European Union (Withdrawal) Bill

Debate between Mike Gapes and William Cash

Committee: 1st sitting: House of Commons
Tuesday 14th November 2017 Commons Chamber

[Sir William Cash]

Put simply, on the European Union Referendum Act 2015, which was a sovereign Act of this House—the point that the hon. Gentleman has just made—the House of Commons agreed, by six to one, that it would deliberately transfer to the people the decision whether to leave or remain in the European Union. Unless that Act is repealed, I do not believe that that decision should be returned to by the House.

[Mike Gapes (Ilford South) (Lab/Co-op)]

The hon. Gentleman has referred to the millions of people who died in two world wars. Those two world wars took place before the existence of the European Union and we in Europe, including this country, Germany and France, have lived in peace for decades. Is not it the case that France, Germany and other countries will now never, ever go to war because of the European Union?

[Sir William Cash]

The answer to the hon. Gentleman’s question is that no two democracies have ever gone to war with one another. I declare a personal interest in this issue because my father was killed in Normandy, fighting for this country, and I am proud that he got the Military Cross for that reason. This is something that many people in this country really understand and believe. It is not easy to explain, but it is to do with the fact that people understand the real reasons that self-government is so important.

The proposal in the European Communities Act 1972, which we are now repealing, was the greatest power grab since Oliver Cromwell. It was done in 1972 with good intentions. I voted yes in 1975 and I did it for the reason the hon. Gentleman mentions: I believed it would create stability in Europe. The problem is that it has done exactly the opposite. Look, throughout the countries of the European Union, at the grassroots movements and the rise of the far right, which I deeply abhor and have opposed ever since I set about the Maastricht rebellion in 1990. I set out then why I was so opposed to the Maastricht treaty: it was creating European Government and making this country ever more subservient to the rulemaking of the European Union. As I said in response to my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), that has been conducted behind closed doors. We have been shackled by European laws. He asked at one point if we could give one example. The ports regulation is a very good example. We fought that in the European Scrutiny Committee and in the House of Commons, but we were not allowed to make any difference to it. It was opposed by the Government, it was opposed by the Opposition, it was opposed by all the port employers and it was opposed by the trade unions. What could we do about it? Absolutely nothing!

European Union Referendum Bill

Debate between Mike Gapes and William Cash

Tuesday 16th June 2015 Commons Chamber

[Sir William Cash]

I just do not think that makes sense. The bottom line is that we are now so invading the ability of the voters in the referendum to make a free and fair choice, by canting the process and taking all the things to which I have just referred out of the equation, that we could seriously undermine the whole democratic process with respect to referendums. This is simply not a tenable position. If it was good enough for the Scottish and the Welsh, why is it not good enough for the referendum on the EU, which will go even further towards infringing—as we would put it—the role of this Parliament and our democratic freedoms?

I also want to discuss what publishing means. Section 125 of the 2000 Act is very general on this point, and this is what hon. Members are being asked to repeal this afternoon. It states:

“‘publish’ means make available to the public at large, or any section of the public, in whatever form and by whatever means”,

and the relevant period

“means the period of 28 days ending with the date of the poll.”

There are profound reasons for maintaining the status quo at this stage and for retaining the restriction, because once it has been repealed, we would then have to reinvent the wheel, as it were, on Report. That could open a huge can of worms for the Government. The question is: what would the Government not be restrained from doing, compared with some of the things that it is currently stated they would be restrained from doing?

The Minister for Europe has sent us a letter today, 16 June, in which he says:

“It is our clear intention, through the Bill, to provide a straightforward, fair and effective framework for the referendum.”

I have to say to him that I must cast some doubt on that in relation to the questions that are being raised. He goes on to say that it would be “inappropriate” to

“prevent Ministers from effectively conducting the significant amounts of ordinary day-to-day business between the Government and the EU that will necessarily continue during the pre-poll period.”

I have been Chairman of the European Scrutiny Committee for five years, and I just do not recognise this at all. There are things that go on in the monumental amount of material that comes in from the European Union, but in my judgment there is no suggestion that anything of this nature would be affected by retaining section 125. The section was applied during the Scottish referendum, which had a European dimension. The same applied to the Welsh Assembly. If it was all right for Ministers to continue to make statements in those circumstances, we should keep section 125 and do as the Foreign Secretary suggested during the Second Reading debate. The Minister for Europe’s letter states:

“The Foreign Secretary said during the debate that the Government will exercise proper restraint to ensure a balanced debate during the campaign.”

