EU Retained Law

William Cash Excerpts

Wednesday 22nd June 2022 Commons Chamber

[Mr Rees-Mogg]

I agree with the hon. Gentleman that he and I have been consistent in our views on this matter, and therefore it is interesting, as always, to cross swords with him. He brings us to an important issue, because obviously where there are devolved consequences from laws coming back from the European Union, the power to amend will be with the devolved authorities. We have already seen a great flow of power from Brussels to the devolved Administrations so that the Scottish Government have received powers. The United Kingdom Internal Market Act 2020 provided a great swathe of extra powers to the devolved authorities, and that will continue under this Bill and will provide benefits for all the devolved authorities to take back control for themselves. We will indeed ask for legislative consent motions, which is the habit of this Government. I cannot promise whether they will be granted; in that instance, he will be more influence than me.

[Sir William Cash (Stone) (Con)]

May I congratulate my right hon. Friend on the enormous progress he is making with respect to the freedoms Bill, and the opportunities that it will give the United Kingdom to regain its sovereignty, its self-government and its democracy? Does he agree, given his experience and having been a member of the European Scrutiny Committee for many years, that one of the most extraordinary aspects of EU retained law is that for about 50 years the laws were made by majority vote in the Council of Ministers—Ministers of other countries—behind closed doors and without even so much as a transcript, unlike in this House, so people did not even know the basis, let alone who had actually voted for them? Does he not regard that as so extraordinary that he would be surprised if anyone could possibly justify legislating for a country in that way, and particularly for a country such as the United Kingdom, with its freedom and democracy? It is completely unacceptable for it to have continued for so long?

[Mr Rees-Mogg]

I entirely agree with my hon. Friend that the way legislation was made in Europe was entirely undemocratic. It was unscrutinised and then became our law automatically, and if we did not turn it into our law properly, we could be told to jump to by the European Court of Justice. The situation was entirely unsatisfactory. However, because we are a democracy and we believe in the rights of Parliament, we are ensuring that the process of reversing that is done in a proper parliamentary manner, and I hope that he will play his part in that manner.

European Union (Withdrawal Agreement) Bill

William Cash Excerpts

Consideration of Lords amendments & Ping Pong: House of Commons & Ping Pong
Wednesday 22nd January 2020 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. Very short contributions are required, as there are only 20 minutes left. For two minutes, Sir William Cash.

[Sir William Cash (Stone) (Con)]

I simply want to say that I concur entirely with what the Secretary of State has said, and to refer very briefly to Lords amendments 2, 3 and 5.

Let me say first that the Government’s arguments about the question of the lower courts in relation to the Supreme Court are completely valid. I think that an enormous number of complicated problems will emerge from Lord Mackay’s amendment. The use of expressions such as “is of the opinion” and

“set out the reasons for that opinion”

will create a quagmire of interpretation.

As for Lords amendment 5, when I had the pleasure of advising on the Canadian constitution back in about 1982, I engaged in extensive discussions with Mr Geoffrey Marshall of The Queen’s College, Oxford, who is the greatest authority on the question of conventions. I entirely agree with the Government’s position on that, in the light of my own experience of what conventions actually mean, and I have to say that I have heard a lot of hogwash this afternoon in support of the alternative view.

[Madam Deputy Speaker]

Christine Jardine.

European Union (Withdrawal Agreement) Bill

William Cash Excerpts

3rd reading & 3rd reading: House of Commons
Thursday 9th January 2020 Commons Chamber

[Sir William Cash (Stone) (Con)]

Will the hon. Gentleman give way?

[Paul Blomfield]

It would not be the same debate if I did not. I am happy to do so.

[Sir William Cash]

I refer to what has just been said from the Scottish nationalist Benches because in fact this is about the United Kingdom, which made the treaty in the first place and abdicated its responsibility and its sovereignty, but is now reasserting its status within the United Kingdom. It is about parliamentary sovereignty, and it is also about democracy because that decision was taken by the British people in the full knowledge of the voters of the United Kingdom, not any one part of it.

[Paul Blomfield]

I take the hon. Gentleman’s point. We had a whole debate around sovereignty in which my hon. Friend the Member for Bristol West (Thangam Debbonaire) made some very astute observations, but the hon. Gentleman needs to recognise my underlying point: the decision of the general election is not a mandate to bulldoze through a particular version of Brexit at any cost on all the peoples of the United Kingdom, and the next few months must be approached with sensitivity and caution if we are to stay together as a United Kingdom.

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[Dr Philippa Whitford (Central Ayrshire) (SNP)]

I beg to move,

That this House declines to give a Third Reading to the European Union (Withdrawal Agreement) Bill because the Scottish Parliament has not consented to those parts of the Bill which encroach on devolved competencies, and because it fails to take into account the fact that the people of Scotland voted overwhelmingly to remain in the European Union; and further believes that the Bill is not fit for purpose as it continues to undermine the fundamental principles of the Scotland Act 1998 by reserving to the UK Parliament powers that would otherwise be devolved to the Scottish Parliament upon the UK leaving the European Union.

I congratulate you, Mr Deputy Speaker, on your new position in the big comfy chair—hopefully you have your feet up on the footstool.

I thank all the staff of the Public Bill Office and the Clerks for the support that they have given right across the House in helping to put the Bills together and in helping Members to draw up and submit amendments, which is no easy thing for many of us. They have had to do that through all the stages of Brexit legislation, and all of us should thank them for their work.

Despite all the understandable triumphalism after winning the election in England, we see in this Prime Minister’s deal the potential of a repeat of the Brexit saga of the last three and a half years, as through hubris he is making similar mistakes to his predecessor. She painted herself into a corner with her red lines before carrying out an economic assessment to decide what form of Brexit would be least damaging. There has been no economic assessment of this deal. The last one was in 2018, on the Chequers “cake and eat it” plan, which was such a fairy tale that we could hear the unicorns galloping down Whitehall.

The former Prime Minister launched the article 50 process, with its fixed end-date and the clock ticking all the time, without a scooby as to what the UK actually wanted to ask for from the EU. This Prime Minister has made it illegal to extend transition despite the fact that 11 months is a ridiculously short time to negotiate even a basic free trade deal, let alone the complex shopping list of the political declaration.

The former Prime Minister kept her cards close to her chest, so Parliament had no input or influence on the withdrawal deal as it developed. The removal of clause 31 from the Bill means that Parliament, and indeed devolved Governments, will have no influence on the future relationship with the EU, despite the impact on all our constituents and local industries.

The former Prime Minister was then terribly shocked that, when she finally produced her deal, it was such a flop, drawn like a lifeless rabbit out of a hat and rejected by those on both sides of the Brexit debate, including the current Prime Minister. Members of this House are being sidelined and can therefore only wonder what the future relationship will look like when it is eventually unveiled in December.

[Sir William Cash]

I say, first, how much I respect the hon. Lady. She sits on the European Scrutiny Committee, which I have had the honour to Chair for some time.

