Referral of Prime Minister to Committee of Privileges

Debate between William Cash and Keir Starmer

Thursday 21st April 2022 Commons Chamber

[Keir Starmer]

I will just finish this point. After months of denials, absurd claims that all the rules were followed and feigned outrage at his staff discussing rule breaking, we now know that the law was broken. We know that the Prime Minister himself broke the law, and we know that he faces the possibility of being found to have broken it again and again and again.

As the police investigation is ongoing, we do not need to make final judgment on the Prime Minister’s contempt of Parliament today. When the time comes, the Prime Minister will be able to make his case. He can put his defence—of course he can. He can make his case as his defence that his repeated misleading of Parliament was inadvertent; or that he did not understand the rules that he himself wrote, and his advisers at the heart of Downing Street either did not understand the rules or misled him when they assured him that they were followed at all times; or that he thought he was at a work event, even while the empty bottles piled up. He can make those defences when the time comes.

[Sir William Cash (Stone) (Con)]

rose—

[Keir Starmer]

I will give way in just a minute.

We already know that he has a case to answer. The Prime Minister said that no rules were broken, but more than 50 fines for breaching the rules and the law have now been issued, including to the Prime Minister. Anybody who denies that simple fact has their head in the sand or has given up any interest in the truth and in the traditions of our nation in order to prop up a lawbreaking Prime Minister.

Today’s motion would refer the matter to the Privileges Committee, a Committee that has a Government majority. No one can say that the Prime Minister is not being judged by his peers. The Committee would investigate the Prime Minister for contempt only once the police had concluded their investigation. No one can say that there is prejudice to the rest of the inquiry. And, of course, any findings the Committee comes to and any sanctions it might propose would then come back before the House as a whole, so no one can say that it is too soon for the House to decide. It is a system of self-governance, and it should be, because with the great privilege that comes from sitting in this place comes the great responsibility to protect the conventions that underpin our democracy.

--- Later in debate ---

[Keir Starmer]

If the debate descends into a shouting match, Mr Speaker, we lose the principle that is there to defend all of us, including all the Conservative Members. We are not claiming a principle to support those on the Opposition Benches and not those on the Government Benches; it is a principle that supports us all. If we fail—

[Sir William Cash]

rose—

[Keir Starmer]

I will take the intervention from the hon. Gentleman.

[Sir William Cash]

The Leader of the Opposition has just said, quite rightly, that this issue affects everyone in the House. Does he accept that at this moment there is a complication, namely that the Committee on Standards is conducting a report, under the aegis of Sir Ernest Ryder’s recommendations, which raises questions about whether a fair trial and natural justice are possible at this juncture? That is currently under discussion in the House. The same rule applies with regard to the question of the Committee of Privileges, which has already been criticised. I was on the Joint Committee on Parliamentary Privilege, and I can assure the Leader of the Opposition that serious problems arise in relation to the need to rectify those omissions in procedural fairness.

[Keir Starmer]

I have heard the hon. Gentleman put his case on natural justice a number of times, and of course he has every right to do so. I disagree, but that is the point of the debates we have. However, a debate about natural justice, or due process, need not hold up the current process. This motion can and should be passed today, and everyone should support its being passed today to uphold the principles to which I have referred. There is a discussion to be had about natural justice—an interesting debate, in which we will take different views—but it need not hold up this process.

Committee on Standards: Decision of the House

Debate between William Cash and Keir Starmer

Monday 8th November 2021 Commons Chamber

[Keir Starmer]

No. Our Members did not need whipping to know what the right decision was.

There are good ideas across the House about how we can improve standards to restore the trust that the Prime Minister has broken. There has been talk about cross-party working this afternoon. We are willing to work cross party and with the expertise of the Standards Committee to make that happen, but let me be loud and clear: we are not willing to work with the Government on their plans to weaken standards. There will be no cross-party agreement on weakening standards.

There are other ideas. The Labour party has long called for the MPs’ code of conduct to ban paid directorships and consultancy roles. The current code of conduct recognises that those roles are a potential conflict of interest but does not ban them. We voted to fix that in 2015, but we were blocked by the Government. A change along those lines has been recommended by the independent Committee on Standards in Public Life, but there has been no action by the Government. It is time to put that right.

