Oral Answers to Questions

Edward Leigh Excerpts

Wednesday 15th May 2013 Commons Chamber

[The Deputy Prime Minister]

As I said, we have scrapped the fuel price hikes that were planned and decided upon by the previous Government, but of course allegations of price manipulation are incredibly serious. I am pleased that the European Commission is taking the matter so seriously and it is very important for us and for our constituents, for whom petrol, diesel and fuel prices are an incredibly important part of the weekly and monthly household budget, that those companies now engage seriously in looking at the allegations put to them by the European Commission.

[Mr Edward Leigh (Gainsborough) (Con)]

I have here a leaflet issued by the Liberal Democrats at the time of the passage of the Lisbon treaty. On the front page is a man posing as one Nick Clegg, who says:

“It’s time for a real referendum on Europe”—

an in/out referendum, not a referendum on a treaty change. Was that man an impostor or just a hypocrite?

[The Deputy Prime Minister]

That man, whom I believe to be me, was stating something then that my party has restated ever since: that we should have a referendum on Europe when the rules change. We said that— [Interruption.] We said that at the time—[Interruption] We said that at the time of the Lisbon treaty and we said it in our manifesto. We even legislated on it, and we will say it again. [Interruption.]

Oral Answers to Questions

Edward Leigh Excerpts

Tuesday 26th March 2013 Commons Chamber

[The Attorney-General]

I have noticed, on occasion, irritation in all parts of the House about the operation of the European convention on human rights, but the Government’s position remains clear: our adherence to the convention is in the national interest.

[Mr Edward Leigh (Gainsborough) (Con)]

Is it not possible to be proud that this country created the European convention on human rights in 1948 to counter communism and fascism while also being dismayed that, because of judicial activism, the Court is interfering in the rights of this democratic Assembly to come to its own conclusions on issues such as prisoner voting rights?

[The Attorney-General]

My hon. Friend is right to say that the United Kingdom has not been uncritical of the way in which the European Court of Human Rights has operated. That is why we initiated the negotiation with other countries which led to the Brighton declaration. We believe that the principles of subsidiarity should be re-emphasised, that the selection of judges should be improved and that the backlog of the Court needs to be addressed. Those are important reform packages. We were successful in getting agreement on them last year, and we intend now to see that they are implemented.

Justice and Security Bill [Lords]

Edward Leigh Excerpts

Monday 4th March 2013 Commons Chamber

Having listened carefully to what was said by my right hon. Friend the Member for Tooting and one or two others, I honestly cannot support amendment 30. I believe that, albeit unintentionally, it would have the effect of wrecking what I consider to be progress rather than the opposite. I find it difficult to do this—I do not do it regularly, and when I do, I do it with a heavy heart—but I am afraid that, on this occasion, I do not feel able to support my own Front Benchers.

[Mr Edward Leigh (Gainsborough) (Con)]

I know that you are anxious to allow others to contribute, Mr Deputy Speaker, and I hope to encompass my remarks in two or three minutes. I also hope that the right hon. Member for Knowsley (Mr Howarth) will forgive me, a reactionary, for being progressive, but occasionally that is what one has to do.

I think I could have made this point very simply to my right hon. and learned Friend the Minister in an intervention, but I was unable to catch his eye. The general tenor of his remarks was that this was an argument got up by lawyers, that he had tried to make more and more concessions, and that we were dancing on the head of a pin. I think that there is a fundamental point of principle that can be expressed very clearly by a Conservative. There has been a great deal of reportage this week about what the Conservative party stands for. In my view, it stands for a deep and abiding distrust of the state and its agencies, and a desire always to stand up for civil liberties. That is why our party was founded.

When the Minister leaves the House tonight, as he goes through the Members’ Entrance he will see on his right a small plaque which marks the site of the Court of Star Chamber. Why did Toryism develop in the 17th and 18th centuries? It was in retaliation against the powers of states encompassed in that secret court, whereby people could be tried without knowing the evidence against them. I know perfectly well that we are not talking about criminal cases now, but civil cases too are very important. Justice, in my view, is indivisible.

