European Union (Withdrawal) (No. 6) Bill

William Cash Excerpts

2nd reading: House of Commons
Wednesday 4th September 2019 Commons Chamber

[Hilary Benn]

I have not had a chance to read the final version, and it will be tabled with the Clerks during this Second Reading debate, but I am aware of the intention of the amendment and I completely understand what my hon. Friends are trying to achieve. We cannot continue to delay taking a decision, and I shall come back to that point later in my speech. I will, of course, also listen to the debate that follows in Committee. I would just say that the Bill is deliberately open as to the purpose of the extension; it provides a framework for reporting and debate. As I have just pointed out, it is supported by right hon. and hon. Members who have already voted for a deal and would vote for one again. It is important that we focus on the principal purpose, which is to prevent a no-deal Brexit, and keep the coalition that shares that view together. I will have more to say about that—

[Sir William Cash (Stone) (Con)]

Does the right hon. Gentleman believe that, irrespective of the speed with which all this is being done, a matter of such importance should really be dealt with in the context of a general election?

[Hilary Benn]

There may well be a general election at some point, but this legislation needs to be passed. It needs to go through the other place and receive Royal Assent, and it needs to be given effect. In other words, we must secure that extension to article 50, otherwise there is a risk that the election would result in our leaving without a deal, which, as it may turn out at 7 o’clock tonight, is not what the House of Commons wants. We should respect the view of the House of Commons.

--- Later in debate ---

[Alistair Burt]

Absolutely. In my conclusion, I shall talk a bit about that and how we have got to reset, but the hon. Lady makes a good point.

Secondly, why do we want to avoid no deal? I will not repeat all the things that the right hon. Member for Leeds Central said, which are obvious; the economics are clear. For me, there are three reasons. The first is the threat to the Union. I am a Scot, my mother and father are from Scotland. I am a proud Scot. I am also British through and through. I could not believe a recent poll of Conservative members that said they would abandon almost anything, including the Union, providing they left the EU. I regard that as a terrible threat. We should not risk it.

My second reason is Ireland, which is treated by some here as some sort of irrelevance and a place that has made up the border issue to prevent us from leaving the EU. With our history in relation to Ireland and everything that happened there, it became our best friend in the European Union. Our choice to leave—our Brexit—has put Ireland in the most catastrophic situation of any country, and we now expect it to accept another English demand that it should do something. Have we no understanding of what that relationship means and the damage done?

My third reason for wanting to avoid no deal is the damage to Europe and the relationship with Europe itself. I grew up as part of the first generation to avoid war in Europe for countless hundreds of years. I arrived in the House of Commons when there were giants here such as Denis Healey, Willie Whitelaw and Ted Heath—people for whom Europe was the place where they and their friends had fought and died—and they wanted something different. That has always motivated me in my sense of Europe. Whether we are in the European Union or not, that relationship with Europe is clouded by the sort of language that the hon. Member for Wallasey (Ms Eagle) mentioned. I do not want to see that relationship threatened by a no deal.

[Sir William Cash]

Will he take a second intervention?

[Alistair Burt]

I have listened to the hon. Gentleman involuntarily for most of the years that I have been here—most, not all, because I went to campaign for him in his by-election of 1984. I have no wish to hear from him voluntarily. [Laughter.] Let me go on.

Thirdly, let me end where I began, as the Independent Member for North East Bedfordshire. I do not complain at the removal of the Whip—voting on an issue of confidence, I accept the rules—but I say to my colleagues: just think how this looks. Last week, the Conservative party lost Ruth Davidson, and George Young in the House of Lords resigned the Whip. This morning, we lost my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) and my right hon. Friend the Member for Runnymede and Weybridge (Mr Hammond) —who made the economy we were cheering just a few minutes ago. What are people going to think about what we have left and what we have lost? Some will have been very happy at the fact that some have been purged—purged. A few weeks ago, one of our colleagues retweeted an article in The Daily Telegraph that looked forward to the purging of remoaners in the Conservative party. That was disgraceful. I say to my colleagues, if we are being purged now, who is next? Watch a film called “Good Night, and Good Luck”, and you will take my point.

This may be the last substantive speech I make here as I am not standing again—and who knows when the election will come? I will leave with the best of memories of this place, friends and colleagues on all sides. The obsession that my party has developed may have sought to devalue my past as a friend of the EU, of our sister centre-right parties, and of many friends, and it may have curtailed my future, but it will not rob me of what I believe. I will walk out of here looking up at the sky, not down at my shoes. [Applause.]

