as in other legislative measures. Scotland, Wales and Northern Ireland have their own measures for the protection of children’s rights, in accordance with the UN convention on the rights of the child.

The UK will of course continue to be a party to the UN convention, but amendment 148 is flawed in seeking to apply an EU principle of direct effect to a global UN treaty, which is of course governed by general principles of international treaty interpretation under the Vienna convention and customary international law. I am afraid that that is a recipe for legal confusion.

In any event, we already give effect to all our international obligations under the UN convention. For example, the Children Acts 1989 and 2004 set out a range of duties to safeguard and promote the welfare of children. In 2013, we issued statutory guidance to directors of children’s services, which requires them to have regard to the general principles of the convention and ensure that children and young people are involved in the development and delivery of local services. The Children and Social Work Act 2017 is a further example of how we constantly seek to make sure that we not only protect children’s rights but enhance them.

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[Sir Edward Leigh]

Will my hon. Friend give way?

[Dominic Raab]

No, I will make some progress, otherwise I will be in serious trouble. I have taken several interventions.

I must turn to amendment 94, in the name of the hon. Member for Bristol East, who has also tabled amendment 95. I will address the two amendments as briefly as I can. Amendment 94 is intended to include within the scope of clause 4 rights that might arise under EU directives, but which have not yet been recognised by the European Court or the domestic courts, and might only be recognised many years after we have left the EU.

There are three basic objections to amendment 94, notwithstanding the commendable spirit in which the hon. Lady has introduced her amendments. First, amendment 94 is at odds with EU law. It conflicts not just with the UK’s approach, but with the EU’s approach to what counts as—or what the definition is of—a directly effective right. By definition, such rights need to be sufficiently clear, precise and unconditional, and they must be recognised as such by UK courts or the European Court at the date of exit. The effect of her amendment would be to inflate the definition of what counts as EU law at the very moment that we are departing from the EU, which cannot be right.

The second objection is that the amendment would not provide the accurate snapshot of the law that we are seeking to take on departure. From a practical point of view, that would risk confusion for anyone trying to glean the true legal position with any reliability.

The third persuasive argument is that the fact that we are leaving the EU means that we are taking back democratic control of our laws. With that in mind, it would not be right, as the amendment envisages, to retain an ability for thousands of directives—parts of EU law that we are not incorporating—to continue to produce new legal effects long after we have left the EU. That would run in direct conflict with the objective of clause 4 and, indeed, the whole Bill. Given the number of EU directives in force, newly found directly effective rights would have a hugely disruptive effect on UK law.

European Union (Withdrawal) Bill

Edward Leigh Excerpts

Committee: 3rd sitting: House of Commons
Tuesday 21st November 2017 Commons Chamber

[Sir William Cash]

The Supreme Court would be applying the European interpretation in that context, and I simply say that it will involve disapplication of law. It is a matter not of assertion but of fact and law that that is precisely what will happen.

I urge my right hon. and learned Friend the Member for Beaconsfield and others not to press their amendments on the charter, because to do so would be totally unacceptable. I refer to what I have alluded to already: the principle set out by Lord Justice Bingham in chapter 12 of his magisterial book on “The Rule of Law and the Sovereignty of Parliament?”, in which he publicly criticised the attitude of Baroness Hale, now President of the Supreme Court, and Lord Hope of Craighead in suggesting that the courts have constitutional authority, as against an Act of Parliament. With respect to the whole question of parliamentary sovereignty and the issue of the courts, he says that various remarks had been made but:

“No authority was cited to support them, and no detailed reasons were given.

I cannot for my part accept that my colleagues’ observations are correct... To my mind, it has been convincingly shown”—

by Professor Goldsworthy, one of the greatest authorities on this subject—

“that the principle of parliamentary sovereignty has been recognised as fundamental in this country not because the judges invented it but because it has for centuries been accepted as such by judges and others officially concerned in the operation of our constitutional system. The judges did not by themselves establish the principle and they cannot by themselves change it… What is at stake”—

said Professor Goldsworthy—

“is the location of ultimate decision-making authority… If the judges were to repudiate the doctrine of parliamentary sovereignty, by refusing to allow Parliament to infringe on unwritten rights, they would be claiming that ultimate authority for themselves.”

Moreover, Lord Bingham went on to say that they would then be transferring the rights of Parliament to judges:

“It would be a transfer of power initiated by the judges, to protect rights chosen by them, rather than one brought about democratically by parliamentary enactment or popular referendum.”

With some irony, the Bingham Centre for the Rule of Law has put some of the contrary arguments.

[Sir Edward Leigh (Gainsborough) (Con)]

My hon. Friend is making some excellent points about parliamentary sovereignty, but I am not sure the point has yet been made that there has been a cosy consensus in this debate so far that everything about European human rights is wonderful and that we want to transfer those European human rights into our own law. Actually, many of us think that the advancement of European so-called human rights has been to the detriment of the rights of other people, particularly religious people, to find their own space, because European equality laws trump all other laws. When we regain parliamentary sovereignty, in this House and through our democracy, we can start asserting real human rights.

