Yesterday, the House of Commons held a debate on the Next Steps in Leaving the European Union. During the debate Bill Cash made the following intervention:
The Secretary of State for Exiting the European Union (Mr David Davis): With permission, Mr Speaker, I will make a statement on the next steps in leaving the European Union.
The mandate for Britain to leave the European Union is clear, overwhelming and unarguable. As the Prime Minister has said more than once, we will make a success of Brexit, and no one should seek to find ways to thwart the will of the people expressed in the referendum on 23 June. It is now incumbent on the Government to deliver an exit in the most orderly and smooth way possible, delivering maximum certainty for businesses and workers. I want to update the House on how the Government plan to reflect UK withdrawal from the European Union on the statute book while delivering that certainty and stability.
We will start by bringing forward a great repeal Bill that will mean the European Communities Act 1972 ceases to apply on the day we leave the EU. It was this Act that put EU law above UK law, so it is right, given the clear instruction for exit given to us by the people in the referendum, that we end the authority of European Union law. We will return sovereignty to the institutions of this United Kingdom. That is what people voted for on 23 June: for Britain to take control of its own destiny, and for all decisions about taxpayers’ money, borders and laws to be taken here in Britain.
The referendum was backed by six to one in this House. On all sides of the argument—leave and remain—we have a duty to respect and carry out the people’s instruction. As I have said, the mandate is clear, and we will reject any attempt to undo the referendum result, any attempt to hold up the process unduly or any attempt to keep Britain in the EU by the back door by those who did not like the answer they were given on 23 June.
We are consulting widely with business and Parliament, and we want to hear and take account of all views and opinions. The Prime Minister has been clear that we will not be giving a running commentary, because that is not the way to get the right deal for Britain, but we are committed to providing clarity where we can as part of this consultative approach. Naturally, I want this House to be engaged throughout, and we will observe the constitutional and legal precedents that apply to any new treaty on a new relationship with the European Union. Indeed, my whole approach is about empowering this place. [Interruption.] Think about it.
The great repeal Act will convert existing European Union law into domestic law, wherever practical. That will provide for a calm and orderly exit, and give as much certainty as possible to employers, investors, consumers and workers. We have been clear that UK employment law already goes further than European Union law in many areas, and this Government will do nothing to undermine those rights in the workplace. I notice there were no cheers for that on the Labour Benches.
In all, there is more than 40 years of European Union law in UK law to consider, and some of it simply will not work on exit. We must act to ensure there is no black hole in our statute book. It will then be for this House—I repeat, this House—to consider changes to our domestic legislation to reflect the outcome of our negotiation and our exit, subject to international treaties and agreements with other countries and the EU on matters such as trade.
The European Communities Act means that if there is a clash between an Act of the UK Parliament and EU law, European Union law prevails. As a result, we have had to abide by judgments delivered by the European Court of Justice in its interpretation of European Union law. The great repeal Bill will change that with effect from the day we leave the European Union.
Legislation resulting from the UK’s exit must work for the whole of the United Kingdom. To that end, although no one part of the UK can have a veto over our exit, the Government will consult with the devolved Administrations. I have already held initial conversations with the leaders of the devolved Governments about our plans, and I will make sure that the devolved Administrations have every opportunity to work closely with us.
Let me be absolutely clear: this Bill is a separate issue from when article 50 will be triggered. The great repeal Bill is not what will take us out of the EU, but what will ensure the UK statute book is fit for purpose after we have left. It will put the elected politicians in this country fully in control of determining the laws that affect its people’s lives—something that does not apply today.
To leave the EU, we will follow the process set out in article 50 of the treaty on European Union. The Prime Minister will invoke article 50 no later than the end of March next year. That gives us the space required to do the necessary work to shape our negotiating strategy. The House will understand that this is a very extensive and detailed programme of work that will take some time. The clarity on the timing of our proposed exit also gives the European Union the time needed to prepare its position for the negotiation. The President of the European Council, Donald Tusk, said that the Prime Minister had brought, and I quote, “welcome” certainty on the timing of Brexit talks.
We will, as Britain always should, abide by our treaty obligations. We will not tear up EU law unilaterally, as some have suggested, but ensure that there is stability and certainty as Britain takes control on the day of exit, and not before.
People have asked what our plan is for exit. This is the first stage. To be prepared for an orderly exit, there is a need to move forward on domestic legislation, in parallel with our European negotiation, so that we are ready for the day of our withdrawal, when the process set out in article 50 concludes. Therefore, I can tell the House that we intend to introduce the great repeal Bill in the next parliamentary Session. It demonstrates the Government’s determination to deliver the will of the British people, expressed in the EU referendum result, that Britain should once again make its own laws for its own people.
It is nations that are outward-looking, enterprising and agile that will prosper in an age of globalisation. I believe that when we have left the European Union, when we are once again in true control of our own affairs, we will be in an even stronger position to confront the challenges of the future. The Government will build a global Britain that will trade around the world, build new alliances with other countries and deliver prosperity for its people.
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Sir William Cash (Stone) (Con): Has my right hon. Friend observed that some seem to have forgotten that the European Union Referendum Act 2015 gave the right to make the decision? Furthermore, the sovereignty of the people was given the opportunity to make that decision on the occasion of the referendum itself. As regards the repeal Bill, the sovereignty of Parliament will be maintained, because it will be decided in this House. All the procedures relating to article 50 are Government prerogative and not subject to the decision of Parliament itself at this stage.
Mr Davis: My hon. Friend is exactly right. He will remember that the Referendum Bill was carried in this House by a 6:1 majority, which included the vast majority of those on the Opposition Benches. He will also, because he is a constitutional lawyer, understand better than anyone else that Crown prerogative rests on the will of the people—that is the theoretical underpinning of it. There is no exercise of Crown prerogative in history that is better underpinned by the will of the people than this particular exercise.
