European Union (Withdrawal) (No. 2) Act 2019 (Rule of Law)

John Redwood Excerpts

Monday 9th September 2019 Commons Chamber

[John Redwood (Wokingham) (Con)]

Of course the Government and all Members of Parliament must obey the law, but Parliament must also pass wise laws and pass them according to our traditions, practices and rules. I wish to concentrate briefly on the question of the wisdom of the law and urge those who sponsored it to think again in the national interest.

This is no normal law. A normal law applies to everyone in the country equally, there are criminal penalties for those who break the law, and we wish to see the law enforced. This is not that kind of a law. This Act of Parliament is a political instruction to our Prime Minister about how he should behave in an international negotiation. Normally, this Parliament takes the view that international negotiations are best handled in detail by the Government, and we the Parliament judge the result by either approving or disapproving of it.

I urge colleagues to think again, because two things follow from Parliament instructing the Prime Minister in the way it has sought to do over this negotiation. The first is that the EU, the counterparties to the negotiation, can see that this Parliament has deliberately undermined the position of the lead negotiator for our country. It will take note of that, and instead of giving things it will say, “There is no point in giving things.” The second thing—even worse—is that the EU will take note that our Prime Minister under this Act is to seek an extension on any terms the EU cares to dictate. How can anyone in this House say that is good law or justice or makes sense for the British people? Those of the remain persuasion, just as those of the leave persuasion, must surely see that this is not the way to treat our lead negotiator—putting our country naked into the negotiating chamber with the EU. It puts the country in a farcical and extremely weak position.

I thought that the Labour party wanted us to leave the EU. Labour Members did not like the withdrawal agreement—I have sympathy with that—but they do not like leaving without the withdrawal agreement—I have less sympathy with that—so they are looking for a third way. They presumably think they could do some other kind of renegotiation, but they have never explained to us what that renegotiation would be like, and they have never explained how the EU would even start talking about it, given that it has consistently said we either take the withdrawal agreement or just leave.

[Adam Afriyie (Windsor) (Con)]

The Opposition have taken a really bizarre position. They have said that, even if they did manage to negotiate a new deal with the EU, they would campaign against it. It is a really odd position for this nation to be in.

[John Redwood]

That is even more bizarre. Normally, Governments do their best negotiation and then come back and recommend it to the House of Commons. It would indeed be fatuous if we ever had a Government in this country who negotiated a deal they knew they wanted to reject. They should not waste everybody’s time and just say, “Let’s leave without a deal.”

We are wandering a little from the point of this debate, which is about the rule of law. This House of Commons should think again. This is an extremely unwise law. It undermines the Prime Minister, but, more importantly, it undermines our country. It makes it extremely unlikely that those remain-supporting MPs who could live with our exit with a variant of the withdrawal agreement will get that because they have deliberately undermined the pressure our Prime Minister may place on the EU in the negotiations he is trying to undertake. Even worse, they have invited the EU to dictate terrible terms for a few months’ extension, and why would the EU not do it? Please, Parliament, reconsider. Parliament has a duty to put through wise laws and to represent the national interest. This miserable Act is an act of great political folly and is undermining our country in a very desperate way.

[Jo Swinson (East Dunbartonshire) (LD)]

It is astonishing that we are even having a debate about whether a Prime Minister is going to adhere to the rule of law. Let us just think about that for a minute or let it sink in. The Government have let the House of Commons be in genuine doubt about whether they will respect a law that has passed through this Chamber and the other place and received Royal Assent. We have a Prime Minister who thinks the rules do not apply to him. He is acting as though he has a majority, when he has none. His majority dissolved when the hon. Member for Bracknell (Dr Lee) joined the Liberal Democrats, and then it was made worse by his own brutal sacking of 21 Conservative colleagues, many of whom had served their party and their country with distinction and public service over decades.

The Prime Minister is on a power trip, but the truth is he does not have unfettered power, much as he would like to. There is a sense of arrogance and entitlement about this action. He acts as though rules and conventions simply do not apply to him. He will stand in front of the police—in front of public servants—and make a political speech talking with apparently no sense of irony about how he would rather die in a ditch than obey the law. This is a Prime Minister who has trampled over conventions, such as observing basic courtesies and manners, roaming the world as Foreign Secretary causing offence wherever he went.

This is a Prime Minister who has refused to stand up for the traditions of our civil servants, who give their advice to Ministers freely and frankly, who act in a neutral and independent way and who should be backed up by Ministers. Instead, he was prepared to throw Sir Kim Darroch under the bus. This is a Prime Minister who has appointed to the Cabinet the former Defence Secretary, who was sacked by the previous Prime Minister because she believed that he had leaked material from the National Security Council. This is a Prime Minister who saw fit to appoint to the heart of No. 10 a chief of staff who has been found in contempt of Parliament. This is a Prime Minister who truly thinks that rules and conventions do not apply to him.

