Northern Ireland Protocol: Implementation

William Cash Excerpts

Tuesday 2nd February 2021 Commons Chamber

[Michael Gove]

I am always grateful to the right hon. Gentleman for his interventions, because he so often talks good sense, and I find myself uncomfortably agreeing with him—not all the time, but a lot of time. He is absolutely right: the threats that have been issued to Alliance party and other political and community leaders in Northern Ireland are totally unacceptable, and we need to stand together against that sort of behaviour. He is also right that we need to help business to use the online and digital facilities that the Trader Support Service provides, to ensure that commerce can be as trouble-free commerce as possible across the whole United Kingdom.

[Sir William Cash (Stone) (Con) [V]]

My right hon. Friend is at last coming to the European Scrutiny Committee on 8 February. The European Commission outrageously enacted this regulation last week, which even today hypocritically asserts that it would create a hard border through article 16 and, moreover, continues even now the prohibition of the delivery of vaccines from member states to the United Kingdom. Does he accept that this demonstrates that the protocol is not fit for purpose as it stands and that this cannot be resolved without revocation of the regulation itself? Will he take this up with Mr Šefčovič in his meeting tomorrow?

[Michael Gove]

I look forward to appearing in front of my hon. Friend’s Committee next week. He is right: it is important to recognise that the regulation as laid places within the Commission’s hands the capacity to restrict exports. My right hon. Friend the Prime Minister secured a commitment from the President of the Commission that there would be no interruption in vaccine supplies, but, like my hon. Friend, I deprecate the fact that this regulation was introduced in the first place.

European Union (Future Relationship) Bill

William Cash Excerpts

2nd reading & 2nd reading: House of Commons
Wednesday 30th December 2020 Commons Chamber

[Sir William Cash (Stone) (Con)]

In these historic days, as we regain our freedom and independence, I pay a profound tribute to our democracy and to the sovereignty of the mother of Parliaments, but above all to the voters in the referendum and the general election last December and, of course, to our Prime Minister, who, against all the odds, led us out of parliamentary paralysis last year to victory, delivering us from 48 years of subjugation to EU laws and European Court jurisdiction and regaining our sovereignty. Our Prime Minister—a great classicist—is, like his hero Pericles, the first citizen of his country and, like him, has saved our democracy. Like Alexander the Great, Boris has cut the Gordian knot. Churchill and Margaret Thatcher would have been deeply proud of his achievements, and so are we.

This Bill on our future relationship with the EU provides for a new exciting era for our trade with Europe and the rest of the world on sovereign terms—not on those of the EU, as with the Chequers deal. We must pay tribute to David Frost, Oliver Lewis and the Attorney General and her advisers for the successful outcome of the negotiations. There remain challenges on fishing and in relation to Northern Ireland; we must use our new and renewed sovereignty to exercise the political muscle that it gives us to resolve those challenges. We can, and I believe we will.

Regaining our right to govern ourselves is a true turning point in our great history. In peacetime, it compares only with the restoration by Monck in 1660, on the absolute condition of parliamentary consent, then followed by the Hanoverian succession after 1689 and the evolution of our modern parliamentary democracy, which has been the bedrock of our freedom and which enabled us, with the leadership of Churchill, to repel the danger of conquest in May 1940.

In April 1990, I was asked by Margaret Thatcher to lunch at No. 10 with members of the Cabinet. Margaret Thatcher asked me what I felt about Europe. I replied, “Prime Minister, your task is more difficult than Churchill’s. He was faced with bombs and aircraft. You are faced with pieces of paper.” Our Prime Minister, my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson), has achieved what all those years ago I was told was impossible. I refused to believe that. So did the Maastricht rebels and, last year, the 28 Tory Spartans. That opened the way to where we are today. We have now won back our sovereignty, despite those European pieces of paper, and we in this country owe our Prime Minister our deepest congratulations on his achievement.

EU Withdrawal Agreement

William Cash Excerpts

Wednesday 9th December 2020 Commons Chamber

[Michael Gove]

I am very grateful to the hon. Gentleman once again for his questions; they are masterpieces of metaphorical concatenation. He managed to bring in both Schrödinger’s cat and the Easter and Passiontide narrative before he eventually got to his question. It was a masterpiece, as I say, of lyrical concision, which we would expect from Runrig’s principal star.

On the basic question, it is the case—the hon. Gentleman recognises, as I recognise—that Northern Ireland has a unique position within the United Kingdom as a result of having a land border with the European Union, which no other part of the United Kingdom does, and that requires specific arrangements. But whatever those specific arrangements, it is the case that Northern Ireland, by the will of its people, remains part of the United Kingdom. Long may it remain so.

[Sir William Cash (Stone) (Con)]

I very much agree with what the Prime Minister said today at Prime Minister’s questions. Does the Chancellor of the Duchy of Lancaster also agree? And is there anything in his statement that would be allowed to undermine the unfettered sovereignty of the United Kingdom as asserted by successive democratic votes and the referendum, and successive Acts of Parliament, including sections 30 and 38 of the European Union (Withdrawal Agreement) Act 2020?

Will the Chancellor of the Duchy of Lancaster also confirm today that he will appear before the European Scrutiny Committee? As he knows, he has declined to do so on at least three occasions, most recently on 26 November. We put this to him in writing but so far he has not been able to come. Will he please commit right now, today, to coming before the Committee as soon as possible?

