Cass Review

Debate between William Cash and Rosie Winterton

Monday 15th April 2024 Commons Chamber

[Sir William Cash (Stone) (Con)]

Although I would like to believe that many of these problems will be resolved by guidance and by changing the administrative rules, and things of that kind, I fear that the real problem is much deeper. It is about the manner in which, over the last generation, we have introduced legislation that has facilitated these arrangements. I am glad that the Government have passed the Online Safety Act 2023 to deal with the platforms on which a lot of this stuff has been spuriously put out by people with absolutely no moral compass.

I thank the Secretary of State for what she has said this afternoon, and for the robust and extremely effective manner in which she has said it, but please do not believe that this will be resolved just by changes to administrative rules. This is about a moral compass and telling the truth. The legislation, whether it is the Equality Act 2010, human rights law or whatever else it might be, will need to be changed.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I want to get everyone in, but we really cannot have mini-speeches. We need questions that the Secretary of State can answer briefly.

Safety of Rwanda (Asylum and Immigration) Bill

Debate between William Cash and Rosie Winterton

2nd reading
Tuesday 12th December 2023 Commons Chamber

[Sir William Cash]

No, I will not give way.

I am going to quote directly from Lord Hoffman himself in relation to an ECHR case. [Interruption.] This is the case of R. v. Lyons 2003. He states:

“the Convention is an international treaty and the ECtHR is an international court with jurisdiction under international law to interpret and apply it. But the question…is a matter of English law. And it is firmly established that international treaties do not form part of English law and that English courts have no jurisdiction to interpret or apply them…Parliament may pass a law which mirrors the terms of the treaty and in that sense incorporates the treaty into English law. But even then the metaphor of incorporation may be misleading. It is not the treaty but the statute which forms part of English law. And English courts will not (unless the statute expressly so provides) be bound to give effect to interpretations of the treaty by an international court, even though the United Kingdom is bound by international law to do so. Of course there is a strong presumption in favour of interpreting English law…in a way which does not place the United Kingdom in breach of an international obligation”—

but, and this is absolutely crucial—

“The sovereign legislator in the United Kingdom is Parliament. If Parliament has plainly laid down the law, it is the duty of the courts to apply it, whether that would involve the Crown in breach of an international treaty or not.”

That is what the law is. That is a straightforward interpretation and statement.

There is an issue that I want to come to. I praise my right hon. Friend the Member for Newark (Robert Jenrick) for his courage and for a brilliant speech, and endorse every word he said, but I would also like to say this: we want the Government to succeed in their legislation, but it has to be legislation that works. As I have explained, in relation to the Supreme Court, the whole question turns on the intention of Parliament and the sovereignty of Parliament. It is a question of justiciability as well. I put to my hon. and learned Friend the Minister for Illegal Migration that, when it comes to it, we can make changes to the Bill. It is possible to extend the scope of the Bill, and I hope he will have discussions with the Clerk of Public Bills, with whom I have had discussions already.

It is absolutely clear that the scope of the Bill will determine the amendments, whether from the Government or Back Benchers. It matters that we are entitled to have a proper debate on this fundamental question about international law and its relationship to sovereignty. The Bill, if enacted after Royal Assent, could be scuppered by one claimant and by the courts if the words of the Act are not clearly expressed and explicit in ruling out any such claim, for example under clause 4 or any other heading, such as rule 39 and all the other things we will no doubt trot out in Committee if we get there. We therefore have to address the question of the scope of the Bill, because that is the way that Parliament functions. That is the way Mr Speaker must decide on the selection of amendments, so it is crucial.

There is much more that I could say, but I let me end by drawing attention to the global issue. The fact is that throughout the European Union there is a real problem. They are tearing their hair out, because on the one hand they have the charter of fundamental rights, and on the other they are bound by qualified majority voting to comply with the situation, which is actually not the same for us. We have a unique opportunity, in our parliamentary system and with the sovereignty of Parliament, to be able to make amendments and provide domestic law that will satisfy the voters of this country.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee.

Online Safety Bill

Debate between William Cash and Rosie Winterton

Consideration of Lords amendments
Tuesday 12th September 2023 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I have three more speakers. I ask that colleagues bear that in mind so that I can bring in the Minister.

[Sir William Cash]

I would like to mention a very long journey in relation to the protection of children, because to my mind that is right at the heart of the Bill’s social value. I think it was Disraeli who said:

“The youth of a nation are the trustees of posterity.”

If we get it right in the early stages of their lives and we provide legislation that enables them to be properly protected, we are likely to get things right for the future. The Bill does that in a very good way.

The Bill also reflects some of the things in which I found myself involved in 1977—just over 45 years ago—with the Protection of Children Bill when Cyril Townsend came top of the private Member’s Bill ballot. I mention that because at that time we received resistance from Government Ministers and others—I am afraid I must say that it was a Labour Minister—but we got the Bill through as the then Prime Minister James Callaghan eventually ensured it did so. His wife insisted on it, as a matter of fact.

I pay tribute to the House of Lords. Others have repeatedly mentioned the work of Baroness Kidron, but I would also like to mention Lord Bethell, Baroness Morgan and others, because it has been a combined effort. It has been Parliament at its best. I have heard others, including my hon. Friend the Member for Folkestone and Hythe (Damian Collins) and my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright), make that point. It has been a remarkably lengthy but none the less essential process, and I pay tribute to those people for what they have done.

In retrospect, I would like to mention Baroness Lucy Faithfull, because back in 1977-78 I would not have known what to do if she had not worked relentlessly in the House of Lords to secure the measures necessary to protect children from sexual images and pornographic photography—it was about assault, and I do not need to go into the detail. The bottom line is that it was the first piece of legislation that swung the pendulum towards common sense and proportionality in matters that, 45 years later, have culminated in what has been discussed in the Bill and the amendments today.

I pay tribute to Ian Russell and to the others here whose children have been caught up in this terrible business. I pay specific tribute to the Secretary of State and the Minister, and also the Health Secretary for his statement yesterday about a national suicide strategy, in which he referenced amendments to the Bill. Because I have had a lot to do with him, I would like to pay tribute to Richard Collard of the National Society for the Prevention of Cruelty to Children, who has not been mentioned yet, for working so hard and effectively.

I pay tribute to my hon. Friend the Member for Penistone and Stocksbridge (Miriam Cates) for her work to help get the amendments through. The written ministerial statement came after some interesting discussions with the Minister, who was a bit surprised by our vehemence and determination. It was not chariots of fire but chariots on fire, and within three weeks, by the time the Bill got to the House of Lords, we had a written ministerial statement that set the tone for the part of the Bill that I discussed just now, to protect children because they need protection at the right time in their lives.

The NSPCC tells us that 86% of UK adults want companies to understand how groomers and child abusers use their sites to harm children, and want action to prevent it by law. I came up with the idea, although the right hon. Member for Barking (Dame Margaret Hodge) gave us a lot of support in a debate in this House at the time, and I am grateful to her for that. The fact that we are able to come forward with this legislation owes a great deal to a lot of people from different parts of the House.

I very much accept that continuing review is necessary. Many ideas have been put forward in this debate, and I am sure that the Minister is taking them all on board and will ensure that the review happens and that Ofcom acts accordingly, which I am sure it will want to. It is important that that is done.

I must mention that the fact we have left the European Union has enabled us to produce legislation to protect children that is very significantly stronger than European Union legislation. The Digital Services Act falls very far short of what we are doing here. I pay tribute to the Government for promoting ideas based on our self-government to protect our voters’ children and our society. That step could only have been taken now that we have left the European Union.

Research by the NSPCC demonstrates that four in five victims of online grooming offences are girls. It is worth mentioning that, because it is a significant piece of research. That means that there has to be clear guidance about the types of design that will be incorporated by virtue of the discussions to be had about how to make all this legislation work properly.

The only other thing I would like to say is that the £10-million suicide prevention grant fund announced yesterday complements the Bill very well. It is important that we have a degree of symmetry between legislation to prevent suicide and to ensure that children are kept safe.

Duty on Shopping: UK Entry Points

Debate between William Cash and Rosie Winterton

Wednesday 6th September 2023 Commons Chamber

[Sir William Cash (Stone) (Con)]

Will my hon. Friend give way?

