European Union (Withdrawal Agreement) Bill

William Cash Excerpts

3rd reading & 3rd reading: House of Commons
Thursday 9th January 2020 Commons Chamber

[Sir William Cash (Stone) (Con)]

Will the hon. Gentleman give way?

[Paul Blomfield]

It would not be the same debate if I did not. I am happy to do so.

[Sir William Cash]

I refer to what has just been said from the Scottish nationalist Benches because in fact this is about the United Kingdom, which made the treaty in the first place and abdicated its responsibility and its sovereignty, but is now reasserting its status within the United Kingdom. It is about parliamentary sovereignty, and it is also about democracy because that decision was taken by the British people in the full knowledge of the voters of the United Kingdom, not any one part of it.

[Paul Blomfield]

I take the hon. Gentleman’s point. We had a whole debate around sovereignty in which my hon. Friend the Member for Bristol West (Thangam Debbonaire) made some very astute observations, but the hon. Gentleman needs to recognise my underlying point: the decision of the general election is not a mandate to bulldoze through a particular version of Brexit at any cost on all the peoples of the United Kingdom, and the next few months must be approached with sensitivity and caution if we are to stay together as a United Kingdom.

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[Dr Philippa Whitford (Central Ayrshire) (SNP)]

I beg to move,

That this House declines to give a Third Reading to the European Union (Withdrawal Agreement) Bill because the Scottish Parliament has not consented to those parts of the Bill which encroach on devolved competencies, and because it fails to take into account the fact that the people of Scotland voted overwhelmingly to remain in the European Union; and further believes that the Bill is not fit for purpose as it continues to undermine the fundamental principles of the Scotland Act 1998 by reserving to the UK Parliament powers that would otherwise be devolved to the Scottish Parliament upon the UK leaving the European Union.

I congratulate you, Mr Deputy Speaker, on your new position in the big comfy chair—hopefully you have your feet up on the footstool.

I thank all the staff of the Public Bill Office and the Clerks for the support that they have given right across the House in helping to put the Bills together and in helping Members to draw up and submit amendments, which is no easy thing for many of us. They have had to do that through all the stages of Brexit legislation, and all of us should thank them for their work.

Despite all the understandable triumphalism after winning the election in England, we see in this Prime Minister’s deal the potential of a repeat of the Brexit saga of the last three and a half years, as through hubris he is making similar mistakes to his predecessor. She painted herself into a corner with her red lines before carrying out an economic assessment to decide what form of Brexit would be least damaging. There has been no economic assessment of this deal. The last one was in 2018, on the Chequers “cake and eat it” plan, which was such a fairy tale that we could hear the unicorns galloping down Whitehall.

The former Prime Minister launched the article 50 process, with its fixed end-date and the clock ticking all the time, without a scooby as to what the UK actually wanted to ask for from the EU. This Prime Minister has made it illegal to extend transition despite the fact that 11 months is a ridiculously short time to negotiate even a basic free trade deal, let alone the complex shopping list of the political declaration.

The former Prime Minister kept her cards close to her chest, so Parliament had no input or influence on the withdrawal deal as it developed. The removal of clause 31 from the Bill means that Parliament, and indeed devolved Governments, will have no influence on the future relationship with the EU, despite the impact on all our constituents and local industries.

The former Prime Minister was then terribly shocked that, when she finally produced her deal, it was such a flop, drawn like a lifeless rabbit out of a hat and rejected by those on both sides of the Brexit debate, including the current Prime Minister. Members of this House are being sidelined and can therefore only wonder what the future relationship will look like when it is eventually unveiled in December.

[Sir William Cash]

I say, first, how much I respect the hon. Lady. She sits on the European Scrutiny Committee, which I have had the honour to Chair for some time.

On the question of how the negotiations were conducted—as she knows, we have been conducting our investigation into that—a very important point that we made was that the terms and conditions were set by the European Union and accepted by the UK. That will change now because of the general election result—I just thought that I would make that observation.

[Dr Whitford]

I thank the hon. Gentleman for his contribution. I think that the tone was set when we saw the former Brexit Secretary, the right hon. Member for Haltemprice and Howden (Mr Davis), turn up to the first meeting with not a piece of paper in his hand to meet the EU negotiators. That was rather naive.

