EU Referendum: Civil Service Guidance

William Cash Excerpts

Monday 29th February 2016 Commons Chamber

[Mr Speaker]

Veritably, my cup runneth over at the generosity and good grace of the Minister, to whom we are indebted.

[Sir William Cash (Stone) (Con)]

The Minister calls on the law. The question of voter trust in this referendum, as I said to both the Prime Minister and the Foreign Secretary on 3 and 25 February, is paramount. For the voters who will decide this question, knowledge is, as we know, power. Does the Minister deny that under sections 6 and 7 of the later and express provisions of the European Union Referendum Act 2015, a legal duty is imposed on the Government to provide referendum information and the voter is entitled to accurate and impartial information, as the Minister for Europe agreed in reply to me when the House debated that Bill, through and from the Government and all Ministers of the Crown equally, and that this therefore being a statutory obligation overrides any prime ministerial prerogative such as the Cabinet Secretary acted upon in the guidance of 23 February? Does the Minister therefore deny that civil servants as Crown servants are legally obliged to provide such information accurately and impartially to all Ministers within their Departments so that the voters are properly informed and empowered to answer the question in the referendum?

[Matthew Hancock]

On the legal details, the 2015 Act also requires the Government to express their view and the Constitutional Reform and Governance Act 2010 requires civil servants to support the position of the Government of the day. On that basis, it is right to follow the procedure that was agreed by the Cabinet. The position of the Government is set out; Ministers may disagree with it, but civil servants must support the Government’s position.

European Council

William Cash Excerpts

Monday 22nd February 2016 Commons Chamber

[The Prime Minister]

First, I can confirm that I will make, as I have done today, a positive case based on Britain being stronger, Britain being safer, and Britain being better off, but this is a choice. It is important that we set out the choice and the alternative to the British people, because this is potentially the most important decision that people will make on a political issue in their lifetime. I do not want anyone to take a step into the dark without thinking the consequences through properly.

I absolutely agree with the right hon. Gentleman about one thing. Although Brussels and the institutions can be frustrating, we should never forget what brought this institution into being in the first place. Even at the most frustrating times in talks, I look round the table and think of how these countries fought one another and killed one another’s people for so long, so the dialogue and action that we take together is positive. As for the vote in Scotland, this is one UK vote.

[Sir William Cash (Stone) (Con)]

My right hon. Friend has spoken about national Parliaments, democracy and our sovereignty. In his Bloomberg speech, he made it clear that he regarded our national Parliament as the root of our democracy. Yesterday, he referred to the “illusion of sovereignty”. Will he explain and repudiate that statement, specifically in relation to the question now before us, our Parliament, our democracy and the making of our laws, which at this moment in time under the European Communities Act 1972, are made by a majority vote of other countries, are introduced by an unelected Commission, and are enforced by the European Court of Justice? Does he not accept that the only way of getting out of that and returning our democracy is to leave the European Union?

[The Prime Minister]

First, I have huge respect for my hon. Friend, who has campaigned on this issue for many years, and the one thing he will welcome is the fact that we are now allowing the British people a choice on whether to stay in or leave the European Union. Let me confirm that, yes, this Parliament is sovereign. We have chosen to join the European Union, and we can choose to leave it. Let me explain exactly what I meant when I said that there would in many cases be the “illusion of sovereignty” by taking one issue. We now have safeguards so that British banks and businesses cannot be discriminated against if we stay in the European Union because we are not in the euro. Were we to leave, we would not have that protection. They could discriminate against us. Frankly, I think they would discriminate against us, so we might feel more sovereign, but it would be an illusion of sovereignty because we would not have the power to protect the businesses that create jobs and livelihoods in our country.

UK-EU Renegotiation

William Cash Excerpts

Wednesday 3rd February 2016 Commons Chamber

[The Prime Minister]

First, let me say that, yes, when this campaign comes—of course, we will first need an agreement, a recommended position from the British Government and all the rest of it—it should of course be a positive campaign. In terms of what the right hon. Gentleman says about treaty change and whether this is legally binding, as I explained, it is legally binding and it does envisage treaty change.

In terms of timing, as I explained at Prime Minister’s questions, it is a matter for the House. The House debated it and the House ruled out coinciding with the Scottish, Welsh and London elections, but the House did not rule out holding a referendum at another time. Specifically, the former First Minister, the right hon. Member for Gordon (Alex Salmond), said that six weeks was the appropriate gap. Obviously, we have to wait to see whether an agreement is reached, but where I disagree with the right hon. Member for Moray (Angus Robertson) is that I do not believe that somehow this is confusing the issues: I think people are perfectly capable, six or more weeks after one set of elections, to consider another election. I note that the Leader of the Opposition, whose party is in control of Wales, was actually pressing me to hold the referendum on 23 June. There is obviously a range of opinions out there. I think the best thing to do is to get the deal done and then hold a referendum.

