All 2 Robert Courts contributions to the European Union (Withdrawal Agreement) Act 2020

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Fri 20th Dec 2019
European Union (Withdrawal Agreement) Bill
Commons Chamber

2nd reading & 2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons & 2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons & Ways and Means resolution & Ways and Means resolution: House of Commons & 2nd reading & Programme motion & Money resolution & Ways and Means resolution
Wed 8th Jan 2020
European Union (Withdrawal Agreement) Bill
Commons Chamber

Committee stage:Committee: 2nd sitting & Committee: 2nd sitting: House of Commons & Committee: 2nd sitting & Committee: 2nd sitting: House of Commons

European Union (Withdrawal Agreement) Bill Debate

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Department: Cabinet Office

European Union (Withdrawal Agreement) Bill

Robert Courts Excerpts
2nd reading & 2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons & Money resolution & Programme motion & Ways and Means resolution
Friday 20th December 2019

(4 years, 3 months ago)

Commons Chamber
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Robert Courts Portrait Robert Courts (Witney) (Con)
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I, too, extend my congratulations to Mr Speaker, on this my first time speaking after the election, although of course he is not in the Chair at the moment. I also congratulate the hon. Member for Cambridge (Daniel Zeichner) on his speech. As always, I think he argued his case with eloquence and courtesy, even if I did not agree with quite everything he said.

This has been a challenging election for us all—the hon. Member referred to it being a December election—and I give my thanks above all to the people of West Oxfordshire for having returned me again. I am very humbled and grateful for the trust they have put in me. Not only did they have to endure a December election, but it was the third general election in three years for them and me. In every electoral contest since 2015, we have promised to do as we were instructed on the question of Britain’s place in the EU, and that is what we have a chance to do today: to show that we will do as were told and what we said we would do.

Now is also an important time for us to put to bed the question of this country’s place in Europe. That question has bedevilled and tormented this country for longer than I have been alive. I am clear, from speaking to people in my constituency and around the country, that while the people of this country warmly welcome a relationship of trade, co-operation and culture, they never wanted to be part of a political union, but inexorably that is the direction in which the EU has been heading for many years, certainly since the advent of the euro. We have a chance tonight to bring the country together by putting this question to bed.

The free trade agreement destination, which the Bill leads to, will unify the British people by giving them the chance to step outside ever closer political union while maintaining the strong links of culture, friendship, co-operation and trade that we all warmly welcome. The hon. Member for Cambridge asks how we represent and recognise the concerns of those who voted to remain. That is how I propose we do that—by ensuring close links of trade, friendship, culture and co-operation.

There is something else we can do to show that we are not just a talking shop in this House, arguing and bickering among ourselves and failing to make decisions, but that we can actually move the country forward. If there is one other thing I have heard that people desperately want, it is for us to move on and stop the endless bickering, arguing, changing our mind and failing to show leadership and decision. Ultimately, that leadership is what we are here for; we are sent here to take decisions. We have the chance to do that today.

When I listened to the Leader of the Opposition earlier, it was so dismaying to realise that there is a cold vacuum at the heart of Labour where there should be a policy. He seems to have learned nothing from the preceding six weeks; if you do not keep the promises you make to the electorate at an election, they punish you. He fell back on the same tired scapegoating about how we are going to sell the NHS to Donald Trump—we are not—and how we are going to lead a charge to the bottom on safety standards. We heard the scaremongering about maggot-infested orange juice that the Leader of the Opposition has been using for months and which has already been comprehensively debunked. Again, he fell back on tired old scaremongering, because the Opposition have nothing else to offer.

Instead, we have a return to full democratic self-government, which should be welcomed by everybody, no matter which side of the argument they hail from. That is something to welcome and cherish, no matter which side of this argument people come from. I urge everybody, when they go through the Lobby this afternoon, to welcome that and to look forward to the future with positivity and hope.