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. No. The hon. Gentleman has only just come into the Chamber. This is an Adjournment debate, and he should have been here from the beginning to intervene, as he knows.

Privilege: Conduct of Right Hon. Boris Johnson

Debate between William Cash and Rosie Winterton

Monday 19th June 2023 Commons Chamber

[Sir William Cash]

On the point the hon. Gentleman was just making—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I think the hon. Member for Rhondda (Sir Chris Bryant) is giving way to Sir Jacob Rees-Mogg.

Illegal Migration Bill

Debate between William Cash and Rosie Winterton

Committee stage
Monday 27th March 2023 Commons Chamber

[Sir William Cash (Stone) (Con)]

I beg to move amendment 133, page 40, line 7, at end insert—

“(2A) A suspensive claim, or an appeal in relation to a suspensive claim (only as permitted by or by virtue of this Act), shall be the only means through which a removal notice may be challenged.

(2B) Accordingly, other than claims identified in (2A), there shall be no interim relief, or court order, or suspensive legal challenges of any kind, available which would have the effect of preventing removal.”

This amendment intends to ensure that the only way to prevent a person’s removal is through a successful suspensive claim.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Amendment 76, page 40, line 8, leave out from “means” to the end of line 12 and insert—

“(a) a protection claim,

(b) a human rights claim, or

(c) a claim to be a victim of slavery or a victim of human trafficking.”

Amendment 77, page 40, line 22, after “a country or territory” insert

“where there are, in law and in practice—

“(i) appropriate reception arrangements for asylum seekers;

(ii) sufficiency of protection against serious harm and violations of fundamental rights;

(iii) protection against refoulement;

(iv) access to fair and efficient State asylum procedures, or to a previously afforded refugee status or other protective status that is inclusive of the rights and obligations set out at Articles 2-34 of the 1951 Convention.

(v) the legal right to remain during the State asylum procedure; and

(vi) if found to be in need of international protection, a grant of refugee status that is inclusive of the rights and obligations set out at Articles 2-34 of the 1951 Convention and”.

This amendment changes the definition of a “third country”.

Clause stand part.

Clause 38 stand part.

Amendment 78, in clause 39, page 41, line 19, leave out “not”.

Amendment 79, in clause 39, page 41, line 22, leave out “no” and insert “a”.

Amendment 134, in clause 39, page 41, line 28, leave out subsections (3) to (5) and insert—

“(3) The Secretary of State must declare as inadmissible any human rights claim, protection claim, application for judicial review, or other legal claim which is not a suspensive claim or an appeal in relation to a suspensive claim, and which, if successful, would have the effect of preventing the removal of a person from the United Kingdom under this Act.”

This amendment intends to ensure that the only way to prevent a person’s removal is through a successful suspensive claim, as defined in clause 37.

Amendment 80, in clause 39, page 41, line 37, leave out “no” and insert “a”.

Clause 39 stand part.

Amendment 81, in clause 40, page 42, line 10, leave out from “and” to the end of line 16 and insert

“decide whether to accept or reject the claim.”

Amendment 82, in clause 40, page 42, line 17, leave out subsection (3).

Amendment 83, in clause 40, page 42, line 30, leave out “compelling evidence” and insert

“evidence that there is a real risk”.

Amendment 84, in clause 40, page 42, line 34, leave out from the start of paragraph (b) to the end of subsection (5).

Amendment 85, in clause 40, page 43, line 1, leave out “8” and insert “21”.

Amendment 86, in clause 40, page 43, line 3, leave out “4” and insert “7”.

Clause 40 stand part.

Amendment 87, in clause 41, page 43, line 20, leave out subsection (3).

Amendment 88, in clause 41, page 43, line 28, leave out “compelling evidence” and insert

“evidence on the balance of probabilities”.

Amendment 89, in clause 41, page 43, line 31, leave out from the start of paragraph (b) to the end of subsection (5).

Amendment 90, in clause 41, page 43, line 40, leave out “8” and insert “21”.

Amendment 91, in clause 41, page 43, line 42, leave out “4” and insert “7”.

Clause 41 stand part.

Amendment 92, in clause 42, page 44, line 18, leave out paragraph (a) and insert—

“(a) in the case of a serious harm suspensive claim—

(i) the grounds in section 84(1) or (2) of the Nationality, Immigration and Asylum Act 2002, or

(ii) the grounds that the person is a victim of slavery or a victim of human trafficking;”.

Amendment 93, in clause 42, page 44, line 25, leave out

“contain compelling evidence of such ground”

and insert

“set out the grounds for appeal”.

Amendment 94, in clause 42, page 44, line 27, leave out “must” and insert “may”.

Amendment 95, in clause 42, page 44, line 30, leave out “must” and insert “may”.

Amendment 96, in clause 42, page 44, line 34, leave out paragraphs (a) and (b) and insert

“whether to allow or refuse the appeal”.

Amendment 97, in clause 42, page 44, line 41, leave out subsection (7).

Clause 42 stand part.

Amendment 98, in clause 43, page 45, line 14, leave out from “considers” to the end of subsection (3) and insert

“there are reasonable grounds to believe that the claim is not bound to fail.”

Amendment 99, in clause 43, page 45, line 20, leave out

“there is compelling evidence that”.

Amendment 100, in clause 43, page 45, line 30, leave out subsection (7).

Clause 43 stand part.

Amendment 101, in clause 44, page 46, line 4, leave out “compelling” and insert “good”.

Amendment 102, in clause 44, page 46, line 5, insert at end

“or if the risk of serious and irreversible harm faced by the person is such that the claim ought to be considered despite it having been made after the end of the claim period”.

Amendment 103, in clause 44, page 46, line 6, leave out “compelling” and insert “good”.

Amendment 104, in clause 44, page 46, line 10, leave out “compelling” and insert “good”.

Amendment 105, in clause 44, page 46, line 12, leave out “compelling” and insert “good”.

Amendment 106, in clause 44, page 46, line 15, leave out paragraph (a) and insert—

“(a) set out the good reasons for the person not making the claim within the claim period, and”.

Amendment 107, in clause 44, page 46, line 18, at end insert

“unless the Upper Tribunal considers that an oral hearing is necessary to secure that justice is done in the particular case”.

Amendment 108, in clause 44, page 46, line 22, leave out subsection (7).

Amendment 109, in clause 44, page 46, line 30, leave out “4” and insert “7”.

Clause 44 stand part.

Government amendment 67.

Amendment 41, in clause 45, page 47, line 21, at end insert—

“(2A) In cases where subsection (2) applies to a person who has made a protection claim or a human rights claim, that claim may no longer be considered inadmissible.”

This amendment stipulates that where a person has successfully made a suspensive claim against their removal from the UK, any asylum or human rights claim made by that person can no longer be classed as inadmissible.

Government amendment 69 and 68.

Clause 45 stand part.

Amendment 110, in clause 46, page 48, line 1, leave out subsections (3) to (10).

Clause 46 stand part.

Amendment 111, in clause 47, page 48, line 34, leave out “7” and insert “10”.

Amendment 112, in clause 47, page 48, line 41, leave out “23” and insert “28”.

Amendment 113, in clause 47, page 49, line 7, leave out “7” and insert “10”.

Amendment 114, in clause 47, page 49, line 11, leave out “7” and insert “14”.

Amendment 115, in clause 47, page 49, line 18, leave out “7” and insert “10”.

Amendment 116, in clause 47, page 49, line 22, leave out “7” and insert “14”.

Clause 47 stand part.

Amendment 117, in clause 48, page 49, line 32, leave out “or refuse”.

Amendment 118, in clause 48, page 49, line 35, leave out “or refuse”.

Clause 48 stand part.

Amendment 119, in clause 49, page 50, line 17, leave out from “provision” to the end of subsection (1) and insert

“to ensure compliance with interim measures indicated by the European Court of Human Rights as they relate to the removal of persons from the United Kingdom under this Act.”

Amendment 122, in clause 49, page 50, line 30, at end insert—

“(2A) Regulations under subsection (1) may not make provision so as to deny or undermine the binding effect of such measures on the United Kingdom under Article 34 of the European Convention on Human Rights.”