[Michael Gove]

On the first point, my hon. Friend is absolutely right: section 38 of the Act that gave effect to the withdrawal agreement upheld the sovereignty of this place, and there is nothing in what we have concluded that in any way diverges from that. On the second question, I am very sorry that I have played hard to get, but I will make sure that we can have a date before Christmas when the two of us can meet in suitably covid-compliant surroundings.

United Kingdom Internal Market Bill

William Cash Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons
Monday 14th September 2020 Commons Chamber

[Sir William Cash (Stone) (Con)]

It would be unconscionable for us to have left the EU lawfully, which the EU has accepted, and then allow it to threaten us and strangle our jobs and businesses by imposing unfair state aid rules that go much wider than traditional subsidies, and then for it to seek unwarranted legal action when we are properly defending our national, economic and political sovereignty. If so, we would become a neutered, trivial Lilliput—an enslaved economic satellite of the EU. No UK Parliament could allow itself to be so prostrated. We won the referendum and the general election across the country because voters wanted to leave the EU and free ourselves from undemocratic rule from Brussels and from majority voting, and to regain our right to govern ourselves and our economic freedom. This Bill guarantees that promise to them and maintains the Union.

International law comes in all shapes and sizes. There are many instances of express override in UK statute law. The EU itself sometimes breaks international law, including refusing certain compliance with World Trade Organisation rules. EU retaliation by a blockade would be utterly unlawful. Even the Belfast agreement contains “notwithstanding” provisions, as does USA statute law. The express powers in the Bill, which constitute the taking of powers rather than actual implementation, are justified precautions against the risk of an expansionist interpretation of article 10 of the protocol, which would lead to great uncertainty, litigation risk and a serious threat to the territorial integrity of the United Kingdom into the indefinite future.

There has never been a level playing field in the EU. Its cardinal objective in these negotiations from the outset has included preventing us from being able to compete fairly. That is not good faith. Under the protocol, the EU would even control our legal tax freedom to create freeports and enterprise zones. All of this would massively undermine our businesses and jobs and therefore our voters.

Let us consider the wide legal sphere of EU state aid regulation. It is concerned with not only subsidies but tax reliefs; taxation favouring particular sectors or undertakings; remission of national insurance contributions; bank bail-outs such as those of RBS and Lloyds, where contrived, draconian EU legal conditions were imposed; and a raft of other measures too numerous to list, including gas tariffs for horticulture, airport landing fees, private health insurance, carbon trading emission certificates for free, failing to follow public procurement procedures and so on. By contrast, more recently, the German Government have procured approval for vast amounts of aid, notably for Lufthansa, and this is a pattern that has continued for decades across many commercial sectors. I recommend that people read Ambrose Evans-Pritchard’s article today in The Daily Telegraph.

Mr Šefčovič has outrageously dared to threaten the UK Parliament itself if we do not remove the clauses, and he misrepresents our position on the Good Friday agreement. This contradicts our sovereignty and autonomy, which the EU accepted. The EU seeks to subject us to a foreign regulator, taking essentially political decisions and armed with undemocratic prohibition powers and authorisations. It would be unconscionable and utterly naive for us to allow that to happen. It would be contrary to our national interests at this time of economic instability generated by coronavirus.

I remind the House that section 38 of the 2020 Act was passed without a single person in either House formally objecting, either on Second Reading or in Committee. The Bill is needed as an insurance policy and as a guarantee of our national sovereignty within the meaning of the Vienna convention, and our national security.

EU-UK Partnership: EU’s Mandate

William Cash Excerpts

Thursday 4th June 2020 Commons Chamber

[Sir William Cash (Stone) (Con)]

I welcome the Chancellor of the Duchy of Lancaster, who has adopted, on behalf of the Government, the motion proposed by the European Scrutiny Committee, which I have the honour to chair. This motion derives from section 13A of the European Union (Withdrawal) Act 2018, as provided for by the 2020 Act. I emphasise that, because it was passed on Second Reading in this House by a majority of no fewer than 124 Members.

Under the motion, my European Scrutiny Committee has the duty of reviewing EU laws made and proposed during the transition period that affect UK vital national interests. In pursuance of that, and our report of 11 March, the motion is concerned with the Council decision in February that sets out the EU’s negotiating mandate, instructing Michel Barnier, which raises clear matters of our own vital national interests. We left the European Union on 31 January. The Chancellor of the Duchy of Lancaster has special responsibilities in relation to these negotiations, consistent with those of his distinguished predecessor John Bright, who coined the expression “the mother of Parliaments”.

The 2020 Act passed following the general election last December, and it contained in section 38 the historic affirmation of the sovereignty of the United Kingdom Parliament, to rectify the failure of successive Government policies on the EU, including the European Communities Act 1972 itself. Now that we have left the EU as the result of a succession of Acts of Parliament, including the referendum Act itself and the result of the referendum to leave, endorsed by the general election last year, we have a Conservative majority of 81. That endorsed Brexit, and left the other parties floundering in the wake of the democratic will of the British people, in line with the Conservatives’ commitment to our democratic self-government.

My Committee’s report on the EU’s negotiating mandate noted that, on the one hand, the EU recognises the autonomy of the UK, as well as our right to regulate economic activity as we deem appropriate. That is then contradicted by the EU proposing draconian conditions of UK compliance with what the EU describes as

“robust level playing field commitments”.

These include massive EU tax, social, employment and environmental standards, and EU state aid laws, as well as a fisheries deal with the EU enjoying pre-Brexit access to UK waters—not to mention the vexed Northern Ireland protocol.

