Safety of Rwanda (Asylum and Immigration) Bill

Debate between Roger Gale and William Cash

Consideration of Lords amendments
Monday 18th March 2024 Commons Chamber

[Sir William Cash]

On a point of order, Mr Deputy Speaker. I in no way wish to seem churlish, but the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) refused to accept an intervention from me on the grounds that I had talked for too long. She has just managed to exceed the length of my speech by five minutes—

[Mr Deputy Speaker (Sir Roger Gale)]

Order. I have to say to the hon. Gentleman that that is not even a nice try. I call Alexander Stafford.

Illegal Migration Bill

Debate between Roger Gale and William Cash

Report stage
Wednesday 26th April 2023 Commons Chamber

[Mr Deputy Speaker (Sir Roger Gale)]

Order. I am afraid that the hon. Lady is out of time. I call Sir William Cash.

[Sir William Cash]

Thank you, Mr Deputy Speaker. I wish to start by asking a big question: what is this Bill ultimately going to achieve? The European convention on human rights was introduced in the 1950s, and at that time I would have agreed with every word that has been said in respect of its application to the holocaust and to genuine refugees. However, what we have witnessed recently has been the phenomenon of this small boats problem, which does not just affect the UK. It also affects Italy, and Madam Meloni, whom I gather is coming over to see the Prime Minister tomorrow, is certainly going to have something to say about that. The problem is endemic and has to be dealt with.

Retained EU Law (Revocation and Reform) Bill

Debate between Roger Gale and William Cash

Report stage
Wednesday 18th January 2023 Commons Chamber

[Mr Deputy Speaker (Sir Roger Gale)]

Order. Take out your mental editing pens, ladies and gentlemen, because you are going to have to start cutting your speeches in a big way. We have heard two very lengthy opening statements and a number of lengthy interventions. There are some 30 Members still wishing to take part and the wind-up speeches will start at 5.30 pm. I am going to call the Chairman of the European Scrutiny Committee and the SNP Front-Bench spokesperson, upon both of whom I would urge brevity, after which I shall impose a six-minute time limit on speeches, which may drop further under Mr Evans later on. I call the Chairman of the Select Committee.

[Sir William Cash (Stone) (Con)]

Having endured the last 40 minutes, I am bound to say, as Chairman of the European Scrutiny Committee, that although I will be relatively brief there are important matters that need to be discussed. I will raise them and give the House the opportunity to reflect on what I have to say.

This Bill was passed by this House without amendment. There were no amendments on Second Reading or in the Public Bill Committee. I have been Chairman of the European Scrutiny Committee for many years, and I have been on this Committee since 1985. I draw the attention of the House to the European Scrutiny Committee report tagged to this debate, published on 21 July last year. As the Minister said, EU retained law was never intended to remain part of our domestic statute book. I am deeply grateful to the Government for today’s round robin letter to all Members and to my right hon. Friend the Member for North East Somerset (Mr Rees-Mogg) for his work on the genesis of this Bill.

We left the European Union with section 38 of the European Union (Withdrawal Agreement) Act 2020 guaranteeing UK sovereignty and democracy, and therefore UK democracy itself. It was the culmination of a process that began with my sovereignty amendment to the Single European Act in 1986, which, at that time, I was not even allowed to debate. In turn, that was followed by the Maastricht treaty and a whole series of treaties, enactments and debates on the Nice, Amsterdam and Lisbon treaties.

Incidentally, on the question of maternity pay—the only interesting thing mentioned by the hon. Member for Ellesmere Port and Neston (Justin Madders)—the UK actually has 52 weeks of maternity pay, while the EU has merely eight. On holiday pay, we have six weeks; the EU has four.

The views of the British people, as expressed ultimately in the 2016 referendum, repudiated the idea of our remaining in the EU by democratic vote, and the general election that endorsed that decision, under my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson) as Prime Minister, gave the present Conservative Government a large majority. The democracy that we enjoy is based on our unique and universally envied constitutional arrangements, whereby laws are passed in this House by a simple majority of MPs representing individual constituencies, who derive their authority exclusively from those who voted them into the House of Commons.

--- Later in debate ---

[Mr Deputy Speaker (Sir Roger Gale)]

I have already exercised that judgment. If I thought that the hon. Gentleman was out of order, I would have ruled him out of order.

[Sir William Cash]

Thank you, Mr Deputy Speaker. So much for that.

Our system has relied uniquely on a large bench of high-quality, independent judges, who address points that are brought before them when people or businesses apply to the courts for remedies for perceived damage or misconduct. Through our traditional decision-making process, which must be interpreted in accordance with what is precisely set out in our sovereign Parliament, the judges must develop what is generally regarded as a fair and equitable system of redress, and set standards of care and determine consequences of breach in matters of responsibility and duty.

