Motor Vehicles (Compulsory Insurance) Bill

Debate between Richard Holden and Anthony Browne

3rd reading
Friday 28th January 2022 Commons Chamber

[Anthony Browne]

My right hon. Friend is absolutely right. That ECJ judgment has incredibly wide-ranging implications across many different sectors. I picked on golf buggies, but it affects lawnmowers, agricultural vehicles and electric scooters, as we heard. It is incredibly wide ranging. It is baffling and extraordinary how a Slovenian farmer, Mr Vnuk, getting knocked off his ladder—poor guy; I hope he was not too badly injured and I hope he got compensation—can lead to a series of different judgments, amendments and so on that cost the British motor insurance industry £458 million or a £50 increase in premiums for British drivers, a total of £1 billion a year. It is difficult to explain to voters, even in remain constituencies like mine, what the justification is for that.

Before my right hon. Friend’s intervention, I mentioned subsidiarity as a principle enshrined in an EU treaty. There are various mechanisms in the EU to try to ensure subsidiarity. Parliamentary committees of national Parliaments are meant to have votes and give red flag warnings when EU legislation contravenes it. However, this was not EU legislation. It was a judgment from the European Court of Justice and, as case law has the effect of legislation, it was enshrined in UK law after we left the EU. That raises the question of the European Court of Justice.

I reported on the European Court of Justice. I have visited its buildings many times. I will give one little anecdote about a story I once tried to do. The British Government were appointing a judge to the ECJ. I thought that that was quite an important story. The British Government were involved and the ECJ had, when we were in the EU, a constitutional role in the UK. It could make laws that overrode the national Parliament and the national Government, and could change the lives of British citizens. The Vnuk ruling is a clear example of that. At the same time that I was suggesting to the editor of The Times that I write a story about the British Government’s appointing a judge to the European Court of Justice, there was some controversy over a judge on the United States Supreme Court, as hon. Members may recall—one of them had a nanny they should not have employed, or something. I said, “This is a far more important story. The British Government are involved. This court changes the lives of British citizens. It can overrule the British Government and the British Parliament.”

I wrote my story, and the next day the Supreme Court wrangling was front page of The Times, the main story, and my story about our appointing a judge to the European Court of Justice was a “News in Brief”, a tiny little thing. This is not a pro-remain or pro-Brexit argument, but even when we were members of the EU we had virtually no knowledge or understanding of the workings of the European Court of Justice or its important or significance.

When we were members of the EU, I used to play a little parlour game: “We have the right to appoint a British judge to the European Court of Justice. What is the name of our judge on the European Court of Justice?” I used to ask MPs and so on, and no one had any idea. I searched for his name in newspaper articles and this particular judge was never mentioned—I cannot actually remember his name now. I will save their blushes, but I asked the serving Europe Minister at the time, “What is the name of our judge on the European Court of Justice?” and he had no idea. I thought, “We really do have a problem as a country. We have no understanding or appreciation of the importance of the court, the way it works or the influence it has over our daily lives in this country.”

The Vnuk judgment is not only a clear example of the role of that court, overriding the objections of the British Government and of Parliament, but a clear breach of the principle of subsidiarity, which is enshrined in EU treaty law. There will probably be other examples of retained EU legislation; my hon. Friend the Member for Wellingborough suggested that there will be a whole series of such bits of legislation that we think are inappropriate for the UK. He suggested a new Government position: a Brexit Minister, someone who has had an interest in this issue for the whole time and is not currently serving as a member of the Government. I wonder who he could be thinking about?

Without repeating that suggestion, let me make another one. I keep coming across different bits of legislation in this place that we can only enact as a result of our having left the EU. This Bill is one example, but there are many others. It would be useful for the Government to compile a list across all the different Departments of all the little things we are doing as a result of leaving the EU, as well as the big things such as reforming the common agricultural policy and so on.

[Mr Richard Holden (North West Durham) (Con)]

One of the first things we did was to change the taxation on motorhomes, which is very important to my constituents because North West Durham is where we manufacture many of them. Under the EU regulations that came forward, gold-plated by our civil service, we would have seen a 700% tax increase, which we have been able to reverse since leaving the EU. I agree with my hon. Friend’s point, but does he think that we need to see all those practical examples laid out by the British Government to show the benefits of our having left the EU?