--- Later in debate ---

[Sir William Cash (Stone) (Con)]

I want to refer briefly to the remarks of the right hon. Member for North East Bedfordshire (Alistair Burt). I simply want to explain very simply that I was going to intervene because he referred to the sacrifice that people had made in the last war and I want to put it on record that my father was killed in the last war, and I think I understand not only the issues involved in that, but also the fact that he fought for freedom, and I believe that that is our heritage, and that is what we should fight for—not to be governed by other people. I just leave that on the record.

I happen also to very much agree with my right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright) on what is an extremely rare occasion when somebody has actually explained, as I have a number of times, that there is nothing in this arrangement that has been foisted upon us that would prevent us from leaving without a deal. We can do so if we wish to do so, and there is nothing in the referendum Act, or any question in the Act, which constrains us from that course of action.

Fundamentally, I simply want to make the following point. I would not call this the European Union (Withdrawal) Bill; I would call it the European Union (Subservience) Bill. We have only to look at the words in the Bill, and in the very short time that I have available I will simply refer to a few of its phrases. Clause 1 says:

“The Prime Minister must seek to obtain from the European Council an extension of the period”.

Clause 3 states:

“If the European Council decides to agree an extension…the Prime Minister must, immediately after such a decision is made, notify the President of the European Council that the United Kingdom agrees to the proposed extension”

and so on.

Clause 4 says, in relation to the withdrawal Act of 2018 that, where regulations are to be made, for the definition of exit day

“for ‘may’ substitute ‘must’.”

This is a disgraceful reversal of our constitutional arrangements. We operate in a free Parliament where we have elections that are taken periodically—every five years as a normal rule—and we make our decisions. We have a system of parliamentary Government, not government by Parliament; that is a fundamental constitutional principle. This Bill offends that principle, and that is why I am deeply opposed to its proposals.

European Union (Withdrawal) (No. 6) Bill

William Cash Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons
Wednesday 4th September 2019 Commons Chamber

[The Chairman of Ways and Means (Sir Lindsay Hoyle)]

Order. To help the situation for Members, nothing has been selected for votes as yet, so let’s hope that people will be happy.

[Sir William Cash (Stone) (Con)]

The question I raise in this series of amendments relates in particular, as I said in my brief speech just now, to the extent to which the United Kingdom is put under a duty—an obligation —to be subservient to the European Union. I find this Bill deeply offensive for that reason alone, and, as I said earlier, our whole parliamentary constitutional arrangement is based on the fact that we make decisions in general elections by the free will of the British people in a secret ballot. When those decisions are taken and the results come out in the respective constituencies and a majority or otherwise is arrived at to decide upon the composition of this House of Commons, that is a free Parliament based on a secret ballot and on the free choice of the British people.

I believe that we are heading for a general election, and I think that that will sort out a lot of the problems we are currently experiencing with this Bill and, indeed, in relation to the whole question of satisfying the decision taken by the British people in the referendum, and indeed by this House on frequent occasions with the referendum Act itself by six to one, the notification of withdrawal Act by 499 to 120, and then again the European Union (Withdrawal) Act 2018. Every single Conservative MP voted for that Act, which clearly stated that we would leave the European Union and repeal the European Communities Act 1972 on exit day, which is 31 October. That is categorically the law of the land, so the whole concept of our democracy, which is somehow or other being subverted by this Bill, is actually already in place; this has been decided and I see absolutely no justification whatsoever for seeking to reverse it. I also see no justification for reversing the votes that my hon. Friends have themselves already cast over and over again in favour of not only the referendum Act—it was also in the manifesto—but the notification of withdrawal Act, and the withdrawal Act itself?

So I can see no justification for the majority in this House, because although this measure scraped through by 29 votes, we know where the votes came from. There is no doubt about it; they came from former Conservative Members of Parliament, and some who are unfortunately —I think by their own choice—in a position where they have had the Whip taken away from them.

I regret that; I saw it happen on a previous occasion with the Maastricht treaty, although it did not happen to me personally, but I can only say that if you live by the sword, you die by the sword.

[Sir Oliver Letwin (West Dorset) (Ind)]

indicated assent.

[Sir William Cash]

My right hon. Friend nods his head, because that is true, and that is how it goes.

[John Redwood]

But is not the fundamental unacceptable point about this piece of draft legislation the way in which it allows the EU to dictate to the United Kingdom and the Prime Minister any terms it likes and leaves us no bargaining position whatsoever?

[Sir William Cash]

That is absolutely right, and that is why, in my short speech earlier, I said that this should be called not the European Union (Withdrawal) Bill but the European Union (Subservience) Bill. This is a subjugation, and we have experienced this. That is why I called on the previous Prime Minister to resign. We had a capitulation on 11 April; we had a flurry of points of order, then we had a statement that afternoon, at which point I asked her whether she would resign, because she had capitulated. This Bill is a mirror image of that, but in a way it is even worse, because it places a legal duty on the Prime Minister—enforceable by judicial review if it came to it—to carry out this act of political suicide. Members on the Opposition Benches really ought to reflect on the full extent and nature of the subservience, subjugation and vassalage that they are putting the United Kingdom in. It is a total and utter disgrace. It flies in the face not only of the referendum result itself but of section 1 of the European Union (Withdrawal) Act 2018, which specifically states:

“The European Communities Act 1972 is repealed on exit day.”