Early in her premiership, the former Prime Minister spoke of consulting across the House, and across the UK, before she went to Europe, but she never did. This Prime Minister has sought no common ground, within this Parliament or with the devolved nations, despite the fact that two of them voted to remain.

Brexit was never defined during the referendum. Indeed, Nigel Farage and some of the most ardent Brexiteers suggested that of course the UK would stay in the single market—that it would be madness to leave. They just wanted to get back to a common market.

The Scottish Government’s report, “Scotland’s Place in Europe”, put forward as early as December 2016— three months before the article 50 letter was sent—the compromise proposal that the UK should stay in the single market and customs union. With a 52:48 referendum result, that might even have provided the basis of a compromise between leavers who did not want closer political union and remainers who wanted to keep as many EU benefits as possible. However, if England and Wales wanted to diverge further, the proposal was that Scotland and Northern Ireland should be allowed to stay in the single market and customs union, which would have respected how those nations voted.

Sadly, the proposals were dismissed by the Government out of hand, and the fact that 62% of Scottish voters voted to remain has been completely ignored, with no quarter given and no compromise offered. Indeed, Scotland and the majority of her elected representatives have been treated with growing disrespect in this place over the last three and half years. I gently point out that we do actually have television and the internet in Scotland and that this is being seen by the Scottish people.

Our request for a devolved or, at least, regionalised immigration process after Brexit has also been dismissed, despite Scotland’s demographic need for immigration. We have to be able to ensure that EU citizens, who have made their home in Scotland—including my other half—can stay without being exposed to the notorious hostile environment of the Home Office, but, in future, we also need to be able to attract immigrants from Europe and across the world. With the risk to our public services and key industries such as tourism and farming, and the threat of depopulation in the highlands and islands, this UK Government are certainly not acting in Scotland’s interests.

The UK Government have already taken the overall power to set the rules in 24 areas of devolved competence. All that the Scottish and Welsh Governments requested was that any new UK frameworks should be agreed rather than imposed, but the Tory Government refused—hardly the respect agenda that we used to hear so much about. With the inclusion of fishing, farming, food standards, food safety and food labelling, as well as public procurement, it is clear that this is about being able to tie up Scotland and sell it out in a trade deal. This power grab already drives a coach and horses through the Scotland Act 1998, but in voting down yesterday my simple amendment to protect the devolution Acts from sweeping delegated powers we saw a Government taking power to alter the devolution settlement without even parliamentary scrutiny.

Last night, the Scottish Parliament voted by 92 to 29 to withhold legislative consent from the Bill, due to the risk that it poses to Scotland and the current devolution settlement. Ignoring this voice and riding roughshod over the legislative consent process after 20 years of devolution will undermine the very Union that Conservative Members protest to hold so dear.

[Mr Owen Paterson (North Shropshire) (Con)]

I heartily congratulate you on your re-election, Mr Deputy Speaker, and I wish you and the new team the very best of luck in your endeavours as you work with the new House.

I congratulate the hon. Member for Central Ayrshire (Dr Whitford) on her speech. She made her points very well, but she will not be surprised that I disagree with virtually every single word. Above all, I disagree with her attitude and the gloom and the misery on the Opposition Benches, when I see this as a day of great celebration.

I also congratulate the hon. Member for Weaver Vale (Mike Amesbury) on coming top of the private Members’ Bill ballot today; I hope he chooses a subject that gets agreement across the House. A long time ago, in 2005, I came 16th in the ballot. I must acknowledge the part played by my near constituency neighbour, my hon. Friend the Member for Stone (Sir William Cash). He and I worked together closely drafting a private Member’s Bill, the European Communities Act 1972 (Disapplication) Bill, in which was used the memorable “notwithstanding” phrase, in clause 1(2):

“This subsection applies to any enactment which includes the words: ‘The provisions of this enactment shall take effect notwithstanding the provisions of the European Communities Act 1972.’”

[Sir William Cash]

Is my right hon. Friend aware that the wording of this Bill’s parliamentary sovereignty clause, clause 39, which is about to pass its Third Reading, is exactly the same as that in our private Member’s Bill and in the amendment I tabled in 1986?

