European Union (Withdrawal) (No. 6) Bill

Debate between Hilary Benn 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 absolutely right, and that is why, in my short speech earlier, I said that this should be called not the European Union (Withdrawal) Bill but the European Union (Subservience) Bill. This is a subjugation, and we have experienced this. That is why I called on the previous Prime Minister to resign. We had a capitulation on 11 April; we had a flurry of points of order, then we had a statement that afternoon, at which point I asked her whether she would resign, because she had capitulated. This Bill is a mirror image of that, but in a way it is even worse, because it places a legal duty on the Prime Minister—enforceable by judicial review if it came to it—to carry out this act of political suicide. Members on the Opposition Benches really ought to reflect on the full extent and nature of the subservience, subjugation and vassalage that they are putting the United Kingdom in. It is a total and utter disgrace. It flies in the face not only of the referendum result itself but of section 1 of the European Union (Withdrawal) Act 2018, which specifically states:

“The European Communities Act 1972 is repealed on exit day.”

Exit day is prescribed as 31 October.

I want to add another point, which is about money. Does the self-indulgence of the people who voted for this bear in mind the fact that every single month that has gone by since the end of March, when we should have come out, is costing about £1.2 billion? Every time they go in for this self-flagellation and this unbelievable determination to extend the period of time—for no purpose whatsoever, because they will never come to an agreement—it is costing the British taxpayer, the people we represent. This is a denial of the democracy that they expressed in the referendum, which we in this House specifically gave to them to decide. We did not say, “Oh, we’re giving you this right under the European Union Referendum Act 2015 to make a decision on whether we stay or leave, but actually when it comes to it, if we don’t like the outcome, we are going to turn turtle on you and reverse that decision in Parliament.” Parliament, by a sovereign Act that is still on the statute book, gave the right to the British people undeniably and deliberately to make that decision of their own account, and not ourselves.

An astonishing illustration of what I am saying is to be found in clause 3(2) of the Bill, which states:

“If the European Council decides to agree an extension of the period in Article 50(3) of the Treaty on European Union ending at 11.00 pm on 31 October 2019, but to a date other than 11.00 pm on 31 January 2020, the Prime Minister must, within a period of two days beginning with the end of the day on which the European Council’s decision is made, or before the end of 30 October 2019, whichever is sooner, notify the President of the European Council that the United Kingdom agrees to the proposed extension.”

This is the enforceable duty. This is the insane provision that is being imposed on us in defiance of our constitutional arrangement that decisions are taken not by individual Members of Parliament in a private Member’s Bill but by the elected Government, in line with the referendum decision. So the Prime Minister would be under an obligation within a period of two days—beginning with the end of the day on which the Council’s decision is made, or before the end of 30 October 2019, whichever is sooner—to notify the President of the European Council that the United Kingdom agreed to the proposed extension. So, it is not just that we are going to be saddled with a decision on an extension to 31 January 2020 to the cost of something well over £3 billion, because if the Council agrees, we would then be under an obligation to accept whatever date it puts forward, being a date other than a period ending 11 pm on 31 January 2020. It is strange to say that I have not heard that point being explained by the proponents of this Bill. I heard the right hon. Member for Leeds Central (Hilary Benn) giving a description on Second Reading of what the Bill is about, but I did not hear him say what I have just said. I would like him to get up and deny it if what I have just read, which is in the text of the Bill, is wrong.

[Hilary Benn (Leeds Central) (Lab)]

I did directly address that question in my speech on Second Reading, but the hon. Gentleman has not read clause 3(3), which explains the circumstances in which subsection (2), to which he has such objection, would not apply.

[Sir William Cash]

I do not think that that is really an excuse, because the reality is that this is the decision—[Interruption.] I will read out the subsection to which the right hon. Gentleman just referred. It states that

“subsection (2) does not apply if the House of Commons has decided not to pass a motion moved by a Minister of the Crown within a period of two calendar days beginning with the end of the day on which the European Council’s decision is made or before the end of 30 October 2019, whichever is sooner, in the following form—

‘That this House has approved the extension to the period in Article 50(3) of the Treaty on European Union which the European Council has decided.’”

