Safety of Rwanda (Asylum and Immigration) Bill

Debate between William Cash and John Hayes

Consideration of Lords amendments
Monday 18th March 2024 Commons Chamber

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

I am extremely grateful to my hon. Friend for again making a powerful argument about the sovereignty of Parliament, and he will understand why the sovereignty of Parliament is so fundamental. In democratic polity, Parliament speaks for the people and is given legitimacy by the people, and lawmakers here are answerable to the people. International obligations and treaties matter, but they do not matter more than the people’s will.

[Sir William Cash]

I am bound to say, with no disrespect to the noble Lords, who passed this amendment with a majority of 102, that they do not have that legitimacy because constitutionally they are unelected; that is a fundamental point that needs to be taken into account. They have a function to perform, but it is our intention and the Government’s clear, stated objective, to overturn the amendment. The issue goes much further and deeper, in my opinion, than just the question of the Rwanda Bill, but it is in the Bill. In my 40 years in this place, or in my constitutional legal practice beforehand, I have never seen any statute that purports to include words that are so all-embracing as the words in the amendment. I do not know who devised the amendment but, with a majority of 102, we had better look to our merits and make quite sure that we turn it down.

The people who are behind amendment 1 are internationalists. That worries me, too. There is a cohort of internationalists in various Government Departments: the Home Office and the Foreign, Commonwealth and Development Office in particular. Being a mere Back Bencher, I am more than happy to castigate those who want to internationalise the sovereignty of our country. I had a bit of trouble—a local difficulty, as one might say—over our leaving the European Union. These internationalists wanted us to be part and parcel of this great European Union, and I have never been happier in my life than on 23 June 2016, when we decided to reject the proposals, as I had been arguing for—shall we say, for a year or two?

The European Union itself is in a terrible bind over the global problem of illegal migration. I have not yet discovered what Germany will do about its own constitution in this respect. It is not just the European Union but the United States of America—day in, day out we see the problems they face on the Texas border. It is beyond imagination. What that country is trying to do about the numbers of people flowing in raises all the same kind of questions on the international refugee convention. This issue affects not just the United Kingdom, but we are taking a stand. I say to my right hon. Friend the Prime Minister that by rejecting the amendment we will enhance our international reputation—by using our unwritten constitution to make it clear that what the people want and what the principles of common sense demand is that we just cannot allow illegal migration to overtake our entire national interest.

I have been to Madrid for a summit of the Conference of Parliamentary Committees for Union Affairs of the Parliaments of the European Union, as the British representative and Chairman of the European Scrutiny Committee, and I hope to go back again in a few weeks’ time. There was sheer consternation at the last conference, which is comprised of the chairmen of the European affairs or scrutiny committees of the 27 member states; they were appalled by the proposal by a majority vote to accept quotas and compulsory fines if they were to have any sensible arrangement in the European Union, which they cannot have because it is inconsistent with their constitutional arrangements. It is inconsistent with the charter of fundamental rights. That is why we need to focus on the European convention on human rights in this particular context. I am not going to make a speech about that, because that would be outside the terms of this debate.

Safety of Rwanda (Asylum and Immigration) Bill

Debate between William Cash and John Hayes

Committee of the whole House
Tuesday 16th January 2024 Commons Chamber

[Sir William Cash]

I am extremely glad that my hon. Friend has made that point, because I had the disobliging necessity to read some of the Supreme Court judgments from Germany. Sometimes—believe me—they run to nearly 1,000 pages, for the simple reason that they are struggling to find something that will support the German people, compared with some of the rules of law that are applied more generally on an international footing, which cause them so much trouble.

As I have said—my hon. Friend has just made my point for me—the European Union is in a complete mess on the issue of illegal migration, and we are well out of it. It still has the charter of fundamental rights, which we excluded in our withdrawal agreement, and legal changes to its immigration law, all of which will require hotly contested constitutional changes and referenda in its member states. It is going to be bedevilled by referenda and constitutional change, and I fear it will not succeed. Very many are up in arms about compulsory quotas and fines for non-compliance being imposed on them under the new pact on migration and asylum, which was passed by majority vote. It is noteworthy that recently the French Government defied rulings of the Strasbourg Court regarding the deportation of an Uzbek national, but they cannot apparently trace him as ordered by their own Supreme Court—[Interruption.] In reply to the barracking I am receiving, I simply point out that the relevance of this is that we are talking about our constitution, which can solve the problem, and about theirs, which cannot.