The principle of justice in this country as I understand it, and as maintained by the Conservative party for centuries, is that any citizen can go to a court of law as a litigant, and his case will be heard in public. He will give his evidence in public, the defendant will give his evidence in public, the plaintiff can cross-examine the defendant on that evidence, and the defendant will know the evidence that is adduced against him. That is a fundamental principle of our courts of law.

It is not good enough to say that the judges will be very careful, or that it will be just a matter of a few cases out of several thousand. Perceptions are important, and what does our country stand for, above all else? It stands for the principle that a defendant knows the evidence against him. It is not good enough that some judge, however careful, can cross-examine on the basis of that evidence, and it is not good enough that some special advocate can do the same, because the defendant alone knows his case, and he alone must be allowed to put it.

It is not good enough to say that the present system is unsatisfactory, and to talk about PIIs and all the rest of it. Of course a defendant can always choose not to adduce a particular piece of evidence, and of course the state can always decide that it would be dangerous, and inimical to its own interests, to reveal how it operates. We all know that, and the state may indeed lose the case, but that is its decision. This is something quite different. We are taking a fundamental step, and it is a dangerous step. That is why I will not support the Government tonight.

[John McDonnell (Hayes and Harlington) (Lab)]

I will follow in the tradition of the progressives, and say that I opposed the Special Immigration Appeals Commission when it was introduced. My right hon. Friend the Member for Blackburn (Mr Straw) referred to Kafkaesque language and said that we should not exaggerate, but I opposed SIAC then because I thought that it was Kafkaesque. I think that the idea of being tried for something and not being entirely sure what it is, and of not hearing the evidence and not being able to respond to it, is typical of Kafka. I warned then that if we were not careful, there would be an incremental creeping extension of that into other areas of law. That is what we saw with control orders, and we are seeing it again tonight.

I fear that within five years we will be back here debating certain areas of the criminal law, unless we draw a line in the sand tonight and say that enough is enough. I think that we are undermining the basis of British law—as the hon. Member for Gainsborough (Mr Leigh) said, the fundamental civil liberties that were fought for over generations. When the Supreme Court considered the matter, it made it clear that there should be compelling grounds if we are to take this step, but the only compelling ground we have been told about today is that the Government might have to shell out a few millions pounds in compensation every now and again. That is not compelling grounds for undermining our civil liberties in this way.

There seems to be a bizarre reversal of the history of why we are here. We are not here today to debate how we protect our security services; we are here because the security services were exposed as being associated with other regimes involved in rendition, torture and other human rights abuses. Rather than discussing how we protect our security forces, which of course is fundamental, we should also be debating how we hold them to account. That does not mean closing the doors of the courts; it means opening them to greater scrutiny and accountability. I am concerned that we seem to be heading for a complete reversal of the debate taking place outside across the country.

People have been shocked by the stories they have heard. A constituent of mine, a young man I have known since he was a child, went to Pakistan to work in a hospital voluntarily because he is a doctor. He was picked up by the Pakistani authorities and tortured for six weeks. He was then interrogated by British intelligence officers, after torture. That is unacceptable. He is now in such a state that he does not even want to pursue a claim. He is fearful—

Oral Answers to Questions

Edward Leigh Excerpts

Wednesday 27th February 2013 Commons Chamber

[The Prime Minister]

This Government always put disabled people first; that is why we have protected disabled people’s benefits. On the specific issue the right hon. Gentleman raises, there is a £50 million fund to support people who are affected by the under-occupancy measure. Disabled adults will have access—[Interruption.] The Opposition do not want hear it, but this directly answers the point. Disabled adults will have access to the discretionary housing payment scheme and it will remain for local authorities, including the right hon. Gentleman’s, to assess the individual circumstances. It is worth making the point again that there is a £23 billion budget, which has increased by 50% over the past decade. We have to do something about the growth in the housing benefit bill, but all we hear is irresponsibility from the Opposition.