Let me now turn to the specific law requiring the Prime Minister to request an extension of article 50 to prevent us from crashing out of the EU without a deal. The hon. Member for Wellingborough (Mr Bone) said that it does not take no deal off the table, and I have some sympathy and agreement with the hon. Gentleman on that point. This law is not perfect. This law is what we arrived at, working on a cross-party basis and building consensus in Parliament, but it is not perfect. It is a good step, but it is not a guarantee. As has been said, what happens if the EU does not grant an extension? I, for one, do not put anything past our Prime Minister when it comes to what he might try to engineer.

It was suggested that an extension would be granted for a general election, and I think that that is a fair representation of what the EU has said. The EU has also said that it would grant an extension for the purpose of a people’s vote so that the specific deal could be voted on, and that remains the best way in which to resolve this issue. There is no guarantee of a resolution through a general election, but if there is a people’s vote on the specific Brexit deal, we will know whether that has majority support in our country or whether it does not.

It is important for Parliament to be sitting during the period after the European Council. The right hon. Member for Wokingham (John Redwood) said that, normally, Prime Ministers would not be told how to conduct a negotiation; they would bring back what they had negotiated to the House of Commons and seek approval for it. Actually, this law does exactly that. It asks the Prime Minister to do his job—negotiating in Brussels—and either to get a deal or, if he fails to get a deal, to come back to the House and hold a vote in Parliament to see whether there is approval for what he has achieved.

[John Redwood]

Is there any limit on the conditions that the EU could impose on us to get the extension that the hon. Lady would find unacceptable? Let us say that it wanted billions of pounds that we need for schools and hospitals in Britain. The hon. Lady wants us to just pay that.

--- Later in debate ---

[The Secretary of State for Foreign and Commonwealth Affairs and First Secretary of State (Dominic Raab)]

It is a great pleasure to wind up this debate, and I pay tribute to the interesting points that have been made on both sides of the House.

This Government will always respect the rule of law. That has consistently been our clear position and, frankly, it is outrageous that it is even in doubt. Of course, how the rule of law will be respected is normally straightforward, but sometimes it can be more complex because there are conflicting laws or competing legal advice. The Government usually get their interpretation right, but there have been many judicial reviews down the years, under many different Governments of different complexions. The Government cannot and would not wish to prevent that. Indeed, judicial review is part and parcel of the rule of law.

When, on occasion, the Government have lost a case on one or more contentious grounds—this has been true under successive Governments—of course they must correct their position accordingly and expeditiously.

I am a lawyer by training, I have served twice in the Ministry of Justice and I can reassure hon. Members that I take this duty to respect the rule of law particularly seriously. At the same time, it is true to say that the country is appalled by what it is seeing in Parliament, not for the reasons given by the hon. Member for Birmingham, Selly Oak (Steve McCabe), but because hon. Members voted for a referendum and promised repeatedly to respect the result, and yet now people see that the Leader of the Opposition and others have repeatedly tried to frustrate Brexit. The right hon. Gentleman has now made it clear that that is Labour party policy. The ballot paper in 2016 did not say, “Leave, if and only if Brussels agrees a deal”; it did not require us to seek permission from Brussels before departure. and it did not give the EU a veto over Brexit.

The Prime Minister and this Government have been working hard for a good deal—the Prime Minister has been at it again in Dublin today—but it must be an acceptable deal that Parliament can pass. We will continue that effort. But respecting the referendum must also mean that this House allows us to leave without a deal if Brussels leaves no other credible choice. Three years of experience, to date, demonstrates that taking that option off the table severely weakened our negotiating position in Brussels, yet last week this House voted for another delay, and in doing so it further weakened our position at a critical juncture in these negotiations, a point made powerfully and eloquently by my right hon. Friend the Member for Wokingham (John Redwood).

So we are now in dangerous territory. Across the country, millions of voters are concluding that Parliament is refusing to allow Brexit to happen, because some MPs just do not like it and because some politicians think the voters got it wrong in 2016—that was the thrust of the comments made by the right hon. Member for Ross, Skye and Lochaber (Ian Blackford).

[John Redwood]

Would my right hon. Friend like to comment on the way in which the Commons swept aside the idea that support is needed for the big financial consequences of this legislation—there was no money resolution—and swept away Queen’s consent, which is normally needed when encroaching on negotiations of an international treaty?

[Dominic Raab]

I thank my right hon. Friend for that. Of course, all the normal checks and balances that would apply if the Government were bringing forward a piece of legislation cannot apply—almost by definition—as a result of the way this was done. It has been done swiftly, without the normal scrutiny, and as a result it is a flawed piece of legislation and rightly dubbed the surrender Bill, because of its impact on our negotiations in Brussels.