Sir Bernard Jenkin
MP for Harwich and North Essex · Conservative · United Kingdom
“Despite long and historic disagreements between successive UK Governments and Israel, it has remained a steadfast ally in counter-terrorist efforts to keep our people safe in this country. We are now embarked, it seems, on a full diplomatic dispute with Israel and tit-for-tat expulsions of diplomats.”
“I would very much have liked to have discussed the medical devices questions arising from the Bill. The Minister made an incredibly short speech about that important matter. It is quite clear that these provisions are part of the covert dynamic alignment with the EU and the covert rejoin agenda being pursued by the Government.”
“I am as keen as anybody to get on with discussing the Health Bill, but this topic is too serious an opportunity to miss, given that the hon. Member for Leeds Central and Headingley (Alex Sobel) has raised such important issues. I really commend his speech and his initiative. Everybody should read it.”
“The Minister shakes her head, but she is yet to give a good reason as to why this measure is in the Bill. When we had an Adjournment debate in July with the then Minister for patient safety, the hon.”
“The chief executive of the CQC is wantonly conflicted in terms of looking after the safe space, so he cannot be the one left in charge of that function. The real point here is that we are missing the opportunity to save so much money. Governments keep having public inquiries.”
“I asked the Minister, in a letter I sent her after the debate in July, to give us the information on how much the transfer of all this would cost. Nothing has arrived. I never had a reply to the letter. Of course, the Government have changed the Minister and the new Minister for patient safety, the right hon.”
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Every one of 4,591 lines we hold for Sir Bernard Jenkin, in date order, each linked to its source. Free to read, in full, without an account. Page 26 of 92.
“Friend on 14 February, when he said: “The process of which we are now at the start will require the fundamental realignment of the relationship between the civil service, Government and Parliament…for a period, for this purpose, we will have to take on the government of our country.” —[ Official Report , 14 February 2019; Vol. 654, c. 1110.] But this “Government”—those sitting on my left, including my right hon. Friend—are not accountable to the hon. Gentleman who was asking the questions. It is not possible to table a question to this “Government”, and it is not possible to ask this “Government” to come and make a business statement, because, of course, they are not a Government; they are merely pretending to take over the role of a Government. I do not wish to discuss Brexit in my speech.”
“I agree with the right hon. Member for Carshalton and Wallington (Tom Brake) on one point: the present situation has obviously arisen because the Government have lost the confidence of the House on this issue. I shall return to that question later in my speech, but let me first return to the questions posed to my right hon. Friend the Member for West Dorset (Sir Oliver Letwin), very courteously and politely, by the hon. Member for Stoke-on-Trent Central (Gareth Snell). I think that they were perfectly reasonable questions, for which the hon. Gentleman was having some difficulty in holding my right hon. Friend accountable. I am reminded of the words that we heard from my right hon.”
“It is a question of who imported whose model. Montesquieu actually thought that he was copying the British system when he created a United States constitution that gives the President a legislative veto and requires a two-thirds majority of Congress to overrule it.”
“Very droll. My hon. Friend rather misses the point of my opening remarks that I do not wish to discuss Brexit. I simply point out that he voted for the European Union (Withdrawal) Act 2018, which legislated for us to leave the EU with or without a withdrawal agreement. He put that on the statute book with me, so in that respect, parliamentary democracy has been served.”
“I say to my right hon. and learned Friend that the problem with the process of indicative votes is that MPs are free to pick and choose whatever policies they like, without any responsibility for what happens afterwards. There is an obvious flaw in that process—I look particularly at Opposition Members. Especially in a hung Parliament such as this, it is not unreasonable to suspect that individual Members might have ulterior motives for supporting or opposing particular measures, rather than voting just on their merits. After all, the House of Commons is a theatre, within which different political parties compete for power, either by trying to avoid a general election or trying to get one by collapsing the Government. Amid that chaos, who is to be held accountable for what is decided?”
“I agree with my right hon. Friend. I have some criticism of the way in which the Government have conducted their European policy, but they cannot be held responsible for decisions for which they did not vote or prove impossible to carry out.”
