European Council

Peter Bone Excerpts

Monday 27th June 2011 Commons Chamber

[The Prime Minister]

We are very hopeful that it would not have an impact. That has been one of our negotiating stances with regard to Croatia. I remind my hon. Friend that the letter to the European Commission that I signed, along with the German Chancellor, the French President, the Dutch Prime Minister and the Finnish Prime Minister, said:

“The action taken in 2011 to curb annual growth in European payment appropriations should therefore be stepped up progressively over the remaining years of this financial perspective and payment appropriations should increase, at most, by no more than inflation over the next financial perspectives.”

I know that my hon. Friend and many other Government Members would like us to go further, but to have lined up five countries behind an effective real-terms freeze over the next period is a very good start.

[Mr Peter Bone (Wellingborough) (Con)]

Yesterday, I had a meeting with a constituent who I know can be very difficult at times. She was exceptionally happy and was singing the praises of the Prime Minister because we will not be involved in the Greek bail-out, and because after 2013 we will not be involved in any bail-outs. However, Mrs Bone wanted to know whether, if a bail-out came before 2013, Britain would vote no in any case, despite qualified majority voting. She would be very happy if the Prime Minister gave that undertaking, and it would be really helpful for the Bone household if he could.

[The Prime Minister]

I feel that a very big part of my life is spent trying to give pleasure to Mrs Bone. On this occasion, I can go only so far.

Oral Answers to Questions

Peter Bone Excerpts

Tuesday 24th May 2011 Commons Chamber

[The Deputy Prime Minister]

The right hon. Gentleman —unusually—makes a fair point. We do need to get these rules into place in good time, and we will be working with the Electoral Commission at all levels to make sure that the rules are available to everybody who wants to participate in these elections in good time so that they can be held in the proper way.

[Mr Peter Bone (Wellingborough) (Con)]

9. What representations he has received on the application of the Salisbury convention to legislative proposals relating to political and constitutional reform.

[The Deputy Prime Minister (Mr Nick Clegg)]

I have received no representations on this subject.

[Mr Bone]

The Deputy Prime Minister is well known for his love of Parliament and democracy. Perhaps no representations have been made because there is no question of the Parliament Acts being invoked at any time during this period of government because no single party was elected to government.

[The Deputy Prime Minister]

The hon. Gentleman’s question is about the Salisbury convention, which is one of many conventions that entrench the relationship between the other place and the House of Commons. The Parliament Acts are also vital in that regard. We have no intention of altering either the Acts or the convention.

Counter-terrorism

Peter Bone Excerpts

Tuesday 3rd May 2011 Commons Chamber

[The Prime Minister]

The problem with that philosophical view of British foreign policy is that we live in too much of an interconnected world. The idea that we can just put the barrier up and say, “What happens in Pakistan or Afghanistan does not affect us” is wrong. The fact is that 1.4 million people of Pakistani origin live in Britain and travel between here and Pakistan. The fact is that we were threatened by terrorism sourced from Afghanistan and the tribal lands of Pakistan. I am afraid that that sort of “stop the world, I want to get off” foreign policy option no longer exists in this interconnected world.

[Mr Peter Bone (Wellingborough) (Con)]

Wellingborough is a fully integrated, interfaith community—in fact, this week we have Sikh, Hindu, Muslim and Christian candidates standing for the Conservative party at the local elections. [Interruption.] Does the Prime Minister agree that in my community of Wellingborough, yesterday’s events will be wholly welcomed?

[The Prime Minister]

My hon. Friend makes an important point. I think someone shouted, “What’s that got to do with it?” but it is important that all parties try to ensure that they are fully representative of all parts of the community. As we have learned in the Conservative party, it is not enough just to open the doors and invite people in; we have to go out and ask people in, so that we can say to people in every community that they are represented in whatever party they would like to support for whatever reason they would like to support it.

Oral Answers to Questions

Peter Bone Excerpts

Wednesday 27th April 2011 Commons Chamber

[Mr Maude]

Anyone who visits the pathfinder mutuals, talks to the staff—now co-owners—of those organisations and sees the excitement with which they are pursuing their new vocation will give up on the scaremongering. This is a profoundly important movement that should command support from throughout the House.

[Mr Peter Bone (Wellingborough) (Con)]

T1. If he will make a statement on his departmental responsibilities.

[The Minister for the Cabinet Office and Paymaster General (Mr Francis Maude)]

I have overall responsibility for the work of the Cabinet Office, while the Deputy Prime Minister has specific responsibility for the Government’s programme of political and constitutional reform.

[Mr Bone]

Last week on the doorstep in Wellingborough, the hot issue was the responsibility of the Cabinet Office for implementing constitutional reform. Why is it that, under the alternative vote, British National party votes and Socialist Workers party votes in my constituency would be counted twice, but Tory votes would be counted only once?

[Mr Maude]

My hon. Friend makes a powerful point. That is no doubt why, I gather, rather more than half of Labour MPs now support first past the post.

Libya/European Council

Peter Bone Excerpts

Monday 28th March 2011 Commons Chamber

[The Prime Minister]

We have assessed the liabilities. Debates have been held in this House and there is a great deal of information that I can make available to my hon. Friend. The matter is complicated because as well as the article 122 mechanism, which contains a limited amount of headroom, some of which has already been used up in the case of Ireland, another facility has been put in place that does not include the UK, which has considerably more headroom. Above and beyond that, we will have the future mechanism post-2013. If he likes, I can give him the full details on what all those things are and on the relatively limited liability that the UK has under article 122. As I have said, it is a liability that we wish we did not have.