This amendment would recognise that the UK is bound to comply with interim measures issued by the European Court of Human Rights, and would ensure that any regulations made under clause 49 do not undermine this. This amendment is consistent with recommendations made by the Joint Committee on Human Rights in its report on the Bill of Rights Bill.

Clause 49 stand part.

Amendment 120, in clause 50, page 51, leave out line 21.

Clause 50 stand part.

Amendment 179, in clause 51, page 53, line 3, leave out from “must” to the end of subsection (1) and insert

“within six months of this Act coming into force, secure a resolution from both Houses of Parliament on a target for the number of people entering the United Kingdom each year over the next three years using safe and legal routes, and further resolutions for future years no later than 18 months before the relevant years begin.”

This amendment seeks to enhance Parliament’s role in determining the target number of entrants using safe and legal routes.

Amendment 177, in clause 51, page 53, line 3, leave out “maximum” and insert “target”.

The purpose of this amendment is to set a target, rather than a maximum, number of entrants through safe and legal routes.

Amendment 180, in clause 51, page 53, line 6, leave out “making the regulations” and insert

“securing the resolution mentioned in subsection (1)”.

This amendment is consequential on Amendment 179.

Amendment 173, in clause 51, page 53, line 7, after “authorities”, insert—

“(aa) the United Nations High Commission for Refugees,

(ab) the Scottish Ministers,

(ac) the home affairs select committee of the House of Commons,”.

The purpose of this amendment is to broaden the scope of consultees on setting the target for the number of entrants using safe and legal routes.

Amendment 176, in clause 51, page 53, line 12, leave out “exceeds” and insert

“is greater or less than 10% of”.

The purpose of this amendment is to require the Secretary of State to explain the reasons why, if the target for entrants through safe and legal routes is not met.

Amendment 178, in clause 51, page 53, line 17, after “exceeds” insert “or falls short of”.

This amendment is consequential on Amendment 176.

Amendment 137, in clause 51, page 53, line 29, at end insert—

““Persons” means a person over the age of 18 on the day of entry into the United Kingdom;”.

This amendment would exclude children from the annual cap on number of entrants.

Amendment 72, in clause 51, page 53, line 31, at end insert

“under section [Safe and legal routes: regulations]”.

Amendment 149, in clause 51, page 53, line 31, at end insert—

“(7) Regulations under subsections (1) and (6) must come into force no later than three months from the date on which this Act comes into force.”

This amendment seeks to require that regulations to establish the cap on the number of people permitted to enter the UK via safe and legal routes must be in effect by three months from this Bill’s entry into force.

Clause 51 stand part.

Government new clause 11—Judges of First-tier Tribunal and Upper Tribunal.

Government new clause 12—Special Immigration Appeals Commission.

New clause 3—Refugee resettlement target—

“(1) The Secretary of State must make an order by statutory instrument setting an annual target for the resettlement of refugees to the United Kingdom.

(2) An order under subsection (1) must set an annual target of no fewer than 10,000 people.”

This new clause would require the Secretary of State to set a resettlement target, by order, each year of at least 10,000 people.

New clause 4—Humanitarian travel permit—

“(1) On an application by a person (“P”) to the appropriate decision-maker for entry clearance, the appropriate decision-maker must grant P entry clearance if satisfied that P is a relevant person.

(2) For the purposes of subsection (1), P is a relevant person if—

(a) P intends to make a protection claim in the United Kingdom;

(b) P’s protection claim, if made in the United Kingdom, would have a realistic prospect of success; and

(c) there are serious and compelling reasons why P’s protection claim should be considered in the United Kingdom.

(3) For the purposes of subsection (2)(c), in deciding whether there are such reasons why P’s protection claim should be considered in the United Kingdom, the appropriate decision-maker must take into account—

(a) the extent of the risk that P will suffer persecution or serious harm if entry clearance is not granted;

(b) the strength of P’s family and other ties to the United Kingdom;

(c) P’s mental and physical health and any particular vulnerabilities that P has; and

(d) any other matter that the decision-maker thinks relevant.

(4) For the purposes of an application under subsection (1), the appropriate decision-maker must waive any of the requirements in subsection (5) if satisfied that P cannot reasonably be expected to comply with them.

(5) The requirements are—

(a) any requirement prescribed (whether by immigration rules or otherwise) under section 50 of the Immigration, Asylum and Nationality Act 2006; and

(b) any requirement prescribed by regulations made under section 5, 6, 7 or 8 of the UK Borders Act 2007 (biometric registration).

(6) No fee may be charged for the making of an application under subsection (1).

(7) An entry clearance granted pursuant to subsection (1) has effect as leave to enter for such period, being not less than six months, and on such conditions as the Secretary of State may prescribe by order.

(8) Upon a person entering the United Kingdom (within the meaning of section 11 of the Immigration Act 1971) pursuant to leave to enter given under subsection (7), that person is deemed to have made a protection claim in the United Kingdom.

(9) In this section—

“appropriate decision-maker” means a person authorised by the Secretary of State by rules made under section 3 of the Immigration Act 1971 to grant an entry clearance under paragraph (1);

“entry clearance” has the same meaning as in section 33(1) of the Immigration Act 1971;

“persecution” is to be construed in accordance with its meaning in the Refugee Convention;

“protection claim” in relation to a person, means a claim that to remove them from or require them to leave the United Kingdom would be inconsistent with the United Kingdom’s obligations—

(a) under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention (“the Refugee Convention”);

(b) in relation to persons entitled to a grant of humanitarian protection; or

(c) under Article 2 or 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4th November 1950 (“the European Convention on Human Rights”); and

“serious harm” means treatment that, if it occurred within the jurisdiction of the United Kingdom, would be contrary to the United Kingdom's obligations under Article 2 or 3 of the European Convention on Human Rights (irrespective of where it will actually occur).”

New clause 6—Safe Passage Pilot Scheme—

“(1) The Secretary of State must by regulations made by statutory instrument establish a humanitarian travel permit scheme.

(2) The scheme under this section must come into operation within 3 months of the date on which this Act is passed and must remain in operation for at least 12 months.

(3) The scheme under this section must permit persons from designated countries or territories (see subsections (3) and (4) below) to enter the United Kingdom for the purpose of making a claim for asylum immediately on their arrival in the United Kingdom.

(4) The regulations under subsection (1) must designate countries or territories from which nationals or citizens may be considered for humanitarian permits under this section.

(5) Countries or territories designated under subsection (4) may include only countries or territories from which the proportion of decided asylum claims which have been upheld in the United Kingdom in the 5 years before the date on which this Act is passed is at least 80 per cent.

(6) Regulations made under subsection (1) are subject to annulment by resolution of either House of Parliament.

(7) The Secretary of State must lay before Parliament an evaluation of the humanitarian travel permit scheme under this section not later than 15 months from the date on which this Act is passed.”

New clause 7—Refugee family reunion—

“(1) The Secretary of State must, within 6 months of the date on which this Act is passed, lay before Parliament a statement of changes in the rules (the “immigration rules”) under section 3(2) of the Immigration Act 1971 (general provisions for regulation and control) to make provision for refugee family reunion, in accordance with this section, to come into effect after 21 days.

(2) Before a statement of changes is laid under subsection (1), the Secretary of State must consult with persons as the Secretary of State deems appropriate.

(3) The statement laid under subsection (1) must set out rules providing for leave to enter and remain in the United Kingdom for family members of a person granted refugee status or humanitarian protection.

(4) In this section, “refugee status” and “humanitarian protection” have the same meaning as in the immigration rules.

(5) In this section, “family members” include—

(a) a person's parent, including adoptive parent;

(b) a person's spouse, civil partner or unmarried partner;

(c) a person's child, including adopted child, who is either—

(i) under the age of 18, or

(ii) under the age of 25 but was either under the age of 18 or unmarried at the time the person granted asylum left their country of residence to seek asylum;

(d) a person's sibling, including adoptive sibling, who is either—

(i) under the age of 18, or

(ii) under the age of 25, but was either under the age of 18 or unmarried at the time the person granted asylum left their country of residence to seek asylum; and

(e) such other persons as the Secretary of State may determine, having regard to—

(i) the importance of maintaining family unity,

(ii) the best interests of a child,

(iii) the physical, emotional, psychological or financial dependency between a person granted refugee status or humanitarian protection and another person,

(iv) any risk to the physical, emotional or psychological wellbeing of a person who was granted refugee status or humanitarian protection, including from the circumstances in which the person is living in the United Kingdom, or

(v) such other matters as the Secretary of State considers appropriate.