“I will give way to the hon. Gentleman. I noted that he described the procedure as “Game of Thrones”. That underlines how it is open to ridicule. No doubt he will continue his ridicule because he wants a nationalist Scotland.”
“It is one thing for a minority of the governing party to help to vote down a Government proposal; it is something else, and quite extraordinary, to combine forces with Her Majesty’s official Opposition to impose an entirely Government different policy that the Government were not elected to implement.”
“I do not think that that is a secret. I am surprised that the hon. Gentleman has not looked it up. The problem is that last week’s indicative votes have already discredited Parliament because no single proposal was adopted by a majority. Sustained use of the procedure is already undermining trust, increasing alienation and destroying the credibility of institutions that have historically worked tolerably well. It is apparent that the long-term effects of this constitutional upheaval are not a consideration for those who are forcing it upon us. There is no electoral mandate for such a dramatic constitutional upheaval. In what circumstances would this experiment be repeated in the future, perhaps when a majority Government did not have a majority on a particular issue?”
“The vote to leave was in part to reverse the democratic deficit of the institutions of the European Union and to restore national democratic accountability. Whatever anyone’s view, that should be uncontroversial. The EU’s elected Parliament is blighted by low turnouts, and I doubt that anyone other than those who follow these issues most minutely could name with any certainty more than one or two of the candidates to be the next President of the European Commission, which is of course a legislative body. If we are to respond to the mandate expressed in the referendum, it cannot be right that we corrode our own system of parliamentary government by making it less accountable to voters in elections and rendering its process more inaccessible and confusing.”
“I am deliberately not going to become involved in that argument, but my hon. Friend knows that I do not believe that the withdrawal agreement delivers Brexit. What policy decisions would be eligible to be made through this procedure in the future? Why not decide taxation policy like this, or social security? I well remember my right hon. and learned Friend the Member for Rushcliffe, when he was Chancellor of the Exchequer, giving stinging rebukes to those who voted down his policy on increasing VAT on fuel. It is a bad thing for a Government to lose a vote on a taxation measure in a Budget, but just imagine handing over the entire Budget proposals to the House of Commons to be voted on in this way.”
““Ignored” is the operative word that the right hon. Lady uses. Obviously, it is and should always be the practice of Governments to respect the will of the House as expressed in a motion. However, as Mr Speaker himself has confirmed, a motion is merely an expression of opinion, and it is up to the Government to decide how to respond to that opinion. This underlines how, in our system, a Government propose and Parliament disposes. Parliament does not take over the Government’s role, which is what is being proposed in this process.”
“It seems that the House will strike but not kill, and this new kind of instability is already having dire consequences for our voters’ rapidly diminishing confidence in our nation’s democracy.”
“That takes me on to my next point, which is that it seems likely, so long as the Fixed-term Parliaments Act 2011 endures, that minority Governments will continue to be vulnerable to this usurpation of power—or this paralysis, as the hon. Gentleman sees it—which will bring some in this House more influence while never being held accountable or responsible for what happens as a consequence of any decisions made in that way. The risk is that this process of disapplying Standing Orders, casting aside the processes of the House of Commons, seizing control from the Government, threatening to pass legislation against the Government’s wishes and bending the Executive to the legislature’s will is being used to remove a Government from power but not from office.”
“I am perfectly clear that whatever the public voted for in the referendum, or at the last general election, nobody had a clue that they would be voting for a withdrawal agreement anything like the one before the House today. May I ask my hon. Friend about a matter of good faith? I interpreted the Attorney General’s remarks to be a suggestion that we should perhaps approve the agreement today in order to satisfy the technical terms of the extension agreed by the EU27, on the basis of some kind of ruse to get a further extension, even though we have not actually approved the withdrawal agreement and the political declaration in the terms that we said we would. Is that an act of good faith with our European partners?”
“This Executive decision was approved by a Minister without proper reference to Parliament, bringing back to this House not just international law but law that is binding in our own law and binding on this Parliament. May I put it to my hon. Friend that it is exactly this kind of decision making and law making that people voted against in the referendum?”
