European Union (Withdrawal) (No. 2) Act 2019 (Rule of Law)

William Cash Excerpts

Monday 9th September 2019 Commons Chamber

[Michael Tomlinson]

I am going to make some progress.

We have said that we are going to leave on 31 October. It is imperative that we do so, and I will be encouraging the Prime Minister to do precisely that.

There is a sense of unreality in the Chamber. We have been having, endlessly, the same debate on Brexit for the past three years, and democrats have not accepted the democratic result of the referendum. The leader of the Labour party says that the Prime Minister should stick to his word, but I invite the leader of the Labour party to stick to his word directly in relation to this Act.

This is what the leader of the Labour party said during last week’s debate.

“I repeat what I said last night. Let this Bill pass and gain Royal Assent”—

and, Mr Speaker, you yourself have confirmed that this Bill has received Royal Assent—

“and then we will back an election”.—[Official Report, 4 September 2019; Vol. 664, c. 292.]

Those are the Leader of the Opposition’s own words, in Hansard, said from the Dispatch Box. He invites the Prime Minister to stick to his word: absolutely, and we must leave on 31 October, but the leader of the Labour party should stick to his words. He should have the courage of his convictions. He should stand up and do what Opposition leaders should be doing, rather than chickening out and bottling it and failing to vote tonight for an election.

[Sir William Cash (Stone) (Con)]

In examining the question of the rule of law does my hon. Friend agree that it is essential to look at the wording of the Act itself? Is there not a substantial degree of uncertainty in the duties that are being imposed upon the Prime Minister, not least because of the provisions contained in the so-called Kinnock amendment, and also because it is sometimes impossible to perform a duty if the framework of the duty that is to be complied with is itself incoherent and unclear, as it is in the Bill?

[Michael Tomlinson]

I agree entirely with my hon. Friend. So far no one has suggested during the course of this debate that it would be proper to disobey the rule of law, and I agree entirely, but does that prevent the Government from examining precisely what the law does and does not say while still abiding by the rule of law?

Labour’s position on Brexit is entirely incoherent. The shadow Foreign Secretary says she is going to negotiate a deal but then, having negotiated the deal, she is actually going to vote against the deal that she herself has negotiated. The Labour leader has said that he wants a general election to be called as soon as the Bill is passed; the Bill is passed, and he is still running away from a general election.

There is such a sense of unreality in this Chamber. We have had these debates for three years. My constituents are saying, “Get on with it.” That is precisely what we should be doing.