[Mr Edward Leigh (Gainsborough) (Con)]

Q12. Who would have thought, when some of us voted for just a common market all those years ago, that the EU would now be interfering potentially in what benefits we should pay to Romanians and Bulgarians before they have made any contribution to our society? Is it any wonder that people feel disillusioned and powerless? Is not the good news this: who is more likely to vote to give people a genuine choice in a referendum—a Liberal or a Conservative MP for Eastleigh?

[The Prime Minister]

I am delighted that my hon. Friend managed to slip that point in at the end. I urge any hon. Friends who are not there already to make their way to Eastleigh this afternoon and support Maria Hutchings in the by-election campaign.

My hon. Friend makes an important point. We need to look through every aspect of how we welcome people to our country, because while we must be fair, we must not be a soft touch. I am making sure that we look at our health service, housing, benefits, legal aid and everything else, so that we have proper and tough controls on people who want to come and live here.

European Council

Edward Leigh Excerpts

Monday 11th February 2013 Commons Chamber

[Mr Edward Leigh (Gainsborough) (Con)]

May I warmly congratulate the Prime Minister on being more sceptical than the sceptics and delivering an even better deal than the cash freeze that some of us voted for in public last autumn? On the day that Pope Benedict has announced his resignation, surely some people in Europe will come to realise that the ideal of Europe lies in western civilisation, not in a bunch of MEPs voting in secret to preserve their perks and pay.

[The Prime Minister]

My hon. Friend is entirely right. A secret ballot would be wrong. We need an open ballot, but I would encourage every MEP from right across the United Kingdom, whatever their party, to support the budget, because it is better to have a deal than to have no deal, and this deal is right for Europe’s taxpayers.

Succession to the Crown Bill

Edward Leigh Excerpts

Monday 28th January 2013 Commons Chamber

[Jacob Rees-Mogg]

Had my hon. Friend not been meeting His Royal Highness the Prince of Wales last Tuesday, he would have heard the debate on an amendment that I tabled to clarify this matter, because the current Bill, rather than maintaining any system of primogeniture, might simply create co-heirs. Of course, the concept of monarchy has an unfairness in it—the very word “monarchy” means that one will rule; it cannot be everybody in the country. However, the reasons for having discrimination on the grounds of faith—in 1688, formalised in the Act of Settlement in 1701—are very different from those that apply today.

Likewise, if you think back to Richard the Lionheart, Mr Speaker, as I am sure you often do, with his fine statue outside the House of Lords, you will acknowledge that it had been necessary since time immemorial to have a king who was able to fight, lead armies in battle and show his great strength, and that was easier for a male than for a female. The last king to lead troops into battle was George II.

Historically, therefore, there may have been reasons for having a religious discrimination, a discrimination on the grounds of sex, and the obvious discrimination within a monarchy of it being rule by one. As the discrimination on the grounds of sex is no longer necessary, or can no longer be argued for logically, nor can exclusions on the grounds of religion.

The reason for the religious bar in the late 17th and early 18th century was the genuine threat perceived by this country from the strong Catholic nations in Europe. In the reign of Elizabeth I, of course, the Spanish had been the threat, but by the reign of Queen Anne, the French were the greater concern. Through the secret treaty of Dover, Louis XIV tried to get Charles II to take a subsidy to establish a standing army that would enforce Catholicism on the nation as part of Louis XIV’s aim to get general European rule. You might be worried, Mr Speaker, about general European rule, but it is not in support of Catholicism.

[Mr Edward Leigh (Gainsborough) (Con)]

I warn my hon. Friend against accepting all the arguments of the Whig supremacy.

[Jacob Rees-Mogg]

I am grateful to my hon. Friend for that point, although it is worth bearing in mind that the House was controlled by Tories at the point at which the Act of Settlement was passed, so I am looking to revise a Tory piece of legislation.

The fundamental point is that the reason for the provision on religious discrimination no longer exists in the way that it did in the late 17th and early 18th century.