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

My hon. Friend is making a compelling argument about the difference between this country and those abroad who failed to take back control when we did. He will know that constitutionalists from Dicey to Denning, and from Lord Woolf to Lord Sumption, agree with him that this place is supreme. The supremacy of Parliament is at stake as we debate his amendment and the Bill.

[Sir William Cash]

I have to say, with all humility, that it is not so much that I agree with them, or that they agree with me, but that this is the law of our land. This is the rule of law as it applies to the United Kingdom, and it is a tribute to the British people that they took that decision in 2016.

As I said to the Prime Minister in December’s Liaison Committee, he can be a world leader on the issue of illegal migration, not only in the EU, but also in the United States, Canada and Australia—every country in the world. The international refugee convention, among other conventions, is seen as requiring reform. In Europe, it is clear that they need to change the European convention on human rights as well as EU immigration law, and European Union voters are voting with their feet.

Retained EU Law (Revocation and Reform) Bill

Debate between William Cash and John Hayes

Report stage
Wednesday 18th January 2023 Commons Chamber

[Sir William Cash (Stone) (Con)]

Having endured the last 40 minutes, I am bound to say, as Chairman of the European Scrutiny Committee, that although I will be relatively brief there are important matters that need to be discussed. I will raise them and give the House the opportunity to reflect on what I have to say.

This Bill was passed by this House without amendment. There were no amendments on Second Reading or in the Public Bill Committee. I have been Chairman of the European Scrutiny Committee for many years, and I have been on this Committee since 1985. I draw the attention of the House to the European Scrutiny Committee report tagged to this debate, published on 21 July last year. As the Minister said, EU retained law was never intended to remain part of our domestic statute book. I am deeply grateful to the Government for today’s round robin letter to all Members and to my right hon. Friend the Member for North East Somerset (Mr Rees-Mogg) for his work on the genesis of this Bill.

We left the European Union with section 38 of the European Union (Withdrawal Agreement) Act 2020 guaranteeing UK sovereignty and democracy, and therefore UK democracy itself. It was the culmination of a process that began with my sovereignty amendment to the Single European Act in 1986, which, at that time, I was not even allowed to debate. In turn, that was followed by the Maastricht treaty and a whole series of treaties, enactments and debates on the Nice, Amsterdam and Lisbon treaties.

Incidentally, on the question of maternity pay—the only interesting thing mentioned by the hon. Member for Ellesmere Port and Neston (Justin Madders)—the UK actually has 52 weeks of maternity pay, while the EU has merely eight. On holiday pay, we have six weeks; the EU has four.

The views of the British people, as expressed ultimately in the 2016 referendum, repudiated the idea of our remaining in the EU by democratic vote, and the general election that endorsed that decision, under my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson) as Prime Minister, gave the present Conservative Government a large majority. The democracy that we enjoy is based on our unique and universally envied constitutional arrangements, whereby laws are passed in this House by a simple majority of MPs representing individual constituencies, who derive their authority exclusively from those who voted them into the House of Commons.

[Sir John Hayes]

This is the essence of the misunder-standing of the hon. Member for Ellesmere Port and Neston. The relationship between the Executive and the legislature is such that the Government receive a mandate from the people, but Ministers are answerable to this House. I am amazed that the hon. Gentleman has not grasped that constitutional fundamental.

Terrorist Offenders (Restriction of Early Release) Bill

Debate between William Cash and John Hayes

Committee stage & 3rd reading: House of Commons & Committee: 1st sitting: House of Commons & 3rd reading & Committee: 1st sitting
Wednesday 12th February 2020 Commons Chamber

[Sir William Cash]

In the context of what is developing into a very interesting speech, I refer to Edmund Burke’s famous attack on Thomas Paine in respect of what he really thought about human rights. It was a brilliantly expressed metaphor—that we would not be “trussed” like chickens, or something of that kind, by the human rights proposals of Thomas Paine.

