Parliamentary Scrutiny of Leaving the EU
William Cash Excerpts(7 years, 7 months ago)
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Sir William Cash (Stone) (Con)
I must say, in response to the right hon. Member for Doncaster North (Edward Miliband), that there are of course those who do not and never will accept the outcome of the referendum and who will use almost any means at their disposal to try to overturn it or mitigate the result, while constantly and disingenuously stating their respect for it. That is abundantly clear.
This historic vote was an emphatic vote to leave the European Union. That was what was on the ballot paper. It was clear, and it follows from the fact that we are going to leave the European Union that Brexit does not just mean Brexit; it means the repeal of the European Communities Act 1972, which incorporates and absorbs all the laws and all the judgments of the European Court and all the matters that have come into this House and been imposed upon us by the 1972 Act.
There has been some talk about the Conservative manifesto. I have it here, and I mention it because it is relevant not only to some remarks off by some of my colleagues but to the future conduct of this matter in relation to the House of Lords. Our manifesto states:
“For too long, your voice has been ignored on Europe.”
That was stated in 2015 and put to the British people. It further stated that the Conservative party would
“give you a say over whether we should stay in or leave the EU, with an in-out referendum by the end of 2017”.
It then qualifies that—the precise date of the referendum was not known in 2015—by making some perfectly reasonable comments. It commits in the meantime or in parenthesis, as it were—it does not say that, but that is what it implies—to
“keeping the pound and staying out of the Eurozone”,
which is fair enough, and to
“reform the workings of the EU”.
So long as we are in the EU, we obviously want to reform those workings, because it is
“too big, too bossy and too bureaucratic”.
It goes on to state that the party will
“reclaim power from Brussels on your behalf and safeguard British interests in the Single Market”—
and I should hope that we would during that interim period, and
“back businesses to create jobs in Britain by completing ambitious trade deals and reducing red tape.”
That is what the manifesto said, and it provided the basis on which not only the general election but the referendum took place. The words in the question were quite clear:
“Do you want to ‘remain’ in or ‘leave’ the European Union?”
Mr Kevan Jones
I do not disagree with that, but the hon. Gentleman has skirted over the fact that the manifesto on which he stood gave a commitment to remain in the single market. Where is that now?
Sir William Cash
It is clear from the wording I read out that safeguarding British interests in the single market applies to the intervening period between the result of the general election, the introduction of the EU Referendum Bill and the referendum itself. Indeed, we are going to have to continue to do that until we get to the later stage.
Nicky Morgan (Loughborough) (Con)
I must disagree with my hon. Friend. I have the manifesto with me, too, because I shall refer to it in my remarks. It very clearly states:
“We say: yes to the Single Market”—
and there is no mention in the wording that my hon. Friend cited of there being an interim period in which Britain remains in the single market.
Sir William Cash
My right hon. Friend has, I think, a slight problem here. I understand from remarks made by Members on both sides of the House that when we repeal the 1972 Act, as we intend to do, some will not want to resist it—I see my right hon. Friend nodding her head, for which I am grateful. It is simply not possible for us to be in the single market on the one hand and on the other hand repeal the laws that are implicit in the 1972 Act. We cannot be in the single market and repeal the jurisdiction of that Act.
Sir William Cash
I am not giving way for the moment. I am saying that we cannot both be in the single market and repeal the 1972 Act, whose laws are part of the jurisdiction of the European Court of Justice. I will give way now to the former Attorney-General.
Mr Grieve
My hon. Friend will doubtless agree with me that over the next three to four years we will get out of one treaty and replace it with at least another, if not a multiplicity of treaties—part of the 13,000 by which we are bound internationally at present. He might also agree that Norway provides an example of a country that participates in the single market without being a member of the European Union. Does that not completely destroy the argument that my hon. Friend has just put forward?
Sir William Cash
It does not, because I said implicitly that we would not be able to go into the European economic area for that very reason. The British people have spoken in the referendum, and everyone in the Chamber says that they respect the views of the British people, yet at the same time we hear these weasel words that somehow imply that it is possible to leave the European Union, repeal the European Communities Act 1972 and still remain within the jurisdiction of the European Court of Justice. That is just nonsense—political and legal nonsense.
Sir William Cash
I have given way enough for now, and I want to continue with what I have to say. I shall come back to this issue on another occasion, but my position is abundantly clear and correct: we cannot both be in the single market and repeal the 1972 Act.