That protocol was badly conceived by the previous Administration and included concessions on EU jurisdiction and the status of Northern Ireland. There were even reports that Martin Selmayr, the then deputy to Mr Juncker, regarded Northern Ireland as the price that the UK would have to pay for leaving the EU. Furthermore, there never has been a level playing field. For example, the subsidies in relation to steel and coal generally have always been continuously distorted against the interests of the UK.

I can remember raising these questions over 20 years ago in relation to, if I may say to the hon. Member for Sheffield Central (Paul Blomfield), my experience having been brought up in Sheffield, which was surrounded by coal communities and, of course, was the engine of the steel industry of the United Kingdom and the world. It was quite clear that the European Coal and Steel Community was operating on a basis that, for example, gave the German nation £4 billion a year in authorised subsidies, which put it in a hopelessly advantageous position as against us. Ambrose Evans-Pritchard and a list of other great economists have continually made clear the distortions in relation to state aid that have such a devastating impact upon us. We cannot allow ourselves to be drawn back into the framework of state aid prescribed by the European Union.

Indeed, according to The Brussels Times a few days ago, the German economy is receiving 52% of the total state aid approved by the European Commission under the EU coronavirus package. Similarly, the EU insisted on law enforcement and criminal justice conditional on our continuing with the European convention on human rights and personal data law along EU lines. It went further, insisting on an overall governance framework that would include a continuing role of the European Court of Justice. What planet are they living on?

This is encapsulated by the difference in language between the EU and the UK in relation to these negotiations. It speaks about a new partnership. Our White Paper refers to the future relationship. The EU is not a sovereign state. We are, and we have a sovereign Parliament. We have decided to leave, and we have left. It is bound to recognise us as such, but it refuses to do so.

[Hilary Benn]

The hon. Gentleman has set out the clear Government policy that they will not accept the adjudication of the European Court of Justice, but in any agreement—and we all hope an agreement is reached—there will have to be a dispute resolution mechanism. It would be helpful if he could tell the House his views on what kind of mechanism that would be and whether there might be a place within that for independent arbitration to deal with disputes. Given that he has just argued that EU member states have got away with state aid to the disadvantage of the UK, is he satisfied that the Government are asking for sufficient reassurance from the European Union that that will not happen in future under any agreement that is reached?

[Sir William Cash]

To answer the second point first, I am, of course, very conscious of what is going on in the negotiations. I hear what has been said repeatedly by the Government with respect to maintaining and protecting our vital national interests, and I believe that that will be the outcome—namely, we will ensure that we are not made subject to EU state aid in the way in which we have experienced it in the past. I have made the case. I can say more about it, but I do not need to for the moment.

With respect to the question of arbitration, it refers back in a funny way to my reference to John Bright, who was one of the initiators of the notion of international arbitration in the Alabama case. I will simply say this. I believe that the European Court’s jurisdiction cannot be allowed, but I go further: I think that some form of arbitration may be necessary, but not, under any circumstances, including our being subjugated to the rules and jurisdiction of the European Court.

I will now move on. For our report, my Committee consulted with 24 Select Committees, and we are immensely grateful to all of them for their contributions. The Prime Minister, in a written statement, followed by a Command Paper in February, made it clear—in line with Acts of Parliament that had already been passed, not to mention the outcome of the general election—that there would be no rule for the European Court of Justice, nor any alignment of our laws with the EU, and nor would any of the European institutions, including the Court, have any jurisdiction in the UK. Those statements and policies are entirely consistent with the democratic will of the British people. We asked the Government to publish their draft legal text, and I am glad to say that that has been done.

The timing of this debate is crucial because the Prime Minister will engage in a high-level meeting towards the end of this month. I ask the Chancellor of the Duchy of Lancaster for the exact date when that will take place, the agenda that will be before the meeting and who will attend on behalf of the EU and the EU27. This, in turn, is crucial, because Germany takes over the presidency on 1 July and there is all the sensitive history associated with Germany’s engagement with the EU, which I have debated and written about since April 1990, and have discussed face-to-face with many of its leading politicians, including Helmut Schmidt and others. My approach has been demonstrably justified by events. For example, the coronavirus package would move the EU towards greater EU fiscal and political integration, which the Germans would influence much more heavily than even they do today. Their slogan for the presidency is:

“Together. Making Europe Strong Again”

I simply add that we were not a minute too soon in leaving the EU.

The Government, in their Command Paper, say that by the end of June there is the opportunity for the

“outline of an agreement…capable of being rapidly finalised by September. If that does not seem to be the case...the Government will need to decide whether the UK’s attention should move away from negotiations and focus solely on…preparations to exit the transition period in an orderly fashion.”

Recent correspondence between our chief negotiator, David Frost, and Michel Barnier indicates that there is no real progress in the negotiations, because the EU is invariably asking for the impossible and, as correctly indicated by David Frost, the EU is not offering a “fair free-trade relationship” but a

“low-quality trade agreement…with unprecedented…oversight of our laws and institutions..”

Our vital national interests, which derive from our democracy and self-government, which is what this debate is about, are paramount.

I was extremely glad to hear what the Leader of the House said at today’s business questions on the issue of the extension of the transitional period, because he used the hallowed words of the late Margaret Thatcher, “No, no, no.” I am delighted to hear similar sentiments expressed by the Chancellor of the Duchy of Lancaster this afternoon. Any extension of the transition period, through which Mr Michel Barnier is outrageously trying to seduce remainers, would simply prolong negotiations; as David Frost stated, it would create more uncertainty, leaving us paying far more to the EU and binding us to EU laws, when we have democratically and lawfully decided to leave the EU by our own sovereign decision and our own sovereign legislation.

