(5 years, 1 month ago)
Commons ChamberThe situation is very simple, and the bottom line is this. The Labour party is scared—[Interruption.]
Order. The hon. Gentleman, who is Chair of the European Scrutiny Committee and has served without interruption in this House for the last 35 years, must—and will—be heard.
The bottom line is this. I heard the right hon. Member for Ross, Skye and Lochaber (Ian Blackford) talking about disrespect just now, and I heard the Leader of the Opposition talk about trust. What those who are abstaining or voting against the motion are doing is utterly disrespectful to their own constituents and utterly disrespectful to our democratic system. They are not trusting the people, they are not removing the uncertainty and they are not allowing the British people their democratic right to choose Members of Parliament whom they wish to elect in individual constituencies.
What the Leader of the Opposition and the right hon. Member for Ross, Skye and Lochaber are doing is denying democracy. That is completely and totally unacceptable, whether people are remainers or leavers. The democratic right of the British people is to have a general election in the situation we are in now. Yes, certainly we should be supporting leaving the European Union, but remainers, too, have the right to vote, and that is being denied them by the Leader of the Opposition and every single Labour Member of Parliament and others who are either abstaining or voting against the motion today. That is a total denial of democracy. When it comes to the general election, I trust that the people who know why they have been denied it will vote against those Members of Parliament, to make sure that those Members themselves see the damage they have done to our democratic system.
(5 years, 1 month ago)
Commons ChamberMore than 100 hours—so what on earth are we doing pushing this Bill through over a couple of days? I appeal to everybody—and I mean everybody; I am looking at Government Members—to let this House do its job and to have proper scrutiny of something that is so absolutely fundamental.
Having been at the heart of the Maastricht rebellion, I will make a very simple point: first, there was no manifesto commitment to the Maastricht treaty; and, secondly, there was no referendum.
I am not sure what the relevance of that intervention was at all.
It is a pleasure to follow the hon. Member for East Dunbartonshire (Jo Swinson), the leader of the Liberal Democrats. I give her and her party credit for consistency. No one has ever been in any doubt about where they stand on Europe. Unfortunately, that is not the case for the Labour party, whose leader, as my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith) has already pointed out, supported leaving the EU for a long time, fought an election on the wish to respect the result of the referendum and said consistently that a second referendum was out of the question.
Members will be aware that the hon. Member for Cardiff West (Kevin Brennan) was forced to abandon his 60th birthday party as a result of the House sitting on a Saturday. The House may not be aware that he and I were born on precisely the same day and that, as a result of the programme motion, I have now postponed my own 60th birthday party. However—unlike, I suspect, the hon. Gentleman—I regard that as a small price to pay, and one that I am very willing to pay, if the result is that we get Brexit done.
Members have said that the Bill is being rushed through and that there has not been time to look at it properly. I have been privileged to serve as a member of the Select Committee on Exiting the European Union since 2016, and we have spent an awful lot of time scrutinising the process by which the UK will leave the European Union. We looked at the withdrawal agreement as originally proposed by my right hon. Friend the Member for Maidenhead (Mrs May), and, of course, we have taken numerous sessions of evidence for the purpose of further examination.
As was pointed out by my right hon. Friend the Member for Chingford and Woodford Green, many parts of this withdrawal agreement are similar to what was presented by the previous Prime Minister. The major differences between the agreement that we are considering today and the previous one are the changes that have been made, first, to the Northern Ireland protocol, and secondly to the political declaration and the direction of travel for our future trading agreements.
Like the Prime Minister, the Foreign Secretary, the Leader of the House and my right hon. Friend the Member for Chingford and Woodford Green, I did not support the Government in the first two meaningful votes, but I did support them in the third, because I wanted us to fulfil the promise that had been made that we would leave the European Union by 29 March.
I just wondered whether my right hon. Friend was aware that the provisions relating to parliamentary sovereignty and those dealing with the protection of vital national interests, both of which are included in this Bill, would not have appeared in the previous Bill.