Exit day is prescribed as 31 October.

I want to add another point, which is about money. Does the self-indulgence of the people who voted for this bear in mind the fact that every single month that has gone by since the end of March, when we should have come out, is costing about £1.2 billion? Every time they go in for this self-flagellation and this unbelievable determination to extend the period of time—for no purpose whatsoever, because they will never come to an agreement—it is costing the British taxpayer, the people we represent. This is a denial of the democracy that they expressed in the referendum, which we in this House specifically gave to them to decide. We did not say, “Oh, we’re giving you this right under the European Union Referendum Act 2015 to make a decision on whether we stay or leave, but actually when it comes to it, if we don’t like the outcome, we are going to turn turtle on you and reverse that decision in Parliament.” Parliament, by a sovereign Act that is still on the statute book, gave the right to the British people undeniably and deliberately to make that decision of their own account, and not ourselves.

An astonishing illustration of what I am saying is to be found in clause 3(2) of the Bill, which states:

“If the European Council decides to agree an extension of the period in Article 50(3) of the Treaty on European Union ending at 11.00 pm on 31 October 2019, but to a date other than 11.00 pm on 31 January 2020, the Prime Minister must, within a period of two days beginning with the end of the day on which the European Council’s decision is made, or before the end of 30 October 2019, whichever is sooner, notify the President of the European Council that the United Kingdom agrees to the proposed extension.”

This is the enforceable duty. This is the insane provision that is being imposed on us in defiance of our constitutional arrangement that decisions are taken not by individual Members of Parliament in a private Member’s Bill but by the elected Government, in line with the referendum decision. So the Prime Minister would be under an obligation within a period of two days—beginning with the end of the day on which the Council’s decision is made, or before the end of 30 October 2019, whichever is sooner—to notify the President of the European Council that the United Kingdom agreed to the proposed extension. So, it is not just that we are going to be saddled with a decision on an extension to 31 January 2020 to the cost of something well over £3 billion, because if the Council agrees, we would then be under an obligation to accept whatever date it puts forward, being a date other than a period ending 11 pm on 31 January 2020. It is strange to say that I have not heard that point being explained by the proponents of this Bill. I heard the right hon. Member for Leeds Central (Hilary Benn) giving a description on Second Reading of what the Bill is about, but I did not hear him say what I have just said. I would like him to get up and deny it if what I have just read, which is in the text of the Bill, is wrong.

[Hilary Benn (Leeds Central) (Lab)]

I did directly address that question in my speech on Second Reading, but the hon. Gentleman has not read clause 3(3), which explains the circumstances in which subsection (2), to which he has such objection, would not apply.

[Sir William Cash]

I do not think that that is really an excuse, because the reality is that this is the decision—[Interruption.] I will read out the subsection to which the right hon. Gentleman just referred. It states that

“subsection (2) does not apply if the House of Commons has decided not to pass a motion moved by a Minister of the Crown within a period of two calendar days beginning with the end of the day on which the European Council’s decision is made or before the end of 30 October 2019, whichever is sooner, in the following form—

‘That this House has approved the extension to the period in Article 50(3) of the Treaty on European Union which the European Council has decided.’”

However, the likelihood of that not happening is absurd. I really do think that this is just another example of the kind of obfuscation which this Bill provides in almost every clause. In fact, it is not just obfuscation, because it drives a coach and horses through the way in which we should be and have been governed.

[Mr Duncan Smith]

A valuable point was raised earlier that also explains how this Bill is problematic, which is that clause 3 assumes that the EU would in some way make a conditional offer. However, the EU is in control of whether it makes any kind of offer—conditional or not—so the Bill hinges on the EU’s ability or desire to do that, which of course probably will not happen, and it is not meant to, anyway.

[Sir William Cash]

That is true. Indeed, we had all this back in April when, if one looks at the text of the decision and the manner in which it has taken, one can see that it was hedged with certain conditions. What is going on here is that this Bill is driving us to do something that is in complete contravention to the decision that has been taken already in section 1 of the European Union (Withdrawal) Act 2018, which itself implements the decision that was taken by the British people. This Bill undermines the referendum, it undermines the law of the land as expressed in section 1 of the 2018 Act, and the commencement order has already been made.