As for the Labour amendment to this motion, it completely turns the purpose of the “good faith” and “best endeavours” in article 184 of the withdrawal agreement, which places an obligation on the EU to enshrine European sovereignty, on its head. The amendment would betray that and with it the democratic will of the British electorate. In conclusion, I urge the Government to review the Northern Ireland protocol, which raises concerns about EU law and European Court jurisdiction, and the status of Northern Ireland. I look to the Government to ensure that the whole UK leaves on our own terms, because our sovereignty and self-government is an absolute bulwark of our freedom and our democracy.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I should warn the House that after the speech by the Scottish National party spokesperson there will be a time limit on Back-Bench speeches of four minutes; of course, that does not apply to Joanna Cherry.

--- Later in debate ---

[Sammy Wilson (East Antrim) (DUP)]

May I say at the very start that we support the Government in getting this deal done by the end of this year, and in honouring the commitment that has been made, including in manifestos to the people of the UK?

I could rehearse the things that we in Northern Ireland want to see undone in this withdrawal agreement. Of course, it is most damaging to the Northern Ireland economy and Northern Ireland businesses—it puts burdens on them and puts additional administrative checks on them—and, indeed, it leaves Northern Ireland open to anti-competitive dumping by EU countries. However, I want to widen this today. Many people see the Northern Ireland protocol as something that simply affects Northern Ireland: “It was unfortunate; we had to do it; we had to get a deal through; we don’t like parts of it, but given the special circumstances, it was the best we could do.” The point of the Northern Ireland protocol is this: it is the back door through which the EU is going to continue to undermine the sovereignty of this Parliament.

The Minister congratulated the hon. Member for Stone (Sir William Cash) on the fact that he has worked tirelessly to restore the sovereignty of this House. This withdrawal agreement and the protocol undermine and continue to undermine the sovereignty of this House. It does that through article 10 of the Northern Ireland protocol, which insists that the state aid rules will apply not to Northern Ireland, as paragraph 40 of the Government’s Command Paper suggests, but to the United Kingdom as a whole. Any state aid that the Government of the United Kingdom give to any firm that trades in Northern Ireland, as this therefore has an effect on possible trade by those firms through Northern Ireland into the rest of the EU, will be subject to EU laws, and the final adjudication on that, according to article 12 of the Northern Ireland protocol, will be by the European Court of Justice.

Let me give an example about any support that the Government give. Nissan has been mentioned today. If the Government decide they are going to help Nissan to develop battery cars, as Nissan sells cars in Northern Ireland, other car makers in Europe could challenge that, and the final adjudication on it will be not in the British courts, but in the European Court of Justice. That could extend to almost any activity, and for that reason it is important, if the Government are to live up to the commitment in the third part of their motion, that they address the withdrawal agreement. In the Command Paper, they see the withdrawal agreement as temporary anyway. They see it going along with a future trade arrangement.

[Sir William Cash]

Did my right hon. Friend notice the remarks that I made at the end of my speech with respect to the question of the Northern Ireland protocol?

[Sammy Wilson]

I did, and I appreciated the point that was made. It is important that this is revisited, and not just for the good of the economy and businesses in Northern Ireland. It is essential that it is addressed for the sovereignty of this Parliament and for the freedom of this Government to use fiscal policy, monetary policy and any kind of state support policy for the whole of the United Kingdom.

There is hardly a business in GB that does not trade with Northern Ireland, so either they do not invest in or do not trade in Northern Ireland, or else they will find that they are subject to EU laws, and any Government policy addressed to them would be perceived as giving an advantage. By the way, that advantage only has to be theoretical, according to EU law. The effect does not have to be real, it does not have to affect sales—in theory, it does have to affect sales—and it does not have to be substantial; it can be a very small proportion of help or a very small proportion of the market. This is a huge foot in the door.

I say to the Government that, during the scrutiny of and in the reports on this, we want to see what has been done. The withdrawal agreement must not be seen as set in stone if the Government, in their own Command Paper, see it as temporary anyway, albeit with the consent of the Northern Ireland Assembly. They also have to address the issue of how the withdrawal agreement impacts on sovereignty and on the ability of this Government to conduct their own economic policy in the United Kingdom.

Ministerial Code

William Cash Excerpts

Monday 2nd March 2020 Commons Chamber

[Michael Gove]

As the right hon. Lady will appreciate, it would be improper for me to go into individual personnel cases, but every legitimately raised complaint will, of course, be investigated.

[Sir William Cash (Stone) (Con)]

Anyone who has watched “Yes Minister” will know that profoundly felt differences of opinion can exist between civil servants on the one hand, and Ministers on the other. Does my right hon. Friend agree that, when a Minister or Secretary of State is implementing Government policy, that must prevail? Civil servants are crown servants and, as I am sure they would agree, they really do have to carry out the will of the people.

[Michael Gove]

My hon. Friend is right, and as I and my ministerial colleagues know, when implementing our manifesto commitments it is important that we are robust and clear about what is required, to ensure that we deliver for the British people. It is also true that the effective delivery of Government policy depends on candid advice from civil servants, and that relationship must therefore be one in which both sides respect each other’s particular responsibilities, as I know is the case across Government.

Transport Infrastructure

William Cash Excerpts

Tuesday 11th February 2020 Commons Chamber

[The Prime Minister]

The right hon. Member makes a very good point on behalf of Doncaster. We are certainly looking at the plan that he mentions.