This is the moment to ensure that we get this right by keeping the restriction for the time being, having discussions and coming back with specific proposals on Report, on which we can then vote.

I acknowledge that the Minister for Europe has conceded that we have more than a reasonable case. His letter goes on:

“Working out a system that will reassure colleagues and voters that the referendum is a fair fight, yet will preserve the Government’s ability to act in the national interest is not straightforward.”

Well, it would be very straightforward if we kept section 125. He adds:

“It is important that it is legally clear and robust.”

It would make things very unclear and very unrobust if we were to remove the provisions in section 125, which are based on common sense and fairness and on giving voters a proper opportunity to make a fair choice.

[Mike Gapes (Ilford South) (Lab/Co-op)]

I rise to speak in support of amendments 49 and 50, which have been tabled in my name, and to give my support to amendment 54, which was introduced by my right hon. Friend the Member for Wolverhampton South East (Mr McFadden).

The Bill proposes that the referendum be held by 31 December 2017. That is in line with what the Prime Minister proposed in his Bloomberg speech in January 2013. I often wondered why 31 December 2017 had been chosen. I assumed that it was an arbitrary date midway through a Parliament elected in May 2015. In the last Parliament, when the former Foreign Secretary, William Hague, was questioned by the Foreign Affairs Committee, it seemed to come as a surprise to him when we pointed out that under the rotating presidency of the Council of Ministers the United Kingdom’s presidency would begin in July 2017. I do not know whether that had been taken into consideration when the Government produced their original proposal, but it will clearly be a major complicating factor.

We are debating the period of purdah. Just imagine what would happen if there were a meeting of the Council of Ministers in September 2017 and the referendum were to be held within 28 days of that meeting, in the October. What would Ministers be able to do or say during that period? Those Council of Ministers meetings have to be convened and chaired by the appropriate representative of the rotating six-month presidency, and there would have to be a British Minister present to represent the interests of the UK Government. What could those Ministers and their officials say and do during that period? There would be enormous complications if the Bill were to lead to a referendum being held in the last few months of 2017.

Under the constitution of the Federal Republic of Germany, there is a defined period within which the next German election will be held. It has to be held on 27 August 2017 at the earliest, and at the latest on 22 October 2017. One can imagine Chancellor Merkel, Mr Sigmar Gabriel, Mr Frank-Walter Steinmeier, Mr Wolfgang Schäuble and all the other senior figures on both sides of the German coalition being somewhat exercised and diverted from considering matters to do with the possible negotiated terms, or the nature of the negotiation, if we had not yet set the date for our referendum.

It seems, therefore, that any referendum held in the second half of 2017 would have major problems. Amendment 49 recognises that, and provides that the referendum in this country should be held before 1 July 2017—before the United Kingdom takes over the rotating presidency of the Council of Ministers and before the German election campaign. We might bring it forward to the first half of 2017, but I suspect that when the Prime Minister came up with his proposal in his Bloomberg speech he had not considered the election cycle in France. The first round of the presidential election has to be held in April 2017 and the second round in May. We could face trouble with the renegotiations in France if we were to have the referendum later in 2017.

European Union (Referendum) Bill

Debate between Mike Gapes and William Cash

Friday 22nd November 2013 Commons Chamber

[Mike Gapes]

It might be, but we do not necessarily need to have a referendum. We could say that those who wish to vote to leave the European Union on 7 May 2015 should vote for the UK Independence party, that those who wish to stay in the European Union and work for its improvement should vote Labour and that those who are unclear what they are doing one way or the other should vote for the Conservatives. That would be much better and would mean that, in effect, the general election was the referendum.

[Mr William Cash (Stone) (Con)]

I am listening carefully to what the hon. Gentleman is saying. On the status quo, given the urgent question that I had to raise about the charter of fundamental rights, for example, as well as many other things, does he agree that we need fundamental change in the relationship and not necessarily nibbling at the treaties? In fact, we do not want nibbling at the treaties at all.

[Mike Gapes]

I disagree with the hon. Gentleman, just as other Members, including his predecessor as Chair of the European Scrutiny Committee, disagreed with his argument the other day. However, I do not think I would be in order if I went down that route, because that is not the subject before us.

