Oral Answers to Questions

William Cash Excerpts

Wednesday 27th March 2019 Commons Chamber

[The Prime Minister]

If the hon. Lady wants to ensure that we are able to deliver on the overall vote of the referendum in a way that protects jobs, our Union and our security, and in a way that is orderly and guarantees Brexit for the British people—she said that she did not want a second referendum—I suggest that she gets behind the deal.

[Sir William Cash (Stone) (Con)]

Two days ago, I asked the Prime Minister if, as absolutely required under the ministerial code and the Cabinet manual, she sought the Attorney General’s advice on her authorisation of the extension of the exit date, and whether she would publish that advice. She refused to answer. Distinguished lawyers and former judges are convinced that the so-called international agreement is unlawful; I sent her a letter about that yesterday. The Joint Committee on Statutory Instruments has not yet considered the regulations at all. The motion to approve the regulations will come before the House this evening. The European Scrutiny Committee and the Joint Committee will need to see the advice of the Attorney General before the end of the day, when the motion will be received by the House. Where is the advice of the Attorney General? Will she produce it and withdraw the motion?

[The Prime Minister]

It is a matter of international law that the date of the UK’s exit has been changed. The purpose of the SI this evening is to reflect that change in domestic law. Should the SI not pass, there would be severe uncertainty for citizens and businesses, and contradictory provisions between EU rules and UK rules, but it would be clear that the date of our exit had changed. The House of Commons voted to seek an extension to article 50, and an agreement was reached with the European Council in relation to that. My hon. Friend has raised the question of the commencement order with me previously. The commencement order is due to come into effect on the date that we leave the European Union. I know that he wants to leave the European Union, and we can of course leave the European Union. Dare I suggest to my hon. Friend that, if he cares to back the deal, we could guarantee leaving?

European Union (Withdrawal) Act

William Cash Excerpts

Monday 25th March 2019 Commons Chamber

[Mr Lidington]

I give way to my right hon. Friend.

[Sir William Cash (Stone) (Con)]

On a point of order, Mr Speaker. I would be grateful for your guidance on the whole question of Standing Order No. 14, given that we operate a system of parliamentary Government, not government by Parliament. That is for a good reason: in a nutshell, Government business takes precedence under Standing Order No. 14 because it is the wish of the majority of Members of Parliament, who form the Government, and therefore the wishes of the electorate are at stake. Would you be kind enough to answer my question, Mr Speaker, since I regard this to be a matter of fundamental constitutional importance?

[Mr Speaker]

I very much look forward to listening to the speech that the hon. Gentleman might make in the course of the debate, and he knows that he can always look to me and very much expect to catch my eye. So far as the Standing Order is concerned, the fact of its presence is well known to everybody, but the House is the owner of the Standing Orders, and if a proposition is put to the House for a change in those arrangements, including in a particular case the suspension of a Standing Order or more than one Standing Order, it is perfectly credible and reasonable that that should be put to the House. I did announce my provisional selection of amendments earlier, and I do not think—although I accept that the hon. Gentleman objects to this amendment—that it came as any great surprise that the cross-party amendment in the name of the right hon. Member for West Dorset (Sir Oliver Letwin) was selected. As to whether it is acceptable to the House, that remains to be seen. It is obviously not acceptable to the hon. Gentleman, and we will hear further and better particulars of his objection in due course.

--- Later in debate ---

[Mr Lidington]

Did I misspeak? I meant 12 April. This will be subject to the draft affirmative procedure so that it will be debated in each House, and it must come into force by 11 pm on 29 March. The purpose of this is to ensure that our statute book reflects the extension of article 50, which is legally binding in international law. Without this instrument, there would be a clash in domestic law because contrary provisions would apply both EU rules and new domestic rules simultaneously.

[Sir William Cash]

As I said earlier to the Prime Minister, the commencement order has not yet been brought into force, so will my right hon. Friend give me the lawful authority whereby the decision endorsed by the authority of Sir Tim Barrow was consistent with the vires of the original enactment under section 1 of the European Union (Withdrawal) Act 2018?

[Mr Lidington]

I will try to give my hon. Friend a brief answer now, but the best thing would be for me or my right hon. Friend the Secretary of State to write swiftly and formally to him in his capacity as Chair of the European Scrutiny Committee to set out the answer for him.

--- Later in debate ---

[Keir Starmer]

I listened carefully to what the Prime Minister said, and I will say something about that in a minute. I think she was saying that she would not say in advance whether she would be bound, and we need to probe that, because it is an important point. However, we are getting slightly ahead of ourselves. The process that is envisaged, in the first instance, is to test whether there is a majority among different propositions, and we need to get to that stage.

[Sir William Cash]

I am sure that the right hon. and learned Gentleman understands that although amendment (a) is in the name of my right hon. Friend the Member for West Dorset (Sir Oliver Letwin), in reality there are only 14 or 15 Conservative names on that amendment so, to all intents and purposes, it is the number of Opposition Members who would carry it. How does the right hon. and learned Gentleman answer the charge that that is inconsistent with our constitutionally accountable Government under Standing Order No. 14? How does he answer the point that an attempt to do so would effectively seek to reverse both the referendum result and the European Union (Withdrawal) Act 2018 itself?

[Keir Starmer]

I honestly cannot see how exploring whether there is a majority for a different approach is inconsistent with anything that we have done so far. It is actually what we should have done two years ago, because the referendum answered just one question, which was whether more people would rather be in or out of the EU. It did not answer the next huge question, which was, “If we vote out, what sort of future relationship should there be?” That required serious and considered discussion, and really should have been discussed in this House to see whether we could reach an agreement.

--- Later in debate ---

[Mr Speaker]

That is absolutely true. Indeed, if memory serves me correctly, I remember having a conversation with the right hon. Gentleman at the Chair at the time, and more recently. He was an exceptionally capable Minister—I do not doubt that. I cannot comment on how good a Whip he was beyond apologising for the offence that I might have caused. He certainly was an immensely capable Minister at the Dispatch Box. I do not dispute that for one moment. I thank the right hon. Lady for what she has said.

[Sir William Cash]

On a point of order, Mr Speaker. The right hon. Member for Twickenham (Sir Vince Cable) just said that this was a constitutional innovation. I think he may have rather underestimated the fact that it is in fact a constitutional revolution, and the House will come to regret it.

European Council

William Cash Excerpts

Monday 25th March 2019 Commons Chamber

[The Prime Minister]

The right hon. Gentleman says, “Give it a rest!” He stands up here proclaiming the benefits of democracy and yet tells me to give it a rest when I point out that the people of Scotland voted to remain part of the United Kingdom. He talks about coming together. This House has a duty to deliver Brexit. That means, I believe, delivering a Brexit with a deal that enables that smooth and orderly exit. He asks whether his vote counts and votes in this House count. Of course votes in this House count, but so do the votes of 17.4 million people who voted to leave the European Union.