We therefore have to strip away vast amounts of inherited EU law, which operates on the constitutional code-based model that is alien to our system, so that we once again have a single common law system in our country—provided, of course, that we have the right people doing it, such as the Brexit opportunities unit, and that the task can be performed smoothly. In addition, economic research shows that this step will considerably enhance the UK growth rate, not by lowering standards but by removing or replacing voluminous, poorly drafted, generalised, purposive EU texts.

If we miss this opportunity, we will have shirked the core and inevitable consequence of the democratic decision that was taken by the people of this country. We must make our own sovereign democratic laws on our own terms, although on occasion, we may well decide to complement laws made in the US, parts of the EU or parts of the Commonwealth. Exchange across different constitutional arrangements sometimes leads to improved ways of doing things and improved laws, which is a good thing.

Ultimately, however, the simple test is what this House decides as the democratic law-making system under which we are governed; what the judges determine in the best tradition of our constitutional arrangements, which have been built up over many centuries; and how they interpret those laws in line with what our sovereign Parliament has decided. The work of the Brexit opportunities unit and of my right hon. Friend the Member for North East Somerset, to whom I pay tribute, as well as the work of my Committee, is absolutely enormous.

The principle of the Bill was agreed on Second Reading and, as I said, in the Public Bill Committee. I pay tribute to the Prime Minister and the Government for listening to the strong advice that I and others have offered. The Bill not only is justified democratically but, as enacted, will continue to be so. The freedoms that it will provide, in creating new opportunities for legislation, competitiveness and innovation, are self-explanatory.

[Mr Deputy Speaker]

I call the SNP spokesperson.

European Union (Withdrawal Agreement) Bill

Debate between Roger Gale and William Cash

2nd reading & 2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons & Money resolution & Programme motion & Ways and Means resolution
Friday 20th December 2019 Commons Chamber

[Sir William Cash]

And by the former Minister as well. We were overridden by Europe. This Parliament was treated with contempt. The regulation was imposed despite the fact that we were completely against it.

The other important clause relates to parliamentary sovereignty. I am glad to note that the wording in that clause is identical in certain respects to that which I put forward in June 1986. Perhaps this long journey has been proved to be worthwhile.

I congratulate the Prime Minister on what he has achieved, and, above all else, I congratulate the voters of this country, particularly those in former Labour seats, for their decision. I was brought up in Sheffield and saw the destruction of the steel industry and the destruction of the coal industry. [Interruption.] No, it was done—[Interruption.] Look, I will not take any lessons from the hon. Member for Sheffield Central (Paul Blomfield). I voted against the closure of the coal pits. I was one of the very few people—[Interruption.] I am just telling you that it was the European coal and steel community that was at the root of the problem. As vice-chair of the coal communities all-party group, I can tell you that I worked with Labour Members of Parliament on these issues.

[Mr Deputy Speaker (Sir Roger Gale)]

Order. The hon. Gentleman is a very experienced parliamentarian. He knows that he should address the Chair, and not individual Members and, while I am on my feet, I say to him that I am looking at the clock as well.

[Sir William Cash]

I am grateful for that comment, Mr Deputy Speaker, because I agree with it. I will only say, with every fibre of my being, that the European Union has done no good to this country. We run a massive deficit with it and a surplus with the rest of the world. By this Bill, when enacted, we will regain the right to govern ourselves. It is about democracy and trust, which is something so precious that people fought and died for it.

[Mr Deputy Speaker]

It is now a pleasure to invite the hon. Member for North Down (Stephen Farry) to make his maiden speech.

European Union Referendum Bill

Debate between Roger Gale and William Cash

Tuesday 16th June 2015 Commons Chamber

[The Temporary Chair]

Amendment 11 comes later in the proceedings. Whether or not that is the subject of a Division will be a matter for whoever is in the Chair later in the day. My expectation is that there will be a Division, but that is a matter for the Chairman at the time.

[Sir William Cash]

My view about the clause is that we have managed to have a wide-ranging debate. In the interests of brevity, I do not think much needs to be said on the subject. We really ought to get on to other matters, including the question of European Union financing. I have no further comments to make on clause stand part.

[Sir Edward Leigh]

(Gainsborough) (Con) rose—

Data Retention and Investigatory Powers Bill

Debate between Roger Gale and William Cash

Tuesday 15th July 2014 Commons Chamber

[Sir William Cash]

The European law on which this legislation is ultimately based is a retention directive. We anticipate there will be replacement regulations, but it does not matter whether the original regulations or replacement regulations are involved. Ultimately, the authority on which this Bill is based, and on which the whole of this general issue is based, is European law and the charter of fundamental rights and principles of European law which apply. As the shadow Minister just said, it so happens we have voluntarily accepted the obligations imposed under section 2 of the European Communities Act 1972 in respect of compliance with a directive and any further directives that may or may not be made, and we have also voluntarily accepted that the United Kingdom will accept all judgments of the European Court under section 3 of that Act.