--- Later in debate ---

[John McDonnell]

I assure the House that supporting the amendment is not my cunning plan to get rid of the monarchy overnight. However, I agree with my hon. Friend that there will be a debate as we move through this century about all our institutions, including the monarchy. That is why I was disappointed that his amendments were not selected, because I think we should have had a debate about alternative forms of Heads of State and the ways in which we can select them, rather than let the position be gained as a result of hereditary entitlement.

I will leave my argument there. I needed to put on the record why I put my name to the proposed new clause and why I tabled a similar amendment. It is about ending discrimination. On Saturday, I attended the annual dinner for pensioners organised by Botwell Catholic church St Vincent de Paul Society. When I told them about the two things that we were legislating on this week, the women cheered for ending gender discrimination, but everyone cheered for ending discrimination against Catholics. I say to hon. Members that this is not an historic thing—it is relevant. If someone in this country is born Catholic or into any other religion, or if they have no faith, and they are still discriminated against, that is unacceptable, as successive Governments and Members of this House have said. Now is the opportunity to legislate on it.

[Mr Leigh]

I start by echoing what the hon. Member for Hayes and Harlington (John McDonnell) said. He has put the case simply: in this day and age, when it comes to a person’s suitability to become the Head of State, they should not be discriminated against because of their religion. That is why I was happy to put my name to the new clause, moved so ably by my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg), and to his amendments.

I have been campaigning for years against barring Catholics from either marrying into the royal family or succeeding to the throne, particularly the first issue, which is bizarre. Indeed, I have introduced a ten-minute rule Bill and tabled early-day motions on the subject. We were constantly told that it was all too difficult and complicated to change, and that we would have to change hundreds of lines of legislation in hundreds of Acts of Parliament. But, hey presto! It is now being done. Although the Deputy Prime Minister gets a lot of stick in this House—including from Government Members —and in the media, I am on the record as warmly congratulating him on being the first leading member of this or any Government to get a grip on this issue and to try to solve it.

However, there is one final logical absurdity, which my hon. Friend is trying to address. I repeat this point because it is worth making: in this day and age, a person should not be barred from a position such as Head of State just because of their religion or lack of religion. There are many people in this House who have no religion and who do not wish to come to Prayers or who do so just to reserve their place. They are just as worth while as Members. There is no reason why we have to keep this bar in place.

I am a traditionalist, like my hon. Friend. Even if the new clause were accepted by the Government, it is extremely unlikely that it would be activated in our lifetimes, or indeed ever. As far as I know, there is no likelihood of Prince Charles or Prince William becoming a Catholic. It is therefore somewhat academic, but just because an amendment is academic does not mean that it is not worth debating and acting on if it is the logical and right thing to do. It is unlikely to be activated not just because of the nature of the likely successors to the throne, but because a person who is brought up as a member of the royal family is surely extremely unlikely to want to bar themselves from the throne or put their chances of succeeding to the throne at risk.

[Bob Stewart]

It may be much more likely that the heir to the throne would become an atheist. The problem would have to be addressed in those circumstances.

[Mr Leigh]

Indeed, it might happen that somebody becomes an atheist or an agnostic, or does not want to be a member of the Anglican faith. By the way, I have enormous sympathy, respect and, indeed, love for the Anglican faith, which is inherent in the traditions of our country. However, it is perfectly possible that in some future generation, somebody will not want to be part of it for quite profound reasons of personal conscience. That is why this matter is important. It is not just an academic, legalistic debating point; it is a matter of deep personal conscience. What is more important to an individual than their faith or lack of faith? It is somewhat strange in the modern age to say to somebody that if they want to become the head of this particular state, that job goes with being a member of a particular Christian denomination. It does not fit in with what we do in many other areas of our national life.

[Jacob Rees-Mogg]

I agree with my hon. Friend’s sentiments about the glories of the Anglican Church. The new clause should not, in any way, be seen as an attack on the Anglican Church. Indeed, it contains specific protections for the Church.

