Early Parliamentary General Election Bill

William Cash Excerpts

2nd reading: House of Commons
Tuesday 29th October 2019 Commons Chamber

[Sir William Cash (Stone) (Con)]

I very much applaud the Prime Minister for the stand that he has taken continuously over the past months. He is doing the right thing for the right reason. Furthermore, I have listened to the Leader of the Opposition talking about autocratic, undemocratic decision making. Time and again, we have witnessed undemocratic decisions—on the Benn Act and a series of other enactments and motions—continuously over the same period of months.

The Opposition are a disgrace. They have completely undermined the democracy in this House, and have undermined the referendum—or are trying to do so. At last, they have been dragged kicking and screaming to the Dispatch Box, and it sounds as if today they are effectively going to agree that we will have a general election in December. I therefore have absolutely no compunction whatever in condemning them for their shameless behaviour and for voting against motions for an early general election over the last few months.

I am glad to say that I voted against the Fixed-term Parliaments Bill back in 2010 and 2011 during its passage through the House, and I did so for precisely the reasons that we are now having to overcome. I said at the time—on Second Reading and while discussing various amendments—that the provisions of that Bill, which the Bill we are discussing today is at last putting straight, were

“in defiance of the democratic mandate. This is about Whips and patronage; it has nothing to do with the people outside.”

I said that damage was being done to the people of this country and that there was no mandate

“of any kind for any party, in any manifesto, in any part of the political system.”

I also said that

“a motion can be passed by a simple majority of one, as has been the case from time immemorial—from the very inception of our parliamentary process in what is sometimes described as the ‘mother of Parliaments’. That is now being changed in a manner that will seriously alter the method whereby a Government may fall.”—[Official Report, 24 November 2010; Vol. 519, c. 309-312.]

Furthermore, I added that what mattered was the constitutional principle that underpins the basis of having a simple majority in this House; this two-thirds majority has always been wrong.

[David Linden (Glasgow East) (SNP)]

Will the hon. Gentleman give way?

[Stewart Malcolm McDonald]

Will the hon. Gentleman give way?

[Sir William Cash]

I will not give way for a very simple reason, which is that both hon. Gentlemen have consistently tried to obstruct Brexit for the most specious and completely unacceptable reasons.

[Mr Speaker]

Has the hon. Gentleman completed his oration?

[Sir William Cash]

indicated assent.

[Mr Speaker]

He has. [Interruption.] There is a rather unseemly atmosphere in here. Mr Linden, you are a very over-excitable fellow today; calm yourself. Mr Newlands next to you is clearly moderately embarrassed. He is going to try to encourage you to tread a path of virtue, and we should say three cheers to that. Meanwhile you can smile, Mr Linden, because I am about to call your leader—Mr Ian Blackford.

Early Parliamentary General Election Bill

William Cash Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons
Tuesday 29th October 2019 Commons Chamber

We have seen the difference between what we were able to do between 2010 and 2015, with a full five-year programme in coalition with the Liberal Democrats, and the instability that ensued as a result of the numbers that came out in 2017. We have seen enormous difficulties, given the importance of Europe as an issue. We have seen people in all parts of the House wrestling with their conscience over the division between their loyalty to their belief in the European ideal and their loyalty to their party.

[Sir William Cash (Stone) (Con)]

I have just heard reference to the European ideal, and I would be grateful if my hon. Friend told me whether he has any evidence of what that really means. Has he ever heard anyone properly justify why they would want to remain in the European Union, which is utterly undemocratic and dysfunctional?

[Crispin Blunt]

I am extremely grateful to my hon. Friend, but I suspect I might get into a deal of trouble if I were to follow him down that rabbit hole, Madam Rosie, although I would love to. If you will allow me briefly to reply to that point, I think it is actually about an attachment to internationalism and values that we can convince our young people can be carried out on a global scale as well. If the term “global Britain” is to mean anything, it must mean the values that motivate people with the European ideal of co-operation with our neighbouring states. Britain is big enough to do that on a global scale and to make our young people proud of their country, proud of its international standing and proud of its attachment to the rule of law and the defence of human rights. We are now tantalisingly close to being able to scope a new vision for Britain, and that is one of the reasons that it is terribly important to get on with this election.

