All 14 contributions to the European Union (Notification of Withdrawal) Act 2017 (Ministerial Extracts Only)

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Thu 26th Jan 2017
Points of Order
Commons Chamber

1st reading: House of Commons
Wed 1st Feb 2017
Mon 6th Feb 2017
European Union (Notification of Withdrawal) Bill
Commons Chamber

Committee: 1st sitting: House of Commons
Tue 7th Feb 2017
Wed 8th Feb 2017
European Union (Notification of Withdrawal) Bill
Commons Chamber

3rd reading: House of Commons & Committee: 3rd sitting: House of Commons & Report stage: House of Commons
Tue 21st Feb 2017
Tue 21st Feb 2017
European Union (Notification of Withdrawal) Bill
Lords Chamber

2nd reading (Hansard - continued): House of Lords
Mon 27th Feb 2017
European Union (Notification of Withdrawal) Bill
Lords Chamber

Committee: 1st sitting (Hansard): House of Lords
Wed 1st Mar 2017
European Union (Notification of Withdrawal) Bill
Lords Chamber

Committee: 2nd sitting (Hansard): House of Lords
Tue 7th Mar 2017
European Union (Notification of Withdrawal) Bill
Lords Chamber

Report stage (Hansard): House of Lords
Tue 7th Mar 2017
European Union (Notification of Withdrawal) Bill
Lords Chamber

Report stage (Hansard - continued): House of Lords
Tue 7th Mar 2017
Mon 13th Mar 2017
Mon 13th Mar 2017

Points of Order

(Limited Text - Ministerial Extracts only)

Read Full debate
1st reading: House of Commons
Thursday 26th January 2017

(7 years, 2 months ago)

Commons Chamber
European Union (Notification of Withdrawal) Act 2017 Read Hansard Text

This text is a record of ministerial contributions to a debate held as part of the European Union (Notification of Withdrawal) Act 2017 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Eleanor Laing Portrait Madam Deputy Speaker
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Further to that point of order, I call Mr Secretary Davis.

David Davis Portrait The Secretary of State for Exiting the European Union (Mr David Davis)
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Further to that point of order, Madam Deputy Speaker. Of course, if I am wrong, I apologise. I will send the right hon. Gentleman the quote that I gave from The Scotsman at that time.

Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
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On a point of order, Madam Deputy Speaker.

--- Later in debate ---
Eleanor Laing Portrait Madam Deputy Speaker
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The hon. Gentleman raises an interesting point of administration, and it might be that the Leader of the House would like to say something further to the point of order.

David Lidington Portrait The Leader of the House of Commons (Mr David Lidington)
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Further to that point of order, Madam Deputy Speaker. I completely concede that it is a perfectly reasonable request, and I will make sure that that happens.

Eleanor Laing Portrait Madam Deputy Speaker
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Once again, that was not a point of order for the Chair, but we are having a very well-balanced session of points of order.

European Union (Notification of Withdrawal) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
2nd reading: House of Commons
Wednesday 1st February 2017

(7 years, 1 month ago)

Commons Chamber
European Union (Notification of Withdrawal) Act 2017 Read Hansard Text Amendment Paper: Notices of Amendments as at 31 January 2017 - (1 Feb 2017)

This text is a record of ministerial contributions to a debate held as part of the European Union (Notification of Withdrawal) Act 2017 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

David Jones Portrait The Minister of State, Department for Exiting the European Union (Mr David Jones)
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May I start by paying tribute to all the right hon. and hon. Members who have contributed to what my hon. Friend the Member for Sleaford and North Hykeham (Dr Johnson), in her excellent maiden speech, rightly called an historic debate? Members on both sides of the House, supporters of both leave and remain, have spoken with passion and sincerity, and there have been some outstanding contributions. Several times over the past two days we have seen this House at its very best. A wide range of issues have been raised during the debate. I will seek to address them in the time available to me, but I hope that hon. Members will forgive me if I do not address every single point made by every single speaker.

Let me be clear: what we are considering is the most straightforward Bill possible. The Bill is necessary to implement the referendum result and respect the judgment of the Supreme Court; it is positively not a vehicle for determining the terms of the broader negotiations that will follow. The Bill follows one of the largest democratic exercises in this country’s history. As pointed out by many hon. Members, an issue that has been central to political debate in this country for decades was finally put to the people of the United Kingdom, and the people made their decision.

We have heard repeatedly from hon. Members on both sides of this debate, on both sides of the House, that they fully respect and accept the referendum’s outcome. Today is an opportunity for all of us to demonstrate that respect by supporting this small but important Bill.

David Jones Portrait Mr Jones
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Given the time I have available, I will not give way; I hope the hon. Gentleman will forgive me.

A number of themes that I would like to touch on emerged in the debate. The first is the referendum itself. Parliament voted overwhelmingly to put this historic question to the people, and we must trust the people’s decision. There must be no attempt to remain inside the EU, no attempt to rejoin it through the back door and no second referendum, as a few hon. Members have urged. This country has voted to leave the European Union, and it is the duty of the Government and of this House to make sure we do precisely that.