I am grateful to my hon. Friend, because I was about to say why I regarded this Bill as being a considerable improvement on the previous agreement, and he is right to point that out. The agreement that we are considering this afternoon does address the principal concerns that a number of us had, particularly about the so-called backstop and the risk that this country could be locked indefinitely into membership of the customs union, which would prevent us from achieving one of the great prizes offered by Brexit, the ability to negotiate our own trading agreements.
In the time available, I will make a few points regarding clauses 29 and 36, which I authored myself in negotiation with the Government because I was so concerned about article 4 of the protocol and part 4 of the agreement.
The entire Bill is ultimately about sovereignty. I would go further: we need not only to reaffirm that, as these clauses do, but to increase the monitoring and scrutiny of these arrangements within the framework of the House. The ports regulations were pushed through a few years ago. Similar provisions will be pushed through in the transitional period, when the EU will take control of us in the legislative process, and we will have no means of defence except by reference to the kind of clauses that I have produced and which I am glad the Prime Minister has accepted.
Section 1 of European Union (Withdrawal) Act 2018 is clear and unambiguous: we will repeal the 1972 Act on 31 October. That is the law of the land, as I have said repeatedly. It is clear and unambiguous and it is the law. Lord Denning, without doubt the greatest jurist in modern history, specifically stated that where Parliament wishes to assert its supremacy, it can do so by stating clearly that a domestic statute is to apply, notwithstanding European law, and this would include sections 2 and 3 of the 1972 Act. He stated clearly:
“If the time should come when our Parliament deliberately passes an Act with the intention of repudiating the Treaty or any provision in it or intentionally of acting inconsistently with it and says so in express terms”,
as section 1 of the European Union (Withdrawal) Act 2018 clearly does,
“it would be the duty of our courts to follow the statute of our Parliament.”
Nothing could be clearer. I would add to that mix the fact that there are principles of sincere co-operation under article 4 of the treaty, and of wrongful reason in international law, which I have no time to go into.
This is the gravamen of the question, and the manner in which I believe we will be able, through the mechanisms provided under clauses 29 and 36, to give protection. I am deeply concerned about the provisions relating to Northern Ireland, and I agree with what others have said on that subject.
The hon. Lady is a member of my Select Committee. Let me simply add, having set up evidence sessions with departmental Select Committees and having taken control of the manner in which the report is produced on that evidence, that Ministers will be under an obligation to allow the motion to be moved, and furthermore we will be able to vote on it. The bottom line, therefore, is that there will be real opportunities for the House to express its views in conjunction with any Select Committee that is brought into the arena with the European Scrutiny Committee. We will work effectively with those other Committees, as we have already done, for the purpose of adducing that evidence. We will then, I believe, be in a position to rely on the fact that the Floor of the House of Commons will determine the outcome of that evidence, and when there is a vote on it, we will then be able to apply the principles of parliamentary sovereignty in line with the judgment of Lord Denning, which I do not need to repeat.
These measures go to the very marrow of our body politic, which is the birthright of our citizens, forged over centuries in war and peace throughout our history. We had a referendum, and we had a decision from the British people. We must implement that decision, and anyone who opposes the Bill is effectively undermining our democracy and our self-government.
It is a great pleasure to follow the hon. Member for Pontypridd (Owen Smith); we share a Christian name—I think we are the only two Members of Parliament with the name—and I share his concerns about Northern Ireland, which I will come to in a minute, but I do not think we have that much else in common.
People are looking at this debate absolutely exasperated; people were told that this Parliament would give them the power of decision to decide whether we stayed in the European Union or whether we left, and we have this collision, which I have mentioned on numerous occasions before, between direct democracy and representative democracy. The representatives here have royally let down the people of this country, because for the first time the people have gone against the wishes of their elected Members, and the elected Members here have used every possible technique to thwart them, and they know it.
We promised to take back control. All Conservative Members were elected on a manifesto to leave the single market, leave the customs union and leave the remit of the European Court of Justice. Does this Bill do the business? It is a start. It is a very good start; that would be my judgment. There are numerous things in it which I do not like, but it does set the process in train for us to honour what we promised the people.