[Sir William Cash (Stone) (Con)]

The Prime Minister knows how bitterly disappointed my constituents in Staffordshire will be about the decision. May I simply ask him, when he is considering the question of review, to include phase 2a from Birmingham to Crewe—and the rest of that part of the constituency, which is going to be so badly affected? We need a proper link with Handsacre to ensure that Stoke and Stafford are properly serviced. Does he understand that, and will he do everything to ensure that we are kept in the review?

[The Prime Minister]

Absolutely; on Handsacre, my hon. Friend has my full support.

European Union (Withdrawal Agreement) Bill

William Cash Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons & Money resolution & Programme motion & Ways and Means resolution
Friday 20th December 2019 Commons Chamber

[Sir William Cash (Stone) (Con)]

Having listened to what has just been said, I am bound to say that it is a complete inversion of what leaving the European Union is all about. The European Union is utterly undemocratic. As someone who has been Chairman of the European Scrutiny Committee for 10 years, and a member of that Committee for 34 years, I can say that I do know a tiny bit about what has been going on. The reality is that legislation is made in the Council of Ministers behind closed doors by majority voting, in addition to that which is made by consensus and without even a transcript. Fortunately, the people of this country will be able to hear and see what is done in this Chamber today, which they certainly could not do in the Council of Ministers. It is a complete travesty to suggest that, in some shape or another, we are little Englanders or nationalistic; we are nothing of the kind.

This is a watershed moment in our history. This Bill, when it is enacted, will go down in history—in conjunction with the European Union (Withdrawal) Act 2018, which repeals the European Communities Act 1972—as it stops us being subjugated and shackled by Europe and having rules imposed on us by other member states, allowing us to govern ourselves. It is about law making. That is why, after a free choice by the people of this country, we have been returned to this House. I congratulate the people with every fibre of my being for making their decision so emphatically.

The reality is that this is a historic moment. It compares with the decision that was taken in 1660 when the Cromwellian period ended and we returned to parliamentary government. We re-established parliamentary government in 1688. Then there were the Corn Laws. The working man was given the right to vote in 1867. In May 1940, we decided that we would not be governed by any other country. We defeated Hitler and made it clear that we would be a self-governing nation.

[Daniel Kawczynski]

I am very grateful to my hon. Friend for giving way. Will he acknowledge that there are hundreds of thousands of EU citizens in this country—people like me who have come from Europe to settle here—who voted for Brexit and believe in Brexit? The hon. Member for Bath (Wera Hobhouse) seeks somehow to represent all of the EU citizens, but there are hundreds of thousands of us who stand by and are proud of the decision that this country has taken to regain her sovereignty.

[Sir William Cash]

I agree with every word that my hon. Friend has said. For me, this has been a long journey. My first amendment on the question of sovereignty was in June 1986 during the Single European Act. I was not even allowed to debate it. I was cut off at the knees by one of your predecessors, Mr Deputy Speaker, for daring to suggest that the matter should be debated. The fact is that we then moved on to the Maastricht treaty, and I had the honour and privilege to help run and then lead the rebellion that was needed to stop European government, which is what that treaty was all about. Then we moved on to Nice, Amsterdam and Lisbon.

As I survey the landscape of the enormous change that is taking place today, I see exhausted volcanos of former Prime Ministers who have been constantly in the media telling us that we got Brexit wrong. No, we did not. Furthermore, not only did we get it right, but the British people 100% know that this is one of the great moments in British history. We have been shackled by the European Union. Yes, we will continue to trade with it. Yes, we will have global trading. Yes, we will have our democracy and our sovereignty back. This is a great moment in our history. I can only say that, as far as I am concerned, the most important clauses in this Bill are 29 and 38. One gives the right to the European Scrutiny Committee to determine whether matters of national vital interest need to be protected from legislation, which may well be brought in against us by the European Union from behind closed doors during the transition period. For example, the ports regulation, which was imposed on us only a few years ago, was objected to and absolutely resisted not only by Members of the Committee but by all the trade unions and port employers.

[Sir John Hayes (South Holland and The Deepings) (Con)]

And by me.

[Sir William Cash]

And by the former Minister as well. We were overridden by Europe. This Parliament was treated with contempt. The regulation was imposed despite the fact that we were completely against it.

The other important clause relates to parliamentary sovereignty. I am glad to note that the wording in that clause is identical in certain respects to that which I put forward in June 1986. Perhaps this long journey has been proved to be worthwhile.

I congratulate the Prime Minister on what he has achieved, and, above all else, I congratulate the voters of this country, particularly those in former Labour seats, for their decision. I was brought up in Sheffield and saw the destruction of the steel industry and the destruction of the coal industry. [Interruption.] No, it was done—[Interruption.] Look, I will not take any lessons from the hon. Member for Sheffield Central (Paul Blomfield). I voted against the closure of the coal pits. I was one of the very few people—[Interruption.] I am just telling you that it was the European coal and steel community that was at the root of the problem. As vice-chair of the coal communities all-party group, I can tell you that I worked with Labour Members of Parliament on these issues.

[Mr Deputy Speaker (Sir Roger Gale)]

Order. The hon. Gentleman is a very experienced parliamentarian. He knows that he should address the Chair, and not individual Members and, while I am on my feet, I say to him that I am looking at the clock as well.

[Sir William Cash]

I am grateful for that comment, Mr Deputy Speaker, because I agree with it. I will only say, with every fibre of my being, that the European Union has done no good to this country. We run a massive deficit with it and a surplus with the rest of the world. By this Bill, when enacted, we will regain the right to govern ourselves. It is about democracy and trust, which is something so precious that people fought and died for it.