Wes Streeting Portrait Wes Streeting (Ilford North) (Lab)
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Will the Minister give way?

David Jones Portrait Mr Jones
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In the time available, I cannot.

Secondly, I would like to touch on engagement with the devolved Administrations, which has figured strongly in this debate. Before and throughout the referendum campaign, it was clear that the outcome would apply to the whole United Kingdom, and that is what we are committed to delivering. We are committed to securing the best deal for the whole United Kingdom, in the interests of all its constituent nations and regions. My right hon. Friend the Prime Minister has made clear her determination to uphold and strengthen the Union, and we will continue to engage with the devolved Administrations through the established Joint Ministerial Committees. We understand that there are unique and diverse interests across the UK.

Ian Blackford Portrait Ian Blackford
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Will the Minister give way?

David Jones Portrait Mr Jones
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I do not know why the hon. Gentleman does not understand; I am not taking his intervention.

In particular, we are wholly committed to the Belfast agreement and its successors. We will work with the Irish Government to maintain the common travel area on the island of Ireland and not return to the borders of the past. We have received, and we are grateful for, the submissions from the Scottish and Welsh Governments, which are being considered.

That said, the Supreme Court was clear in its judgment that triggering article 50 is a reserved matter for this Parliament, and that the devolved legislatures do not have a veto. But we have been clear that we will work very carefully to ensure that as powers are repatriated from Brussels back to Britain, the right powers are returned to Westminster and the right powers are passed to the devolved Administrations of Scotland, Wales and Northern Ireland.

Many hon. Members raised the question of the status of EU citizens living and working in the United Kingdom. Let us be clear: this Government value and appreciate the role that they play in our economy and in our communities, and we are determined to provide as much certainty as we can, as soon as we can. My right hon. Friend the Prime Minister has been clear that guaranteeing UK citizens’ rights in the EU, and EU citizens’ rights in the UK, is one of our immediate objectives in the upcoming negotiations. Indeed, we stand ready to reach such a deal right now if the other countries of the European Union agree. To the EU citizens who are living, studying and working in the UK I say, “You will still be welcome in this country, as we trust our citizens will continue to be welcome in yours.”

Clive Efford Portrait Clive Efford (Eltham) (Lab)
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On a point of order, Mr Speaker.

--- Later in debate ---
John Bercow Portrait Mr Speaker
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These debates will run for a long time to come, but that is not a matter for the Chair.

David Jones Portrait Mr David Jones
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Moving on to the forthcoming negotiations, I want to repeat that although we are leaving the EU, we are not turning our back on Europe. We will be seeking a broad new partnership with the EU outside the single market, including a bold and ambitious free trade agreement. We will maintain strong relationships with our European partners as we work together on issues such as security, justice and migration.

Ian Blackford Portrait Ian Blackford
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Will the Minister give way on that point?

John Bercow Portrait Mr Speaker
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Order. The hon. Gentleman is an excitable Zebedee. It has been made abundantly clear to him that the Minister is not giving way.

David Jones Portrait Mr David Jones
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We have made clear commitments to protect workers’ rights, and will ensure that they keep pace with the changing labour market. Let me be as clear as it is possible to be: all the workers’ rights that are enjoyed under EU legislation will be preserved by the great repeal Bill and brought across into UK law. Let me also say that we have no plans to withdraw from the ECHR.

Let me deal with the question of Euratom. Euratom and the EU share a common institutional framework, including the European Court of Justice, a role for the Commission and decision making in the Council, making them uniquely legally joined. Triggering article 50 therefore also entails giving notice to leave Euratom. The nuclear industry is of key strategic importance to the UK, and we have been clear that this does not affect our intention to maintain close and effective arrangements relating to civil nuclear co-operation, safeguards and safety with Europe and the rest of the world.

Let me move on to the role of Parliament. My right hon. Friend the Prime Minister set out our plan for the United Kingdom’s withdrawal in her speech at Lancaster House, and she has confirmed that Parliament will have its say on the final deal we achieve with the European Union by putting that deal to a vote of both Houses. There has already been extensive scrutiny in both Houses, and we will publish our White Paper tomorrow, before Committee. The White Paper, however, is entirely separate from this Bill, which simply gives the Government the power to trigger the process of exit from the EU, in accordance with the instructions that we have received from the people of this country.

There has also been much debate over the past two days about the many opportunities that leaving the UK—[Interruption]—that leaving EU affords the UK. As my right hon. Friend the Prime Minister has said, we will be an outward-facing, bold and global country, seeking ambitious trade deals, forging new friendships and consolidating existing partnerships, and we will remain a tolerant and open country. The triggering of article 50 will start the process of our withdrawal from the European Union, and during that process, the House will have plenty of opportunities to debate and play a crucial role in scrutinising the great repeal Bill and related Bills to come. My right hon. Friend has set out a detailed plan for building a new partnership between an independent United Kingdom and the European Union in the years to come.

