United Kingdom Parliamentary Sovereignty Bill

Peter Bone Excerpts

Friday 18th March 2011 Commons Chamber

[Mr Cash]

The use of the sovereignty of Parliament to pass an Act notwithstanding the European Communities Act 1972, which is inherent in the Bill. The Minister might recall that in opening my remarks, I specifically stated that I had a clause in mind that would put it beyond any doubt that the courts would be obliged to give effect to, for example, what the then Opposition properly did when they voted for my amendment to the Legislative and Regulatory Reform Bill.

We should not be arguing about this. I find it astonishing that I should have to raise the matter in a debate. For a Minister to question whether my remarks are valid in one respect or another is again astonishing. I cannot believe it: I know the Minister’s business background; I know he understands the issues; I know perfectly well that he is caught on the horns of a dilemma. I believe that he would personally love to see the repatriation of powers—and I am sure his constituents would, as well. I am afraid, however, that it will do no good if he offers resistance to my simple, straightforward and common-sense proposals. This involves making adjustments to European Community law and requiring the judiciary to give effect to the latest inconsistent Act. I should not have to repeat myself; it is terribly obvious. It is all so simple that I cannot believe that the Minister would want to offer any kind of resistance to the proposition.

Let me provide a few examples—some from the business environment, some from elsewhere—from the massive tsunami of European law. I have already mentioned the working time directive, which is coming up for consideration by the European Scrutiny Committee. We recommended that proposals relating to it should be debated in the House, so we do not need to debate it immediately. I will say unequivocally, however, that the working time directive is causing a great deal of damage to small businesses. There are also questions in the pipeline relating to waste electrical and electronic equipment, which is a matter of concern to a number of manufacturers and to people in the waste disposal business.

[Mr Bone]

My hon. Friend is generous in giving way. Does he agree that one problem now is that we have lost so much time for debate as a result of the important statement on Libya? I, for one, will withdraw from speaking so that we can reach a conclusion and vote on the Bill. I know that other hon. Members want to speak, so I wonder whether my hon. Friend would reflect on that?

[Mr Cash]

Very much so. I am delighted to say that I have come to the end of my remarks, which were to include a reference to the European arrest warrant and powers of entry, as both those matters are causing problems for the citizens and people of this country. Fair Trials International has written an excellent brief on the necessary amendments, but as it knows all too well, only by using the sort of mechanism I have proposed—the “notwithstanding” formula—would we be able to deal with the problem. Further difficulties relate to rulings on pensions, the insurance question for women and so forth.

In a nutshell, this is a problem crying out for a solution. This Bill will provide it. Other measures are necessary to ensure that we retain the sovereignty of this House while at the same time dealing with the difficulties arising for the people of this country in a wide area of business and other legislation.

[Henry Smith (Crawley) (Con)]

I am grateful for the opportunity to take part in such a fundamental debate. My comments will be brief, partly because although the matter is so fundamental it is also relatively straightforward.

As I said in my intervention on my hon. Friend the Member for Stone (Mr Cash), this country has an evolving constitution, as even a cursory look at the history books will show. Over the best part of the last millennium, the most significant action was perhaps the 1215 Magna Carta, the seed of many of our liberties and freedoms, as mentioned in other great documents such as the US constitution. We have also had two Acts of Union, the 1689 Bill of Rights referred to by my hon. Friend, and the Parliament Act of exactly a century ago, as amended in the late 1940s. Of course, we have also had the European Communities Act 1972, which was confirmed by a referendum in 1975. Most people who did not study the treaty of Rome to any great degree thought that that was a referendum on free markets and, as it was referred to at the time, a common market. Those who did study the treaty of Rome would have realised the inexorable trend in greater political union that was about to start.

The European Communities Act was passed when I was just three years old, and of course I was still very young when the referendum took place. In the intervening four decades, the British people have not had a chance to express their views on the development of the European Union, which has grown hugely both in terms of member countries and competences. During the same period, this Parliament has on many occasions also failed to reassert its authority as an independent sovereign Parliament. I am sure in my view as a Member that this Parliament is sovereign in this country, but I fear that the elapsing of time and seeping of power and authority from this place to supranational organisations such as the European Union, the European Parliament, the European Commission, the European Court of Justice and other European institutions formed prior to 1972, such as the European Court of Human Rights, has led to serious questions about whether Parliament, and in particular the House of Commons, is sovereign in the governance of the United Kingdom.

Although I, my hon. Friend and many other hon. Members, if not all, are sure of that sovereignty, increasingly there are attempts to challenge and qualify it by courts within the United Kingdom, as judges seek to legislate from the bench, and by courts outside this country. A reaffirmation of this place’s sovereignty is therefore timely, because we do not have a written constitution, or at least not one that is written down in any one place.

