European Union (Withdrawal) Act 2018

William Cash Excerpts

Tuesday 29th January 2019 Commons Chamber

[The Prime Minister]

Members across the House have put forward a number of proposals on how this issue can be addressed. They are not indulging in fantasies—they are coming forward with serious proposals, on which this Government will work with them.

[Sir William Cash (Stone) (Con)]

On the question of our control over our laws, to honour the referendum, will my right hon. Friend give instructions to make certain that in any future withdrawal and implementation Bill, there will be an express repeal of the European Communities Act 1972, so as to dovetail with section 1 of the European Union (Withdrawal) Act 2018, which we have passed?

[The Prime Minister]

As my hon. Friend knows, in the European Union (Withdrawal) Act, we repealed the 1972 Act. It would be necessary to replicate the impact of some aspects of that Act for the purposes of the implementation period, but I certainly take what my hon. Friend has said. Within the withdrawal agreement Bill that we will need to bring before the House, we will make absolutely clear the arrangements for ensuring that the European Communities Act, and its impacts, do not go beyond the end of the implementation period.

--- Later in debate ---

[Mr Dominic Grieve (Beaconsfield) (Con)]

I cannot deny that I have found the process of Brexit one of the most wearisome and unpleasant periods of my time in this House, but the cloud has a little bit of a silver lining. I find this afternoon that an amendment I first proposed last summer, which was vehemently denounced by some of my right hon. and hon. Friends as being about to break the party apart, and that I brought back just before Christmas, and passed with the help of many right hon. and hon. Members, now appears to have something to commend it to the very people who denounced it then. I note with pleasure that amendment (n) appears to command some support among Conservative Members, and from my right hon. Friend the Prime Minister, but it could not even have been brought up for consideration if the system that had been devised for this House, simply to have motions in neutral terms be unamendable, had been followed. I derive some slight satisfaction from that.

I now tempt the House to accept another amendment, amendment (g), and I will briefly explain why. We are mired in complete paralysis. The deal that my right hon. Friend the Prime Minister brought back, which I suspect is probably the best deal available, does not commend itself to many of my right hon. and hon. Friends. If they voted to leave, it does not meet their dreams at all. What about somebody like myself? When I look at the deal objectively, from the point of view of an ex-remainer, I simply cannot understand how we are going to be better off leaving on such terms than remaining in the European Union.

[Sir William Cash]

Will my right hon. and learned Friend give way?

[Mr Grieve]

No, I am going to make some progress, if I may.

In those circumstances, we have to find a way forward. Throughout the times that I have tabled amendments for this House to consider, I have tried to avoid objectives and look at process. Frankly, we could do with more days of debate of this sort unless or until we reach agreement. Of course, if we do reach agreement, with this amendment we can have another business of the House motion and we will just drop the remaining sitting days. It is rather sensible to set aside six days between now and the end of March when this House can debate, free of the interference of government, which I have to say I am afraid has sought consistently to restrict debate into an absolute straitjacket of what it wanted to hear and nothing else. If we have those days, it will help us, just as we are actually starting to tease out this afternoon, to make a little bit of progress towards compromise.

Of course my views are well known about the desirability of a further referendum, and I will come back to them right at the end, but I am perfectly aware that many Members in this House do not agree with that, even if they also share my regret at what we are doing in leaving the EU. But that in no way diminishes for me the value of these days, and I agree entirely with the Father of the House and with my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) that the idea that this is some constitutional abomination simply does not bear scrutiny; we are in control of our Standing Orders and changing them in this way to get the debates we need is entirely in keeping with the traditions of this House and the fact that the Government, in this area, simply do not enjoy the majority that some Governments have normally used to suppress it.

[Sir William Cash]

Somebody who refers to national suicide, as my right hon. and learned Friend did the other day, is now moving towards a proposition that involves constitutional homicide, but let me put it another way. Does he agree that he voted for the European Union (Withdrawal) Act 2018, which states unequivocally that the European Communities Act 1972 will be expressly repealed? Therefore, is what he is now saying going to contradict that, because he does not want the 1972 Act to be expressly repealed—yes or no?

