European Union (Approvals) Bill — House of Commons, 2017-07-04
Topic: International Affairs
William Nigel Paul Cash (Conservative, Centre-right): As has been mentioned, the European Scrutiny Committee, of which I was Chairman for six years, has actually cleared these decisions. We did have some reservations about one aspect, however: we wanted to know how all this would work out during the Brexit negotiations and after we have left the European Union Basically, there is a necessity for this Bill because, as the Minister pointed out, although we are leaving the EU, under sections 2 and 3 of the European Communities Act 1972 we are still within the framework of the requirements to comply with EU rights and obligations until Brexit takes effect. There are some who hope that all this will somehow be kicked into the long grass, that we will have arrangements that take us into a world of never-never land, and that it will all disappear. There are some in the House of Lords who certainly take that view and there may even be some in the House of Commons. I was extremely glad to note, however, that on certain matters, in particular the single market and the customs union, the decision that was taken on the Queen’s Speech made it clear—subsequent events seem to have confirmed it—that the Opposition have actually begun to become extremely realistic about the single market and all that goes with it. These sort of arrangements are implicit in the Brexit negotiations and in the outcome of Brexit The Bill has to provide parliamentary approval of the decisions on Albania and Serbia, and the European Scrutiny Committee had no reservation or concern after we heard from the relevant Minister—the same Minister who wrote me the letter last year. The important issue here is that Albania and Serbia are not by definition countries that are likely to become candidates for EU membership during the period of our negotiation process and exit. Mr Juncker himself said that he does not think there will be any enlargement until after we have left the EU, so such decisions will not impinge upon us. We do not have to take a specific position on the candidatures of Albania and Serbia The Bill’s briefing paper contains many references to the Fundamental Rights Agency, and one thing that has not yet been mentioned in this debate is the charter of fundamental rights, which is embedded in the Lisbon treaty arrangements and is a matter of law. I strongly resisted our being drawn into the charter, and we held a European Scrutiny Committee inquiry into how Lord Goldsmith and his negotiations had failed so dramatically. We thought that we were not going to be a member of the charter, but we ended up within that framework. The Fundamental Rights Agency, which promotes dialogue with civil society in order to raise public awareness of fundamental rights, things which would be part and parcel of the functions that would be carried through by virtue of the Bill in respect of Serbia and Albania, contains something of a vacuum because we will not be part of the charter of fundamental rights after we have left the EU, but we are part of it for the time being, so to that extent there is a problem. I will not invite the Minister to enlarge on that—I hope she is glad about that—but I want to put it on the record that the charter of fundamental rights should never have applied to us in the first place. It was a botched job by the then Labour Government, and we are now saddled with the fact that we are in it. Fortunately, however, we will be coming out of it as a result of Brexit.