Principles of Democracy and the Rights of the Electorate

Owen Paterson Excerpts

Thursday 26th September 2019 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

If the worst thing the Irish could say of the European Union is that it made them vote twice, I can imagine they have a lot worse things to say about their relationship and their union with England.

This week, we had a sterling reminder from the United Kingdom Supreme Court that in the UK we live in a constitutional democracy with checks and balances on Executive power. We were also reminded that so long as Scotland remains part of this Union, Scots law and the Scottish judiciary are deserving of respect—because let us not forget that the 11 UK Supreme Court justices followed the unanimous decision of the three judges in Scotland’s highest court, the Inner House of the Court of Session. In Scotland, our democratic and constitutional tradition goes back to the Declaration of Arbroath in 1320, which we will be celebrating 700 years of next year, and the Claim of Right in 1689. The principle of those documents is that neither the sovereign nor the Government is above the law. It was very refreshing to hear Lady Hale remind us that the same has been the position in England since at least 1611 when she said in her statement on Tuesday:

“As long ago as 1611, the court held that ‘the King (who was then the government) hath no prerogative but that which the law of the land allows him’.”

So constitutional democracy means not a tyranny by the Executive but parliamentary democracy with checks and balances. As Lord Drummond Young said in Scotland’s highest court:

“The courts cannot subject the actings of the executive to political scrutiny, but they can and should ensure that the body charged with performing that task, Parliament, is able to do so.”

I do not think that anyone on these Benches will take any lectures from members of the Conservative and Unionist party about the importance of democracy when it was their leader who tried to shut down parliamentary democracy for five weeks at a time of constitutional crisis in the UK.

Lady Hale stressed that there are two—[Interruption.] I am happy to take an intervention if the right hon. Member for North Shropshire (Mr Paterson) wants to make one.

[Mr Owen Paterson (North Shropshire) (Con)]

I am grateful to the hon. and learned Lady for offering me the chance to intervene. The point I would make is that we have had this huge national drama over the past couple of weeks as to whether the Prorogation will be ended, because so many Members of Parliament were so extremely zealous to attend and to address the issue of Brexit. But if we look at the Opposition Benches, there are almost as many SNP Members here as Labour Members—that is it—and there are only four of them.

[Joanna Cherry]

Perhaps if the Government brought some proper business forward, there would be more people here.

I want to return to what Lady Hale said. The judgment of the Supreme Court this week was not very complicated. Many Government Members suggested yesterday that it made new law—it did not. Lady Hale was simply expressing a principle that goes far back in the Scottish constitutional tradition and also in the English tradition that the Government are not above the law. She stressed two principles of our democracy: parliamentary sovereignty and parliamentary accountability. The Executive must be accountable to Parliament. It puzzles me that so many parliamentarians thought this was a novel statement of the British constitution, but that is perhaps because of the lack of a written constitution in the United Kingdom.

Many Members in this House—particularly those on the Opposition Benches—will be familiar with the writings of Justice Albie Sachs of the South African Supreme Court, a great jurist and freedom fighter. When he sat down to write the constitution of the new South Africa, he was shocked to find that Britain, which he was looking to for guidance, did not have a written constitution. One of the things that the Brexit crisis and the horror with which the UK Supreme Court judgment has been greeted by some illustrates is the need for the United Kingdom to have a written constitution. But I am afraid to say that I will not be holding my breath for constitutional reform in the United Kingdom. The Scots are very familiar with the oft mentioned promise of federalism whenever Scotland looks close to voting for independence. Gordon Brown is normally wheeled out to promise federalism, but there is never any appetite in this House to make that a reality.

There are many things that could be done to improve British democracy, but the horrified reaction to the checks and balances imposed by the United Kingdom Supreme Court last week shows me that Government Members do not actually understand their own constitution and would probably find it very hard to write it down. Brexit has thrown the constitution of the United Kingdom into crisis. In 2014, during the Scottish independence referendum, which was a great deal more civilised affair than the EU referendum—[Interruption.] Well, nobody lost their life during the Scottish independence referendum.

--- Later in debate ---

[Mr Owen Paterson (North Shropshire) (Con)]

It is a great pleasure to follow my near neighbour from Wrexham, though sadly in the time available I will not pick up his points.

I would like to pick up on the early intervention by the hon. Member for Bridgend (Mrs Moon), who mentioned an horrific attack this afternoon using the word “fascist”. I must sadly remind her that there is balance on both sides. I am a member of the European Research Group.

[Mrs Moon]

The word “fascist” was not my word. It was the word shouted by the demonstrator attempting to break the windows of an hon. Member’s constituency office with her staff behind the windows.