What is the meaning of the answer to the question? It meant that, by the consent of the voters given by the sovereignty of this House, this Parliament agreed to give to the British people the right to transfer from Members of Parliament in their place today and beforehand to them the decision on whether we remained or left. That decision was taken by a majority of something of the order of 6:1. In my judgment, it is unseemly if not absurd for the same Members of Parliament to say, “Oh, well, we did not like the outcome of the result” and then to say “We are now going to mitigate or try to overturn it”.
Several hon. Members rose—
Sir William Cash
No, I am not giving way at this stage.
We are debating whether under the terms of this motion we will get a decision or a vote on the issue of trade negotiations before the triggering of article 50, so let me make this point, which is at the heart or at the least surface of the debate, about the Labour party and the Labour Government. No decision was taken by the then Labour Government to have a similar kind of condition imposed on the negotiating deal back in 1975, or indeed in October 1971. Neither in 1975 nor 1971 was there any attempt to prejudge the outcome of the negotiations, which I think speaks for itself.
Jack Dromey
The hon. Gentleman has accused Labour Members of being disingenuous and unseemly if we express concerns about the consequences of leaving the European Union. I represent the Erdington constituency, which is rich in talent but one of the poorest in the country. It is home to the Jaguar factory, which has doubled in size over the last five years and has transformed the lives of thousands of local people. It is absolutely correct for us to express their concern and that of the company that unless we remain in the single market, Jaguar Land Rover, which produces 1.6 million cars a year, 57% of which are exported to the European Union, and its workers will face very serious consequences.
Sir William Cash
I am so glad to hear the hon. Gentleman standing up for his constituents so well, which I always admire and try to do myself. In my constituency, about 65% wanted to the leave the EU; the hon. Gentleman referred to Birmingham, where the vote was also to leave. I hope that he will have due regard to what his constituents have said, because they were in favour of coming out.
Let me deal with the assertion that there could somehow or other be a diminution in parliamentary accountability and parliamentary scrutiny. Of course there will be questions, debates, and Select Committees. We all know that a motion for a new Brexit Select Committee is before the House and that a new Chairman will be elected to it. On the idea that this Parliament will not scrutinise or hold the Government to account on all these matters, I do not have the slightest objection, and nor should anyone else, to the questions being put today or indeed on any other day. This is what Parliament is all about.
Some parts of Parliament do not like the outcome of the referendum, but the question itself and the vote to leave were emphatic. In my judgment, that should not be gainsaid by attempting to reverse the result. We all know who the usual suspects are, and I am not looking at one in particular. All I am saying is that there are people—loads of them on the Labour side—who cannot bring themselves to accept the result. [Interruption.] In that case, when the Labour Front-Bench team winds up the debate, I expect to hear a categorical and unequivocal assurance that under no circumstances will any Opposition Member vote against Second Reading or try to undermine the repeal Bill. It sounds to me as though the bottom line is that they will not give that assurance, but I shall be interested if they do.
This historic vote gave the people of this country the opportunity to make a massive decision, one of the biggest decisions taken for generations. We have a democratic sovereign Parliament, which decided to give the vote to the British people. The position is much simpler than it sounds. This was not about the shenanigans over whether Vote Leave misrepresented people, or whether Project Fear did so. This was a decision by the British people, and in my view they paid a great deal less regard to the campaigns than to their own judgment. The British people got it right, and it is our job to respect that.
Nicky Morgan (Loughborough) (Con)
It is a pleasure to follow the right hon. Member for Leeds Central (Hilary Benn), who will, I suspect, play a key part in scrutinising, on behalf of this House, the negotiations with the EU over the next few months, years and decades.
I have managed to avoid debating the European Union, though debating it has been a customary habit of many members of my party for a number of years; I did so by becoming a Minister, although I was the EU budget Minister and enjoyed undergoing scrutiny by my hon. Friend the Member for Stone (Sir William Cash) as Chairman of the European Scrutiny Committee.
Let me make it very clear, as hon. Members in all parts of the Chamber have, that although I wanted us to remain a member of the European Union, I accept the result of 23 June. That is why I think that the Government amendment can be supported by everyone who has spoken so far. However, once the article 50 negotiations are completed, we, from outside the European Union, will have a wholly different relationship with EU member states. That is why I also support the Labour motion—because it recognises that leaving the EU is the defining issue facing the United Kingdom. It was the right hon. Member for Doncaster North (Edward Miliband) who said that the decisions that we take over the next few months and years in Parliament will shape this country for decades and generations to come. That is a responsibility that we all need to take very seriously, and that we should undertake, as the shadow Secretary of State said, without point scoring and partisanship.
