European Union (Withdrawal) (No. 5) Bill

William Cash Excerpts

2nd reading: House of Commons
Wednesday 3rd April 2019 Commons Chamber

[Mr Speaker]

Under the terms of the business of the House motion to which the House has just agreed, amendments for the Committee stage of the Bill may now be accepted by the Clerks at the Table. An amendment paper containing all amendments tabled up until 6.15 pm today, and the names of signatories, will be available in the Vote Office and on the parliamentary website by 7 pm. Members may continue to table amendments up until the start of proceedings in Committee of the whole House. If necessary, an updated amendment paper will be made available as soon as possible during proceedings in Committee. For the benefit of everyone, however, I would encourage Members to table their amendments as soon as possible. The Chairman of Ways and Means will take a provisional decision on selection and grouping on the basis of amendments tabled by 6.15 pm, and that provisional selection list will be made available in the Vote Office and on the parliamentary website before the start of proceedings in Committee.

[Sir William Cash (Stone) (Con)]

On a point of order, Mr Speaker. I wish to raise a point of order regarding the need for a money resolution under the Standing Orders in respect of the Bill. For example, if the Bill was to result in a very great extension, the cost could be £36 billion of taxpayers’ money. Fifty MPs have written to you, Mr Speaker, in my name and theirs, in the belief that a money resolution is required, particularly as the matter is apparently decided by the Clerks of the House of Commons. That raises a question for the Procedure Committee as to whether or not there should be a money resolution. I therefore ask you, Mr Speaker, first of all, what is your conclusion on that, as advised; and, secondly, whether the matter can be referred to the Procedure Committee, because in my judgment it is completely unacceptable for matters to be decided in this way?

[Mr Speaker]

I will respond to the hon. Gentleman, but I will first hear the point of order by the hon. Member for Bishop Auckland (Helen Goodman).

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[Mr Speaker]

I am absolutely certain that the hon. Gentleman got vastly better than unclassified in everything. As I said, he is a very clever man. My point was about this issue, not about his intelligence.

If there are no further points of order on this matter, I will now give a definitive ruling on which, as I have been advised, no further points of order will arise. We will then proceed to the business before us.

As the hon. Member for Stone knows, the view taken by the Clerk of Legislation, who decides these matters in the first instance, is that neither Queen’s consent nor any financial resolution is required for the private Member’s Bill presented by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper). Under the terms of the Bill, if enacted, the Prime Minister “must” move a motion agreeing that she should seek an extension of the negotiating period under article 50(3) of the treaty on European Union to a specified date. The Bill requires the Prime Minister to have the approval of the House before agreeing an extension of the negotiating period. An extension could come into effect only if the European Union 27 decided unanimously to agree an extension with the UK.

As the House will recall, no Queen’s consent was required for the contents of the European Union (Notification of Withdrawal) Bill, which was introduced in January 2017 after the UK Supreme Court decision in the Miller case. My ruling is that as no prerogative consent was required for the Bill in 2017 giving parliamentary authority to the Prime Minister to take action under article 50 of the treaty on European Union, there is no requirement for new and separate prerogative consent to be sought for legislation in 2019 on what further action the Prime Minister should take under the same article 50 of the treaty on European Union.

I recognise, colleagues, that extending the period under article 50 would, in effect, continue the UK’s rights and obligations as a member state of the EU for the period of the extension, which would have substantial consequences for both spending and taxation. I am satisfied that the financial resolutions passed on Monday 11 September 2017 give fully adequate cover for the exercise by Ministers of their powers under section 20(3) and (4) of the European Union (Withdrawal) Act 2018 to move exit day in order to keep in lockstep with the date for the expiry of the European treaties, which of course is determined by article 50 of the treaty on European Union. This has been demonstrated by the European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) Regulations 2019, with which I know the hon. Member for Stone is keenly familiar, and which were laid before this House on 25 March and approved by the House on 27 March. Accordingly, my ruling is that the European Union (Withdrawal) (No. 5) Bill does not require either a Ways and Means motion or a money resolution.

[Sir William Cash]

rose—

[Mr Speaker]

Order. Forgive me; I have treated the hon. Gentleman with the utmost courtesy, as I always do, and I am happy to discuss the matter further with him. However, that is a ruling on advice, to which very careful thought has been given, and we cannot debate it further. We must now proceed with the business.

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[Yvette Cooper]

The right hon. Gentleman is right. I have also heard that we can access criminal records using the European Criminal Records Information System—ECRIS—in a matter of days at the moment, but that that could take weeks as a result of leaving the EU. That evidence was given to the Select Committee.

[Sir William Cash]

Can the right hon. Lady tell the House how long the extension will be, because that is also a matter of principle? It is not just a matter of committing to it. What does she expect the words in square brackets in the Bill to be? Three months? Nine months? Two years? Secondly, does she agree that it is extraordinary that such an extended period would cost the British taxpayer billions and billions of pounds?

[Mr Speaker]

Order. I gently point out that there are three Front-Bench speeches to be heard, and that a number of other hon. and right hon. Members wish to speak in the debate. There is therefore a premium on brevity.

