European Union (Withdrawal)

Debate between Bernard Jenkin and Antoinette Sandbach

Tuesday 3rd September 2019 Commons Chamber

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

I put it to the hon. Member for Edinburgh East (Tommy Sheppard) that the very question that he wants to put to the British people again is the question that was on the ballot paper in the 2016 referendum. The then Prime Minister made it clear in debates on television that if the country voted to leave, that decision would be implemented: article 50 would be invoked and after two years we would be out—out of the single market and out of the customs union. That is what he said, so I do not see any need to run the thing again.

I merely rise on the occasion of this debate to observe that what some people, including you, Mr Speaker, call a “constitutional outrage”—it is a little novel for the Speaker to enter into the debate quite so openly, but there we are; that is another novelty taking place in our constitution—other people refer to as a perfectly normal decision.

In truth it is neither, but this controversy reflects the evolving and changing nature of the relationship between Parliament, Government and people. That is a permanent evolution in our constitution, and two measures in particular have led to a substantial sea change in the relationship between Parliament and the Government. The first is the Fixed-term Parliaments Act 2011, which was sold to a perhaps rather unsuspecting House as a means of limiting Executive power, but in the event of a statutory no-confidence vote the Act is silent on what happens afterwards, except for the 14-day period. The Prime Minister may no longer be able to call a general election, but he is no longer obliged to resign either—at least not for 14 days. That has the effect of strengthening the incumbency of a sitting Prime Minister. Of course, that is exactly what it was intended to do—it was intended to cement the coalition in place—but it has left the House with the option to wound rather than kill Governments. I do not think that that has improved the accountability of Governments to Parliament in any way at all.

The second thing that has happened to cause this sea change is the increase in the frequency of the use of referendums. That has consequences too, as many warned, not for the sovereignty of Parliament but, as my right hon. Friend the Member for North Somerset (Dr Fox) said, for legitimacy, because we now have competing legitimacies in our constitution. What we are hearing is a bitter dispute about whether the representative nature of our democracy is a superior legitimacy to the direct—

[Antoinette Sandbach (Eddisbury) (Con)]

Will my hon. Friend give way?

[Sir Bernard Jenkin]

I will.

[Antoinette Sandbach]

Does my hon. Friend recall that the Vote Leave campaign said that MPs in this Parliament would decide which Brexit model—Norway, Switzerland or so on—would apply and that that was part of taking back control? The 17.4 million people were not speaking with a single voice, because they believed that there was a menu of options.

[Sir Bernard Jenkin]

I think there was also a menu of options available to those who voted remain, and I know many people who voted remain who wish that we would now just get on and leave. I do not think the hon. Lady makes a valid point or, indeed, undermines the fundamental point that we now have a constitution in which there are competing legitimacies. Some people are resting the authority of their argument on the representative mandate and some—the Government in particular—on the popular vote.

It is at least as much a constitutional outrage that we are still in the European Union three years after the referendum, and that tomorrow’s potential Bill should propose to hand the question of how we leave not back to this House, but to the European Union to decide—[Interruption.] It is absolutely true, because that is exactly what clause 3(2) of the draft Bill says.

The bitterness of tonight’s exchanges reflects the breakdown of our shared understanding about which mandate is legitimate: the representative or the direct. We now have a constitution containing competing ideas of legitimacy, and unless we are to abandon referendums this House should be ready to implement popular decisions that it does not like, but it has shown some reluctance to do so. If we refuse to do so, I again agree with my right hon. Friend the Member for North Somerset that that will have consequences for the credibility of Parliament in the eyes of our electors. We will see the revival of alternative political parties, and I fear that this House is taking politics in that direction. The sovereignty of Parliament is not at risk, but our democratic legitimacy certainly is.