[Mr Grieve]

I say to my hon. Friend that he is familiar enough with the constitutions of this country and this House to know that this House can propose, debate, pass and revoke laws—we do it quite often sometimes, including laws that have never actually been implemented. So this House can do what it thinks is right at any given moment, and that is the flexibility we need. I tabled my amendment in the spirit of trying to reach some sort of understanding of where the majority might lie to bring this unhappy episode to a conclusion. I have also made it clear that in doing that one has to keep in mind and respect the decision of the earlier referendum, but that does not mean—I will come back to this in a moment as well—that one simply says that one is going to drag the country out on terms that nobody very much seems to support and towards a future that on the face of it looks pretty bad. To do that would be an abdication of our responsibility.

My right hon. Friend the Prime Minister has also said that this House should say what it wants and what it does not want. May I say to her that knowing what one does not want can be quite a good starting place to understanding where compromise is reached over what one is prepared to accept? There are amendments down this evening on no deal that I shall support, because it is quite clear to me that this House utterly rejects no deal. Therefore, I will vote for those as well and I ask the House to vote for my amendment, which is neutral in objective but which will give us the opportunity we need to continue developing the debate we have to have if we are to resolve this matter sensibly.

There is then amendment (n), which I have to say is quite tempting in some ways. Our party has deep divisions over Brexit, and we know the pleasure we get when, because of the respect and affection we have for each other, we can all vote together. We did it when we supported my right hon. Friend the Prime Minister on the motion of confidence. For that reason, it is very tempting to be told that we should just vote for amendment (n) and send some message that we might just be close to resolving our disagreements with the EU, and doing it collectively. I have some slight anxiety about this, however.

The backstop is indeed a rather humiliating thing, which is why Democratic Unionist party Members do not like it. As a Unionist, I can understand that, to the bottom of my heart, because it highlights the fact that when we leave the EU, the EU is going to continue to have a hold constitutionally over some of the things that we do. But the truth is that the backstop is just the outward sign of a much more profound truth: that ever since we signed up to the Good Friday agreement to resolve, on a permanent basis, an outstanding constitutional issue of identity on the island of Ireland, we have bound ourselves to keep an open border. The unpleasant truth is that that is incompatible with the aim of some right hon. and hon. Friends, who want to take us to a future in which we diverge on tariffs and regulation, and which inevitably therefore leads to a hard border having to be introduced.

I fear that our being asked to support amendment (n) this evening is a piece of displacement activity—something in which I am afraid the House has specialised in the past two and a half years, and which one often sees young children doing when they are asked to face up to something they do not like. That seems to me to be what the amendment is about because, first, it is quite clear that the EU will not negotiate on it—although I do accept that if you do not ask, you do not get—and secondly, even if we were to get the backstop removed, the trouble is that what some of my right hon. and hon. Friends are asking for is inevitably going to bring this conflict into the open once we are gone. If I may gently say so to them, this is one of the issues that we need to debate in those six days that I hope I may have set aside for the House. There is a lack of trust about future intention that makes 29 March completely irrelevant, because the truth is that the disputes about the nature of our state and how we relate to those around us will resume immediately afterwards.

For those reasons, I am afraid I cannot support amendment (n), but I am delighted to have provided—if only by my previous amendment, at least—an opportunity to this House to start having a dialogue. I very much hope we can pursue that.

Leaving the European Union

William Cash Excerpts

Monday 21st January 2019 Commons Chamber

[The Prime Minister]

It is of course right that the Government are taking the necessary contingency arrangements for the situation. The right hon. Gentleman will find that we are talking about those troops perhaps being able to relieve others who are undertaking roles such as the guarding of certain sites. That is what we are talking about.

[Sir William Cash (Stone) (Con)]

On the vital issue of UK tax policy, will my right hon. Friend also reconsider the provisions under which the United Kingdom will embrace EU state aid rules? With the European Commission supervising our Competition and Markets Authority, a veto will be given to the Commission over future tax incentives for investment developments such as free ports, airports, and industrial and enterprise zones.

[The Prime Minister]

If my hon. Friend looks back at the discussions that have taken place in the European Union, he will see that it has often been the United Kingdom that has been promoting fair competition, including in relation to state aid rules. The question of those state aid rules and what will be included in any future trade agreement with the European Union is, of course, a matter that we look at in detail in the next stage of the negotiations.