European Union (Withdrawal Agreement) Bill Debate

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Department: Northern Ireland Office

European Union (Withdrawal Agreement) Bill

Robert Courts Excerpts
Committee stage & Committee: 2nd sitting: House of Commons & Committee: 2nd sitting
Wednesday 8th January 2020

(4 years, 2 months ago)

Commons Chamber
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Geraint Davies Portrait Geraint Davies
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That is very helpful. Let us get this point clear. Something like 44% of our trade goes to the EU, so it is enormously important to us. However, less than 5% of the EU’s trade overall comes to the UK. There is a balance of power, and it is the case that two EU countries—the Netherlands and Germany—have a significant trade surplus with the UK, but the others do not. The EU will quite reasonably, as a bloc, want to protect its standards, its environment and its workers’ rights and not be undercut.

We have seen that already in terms of sovereignty, because we want a better environment, but the Government have already decided to withdraw from the carbon trading system, so we will have our own carbon tax. However, my understanding of the Government proposal for the carbon emissions tax is that we will charge £16 a tonne and the EU will tax £25 a tonne. In other words, we are already becoming a sort of pollution dumping ground. The more we diverge negatively away from the EU, the less we will be able to trade and the more we will be in the hands of the US, the Chinese or whoever. That is not sovereignty; that is just being in the hands of others.

I accept your guidance, Sir Gary, and I think I have made my point. We will be poorer, weaker and more divided. This is not about sovereignty. This is about the abdication of sovereignty, and I deeply regret it.

Robert Courts Portrait Robert Courts (Witney) (Con)
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It is an honour to take part in this debate with you in the Chair, Sir Gary.

I want to make a few brief comments on clause 38. I want to say a word or two about parliamentary sovereignty and why the clause is necessary. We have heard the phrase “parliamentary sovereignty” a lot recently. It is much used and much misused. Although it is certainly a subject for debate, it can essentially be understood to mean that this place is the supreme law-making body in the country. It makes the law and cannot bind its successors, so the law can be changed. The law is made after an election, at which we stand on the basis of a set of promises. We then enact those promises, and at the following election, the electorate judge how well we have performed and whether we have kept those promises, and then they make a judgment at the ballot box accordingly.

--- Later in debate ---
Angus Brendan MacNeil Portrait Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
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I ask the hon. Gentleman to imagine a scenario in which the United Kingdom has a trade deal with America and this Parliament decides that it is going to say no to genetically modified or hormone-treated beef. How free and how sovereign does he think this Parliament will be in such a scenario? It will not be.

Robert Courts Portrait Robert Courts
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I am grateful to the hon. Gentleman for his intervention, because he illustrates precisely the point I am trying to make, which is about the nature of sovereignty. Sovereignty is held in this place, which makes the law and is the superior governing body. If there is a trade deal with the United States, the electorate will have a chance at the next election to have their say on whether they agree with it. If the hon. Gentleman’s or any other party wishes to change it, they can say so in their manifesto and stand for election accordingly. If elected, they will be able to enter negotiations to change it.

Angus Brendan MacNeil Portrait Angus Brendan MacNeil
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The hon. Gentleman is being very generous in giving way; I am grateful to him. Of course, a trade agreement requires a dispute resolution mechanism, and we currently have the European Court of Justice. When and if there is a trade deal with America, the dispute resolution mechanism will give away sovereignty and we will be back to square one.

Robert Courts Portrait Robert Courts
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No, that is a misunderstanding of the nature of a trade dispute body. Every treaty has to have some sort of dispute resolution—the hon. Gentleman is quite right about that. If there is a trade deal with the United States or any other body, there will of course be a trade dispute resolution, but it will adjudicate on the terms of the agreement approved in this House. The major difference with the ECJ is the one to which I have already referred: its judicial activism. It creates law that is over and above and has to be applied by this House, whereas when law is made by our domestic judges, this House can enact legislation to override it.