Let me say how much I agree with the hon. Member for Darlington (Jenny Chapman): the people have made their decision, and now we must strive for an outcome that, as she said, works not just for the 52% or the 48%, but for the 100%. All of us in this House must work together in the national interest, but let me repeat that tonight we are not voting on the outcome, nor on the wider issues, but simply to start the process. It is absolutely essential that Parliament moves quickly, under the timetable that this House voted for in December, to trigger article 50 by the end of March.

In short, this is a straightforward Bill that delivers on the promise made to the people of the United Kingdom to honour the outcome of the referendum. We must trust the people, and I commend this Bill to the House.

Question put, That the amendment be made.

--- Later in debate ---
18:58

Division 134

Ayes: 100


Scottish National Party: 50
Labour: 36
Liberal Democrat: 7
Social Democratic & Labour Party: 3
Independent: 3
Plaid Cymru: 2
Conservative: 1
Green Party: 1

Noes: 336


Conservative: 318
Democratic Unionist Party: 8
Labour: 6
Ulster Unionist Party: 2
UK Independence Party: 1

Question put forthwith (Standing Order No. 62(2)), That the Bill be now read a Second time.
--- Later in debate ---
19:12

Division 135

Ayes: 498


Conservative: 318
Labour: 166
Democratic Unionist Party: 8
Ulster Unionist Party: 2
UK Independence Party: 1
Independent: 1

Noes: 114


Scottish National Party: 50
Labour: 50
Liberal Democrat: 7
Social Democratic & Labour Party: 3
Independent: 3
Plaid Cymru: 2
Conservative: 1
Green Party: 1

Bill read a Second time.
--- Later in debate ---
19:32

Division 136

Ayes: 329


Conservative: 317
Democratic Unionist Party: 8
Ulster Unionist Party: 2
UK Independence Party: 1

Noes: 112


Scottish National Party: 50
Labour: 47
Liberal Democrat: 8
Social Democratic & Labour Party: 3
Independent: 3
Plaid Cymru: 2
Conservative: 1
Green Party: 1

European Union (Notification of Withdrawal) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee: 1st sitting: House of Commons
Monday 6th February 2017

(7 years, 1 month ago)

Commons Chamber
European Union (Notification of Withdrawal) Act 2017 Read Hansard Text Amendment Paper: Corrigendum to the Committee of the whole House Amendments as at 6 February 2017 (PDF, 57KB) - (6 Feb 2017)

This text is a record of ministerial contributions to a debate held as part of the European Union (Notification of Withdrawal) Act 2017 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

David Jones Portrait The Minister of State, Department for Exiting the European Union (Mr David Jones)
- Hansard - - - Excerpts

This short Bill has attracted a large number of new clauses that fall into a number of broad categories. I will first deal with the issue of parliamentary scrutiny, which has engaged the attention of a large number of hon. and right hon. Members. From listening to the debate, I am clear that there is actually a considerable amount of common ground across the Chamber. The Government also agree that parliamentary scrutiny is essential as we withdraw from the European Union. Indeed, the whole object of leaving the European Union is to ensure that our Parliament can take back our own laws. For that purpose, scrutiny is essential.

I recognise the thoughtfulness in the wording of many of the amendments that seek to formalise the mode of scrutiny, but it will probably surprise nobody that I will not accept any of them. This is a straightforward Bill that gives us the means to respect the result of the referendum and the judgment of the Supreme Court. As the Court made absolutely clear, this is about not whether we leave or the terms on which we leave, but simply the mechanics under which we trigger the process of leaving. In many cases, the amendments discussed today have virtually nothing to do with the Bill, and I resist them for two principal reasons. First, many are unnecessary in that what they seek to achieve is effectively already being done by the Government. No one can deny that the Secretary of State, as the hon. Member for Greenwich and Woolwich (Matthew Pennycook) recognised, has been assiduous in his engagement with Parliament. The process has been the source of intense scrutiny over the past seven months.

Stephen Gethins Portrait Stephen Gethins
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Will the Minister tell us whether reassuring EU nationals is unnecessary?

David Jones Portrait Mr Jones
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I will come to EU nationals later. As I explained a moment ago, I am currently dealing with the issue of scrutiny, not with the issue of EU nationals.

One can see from the Secretary of State’s record of engagement that he has given an oral statement on an almost monthly basis—far more than the bimonthly or quarterly updates to Parliament requested in the new clauses. Ministers from across Government have been at this Dispatch Box many times to debate our EU exit. The Prime Minister has given a statement after every Council, including one today. That is in addition to holding debates on the EU exit in Government time, and 15 appearances at Select Committees by Ministers and officials from all Departments.

Helen Goodman Portrait Helen Goodman
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I am pleased that the Minister understands that parliamentary scrutiny is essential, but we have heard from Government Back Benchers that everything will have to close down once the negotiations begin. Therefore, what has happened in the past seven months is not, strictly speaking, relevant to what will happen over the next two years. The purpose of new clause 3 and new clause 28 is to provide forward-looking scrutiny.