[Mr Peter Bone (Wellingborough) (Con)]

Over the weekend, my wife was saying what a wonderful job the Prime Minister was doing over the EU bail-outs, and that he was turning into a Mrs Thatcher. She wondered if he could use his immense charm and ability to persuade the euro countries not to ask us to participate in any bail-out? Will the Prime Minister satisfy Mrs Bone?

[The Prime Minister]

I am fast coming to the view that Mrs Bone is quite literally insatiable. I will—[Laughter.] I will certainly do my best, but there are some things of which it is quite difficult to persuade one’s European colleagues. I take to heart the compliments that Mrs Bone paid in the early part of my hon. Friend’s question.

United Kingdom Parliamentary Sovereignty Bill

Peter Bone Excerpts

Friday 18th March 2011 Commons Chamber

[Mr Chope]

My hon. Friend asks why use the word “reaffirmed” rather than “exists”. I have chosen that particular word, but other words could be substituted for it. I am not saying that it is the only word that could be used in clause 1 to convey the meaning that I wish to get across. I think it is a good word, and unless and until somebody comes up with an amendment that they think is better, I would like to keep it in the Bill. If my hon. Friend would like to join me in considering the Bill in Committee in due course, I am sure he will have the chance to move amendments and speak to them to explain why he thinks his choice of words is better than the words in the Bill.

May I take the House back briefly to the “Invitation to Join the Government of Britain”, which was the title given to the Conservative party manifesto at the last general election? On page 114, under the subtitle “Promote our national interest—an open and democratic Europe”, it is stated:

“The steady and unaccountable intrusion of the European Union into almost every aspect of our lives has gone too far. A Conservative government will negotiate for three specific guarantees—on the Charter of Fundamental Rights, on criminal justice, and on social and employment legislation—with our European partners to return powers that we believe should reside with the UK, not the EU. We seek a mandate to negotiate the return of these powers from the EU to the UK.”

[Mr Peter Bone (Wellingborough) (Con)]

I understand that the Ministry of Defence has had to pulp several books because it does not like them. Is it correct that Conservative central office has tried to pulp all the previous manifestos?

[Mr Chope]

I do not know, but I think my hon. Friend is perhaps a bit harsh. I hope that all Conservatives in this Parliament, who were elected on that manifesto, are trying their hardest to ensure that its words are implemented. My hon. Friend is in the forefront of trying to achieve that objective.

We were also promised in an informal meeting of the Conservative parliamentary party that there were red lines around our policy on Europe in the coalition agreement. We therefore believed that the words that I have just read out would not only remain part of the Conservative party manifesto but be inherent in the coalition manifesto.

I do not want to go back over the European Union Bill because we had long discussions about it, but recent events have brought home to me the fact that the gradual erosion of our sovereignty remains a live issue. We had a debate on Wednesday evening, which is, in a sense, unfinished business, because the Division is deferred to next Wednesday, about the fact that the Government have decided to use section 6 of the European Union (Amendment) Act 2008 so that the Prime Minister can agree to amend article 136 of the treaty on the functioning of the European Union next weekend to establish a permanent stability mechanism for the euro.

The hon. Member for Luton North (Kelvin Hopkins) made one of the most interesting interventions in that short debate when he asked:

“Would it not be more appropriate for an intergovernmental agreement to be reached among the member states of the eurozone, rather than have some change to the treaty on the functioning of the European Union?”

My right hon. Friend the Minister for Europe replied:

“It would have been possible for the member states of the eurozone to have come to such an intergovernmental agreement, but they chose not to do so.”

Surely if member states want to set up intergovernmental arrangements centred around the euro and the eurozone, they should be allowed to do so. There is no reason for the Government, controlled by Parliament, to be dragged into that process. It then became apparent that Parliament was being asked to give the Government authority to negotiate away some of our powers because it was thought sensible for us to be party to an unnecessary treaty amendment. If it is not necessary, why are we doing it? How is that consistent with what was said in our manifesto?

Later in the debate, my right hon. Friend the Minister for Europe said:

“Should there be any suggestion of amending the draft decision at the European Council—there is no such suggestion from any quarter at present—”.—[Official Report, 16 March 2011; Vol. 525, c. 422-24.]

However, as I said, I was in Brussels for three days at the beginning of this week and I picked up a copy of European Voice, a newspaper that circulates there. An article on page seven, under the headline “MEPs confident of getting say on bail-out mechanism”, states:

“MEPs expressed optimism on…8 March that EU member states will accept their demands to link a permanent bail-out mechanism for the eurozone more closely to the EU institutions.”

--- Later in debate ---

[Mr Chope]

My hon. Friend has failed to look at today’s Order Paper and failed to notice that I do not have one Bill but several, and therefore I have a conflict of interest. If I speak too long on one Bill, I may jeopardise the chance of being able to speak on my next.

[Mr Bone]

Just before my hon. Friend concludes, I want to put in my bid to be on the Bill Committee. We have heard from several hon. Members that they want to be on the Committee, and I would like to add my name.

--- Later in debate ---

[Chris Bryant (Rhondda) (Lab)]

rose—

[Mr Bone]

He wants to be on it too!

[Chris Bryant]

No, this is an application not to be on the Bill Committee. I have heard these arguments so many times that I have no desire to hear them all over again, even if it would give us an opportunity to hear the whole of the Minister’s speech on the subject. May I point out to the hon. Member for Christchurch (Mr Chope) that greed is a sin? Taking so many private Members’ Bills on one day might be thought somewhat greedy.

