Sir William Cash: I would not call this the European Union (Withdrawal) Bill; I would call it the European Union (Subservience) Bill

Hilary Benn’s European Union (Withdrawal) (No. 6) Bill which would delay Brexit until January in the absence of a deal or approval for No Deal as of 19th October was passed yesterday by 327 votes to 299 (majority: 28). Boris Johnson described it as “a Bill that effectively ends the negotiations; a Bill that demands an extension at least until next year, and perhaps for many more years to come; and a Bill that insists that Britain acquiesces to the demands of Brussels and hands control to our partners. It is a Bill designed to overturn the biggest democratic vote in our history, the 2016 referendum.”

Sir William Cash raised a point of order and, during the debate, made the following speech and interventions:

Sir William Cash (Stone) (Con): On a point of order, Mr Speaker. It will be perfectly obvious to anyone watching these proceedings and, for that matter, the entire House that this incredibly rushed procedure is a travesty in itself. This will be incredibly difficult, even given the manner in which you put your statement just now, due to the speed with which we are going to have to assess the Bill, which we have not even seen yet and which, I understand, is only just being made available in the Vote Office. We will then have to make amendments to the Bill and then see the people who might support them. All that raises some incredibly difficult questions not only of procedure, but of the drafting of the amendments. That is my first point.

My second point is that there is an issue regarding Standing Order No. 14, which relates to the timing within which private Members’ Bills of this kind should be introduced. I would be grateful if some consideration was given to that point right now or shortly after you have had a chance to talk about it with the Clerks.

My third and fourth points are to do with Queen’s consent and the money resolution, because we went through all this in relation to the so-called Cooper-Letwin Bill. You made rulings on these matters then but, of course, this Bill is significantly different from that Bill on a whole range of matters. I understand you have had an opportunity to consider these questions privately, with the Clerk of Legislation I imagine, and I would be grateful if, in that context, you could give a ruling on the questions of both the money resolution and whether Queen’s consent is required.

The issues are there, and it is perfectly apparent that vast sums of money are being involved on a monthly basis as a result of the extension of time under the Cooper-Letwin Bill. It is at least £8 billion from April to October, and now it is being extended by a further three months, which is even more money.

Mr Speaker: I am extremely obliged to the hon. Gentleman for his point of order, and I will attempt briefly to respond to each of the important points that he legitimately raises.

In terms of timing, it seems to me that there are two senses in which that concern can be aired and needs to be answered. The hon. Gentleman, if I understood the terms of his point of order correctly, focused in particular on the issue of time in the sense of the lack of it for Members to study the Bill and to table amendments. My response is as follows.

First, the hon. Gentleman is a quite remarkably experienced, skilled and dextrous parliamentarian. Now, admittedly not everybody has his level of experience, skill or dexterity, but I know he would not imagine that that of which he is capable is completely beyond everybody else. In other words, if everybody else has the opportunity to study the Bill and to come to a view about whether they wish to table amendments—the basic subject matter of the Bill was well known to them—they will be able to do so, probably at least close to his own level of acceptability and his own standard. That is the first point.

The second point on timing is that, of course, it is intended that the Bill will go through all stages today but, of course, there are several precedents for that. Those Bills have ordinarily been Government Bills, very often concerning Northern Ireland, but I accept it is unusual. What it is not, in any sense, is disorderly.

The hon. Gentleman has raised very important questions about a money resolution and Queen’s consent. Yes, this Bill is different, but I have, of course, consulted the Clerk of Legislation and other senior Clerks, on whose procedural expertise we regularly call. My ruling on Wednesday 3 April 2019, in respect of the earlier Bill that the hon. Gentleman referenced, was that

“the European Union (Withdrawal) (No. 5) Bill does not require either a Ways and Means motion or a money resolution… extending the period under article 50 would continue the UK’s rights and obligations as a member state of the EU for the period of the extension, which would have substantial consequences for both spending and taxation.”—[Official Report, 3 April 2019; Vol. 657, c. 1130-31.]

Clause 4(1) of the Bill before us today would require exit day to be moved to match any extension agreed with the European Council. The financial resolutions passed on Monday 11 September 2017 give fully adequate cover for the exercise by Ministers of their powers under sections 23 and 24 of the European Union (Withdrawal) Act 2018 to move exit day in order to keep in lockstep with the date for the expiry of the European treaties, which, of course, is determined by article 50 of the treaty on European Union.

So far as Queen’s consent is concerned, my ruling on Wednesday 3 April was that

“as no prerogative consent was required for the Bill in 2017 giving parliamentary authority to the Prime Minister to take action under article 50 of the treaty on European Union, there is no requirement for new and separate prerogative consent to be sought for legislation in 2019 on what further action the Prime Minister should take under the same article 50 of the treaty on European Union.”

The Bill before us today could require the Prime Minister to seek and accept an extension in certain circumstances, although it would still be up to the European Council to agree unanimously to an extension with the UK. In these circumstances, and I say this on the basis of professional advice, my ruling is that Queen’s consent is not needed for this Bill.

It will probably not satisfy or even humour the hon. Gentleman when I conclude my response with what I am about to say, but it is this: he will not be altogether surprised to know that we did consider these matters, not least in the expectation that they are legitimate issues that might be raised either by him or by others. I have been advised, I am satisfied with that advice and I would not rule unless I had asked the questions and got the answers, and I have done. I have asked the questions, I have received the answers and I have been satisfied that it is orderly to proceed and that the answers I have given in respect both of the money resolution and of Queen’s consent are correct.