[Sir William Cash (Stone) (Con)]

The statutory instrument for the extension of time was laid one hour ago. There is grave concern that there was no lawful UK authority for the decision on 22 March to extend the exit date. Did the Prime Minister seek the Attorney General’s advice beforehand, as clearly required by both the ministerial code and the Cabinet manual, and will she publish that advice? Why did she not invoke the commencement order for section 1 of the European Union (Withdrawal) Act 2018, repealing the European Communities Act 1972?

[The Prime Minister]

My hon. Friend talks about the decision to extend article 50. This House had supported an extension of article 50. Yes, the Council took a different decision in relation to the length of time that that extension could take place for, but the House was clear—people are saying to me, “Listen to the House and respect the House”—that an extension of article 50 should be sought, and an extension was agreed.

Oral Answers to Questions

William Cash Excerpts

Wednesday 20th March 2019 Commons Chamber

[The Prime Minister]

The hon. Gentleman has raised a very specific case in relation to a certain type of funding. I would be very happy to ask the relevant Minister to respond to him on the specifics of that case in relation to his constituency.

[Sir William Cash (Stone) (Con)]

Will my right hon. Friend rule out introducing the withdrawal and implementation Bill if her withdrawal agreement is voted down yet again by the House next week, and then let the United Kingdom leave the European Union on 29 March, as per the people’s vote in 2016, as Parliament has enacted, and as the law requires?

[The Prime Minister]

What I have done today in writing to President Tusk is ask for that extension to article 50 until the end of June. I have been clear that, as I have said, I do not believe that Brexit should be delayed beyond that point. That would give us the opportunity to ensure that the House can consider again a deal, and then take forward the withdrawal agreement and implementation Bill in the circumstances that a deal was passed. In the circumstances that a deal was not passed, then it would obviously be necessary, as I have just said to my right hon. Friend the Member for West Dorset (Sir Oliver Letwin), for the House to consider how we should proceed. I would also say to my hon. Friend that, as he will have heard the Secretary of State for Environment, Food and Rural Affairs saying in the debate on no deal last week, there are particular issues, particularly in relation to the governance of Northern Ireland, in relation to leaving the European Union without a deal on 29 March. I continue to hope and continue to believe that the best way for this country to leave the European Union is to do so on the basis of a negotiated deal, and the extension to 30 June would allow us to do that.

UK’s Withdrawal from the European Union

William Cash Excerpts

Thursday 14th March 2019 Commons Chamber

[Angus Brendan MacNeil]

rose—

[Sir William Cash (Stone) (Con)]

rose—

[Mr Lidington]

I will give way to the Chair of the European Scrutiny Committee; then I do want to make progress.

--- Later in debate ---

[Sir William Cash]

I am most grateful. In relation to this pamphlet, or whatever it is my right hon. Friend is producing today, will he confirm now, on the Floor of the House, that the fact that exit day may or may not be extended does not affect the fact that under section 1 of the European Union (Withdrawal) Act 2018, which received Royal Assent on 26 June last year, the repeal of the European Communities Act takes effect, notwithstanding any extension of time, as prescribed by the 2018 Act?

[Mr Lidington]

The Government have given a commitment that in the event of the House voting in favour of extension and—this is not a given—the European Council agreeing to an extension, we will bring forward the necessary legislation, in line with the expressed wishes of the House.

--- Later in debate ---

[Sir William Cash (Stone) (Con)]

Alarmingly, during his speech, the Chancellor of the Duchy—[Interruption.]

[Mr Speaker]

Order. The House must calm itself. We are about to hear from the Chair of the European Scrutiny Committee.

[Sir William Cash]

Thank you, Mr Speaker.

Alarmingly, during his speech, the Chancellor of the Duchy of Lancaster did not answer when I asked him for confirmation that the express repeal of the 1972 Act under section 1 of the European Union (Withdrawal) Act 2018 would be continued. This includes the time and date of our leaving the European Union on 29 March 2019. This is the law of the land, which, despite any motions that might be passed, precludes not only an extension of time but the revocation of article 50. This is what the voters voted for in the referendum.

Moreover, the shadow Secretary of State for Exiting the European Union, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), in his exchanges with me last week, asserted that he wanted the repeal of the 1972 Act itself to be repealed. I would be grateful to hear whether he wishes to contradict that.

[Keir Starmer]

I am sorry—I only caught the second half of the hon. Gentleman’s point; there is no discourtesy intended. If this is the point that is being put to me, I have always said that fixing a date to repeal the Act on 29 March was a mistake, because we would always need transition, and that we would need the Act to run during that transition. I have always thought that putting a date on the statute was a big mistake, for many reasons, and now we are going to have to put it right before 29 March.

[Sir William Cash]

I understand that point, but that was not the point on which we had an exchange last week. I am sorry if the right hon. and learned Gentleman did not catch what I was saying. I was asking him whether he wanted a repeal of the repeal of the 1972 Act that is contained in section 1 of the European Union (Withdrawal) Act. He indicated to me last week that he did want that. After all, the Labour party itself voted against the withdrawal Act on Second Reading and indeed on Third Reading, so we can assume that it did not want the repeal of the 1972 Act and that it is therefore committed to a course that is inconsistent with what the voters decided in the referendum. In respect of the position on both sides of the House, the United Kingdom is therefore at a dangerous crossroads in the middle of a fog.

I have done my best over the past 30 years to be consistent and to address the principles that underlie the sovereignty of this Parliament in delivering the democratic wishes of the British people through parliamentary Government, and not through government by Parliament, as is being proposed by certain Members of this House in respect of giving priority to private Members’ Bills, despite the Standing Order No. 14 requirement that Government business takes precedence. I for one believe that this Parliament can deliver the referendum vote; ensure the constitutional integrity of the United Kingdom, including Northern Ireland; fully comply with the vote to leave following the European Union Referendum Act 2015, which was passed by a 6:1 majority in this House; comply in full with the European Union (Notification of Withdrawal) Act 2017, which so many Members who are now turning into rejoiners, let alone reversers, actually voted for; and comply in full with the European Union (Withdrawal) Act 2018, which received Royal Assent on 26 June last year and which itself includes the provision for exit day to be on 29 March. I say with great respect to my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) that, as I am sure he will recall, he voted for the Third Reading of the Act.

