Principles of Democracy and the Rights of the Electorate

Debate between Joanna Cherry and Owen Paterson

Thursday 26th September 2019 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

If the worst thing the Irish could say of the European Union is that it made them vote twice, I can imagine they have a lot worse things to say about their relationship and their union with England.

This week, we had a sterling reminder from the United Kingdom Supreme Court that in the UK we live in a constitutional democracy with checks and balances on Executive power. We were also reminded that so long as Scotland remains part of this Union, Scots law and the Scottish judiciary are deserving of respect—because let us not forget that the 11 UK Supreme Court justices followed the unanimous decision of the three judges in Scotland’s highest court, the Inner House of the Court of Session. In Scotland, our democratic and constitutional tradition goes back to the Declaration of Arbroath in 1320, which we will be celebrating 700 years of next year, and the Claim of Right in 1689. The principle of those documents is that neither the sovereign nor the Government is above the law. It was very refreshing to hear Lady Hale remind us that the same has been the position in England since at least 1611 when she said in her statement on Tuesday:

“As long ago as 1611, the court held that ‘the King (who was then the government) hath no prerogative but that which the law of the land allows him’.”

So constitutional democracy means not a tyranny by the Executive but parliamentary democracy with checks and balances. As Lord Drummond Young said in Scotland’s highest court:

“The courts cannot subject the actings of the executive to political scrutiny, but they can and should ensure that the body charged with performing that task, Parliament, is able to do so.”

I do not think that anyone on these Benches will take any lectures from members of the Conservative and Unionist party about the importance of democracy when it was their leader who tried to shut down parliamentary democracy for five weeks at a time of constitutional crisis in the UK.

Lady Hale stressed that there are two—[Interruption.] I am happy to take an intervention if the right hon. Member for North Shropshire (Mr Paterson) wants to make one.

[Mr Owen Paterson (North Shropshire) (Con)]

I am grateful to the hon. and learned Lady for offering me the chance to intervene. The point I would make is that we have had this huge national drama over the past couple of weeks as to whether the Prorogation will be ended, because so many Members of Parliament were so extremely zealous to attend and to address the issue of Brexit. But if we look at the Opposition Benches, there are almost as many SNP Members here as Labour Members—that is it—and there are only four of them.

[Joanna Cherry]

Perhaps if the Government brought some proper business forward, there would be more people here.

I want to return to what Lady Hale said. The judgment of the Supreme Court this week was not very complicated. Many Government Members suggested yesterday that it made new law—it did not. Lady Hale was simply expressing a principle that goes far back in the Scottish constitutional tradition and also in the English tradition that the Government are not above the law. She stressed two principles of our democracy: parliamentary sovereignty and parliamentary accountability. The Executive must be accountable to Parliament. It puzzles me that so many parliamentarians thought this was a novel statement of the British constitution, but that is perhaps because of the lack of a written constitution in the United Kingdom.

Many Members in this House—particularly those on the Opposition Benches—will be familiar with the writings of Justice Albie Sachs of the South African Supreme Court, a great jurist and freedom fighter. When he sat down to write the constitution of the new South Africa, he was shocked to find that Britain, which he was looking to for guidance, did not have a written constitution. One of the things that the Brexit crisis and the horror with which the UK Supreme Court judgment has been greeted by some illustrates is the need for the United Kingdom to have a written constitution. But I am afraid to say that I will not be holding my breath for constitutional reform in the United Kingdom. The Scots are very familiar with the oft mentioned promise of federalism whenever Scotland looks close to voting for independence. Gordon Brown is normally wheeled out to promise federalism, but there is never any appetite in this House to make that a reality.

There are many things that could be done to improve British democracy, but the horrified reaction to the checks and balances imposed by the United Kingdom Supreme Court last week shows me that Government Members do not actually understand their own constitution and would probably find it very hard to write it down. Brexit has thrown the constitution of the United Kingdom into crisis. In 2014, during the Scottish independence referendum, which was a great deal more civilised affair than the EU referendum—[Interruption.] Well, nobody lost their life during the Scottish independence referendum.