--- Later in debate ---

[Crispin Blunt]

I sincerely hope that is the case. I have made submissions that I hope will make our manifesto more attractive to young people and much more forward looking.

We also ought to remember that there will be three extra days—or five, given that we will drift over the weekend—for people to get their postal votes sorted, which is important if we are to have a December election. I think it is now agreed that the absolutely overriding national interest is to resolve the strategic incoherence of the legislature and the Executive, and we will all need to mobilise people and be part of the campaign to assist people in registering for postal votes if the weather or light will affect their being able to get to a polling station.

All that will also be an additional burden on the electoral registration officers and their teams. For electoral registration officers trying to cope with the demands that we are about to present to them, the three days will be extremely important. There is a good case for widening the take-up of postal votes, not least for students and others who will be able properly to exercise the franchise to which they are entitled.

In conclusion, I hope that the House will consider my arguments. Having the election will resolve the incoherence of good public administration in the circumstances we face today. Dame Rosie, you and your colleagues have prevented us from disappearing down a rabbit hole in order to enable yet further delay and obfuscation by trying to change the nature of the franchise at very short notice. Goodness knows what problems that would then present unto the hard-pressed electoral registration officers on whose behalf I have trying to speak. I hope that the Committee will vote for sound public administration and to support our poor officials who do great work in enabling our democracy to function.

[Sir William Cash]

On a point of order, Dame Rosie. I seek your guidance on the selection of amendments. Am I right in believing that, although there has rightly been an enormous amount of concentration on the figures “9” and “12” in amendments 2 and 3, there is ample opportunity for us to consider the issues of clause stand part? The questions of clause 1 and clause 2 stand part are both important in their own right, and I would be glad to know whether you are able to confirm that—I noticed the Clerk nodding her head.

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I can indeed confirm that. I noticed that the hon. Gentleman might be trying to catch my eye, so no doubt at that point he will address the very clauses he mentions.

--- Later in debate ---

[Sir William Cash]

My hon. Friend referred to the possibility of holding elections in schools. He might know what I am about to say. In his great constituency, there is a school called Stonyhurst College, which I happened to attend. Can he recall any occasion when Stonyhurst’s premises were used for elections?

[Mr Evans]

I do not believe so. It was used as the venue for the count for the by-election and the subsequent general election, which was fortunately only 12 months after, because I lost the by-election, but then won the general election in 1992.

We do not want to lose any school time. Nativity plays have been mentioned. We do not want to lose nativity plays, either. It has been said that losing some nativity plays at least brings to an end the farce that has gone on here. I fully appreciate that, but we do not want to inflict any sorrow on children who have been rehearsing for their nativity plays. If the election is on 12 December rather than 9 December, it will give schools the opportunity to plan ahead and to make sure that the rooms that are used will not conflict with any nativity plays.

Whether the election is on 9 or 12 December, people who are listening to this debate ought to take the opportunity now to ensure that they have postal votes or proxy votes. I have already bumped into a number of people who told me that they are going trekking in the Himalayas and are going to be away for five weeks. People are going on cruises and all that sort of stuff. I hope that people take precautions now. The most important thing at a general election is for people not to lose their vote and to be able to participate in helping to vote for the next Government of this country. Whether the election is on 9 or 12 December, I hope people vote Conservative and ensure that we deliver the Brexit that they voted for at the referendum.

--- Later in debate ---

[Sir Desmond Swayne]

I can assure my hon. Friend that the independent members of my New Forest association would not tolerate anyone imposing a candidate or superintending the process, and I would hope that other constituencies would follow a similar line.

I will, if I may, come to the question of students. We have heard that, overwhelmingly, students choose to vote at home, that postal and proxy votes are available, and that 40 of the top universities will still be sitting on 12 September.