European Union (Withdrawal) Bill

Edward Leigh Excerpts

Committee: 5th sitting: House of Commons
Wednesday 6th December 2017 Commons Chamber

[Mr Leslie]

It almost beggars belief that we are hearing not only that the Cabinet has not yet discussed the sweeping of the single market and customs union from the table, and has not yet had the chance—it is very busy—to discuss the future relationship between the UK and the EU, but that it has not even bothered to commission impact assessments. If ever there was an example of a no-questions-asked Brexit—we just career headlong towards the cliff edge, blindfold, and we do not want to ask questions—this is it. We want no information, say the Government. That is the situation we are in.

[Sir Edward Leigh (Gainsborough) (Con)]

The hon. Gentleman is very well informed and of course, as we know, very bright, so perhaps he can inform the Committee of the cumulative net cost of the EU—our net payments over the last 42 years.

[Mr Leslie]

People have speculated that the net cost in terms of payments was about £10 billion a year, although some have said it was less, depending on how we look at it, but there is a cost to be paid for being a member of any club. We have to weigh against those fees and charges the benefits we get from being a member. If we are a member of a club and are gaining benefits from it, we have to ask whether the advantages outweigh the disadvantages and the benefits outweigh the costs. It is clear in terms of the wider economic expectations, and the Chancellor’s own assessments of what is going to happen to tax revenues in the future, that we are potentially going to be poorer as a result of some of the Brexit scenarios we are seeing.

European Union (Withdrawal) Bill

Edward Leigh Excerpts

Committee: 6th sitting: House of Commons
Tuesday 12th December 2017 Commons Chamber

[Mr Baker]

I will come to that a little later, but I hope that my right hon. and learned Friend will allow me to move forward.

[Sir Edward Leigh (Gainsborough) (Con)]

Will my hon. Friend allow me to intervene?

[Mr Baker]

I will give way once, but then I will make some progress, because I am 15 minutes in already.

[Sir Edward Leigh]

My hon. Friend has taken several interventions. Some of us have loyally supported Ministers throughout this process, and we want him to be robust, keep his lead in his pencil, deliver the Bill and ensure that none of our laws are left in limbo. I encourage him to the last.

[Mr Baker]

I am extremely grateful to my hon. Friend for his robust support, and I shall certainly watch out for my lead.

Our approach is to provide for the greatest possible scrutiny and transparency of the statutory instruments as they come forward. We began that process of providing transparency in the delegated powers memorandum accompanying the Bill, and in recent days we have published further information on how clause 7 would be used, including yesterday two draft SIs in the key area of workers’ rights, but there is more we can do to provide for scrutiny and transparency, which brings me to amendments 391 and 392 to 398, which will come before the Committee for a vote tomorrow.

I am pleased to repeat that the Government intend tomorrow to accept amendments 392 to 398, tabled by my hon. Friend the Member for Broxbourne, who is not here, but who nevertheless is a great champion of Parliament against the Executive, as he has demonstrated on multiple occasions. The Procedure Committee, which he chairs, agreed the amendments unanimously. I pay particular tribute to the Delegated Powers and Regulatory Reform Committee, whose report informed the Committee’s work, I understand. If his amendments are not moved separately, the Government will be happy to move them formally at the appropriate moment.

The amendments will establish a sifting committee in the House to look at instruments made under the power in clause 7 and two other key powers in clauses 8 and 9. I draw the Committee’s attention to the draft Standing Orders that my right hon. Friend the Leader of the House has published to establish a new Select Committee to consider the negative instruments in the way that my hon. Friend the Member for Broxbourne proposes. The amendments draw on the expertise of the Procedure Committee, and the Government believe that they offer a solution that will give transparency to the House over the Government’s choice of procedure and ensure that the House can recommend that any negative instrument under clauses 7 to 9 instead be debated and voted upon as an affirmative instrument.

The Government have also tabled amendment 391, which will place our commitments to transparency in the Bill and require that explanatory memorandums relating to each statutory instrument include a number of specific statements. The amendments are aimed at improving the scrutiny and transparency of the SIs that are to come. If the House accepts them, they will together be more than the sum of their parts. The combination of the proposals of the Committee and the Government will mean that any deficiency the Government identify in retained EU law will be transparent to the House. In the light of this information, or any other concerns, the House will have a mechanism to propose a negative instrument for the increased scrutiny provided by a debate and a vote in the House.

I particularly noted what my right hon. Friend the Member for Broxtowe (Anna Soubry) said about the political costs of not complying with the Committee’s recommendation. She nods; I am grateful. I am confident that, given that this proposal is in harmony with the way in which other Select Committees work in relation to the Government, it will provide an adequate means of holding Ministers to account on the choice of procedure.

European Union (Withdrawal) Bill

Edward Leigh Excerpts

Committee: 8th sitting: House of Commons
Wednesday 20th December 2017 Commons Chamber

I say to my right hon. and hon. Friends who are concerned about this, the idea—

[Sir Edward Leigh (Gainsborough) (Con)]

We have no concerns at all here.

[Mr Duncan Smith]

Is my hon. Friend asking me to give way?

[Sir Edward Leigh]

No, no.