[Mr Leigh]

I, too, want to be absolutely clear about that. As I am speaking, people’s minds might be ticking over thinking, “Oh, here’s just another Catholic pushing his own religion.” This is not about my belief at all. I am very ecumenical. I am a member of Lincoln cathedral council. I think that the Anglican liturgy is wonderful in every single respect. My hon. Friend and I are traditionalists. In no way are we attacking the Anglican Church or, most importantly, the fact of this country having an established religion. That is important.

One of the single most dangerous aspects of modern life—the hon. Member for Hayes and Harlington (John McDonnell) will no longer follow my argument; indeed, he will strongly disagree with me—is the advance of secularism and the fact that religion is retreating from more and more aspects of national life. Even “The Sunday Half Hour” on Radio 2 on Sunday nights has been banished to 6.30 in the morning. Maintaining the established Church as a symbol—only a symbol—is terribly important, as is what my hon. Friend is doing today. He is trying to square the circle, to be absolutely fair and say that as a modern nation we should respect people’s conscience to maintain their own religion—or lack of it—and succeed to the headship of state. He is also trying to protect the established Church, and although other solutions might have been offered, including the one proposed earlier that the Archbishop of Canterbury could become the Supreme Governor of the Church of England, the idea of a regency is good and squares the circle.

However, such a situation is extremely unlikely because, as I said, I am sure that anybody brought up in that environment would want to remain in the Anglican Church. I understand that James III of blessed memory, the Old Pretender, whose portrait, as you know Mr Deputy Speaker, hangs in Stonyhurst college in your constituency, was offered the throne on the condition that he renounced his faith. He refused to do that although he could have succeeded Queen Anne. In fact, I understand that about 50 people had a superior hereditary claim to George I, but they were all bypassed because, as my hon. Friend has made clear, there was in those days an absolute obsession about ensuring an Anglican Head of State.

We do not want to get too enmeshed in those arguments, but to be trapped at the beginning of the 21st century in arguments that raged at the beginning of the 18th century is frankly absurd. To remain trapped in the Act of Settlement, when there is absolutely no risk in a secular, modern, multicultural and multiracial nation of some sort of Catholic plot to take it over, is ridiculous.

[John McDonnell]

May I take the hon. Gentleman back to his earlier statement in which he was convinced that a person brought up in an Anglican environment will naturally become an Anglican? At some stage we will get to a situation where an Anglican Head of State says, “I don’t believe any more.” Are we asking them to abdicate?

[Mr Leigh]

Well, the Anglican Church is a very relaxed Church, and many Anglican bishops have fairly broad views about the existence of God. The hon. Gentleman’s point is apposite.

[Chris Bryant (Rhondda) (Lab)]

I delight in the relaxed nature of the Anglican communion. I am slightly worried, however, because the hon. Gentleman says there is not a Catholic plot yet he asserts there was a James III. If there had indeed been James III, there would not be Elizabeth II.

--- Later in debate ---

[Mr Leigh]

It was a joke. I am very loyal to the Saxe- Coburg and Windsor line and a great supporter of the Queen. As it happens, even if I wanted to be a Jacobite it would be difficult because they have all died out. The last one became a cardinal—[Interruption.] May I proclaim my loyalty to the Crown, Mr Deputy Speaker?

[Dan Rogerson]

I take it that the hon. Gentleman has not been on the telephone earlier today to the Duke of Bavaria to pledge his support in the future—

[Mr Leigh]

No, I am not a supporter of the Duke of Bavaria.

[Michael Ellis]

My hon. Friend mentioned the Archbishop of Canterbury potentially taking over the position of Supreme Governor of the Church of England, but would that not be rather incongruous? The Archbishop of Canterbury, at least in theory, is appointed by the sovereign. The sovereign would therefore be appointing an archbishop who would then take over their role, as far as the primacy of the Church is concerned.

[Mr Leigh]

This was an idea proffered by my hon. Friend the Member for Beckenham (Bob Stewart), and perhaps it was a mistake for me even to mention it. We are now in danger of dancing on the head of a pin and getting into a level of complexity that is not helping the argument.