[Mr Deputy Speaker]

It is now a pleasure to invite the hon. Member for North Down (Stephen Farry) to make his maiden speech.

Early Parliamentary General Election Bill

William Cash Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons
Tuesday 29th October 2019 Commons Chamber

We have seen the difference between what we were able to do between 2010 and 2015, with a full five-year programme in coalition with the Liberal Democrats, and the instability that ensued as a result of the numbers that came out in 2017. We have seen enormous difficulties, given the importance of Europe as an issue. We have seen people in all parts of the House wrestling with their conscience over the division between their loyalty to their belief in the European ideal and their loyalty to their party.

[Sir William Cash (Stone) (Con)]

I have just heard reference to the European ideal, and I would be grateful if my hon. Friend told me whether he has any evidence of what that really means. Has he ever heard anyone properly justify why they would want to remain in the European Union, which is utterly undemocratic and dysfunctional?

[Crispin Blunt]

I am extremely grateful to my hon. Friend, but I suspect I might get into a deal of trouble if I were to follow him down that rabbit hole, Madam Rosie, although I would love to. If you will allow me briefly to reply to that point, I think it is actually about an attachment to internationalism and values that we can convince our young people can be carried out on a global scale as well. If the term “global Britain” is to mean anything, it must mean the values that motivate people with the European ideal of co-operation with our neighbouring states. Britain is big enough to do that on a global scale and to make our young people proud of their country, proud of its international standing and proud of its attachment to the rule of law and the defence of human rights. We are now tantalisingly close to being able to scope a new vision for Britain, and that is one of the reasons that it is terribly important to get on with this election.

--- Later in debate ---

[Crispin Blunt]

I sincerely hope that is the case. I have made submissions that I hope will make our manifesto more attractive to young people and much more forward looking.

We also ought to remember that there will be three extra days—or five, given that we will drift over the weekend—for people to get their postal votes sorted, which is important if we are to have a December election. I think it is now agreed that the absolutely overriding national interest is to resolve the strategic incoherence of the legislature and the Executive, and we will all need to mobilise people and be part of the campaign to assist people in registering for postal votes if the weather or light will affect their being able to get to a polling station.

All that will also be an additional burden on the electoral registration officers and their teams. For electoral registration officers trying to cope with the demands that we are about to present to them, the three days will be extremely important. There is a good case for widening the take-up of postal votes, not least for students and others who will be able properly to exercise the franchise to which they are entitled.

In conclusion, I hope that the House will consider my arguments. Having the election will resolve the incoherence of good public administration in the circumstances we face today. Dame Rosie, you and your colleagues have prevented us from disappearing down a rabbit hole in order to enable yet further delay and obfuscation by trying to change the nature of the franchise at very short notice. Goodness knows what problems that would then present unto the hard-pressed electoral registration officers on whose behalf I have trying to speak. I hope that the Committee will vote for sound public administration and to support our poor officials who do great work in enabling our democracy to function.

[Sir William Cash]

On a point of order, Dame Rosie. I seek your guidance on the selection of amendments. Am I right in believing that, although there has rightly been an enormous amount of concentration on the figures “9” and “12” in amendments 2 and 3, there is ample opportunity for us to consider the issues of clause stand part? The questions of clause 1 and clause 2 stand part are both important in their own right, and I would be glad to know whether you are able to confirm that—I noticed the Clerk nodding her head.

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I can indeed confirm that. I noticed that the hon. Gentleman might be trying to catch my eye, so no doubt at that point he will address the very clauses he mentions.

--- Later in debate ---

[Sir William Cash]

My hon. Friend referred to the possibility of holding elections in schools. He might know what I am about to say. In his great constituency, there is a school called Stonyhurst College, which I happened to attend. Can he recall any occasion when Stonyhurst’s premises were used for elections?

[Mr Evans]

I do not believe so. It was used as the venue for the count for the by-election and the subsequent general election, which was fortunately only 12 months after, because I lost the by-election, but then won the general election in 1992.

We do not want to lose any school time. Nativity plays have been mentioned. We do not want to lose nativity plays, either. It has been said that losing some nativity plays at least brings to an end the farce that has gone on here. I fully appreciate that, but we do not want to inflict any sorrow on children who have been rehearsing for their nativity plays. If the election is on 12 December rather than 9 December, it will give schools the opportunity to plan ahead and to make sure that the rooms that are used will not conflict with any nativity plays.

Whether the election is on 9 or 12 December, people who are listening to this debate ought to take the opportunity now to ensure that they have postal votes or proxy votes. I have already bumped into a number of people who told me that they are going trekking in the Himalayas and are going to be away for five weeks. People are going on cruises and all that sort of stuff. I hope that people take precautions now. The most important thing at a general election is for people not to lose their vote and to be able to participate in helping to vote for the next Government of this country. Whether the election is on 9 or 12 December, I hope people vote Conservative and ensure that we deliver the Brexit that they voted for at the referendum.

--- Later in debate ---

[Sir Desmond Swayne]

I can assure my hon. Friend that the independent members of my New Forest association would not tolerate anyone imposing a candidate or superintending the process, and I would hope that other constituencies would follow a similar line.

I will, if I may, come to the question of students. We have heard that, overwhelmingly, students choose to vote at home, that postal and proxy votes are available, and that 40 of the top universities will still be sitting on 12 September.