On the question of how the negotiations were conducted—as she knows, we have been conducting our investigation into that—a very important point that we made was that the terms and conditions were set by the European Union and accepted by the UK. That will change now because of the general election result—I just thought that I would make that observation.

[Dr Whitford]

I thank the hon. Gentleman for his contribution. I think that the tone was set when we saw the former Brexit Secretary, the right hon. Member for Haltemprice and Howden (Mr Davis), turn up to the first meeting with not a piece of paper in his hand to meet the EU negotiators. That was rather naive.

Early in her premiership, the former Prime Minister spoke of consulting across the House, and across the UK, before she went to Europe, but she never did. This Prime Minister has sought no common ground, within this Parliament or with the devolved nations, despite the fact that two of them voted to remain.

Brexit was never defined during the referendum. Indeed, Nigel Farage and some of the most ardent Brexiteers suggested that of course the UK would stay in the single market—that it would be madness to leave. They just wanted to get back to a common market.

The Scottish Government’s report, “Scotland’s Place in Europe”, put forward as early as December 2016— three months before the article 50 letter was sent—the compromise proposal that the UK should stay in the single market and customs union. With a 52:48 referendum result, that might even have provided the basis of a compromise between leavers who did not want closer political union and remainers who wanted to keep as many EU benefits as possible. However, if England and Wales wanted to diverge further, the proposal was that Scotland and Northern Ireland should be allowed to stay in the single market and customs union, which would have respected how those nations voted.

Sadly, the proposals were dismissed by the Government out of hand, and the fact that 62% of Scottish voters voted to remain has been completely ignored, with no quarter given and no compromise offered. Indeed, Scotland and the majority of her elected representatives have been treated with growing disrespect in this place over the last three and half years. I gently point out that we do actually have television and the internet in Scotland and that this is being seen by the Scottish people.

Our request for a devolved or, at least, regionalised immigration process after Brexit has also been dismissed, despite Scotland’s demographic need for immigration. We have to be able to ensure that EU citizens, who have made their home in Scotland—including my other half—can stay without being exposed to the notorious hostile environment of the Home Office, but, in future, we also need to be able to attract immigrants from Europe and across the world. With the risk to our public services and key industries such as tourism and farming, and the threat of depopulation in the highlands and islands, this UK Government are certainly not acting in Scotland’s interests.

The UK Government have already taken the overall power to set the rules in 24 areas of devolved competence. All that the Scottish and Welsh Governments requested was that any new UK frameworks should be agreed rather than imposed, but the Tory Government refused—hardly the respect agenda that we used to hear so much about. With the inclusion of fishing, farming, food standards, food safety and food labelling, as well as public procurement, it is clear that this is about being able to tie up Scotland and sell it out in a trade deal. This power grab already drives a coach and horses through the Scotland Act 1998, but in voting down yesterday my simple amendment to protect the devolution Acts from sweeping delegated powers we saw a Government taking power to alter the devolution settlement without even parliamentary scrutiny.

Last night, the Scottish Parliament voted by 92 to 29 to withhold legislative consent from the Bill, due to the risk that it poses to Scotland and the current devolution settlement. Ignoring this voice and riding roughshod over the legislative consent process after 20 years of devolution will undermine the very Union that Conservative Members protest to hold so dear.

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

I heartily congratulate you on your re-election, Mr Deputy Speaker, and I wish you and the new team the very best of luck in your endeavours as you work with the new House.

I congratulate the hon. Member for Central Ayrshire (Dr Whitford) on her speech. She made her points very well, but she will not be surprised that I disagree with virtually every single word. Above all, I disagree with her attitude and the gloom and the misery on the Opposition Benches, when I see this as a day of great celebration.

I also congratulate the hon. Member for Weaver Vale (Mike Amesbury) on coming top of the private Members’ Bill ballot today; I hope he chooses a subject that gets agreement across the House. A long time ago, in 2005, I came 16th in the ballot. I must acknowledge the part played by my near constituency neighbour, my hon. Friend the Member for Stone (Sir William Cash). He and I worked together closely drafting a private Member’s Bill, the European Communities Act 1972 (Disapplication) Bill, in which was used the memorable “notwithstanding” phrase, in clause 1(2):

“This subsection applies to any enactment which includes the words: ‘The provisions of this enactment shall take effect notwithstanding the provisions of the European Communities Act 1972.’”

[Sir William Cash]

Is my right hon. Friend aware that the wording of this Bill’s parliamentary sovereignty clause, clause 39, which is about to pass its Third Reading, is exactly the same as that in our private Member’s Bill and in the amendment I tabled in 1986?

[Mr Paterson]

With great prescience, my hon. Friend makes exactly the point I was about to make. Here we are, 15 years later, and, moved by the Government, the “notwithstanding” clause is going into law, subject to the other place being sensible. I pay tribute to him. He has been mocked, traduced and insulted, but he has stood for the simple democratic principle that members of the public, every few years, are given the opportunity to vote for individual human beings to come to this place and make laws. If those laws are satisfactory, they will get re-elected; if not, they will get booted out. They will be sent here to raise money by extracting it compulsorily, by law, from people’s bank accounts—that is what taxation is—and if that money is well spent, they will be re-elected; if it is not, they will be kicked out. It is an incredibly simple, basic idea. I find it staggering that we are still today listening to miseries from the Opposition Benches cavilling about this simple principle.

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[Pete Wishart (Perth and North Perthshire) (SNP)]

It is a real pleasure to see you back where you belong, Mr Deputy Speaker—in the Chair—and I congratulate you on your stunning success in securing that position. I think that we have a fantastic team of Deputy Speakers, and I look forward to serving under you for years to come.

I wish I could say that it is a pleasure and a privilege to follow the right hon. Member for North Shropshire (Mr Paterson), but it is not. I think that I represent the almost extreme other side of the Brexit debate. I usually say that it is good to speak in a Third Reading debate, but unfortunately I cannot say that either. This is something that the people of Scotland will very much regret and mourn. We are not “leaving” the European Union; we are being taken out of the European Union against our national collective will, and believe me, Mr Deputy Speaker, that is something that will not stand.

As is conventional on Third Reading, I shall offer my congratulations to a series of speakers. I congratulate the Secretary of State—who has just departed—and his team on getting the Bill through the House of Commons. He is the one Secretary of State to be actually attuned with his Prime Minister, unlike a succession of others who did not quite see to eye with their Prime Ministers and the direction in which their Brexit was travelling. I also pay tribute to all the Opposition teams, and, in particular, to my hon. Friend the Member for Central Ayrshire (Dr Whitford), who has just assumed her new role and who, as always, has led our debate with such distinction and articulateness.

