European Union (Withdrawal) Bill

Philip Davies Excerpts

Committee: 7th sitting: House of Commons
Wednesday 13th December 2017 Commons Chamber

[Philip Davies (Shipley) (Con)]

Does the hon. Gentleman not concede that there was a meaningful vote on 23 June 2016, when people voted to leave the European Union? The problem with the amendment tabled by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) is that it could be, and no doubt is designed to be, used to try to overturn and frustrate that meaningful vote. [Interruption.] My right hon. and learned Friend laughs, but it is a shame he does not have the courage of his convictions to admit that that is what his game is. If people in this House use that amendment for those purposes, the backlash from the British public will be like none seen before, and he should beware of that consequence.

[Chris Bryant]

Plenty of Members have plenty of courage about their convictions and have demonstrated it effectively in recent weeks. I do not think the hon. Gentleman should be deriding others because they have chosen to take a different direction. I am not sure whether he has been here for the whole debate—he might have missed a few minutes or indeed most of the hours. He is right that I am a remainer and I would prefer the country to remain in the EU—I admit that openly—but my constituents voted to leave and the country voted to leave, and we are going to leave. But we have to make sure we take the whole country with us, and we will not do that by a parliamentary process that gives far too much power to the Government and does not allow for proper scrutiny in this House.

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[Chris Bryant]

I agree. As I have said before, I also believe that there is a significant degree of agreement among all parties in this House, and probably in the House of Lords as well, about what the final agreement should look like. If the Government abandoned the strategy that they have so far adopted and decided to search for that consensus—“We’re going to try to get 650 MPs through the Division Lobby in favour of the final deal”—they would stand a better chance of getting the best deal for Parliament.

[Philip Davies]

Will the hon. Gentleman give way?

[Chris Bryant]

I am sorry, but I am not going to give way to the hon. Gentleman.

[Philip Davies]

rose—

[Chris Bryant]

No. The hon. Gentleman can point and hail as many cabs as he wants, but I am not going to give way to him again because others wish to speak.

All too often, the Government have urged us to accept clause 9 and the related measures on the basis of trust alone. As has already been said, it is just too difficult to see how we can put that trust in their hands. For a start, they have systematically ignored resolutions of the House over the past seven years; they have regularly refused to allow annulment debates on statutory instruments so that they could be meaningful—they have refused to do that even when they have guaranteed at the Dispatch Box that they were going to do so; and they have insisted on having majorities on all Committees. I fear that if we allow the Government to have excessive powers, they will tend to use every single one of those powers. The truth is that they seem to want a carte blanche.

I wish the Government welcomed the role of Parliament in this process, but I just do not detect that. The devil will be in the detail. The Government cannot just bamboozle the people with verbiage that has absolutely no meaning whatsoever: “Brexit means Brexit”, “a red, white and blue Brexit”, “nothing is agreed until everything is agreed”, and all the rest of it. It is a denigration of the English language, let alone anything else.

What we actually need is a Bill, with words in it that have legal effect, because, in the end, this is an existential matter for Parliament. Are we really a sovereign Parliament if we surrender our power to the Government? Not really. Are we really a representative democracy if MPs are denied a truly meaningful role in the process? Not really. Are we really a United Kingdom Parliament if we carry only 52% of the country with us? Not really.

European Union (Withdrawal) Bill

Philip Davies Excerpts

Committee: 8th sitting: House of Commons
Wednesday 20th December 2017 Commons Chamber

[Mr Rees-Mogg]

But not for the United Kingdom as a whole—no, not yet. I will wait for the SNP to put up a candidate in North East Somerset, and we will see how well that goes down.

[Philip Davies (Shipley) (Con)]

Would my hon. Friend concede that some of us are always in opposition whichever party is in government?

[Mr Rees-Mogg]

My hon. Friend puts the point beautifully. That is actually the historical and traditional job of Back-Bench Members of Parliament. We should be here to protect the interests of our constituents and the interests of the constitution, and to hold the Government—of whichever party—to account.

That is why I am in such agreement with my right hon. and learned Friend the Member for Beaconsfield about the undesirability of Henry VIII powers. However, I said I would diverge from him at some point. The point on which I diverge from him is the perhaps slightly academic one about where we have started from. I think it is inconsistent to say that Henry VIII powers exercised by the British Government, subject to the normal parliamentary procedures of this House and another place, are worrying, but that the Henry VIII powers used under the European Communities Act 1972 were not.

European Union (Withdrawal) Bill

Philip Davies Excerpts

Ping Pong: House of Commons
Wednesday 20th June 2018 Commons Chamber

Finally, the amendment by the other place could be used to undermine the result of the referendum. Lord Hailsham willingly admits he believes the decision of the British people in 2016 was, in his words, a “national calamity.” Lord Bilimoria spoke in similar terms previously when he described it as a no-Brexit amendment. This amendment is consistent with our belief: it sets out in law a clear path to follow for those who wish to frustrate the withdrawal from the EU.

