United Kingdom Internal Market Bill

Debate between William Cash and Paul Blomfield

Monday 21st September 2020 Commons Chamber

[Sir William Cash]

Will the hon. Gentleman give way?

[Paul Blomfield]

I am happy to give way again. I am interested to know whether the hon. Gentleman will pursue his point about the Sheffield steel industry, on which he is usually wrong.

[Sir William Cash]

I am actually going to look briefly at a simple point, which is that, apart from our own judges, the German federal constitutional court in December 2015 clearly stated that international law leaves it to each state to give precedence to national law. International law gives effect in that way. How does the hon. Gentleman answer that?

[Paul Blomfield]

I thank the hon. Member for his intervention. I think the answer was provided by the Northern Ireland Secretary when he spoke to the House on the issue and he said that—let us all think on these words—

“yes, this does break international law in a very specific and limited way. We are taking the power to disapply the EU law concept of direct effect, required by article 4”.—[Official Report, 8 September 2020; Vol. 679, c. 509.]

On that, he was right. Article 4 does require that the UK ensures compliance with paragraph 1 of the withdrawal agreement, including our courts, disapplying

“inconsistent or incompatible domestic provisions”.

Article 5 makes it absolutely clear that we have an obligation to

“refrain from any measures which could jeopardise the attainment of the objectives of this Agreement”,

which, as the Northern Ireland Secretary made clear, is the purpose of clauses 41 to 45. In adopting them, we are in breach of international law and unsettling the situation in Northern Ireland, to which the Minister rightly referred. Indeed, the Lord Chief Justice of Northern Ireland, Sir Declan Morgan, who is a widely respected voice, said that the Government’s actions “may well undermine trust”.

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[Paul Blomfield]

The right hon. Gentleman came back at me on the quote I gave about trust. That quote was from the Lord Chief Justice of Northern Ireland, and it was about trust in relation to the Government’s actions. In terms of how we deal with the issues that the right hon. Gentleman refers to, I will come on to those subsequently.

The Government’s cavalier disregard for the rule of law has been condemned by the Law Society and by the Bar Council. It has shocked people across the country, and it has disturbed our friends and allies around the world. Part of the tragedy of the Government’s actions is that they never needed to do this. Instead of throwing their toys out of the pram, there was a grown-up solution there in the Northern Ireland protocol itself: the dispute resolution mechanisms agreed by the Prime Minister, to which the Minister has referred at length and which have been utilised already on other issues. However, in recognising those, the Minister failed to explain to the House satisfactorily why the Government have chosen not to exercise that route and have instead put this proposed legislation before the House. Article 16 provides for either the EU or the UK to take unilateral safeguard measures:

“If the application of this Protocol leads to serious economic, societal or environmental difficulties”,

and annex 7, to which I think he alluded, sets out the process to which matters can be resolved through the Joint Committee set up to oversee the implementation of the withdrawal agreement.

Do not take my word for it. The former Attorney General, the right hon. and learned Member for Torridge and West Devon (Mr Cox), who I seem to recall was once celebrated in the Conservative party, made the case in The Times last week when he said:

“There are clear and lawful responses available to Her Majesty’s Government”,

which

“include triggering the agreed independent arbitration procedure set out in the withdrawal agreement and, in extremis, these might legitimately extend to taking temporary and proportionate measures, where they are urgently necessary to protect the fundamental interests of the UK”.

That was his conclusion. And the Prime Minister could not answer my right hon. Friend the Member for Leeds Central (Hilary Benn) at the Liaison Committee last week when he asked the simple question why he had not been prepared to use those measures, which he negotiated, to resolve any disagreements, rather than engage in lawbreaking.

So let me ask the Minister a simple question, which I hope he will come back to at the end of this very long debate, on the question of state aid. The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office, the right hon. Member for Surrey Heath (Michael Gove), said it was a matter for the Joint Committee. Will the Minister be able to confirm in his winding up whether the Government have actually raised their concerns there for resolution?

Our amendments seek to put the Bill right. They reassert our commitment to the rule of law by removing the notwithstanding clauses, which have been the subject of so much attention, but also the other references to disapplying the protocol and disregarding the law.

[Sir William Cash]

Will the hon. Gentleman give way?