(6) For the purpose of subsection (5)—

(a) “adopted” and “adoptive” refer to a relationship resulting from adoption, including de facto adoption, as set out in the immigration rules;

(b) “best interests” of a child must be read in accordance with Article 3 of the 1989 UN Convention on the Rights of the Child.”

This new clause would make provision for leave to enter or remain in the UK to be granted to the family members of refugees and of people granted humanitarian protection.

New clause 10—Safe passage visa scheme—

“(1) Within three months of the passing of this Act, the Secretary of State must lay before Parliament statements of changes to the immigration rules to make provision for a safe passage visa scheme (referred to in the remainder of this section as the “scheme”).

(2) The purpose of the scheme referred to in subsection (1) is to enable a qualifying person to travel safely to the United Kingdom in order to make an application for asylum (within the meaning given by paragraph 327 of the immigration rules) or a claim for humanitarian protection (within the meaning given by paragraph 327EA of the immigration rules).

(3) A person is a “qualifying person” for the purposes of subsection (2) if the person—

(a) is present in a member State of the European Union when the person makes an application to the scheme;

(b) is not a national of a member State of the European Union, Liechtenstein, Norway or Switzerland; and

(c) would, on securing entry to the United Kingdom, be able to make—

(i) a valid application for asylum in accordance with paragraph 327AB of the immigration rules; or

(ii) a valid claim for humanitarian protection in accordance with paragraph 327EB of the immigration rules,

which would not be clearly unfounded.

(4) For the purposes of determining whether the conditions in subsection (3)(c) above are satisfied, the following are disapplied—

(a) the conditions in subsections (4) and (5) of section 80C of the Nationality, Immigration and Asylum Act 2002; and

(b) the duty in section 2(1) of this Act.

(5) Changes to the immigration rules made under this section must also make provision for—

(a) applications to the scheme, including—

(i) identification of the relevant gov.uk webpage through which applications must be made;

(ii) the provision of relevant biometric data by the person;

(iii) the supplying of relevant information and supporting documentation related to applications;

(iv) confirmation that applications will be without cost to applicants; and

(v) provision for legal aid in relation to applications made to the scheme;

(b) any additional suitability requirements for applications to the scheme, including matters referred to in Part 9 of the immigration rules;

(c) entry requirements for those granted entry clearance under the scheme, including the requirement that the person be provided with a letter by the Secretary of State confirming that the person can enter the United Kingdom;

(d) limitations on the entry clearance granted under the scheme, including provision that clearance is provided solely to enable the person to make an application for asylum or a claim for humanitarian protection and requiring that such an application or claim be made immediately on entry into the United Kingdom; and

(e) appeal rights for those denied entry clearance under the scheme, including legal aid to be made available for persons making such appeals.

(6) The scheme referred to in this section is to be specified as a “safe and legal route” for the purposes of regulations referred to in section 51(6) of this Act.

(7) In this section “immigration rules” means rules under section 3(2) of the Immigration Act 1971.”

New clause 13—Safe and legal routes: regulations—

“(1) The Secretary of State must by regulations specify safe and legal routes by which asylum seekers can enter the United Kingdom.

(2) The routes specified must include—

(a) any country-specific refugee and resettlement schemes already in operation on the day this Act is passed; and

(b) safe and legal routes additional to those in subsection (2)(a).

(3) The regulations must set out which routes specified under subsection (2)(b) are available to—

(a) adults, and

(b) unaccompanied children.

(4) The regulations must make provision about—

(a) who is eligible to access the routes specified under subsection (2)(b); and

(b) the means by which such persons may access the routes.”

New clause 17—Safe and legal routes—

“(1) The Secretary of State must within six months of the date on which this Act is passed lay before Parliament a report setting out—

(a) all safe and legal routes which individuals from relevant countries may take in order to apply lawfully for asylum in the United Kingdom; and

(b) the numbers of applicants in each of the last five years who have followed each of those safe and legal routes.

(2) The report must be approved by a resolution of each House of Parliament.

(3) A person originating from a relevant country may not be removed from the United Kingdom unless a safe and legal route from that country has been set out in a report under subsection (1).

(4) For the purposes of this section “relevant countries” means—

(a) every country or territory not listed in the Schedule; and

(b) in relation to all applicants other than men, those countries listed in the Schedule in respect of men.”

This new clause would require the Secretary of State to set out a comprehensive list of safe and legal routes to the UK from countries not listed in the Schedule, as the latter are by definition countries the Government considers “safe”. A person could not be removed from the UK to a country not listed in the Schedule unless a safe and legal route from that country to the UK exists.

New clause 19—Refugee family reunion—

“(1) The Secretary of State must, within two months of the day on which this Act is passed, lay before Parliament a statement of changes in the rules (the “immigration rules”) under section 3(2) of the Immigration Act 1971 (general provisions for regulations and control ) to make provision for refugee family reunion, in accordance with this section, to come into effect after 21 days.

(2) The statement made under subsection (1) must set out rules providing for leave to enter and remain in the United Kingdom for family members of a person—

(a) granted refugee status or humanitarian protection,

(b) resettled through Pathways 1 or 3 of the Afghan Resettlement Scheme, or

(c) who is permitted to enter the United Kingdom through a safe and legal route specified in regulations made under section 51(1) (see also subsection (6) of that section).

(3) In this section, “family members” include a person’s—

(a) parent, if the person was under the age of 18 at the time they made an application for protection status within the meaning of subsection (4) in the United Kingdom, including adoptive parent;

(b) spouse, civil partner or unmarried partner;

(c) child, including adopted child, who is either—

(i) under the age of 18

(ii) aged 18 or over and dependant on the person;

(d) sibling, including adoptive sibling, who is either—

(i) under the age of 18, or

(ii) under the age of 25 but was either under the age of 18 or unmarried at the time the person granted asylum left their country of residence to seek asylum; and

(e) such other persons as the Secretary of State may determine, having regard to—

(i) the importance of maintaining family unity,

(ii) the best interests of the child,

(iii) the physical, emotional, psychological or financial dependency between a person granted refugee status or humanitarian protection and another person,

(iv) any risk to the physical, emotional or psychological wellbeing of a person who was granted refugee status or humanitarian protection, including from the circumstances in which the person is living in the United Kingdom, or

(v) such other matters as the Secretary of State considers appropriate.

(4) For the purpose of subsection (3)—

(a) “adopted” and “adoptive” refer to a relationship resulting from adoption, including de facto adoption, as set out in the immigration rules;

(b) “best interests” of a child is to be read in accordance with Article 3 of the 1989 UN Convention of the Rights of the Child.”

New clause 23—Asylum processing for low grant-rate countries—

“(1) Within 60 days of this Act coming into force, the Secretary of State must issue regulations establishing an expedited asylum process for applicants from low grant-rate countries who have arrived in the UK without permission.

(2) Within this section, “low grant-rate countries” are defined are countries with a grant rate for asylum applicants below 50% in the 12 months preceding the initial decision being taken.”

This new clause requires the Home Secretary to establish a process to fast-track asylum claims from safe countries.

New clause 24—Safe and legal routes: family reunion for children—

“(1) The Secretary of State must, within three months of the date on which this Act enters into force, lay before Parliament a statement of changes in the rules (the ‘immigration rules’) under section 3(2) of the Immigration Act 1971 (general provision for regulation and control) to make provision for the admission of unaccompanied asylum-seeking children from European Union member states to the United Kingdom for the purposes of family reunion.

(2) The rules must, as far as is practicable, include provisions in line with the rules formerly in force in the United Kingdom under the Dublin III Regulation relating to unaccompanied asylum-seeking children.”

This new clause seeks to add a requirement for the Secretary of State to provide safe and legal routes for unaccompanied asylum-seeking children with close family members in the UK, in line with rules previous observed by the UK as part of the Dublin system.