[Mr Paterson]

With great prescience, my hon. Friend makes exactly the point I was about to make. Here we are, 15 years later, and, moved by the Government, the “notwithstanding” clause is going into law, subject to the other place being sensible. I pay tribute to him. He has been mocked, traduced and insulted, but he has stood for the simple democratic principle that members of the public, every few years, are given the opportunity to vote for individual human beings to come to this place and make laws. If those laws are satisfactory, they will get re-elected; if not, they will get booted out. They will be sent here to raise money by extracting it compulsorily, by law, from people’s bank accounts—that is what taxation is—and if that money is well spent, they will be re-elected; if it is not, they will be kicked out. It is an incredibly simple, basic idea. I find it staggering that we are still today listening to miseries from the Opposition Benches cavilling about this simple principle.

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[Pete Wishart (Perth and North Perthshire) (SNP)]

It is a real pleasure to see you back where you belong, Mr Deputy Speaker—in the Chair—and I congratulate you on your stunning success in securing that position. I think that we have a fantastic team of Deputy Speakers, and I look forward to serving under you for years to come.

I wish I could say that it is a pleasure and a privilege to follow the right hon. Member for North Shropshire (Mr Paterson), but it is not. I think that I represent the almost extreme other side of the Brexit debate. I usually say that it is good to speak in a Third Reading debate, but unfortunately I cannot say that either. This is something that the people of Scotland will very much regret and mourn. We are not “leaving” the European Union; we are being taken out of the European Union against our national collective will, and believe me, Mr Deputy Speaker, that is something that will not stand.

As is conventional on Third Reading, I shall offer my congratulations to a series of speakers. I congratulate the Secretary of State—who has just departed—and his team on getting the Bill through the House of Commons. He is the one Secretary of State to be actually attuned with his Prime Minister, unlike a succession of others who did not quite see to eye with their Prime Ministers and the direction in which their Brexit was travelling. I also pay tribute to all the Opposition teams, and, in particular, to my hon. Friend the Member for Central Ayrshire (Dr Whitford), who has just assumed her new role and who, as always, has led our debate with such distinction and articulateness.

The people I most want to congratulate, however, are the real winners of today, the hard Brexiteers and the Farageists. Their success has been total, brutal and absolute. Not only have they managed to secure the hard Brexit that they have craved for years, but, with this Bill, they have kept in place the bullseye, the gold standard, of all hard Brexits—the possibility of a no-deal departure from the European Union. Their anti-European obsession will be quenched today: insatiable lifetime ambitions of wrenching this country out of the EU will be realised. Their victory is even more impressive because they started as a small, insignificant, cult-like fringe on the edge of the Conservative party. Such is their tenacity and commitment to the cause that they have now gone mainstream. Just one generation ago they were the B-A-S-T-ards of John Major folklore. Now they run the country. Their commitment to the cause has been so absolutely determined that they were prepared to bring down their own Prime Ministers to get their way—[Interruption.] And I shall give way to one of them now.

[Sir William Cash]

I thought it might be helpful if I could distinguish ourselves from what the hon. Gentleman described as the Farageists, for the simple reason that UKIP and now the Brexit Party were never going to form a Government. They could therefore never negotiate, nor could they legislate and nor could they deliver Brexit. They have now been reduced to dust by the decision that was taken by the British people, including in Labour leave marginal constituencies. It is the Conservative party that has now come back into its own and is doing the right thing for the right reason in the national interest.

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[Pete Wishart]

My hon. Friend makes a good and concise point. I want to return to some of these issues, and I hope that he will come back in, because I think that this is worth being aired, discussed and debated in this House. It is an important key issue—[Interruption.] I can tell that the high priest wants to come back in again, and I will obviously indulge him.

[Sir William Cash]

The Maastricht rebellion took place in 1992-93, long before either UKIP or the Brexit party was even really thought of.

[Pete Wishart]

There is a fascinating journal, account and book to be written about this, and I am looking forward to the hon. Member’s memoirs after all this.

I want to pay tribute to some of the other people who have won today, in the great victory of this Brexit. I know that the Conservatives will, uncharitably, not do this, but somebody has to congratulate Nigel Farage. It is his vision that has been realised today. Without Nigel Farage, there would be no Brexit. Without the pressure that was put on the Conservative party from whatever incarnation of his party existed at the time, there would not be the hard Brexit that they are all celebrating today. Come on, Conservatives—give the man a peerage, for goodness’ sake! He, more than anybody else, deserves it. And wouldn’t it be comedy gold for a man who rails against unelected politicians to be given an unelected place in the legislature? Please do it, just for the comedy value.