[Philip Davies (Shipley) (Con)]

Will my right hon. Friend give way?

[Mr Davis]

In a moment.

Our amendment on the other hand is consistent with the notion that it is right for Parliament to express its view but not to instruct the Government on how to conduct themselves in an international negotiation.

[Mr Davis]

As I have said, it passes the three tests set out by myself and the Prime Minister.

I give way to my hon. Friend the Member for Shipley (Philip Davies).

[Philip Davies]

rose—

[Mr Speaker]

Order. Before we come to the intervention, there is a point of order; I hope it is not a point of frustration.

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[Mr Speaker]

The discretion that I have always had in such circumstances is the short answer to the hon. Gentleman. This matter may or may not be treated of further at a later point in our proceedings, but I do not want to detract from the time available for the debate.

I am grateful to the hon. Gentleman, and I think the Secretary of State had given way to his hon. Friend the Member for Shipley (Philip Davies).

[Philip Davies]

I am very grateful.

Will my right hon. Friend commend our hon. Friend the Member for Bracknell (Dr Lee), who on the radio today, with his characteristic openness, said that he hoped that, if the amendment of our right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) were passed today, the House would use that in order to suspend the triggering of article 50, which let the cat out of the bag as to what the motive is, which is to delay, frustrate or even stop entirely the UK leaving the European Union?

[Mr Davis]

As I have said throughout, it is for people to go with their consciences on this matter and I do not attack anybody for doing that.

May I pick up on the point of order raised with you, Mr Speaker? I would not want the House to think that in any way it had not been told about this. In my earlier speech, I outlined the issue of “Erskine May” on this matter and Standing Order 24B and your rights in this, and made it plain that that is what we are relying upon. So I would not want the House to be misled in any way, or to believe it has been misled.

The debates on this issue have been in the finest traditions of this House. Hon. Members have stood on issues of principle and argued their cases with the utmost integrity. That has shifted the Government’s approach to a position where our Parliament will rightly and unquestionably have its say and express its view. For in this, the greatest democracy of all, we debate, we argue, we make our cases with passion, but we do it to a purpose and that is to deliver for our people, not just to please ourselves. They decided that we will leave the European Union and, whatever the EU thinks about that, we will do it, and we will do it in the best way we can. And in that spirit I commend this motion to the House.

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[Mr Speaker]

With immediate effect, a four-minute limit on Back-Benches speeches will apply.

[Philip Davies]

First, let me say that I very much agree with my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) about the nature of political debate in this country. He is absolutely right to point that out and I agree with him wholeheartedly.

The second point I wish to make is that many people in this House seem to forget that there have been two meaningful votes. The first was when this House decided to give a referendum to the British people. The second was the referendum itself, in which the people voted to leave the EU. They were meaningful votes.

[Angus Brendan MacNeil]

rose—

[Philip Davies]

I am not going to give way, because time is limited. Since then, some people who did not like the result of that referendum and perhaps did not even expect it have had a new-found enthusiasm for the rights of this Parliament to decide all sorts of things. They were quite happy for all of these powers to be given over to the EU willy-nilly, but they now have this new-found enthusiasm that this House should decide everything.

[Sir William Cash (Stone) (Con)]

rose—

[Philip Davies]

I am not going to give way. As I was saying, if only that had been the case before. I excuse from this my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), because he did not vote to have a referendum and so there is absolutely no reason why he should feel in any way bound by its result. I perfectly respect that; his position has been entirely consistent. What I have no time for—

[Mr Kenneth Clarke]

To make it clear, this totally irrelevant argument that we are trying to reverse the referendum is as irrelevant to me as it is to any other of my right hon. and hon. Friends. This House voted, by an enormous majority, to invoke article 50. We are now trying to debate, and have parliamentary influence over, what we are going to do when we have left and what the form of our new arrangements with Europe and the rest of the world will be. So will my hon. Friend stop, yet again, introducing—this is not just him, but he is the ultimate Member to do it—this totally irrelevant argument and try to say what is wrong with the process set out in the Lords amendment? What is the excessive power that it apparently gives this House to have a say when the negotiations are finished?

[Philip Davies]

I am afraid that the public are not fooled by the motives of people who clearly want to delay, frustrate or overturn the result of the referendum. It is a shame some of them cannot admit it. The shadow Secretary of State said that people had said over a long period of time that if we did this or that, Brexit will be frustrated. May I just suggest to him that he gets out of London, because people around the country feel that Brexit is being frustrated? It is already being frustrated a great deal by this House. So he has this idea that Brexit has not been frustrated, but he needs to get—

[Mr Edward Vaizey (Wantage) (Con)]

How?

[Philip Davies]

My right hon. Friend, who has taken a vow of independence since he lost his job as a Minister—he had never shown this before—asks how. I would invite him to get out—[Interruption.] He is welcome to come up to Yorkshire—

[Mr Vaizey]

I go there frequently.