[Mr Duncan Smith]

Excellent. It is always good to take a sedentary intervention from my hon. Friend.

I said I would be brief, so I will bring my remarks to a conclusion. I support the amendments and I congratulate those who drafted them. I want the Government to get through this as best they can. They should listen carefully where there are changes to be made but, if we have to return to this matter on Report, they will certainly have my support in making whatever changes are necessary to accommodate concerns so that we get a Bill that is reasonable, feasible and puts the power back into the House.

I would make one small point, however, to those who opened up this massive debate about what happened during the referendum and the idea that we can guess what was in people’s minds. It was said again and again, as I recall, by the then Prime Minister, by the then Chancellor, by Lord Mandelson and also by many in the vote leave campaign, that voting to leave meant leaving the customs union and the single market. Now, I understand and accept that people might not want to do that—they advance all sorts of reasons for not doing it—but it was said again and again. On the idea that the British people were too stupid to understand what they were voting for, I say that they were right in their decision and made a decision that was a lot more intelligent than people give them credit for.

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[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

Since the moment when Sir David Amess was in the Chair and asked hon. Members to speak for no more than five minutes or so, everyone has taken at least 10 or 11 minutes. That really says something about behaviour in the Chamber.

[Sir Edward Leigh]

It is a truth universally acknowledged that one’s own speeches seem short and incisive, while others’ seem long and discursive. If I speak for more than five minutes, please order me to exit, Mrs Laing.

Frankly, there has been a lot of hype about this Bill. We have had nearly 70 hours of debate on it, which is all very welcome, but there has also been a lot of hype. All this Bill does is put into our own law what was previously in EU law. It does not change how we leave the EU. Therefore, I for one welcome the spirit of compromise that seems to have broken out today. I welcome the fact that we are all going to vote, if there is a vote, for amendment 400 and for the original amendment 381 that put the date in the Bill. Perhaps we should have put the date in the Bill in the first place, because Brexit means Brexit, Brexit means that we are leaving the EU and Brexit means that we are leaving the EU on 29 March 2019. For all the hundreds of hours of debate, that is all that matters because we are obeying the instructions given to us by the British people.

I was slightly worried about amendment 400 when I was first told about it very kindly by the Whips Office over the weekend, but I listened to the Prime Minister’s assurance today that this measure would only be used to delay the exit date by a very short period, only in exceptional circumstances and only by an order subject to the affirmative resolution procedure. All that amendment 400 does is to ensure that this Bill—it will then be an Act—marches step by step in accord with our treaty obligations under article 50.

Make no mistake that, whatever amendment 7 says, it does not make much practical difference. The situation could, of course, be dealt with by simply withdrawing clause 9. The amendment prevents the Government from making preparatory orders, but it does not delay the process. I therefore welcome what the Minister has said today. He has been clear from the Dispatch Box—I say this to the hon. Member for Stretford and Urmston (Kate Green), who has just again repeated the question—that the Government are not seeking to subvert the will of the House of Commons as expressed last week. That is good for us leavers, as we are leavers because we believe passionately in the sovereignty of Parliament. I welcome the fact that we are having 60 hours of debate and that we will come back to debate the Bill in another week. I welcome the fact that more legislation will be needed. The more Bills, the more motions, the more affirmative orders—I welcome them all, because we cannot reverse this process.

I say to my right hon. Friend the Member for Broxtowe (Anna Soubry) that, yes, there will be an implementation period. During that period, we will be law takers, not law givers. To that extent, we will be a colony of the EU. That is why it has to be a short period, and it is why—this is a firm policy of the Government and the firm view of the overwhelming majority of Conservative Members of Parliament—we will leave the single market and the customs union after that short implementation period. That does not necessarily mean that we will not be a member of a customs union or a single market, but we would not be a member of the regulatory single market, because if we were, we would not control our own borders.

I say to Members on the Government Front Bench, if they need any encouragement: I welcome the spirit of compromise today; I welcome the fact that we are going to be generous to EU citizens here and that we have made progress; and I welcome the fact that the Brexiteers are co-operating with every single compromise that the Government are prepared to make in order to take this process forward and ensure that we have a long and lasting friendship with our friends in Europe.

European Union (Withdrawal) Bill

Edward Leigh Excerpts

3rd reading: House of Commons & Report stage: Second Day: House of Commons
Wednesday 17th January 2018 Commons Chamber

[Sir Edward Leigh (Gainsborough) (Con)]

The shadow Secretary of State said that this Bill is not fit for purpose, and I agree with him. It is not fit for purpose for staying in the EU, but it is fit for purpose for implementing the greatest festival of democracy that this country has ever known. In June 2016, 17 million of our citizens voted to leave the EU, and all this Government are doing is implementing that decision in a positive way that will ensure that we are generous to all the EU citizens who live here, generous in terms of the EU budget and, in this Bill, generous in taking all EU laws and directives into our law.

In Zurich in 1946, Winston Churchill outlined his vision for Europe, but he made it clear that we should not be part of that united Europe. In 1972, plagued with self-doubt, we joined the European Union. Tonight—this historic moment—we plough a new historic course to create a world fit for free trade. Vote for the Third Reading.