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I understand the hon. Lady’s point. However, it is not the case that everything will, as she puts it, “close down”. There will certainly be negotiations and it is important that they continue, to a certain extent, with privacy. At the same time, the Government have made it clear, time after time, that we fully appreciate the need for engagement with and scrutiny by Parliament, provided, of course, that it does not adversely affect the negotiations.

Geraint Davies Portrait Geraint Davies
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Does the Minister agree that the final deal should in fact be scrutinised by the British people, who should have the final say on whether it represents their reasonable expectations when they voted to leave? If it does not, they should have the chance to stay in the EU.

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

The British people have had their say very clearly: they have instructed this Parliament that they wish to leave the European Union. I know that the hon. Gentleman does not like that result, but that is the hard fact.

We have aimed at all times scrupulously to fulfil Parliament’s legitimate need for information, and we will continue to do so. As well as keeping Parliament informed, we will pay regard to all the motions passed on the outcome of negotiations associated with the Bill—as proposed in new clause 176—just as we have already paid regard to the motions passed on Opposition days on 12 October and 7 December.

On the provisions of new clause 3 concerning information sharing, the Secretary of State has been clear since the very early days following the referendum that he will keep Parliament at least as well informed as the European Parliament as the negotiations progress. The new clause asks us to reaffirm that position so that Parliament receives the same documents that the European Parliament or any of its committees receive from the Council or the Commission.

The Government are absolutely resolute that the House will not be at an information disadvantage compared with the European Parliament, but the new clause is flawed, simply because the United Kingdom Government may not be privy to what information is passed confidentially between the Commission, or the other EU institutions, and the Parliament. In the same way, the House would not expect the Government to pass all our documents relating to a highly sensitive negotiation to the other side.

What I can do, however, is confirm that the Government will keep Parliament well informed, and as soon as we know how the EU institutions will share their information, we will give more information on what Parliament will receive and on the mechanisms for that, including on the provision of arrangements for the scrutiny of confidential documents.

The second category of amendments and new clauses, which, again, I must resist, because they pre-judge the negotiations to follow, ask for formal reporting on myriad subjects or for votes on unilateral commitments. The exact structure of the negotiations has not yet been determined and may very well be a matter for negotiation itself. Therefore, setting an arbitrary reporting framework makes no sense at all. There will be times when there is a great deal to report on, and times when there is very little. The Prime Minister and the Secretary of State have already made serious undertakings as to how they will report to the House.

Chris Leslie Portrait Chris Leslie
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I am grateful to the Minister for giving way, because I know there are a lot of issues to be covered. However, to take just the example of the European arrest warrant, could he at least give us an indication of what the Government’s objectives are? Does he want us to stay part of it?

David Jones Portrait Mr Jones
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Clearly, we require, and we are looking to achieve, close co-operation with the European Union on security matters, but, again, these will be a matter for negotiation, and as the negotiations progress, we will keep the House informed.

The commitments that the Prime Minister and the Secretary of State have given are important. That is why the Government published the White Paper on our negotiating position last week, with an introduction by the Prime Minister, once again stating our clear aims for the negotiations. That includes, for example, the implementation phases referred to by hon. Member for Brighton, Pavilion (Caroline Lucas)—those are part of our objectives.

Caroline Lucas Portrait Caroline Lucas
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Will the Minister give way?

David Jones Portrait Mr Jones
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No, I will not give way, because I have little time.

The Secretary of State announced in the recent White Paper that there will be a further White Paper published on the great repeal Bill so that Parliament can be fully informed of the provisions of the Bill in good time. After that, the Government will continue upholding their commitment through the primary and secondary legislation that will undoubtedly be required.

New clauses that ask for specific reporting to Parliament after article 50 is invoked, including new clauses 3, 20, 22, 29, 51, 111 to 130, and 151—on our relationship with EU agencies, competition policy, environmental regulations, the UK renewables sector and virtually every other aspect of our relationship with the EU—are dangerous. They would bind us to an inflexible timetable of updates as we try to navigate a complex set of negotiations.

Graham Stringer Portrait Graham Stringer (Blackley and Broughton) (Lab)
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I am following the Minister’s speech carefully. Does he agree that it is a mistake to put the procedures of this House into primary legislation, giving the courts an unnecessary locus to interfere with our affairs?

David Jones Portrait Mr Jones
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The hon. Gentleman makes an extremely important point. If these provisions were put into the Bill, there is no doubt that they would become justiciable, therefore leading to further delay. What this country requires at the moment is certainty and speed, and instead we would have uncertainty and delay.

Caroline Lucas Portrait Caroline Lucas
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Would the Minister acknowledge that there is at least a possibility that a new trade agreement will not be agreed in a very tight two-year period? If he does acknowledge that that is a risk, why will he not put in place a transitional arrangement to protect our businesses from crashing out of the EU without such an arrangement?

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I can go no further than what I have already said. Of course, transitional arrangements require bilateral agreement. We have already indicated that that is what we are aiming at, but it takes two to tango in this regard.