[Sir William Cash (Stone) (Con)]

This is all about voters’ trust. Why has my right hon. Friend, in order to stay in, bypassed so many promises and principles? Our national Parliament is the root of our democracy, as he said at Bloomberg, not a majority of red cards in other Parliaments. He said that we would have full-on treaty change, not the arrangements that have been announced to us today. We were promised a fundamental change in our relationship with the EU. We were promised that we would deal with the excessive immigrant numbers, but that has been whittled down to an issue about in-work benefits controlled by the European Court of Justice. Above all, we were told and promised that this entire package would be both legally binding and irreversible, but now it will be stitched up by a political decision by the European Council, not by a guaranteed treaty change at the right time. I have to say to the Prime Minister that this is a wholly inappropriate way of dealing with this matter.

[The Prime Minister]

I have great respect for my hon. Friend, but I have to say that, on the issue of whether it is legally binding, I really do believe he is wrong. If this document is agreed, it would be an international law decision and, as an international law decision, the European Court of Justice has to take it into account. I would make the point to him, because he follows these things very closely, that Denmark negotiated the same sort of legal opt-outs and, 23 years on, they clearly stand and are legally binding. Those are the facts.

My hon. Friend asks whether we are meeting what we set out in the promises we made. We made very clear promises in our manifesto: get Britain out of ever closer union—that is a promise that we kept; make sure we restrict immigrants’ welfare benefits—that is a promise that we are keeping; real fairness between euro-ins and euro-outs—that is a promise that we are keeping. In every area—more competitiveness, making sure subsidiarity means something—we have met the promises that we have set out.

I understand that there will be those who say, “We didn’t ask for enough”, or, “We need more reform.” I believe these are the reforms that go to the heart of the concerns of the British people. People feel that this organisation is too much of a political union; it is too bureaucratic; it is not fair for non-euro countries; and we want more control of immigration. Those four things are largely delivered through this negotiation.

I would just say this to colleagues from all parts of the House. I have sat on the Benches on this side and that side and I have heard about the Maastricht treaty, about the Lisbon treaty, about the Nice treaty and about the Amsterdam treaty, but I have never seen a Prime Minister standing at this Dispatch Box with a unilaterally achieved declaration of bringing powers back to our country. That is what we have got. That is what is within our grasp.

EU Council

William Cash Excerpts

Tuesday 5th January 2016 Commons Chamber

[The Prime Minister]

We are going to consider this in a very proper way, as I said during the Syria debate, because there are different views among the non-governmental organisations about whether this is the right approach to take. I have said this at the Dispatch Box before. On the question of the people at Calais, we are clear that we will do everything we can to help the French with border security and with helping to process people who are in France, but at the end of the day, people do not have the right to try to break into Britain against our rules. Those people in Calais should be properly processed and dealt with by the French.

[Sir William Cash (Stone) (Con)]

My right hon. Friend has just stated that his package would “require changes” that are “legally binding and irreversible”. As there is no treaty change on offer, on what grounds can he legitimately and honestly contend that an international agreement registered at the UN would be legally binding and irreversible, and that voters—this is what matters—could absolutely rely on it when they cast their votes? Will this be a cast-iron guarantee?

[The Prime Minister]

There have been occasions when countries have voted in referendums, or indeed when we have voted in this House on treaty proposals, before they are adopted and implemented by every other country. What I have said is that we need changes that are legally binding and irreversible, and those are the changes I seek.

G20 and Paris Attacks

William Cash Excerpts

Tuesday 17th November 2015 Commons Chamber

[The Prime Minister]

I thank the right hon. Lady for what she says. She is right that, as the external border of Europe, Greece plays an absolutely vital role and that it is vital that the registration of migrants as they arrive takes place properly. My understanding is that we have given more, I think, than any other country in Europe to the European Asylum Support Office, EASO, so we are certainly putting in the resources, even though, effectively for us, Greece is not our external border; our external border is the border controls at Calais, because we are not part of Schengen. So we are doing what we can; we will continue to see whether more can be done, but she is right that making sure that people can be properly documented as they arrive will be a vital part of our security.

[Sir William Cash (Stone) (Con)]

The planned carnage in Paris shows the danger of allowing declared jihadists to return to their country of origin. Will my right hon. Friend be good enough to review the counter-terrorism legislation to prevent declared UK jihadists from returning to the United Kingdom, whatever human rights or the charter of fundamental rights may say? We must put the lives of the people of this country before human rights.

[The Prime Minister]

I thank my hon. Friend for his point, and I have a huge amount of sympathy with it, and that is why in the counter-terrorism legislation that we passed we took further steps to confiscate people’s passports. If someone is a dual national, we can strip them of their UK citizenship if we think that they no longer merit citizenship of this country. We now have the power—it was controversial but the Home Secretary and I pushed it forward—to exclude temporarily even British nationals from returning to the UK. I am all for looking at options for going further to make sure that we keep ourselves safe, but it was very contentious at the time. This situation is demonstrating that we were right to stick to our guns.

European Council

William Cash Excerpts

Monday 19th October 2015 Commons Chamber

[The Prime Minister]

Apart, of course, from that of Wales the day before—that must have been the Cameron in me coming out. However, the match was heartbreaking to watch.