It so happens that we are providing in our own domestic legislation for certain safeguards, modifications and changes—based, it would appear, on the fact that we are now discussing a Bill of this Parliament—which interfere with, cross over, interweave with and—

[The Temporary Chair (Sir Roger Gale)]

Order. The hon. Gentleman knows me well enough to know that I know that we are discussing clause 1, not the Bill as a whole.

[Sir William Cash]

In respect of clause 1, we are also stating that a retention notice may relate to particular operators, and there is a whole set of subsections and paragraphs dealing with the basis on which a retention notice can be provided. It also goes on to say, in subsection (3), that the Secretary of State can

“by regulations make further provision about the retention of relevant communications data.”

Subsection (4) deals with certain provisions relating to

“requirements before giving a retention notice”,

and a code of practice and a range of other matters regarding

“the integrity, security or protection of, access to, or the disclosure or destruction of, data retained by virtue of this section”.

I entirely accept your point, of course, Sir Roger, that this is a debate on this clause, but this clause contains the essential powers that are being proposed under this piece of domestic legislation, and I am certain—this is not an assertion—that this has to be compliant with European law and it has to be compliant with the charter.

All I am saying is simply that there is an opportunity to make sure this law is effective—that clause 1 is effective. If Parliament wants clause 1 to be effective, it will want to be sure that it is bomb-proof against any challenges that may be made in respect of powers being conferred by clause 1, and in order to do that we have to get around the problem of the European Court, which has already issued an objection to the original proposals—the original regulations and the original retention directive on which the regulations are based, and, indeed, on which any subsequent regulations will be based, because I have not heard anyone yet say that the retention directive, which is the subject of clause 1, is going to be repealed by the European Union. There was some talk from the Home Secretary that she was looking at it, and there was talk about consultation, but I have not heard anybody suggest that the retention directive is going to be repealed in whole or in part. It may be that that will happen, but we are considering this Bill as it is now, and as we speak clause 1 is derived from European law and the charter of fundamental rights.

In a nutshell, this is what I am saying: section 2 of the 1972 Act requires the implementation of the requirements prescribed by the European directives and European law, and the Bill falls within the scope of European law, and the charter and the general principle of EU law will continue to apply. I will respond to the shadow Minister and the Minister in one simple statement, and it is this. If they want the legislation in clause 1 to be effective, it is imperative to make certain that arrangements are made in the primary legislation that the House is now discussing to ensure that sections 2 and 3 of the European Communities Act 1972 do not apply in this context, because that is the only way—by primary legislation—to ensure that the powers in clause 1 will not be vitiated by a further Court challenge in future. This is a fundamental question that pertains to the supremacy of Parliament. We want the legislation to pass—or many Members of the House do, judging by the majority that we have just witnessed—but if that is the case, why not insert the formula

“notwithstanding sections 2 and 3 of the European Communities Act 1972”

to ensure that clause 1 will survive? Otherwise, I fear that it is at risk.

The Home Secretary talked about wanting to remove the risk of uncertainty. All I would say is that what we are doing on the Floor of this House is compounding and creating the very uncertainty that she said she wanted to avoid. The uncertainty will come simply and solely because of the ideological obsession with not making provision in an Act—which otherwise would make it a good enactment—to include the words

“notwithstanding the European Communities Act 1972”,

and then legislating on our own terms. If we do not do that, this clause and all that follows from it will be at risk, and there will indeed be uncertainty arising from it.

If I may make this final point, Sir Roger. When the charter of fundamental rights was going through, I tabled an amendment to include the words “notwithstanding the European Communities Act 1972”. The charter applies to this clause, and as I said to the Prime Minister the other day—and it is understood—the only thing we can do is either to accept that the charter is applicable in the United Kingdom or to displace it. By including in the Bill the words “notwithstanding the European Communities Act 1972”, the charter will not apply. I tabled such an amendment to the Lisbon treaty legislation. That amendment was declined and the result is that we now have a series of European Court judgments saying that the charter does apply to the United Kingdom. If my amendment had been accepted—back in 2008, I think it was—we would not be having to face the fact that the charter is now applicable.

The charter arises in relation to this provision, and all I am asking is for the Minister and those on the Opposition Benches to listen and to act to ensure that we are not trumped by a challenge by the European Court, guided through the legislation and case law, to override legislation that is passed in this House of Parliament. It is very simple.