We have had substantial debates about the backstop and, of course, the most recent advice of the Attorney General. My European Scrutiny Committee has issued a critical report of the withdrawal agreement. It came out only last week and I urge the House to read it. We have asked for, but have not yet received, a draft of the withdrawal and implementation Bill, and I say that because that Bill, if passed, would enact the withdrawal agreement in our domestic law—the law of the land. I seek to make some proposals for what would be needed in any such Bill, as enacted, in order to satisfy the fundamental issues, bearing in mind that we have only a few days to go, and to ensure that we actually leave the European Union on 29 March. Given the timescale available for the withdrawal and implementation Bill to be enacted, we can assume that it will be rammed through with virtually no time to discuss proposals that could be made by way of amendments to it. There will be no proper debate. The law of the land relating to the withdrawal agreement will be rammed through this House.

What do I have in mind? First, we must protect Northern Ireland’s constitutional status in the United Kingdom. Discussions have continued since the Attorney General’s recent advice and will continue on matters relating both to the backstop and to issues arising in international law, including article 62 of the Vienna convention, that are being further analysed by distinguished lawyers. Such matters are important and remain unresolved. I was extremely glad to hear Arlene Foster confirm this morning that that was the current position, and when that further analysis becomes available, I trust that the Attorney General will take serious note of the points made by that panel of distinguished lawyers.

[Kate Hoey (Vauxhall) (Lab)]

I thank the hon. Gentleman for giving way and for all his work as Chair of the European Scrutiny Committee. He mentioned Northern Ireland. Is he still concerned by what the Secretary of State for Environment, Food and Rural Affairs said yesterday about more power being given to the Irish Government? People sometimes say, particularly in Northern Ireland, that there is no smoke without fire.

[Sir William Cash]

I entirely agree. I was concerned by what I heard, and I will add that I have always believed, since the backstop’s origin on 8 December 2017, that the bottom line here was that the door would be opened to the prospect of the Taoiseach being able to hold a border poll and to maintain the aspiration for a united Ireland.

Secondly, the Prime Minister has assured me on the Floor of the House that the express repeal of the European Communities Act 1972 contained in the European Union (Withdrawal) Act 2018 would be restated in the withdrawal and implementation Bill, as enacted, including therefore the exit date of 29 March. In respect of any disapplication by the courts under article 4 of the withdrawal agreement, combined with sections 5 and 6 of the 2018 Act, the Bill would need to contain an express exclusion of the power of the courts to disapply the repeal of the 1972 Act and other related Acts. It is dangerous that, according to article 4 of the withdrawal agreement, we have been given an arrangement under the withdrawal and implementation Bill whereby the courts would be able to disapply enactments, even potentially including the 2018 Act itself or aspects of it. The repeal of the 1972 Act is the statutory anchor of the referendum vote.

There are also issues of international law with respect to the compliance of international obligations arising from the withdrawal agreement, which includes the fact in international law that the agreement, as yet unsigned even now, was negotiated in the certain and understood knowledge in the European Union that we had enacted the repeal of the 1972 Act, subject only to the question of exit day, which we are now considering. The repeal itself is paramount, and it also applies to the backstop and the constitutional status of Northern Ireland as an integral part of the United Kingdom. It is essential that the repeal is maintained within the framework of the constitutional integrity of the United Kingdom, as I have repeatedly stated with respect to the question of control over laws. To repeat what I said to the Prime Minister two days ago, she said at Lancaster House—this is a fact and it is law—that we will not have truly left the European Union if we are not in control of our own laws.

[Lady Hermon]

May I correct the record? I want to make it absolutely clear that the Brexit deal that the Prime Minister has signed actually protects the Good Friday/Belfast agreement on page 307, and it protects the consent principle. The constitutional status of Northern Ireland remains unchanged by the Brexit deal and the political declaration, and it would remain in the hands of the people of Northern Ireland voting in a border poll.

[Sir William Cash]

I am grateful to the hon. Lady for that point, but I will say in addition that we do not know what the withdrawal and implementation Bill will contain. That is the problem. That is why my European Scrutiny Committee insisted on seeing a draft of it. It is one thing to have a treaty arrangement that is still uncompleted and unsigned, but it is another thing then to know how the draftsman will attempt to implement it in a Bill that we have not even seen. That is a serious problem, and we have almost no time, as the hon. Lady will understand as a lawyer herself, to examine the significant provisions that will be in that Bill.

[Lady Hermon]

I am most grateful to the hon. Gentleman for taking a second intervention so promptly. I just want to repeat to him that the political declaration on the future relationship between the United Kingdom and the EU says in black and white—I have not invented this—that it protects the Good Friday Belfast agreement in all its parts. Is the hon. Gentleman suggesting that the Prime Minister and this Government do not mean and will not keep their word? I will be very concerned if that is what he is suggesting.

[Sir William Cash]

Well, I have to say that on the Chequers deal, for example, we went through the whole ramifications of enacting the 2018 Act including the date of 29 March, but then, on 6 July, we had it completely overturned. That is why I said in a previous debate I had lost trust in the Government and the Prime Minister. That is my point. I am asking a lot of big questions simply because I have grave doubts as to what we will be confronted with. The Bill that will enact into domestic law the arrangements that are supposed to be included in the withdrawal agreement, to which I have been so vehemently opposed because it undermines the sovereignty of the United Kingdom, Parliament and the vote, is my reason for stating now that I retain my concern and my distrust.

[Jim McMahon]

We need to call out the idea that the Irish Government are trying to deliberately cause problems to push for a referendum to try to get a united Ireland. The Irish government have been trying desperately to make sense of the confusing negotiations led by this Parliament and by this Government, making sure that their own interests of course are aligned. However, it is not the case that the backstop does not provide a problem for the Good Friday agreement and for Northern Ireland, because it does, and that has been the lion’s share of the debate here. If we are not part of the customs union and the single market, we must have a border somewhere. Whether on the island of Ireland or in the Irish sea, it has to be somewhere, and the idea that that can be cast aside as if it is not important is negligent. We cannot continue to have that kind of vacuous debate in here. Let us talk substance.

[Sir William Cash]

I can only say to the hon. Gentleman that, having been involved in these European issues for about 34 years and having some knowledge of constitutional law and the way in which these things operate in practice, I am not going to trust anybody or anything until I see a copy of the withdrawal agreement and implementation Bill, which will be rammed through this House. If we do not have a chance to look at it beforehand, it would put us at considerable risk. That is my point, and I think we need to take it into account.

I now turn to the framework for our leaving the EU lawfully under the European Union (Withdrawal) Act. Subject only to the extension of time, this is the law of the land and it is how we assert our sovereign constitutional right not merely to reaffirm but to guarantee in law that we control our own laws in this Parliament as a sovereign nation, in line with the democratic wishes of the British electorate in general elections.

The European Communities Act itself was passed on the basis of the White Paper that preceded it. In that White Paper there was an unequivocal statement that we would retain a veto on matters affecting our vital national interests. Gradually over time, since 1973, there has been a continuing reduction, a whittling away, of that veto to virtual extinction.

