European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) (No. 2) Regulations 2019

John Redwood Excerpts

Monday 20th May 2019 General Committees

[Sir William Cash]

My hon. Friend is completely right. That is part of the disgraceful way in which all of this has been done. The speed was certainly breathtaking. The suggestion that the deal had been agreed is itself a breathtaking statement; really, it was imposed on us by abject surrender.

The regulations that moved exit day to 31 October were rammed through at 3.15 pm on Thursday 11 April by the Minister and laid before the House at 4.15 pm on the same day. Let us remember that section 1 of the European Union (Withdrawal) Act 2018 is inextricably bound with exit day, with the repeal of the European Communities Act 1972 in lockstep. The section, says, quite clearly and expressly:

“The European Communities Act 1972 is repealed on exit day.”

Repeal of the 1972 Act is axiomatic to carrying through the democratic referendum vote that took place on 23 June 2016, because that Act is the constitutional and domestic legislative means by which the voters of the United Kingdom were shackled to all treaties and laws imposed on them, without exception—including rulings of the Court of Justice. Those laws are invariably passed behind closed doors by qualified majority vote of the Council of Ministers of the other 27 member states of the European Union

It is about who governs this country and how they do so—general election manifestos and freely exercised democratic votes of the British electorate are the basis of our parliamentary Government, established over centuries—and whether the wishes of the British electorate prevail.

[John Redwood (Wokingham) (Con)]

Does my hon. Friend agree that, given the huge constitutional significance, the way in which the proposal stops us governing ourselves for longer, and the huge sums we will have to pay to the EU under the regulations, it is a disgrace that we did not have a proper debate on the Floor of the House?

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[John Redwood]

Given that Labour campaigned on helping us to leave the European Union in 2017, why does the party now take every opportunity to delay and prevent us from leaving?

[Matthew Pennycook]

There is a simple answer to that. Yes, the manifesto we stood on rightly said that we accepted the referendum result. It also said, clearly, that we rejected a no-deal exit and the proposition on which the Tory party is trying to take us out of the EU. We will not vote for the deal as it stands, so a further extension is inevitable until other options come forward.

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[James Cleverly]

I will address that point, if my hon. Friend will be patient for a minute or two.

The decision to seek a further extension followed votes and the passage of primary legislation in Parliament that supported the extension of article 50. The statutory instrument is about ensuring that our domestic legislation reflects international law and about avoiding confusion in our domestic statute book, which would help no one.

[John Redwood]

Does the Minister understand the feeling of constitutional outrage in this country, which many of us have come to express? Because of the Government’s timetabling, and the packed Committee, we have not been able to make speeches. That is why this Parliament is losing it with the public, and that is why the mood out there is so hostile to the Government and the Opposition—because they delayed Brexit and are stealing democracy from the British people.

[James Cleverly]

I completely understand. I have been knocking on doors, as I am sure my right hon. Friend has, and I am well aware of the anger—I will not be euphemistic and use the word “frustration”—out there about the fact that Brexit has not yet been delivered. Again, I will come on to that specific point.

I will have to be ungenerous with regard to further interventions, because I am conscious—

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[John Redwood]

This is a travesty of proceedings. This is a major debate about the future of our country. This is a massive bill, committing us to making huge payments to the European Union, which we voted not to make anymore. It of course warrants a debate on the Floor of the House and a full vote of this House. I am grateful to my hon. Friend the Member for Stone for the enormous work that he has put in. His case stands completely unanswered today by the hapless Minister asked to represent the Government on this occasion. My hon. Friend made it clear why he thinks the statutory instrument is defective, and why the proceedings pursued by the Government did not live up to the constitutional standards that we expect. There may well be a serious legal challenge in the courts following these proceedings.

I urge the Minister to go back to the Prime Minister and to think again. We did not vote in the referendum to delay our exit beyond two and a bit years, which was forced upon us by the rules and regulations of the treaty we were leaving. We did not vote to leave one treaty in order to sign up to two new and even worse treaties, the first of which has singularly failed to get through this House on three separate occasions and is universally condemned by most voters, remain and leave.

We need a Government that understand the mood of the British people. We need a Government that believe in democracy. We need a Government that understand that the British people voted with good purpose to leave. Almost three years on, they are appalled that we, their elected and collective representatives in this place, have collectively done everything in our power to delay, prevent and impede a proper leaving of the European Union.

The Committee should vote the statutory instrument down. It should unite in condemning the procedures being pursued. It should recognise that it has been packed to do the Government’s work, which the public do not want it to do. I hope that the Committee does the decent thing and surprises us all. I fear it will not, but I trust that people outside this House will note that some of us came to make the case they wish us to make. Some of us stand up for democracy, and we are appalled by the proceedings.