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[Antoinette Sandbach (Eddisbury) (Con)]

I support the Bill for this reason: we are seeing the revisionism of history by European Research Group members, who claim that 17.4 million people voted for no deal. That was not on the ballot paper; what was on the ballot paper was our membership of the EU.

Many of us in the House triggered article 50 on the basis that we were saying to the EU that we would not remain a full member, but wanted a new relationship, one that might look like Norway or Switzerland, or to be in EFTA. That is what Vote Leave campaigned for on the campaign trail, and its electoral registration made it absolutely clear that the decision on the future relationship would be up to Parliament. Voters were voting to leave the political institutions of the EU—out of the European Court of Justice and the ever closer union—but not ruling out the single market or the customs union.

Why has this House ruled out no deal? That is because we have faced the reality of what leaving with no deal would look like. We are due to do that in just over a week, with no process in place. If we are to change that, we need to change the law. Parliament has voted by 400 votes to 160 against no deal. The Bill is not undemocratic; it implements that decision. We have not ruled out leaving the EU, and are still leaving other options open for our future relationship.

I have supported the Prime Minister’s deal three times. I have voted on behalf of my constituents to implement their decision in the referendum. The problem is the hard core of ideological WTO-ers who want to hold this House and the country to ransom. Distressed businesses in my constituency are saying that we must resolve this.

[Sir William Cash]

Will my hon. Friend give way?

[Antoinette Sandbach]

I am sorry, my hon. Friend has spoken many times.

Distressed employers in my constituency who are responsible for thousands of employees want a resolution. The Bill will give Parliament a proper say, in the event that we cannot get a resolution in the timeframes currently set out. Far from being undemocratic, this is about putting a process in place that allows us to implement a decision and to have time to look at the best way in which to implement our future relationship with the Europe. That is why I shall be voting for the Bill.

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[Sir William Cash (Stone) (Con)]

I shall be very brief indeed; I want to make a point to which I have referred before. As my European Scrutiny Committee report made clear back in March last year, this entire process is being driven by the guidelines and the Government and Prime Minister’s humiliating supplication to the European Union. That is true and clear. Furthermore, I point out the reversal of the position at Chequers, where the European Union (Withdrawal) Act 2018, which had been overtaken by events, was, on a pre-planned basis, turned into a new arrangement that became the withdrawal agreement.

My final point is this: there is profound humiliation for the British people in our being required to do what the EU says. The Bill will ensure that the EU dictates the terms. As Sir Paul Lever, I and others have made clear over the years, things will be decided by Germany in the Council of Ministers and the European Council. Sir Paul says, as do I, that this is a German Europe, run by Germany; that is the bottom line, and that will be the case in relation to this decision as well.

[Mr Speaker]

Well, that is one of the shortest speeches the hon. Gentleman has ever delivered in the Chamber.

[Mr Bob Seely (Isle of Wight) (Con)]

I will not support the European Union (Withdrawal) (No. 5) Bill, because it means delay without end. Business wants certainty above all. I do not believe all the scare stories; sadly, the Treasury has been proved wrong in most of its assessments of Brexit. This Bill will simply be the water torture of endless delay.

I base my decision on two points. First, we have to honour the referendum result. That means voting for Brexit. I do so because the country voted for it; because my Island, the Isle of Wight, voted for it; and because the best way of improving the reputation of politics is for politicians to do what we said we would. The problem is that we are not doing that. This chaos is self-induced by people who do not want Brexit.

Secondly, we have to live in the real world, and that means accepting that this Parliament has a remain majority. It has been obvious for months that we would not get no deal through, and while I respect my hon. Friend the Member for Stone (Sir William Cash) and many other Brexiteer colleagues, I cannot think of a more perfect example of snatching defeat from the jaws of an acceptable victory. There has never been a chance of getting no deal through, as we are finding out.

We are not theologians. We need to cut a deal, not philosophise on the nature of Brexit perfection.

[Sir William Cash]

Rubbish.

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[Mr Speaker]

Under the Order of the House of today we shall now move to Committee of the whole House.

[Sir William Cash]

On a point of order, Mr Speaker.

[Mr Speaker]

Yes, I will take the point of order before we go into Committee.

[Sir William Cash]

I have just been to the Vote Office and, most unfortunately, for some reason that we cannot understand, the copy of the Bill we should be getting actually malfunctioned in some way or another, so, as I understand it, it cannot be obtained from the Vote Office.

[Mr Speaker]

I am not sure that a Bill is itself capable of malfunction. My imagination, which is quite vivid, is being stretched. It may well be that there has been some malfunction that has caused the absence of the Bill, which the hon. Gentleman wishes to see and of which he would want a copy. That is unfortunate and I hope the matter can be speedily remedied. [Interruption.] I have just been advised—I am grateful to the hon. Member for Harwich and North Essex (Sir Bernard Jenkin) and the right hon. Member for Rayleigh and Wickford (Mr Francois)—that it was the amendment paper that was not forthcoming. However, I gather that honour is served. The amendment paper is here, the Chairman of Ways and Means is in his place, he has made his selection and the House is going to hear it.