Clearly, the key question will be about access to the single market, and balancing that with the issues around freedom of movement and immigration control. I was struck by the fact that the words “single market” were nowhere in the Secretary of State’s statement to Parliament on 5 September; I made that point to him them. Not mentioning it will clearly not be tenable. The relationship between the single market and freedom of movement was not on the ballot paper, and it is what we will be discussing in this House for months to come.
As I have already said to my hon. Friend the Member for Stone, the Conservative party’s 2015 manifesto is clear about what we want from Europe. We—that is, all Members of Parliament elected on the Conservative party manifesto in 2015—say yes to the single market. The Prime Minister, in her speech to the Conservative party conference, said very clearly that we want
“to give British companies the maximum freedom to trade with and operate in the Single Market”.
For anyone to say that the single market will not be part of the discussions, and that just because we are repealing the European Communities Act 1972 we will not discuss the single market, is not correct.
Sir William Cash
Does my right hon. Friend accept that it is impossible for us to repeal the 1972 Act on the one hand, which is the endgame, and on the other to remain subject to the jurisdiction of the European Court within the single market? We trade into the single market, but we are not in the single market; that is the point.
Nicky Morgan
I thank my hon. Friend very much indeed for that intervention. The European Communities Act 1972 was introduced a long time before the single market was envisaged by, as we have heard, a former Prime Minister. As someone who was engaged in commercial negotiations for 16 years before I came to the House, I think that anything is possible in a negotiation, as the former Deputy Prime Minister said.
I want to make three quick points. First, I want to pick up the point made by my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke). I was concerned to hear that last week in an interview given by the Chancellor of the Duchy of Lancaster that the Cabinet had not been consulted on the timing of the triggering of article 50, and that that had been decided by a small group of people as something to be announced at the Conservative party conference. We have been arguing that Parliament must be involved in scrutiny decisions, but the Cabinet must be kept fully informed of key decisions on our leaving the European Union.
Secondly, we heard from the right hon. Member for Leeds Central about the status of EU citizens. I was heartbroken to receive an email from a constituent—I suspect that it is not the only one that I or, indeed, many of us will receive—who has moved here from elsewhere in the EU. She has gone through a difficult court case on the custody of her children, and has settled in the United Kingdom. There are restrictions on where those children can travel within the EU. She said to me
“Yet as EU citizens, it is becoming increasingly clear that it will become near impossible for us to continue living in the UK. I, for one, will have great difficulty finding employment”—
she has a PhD, awarded here—
“and using my expertise because I am not British.”
That is not the country that I want to see. I do not think that this is the country that the Government or Parliament wants to see. That is not the message that we want to give about this country, which has been built on the skills of those who have come here for generations. I suspect that many of us in the Chamber are here because our forefathers moved to this country and took advantage of the safety that we provide.
Finally, those who are asking questions about the scrutiny by Parliament of these fundamental negotiations are not trying to thwart the will of the people. I resent that implication—I resent it from newspapers, I resent it from Ministers, and I resent it from the briefers and spinners at the centre of Government. It only encourages me to ask more questions, and I will work with colleagues in the Government and colleagues across the House to ask those questions. It is Parliament’s duty to scrutinise the Executive. I have stood at the Dispatch Box, and I have been scrutinised by Parliament—rightly so. Now I am on the Back Benches I will scrutinise the Executive. Our constituents send us to Westminster as Members of Parliament to ask the questions that they cannot put to Ministers themselves. Colleagues, we must take every opportunity to ask those questions to get the best possible deal for this country as we leave the European Union.