--- Later in debate ---

[Mr Cash]

I would just like to get this out of the way, if I may, because it is quite a useful and explicit affirmation of what we could do in practice to ensure that there is no doubt about what is being done. The new clause in question could be phrased in this way: “Any Act of Parliament or legal instrument expressly stating that that Act or instrument shall be ‘notwithstanding the European Communities Act 1972’ or ‘notwithstanding the European convention on human rights and the Human Rights Act 1998’ shall be construed by the courts of the United Kingdom as having the effect of disapplying and overriding any Act or legal instrument to which it refers.” That would put the position completely on all fours with the evidence that we have received from the constitutional experts.

For many years, I have said that we need a way to get round the problem of provisions emanating from the European Communities Act 1972, and the treaties and legal instruments made under it, being inconsistent with our national interests. To achieve that—in line with cases such as Macarthys v. Smith under Lord Denning and Garland v. British Rail Engineering under Lord Diplock, which remain good law despite what the Supreme Court has said recently—we need, precedent to an Act of Parliament and in relation to European Union legislation, to use the expression “notwithstanding the European Communities Act 1972” to make it clear that we are legislating subsequent to an existing enactment and expressly inconsistently with it. That would oblige the courts to give effect to the later legislation. There are occasions when it is clear that the Government would want to do that but cannot do it, or do not want to do it, or would prefer the whole subject to go away. I am looking closely at the Minister at this point. There is nobody who wants this subject to go away more than the Prime Minister does.

It is a problem. I recognise the dilemma, and I have to say, in all fairness, that I have absolutely no doubt about the need for the remedy. I understand that there are inconveniences in having the European Union producing legislation that this country does not want, which might have been thought to be a good idea in the past. Some thought that the working time directive was a good idea, but it has turned out to have all kinds of unfortunate consequences. The same could be said of other matters such as the over-regulation of business.

When we were in opposition in 2006, I tabled an amendment to the then Government’s Legislative and Regulatory Reform Bill, based on the “notwithstanding” formula, in order to improve the opportunities for British business, helping it to grow and get away from unnecessary burdens imposed by the European Union. During the afternoon that I proposed that amendment, a series of Whips’ meetings took place. The Whips came to me and said, “Bill, would you be good enough to allow us to adopt your amendment and to put in Tellers?” When the vote took place on the words

“notwithstanding the European Communities Act 1972”,

teams of the present Government walked through the Lobbies to support my amendment, which they had adopted—and six weeks later on a whipped vote in the House of Lords, they reconfirmed it. There was no doubt about the intention there. The principle is thus established by the European Scrutiny Committee report, by the evidence we received and by the conduct of the Prime Minister who was then the Leader of the Opposition.

[Mr Bone]

My hon. Friend is generous. Could the whole problem be solved by putting those magic words on the front of every Act of Parliament, thus forcing the courts to interpret the Act of Parliament as the supreme law, not the one from the European Union?

[Mr Cash]

We could do that, although it might not be desirable or necessary to do it for every Act of Parliament. I shall come on to some cases later, but we are about to go into an adjournment, if that is the right expression, when the Prime Minister will make an important statement on Libya and the UN resolution. I believe my hon. Friend the Member for Wellingborough (Mr Bone) made an important point, which clearly summarises the position. It would not need to apply to every Act of Parliament, but only where it was necessary in respect of European Union law or the European convention on human rights—on issues like votes for prisoners, for example.

UN Security Council Resolution (Libya)

Peter Bone Excerpts

Friday 18th March 2011 Commons Chamber

[The Prime Minister]

The hon. Gentleman is absolutely right, first, to say that in many ways the easy decisions have been made, and now there are the difficult times and the difficult decisions have to be made. I am acutely conscious of that. His point about Libyan resources is entirely right. If Gaddafi will not cease his war on his own people and if military action has to be taken, we need to make sure that that is done commensurate with international law and trying to avoid, wherever possible, collateral damage, civilian casualties, and all the other things that he says. That is absolutely vital in all that we want to do, not least in keeping the largest possible coalition of people in this country and around the world, including in the Arab world, behind what the United Nations has authorised.

[Mr Peter Bone (Wellingborough) (Con)]

I would like to thank the Prime Minister for coming to the House so early to make this statement. He is clearly right to take very seriously the deployment of British troops. In that regard, could not the substantive motion that he has mentioned be debated later this evening or tomorrow morning, before the troops are actually deployed?

[The Prime Minister]

Obviously, I considered this carefully, and we discussed it at Cabinet this morning. We felt that the best approach was to give time for the tabling of a substantive motion today, which I believe has to be done by 2.30 pm. If we do that in advance, it will give anyone who wants to suggest an amendment the chance to do so, and then there can be a proper debate on Monday. Actually, I considered whether it would be better to hold the debate on Tuesday to give people more chance to consider what may or may not have happened over the weekend, but I think that the House will be anxious to have that debate, so I judged, and the Cabinet judged, that a debate on Monday on a substantive motion that can be amended is the right thing to do.

United Kingdom Parliamentary Sovereignty Bill

Peter Bone Excerpts

Friday 18th March 2011 Commons Chamber

[Mr Cash]

The use of the sovereignty of Parliament to pass an Act notwithstanding the European Communities Act 1972, which is inherent in the Bill. The Minister might recall that in opening my remarks, I specifically stated that I had a clause in mind that would put it beyond any doubt that the courts would be obliged to give effect to, for example, what the then Opposition properly did when they voted for my amendment to the Legislative and Regulatory Reform Bill.