Let us contrast that with other member nations of the European Union. The Federal Republic of Germany has its constitutional court, which is quite sure in its constitutional position that it is supreme when it comes to matters that affect that country. The debate about whether we write our constitution in one place is for another day, but nevertheless the time has now come, because of uncertainty and of challenges within and without this country, to reaffirm that sovereignty.

I know that the arguments against such a position are that, if we start to enshrine “sovereignty” in law, we will just open up the debate to lawyers and judges to define exactly what we mean by it. I also understand the argument that “sovereignty”, on the few occasions it is mentioned in legislation, often refers to territorial limits rather than to any legal definition, but the Bill’s wording is quite clear that sovereignty refers to the competence of this Parliament—of the legislation that we enact. That defines the sovereignty that we should reassert, and it therefore closes down the argument that the Bill would somehow do the opposite and open up the debate about the future of sovereignty.

Ideally, I would like to see a referendum on our future membership of the European Union, but, given the remarks that the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper), made a few moments ago, I suspect that, because of the realities of the coalition Government, we will not see such a referendum in the lifetime of this Parliament.

[Mr Bone]

My hon. Friend could be more sanguine on the matter, because our coalition partners are desperate to have that vote. It was in their manifesto, so we just have to persuade our hon. Friend the Minister that it is necessary; we do not have to persuade our coalition partners.

[Henry Smith]

I am grateful for that clarification of the Liberal Democrat manifesto. Clearly, 12 months ago I should have read it with a little more care, but I was busy trying to promote my candidacy in what is now my constituency. I still suspect that, although the proposal might have appeared in the Liberal Democrats’ manifesto, they are less willing for it to be part of any coalition agreement.

I therefore maintain that we are unlikely—if my political antennae are correct—to have a referendum, and that is even more reason why we in this Parliament now need to reaffirm and reassert, through an Act, that this Parliament is sovereign. The electorate will not have a chance to have their say, certainly during this Parliament.

Ultimately, this is one of the most important debates that we can have in this place, because I am sent here to represent the interests of not only my constituents but my country, and I seek and am very proud to do those two things. I am deeply conscious, however, of the fact that my ability and that of right hon. and hon. Members to do so is frustrated by the constraints and—I will put it as strongly as this—the checks that are placed on this Parliament in enacting the legislation that we want to see.

We have heard a number of examples, whether they be the European Court of Human Rights on prisoner voting or, as my hon. Friend the Member for Christchurch (Mr Chope) said earlier, our insurance industry’s inability to provide the products that the vast majority of people would consider perfectly rational. Those are just two recent examples, so I am very pleased to support the Bill and, as a new Member, very grateful to my hon. Friend the Member for Christchurch for introducing it today.

[Priti Patel (Witham) (Con)]

I congratulate my hon. Friend the Member for Christchurch (Mr Chope) on securing this important debate on issues about which many of us who are present today feel strongly. I agree with the powerful arguments that he advanced. The Bill is, of course, very similar to one of the same name that was presented some time ago by my hon. Friend the Member for Stone (Mr Cash).

I share the concerns that have been expressed this morning, because, like others who are in the Chamber today, I believe in the sovereignty and primacy of this Parliament. I believe that it is the mother of all Parliaments, and should be the ultimate institution of power and authority in our country. Throughout history, the laws passed by this Parliament have seen the country enjoy success and prosperity beyond that which could have been envisaged. It is testimony to the respect that people have for our Parliament that our democracy, institutions and laws have been exported across the world, not just to our former empire and colonies but, I believe, far beyond.

This Parliament has an enviable record of delivering positive change and success, which is why I believe that we should never allow it to become irrelevant or allow its authority and power to fall into decline. However, even as a new Member of Parliament, I have already seen that happening. Unfortunately, in recent decades we have seen a continual undermining of the authority of this Parliament by the body that is called Europe, without the consent of the British people.

My views on this matter are, I think, well known. The Bill returns us to many of the debates that we have had previously on, for instance, the European Union Bill and the Sovereignty of Parliament Bill. The issue is that our powers are being eroded, and that all too often decisions are made in secret and without the consultation or the consent of the British people whom those decisions ultimately affect. That causes tremendous concern to my constituents and to me. I believe that, in an era of openness, transparency and fairness, they should know what is going on and should be entitled to a say on it.

There is a strong contrast between the approach that I have described and the domestic approach to constitutional matters when Parliament’s powers have been devolved. Across the United Kingdom, Parliament has devolved powers to other domestic institutions with the consent of the people, and has established a new constitutional settlement in an open, transparent and democratic way. Devolution from Westminster to Scotland, Wales and Northern Ireland has taken place by means of carefully considered legislation and referendums. We have seen that process in action with the Scotland Bill and the referendum that was conducted in Wales earlier this month.