Let me come to the detail of my amendments. As my hon. Friend the Member for Cardiff West (Kevin Brennan) said in his intervention, amendment 21 proposes that the referendum be on the same day as the next general election. One argument for that is that it would save a great deal of money, because the polling stations would already be there, and the publicity and the campaign could be part of the general campaign. There is also a second argument. Moving the referendum to that date would clarify the debate and resolve the issue at the beginning of the next Government, rather than allowing their first 18 months in office to be dominated by this so-called renegotiation, which would divert attention from their priorities for health, education and housing.

EU-US Trade and Investment Agreement

Debate between Mike Gapes and William Cash

Thursday 18th July 2013 Commons Chamber

[Mike Gapes]

I accept that because of the problems we had when we came to office, we had to get extra capacity. My constituents in Ilford benefited from the independent treatment centre that was established on the site of King George hospital. They had operations on their knees and noses that would not have been available previously because of the lack of capacity in the NHS. I make no apology for the fact that my constituents benefited from the investment and policies of the Labour Government, but that is not what this debate is about.

I want to make three points. First, in an earlier intervention I referred to the European Union-South Korea free trade agreement which, as the Foreign Secretary recognised in the House a few months ago, has not just been of great benefit to the European Union as a whole, but the removal of 97% of the tariffs that existed between Korea and the European Union led to a significant increase in British exports to Korea.

[Mr Cash]

I alluded to that in my speech. After inquiry, the European Scrutiny Committee was informed that it was difficult, if not impossible, to make a true comparison between the apparent benefits to the EU in general and the advantages to the UK individually, apart from in the car industry, where there appeared to be a distinct benefit.

[Mike Gapes]

On 23 April, the Foreign Secretary said:

“The free trade agreement with South Korea eliminated nearly 97% of tariffs, and some British businesses are now enjoying a huge increase in exports to South Korea as a result. We want to see the same thing happen on an even greater scale in relation to the United States.”—[Official Report, 23 April 2013; Vol. 561, c. 743.]

I suggest the hon. Member for Stone (Mr Cash)has some comradely discussions about these matters with the Foreign Secretary in the next meeting of the 1922 committee or somewhere else.

I want to emphasise a point made by the hon. Member for Skipton and Ripon (Julian Smith) about the significance of reducing the regulatory obstacles. Many of my constituents work in financial or banking institutions in London. TheCityUK has published a paper saying that it

“strongly supports the efforts being made in the US and the EU towards a Transatlantic Trade & Investment Partnership.”

It believes that that needs to be comprehensive and should cover all aspects of the economy, and it highlights the absurdities of different regulatory regimes, the additional costs this imposes on both sides of the Atlantic and the serious delays involved.

In another publication, British Influence highlights how the pharmaceutical industry has completely different requirements on the acceptability and availability of drugs in the US and Europe, meaning that drugs that have already gone through one rigorous testing procedure must then go through another one. That is not necessarily anything other than an obstructive measure to preserve markets for certain companies by squeezing out competitors. If it can compete on quality—and our pharmaceutical industry is certainly high quality—industry in Europe and Britain will be well capable of competing on a level playing field in an American market.

There will be people in the US, as in Europe, who will try to resist and obstruct these measures. We have heard some of those voices today, unfortunately. The reason for that is partly ideological, but it is also linked to pork-barrel politics, the two-year congressional election cycle and all the other difficulties people have in winning public office in the US, so this will not be an easy process, and these negotiations will take time; it is a bit optimistic to think they could be over in two years, and they will not be helped if the EU adopts a minimalist position or says it wishes certain items to be taken out of the negotiations at the start. That will play into the hands of those in the US who also want to play that game.

It is a bit like the Conservative party’s position on renegotiating our membership of, and repatriating powers from, the EU. We cannot take things à la carte, and in the negotiations between the EU and the US, we will not get all we want; it will be a difficult process, and it could well be undermined significantly by diversions, such as those relating to Scotland, to which my hon. Friend the Member for Ochil and South Perthshire (Gordon Banks) referred. It could also be undermined, however, if British negotiators, obsessing about other issues, divert their efforts and energies away from getting the best deal for British business and investment and trade in the United States, as my hon. Friend the Member for Sheffield Central pointed out earlier.

According to The Daily Telegraph, the Prime Minister said that

“if Britain weren’t in the EU you would not directly benefit from an EU/US trade deal”.

That is the fundamental point. If we embark on a process of renegotiating terms with, or withdrawing from, the EU, we will damage our position within an internal EU process and our long-term relationship with the US. As the US President, the ambassador and others have made absolutely clear, the US believes it to be in the interests of its co-operation with Europe that the UK play a full part within the EU. If we want to get an EU-US trade and investment treaty, we need to support it wholeheartedly.