We should not be arguing about this. I find it astonishing that I should have to raise the matter in a debate. For a Minister to question whether my remarks are valid in one respect or another is again astonishing. I cannot believe it: I know the Minister’s business background; I know he understands the issues; I know perfectly well that he is caught on the horns of a dilemma. I believe that he would personally love to see the repatriation of powers—and I am sure his constituents would, as well. I am afraid, however, that it will do no good if he offers resistance to my simple, straightforward and common-sense proposals. This involves making adjustments to European Community law and requiring the judiciary to give effect to the latest inconsistent Act. I should not have to repeat myself; it is terribly obvious. It is all so simple that I cannot believe that the Minister would want to offer any kind of resistance to the proposition.

Let me provide a few examples—some from the business environment, some from elsewhere—from the massive tsunami of European law. I have already mentioned the working time directive, which is coming up for consideration by the European Scrutiny Committee. We recommended that proposals relating to it should be debated in the House, so we do not need to debate it immediately. I will say unequivocally, however, that the working time directive is causing a great deal of damage to small businesses. There are also questions in the pipeline relating to waste electrical and electronic equipment, which is a matter of concern to a number of manufacturers and to people in the waste disposal business.

[Mr Bone]

My hon. Friend is generous in giving way. Does he agree that one problem now is that we have lost so much time for debate as a result of the important statement on Libya? I, for one, will withdraw from speaking so that we can reach a conclusion and vote on the Bill. I know that other hon. Members want to speak, so I wonder whether my hon. Friend would reflect on that?

[Mr Cash]

Very much so. I am delighted to say that I have come to the end of my remarks, which were to include a reference to the European arrest warrant and powers of entry, as both those matters are causing problems for the citizens and people of this country. Fair Trials International has written an excellent brief on the necessary amendments, but as it knows all too well, only by using the sort of mechanism I have proposed—the “notwithstanding” formula—would we be able to deal with the problem. Further difficulties relate to rulings on pensions, the insurance question for women and so forth.

In a nutshell, this is a problem crying out for a solution. This Bill will provide it. Other measures are necessary to ensure that we retain the sovereignty of this House while at the same time dealing with the difficulties arising for the people of this country in a wide area of business and other legislation.

[Henry Smith (Crawley) (Con)]

I am grateful for the opportunity to take part in such a fundamental debate. My comments will be brief, partly because although the matter is so fundamental it is also relatively straightforward.

As I said in my intervention on my hon. Friend the Member for Stone (Mr Cash), this country has an evolving constitution, as even a cursory look at the history books will show. Over the best part of the last millennium, the most significant action was perhaps the 1215 Magna Carta, the seed of many of our liberties and freedoms, as mentioned in other great documents such as the US constitution. We have also had two Acts of Union, the 1689 Bill of Rights referred to by my hon. Friend, and the Parliament Act of exactly a century ago, as amended in the late 1940s. Of course, we have also had the European Communities Act 1972, which was confirmed by a referendum in 1975. Most people who did not study the treaty of Rome to any great degree thought that that was a referendum on free markets and, as it was referred to at the time, a common market. Those who did study the treaty of Rome would have realised the inexorable trend in greater political union that was about to start.

The European Communities Act was passed when I was just three years old, and of course I was still very young when the referendum took place. In the intervening four decades, the British people have not had a chance to express their views on the development of the European Union, which has grown hugely both in terms of member countries and competences. During the same period, this Parliament has on many occasions also failed to reassert its authority as an independent sovereign Parliament. I am sure in my view as a Member that this Parliament is sovereign in this country, but I fear that the elapsing of time and seeping of power and authority from this place to supranational organisations such as the European Union, the European Parliament, the European Commission, the European Court of Justice and other European institutions formed prior to 1972, such as the European Court of Human Rights, has led to serious questions about whether Parliament, and in particular the House of Commons, is sovereign in the governance of the United Kingdom.

Although I, my hon. Friend and many other hon. Members, if not all, are sure of that sovereignty, increasingly there are attempts to challenge and qualify it by courts within the United Kingdom, as judges seek to legislate from the bench, and by courts outside this country. A reaffirmation of this place’s sovereignty is therefore timely, because we do not have a written constitution, or at least not one that is written down in any one place.

Let us contrast that with other member nations of the European Union. The Federal Republic of Germany has its constitutional court, which is quite sure in its constitutional position that it is supreme when it comes to matters that affect that country. The debate about whether we write our constitution in one place is for another day, but nevertheless the time has now come, because of uncertainty and of challenges within and without this country, to reaffirm that sovereignty.

I know that the arguments against such a position are that, if we start to enshrine “sovereignty” in law, we will just open up the debate to lawyers and judges to define exactly what we mean by it. I also understand the argument that “sovereignty”, on the few occasions it is mentioned in legislation, often refers to territorial limits rather than to any legal definition, but the Bill’s wording is quite clear that sovereignty refers to the competence of this Parliament—of the legislation that we enact. That defines the sovereignty that we should reassert, and it therefore closes down the argument that the Bill would somehow do the opposite and open up the debate about the future of sovereignty.

Ideally, I would like to see a referendum on our future membership of the European Union, but, given the remarks that the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper), made a few moments ago, I suspect that, because of the realities of the coalition Government, we will not see such a referendum in the lifetime of this Parliament.

[Mr Bone]

My hon. Friend could be more sanguine on the matter, because our coalition partners are desperate to have that vote. It was in their manifesto, so we just have to persuade our hon. Friend the Minister that it is necessary; we do not have to persuade our coalition partners.