New clause 25—International co-operation—

“(1) The Secretary of State must, within three months of the date on which the Illegal Migration Act 2023 comes into force, publish and lay before Parliament a framework for new agreements to facilitate co- operation with the governments of neighbouring countries, EU Member States and relevant international organisations on—

(a) the removal from the United Kingdom of persons who have made protection claims declared inadmissible by the Secretary of State;

(b) the prevention of unlawful entry to the United Kingdom from neighbouring countries;

(c) the prosecution and conviction of persons involved in facilitating illegal entry to the United Kingdom from neighbouring countries;

(d) securing access for the relevant authorities to international databases for the purposes of assisting law enforcement and preventing illegal entry to the United Kingdom; and

(e) establishing controlled and managed safe and legal routes.

(2) In subsection (1)—

(a) “neighbouring countries” means countries which share a maritime border with the United Kingdom;

(b) “relevant international organisations” means—

9. Europol;

10. Interpol;

11. Frontex;

12. the European Union; and

13. any other organisation which the Secretary of State may see fit to consult with.

(c) “relevant authorities” means—

(i) police forces;

(ii) the National Crime Agency;

(iii) the Crown Prosecution Service; and

(iv) any other organisation which the Secretary of State may see fit to include within the definition.

(d) “international databases” means—

(i) The Eurodac fingerprint database;

(ii) the Schengen Information System; and;

(iii) any other database which the Secretary of State may see fit to include within the definition.

(e) “controlled and managed safe and legal routes” includes—

(i) family reunion for unaccompanied asylum- seeking children with close family members settled in the United Kingdom; and

(ii) other resettlement schemes.”

This new clause would require the Secretary of State to lay before Parliament a framework on new agreements to facilitate co-operation with the governments of neighbouring countries and relevant international organisations on matters related to the removal of people from the United Kingdom.

New clause 26—Equality Impact—

“The Secretary of State must lay before Parliament an equality impact assessment of the measures in sections 37 to 51 of this Act with, in particular, an assessment of the extent to which people with protected characteristics under the Equality Act 2010 will be particularly affected by the changes to legal proceedings and by the cap on numbers of entrants using safe and legal routes.”

Government amendment 66.

Amendment 73, in clause 57, page 57, line 2, at end insert—

“(o) section [Safe and legal routes: regulations]”.

Amendment 74, in clause 57, page 57, line 7, at end insert—

“(7) No regulations may be made under subsection (1) until regulations specifying safe and legal routes have been made under section [Safe and legal routes: regulations].”

Amendment 75, in clause 1, page 2, line 13, at end insert—

“(i) establishes and defines safe and legal routes to be open to refugees and asylum seekers with a legitimate claim to be able to come to the United Kingdom legally.”

Amendment 131, in clause 1, page 2 , line 29, at end insert—

“(6) Provision made by or by virtue of this Act must be read and given effect to notwithstanding any judgement, interim measure or other decision, of the European Court of Human Rights, or other international court or tribunal; and notwithstanding any international law obligation.”

The intention of this amendment is that the provisions of the Bill should operate notwithstanding any orders of the Strasbourg court or any other international body.

Amendment 132, in clause 1, page 2, line 29, at end insert—

“(7) Section 4 (declaration of incompatibility), section 6 (acts of public authorities) and section 10 (power to take remedial action) of the Human Rights Act 1998 do not apply in relation to provision made by or by virtue of this Act.”

This amendment would disapply other provisions of the Human Rights Act 1998 in addition to that already disapplied by clause 1(5) of the Bill.

[Sir William Cash]

I voted for the Bill on Second Reading because it was most emphatically going in the right direction, but I emphasised that we wanted to be sure that it would actually work in the national interest by preventing illegal immigration. The Bill is getting better with the amendments proposed by the Government today, for which all credit to the Home Secretary, the Immigration Minister and the Prime Minister. The number of Back Benchers who are supporting our constructive amendments, including mine, is growing.

This Bill to stop the boats is both legally and politically necessary, because illegal migration is out of control, partly because of a failure to distinguish between genuine refugees and others who are illegal and economic migrants. This is not only a real problem in the UK; increasingly, it is a real global and European problem as well, as can be seen from the dreadful tragedies in the Mediterranean in the last few weeks and months.

This legislation sets out a fair regime for dealing with people who have arrived here illegally. It gives them a reasonable but limited ability to raise any exceptional reasons as to why it is unsafe for them to be sent to Rwanda or another safe country. These are known as suspensive claims, and they are clearly defined in clause 37. Those claims ensure that we are compliant with our international obligations and that we would not send somebody overseas if they were not medically fit to fly or if they would face persecution in the destination country.

The success of this scheme depends on it working predictably and quickly. Those who come over on small boats need to know that they will not be able to stay here and that the vast majority of them will be removed to Rwanda or elsewhere. If courts intervene in unexpected ways, it removes the deterrence and the whole scheme breaks down, along with our ability to control our own borders.

However, this is also a procedural, legal and judicial issue, because under the Human Rights Act 1998, the UK courts have not been given suitable guidance by Parliament via statute to draw the appropriate boundaries that are needed in the national interest. As I pointed out on Second Reading, for example, the international refugee convention does not apply between the UK and France, because France is not a country where asylum seekers fear persecution, yet the European Commission is by all accounts refusing to make legal changes to EU law to allow returns of illegal asylum seekers from the UK to France. There are also provisions setting out other named safe countries. I ought to remind House what happened when the Dublin regulation was torn up by Angela Merkel and 600,000 or so refugees were allowed to pour into Europe.

When the Human Rights Act was passed in 1998, I was in the House of Commons. Human rights lawyers and activists claimed that the Act was a “constitutional Rubicon” enabling the courts to override parliamentary sovereignty. This was a massively overstated and exaggerated claim that is refuted by clear statements, which I hope those on the Labour Front Bench will take on board, made by the then Lord Chancellor, Lord Irvine of Lairg, in the House of Lords on its Second Reading on 3 November 1997. He said of the legislation:

“It maximises the protection of human rights without trespassing on parliamentary sovereignty.”

He also stated that

“the remedial action will not retrospectively make unlawful an act which was a lawful act—lawful since sanctioned by statute.”—[Official Report, House of Lords, 3 November 1997; Vol. 582, c. 1229.]

But the question remained: what does statute provide?

High Speed Rail (Crewe - Manchester) Bill

Debate between William Cash and Rosie Winterton

2nd reading
Monday 20th June 2022 Commons Chamber

[Sir William Cash (Stone) (Con)]

The hon. Member for Slough (Mr Dhesi) had the brass neck to refer to this strike as a Tory rail strike. I have never seen a rail strike more inspired by the Labour party than any other policy that I have heard of in the last generation.

The Minister will be very well aware of my long-standing reservations about HS2—I have made my point on this already today—and of why I am convinced that the project, as currently proposed, has no chance of achieving the objectives that the Government have set for it in terms of creating improved rail connectivity, increased capacity on the west coast main line, real economic prosperity and value for the many billions of pounds being spent on it.

I am also profoundly disturbed and deeply disappointed that the Government have failed to revisit the collapsing economic case for this project in the light of changing travelling and working practices following the covid pandemic, and to cancel the HS2 project, or at least everything north of Birmingham, in favour of targeting public transport investment to the areas of the country that really need it. Only yesterday, I heard the Secretary of State say, in relation to this rail strike, that fewer people will be using rail because of the amount time that is spent on Zoom calls and because of the changes in business practices. That is an important and relevant point.

I am also dismayed about the haste at which the Phase 2b Bill is being brought before the House for its Second Reading, especially as it has only just been announced that the project will be subject to 20 substantive amendments, including the removal of the Golborne link. My concern is that these changes should be the subject of formal consultation. The public are entitled to be granted sufficient time to formally respond in writing before Second Reading and before the formal petitioning process begins.

I ask the Minister to take the opportunity of making better use of the public investment given to the HS2 project by ensuring that the company responsible for it, together with his departmental officials, adopt the best possible and most cost-effective engineering design solutions for the project. Sadly, from experience, I know that that is not proving to be the case, as HS2 management and Department for Transport officials seem unwilling to fulfil the commitments that the Minister has made to me and my constituents. They are therefore frustrating the promised independent and impartial review of our proposals for an alternative railhead and maintenance base to replace the unworkable and calamitous proposals that HS2 seems hell-bent on imposing on Stone, my constituency, and nearby communities.