However, the likelihood of that not happening is absurd. I really do think that this is just another example of the kind of obfuscation which this Bill provides in almost every clause. In fact, it is not just obfuscation, because it drives a coach and horses through the way in which we should be and have been governed.

European Union (Withdrawal) (No. 6) Bill

Debate between Hilary Benn and William Cash

2nd reading: House of Commons
Wednesday 4th September 2019 Commons Chamber

[Hilary Benn]

I have not had a chance to read the final version, and it will be tabled with the Clerks during this Second Reading debate, but I am aware of the intention of the amendment and I completely understand what my hon. Friends are trying to achieve. We cannot continue to delay taking a decision, and I shall come back to that point later in my speech. I will, of course, also listen to the debate that follows in Committee. I would just say that the Bill is deliberately open as to the purpose of the extension; it provides a framework for reporting and debate. As I have just pointed out, it is supported by right hon. and hon. Members who have already voted for a deal and would vote for one again. It is important that we focus on the principal purpose, which is to prevent a no-deal Brexit, and keep the coalition that shares that view together. I will have more to say about that—

[Sir William Cash (Stone) (Con)]

Does the right hon. Gentleman believe that, irrespective of the speed with which all this is being done, a matter of such importance should really be dealt with in the context of a general election?

[Hilary Benn]

There may well be a general election at some point, but this legislation needs to be passed. It needs to go through the other place and receive Royal Assent, and it needs to be given effect. In other words, we must secure that extension to article 50, otherwise there is a risk that the election would result in our leaving without a deal, which, as it may turn out at 7 o’clock tonight, is not what the House of Commons wants. We should respect the view of the House of Commons.

Leaving the EU: Business of the House

Debate between Hilary Benn and William Cash

Wednesday 12th June 2019 Commons Chamber

[Sir William Cash]

I have great respect for the hon. Lady—she sits on my Committee, and I am happy that that should be the case—and I understand what she says, but, as I said earlier, the reality is that this is a phantom motion for a phantom Bill. The real objective is to unwind the provisions set out in article 50, which is supposed to operate according to our constitutional requirements and, subject only to an extension of exit day, provides for the repeal of the 1972 Act. That Act is a bundle of all the laws, all the treaties and all the provisions, including the Lisbon treaty Act, which is part of our domestic legislation and prescribes that when we get to the end of the two-year period, that is it—subject only to an extension of exit day.

For practical purposes, there is no other way to interpret what may be in the pipeline. We all know that, and I do not know why we need to be coy. It is perfectly clear that this is an attempt by the Labour party to make political capital during a leadership election, and I do not blame it for having a shot at that. However, it is utterly irresponsible to use this procedure in a way that would enable the unwinding of the law of the land, as expressed in an Act agreed on the basis of a referendum that was itself dependent on the authority of a sovereign Act of Parliament to give the people the right to decide whether they were to leave or to remain in the European Union. That was passed in this House by six to one. It was then followed by the European Union (Notification of Withdrawal) Act 2017, which was passed by some 499 to 120.

With great respect to my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), we now move on to the European Union (Withdrawal) Act 2018. I very well remember what he said to me as we were coming to the Third Reading of that Bill, and I do not think he would disagree with this fair description of our conversation. He said, “You know, I’ve never actually voted against a provision of this kind before. I’ve never voted in a way that would be against the interests of what I perceive to be the European Union and its objectives.” I understand that, because he has been totally consistent, and I respect him for that. But the reality is that he did vote for that Bill on Third Reading and so did every other Member on the Conservative side.

