The Government's Plan for Brexit

William Cash Excerpts

Wednesday 7th December 2016 Commons Chamber

[Sir William Cash (Stone) (Con)]

Listening to the right hon. Member for Doncaster North (Edward Miliband)—

[Mr Speaker]

Order. I think the hon. Gentleman has been notified of this, but I should notify the House that, although the clock can be stopped at this point, the time limit for Back-Bench speeches is being reduced to five minutes, with immediate effect.

--- Later in debate ---

[Sir William Cash]

Thank you, Mr Speaker.

I was about to refer to the final remarks made by the right hon. Member for Doncaster North. I think it was Samuel Johnson who said that calling on patriotism was the refuge of the scoundrel. I listened with great care to what the right hon. Gentleman said, as I always do, but I have to say that he dodged a number of issues, not least when he described the dictionary definition of a plan as something that was thought out or a method of doing something. He said that that was not the case for the Government, but in fact, of course, it is.

It is very simple—as simple as this: there was a vote, which was authorised by a sovereign Act of this Parliament. That Act transferred the right to make a decision to the British people, and they made it. The right hon. Gentleman acknowledges that, and he says that he wants to respect it, but the reality is that the decision was about whether to stay in the European Union or to leave it, and the bottom line is that the people of this country decided, by a substantial majority, to leave. The right hon. Gentleman, he tells us, accepts that, but then he sets up a fog, as does the right hon. Member for Leeds Central (Hilary Benn), and as does my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke). We are given a whole lot of amorphous details that are intended to make the situation far more complicated than it is.

[Mr Kenneth Clarke]

I am grateful to my hon. Friend for giving way, not for the first time during these debates. He and I took part in a referendum in the 1970s, when he was no doubt saddened to find himself on the losing side. I seem to remember that he strongly took the constitutional view that the result was purely advisory, and it did not change either his views or his political campaigning one iota afterwards—just as Nigel Farage and many of his supporters made it perfectly clear when they were expecting to lose this referendum that they were waiting for the next chance, and they were going to go on. We must have respect for each other’s opinions, rather than telling each other that we have been ordered by an opinion poll to start abandoning them.

[Sir William Cash]

I hate—this pains me—to disappoint my right hon. and learned Friend, but I voted yes in the 1975 referendum—[Interruption.] I accept my right hon. and learned Friend’s apology. It was only when I came to the House and the Whips made what I think was probably a terrible mistake of making me a member of the then Select Committee on European Legislation that I began to see the truth. I discovered that, actually, we were not able to run our own affairs as this whole process continued towards political union. That was what the Maastricht rebellion was all about. There is a very interesting article by Philip Johnston about it in today’s Daily Telegraph.

It is because of the political union with which we are still lumbered—because we have not, as yet, left the European Union—that this is so essential. Back in May I wrote a paper about the question of repeal, entitled “Achieving leaving by repealing”. The laws that we incorporated by virtue of the European Communities Act 1972, as they accumulated, created circumstances in which we were becoming increasingly suborned to an undemocratic system of majority voting, which was combined with the ever-increasing assertiveness of one country in particular, and others in general, congregating around one another. That put us at an incredible disadvantage.

The European Scrutiny Committee, of which I am Chairman, conducted an inquiry into the manner in which the Council of Ministers operated and reached the conclusion that it was not transparent. We took evidence from Simon Hix. The decisions that are made on behalf of the British people and imposed on us by virtue of section 2 of the European Communities Act are neither democratic nor accountable, and they are not transparent. That is why it is so essential that we repeal that legislation. While the Supreme Court is weaving in and out of political issues and trying to avoid article 9 of the Bill of Rights—I do not need to go into that now—the bottom line is that what we are facing is a political imperative towards a greater degree of political union.

I discovered that last week when I went to a conference in Brussels, where Mario Monte said, “Europe needs political integration or there will be war. It is as simple as that.” That is the manner in which this argument is being constructed across the water. Similarly, Chancellor Kohl said that there would be war in Europe if we did not agree to the Maastricht treaty and the whole European integration process. That was why my hon. Friends and I—there are not many of us left in the House now—opposed the treaty. We saw that it was European government. That was the key—for us, it was a question of democracy above all else.

I wanted to intervene on the speech made by the right hon. Member for Leeds Central, but unfortunately he would not give way. I rather suspect that I know why, but there we are. I wanted to ask a question that I will ask those on the Opposition Front Bench as well. Will they oppose the Second Reading of the great repeal Bill when it comes before the House? That will be a crucial test. Let us leave aside all that is going on in relation to article 50, which is about one simple question: are we using the prerogative or not? In my opinion, that is largely a very big storm in a very big teacup. The bottom line is that we will agree to article 50. The real question is: are we going to leave the European Union?

Let me say this very simply. We should not be supplicants in these negotiations. We should say no to the single market, no to the customs union and no to the European Court, because we cannot be subject to that European Court in any circumstances. We should say yes to borders, yes to free trade and yes to regaining the democracy for which this House has stood for hundreds of years.

--- Later in debate ---

[Mr Baker]

No, it is not the first time—I am grateful to my hon. Friend.

I want to pick up on what the Secretary of State said—that there are none so deaf as those who will not hear. I will go on to talk about what else might be said, but, first, what has the Prime Minister said? In particular, she has said:

“Our laws made not in Brussels but in Westminster.

Our judges sitting not in Luxembourg but in courts across the land.

The authority of EU law in this country ended forever.”

Of the deal, she has said:

“I want it to include cooperation on law enforcement and counter-terrorism work.

I want it to involve free trade, in goods and services.

I want it to give British companies the maximum freedom to trade with and operate within the Single Market—and let European businesses do the same here.

But let’s state one thing loud and clear: we are not leaving the European Union only to give up control of immigration all over again. And we are not leaving only to return to the jurisdiction of the European Court of Justice. That’s not going to happen.”

So the Prime Minister has said a great deal, and it has been supplemented elsewhere.

One thing I particularly welcome is my right hon. Friend’s work to secure reciprocal rights for those EU citizens currently resident in the UK and for those British citizens currently resident in the EU. What we have learned through the press is that 20 member states seem to have agreed to her framework arrangements, but that the Chancellor of Germany and EU officials at the most senior levels are obstructing that—indifferently and intransigently—when they could actually put people’s minds at ease by agreeing with our Prime Minister.

[Sir William Cash]

Does my hon. Friend accept that what goes with the Prime Minister’s very clear statements is that jurisdiction returns here? After the negotiations and the repeal, we will bring in our own Bill to deal, for example, with immigration and with a whole range of other matters. It will be this jurisdiction that deals with those things, not the European jurisdiction.

[Mr Baker]

I fully accept that. In fact, together with the right hon. Member for Leigh (Andy Burnham), who spoke a few minutes ago, I very much hope that we are able to deliver a much more equal immigration policy, which treats people much more fairly, from wherever they may come.

On the point about reciprocal rights, I particularly pay tribute to my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson). Although he has not long been in the House, he has been absolutely indefatigable on this issue, and I look forward to seeing what else he has to say.

On the EEA and the customs union, I refer to the argument of my right hon. Friend the Member for Hitchin and Harpenden (Mr Lilley), who made the case brilliantly. We cannot stay in the customs union if we want tariff-free trade with other parts of the world. We cannot stay in the EEA if we want 80% of our economy to be subject to new free trade arrangements with the rest of the world, because one has to put one’s domestic regulation on the table. Therefore, the implication of what the Prime Minister has said—that we are going to be a beacon of free trade—is that we must leave both.