The right hon. Member for Moray (Angus Robertson) raised the issue of helping refugees and other European Union countries. Although we are not in Schengen and although we are not taking part in the quota, we are helping Frontex, the border organisation, of which we are not formally part. Moreover, Britain has made one of the biggest contributions in sending staff to the hotspots that are being established to help with the fingerprinting and processing of migrants so that they can be properly registered and looked after.

As for the steel crisis, it is not mentioned in the conclusions because this was a European Council meeting to talk almost purely about migration. The discussion went on for hours because of the disagreements about hotspots and how this way of moving migrants around Europe should work. However, the British Government are absolutely clear that we will do everything that we can to support and help our steel industry, and that includes the vital discussions that we have held with the European Commission about state aid.

On renegotiation, I know the right hon. Gentleman is disappointed that more is not set out in the conclusions, but they set out what is necessary. The process was launched in June, there was an update in October, talks are progressing very well and we will have further discussions in December. I am confident that we will reach a good deal and, when we do, I look forward to his support.

[Sir William Cash (Stone) (Con)]

On renegotiation, will my right hon. Friend recognise that even if the words “ever-closer union” were removed from treaties in the future, it would not change any of our existing EU obligations and laws, nor fundamentally change our relationship with the EU under the existing treaties? Will he please comment on that?

[The Prime Minister]

The issue of ever-closer union is important both symbolically and legally. It is important symbolically because the British people always felt that we were told we were joining a common market, and were never really told enough about this political union, which we have never been happy with. I want to make it explicit that for us it is principally a common market and not an ever-closer union, but this concept does have legal force because ever-closer union has been used by the courts to enforce centralising judgments and I want that to change.

Syria: Refugees and Counter-terrorism

William Cash Excerpts

Monday 7th September 2015 Commons Chamber

[The Prime Minister]

The point about the migration target is that the Office for National Statistics has calculated migration figures in the same way for many, many years. It includes refugees as well as other migrants. I think the British public wants to know that the system as a whole—for migration and for those seeking asylum —is under control. I am absolutely clear that we are committed to taking 20,000 Syrian refugees, and we will meet that target.

[Sir William Cash (Stone) (Con)]

My hon. Friend the Member for Reigate (Crispin Blunt) was quite right to emphasise the World Food Programme and the fact that many other European countries have simply not subscribed enough. The website for the World Food Programme demonstrates that the United Kingdom has given twice as much as Germany over the past year and 45% more than Germany over the past five years. Perhaps that is something the Prime Minister would like to take up with Angela Merkel.

[The Prime Minister]

Everyone in Europe is taking action, and it is important that, collectively, we work together to deliver what is needed. On the issue of providing resources not just to the World Food Programme and to Syrian refugee camps but to the countries from which these people are coming in order to stabilise them, there is no doubt in my mind that Britain is leading the way.

Tunisia, and European Council

William Cash Excerpts

Monday 29th June 2015 Commons Chamber

[The Prime Minister]

I thank the hon. Lady for the thoughtful way in which she put her question. My answer is that British Muslims, Imams, mosques, community centres and Muslims in our communities are stepping up and saying that they condemn utterly what ISIL does and saying that it is not in their name. Indeed #NotInMyName was praised by President Obama in his speech at the UN. My argument is, I am afraid, that we all have to go on doing that—British Muslims included—for as long as this poisonous ideology exists. I say to British Muslims that, the fact is, these people are taking their religion of peace and perverting it. That is the reason for standing up and saying, “You must not do this. This is not what we believe in or what we are about.” The British Government, who include Muslims in their number, will back all Muslims who do that.

My second point is that we would be making a mistake if we said that we need just to confront those who support violence. Some people and some organisations—frankly, we know which organisations—go along with some of the narrative, think that a caliphate might not be such a bad idea, that Christians and Muslims cannot really live together and that democracy is inferior to another sort of system, and do not believe in equality. Those are people that we must call out, too. I want us to appeal to young British Muslims about what this country can be for them. This is a great multiracial democracy and a country of opportunity and we must also raise our game, as it were, and make this a society into which people want to integrate. It is time to speak out on both fronts. There is a need for integration, but also the need to confront a narrative of extremism, even if it stops short of violence.

[Sir William Cash (Stone) (Con)]

I join the Prime Minister in expressing strong words in condemnation of the evil slaughter of British citizens and others in Tunisia and in condolence for the bereaved.

At the European Council meeting, today and recently my right hon. Friend rightly reaffirmed the Common Market, British courts for British laws, the sovereignty and accountability of our national Parliament and the fundamental change in our relationship with the EU and the eurozone to which many will say yes, yes, yes. He has been buffeted by criticism from other European leaders, who are clearly not listening and who are demanding more integration rather than less. Hope springs eternal, but given his firm objectives in our vital national interests and the EU leaders’ constant criticism of them, what would it take for my right hon. Friend to recommend a no vote?