Incontrovertible evidence has been compiled by my constituents to demonstrate that their alternative solution would remove tens of thousands of HS2’s construction lorries from the local road network in Staffordshire, North Shropshire and Cheshire, while also eliminating any need to construct the Ashley railhead and the two proposed Phase 2b maintenance facilities at Ashley and the Crewe North rolling stock depot. Not only would my constituents’ proposals save £650 million of public money, but, were less than half of that sum to be reinvested in the reopening of an eight-mile section of the North Staffordshire railway between the west coast main line and Stoke station, it would create the best and most cost-effective levelling-up opportunity in the country.

With the Government now having confirmed their decision to remove the Golborne link from a phase 2 hybrid Bill, the capacity on the west coast main line through and to the north of Crewe station will be significantly reduced. As a consequence, phase 2b will achieve the precise opposite of what is intended. The public therefore ask, “What is the point of phase 2b?”. I have much sympathy with such viewpoints, as do my Cheshire colleagues, whose constituents’ lives will be so blighted by this project.

However, if the Government remain determined to continue with this expensive folly, let us at least get something positive out of it. The only way to do that is to ensure that Crewe station gets the full upgrade it requires to overcome the capacity constraints that will be imposed on it and on the west coast main line by HS2. That will require new platforms to be constructed on the independent lines on the western side of the station.

Combined with the reopening of the North Staffordshire railway, the improvements at Crewe station would for the first time enable multiple train services to cross the west coast main line and enable services from north Wales and the north-west to connect to north Staffordshire and Stoke-on-Trent and thereafter to link to the east midlands, Yorkshire, East Anglia and the east coast. Such a bold plan would put a huge part of the population of the north of England in direct rail contact with four international airports and create a direct freight line between Liverpool and several east coast ports, while putting both Crewe and the Potteries at the centre of this new transport and economic activity.

Finally, the Minister knows that he has an open invitation to visit my constituency and meet me and my constituents. I urge him to take up that offer as soon as possible so that we can demonstrate to him first-hand how our proposals will provide the unique short, medium and long-term levelling-up benefits that the population of my own and many other constituencies so richly deserve.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

Skills and Post-16 Education Bill [Lords]

Debate between William Cash and Rosie Winterton

Report stage
Monday 21st February 2022 Commons Chamber

[Sir William Cash (Stone) (Con)]

On a point of order, Madam Deputy Speaker. This afternoon, my right hon. Friend the Secretary of State for Defence made an important and statesmanlike statement on Ukraine. This evening, Mr Putin has recognised the two separatist regions in Ukraine as independent states, with dangerous parallels to Germany’s recognition of the Sudetenland in 1938. In these circumstances, do you accept that it would be appropriate to have a further statement, as soon as possible, on the new Ukrainian situation? The Defence Secretary himself stated today that he would update us as necessary, and this may well be the reason for making such a statement tomorrow or as soon as possible.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the hon. Gentleman for his point of order. As he said, the Secretary of State did undertake to keep the House updated, and I am sure he will do so. The hon. Gentleman will also be aware that the House will be debating the sanctions regulations tomorrow. I also know that those on the Treasury Bench will have heard the point that he has made.

Taxation (Post-transition Period) Bill

Debate between William Cash and Rosie Winterton

3rd reading & 3rd reading: House of Commons
Tuesday 15th December 2020 Commons Chamber

[Sir William Cash (Stone) (Con)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

New clause 2—Provisions of Act to have effect notwithstanding inconsistency or incompatibility with international or other domestic law—

(1) The provisions of this Act have effect notwithstanding any relevant international or domestic law with which they may be incompatible or inconsistent.

(2) Accordingly (among other things)—

(a) regulations under this Act are not to be regarded as unlawful on the grounds of any incompatibility or inconsistency with relevant international or domestic law (and section 6(1) of the Human Rights Act 1998 does not apply in relation to the making of regulations under this Act);

(b) all rights, powers, liabilities, obligations, restrictions, remedies and procedures which are, in accordance with section 7A of the European Union (Withdrawal) Act 2018, to be recognised and available in domestic law, and enforced, allowed and followed accordingly, cease to be recognised and available in domestic law, or enforced, allowed and followed, so far and for as long as they are incompatible or inconsistent with any provision of this Act;

(c) section 7C of that Act ceases to have effect so far and for as long as it would require any question as to the validity, meaning or effect of any relevant separation agreement law to be decided in a way which is incompatible or inconsistent with a provision of this Act; and

(d) any other provision or rule of domestic law that is relevant international or domestic law ceases to have effect so far and for as long as it is incompatible or inconsistent with a provision of this Act.

(3) Regulations under this Act are to be treated for the purposes of the Human Rights Act 1998 as if they were within the definition of “primary legislation” in section 21(1) of that Act.

(4) No court or tribunal may entertain any proceedings for questioning the validity or lawfulness of regulations under this Act other than proceedings on a relevant claim or application.

(5) The period mentioned in each of the following provisions (standard time limits for seeking judicial review), or any corresponding successor provision, may not be extended under any circumstances in relation to a relevant claim or application—

(a) rule 54.5(1)(b) of the Civil Procedure Rules in relation to England and Wales;

(b) section 27A(1)(a) of the Court of Session Act 1988 in relation to Scotland; and

(c) rule 4(1) of Order 53 of the Rules of the Court of Judicature (Northern Ireland) 1980 (S.R. (N.I.) 1980 No. 346) in relation to Northern Ireland.

(6) The jurisdiction and powers of a court or tribunal in relation to a relevant claim or application are subject to subsections (1) and (2).

(7) In section 7A of the European Union (Withdrawal) Act 2018, in subsection (5)—

(a) omit the “and” at the end of paragraph (e); and

(b) at the end of the subsection insert “, and

(g) the provisions of the Taxation (Post-transition Period) Act 2020 (provisions to which this section is subject).”

(8) In this section—

“relevant claim or application” means—

(a) a claim for judicial review in relation to England and Wales,

(b) an application to the supervisory jurisdiction of the Court of Session in relation to Scotland, or

(c) an application for judicial review in relation to Northern Ireland, where the claim or application is for the purpose of questioning the validity or lawfulness of regulations under this Act;

“relevant international or domestic law” includes—

(a) any provision of the Northern Ireland Protocol;

(b) any other provision of the EU withdrawal agreement;

(c) any other EU law or international law;

(d) any provision of the European Communities Act 1972;

(e) any provision of the European Union (Withdrawal) Act 2018;

(f) any retained EU law or relevant separation agreement law; and

(g) any other legislation, convention or rule of international or domestic law whatsoever, including any order, judgment or decision of the European Court or of any other court or tribunal, but does not include the Convention rights within the meaning of the Human Rights Act 1998 (see section 1(1) of that Act);

“relevant separation agreement law” has the meaning given by section 7C(3) of the European Union (Withdrawal) Act 2018.

New clause 3—Treasury use of powers—

(1) The Treasury must, within four working days of the day on which this Act is passed, publish a report setting out the timeframe within which it will use the powers to make regulations conferred by—

(a) section 40A(2) of TCTA 2018;

(b) section 40B(1) and (2) of TCTA 2018;

(c) section 30A(4) of TCTA 2018;

(d) section 30B(1) and (3) of TCTA 2018;

(e) section 30C(5) of TCTA 2018; and

(f) section 5(2) of this Act.

(2) The Treasury must publish an annual report setting out how it has made use of the powers referred to in subsection (1).

(3) Each report under subsection (2) must include an assessment of—

(a) what considerations the Treasury made when deciding to use its powers, and

(b) the impact of the regulations on individuals and businesses throughout the UK, and specifically in Northern Ireland.

Amendment 1, in clause 1, page 2, line 43, at end insert—

“(4A) The Treasury must publish guidance setting out its proposed approach to the reliefs, repayments and remissions referred to in subsection (3)(b) within four working days of this section coming into force.”