Commission Work Programme 2013

Debate between Mike Gapes and William Cash

Monday 7th January 2013 Commons Chamber

[Mr Cash]

For the simple reason that we would have achieved the same results had we put in place our own operation through our own legislative system. Furthermore, there are many examples of the European arrest warrant being used to convict innocent people in absentia, including someone in Staffordshire who was recently convicted of a murder that they could not have committed because they were serving in a restaurant in Leek at the time. There might be some advantages to aspects of the co-operative arrangements, of which I am in favour, but that does not mean that the panoply of powers associated with the European arrest warrant is justified.

The Government have expressed reservations about certain proposals, but the key question is: what are they actually able to do about this? We can express reservations and argue against the proposals, but the qualified majority voting system operates in such a way as to prevent us from exercising our much-vaunted influence. I have to say to the Minister and the Government—and through them, I hope, to the Prime Minister in relation to the speech that he is about to make—that if that influence cannot be effective, it is worthless.

I have considered the evidence that has accumulated over the past 40 years since we came into the European Union. I wished you a happy new year earlier, Mr Speaker, but we must also remember that it is the 40th anniversary of our accession to the European Union, through the European Communities Act 1972. This is a time for serious reflection. It is a time not only for mere reform but for a fundamental change in the relationship. There is a disconnect between the legislation that is going through the House, in relation to the implementation of sections 2 and 3 of the Act, and what is being offered to the British people in manifestos.

[Mike Gapes]

The hon. Gentleman talks about a new relationship and mentions a free trade arrangement. Does he accept that, if the United Kingdom were to leave the European Union and simply have a free trade relationship with what would be the remaining 27 states after Croatia had joined, we would be in a similar position to Norway, in that we would have integration without representation? We would have to pay in and comply with the EU rules without having any say on how they were being formulated.

[Mr Cash]

I have great respect for the hon. Gentleman, who has been vociferous on European matters for a long time, albeit on the other side of the agenda from me. He might be interested to know that the Norwegians are now getting restless and using their arrangements within the European economic area to challenge directives. I heard only a few hours ago that that was happening.

[Mike Gapes]

That is just one instance.

[Mr Cash]

Yes, but that one instance demonstrates a principle. For 15 years, I have been advocating that we use the “notwithstanding” formula, and when my party was in opposition, we agreed that we would do so. If we were to use it just once now we are in government, it would send out an appropriate signal. Unfortunately, however, that is not happening. We hear about aspirations and reservations, and that it would be a good idea to change the relationship and to repatriate powers, but I have very little confidence that we will achieve anything when it comes down to it. Even more dangerous is the raising of expectations only to have them dashed by reality. As Churchill said, offering something to the British people but not fulfilling that promise is the best way to ensure that they will no longer trust us.

There are many aspects to this work programme—including a proposal for a European public prosecutor’s office, which I was glad to hear the Minister say we will not accept—but I shall not go into other matters this afternoon because they are so numerous and because others wish to speak. Let me simply make the point that we are now at a threshold and that there is no turning back. Messrs Barroso and van Rompuy, unelected as they are, have thrown down the gauntlet to the British people. They have said, “We are going to have a federal system,” yet it is unthinkable that this country would get involved in federal arrangements, be they in the eurozone or indeed in the European Union as a whole. We must have a clear strategy; we must have a fundamental change in our relationship. What goes with that has to be a return to the British people of the right to determine the legislation that they voted for in general elections. That is the principle on which this House was founded, and that is the principle on which we have to stand.

European Union Bill

Debate between Mike Gapes and William Cash

Tuesday 25th January 2011 Commons Chamber

[Mike Gapes]

Thank you, Ms Primarolo. I take it, then, that if I widen my remarks, I will remain in order—subject, of course, to the occupant of the Chair.

I begin by following up a comment of the hon. Member for Stroud (Neil Carmichael) when he said that the former Prime Minister had said, “They are our fish”. One thing about fish is that they do not stay in one place; they can move. If they do not move, they may be over-fished, and there may be a need to have some kind of collective policy to protect “our fish”. It is very easy to say that these are “our fish”, but the fish might swim away and not come back another day.

[Mr Cash]

When fish are thrown overboard, they are dead; then they do tend to stay where they are.

[Mike Gapes]

That is very true. The hon. Gentleman should therefore welcome the fact that I am a signatory to an early-day motion on this very issue, which was tabled recently by one of his colleagues.