I pay tribute to my right hon. Friend the Secretary of State for Exiting the European Union for bringing in that commencement order, which makes things a done deal. We are now in a position whereby we have repealed the European Communities Act 1972, subject only to the fact that the law of the land says that that will have effect on 31 October. This Bill is a monstrous piece of legislation designed to turn inside out not only our constitutional arrangements, but the decision of the British people in the referendum and Government policy.

The Prime Minister established another important point in his leadership election result. He got two thirds of the parliamentary Conservative party to vote for him, and he got two thirds of the grassroots—the associations—to vote for him. If ever a Prime Minister had a mandate to make such decisions within the framework of the Conservative party, it is there, which is another reason why I take exception to the fact that this Bill is going through because a number of colleagues—I am sorry to have to say this, because it is a sad business—are flying in the face of the mandate that the Prime Minister got within the framework of the Conservative party.

There is no doubt whatsoever that, within the framework of our constitution—and I will conclude with these words—it is simply monstrous that we should be put in a position where a judicial duty is imposed on the Prime Minister to make a decision under the terms of this Bill. Frankly, I find it inconceivable that anyone could possibly vote for it.

[Sir Christopher Chope (Christchurch) (Con)]

It is a pleasure to follow my hon. Friend the Member for Stone (Sir William Cash) who, as always, is on the side of the optimists rather than the defeatists.

Listening to the hon. Member for Aberavon (Stephen Kinnock), with whom I have had the pleasure of serving on the Brexit Committee, I fear he is a pessimist in this. He thinks we need a compromise, but he does not talk about the need for the European Union to compromise. He talks only about the need for the United Kingdom to compromise, in the face of a clear commitment by the British people to leave the European Union.

I will speak briefly to the amendments in my name and in the name of my right hon. and hon. Friends. Three years ago, the people of the United Kingdom instructed us, with the largest democratic mandate in our history, to obtain a divorce from the European Union and, in March 2017, Parliament accepted that instruction by giving notice under article 50 of the EU treaty.

Article 50 makes provision for an amicable divorce or for a divorce without agreement. In a traditional divorce to dissolve a marriage, both parties accept the irretrievable breakdown and try to agree sensible future arrangements, but the EU has never accepted Brexit. The EU and its institutions do not want a divorce. If there was any doubt about that, it has been made clear to us on the Brexit Committee whenever we have visited the European institutions and their leaders that the EU is just hoping and praying that Brexit will go away and that we will remain in the European Union.

They do not want a divorce, so their motivation is to contest that divorce by putting forward unreasonable and unacceptable terms that offer us only a punishment deal. My right hon. Friend the Member for Maidenhead (Mrs May) anticipated that in her Lancaster House speech, in which she said she feared that that might be the approach of the European Union, that it would be intent on offering us a punishment deal.

That is exactly what the EU has done, and the only alternative to a punishment deal under article 50 is no deal. Unless amended, this Bill will remove even that option, which enables us to put pressure on the European Union to come to the negotiating table to talk about a better deal.

As my right hon. Friend the Leader of the House said yesterday, this is a dreadful deal that has already been rejected by the House on several occasions. With this Bill, are we really going to be left with the options of either no Brexit or Brexit in name only? That is essentially what we are talking about tonight.

The United Kingdom’s freedom to divorce under article 50 is constrained by this Bill by being made subject to an EU veto that enables the EU to block Brexit, effectively indefinitely, unless or until the UK reneges on the decision of a referendum. The Bill removes any incentive for the EU to negotiate, which is why the Prime Minister is right. If this Bill passes tonight, we will take away from him any opportunity to negotiate. All he could do is be a supplicant at the table of the European Union. In effect, this would be an example of modern international slavery, where we are imprisoned by the EU with no reasonable way out.

--- Later in debate ---

[John Redwood]

Yes, take control of our laws. [Laughter.] That is what we are arguing about today. I am explaining the extreme irony that this Parliament, which claims to believe in democracy, is deliberately trying to thwart our democracy by denying the result of the democratic decision that was made by the people, and that we said was theirs to make; and that this Parliament is trying to overturn the promises that many candidates—on the Labour side, in particular—made in the general election of 2017, and that they seem to have forgotten now that they are Members of Parliament.

[Sir William Cash]

I noticed the laughter from the Scots Nats at what my right hon. Friend said. In view of the very good sense that he was speaking, I invite the House to consider this. Is it not the case that under the withdrawal agreement, during the transition period, decisions will be taken by the Council of Ministers to impose obligations and laws on the United Kingdom without our even being there, without any transcript, without any Hansard and almost invariably by consensus? Is not the whole thing a massive racket, the object of which is to put us in a state of subjugation—

[The First Deputy Chairman of Ways and Means (Dame Eleanor Laing)]

Order. Sir William, thank you, but we are running out of time.