[Philip Davies]

He should speak to people then. I am perfectly content for this House to vote on whether it wants to accept the deal negotiated by the Government that they come back with. It is absolutely right that this House votes on whether or not to accept that deal, and the Government should accept the vote of this House. What it cannot do, having decided to give the people a vote in a referendum, is find some strange parliamentary mechanism in order to frustrate and overturn the result—

[Mr Grieve]

Will my hon. Friend give way?

[Philip Davies]

My right hon. and learned Friend did not give way, and I am not going to give way either because time is limited. Parliament cannot vote to reverse the decision of the referendum. People outside this House need to know very clearly today that—

[Anna Soubry (Broxtowe) (Con)]

Will my hon. Friend give way?

[Philip Davies]

I am not going to give way, as there is no time. I want people outside this House to know that those who are voting for this “meaningful vote” today mean that if the Government decide that no deal is better than a bad deal—[Interruption.] Does it not show how out of touch this place is that “no deal is better than a bad deal” is even a contentious statement? It is a statement of the blindingly obvious, but amazingly some people find contentious.

[Several hon. Members rose—]

[Philip Davies]

I am not giving way, because I want to let other people have time to speak. Members should bear that in mind. I have given way to the Father of the House. [Interruption.] I appreciate that my right hon. Friend the Member for Broxtowe (Anna Soubry) does not like hearing arguments with which she disagrees, but I am going to plough on regardless, despite her chuntering from a sedentary position. The fact that no deal is better than a bad deal is blindingly obvious to anyone with even a modicum of common sense. People in this House are being invited to accept that if the Government decide that no deal is better than a bad deal, this House should somehow be able to say to them, “You’ve got to continue being a member of the European Union while you go back and renegotiate this and renegotiate that.” I cannot stand aside and allow that to happen, and I do not think the British people will thank anybody in this House who votes that way. Let nobody be in any doubt: the constituents of anybody who votes for this meaningful vote today should know that they are voting to try to keep us in the European Union, against their will.

[Hilary Benn]

May I say to the hon. Member for Shipley (Philip Davies) that the argument he has just advanced is not true? I believe a very small number of Members of the House would cheerfully jump over the edge of a no-deal cliff, which is why we are having this argument this afternoon.

The right hon. and learned Member for Beaconsfield (Mr Grieve), for whom I have enormous respect, is right when he says that this is a very fraught, difficult and tense debate, where passions are running high. Given that the referendum split the country right down the middle, that is not entirely surprising. I gently say to him that, given the experience he went through last week, when he thought he had an assurance and then discovered that he did not, if I were him, I would be very, very cautious about accepting further assurances. However, I respect the decision that he makes.

I would be cautious for the reason I put my question to the Secretary of State, who is no longer in his place. I listened carefully to what he said and I heard no explanation, no justification and no argument for why the Government are prepared for the House to debate an amendable motion to approve the withdrawal agreement—that is what he indicated when he came before the Select Committee—yet, when it comes to deciding what takes place in the event that the nation is facing the prospect of no deal, they are insisting on having a motion in “neutral terms”. That may or may not allow the Speaker to come to the rescue of the House by allowing the motion to be declared amendable. However, as I read Standing Order 24B, as long as the Government do their job in drafting the motion, the Speaker will have no choice but to declare it a motion in “neutral terms” and it will therefore not be amendable.

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[Antoinette Sandbach (Eddisbury) (Con)]

I am grateful, again, to the other place for sending us the amendment. I have been concerned about this issue since the referendum, and have been open in my views about the need for a meaningful vote and parliamentary sovereignty. This is about our country’s future and ensuring that we enhance, not reduce, our democracy. When I was re-elected last year, my constituents were under no illusions about how important I thought a meaningful vote was, as I had already made my concerns public and, indeed, voted for such a vote during the article 50 process.

Views may differ regarding the desirability of no deal. In my view, it would be utterly catastrophic for my constituents and the industries in which they work, but surely all sides should welcome the certainty that the amendment would bring to the process. We are often accused of wanting to tie the Government’s hands, but nothing could be further from the truth. How can the amendment tie the Government’s hands during negotiations when it concerns the steps that should be taken when negotiations have broken down? In other words, it concentrates on events after the negotiations.

[Philip Davies]

rose—

[Antoinette Sandbach]

I will not give way.

I support the Government’s negotiation and strongly believe that the Prime Minister will succeed in her negotiation. However, it would be irresponsible not to have a process in place for what will happen should negotiations collapse. What is more, the amendment would ensure that, when the Prime Minister sits down to negotiate, our European partners know that she does so with the full backing of Parliament. Far from binding the Prime Minister, it would strengthen her hand. I encourage all my colleagues to recognise that the amendment would empower both Parliament and our negotiators. It lays out a contingency should disaster strike, and it delivers on the commitment to take back control to Parliament.