European Union (Withdrawal) Bill

Debate between William Cash and Philip Davies

Ping Pong: House of Commons
Wednesday 20th June 2018 Commons Chamber

[Philip Davies]

I am not going to give way, because time is limited. Since then, some people who did not like the result of that referendum and perhaps did not even expect it have had a new-found enthusiasm for the rights of this Parliament to decide all sorts of things. They were quite happy for all of these powers to be given over to the EU willy-nilly, but they now have this new-found enthusiasm that this House should decide everything.

[Sir William Cash (Stone) (Con)]

rose—

[Philip Davies]

I am not going to give way. As I was saying, if only that had been the case before. I excuse from this my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), because he did not vote to have a referendum and so there is absolutely no reason why he should feel in any way bound by its result. I perfectly respect that; his position has been entirely consistent. What I have no time for—

European Union Referendum Bill

Debate between William Cash and Philip Davies

Monday 7th September 2015 Commons Chamber

[Philip Davies]

My hon. Friend rather glossed over the Wilson report, but it is important for us to remind people what Lord Wilson said. He said:

“While we have found no evidence of deliberate bias in BBC coverage of EU matters, we have found that there is a widespread perception that it suffers from certain forms of cultural and unintentional bias…The problem is complex. In essence it seems to be the result of a combination of factors including an institutional mindset”

and a lack of knowledge about the European Union. He also said:

“The BBC needs to take more care in the selection of interviewees.”

Does my hon. Friend agree that all the problems that Lord Wilson identified about the BBC coverage, whose existence the BBC itself accepted, are still there today?

[Sir William Cash]

There is a case, which my right hon. Friend the Member for Wokingham (John Redwood) touched on earlier, relating to the business news. In its report, our Committee referred to the business section which comes on at about six o’clock in the morning, and to what I hope will not continue to be a stream of people putting forward the pro-EU case. Given that the charter itself is under review and a consultation period is in operation, we look to the Secretary of State to ensure that the opportunity is taken to address this question as part of the review, and that includes addressing the question of public purposes.

The basis on which a chartered body operates is by reference to the objects of the charter, and those public purposes do not specifically include the impartial delivery of commentaries and news. The question of the charter is linked to the guidelines, and the guidelines are rather like a statutory instrument: they must have regard to what the charter says. On the other hand, the charter itself should specifically ensure that in its wording impartiality is an absolute.

--- Later in debate ---

[Philip Davies]

Does my hon. Friend agree that the BBC Trust is not good enough to regulate and monitor the BBC’s coverage, because not only does it regulate the BBC, but it is a cheerleader for it as well? That means that it is not in the best position to be an independent monitor of the BBC’s output, and the BBC Trust chairman’s rather snooty view of politicians having any say in what goes on is undermined by the fact that she herself is appointed by the Secretary of State for Culture, Media and Sport.

[Sir William Cash]

From what I have observed from press reports and elsewhere, she appears to have accepted that the BBC Trust is in need of significant reform. The general thrust is that the BBC Trust is bust. Basically, there will have to be a new system, and that is what the correspondence to which I have referred indicates.

Former BBC commentator and employee Robin Aitken’s book, “Can We Trust the BBC?”, covers many matters related to the European Union. I also recommend Peter Shore’s book, “Separate Ways”, the introduction of which contains some extremely pertinent views of the BBC as being deeply biased on EU matters, going back to meetings in the Connaught, alleged connections with the CIA and other similar issues.

News-watch has demonstrated the truth that

“in crucial respects, the BBC has not provided the Committee clear evidence that its EU-related output is properly balanced, informative and wide-ranging across all its platforms—or that the Corporation has raised its game in the ways urged by the Wilson report.”

I have given many of the reasons for that, and more will have to come out in our next inquiry.

Health and Social Care (Safety and Quality) Bill

Debate between William Cash and Philip Davies

Friday 9th January 2015 Commons Chamber

[Philip Davies]

My hon. Friend makes a good point. That enhances the complication that could arise as an unintended consequence. I agree wholeheartedly with the sentiment of the new clause and the intention behind it, but I wonder whether its wording may lead to unintended consequences in relation to languages other than English that were not foreseen when it was tabled.

[Sir William Cash]

As my hon. Friend will appreciate, the new clause says:

“The Secretary of State shall by order make regulations enabling the General Medical Council to ensure that all doctors…have appropriate language skills to communicate effectively”.

I am not prejudging this—I will be interested to hear what the Minister says, if he can take advice on the matter, and of course there is the House of Lords to come—but it may well be that the regulations can identify how my hon. Friend’s points, which I completely understand, can be addressed.

[Philip Davies]

I am grateful to my hon. Friend. He may be right that the points I make can be overcome in one way or another, whether through his existing wording, which may well work, or perhaps a slightly amended version in another place. I just wanted to flag up this issue because I would not want any unintended consequences to come about as a result of the new clause. The whole point is that the onus should be on everybody to be able to speak English, and I would not want anything to allow for a loophole that prevented that from happening.

I wholeheartedly support the sentiment underlying the new clause. Integration is essential in this country and speaking the language is one of the key forms of integration. I do not see how it is possible to integrate into society if one is not competent in speaking English. I support the idea that people who come to this country should be able to speak English, whether they are patients or doctors—the requirement should apply to both equally. I shall be interested to hear the Minister’s view.