Leaving the EU, however, in the context of article 4 of the withdrawal agreement raises this question again as an issue of fundamental importance. We are no longer living in the legal world of Factortame—that was when we were in the European Union. When we leave, the circumstances change. We simply cannot have laws passed and imposed upon us, against our vital national interests, by the Council of Ministers behind closed doors during the transition period, or at any time. That would be done by qualified majority voting or consensus and, as I said to the Chancellor of the Duchy of Lancaster in my first intervention in the previous debate, it would subjugate this Parliament for the first time in our entire history, as we would have left the European Union. It would therefore be a radical invasion of the powers and privileges of this House, which I believe would effectively be castrated during that period of time. We would be subjected to total humiliation.

I therefore regard it as axiomatic that, in the withdrawal agreement and implementation Bill, we must include a parliamentary veto over any such law within the entire range of European treaties and laws. As Chairman of the European Scrutiny Committee, I know that we currently have about 200 uncleared European provisions and, in my 34 years on the Committee, we have never once overturned a European law imposed on us through the Council of Ministers.

Just think about it. This House will accept laws by qualified majority vote without our being there and with no transcript. Where we were once in the EU, we will now have left. Leaving totally changes the basis on which we conduct our business. Under our Standing Orders, my Committee has the task, in respect of European Union documents, of evaluating what is of legal and political importance, and it has the right to refer matters to European Standing Committees or to the Floor of the House, particularly where the Government accept the latter.

We can impose a scrutiny reserve, which means that Ministers cannot, except in exceptional circumstances, agree to any proposed law passed in the Council of Ministers in defiance of our scrutiny reserve. However, that is not a veto. Once a matter has been debated, or once the scrutiny reserve has been removed, any such law becomes the law of the United Kingdom and is thereby imposed on our constituents.

[Geraint Davies (Swansea West) (Lab/Co-op)]

The hon. Gentleman seems to be saying that, after we leave at the end of March, there will be a transition period in which we will have no veto over European laws, which is true. Is he therefore arguing that it would be better to crash out? Does he accept there is a risk that we will not agree anything by the end of March, that we will not have an extended date, that we will crash out and that, under the Good Friday agreement, Ireland could vote to reunify? That would be a complete disaster.

[Sir William Cash]

The hon. Gentleman is a member of my Committee, so he knows exactly what I am saying, and he understands perfectly well that when we leave we leave. When we do leave, the circumstances under which we currently operate, under our Standing Orders, will change.

When we leave the EU, the situation becomes radically different. I therefore propose—in line with the Prime Minister’s own suggestions as set out in a carefully crafted pamphlet published in 2007 by Politeia, a think-tank—that the European Scrutiny Committee should, upon our leaving the European Union, be able to make recommendations as to how and when our veto should be invoked, as justified by our national interest.

The alternative is that we will just have laws imposed upon us. That will include, for example—I invite the hon. Gentleman and the House to listen to this—matters relating to tax policy. There are now proposals on the table to change tax policy from national unanimity to majority vote. Defence and defence procurement are also included, as is state aid. The list is endless.

Contrary to some assertions that the EU law-making process takes so long that there would be no problem, the European Union is quite capable of accelerating its procedures, and I believe it would do so by putting us at the mercy of our competitors. One recent well-known example is ports regulation. We fought that in the European Standing Committee and, despite the fact that port employers and trade unions were against it, it went through. This would happen in respect of almost any proposed EU law within the vast swathe of competences in the entire corpus of the European treaties. If that happened, we would have no redress. We would not be able to veto it if we do not get a veto, and we would not be able to affect it properly under our current scrutiny arrangements. Furthermore, the British people would be the ones to suffer, and that would include people in Scotland, too. Do not get the idea that this is a free zone situation for Scotland. SNP Members will also be affected, and they had better start taking it seriously.

[Sir John Hayes]

My hon. Friend will know that, as shipping Minister, I fought the port services regulation tooth and nail but, because of the limits on my competence, I could not stop it happening. He is making an interesting suggestion about the role of his Committee during the transition period. Would the Committee be recommending to the Executive that they implement the veto? He would not expect his Committee to assume the role of the Government.

[Sir William Cash]

That is absolutely right, and I am extremely grateful to my right hon. Friend, because he was the Minister responsible for ports regulation, and he has just reconfirmed that there was nothing he could do about it. It will be even worse during the transition period and thereafter. The reality therefore is that, as set out in the proposals I have discussed, the manner in which the veto would be expressed is perhaps on a recommendation by my Committee, because it would be of such legal and political importance, but obviously it would then have to go to the Government and to the Floor of the House to decide. The exact mechanism would have to be worked out, but to suggest that it would not be a matter of immense and urgent importance to the House is to assume that we in this House are a bunch of fools. It is unthinkable that the EU could impose laws on us by qualified majority voting on any matter within the corpus and range of the European treaties without our having some means of blocking it.

Having repealed the 1972 Act, we must not find ourselves in a customs union or single market, which are themselves within the framework of the Act, not only because our manifesto is the basis on which we were elected, but because leaving the EU includes the repeal of the Act. We must therefore also protect Northern Ireland within the constitutional framework of the UK, whose Parliament—some may find this surprising in the light of what we hear from other sources—includes Northern Ireland. It is represented here as a member of the UK and helps to pass the laws repealing the Act, including section 1 of the EU withdrawal Act.

In conclusion, I can say, without prejudice to any further discussions, that we might shortly be in a position not merely to check out of the Hotel California, but to take the bus to the airport and fly out of the EU altogether.

European Union (Withdrawal) Act

William Cash Excerpts

Tuesday 12th March 2019 Commons Chamber

[Sir William Cash (Stone) (Con)]

I am grateful to my right hon. Friend for giving way, and I feel for her with the throat condition she has at the moment, I really do. Having said that, she referred to the fact that the backstop is very important. We all know that, and rightly so. The question, however, is also about the withdrawal agreement and implementation Bill, which is to come. First, we have not seen a draft of it, and I hope that we can get that very soon, as my European Scrutiny Committee has just said in its report. Secondly, it is quite clear in the withdrawal agreement that we will not be discharging what she said herself at Lancaster House. We will not truly leave the European Union unless we regain control of our own laws. Under article 4, it is clear that that is not the case. What is her answer to that point?

[The Prime Minister]

First of all, I am pleased to hear that my hon. Friend is keen to see the withdrawal agreement Bill. That Bill, of course, as I have said, will be presented to the House this week, if my hon. Friend and others vote for this deal tonight to get it through. I also say to him that yes, there are provisions in relation to the role of the European Court of Justice during the period of our winding down and winding our way out of the European Union, and that covers the implementation period. But what is absolutely clear is that once we are beyond that point, there is no jurisdiction of the European Court of Justice other than for a limited period of years in relation to citizens’ rights. There is no jurisdiction of the European Court of Justice in this country.