[The Prime Minister]

I go to these negotiations as an optimist and a believer that we can get a good deal for Britain. I have now had meetings with all 27 Presidents and Prime Ministers in Europe, in what has been dubbed something of an eating tour around the European Union. I am not saying that they instantly all agreed to the points that Britain is raising, but they are open to the sorts of reforms that I believe are necessary.

Debate on the Address

William Cash Excerpts

Wednesday 27th May 2015 Commons Chamber

[John Redwood]

Of course there will be a debate, and the SNP can use all the parliamentary procedures, which some of its Members know well, to make sure that the issue is properly scrutinised and debated, but we do not need a great piece of legislation. We just need an agreement on who votes on what. It is not that complicated, it is extremely popular outside this House, and it was clearly offered to the British people by the Conservative party. It was one of several policies in our manifesto which were about twice as popular as the Conservative party itself, and we were the most popular party when people did not really like any of the parties in the election very much. They backed us, but they backed some of our policies rather more.

[Sir William Cash (Stone) (Con)]

I rise to support my right hon. Friend’s extremely relevant comments. The legislation has of course already been passed, in the form of the devolution Act in 1998. That is what devolved the functions. That is why it is necessary and fair to make sure that, through our Standing Orders, the English people know that they get exclusive rights over their own legislation.

[John Redwood]

I am grateful to my hon. Friend. To those who say we have not thought through this issue I would point out that we wrote many papers on it in opposition and that we thought it through over a 15-year period—it was in the 2001 Conservative manifesto—so the proposals should come as no surprise to anyone who is interested in the subject or who has been following the debates.

The third point I strongly support in the Gracious Speech is that at last we will get a referendum on our relationship with the European Union. Any honest Government picking up the task today should say to the British people that we need a new relationship because now the euro is driving so many of the changes in the EU. Those in the euro need much closer and stronger centralised government; they need to stand behind each other rather more. They are going to need common benefit systems and common cash transfer systems, and they are going to need to send support from the richer to the poorer areas, just as we do within our Union of the United Kingdom—if one part falls on hard times, the other parts pay more tax and send it the money. There is a mutual insurance or solidarity system which should appeal to all those of a socialist mind; it even appeals to me, because I think when some are down on their luck within such a union, they should be supported by others in the union. The United Kingdom has very clearly, and quite rightly, never elected a party that wanted to join the euro. The public have no appetite to join it; they have no wish to start raising more taxes in Britain in order to send financial assistance to Greece, Portugal or Spain, although those countries desperately need it.

Of course we need to define a new relationship with the emerging, closely centralised political union of which our colleagues in the EU now speak all too often, and I am pleased that my right hon. Friend the Prime Minister is taking on this difficult and tricky task. There will be a range of views within and among the parties on this issue, so a referendum would be a good way of making the final decision. I urge my right hon. Friend to bear in mind that what the British people, and many in this Parliament, want is to restore the British people’s right to make up their mind and their MPs’ right to ensure that the British people’s views are reflected in what happens here. At the moment, it is all about borders, immigration and welfare systems, and at the general election the British people expressed a strong wish for change on those matters. We need Ministers who can deliver those changes, but some of them are neither legal nor possible under our current EU arrangements.

In the future, the British people might want to see changes in other areas. They might want cheaper energy, for example, but they would discover that their politicians were not entirely able to deliver it because energy is hedged by many European rules, laws and requirements. Britain therefore needs some way of dealing with a situation in which, because of European rules, elected Ministers are unable to act on a matter of consummate importance to the British people. We might be able to do certain things, because we can get a special deal through not being in the euro—that relates to how much centralised government the countries in the eurozone, which we must keep out of, are going to take to themselves. Adopting that more widely might help with their other problems, because at the moment we are seeing a series of collisions between the will of the people following the elections in countries such as Greece and perhaps Spain, and what the European establishment is dishing out by way of policy.

If Opposition Members dislike austerity, they should study what has happened in Greece. It has seen very large public expenditure cuts, of a kind that I would not have supported, at a time when its economy was imploding and its banking system was broken, and its GDP has fallen by 25% since 2008. Let us imagine how we would feel if that had been inflicted on us by policies from Brussels. Thank heavens that those of us who made the case against the euro persuaded others to keep us out, because there but for the grace of God would have gone Britain into a euro-scheme that can deliver untold damage and austerity. Who would want 50% youth unemployment? That is what they have in several parts of southern Europe now, thanks to the devastating austerity machine that is the euro. I urge my right hon. Friend the Prime Minister to take advantage of our non-membership of the euro to negotiate a democratic settlement for us, so that if we need something for our prosperity, this House will be able to deliver it.

--- Later in debate ---

[Sir David Amess]

The hon. Gentleman’s father—from heaven—would agree with him; I was also going to make that point in my speech.

Returning to the opinion polls, it is absolutely ridiculous that the exit poll from the BBC said that the Conservatives would be the largest party, with, I think, 289 seats. It even got that wrong, yet all the people who commentated on the general election are carrying on as though nothing has happened. That is absolutely ridiculous, and elected parliamentarians need to do something about that.