[Sir John Hayes]

Now I might really test your patience, Dame Eleanor, because my hon. Friend invites me to articulate a Burkean case against natural rights, which I will be happy to do, but perhaps on another occasion. Given that I offered the hon. Member for St Albans (Daisy Cooper) the opportunity to have a debate about this, that might be the very occasion. Perhaps my hon. Friend will agree to be my seconder in such a debate—what a humbling experience that would be for me and an elevating one for him. I hope we will do that on another occasion and we can indeed explore why so many people take for granted the existence of natural rights, as though they spring from the ether. As a Christian, of course I could not possibly take that view, but now is not the time to get into that discussion.

On the specifics of the amendment, my hon. Friend makes a belt-and-braces case, as I said, for a notwithstanding clause. The shadow Minister made the point that that was fundamentally disagreeable and made a constitutional argument against the notwithstanding clause per se. However, he also went on to say that he believed the Government were right, or were likely to be right, in asserting that they were clear that, in any case, this legislation did not contradict any existing rights legislation. We heard that today from the Secretary of State and again subsequently in the debate: the Government do not feel that the proposed legislation is likely to be successfully challenged, as my hon. Friend suggested it might. We have to assume that the Government have taken legal advice to make that claim.

--- Later in debate ---

[Sir John Hayes]

I would not have wanted to suggest anything other than that. The hon. Gentleman was very clear that he had heard what the Government said about having taken that advice and their confidence that a legal challenge would not succeed on that basis. My hon. Friend the Member for Stone may be more sceptical than others about that, but it is important to point out that the Government have made it clear that further legislation on counter-terrorism will be forthcoming. That legislation might in itself, on a primary basis, revisit the issue of how counter-terrorism measures interface with and may be contradicted by existing legislation. That would be a very fundamental debate, because of course it will oblige the consideration of exactly the kinds of points that he made. On that basis, I am happy to go with the Minister. Notwithstanding my temptation to follow the example of my esteemed hon. Friend the Member for Stone, I am happy, like the shadow Minister, to err on the side of the Government and to say that if they have taken legal advice, with the further opportunity to revisit these matters in the primary legislation that we hear will be speeding its way to the House, I am prepared to concede the argument about rights.

[Sir William Cash]

Will my right hon. Friend give way?

[Sir John Hayes]

My hon. Friend is going to try to persuade me not to.

[Sir William Cash]

My right hon. Friend will accept that this is primary legislation and furthermore that I have already said I am looking forward to a proper discussion about this in the future, with a view to getting it right, because the object of the Bill is to prevent people from being killed on the streets of this country.

[Sir John Hayes]

I am talking about the murderous intent of people I described earlier as wicked. I use that word advisedly: not all these people are mentally disturbed. Some may be, and we know from evidence that some are, but not all. Crime is not an illness to be treated; it is a malevolent choice, an act of wickedness, and wickedness is entirely different from mental illness. I know it is difficult for some to grasp that, but it is important to emphasise it.

Terrorist Offenders (Restriction of Early Release) Bill

Debate between William Cash and John Hayes

2nd reading & 2nd reading: House of Commons
Wednesday 12th February 2020 Commons Chamber

[Sir William Cash]

My hon. Friend touches on a point that I raised several years ago, shortly after the infamous, terrible murder of Lee Rigby. On the question of persons returning to this country from ISIS, I told the House that, as far as I was concerned, the issue of their return should be evaluated in accordance with article 8 of the convention on the reduction of statelessness, which makes it clear that a person can be made stateless if they give allegiance to another country—the caliphate could be regarded as such in this context. I accept this is controversial, but the United States, for example, already applies article 8 in that way. If the person in question gives allegiance to another country, by definition they have moved into the zone of treason and have deliberately and voluntarily abdicated their allegiance to this country. I put that on the record because we have to take these matters extremely seriously, and I attempted to make such an amendment to the Counter-Terrorism and Security Act 2015. This is about not just external activities, but internal ones, within our domestic law, so we need to take this incredibly seriously. That is why I am appealing for this longer term assessment of all these questions, including the one my hon. Friend has raised, because it is so important and cannot just be put into a category of “rather extravagant thinking”. This is really serious.