Amendment 78 would require the Foreign Secretary to publish a work programme for UKRep for the duration of the negotiating period. This is simply an attempt to delay notification by creating new obligations on and impediments for the Government.

I turn now to a matter that has, quite understandably, exercised a large number of colleagues. I want to refer to these amendments and new clauses in detail. They relate to the status of EU citizens. Providing certainty for this group of people is an important issue for the Government. That is why the Prime Minister, in her speech, made it one of our 12 priority objectives for negotiations.

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I will not give way, I am afraid—I have very little time.

While these amendments call for different cut-off dates and vary in wording and terminology, they all share the same aim—to guarantee the status of EU nationals currently in the UK. The Government wholeheartedly agree with this aim. As my right hon. Friend the Prime Minister has said repeatedly, most recently this very afternoon, securing the status of EU nationals is one of the foremost priorities of this Government. We have stood ready to reach an agreement from the beginning, because it is not in anyone’s interest to allow any uncertainty over this issue to continue.

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I will not give way because I have little time.

As the Prime Minister told the House this afternoon, the Government recognise that European citizens who are resident in the UK make a vital contribution both to our economy and to our communities. That contribution was highlighted very personally in the speech by my hon. Friend the Member for South Leicestershire (Alberto Costa). Without them, we would all be poorer, not least our important public services such as the national health service.

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I will not give way any further.

This is less an issue of principle than of timing, with a few EU countries insisting that there can be no negotiation without notification, and that therefore nothing can be settled until article 50 is triggered. We could not be clearer about our determination to resolve this issue at the earliest possible opportunity, ensuring that the status of UK nationals in the EU is similarly protected. Some hon. Members have called for a unilateral guarantee now, but we have a very clear duty to UK citizens living in other EU member states, of whom there are about 1 million, to look after their interests and provide as much certainty as possible for their futures as well. Some hon. Members have suggested that we should, in effect, offer a unilateral guarantee to EU nationals in the UK while at the same time failing to achieve security for our own nationals abroad. That is a course that would carry the risk of a prolonged period of stressful uncertainty for them, which we are not prepared to accept. Only after we have passed this Bill into law can my right hon. Friend the Prime Minister trigger article 50—

Gerald Howarth Portrait Sir Gerald Howarth (Aldershot) (Con)
- Hansard - - - Excerpts

Will my right hon. Friend give way?

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I will take no further interventions; I am sorry. Only after the Bill has become law can my right hon. Friend the Prime Minister trigger article 50 and thus provide certainty not only to EU nationals living within our borders, but to our nationals overseas.

New clause 33 calls on the Prime Minister to set out a draft framework, especially with regard to the new immigration system, prior to notification. We have already set out in our White Paper that we will introduce an immigration Bill, and I reassure colleagues that Parliament will have a clear opportunity to debate and vote on the matter. The great repeal Bill will not change our immigration system; that will be done by a separate immigration Bill and subsequent secondary legislation. Nothing will change for any EU citizen, whether they are already resident in the UK or moving from the UK, without Parliament’s approval.

Gerald Howarth Portrait Sir Gerald Howarth
- Hansard - - - Excerpts

I am extremely grateful to my right hon. Friend, who is doing a fantastic job in this position on behalf of the British people. We are all concerned about our constituents who are EU citizens and who want certainty on this matter, but I am advising my constituents who express concern to me that they should write to their own Governments, who are standing in the way of sorting out this problem. Will my right hon. Friend ensure that foreign Governments who are standing in the way of a settlement on the matter are left in no doubt that we find that objectionable?

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

My hon. Friend makes an important point.

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

Bear with me. This will be a matter for negotiation in due course, but ultimately we must all be conscious of the fact that we are dealing with human beings—families, and people who are concerned about their futures and their careers. Not only do we have a duty in that regard, but there is a duty right across the European Union to protect the interests of those individuals.

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I will give way in a moment. I can tell the House that I have discussed the matter on numerous occasions with my EU counterparts. They assure me that they fully understand that it is an issue of simple humanity that must be put at the top of the agenda when the negotiations commence. We must wait until the negotiations commence, and until they do, we must not make any concessions.

Margaret Ferrier Portrait Margaret Ferrier
- Hansard - - - Excerpts

I thank the Minister for finally giving way. I want to talk about my constituent Mr Joerg Nueter, who is from Germany and who came to see me on Friday. He has lived in Scotland for almost four years, and he is understandably concerned about his future and the uncertainty surrounding his residency. There is nothing preventing the Government from providing that certainty to him and to millions tonight. Will the Minister do that now?

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

We owe the primary responsibility to our citizens in EU countries, but we also owe a duty to EU nationals in this country to ensure that their interests are protected. Frankly, this is a matter for their Governments, too.

This has been an interesting, lengthy and important debate, but I must resist all the new clauses and amendments.

Matthew Pennycook Portrait Matthew Pennycook
- Hansard - - - Excerpts

I will be very brief. I am pleased that the Minister has recognised the thoughtfulness of new clause 3 and other new clauses and amendments, and I note his intention to keep the House well informed. It is deeply disappointing that he has resisted new clause 3, however, so we seek to test the will of the Committee on the matter.