Whether or not we agree with those decisions on devolution, they have been made in a transparent and open way and they carry democratic legitimacy, which is important. Unfortunately, very little of the transfer of powers from the United Kingdom to Europe and the pillaging of those powers has ever been carried out in such a transparent, accountable and democratic fashion, and the Bill rightly seeks to redress that.

I welcome this initiative because, like all Conservative Members of Parliament, I stood for election on a solid manifesto pledge to

“introduce a United Kingdom Sovereignty Bill to make it clear that ultimate authority stays in this country, in our Parliament.”

I welcomed the safeguards in the European Union Bill, which would, through a referendum, give Parliament and the British public greater control over transfers of power to Europe. The EU Bill is a step in the right direction, but, as has been said before in the House, the true test will come when it is challenged. As we heard earlier this morning, it has been reported that a Liberal Democrat Member of the European Parliament has proposed changes to bypass the referendum lock and what he has apparently referred to as “the British problem”. In a letter to the President of the European Parliament, he shamelessly neglected the British interest by suggesting that future treaty changes be ratified with a four-fifths majority of member states, and observed that the effect of this Bill

“will be to severely delay and complicate all future treaty revision”.

I know the British people will be as astonished as I am that any parliamentarian would stoop so low as to describe any democratic process involving a sovereign Parliament and referendum as a problem, and seek to circumvent the layer of democratic accountability for laws that affect our country. Standing up for British interests and the sovereignty of this Parliament must come first, and those who think that that causes delay and complication have no respect for democracy.

Clause 1 adds additional safeguards to protect against those in Europe, such as Mr Duff, wishing to undermine our country. It makes it clear and unambiguous that Parliament is sovereign, and it provides a defence of the sovereignty of Parliament, complementing that in the European Union Bill. That is important because what irritates my constituents—and, it seems, the majority of the British public—is when laws from Europe are foisted on us and we as a country can do very little about it.

That brings me on to the whole area of the repatriation of powers. While we cannot reverse Labour’s betrayal over the referendum on the Lisbon treaty, we can enforce more vigorous safeguards for parliamentary sovereignty. There are two areas in particular where I think the Bill offers an opportunity to strengthen our democracy and restore power and authority to Parliament. First, by reaffirming the sovereignty of Parliament, the Bill gives rise to the possibility that Britain might be able to repatriate powers from Europe. Secondly, the Bill gives us an opportunity to deal with problems from Europe in respect of the Council of Europe, the European Court of Human Rights and their associated Strasbourg-based institutions. I have no doubt that those Members who are present could speak for hours about the powers we would like to have repatriated, and about those institutions and their detrimental impact on our laws, our legislation and our country.

On the repatriation of powers, I believe it is absolutely essential that Parliament can clearly and decisively legislate to disapply EU laws imposed on this country where they are not in the national interest. Over the next few years, British taxpayers will be handing over to the EU £50 billion more than they get back, and we face additional costs of over £20 billion stemming from the more than 80 EU directives currently pending transposition into UK law. Therefore, from a financial perspective alone, we simply cannot afford to go on like this, let alone in the areas where the EU is now exercising far too many controls over our lives, such as financial institutions and immigration policies.

[Mr Bone]

My hon. Friend is, as always, making a powerful speech. Is it not strange that under the last five years of the Labour Administration, £19.8 billion net was given to the EU, but under this coalition Government the amount for the next five years will go up to £41 billion? Who would have believed that?

[Priti Patel]

I find that alarming, and I do not think it is financially sustainable. It returns us to the point about accountability and transparency. Hard-pressed taxpayers in our country want to know where this money is going, and how it is going to be spent.

While I would like a proactive strategy to be adopted to secure, with European agreement, the return of powers to Britain and money to British taxpayers, it is important that we have a clear legislative framework in place to ensure that we can act in this way and put Britain’s interests first. I am eager that, as result of this Bill, we should have the chance to repatriate powers, because my constituents are fed up with the unelected, unaccountable and undemocratic bureaucrats in Brussels thinking they know best and imposing laws on our country. That is simply wrong. Frankly, the way Europe acts, and the increasingly integrationist and federalist agenda it pursues, only serves to give the impression that the EU does not trust us to make our own laws and has complete contempt and disregard for the British public.

Whatever the motives in Europe are for taking powers from Britain, we have been making laws in this country from this Parliament for many centuries. We can take great pride in the laws that this Parliament has passed and we must ensure that it can continue to make laws, without restriction, diktat or command from Europe. Reaffirming the sovereignty of Parliament gives me hope that, if needed, Parliament can legislate to repatriate powers without the courts ruling such measures incompatible with European law—of course we hear far too much of the term “European law” in this House. I look to this Bill, either in its current form or in an amended form, to facilitate that.