Barry Gardiner (Brent North) (Lab)
For the avoidance of doubt, we intend to accept the Government’s amendment. Today’s debate has been one of the finest I can remember in this House. The contributions from right hon. and hon. Members read like a Baedeker guide to the United Kingdom. We heard from the right hon. and learned Members for Rushcliffe (Mr Clarke) and for Beaconsfield (Mr Grieve), the right hon. Member for Broxtowe (Anna Soubry), my right hon. Friends the Members for Doncaster North (Edward Miliband) and for Leeds Central (Hilary Benn), the right hon. Member for Loughborough (Nicky Morgan), my hon. Friends the Members for Wolverhampton North East (Emma Reynolds), for Wallasey (Ms Eagle) and for Birmingham, Erdington (Jack Dromey), the right hon. Member for North East Bedfordshire (Alistair Burt), my right hon. Friend the Member for Wolverhampton South East (Mr McFadden), the right hon. Member for Basingstoke (Mrs Miller), my right hon. Friend the Member for East Ham (Stephen Timms), and my hon. Friends the Members for Foyle (Mark Durkan) and for Bishop Auckland (Helen Goodman). They all made absolutely superb speeches. I must also pay respect to speeches made on the other side of the debate, from the hon. Members for Stone (Sir William Cash), for North East Somerset (Mr Rees-Mogg) and for Spelthorne (Kwasi Kwarteng), which I thought were particularly worthy of note.
It is right that this debate has taken place, and it was good that the Government acceded to the will of Parliament by accepting the right of this House, and indeed its duty, properly to scrutinise their proposals for leaving the EU before article 50 is invoked. After the Prime Minister herself had insisted that the referendum was about the country taking back sovereign control over its own affairs, it would have been difficult for her Government to maintain that this sovereign Parliament had no such right to scrutinise and express its will in relation to the biggest constitutional challenge our country has faced in a generation. I therefore genuinely welcome the Government’s concession on the matter.
What today’s debate has made clear is that whatever way Members voted in the referendum, leave or remain, the vast majority do not wish to overturn the referendum vote. We are democrats: however small the margin of victory, a 52% to 48% vote for leave is a majority. It represents a mandate and it must be respected.
Let us be equally clear, however, that the need to respect the 17 million votes cast for leave does not mean that the rights and concerns of the 16 million who voted to remain can be trampled on. Although we of course accept that no Government should give a running commentary on the details of their negotiation, any responsible Government must give a coherent and reasoned picture of what sort of future they aim to achieve for their citizens.
Business leaders are demanding not certainty, but clarity. Everyone accepts that negotiations will be tough and protracted, and that means an inevitable period of uncertainty, but that should not stop the Government being clear in their purpose and objectives. Our respect for our constituents must surely insist that they have a right to know what our future relationship with the EU might look like—after all, their jobs, welfare and livelihoods, and the future of their children and grandchildren, are at stake. We are asking for clarity on the terms of the UK’s leaving the EU.
Barry Gardiner
No, I will not.
Parliament has a duty to ensure that the various final options are considered accordingly and not simply forced through; Parliament has an obligation to ensure that each of them is properly debated and clearly presented to the British people. Every Member appreciates that each of the different possible outcomes of our leaving the EU has both advantages and downsides, and it would be morally repugnant for anyone to pretend that there is only one sort of Brexit. That would be a lie: it would be to perpetrate a deception on the British people. The debate of June has moved on. We can no longer debate whether we leave the EU, but we absolutely must debate how we do that.
The Government are clearly experiencing certain strains between their Treasury wing and their Brexit triumvirate, but my purpose is not to make political hay with that dispute. In fact, I believe that it is right that the Government are having a serious debate and considering the various options. Our point is simply that this is not a discussion that the Government can keep to themselves. Parliament must be part of that discussion, and the British public have a right to their say.
Our role as politicians and leaders of our different communities is to present all the different possible options for how to leave the EU to our constituents and to let them inform the final decision that this sovereign Parliament must make. Our sovereignty rests on the sovereignty of the people.
It is important, too, that we also understand the limits of that sovereignty. It is said that politicians propose and markets dispose. Sovereignty does not give us control over the confidence that others have in the strength of our currency. It was not for no reason that the Bank of England put £70 billion of extra liquidity into the UK economy immediately after the referendum result and lowered interest rates by a quarter point. Some commentators who are fond of reminding us that after the Brexit vote the sky did not fall in should perhaps consider that Mark Carney and the Monetary Policy Committee were pumping liquidity into the system precisely to prop it up. Sovereignty certainly does not give us control over the markets; over the past week, we have seen all too clearly the markets’ violent reaction when they thought that the Government were proposing to leave both the single market and the customs union. Today the pound stands at a 168-year low.