The people I most want to congratulate, however, are the real winners of today, the hard Brexiteers and the Farageists. Their success has been total, brutal and absolute. Not only have they managed to secure the hard Brexit that they have craved for years, but, with this Bill, they have kept in place the bullseye, the gold standard, of all hard Brexits—the possibility of a no-deal departure from the European Union. Their anti-European obsession will be quenched today: insatiable lifetime ambitions of wrenching this country out of the EU will be realised. Their victory is even more impressive because they started as a small, insignificant, cult-like fringe on the edge of the Conservative party. Such is their tenacity and commitment to the cause that they have now gone mainstream. Just one generation ago they were the B-A-S-T-ards of John Major folklore. Now they run the country. Their commitment to the cause has been so absolutely determined that they were prepared to bring down their own Prime Ministers to get their way—[Interruption.] And I shall give way to one of them now.

[Sir William Cash]

I thought it might be helpful if I could distinguish ourselves from what the hon. Gentleman described as the Farageists, for the simple reason that UKIP and now the Brexit Party were never going to form a Government. They could therefore never negotiate, nor could they legislate and nor could they deliver Brexit. They have now been reduced to dust by the decision that was taken by the British people, including in Labour leave marginal constituencies. It is the Conservative party that has now come back into its own and is doing the right thing for the right reason in the national interest.

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[Pete Wishart]

My hon. Friend makes a good and concise point. I want to return to some of these issues, and I hope that he will come back in, because I think that this is worth being aired, discussed and debated in this House. It is an important key issue—[Interruption.] I can tell that the high priest wants to come back in again, and I will obviously indulge him.

[Sir William Cash]

The Maastricht rebellion took place in 1992-93, long before either UKIP or the Brexit party was even really thought of.

[Pete Wishart]

There is a fascinating journal, account and book to be written about this, and I am looking forward to the hon. Member’s memoirs after all this.

I want to pay tribute to some of the other people who have won today, in the great victory of this Brexit. I know that the Conservatives will, uncharitably, not do this, but somebody has to congratulate Nigel Farage. It is his vision that has been realised today. Without Nigel Farage, there would be no Brexit. Without the pressure that was put on the Conservative party from whatever incarnation of his party existed at the time, there would not be the hard Brexit that they are all celebrating today. Come on, Conservatives—give the man a peerage, for goodness’ sake! He, more than anybody else, deserves it. And wouldn’t it be comedy gold for a man who rails against unelected politicians to be given an unelected place in the legislature? Please do it, just for the comedy value.

We are not just passing a piece of legislation today. We are actually entering into a new age, a new epoch: the age of hard Brexitism. Everything that this House does from this point on will be informed and directed by this new atmosphere, culture and direction of the United Kingdom. I am trying to think of a poster boy for the new hard Brexit age, and the only thing that comes to my mind is the right hon. Member for Rayleigh and Wickford (Mr Francois) in combat casuals flying a Spitfire to the sound of hope and glory heading straight to the ground because his aircraft has suffered engine failure. That is the image that comes to mind in the new Brexit age, and God help us as we go forward. It is viciously right-wing and isolationist, and takes no account of the views of anywhere else around the whole world today. It is this new age of hard Brexit that we are now entering into.

I am looking around for some of the other hon. Members on the Conservative Benches. Obviously the right hon. Member for North Shropshire is here, but I am looking for the newly knighted dark lord of Brexit austerity, the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith). He is not in his place, and neither is the right hon. Member for Wokingham (John Redwood), who so excited us with his tales of English nationalism. None of them is here, but all of them have to be congratulated. They are now the mainstream of the Conservative party. They effectively manipulated what was a moderate centrist party to become this party of Brexit extremists. They booted out all the moderates; none of them is here now. There is no debate or discussion, or any sort of contradiction of the views of hard Brexiteers any more, because they have booted all the moderates out. This is the new Conservative consensus, and I hope that the party today in the Bulldog Club is generous and full of largesse, and that they very much enjoy it.

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[Sir William Cash (Stone) (Con)]

First, Mr Deputy Speaker, I congratulate you on your successful re-appointment. Thank you for everything you have done for us in the past.

I welcome the hon. Member for Putney (Fleur Anderson) to the House of Commons. Her speech was very measured. I do not agree with much of it, as she will expect, but it is a pleasure to have her in the House. I worked extremely closely with her predecessor, Justine Greening. The hon. Lady may not know this, but the International Development (Gender Equality) Act 2014, which I introduced as a private Member’s Bill, got through despite being 16th in the ballot largely because of the support I had from her predecessor, as well as Opposition Members and many others, including Glenys Kinnock and Mariella Frostrup. Justine Greening put real effort and determination into getting the Bill through and it was a real privilege for me to work with her. The purpose of the Bill was to make sure that women and children in the third world and developing countries were protected against female genital mutilation and things of that sort. In saying all that, I want to make it clear that there is a degree of continuity of some sort between the hon. Lady’s speech and mine, although I have to dissociate myself from remarks of hers on which I will not comment right now.

I always enjoy speeches by the hon. Member for Perth and North Perthshire (Pete Wishart)—they are such fun. He comes at us 100% and there is never any let-up. I pointed out that we Maastricht rebels—I had the honour to lead that rebellion in 1992-93—acted as we did because for us it was about democracy and the benefits that will now come to us as we leave the European Union. The European Union was going to take the democratic decision making of this country and hand it over to what was, in effect, a European government. As I said yesterday, parliamentary sovereignty and democracy run together. We are not “hard Brexiteers”; we are democrats. We are people who believe that this country should be governed by the people, that people should be governed by themselves, and I would have thought that SNP Members, above all others, understood that.

[Angus Brendan MacNeil]

Will the hon. Gentleman give way?

[Sir William Cash]

In a minute. It may surprise the hon. Gentleman to hear that, while I am a fervent believer in the United Kingdom, which includes Scotland, Northern Ireland, Wales and England, I do understand, for reasons not far removed from my reasons for wanting the UK not to be subjugated to the European Union, why the hon. Member for Perth and North Perthshire and his colleagues indulge this passion—understandable but wrong—for leaving the United Kingdom. I understand where they are coming from, so to that extent I appreciate some of the remarks he made, but I disagree fundamentally regarding the outcome they desire. It would lead to a lot of trouble for Scotland were it to leave the United Kingdom, as the referendum demonstrated.

The European Union (Withdrawal Agreement) Bill is not just about Brexit. It is primarily about the United Kingdom and our future. The reason why we adopted the position we took on Maastricht, and later on Nice, Amsterdam and Lisbon, and in the debate of the past few years and on the referendum, hinges on one simple principle: the ability of the people of this country to govern themselves through their elected representatives on the basis of their free choice in general elections. We are not little Englanders or trying somehow to make our country less democratic. We fought this battle for democracy and the rights of our own people, our own voters. That is why I am delighted that we now have a significant majority and will be able to put into effect the right of the British people to govern themselves through a range of policies, unconstrained by the European Union and the European Commission.