[Paul Blomfield]

No. I have taken one intervention from the hon. Gentleman and, with respect for those wishing to speak, I will follow the injunction of the Chair and make progress.

The Government are sending a worrying message, too, about their attitude to accountability in Government amendments 64 and 65, limiting opportunities for judicial review. Our amendments 58 and 59 would put that right, protecting those rights for the scrutiny and challenge of Ministers. If the Government are, as they say, acting reasonably, they should not be afraid of scrutiny or of challenge. Overall, our amendments 52 to 60 would enable the Bill to achieve its aims, but to stick to the rule of law, the Human Rights Act 1998 and our international obligations. We hope that the Government will accept them, but if they do not, we will vote against clauses 42 to 45 standing part of the Bill.

Many Members on the Government Benches talk about their ambition for global Britain. We share the desire for strong trading partnerships after we leave the transition, but that will be undermined by flouting international law, and the Government know that. The Foreign Secretary was dispatched to Washington last week to calm fears. This visit seemed to make things worse. As he left the United States, the man that the polls indicate will be the country’s next President said:

“We can’t allow the Good Friday Agreement that brought peace to Northern Ireland to become a casualty of Brexit. Any trade deal between the US and UK must be contingent upon respect for the Agreement and preventing the return of a hard border. Period.”

He was adding to the views expressed on both sides of the aisle in Congress that there will be no US trade deal if this Bill proceeds unamended. We should remember that the UK and the US are co-guarantors of the Good Friday agreement. It is a responsibility that the future President of the United States seems to be taking more seriously than the Government.

This debate is about our place in the world. It is about our values. It is about the sort of country that we want to be. If we cannot comply with our treaty obligations, how can we ever demand that others do so? We are giving a green light to oppressive Governments, from China to Belarus, who flout the rule of law. This Bill has deeply damaged trust in our country and our place on the global stage. In our votes tonight and tomorrow, we have an opportunity to rebuild our reputation to make it clear that we are a country that can keep its word, a country that can make agreements and stick to them, and a country that believes in the rule of law. Let us not fail in that responsibility.

European Union (Withdrawal Agreement) Bill

Debate between William Cash and Paul Blomfield

3rd reading & 3rd reading: House of Commons
Thursday 9th January 2020 Commons Chamber

[Sir William Cash (Stone) (Con)]

Will the hon. Gentleman give way?

[Paul Blomfield]

It would not be the same debate if I did not. I am happy to do so.

[Sir William Cash]

I refer to what has just been said from the Scottish nationalist Benches because in fact this is about the United Kingdom, which made the treaty in the first place and abdicated its responsibility and its sovereignty, but is now reasserting its status within the United Kingdom. It is about parliamentary sovereignty, and it is also about democracy because that decision was taken by the British people in the full knowledge of the voters of the United Kingdom, not any one part of it.

[Paul Blomfield]

I take the hon. Gentleman’s point. We had a whole debate around sovereignty in which my hon. Friend the Member for Bristol West (Thangam Debbonaire) made some very astute observations, but the hon. Gentleman needs to recognise my underlying point: the decision of the general election is not a mandate to bulldoze through a particular version of Brexit at any cost on all the peoples of the United Kingdom, and the next few months must be approached with sensitivity and caution if we are to stay together as a United Kingdom.

European Union (Withdrawal Agreement) Bill

Debate between William Cash and Paul Blomfield

Committee stage & Committee: 1st sitting: House of Commons & Committee: 1st sitting
Tuesday 7th January 2020 Commons Chamber

[Paul Blomfield]

I had hoped for a better initial intervention. We are very clear that we accept that the general election has changed the landscape. The shadow Secretary of State for Exiting the European Union has made that position clear, other colleagues have made that position clear, and I will do so in my remarks. Government Members should recognise that, although under our electoral system the arithmetic in this place is very clear, the majority of the British people voted for parties that were not of the mind of the Conservative manifesto and wanted to give the British public a further say. I say that not to deny the reality of the voting in this place, but to urge Government Members to have some caution about the way that they approach this issue and claim authority from the British people.

[Sir William Cash]

Will the hon. Gentleman give way?

[Paul Blomfield]

I will of course give way. It is always a pleasure.