The Government's Plan for Brexit

Debate between Joanna Cherry and Owen Paterson

Wednesday 7th December 2016 Commons Chamber

[Mr Paterson]

Emphatically yes. If the hon. Lady had listened to my speeches during the referendum campaign, she would know that I said, “And, if appropriate, more.” What we will now be able to do is to embrace technology. The EU is becoming the museum of world farming because it is so extraordinarily hostile to technology—and that also applies to fishing.

The hon. Lady has also mentioned immigration—quite rightly. The most angry people I met when I was at DEFRA were the fruit farmers in Essex, Kent and Hereford who had been deprived by the then Home Secretary, now our Prime Minister, who had stopped the seasonal agricultural workers scheme, which brought in 21,250 highly skilled Romanians and Bulgarians before their countries became full members. I worked hard with my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith) and the then Home Secretary to see how we could work our way around this. The hon. Member for Penistone and Stocksbridge (Angela Smith) is absolutely right—we need a supply of skilled labour to work in our horticultural, fruit-picking and vegetable industry, and also in food processing.

At the other end of the scale, I know an eye surgeon whose family—they are Sufi Muslims—came from the United Provinces of India. She gave me, unprovoked—I have clean hands; she started it—the most extraordinary lecture attacking current immigration policy whereby she has to take less qualified, less skilled, less safe and less experienced eye surgeons because they have European passports, and she cannot choose more skilled and safer ones from Bangalore, Hong Kong or San Diego. I would like us to have the choice of the world’s workers—whether fruit packers or eye surgeons—on a permit scheme. I wholly endorse the comments of my right hon. Friends the Member for Loughborough (Nicky Morgan) and for Surrey Heath (Michael Gove) because it would send out a tremendous signal if we stated here and now that there are very large numbers of EU citizens working in our economy who make an enormous contribution. We should give them, up to a certain date, the right of abode, and from then on move to a permit system.

We said that we would take back control of our ability to trade around the world. SNP Members make a huge fuss about the single market and the customs union. We have to leave the single market if we want to come out from under the cosh of the European Court of Justice. The single market does not exist anyway. My noble Friend Lord Bamford recently gave a very good speech in another place saying that there are 10 standards for brake lights on tractors within the current so-called single market. It is a non-problem. People just punch in the information when they go on the production line.

[Joanna Cherry]

I am interested in what the right hon. Gentleman has just said. Can he tell me why the Conservative manifesto, on which his party fought the last election, stated:

“We say: yes to the Single Market”?

[Mr Paterson]

I am speaking for the Vote Leave campaign, which made it very clear that we would not be under the jurisdiction of the ECJ and that we would be able to make trade treaties around the world. Also—this was massively popular during the campaign—if we leave the customs union and get outside fortress Europe, the prices of everyday goods, food and clothing will come down. That will be of massive benefit to our consumers, and it is another example of why this is the establishment against the people.

The same thing is happening in Europe. We saw the results of the referendum in Italy this week, and there will soon be elections in Holland, France and Germany. Opposition Members should wake up to the phenomenon that we have allies in those countries who want what they would call an open Brexit. They want to trade with us, so we should be offering them zero for zero on tariffs.

Ilse Aigner is a senior member of the Christian Social Union in Bavaria with whom I worked extremely closely when she was the federal Agriculture Minister. Only last week, in her role as Economic Affairs Minister for Bavaria, she said to her federal counterpart, “Don’t mess up Brexit. We don’t want recession in Bavaria; we want to continue selling our products.” As well as the 17.4 million people here who voted for Brexit, we have significant interests in Europe on our side.

Quotes have been bandied about—including one that was, I think, a perversion of something that Helmuth von Moltke said—and I close with two. Napoleon, who knew a thing or two about winning battles, said:

“I never had a plan of operations”.

Carl von Clausewitz said:

“Pursue one great decisive aim with force and determination.”

Good luck to the Government; I will vote for the amendment tonight.