Question put, That the clause be read a Second time.

20:48

Division 137

Ayes: 284


Labour: 214
Scottish National Party: 53
Liberal Democrat: 8
Social Democratic & Labour Party: 3
Plaid Cymru: 3
Independent: 3
Conservative: 1
Green Party: 1

Noes: 333


Conservative: 319
Democratic Unionist Party: 7
Labour: 4
Ulster Unionist Party: 2
UK Independence Party: 1

Chris Leslie Portrait Chris Leslie
- Hansard - - - Excerpts

On a point of order, Ms Engel. I seek your guidance on how right hon. and hon. Members can divide on some of these incredibly crucial issues. The knife in proceedings has curtailed not just debate but our opportunity to vote on such incredibly important matters as the European arrest warrant and the single market. What can be done? Why could we not have more votes on these new clauses?

--- Later in debate ---
Lindsay Hoyle Portrait The Chairman of Ways and Means (Mr Lindsay Hoyle)
- Hansard - - - Excerpts

Order. I think that the hon. and learned Lady’s speech has come to an end. Let us now please hear from the Minister.

Lindsay Hoyle Portrait The Chairman
- Hansard - - - Excerpts

Mr Salmond, you should know better. [Interruption.] Order. One second.

--- Later in debate ---
Lindsay Hoyle Portrait The Chairman
- Hansard - - - Excerpts

As the occupant of the Chair, I have the right to make decisions in this Committee. [Interruption.] Just a moment. I rightly wanted to bring in the hon. and learned Lady, which I did. When the SNP Whip comes and asks me to give a couple of minutes to ensure that the SNP has another voice, which I did, I certainly do not expect advantages to be taken of the Chair on the agreement that I met. That is the issue. Sit down.

Robin Walker Portrait Mr Walker
- Hansard - - - Excerpts

Thank you for your chairing of this debate, Mr Hoyle. [Interruption.]

Lindsay Hoyle Portrait The Chairman
- Hansard - - - Excerpts

Order. Calm down, Mr Wishart. This is a very serious matter. It is so serious that I want to hear what the Minister has to say in response to the debate. It is very serious and I want to hear it.

Robin Walker Portrait Mr Walker
- Hansard - - - Excerpts

This is a hugely important debate. [Interruption.]

Lindsay Hoyle Portrait The Chairman
- Hansard - - - Excerpts

Order. Mr Salmond, will you clarify something for me?

--- Later in debate ---
Lindsay Hoyle Portrait The Chairman
- Hansard - - - Excerpts

I am saying that I am sure that was not the case. I did not accuse you; far from it. Let us now get the Minister on his feet.

Robin Walker Portrait Mr Walker
- Hansard - - - Excerpts

Thank you, Mr Hoyle.

We have heard from all four corners of the United Kingdom. [Interruption.] Everyone who has spoken in the debate agrees on the importance of engaging closely with the devolved Administrations and legislatures as we embark on the forthcoming negotiations.

Ian Blackford Portrait Ian Blackford
- Hansard - - - Excerpts

On a point of order, Mr Hoyle. I have to say that I have great respect for you as the Chairman, but I hope you can understand the frustration that we all feel that only two SNP Members have been called to speak in this debate, which is important for the future of Scotland and our position within Europe. I am asking what you can do, Mr Hoyle, to make sure that the voice of the people of Scotland is heard correctly in this debate. It has not been heard this evening.

Lindsay Hoyle Portrait The Chairman
- Hansard - - - Excerpts

I assumed my place in the Chair, and I have tried to ensure that a second SNP voice was heard, and we were listening to that. That is what I agreed to, and that is what I have done. In fairness, I think the SNP has done better than it was going to otherwise, in which case, let us hear what the Minister has to say.

Robin Walker Portrait Mr Walker
- Hansard - - - Excerpts

Engaging with the devolved Administrations and discussing their priorities is exactly what the Joint Ministerial Council on EU Negotiations was set up for. It brings together the constituent parts of the United Kingdom to discuss each Government’s requirement for the future relationship with the EU, and to seek a UK approach to and objectives for article 50 negotiations.

I recognise the spirit in which the hon. Member for Darlington (Jenny Chapman) presented her new clause, and I recognise her and her party’s dedication to the Union. However, the JMC is not a legislative or statutory body, and it would not be appropriate to change that in the way new clause 4 proposes. I say that not only for the reasons given by my right hon. Friends the Members for Forest of Dean (Mr Harper) and for West Dorset (Sir Oliver Letwin) and my hon. Friend the Member for Dover (Charlie Elphicke), but because it provides a neutral forum for confidential discussions, which this new clause would undermine.

When it comes to the new clauses and amendments, we take very seriously our responsibility to ensure that we get the best deal for every part of the United Kingdom—Scotland, Wales, Northern Ireland and indeed, as my right hon. Friend the Member for Wokingham (John Redwood) said, England—as well as for the UK as a whole.