[Henry Smith]

I am grateful for that clarification of the Liberal Democrat manifesto. Clearly, 12 months ago I should have read it with a little more care, but I was busy trying to promote my candidacy in what is now my constituency. I still suspect that, although the proposal might have appeared in the Liberal Democrats’ manifesto, they are less willing for it to be part of any coalition agreement.

I therefore maintain that we are unlikely—if my political antennae are correct—to have a referendum, and that is even more reason why we in this Parliament now need to reaffirm and reassert, through an Act, that this Parliament is sovereign. The electorate will not have a chance to have their say, certainly during this Parliament.

Ultimately, this is one of the most important debates that we can have in this place, because I am sent here to represent the interests of not only my constituents but my country, and I seek and am very proud to do those two things. I am deeply conscious, however, of the fact that my ability and that of right hon. and hon. Members to do so is frustrated by the constraints and—I will put it as strongly as this—the checks that are placed on this Parliament in enacting the legislation that we want to see.

We have heard a number of examples, whether they be the European Court of Human Rights on prisoner voting or, as my hon. Friend the Member for Christchurch (Mr Chope) said earlier, our insurance industry’s inability to provide the products that the vast majority of people would consider perfectly rational. Those are just two recent examples, so I am very pleased to support the Bill and, as a new Member, very grateful to my hon. Friend the Member for Christchurch for introducing it today.

[Priti Patel (Witham) (Con)]

I congratulate my hon. Friend the Member for Christchurch (Mr Chope) on securing this important debate on issues about which many of us who are present today feel strongly. I agree with the powerful arguments that he advanced. The Bill is, of course, very similar to one of the same name that was presented some time ago by my hon. Friend the Member for Stone (Mr Cash).

I share the concerns that have been expressed this morning, because, like others who are in the Chamber today, I believe in the sovereignty and primacy of this Parliament. I believe that it is the mother of all Parliaments, and should be the ultimate institution of power and authority in our country. Throughout history, the laws passed by this Parliament have seen the country enjoy success and prosperity beyond that which could have been envisaged. It is testimony to the respect that people have for our Parliament that our democracy, institutions and laws have been exported across the world, not just to our former empire and colonies but, I believe, far beyond.

This Parliament has an enviable record of delivering positive change and success, which is why I believe that we should never allow it to become irrelevant or allow its authority and power to fall into decline. However, even as a new Member of Parliament, I have already seen that happening. Unfortunately, in recent decades we have seen a continual undermining of the authority of this Parliament by the body that is called Europe, without the consent of the British people.

My views on this matter are, I think, well known. The Bill returns us to many of the debates that we have had previously on, for instance, the European Union Bill and the Sovereignty of Parliament Bill. The issue is that our powers are being eroded, and that all too often decisions are made in secret and without the consultation or the consent of the British people whom those decisions ultimately affect. That causes tremendous concern to my constituents and to me. I believe that, in an era of openness, transparency and fairness, they should know what is going on and should be entitled to a say on it.

There is a strong contrast between the approach that I have described and the domestic approach to constitutional matters when Parliament’s powers have been devolved. Across the United Kingdom, Parliament has devolved powers to other domestic institutions with the consent of the people, and has established a new constitutional settlement in an open, transparent and democratic way. Devolution from Westminster to Scotland, Wales and Northern Ireland has taken place by means of carefully considered legislation and referendums. We have seen that process in action with the Scotland Bill and the referendum that was conducted in Wales earlier this month.

Whether or not we agree with those decisions on devolution, they have been made in a transparent and open way and they carry democratic legitimacy, which is important. Unfortunately, very little of the transfer of powers from the United Kingdom to Europe and the pillaging of those powers has ever been carried out in such a transparent, accountable and democratic fashion, and the Bill rightly seeks to redress that.

I welcome this initiative because, like all Conservative Members of Parliament, I stood for election on a solid manifesto pledge to

“introduce a United Kingdom Sovereignty Bill to make it clear that ultimate authority stays in this country, in our Parliament.”

I welcomed the safeguards in the European Union Bill, which would, through a referendum, give Parliament and the British public greater control over transfers of power to Europe. The EU Bill is a step in the right direction, but, as has been said before in the House, the true test will come when it is challenged. As we heard earlier this morning, it has been reported that a Liberal Democrat Member of the European Parliament has proposed changes to bypass the referendum lock and what he has apparently referred to as “the British problem”. In a letter to the President of the European Parliament, he shamelessly neglected the British interest by suggesting that future treaty changes be ratified with a four-fifths majority of member states, and observed that the effect of this Bill

“will be to severely delay and complicate all future treaty revision”.

I know the British people will be as astonished as I am that any parliamentarian would stoop so low as to describe any democratic process involving a sovereign Parliament and referendum as a problem, and seek to circumvent the layer of democratic accountability for laws that affect our country. Standing up for British interests and the sovereignty of this Parliament must come first, and those who think that that causes delay and complication have no respect for democracy.

Clause 1 adds additional safeguards to protect against those in Europe, such as Mr Duff, wishing to undermine our country. It makes it clear and unambiguous that Parliament is sovereign, and it provides a defence of the sovereignty of Parliament, complementing that in the European Union Bill. That is important because what irritates my constituents—and, it seems, the majority of the British public—is when laws from Europe are foisted on us and we as a country can do very little about it.