Leaving the EU

William Cash Excerpts

Monday 14th January 2019 Commons Chamber

[Sir William Cash (Stone) (Con)]

Will my right hon. Friend confirm what she said at Stoke today: namely, that she will never extend—never extend—the date of our leaving beyond 29 March this year, and never in any circumstances whatsoever allow the repeal of the European Union (Withdrawal) Act 2018, or of the repeal of the European Communities Act 1972 under that Act?

[The Prime Minister]

I did indeed confirm that our intent and what the Government are working for is to leave the European Union on 29 March. There are those who may try to find ways to prevent that from happening—I think that is a real risk—but the Government are firm in their commitment in relation to leaving the European Union.

On the issue that my hon. Friend has raised on the withdrawal Act, we have passed the withdrawal Act through this House—through this Parliament—and it does repeal the European Communities Act 1972. Of course, for the period of the implementation period, it would be necessary within the WAB—the withdrawal agreement Bill—as my hon. Friend knows, to ensure that we are still able to maintain the rules that we need to operate by in order to abide by the negotiated agreement on the implementation period, but I can assure him that it remains the commitment of this Government to leave the European Union on 29 March.

European Council

William Cash Excerpts

Monday 17th December 2018 Commons Chamber

[The Prime Minister]

I am not sure that the right hon. Gentleman should spend too much time in the betting shops. I am not sure that the odds on the Liberal Democrats are very good at all.

[Sir William Cash (Stone) (Con)]

Will the Prime Minister confirm that, despite the European Council’s so-called legal endorsement of the withdrawal agreement, which it says is not open for renegotiation, this agreement has not been initialled or signed by her and is only a draft—it is no more than a political agreement under which nothing is agreed until everything is agreed, including the backstop—and therefore she can still walk away?

[The Prime Minister]

I can certainly confirm that this deal has been negotiated between the UK and the European Union, but it has to go through certain processes in order to be ratified. Part of that is ratification here in the United Kingdom Parliament, and part is ratification in the European Parliament. It is those processes that lead to the final agreement and the withdrawal agreement.

Exiting the European Union: Meaningful Vote

William Cash Excerpts

Tuesday 11th December 2018 Commons Chamber

[Sir William Cash (Stone) (Con)]

The Prime Minister has now reached the cliff-edge of resignation. I believe that she may well have to resign. Yesterday’s events—running away from the vote and then off to Germany, Holland and the EU—was yet another humiliation for the United Kingdom. She is clinging to the wreckage. She has reached the point of no return. The pulling of the vote yesterday was an insult to the House of Commons and an admission of the failure of the withdrawal agreement itself. It has magnified the contempt of the House displayed in respect of the Attorney General’s opinion, and that issue itself remains incomplete, because we have not had answers that we have asked for. We have not had answers from the Prime Minister to the questions I have asked her in Committee and on the Floor of the House. The agreement has all the characteristics of a dead parrot.

The Prime Minister’s reply to me yesterday about breaches of the ministerial code simply did not begin to answer my complaint about whether the Law Officers’ opinion was fully and properly sought in good time in relation to the fundamental issues that lie at the heart of the withdrawal agreement, our relationship with the European Union and the European Union (Withdrawal) Act 2018. These issues go beyond the backstop. The withdrawal agreement fails on every fundamental test. The vote is needed now. There is also the question of the incompatibility of the Act with the mere treaty itself, which is the withdrawal agreement, and of the constitutional integrity of the United Kingdom itself.

Public trust in our democracy has been shattered. On Sunday, a poll of 10,000 people showed that 63% of all those who took part had no faith or trust in the Government’s withdrawal agreement. There have been broken promises and misleading statements, breaches of Cabinet collective responsibility, and failures to comply with the ministerial code and the Cabinet manual, not to mention the Commons resolution on the publication of the Attorney General’s full and final legal advice.

There are a vast range of unresolved matters for which it was necessary to have the meaningful vote today, including the question of the transitional arrangements; the indefinite nature of any such extension; the financial framework after 31 December 2020, including the manner in which our own resources would be dealt with and the loss of the rebate itself; the question whether or not we can implement trade deals after the end of the transitional period; and the extent to which we cannot control our laws. All are as important, in their own way, as the backstop. The sovereignty of this House and our control over our laws is fundamental. It is what this Parliament is all about. It is how it has evolved to its greatness. This is the issue. Further discussion of the backstop in the secret rooms of Holland, Germany and Brussels will not resolve these questions.