--- Later in debate ---

[Sir Alan Beith]

I am surprised that the hon. Gentleman suggests that the Queen has no relationship with the Church of Scotland, when in fact she appoints the Lord High Commissioner to the General Assembly, and it is the Church that she has consistently and regularly attended in Scotland throughout her life.

[Mr Leigh]

If I made a bad or weak point, I willingly withdraw it and accept my right hon. Friend’s superior knowledge.

Amendment 1 makes an important point. It is almost as important as the one that my hon. Friend the Member for North East Somerset made. If the legislation stays as it is, we will return to the world of the Act of Settlement, in which people were incredibly suspicious of some kind of papist plot. If someone had been tarnished in any way at any time in their life with Catholicism, they were excluded from the throne. As it happens, my eldest son is 640th in line to the throne, because he is descended from the Electress Sophia through his mother. He is not excluded from the throne as he was baptised as Russian Orthodox, although he has been raised a Catholic. So in our family we have found a way around the bar, but if the Bill stays as it is, we will return to a ridiculous, bizarre and absurd situation in which someone must never, at any point in their life, have taken communion in a Catholic church. As my hon. Friend pointed out, there are many mixed marriages and we go to each other’s churches regularly. Even those who oppose new clause 1 must accept that the logical and right thing to do is for the person to be able to make an election at the time they become Head of State.

[Chris Bryant]

I am sorry to be pedantic, but the hon. Gentleman has made the same mistake several times in this debate and in previous debates. There is no such thing as Russian Orthodox baptism. There is Christian baptism, end of story. All Churches accept one another’s baptisms. The one difference between the Roman Catholic Church and the Russian Orthodox Church—and perhaps as a Roman Catholic he could persuade senior people in his Church to change their position—is that the Catholic Church believes that Anglican orders are null and void.

[Mr Leigh]

Mr Deputy Speaker, I think you will rule me out of order if I get into the intricacies of baptism, and which baptism is recognised by which church. In fact, the Catholic Church does recognise Russian Orthodox baptisms and considers itself in communion with the Russian Orthodox Church. The problem lies not with the Catholic Church, but with the Russian Orthodox Church, which does not want Catholics to take communion in its churches.

We are in danger of becoming enmeshed in the kind of arguments that enveloped us at the end of the 17th century and the beginning of the 18th century. All my hon. Friend is trying to say in these very simple amendments is that, even if one supports the legislation as it is currently drafted, surely one should have the right to be judged on one’s faith at the time that one becomes Head of State or wants to become Head of State, and not be judged on what baptism one has received, what churches one attended in the past or what communion one has taken. Amendment 1, therefore, is even more important and apposite than new clause 1.

I will end on this point. As unlikely as it is in the near future that anybody will be banned from the throne of England because of their faith, I hope that we in this House do not accept the current situation when we have a once-in-a-lifetime opportunity to change the law. We have been told so often that this is so complex and difficult to do that it may be the only chance in a generation. Is today not our chance in our time to stand up for religious freedom once and for all, and to say that all the disputes and hatreds of the past are now finished and that no office, however great, will be barred to someone because of their faith?

[Paul Flynn]

It is a great pleasure to speak in this debate, and wonderful to support the amendments tabled by the hon. Member for North East Somerset (Jacob Rees-Mogg), who does his job so well as the Member of Parliament for the middle ages. It feels as though he is not just making history, but part of history.

It is extraordinary that a Bill presented as a reform or great change would actually put into law the concept of arranged marriages. We are very sniffy about them when we consider other religions and other parts of the world where one member of a family has absolute power in arranging the marriages of relatives, but that is what we are doing in this great reforming Bill. I do not know where the idea comes from that one person should be allowed to dictate the marital choices of six of her—later his—relatives. Is this a Liberal Democrat Bill? Is this the cutting edge of the future reforming zeal of the Liberal Democrat party: to espouse the concept of arranged marriages? This is the modern world.