Philippa Whitford Portrait Dr Whitford
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Does the hon. Gentleman recognise that investor dispute-settlement resolution systems in existing treaties are very one-sided? They allow private business to sue the Government, but do not allow Governments to sue business for deaths from smoking, pollution or other damage that they have caused.

Robert Courts Portrait Robert Courts
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We are certainly getting into the technical detail, which is exactly what we should do at this stage. The hon. Lady ignores the independent element that takes place in any such independent arbitration mechanisms in interrnational trade organisations.

Geraint Davies Portrait Geraint Davies
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Will the hon. Gentleman give way?

Robert Courts Portrait Robert Courts
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I will not—I have taken a number of interventions and have made my point. I will conclude simply with why clause 38 is necessary and why amendment 11 misses the point.

Parliament consented to the European Union’s lawmaking structures while we remained members of the European Union. That consent will be withdrawn when the 1972 Act is repealed and we are in the implementation period. We do not want to be forced into a dynamic alignment in which rules that we have no say over are passed. We need to make it clear that Parliament retains the right to disagree and diverge from those rules if it wishes. For those reasons, the clause is entirely accurate and needed, and the amendment simply misunderstands that.

Patrick Grady Portrait Patrick Grady
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I have enjoyed sitting here for the past couple of hours watching the Maastricht rebels’ farewell reunion tour, although it appears that they are getting some young recruits. Fair play to them; they have been trying for 40 years and think that they will achieve what they have always wanted. I feel slightly sorry for them because I do not know what they will do after 31 January.

We heard all the greatest hits: “Supreme lawmaking body,” “Brussels bureaucrats,” “Common Market,” “No taxation without representation,” and of course the platinum hit, “Parliamentary sovereignty,” which has been enshrined in the Bill for absolutely no reason at all, as was said by the hon. Member for Bristol West (Thangam Debbonaire) and my hon. Friend the Member for Central Ayrshire (Dr Whitford).

As the hon. Member for Witney (Robert Courts) touched on, as far as the UK constitution is concerned, Parliament has shared and will continue to share its sovereignty. The devolution settlement effectively did that by recognising the desire of the people of Scotland, Wales and Northern Ireland and other regional Assemblies. Power has been devolved from this place, and are we not all grateful for that? The notion of restoring parliamentary sovereignty is completely unnecessary and is a total showpiece in the Bill. Power has always been shared across the European Union and across the United Kingdom.

The right hon. Member for Wokingham (John Redwood) appears to be a reborn federalist. Perhaps that could be a new solo career now that the band is coming to the end of its tour. I will happily join him in further devolution and the assertion of federalism across the United Kingdom, if that is what he wants to do. He should be worried, however, because parliamentary sovereignty is not being restored by the clause or the Bill as a whole.

In fact, the Bill represents a power grab, first from the devolved Assemblies, by taking back the right to legislate without their consent. The Bill is an example of that. As we speak, the Scottish Parliament is withholding its consent for the Bill, but this House will ride roughshod over it tonight and tomorrow. This is also a power grab by the Executive, because sweeping Henry VIII powers are included in the Bill and in accompanying Brexit legislation that has already been passed.

The Brussels bureaucrats—that favourite hit of the Maastricht rebels—are being replaced by the new one-hit wonder of the Whitehall mandarins, except it will be one hit for the rest of time if this Parliament does not stand in the way of what the Executive are trying to do.

In fact, we are not restoring anything great here. I would be interested in an answer from the Minister at some point on whether the European Statutory Instruments Committee will be reconvened in this Parliament. It was one of the achievements of the European Union (Withdrawal) Act 2018 to enshrine that Committee in statute for the lifetime of the previous Parliament, so let us see the Committee come back if scrutiny and sovereignty are so important to this Government.

This place will be diminished in its powers and sovereignty, and in due course, it will be reduced in its numbers because 59 Scottish MPs will not be sitting here anymore when Scotland’s power and sovereignty are restored to its Parliament, which will be very happy to share them with its continental neighbours as a member of the European Union.