I agree with the point that the hon. Member for North Antrim (Ian Paisley) has just made. We have a new Secretary of State for Culture, Media and Sport in my right hon. Friend the Member for Maldon (Mr Whittingdale). When he was chairing the Select Committee, he seemed to have an awful lot to say about the British Broadcasting Corporation, and in each Parliament we talk about doing something about it. Now is the time for us to take action.

[Sir William Cash]

On the last day of the last Parliament, the European Scrutiny Committee submitted a unanimous all-party report on the manner in which the BBC has treated the European issue over the years. Does my hon. Friend agree that it would be a good idea, in the present circumstances, for everyone to have a good read of it?

[Sir David Amess]

I absolutely agree with my hon. Friend. Incidentally, I do not seem to be getting any injury time for the interventions that I have been taking.

There is no secret about why the Conservatives were returned to government. The Gracious Speech stated that the Government

“will legislate in the interests of everyone in our country.”

The British people believe that. The speech went on to state that the Government would

“provide economic stability and security at every stage of life.”

The British people believe that. The speech also says that we should help to

“achieve full employment and provide more people with the security of a job.”

The British people believe that that is what the Conservative party is going to do. We have also stated:

“Legislation will be introduced to support home ownership”,

which is something that the British people very much want, as I recall from my days in Basildon.

I have to say that if any Member did not find that immigration was an issue on the doorstep, I do not know what they were doing. Of course, enormous benefits are brought to this country by immigration, but it is an issue and it needs dealing with. In particular, I look forward to the Government’s proposals on benefit allocation. The British people are also attracted by our proposal to

“secure the future of the National Health Service by implementing the National Health Service’s own five-year plan”,

which we will watch very carefully. They are also impressed by our commitment to

“secure the real value of the basic State Pension”.

Constituents in Southend West are getting increasingly angered by another issue. I am not going to get involved in the Scottish measure, but when we are dealing with England-only issues, there must be a way of ensuring that only English Members of Parliament vote on them.

I am delighted that we are going to renegotiate the UK’s relationship with the European Union—if Opposition parties had not stopped it in the previous Parliament, we would have had the referendum before 2017. I am old enough to have had the opportunity to vote in the ‘70s, and I voted no. Good luck to the Prime Minister if he thinks he can renegotiate things successfully—I will make my judgment at the time. I can tell hon. Members that the comments made to me on the doorstep give me the impression that in the referendum, regardless of how things are renegotiated, young people will vote to stay in the European Union.

I very much support the proposal for a British Bill of Rights, and I was also glad not to see anything in the Gracious Speech on foxhunting. I have always voted against foxhunting, not because of class issues—people may want to dress up in their red uniforms and it all looks marvellous—but because being torn apart by a couple of dogs cannot be a lot of fun for the fox. Human beings would not want that to happen to them, so I am glad there is nothing about foxhunting in the Gracious Speech.

On foreign affairs, I am glad that I was one of the 30 Conservative Members of Parliament who voted against this country getting involved in the conflict in Syria and that we are going to try to get a political settlement there. I am glad that we are going to put pressure on Russia to respect the territorial integrity and sovereignty of Ukraine, and that we are going to try to defeat terrorism in the middle east. I would have liked the Gracious Speech to have contained some sort of commitment that public inquiries will actually report. It is crazy that we still have not got the Chilcot report—the sooner that is published, the better, because I want to see whether or not I was misled over the Iraq war.

I say again that I am grateful to my constituents for re-electing me. I congratulate all the new Ministers, but I put them on this warning: I want them to read carefully the letters they send to me and not just sign off what the civil servant has plonked in front of them. I want Southend to have city status. Following our magnificent victory in the football contest at the weekend and our promotion to league one, we are entitled to become a city.

I want fair funding for grammar schools. I very much want something to be done about cliff slippage in Southend. I want the senior management of Southend’s hospital and the South Essex Partnership University NHS Foundation Trust—SEPT—sorted out. I very much intend to ensure that the voice of Southend is heard loudly and firmly in this Parliament. My final thought, which I wrote down as I was listening earlier, is that I hope we will all show humility in victory and in defeat.

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[Sir William Cash]

As the right hon. Gentleman will know, we campaigned for a Maastricht referendum. Now we have a referendum, so there you are.

[Mr Dodds]

The hon. Gentleman has spoken many words of wisdom over the years with which I agree. He is certainly proof that if we work at and fight for an issue that we believe in, we will get there in the end, especially if the cause is right. As he knows, I have been a long-term advocate of giving the people of the United Kingdom their say, in a referendum, on whether we should be in or out of the European Union. I was delighted to see that in the Gracious Speech.

Before I go into further detail on the speech, may I, on behalf of my right hon. and hon. Friends, join others in commending our armed forces on the work they continue to do across so many theatres, and in so many other ways, to protect and defend the people of this country? Some 20% of United Kingdom reservists are Northern Ireland people, even though we make up only 3% of the population. That is testament to how committed the people of Northern Ireland are to the armed forces, which we feel strongly about.