[Sir William Cash]

I am most grateful to the hon. Gentleman. I just wanted to clarify one thing. Labour Front Benchers and the whole Labour party—with few exceptions, if any—voted against the repeal of the European Communities Act 1972. First, does he confirm that that was the case—I do not think that he can deny it? Secondly, does that not make it clear that, back in 2018 when that Act received Royal Assent, they were refusing to accept the will of the British people and were against repealing the 1972 Act?

[Paul Blomfield]

I am always happy to confirm what is on the public record, but I would say that the Opposition were clear; we campaigned to remain in the European Union because we believed that it was the right thing for our country and for the continent that we share with the other members of the EU, but we accepted the outcome of the referendum and voted to trigger article 50. We believe that there would have been the possibility both of winning an overwhelming majority in this House and of uniting the British people around a departure from the European Union that reflected the 52:48 vote of a divided country in 2016—a decision that would have taken us out of the European Union while remaining close to it, aligned with the single market, in a customs union, and continuing to be part of the agencies and partnerships that we have built together over 46 years. That sort of deal was available and it was Government Members who denied it.

We voted against the Bill on Second Reading because we believe that the withdrawal agreement is a bad deal for the UK, just as we voted against previous withdrawal agreements. When Government Members point fingers, it is worth remembering that we were not alone in that. Albeit for very different reasons, many Government Members, including the Prime Minister, voted more than once against getting Brexit done—on the terms of the previous Prime Minister’s deal and for his own reasons.

Future Relationship Between the UK and the EU

Debate between William Cash and Paul Blomfield

Wednesday 18th July 2018 Commons Chamber

[Paul Blomfield]

I will not, because I have answered the hon. Gentleman’s points and we cannot get into a detailed exchange.

The result of the Prime Minister’s approach has been paralysis, not simply on Brexit but on the other crises facing our country. The Government have neither the authority to deal with Brexit nor the ability to tackle the issues that led to it. There has been a dawning realisation from the Prime Minister that those early red lines were a mistake, but each time she tries to step over them, she has been hauled back by the extremists within her party.

At Chequers, it did seem that the Prime Minister was beginning to face up to the hard facts—to break free from the icy grip of the European Research Group. Not far enough, not soon enough, but tentative steps towards reality, towards a customs settlement and a regulatory alignment demanded by business—a point made by my hon. Friend the Member for Birmingham, Northfield (Richard Burden)—and also necessary to resolve the issue of the Northern Ireland border.

Of course, the former Brexit Secretary was right when he endorsed Donald Trump's view that the plan would “kill” the prospect of a US-UK deal; and of course, it was just a starting point, not the end point of negotiations. It would inevitably involve further movement by the Government. Knowing that, the ERG tore it to shreds, and Monday night’s debacle was the last nail in the coffin. Rather than defeat the amendments—as they could have, overwhelmingly—the Government rolled over and accepted wrecking amendments that left their White Paper dead in the water. The Minister shakes his head, but if there was any doubt about its death, the hon. Member for Wycombe (Mr Baker) laid it to rest today in what was, frankly, a chilling contribution.

While the Prime Minister turns on those in her own party who would welcome the Chequers plan, threatening them, she embraces those who would destroy her, and she continues to bring them into the Government. Having resigned, the hon. Member for Wycombe was succeeded as a Brexit Minister by his predecessor as chair of the ERG, the hon. Member for Daventry (Chris Heaton-Harris) —who, of course, joins another former chair, the hon. Member for Fareham (Suella Braverman). It is beginning to look as if there is a secondment scheme going on between the ERG and the Brexit ministerial team.

[Sir William Cash]

Will the hon. Gentleman give way?

[Paul Blomfield]

No, I will not; I have not the time. I would love to, but I have not the time.

As I say, it is beginning to look as if there is a secondment scheme. So we may yet see the hon. Member for North East Somerset (Mr Rees-Mogg) make his way down to the Front Bench—or perhaps he thinks he has more power where he is.

Sixteen months into the negotiations, the White Paper says that the Government will now

“charge the UK’s negotiating team to engage with the EU’s at pace”.