Does my right hon. Friend agree that one of the most cardinal sins we can commit in this House of Commons is to vote for a Bill knowing full well what it says and then to reverse those votes in effect at a later date?
I totally agree with my hon. Friend. It was also wicked to promise the people that we would respect their judgment and not deliver it.
So this Bill does begin to bring laws back. It does not yet begin to bring money back, but there is, I am pleased to say, with this version light at the end of the tunnel, which is a free trade agreement, which is where we should have gone from the very beginning. That is what President Tusk offered us back on 7 March 2018, but we have inherited all this baggage from the previous negotiations and, in my opinion, an awful lot of that remains, which I regret.
There are two big areas that I am still very unhappy about. First, I am concerned that the transition period could be used to take advantage and to ruin what is left of our fishing industry. That is a wonderful natural resource. I find it completely extraordinary that Members such as the hon. Member for Brighton, Pavilion (Caroline Lucas) talk in glowing terms about the environmental benefits of the EU; we throw back 1 million tonnes of healthy fish dead, because of the stupidity of the way the common fisheries policy is managed. I was delighted to learn from my right hon. Friend the Prime Minister’s reply to me earlier that we will bring back complete control of our exclusive economic zone and all our resources so that we can manage them in a modern way, as I wrote in a Green Paper way back in 2005. However, I am worried about what will happen during the transition.
Secondly, I am concerned about Northern Ireland. I wrote an article just 10 days ago saying that I was worried about antagonising the Unionists. There is great interest in republican activity, but I am concerned about the Unionist community, which the hon. Member for North Down (Lady Hermon) has mentioned on numerous occasions. We had an incident on the Newtownards Road last night. I hope that the Lord Chancellor will give us some assurance in his reply to the debate that all the arrangements in the current protocol will be dissolved when we conclude a free trade agreement with the European Union and that this sovereign UK Parliament and Government will pass a law to move Northern Ireland into the free trade agreement on a level pegging basis with the rest of the United Kingdom. That might alleviate some of the concerns in Northern Ireland.
If those two issues can be resolved, I will vote for this Bill, albeit without any great enthusiasm, because it sets us on the road. Having mentioned Ireland, it is worth looking at the example of the Republic of Ireland as it emerged from the Irish Free State. Michael Collins said something in the Dáil Éireann on 19 December 1921 that pretty much reflects my views this evening:
“Now as one of the signatories of the document I naturally recommend its acceptance. I do not recommend it for more than it is. Equally I do not recommend it for less than it is. In my opinion it gives us freedom, not the ultimate freedom that all nations desire and develop to, but the freedom to achieve it”.
This Bill begins the process of establishing our full freedom, and I hope that I do not suffer the same fate as Michael Collins in wanting to see that delivered.
(5 years, 2 months ago)
Commons ChamberThe right hon. Gentleman, for whom I have a high regard, is, I think, one of those who believes that we should delay further in the EU. I do not believe that. I think we should come out as one UK, and I think there is a very important difference between Northern Ireland and the other constituent parts of the UK. That is evident in the Good Friday agreement and it is evident in the need to treat that particular land border with a great deal of sensitivity and respect. That is something that is agreed in all parts of the House and is I think appreciated by the right hon. Gentleman himself.
Will my right hon. Friend personally guarantee that in the withdrawal Bill there will be a guarantee to protect in practice our parliamentary sovereignty and furthermore that, in relation to the withdrawal agreement, there will be provision to protect the United Kingdom from any harmful matters relating to our vital national interests under a parliamentary system that will guarantee that this House will decide if there are any situations where we need to prevent EU laws from being harmful to those vital national interests during the course of the future arrangements that have been put in place?
My hon. Friend has campaigned on this matter for many, many years. Indeed, there is a sense in which this occasion today is a colossal vindication of his parliamentary career, in that he has long campaigned for us to come out of the EU. He raises an important point about our ability to protect this country from injurious or vexatious legislation coming from the EU during the IP. I can certainly give him the assurance that we will have such protection.
