Early Parliamentary General Election Bill

Debate between William Cash and Steve Baker

3rd reading: House of Commons & Committee: 1st sitting: House of Commons
Tuesday 29th October 2019 Commons Chamber

[Sir William Cash]

Ha, ha—well, I must say I find that very amusing, and I am grateful to my hon. Friend for saying it.

The name that this Parliament has now acquired and deserves—the Purgatory Parliament—is, I believe, appropriate and right in the circumstances. I would say this to the Committee, as I did some weeks ago on another occasion: in the name of God, go. I believe that this is the moment for this Parliament to depart, in the words of Oliver Cromwell all those years ago. The Speaker has quite frequently referred to 17th-century precedents, so I say again to this Parliament: in the name of God, go. Let us get on with a general election and let us get Brexit done.

[Mr Baker]

Amendment 14 has the effect of aligning the registration deadline for Scotland with the registration deadline in the rest of the United Kingdom, by removing the need for the St Andrew’s day bank holiday in Scotland to be taken into account. I congratulate the Minister on his wisdom in bringing forward that sensible amendment, but I wonder whether he could confirm that Scotland is being treated fairly with this amendment. On the Conservative Benches, we are most concerned to ensure the fair treatment of Scotland. We are very proud that Scotland is in the United Kingdom, and we are determined to ensure the fair treatment of people throughout the great country of Scotland.

European Union (Withdrawal) Bill

Debate between William Cash and Steve Baker

3rd reading: House of Commons & Report stage: Second Day: House of Commons
Wednesday 17th January 2018 Commons Chamber

[Sir William Cash]

I am indeed. I am grateful to my right hon. Friend, who also serves on the European Scrutiny Committee. The provisions I refer to would be express provisions. Therefore, the question of principle is fundamental and will also, no doubt, be taken up in the House of Lords. Furthermore, former Law Lords and members of the Supreme Court have expressed their concerns.

The European Scrutiny Committee’s unanimous view when we met this morning was that Parliament as a whole needs a solution that confirms the principle of parliamentary sovereignty along the lines of declarations of incompatibility under the Human Rights Act 1998, as I indicated in my correspondence with the Prime Minister, whose letter I received on 9 January. To take this forward, may I ask my hon. Friend the Minister to intervene to give me and the House an assurance that when the Bill is in the House of Lords, the Government will constructively engage with the European Scrutiny Committee, with any other Committees of both Houses and with the advice of the Attorney General and the Lord Chancellor to explore and find a proper solution to the constitutional issues I have raised in the national interest?

[Mr Baker]

I am grateful to my hon. Friend for the case that he has made. The Government are well apprised of the issue that he has brought to the House. It is absolutely right that we respect and uphold parliamentary sovereignty—

[Mr Speaker]

Order. Before the hon. Gentleman continues, I had—I will not say revelled in the expectation, but had been taking quiet satisfaction in the expectation, that the hon. Member for Stone (Sir William Cash) had in fact completed his speech.

European Union (Withdrawal) Bill

Debate between William Cash and Steve Baker

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

[The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Steve Baker)]

I am extremely grateful to you, Mr Hoyle. I very much hope that my voice makes it through these remarks.

I rise to support clause 1 stand part and to speak to Government amendments 381, 382 and 383. It may help the House and members of the public if I say that the decisions on those amendments will be taken on days seven and eight.

Clause 1 reads:

“The European Communities Act 1972 is repealed on exit day.”

It is a simple clause, but it could scarcely be more significant. In repealing the European Communities Act 1972, the clause will be a historic step in delivering our exit from the European Union, in accordance with last year’s referendum. I hope that all people on all sides of this issue can agree that the repeal of the Act is a necessary step as we leave the European Union.

[Sir William Cash]

Does my hon. Friend recall that the official Opposition voted against the Bill on Second Reading and therefore the repeal of the 1972 Act? They still claim that this Bill is not fit for purpose and that it usurps parliamentary sovereignty, when in fact it does exactly the opposite.

[Mr Baker]

I am very grateful to my hon. Friend and I look forward to seeing whether Opposition Members support clause 1 stand part.

If we were not to repeal the European Communities Act, we would still, from the perspective of EU law, exit the European Union at the end of the article 50 process, but there would be confusion and uncertainty about the law on our own statute book. For example, it would be unclear whether UK or EU law would take precedence if there was a conflict between them. The status of new EU law would also be unclear once the UK left the EU.

I intend first to set out briefly the effect of the European Communities Act on our legal system and the implications of its repeal. The UK is a “dualist” state, meaning that a treaty, even when ratified, does not alter our laws unless it is incorporated into domestic law by legislation. Parliament must pass legislation before the rights and obligations in a treaty have effect in our law. The European Communities Act gave EU law supremacy over UK law. Without it, EU law would not apply in the UK. The 1972 Act has two main provisions. Section 2(1) ensures rights and obligations in the EU treaties and regulations are directly applicable in the UK legal system. They apply directly without the need for Parliament to pass specific domestic implementing legislation. This bears repeating in the context of the clauses to follow.

--- Later in debate ---

[Mr Baker]

Indeed. I have often thought that the scenery of our constitution had remained in place throughout my lifetime, but not the practical effect the electors of this country expected it to have.

[Sir William Cash]

In response, vicariously to my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), may I point out that most decisions taken by the Council of Ministers are effectively made by consensus behind closed doors, with no record of who said what, how the decision was arrived at, or, unlike this House, with no record of any of the proceedings either?