That brings me on to the whole area of the repatriation of powers. While we cannot reverse Labour’s betrayal over the referendum on the Lisbon treaty, we can enforce more vigorous safeguards for parliamentary sovereignty. There are two areas in particular where I think the Bill offers an opportunity to strengthen our democracy and restore power and authority to Parliament. First, by reaffirming the sovereignty of Parliament, the Bill gives rise to the possibility that Britain might be able to repatriate powers from Europe. Secondly, the Bill gives us an opportunity to deal with problems from Europe in respect of the Council of Europe, the European Court of Human Rights and their associated Strasbourg-based institutions. I have no doubt that those Members who are present could speak for hours about the powers we would like to have repatriated, and about those institutions and their detrimental impact on our laws, our legislation and our country.

On the repatriation of powers, I believe it is absolutely essential that Parliament can clearly and decisively legislate to disapply EU laws imposed on this country where they are not in the national interest. Over the next few years, British taxpayers will be handing over to the EU £50 billion more than they get back, and we face additional costs of over £20 billion stemming from the more than 80 EU directives currently pending transposition into UK law. Therefore, from a financial perspective alone, we simply cannot afford to go on like this, let alone in the areas where the EU is now exercising far too many controls over our lives, such as financial institutions and immigration policies.

[Mr Bone]

My hon. Friend is, as always, making a powerful speech. Is it not strange that under the last five years of the Labour Administration, £19.8 billion net was given to the EU, but under this coalition Government the amount for the next five years will go up to £41 billion? Who would have believed that?

[Priti Patel]

I find that alarming, and I do not think it is financially sustainable. It returns us to the point about accountability and transparency. Hard-pressed taxpayers in our country want to know where this money is going, and how it is going to be spent.

While I would like a proactive strategy to be adopted to secure, with European agreement, the return of powers to Britain and money to British taxpayers, it is important that we have a clear legislative framework in place to ensure that we can act in this way and put Britain’s interests first. I am eager that, as result of this Bill, we should have the chance to repatriate powers, because my constituents are fed up with the unelected, unaccountable and undemocratic bureaucrats in Brussels thinking they know best and imposing laws on our country. That is simply wrong. Frankly, the way Europe acts, and the increasingly integrationist and federalist agenda it pursues, only serves to give the impression that the EU does not trust us to make our own laws and has complete contempt and disregard for the British public.

Whatever the motives in Europe are for taking powers from Britain, we have been making laws in this country from this Parliament for many centuries. We can take great pride in the laws that this Parliament has passed and we must ensure that it can continue to make laws, without restriction, diktat or command from Europe. Reaffirming the sovereignty of Parliament gives me hope that, if needed, Parliament can legislate to repatriate powers without the courts ruling such measures incompatible with European law—of course we hear far too much of the term “European law” in this House. I look to this Bill, either in its current form or in an amended form, to facilitate that.

Time is short, but I wish to touch on a couple of other areas where the Bill can play an important role in securing British interests, the first is which is in respect of the Council of Europe and the European Court of Human Rights. We have seen how those bodies have sought to undermine and block the will of Parliament over prisoner votes. I look to clause 2(a), on Ministers of the Crown being unable to implement any legal instrument inconsistent with the Bill without approval from a referendum, as a starting point to safeguarding the will of Parliament. After all, with this Bill reaffirming the sovereignty of Parliament, Ministers would not be able to claim that they have to change our laws because Europe told us to do so.

This is not just about prisoner votes; it is about many areas, including finance, insurance policies—we know how they are going to change—and immigration policy. Intervention, diktats and changes in language are ever increasing and this is an alarming trend. The Council of Europe and the Human Rights Commissioner are critical of countries that wish to take a tough stand on immigration. It is of course in our national interest to secure our borders and make sure that we do not have illegal immigration, but we hear endless proclaimers attacking member states about the language used on immigration. We are attacked for the steps we take to patrol our borders and deter the entry of migrants who should not be coming into our country and are trying to do so for all the wrong reasons. I could go on about many of these points, but I will draw my remarks to a conclusion.

I look forward to hearing the Minister’s response to this debate but, more importantly and fundamentally, I seek assurances that the Government will act to ensure the protection of parliamentary sovereignty. I want to hear that the future British laws are going to be made by people in Britain and in the interests of British people.

--- Later in debate ---

[Mr Harper]

I believe that my hon. Friend is correct in saying that the explanatory notes have changed, so I am of course happy to agree on that fact. There are still matters of debate, but you will be pleased to know that I will not repeat those, Mr Deputy Speaker, because this is not a debate on the European Union Bill. I want to touch on issues other than the European Union because the Bill before us goes much wider, and there are other reasons why it should be opposed by Members.

[Mr Bone]

May I ask the Conservative Minister whether he stood on a manifesto at the last election that pledged that a United Kingdom parliamentary sovereignty Bill would be introduced if he was a member of the next Government? Has he changed his position?

[Mr Harper]

I dealt with that point when I intervened on my hon. Friend the Member for Stone (Mr Cash). Conservative Members stood on a manifesto that made a number of commitments. Indeed, he put it quite well in saying that we sought from the British people a mandate to do certain things. As I pointed out to my hon. Friends, much to our disappointment we did not get that mandate from the British people to the extent that we had hoped. We fell short, and that is why we formed a coalition Government. The coalition Government have set out our agreed programme. It contains quite a lot of what we wanted to do in our manifesto, and some of what the Liberal Democrats wanted to do in theirs, but we were not able to agree on all of it. The British people failed to give us that mandate so we are not able to do everything that we set out in our manifesto. That is disappointing—I find it disappointing and my hon. Friend the Member for Wellingborough (Mr Bone) finds it disappointing. However, we are democrats and we have to live with the decisions of the British people.