In addition, the revolving door between ministerial office and the private sector is still in full swing. Ministers can regulate a company one minute and work for it the next. The Advisory Committee on Business Appointments is too weak to provide the check and balance. It is time to shut the revolving door by banning those job swaps. This weekend, we were reminded of the appalling inevitable pattern: a large donation to the Conservative party, a stint as party treasurer, then an appointment to the House of Lords. The regulator has been ignored by the Prime Minister and broken in the process. There is no doubt that the House of Lords needs fundamental democratic reform, but we can act now to toughen the rules over appointments.

[Sir William Cash (Stone) (Con)]

The Leader of the Opposition is a former Director of Public Prosecutions. In 2003, under a Labour Government, the Committee on Standards set up the investigatory panel that contained rules of natural justice if it were to be implemented, which it was not in this case. As a former Director of Public Prosecutions, would he agree that the rules of natural justice could be avoided where an investigatory panel could have been set up but was not?

[Keir Starmer]

I understand the point, but let us remind ourselves of the process. The independent commissioner examines the complaint and comes to a finding. The charge is known and the individual can be legally represented and advised; I understand that the former Member for North Shropshire was legally advised throughout the process. The finding of the commissioner can then be appealed to the Committee, which can agree or disagree with the commissioner. I will be corrected if I am wrong, but on occasion, I think the Committee has disagreed, and therefore the appeal has been allowed and the individual has not faced a sanction.

Before that Committee, the individual can be legally advised, and I think the former Member for North Shropshire had two legal teams in the process. He was able to make a statement setting out his case and his defence. Every point that was made in his defence last Wednesday had been made by him to the Committee, as anybody who has read the report will know. It was rejected by the Committee. He was then questioned for a number of hours by Committee members. That is an appeal. That is due process. That is a much stronger position than millions of working people up and down the country face if they are disciplined in their workplace. We owe it to them to recommend it.

Leaving the EU: Business of the House

Debate between William Cash and Keir Starmer

Wednesday 12th June 2019 Commons Chamber

[Keir Starmer (Holborn and St Pancras) (Lab)]

I beg to move,

(1) That, on Tuesday 25 June—

(a) Standing Order No. 14(1) (which provides that government business shall have precedence at every sitting save as provided in that order) shall not apply;

(b) precedence shall be given to a motion relating to the Business of the House in connection with matters relating to the United Kingdom’s withdrawal from the European Union;

(c) if more than one motion relating to the Business of the House is tabled, the Speaker shall decide which motion shall have precedence;

(d) the Speaker shall interrupt proceedings on any business having precedence before the Business of the House motion at 1.00 pm and call a Member to move that motion;

(e) debate on that motion may continue until 2.00 pm at which time the Speaker shall put the questions necessary to dispose of proceedings on that motion including the questions on amendments selected by the Speaker which may then be moved;

(f) any proceedings interrupted or superseded by this order may be resumed or (as the case may be) entered upon and proceeded with after the moment of interruption.

I move the motion in the names of the Leader of the Opposition and of the leaders of the SNP, the Liberal Democrats, Plaid Cymru and the Greens, and I am thankful for the support of the right hon. Member for West Dorset (Sir Oliver Letwin).

This is a genuinely cross-party motion—so much so that for a short while at least it appeared even to have the support of one of the Conservative leadership candidates, the Secretary of State for International Development, but I assume that after a phone call from his Chief Whip he thought better of it.

The motion makes a simple proposition: that, on 25 June, Parliament and not the Executive will have control of the business of the House. That would ensure an opportunity for the House to bring forward a further business motion to set out, at that later date, a schedule for the stages of a parliamentary Bill relating to our departure from the EU.

[Sir William Cash (Stone) (Con)]

Will the right hon. and learned Gentleman give way?

[Keir Starmer]

I will in a moment, but I want to set out what we seek to achieve.

I want to be clear: the motion does not introduce legislation today; it does not specify what form any subsequent legislation should take; and it does not prevent the Executive from seeking to pass a Brexit deal. Instead, it is a first and limited step to ensure that Parliament cannot be locked out of the Brexit process over the coming weeks and months. It paves the way for Parliament to take further action, including to prevent no deal, should the House consider that necessary.