The time for “pace” was long ago, but better late than never. It is 16 months since the House set the clock ticking, and in three months we need to resolve the deal. Whatever the polls say now, the public will not thank politicians who deliver a damaging Brexit based on false promises.

Without the threats and bullying that Members faced last night, there was a majority across the House in favour of a sensible approach—one that respects the referendum result, one that protects our constituents’ jobs and livelihoods. If the Government are not willing or are not able to deliver that sensible result, in the months ahead it will be the duty of this House to step in.

European Affairs

Debate between William Cash and Paul Blomfield

Thursday 15th March 2018 Commons Chamber

[Paul Blomfield]

We could draw some interesting conclusions from the Conservative manifesto at the last election, but we all need to face facts and perhaps the Government need to change views in the cold light of those facts. I always find it interesting to take interventions from the right hon. Gentleman. I do not know whether he is still advising—

[Sir William Cash (Stone) (Con)]

rose—

European Union (Withdrawal) Bill

Debate between William Cash and Paul Blomfield

Committee: 3rd sitting: House of Commons
Tuesday 21st November 2017 Commons Chamber

[Paul Blomfield (Sheffield Central) (Lab)]

It is a genuine pleasure to follow the right hon. and learned Member for Beaconsfield (Mr Grieve), who made his case extremely well and very convincingly—it is supported by many hon. Members on both sides of Committee.

I rise to speak to amendment 46, which is designed to ensure that we keep the charter of fundamental rights in EU retained law; amendment 335, which would maintain the principles of the Francovich ruling after exit day for pre-Brexit cases; amendments 285, 286 and 287, which make provision for existing arrangements to continue during a transitional period; and, finally, amendment 336, which makes provision for retaining existing principles of EU law within domestic law until the end of the transitional arrangements.

[Sir William Cash]

Will the hon. Gentleman give way?

[Paul Blomfield]

I think I could probably get a few more sentences into my stride before taking an intervention, but I certainly anticipate that I will take interventions from the hon. Gentleman.

The debate raises fundamental principles about the transposition of EU law and the important role of this House in holding the Government to account for their commitments. Last week, the focus of the debate was on the Government’s attempt to unravel the Prime Minister’s pledges on the transitional arrangements in her Florence speech, by the imposition of a defined exit day for all purposes. The Minister, the hon. Member for Esher and Walton (Dominic Raab), made a good attempt to defend the indefensible and not commit to the application of the jurisdiction of the Court of Justice of the European Union throughout the transitional period; that was not the Government’s line at the time. It would have been helpful if No. 10 had said a week ago what it said this morning, namely that the Court of Justice will have jurisdiction throughout the transitional period. If that had happened, the Minister would not have been left in such a mess.

--- Later in debate ---

[Sir William Cash]

Is the hon. Gentleman about to move on to explain why Tony Blair and Lord Goldsmith fought so hard to obtain protocol 36—I think it was that one—in the Lisbon treaty, which the Conservative party opposed? At the same time as advancing the charter of fundamental rights, will he explain why we cannot pass such legislation as we wish to in this place?

[Paul Blomfield]

I was not about to go on to that, but clearly I am now. The hon. Gentleman knows that the charter was not binding when it was first adopted in 2000. It was made legally binding by the Lisbon treaty of 2007, which entered into force in 2009. It has, as the right hon. and learned Member for Beaconsfield pointed out, increased in significance, and the rights that it contains have become more visible and correspondingly more effective. Labour supported the charter then, and we support it now, because it has enhanced and improved European human rights protection, and by doing so it has significantly developed the quality of human rights protection in the UK. The wider point that the hon. Member for Stone (Sir William Cash) makes is not relevant to the issue under discussion.

--- Later in debate ---

[Paul Blomfield]

We are talking about statute law, and about rights such as the one on which the right hon. Gentleman’s friend and colleague, the Secretary of State for Exiting the European Union, relied. I think that that point is clear.

Returning to the comparison of the charter with the Human Rights Act, as well as the wider class of applicants for which it provides, it allows for stronger remedies. If any national court finds that any national law is incompatible with a directly effective provision of the charter, it must disapply contravening primary legislation or quash secondary legislation. We have exercised some of the arguments around that issue, but that is much stronger than a notification of incompatibility. We should be in no doubt that losing the charter means losing rights.

