(5 years, 3 months ago)
Commons ChamberMy hon. Friend makes an extremely important point, which goes to the heart of the crucial issue about our democracy that the hon. Member for Glasgow North (Patrick Grady) raised from a sedentary position. One of the features that many of us found most objectionable about the withdrawal agreement was precisely that for a long and unspecified transition period that could have stretched on for many months—it was not clear what would end it—we would be under any new law that the European Union wished to impose on us, with no vote, voice or ability to influence that law.
At the moment, as a full member, we have some influence. We have a vote, and sometimes we manage to water down or delay something, but in the transition period we would have none of those rights. Any of the existing massive panoply of European law could be amended or changed by decisions of the European Court of Justice, and that would be binding on the United Kingdom. This is completely unacceptable for a democratic country—that, when a majority of people in a democratic referendum voted to take back control of their laws, their Parliament then says, “No; far too difficult a job for us. We don’t want to participate in this process. We don’t want to take control of your laws. We want to delegate most of them, in many fields, to the European Union and have a foreign court developing our law for us in ways that we might find completely objectionable.” None of the amendments that I have just been mentioning, in the names of my hon. Friend the Member for Gloucester (Richard Graham), the hon. Member for Aberavon (Stephen Kinnock) and others, intending to find a compromise, tackles this fundamental obstacle to the withdrawal agreement and to the idea that we can somehow negotiate our way out of the European Union if it does not think we just intend to leave.
I am very grateful indeed to the right hon. Gentleman for taking an intervention. May I take him back to something that he said, because it is really very important? The right hon. Gentleman and many of his colleagues have claimed—in the referendum, subsequently and tonight—that they are going to take back control of the borders. May I just ask him how he intends to take back control of South Armagh, and would he like to come to Crossmaglen and explain why it is all right for us to go out without a deal?
(7 years, 3 months ago)
Commons ChamberLet us come to the secondary legislation point. First, all statutory instruments are subject to a parliamentary process. I am quite happy that there is parliamentary control. If Ministers seek to abuse the power under the legislation that they are offering to the House, then all the House has to do is to vote down the statutory instrument. If it is a so-called negative resolution instrument, surely the Opposition are up to being able to say, “We intend to debate and vote on this issue.” I remember doing that as a shadow Cabinet member. I called in things that the then Government were trying to smuggle through and made sure that there was a debate and a vote. If it is the view of Parliament that Ministers have misbehaved, then they will lose the vote and have to come forward with something else.
That is parliamentary democracy, and I do not understand why my colleagues find it so difficult to understand. Ministers will be bringing forward bits of secondary legislation in areas where they are fairly sure that it is the will of the House that they go through because they are technical, or sensible, or obvious. They will all be in pursuit of the fundamental aim, which is to guarantee all these rights and laws, which are often more admired by Opposition Members than Conservative Members, but which we have all agreed should be transferred lock, stock and barrel, and which in certain cases are protected by pledges in manifestos. For example, my party, as well as the Labour party, has promised to keep all the employment protections and improve on them, because that is something we believe in. We offered that to the British people as part of our manifesto for the last election.
The right hon. Gentleman has suggested that those who voted for remain, as I did, should be happy with this Bill because it brings over all EU legislation. Yes and no. On the stroke of midnight on exit day, we lose the general principles of EU law such as proportionality, non-discrimination, and respect for human rights. [Interruption.] No, with respect—the general principles go. Does he agree that we should lose those very sound, good, valuable general principles?
I think that those excellent principles are already reflected in both European law and British law and will therefore be built into our statutes. They will be inherited from European law through this Bill, and they will often inform the judgment of our judges. I am very happy to trust our Supreme Court rather than the European Court of Justice.
The Supreme Court has not always made judgments I like. I did not like one of its judgments quite recently, but we accepted it and lived with it. We are now in a stronger position as a result, as it happens, because we had a nine-month referendum debate in this House after the country had made its decision. I am pleased to say that after a very long and extensive rerun of the referendum—day after day we were talking about the same subject, having been told we never did so—Parliament wisely came to the decision, by an overwhelming majority, that it did have to endorse the decision of the British people and get on with implementing it.
(9 years, 9 months ago)
Commons Chamber