Antarctic Bill

Debate between William Cash and Philip Davies

Friday 2nd November 2012 Commons Chamber

[Philip Davies]

I think we are all grateful for that clarification. My hon. Friend may be disappointed that the EU is not involved in some way, however, as I know his views on Europe are somewhat different from mine. It is a great pleasure to me and my hon. Friend the Member for North East Somerset that the EU has not got its grubby little hands all over this Bill.

Before discussing the details of the Bill, it is important to look at where we are now and how we got there. The Antarctic treaty was ratified on 1 December 1959 in Washington DC and came into force on 23 June 1961. It established international co-operation to protect and preserve Antarctica. The UK enacted its obligations through the Antarctic Treaty Act 1967. There were 12 original signatories of the 1959 treaty, including the Governments of the UK, Australia, Belgium, France, Japan, New Zealand, Norway, South Africa, the Soviet Union—as it was then—and the USA. As the hon. Member for Islington North (Jeremy Corbyn) made clear, the other signatories were Argentina and Chile.

[Mr Cash]

My hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) has just reminded me that last week in the European Scrutiny Committee we had a document before us that confers observer status on the European Union—no doubt to complement the Soviet Union, which my hon. Friend the Member for Shipley (Philip Davies) has just referred to as being a party to these international bodies. It is extraordinary, and I hope we can find out exactly why it is, that the EU should be given that status. We are primarily dealing here with the British Antarctic, but perhaps as the Bill goes through Committee we will find out.

[Philip Davies]

I am grateful to my hon. Friend for that; he is as vigilant as ever on these matters. I understand why the mention of the Soviet Union drew his immediate thoughts to the European Union, as there is very little to choose between the two.

Parliamentary Voting System and Constituencies Bill

Debate between William Cash and Philip Davies

Monday 18th October 2010 Commons Chamber

[Mr Cash]

I greatly admire my hon. Friend’s perspicacity. He puts his finger on an important point—the context in which these events take place. This is about whether or not, in relation to a matter of such importance as the issue of alternative vote, we end up with a decision which could be on a knife-edge and which is decided merely on the basis of what an officer thinks.

I do not know about hon. Gentlemen in the Committee at large, but sometimes I do not have that much faith in bureaucratic thinking; in fact, I have a strong aversion to it. But if the measure were to say, “In the opinion of the officer,” we would at least know that we were on what I would describe as generally understood judicial ground. The measure does not provide for that, however; it provides for the question of what is in his mind, not his opinion, and there is a very big and important distinction to be drawn between those two things. My hon. Friend is entirely right in believing that there ought to be a context and some criteria.

Furthermore, the measure includes the wording,

“if the officer thinks”—

whatever that means—

“that there is reason to doubt the accuracy of the counting of the votes in the counting officer’s voting area”.

What is or is not reasonable is, again, a question that the courts are well used to determining. There is a whole stream of case law, which I am quite capable of spending some time describing, on the question of what is or is not reasonable, and for that matter what is or is not practicable. I am afraid to say, however, that when the Bill simply states,

“only if the officer thinks that there is reason to doubt”,

it applies yet another spurious objective test, which is actually highly subjective, and that is not the way to legislate.

We want clarity and impartiality, and to be sure that, if there is a knife-edge vote, there will not be some unfortunate mistake in the mind of the officer—and I shall make no mistake whatever about what I say this evening.

[Philip Davies (Shipley) (Con)]

My hon. Friend is making a very compelling case, as usual. Does he not agree that this is an open and shut case? Owing to the way in which the measure is worded, if the chief counting officer, or the regional counting officer, thinks that there is a reason to doubt the accuracy of the count, he “may” give a direction for a recount. Surely, if a returning officer has reason to believe that the count is not accurate, it is an open and shut case. Surely, it is the duty of the returning officer that they must order a recount in those circumstances.

[Mr Cash]

Absolutely. My hon. Friend, with again the greatest perspicacity and accuracy, has put his finger on the complete absurdity of the Government’s chosen language. Let us be quite serious for a moment—I am trying to be serious the whole time—because the fact is that in legislation of this importance, and in the circumstances of a knife-edge vote, we are allowing a situation in which, if the counting officer “thinks” that there is a reason, he only sort of has to think about whether or not he might or he might not decide to order a recount. However, as my hon. Friend says, it is absolutely crystal clear in the circumstances to which he refers that it is not possible for the officer to give a direction other than on a mandatory basis, which is what “must” actually means.

[Philip Davies]

I obviously agree, but does my hon. Friend agree that his proposal would actually benefit counting officers and returning officers? In a situation where people have been up late at night, they are tired and it is not clear whether people want to have a recount, making the position abundantly clear in the legislation would be of great help to a returning officer, who would then not be under any pressure not to undertake a recount.

[Mr Cash]

Given the seriousness of the situation that we face this evening, for example, it would be intolerable to keep people up late for no useful purpose. That is precisely why I am making these very useful comments—to ensure that what happens is in line with the proper principles of administrative law.

On the next provision, which is amendment 154, there are a number of other extremely important matters that are of grave concern. That is so important that hon. Members have devised a special provision—not merely an amendment of the kind that I have described but the very well-thought-out separate paragraph (4A), which says:

“If the difference between the total number of votes cast in the referendum in the country in favour of the answer “Yes” and the total number of votes cast in the referendum in the country in favour of the answer “No”—

this is crucially important—

“is fewer than 10,000”—