[Angus Brendan MacNeil]

The argument the hon. Gentleman is making about voters getting who they vote for and governing themselves is pertinent in Scotland. His party have been rejected by 75% of the people of Scotland. We have an unelected Tory Government governing Scotland. Surely he sees the justice of being able to ask the Scottish people whether they want to continue with a Government that 75% of them have rejected, and what they want to do about the European Union, where 62% of them want to remain.

[Sir William Cash]

If the people of Scotland ever were to obtain independence and stay in the European Union, the extent to which they would be subjugated in a range of areas—fishing and many others—would become very apparent to them. That would be extremely damaging to the Scottish economy. Through the qualified majority votes of other countries, Scotland would find that, as a relatively small country, the experience would not be at all advantageous.

[Sir Charles Walker (Broxbourne) (Con)]

Is it not so nice, after so much anguish over the past three years, that tonight we are at last delivering on the result of this referendum, a democratic vote that we are now respecting?

[Sir William Cash]

I so much agree with what my hon. Friend has said, because he has been with us right the way through the passage of this over the past decade and more. People on this side of the House have fought, sometimes against the establishment, in order to achieve this objective. I can only thank the British people with all my heart for the decision they have taken. We have been the catalysts. We have tried to present the arguments. If the hon. Member for Perth and North Perthshire is right at all, it is about the fact that there has been a victory in the general election: the British people have spoken and they have supported the idea of leaving the EU, and we will do so accordingly on 31 January.

I wish to make a further point. The decision to leave was taken by the British people, but not on a party political basis. The argument in this House always gravitates around party politics, but the decision in the referendum was taken by the British people in their individual homes; at breakfast or on the night before they sat around and talked to one another, asking, “What are we going to do tomorrow?” They made that decision but then found that remainer MPs, whether on the Opposition Benches or even on our Benches, were repudiating the decision that the individual voters had made, whether they came from Labour, Liberal Democrat or, more likely, Conservative constituencies. They deeply resented the fact that they had decided, with their families, to go to the ballot box to vote to leave the EU in that referendum and then found, to their intense annoyance, fury and disappointment, that their Member of Parliament had used the position they had in this House to frustrate the decision that the people had taken. That is why so many Labour Members lost their seats. People in this House did not appreciate the fact that in Labour leave marginals—in particular, in places north of Coventry in coal and steel communities—the European Coal and Steel Community and the massive subsidies given to the other countries had deprived people of their livelihoods, with much of the collapse of the steel and coal industry being driven by the anti-competitive nature of the European Coal and Steel Community framework. If we were to take a map of the UK and superimpose upon it the coal and steel communities, we would see a direct correlation with the decisions taken in the general election, when people drove out Labour Members of Parliament because they were not doing what voters wanted them to do. They wanted to leave the EU, and the Labour Members who were driven out had refused to allow them to determine their own constituency and national interest. That is where the problem lies. The Labour party simply cannot bring itself, even now, to understand the feelings of the people north of Coventry and in other parts of the country who found that their own Member of Parliament had let them down.

There was a simple reason for the referendum: it was clear that the collusion between the two Front-Bench teams in 1992-93 would lead to our having to stay in the European Union and accept the Maastricht treaty. That was what the referendum was all about. We now have a huge opportunity, in a completely new environment where we take control of our own laws in this House in accordance with proper democratic principles, to create a new global trading relationship to ensure that we are able not only to govern ourselves but to work in co-operation with other countries on our own terms, not on the terms that were laid down by the European Union. I look to the Secretary of State in the full knowledge that he and the Prime Minister, and any other Ministers involved in developing policies on the European Union over the next year or two, will do so on our terms and conditions and not those imposed upon us by the European Union.

This is a great moment in our democratic history; furthermore, it is a great tribute to the British people, who listened to the arguments that were presented to preserve their democracy. I have said this before and I will never apologise for saying it: the decisions were taken for democratic reasons. That is why we have ended up getting back our sovereignty, which we abdicated in 1971, after which we gradually gave up the veto. We will now be able to govern ourselves. It is a great tribute to the British people, and to the Members of Parliament who were returned in the election, that they will, through the majority we now have and with our Prime Minister, guarantee that this country will have a bright and effective future.

European Union (Withdrawal Agreement) Bill

William Cash Excerpts

Committee stage & Committee: 1st sitting: House of Commons & Committee: 1st sitting
Tuesday 7th January 2020 Commons Chamber

[Steve Barclay]

The hon. Lady raises an important point. I do not want to stray too far into the second grouping in Committee, which is indeed on citizens’ rights and which the Security Minister will address, but what this Bill is doing is securing the rights of EU citizens within the UK and indeed the rights of UK citizens in the European Union, because we value the contribution that those EU citizens make to the UK. They have chosen to make their homes here and to bring up their families here, and their rights are protected. That is one of the reasons that I urge Members on both sides of the House to support this Bill.

[Sir William Cash (Stone) (Con)]

During the transitional period, laws will be made in the European Union that we will be expected to obey. Does my right hon. Friend agree, however, that clauses 29 and 38—one of which deals with the review of legislation through the auspices of the European Scrutiny Committee, where we will be affected by our vital national interests being undermined—provide good protection for the United Kingdom’s national interests? Secondly, does he agree that the question of parliamentary sovereignty in clause 38 will complement that by ensuring that the whole process of legislation under the withdrawal agreement will not affect the continuing sovereignty of the United Kingdom Parliament, and that this therefore effectively provides a double lock on the rights of this House as we leave the European Union?

[Steve Barclay]

My hon. Friend is absolutely right to signpost those two safeguards being put in place, in which he played a significant part, but I would say that there are three. I will come on to the third, if I may slightly push him by making that correction. He is right to say that the European Scrutiny Committee, under his chairmanship, will have the right to trigger debates and scrutiny. Secondly, he has championed the clause dealing with the sovereignty of Parliament, which is set out clearly in the Bill. The third element that I would draw to his attention, which is within this grouping, is our legislating for the Government’s manifesto commitment not to extend the implementation period. That will ensure that there is no extension of the implementation period and will therefore ensure that there is no risk of a further one-year or two-year period during which the issue about which he was concerned in relation to those two other clauses could arise. So there are three protections, and not just the two that he mentioned.

[Sir William Cash]

Very, very good!

[Steve Barclay]

I am pleased that my hon. Friend signals from a sedentary position that he is content with that.

Ultimately, clause 1 will ensure that there is continuity in our laws during the implementation period and that our law continues to operate properly. It is therefore essential and must stand part of the Bill.

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[Paul Blomfield]

I had hoped for a better initial intervention. We are very clear that we accept that the general election has changed the landscape. The shadow Secretary of State for Exiting the European Union has made that position clear, other colleagues have made that position clear, and I will do so in my remarks. Government Members should recognise that, although under our electoral system the arithmetic in this place is very clear, the majority of the British people voted for parties that were not of the mind of the Conservative manifesto and wanted to give the British public a further say. I say that not to deny the reality of the voting in this place, but to urge Government Members to have some caution about the way that they approach this issue and claim authority from the British people.