[Mr Paterson]

Totally understood. The hon. Lady reported this horrendous and completely unacceptable incident. I was making the point that we should all watch our language, but sadly one of her colleagues compared the ERG to Nazis. If you google “ERG fascists”, you get 227,000 results, and if you google “ERG extremists”, you get 176,000. We in the ERG would like a system of government where Members are elected to this House, from which a Government is formed. If that Government perform satisfactorily, tax sensibly and spend money sensibly, they are re-elected. If they do not perform well, they are removed by voting. That is a pretty basic summary of representative democracy.

The problem now in this country is the huge collision with the juggernaut of direct democracy. I think we have had 11 referendums in recent decades, and they have all pretty well gone along with what the establishment wanted. The political and commercial establishment were happy with the results—on Scotland, Northern Ireland, Wales, and probably the alternative vote referendum, too.

Then we have this current problem. In 2015, David Cameron promised, “If you vote Conservative, we will give you a one-off in/out referendum. We the MPs will give you the people the right to decide whether we stay in or leave the EU.” Possibly to his surprise, he won the election, and then promised to deliver. The right hon. Member for Runnymede and Weybridge (Mr Hammond) took the referendum Bill through the House in 2015. In his winding-up speech, he gave a pretty good summary. He said:

“But whether we favour Britain being in or out, we surely should all be able to agree on the simple principle that the decision about our membership should be taken by the British people, not by Whitehall bureaucrats, certainly not by Brussels Eurocrats; not even by Government Ministers or parliamentarians in this Chamber.”—[Official Report, 9 June 2015; Vol. 596, c. 1056.]

The Bill got 544 votes on Second Reading.

We then had the referendum itself. People were bombarded with a Government document costing £9 million. It was made very clear that this was a one-off and that the people would decide—that it was not an advisory referendum, but was giving a clear steer to Parliament and that parliamentarians would have to honour it. That was the understanding: whatever the decision, parliamentarians would deliver.

We then had the biggest vote in British history—17.4 million on a single issue against 16.1 million to remain. The conundrum is this. In the ensuing general election, in which, in fairness to my right hon. Friend the Member for Maidenhead (Mrs May) who is not in her seat at the moment, she got the second largest number of votes ever—13.6 million—in a general election, her manifesto was very simple. The Conservative party was elected on a manifesto that we would honour the referendum, leave the single market, leave the customs union and leave the remit of the European Court of Justice. Although woollier, there was pretty clear language in the Labour party manifesto that it would honour the referendum result. According to one assessment, what we have against that in this Parliament, which is a remain Parliament, is 485 Members supporting remain and only 162 supporting leave. We may never ever have a referendum again, but I put it to you, Madam Deputy Speaker, that this has to be delivered. The people were told very clearly, “You vote Conservative in that original general election; we will give you the chance.” They were told during the referendum campaign, “You vote to leave; it will be delivered.” They were told by the two main parties that they would honour the result, but here we are, three years on, and this has not been delivered.

There are Members chuntering about no deal, but this is all a bit of a shibboleth. We are talking about leaving a customs union to which 8% of our businesses send goods. Our sales of goods to this organisation represent 8.2% of GDP and our sales of services 5.5%. This will not bring the roof down.

[Jack Lopresti (Filton and Bradley Stoke) (Con)]

I thank my right hon. Friend for giving way. Does he share with me the frustration and anger that I hear every day in my constituency? People say to me, “You asked for our opinion. We gave you our opinion. Why have you not left yet and what are you still talking about?”

[Mr Paterson]

I entirely endorse what my hon. Friend says. People come up to me the whole time. The words that I get so frequently are, “Just get on with it.” Let us take up an earlier intervention. We are talking about normalisation. Our sales of goods and services are a bit over 13%. It is inconceivable that, even if we did have no deal—do not forget that on page 36 of our manifesto, we said that, “No deal is better than a bad deal”—we have agreements on aviation, we have heard from Calais and we have heard from Dover. All this stuff about no deal is a shield, and it is a shield for Members who do not want us to leave. My proposition is that if we do not deliver on the referendum, that will be far more damaging to this country. The damage to the integrity of all our institutions will be absolutely shattering, compared with just a little bit of interruption, which can be sorted out at our borders and which all those bodies who run the borders say do not represent a problem.

We may never ever have another referendum. We may go back to what my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) describes—he dismisses this as an opinion poll. He is a strong believer in parliamentary democracy. I am as well, but we gave people the choice. We cannot put that back in the bottle. I appeal to all Members, particularly those on the Opposition Benches, to recognise that we have only a few short weeks in which to deliver what the people voted for, and they really must consider the extraordinary anger that could result. British people are very patient, but as my hon. Friend has just said, they are getting really angry. They have been thwarted and they know perfectly well that the establishment has thwarted them. The establishment was very happy with the results of those previous 11 referendums. For the first time, the vote went against them. What we have to do now is to deliver so that we can remove that anger and leave the European Union on 31 October.