[Sir William Cash]

Has the hon. Gentleman considered the impact in relation to alleged and actual terrorists on the question of national security and case law? Many people who would like those individuals to be deported would find that extremely difficult under the principles of the charter because of the provisions relating to the protection of family life, which have been badly abused.

[Paul Blomfield]

In his keenness to tackle the argument, I think that the hon. Gentleman has missed the point. That has nothing to do with the charter.

Let me turn to a separate but related point on schedule 1, which states:

“There is no right of action in domestic law”

post exit

“based on a failure to comply”

with EU general principles. The schedule also prevents courts from ruling that a particular Act was “unlawful” or from quashing any action on the basis that it was not compatible with the general principles. Damages are not allowed, so general principles are rendered irrelevant, which also reduces rights. Our amendment 336 seeks to address that by retaining the existing principles of EU law regardless of whether they originated in case law, treaties, EU legislation or directives. The date on which that retention would end would be the end of a transitional period.

Let me turn to our amendment 335 to schedule 1 on the Francovich rule. I shall be brief because others have tabled similar amendments, which we support, and I want to give them a full opportunity to make their case without my anticipating what they are going to say.

European Union (Withdrawal) Bill

Debate between William Cash and Paul Blomfield

Committee: 1st sitting: House of Commons
Tuesday 14th November 2017 Commons Chamber

[Paul Blomfield]

I am surprised that such an ardent Brexiteer as the right hon. Gentleman does not understand what leaving the European Union involves. We do.

Until last Thursday, the debate on clause 1 looked fairly straightforward. The article 50 notification made our exit from the European Union in March 2019 a legal certainty, so, for the purposes of the Bill, exit day could be left in the hands of Parliament. But then the Government did something needless: they tabled amendments 381 and 382, putting a specified exit date—and, indeed, a specified exit time: 11 pm, or midnight Brussels time—into the Bill. Their consequential amendment 383 seems to contradict the other amendments in some regards, which underlines the chaotic way in which the Government have approached the Bill, but taken together, the intention of the three amendments is clear.

[Sir William Cash]

The rather mysterious explanation that the hon. Gentleman gave to my right hon. Friend the Member for North Shropshire (Mr Paterson) needs some elucidation. Would he be good enough to explain whether leaving the European Union means repealing the European Communities Act 1972, and why Labour voted against the Bill on Second Reading?

[Paul Blomfield]

I would have thought that it would be as clear to the hon. Gentleman as it is to me that leaving the European Union does involve revoking the European Communities Act. I will go on to explain why we have concerns about the Government’s amendments and the different decisions within them.

Euratom Membership

Debate between William Cash and Paul Blomfield

Wednesday 12th July 2017 Westminster Hall

[Paul Blomfield]

The right hon. Gentleman makes a very good point. I hope the Department will respond by publishing that advice.

[Sir William Cash]

This is not just a question of legal opinion; it is actually stated in the treaty itself. Article 106a of the Euratom treaty, as amended by the Lisbon treaty, unequivocally says that article 50 of the treaty on European Union—the article that sets out the procedure for EU withdrawal—

“shall apply to this Treaty.”

It is there in black and white. It is not a matter of legal opinion—it is just there.

[Paul Blomfield]

I thank the hon. Gentleman for his intervention. On the issue of cross-party consensus, I have to say that I was interested in his earlier contribution about looking for some sort of associate membership of Euratom, which might well involve the jurisdiction of the ECJ. We are making some progress, aren’t we?

Let me come to those in the Government who have contradicted the comments by the right hon. Member for Clwyd West in February. Comments by James Chapman, the former chief of staff to the Brexit Secretary, contradict that statement, and his comments were confirmed by the former Chancellor. They suggest that the nuclear industry, jobs and cancer treatments are being put at risk by the Prime Minister’s reckless and irresponsible decision to make the future of the ECJ a red line in all matters to do with Brexit.

Counter-terrorism

Debate between William Cash and Paul Blomfield

Tuesday 24th March 2015 Commons Chamber

[Paul Blomfield (Sheffield Central) (Lab)]

I am tempted to respond to some of the points made by the hon. Member for Stone (Sir William Cash), but, in the interests of time, I will not.