In another part of the Bill acting as a reform, we are denying the opportunity to 87% of our population of ever achieving the job of Head of State. We are excluding and discriminating against atheists, non-conformists, Catholics, Jews and Muslims, who can never be Head of State: that is what we are being asked to approve today. It is perhaps not the reform we were looking forward to.

The traditions of the Church have been referred to. I find little difference between the high Church of England and Roman Catholicism, particularly now that Roman Catholicism has, lamentably, dropped the Latin language, which was a great joy to my youth:

“Introibo ad altare Dei, ad Deum qui laetificat juventutem meam.”

When I was in my “juventutem”, it was a matter of some pleasure—a joy, an education and a great richness—but it has gone now. What on earth is the difference that we are talking about?

I hope to speak briefly, because I think there may be some puzzlement among my constituents—

--- Later in debate ---

[Sir Alan Beith]

It depends whether one thinks that Her Majesty was reconciled to Rome by that action, which did not involve being in communion with the Church of Rome—something from which the Church of Rome would exclude Her Majesty in any event—so it is only on the first of those two possibilities that what my hon. Friend describes might be so regarded. I do not regard it as such, because “reconciled” in that legislation meant accepting the authority of the papacy over the Church in England. That was what the argument was really about. Members of all Churches are very much reconciled to each other these days, because they realise that they share a common faith that is more important than their points of difference.

[Mr Leigh]

To reply to my hon. Friend the Member for Beckenham (Bob Stewart) through my right hon. Friend, the Queen has attended vespers at Westminster cathedral, but in her entire reign she has been very careful never to attend a Catholic mass. Dare I say that I think that in this day and age that sort of care is not necessary?

--- Later in debate ---

[Miss Smith]

I recognise the measured point that my right hon. Friend makes. The difficulty or tension here that we do not have the time or scope to go into with regard to this Bill, or indeed as mere parliamentarians as opposed to theologians, is the nature of free will, and the free will of the child. I want to return us to the point that the Bill does not seek to change the entirety of the Act of Settlement and the Bill of Rights, for reasons that we went through at some length last week and a little earlier today,. I put the Government’s point: the Bill is narrow in scope and does not seek to enter into the theology of the faiths in question; it seeks instead to amend a unique form of discrimination that is particularly narrow.

[Mr Leigh]

I do not understand the Minister’s point—that if the two amendments were passed, it could result in a constitutional crisis or somebody supplanting somebody else. If she does not mind my saying so, this seems like an argument invented by civil servants. It is over-complicating the situation, when the fact remains that under this Bill the eldest daughter or son, whoever comes first, is going to succeed. All my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) is doing through the amendments is to prevent them from being disbarred from the throne because of something that might have happened in their childhood. That is what he is saying: it is very clear; it is not very complicated.

[Miss Smith]

As I understand the amendments tabled by our hon. Friend the Member for North East Somerset, they would technically open the opportunity for a person to convert and provide for that person not to be “for ever” barred. I think it is possible for that to allow confusion over the very same point, including after the moment of succession. I can see that possibility arising through my hon. Friend’s amendments. I regret that that is the case, but I see it as a problem, and I humbly make that argument to the House.

Justice and Security Bill [Lords]

Edward Leigh Excerpts

Tuesday 18th December 2012 Commons Chamber

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

rose—

[Mr Edward Leigh (Gainsborough) (Con)]

rose—

[Mr Clarke]

Let me move on, because I am probably moving on to the point of concern—

--- Later in debate ---

[Mr Clarke]

I shall turn to some of this detail, but gisting is allowed under the Bill. The judge will have all the powers he requires to recommend gisting once he has heard the secret evidence.

[Mr Leigh]

My right hon. Friend is very generous in giving way and I understand the dilemma he faces, but is it not a fundamental principle of British jurisprudence, defended by this House for 500 years, that a defendant should have sight of the evidence used against him that might affect his liberty?