Time is short, but I wish to touch on a couple of other areas where the Bill can play an important role in securing British interests, the first is which is in respect of the Council of Europe and the European Court of Human Rights. We have seen how those bodies have sought to undermine and block the will of Parliament over prisoner votes. I look to clause 2(a), on Ministers of the Crown being unable to implement any legal instrument inconsistent with the Bill without approval from a referendum, as a starting point to safeguarding the will of Parliament. After all, with this Bill reaffirming the sovereignty of Parliament, Ministers would not be able to claim that they have to change our laws because Europe told us to do so.

This is not just about prisoner votes; it is about many areas, including finance, insurance policies—we know how they are going to change—and immigration policy. Intervention, diktats and changes in language are ever increasing and this is an alarming trend. The Council of Europe and the Human Rights Commissioner are critical of countries that wish to take a tough stand on immigration. It is of course in our national interest to secure our borders and make sure that we do not have illegal immigration, but we hear endless proclaimers attacking member states about the language used on immigration. We are attacked for the steps we take to patrol our borders and deter the entry of migrants who should not be coming into our country and are trying to do so for all the wrong reasons. I could go on about many of these points, but I will draw my remarks to a conclusion.

I look forward to hearing the Minister’s response to this debate but, more importantly and fundamentally, I seek assurances that the Government will act to ensure the protection of parliamentary sovereignty. I want to hear that the future British laws are going to be made by people in Britain and in the interests of British people.

--- Later in debate ---

[Mr Harper]

I believe that my hon. Friend is correct in saying that the explanatory notes have changed, so I am of course happy to agree on that fact. There are still matters of debate, but you will be pleased to know that I will not repeat those, Mr Deputy Speaker, because this is not a debate on the European Union Bill. I want to touch on issues other than the European Union because the Bill before us goes much wider, and there are other reasons why it should be opposed by Members.

[Mr Bone]

May I ask the Conservative Minister whether he stood on a manifesto at the last election that pledged that a United Kingdom parliamentary sovereignty Bill would be introduced if he was a member of the next Government? Has he changed his position?

[Mr Harper]

I dealt with that point when I intervened on my hon. Friend the Member for Stone (Mr Cash). Conservative Members stood on a manifesto that made a number of commitments. Indeed, he put it quite well in saying that we sought from the British people a mandate to do certain things. As I pointed out to my hon. Friends, much to our disappointment we did not get that mandate from the British people to the extent that we had hoped. We fell short, and that is why we formed a coalition Government. The coalition Government have set out our agreed programme. It contains quite a lot of what we wanted to do in our manifesto, and some of what the Liberal Democrats wanted to do in theirs, but we were not able to agree on all of it. The British people failed to give us that mandate so we are not able to do everything that we set out in our manifesto. That is disappointing—I find it disappointing and my hon. Friend the Member for Wellingborough (Mr Bone) finds it disappointing. However, we are democrats and we have to live with the decisions of the British people.

[Mr Bone]

Look, there are not very many people here. People have gone home and nobody is really listening. Why does the Minister not give his own personal view rather than the coalition view on whether the United Kingdom Parliamentary Sovereignty Bill would be a good thing?

[Mr Harper]

As my hon. Friend knows, I am here to set out clearly what the Government’s view is. I would never say, just because there may not be many Members present in the Chamber, that words spoken in this House are not heard far and wide. We should be very careful about what we say and should weigh our words carefully, particularly when speaking in a Chamber of a sovereign Parliament.

I hesitate to say this because I am sure that it will provoke my hon. Friend the Member for Stone, but I think it is worth saying that the Minister for Europe dealt with the issue of sovereignty in detail in relation to clause 18 of the European Union Bill in this House and in the European Scrutiny Committee. He said that the Government’s view was that an amendment that my hon. Friend the Member for Stone tabled, which was similar to what is in this Bill, would have invited exactly the sort of speculative consideration by judges that my hon. Friend feared. It is the Government’s view that the approach in this Bill would make things worse rather than better.

--- Later in debate ---

[Mr Bone]

The Parliamentary Secretary seems to be making specific points, which are more relevant to Committee. This is a Second Reading debate about the principle and we should not be discussing the detail. He should do that in Committee with us.

[Mr Harper]

I disagree. A disappointing aspect of the debate—I was disappointed even if no one else was—is that, in their comprehensive speeches, my hon. Friends the Members for Christchurch and for Stone spent much time on some issues, but little time on the actual Bill. I thought it was important to draw the House’s attention to the consequences of passing the measure and why the Government will oppose it if it is pressed to a Division.

The debate was helpful but the Government have concluded that, rather than strengthening and upholding parliamentary sovereignty, the Bill would undermine it for the reasons that I and others have set out. I therefore urge my hon. Friend the Member for Christchurch to withdraw it. If he does not and he tests the House’s opinion, I urge hon. Members to oppose it.