[Mr Bone]

Look, there are not very many people here. People have gone home and nobody is really listening. Why does the Minister not give his own personal view rather than the coalition view on whether the United Kingdom Parliamentary Sovereignty Bill would be a good thing?

[Mr Harper]

As my hon. Friend knows, I am here to set out clearly what the Government’s view is. I would never say, just because there may not be many Members present in the Chamber, that words spoken in this House are not heard far and wide. We should be very careful about what we say and should weigh our words carefully, particularly when speaking in a Chamber of a sovereign Parliament.

I hesitate to say this because I am sure that it will provoke my hon. Friend the Member for Stone, but I think it is worth saying that the Minister for Europe dealt with the issue of sovereignty in detail in relation to clause 18 of the European Union Bill in this House and in the European Scrutiny Committee. He said that the Government’s view was that an amendment that my hon. Friend the Member for Stone tabled, which was similar to what is in this Bill, would have invited exactly the sort of speculative consideration by judges that my hon. Friend feared. It is the Government’s view that the approach in this Bill would make things worse rather than better.

--- Later in debate ---

[Mr Bone]

The Parliamentary Secretary seems to be making specific points, which are more relevant to Committee. This is a Second Reading debate about the principle and we should not be discussing the detail. He should do that in Committee with us.

[Mr Harper]

I disagree. A disappointing aspect of the debate—I was disappointed even if no one else was—is that, in their comprehensive speeches, my hon. Friends the Members for Christchurch and for Stone spent much time on some issues, but little time on the actual Bill. I thought it was important to draw the House’s attention to the consequences of passing the measure and why the Government will oppose it if it is pressed to a Division.

The debate was helpful but the Government have concluded that, rather than strengthening and upholding parliamentary sovereignty, the Bill would undermine it for the reasons that I and others have set out. I therefore urge my hon. Friend the Member for Christchurch to withdraw it. If he does not and he tests the House’s opinion, I urge hon. Members to oppose it.

Japan and the Middle East

Peter Bone Excerpts

Monday 14th March 2011 Commons Chamber

[The Prime Minister]

We did discuss the wider region. The country that is probably of the most concern at the moment is Yemen, which the right hon. Gentleman often raises in this House. Again, it is clearly in our interests that the Yemeni Government respond with reform rather than repression. Yemen is a particularly special case because of the great presence of al-Qaeda and our need to encourage its Government to take on the terrorism in their country. The situation is obviously extremely difficult and we keep it under permanent review, not least to ensure that we keep safe the British citizens who are there.

[Mr Peter Bone (Wellingborough) (Con)]

Does the Prime Minister think there is a danger that by the time the international community agrees to a no-fly zone, there will be no purpose for one?

[The Prime Minister]

My hon. Friend makes a good point—the clock is ticking. There is a strong case for saying that time could get very short. I am not arguing, and do not think that anyone should argue, that a no-fly zone is the silver bullet that will solve the whole problem. It is just one of the many options that we should look at to increase pressure on the regime and to help people on the ground. I raised it two weeks ago because a lot of contingency planning is needed. I hope that that planning can now be sped up. That is why we are pushing for it, including through the UN. Clearly, we have to make and win some arguments on the UN Security Council, where some will be very sceptical about the idea.

Parliament (Amendment) Bill

Peter Bone Excerpts

Friday 4th March 2011 Commons Chamber

[Mr Chope]

I hope to be able to do that as well. My hon. Friend will not have failed to notice that my Bill would come into force on 1 May 2015, so it is forward looking, like much of the material that I bring before the House. I do not think that his is an adequate objection to the Bill. I hope that the measures in clause 1 will be in the draft Bill that the Government talk about bringing forward; I would have thought it unconscionable for the Government to propose that the other place have more than 600 Members. I hope that, on reflection, my hon. Friend will be prepared to accept clause 1.

Clause 2 deals with the number of Ministers in the House of Commons. Under the House of Commons Disqualification Act 1975, the maximum number is 95. As has been accepted by the Government—this point is supported strongly on both sides of the Chamber and in the other place—if we reduce the number of members of the legislature, we should also reduce the number of members of the Executive; otherwise, the balance between the Executive and the legislature gets out of kilter. Indeed, that was a recommendation of the Select Committee on Political and Constitutional Reform, of which I am privileged to be a member, in our report last October. We said:

“It is self-evident that a reduction in the number of Members of Parliament will increase the dominance of the Executive over Parliament if the number of Ministers sitting and voting in the House is not correspondingly reduced. This is a matter of constitutional importance that goes to the heart of the relationship between the Executive and the House.”

This very day the Government have responded to the Committee’s recommendations. Cmd 7997 states:

“The Government remains committed to strengthening Parliament in relation to the Executive…We have been clear that we accept the principle that there is a link between the legislature and the size of the executive.”

So we are making progress.

[Mr Peter Bone (Wellingborough) (Con)]

My hon. Friend is making a sound argument, which I totally support. May I draw his attention to the business listed for Wednesday 7 September 2011? It includes the Second Reading of my House of Commons Disqualification (Amendment) Bill, which would remove a number of Ministers at a stroke, and they happen to be in the Whips Office.

[Mr Chope]

I had the privilege of listening to my hon. Friend when he made a very powerful speech introducing that Bill under the ten-minute rule. Nothing in my Bill cuts across or undermines anything in his Bill, which I hope will make swift progress when it comes before the House.