[Mr Clarke]

In a criminal case, that is so. That is why we cannot prosecute some people we really should, because there is no way to reveal the evidence against them—if it cannot be revealed to a judge and a jury, he is untouchable under the criminal law. We are talking about civil actions, sometimes involving people with tenuous connections with this country who have come to this country and sought damages from a British court for what they say is the misbehaviour of the intelligence agencies of the Government. I have tried to explain why it is impossible to follow the normal and desirable rules of civil justice and hear it all in the open. We must find some way in which these cases can be resolved by a judge in a way that is consistent with our principles of justice without at the same time jeopardising national security. That is the straightforward dilemma.

European Council

Edward Leigh Excerpts

Monday 17th December 2012 Commons Chamber

[The Prime Minister]

What I would say to my— [Laughter.] I am sorry; there is only so much excitement that one can take in a single day. What I would say to the hon. Gentleman is that I think that one of the worthwhile aspects of our engagement in Europe is the ability to discuss issues—whether they relate to the situation in Syria or to relations with other powers—and try to reach common positions that maximise the influence that we then have. I think it important for the discussions to be held on the basis of unanimity. We do effectively have a veto in this area, but when we can agree, as we did on Syria and Iran, there can be very powerful consequences.

[Mr Edward Leigh (Gainsborough) (Con)]

When will the British people be given their democratic right, namely a choice in a referendum between being part of a customs union and being part of a European Union?

[The Prime Minister]

My hon. Friend has made a very good, very clear case. He has always held that view. I shall set out in my speech in the middle of January the path that we should take for the future, but let me say now to Members in all parts of the House that, as I tried to explain in my statement, what is happening at present in the European Union is a process of change, driven by what is happening in the eurozone. As a number of Members have pointed out, it is quite a slow process at the moment, but I believe that at some stage it will speed up radically. When we discover that we really do need greater elements of banking union, fiscal union and other co-ordination, a greater treaty change will be proposed within Europe, and I think that that will give us an opportunity to secure the fresh settlement that we want.

European Council

Edward Leigh Excerpts

Monday 26th November 2012 Commons Chamber

[The Prime Minister]

As the hon. Gentleman knows, my view is that the problem with an in/out referendum is that both the options are not really what I would want or what the British people would want. I do not think that keeping our membership as it is under the status quo is acceptable: nor do I think that walking away from Europe would be a sensible idea. That is why we need a new settlement—and new consent for that settlement —and that is what we will set out.

[Mr Edward Leigh (Gainsborough) (Con)]

At an appropriate moment of the Prime Minister’s choosing—say, around the next general election—will he grant the British people a referendum on our relationship with the EU?

[The Prime Minister]

I will be saying a bit more about that later this year. As I have said, I think that opportunities are opening up. As Europe changes—and the changes are coming because of the single currency and what it is doing to the European Union—options are opening up to form a different, better relationship that the British people would back. We will then have to work out exactly how to get the consent for that relationship that the British people deserve.

House of Lords Reform Bill

Edward Leigh Excerpts

Monday 9th July 2012 Commons Chamber

[The Deputy Prime Minister]

I will give way in a moment, but I want to make a couple of points.

A separate but related fear is that opening up the Lords to election will politicise it, creating a Chamber of career politicians likely to rival MPs and robbing the Lords of its wisdom and expertise. Let us be clear about the current situation. The other place contains some extremely eminent individuals who bring a wealth of knowledge and experience to Parliament, but it is hardly entirely dispassionate, an institution somehow untouched by party politics. More than 70% of its Members receive their peerage from party leaders—that is, more than two thirds of Members take a party Whip, and very few rebel.

Members of the House of Lords are more likely to come from this place than from any other profession, with 189 being ex-MPs. In a reformed House, Members will see themselves and their role very differently from us here, not least because of their longer term and the means by which they elected.

[Mr Edward Leigh (Gainsborough) (Con)]

If this reform goes through, 189 will be people who never managed to become MPs.

[The Deputy Prime Minister]

What the hon. Gentleman misses is that the Bill will in fact make space in Parliament for a different kind of politician. [Interruption.] Let me explain. [Interruption.]