I believe that my hon. Friend the Member for Ribble Valley (Mr Evans) was quite mistaken in an earlier intervention on my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson). He implied that students could be registered at only one address. That is not the case. Students are entitled to register at both addresses. Of course, it is important that they vote at only one of them. When I was the chairman of the Saint Andrews University Conservative Association—a former friend, Alex Salmond, will remember these events well—I saw it as my duty to ensure that all members of the Conservative Association were registered at both addresses, so that, in an election, we would be able to inform them as to where their vote would count for more. I undertook that task. Unfortunately, on the evening of the referendum, I think, in 1979, I was visited by members of Special Branch and charged with 53 offences against the False Oaths (Scotland) Act 1933. I got off the charges, but nevertheless it was certainly a very frightening experience. In those days, universities and university political associations went to great lengths to ensure that all their members were registered at both addresses. If that has continued, then it should not be a problem.

I conclude by saying that, having heard the speech—the very impressive Second Reading speech—of the hon. Member for Birmingham, Yardley (Jess Phillips), I can assure my hon. Friends that I would not be voting for this Bill with any great enthusiasm if she were the leader of the Labour party.

[Sir William Cash]

The clause stand part provisions raise very important questions of principle, which we must consider very carefully. It all goes to the question of the Fixed-term Parliaments Act 2011 itself. On Second Reading, I made the point very clearly—for those who are interested in looking at how that disgraceful Act was put through the House—that I was very, very strongly against it. I looked through the Division lists earlier on. I see my right hon. Friend the Member for New Forest West (Sir Desmond Swayne) in his place—I think that he was the Parliamentary Private Secretary to the Prime Minister at the time. I incurred the wrath of the Prime Minister by my absolute determination to do everything possible to ruin the Fixed-term Parliaments Act. In fact, I am afraid to say that we managed to muster only 10 Members of Parliament, and not always that. On one occasion, I found myself with just one other person—the then Member of Parliament for Aldridge Brownhills, Sir Richard Shepherd. He and I ended up as the only ones who voted on that. That is why I am specifically thinking about the manner in which this important Bill is being brought through the House. There was a particular amendment that I took the gravest interest in during the passage of the Fixed-term Parliaments Act, and we are now dealing with an amendment to make provision for a parliamentary general election to be held on 9 December as compared with 12 December—the date in the Bill itself. It has already been ruled that clause stand part is an integral part of these proceedings, and I have every intention of making the points that I want to make on that, having had the ruling that I did from the previous incumbent of the Chair.

I refer to a very important website called the Public Whip. When I got my information from the Library today, I noticed that the Public Whip said that I—the Member of Parliament for Stone—was very “strongly against” the Fixed-term Parliaments Act. I can tell hon. Members why, and it is very simple. I was against it because it gave the Whips an undemocratic power and created the shenanigans of upsetting the rule regarding simple majorities for general elections; and that is why we are in the mess we are in now.

[Mr Duncan Smith]

I was a member of the Government at the time of the Fixed-term Parliaments Act, and was therefore bound to support the proposals. However, I recall that one of the discussions that took place was that there should be a sunset clause, meaning that the provision’s short purpose, which was to do with sustaining a Government at the time, would have gone away and we would have returned to the other method. I did make the point, as I am sure my hon. Friend has, that when we fiddle with the constitution without proper checks and balances, there will almost invariably be very heavy consequences, but that point was never quite taken.

[Sir William Cash]

Indeed. It is when sunset comes to an end that Dracula comes out of his crypt. I am not referring to my right hon. Friend, of course. What I am saying, however, is that the consequences of the Fixed-term Parliaments Act have been abominable for the proceedings in this House.

[Mr Whittingdale]

May I congratulate my hon. Friend on the perspicacity that he showed during the passage of the Fixed-term Parliaments Act, as he has done on so many other occasions? He might recall that the then leader of the Liberal Democrats advocated the Fixed-term Parliaments Act on the basis that it would give much greater political stability to our system in future years. Does my hon. Friend agree that that was about as accurate a prediction as all other Liberal Democrat predictions?

[Sir William Cash]

Absolutely, and of course that legislation was cobbled together for the very simple reason that they wanted to keep in with the Liberal Democrats. That was the real purpose of the Fixed-term Parliaments Act, and it was one of the most pernicious aspects of the coalition.

I understand, by the way, that part of the coalition deal included a plan to get rid of the 1922 committee. The coalition wanted to bring Ministers into that committee, which would have destroyed it. I fired what could be described as an almighty Exocet, and guaranteed that Ministers would not be allowed to vote—on the pro bono advice that we received from a very eminent QC whom I instructed.

A book by Matthew d’Ancona was brought to my attention a few months ago. On reading it, I found—to my astonishment but great interest—that the then Prime Minister, in a conclave with his closest advisers before the coalition began, was talking about the coalition and how he was going to conduct his Prime Ministership, and he said to those advisers, “I have a choice to make. Am I going to go into a coalition with Nick Clegg or Bill Cash?” I found that most interesting.

That is why this clause stand part debate is highly relevant. We have this extraordinary situation in which the whole issue of an early general election is, largely speaking, the product of all the shenanigans on the Opposition Benches and the other shenanigans with our own colleagues in the House, some of whom lost the Whip and all the rest of it. I strongly believe that this business of having a general election, which, but for this Bill, would not have been put through, is connected with the very reason why people wanted a coalition back in 2010, which was to stop people like me banging on about Europe—I remember the then Prime Minister saying that—but they did not have a chance. That point has to be made.