[Sir William Cash]

Will the hon. Gentleman give way?

[Paul Blomfield]

I will of course give way. It is always a pleasure.

[Sir William Cash]

I am most grateful to the hon. Gentleman. I just wanted to clarify one thing. Labour Front Benchers and the whole Labour party—with few exceptions, if any—voted against the repeal of the European Communities Act 1972. First, does he confirm that that was the case—I do not think that he can deny it? Secondly, does that not make it clear that, back in 2018 when that Act received Royal Assent, they were refusing to accept the will of the British people and were against repealing the 1972 Act?

[Paul Blomfield]

I am always happy to confirm what is on the public record, but I would say that the Opposition were clear; we campaigned to remain in the European Union because we believed that it was the right thing for our country and for the continent that we share with the other members of the EU, but we accepted the outcome of the referendum and voted to trigger article 50. We believe that there would have been the possibility both of winning an overwhelming majority in this House and of uniting the British people around a departure from the European Union that reflected the 52:48 vote of a divided country in 2016—a decision that would have taken us out of the European Union while remaining close to it, aligned with the single market, in a customs union, and continuing to be part of the agencies and partnerships that we have built together over 46 years. That sort of deal was available and it was Government Members who denied it.

We voted against the Bill on Second Reading because we believe that the withdrawal agreement is a bad deal for the UK, just as we voted against previous withdrawal agreements. When Government Members point fingers, it is worth remembering that we were not alone in that. Albeit for very different reasons, many Government Members, including the Prime Minister, voted more than once against getting Brexit done—on the terms of the previous Prime Minister’s deal and for his own reasons.

Checks on Goods: Northern Ireland and Great Britain

William Cash Excerpts

Thursday 24th October 2019 Commons Chamber

[Stephen Barclay]

A moment ago, the right hon. Member for Belfast North (Nigel Dodds) raised the very correct point about the importance of the trade from Northern Ireland into GB, and how much more of that there was compared with trade from Northern Ireland into Ireland and the EU. The hon. Gentleman will be aware that, for those fishing vessels, as for other goods, there are no tariffs applied in terms of NI into GB, nor will there be any tariffs in terms of those who land their catch back into NI. We are dealing with a subset, which is where it goes into the EU.

[Sir William Cash (Stone) (Con)]

Does the Secretary of State acknowledge that the matters that are being discussed are a symptom of a very serious problem that we need to resolve by good will and negotiation and with regard to the constitutional status of Northern Ireland? In that context, I urge him to listen carefully to the arguments not only from those in the Democratic Unionist party, but from our Back Benchers who realise that this is a matter of such importance that it absolutely requires 100% attention from the Government.

[Stephen Barclay]

My hon. Friend rightly raises the point about the constitutional status of Northern Ireland. He will know that the text specifically says that there must be regard to

“maintaining the integral place of Northern Ireland in the United Kingdom’s internal market”,

and there is specific reference to its “constitutional status”, so he is absolutely right about that. He is also right in his recognition that these issues need to be addressed in the context of the future trading relationship that will be reached between the UK and the EU, and we have set out our ambitions for that. We are trying to address the period ahead of that, but we have the implementation period and we are confident that we can get a free trade agreement in place on the timescale that applies—to December 2020. That, as he rightly identifies, then addresses the points in his question.

European Union (Withdrawal Agreement) Bill and Extension Letter

William Cash Excerpts

Monday 21st October 2019 Commons Chamber

[Stephen Barclay]

I think it is somewhat ironic to hear a question about changing minds from a member of the Liberal Democrats, who were the first party to call for an in-out referendum, and who now want a people’s vote on the basis of ignoring the people’s vote that we have had.

[Sir William Cash (Stone) (Con)]

The urgent question was asked by the Leader of the Opposition, which was somewhat unusual. May I refer my right hon. Friend to a Bill that was introduced in 1997 in the name of the Leader of the Opposition, along with that of the right honourable Tony Benn? That Bill stated:

“Sections 2 and 3 of the European Communities Act 1972 are hereby repealed.”

It also stated that the European Court of Justice shall have no effect in the United Kingdom.

Does my right hon. Friend recall the number of times—which, as far as I am concerned, was indefinite—when the Leader of the Opposition went through the Lobby with me on every single instance relating to European matters? Does he accept that this demonstrates not merely a monumental U-turn, but a monumental lack of memory and lack of understanding of what the withdrawal Bill is all about, and of the referendum itself?

[Stephen Barclay]

My hon. Friend has always stuck to his principles; the reality is that the Leader of the Opposition cannot even stick to his own manifesto.

European Union (Withdrawal) Acts

William Cash Excerpts

Saturday 19th October 2019 Commons Chamber

[Sir William Cash (Stone) (Con)]

For me, this has been quite a long journey. I want to say straightaway and very simply, having given a great deal of consideration to the issues discussed in the past few weeks and having had the opportunity to discuss them with Ministers, in No. 10, in our groups and in various other places, that I have come to the conclusion that we must support this deal.

I would go further, though I say this with great concern and respect for the DUP, because I know that elements of the deal do fall short—I still regard article 4 as a serious problem. I am glad that the Prime Minister responded as he did today with a personal assurance that he would ensure that parliamentary sovereignty was recognised in the Bill, notwithstanding the provisions that otherwise apply under the withdrawal agreement and article 4. Furthermore, he guaranteed that, where the vital interests of this country were affected, the European Scrutiny Committee would have the opportunity to ensure that the House could consider and vote on questions that so arise. I will not enlarge on that now because it has not been entirely finalised—the Bill has not been published—but there are signs of very great progress in that regard. This is about the principle of sovereignty and consent.

I also believe that Northern Ireland will benefit if the Select Committee procedures are followed along the lines I am proposing. Northern Ireland Members could give evidence to the Committee about how this is operating for them, and then, assuming all goes well with the Bill, there could be an opportunity for a vote on the Floor of the House. I wanted to make that point clear now because this is an historic moment, and a moment we have to seize. Let us get out on 31 October—no second referendum, no revocation of article 50. Let us get Brexit done, have a general election and sort this out once and for all.

--- Later in debate ---

[Sir Oliver Letwin]

rose—

[Sir William Cash]

rose—

[Mr Speaker]

Of course I will come to the hon. Member for Stone (Sir William Cash) momentarily. I call Sir Oliver Letwin.

--- Later in debate ---

[Mr Speaker]

I am grateful to the right hon. Gentleman.

[Sir William Cash]

rose—

[Mr Speaker]

I hope the hon. Gentleman will take it in the right spirit if I say that, having known him for more than 20 years, I feel that our proceedings would not be complete without a point of order from the Chair of the European Scrutiny Committee. [Interruption.] Somebody is suggesting a Division, but I will not allow one on that matter.