The Government can insist. They can exercise the royal prerogative and decide to withdraw from the preferential terms of access to the world’s largest consumer market that the UK currently enjoys, but they are very mistaken if they confuse that exercise of sovereignty with any real control over the investment decisions that companies will then take about the future of our constituents’ jobs and wages. If the market is right to have devalued the UK’s stocks so significantly, and if it is right in thinking that investors will no longer invest and that the UK’s economic prospects have declined, we need to understand that our current account deficit—which currently runs at £28.7 billion, and which the fiscal rule was supposed to abolish, before it was abolished itself—is only likely to widen. The Government have a responsibility to set out precisely how they propose to deal with that economic fact, because, again, this is about the jobs, wages and wellbeing of our constituents.
As the Chancellor himself said,
“the British people did not vote…to become poorer or less secure”,
but we must be open with the electorate that the prize of regaining full sovereignty is that we will no longer have any control over the regulation and standards in a market with which we currently have 44% of our exports and 53% of our imports. We must be open with the electorate that the control over the movement of people from the EU that the Prime Minister spoke of at Prime Minister’s questions earlier today will also affect the capacity of companies to hire those with the skills they need to grow and prosper, and to employ more people here in the UK.
I am not in the habit of quoting the Daily Mail—I often like neither what it says, nor the way in which it says it—but none of us should ignore what it says today. In an otherwise misleading and confused editorial, it says:
“what the public voted for was simple: to regain control of our borders in order to end mass immigration; reclaim control of our laws; and stop sending billions of pounds to Brussels.
None of this is possible inside the single market—which requires the free movement of workers”.
If the Government believe that—and I believe they do—the question must be asked why they will not admit that they have ruled out maintaining the access we currently enjoy to the single market.
Immigration is the political heart of the Brexit debate, and we in the Labour party state unequivocally that those EU workers currently in the UK contributing to our economy must be allowed to stay, just as the 1.2 million UK citizens living and working in the rest of the EU must be. We in the Labour party also put it on record that the principle of the free movement of workers must be changed, and our new relationship with the EU must put in place clear and fair immigration controls that work to the benefit of the British people.
However, there will be a cost in terms of market access, investment, jobs and our constituents’ livelihoods. Why are the Government afraid to say so? The answer is that they do not want to admit the financial consequences that must inevitably follow from such an admission. The free traders are actually fighting against the financial consequences of leaving the largest free trade market in the world.
The Government have 170 days. The Secretary of State can continue to duck and dive as he did today—42 minutes in which he said nothing—but democracy demands that the Government should publish the terms of Brexit and submit them to the scrutiny of this sovereign Parliament, and the people of Britain will not trust this Government until they do.
Next Steps in Leaving the European Union
William Cash Excerpts(7 years, 7 months ago)
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Sir William Cash (Stone) (Con)
Has my right hon. Friend observed that some seem to have forgotten that the European Union Referendum Act 2015 gave the right to make the decision? Furthermore, the sovereignty of the people was given the opportunity to make that decision on the occasion of the referendum itself. As regards the repeal Bill, the sovereignty of Parliament will be maintained, because it will be decided in this House. All the procedures relating to article 50 are Government prerogative and not subject to the decision of Parliament itself at this stage.
Mr Davis
My hon. Friend is exactly right. He will remember that the Referendum Bill was carried in this House by a 6:1 majority, which included the vast majority of those on the Opposition Benches. He will also, because he is a constitutional lawyer, understand better than anyone else that Crown prerogative rests on the will of the people—that is the theoretical underpinning of it. There is no exercise of Crown prerogative in history that is better underpinned by the will of the people than this particular exercise.
Exiting the European Union
William Cash Excerpts(7 years, 8 months ago)
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Mr Davis
The hon. Lady is right, and of course access to the single market is not really up for grabs; it is there for everybody and, frankly, there are many countries outside the EU that do a better job of exporting to the single market than we do, even without a trade arrangement. So of course we want to have access to the single market and we do not need to be a member of it to do that. Indeed being a member of it is what has caused some of the problems of sovereignty that drove this referendum.
Sir William Cash (Stone) (Con)
Congratulations to my right hon. Friend on his appointment. Will he confirm that the vote to leave requires the repeal of the European Communities Act 1972, and will the Government bring in a Bill to achieve that as soon as is reasonably possible?
Mr Davis
The aspects of the European Communities Act 1972 that are required to be repealed and the aspects of the acquis communautaire that need to be carried into British law are an important joint set of issues that have to be decided. Once we have got to the point of deciding what we need to do in that regard, we will come back to the House at the first possible opportunity.