As I conclude, I call to mind John of Gaunt’s famous speech in which he declared that with “rotten parchment bonds” this country:

“Hath made a shameful conquest of itself.”

This withdrawal agreement does just that: it is a breach of trust and a betrayal. This clutching of straws and running away from the vote is contemptible.

Exiting the European Union

William Cash Excerpts

Monday 10th December 2018 Commons Chamber

[Sir William Cash (Stone) (Con)]

The Prime Minister knows that the withdrawal agreement and the political declaration both cover many legal issues beyond the backstop, important and vital though that is. Those issues include the European Court, control over our own laws and questions relating to compatibility with the European Union (Withdrawal) Act 2018. Under the ministerial code, there is an absolute obligation to consult the Attorney General formally and in good time before committing to critical decisions that involve legal considerations. Under the order of the House of, I think, 4 December, the Government must publish in full the Attorney General’s advice on both the withdrawal agreement and the framework. So far, the only advice that has been published is on the Northern Ireland protocol. Did the Prime Minister seek the Attorney General’s advice, under the code, on both these matters in good time, or did she not? If she did seek his advice, why has it not been published?

[The Prime Minister]

I think my hon. Friend has asked me variations of that question each time I have made a statement recently. I am clear that the Government undertake their responsibilities in relation to the seeking of legal advice entirely properly and appropriately. Of course, the Government published a full legal position on the withdrawal agreement, and that contained more detail than Governments have previously published on any such occasion or in any similar event. Not only have we done that, but the Attorney General came to the House, made a statement and took many questions from Members on these issues.

Oral Answers to Questions

William Cash Excerpts

Wednesday 5th December 2018 Commons Chamber

[The Prime Minister]

I thank the hon. Gentleman for his remarks about the Government’s decision. This is an exciting opportunity for the United Kingdom to take a leading role in the new commercial space age. He has referenced the new spaceport and the ambition we have for it. I understand that, following a report by the local crofters association, Highlands and Islands Enterprise is moving ahead with its plans, which could create 40 skilled jobs locally in spaceport construction and operation. I recognise the importance of the skilled jobs he is talking about locally. This is a real opportunity for his constituency, but it is also an opportunity for the UK to be at the leading edge of this technology.

[Sir William Cash (Stone) (Con)]

The motion relating to the Attorney General that was passed yesterday related to the whole agreement, not just to the question to which the letter that has now been published relates, which is exclusively the protocol on Ireland and Northern Ireland. Given that the ministerial code states:

“The Law Officers must be consulted in good time before the Government is committed to critical decisions involving legal considerations”,

and that the Attorney General has stated that the international agreement is binding on the United Kingdom and the EU, why have we not had an opinion on matters such as the control over laws, European Court of Justice jurisdiction and the incompatibility of the agreement with the repeal of the European Communities Act 1972—matters that are of seminal importance in deciding this question?

[The Prime Minister]

I suggest that my hon. Friend looks at the remarks that were made in the Chamber yesterday following the Government’s announcement that they would publish the final advice given by the Attorney General that was asked for.

My hon. Friend has referred again to the repeal of the European Communities Act 1972. As I have said in answer to him on more than one occasion in this Chamber and in the Liaison Committee, it was always clear during the passage of the European Union (Withdrawal) Act 2018, which did indeed repeal the 1972 Act and bring the EU acquis—EU law—into UK law, that in the event that there was an implementation period in which we were to operate much as we do today as a member of the European Union, it would be necessary to ensure that any necessary changes were made, and those changes will be made in the withdrawal agreement Bill, which will be brought before Parliament.

Leaving the EU

William Cash Excerpts

Monday 26th November 2018 Commons Chamber

[The Prime Minister]

The right hon. Gentleman and his hon. Friends have asked me this question about the people’s vote—the second referendum—on a number of occasions, and my answer to that has not changed. I believe that it is important, having given the choice to the British people as to whether we stay in the European Union, that we now deliver on the choice that the British people made. That is a difference of opinion between myself and him—I recognise that—but I think that the majority of the British public want us to get on with doing what they asked us to do.

