Succession to the Crown Bill

Debate between Mark Reckless and Wayne David

Tuesday 22nd January 2013 Commons Chamber

[Mark Reckless]

The Minister owes the House and perhaps the wider nation and realms beyond these shores an explanation as to why the number six has been selected in subsection (1), and what considerations have been brought to bear on the matter.

My hon. Friend the Member for Tamworth (Christopher Pincher) suggested an alternative, and said that the measure should apply to all heirs and successors of Queen Elizabeth II. I am concerned that, if we moved in that direction, such a measure would contain the seeds of its own obsolescence, rather like the Royal Marriages Act 1772 excluding all the descendants of George II except for those with a particular exemption. The numbers would balloon over time, and many of the same issues would remain.

The key issue to which the Minister should respond, and which Parliament should debate before the measure becomes law, is whether subsection (1) is subject to clause 2(1). For me, that is an important point. Having listened to all the debate, I remain undecided as to whether the Bill is an improvement on the status quo because it removes the discrimination with respect to a Catholic being able to marry someone who may inherit the throne, or whether I ascribe to the views expressed by my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) that it may kill a minor discrimination at the expense of reopening the whole issue, and we would then be looking at the Act of Settlement as amended by the Bill increasing the offensiveness of those words on the statute.

I can see the virtue of both arguments, but what weighs in the balance is the question of whether clause 2(1) is an absolute improvement or whether it may be overturned by a Crown decision under clause 3(1) acting under the prerogative on Ministers’ advice, which could still lead to someone being excluded as a result of marrying someone of the Roman Catholic faith, notwithstanding clause 2(1). I should appreciate it if the Minister provided clarity on that, preferably today, but if not, in subsequent proceedings.

[Wayne David]

As the Minister knows, we support the Bill, particularly clauses 2 and 3. However, a number of Members have raised the issue that the hon. Member for Rochester and Strood (Mark Reckless) just mentioned. He put it very well, and there appears to be a contradiction, or at least a potential contradiction, between clause 2(1) and clause 3(1). If there is, which provision has precedence? That is an important point, and if explicit clarification cannot be given now it would be advantageous, if it is provided when the Bill goes to the other place. That reinforces the point made by the hon. Member for Foyle (Mark Durkan), which was well put.

Commission Work Programme 2013

Debate between Mark Reckless and Wayne David

Monday 7th January 2013 Commons Chamber

[Wayne David (Caerphilly) (Lab)]

I begin with a general point about the European Commission. I am not a great defender or fan of the Commission, but it is important for us to remember that it is not a legislative body. It does not decide laws; it makes proposals and, usually through a process of co-determination or co-decision, other institutions, such as the Council of Ministers and the European Parliament, are then involved in determining the law. That is when democracy comes into play. It is important to keep that perspective.

[Mark Reckless (Rochester and Strood) (Con)]

The hon. Gentleman says that the European Commission does not make law, but is it not the case that the European Commission has a monopoly on the proposal of law, and is therefore an essential and necessary part of law-making? To that extent, in European structures it does make law.

[Wayne David]

The hon. Gentleman is right. The European Commission has the sole right to initiate legislation. Nevertheless, it does not have the sole right to agree legislation; the initiatives the Commission formulates are the result of discussions in the European Parliament, and increasingly in the Council of Ministers. When we talk about democracy inside the European Union, it is important to recognise that this Parliament has a pivotal role. If anything has clearly come out of the debate, it is the fact that this Parliament does not take European legislation and formulation as seriously as it ought to do.

European Union Bill

Debate between Mark Reckless and Wayne David

Monday 11th July 2011 Commons Chamber

[Mr David]

I very much hope that in this Parliament that will not be the case. I have taken heart from the rebellious comments and actions of the hon. Gentleman. I very much hope that Parliament will assert itself through the course of this Parliament and that his concerns will prove to be mistaken.

I hope that most Members of this House would uphold the time-honoured doctrine, despite the qualifications that have been expressed, of one Parliament being unable to bind its successor. I hope that Members do not question that. We should never seek to dictate in one Parliament what should happen in the next. I concede that, strictly speaking, the European Union Bill does not bind future Parliaments because, as has been said, those future Parliaments could modify the legislation. Nevertheless, at the very least, the Bill questions that principle and strongly goes against its spirit. I say that because the heart of the Bill will effectively come into operation during the next Parliament.

In the other place, Lord Howell said from the Government Front Bench that the Bill will be “operative” in this Parliament. He cited the Government’s commitment to bring forward an Act of Parliament on the European stability mechanism, the so-called bail-out mechanism, and its inclusion in the treaty. The Minister has just said that an Act of Parliament will be brought forward if Croatia accedes to the European Union. The Government have said consistently that they will not agree to any transfer of sovereignty to Brussels during this Parliament. That is an important qualification. There will therefore be no need to hold a referendum. Of course, we may see a significant transfer if the Government decide to opt in to the European Court of Justice opt-in provisions. The Government are illogically against holding a referendum if they decide to opt in. That reinforces the point that the main intention behind the Bill is to influence future Governments and Parliaments. What happens during this Parliament under the Bill will be relatively small beer. We are talking about a piece of legislation that will have a direct influence on the Governments and Parliaments of the future, after the next election. That is the fundamental point. Despite the qualifications that have to be expressed for the argument to hold up, that is an important and telling point.

[Mark Reckless]

Is not the key point about the Bill that it makes provision for referendums at some potential future date on various aspects of our relationship with the EU? What the British people really want is a referendum now on our membership or otherwise of the EU.

[Mr David]

That might be the true voice of the British Conservative party, but it is not the voice of the hon. Gentleman’s Government and it is most certainly not the voice of the Opposition.