--- Later in debate ---

[Sir William Cash (Stone) (Con)]

I believe that this is a watershed Parliament for a watershed election. The question that will predominate throughout this Parliament will be the question of who governs us and how. That applies not only to the European issue, to which I will return in a moment, but to the Scottish question and the human rights issue, because each contains seminal questions—constitutional issues of a kind that have not been addressed properly for far, far too long. Now we have a Conservative Government who will address them.

I pay tribute to the Prime Minister for his victory, and I pay tribute to the small C conservatives of this country, from every home and every part of the regions of this land, who not only decided that they wanted the security and the stability with which the Conservative party with a big C was able to provide them, but whose common sense led to the pulverisation of the Liberal Democrats and at the same time the rejection of the potential alliance of the SNP and the Labour party, which, certainly from what I saw on the doorstep, scared people witless.

The bottom line is this: we now face very big challenges. I look at the right hon. Member for Gordon (Alex Salmond); he will present us with a challenge, I have no doubt, and so will Members around him. He would be under a misapprehension, however, if he thought, as I did, in the light of a potential coalition, that it would be like the days of Parnell, because the House of Commons has changed very substantially since then. We have a solid phalanx of a majority of 12—[Interruption.] Yes, we do, and it will prevail in relation to the matters that the right hon. Gentleman has in mind.

On the Scottish question, we also have the issue of the Standing Orders. As I said earlier in an intervention, the legislation that devolved the functions has already been passed, so it is a matter not for legislation but for the Standing Orders of the House. I believe strongly that we will get that through. I know that we will have points of order and all sorts of shenanigans from the SNP, but this is an internal matter reflecting the legislative change that was made in 1997—

[Alex Salmond]

Will the hon. Gentleman give way?

[Sir William Cash]

I will certainly give way to the right hon. Gentleman, but he may not remember that in the debate in 1997—when the Labour party held the majority of the seats in Scotland—I actually proposed the idea of solving the West Lothian question by making changes to the Standing Orders.

[Alex Salmond]

If in that 1997 Parliament some nefarious members of the Labour Government had decided to restrict the hon. Gentleman’s voting rights by means of amending the Standing Orders, would that have been legitimate?

[Sir William Cash]

The question has been dealt with by legislation and the functions have been devolved. I was intrigued by the nuanced approach taken by the right hon. Member for Belfast North (Mr Dodds), but it must be conceded that because the Scottish Parliament has control over health and education it is unfair for Scottish Members of Parliament—it cannot be denied that they won a great victory in Scotland—to interfere in matters that belong properly and exclusively to English Members of Parliament.

[Mr Graham Allen]

I caution the hon. Gentleman, whom I have known for many years, against basing his case on legislation that was passed in 1997 in entirely different circumstances. If major democratic reforms are to be made, that should be done openly and honestly and with the full and knowing consent of the House. No device should be used. These are important matters and, if necessary, they should be achieved through winning a majority in the House, not by using a technical device from 1997.

[Sir William Cash]

I have made my point and I stand by what I have said. We will debate that question later, but I believe strongly that we need to do it by way of amending the Standing Orders.

[David Tredinnick]

The Queen’s Speech states:

“My Government will bring forward changes to the Standing Orders of the House of Commons.”

It would not be done on a whim: that is what the Queen’s Speech says.

[Sir William Cash]

Well said. I entirely concur with my hon. Friend.

On the repeal of the Human Rights Act, when I was shadow Attorney General, I pushed that policy with the help of colleagues in the shadow Cabinet. It remained as a commitment in our manifesto until the coalition of 2010. It was abandoned because of the Liberal Democrats, and now it is to be revived. I offer a word of caution, however, because it is a very important issue. In many respects, it is part of the “who governs?” issue and I strongly suggest adhering to the proposals in the Queen’s Speech. We need a proper discussion. I am clear in my mind, as is Lord Judge and many other distinguished judges, that there are serious problems with the manner of interpretation in the Strasbourg Court and with the use of right to family life as a principle, and how certain people manage to exploit the system, well funded by the human rights lobby, to carry on when they should have packed up a long time ago.

[Mr Stewart Jackson (Peterborough) (Con)]

My hon. Friend is making a powerful case. Does he agree that we need to reacquaint our friends at the other end of the Palace with the concept of the Salisbury convention? They are seeking to undermine the legitimacy and sovereignty of this House, which has a fresh mandate on issues such as the Human Rights Act.

[Sir William Cash]

I agree with my hon. Friend’s point about the Salisbury convention, but we need to respect the fact that some very powerful views are held by some very distinguished people who disagree with us. We do not want to drive change through with a sledgehammer: we need some pre-legislative scrutiny so that the analysis can be properly conducted. I believe that we will win the argument, but it needs to be done openly, transparently and with a proper degree of scrutiny.