“I want to correct the hon. Gentleman’s account of recent history. In fact, the Government agreed to put in the date voluntarily, and then were blackmailed by the remain faction in our party to provide flexibility on the date. That is actually what happened.”
“In fact, if this statutory instrument goes through, the next time the Minister brings an order to this House to implement an EU directive, decision or regulation, there will probably have been no UK Minister sitting at the table in Brussels to agree that decision, or even to be there to be outvoted. That decision will just have been handed down through the withdrawal agreement. I have never considered myself a populist or a man of the people, but it is only those like me, who will vote against this decision to cancel leaving the EU on 29 March, who are truly representing what the British people decided in the referendum. We are the real majority in this House, but we are sorely under-represented by its Members.”
“History will mark this day as the moment when this House decided to start to turn against the decision to leave the EU and against the mandate upon which most MPs in this House were elected— [ Interruption. ] Oh yes, there are exceptions, but I am talking about the 85% of votes that were cast for pro-Brexit parties. So far, the EU’s withdrawal agreement has been rejected for good reasons, not least because it is so far from taking back control over our laws, borders and trade. That is one point on which I agree with the hon. Member for Edinburgh East (Tommy Sheppard).”
“The hon. Member for Wallasey (Ms Eagle) gave the game away when, amid all her hyperbole and rhetoric, she betrayed her desire for a “much longer delay”. That is what the remain majority in this House really want. I was rather shocked to hear the hon. Member for Greenwich and Woolwich (Matthew Pennycook) say that this measure should be entirely uncontroversial. He might not have been listening, but millions of our voters certainly have been listening and they were expecting to leave the EU on 29 March. For them, this debate comes as a very great disappointment, because this order cancels exit day on 29 March. The way in which the Council decision was agreed illustrates exactly why people voted to leave the EU, as my right hon. Friend the Member for Wokingham (John Redwood) set out.”
“Moreover, the process has been supported by those either embarking upon embellishing the discredited withdrawal agreement with ever greater restrictions on our right of national democratic self-determination or seeking to disrupt Brexit or stop it altogether in defiance of the manifesto promises upon which most of us were elected. I therefore regret to conclude on these matters, including these regulations, that this House is left with questionable democratic legitimacy.”
“I am going to press on. This House has now embarked upon an unprincipled constitutional experiment. The Public Administration and Constitutional Affairs Committee, which I chair, recently heard from a retired Lord Chief Justice that nothing like this experiment has occurred since the recasting of the role of Parliament in 1688, which shows just how radical it is. I recognise the sincerity of many right hon. and hon. Members involved in the experiment, but they have resorted to the most questionable constitutional methods, which leave no Government or anyone else accountable for what is being decided. Who will the voters now hold to account for the outcome of the Brexit question?”
“I agree with my hon. Friend. I will vote against these regulations, and let me say something about the mess that we are now in. I can fairly claim to be one of the minority in this House who were the authors of the voters’ referendum decision, and I am proud of that. Most of us who voted leave have stuck with what we believe, one way or another. We are not the authors of what the remain majority in this House, with the Government, have made of Brexit, nor of what they continue to inflict upon our sad and disillusioned voters.”
“May I return to the question raised by my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) to contest my hon. Friend the Minister’s rather doubtful assertion that this is normal for an international treaty? I do not know of any other international treaty where one of the signing parties is submitting to a law-making power by the other, the laws will be made in a Joint Committee that can sit in secret, and any matters of dispute will be referred to the court of the other party. Can he give any examples of an international treaty of this nature where those arrangements exist, and where the laws being made are directly applicable and have direct effect in the domestic law of only one of the states?”
“We do not want to trust our public services to such a risky model.”
“Does my hon. Friend recall the inquiry and report by the Public Administration and Constitutional Affairs Committee, which I chair, on the collapse of Carillion? We found that in this sector there was a habit of companies taking on far too much risk without sufficient compensation from contractors, and we found over-optimism on the behalf of Government that they could transfer risk at unrealistic prices. Is this not another example of a company that is paying that price? Should we not be more optimistic that the company has been put into a pre-pack administration in a much more responsible fashion, with lenders taking a much more responsible view? Is there not also a lesson that shareholders must accept that this is not a sector that lends itself to high risk and high return?”