--- Later in debate ---

[Mr Cash]

As the hon. Gentleman knows, I tabled amendment 8. He has described the apparent tremendous advantages of the eurozone to us, and indeed the Government sometimes say much the same. The problem is that as a result of the failures of European economic governance and the failure to repatriate the regulations that are imposed, there is no growth in the EU as a whole. We are in the process of being enmeshed in an imploding European Union. So I do not entirely agree with the hon. Gentleman, although the reasons for my amendment are not directly connected with that.

[Mike Gapes]

The hon. Gentleman and I have been debating these issues for nearly 20 years. We have never agreed on matters relating to the European Union, and I do not think that we are going to do so now.

I do not believe that it will benefit our country if the European Union and the European economies implode, as the hon. Gentleman seems to wish them to do. Certainly there are problems in some—not all—European Union economies, and some, including the German economy, are growing quite rapidly. At the same time, the world’s economic centres are shifting, overwhelmingly to Asia but also to other parts of the world, and as a result we as Europeans will face a very difficult period in the coming years and decades. We need to think carefully about what will happen if the British economy is speculated against in the next 10, 15 or 20 years, and—given that the coalition Government are presiding over a return to recession—about what will happen to the long-term future of the economy if, as the hon. Gentleman wishes, the European economies fail and the European Union implodes.

--- Later in debate ---

[Mike Gapes]

Perhaps when he makes his own speech the hon. Gentleman will be able to clarify whether the Liberal Democrats are still in favour of a “big bang referendum”, as was suggested on some occasions, whether—as happened with the Lisbon treaty—they will vote in three separate ways on any of the issues that arise from clause 6, and whether the Liberal Democrats in the other place will vote in line with their Front-Bench colleagues here or will also be split in three directions.

I believe that the measures before us are not necessary and should be rejected. I shall vote against clause 6 and the amendments concerning, in particular, the European financial stability mechanism, which I think would be positively damaging to the future of our country.

[Mr Cash]

Excellent amendments have been tabled by my hon. Friends the Members for Daventry (Chris Heaton-Harris), for Witham (Priti Patel) and for Hertsmere (Mr Clappison), and perhaps by others whom I have omitted to mention. There are quite a few amendments here which deal with matters raised by the European Scrutiny Committee, and which relate in particular to gaps—as we described them in our report—in the control mechanisms of part 1. Those matters, which have been discussed quite extensively, involve extensions of European Union competence in criminal law and procedure and in family law, opt-in decisions, and enhanced co-operation in internal passerelles. The amendments deal comprehensively with those issues, and in doing so demonstrate their necessity.

The proposal relating to criminal procedure has been raised by the European Scrutiny Committee in the past. In particular, the Committee has raised the issue of serious crime with a cross-border dimension. Despite denials over the past decade or so that there would be any serious engagement in the field of criminal law, there has been an increasing encroachment on it. There are serious problems, which are often procedural. We should also consider the manner in which criminal justice is activated and operated in other member states. We do not want to assume that everything that we do is perfect; indeed, we have plenty of evidence that it is not. However, there are certain basic principles that go to the heart of the manner in which trial by jury operates and the manner in which people are arrested. I could continue at great length.

--- Later in debate ---

[Mike Gapes]

Just for the record, is it not a fact that the outgoing Chancellor would have consulted the then shadow Chancellor, who was about to become Chancellor, at that time? So rather than inadvertently giving the wrong impression, perhaps we should put it on the record that in that transition period it would have been necessary and proper for the previous Chancellor to be in discussion with his successor, so that there would be no ambiguity about what would happen.

[Mr Cash]

The hon. Gentleman is absolutely right on that important point, and I was immediately coming to it—I have in my hand the explanatory memorandum, to which I referred before he intervened, precisely for that purpose. It stands in the name of the Economic Secretary to the Treasury. A scrutiny matter is still outstanding, so paragraph 26 comes under the heading of “Other observations” and states:

“The Government regrets that the Scrutiny Committees”—

those of the Commons and the Lords—

“did not have time to consider this document before it was agreed at Council.”

I can tell the House that that happened because we were in a caretaker period and the European Scrutiny Committee, as such, was not sitting in that interregnum. The memorandum continues:

“It should be noted that whilst agreement on behalf of the UK was given by the previous administration, cross-party consensus had been gained.”

That is why I made the point that the responsibility lies with both this Government and the previous one.