As I said earlier, human life and public safety are much more important than the question of whether the courts may or may not interpret a particular provision in a more “fashionable” judicial interpretation than we ought to expect of our courts. I go further and say that human life is more important than any legal interpretation of human rights, which is why I have tabled my amendments. I imagine that the Committee stage will be pretty truncated, so I am not going to go into this in Committee in the detail that I will now. As this is a Second Reading issue and a matter of principle, let me say that we should include in the Bill, in clause 1, the exclusion of the Human Rights Act 1998. I have something of a history in that respect, but so do the Foreign Secretary and many others, such as the distinguished Martin Howe, QC. We were regarded as highly unfashionable some years ago, but issues of the kind that gravitate around the Bill have drawn attention to the fact that we have to take these matters really seriously. I understand that the Bingham Centre has made a number of representations on the matter, and there are clear indications that there are lawyers of some notoriety, if not distinction, who will seek to overturn the provisions of this Bill by going to the courts. I deplore the fact that they would seek to do so.

I am looking forward to the discussion in the House of Lords on this matter, because there are distinguished lawyers on all sides of the debate in that House, who, with the greatest respect to all of us here in the House of Commons, have been practising at the Bar, have been in the Supreme Court and so on. They will be able to bring to bear the right degree of analysis of the case law, which needs to be looked at carefully in this context.

[Sir John Hayes]

As ever, my hon. Friend is making a compelling case. I suggest to him that this requires a more fundamental review of the characteristic and extent of rights, and how they relate to citizenship, duty, responsibility and the public good. I wonder what he thinks of that.

[Sir William Cash]

That is an extremely important point. As my right hon. Friend knows, I have the greatest respect for his analysis when it moves from not just the law into the broader societal and philosophical questions, which ought to inform opinions made in this House; we should not just treat issues of this kind as if they are somehow matters of semantics. We are dealing with the kind of society that we want, and the impact of the terrorism, and murderous and dangerous behaviour, of the perpetrators of these crimes our own constituents. A most recent case involved somebody who travelled from Stafford down to London, and therefore was a matter of immediate concern to my constituents, because he had been living there for some time. The manner in which he was allowed to leave to come down to London and commit murder in Fishmongers’ Hall and in the vicinity is a lesson for us all.

I now want to deal with the retrospectivity elements of this Bill, which relate to my general concern to tie down this issue in the longer term. The Chair of the Justice Committee, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), and I had an exchange about a number of cases. I am well aware that this is not the place for us to attempt to make an assumption that we are able to treat this Chamber as though it is a court of law, although we are, of course, the High Court of Parliament, but that is to miss the point; the fact is that proper analysis of the case law has to be conducted. Some of that has already been done in blogging and in some pamphlets, and I am expecting the House of Lords to home in on it effectively when the Bill gets to that House, although it will not have much time.

We know that Ministers have been warned about the likelihood of a legal battle; despite the assertions of the Government that the Bill is compatible with article 7 of the European convention on human rights—for reasons that I will explain, I am sympathetic to their view—there are those who will argue that it is not. I can see this coming, so my amendment would remove any chance that there could be that kind of legal battle on the applicability of the Human Rights Act to this Bill. My amendment would insert the words

“notwithstanding the Human Rights Act 1998”.

That is a belt-and-braces approach, and it is what I am seeking. I am not going to move this amendment in Committee with any intention of dividing the Committee of the whole House on it; I think the matter needs further consideration outside this House, and I look to the House of Lords for some indication of views.

My argument goes like this: this Bill is compatible with article 7. No one has read it out so far, so I will do so. It states:

“No one shall be held guilty of any criminal offence”—

for conduct —

“which did not constitute a criminal offence…at the time when it was committed.”

This Bill does not purport to create a new criminal offence. Rather, it seeks to prevent terrorists convicted by UK courts on the basis of offences that existed prior to the Bill from having automatic early release. I have already made my point about the length of time indicated. Furthermore, the explanatory notes state:

“The Bill does not retrospectively alter a serving offender’s sentence as imposed by the court, or alter the maximum penalties for offences.”

They state that the Bill is concerned with the “administration of a sentence”. I still believe, despite the exchanges I had with the Chairman of the Justice Committee, that the del Río Prada case could well still come into play there. I fear that it might be used effectively against the Bill. So my conclusion on the question of a textual interpretation of article 7 of the ECHR indicates that is not incompatible with this Bill. However, Parliament does have the power to legislate retrospectively—

European Union (Withdrawal Agreement) Bill

Debate between William Cash and John Hayes

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

[Sir William Cash]

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

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

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

And by me.

[Sir William Cash]

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

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

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

UK’s Withdrawal from the European Union

Debate between William Cash and John Hayes

Thursday 14th March 2019 Commons Chamber

[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.