“There might be some concern, Mr Speaker, that the selection of amendments does not reflect the will of the House, because the will of the House cannot be expressed on an amendment, as you have said previously, until there has been a vote on that amendment. Therefore, given that amendment (b) expresses different matters that you have chosen not to select, what are we to conclude from your own views on these matters?”
“Will the hon. Gentleman explain to the Committee why he thinks the United Kingdom is incapable of providing these policies and legal frameworks for ourselves?”
“I am the Chair of the Select Committee on Public Administration and Constitutional Affairs, of which the hon. Gentleman was a member. He will recall how much work we did on trying to reinforce the linkages between Whitehall and the devolved Adminstrations and the relationships between the devolved Parliaments and this Parliament, and to create consensual frameworks around exactly the kind of thing that he is discussing. I hope that the Minister will treat his request extremely seriously.”
“First, may I thank my hon. and learned Friend for making it clear that there are viable alternative arrangements, which the Government are discussing, arising from the so-called Brady amendment? Last week, President Tusk tweeted that no concrete proposals had been received from the UK Government. Will he now confirm that these proposals have been presented as Government policy to the European Union?”
“Further to that point of order, Mr Speaker. I would be most grateful if you permitted me to add my own words about Paul Flynn. As Chair of the Public Administration and Constitutional Affairs Committee, I inherited him as a long-standing artefact of the Committee who had contributed to and had a huge knowledge of the Committee’s work over a great many Parliaments. I have to say that he and I contributed to some creative and very productive friction on the Committee. Nevertheless, every member of the Committee had a very high regard for his extraordinary commitment and his sense of principle—the fact that at times he was the conscience of the Committee, on issues such as conflict of interest—and we will greatly miss him from our work. I send my best wishes to his family.”
“Further to that point of order, Mr Speaker. May I just draw your attention and that of the House to the report produced by the Select Committee on Public Administration and Constitutional Affairs on exactly this question—the status of motions of the House of Commons—because I think the House would find it instructive?”
“On a point of order, Mr Speaker. In substance, just to be clear, you are absolutely right that a motion of this House is an expression of opinion. Ultimately, if this House has an opinion to which it is sufficiently attached and which the Government refuse to adopt, this House can remove the Government, but recently this House expressed confidence in the Government. Unless this House changes its mind on that, the Government should respect what the House says and respond to it respectfully, but they are not bound to implement an instruction that is expressed in the form of an opinion in a motion passed by the House of Commons.”
“My right hon. Friend will be aware that there is no formal machinery for the Parliaments of the United Kingdom to work together and to scrutinise the work of the Joint Ministerial Committee and the Executive functions that work together. The Interparliamentary Forum on Brexit again met in January and called for this. Will he support this Parliament and provide it with the necessary resources so we can institute proper interparliamentary machinery in the United Kingdom?”
“May I point out to my right hon. Friend that the House has already had some indicative votes? The House did not like the withdrawal agreement as it stands and would prefer not to leave without a withdrawal agreement at all, and the whole Government voted to replace the backstop. What progress is being made in the discussions led by a remarkable alliance of my right hon. Friend the Member for Loughborough (Nicky Morgan) and my hon. Friend the Member for North East Somerset (Mr Rees-Mogg)? They are promoting what is known as the Malthouse compromise, which would replace the backstop with a perfectly viable scheme to secure an open border in Northern Ireland under all circumstances. What is holding it up?”
“I thank my right hon. Friend the Prime Minister for her statement and for her willingness to engage with those who are willing to engage with her. I congratulate her on the vote last week that she won, namely the vote of confidence, which she won on the basis that she would not engage in preparations for a second referendum, and on the basis that we either negotiate a successful deal for which the House of Commons votes or leave on World Trade Organisation terms. Will the Prime Minister take the advice of J.P. Morgan, which stood side by side with remain in the referendum, but which now warns that the extension of article 50 would be the worst of all possible worlds and “death by a thousand cuts” for the British economy? Will she ensure that we avoid that extension?”