Amendment 2, in clause 2, page 4, line 24, at end insert—

“(5) The Treasury must publish guidance setting out its proposed approach to the reliefs, repayments and remissions referred to in subsection (4)(a) within four working days of this section coming into force.”

[Sir William Cash]

The clauses before us are directly related to what was originally in the United Kingdom Internal Market Bill, and they were there for a very good reason. They were there because it is absolutely essential that we maintain our sovereignty, and the decisions must be taken by Parliament, and should not be taken by the House of Lords, whose Members are unelected. We are the House of Commons, and that part of the House of Commons which is elected has a Government who were elected in December 2019, almost exactly one year ago. In that general election, it was made quite clear that the decision before the British people was effectively to be decided in line with what was decided in the referendum. There are therefore two things joining together, in conjunction with one another: the referendum in 2016, followed by a whole series of enactments of Parliament. That includes the decision on the notification of withdrawal, which was accepted by the Labour party and was voted through in the House of Commons by 499 to around 120. It is not as if anybody could say that the supremacy of Parliament was not made manifest in the light of the referendum.

There was then a series of other enactments, and we eventually ended up with a confirmation of Acts of Parliament, including the European Union (Withdrawal Agreement) Act 2020, which was passed after the general election. Section 38 of that Act made it abundantly clear that we had the right to insist—as a matter of constitutional principle and through the enactment of an Act of Parliament—that the United Kingdom was sovereign, and, furthermore, that we would be allowed to override the withdrawal agreement. That was contained in section 38(2)(b), which specifically refers to section 7A and in turn therefore directly relates, through the use of the word “notwithstanding”, to the overriding direct effect. That is a very important point—a point that is conveniently overlooked by some people, who continually assert that somehow or other the Government have been out of order, breaking international law or breaking constitutional principles. But they never come forward with any arguments; as I said in a recent speech in the House regarding the attitude of the House of Lords, they were basically strong on assertion and empty in argument.

United Kingdom Internal Market Bill

Debate between William Cash and Rosie Winterton

Consideration of Lords amendments
Tuesday 15th December 2020 Commons Chamber

[Sir William Cash]

They do not have a clue. They are going to get clobbered—they really will—and they do not get it. They just want to go on about devolution without regard to the effect that all this will have. I entirely agree with the right hon. Gentleman.

The Bill itself defines aid with reference to EU law—it refers to article 107 of the treaty on the functioning of the European Union. This is something that we will be affected by, because that amendment is not sufficient to enable us to maintain our sovereignty on all the matters relating to state aid rules. I look to the Prime Minister, I look to the Chancellor of the Duchy of Lancaster, and I look to the Government and the negotiators to get this right. This is the moment to do it. We are at a crucial moment. I trust the Prime Minister. I believe he will deliver. He said he will, and we will hold him to that promise.

It would go against UK national interest to accept EU demands of agreeing to legally binding commitments to mirror the EU state aid regime, given that EU state aid rules are created on the basis of objectives of common interest of EU member states, which no longer includes the UK, and are tested by the Commission on the basis of compatibility criteria that it has developed. They are non-binding guidelines, and therefore they can be changed at will. Under article 132 of the protocol and article 174 of the withdrawal agreement, provisions of the withdrawal agreement and the protocol referring to EU law or to EU law concepts or provisions are to be

“interpreted in conformity with the relevant case law of the Court of Justice of the European Union.”

That duty continues beyond the end of the transition period on 31 December and includes European case law handed down after the end of that period.

There is a real problem here. This is down to the negotiators as well as to those who are responsible for this Bill. We are faced with a very difficult situation, which impinges on our sovereignty and on our necessity to avoid, indeed to prevent, EU state aid rules from continuing to apply to the United Kingdom. This is a crucial moment in our economic, political and constitutional history. We must maintain the sovereignty of the United Kingdom. That is the message that I send to the Government and I trust that the Government and the Prime Minister will deliver it.

[Madam Deputy Speaker (Dame Rosie Winterton)]

This is what is going to happen. This debate has to finish at 3.10. I want to bring in the Minister at 3.06 to wind up. A lot of hon. and right hon. Members have been sitting in the Chamber from the beginning of the debate. If others come in and intervene, it does take time from those who have been trying to participate and have put their names down to participate. Before I bring in the SNP spokesperson, I have to say that I will now have to reduce the time limit to three minutes and, with that, I still may not get everybody in, so if colleagues want to take fewer than three minutes, I am sure that it would be appreciated by others.

United Kingdom Internal Market Bill

Debate between William Cash and Rosie Winterton

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 29th September 2020 Commons Chamber

[Sir William Cash]

rose—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Just another reminder: I am conscious that many of the initial contributors are speaking to amendments, so it is important that we are flexible, but I say again that if we want to get in the many Members who want to contribute to the debate, it is important that at this stage, Members are as brief as they can be while getting their important points in.

[Sir William Cash]

There has been a heated and, in many respects, misconceived debate about the question of our compliance with international law. I had something of an exchange with my right hon. Friend the Member for Maidenhead (Mrs May) on Second Reading. I made the point that UK law has, in the past, breached international treaties. That stands, because it is important for us to recognise that that has been the case.

Indeed, it is often forgotten that the EU guidelines of 29 April 2017, which my right hon. Friend’s Government allowed to happen, unilaterally imposed on us requirements contravening article 50 of the Lisbon treaty and insisted that we should obey the basis of the EU’s idea of the conduct of negotiations. As Clausewitz said, diplomacy is war by other means; I believe the gloves are about to have to come off.

The withdrawal agreement and the political declaration recognise the autonomy of the EU and the UK, but whereas the UK is a sovereign state, the EU is merely an international organisation. UK sovereignty is expressly recognised by the EU as of its own kind—sui generis. The EU manifestly contradicted that by insisting on European Court jurisdiction, thus subverting the constitutional status of Northern Ireland itself. It was even reported that that was the price we would have to pay. The EU continually denied our sovereignty during the negotiations with a wanton disregard of our unique, unwritten constitution and sovereignty, which it is bound to understand because we have been in a relationship within the same legal order for the last 40 years.

United Kingdom Internal Market Bill

Debate between William Cash and Rosie Winterton

Tuesday 22nd September 2020 Commons Chamber

[Sir William Cash]

It seems to be generally understood that my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) will withdraw his amendment. I do not know whether that has been stated formally yet, but I wonder whether the hon. Gentleman could take into account the fact that that appears to be the case. I do not know whether Mr Speaker is aware of that. Sadly, my hon. Friend is not in his place at the moment, so it is rather difficult for us to be absolutely precise. I wonder whether I could have a ruling from the Chair on whether the amendment has been withdrawn.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

It is important to remember, as the hon. Gentleman has said, that Sir Robert Neill is not in his place at the moment. It is a question of the amendment having to be moved and withdrawn, neither of which has happened, so I think we need to wait until he is here. At the moment, we work on the assumption, obviously, that it is something that can be discussed.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Order. It may be helpful for me to clarify a point for the hon. Member for Foyle (Colum Eastwood). Under the programme order that the House agreed on 14 September, today we are debating: part 1, “UK market access: goods”, except clause 11, which was decided yesterday; part 2, “UK market access: services”; part 3, “Professional qualifications and regulation”; and part 7, “Final provisions”, except clause 50, which was decided yesterday. We therefore need to focus on amendments and new clauses relating to those parts of the Bill. It is quite important that we do not re-run the debates that were held last week and yesterday, which were on: part 4, “Independent advice on and monitoring of UK internal market”; part 6, “Financial assistance powers”; and part 5 “Northern Ireland Protocol”. Sir Bob Neill’s amendment was, in fact, debated yesterday—for the clarification of the hon. Member for Foyle. I call Sir William Cash.

[Sir William Cash]

After that very helpful clarification, I have to say that the issues that I was going to raise would have been related to the questions raised by the hon. Member for Foyle (Colum Eastwood). There appears to be some misunderstanding. In these circumstances, I understand that today we will not, in fact, be discussing amendment 66 in the name of the Secretary of State for Business, Energy and Industrial Strategy, my right hon. Friend the Member for Reading West (Alok Sharma). May I have your ruling on that, Dame Rosie?