(5 years, 2 months ago)
Commons ChamberI must confess that I am disappointed by the tone and some of the remarks that the right hon. Gentleman has made, because I think that this is a very good basis for a deal. To take his points in turn, and to take his questions seriously, he asks what the advantage is of this deal over the previous withdrawal agreement. Simply, it is that the objections on all sides of the House to the previous withdrawal agreement were based on the backstop, which would, as he knows, keep the UK locked in the customs union and single market with no say on those arrangements. I listened carefully to hon. Members on both sides of the House during those debates and that was the burden of the House’s objections to the backstop.
The right hon. Gentleman asked a reasonable question about standards and environmental and social protections. I think that it would be the will of the House under any circumstances to keep our standards the highest in the world. The advantage that we have in coming out of the EU, as I am sure he would accept if he reflected on it, is that we can go further. There are some things that we can now do that have been long called for by the British people—for instance, on animal welfare—that would be very advantageous. For instance, we can now ban the cruel export of live animals. I am sure that he will see that advantages will flow from that approach.
The right hon. Gentleman asked about physical infrastructure at the border, and I have been clear many times—and the Government have been clear many times, as were the previous Administration under my right hon. Friend the Member for Maidenhead (Mrs May)—that under no circumstances would the UK institute physical infrastructure at or near the border.
The right hon. Gentleman raised the concerns of businesses in Northern Ireland. Of course they must be at the forefront of our minds, and we will ensure that their needs are properly looked after. That is indeed why we have made the compromises that we have for the immediate future to protect their immediate interests. He asked about unfettered access to the GB market, and they will of course have unfettered access to the GB market with no checks whatever. That goes without saying. One thing that is certain about those businesses is that they want a deal. I have talked to them, as I am sure the right hon. Gentleman has. I believe that this is their chance, and our chance, to get a deal.
I listened to what the right hon. Gentleman said about delay and keeping this country in the EU beyond 31 October. That option does not commend itself to me: it would incur another £1 billion a month to no advantage whatever. The people of this country have had enough unnecessary dither and delay. They want to get Brexit done; they want to get on and do a deal. This is a very good basis for a deal, I commend it to the House and I hope that right hon. and hon. Members across the House will support it.
In welcoming indications of progress in the negotiations, does my right hon. Friend agree that the overriding democratic issue is that the referendum result, and the withdrawal Act with 31 October as the end date, confirms the sovereign and inalienable right of the British people to govern themselves and that we need a general election in this country now and to get Brexit done?
I am grateful to my hon. Friend. The Opposition have many times—at least several times—rejected the invitation to have a general election, for reasons that I think will be apparent to most people in this House and most people in this country. We must leave the Opposition to consider their own decision, but what I can certainly tell my hon. Friend is that under this deal, this country will certainly be taking back control not only of its borders and its money, but also of course its laws.
(5 years, 2 months ago)
Commons ChamberI thank the right hon. Gentleman. On his substantive point, we do respect the Supreme Court. The reason that I want a Queen’s Speech, and wanted a Queen’s Speech, is quite frankly, of course, because we have to do what we can as a United Kingdom to remedy the waste and incompetence of the high-taxing, fish-abandoning Government of the SNP in Scotland. That is why we are investing in 20,000 more police officers, 20 new hospital upgrades, levelling up education spending, and funding gigabit broadband across the country. I hope—and I bet the people of Scotland hope—that in spite of all the uselessness of the Government of Scotland those benefits will be passed on to the people, because that is the only obstacle in our way.
The Supreme Court mentioned that the Prorogation had—[Interruption.]
Order. I apologise for interrupting the hon. Gentleman, but he, too, must be heard. I want to hear his question and the answer to it.
The Supreme Court mentioned that the Prorogation had an extreme effect on the fundamentals of our democracy. Does my right hon. Friend accept that it is more than an extreme and undemocratic effect for Parliament itself to tear up its own Standing Order No. 14, because the priority that that Standing Order gives to Government business, as compared with private Members’ business such as the surrender Act, derives exclusively from the fundamental democracy of the voters of this country in general elections, and to remedy this, they must be given an early general election to decide who governs this country?