“We need to be clear that when people say that the Union customs code must be applied and WTO rules must be applied, yes, they are right, but that is in order to provide confidence that checks are being made. They do not have to be made at the frontier—they can be made away from it—so there is no need for a hard border in Northern Ireland.”
“Near the beginning of her remarks the right hon. Lady prayed in aid the former head of MI6, Sir Richard Dearlove, and the former Chief of the Defence Staff, Lord Guthrie. But they want to leave the European Union without this agreement. They do not support what she is saying, but she seemed to be linking their names with what she is saying. That would be misleading if it were her intention, but I am sure that it was not.”
“I cannot help but reflect on the fact that the speech of the hon. Member for Glenrothes (Peter Grant) followed that of my right hon. Friend the Member for Mid Sussex (Sir Nicholas Soames), who called for calm and moderation in this debate. I am afraid that some of the language the hon. Gentleman used rather failed to rise to that challenge. For him now to call for a people’s vote when he never for an instant accepted the result of the people’s vote we have already had underlines the point about double standards raised by the hon. Member for Edinburgh South (Ian Murray).”
“Leaving on WTO terms is far preferable to the protracted uncertainty of either extending article 50 or this unacceptable withdrawal agreement. The leadership of this country—that includes the Government and the Opposition—should stop reinforcing weakness and start talking up our strengths and building up our confidence. History has proved that our country can always rise to the challenge, and our people will never forgive the politicians who allow the EU to inflict defeat. It saddens me greatly that even some in my own party are promoting such a defeat.”
“The president of Port Boulogne Calais said: “We have been preparing for No Deal for a year....We will be ready....We will not check trucks more than we are doing today...We will not stop and ask more than we are doing today”. He added that the new special area for sanitary and phytosanitary checks was somewhere else, and would “not influence the traffic in Dover.” The Government and the pharma companies say that they can guarantee supplies of medicines, and the EU Commission has proposed visa-free travel for UK citizens in the EU for up to six months of the year. The EU statement of 19 December already proposes its own transition period of up to nine months, including no disruption of central bank clearing, a new air services agreement, access to the EU for UK road haulage operators and special regulations on customs declarations.”
“Morgan now says that extending article 50 is the “worst case scenario” because it does “not see what it provides us in reaching a clear, final outcome that provides certainty for businesses”. It adds that paralysis is “not good for the economy”, yet that is what the article 50 extenders are arguing for. We will not be caught in any backstop if we leave without a withdrawal agreement, nor will there be a hard border in Ireland. Even Leo Varadkar has said that “under no circumstances will there be a border. Full stop.” The EU and the UK Government have said the same. All of the more ludicrous scare stories are being disproved. There will be no queues at Dover or Calais. The president of Port Boulogne Calais could not have been more emphatic— [ Laughter. ] Labour Members laugh, because they do not want to hear the truth.”
“Even if we leave without a withdrawal agreement, there will be immediate benefits. WTO is a safer haven than the backstop. Far from crashing out, we would be cashing in. We would keep £39 billion, which would immediately improve our balance of payments and could be invested in public services, distributed in tax cuts or used to speed up economic adaptation. That would boost GDP by 2% over the next few years. We would end uncertainty; the draft agreement would perpetuate it. Business needs clarity about trading conditions with the EU from day one. Jamie Dimon of J. P. Morgan campaigned for remain, side by side with George Osborne, the then Chancellor of the Exchequer. J. P.”
“In the years to come, in the words of Mervyn King, the former Governor of the Bank of England: “If you give people a chart of British GDP and ask them to point to where we left the EU, they won’t be able to see it.” Our domestic policies, as well as our trade with the rest of the world, have already become far more important than our present trading relationship with the EU. We will have the freedom to develop them more quickly. Our EU membership does not just cost the net contribution of £10 billion per year and rising, which does no more than avoid some £5.3 billion of tariffs, but it has locked the UK into an EU trading advantage, leaving the UK with an EU trade deficit of £90 billion a year. Why are we trying to preserve such a disadvantageous trading relationship?”