--- Later in debate ---

[Sir William Cash (Stone) (Con)]

I referred just now, when I was talking to the Prime Minister, to the issue of control over laws. We have been through the backstop in detail today with the Attorney General, and the legal issues group that I have been convening has come up with some clear answers to that question. The backstop is unacceptable in its present form, and we are profoundly determined to vote against this withdrawal agreement for that reason alone.

I want to say one simple thing. People need to take into account exactly what uncertainty and real problems will come for workers as well as for businesses in the course of the next few years if this transitional period goes through. I speak as the Chairman of the European Scrutiny Committee when I say that there are 200-plus uncleared documents that are deemed not to be in the national interest, and that there will be more in the pipeline, including proposals relating to turning unanimity on tax policy into majority voting, as well as the financial transaction tax.

I strongly urge Members to bear in mind what the Prime Minister so rightly said about this issue at Lancaster House. She knows well enough how much effort I put into ensuring that the European Union (Withdrawal) Bill was drafted as it was, and that, in addition, it was enacted and got Royal Assent on 26 June. At that point, we were completely and totally at one. After that, in the run-up to Chequers and the withdrawal agreement, the first question I put to her was on 9 July, when I asked her how she could reconcile the Chequers proposals with the repeal of the 1972 Act under section 1 of the legislation that had been passed only 10 days before. I am absolutely convinced that that was an accurate assessment of the position.

A further point relates to the manner in which legislation comes through our Committee. Under the 1971 White Paper we were told that we would have a veto, yet it has been whittled away to extinction. The net result is that everything is now more or less done by consensus and/or by qualified majority vote. The European Scrutiny Committee analysis produced a few days ago suggests that the transition period could last until after the next general election—that is, to 1 January 2023—with an extension of the period under article 132 of the withdrawal agreement being highly probable. The worst possible situation is that we would end up being at the mercy of our competitors during that time. They would have no interest in giving us any of the benefits that might come out of the legislative pipeline when they themselves were making the laws and we were receiving them in the most humiliating circumstances in the history of our Parliament.

Never before in our entire history have we been legislated for by other member states. Indeed, it would be worse than that, because it would be done by a number of countries that would have no interest other than to put us at the mercy of our competitors. That would be absolutely catastrophic, and it is a fundamental reason why I am voting against this withdrawal agreement tonight.

When we had a similar situation with the ports regulation, the workers made their views plain by voting against it. The 47 ports employers and all the trade unions were against it, but it went through anyway. That will be the pattern, believe me. I have been on the European Scrutiny Committee for 34 years, and I have seen it. We have never turned down a proposal from the European Union over the entirety of those 34 years. It just does not happen.

Under article 4 of the withdrawal agreement, we are tying ourselves into the assumption that that is what is going to happen. Furthermore, the withdrawal and implementation Bill, which my right hon. Friend the Prime Minister has said will be introduced in a couple of days if the withdrawal agreement tragically goes through tonight, will mean that that primary obligation will be in primary legislation. That is what the Bill will say. It will also undermine the repeal of the 1972 Act and enable the Court of Justice of the European Union to disapply Acts of Parliament under article 4. I trust that people understand that when the Court has the right, by Act of Parliament, to disapply inconsistent Acts of Parliament, that will put even the repeal of the 1972 Act under section 1 of the European Union (Withdrawal) Act 2018 in grave jeopardy, as the European Scrutiny Committee’s report showed just the other day.

I have other concerns about state aid, whereby we will be unable under the backstop arrangements and the withdrawal agreement to incentivise our industries, enterprise zones, freeports and so on. That will lead to a severe denial of this country’s right to determine its own tax policy. Furthermore, the European Commission will be enabled under the withdrawal agreement and the backstop to continue to supervise the Competition and Markets Authority and, as I said, to affect the manner in which we can legislate.

For all those reasons, it is imperative that we do not allow the withdrawal agreement to go through. It undermines the referendum, and it is in denial of the Conservative party’s manifesto commitments and of this House’s right to legislate in line with the wishes of our constituents in general elections. The pragmatism to which my right hon. Friend refers is washed away by the question of principle that I have just mentioned. The truth is that we must vote against the withdrawal agreement, because it will affect defence, agriculture, fisheries and every single area relating to the entire range of EU treaties and laws. That is what will happen if we push the withdrawal agreement through tonight. We will be at the mercy of our competitors for several years—[Interruption.] I see my right hon. Friend shaking her head, but she knows perfectly well that what I am saying is true. It is clear that we will not be in control of our laws for a period of time.

On that note, I am prepared to say that I will vote against the withdrawal agreement, and I hope that many other Members will do likewise.

Exiting the European Union

William Cash Excerpts

Monday 11th March 2019 Commons Chamber

[Mr Lidington]

The Prime Minister is still engaged in the talks in Strasbourg, but it is certainly her intention to speak personally to the First Ministers of both Scotland and Wales at the earliest opportunity once those talks have concluded.

I must say to the hon. Gentleman that I take exception to his insinuation that the Government are in some way resiling from their support for the difficult and challenging process of peace building and reconciliation in Northern Ireland, which ought to unite members of all parties in the House. As has been said repeatedly by the Prime Minister and others, our commitment to all the undertakings that were given in, and flow from, the Belfast/Good Friday agreement continue undiminished, and will always do so while this Government are in office.

Finally, let me say that I thought the hon. Gentleman painted a caricature of the Government’s attitude to Scotland and the Scottish people. I will not go into the political knockabout, although I am sorely tempted to do so, but I will say this: it is a bit rich for him to give lectures about respecting the results of referendums, given that when what his then party leader—now airbrushed out of history—described as a

“once in a generation opportunity”

to vote for Scottish independence was put to the people of Scotland, it was rejected decisively. I only wish that the hon. Gentleman would accept that mandate from the Scottish people.

[Sir William Cash (Stone) (Con)]

My right hon. Friend said that the documents would be available and on the table tonight. When will they be laid, and can we see them this evening? May I also ask whether the whole set of documents is at treaty level? The documents will be examined extremely carefully by many Members throughout the House and by my European Scrutiny Committee, and we shall need as much notice as possible. Will the Minister tell me at what time the Attorney General’s opinion will be available tomorrow, having regard to the timing of the debate, and whether the Attorney General will come to the House to explain his opinion on the documents before the debate and in good time?

[Mr Lidington]

It is certainly our intention to lay the documents as early as possible this evening. They must be laid before the House concludes its business tonight if they are to be formally taken into account during tomorrow’s debate and votes. I would expect nothing other than that my hon. Friend and his Committee would want to consider them very carefully, The Attorney General will make his assessment available as soon as possible, in line with the commitment that he gave the House from the Dispatch Box last week.

