European Union (Withdrawal Agreement) Bill

William Cash Excerpts

2nd reading: House of Commons & Programme motion: House of Commons
Tuesday 22nd October 2019 Commons Chamber

[Ian Blackford]

More than 100 hours—so what on earth are we doing pushing this Bill through over a couple of days? I appeal to everybody—and I mean everybody; I am looking at Government Members—to let this House do its job and to have proper scrutiny of something that is so absolutely fundamental.

[Sir William Cash (Stone) (Con)]

Having been at the heart of the Maastricht rebellion, I will make a very simple point: first, there was no manifesto commitment to the Maastricht treaty; and, secondly, there was no referendum.

[Ian Blackford]

I am not sure what the relevance of that intervention was at all.

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[Mr John Whittingdale (Maldon) (Con)]

It is a pleasure to follow the hon. Member for East Dunbartonshire (Jo Swinson), the leader of the Liberal Democrats. I give her and her party credit for consistency. No one has ever been in any doubt about where they stand on Europe. Unfortunately, that is not the case for the Labour party, whose leader, as my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith) has already pointed out, supported leaving the EU for a long time, fought an election on the wish to respect the result of the referendum and said consistently that a second referendum was out of the question.

Members will be aware that the hon. Member for Cardiff West (Kevin Brennan) was forced to abandon his 60th birthday party as a result of the House sitting on a Saturday. The House may not be aware that he and I were born on precisely the same day and that, as a result of the programme motion, I have now postponed my own 60th birthday party. However—unlike, I suspect, the hon. Gentleman—I regard that as a small price to pay, and one that I am very willing to pay, if the result is that we get Brexit done.

Members have said that the Bill is being rushed through and that there has not been time to look at it properly. I have been privileged to serve as a member of the Select Committee on Exiting the European Union since 2016, and we have spent an awful lot of time scrutinising the process by which the UK will leave the European Union. We looked at the withdrawal agreement as originally proposed by my right hon. Friend the Member for Maidenhead (Mrs May), and, of course, we have taken numerous sessions of evidence for the purpose of further examination.

As was pointed out by my right hon. Friend the Member for Chingford and Woodford Green, many parts of this withdrawal agreement are similar to what was presented by the previous Prime Minister. The major differences between the agreement that we are considering today and the previous one are the changes that have been made, first, to the Northern Ireland protocol, and secondly to the political declaration and the direction of travel for our future trading agreements.

Like the Prime Minister, the Foreign Secretary, the Leader of the House and my right hon. Friend the Member for Chingford and Woodford Green, I did not support the Government in the first two meaningful votes, but I did support them in the third, because I wanted us to fulfil the promise that had been made that we would leave the European Union by 29 March.

[Sir William Cash]

Will my right hon. Friend give way?

[Mr Whittingdale]

I will give way briefly.

[Sir William Cash]

I just wondered whether my right hon. Friend was aware that the provisions relating to parliamentary sovereignty and those dealing with the protection of vital national interests, both of which are included in this Bill, would not have appeared in the previous Bill.

[Mr Whittingdale]

I am grateful to my hon. Friend, because I was about to say why I regarded this Bill as being a considerable improvement on the previous agreement, and he is right to point that out. The agreement that we are considering this afternoon does address the principal concerns that a number of us had, particularly about the so-called backstop and the risk that this country could be locked indefinitely into membership of the customs union, which would prevent us from achieving one of the great prizes offered by Brexit, the ability to negotiate our own trading agreements.

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[Sir William Cash (Stone) (Con)]

In the time available, I will make a few points regarding clauses 29 and 36, which I authored myself in negotiation with the Government because I was so concerned about article 4 of the protocol and part 4 of the agreement.

The entire Bill is ultimately about sovereignty. I would go further: we need not only to reaffirm that, as these clauses do, but to increase the monitoring and scrutiny of these arrangements within the framework of the House. The ports regulations were pushed through a few years ago. Similar provisions will be pushed through in the transitional period, when the EU will take control of us in the legislative process, and we will have no means of defence except by reference to the kind of clauses that I have produced and which I am glad the Prime Minister has accepted.

Section 1 of European Union (Withdrawal) Act 2018 is clear and unambiguous: we will repeal the 1972 Act on 31 October. That is the law of the land, as I have said repeatedly. It is clear and unambiguous and it is the law. Lord Denning, without doubt the greatest jurist in modern history, specifically stated that where Parliament wishes to assert its supremacy, it can do so by stating clearly that a domestic statute is to apply, notwithstanding European law, and this would include sections 2 and 3 of the 1972 Act. He stated clearly:

“If the time should come when our Parliament deliberately passes an Act with the intention of repudiating the Treaty or any provision in it or intentionally of acting inconsistently with it and says so in express terms”,

as section 1 of the European Union (Withdrawal) Act 2018 clearly does,

“it would be the duty of our courts to follow the statute of our Parliament.”

Nothing could be clearer. I would add to that mix the fact that there are principles of sincere co-operation under article 4 of the treaty, and of wrongful reason in international law, which I have no time to go into.