[Sir William Cash]

Further to that point of order, Mr Speaker. There is much talk about the law of the land, but the law of the land as it stands at this moment in time is quite simple. Section 1 of the European Union (Withdrawal) Act 2018 categorically states:

“The European Communities Act 1972 is repealed on exit day.”

That is 31 October—just in case anyone cannot read.

[Mr Speaker]

I am always grateful, and I am sure the House will be indebted to the hon. Gentleman for his legal exegesis. There are other views on that matter, but he has registered his with his customary force.

Compliance with the European Union (Withdrawal) (No. 2) Act 2019

William Cash Excerpts

Thursday 26th September 2019 Commons Chamber

[James Duddridge]

The right hon. and learned Gentleman says that we are at a low point. I agree. One of the reasons we are at a low point is that we asked the public for their views, and now Parliament is ignoring their views. We do have a responsibility—the whole Government have a responsibility—to unite, but not necessarily to unite this Parliament. Our responsibility is to unite the country behind the decision that the country has taken.

The right hon. and learned Gentleman asked me specific questions about 19 October. The Government will obey the law on 18, 19 and 20 October, and will always do so.

[Sir William Cash (Stone) (Con)]

The issue of compliance raises a very simple question. I say this to the right hon. and learned Member for Holborn and St Pancras (Keir Starmer): it is by no means certain that the law of the land is reflected in the passing of the European Union (Withdrawal) (No. 2) Act, because there is an apparent inconsistency between that Act and the European Union (Withdrawal) Act 2018. I have no time to go into the details, but the reality is that compliance is not just a simple question. It is a matter of grave importance in terms of which law is the law of the land.

[James Duddridge]

I thank my hon. Friend for advancing that argument. I think that the House will be grateful if I take it outside the House and have a detailed discussion with him, rather than detaining the House when it is dealing with urgent questions.

It appears that that was one of my more popular answers.

European Union (Withdrawal) (No. 6) Bill

William Cash Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons
Wednesday 4th September 2019 Commons Chamber

[The Chairman of Ways and Means (Sir Lindsay Hoyle)]

Order. To help the situation for Members, nothing has been selected for votes as yet, so let’s hope that people will be happy.

[Sir William Cash (Stone) (Con)]

The question I raise in this series of amendments relates in particular, as I said in my brief speech just now, to the extent to which the United Kingdom is put under a duty—an obligation —to be subservient to the European Union. I find this Bill deeply offensive for that reason alone, and, as I said earlier, our whole parliamentary constitutional arrangement is based on the fact that we make decisions in general elections by the free will of the British people in a secret ballot. When those decisions are taken and the results come out in the respective constituencies and a majority or otherwise is arrived at to decide upon the composition of this House of Commons, that is a free Parliament based on a secret ballot and on the free choice of the British people.

I believe that we are heading for a general election, and I think that that will sort out a lot of the problems we are currently experiencing with this Bill and, indeed, in relation to the whole question of satisfying the decision taken by the British people in the referendum, and indeed by this House on frequent occasions with the referendum Act itself by six to one, the notification of withdrawal Act by 499 to 120, and then again the European Union (Withdrawal) Act 2018. Every single Conservative MP voted for that Act, which clearly stated that we would leave the European Union and repeal the European Communities Act 1972 on exit day, which is 31 October. That is categorically the law of the land, so the whole concept of our democracy, which is somehow or other being subverted by this Bill, is actually already in place; this has been decided and I see absolutely no justification whatsoever for seeking to reverse it. I also see no justification for reversing the votes that my hon. Friends have themselves already cast over and over again in favour of not only the referendum Act—it was also in the manifesto—but the notification of withdrawal Act, and the withdrawal Act itself?

So I can see no justification for the majority in this House, because although this measure scraped through by 29 votes, we know where the votes came from. There is no doubt about it; they came from former Conservative Members of Parliament, and some who are unfortunately —I think by their own choice—in a position where they have had the Whip taken away from them.

I regret that; I saw it happen on a previous occasion with the Maastricht treaty, although it did not happen to me personally, but I can only say that if you live by the sword, you die by the sword.

[Sir Oliver Letwin (West Dorset) (Ind)]

indicated assent.

[Sir William Cash]

My right hon. Friend nods his head, because that is true, and that is how it goes.

[John Redwood]

But is not the fundamental unacceptable point about this piece of draft legislation the way in which it allows the EU to dictate to the United Kingdom and the Prime Minister any terms it likes and leaves us no bargaining position whatsoever?

[Sir William Cash]

That is absolutely right, and that is why, in my short speech earlier, I said that this should be called not the European Union (Withdrawal) Bill but the European Union (Subservience) Bill. This is a subjugation, and we have experienced this. That is why I called on the previous Prime Minister to resign. We had a capitulation on 11 April; we had a flurry of points of order, then we had a statement that afternoon, at which point I asked her whether she would resign, because she had capitulated. This Bill is a mirror image of that, but in a way it is even worse, because it places a legal duty on the Prime Minister—enforceable by judicial review if it came to it—to carry out this act of political suicide. Members on the Opposition Benches really ought to reflect on the full extent and nature of the subservience, subjugation and vassalage that they are putting the United Kingdom in. It is a total and utter disgrace. It flies in the face not only of the referendum result itself but of section 1 of the European Union (Withdrawal) Act 2018, which specifically states:

“The European Communities Act 1972 is repealed on exit day.”

Exit day is prescribed as 31 October.

I want to add another point, which is about money. Does the self-indulgence of the people who voted for this bear in mind the fact that every single month that has gone by since the end of March, when we should have come out, is costing about £1.2 billion? Every time they go in for this self-flagellation and this unbelievable determination to extend the period of time—for no purpose whatsoever, because they will never come to an agreement—it is costing the British taxpayer, the people we represent. This is a denial of the democracy that they expressed in the referendum, which we in this House specifically gave to them to decide. We did not say, “Oh, we’re giving you this right under the European Union Referendum Act 2015 to make a decision on whether we stay or leave, but actually when it comes to it, if we don’t like the outcome, we are going to turn turtle on you and reverse that decision in Parliament.” Parliament, by a sovereign Act that is still on the statute book, gave the right to the British people undeniably and deliberately to make that decision of their own account, and not ourselves.

An astonishing illustration of what I am saying is to be found in clause 3(2) of the Bill, which states:

“If the European Council decides to agree an extension of the period in Article 50(3) of the Treaty on European Union ending at 11.00 pm on 31 October 2019, but to a date other than 11.00 pm on 31 January 2020, the Prime Minister must, within a period of two days beginning with the end of the day on which the European Council’s decision is made, or before the end of 30 October 2019, whichever is sooner, notify the President of the European Council that the United Kingdom agrees to the proposed extension.”