[Sir William Cash (Stone) (Con)]

Does the Prime Minister appreciate that the withdrawal agreement is incompatible with the European Union (Withdrawal) Act 2018, which expressly repeals the whole of the European Communities Act 1972? In this event, we would truly regain our laws. Does the Prime Minister accept that this agreement, being only a treaty, cannot override the statutory provisions of the 2018 Act, and is therefore unlawful? Did she seek the legal opinion of the Attorney General on this question in good time before the agreement was signed by her yesterday, as required under the ministerial code?

[The Prime Minister]

I make two points to my hon. Friend. First, one of the things that the European Union (Withdrawal) Act does is bring European Union law into UK law, such that there is that smooth and orderly transition when we leave the European Union, and, of course, the withdrawal agreement will be implemented in our legislation through the withdrawal agreement Act.

Progress on EU Negotiations

William Cash Excerpts

Thursday 22nd November 2018 Commons Chamber

[The Prime Minister]

Thank you, Mr Speaker. The right hon. Gentleman devoted all his response to the issue of fishing. He is sitting there chuntering that this is a sell-out of Scottish fishermen. I will tell him what a sell-out of Scottish fishermen would be: the policy of the Scottish nationalists to stay in the common fisheries policy.

[Sir William Cash (Stone) (Con)]

Does my right hon. Friend accept that this declaration is self-contradictory in that it insists on the sovereignty of both the EU and the United Kingdom legal orders, and that without control of our own laws and by surrendering to binding rules of the European Court, this declaration cannot be reconciled with the repeal of the 1972 Act or with the referendum vote? Will she further note that the European Scrutiny Committee has resolved to hold an inquiry into the Government’s handling and the outcome of these negotiations?

[The Prime Minister]

This political declaration asserts the sovereignty of both sides of the agreement—the United Kingdom and the European Union—because that is exactly what will persist. We will be a sovereign nation. We will no longer be under the jurisdiction of the European Court of Justice. There are circumstances where a point that is being looked at—for example, in arbitration—is considered to be a matter of the interpretation of European Union law. There is one body that interprets European Union law: that is the European Court of Justice. What we make clear is that, in those circumstances, the arbitration panel may ask the European Court of Justice for an opinion on the interpretation of European Union law; the arbitration panel will then consider its decision in the light of that opinion.

EU Exit Negotiations

William Cash Excerpts

Thursday 15th November 2018 Commons Chamber

[The Prime Minister]

What is in our national interest is ensuring that we continue to have a good trading partnership with the European Union once we have left. That is why we have put forward a proposal, which is reflected in the outline political declaration, for a free trade area in goods. It is why we have also put forward a proposal that would ensure the frictionless trade of goods across the border. The right hon. Gentleman and I disagree. A customs union is not the only way to ensure that we continue to have a good trading relationship with the European Union. We have put forward a proposal that is reflected in the outline political declaration to achieve that, while also ensuring that we are able to take advantage of operating an independent trade policy.

[Sir William Cash (Stone) (Con)]

These 585 pages are a testament to broken promises, failed negotiations and abject capitulation to the EU. Does my right hon. Friend understand that they represent a list of failures—on Northern Ireland, on ECJ issues, on indefinite extension of time, on customs, on full independence of trade and of fisheries and, above all, on our truly leaving the EU, because it will control our laws? Furthermore, there have been some very serious breaches of ministerial responsibilities, the ministerial code and collective responsibility.

[The Prime Minister]

What we are looking at here is a withdrawal agreement that determines the withdrawal of the United Kingdom from the European Union and a declaration that identifies the scope and structure of our future relationship. Our future relationship is one that will not see the European Union controlling our laws because, in those areas where we choose to align with the European Union, it will be for this Parliament to decide that, and that decision will therefore be taken here by the United Kingdom. There will not be European Court of Justice jurisdiction in the United Kingdom. That is what we have negotiated in the outline political declaration for our future relationship.

I recognise my hon. Friend as one of the Members of this House who has campaigned on this issue probably since the day—maybe even since before—he came into this House. He has continued to campaign on this issue with a passion, and I recognise the concerns that he has expressed. As Prime Minister and as a Government, it is our duty to ensure that we put together a deal that not only respects the vote of the British people—it does, in the ways that I have said, and it also ends free movement—but does so in a way that protects jobs. That is why I believe it is important not only that we take back control in the areas mentioned, but that we maintain a good trading relationship with the European Union, as well as having good trading relationships elsewhere. That is in our economic interest and in our national interest, and that is what we will deliver.