Results 181–200 of 8566 for speaker:Bill Cash

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: I am sure that my hon. Friend will be making this point, but I will try to anticipate it. There are circumstances in which the pooling of sovereignty by virtue of, for example, NATO is claimed to be a genuine pooling, but it is not, because it is possible to withdraw from it. The whole point about the European Communities Act is that it is not possible to withdraw from it except by repealing...

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: The answer is that I am supporting the outcome of the referendum, which, by virtue of our sovereign Acts of Parliament, we decided that we would pass over—

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: I had actually spotted that, Dame Rosie, and I am most grateful to you for confirming that I am in order. Let me now touch on some of the issues that arise from this continuous emphasis on the virtues of the European Court of Justice. There is the constitutional principle, which I have already explained, and there is the case law, which I have also already explained. But it goes further than...

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: I certainly will; I should be only too delighted. I have been waiting to hear from my right hon. and learned Friend, whom I happen to know very well, and for whom I have great respect. I shall listen to him with interest.

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: I do not think that matter has been entirely settled, by any means. The hon. and learned Member for Edinburgh South West (Joanna Cherry) earlier referred to a lunch she was at, where it appears that she was told we were going to be subject to the European Court of Justice, and my right hon. and learned Friend has made exactly the same point. I have to say that there are serious questions...

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: I am afraid not, as I really must proceed. None of these judge-made principles had any basis in the EU treaties, and the principle of the primacy of EU law is a judicial creation recently codified, and no more than that. However, because we have accepted judgments of the European Court under section 3 of the European Communities Act 1972, which we are going to repeal, we are saddled with...

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: I shall conclude my remarks on this point. The European Court is seriously deficient in a whole range of matters. On the question put by the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil), the idea has been put forward by Martin Howe QC, and I have put it forward myself in the House, of a system of jurisdiction that would be more in the nature of an arbitration, where there...

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: I want to start by simply outlining that, contrary to what the hon. Member for North East Fife (Stephen Gethins) has just suggested about there being weak arguments for why we should leave the EU and repeal the European Communities Act 1972, it is absolutely essential that we do so if we are going to have a self-respecting, self-governing democratic country. The Bill and this whole issue are...

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: Put simply, on the European Union Referendum Act 2015, which was a sovereign Act of this House—the point that the hon. Gentleman has just made—the House of Commons agreed, by six to one, that it would deliberately transfer to the people the decision whether to leave or remain in the European Union. Unless that Act is repealed, I do not believe that that decision should be returned to by...

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: The answer to the hon. Gentleman’s question is that no two democracies have ever gone to war with one another. I declare a personal interest in this issue because my father was killed in Normandy, fighting for this country, and I am proud that he got the Military Cross for that reason. This is something that many people in this country really understand and believe. It is not easy to...

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: There are at least 12,000 regulations, every one of which would have required a whole Act of Parliament, with amendments and stages in both Houses. A transcript would have been available. People would have known who voted which way and why, and known the outcome of what was a democratic process. Instead, as I said to my right hon. and learned Friend the Member for Rushcliffe—even he...

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: I am sorry to disillusion the hon. Lady. I have been in this House for 33 years and I have been on the European Scrutiny Committee for 32 of them. I can absolutely assure her that what she says is simply not reflected by the practice of the European Union. The system is essentially undemocratic.

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: My hon. Friend might just reflect on the fact that there is no other way of transposing the legislation. I drafted the original repeal Bill, so I understand it very well. I did so before the referendum, in fact, because—I say this to my right hon. and learned Friend the Member for Rushcliffe—I believed we would win. In reality, once we have brought this into UK law, we will be able to...

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: Yes, the reality is that the Bill, if and when it goes through—and I believe it will—will incorporate into UK law EU legislation already consented to in the way that my hon. Friend mentions. We have agreed to them, but unfortunately they have not had the democratic legitimacy that will be conferred upon them when the Bill goes through. I proceed now to the important question of the...

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: I also remember the case of Factortame, when Lord Bridge made it clear that by Parliament’s voluntary consent, given by virtue of the 1972 Act, an Act of Parliament—namely, the Merchant Shipping Act 1988—could be struck down. I am not trying to be disingenuous. The fact is that the 1972 Act empowers the European Court to strike down UK Acts of Parliament. That is what sovereignty is all...

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: I must say to the hon. Gentleman, and to my right hon. and learned Friend the Member for Rushcliffe, that there is a world of difference between that and having agreements by virtue of treaties in international law, which are actually matters on which it is possible to make decisions without being absorbed into and entangled in a legal order. That is the difference. It is the acquis...

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: Indeed. I wish to challenge my right hon. and learned Friend on his assertion that the manner in which the Council of Ministers has been operating has been adequately democratic and transparent. Can he please explain to us, from his own extensive experience, how it works and will he deny that, for the most part, it is done behind closed doors and that it is done by consensus, so nobody knows...


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