We are not just passing a piece of legislation today. We are actually entering into a new age, a new epoch: the age of hard Brexitism. Everything that this House does from this point on will be informed and directed by this new atmosphere, culture and direction of the United Kingdom. I am trying to think of a poster boy for the new hard Brexit age, and the only thing that comes to my mind is the right hon. Member for Rayleigh and Wickford (Mr Francois) in combat casuals flying a Spitfire to the sound of hope and glory heading straight to the ground because his aircraft has suffered engine failure. That is the image that comes to mind in the new Brexit age, and God help us as we go forward. It is viciously right-wing and isolationist, and takes no account of the views of anywhere else around the whole world today. It is this new age of hard Brexit that we are now entering into.

I am looking around for some of the other hon. Members on the Conservative Benches. Obviously the right hon. Member for North Shropshire is here, but I am looking for the newly knighted dark lord of Brexit austerity, the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith). He is not in his place, and neither is the right hon. Member for Wokingham (John Redwood), who so excited us with his tales of English nationalism. None of them is here, but all of them have to be congratulated. They are now the mainstream of the Conservative party. They effectively manipulated what was a moderate centrist party to become this party of Brexit extremists. They booted out all the moderates; none of them is here now. There is no debate or discussion, or any sort of contradiction of the views of hard Brexiteers any more, because they have booted all the moderates out. This is the new Conservative consensus, and I hope that the party today in the Bulldog Club is generous and full of largesse, and that they very much enjoy it.

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[Sir William Cash (Stone) (Con)]

First, Mr Deputy Speaker, I congratulate you on your successful re-appointment. Thank you for everything you have done for us in the past.

I welcome the hon. Member for Putney (Fleur Anderson) to the House of Commons. Her speech was very measured. I do not agree with much of it, as she will expect, but it is a pleasure to have her in the House. I worked extremely closely with her predecessor, Justine Greening. The hon. Lady may not know this, but the International Development (Gender Equality) Act 2014, which I introduced as a private Member’s Bill, got through despite being 16th in the ballot largely because of the support I had from her predecessor, as well as Opposition Members and many others, including Glenys Kinnock and Mariella Frostrup. Justine Greening put real effort and determination into getting the Bill through and it was a real privilege for me to work with her. The purpose of the Bill was to make sure that women and children in the third world and developing countries were protected against female genital mutilation and things of that sort. In saying all that, I want to make it clear that there is a degree of continuity of some sort between the hon. Lady’s speech and mine, although I have to dissociate myself from remarks of hers on which I will not comment right now.

I always enjoy speeches by the hon. Member for Perth and North Perthshire (Pete Wishart)—they are such fun. He comes at us 100% and there is never any let-up. I pointed out that we Maastricht rebels—I had the honour to lead that rebellion in 1992-93—acted as we did because for us it was about democracy and the benefits that will now come to us as we leave the European Union. The European Union was going to take the democratic decision making of this country and hand it over to what was, in effect, a European government. As I said yesterday, parliamentary sovereignty and democracy run together. We are not “hard Brexiteers”; we are democrats. We are people who believe that this country should be governed by the people, that people should be governed by themselves, and I would have thought that SNP Members, above all others, understood that.

[Angus Brendan MacNeil]

Will the hon. Gentleman give way?

[Sir William Cash]

In a minute. It may surprise the hon. Gentleman to hear that, while I am a fervent believer in the United Kingdom, which includes Scotland, Northern Ireland, Wales and England, I do understand, for reasons not far removed from my reasons for wanting the UK not to be subjugated to the European Union, why the hon. Member for Perth and North Perthshire and his colleagues indulge this passion—understandable but wrong—for leaving the United Kingdom. I understand where they are coming from, so to that extent I appreciate some of the remarks he made, but I disagree fundamentally regarding the outcome they desire. It would lead to a lot of trouble for Scotland were it to leave the United Kingdom, as the referendum demonstrated.

The European Union (Withdrawal Agreement) Bill is not just about Brexit. It is primarily about the United Kingdom and our future. The reason why we adopted the position we took on Maastricht, and later on Nice, Amsterdam and Lisbon, and in the debate of the past few years and on the referendum, hinges on one simple principle: the ability of the people of this country to govern themselves through their elected representatives on the basis of their free choice in general elections. We are not little Englanders or trying somehow to make our country less democratic. We fought this battle for democracy and the rights of our own people, our own voters. That is why I am delighted that we now have a significant majority and will be able to put into effect the right of the British people to govern themselves through a range of policies, unconstrained by the European Union and the European Commission.