Robin Walker Portrait Mr Walker
- Hansard - - - Excerpts

I will give way to the hon. Gentleman, but I can give way only once.

Ian Murray Portrait Ian Murray
- Hansard - - - Excerpts

I am delighted that the Minister has been able to give way. I wonder whether he and other Ministers will take it on board that Members who tabled amendments in all good faith have not even been able to speak to them because of the programme motion tabled by the Government. The Government have been forced kicking and screaming by the Supreme Court to the Chamber to present the Bill. It is about time that they thought again, and gave us more time for debate

Robin Walker Portrait Mr Walker
- Hansard - - - Excerpts

The House voted for a programme Order, and that programme Order has been followed by the Chair.

We have not yet made final decisions about the format for direct negotiations with the European Union. That is a matter for the Prime Minister, representing the interests of the whole United Kingdom. Moreover, it is important to recognise that there are two sides to the negotiation, and we cannot say for certain how our side will progress until we know how the EU side will approach it. In the context of amendments 46, 55 and 88 and new clause 140, it is important to note that Supreme Court ruled—I quote from the summary—

“Relations with the EU and other foreign affairs matters are reserved to UK Government and parliament, not to the devolved institutions.”

The summary went on to state:

“The devolved legislatures do not have a veto on the UK’s decision to withdraw from the EU”.

While that provides welcome legal clarity, it in no way diminishes our commitment to working closely with the people and the devolved Administrations of Wales, Scotland and Northern Ireland as we move towards our withdrawal from the European Union.

I have made it clear that the Government will negotiate on the right approach for the whole United Kingdom. I pay tribute to the hon. Member for St Helens North (Conor McGinn), who made a passionate speech, and to the hon. Member for Foyle (Mark Durkan). They made important points about the significance of the Belfast agreement and its successors. I must emphasise to them that the position of the UK Government remains unchanged. Our absolute commitment to those matters is reflected in our White Paper, which mentions the Ireland Act 1949, as well as a commitment to the common travel area and our bilateral relations with the Republic of Ireland. While I accept all the points that the hon. Member for St Helens North made so well about the importance of respecting those agreements, I can assure him that the Government respect them, and I do not think that his new clauses are necessary.

We have heard a range of suggestions from Members on both sides of the House about how to engage the devolved Administrations and, indeed, every part of our United Kingdom. The Government will continue to do that through the JMC process, which is firmly established and which functions on the basis of agreement between the UK Government and the devolved Assemblies. We have also heard suggestions for huge constitutional reforms which are beyond the scope of the Bill. New clause 168 proposes that the Government establish a national convention on exiting the European Union. Amendment 91 requires a duty to consult representatives at every level of government, regions and the sectors.

I have already spoken about the role of the JMC, and Ministers throughout the Government are organising hundreds of meetings, visits and events involving businesses in more than 50 sectors across the United Kingdom. They are consulting a number of representatives, including the Mayor of London, who is mentioned in some of the amendments. New clause 168 would get in the way of those established processes, and the idea of a national convention would cause unacceptable delay to a timetable that the House has clearly supported.

We are committed to engaging closely with the devolved Administrations and all parts of the country to secure a deal that is in the best interests of the whole United Kingdom. However, as the Supreme Court ruled, relations with the EU are not a devolved matter, and no part of the UK is entitled to a veto. I urge Members not to press their new clauses and amendments, so that the Bill can make progress in the interests of the United Kingdom as a whole.

Baroness Chapman of Darlington Portrait Jenny Chapman
- Hansard - - - Excerpts

The Minister opened his remarks by saying that the JMC was not on a statutory footing. That is precisely the point of our new clause. He has given us warm words and platitudes about his respect for the devolved Administrations, but I am afraid they are not enough, and we will press the new clause to a Division.

--- Later in debate ---
23:54

Division 138

Ayes: 276


Labour: 205
Scottish National Party: 53
Liberal Democrat: 9
Independent: 4
Social Democratic & Labour Party: 3
Plaid Cymru: 3
Green Party: 1

Noes: 333


Conservative: 319
Democratic Unionist Party: 7
Labour: 2
Ulster Unionist Party: 2
UK Independence Party: 1

--- Later in debate ---
00:07

Division 139

Ayes: 62


Scottish National Party: 51
Labour: 5
Social Democratic & Labour Party: 3
Plaid Cymru: 3
Independent: 2
Green Party: 1

Noes: 333


Conservative: 319
Democratic Unionist Party: 7
Labour: 3
Ulster Unionist Party: 2
UK Independence Party: 1

New Clause 158
--- Later in debate ---
00:21

Division 140

Ayes: 267


Labour: 200
Scottish National Party: 50
Liberal Democrat: 9
Independent: 3
Social Democratic & Labour Party: 3
Plaid Cymru: 3
Green Party: 1

Noes: 330


Conservative: 319
Democratic Unionist Party: 7
Ulster Unionist Party: 2
UK Independence Party: 1
Labour: 1

The occupant of the Chair left the Chair (Programme Order, 1 February).