Exiting the European Union: Meaningful Vote

Debate between Bernard Jenkin and Antoinette Sandbach

Tuesday 11th December 2018 Commons Chamber

[Sir Bernard Jenkin]

Because too many people leading these negotiations do not have sufficient faith in the people, economy and future of this country. Who gave a mandate to this House to set itself above the people? Nothing could be better calculated to sow despair and cynicism about politics and politicians, or about this House, or about the credibility of our democracy, than for this House to fail to understand what the word “leave” means; to argue that leave voters must have their motives dissected and psychoanalysed; or to try to prove that we really did not mean leave, that we were voting about something else or that it was all too complicated for the little minds of the voters. There is no ambiguity in the word “leave” which this House placed on the ballot paper.

When we resume the debate, let us share ideas about what kind of relationship the UK might have with the EU after we have left, but leaving the EU means, at the end of it, becoming once again an independent sovereign state. “Leave” does not mean bringing back the same treaty, costing billions for nothing in return, that installs the EU Court of Justice in some superior position over the agreement or that holds the UK hostage to what the EU might decide about our future; or remaining in a single customs territory or subject to an EU rulebook.

The prospect of bringing an acceptable withdrawal treaty to this House is also about making it clear that the UK is preparing and will be prepared to leave the EU on 29 March without a withdrawal agreement, to trade on World Trade Organisation terms. The only alternative is to lie down and submit to the will of the EU, which seems to be the policy of an increasing number of people in this House

[Antoinette Sandbach (Eddisbury) (Con)]

rose—

[Sir Bernard Jenkin]

I am not giving way. Everyone can see that most countries are outside the EU and, do you know what, they are absolutely fine. Our overriding duty should be to work together to implement the decision and to forge a new consensus about the future of this great nation which reflects the way in which the vast majority of the constituencies in this House voted. The UK is a resilient nation, which has faced far greater challenges to our survival, prosperity and independence than the short-term practical and administrative challenges of leaving the EU. This is not an economic crisis like the 1970s oil shock or the 2008 banking crisis. This will not cause rampant inflation or leave people wondering whether the ATM will deliver their cash. This is not a decision to go to war. It is not a terrorist attack. What this House needs to show is more faith in the people and the way they voted, and more faith in the future of this country. If we sell ourselves short in this House, we are selling the British people short.

Leaving the EU: No-deal Alternatives

Debate between Bernard Jenkin and Antoinette Sandbach

Wednesday 21st February 2018 Westminster Hall

[Antoinette Sandbach]

I certainly do recall that type of message. It was one of the big messages that was being sent out: our prosperity would not be threatened, we would be able to stay in the single market and we would have the “exact same benefits” as before.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I am intrigued because I thought the whole basis of my hon. Friend’s very fear-based analysis of Brexit is that the EU wants to stick tariffs on trade between the UK and the EU. Which leader around the European Union has said that they want to put tariffs on trade between the UK and the EU?

[Antoinette Sandbach]

The consequences of a WTO—

[Mr Jenkin]

Not one!

[Antoinette Sandbach]

No. The consequences of a WTO Brexit mean that we fall back on rules that require the imposition of tariffs, unless we waive them as a most favoured nation status for all other countries. That would then expose our manufacturing, farming and other industries to competitors with far lower standards than us, some of which have far cheaper labour costs, when we have very high quality products in this country. That is the consequence of WTO terms.

Leaving the European Union

Debate between Bernard Jenkin and Antoinette Sandbach

Monday 22nd January 2018 Westminster Hall

[Antoinette Sandbach (Eddisbury) (Con)]

The lawyers conceded that point, but it was not directly relevant to the case that was being argued.

[Mr Jenkin]

It was the premise of the judgment.

[Antoinette Sandbach]

I hear the chuntering from my hon. Friend, but the reality was that it was not the issue that was being decided on. If there was any merit in that point in the judgment, it was clearly obiter dictum, as it is called.

European Union (Withdrawal) Bill

Debate between Bernard Jenkin and Antoinette Sandbach

Report stage: First Day: House of Commons
Tuesday 16th January 2018 Commons Chamber

[Mr Jenkin]

rose—

[Antoinette Sandbach (Eddisbury) (Con)]

rose—