[Angus Brendan MacNeil]

The argument the hon. Gentleman is making about voters getting who they vote for and governing themselves is pertinent in Scotland. His party have been rejected by 75% of the people of Scotland. We have an unelected Tory Government governing Scotland. Surely he sees the justice of being able to ask the Scottish people whether they want to continue with a Government that 75% of them have rejected, and what they want to do about the European Union, where 62% of them want to remain.

[Sir William Cash]

If the people of Scotland ever were to obtain independence and stay in the European Union, the extent to which they would be subjugated in a range of areas—fishing and many others—would become very apparent to them. That would be extremely damaging to the Scottish economy. Through the qualified majority votes of other countries, Scotland would find that, as a relatively small country, the experience would not be at all advantageous.

[Sir Charles Walker (Broxbourne) (Con)]

Is it not so nice, after so much anguish over the past three years, that tonight we are at last delivering on the result of this referendum, a democratic vote that we are now respecting?

[Sir William Cash]

I so much agree with what my hon. Friend has said, because he has been with us right the way through the passage of this over the past decade and more. People on this side of the House have fought, sometimes against the establishment, in order to achieve this objective. I can only thank the British people with all my heart for the decision they have taken. We have been the catalysts. We have tried to present the arguments. If the hon. Member for Perth and North Perthshire is right at all, it is about the fact that there has been a victory in the general election: the British people have spoken and they have supported the idea of leaving the EU, and we will do so accordingly on 31 January.

I wish to make a further point. The decision to leave was taken by the British people, but not on a party political basis. The argument in this House always gravitates around party politics, but the decision in the referendum was taken by the British people in their individual homes; at breakfast or on the night before they sat around and talked to one another, asking, “What are we going to do tomorrow?” They made that decision but then found that remainer MPs, whether on the Opposition Benches or even on our Benches, were repudiating the decision that the individual voters had made, whether they came from Labour, Liberal Democrat or, more likely, Conservative constituencies. They deeply resented the fact that they had decided, with their families, to go to the ballot box to vote to leave the EU in that referendum and then found, to their intense annoyance, fury and disappointment, that their Member of Parliament had used the position they had in this House to frustrate the decision that the people had taken. That is why so many Labour Members lost their seats. People in this House did not appreciate the fact that in Labour leave marginals—in particular, in places north of Coventry in coal and steel communities—the European Coal and Steel Community and the massive subsidies given to the other countries had deprived people of their livelihoods, with much of the collapse of the steel and coal industry being driven by the anti-competitive nature of the European Coal and Steel Community framework. If we were to take a map of the UK and superimpose upon it the coal and steel communities, we would see a direct correlation with the decisions taken in the general election, when people drove out Labour Members of Parliament because they were not doing what voters wanted them to do. They wanted to leave the EU, and the Labour Members who were driven out had refused to allow them to determine their own constituency and national interest. That is where the problem lies. The Labour party simply cannot bring itself, even now, to understand the feelings of the people north of Coventry and in other parts of the country who found that their own Member of Parliament had let them down.

There was a simple reason for the referendum: it was clear that the collusion between the two Front-Bench teams in 1992-93 would lead to our having to stay in the European Union and accept the Maastricht treaty. That was what the referendum was all about. We now have a huge opportunity, in a completely new environment where we take control of our own laws in this House in accordance with proper democratic principles, to create a new global trading relationship to ensure that we are able not only to govern ourselves but to work in co-operation with other countries on our own terms, not on the terms that were laid down by the European Union. I look to the Secretary of State in the full knowledge that he and the Prime Minister, and any other Ministers involved in developing policies on the European Union over the next year or two, will do so on our terms and conditions and not those imposed upon us by the European Union.

This is a great moment in our democratic history; furthermore, it is a great tribute to the British people, who listened to the arguments that were presented to preserve their democracy. I have said this before and I will never apologise for saying it: the decisions were taken for democratic reasons. That is why we have ended up getting back our sovereignty, which we abdicated in 1971, after which we gradually gave up the veto. We will now be able to govern ourselves. It is a great tribute to the British people, and to the Members of Parliament who were returned in the election, that they will, through the majority we now have and with our Prime Minister, guarantee that this country will have a bright and effective future.