In his opening remarks, the Minister underlined the widespread recognition, on both sides of the House, of the need to combat the threat of terrorism. That recognition, I am sure, exists well beyond the House, among people of all faiths and none, and nowhere more so than in my constituency where I have a strong Muslim community. It is a tragedy for communities, for families and for the young people themselves who get sucked into the tyranny of the so-called Islamic State. Certainly those in my local Muslim community are quick to point out that that is an abuse of words, because Islamic State is neither Islamic nor a state.

We need to be clear and to take care in our response to the threat of terrorism that we do not exacerbate the problem by reacting in a way that further alienates some sections of our communities. The risk of that has been made clear to me during my recent visits to mosques in my constituency by the very people who feel passionately that we need to resist the threat of terrorism. We also need to be careful not to respond in a way that puts undeliverable responsibilities on our institutions, and it is to that point that I will speak briefly, raising concerns about the guidance regarding higher education that apply equally to the section on further education.

Universities, like all public organisations, have clear responsibilities under the Human Rights Act to ensure freedom of expression, but universities have unique additional responsibilities. I am pleased that the Minister acknowledged that in his opening speech, when he spoke about the need to balance the struggle against terrorism and the implementation of the guidance with the responsibility to maintain academic freedom and the opportunity for debate in our institutions of higher education. I am pleased also that, in response to my hon. Friend the Member for Kingston upon Hull North (Diana Johnson), he made it clear that the guidance would not take effect until the guidance on speakers is approved, not simply published as he said in his opening remarks—clearly, it was a slip of the tongue. It is reassuring that approval of the further guidance is needed before the rest takes effect.

The Minister will know, because I have mentioned it before, that 29 years ago, in my previous career in the universities sector, I drafted a code of practice on freedom of speech for the university of Sheffield. That was required in every university across the country under the Education (No. 2) Act 1986, introduced by the then Conservative Government, with the aim of ensuring that universities maintained that commitment to freedom of speech. The hon. Gentleman will know that the Act imposes on universities a duty to ensure that use of their premises

“is not denied to any individual or body of persons on any ground connected with…the beliefs or views of that individual”.

We considered that when we debated the Counter-Terrorism and Security Bill, now the 2015 Act, but I think it remains unclear—I hope the consultation will produce some clarity—how the requirements of the 1986 Act sit alongside the responsibilities in paragraph 105 of the guidance.

[Sir William Cash]

Is the hon. Gentleman asserting that there is an absolute right to freedom of speech in all circumstances? Does he place any limitation on it?

[Paul Blomfield]

No, I am not asserting that. The right of freedom of speech is conditional in a number of ways. We have put in place legislation against incitement to racial hatred, for example. It is a question of how to get the balance right.

My point is that we need to avoid conflicting legislation, and there is a potential conflict between the guidance and the 1986 Act. For example, what position would a university be in if an action were brought by a third party to challenge a decision made under the provisions of this guidance on the basis of the university’s responsibility under the 1986 Act? Unless there is absolute clarity when the final guidance is published, universities may find themselves in a time-wasting and expensive legal quagmire, which apart from anything else sits uncomfortably with the Government’s views on unnecessary red tape.

My second concern relates to the general duty placed on universities to act against what is described as non-violent extremism, and it echoes a point made by my hon. Friend the shadow Minister. Non-violent extremism is defined in the guidance as:

“opposition to fundamental British values, including democracy, the rule of law, individual liberty and mutual respect and tolerance”.

It is absolutely right to describe those values as fundamental to our society, but they are meaningful only if they allow space for those who do not share them. Clearly, as I said a moment ago in response to an intervention from the hon. Member for Stone (Sir William Cash), society does impose limits—for example, on incitement to racial hatred—but such limits have created crimes defined by this Parliament. The difficulty here is that we are giving our universities a responsibility to ban activities which are not themselves illegal, where the act of banning them may be seen by some to be in conflict with the very values that we are trying to protect.

We treasure our universities as the institutions that need to be able to debate our fundamental values. It was for that reason that the then Conservative Government included provisions on freedom of speech in the 1986 Act. We need to take great care when we legislate on these issues, and I fear that the guidance as it stands leaves too many unanswered questions.