As I said in reply to the intervention from the right hon. Member for Gordon, the Maastricht referendum campaign—on which we got hundreds of thousands of signatures—should have resulted in a referendum back then. As the right hon. Member for Belfast North said, there has been no referendum since 1975, and some 40 million people have never had a chance to look at the question and have their say. That is despite the fact that since 1975 we have moved from a common market, which I have always preferred, to a new arrangement with vast accumulations of power concentrated in the European Union. The point is not made clearly enough, in my opinion, that whatever the circumstances may be of the eurozone—and the desire of the French and the Germans to get together—it is not an entity in itself. It is part of the European Union and it affects us directly. Therefore, if we do not make the kind of changes to which the Prime Minister referred in his last European Council statement on 23 March, we could end up nibbling at the treaties in minimalist negotiations and failing to deal with the political, economic and constitutional structures that need to be tackled. This is a question of fundamental change, and I believe strongly that if we do not make those changes the British people will end up in the second tier of a two-tier Europe that is increasingly dominated by Germany. That is not something that the British people should countenance.

I hear it said that we can ask only for that which is not impossible, but we should put that the other way round and say that it is impossible for us to contemplate the idea of a two-tier Europe. That is unacceptable. I call in aid the Prime Minister, who said—in his statement and not in response to a question that he might have misinterpreted—on 23 March:

“In the coming two years, we have the opportunity to reform the EU”—

good—

“and fundamentally change Britain’s relationship with it.”—[Official Report, 23 March 2015; Vol. 594, c. 1122.]

He separated the idea of reform from fundamental change because he knows—as do the Foreign Office, the establishment and the European Union—that this is not just a question of reform of policy or individual laws, such as on immigration, however important they may be. This is a fundamental constitutional issue in which we have been locked by the treaties and under the European Communities Act 1972, raising such questions as the nature of the manner in which are governed.

In addition to that, there is the charter of fundamental rights, which I mentioned. Despite the fact that Tony Blair himself did not want us to be affected by the charter—he wanted to exclude us and Peter Goldsmith was sent over to do a protocol, but it was a botched job—the net result is that we are now subject to the ECJ in relation to the charter of fundamental rights, quite apart from any matter relating to human rights. In that respect, I recommend that hon. Members read the report of the European Scrutiny Committee, which I organised and commissioned. We examined the question for more than a year, and we concluded that the only way we could get out of that situation was by using the notwithstanding formula to bypass the European Communities Act.

The Prime Minister has rightly used the expression “one nation”. Where did that phrase come from? Disraeli. What did Disraeli also say? He said that the Tory party is a national party, or it is nothing. He did not say nationalistic; he said national. That is why this question of fundamental change is so important. I too am a believer in one nation. I pay tribute to the Democratic Unionists for their firm affirmation in this important Queen’s Speech on that very matter. I understand of course that the SNP takes a different view, but one nation has served this country proud, not merely for decades or generations but for centuries, and we must adhere to it at all costs.

The phrase “one nation” came from Disraeli’s book “Sybil, or The Two Nations”, which was about his awareness of the necessity of helping the working people of the 19th century. That was his great mission and he achieved it. Let us go forward with one nation, as one nation, and at the same time make certain that we are not governed by other nations through the majority voting system in such a way as to prevent the people who voted in this general election from having what they want and what they deserve.

--- Later in debate ---

[Mr Dominic Grieve (Beaconsfield) (Con)]

It is a pleasure to follow the hon. Member for Liverpool, Riverside (Mrs Ellman), and also to follow the introduction to this debate by my right hon. Friend the Member for Chelmsford (Mr Burns) and my hon. Friend the Member for South East Cornwall (Mrs Murray).

I approach this debate with some slight misgivings—I realised that the last time I participated in a debate on the Gracious Speech from the Back Benches was my maiden speech in 1997, and worse still, the themes of that maiden speech were devolution for Scotland, the future of the Union of the United Kingdom, and human rights. Despite my best endeavours, I seem to be unable to escape any of them this evening. However, some issues which arise were not present then. The economic crisis that has beset the western world and this country particularly in the past few years was not present when I made that maiden speech in 1997. The state of the world as it existed then was nothing like as fragile and dangerous as the world seems to be today. We face dramatic challenges, to which I shall return briefly at the end of my remarks.

I greatly welcome the continuation of the Government’s economic policy, as laid out in the Gracious Speech. I have no doubt that the reason why my right hon. Friend the Prime Minister was returned and the Conservative party was elected to office was the public’s appreciation of the difficult decisions that had been made in putting the economic recovery of this country on a reasonable footing. In saying that, I am mindful of the fact that there will be some pretty dramatic challenges ahead. Having served in government and having watched the difficulties, for example, of reducing the budget of the small Department over which I presided for four years and the Crown Prosecution Service being reduced by one third, I recognise that there will be some complex issues of prioritisation as we take matters forward.

In that context, I welcome the remarks of the Lord Chancellor who, I understand, when he first went to address the staff at the Ministry of Justice, pointed out his awareness of the importance of access to justice and of maintaining an adequate justice system as one of the key priorities of Government. I entirely endorse that.