[Craig Mackinlay]

My hon. Friend is making the most excellent points about the drawbacks of the Fixed-term Parliaments Act, which he was opposed to. Does he think that there is a salutary lesson here that this place should not legislate in haste at any time? Does he share my concerns about the rapidity and danger of the Benn surrender Act, which will stain this House for many years to come? Its effects are being seen today and will be with us for a very, very long time.

[Sir William Cash]

That is absolutely right.

Over the centuries, Parliaments have acquired their own names. For example, we have had the Barebones Parliament, the Rump Parliament and the Addled Parliament, and there has been the Mad Parliament. This Parliament ought to be called what it has now become—the Purgatory Parliament, with the shenanigans from the Opposition and from those who have been determined to remain in the European Union at any price. I have often had to upbraid them. I remember saying:

“I have heard of rats leaving a sinking ship but never of rats trying to sink a leaving ship.” —[Official Report, 18 July 2018; Vol. 645, c. 503.]

That remains on the record from some months ago. I say it again for this reason: I believe very, very strongly that it is unconscionable that we should not have this general election. We need it because, above all else, we had the referendum which was itself put into effect by virtue of this House deciding, by six to one, that it would have it. That was in the parties’ manifestos. Opposition Members voted—some of them did and a few did not—by 499 to 126 for the European Union (Notification of Withdrawal) Act 2017. Every single Conservative Member of Parliament, even the right hon. and learned Member for Rushcliffe (Mr Clarke), voted for the European Union (Withdrawal) Act 2018, which received Royal Assent on 26 June 2018.

[David Tredinnick (Bosworth) (Con)]

My hon. Friend talked about rats. The exact quotation, if I recall it correctly, is that there are many examples in history of rats leaving a sinking ship but only one of mice joining one.

[Sir William Cash]

Ha, ha—well, I must say I find that very amusing, and I am grateful to my hon. Friend for saying it.

The name that this Parliament has now acquired and deserves—the Purgatory Parliament—is, I believe, appropriate and right in the circumstances. I would say this to the Committee, as I did some weeks ago on another occasion: in the name of God, go. I believe that this is the moment for this Parliament to depart, in the words of Oliver Cromwell all those years ago. The Speaker has quite frequently referred to 17th-century precedents, so I say again to this Parliament: in the name of God, go. Let us get on with a general election and let us get Brexit done.

[Mr Baker]

Amendment 14 has the effect of aligning the registration deadline for Scotland with the registration deadline in the rest of the United Kingdom, by removing the need for the St Andrew’s day bank holiday in Scotland to be taken into account. I congratulate the Minister on his wisdom in bringing forward that sensible amendment, but I wonder whether he could confirm that Scotland is being treated fairly with this amendment. On the Conservative Benches, we are most concerned to ensure the fair treatment of Scotland. We are very proud that Scotland is in the United Kingdom, and we are determined to ensure the fair treatment of people throughout the great country of Scotland.

Early Parliamentary General Election Bill

William Cash Excerpts

2nd reading: House of Commons
Tuesday 29th October 2019 Commons Chamber

[Sir William Cash (Stone) (Con)]

I very much applaud the Prime Minister for the stand that he has taken continuously over the past months. He is doing the right thing for the right reason. Furthermore, I have listened to the Leader of the Opposition talking about autocratic, undemocratic decision making. Time and again, we have witnessed undemocratic decisions—on the Benn Act and a series of other enactments and motions—continuously over the same period of months.

The Opposition are a disgrace. They have completely undermined the democracy in this House, and have undermined the referendum—or are trying to do so. At last, they have been dragged kicking and screaming to the Dispatch Box, and it sounds as if today they are effectively going to agree that we will have a general election in December. I therefore have absolutely no compunction whatever in condemning them for their shameless behaviour and for voting against motions for an early general election over the last few months.

I am glad to say that I voted against the Fixed-term Parliaments Bill back in 2010 and 2011 during its passage through the House, and I did so for precisely the reasons that we are now having to overcome. I said at the time—on Second Reading and while discussing various amendments—that the provisions of that Bill, which the Bill we are discussing today is at last putting straight, were

“in defiance of the democratic mandate. This is about Whips and patronage; it has nothing to do with the people outside.”

I said that damage was being done to the people of this country and that there was no mandate

“of any kind for any party, in any manifesto, in any part of the political system.”

I also said that

“a motion can be passed by a simple majority of one, as has been the case from time immemorial—from the very inception of our parliamentary process in what is sometimes described as the ‘mother of Parliaments’. That is now being changed in a manner that will seriously alter the method whereby a Government may fall.”—[Official Report, 24 November 2010; Vol. 519, c. 309-312.]

Furthermore, I added that what mattered was the constitutional principle that underpins the basis of having a simple majority in this House; this two-thirds majority has always been wrong.

[David Linden (Glasgow East) (SNP)]

Will the hon. Gentleman give way?

[Stewart Malcolm McDonald]

Will the hon. Gentleman give way?

[Sir William Cash]

I will not give way for a very simple reason, which is that both hon. Gentlemen have consistently tried to obstruct Brexit for the most specious and completely unacceptable reasons.

[Mr Speaker]

Has the hon. Gentleman completed his oration?

[Sir William Cash]

indicated assent.

[Mr Speaker]

He has. [Interruption.] There is a rather unseemly atmosphere in here. Mr Linden, you are a very over-excitable fellow today; calm yourself. Mr Newlands next to you is clearly moderately embarrassed. He is going to try to encourage you to tread a path of virtue, and we should say three cheers to that. Meanwhile you can smile, Mr Linden, because I am about to call your leader—Mr Ian Blackford.