United Kingdom Parliamentary Sovereignty Bill

Henry Smith Excerpts

Friday 18th March 2011 Commons Chamber

[Henry Smith (Crawley) (Con)]

I am grateful for the opportunity to take part in such a fundamental debate. My comments will be brief, partly because although the matter is so fundamental it is also relatively straightforward.

As I said in my intervention on my hon. Friend the Member for Stone (Mr Cash), this country has an evolving constitution, as even a cursory look at the history books will show. Over the best part of the last millennium, the most significant action was perhaps the 1215 Magna Carta, the seed of many of our liberties and freedoms, as mentioned in other great documents such as the US constitution. We have also had two Acts of Union, the 1689 Bill of Rights referred to by my hon. Friend, and the Parliament Act of exactly a century ago, as amended in the late 1940s. Of course, we have also had the European Communities Act 1972, which was confirmed by a referendum in 1975. Most people who did not study the treaty of Rome to any great degree thought that that was a referendum on free markets and, as it was referred to at the time, a common market. Those who did study the treaty of Rome would have realised the inexorable trend in greater political union that was about to start.

The European Communities Act was passed when I was just three years old, and of course I was still very young when the referendum took place. In the intervening four decades, the British people have not had a chance to express their views on the development of the European Union, which has grown hugely both in terms of member countries and competences. During the same period, this Parliament has on many occasions also failed to reassert its authority as an independent sovereign Parliament. I am sure in my view as a Member that this Parliament is sovereign in this country, but I fear that the elapsing of time and seeping of power and authority from this place to supranational organisations such as the European Union, the European Parliament, the European Commission, the European Court of Justice and other European institutions formed prior to 1972, such as the European Court of Human Rights, has led to serious questions about whether Parliament, and in particular the House of Commons, is sovereign in the governance of the United Kingdom.

Although I, my hon. Friend and many other hon. Members, if not all, are sure of that sovereignty, increasingly there are attempts to challenge and qualify it by courts within the United Kingdom, as judges seek to legislate from the bench, and by courts outside this country. A reaffirmation of this place’s sovereignty is therefore timely, because we do not have a written constitution, or at least not one that is written down in any one place.

Let us contrast that with other member nations of the European Union. The Federal Republic of Germany has its constitutional court, which is quite sure in its constitutional position that it is supreme when it comes to matters that affect that country. The debate about whether we write our constitution in one place is for another day, but nevertheless the time has now come, because of uncertainty and of challenges within and without this country, to reaffirm that sovereignty.

I know that the arguments against such a position are that, if we start to enshrine “sovereignty” in law, we will just open up the debate to lawyers and judges to define exactly what we mean by it. I also understand the argument that “sovereignty”, on the few occasions it is mentioned in legislation, often refers to territorial limits rather than to any legal definition, but the Bill’s wording is quite clear that sovereignty refers to the competence of this Parliament—of the legislation that we enact. That defines the sovereignty that we should reassert, and it therefore closes down the argument that the Bill would somehow do the opposite and open up the debate about the future of sovereignty.

Ideally, I would like to see a referendum on our future membership of the European Union, but, given the remarks that the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper), made a few moments ago, I suspect that, because of the realities of the coalition Government, we will not see such a referendum in the lifetime of this Parliament.

[Mr Bone]

My hon. Friend could be more sanguine on the matter, because our coalition partners are desperate to have that vote. It was in their manifesto, so we just have to persuade our hon. Friend the Minister that it is necessary; we do not have to persuade our coalition partners.

[Henry Smith]

I am grateful for that clarification of the Liberal Democrat manifesto. Clearly, 12 months ago I should have read it with a little more care, but I was busy trying to promote my candidacy in what is now my constituency. I still suspect that, although the proposal might have appeared in the Liberal Democrats’ manifesto, they are less willing for it to be part of any coalition agreement.

I therefore maintain that we are unlikely—if my political antennae are correct—to have a referendum, and that is even more reason why we in this Parliament now need to reaffirm and reassert, through an Act, that this Parliament is sovereign. The electorate will not have a chance to have their say, certainly during this Parliament.

Ultimately, this is one of the most important debates that we can have in this place, because I am sent here to represent the interests of not only my constituents but my country, and I seek and am very proud to do those two things. I am deeply conscious, however, of the fact that my ability and that of right hon. and hon. Members to do so is frustrated by the constraints and—I will put it as strongly as this—the checks that are placed on this Parliament in enacting the legislation that we want to see.

We have heard a number of examples, whether they be the European Court of Human Rights on prisoner voting or, as my hon. Friend the Member for Christchurch (Mr Chope) said earlier, our insurance industry’s inability to provide the products that the vast majority of people would consider perfectly rational. Those are just two recent examples, so I am very pleased to support the Bill and, as a new Member, very grateful to my hon. Friend the Member for Christchurch for introducing it today.

--- Later in debate ---

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

I do not think I will quite match the hon. Member for Rhondda (Chris Bryant) for brevity. He will be pleased to learn that I am not going to go through all the reasons why the Government oppose the Bill and will oppose it if it is pressed to a vote, but I will touch on a number of them. My hon. Friend the Member for Worthing West (Sir Peter Bottomley) got to the heart of the argument at the beginning of the debate when he discussed clause 1 and its reaffirmation of sovereignty. As he said, if this is indeed a sovereign Parliament, as we all believe it is, it does not need to reaffirm its sovereignty, but if it is not a sovereign Parliament, reaffirming its sovereignty is of no consequence.

My hon. Friend also made the point—I have been surprised that other Members have not discussed this—that this is not a Bill about the European Union. As clause 3(b) makes clear, it touches on not only our European commitments, but all the commitments we have made in all the treaties we have signed. I shall go on to discuss what the Prime Minister said earlier about our membership of the United Nations, which would be affected if the Bill became law.

[Henry Smith]

My hon. Friend is of course right that this country is a member of a number of international bodies, including the European Union, the United Nations and NATO, but so are other independent sovereign nations. I do not think there would be any suggestion that the United States compromises its sovereignty by its membership of the United Nations.

[Mr Harper]

I will not dwell on that now, if my hon. Friend will forgive me. I will come to it later in my remarks, and he will be free to intervene on me then.

My hon. Friend the Member for Christchurch (Mr Chope) and several others touched on issues such as the European Union Bill, particularly the debate that we had on clause 18; the issue of prisoner voting, which my hon. Friend the Member for Witham (Priti Patel) mentioned; and our relationship with the European convention on human rights, including the role of the Court. Those are all important.

There is no doubt that the sovereignty of Parliament lies at the heart of our constitution as one of our fundamental underpinnings. Since the time of the Bill of Rights in 1689, no one has seriously challenged the notion that Parliament is the ultimate arbiter of the powers of the Executive. Indeed, Parliament determined who the Executive should be: it intervened in the line of succession to the Crown and altered it. I will not go into the various changes to the line of succession, as my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) dwelled on that. I was disappointed that he did not feel the urge to set out his views on those historical events in more detail, and probably on a much better informed basis, than I would be able to.

It may be surprising to some that the adoption of parliamentary sovereignty is nowhere set out in authoritative form. The Bill sets out sovereignty without attempting to define it in any way in a piece of primary legislation. That would mean, in effect, that the courts would then be invited to define what we meant by sovereignty, to define what “reaffirming” meant, and to do a number of other things. The Bill would therefore take us down a dangerous road that would undermine the proposition of parliamentary sovereignty instead of defending it.