I welcome the fact that we are to have a referendum on European Union membership. In my view, this is an area where there is a substantial democratic deficit that has beset our politics for far too long. It is fairly well known that nobody has yet succeeded in persuading me of good arguments why we should leave the European Union, but I recognise from my time as Attorney General that there are many aspects of the EU which are seriously dysfunctional. If my right hon. Friend can, in the conduct of his negotiations, succeed in improving the way in which the EU functions not just for ourselves, but for the other member states, he will have performed a signal public service, and I believe he will then be in a position to come to the electorate of this country and ask them to endorse it.

[Sir William Cash]

Does my right hon. and learned Friend therefore agree with my right hon. Friend the Prime Minister in his statement of 23 March that apart from reform, we need a fundamental change in our relationship with the EU?

[Mr Grieve]

It seems to me that the key will be providing the necessary reassurance that the United Kingdom, which will remain outside the eurozone, has the necessary guarantees that that will not be to its disadvantage. That is the key issue and the one on which we should concentrate, although there are other aspects which will need to be looked at.

European Council

William Cash Excerpts

Monday 23rd March 2015 Commons Chamber

[The Prime Minister]

I had not been counting, but I think that reporting back to the House 29 times is quite an impressive record—too many. The right hon. Gentleman does have one thing in common with Tom Cruise: every policy he touches self-destructs in five seconds—tuition fees, spending, the deficit, taxes; it is all the same.

Let me deal with the right hon. Gentleman’s questions. On the very important matter of the Israeli elections, I am sure that we will all want to congratulate Prime Minister Netanyahu on his election victory. I agree with the Leader of the Opposition that we must put pressure on both sides to ensure that talks on a two-state solution get going. I will be talking with Prime Minister Netanyahu this evening, and I will make it very clear that I support a two-state solution. I think that is in the long-term interests of not only the Palestinians, but the Israelis, and Britain’s policy on that will not change.

I thank the right hon. Gentleman for what he said in support of the Government’s position on Iran and on Libya. He asked why we have seen the difficulties after the fall of Gaddafi. One of the things that we have to be clear about is that the Libyan people and the Libyan Government did not want some occupying force; they did not want to be remotely controlled by others. They were given opportunities to opt for a more unified future, but so far they have not taken them, so we have to do everything we can to keep putting those options on the table, not least through a national unity Government.

The right hon. Gentleman asked about Greece and the prospects for a long-term agreement. I still think that the prospects are quite worrying, because on one hand we have the creditor nations that want to see Greece fulfil its programme, and on the other hand we have a Greek Government who do not seem at the moment to be coming up with reforms that give their creditors confidence. One of the lessons that needs to be learned—the right hon. Gentleman needs to learn this—is that government involves difficult decisions, and the Greeks still have to make difficult decisions. [Interruption.] Yes, he was in government. I remember, because he completely crashed the economy, as a member of the Government who left this country in hopeless amounts of debt.

The right hon. Gentleman asked a very specific question on the Minsk agreement: will there be more sanctions if there is more destabilisation? The answer is yes. We should be prepared to consider more sanctions if the situation deteriorates. The key point about the Minsk agreement is that the difficult decisions for Russia will come at the end of the process, which is why it is so important to keep the sanctions right to the end.

The right hon. Gentleman wants to know why we want to renegotiate in Europe, and I will tell him why: we want to get out of ever-closer union; we do not want that to apply to Britain; we want control of our welfare system; we want safeguards for the single market; we want powers to flow back to Britain. Let me ask him this: if those are the things that we want, what is it that he wants? The answer, when it comes to Europe, is absolutely nothing. He told us that he does not think that Brussels has too much power. He refuses to rule out joining the euro because, as he said, “It depends how long I’m Prime Minister for”, so that is a hopeful message. He has made it clear that he will never give the British people a say in a referendum.

Frankly, I will compare my record on Europe with his party’s every day of the week. They gave away £7 billion of the rebate; we have protected the rebate. They gave away our ability to veto what is not in our national interest; we vetoed a treaty that was not in our national interest. They signed Britain up to being in the euro bail-out fund; we got Britain out of the euro bail-out fund. The truth is that we on the Government side of the House stand up for Britain in Europe and the Labour party just sells us out.

[Sir William Cash (Stone) (Con)]

I commend my right hon. Friend for what he has just said, and for stating unequivocally in his Bloomberg speech that it is our national Parliament that is the root of our democracy, for which people fought and died, but in what specific respects will he repatriate the powers of the British people to govern themselves and return the powers of sovereignty to this Parliament so that we can govern this country as we wish?

[The Prime Minister]

My hon. Friend makes an important point. We have already returned a power to Britain by getting out of the bail-out fund. We have returned 100 specific powers as a result of the opt-out on justice and home affairs. I have been very specific that when it comes to the free movement of people, and particularly its interaction with our welfare system, we need powers to be returned to this country. Specifically, I have said that people coming from European Union countries to Britain should not be allowed to claim unemployment benefit, that they should have to leave after six months if they do not have a job, that they should have to pay in for four years before getting anything out of the tax credits system and that they should not be able to send child benefit or other child tax payments to families back home. Those things require serious change in Europe, including treaty change, and that is what we will secure, and what a contrast with the Labour party, which will do absolutely zip.