--- Later in debate ---

[Mr Lidington]

The Prime Minister personally has tried to make sure that the First Ministers of both Scotland and Wales have been updated on all significant developments during the negotiations. The negotiations are an ongoing process, and no Prime Minister will give a running commentary on them, but the Belfast agreement itself mandates the United Kingdom Government to keep all the main political parties in Northern Ireland briefed about what they are doing, and we discharge that duty.

[Sir William Cash (Stone) (Con)]

On a point of order, Mr Speaker.

[Mr Speaker]

Oh, very well. I have some remarks to make in a moment that I hope will be helpful to the House, but pending that, let us hear the hon. Gentleman.

[Sir William Cash]

We understand that the media have been in possession of these documents for some time. We have not had the same opportunity, but, as far as I understand, they are in the Table Office now. Could we be assured that they will be put on the internet so that the public at large can be guaranteed an opportunity to see these documents in full?

[Mr Speaker]

They are Government documents, so really it is for the Government to make that arrangement, but I see the Minister for the Cabinet Office champing at the bit, so let us hear from the fella.

[Mr Lidington]

Further to that point of order, Mr Speaker. My understanding is that all the documents are in the Table Office now—[Hon. Members: “The Vote Office!”] In the Vote Office, Mr Speaker. The motion has been tabled and I can give a clear assurance that, when I came to the Chamber and for a fair part of my statement and response to questions, the talks between the Prime Minister and President Juncker were continuing in Strasbourg. As far as I am aware, the Government have not given any prior copies to the media, and in fact could not have done so because talks were still taking place. I do not know what was happening at the Strasbourg end, because of course there was a negotiation going on when texts were being circulated between the two sides.

[Sir William Cash]

Further to that point of order, Mr Speaker. I asked for a guarantee that they would be on the internet, because the public, as well as Parliament and the Vote Office, want to see them.

[Mr Lidington]

Further to that point of order, Mr Speaker. If they are not already there, they will be published on gov.uk as rapidly as possible.

UK’s Withdrawal from the EU

William Cash Excerpts

Wednesday 27th February 2019 Commons Chamber

[The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Mr David Lidington)]

I beg to move,

That this House notes the Prime Minister’s statement on Leaving the European Union of 26 February 2019; and further notes that discussions between the UK and the EU are ongoing.

It is a pleasure, as always, to return to the Dispatch Box to debate European policy matters and to see the familiar cast of colleagues on both sides of the House. I start by making it clear that the Government’s political objectives remain to leave the European Union in accordance with the referendum decision of 2016, to do so in an orderly fashion that protects jobs, living standards and investment in this country, and to do so by means of a formal withdrawal agreement under article 50 that includes clear protections for European Union citizens living in the United Kingdom and United Kingdom citizens in the 27 other EU countries, that provides for a financial settlement, and that ensures that there is no hard border on the island of Ireland. We look forward to negotiating a deep and special partnership on trade, security and political co-operation with the European Union—a community of democracies that will remain not only our closest geographical neighbours, but key partners friends and allies in the world.

[Sir William Cash (Stone) (Con)]

I thank my right hon. Friend, with whom I have been debating such matters for the best part of 30 years, for giving way. As for this community of democracies, how can he can justify article 4 of the withdrawal agreement, which would subjugate the United Kingdom and require us to pass primary legislation to achieve that objective when the decisions that would be imposed on the constituents of every single Member in this House, by virtue of what goes on in the Council of Ministers, will be decided by 27 other member states? We will not even be at the table and will not have even so much as a transcript. Is that not a complete travesty of democracy?

[Mr Lidington]

No. As my hon. Friend says, he and I have been debating European matters for about 30 years —time flies when one is enjoying oneself—but I think his criticisms would have force if they were describing a situation that was intended to be permanent. All that is covered in article 4 of the withdrawal agreement are the arrangements that are necessary to govern the winding down of this country’s membership of the European Union and the residual obligations that derive from that over a period of months.

--- Later in debate ---

[Keir Starmer]

I am grateful for that intervention. We are playing our part in those discussions with the Government and will continue to do so for as long as is necessary. I do not want to go into what we are discussing, but we will continue to do so as long as is necessary. I am just slightly cautious as to the likelihood that that will lead to a breakthrough in the next 14 days.

[Sir William Cash]

I must say that the right hon. and learned Gentleman is possibly generating more alarm than he realises. The idea that there is going to be some compromise between the two sides of the House on this question of the red lines raises a very simple question. Would the right hon. and learned Gentleman like to state, on behalf of the Opposition, that they would like to see the repeal of the repeal of the European Communities Act 1972?

--- Later in debate ---

[Sir William Cash (Stone) (Con)]

To reply immediately to the right hon. Member for Leeds Central (Hilary Benn), it is not actually the duty of this House to surrender parliamentary government to government by Parliament. In fact, that is well established in our constitutional arrangements. Furthermore, any attempt by shenanigans to rearrange the procedures to give private Members’ Bills an advantage over Government business is itself reprehensible for that very good reason.

I want to turn to another question, which is to do with the issue of control over laws. I think it is very important for every Member of this House to ask themselves whether they would be prepared to tell their constituents that, under article 4 of the withdrawal agreement, we would be expected—in fact, we would be required by an Act of Parliament—to surrender control over our laws. If people have not had the time or perhaps the opportunity to read article 4, may I suggest that they do so? To do otherwise would be utterly and completely irresponsible.

[Richard Drax (South Dorset) (Con)]

My hon. Friend is making an excellent speech. If we do not have control of our laws, we do not have control of our country. Is that not right?

[Sir William Cash]

That is completely right. That is what we are here for. We are not here to voice our own opinions or to fragment into factions and then impose views on others by virtue of deals done across the Floor of the House. We are elected on manifesto commitments, and we have an obligation to our constituents to make laws in their interests, not in ours. I therefore suggest that looking at article 4 is extremely important. I accept that it is said that the article would apply only during the implementation period, but that in itself would put us at the mercy of our competitors.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

It is worse than that, because it would apply not only during the implementation period but during the whole period of the backstop, which is potentially unlimited. The European Court of Justice would therefore remain—against our manifesto commitment—the supreme arbiter of our laws in that area.

[Sir William Cash]

I am so glad that my hon. Friend has made that point, because I was about to make it myself and now will not have to. I am as much against the backstop as I am against the article 4 arrangements, for reasons that both of us agree on.