I thank my hon. Friend. He is, of course, quite right in the sense that the people of this country can see all kinds of forces in this country going to quite extraordinary lengths—whether judicial or parliamentarian—to prevent Brexit from being delivered on 31 October, but I have to tell him—and I am sure that he will agree with me—that we are not going to be deterred by such ruses, and that we are going to get this done.
(5 years, 3 months ago)
Commons ChamberThe fundamental question that faces us today about whether or not we should have an early parliamentary election is really the same question we have been debating now for many, many years, and in particular in the past three years in relation to the referendum result. The key question is: who governs this country? That is the issue before us tonight. I have to say, with the greatest concern, that the Labour party has taken the view that it should run away from the very question that it knows it will not be able to answer unless it wins the general election. It also knows that it will not win that general election on all the present estimates. That is the real reason why Labour Members will not answer the question of who governs this country and why they will not, apparently, vote tonight to answer the question and give us a general election.
The Leader of the Opposition kept on saying that he would allow a general election only if the European Union (Withdrawal) (No.6) Bill, which has been given Royal Assent today, was passed. The Bill has been passed, but ironically it still has not answered the question I posed at the beginning about the law of the land and who governs this country. There is nothing in that Act to repeal section 1 of the European Union (Withdrawal) Act 2018, which says, as the law of the land, that 31 October is exit day as we speak in this debate. Section 1 also says that the European Communities Act 1972 is repealed. Furthermore, the commencement order has already been made. There is nothing in the Bill by which anybody can properly accuse the Prime Minister of not complying with the rule of law, because the rule of law sets out 31 October. That is the law of the land and there is nothing in the new Act that says otherwise.
I simply say this: this is a dereliction of duty by the Labour party. It is refusing to allow the British people to decide who governs this country, and it is running away from the fact that under the European Communities Act 1972 and the European Union we are governed by majority vote by the other countries of the European Union. That is how Labour is letting down the very people it represents.
In the leave constituencies of Labour Members, there are people who know very well what is happening, and increasingly, according to the opinion polls, they are not interested in supporting the Labour party, because it is running away from the one central question—who governs Britain?—and the democracy that lies behind it. Give the people the freedom to enable them to decide, instead of the rabble on the other side of the House.
(5 years, 5 months ago)
Commons ChamberI had noticed that the House had not supported the plans that I brought forward but, once again, it is a bit of a nerve for a party that consistently says it wants to leave with a deal to consistently vote against leaving with a deal.
The right hon. Gentleman talked about going back to the people on Brexit. He talked about the delay and uncertainty. We have been waiting for weeks for the Labour party’s policy on Brexit. We keep being told that the shadow Cabinet is taking a decision on a second referendum and, week after week, we still wait to hear it. It is little wonder that the shadow Home Secretary says she is beginning to worry about Labour’s Brexit policy.
As you know, Mr Speaker, since the 1980s I have consistently raised the question of Germany’s increasing dominance in the European Union and the European Commission. In his recent book “Berlin Rules”, our former ambassador to Germany states that the EU is and will remain “a German Europe”. Nine of the 28 European Commissioners have German leaders of their cabinets. There are six German directors general. He says that:
“it is Germany’s view which is sought by the Commission before it acts, and by other governments before they decide”,
in the Council of Ministers by majority vote behind closed doors. Is that not a grave concern and a reason why we should leave the European Union by 31 October?
I am a little disappointed. Germany has not had presidency of the European Commission since something like the 1960s, so it is a bit churlish of my hon. Friend to suggest that we should not have voted for a German President. May I also point out that Ursula von der Leyen was born in Brussels? That might make it worse for my hon. Friend than the fact that she is from Germany. It is important that we see not only a gender balance but a geographical spread across the Commission in the appointments. He talks about us leaving the European Union. I want us to leave the European Union. I voted three times for us to leave the European Union. Had he voted with me, we would already be outside the European Union.
(5 years, 5 months ago)
Commons ChamberI am grateful to the Leader of the Opposition for saying that the Labour party and the Opposition support the bid, which I think is supported on both sides of the House.