This is the enforceable duty. This is the insane provision that is being imposed on us in defiance of our constitutional arrangement that decisions are taken not by individual Members of Parliament in a private Member’s Bill but by the elected Government, in line with the referendum decision. So the Prime Minister would be under an obligation within a period of two days—beginning with the end of the day on which the Council’s decision is made, or before the end of 30 October 2019, whichever is sooner—to notify the President of the European Council that the United Kingdom agreed to the proposed extension. So, it is not just that we are going to be saddled with a decision on an extension to 31 January 2020 to the cost of something well over £3 billion, because if the Council agrees, we would then be under an obligation to accept whatever date it puts forward, being a date other than a period ending 11 pm on 31 January 2020. It is strange to say that I have not heard that point being explained by the proponents of this Bill. I heard the right hon. Member for Leeds Central (Hilary Benn) giving a description on Second Reading of what the Bill is about, but I did not hear him say what I have just said. I would like him to get up and deny it if what I have just read, which is in the text of the Bill, is wrong.

[Hilary Benn (Leeds Central) (Lab)]

I did directly address that question in my speech on Second Reading, but the hon. Gentleman has not read clause 3(3), which explains the circumstances in which subsection (2), to which he has such objection, would not apply.

[Sir William Cash]

I do not think that that is really an excuse, because the reality is that this is the decision—[Interruption.] I will read out the subsection to which the right hon. Gentleman just referred. It states that

“subsection (2) does not apply if the House of Commons has decided not to pass a motion moved by a Minister of the Crown within a period of two calendar days beginning with the end of the day on which the European Council’s decision is made or before the end of 30 October 2019, whichever is sooner, in the following form—

‘That this House has approved the extension to the period in Article 50(3) of the Treaty on European Union which the European Council has decided.’”

However, the likelihood of that not happening is absurd. I really do think that this is just another example of the kind of obfuscation which this Bill provides in almost every clause. In fact, it is not just obfuscation, because it drives a coach and horses through the way in which we should be and have been governed.

[Mr Duncan Smith]

A valuable point was raised earlier that also explains how this Bill is problematic, which is that clause 3 assumes that the EU would in some way make a conditional offer. However, the EU is in control of whether it makes any kind of offer—conditional or not—so the Bill hinges on the EU’s ability or desire to do that, which of course probably will not happen, and it is not meant to, anyway.

[Sir William Cash]

That is true. Indeed, we had all this back in April when, if one looks at the text of the decision and the manner in which it has taken, one can see that it was hedged with certain conditions. What is going on here is that this Bill is driving us to do something that is in complete contravention to the decision that has been taken already in section 1 of the European Union (Withdrawal) Act 2018, which itself implements the decision that was taken by the British people. This Bill undermines the referendum, it undermines the law of the land as expressed in section 1 of the 2018 Act, and the commencement order has already been made.

I pay tribute to my right hon. Friend the Secretary of State for Exiting the European Union for bringing in that commencement order, which makes things a done deal. We are now in a position whereby we have repealed the European Communities Act 1972, subject only to the fact that the law of the land says that that will have effect on 31 October. This Bill is a monstrous piece of legislation designed to turn inside out not only our constitutional arrangements, but the decision of the British people in the referendum and Government policy.

The Prime Minister established another important point in his leadership election result. He got two thirds of the parliamentary Conservative party to vote for him, and he got two thirds of the grassroots—the associations—to vote for him. If ever a Prime Minister had a mandate to make such decisions within the framework of the Conservative party, it is there, which is another reason why I take exception to the fact that this Bill is going through because a number of colleagues—I am sorry to have to say this, because it is a sad business—are flying in the face of the mandate that the Prime Minister got within the framework of the Conservative party.

There is no doubt whatsoever that, within the framework of our constitution—and I will conclude with these words—it is simply monstrous that we should be put in a position where a judicial duty is imposed on the Prime Minister to make a decision under the terms of this Bill. Frankly, I find it inconceivable that anyone could possibly vote for it.

[Sir Christopher Chope (Christchurch) (Con)]

It is a pleasure to follow my hon. Friend the Member for Stone (Sir William Cash) who, as always, is on the side of the optimists rather than the defeatists.

Listening to the hon. Member for Aberavon (Stephen Kinnock), with whom I have had the pleasure of serving on the Brexit Committee, I fear he is a pessimist in this. He thinks we need a compromise, but he does not talk about the need for the European Union to compromise. He talks only about the need for the United Kingdom to compromise, in the face of a clear commitment by the British people to leave the European Union.

I will speak briefly to the amendments in my name and in the name of my right hon. and hon. Friends. Three years ago, the people of the United Kingdom instructed us, with the largest democratic mandate in our history, to obtain a divorce from the European Union and, in March 2017, Parliament accepted that instruction by giving notice under article 50 of the EU treaty.

Article 50 makes provision for an amicable divorce or for a divorce without agreement. In a traditional divorce to dissolve a marriage, both parties accept the irretrievable breakdown and try to agree sensible future arrangements, but the EU has never accepted Brexit. The EU and its institutions do not want a divorce. If there was any doubt about that, it has been made clear to us on the Brexit Committee whenever we have visited the European institutions and their leaders that the EU is just hoping and praying that Brexit will go away and that we will remain in the European Union.

They do not want a divorce, so their motivation is to contest that divorce by putting forward unreasonable and unacceptable terms that offer us only a punishment deal. My right hon. Friend the Member for Maidenhead (Mrs May) anticipated that in her Lancaster House speech, in which she said she feared that that might be the approach of the European Union, that it would be intent on offering us a punishment deal.

That is exactly what the EU has done, and the only alternative to a punishment deal under article 50 is no deal. Unless amended, this Bill will remove even that option, which enables us to put pressure on the European Union to come to the negotiating table to talk about a better deal.

As my right hon. Friend the Leader of the House said yesterday, this is a dreadful deal that has already been rejected by the House on several occasions. With this Bill, are we really going to be left with the options of either no Brexit or Brexit in name only? That is essentially what we are talking about tonight.

The United Kingdom’s freedom to divorce under article 50 is constrained by this Bill by being made subject to an EU veto that enables the EU to block Brexit, effectively indefinitely, unless or until the UK reneges on the decision of a referendum. The Bill removes any incentive for the EU to negotiate, which is why the Prime Minister is right. If this Bill passes tonight, we will take away from him any opportunity to negotiate. All he could do is be a supplicant at the table of the European Union. In effect, this would be an example of modern international slavery, where we are imprisoned by the EU with no reasonable way out.

--- Later in debate ---

[John Redwood]

Yes, take control of our laws. [Laughter.] That is what we are arguing about today. I am explaining the extreme irony that this Parliament, which claims to believe in democracy, is deliberately trying to thwart our democracy by denying the result of the democratic decision that was made by the people, and that we said was theirs to make; and that this Parliament is trying to overturn the promises that many candidates—on the Labour side, in particular—made in the general election of 2017, and that they seem to have forgotten now that they are Members of Parliament.