The Government’s argument against clause 2 of my Bill is given in paragraph 91 of today’s Command Paper:

“There is no immediate need to resolve this issue, since the provisions relating to a reduced number of MPs will not take effect until 2015. The Government therefore intends to reflect on the arguments made during the passage of this Bill”—

the Parliamentary Voting System and Constituencies Bill—

“and set out its plans once there is greater clarity on the composition of the second Chamber, including how many Ministers could be drawn from there.”

It seems as though the Government are moving in the same direction, but clause 2 of my Bill would be a bit more of a nudge in that direction. I hope that my hon. Friend the Minister will be able to confirm that the matter will be resolved during this Parliament. I certainly remain concerned about that.

--- Later in debate ---

[Mr Bone]

Is not one danger of having a smaller number of MPs to scrutinise the Government while also having an ever-increasing Executive that there will be more and more demand from people to split the powers and take the Executive out of the House of Commons? That would be a wrong move, but it is a danger because of the direction in which the Government are heading.

[Mr Chope]

As so often, my hon. Friend is probably on to a good point; one can almost read between the lines of the Command Paper to which I referred, which seems to suggest that the Government might increase the number of Ministers in the other place as a quid pro quo.

We need to put limits on the number of Ministers in this House. I suggest 80. At present, the maximum is 95. If we can have a leaner civil service and public sector, we can also have a leaner Government in terms of the number of Members who hold ministerial office, so I commend clause 2 to the House.

Clause 3 deals with Parliamentary Private Secretaries. At present, there is no limit on their number. Bearing in mind that they are used as lobby fodder, have responsibilities to their Ministers and are appointed by the Prime Minister and that if they step out of line by so much as supporting one of my Bills on a Friday their career as a PPS is at an end, we should give them recognition in statute and limit their number. I suggest that

“no more than 25 persons being the holders of the office of Parliamentary Private Secretary shall be entitled to sit and vote in the House of Commons at any one time.”

That would be roughly one PPS to each Secretary of State, which would be more than ample.

The provision would not stop the Government doing what they do at the moment, which is to appoint people who are not given the title of Parliamentary Private Secretary; they are advisers, deputy chairmen or vice-chairmen of the party or they have a special responsibility in this or that Department—all part of the patronage system. The Bill would not stop that, but it would at least prevent the number of Parliamentary Private Secretaries from increasing as it is at the moment. A side-effect of my proposal is that we would have to put on the public record who the Parliamentary Private Secretaries are and where they are; at the moment, that information is not easily available.

Clause 4 deals with ministerial office in the other place, to try to ensure that we do not end up with a bloated Executive there after any reforms that may be introduced. Although the Parliamentary Secretary, Cabinet Office, tells us that there will be a draft Bill, who would be so bold as to put their money on its being enacted before the next general election? I suspect the odds might be similar to those on Ireland beating England at cricket the other day.

Clause 4 is important because the provision that states that

“Not more than 10% of those persons who are entitled to sit and vote in the House of Lords at any one time shall be the holders of Ministerial offices”

will apply even if there has been no reform of the other place before the next general election. I thought 10% was a generous quota; if there were 600 Members, there would be a maximum of 60 Ministers in the other place.

Of course, there is no point in limiting the number of Ministers if we cannot also limit the number of Parliamentary Private Secretaries in the other place, so clause 5 would provide that not more than 3% of those

“who are entitled to sit and vote in the House of Lords at any one time shall be holders of the office of Parliamentary Private Secretary.”

This is a short, straightforward, easily understood and transparent piece of legislation.

[Mr Bone]

I think my hon. Friend is about to reach a conclusion. Before he does so, will he tell us whether he has had a letter of support for the Bill from the Prime Minister? The measure is entirely in line with the Prime Minister’s very powerful speech of 26 May 2009—“Fixing broken politics” .

[Mr Chope]

I have not got a copy, but I am sure that if we give the Minister a chance to speak he will quote from the Prime Minister’s letter of support. I am sure that the Prime Minister is on our side. We are members of the legislature; he is, for the time being, the leader of the Executive, but he recognises the importance of the legislature having a bigger role in holding the Executive to account, and the Bill is designed to achieve that.

--- Later in debate ---

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

I congratulate my hon. Friend the Member for Christchurch (Mr Chope) on bringing this Bill, as well as the Further and Higher Education (Access) Bill, before the House on one Friday. Thinking back to the time when he and I were in opposition, I do not remember him being as keen for private Members’ Bills to make progress as he is when his own name is attached to them. I seem to remember that he was keen for them to make little progress.

The speech from the hon. Member for Hammersmith (Mr Slaughter) was probably the shortest Friday speech that I have ever heard from him. He used to wax lyrical on Fridays.

One of my hon. Friend’s key points in his opening remarks on the Bill was how widely those views were shared. I note that his Bill has 11 supporters on both sides of the House. I looked carefully around the House as my hon. Friend was setting out his case. He may correct me if I am wrong, but I did not manage to spy a single one of the 11 supporters of the Bill who had troubled themselves to attend the House today to lend their support in person. My hon. Friend the Member for Wellingborough (Mr Bone) is looking at me askance, but I look carefully at the names on the Bill and I do not see his name among them.

[Mr Bone]

I and other Members were eager to sign our names to the Bill, but unfortunately there was no space. We would probably have had about 100 names on it otherwise.

[Mr Harper]

I take my hon. Friend’s point, but if he is correct—I have no reason to think otherwise—about the incredible support for the Bill, it is surprising that of the 11 Members who beat him in getting their names attached to the Bill, none of them have troubled themselves to be here. Given that my hon. Friend has taken the trouble to be present, he might want to have a conversation with some of those who supported the Bill.