The European Council meeting I attended did not discuss Brexit, no deal or the views of the candidates in the Conservative party’s leadership election, on which the Leader of the Opposition focused the majority of his comments and questions. I am supposed to be talking about what happened at the European Council. Nevertheless I am in a generous mood, so I will respond to a small number of his points.
The Leader of the Opposition talked about the talks on trying to find a compromise and a majority across the House, and we did, indeed, enter those talks. I think both sides entered the talks in a constructive spirit, and I remind him that it was he who actually terminated the talks.
The Leader of the Opposition talked about the position in relation to a no deal, which is, legally, the default option that remains on the table for 31 October if a deal is not agreed. The Government are rightly continuing their preparations for a no deal. He asked about my view on a no deal. I wanted to leave the European Union on 29 March with a deal. If he and his colleagues had voted with the Government, we would already be out.
I remind the Leader of the Opposition that I have done everything to avoid a no-deal Brexit by voting for a deal three times in the past year. He has done everything to increase the chance of a no deal by voting against a deal every time.
“Rejecting any Brexit…deal risks the worst outcome—a No Deal Brexit.”
Those are not my words but the words of his own Labour Members of Parliament.
Finally, the Leader of the Opposition talked about Conservative Members being divorced from reality. I have to say that the person in this House who is divorced from reality is the Leader of the Opposition, who thinks the economic model that we should be following is Venezuela.
My right hon. Friend will be aware there is an accelerated regulation relating to the question of payments into the EU budget. The Government have the power to veto the proposals. I received a letter from the Chancellor today, in reply to my urgent letter to him last week. Will this matter, in fact, be decided on 25 June, as originally proposed? Will the Government exercise their veto, and not merely abstain?
Yes, I understand the matter will be considered on 25 June. It is the Government’s intention to abstain. This does not bind us, and I remind my hon. Friend that the measure could be taken by the European Union at any stage in the future.
(5 years, 6 months ago)
Commons ChamberAs I have indicated in a number of answers to questions this afternoon, I have not changed my view on a second referendum. I believe that we should be putting into effect the views of the people expressed in the first referendum, but I recognise the strength of feeling in the House on this issue from the right hon. Gentleman and others, particularly on the Opposition Benches. That is why it is important that we in this House are able to determine this issue, which is best done through the passage of the withdrawal agreement Bill. That is why I have confirmed yesterday and today that there will be a vote during the passage of the withdrawal agreement Bill on whether to hold a second referendum. The Government’s position will be clear: we do not think it right to hold a second referendum. But it will be for Members of this House to come together and determine that, for those who believe there should be a second referendum to put their case to the House and for the House to come to a decision.
The Prime Minister tells us that, if MPs vote for the withdrawal agreement Bill—which we have not even seen, let alone the amendments that will be tabled to it—we would leave the European Union by 31 July. How on earth does she know that?
Because I have been discussing, and business managers have been discussing, a timetable for the Bill’s passage. Obviously, a business motion and a programme motion have to be agreed by the House. It is very clear, and the determination of the last European Council makes it clear, that bringing the Bill back for Second Reading after the Whitsun recess would enable us to do exactly what I said and leave the European Union on 31 July.
(5 years, 8 months ago)
Commons ChamberThe Government have not offered a second referendum. I said to the right hon. Gentleman yesterday in Prime Minister’s questions that our position on that issue had not changed. A second referendum has been rejected twice by this House. But, of course, once we have agreed a deal and the Bill is going through that puts that in place, I am sure there will be Members of this House—because there are Members who do support a second referendum—who will want to press their case.
There is not an issue of an excuse about timing. I believe it is important for us to deliver on the result of the first referendum that took place in 2016. And can I just say this to the right hon. Gentleman? If he is so interested in referendums, the question is, will he now abide by the result of the 2014 Scottish referendum? Yes or no?
Does my right hon. Friend appreciate the anger that her abject surrender last night has generated across the country? Having broken promises 100 times not to extend the time, she knows what I am saying—and she has done that. Does she also accept that this withdrawal agreement undermines our democracy, the constitutional status of Northern Ireland, our right to govern ourselves, our control over our laws, and our national interest? Will she resign? [Interruption.]