The phantom Bill is all about attempting to unravel all that, although we have not yet seen the wording. We did see it before when we had Bill Nos. 1, 2, 3, 4 and 5, which ended up with the one that was passed by a minuscule majority. This is an attempt to unravel the process. I understand why people might want to do that, but the question is one of legitimacy. I also add that the role of the House of Lords in this context is completely unacceptable, as it has no legitimacy whatsoever to deal with a matter of this importance, given its unrepresentative character; the House of Lords is not elected, and this is essentially an issue about the election of Members of Parliament and the wishes of the electorate. That is what the referendum Act was about and it was what the manifestos were about.

[Hilary Benn (Leeds Central) (Lab)]

Is the hon. Gentleman arguing before the House today that it is illegitimate for the House of Commons, if it wishes to pass this motion today, which will happen only if the majority vote for it, and then pass any legislation that is introduced on 25 June, which will get through only if the majority vote for it, to seek to prevent the Government from taking us out of the EU without a deal? It strikes me that if that is the will of the House, it is democratic for the House to seek to do that.

[Sir William Cash]

I have to disagree with the right hon. Gentleman, for this reason: the decision that was taken as I have just described and the vote that was passed by a significant majority on 23 June 2016 was authorised by an Act of Parliament. Therefore, the voters were given the opportunity because this House decided to abrogate its right to make those decisions. That was a deliberate choice taken by this Parliament, by six to one, to ensure that those people have the right to make that decision. That is the basis on which I rest my argument, because ultimately any attempt to bypass that raises the most dangerous questions relating to the nature of our democracy. We have had many warnings as to what might happen if this were to be unwound, and it is my concern that this phantom Bill will do just that, for the reasons that lie behind the right hon. Gentleman’s question and intervention. He does not want Brexit at all, and I said this on Second Reading of the withdrawal Bill; I did not believe that Members of this House who were pretending that they were prepared to allowed Brexit had any intention of allowing it to take place. That is what this is really all about.

I also take the gravest exception to what is being done by some Conservative colleagues who voted in line with the Government’s policy in the manifesto to pass enactments that led to our ending up with the withdrawal Act, which I happen to have drafted in its original form, early in 2016. To have that completely undermined and unwound by their reversing their votes is completely unacceptable. It is unacceptable for people to vote for a vast and important question of this kind and then to unravel it completely by subsequent manoeuvres, including the use of phantom motions and phantom Bills. I believe very strongly that that is unacceptable. It is completely inconsistent with our constitutional role as the mother of Parliaments. It is inconsistent with every single aspect of our constitutional conventions, and therefore as far as I am concerned the motion should not be passed.

It would be unwise—I will go further and say it would be a disgrace—for Members who voted for the withdrawal Act to turn around and say, “But we’re going to try to reverse it” on the basis of a Bill that does not even exist at the moment yet about which they have prattled on right the way through these proceedings.

European Union (Withdrawal) (No. 5) Bill

Debate between Hilary Benn and William Cash

Monday 8th April 2019 Commons Chamber

[Sir William Cash]

In conclusion, I would simply say that I, too, think that the Prime Minister has made a hash of it. It makes no difference to me. I have said it repeatedly, and I will say it again and again.

[Hilary Benn (Leeds Central) (Lab)]

First, I should like to say to the hon. Member for Stone (Sir William Cash) that the reason we are debating this Bill again tonight is that the House of Commons has approved it and the other place has approved it with amendments. If that is a constitutional revolution, it is a constitutional revolution courtesy of the democratic will of this House and the other place. Secondly, on the subject of the European elections, the Government have made it quite clear to the House that if we are still a member of the European Union on 23 May, those elections will take place. Indeed, the Government have moved the order that will start the process and I understand that the Conservative party has started the process of calling for candidates to stand in those elections.

I rise to support my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) and the right hon. Member for West Dorset (Sir Oliver Letwin) and to thank them, because the Bill has helped us get to the place, subject to the decision of the European Council on Wednesday, where the will of the House to oppose leaving the European Union without an agreement will finally be given effect. The House needs to remember that the Bill has one purpose, and one purpose only: it is a “prevention of a no-deal Brexit” Bill. If the House gives its approval to it shortly, it will become a “prevention of a no-deal Brexit” Act.