We have to grapple with the fact that article 4 will apply across all the EU treaties, laws and legal positions adopted by the ECJ over recent years. It is inconceivable that the House would hollow itself out in such a manner as to preclude itself from being able to control such things. I am Chairman of the European Scrutiny Committee, and we get these regulations and directives week in, week out. We received one last week that intends to turn the veto procedure—or unanimity rule—over the making of national tax policy into qualified majority voting. If people really think that that is a minor matter, let them think again what effect it would have on their constituents.

Under article 4, our country would be reduced, as I said in my intervention on the Chancellor of the Duchy of Lancaster, to an undemocratic subjugation to the decisions of 27 other member states. In fact, not only that, but as I said, it would put us at the mercy of our competitors. In addition, the article would have the same effect with regard to the question of state aid during the backstop.

I do not think that the businesses that argued so strongly for this transitional period had any idea that this would be the consequence of the withdrawal agreement. That agreement emerged from the Chequers deal, which itself was an overturning of the withdrawal Act that we passed in June 2018 and had been planned long before that Act was given Royal Assent, without any reference to the Cabinet and in defiance of collective Cabinet responsibility.

If we do not control these laws, who will? It will be the 27 member states. In an important book, “Berlin Rules”, by our former ambassador to Germany, Sir Paul Lever, he says that before decisions are taken by European member states, or indeed by the Council of Ministers, they are cleared with Germany. He also says that it is a German Europe. He does not mince his words.

[Angus Brendan MacNeil]

I wonder if the hon. Gentleman is aware of the utter irony of this situation. He moans and complains and raises grievances about Europe—he has a chip on his shoulder—but the reality for Scotland in the United Kingdom is worse than everything he says. We have a party in charge that we have not voted for in 65 years. The European Union is nowhere near as bad as what he is going on about.

[Sir William Cash]

I do not concede what the hon. Gentleman says for one very good reason: it is part of the United Kingdom.

That is my first point on control over laws. Article 4 is so offensive because it hollows out this House and hollows out our democracy. On that basis alone, one should not vote for the withdrawal agreement.

As I said in my exchanges with the shadow Secretary of State, I want to know why anyone would want to undermine the repeal of the European Communities Act 1972, which is the law of the land and is contained in section 1 of the European Union (Withdrawal) Act itself. I would also like people to be honest enough—those who wish to rejoin the European Union, including my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve)—to say why on earth anyone would want to rejoin the European Union when it is in complete and total implosion. People are voting with their feet in so many countries, including in Italy.

In a nutshell, the withdrawal agreement is deeply, deeply flawed and we ought to vote against it. I believe that the decision at the moment—as I understand it, it has not been concluded—is that the amendments are going to be withdrawn, but I look forward to hearing from the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper).

[Mr Speaker]

We are quite extraordinarily grateful to the Chair of the European Scrutiny Committee.

--- Later in debate ---

[Sir William Cash]

Let me ask the right hon. Lady a question, as she is taking such a prominent part in this debate. It is the same question that I have put to several people today: would she countenance the idea, on behalf of trade unionists and workers who, for example, worked in the ports and were completely against the ports regulation, that those laws should be made in the Council of Ministers—under the control over laws issue that I just raised—behind closed doors and without a transcript? Effectively, it would be imposed on the United Kingdom without our even being there.

[Yvette Cooper]

We have to get some form of sensible agreement in place so that people can get on with their lives, and so that people are not threatened with the insecurity of having complete chaos from whatever source, if we end up with no deal.

I also support amendment (a) and, in particular, the proposal for a customs union. I think that, if Ministers were honest about being able to reach out and trying to build some consensus around something, they would recognise that if many of the points that are in amendment (a) were put to a free vote across the House, they would—I suspect—get a majority and that that would be a consensus way forward.

I also want to deal with my concerns about the tone of the debate. The right hon. Member for Meriden said earlier that she hoped that the tone of the debate was changing and that there would be some spirit of compromise. I look forward to that, but I am worried that I have still, even today, heard comments from Members of this House about the agreement that the Prime Minister came to yesterday, accusing those of us who have been calling for it of being “mutinous”, “plotters”, “saboteurs” and “blackmailers”. I think that this is really inappropriate, divisive and counter-productive. It really does not fit with the kind of debate that we ought to be having about something so important, particularly when, frankly, I think it is hugely patriotic to be trying to make sure that we can stand up for British manufacturing, that the NHS can get its medicines and that British families across the country do not have to pay higher food prices in shops. I say as a final thought that, in the end, wherever we get to in this Brexit process has to have some form of consensus around it, or it will not be sustainable, and that is what we should all keep in mind.

[Richard Drax (South Dorset) (Con)]

It is a pleasure to follow the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), whom I respect enormously. She always speaks in a measured tone. I take her point about the language and how we have to be very careful in this place about how we address one another. We should also speak outside in measured tones to ensure that we try to get the best deal that we possibly can.

Before I start, I just say that I have been accused, often by my own side, of being a zealot, a right-winger, and all these things. I am not. Let me repeat: I and my hon. Friends are MPs who want the best deal we can get for our country. None of us wants to leave the EU without a deal—not one, contrary to popular opinion. We accept that to leave with a deal is the best option we can possibly get. But we have to ask ourselves, how do we get to that point?

We had a vote in June 2016, and that referendum result was clear. The instruction to everyone in this House was to leave the EU—not half in, half out, a bit here, a bit there. The instruction was clear: to leave the EU. We had two years—two long years—to negotiate a deal, and we are now where we are. I would not be, and never would presume to be, Prime Minister, but had I been—and I do not just speak with hindsight—then when article 50 was invoked I would have instructed my Ministers to prepare for no deal immediately, and to publicise to the public exactly what they were doing, while at the same time trying to strike a deal with the EU.

[Sir William Cash]

Can my hon. Friend, who is a fellow member of the European Scrutiny Committee, recall that very early on, in March last year, we said in our report that we were deeply concerned that the Government were effectively supplicating the EU, and were agreeing to its own guidelines, and not synchronising the withdrawal arrangements with the future relationship?

[Richard Drax]

I absolutely agree with my hon. Friend, who is immensely knowledgeable on all these matters.

The House needs to clarify where it stands. I have seen many amendments and I suspect there are more to come, because that is the way that the Government are now playing their hand, for fear of Parliament’s taking control. Do MPs wish to leave the EU, or do they wish to stay in? That is the question. Some hon. Members are very concerned about no deal, and are tabling amendments in the genuine interests of our country, but for others they are a fig leaf for their wish to remain in the EU. How can we take no deal off the table and let the Prime Minister walk naked to the conference table? How can we do that? It is the last negotiating tool that a Prime Minister has.

We know that the EU always takes it to the last minute. Brinksmanship—that is the name of their game. And let us be honest: do any of us in this House think that we shall strike a fair deal before we leave? I do not think so, because the EU does not want us to go, and is making it clear that it wants to make it as hard as possible for us to leave.