[The First Deputy Chairman]

The hon. Gentleman is quite correct in saying that.

[Sir William Cash]

I shall refer, then, to the more general questions about the state aids that I have just heard and that I mentioned in an intervention.

I wish to explain the rationale behind the remarks that I made on Second Reading, when I spoke for only four minutes, and the short speech that I made yesterday dealing exclusively with questions relating to international law and the breaking of it, as is alleged by some. I made my position entirely clear then and wrote a piece published on “ConservativeHome” that has been seen and commented on by many people—with some approval, I am glad to say—and in The Daily Telegraph online. That is now out there, on the record. However, the question of state aids to which I referred in those articles was not really examined in a way that I regard as satisfactory by the hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry). I say that because he made a lot of points about the manner in which the results would take place, in his view, under the new Office for the Internal Market, the new internal market arrangements and in the context of devolution.

At an earlier stage, with respect to the issue of the economic prosperity of the United Kingdom as a whole, which obviously includes the important issue of devolution, including our wanting to be properly aware of the issues for Scotland, I mentioned Adam Smith as a good example of a great Scot who really understood the nature of free trade. The problem is the EU itself. We must succeed in ensuring that the state aids policies of the EU no longer apply to the United Kingdom, including Scotland in this context. That is so important that, in the interests of the prosperity of Scotland, no attempt should be made such that Scotland could somehow find itself still following EU state aid rules. That is the burden of what I would like to address.

I have spent 35 years serving on the European Scrutiny Committee. I am Chairman of it now and have been for the past 10 years. I know a little bit about state aids and mentioned yesterday, in passing, my experiences, given the fact that I have been around for a certain amount of time, during the 1950s and ’60s, when I was brought up in Sheffield and witnessed the manner in which the European Coal and Steel Community acted. Of that supranational body, even Sir Con O’Neill, who was the prime negotiator for the United Kingdom in taking us into the European Community, as it was at the time, said in a book that I read fairly recently that nobody in Government really appreciated just how important, significant and, I would say, dangerous it was for the whole concept of state aids and all the things that went with the supranational policies that were imposed as a result of our membership of the European Community and the European Coal and Steel Community, and the effect it would have on jobs and businesses in England, Scotland and Wales.

Of course, in those days devolution was not an issue, but the comparison certainly still applies. The jobs of many people in the coal mining and steel industries in Scotland were decimated, as they were in Sheffield. The greatest and most important part of the world steel industry was in Sheffield. As a result of matters into which I do not need to go in detail, the bottom line is that the grandchildren of the coal miners and steelworkers, whom I got to know extremely well—I think I mentioned in an earlier debate that I played cricket and rugger with them; I knew these people—remember all this.



If we put the red-wall seats on a transparent map and placed it over a map of England, in particular, and Scotland, we would find a direct correlation with the seats where people even would not vote for the UK Independence party but voted Conservative because they knew that leaving the European Community was something they wanted to do, because their grandparents had been decimated by how state aid worked. State aid is not just about subsidies; it is also about taxation, incentives, free ports, carbon emissions and the whole of our trading relationships internationally. It is the most important specific question, which is why I congratulate the Government on what they are seeking to do, although I may prefer it to be a little tighter, but let us leave that for the moment because we have a Report stage to come. I simply say that the people of Scotland know and understand the impact of the policies of state aids in shipbuilding, for example, on Harland and Wolff, in Northern Ireland. These people are all well aware of the almost irreparable damage done.

Terrorist Offenders (Restriction of Early Release) Bill

Debate between William Cash and Rosie Winterton

2nd reading & 2nd reading: House of Commons
Wednesday 12th February 2020 Commons Chamber

[Sir William Cash]

That is an extremely important point. As my right hon. Friend knows, I have the greatest respect for his analysis when it moves from not just the law into the broader societal and philosophical questions, which ought to inform opinions made in this House; we should not just treat issues of this kind as if they are somehow matters of semantics. We are dealing with the kind of society that we want, and the impact of the terrorism, and murderous and dangerous behaviour, of the perpetrators of these crimes our own constituents. A most recent case involved somebody who travelled from Stafford down to London, and therefore was a matter of immediate concern to my constituents, because he had been living there for some time. The manner in which he was allowed to leave to come down to London and commit murder in Fishmongers’ Hall and in the vicinity is a lesson for us all.

I now want to deal with the retrospectivity elements of this Bill, which relate to my general concern to tie down this issue in the longer term. The Chair of the Justice Committee, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), and I had an exchange about a number of cases. I am well aware that this is not the place for us to attempt to make an assumption that we are able to treat this Chamber as though it is a court of law, although we are, of course, the High Court of Parliament, but that is to miss the point; the fact is that proper analysis of the case law has to be conducted. Some of that has already been done in blogging and in some pamphlets, and I am expecting the House of Lords to home in on it effectively when the Bill gets to that House, although it will not have much time.

We know that Ministers have been warned about the likelihood of a legal battle; despite the assertions of the Government that the Bill is compatible with article 7 of the European convention on human rights—for reasons that I will explain, I am sympathetic to their view—there are those who will argue that it is not. I can see this coming, so my amendment would remove any chance that there could be that kind of legal battle on the applicability of the Human Rights Act to this Bill. My amendment would insert the words

“notwithstanding the Human Rights Act 1998”.

That is a belt-and-braces approach, and it is what I am seeking. I am not going to move this amendment in Committee with any intention of dividing the Committee of the whole House on it; I think the matter needs further consideration outside this House, and I look to the House of Lords for some indication of views.

My argument goes like this: this Bill is compatible with article 7. No one has read it out so far, so I will do so. It states:

“No one shall be held guilty of any criminal offence”—

for conduct —

“which did not constitute a criminal offence…at the time when it was committed.”

This Bill does not purport to create a new criminal offence. Rather, it seeks to prevent terrorists convicted by UK courts on the basis of offences that existed prior to the Bill from having automatic early release. I have already made my point about the length of time indicated. Furthermore, the explanatory notes state:

“The Bill does not retrospectively alter a serving offender’s sentence as imposed by the court, or alter the maximum penalties for offences.”

They state that the Bill is concerned with the “administration of a sentence”. I still believe, despite the exchanges I had with the Chairman of the Justice Committee, that the del Río Prada case could well still come into play there. I fear that it might be used effectively against the Bill. So my conclusion on the question of a textual interpretation of article 7 of the ECHR indicates that is not incompatible with this Bill. However, Parliament does have the power to legislate retrospectively—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I just want to let the hon. Gentleman know that I am sure he will have the opportunity in Committee to address his amendment. I am sure he will be aware that there are quite a few people who wish to speak on Second Reading; I just want to assure him that he will be able to address his amendment during the Committee stage.

[Sir William Cash]

I do understand that, but I also anticipate that there may be a need for brevity at that point. That is how these things go, from my experience, which goes back some time. I am talking about matters of principle. I repeat: I am talking about matters of principle.

As established by Willes J in Phillips v. Eyre, courts ascribe retrospective force to new laws that affect rights only if

“by express words or necessary implication that such was the intention of the legislature”.

Clause 1 will amend the Criminal Justice Act 2003 and expressly restrict eligibility for the release of prisoners who have been sentenced for a terrorist offence

“whether before or after this section comes into force”.

My conclusion on this point is simple: the courts would be expected to give retrospective effect to the Bill.

The principle I wish to address is that I am concerned that the courts have a disinclination and reluctance to give effect to retrospective legislation, particularly when it deals with criminal acts. That is well established, and I could quote Bradley and Ewing, page 56, which explains that. Although I do not think that article 7 applies to the Bill, to ensure that the courts do not find a way around the Bill or a misguided interpretation that would frustrate its real purpose, I shall move my amendment in Committee, for the purposes of legislative clarity and for the avoidance of doubt in relation to the power of Parliament to legislate retrospectively. That is the principle that I am addressing at this moment.

I have no further comment to make for the purposes of this debate, but this matter has to be taken seriously. The wording that I intend to introduce in Committee will be taken as a serious attempt to make sure that no way around the provisions is found by the courts or by some ingenious lawyers, who would avoid and frustrate the purposes and principle of the Bill, as expressed on Second Reading, which we are debating.