“Of course, a second referendum is what the EU really wants, which is why it will not give the UK a good deal. It is shameful that so many leading political figures from our country have been shipping themselves over to Brussels to tell the EU not to make concessions in the negotiations with their own Government, in order to try to get a second referendum. The EU is a profoundly undemocratic and unaccountable institution, whose biggest project, the euro, has inflicted far worse disaster on businesses, individuals and families in many countries than even the direst Treasury forecasts for the UK. The economic and political storm clouds are still just gathering over the EU. It is the EU that is on the cliff edge of disaster, not the UK.”
“UKIP died at the 2017 general election because both the main parties pledged to implement the referendum decision without qualification. But what are some in this House trying to achieve now? What would be the consequences for the stability and security of our democracy if the Government let the politicians turn on the majority of their own voters and say, “The politicians are taking back control, not for Parliament but to keep the EU in control”? The voters did not vote to accept whatever deal the EU was prepared to offer. They voted to leave, whether or not the EU gave us permission. Ruling out leaving without a withdrawal agreement is not a democratic option. They did not vote to remain as the only alternative to a bad deal, they did not vote for the EU to hold the UK hostage, nor did they vote for a second referendum.”
“There is no democratic case for changing it, nor could that be in the national interest. The right hon. Member for Hackney North and Stoke Newington (Ms Abbott) reminded us of some of the less pleasant elements on the spectrum of British politics, but elsewhere in the EU, extremism is becoming far more entrenched than here, with AFD in Germany and the gilets jaunes on the streets of Paris, as well as Lega Nord, which has actually taken power in Italy. Popular revolt against the immovability of the established EU consensus in the rest of the EU cannot be blamed on Brexit. On the contrary, our broad and largely two-party democracy has proved to be the most durable and resistant to extremism because we absorb and reflect the effects of political and economic shocks.”
“It could have included an amendment that the Act should not come into force without an article 50 withdrawal agreement, but we approved that Act, which provides for leaving the EU without a withdrawal agreement—I think even my right hon. Friend the Member for Mid Sussex voted for that Act. Parliament has now spoken. The Act makes provision for the so-called “meaningful vote”, but not for any kind of vote in this House to prevent Brexit without a withdrawal agreement. Democracy has been served. For some MPs now to complain that they did not intend to vote for what the Act provides for is rather lame. They may have held a different hope or expectation, but the Government gave no grounds for that. The Government always said, and still say, that no deal is better than a bad deal. Parliament has approved the law and set the date.”
“In the emergency debate on Tuesday 11 December I emphasised the democratic legitimacy of the referendum vote. The Commons voted to give the decision to remain or leave to the voters by 544 votes to 53, and then we accepted that decision and invoked article 50 by 494 votes to 122. Nobody could possibly question the courteous determination and sincerity of my right hon. Friend the Prime Minister, who has striven so hard to secure an agreement acceptable to this House from our EU partners, but it now looks most unlikely that this draft agreement will be approved, because it would leave the UK in a less certain and more invidious position than we are prepared to accept. Nevertheless, the EU withdrawal Act, which sets the exit date as 29 March 2019, did pass this House.”
“No, I am not giving way; the hon. Gentleman spoke for a long time. But I will say this: like him, I believe in the sovereignty of the people, and in fact I believe in the sovereignty of the Scottish people, and the Scottish people spoke in 2014 and voted to be part of the United Kingdom. And then the Scottish people, as the British people, took part in the 2016 United Kingdom referendum and the British people spoke, and I believe in their sovereign right to be respected. So I will rise to the hon. Gentleman’s challenge and say that the benefits the Scottish people are getting from leaving the EU are that they are taking control of their own laws and money, and—something dear to his heart, I imagine—that the Scottish Parliament is going to have more power as a result of us leaving the EU. He seems to be very quiet about that.”