I believe that my hon. Friend the Member for Ribble Valley (Mr Evans) was quite mistaken in an earlier intervention on my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson). He implied that students could be registered at only one address. That is not the case. Students are entitled to register at both addresses. Of course, it is important that they vote at only one of them. When I was the chairman of the Saint Andrews University Conservative Association—a former friend, Alex Salmond, will remember these events well—I saw it as my duty to ensure that all members of the Conservative Association were registered at both addresses, so that, in an election, we would be able to inform them as to where their vote would count for more. I undertook that task. Unfortunately, on the evening of the referendum, I think, in 1979, I was visited by members of Special Branch and charged with 53 offences against the False Oaths (Scotland) Act 1933. I got off the charges, but nevertheless it was certainly a very frightening experience. In those days, universities and university political associations went to great lengths to ensure that all their members were registered at both addresses. If that has continued, then it should not be a problem.

I conclude by saying that, having heard the speech—the very impressive Second Reading speech—of the hon. Member for Birmingham, Yardley (Jess Phillips), I can assure my hon. Friends that I would not be voting for this Bill with any great enthusiasm if she were the leader of the Labour party.

[Sir William Cash]

The clause stand part provisions raise very important questions of principle, which we must consider very carefully. It all goes to the question of the Fixed-term Parliaments Act 2011 itself. On Second Reading, I made the point very clearly—for those who are interested in looking at how that disgraceful Act was put through the House—that I was very, very strongly against it. I looked through the Division lists earlier on. I see my right hon. Friend the Member for New Forest West (Sir Desmond Swayne) in his place—I think that he was the Parliamentary Private Secretary to the Prime Minister at the time. I incurred the wrath of the Prime Minister by my absolute determination to do everything possible to ruin the Fixed-term Parliaments Act. In fact, I am afraid to say that we managed to muster only 10 Members of Parliament, and not always that. On one occasion, I found myself with just one other person—the then Member of Parliament for Aldridge Brownhills, Sir Richard Shepherd. He and I ended up as the only ones who voted on that. That is why I am specifically thinking about the manner in which this important Bill is being brought through the House. There was a particular amendment that I took the gravest interest in during the passage of the Fixed-term Parliaments Act, and we are now dealing with an amendment to make provision for a parliamentary general election to be held on 9 December as compared with 12 December—the date in the Bill itself. It has already been ruled that clause stand part is an integral part of these proceedings, and I have every intention of making the points that I want to make on that, having had the ruling that I did from the previous incumbent of the Chair.

I refer to a very important website called the Public Whip. When I got my information from the Library today, I noticed that the Public Whip said that I—the Member of Parliament for Stone—was very “strongly against” the Fixed-term Parliaments Act. I can tell hon. Members why, and it is very simple. I was against it because it gave the Whips an undemocratic power and created the shenanigans of upsetting the rule regarding simple majorities for general elections; and that is why we are in the mess we are in now.

[Mr Duncan Smith]

I was a member of the Government at the time of the Fixed-term Parliaments Act, and was therefore bound to support the proposals. However, I recall that one of the discussions that took place was that there should be a sunset clause, meaning that the provision’s short purpose, which was to do with sustaining a Government at the time, would have gone away and we would have returned to the other method. I did make the point, as I am sure my hon. Friend has, that when we fiddle with the constitution without proper checks and balances, there will almost invariably be very heavy consequences, but that point was never quite taken.

[Sir William Cash]

Indeed. It is when sunset comes to an end that Dracula comes out of his crypt. I am not referring to my right hon. Friend, of course. What I am saying, however, is that the consequences of the Fixed-term Parliaments Act have been abominable for the proceedings in this House.

[Mr Whittingdale]

May I congratulate my hon. Friend on the perspicacity that he showed during the passage of the Fixed-term Parliaments Act, as he has done on so many other occasions? He might recall that the then leader of the Liberal Democrats advocated the Fixed-term Parliaments Act on the basis that it would give much greater political stability to our system in future years. Does my hon. Friend agree that that was about as accurate a prediction as all other Liberal Democrat predictions?

[Sir William Cash]

Absolutely, and of course that legislation was cobbled together for the very simple reason that they wanted to keep in with the Liberal Democrats. That was the real purpose of the Fixed-term Parliaments Act, and it was one of the most pernicious aspects of the coalition.