[Sir William Cash]

I noticed the laughter from the Scots Nats at what my right hon. Friend said. In view of the very good sense that he was speaking, I invite the House to consider this. Is it not the case that under the withdrawal agreement, during the transition period, decisions will be taken by the Council of Ministers to impose obligations and laws on the United Kingdom without our even being there, without any transcript, without any Hansard and almost invariably by consensus? Is not the whole thing a massive racket, the object of which is to put us in a state of subjugation—

[The First Deputy Chairman of Ways and Means (Dame Eleanor Laing)]

Order. Sir William, thank you, but we are running out of time.

European Union (Withdrawal) (No. 6) Bill

William Cash Excerpts

2nd reading: House of Commons
Wednesday 4th September 2019 Commons Chamber

[Hilary Benn]

I have not had a chance to read the final version, and it will be tabled with the Clerks during this Second Reading debate, but I am aware of the intention of the amendment and I completely understand what my hon. Friends are trying to achieve. We cannot continue to delay taking a decision, and I shall come back to that point later in my speech. I will, of course, also listen to the debate that follows in Committee. I would just say that the Bill is deliberately open as to the purpose of the extension; it provides a framework for reporting and debate. As I have just pointed out, it is supported by right hon. and hon. Members who have already voted for a deal and would vote for one again. It is important that we focus on the principal purpose, which is to prevent a no-deal Brexit, and keep the coalition that shares that view together. I will have more to say about that—

[Sir William Cash (Stone) (Con)]

Does the right hon. Gentleman believe that, irrespective of the speed with which all this is being done, a matter of such importance should really be dealt with in the context of a general election?

[Hilary Benn]

There may well be a general election at some point, but this legislation needs to be passed. It needs to go through the other place and receive Royal Assent, and it needs to be given effect. In other words, we must secure that extension to article 50, otherwise there is a risk that the election would result in our leaving without a deal, which, as it may turn out at 7 o’clock tonight, is not what the House of Commons wants. We should respect the view of the House of Commons.

--- Later in debate ---

[Alistair Burt]

Absolutely. In my conclusion, I shall talk a bit about that and how we have got to reset, but the hon. Lady makes a good point.

Secondly, why do we want to avoid no deal? I will not repeat all the things that the right hon. Member for Leeds Central said, which are obvious; the economics are clear. For me, there are three reasons. The first is the threat to the Union. I am a Scot, my mother and father are from Scotland. I am a proud Scot. I am also British through and through. I could not believe a recent poll of Conservative members that said they would abandon almost anything, including the Union, providing they left the EU. I regard that as a terrible threat. We should not risk it.

My second reason is Ireland, which is treated by some here as some sort of irrelevance and a place that has made up the border issue to prevent us from leaving the EU. With our history in relation to Ireland and everything that happened there, it became our best friend in the European Union. Our choice to leave—our Brexit—has put Ireland in the most catastrophic situation of any country, and we now expect it to accept another English demand that it should do something. Have we no understanding of what that relationship means and the damage done?

My third reason for wanting to avoid no deal is the damage to Europe and the relationship with Europe itself. I grew up as part of the first generation to avoid war in Europe for countless hundreds of years. I arrived in the House of Commons when there were giants here such as Denis Healey, Willie Whitelaw and Ted Heath—people for whom Europe was the place where they and their friends had fought and died—and they wanted something different. That has always motivated me in my sense of Europe. Whether we are in the European Union or not, that relationship with Europe is clouded by the sort of language that the hon. Member for Wallasey (Ms Eagle) mentioned. I do not want to see that relationship threatened by a no deal.

[Sir William Cash]

Will he take a second intervention?

[Alistair Burt]

I have listened to the hon. Gentleman involuntarily for most of the years that I have been here—most, not all, because I went to campaign for him in his by-election of 1984. I have no wish to hear from him voluntarily. [Laughter.] Let me go on.

Thirdly, let me end where I began, as the Independent Member for North East Bedfordshire. I do not complain at the removal of the Whip—voting on an issue of confidence, I accept the rules—but I say to my colleagues: just think how this looks. Last week, the Conservative party lost Ruth Davidson, and George Young in the House of Lords resigned the Whip. This morning, we lost my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) and my right hon. Friend the Member for Runnymede and Weybridge (Mr Hammond) —who made the economy we were cheering just a few minutes ago. What are people going to think about what we have left and what we have lost? Some will have been very happy at the fact that some have been purged—purged. A few weeks ago, one of our colleagues retweeted an article in The Daily Telegraph that looked forward to the purging of remoaners in the Conservative party. That was disgraceful. I say to my colleagues, if we are being purged now, who is next? Watch a film called “Good Night, and Good Luck”, and you will take my point.

This may be the last substantive speech I make here as I am not standing again—and who knows when the election will come? I will leave with the best of memories of this place, friends and colleagues on all sides. The obsession that my party has developed may have sought to devalue my past as a friend of the EU, of our sister centre-right parties, and of many friends, and it may have curtailed my future, but it will not rob me of what I believe. I will walk out of here looking up at the sky, not down at my shoes. [Applause.]

--- Later in debate ---

[Sir William Cash (Stone) (Con)]

I want to refer briefly to the remarks of the right hon. Member for North East Bedfordshire (Alistair Burt). I simply want to explain very simply that I was going to intervene because he referred to the sacrifice that people had made in the last war and I want to put it on record that my father was killed in the last war, and I think I understand not only the issues involved in that, but also the fact that he fought for freedom, and I believe that that is our heritage, and that is what we should fight for—not to be governed by other people. I just leave that on the record.

I happen also to very much agree with my right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright) on what is an extremely rare occasion when somebody has actually explained, as I have a number of times, that there is nothing in this arrangement that has been foisted upon us that would prevent us from leaving without a deal. We can do so if we wish to do so, and there is nothing in the referendum Act, or any question in the Act, which constrains us from that course of action.

Fundamentally, I simply want to make the following point. I would not call this the European Union (Withdrawal) Bill; I would call it the European Union (Subservience) Bill. We have only to look at the words in the Bill, and in the very short time that I have available I will simply refer to a few of its phrases. Clause 1 says:

“The Prime Minister must seek to obtain from the European Council an extension of the period”.

Clause 3 states:

“If the European Council decides to agree an extension…the Prime Minister must, immediately after such a decision is made, notify the President of the European Council that the United Kingdom agrees to the proposed extension”

and so on.

Clause 4 says, in relation to the withdrawal Act of 2018 that, where regulations are to be made, for the definition of exit day

“for ‘may’ substitute ‘must’.”

This is a disgraceful reversal of our constitutional arrangements. We operate in a free Parliament where we have elections that are taken periodically—every five years as a normal rule—and we make our decisions. We have a system of parliamentary Government, not government by Parliament; that is a fundamental constitutional principle. This Bill offends that principle, and that is why I am deeply opposed to its proposals.