Unfortunately, the behaviour of many in this House is signalling to the EU complete and utter chaos—no sense of purpose, no unity. Imagine if 650 MPs had said, “We are right behind the people of this country, and respect their decision.”

--- Later in debate ---

[Owen Smith (Pontypridd) (Lab)]

Yesterday, in sharp distinction to the “Groundhog Day” debates and statements from the Prime Minister that we have had previously, we had two really important concessions and changes in policy from the Government. One was the admission, at last, that the sovereignty of this House is important and that we cannot simply fall out of the EU through no deal and go on to WTO terms without this House having a say. That was always true, but the Prime Minister was forced to concede it yesterday. The second crucial concession was that it is not holy writ that we leave on 29 March and there may be a longer period. Those are both important concessions.

As colleagues of mine have said today, if we do get to the point, as I expect, of no deal being voted down by this House and there being a vote in favour of an extension of article 50, we need to make sure that that extension is used for a purpose and not for more of the ludicrous merry-go-round that we have had in recent months. In that context, I pay tribute to colleagues across the House—in particular, to Conservative Front Benchers who stood up for their values and refused to allow this place to be railroaded by the Prime Minister and driven to the edge of no deal.

However, the truth is that no deal is only marginally worse than the deal that is on offer. Indeed, one could argue quite rightly, as some in the ERG would, that in respect of the sovereignty arguments, the Prime Minister’s deal on offer right now is, in some regards, worse than no deal, however catastrophic that would be for the economy of our country. It is an absolute badge of shame for the Prime Minister that she has been dragged kicking and screaming to this point as we have lost jobs at Nissan, Honda, Ford and so many other companies across our country.

Yet my real concern is that the most likely outcome is still that the armchair generals of the ERG who loll languidly on their Benches are going to get their way—that they are going to get the Prime Minister to the point where Brexit goes through. They will ultimately, I think, be successful—the victors in this Russian roulette game that they have been playing for so long. There are those of us on the Opposition Benches and on the Conservative Benches who still understand and believe that Brexit is ultimately deeply destructive for our country, not just for our economy but for our values—for what we believe in, and not just in a Labour party that is overtly internationalist, outward-looking and tolerant, and understands that we need to be all those things to succeed in the 21st century and for the benefit of the wider culture of our society. It is not only me and other Opposition Members who are deeply worried by the rise in right-wing extremism in our country fuelled and delivered by Brexit. Unfortunately, those things will only be compounded if we exit, whether it is the Prime Minister’s or the ERG’s version of Brexit.

[Sir William Cash]

I think the hon. Gentleman is rather exaggerating, if I may say so. Is not the truth, as I wrote even in 1990, that if we take away the right of the people to decide their own destiny, they will end up moving to the far right?

[Owen Smith]

We have seen a 100% increase in violent racist attacks since the Brexit vote—that is the truth. Brexit is exacerbating underlying problems in our society. It is a racist, xenophobic, right-wing, reactionary project, and we in the Labour party should be fighting against it with every sinew of our being.

I will use my last minute to plead with people in this House and across the country that if they believe, as I do, that Brexit will damage not only our economy but the values that underpin our society—the good values of Britain—then they need to start saying so. There is a narrow window of opportunity to contest this before some form of Brexit, whether the Prime Minister’s or the ERG’s, goes through. It may well go through by the end of this month.

There is an opportunity to speak and march against Brexit in London on 23 March. People the length and breadth of Britain should join us for that and make their voice heard. We should still contest Brexit. There is still an opportunity to beat it and allow Britain to pull itself back from the brink. It is not anti-democratic to give the people one further say. It would be the democratic thing to do, and I will urge people to do that until I can urge them no more.

Leaving the European Union

William Cash Excerpts

Tuesday 26th February 2019 Commons Chamber

[The Prime Minister]

First, the right hon. Lady references the Cabinet. This has been discussed by Cabinet, so this is a position that the Government have taken. I would not have brought it before the House today if it were not a position that the Government had taken on this issue.

I have set those dates. If she would care to look at what I have been doing over recent weeks, she will see the points where I have said I would come back today. On the previous time I came back to the House there was a guarantee that I would come back to the House. I said I would bring a motion, and we brought a motion. We will bring a motion tomorrow. So there is a clear and firm commitment from this Government to ensure that we bring those votes to this House. The House then has that opportunity.

I recognise the concern of right hon. and hon. Members to ensure that the voice of the House is heard. That is why I said that those votes will be brought before the House should we lose the meaningful vote. I continue to want to see this House supporting a meaningful vote, so that we can leave with a deal. As she will have heard in my statement, in the case that a vote for no no deal and then a vote for an extension had been put forward, we would take that to the European Union. The decision would not be entirely ours. There has to be a unanimous decision of the 27 member states of the European Union to agree that extension, but were that agreed, we would bring forward the necessary legislation.

[Sir William Cash (Stone) (Con)]

Will my right hon. Friend accept that the Bill to delay article 50, to which the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) has just referred, would incur many billions of pounds of taxpayers’ money that would otherwise be available for public services and would otherwise not be handed over to the EU if we left on 29 March? Will she also accept that the Bill is effectively aimed at overturning the democratic will of the British people, which Parliament itself expressly entrusted to the British people and must be honoured?

[The Prime Minister]

My hon. Friend raises a number of points about the Bill proposed by the right hon. Member for Normanton, Pontefract and Castleford. Given the commitments the Government have made in relation to these issues, I hope Members would consider that the mechanisms in the Bill have constitutional implications beyond simply the Brexit issue, in terms of the relationship between Government and Parliament, and our democratic institutions going forward. I have been clear today. I want to see a deal that this House can support and which enables us to leave on 29 March with a deal. That is what the Government are working on and that is what the Government continue to work on.

Leaving the EU

William Cash Excerpts

Tuesday 12th February 2019 Commons Chamber

[The Prime Minister]

I have consistently said— and I made the point in my statement this afternoon—that what I want and what the Government want is a deal with the European Union. But there is only one way to ensure that we avoid no deal. I know I say this a lot, and I know right hon. and hon. Members shout out at it and so forth, but if they do not want no deal, they have to agree a deal.

[Sir William Cash (Stone) (Con)]

My right hon. Friend is facing intransigence both from the undemocratic EU and from MPs who voted for the European Union Referendum Act 2015, the European Union (Notification of Withdrawal) Act 2017, the European Union (Withdrawal) Act 2018 and the repeal of the European Communities Act 1972 but who are now trying to reverse this with their own votes. She has not signed the withdrawal agreement, which itself contains undemocratic and unconstitutional features, including the backstop and article 4, which removes control over our lawmaking. If this undemocratic intransigence continues, will she therefore walk away from the negotiations?