European Union (Notification of Withdrawal) Bill

Debate between William Cash and Hilary Benn

Committee: 1st sitting: House of Commons
Monday 6th February 2017 Commons Chamber

[Sir William Cash]

The main point I was making, and I stand by it, is that new clause 3 imposes a legal obligation, enforceable by judicial review, on the Prime Minister effectively—and not just effectively, but actually and legally—to break the confidentiality imposed by, for example, limité documents. As I have said, I do not always subscribe to such degrees of confidentiality, but that is a personal view. The fact is that there is confidentiality, and it is a legal obligation.

[Hilary Benn]

I would say to the hon. Gentleman, who has great experience in these matters, that we know the Commission, in respect of trade negotiations, made arrangements with the European Parliament for certain documents to be made available, including in rooms where people could go and read them but could not take them away. The new clause is asking the Government to find a way of making this work in a way that is consistent, as of course it has to be, with any legal obligations, but confidentiality does not seem to me to be a very strong argument.

The argument that the new clause would make it all justiciable does not seem very strong either. Frankly, on that basis we might as well all go home tonight and never come back because Parliament legislates, and when Parliament legislates people can go to the courts and seek to suggest that the way in which the legislation is being implemented is not correct. That is not an argument against new clause 3, but against Parliament doing its job.

Having listened to speeches made by Conservative Members, I would gently say to the Minister of State, who is a reasonable man, that I hope he will not get up and repeat the arguments we have heard on new clause 3. Frankly, it is really simple and sensible stuff to help Parliament to do its job. On the frequency of reporting, as the Minister will know, when my hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) suggested every two months, the Secretary of State got up and said that that might be a rather modest objective. If it is a modest objective, I really do not see how the Government can oppose it.

European Affairs

Debate between William Cash and Hilary Benn

Thursday 25th February 2016 Commons Chamber

[Hilary Benn]

I agree completely with my hon. Friend. I have just tried to demonstrate to the House the benefit that working with our European allies in trying to be a force for good in the world has brought. I was just in the process of saying that Syria is a terrible example of the world’s collective failure. Like the Foreign Secretary, in his comments at Foreign and Commonwealth Office questions on Tuesday, we hope very much that the ceasefire will be implemented and upheld. However, that really depends on Russia, hence the point that I was making earlier.

What every single one of these examples teaches us is that we need stronger, not weaker, international co-operation. At this moment in this century, it would be extraordinary folly for our country to turn its back on this vital international alliance if we wished to help shape world events. That is why Jens Stoltenberg, the Secretary-General of NATO, said:

“Britain is a global player and a strong EU will also make sure that NATO has a strong partner in the European Union when we are facing the same security threats”.

[Sir William Cash]

Will the right hon. Gentleman give way?

[Hilary Benn]

I will give way one more time, but then make progress because other Members want to speak.

[Sir William Cash]

On the broader foreign policy question in relation to Russia and all that, would the shadow Foreign Secretary like to comment on whether he thinks the Budapest agreement in the 1990s was a good idea?

[Hilary Benn]

To be perfectly honest, I am less interested in what happened in the 1990s. I am more interested in what is going to happen in 2016, which is the big decision that the British people will have to take. I argue that our national security is served by our membership of both the EU and NATO. Co-operation across Europe is essential if we are to deal with terrorist threats. The European arrest warrant is a really good example of that. The case of the failed 21 July 2005 bomber who was returned here from Rome, where he had sought to escape British justice, demonstrates the benefit of working with our allies. That is why the director of Europol, Rob Wainwright, warned recently that British exit would

“make Britain’s job harder to fight crime and terrorism because it will not have the same access to very well developed European cooperation mechanisms that it currently has today”.