Crucially, the motion means that if the next Prime Minister were foolish enough to pursue no deal without gaining the consent of this House, or to prorogue Parliament to force through no deal, Parliament would have the means to prevent that. It is a motion to empower Parliament. It would introduce a safety valve in the Brexit process and be a reminder to all Conservative leadership candidates that this House will take every step necessary to prevent no deal.

[Sir William Cash]

Will the right hon. and learned Gentleman be good enough to tell us exactly which constitutional authority he refers to? Every single constitutional authority that has ever been written is clear that we operate on the basis of parliamentary government, not government by Parliament. Can he cite an example of that being abrogated in any constitutional authority?

[Keir Starmer]

The Bill that we passed in March mandated the Prime Minister to seek an extension of article 50. We are in unprecedented times. Parliament has to have the ability to speak on this issue. When we face the suggestion by some leadership contenders that Parliament be prorogued and shut out of the process, we are forced to take action.

European Union (Withdrawal) Act

Debate between William Cash and Keir Starmer

Monday 25th March 2019 Commons Chamber

[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.

UK’s Withdrawal from the European Union

Debate between William Cash and Keir Starmer

Thursday 14th March 2019 Commons Chamber

[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.

UK’s Withdrawal from the EU

Debate between William Cash and Keir Starmer

Wednesday 27th February 2019 Commons Chamber

[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?

European Union (Withdrawal) Bill

Debate between William Cash and Keir Starmer

Thursday 7th September 2017 Commons Chamber

[Keir Starmer]

That is exactly the point that was made earlier. To say that the changes do not matter because we can find that right elsewhere, but then to remove the right to do anything about an effective remedy, would mean that the exercise had achieved absolutely nothing.

[Sir William Cash (Stone) (Con)]

Would the right hon. and learned Gentleman be good enough to explain why other distinguished gentlemen—namely, Tony Blair and Lord Goldsmith—fought so resolutely to exclude the charter of fundamental rights from the Lisbon treaty and, furthermore, failed because their protocol did not actually work?

[Keir Starmer]

No. I spent 20-plus years as a human rights lawyer interpreting and applying provisions such as the charter and acting for many people to whose lives it made a real difference, as the Secretary of State will know.

I want to move on the question of devolved powers. At the moment, EU law limits the powers of the devolved institutions. On withdrawal, the default position ought to be that the devolved institutions would have power over matters falling within the devolved fields, but clause 11 prevents that and diverts powers that ought to go to Edinburgh, Cardiff or Belfast to London, where they are to be hoarded. That is fundamentally the wrong approach, but it is totally consistent with the Government’s approach of grabbing powers and avoiding scrutiny.

On that topic, let me deal with exit day, a crucially important day in the Bill. It is the day on which the European Communities Act will be repealed. It is also the day on which the role of the European Court of Justice will be extinguished in our law, and that matters hugely, whatever anyone’s long-term view, particularly for transitional arrangements. I heard the Secretary of State say this morning that he wanted transitional arrangements that were as close as possible to the current arrangements. I think he knows, in his heart of hearts, that that will almost certainly involve a role for the European Court of Justice—although he will say that it would be temporary.

Exit day, the day on which the role of the Court is extinguished, is crucial. Without it, we might not be able to transition on the terms that the Secretary of State was suggesting this morning. He knows that. Control over exit day is therefore hugely important. Who will have that control? People talk about bringing back control, and they might think that Parliament would have control over this important issue. But no. Enter clause 14, which states that

“‘exit day’ means such day as a Minister of the Crown may by regulations appoint”.

This will be in the sole power of a Minister. Anyone simply passing this Bill must be prepared to be a spectator on the question of what the transitional measures should be and how they operate. That is a huge risk to our national interests.

Parliamentary Scrutiny of Leaving the EU

Debate between William Cash and Keir Starmer

Wednesday 12th October 2016 Commons Chamber

[Sir William Cash (Stone) (Con)]

rose—

[Keir Starmer]

I can only give way to one person at a time.