European Council

William Cash Excerpts

Monday 26th March 2018 Commons Chamber

[The Prime Minister]

I join the right hon. Gentleman, as I am sure everybody in the House does, in wishing the very best to Nick Bailey and his family as he completes his recovery. I also thank the NHS staff who not only treated him, but continue to care for Sergei and Yulia Skripal. I was pleased to meet some of those staff and talk to them about their experience when I was in Salisbury just over a week ago; their dedication was very clear.

The right hon. Gentleman raises a number of issues. We have had discussions with the Scottish National party and others about what a Magnitsky amendment might look like. We have already taken some action, but we are looking to ensure that we take the strongest possible action. Of course, a number of my colleagues in the European Council mentioned their own Magnitsky legislation and that issue.

I will write to the right hon. Gentleman on SLPs, if I may. We have taken some action, but are looking further at what we might be able to do.

On Catalonia, we continue to wish to see the rule of law upheld and to ensure that the Spanish constitution is upheld. On Northern Ireland, talks are starting today with the European Commission on the details of the ways in which we will be able to ensure that there is no hard border between Ireland and Northern Ireland. Where appropriate, those talks will also involve the Irish Government.

Finally, the right hon. Gentleman mentions the common fisheries policy. We will be leaving the common fisheries policy and taking back control of our waters. But it is a bit rich for him to make those comments, given that he belongs to a party that wants to stay in the CFP in perpetuity.

[Sir William Cash (Stone) (Con)]

The European guidelines of 23 March and the EU proposed legal protocol both insist on the autonomy of the EU legal order and the jurisprudence of the European Court of Justice. Will my right hon. Friend give the House an absolute assurance that in these negotiations the Government will not accept exclusive or sole jurisdiction of the European Court over the UK from 29 March 2019, nor after 30 December 2020—at the end of the implementation period—and that the Government will not enter a treaty or introduce legislation that confers such jurisdiction, which a recently retired European Court judge said would be a “legal viper’s nest”?

[The Prime Minister]

As I have said before in this Chamber in response to a question from our hon. Friend the Member for North East Somerset (Mr Rees-Mogg), during the implementation period, there will of course continue to be that role for the European Court of Justice, because we will be continuing to operate on largely the same basis as currently. Once we have ended the implementation period, it will be a very different story. We will then be absolutely in a position that I know that my hon. Friend the Member for Stone (Sir William Cash) wants: one of taking back control of our laws. As I said in my statement, there are some issues still to be addressed on the withdrawal agreement, including the governance of that agreement. A number of interesting ideas have been proposed that do not give sole authority to the European Court of Justice, which is not something that we would want.