Bill Cash: We would be within our rights to override the Withdrawal Agreement. And in any event, the EU itself is a law-breaker.

21 Sep

Sir William Cash is Chair of the European Scrutiny Committee, and is MP for Stone.

Disraeli, the inspiration of One Nation, predicted in 1838 that “the continent will not suffer England to be the workshop of the world”. He wrote Sybil – or A Tale of Two Nations, mirroring much today. Our manifesto in the general election to level up the more deprived areas in Britain demonstrates why the whole United Kingdom must be freely competitive in global trading – guaranteeing our jobs and businesses (and given Covid).

The EU pursues a cardinal principle: that we must not benefit from Brexit. Its origins lie deep in the supranationality of the EU treaties themselves and, originally, of the Commission and the European Coal and Steel Community. In Sheffield, I witnessed the destruction of our steel and coal industries, thanks to the unfair and discriminatory EU state aid regime.

Recent misconceptions have been generated in Parliament and outside regarding our compliance with international law. This comes in many shapes and sizes, and is often 60 per cent politics, 40 per cent law. The Internal Market Bill provides that the Government may need to override Withdrawal Agreement provisions derived from bad early negotiations.

There are dozens of documented overrides of international treaties worldwide by democratic countries without penalty. According to the German Federal Constitutional Court in 2015, international law leaves it to each state to give precedence to national law.

There are numerous statutory precedents in the UK, such as the Finance Act 2013, relating to anti-abuse tax powers, and whether UK prisoners could vote in elections. As the Attorney General stated in her published legal position, Parliament’s capacity to override international agreements was unanimously approved by the Supreme Court in the Miller case, and through clear “notwithstanding” provisions in Section 38 of the European Union Withdrawal Agreement Act 2020.

Lord Diplock ruled in 1968 in a Post Office case that Government “has a sovereign right, which the court cannot question, to change its policy, even if this involves breaking an international convention to which it is a party and which has come into force so recently as fifteen days before”. Laying a Bill is not a breach of international law. and is privileged. If a treaty is entered into on the reasonable assumption that a state of affairs would exist which does not transpire, the treaty is voidable.

The Withdrawal Agreement was written on the basis of recognising our sovereignty – which has not happened. This UK Internal Market Bill is a necessary insurance policy preventing us from subjection to EU jurisdiction, and ensures the necessary competitiveness upon which the jobs and businesses of every voter in every constituency depends, with our own state aid rules.

The EU itself frequently violates international law, as demonstrated by its own fishing policies in the waters of occupied Western Sahara.

Likewise, the EU’s penchant for instructing member states to defy Security Council rulings. So, too, sending migrants back to North Africa and Turkey. In 2010, the EU broke the Lisbon Treaty. Christine Lagarde admitted that “we violated all the rules” over the Greek and Irish bailouts. The EU is now unilaterally changing the bilateral Channel Tunnel Treaty without our being able to prevent it. The EU has demanded jurisdiction over crucial aspects of UK sovereignty, despite our lawful exit, as a precondition to concessions on trade. It has threatened to use WTO’s “most favored nation” principle against the UK – contrary to state practice, core principles of world trade and requirements to negotiate “in good faith”.

Look, too, at the track record of EU Member States. Germany blatantly breached international law when, during the EMS in the 1970s, it released the Bundesbank from the duty to intervene against the dollar. The then Chancellor, Helmut Schmidt, stated: “we breached applicable international treaty law, the IMF treaty, in multiple ways. We have neither complied with all the rules, the procedural rules of the treaty, nor have we complied with the substantive provisions.”

Angela Merkel suspended the Dublin Regulation unilaterally in August 2015, letting into Germany up to 600,000 Syrians. In 2020, Germany’s highest court ruled on the European Central Bank’s public sector purchase programme, subordinating EU law to German law. The EU took no action.

The undemocratic European Commission threatens to take legal action against the UK for what is not even an established breach of international law. They dare to tell our democratic sovereign Parliament to abandon essential proposals in this Bill. What a nerve.