(…)

Sir William Cash: Further to that point of order, Mr Speaker. I understand your ruling. I just want to put on the record the fact that where I was referring to discussions that have taken place, those have been based on some extremely learned analyses, for example, those by Dr Robert Craig, which are available on blogs and in various papers, and Sir Stephen Laws, a former First Parliamentary Counsel. So these issues have been looked at over the last period, and I just wanted to put that on the record.

Mr Speaker: I am very grateful to the hon. Gentleman for putting that on the record. What he is really saying, if I may put it in shorthand, is that there are clever and distinguished people who take a view with which he agrees and which it is therefore useful for him to invoke in the course of this exchange. I absolutely accept that, but, knowing him as I do, I know that he would not, for one moment, cast aspersions on the character, integrity or ability of the Clerk of Legislation, who is deeply versed in these matters and regularly consults his scholarly cranium in order to provide advice to Members in all parts of the House on them. If, on this occasion, the view of the Clerk of Legislation is uncongenial to the hon. Gentleman, that is, obviously, most unfortunate, notably for the hon. Gentleman, but it does not further advance his cause this afternoon. I hope that we can leave it there, because—

(…)

Hilary Benn (Leeds Central) (Lab): I beg to move, That the Bill be now read a Second time.

I want to say at the start that every Member of this House, whatever view they hold on the fundamental political question before us, is trying, as they see best, to act in the national interest and in the interests of their constituents. The problem—the reason why we are here today—is, of course, that each of us has a slightly different view of what those best interests are.

I recognise that we have only a very short amount of time in which to debate this Bill. Let me respond on that point by quoting—I can do no better—the right hon. Member for West Dorset (Sir Oliver Letwin), who said:

“it can only be done at high speed, because there is no time left.—[Official Report, 3 April 2019; Vol. 657, c. 1065.]

Wherever we stand on this issue, we know there is very little time left, and following the decision on Prorogation, there is even less time than would have been available previously. Therefore, I hope that, recognising that we have strongly held views, we will treat each other with respect and consideration during this debate.

The purpose of the Bill is simple: to ensure that the United Kingdom does not leave the European Union on 31 October without an agreement. The Bill has wide cross-party support; may I say that it is a great pleasure to be just above the right hon. Member for North East Bedfordshire (Alistair Burt) on the list of names? The Bill is backed by Members who have very different views on how the matter of Brexit should be finally resolved, including Members who until very recently were senior members of the Cabinet. People could describe this as a somewhat unlikely alliance, but what unites us is a conviction that there is no mandate for no deal, and that the consequences for the economy and for our country would be highly damaging. Those supporting the Bill believe that no deal is not in the national interest.

(…)

Sir William Cash (Stone) (Con): Does the right hon. Gentleman believe that, irrespective of the speed with which all this is being done, a matter of such importance should really be dealt with in the context of a general election?

Hilary Benn: There may well be a general election at some point, but this legislation needs to be passed. It needs to go through the other place and receive Royal Assent, and it needs to be given effect. In other words, we must secure that extension to article 50, otherwise there is a risk that the election would result in our leaving without a deal, which, as it may turn out at 7 o’clock tonight, is not what the House of Commons wants. We should respect the view of the House of Commons.

(…)

Sir William Cash (Stone) (Con): I want to refer briefly to the remarks of the right hon. Member for North East Bedfordshire (Alistair Burt). I simply want to explain very simply that I was going to intervene because he referred to the sacrifice that people had made in the last war and I want to put it on record that my father was killed in the last war, and I think I understand not only the issues involved in that, but also the fact that he fought for freedom, and I believe that that is our heritage, and that is what we should fight for—not to be governed by other people. I just leave that on the record.

I happen also to very much agree with my right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright) on what is an extremely rare occasion when somebody has actually explained, as I have a number of times, that there is nothing in this arrangement that has been foisted upon us that would prevent us from leaving without a deal. We can do so if we wish to do so, and there is nothing in the referendum Act, or any question in the Act, which constrains us from that course of action.

Fundamentally, I simply want to make the following point. I would not call this the European Union (Withdrawal) Bill; I would call it the European Union (Subservience) Bill. We have only to look at the words in the Bill, and in the very short time that I have available I will simply refer to a few of its phrases. Clause 1 says:

“The Prime Minister must seek to obtain from the European Council an extension of the period”.

Clause 3 states:

“If the European Council decides to agree an extension…the Prime Minister must, immediately after such a decision is made, notify the President of the European Council that the United Kingdom agrees to the proposed extension”

and so on.

Clause 4 says, in relation to the withdrawal Act of 2018 that, where regulations are to be made, for the definition of exit day

“for ‘may’ substitute ‘must’.”

This is a disgraceful reversal of our constitutional arrangements. We operate in a free Parliament where we have elections that are taken periodically—every five years as a normal rule—and we make our decisions. We have a system of parliamentary Government, not government by Parliament; that is a fundamental constitutional principle. This Bill offends that principle, and that is why I am deeply opposed to its proposals.

(…)

Sir William Cash (Stone) (Con): The question I raise in this series of amendments relates in particular, as I said in my brief speech just now, to the extent to which the United Kingdom is put under a duty—an obligation —to be subservient to the European Union. I find this Bill deeply offensive for that reason alone, and, as I said earlier, our whole parliamentary constitutional arrangement is based on the fact that we make decisions in general elections by the free will of the British people in a secret ballot. When those decisions are taken and the results come out in the respective constituencies and a majority or otherwise is arrived at to decide upon the composition of this House of Commons, that is a free Parliament based on a secret ballot and on the free choice of the British people.