I understand, by the way, that part of the coalition deal included a plan to get rid of the 1922 committee. The coalition wanted to bring Ministers into that committee, which would have destroyed it. I fired what could be described as an almighty Exocet, and guaranteed that Ministers would not be allowed to vote—on the pro bono advice that we received from a very eminent QC whom I instructed.

A book by Matthew d’Ancona was brought to my attention a few months ago. On reading it, I found—to my astonishment but great interest—that the then Prime Minister, in a conclave with his closest advisers before the coalition began, was talking about the coalition and how he was going to conduct his Prime Ministership, and he said to those advisers, “I have a choice to make. Am I going to go into a coalition with Nick Clegg or Bill Cash?” I found that most interesting.

That is why this clause stand part debate is highly relevant. We have this extraordinary situation in which the whole issue of an early general election is, largely speaking, the product of all the shenanigans on the Opposition Benches and the other shenanigans with our own colleagues in the House, some of whom lost the Whip and all the rest of it. I strongly believe that this business of having a general election, which, but for this Bill, would not have been put through, is connected with the very reason why people wanted a coalition back in 2010, which was to stop people like me banging on about Europe—I remember the then Prime Minister saying that—but they did not have a chance. That point has to be made.

[Craig Mackinlay]

My hon. Friend is making the most excellent points about the drawbacks of the Fixed-term Parliaments Act, which he was opposed to. Does he think that there is a salutary lesson here that this place should not legislate in haste at any time? Does he share my concerns about the rapidity and danger of the Benn surrender Act, which will stain this House for many years to come? Its effects are being seen today and will be with us for a very, very long time.

[Sir William Cash]

That is absolutely right.

Over the centuries, Parliaments have acquired their own names. For example, we have had the Barebones Parliament, the Rump Parliament and the Addled Parliament, and there has been the Mad Parliament. This Parliament ought to be called what it has now become—the Purgatory Parliament, with the shenanigans from the Opposition and from those who have been determined to remain in the European Union at any price. I have often had to upbraid them. I remember saying:

“I have heard of rats leaving a sinking ship but never of rats trying to sink a leaving ship.” —[Official Report, 18 July 2018; Vol. 645, c. 503.]

That remains on the record from some months ago. I say it again for this reason: I believe very, very strongly that it is unconscionable that we should not have this general election. We need it because, above all else, we had the referendum which was itself put into effect by virtue of this House deciding, by six to one, that it would have it. That was in the parties’ manifestos. Opposition Members voted—some of them did and a few did not—by 499 to 126 for the European Union (Notification of Withdrawal) Act 2017. Every single Conservative Member of Parliament, even the right hon. and learned Member for Rushcliffe (Mr Clarke), voted for the European Union (Withdrawal) Act 2018, which received Royal Assent on 26 June 2018.

[David Tredinnick (Bosworth) (Con)]

My hon. Friend talked about rats. The exact quotation, if I recall it correctly, is that there are many examples in history of rats leaving a sinking ship but only one of mice joining one.

[Sir William Cash]

Ha, ha—well, I must say I find that very amusing, and I am grateful to my hon. Friend for saying it.

The name that this Parliament has now acquired and deserves—the Purgatory Parliament—is, I believe, appropriate and right in the circumstances. I would say this to the Committee, as I did some weeks ago on another occasion: in the name of God, go. I believe that this is the moment for this Parliament to depart, in the words of Oliver Cromwell all those years ago. The Speaker has quite frequently referred to 17th-century precedents, so I say again to this Parliament: in the name of God, go. Let us get on with a general election and let us get Brexit done.

[Mr Baker]

Amendment 14 has the effect of aligning the registration deadline for Scotland with the registration deadline in the rest of the United Kingdom, by removing the need for the St Andrew’s day bank holiday in Scotland to be taken into account. I congratulate the Minister on his wisdom in bringing forward that sensible amendment, but I wonder whether he could confirm that Scotland is being treated fairly with this amendment. On the Conservative Benches, we are most concerned to ensure the fair treatment of Scotland. We are very proud that Scotland is in the United Kingdom, and we are determined to ensure the fair treatment of people throughout the great country of Scotland.