It gives me some pleasure to speak in support of the Government in opposing these Lords amendments. It also gives me the opportunity to address the remarks of the hon. Member for Caerphilly (Mr David). From listening to his description of, and support for, the so-called sunrise clause, I thought he advanced some unusual and novel arguments, albeit that they were supposedly supported by eminent people. I suggest that their words may have been a little removed from their context, because the hon. Gentleman is asking the House to adopt the relatively new constitutional doctrine that no legislation should be passed that is in any way an attempt to bind successor Governments. Legislation binds not future Parliaments but future Governments, unless Parliament chooses to change it. I think he gets the terms ““Government”” and ““Parliament”” muddled up. Every piece of legislation binds future Governments to some extent, unless they manage to obtain a majority in Parliament to change it.
It is ironic that the hon. Gentleman advances his argument in respect of this Bill, given that the subjects of the referendums that would take place under it would be matters that really did bind future Parliaments. Why else do we think the treaties mention ““irreversibility”” and ““irrevocability””—rather absolutist, undemocratic language? They are intended to bind member states into something that cannot be undone, even by those sovereign states.
Today's debate is partly about the fact that we remain a sovereign state, within which this Parliament—and the Queen in Parliament—remains the supreme and sovereign institution of our constitution. This sovereign Parliament is laying down new rules for future Governments that will require them to have referendums on certain issues before more powers are transferred to the European Union.
European Union Bill
Proceeding contribution from
Bernard Jenkin
(Conservative)
in the House of Commons on Monday, 11 July 2011.
It occurred during Debate on bills on European Union Bill.
About this proceeding contribution
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531 c80 Session
2010-12Chamber / Committee
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