This is the gravamen of the question, and the manner in which I believe we will be able, through the mechanisms provided under clauses 29 and 36, to give protection. I am deeply concerned about the provisions relating to Northern Ireland, and I agree with what others have said on that subject.

[Kate Hoey]

I appreciate what the hon. Gentleman has managed to get into the Bill, but will he clarify a little further how it could help a situation that is extremely concerning to all who care about Northern Ireland?

[Sir William Cash]

The hon. Lady is a member of my Select Committee. Let me simply add, having set up evidence sessions with departmental Select Committees and having taken control of the manner in which the report is produced on that evidence, that Ministers will be under an obligation to allow the motion to be moved, and furthermore we will be able to vote on it. The bottom line, therefore, is that there will be real opportunities for the House to express its views in conjunction with any Select Committee that is brought into the arena with the European Scrutiny Committee. We will work effectively with those other Committees, as we have already done, for the purpose of adducing that evidence. We will then, I believe, be in a position to rely on the fact that the Floor of the House of Commons will determine the outcome of that evidence, and when there is a vote on it, we will then be able to apply the principles of parliamentary sovereignty in line with the judgment of Lord Denning, which I do not need to repeat.

These measures go to the very marrow of our body politic, which is the birthright of our citizens, forged over centuries in war and peace throughout our history. We had a referendum, and we had a decision from the British people. We must implement that decision, and anyone who opposes the Bill is effectively undermining our democracy and our self-government.

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[Mr Owen Paterson (North Shropshire) (Con)]

It is a great pleasure to follow the hon. Member for Pontypridd (Owen Smith); we share a Christian name—I think we are the only two Members of Parliament with the name—and I share his concerns about Northern Ireland, which I will come to in a minute, but I do not think we have that much else in common.

People are looking at this debate absolutely exasperated; people were told that this Parliament would give them the power of decision to decide whether we stayed in the European Union or whether we left, and we have this collision, which I have mentioned on numerous occasions before, between direct democracy and representative democracy. The representatives here have royally let down the people of this country, because for the first time the people have gone against the wishes of their elected Members, and the elected Members here have used every possible technique to thwart them, and they know it.

We promised to take back control. All Conservative Members were elected on a manifesto to leave the single market, leave the customs union and leave the remit of the European Court of Justice. Does this Bill do the business? It is a start. It is a very good start; that would be my judgment. There are numerous things in it which I do not like, but it does set the process in train for us to honour what we promised the people.

[Sir William Cash]

Does my right hon. Friend agree that one of the most cardinal sins we can commit in this House of Commons is to vote for a Bill knowing full well what it says and then to reverse those votes in effect at a later date?

[Mr Paterson]

I totally agree with my hon. Friend. It was also wicked to promise the people that we would respect their judgment and not deliver it.

So this Bill does begin to bring laws back. It does not yet begin to bring money back, but there is, I am pleased to say, with this version light at the end of the tunnel, which is a free trade agreement, which is where we should have gone from the very beginning. That is what President Tusk offered us back on 7 March 2018, but we have inherited all this baggage from the previous negotiations and, in my opinion, an awful lot of that remains, which I regret.

There are two big areas that I am still very unhappy about. First, I am concerned that the transition period could be used to take advantage and to ruin what is left of our fishing industry. That is a wonderful natural resource. I find it completely extraordinary that Members such as the hon. Member for Brighton, Pavilion (Caroline Lucas) talk in glowing terms about the environmental benefits of the EU; we throw back 1 million tonnes of healthy fish dead, because of the stupidity of the way the common fisheries policy is managed. I was delighted to learn from my right hon. Friend the Prime Minister’s reply to me earlier that we will bring back complete control of our exclusive economic zone and all our resources so that we can manage them in a modern way, as I wrote in a Green Paper way back in 2005. However, I am worried about what will happen during the transition.

Secondly, I am concerned about Northern Ireland. I wrote an article just 10 days ago saying that I was worried about antagonising the Unionists. There is great interest in republican activity, but I am concerned about the Unionist community, which the hon. Member for North Down (Lady Hermon) has mentioned on numerous occasions. We had an incident on the Newtownards Road last night. I hope that the Lord Chancellor will give us some assurance in his reply to the debate that all the arrangements in the current protocol will be dissolved when we conclude a free trade agreement with the European Union and that this sovereign UK Parliament and Government will pass a law to move Northern Ireland into the free trade agreement on a level pegging basis with the rest of the United Kingdom. That might alleviate some of the concerns in Northern Ireland.

If those two issues can be resolved, I will vote for this Bill, albeit without any great enthusiasm, because it sets us on the road. Having mentioned Ireland, it is worth looking at the example of the Republic of Ireland as it emerged from the Irish Free State. Michael Collins said something in the Dáil Éireann on 19 December 1921 that pretty much reflects my views this evening:

“Now as one of the signatories of the document I naturally recommend its acceptance. I do not recommend it for more than it is. Equally I do not recommend it for less than it is. In my opinion it gives us freedom, not the ultimate freedom that all nations desire and develop to, but the freedom to achieve it”.

This Bill begins the process of establishing our full freedom, and I hope that I do not suffer the same fate as Michael Collins in wanting to see that delivered.