European Union (Withdrawal) (No. 2) Act 2019 (Rule of Law)

Part of the debate – in the House of Commons at 8:43 pm on 9 September 2019.

Alert me about debates like this

Photo of Dominic Raab Dominic Raab The Secretary of State for Foreign and Commonwealth Affairs 8:43, 9 September 2019

It is a great pleasure to wind up this debate, and I pay tribute to the interesting points that have been made on both sides of the House.

This Government will always respect the rule of law. That has consistently been our clear position and, frankly, it is outrageous that it is even in doubt. Of course, how the rule of law will be respected is normally straightforward, but sometimes it can be more complex because there are conflicting laws or competing legal advice. The Government usually get their interpretation right, but there have been many judicial reviews down the years, under many different Governments of different complexions. The Government cannot and would not wish to prevent that. Indeed, judicial review is part and parcel of the rule of law.

When, on occasion, the Government have lost a case on one or more contentious grounds—this has been true under successive Governments—of course they must correct their position accordingly and expeditiously.

I am a lawyer by training, I have served twice in the Ministry of Justice and I can reassure hon. Members that I take this duty to respect the rule of law particularly seriously. At the same time, it is true to say that the country is appalled by what it is seeing in Parliament, not for the reasons given by Steve McCabe, but because hon. Members voted for a referendum and promised repeatedly to respect the result, and yet now people see that the Leader of the Opposition and others have repeatedly tried to frustrate Brexit. The right hon. Gentleman has now made it clear that that is Labour party policy. The ballot paper in 2016 did not say, “Leave, if and only if Brussels agrees a deal”; it did not require us to seek permission from Brussels before departure. and it did not give the EU a veto over Brexit.

The Prime Minister and this Government have been working hard for a good deal—the Prime Minister has been at it again in Dublin today—but it must be an acceptable deal that Parliament can pass. We will continue that effort. But respecting the referendum must also mean that this House allows us to leave without a deal if Brussels leaves no other credible choice. Three years of experience, to date, demonstrates that taking that option off the table severely weakened our negotiating position in Brussels, yet last week this House voted for another delay, and in doing so it further weakened our position at a critical juncture in these negotiations, a point made powerfully and eloquently by my right hon. Friend John Redwood.

So we are now in dangerous territory. Across the country, millions of voters are concluding that Parliament is refusing to allow Brexit to happen, because some MPs just do not like it and because some politicians think the voters got it wrong in 2016—that was the thrust of the comments made by Ian Blackford.