European Union (Notification of Withdrawal) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee: 2nd sitting: House of Commons
Tuesday 7th February 2017

(7 years, 1 month ago)

Commons Chamber
European Union (Notification of Withdrawal) Act 2017 Read Hansard Text Amendment Paper: Committee of the whole House Amendments as at 7 February 2017 - (7 Feb 2017)

This text is a record of ministerial contributions to a debate held as part of the European Union (Notification of Withdrawal) Act 2017 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Keir Starmer Portrait Keir Starmer
- Hansard - - - Excerpts

I am grateful for that intervention, and I will come to that, but the central theme of the case I will seek to make this afternoon is that a vote in this House must be before the deal is concluded; that is the dividing line that makes the real difference here.

David Jones Portrait The Minister of State, Department for Exiting the European Union (Mr David Jones)
- Hansard - - - Excerpts

I am grateful to the Secretary of State, and I think that this may be helpful—[Interruption.] Forgive me, the shadow Secretary of State. I hope that this will be helpful to him. He has mentioned the fact that the Government have made a commitment to a vote at the end of the procedure. Later, when I address the House, I will be outlining what I intend that vote shall be, but it may be of assistance to him now to know what is proposed. First of all, we intend that the vote will cover not only the withdrawal arrangements but also the future relationship with the European Union. Furthermore, I can confirm that the Government will bring forward a motion on the final agreement, to be approved by both Houses of Parliament before it is concluded. We expect and intend that this will happen before the European Parliament debates and votes on the final agreement. I hope that is of assistance.

Keir Starmer Portrait Keir Starmer
- Hansard - - - Excerpts

Minister, I am very grateful for that intervention. That is a huge and very important concession about the process that we are to embark on. The argument I have made about a vote over the last three months is that the vote must cover both the article 50 deal and any future relationship—I know that, for my colleagues, that is very important—and that that vote must take place before the deal is concluded, and I take that from what has just been said.

--- Later in debate ---
Keir Starmer Portrait Keir Starmer
- Hansard - - - Excerpts

I am going to press on, because I am not sure that my trying to explain what the Minister is going to tell us is working particularly well.

David Jones Portrait Mr David Jones
- Hansard - - - Excerpts

If it is of any assistance to the shadow Secretary of State and to the Committee, may I say that with your leave, Ms Engel, I hope to be able to speak immediately after him?

Keir Starmer Portrait Keir Starmer
- Hansard - - - Excerpts

I have made the case for accountability and scrutiny, I have made the case for a White Paper, I have made the case for reporting back and I have made the case for a vote. We have got this concession, and I think the most helpful thing, in the circumstances, would be for hon. Members to be given the opportunity to test what the Minister has said.

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I had hoped to speak at the end of the debate, but it may be of assistance to the Committee if I deal with some of the matters that the shadow Secretary of State touched on. However, I do not want to go into the details of the various amendments that other hon. Members will no doubt wish to speak to. With your consent, Ms Engel, I will address them briefly at the end of the debate.

May I first repeat what I said to the shadow Secretary of State when I intervened on him a few moments ago? The Government have repeatedly committed from the Dispatch Box to a vote in both Houses on the final deal before it comes into force. That, I repeat and confirm, will cover not only the withdrawal agreement but the future arrangement that we propose with the European Union. I confirm again that the Government will bring forward a motion on the final agreement—

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I will just finish the sentence, because it is rather important. The Government will bring forward a motion on the final agreement to be approved by both Houses of Parliament before it is concluded, and we expect and intend that that will happen before the European Parliament debates and votes on the final agreement.

Nick Clegg Portrait Mr Clegg
- Hansard - - - Excerpts

Will the Minister stress to the Committee again that that applies to both the withdrawal agreement and a final agreement on the future relationship between the UK and the EU? It is my view, which is shared by many others, that the former is feasible within two years but the latter is highly unlikely. What will happen if a withdrawal agreement is reached but not a new agreement between the UK and the EU?

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I must preface what I am about to say by saying that we do not expect that we will not achieve such an agreement, but my right hon. Friend the Prime Minister has already made it clear that if we cannot come to an agreement, we will have to fall back on other arrangements. The Government have consistently been clear about that.

Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
- Hansard - - - Excerpts

This point goes back to the conversation we had yesterday about the importance of transitional arrangements. The Minister cannot guarantee that the new trade agreement will be concluded within two years. If we do not have a transitional agreement, it will be like jumping out of an aeroplane without a parachute. Why will he not agree to negotiate that transitional arrangement now in case we need it?

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

What the hon. Lady says is, of course, true. An agreement has to be negotiated by two sides, and it is always possible that we will not be able to achieve such an agreement, but I believe that we will. We have also made it clear that we see it as important that during the negotiations for the new arrangements, whatever they are, we consider what implementation period may be necessary following the agreements.

Lord Clarke of Nottingham Portrait Mr Kenneth Clarke
- Hansard - - - Excerpts

I am grateful to the Minister for speaking at this stage and enabling us to have the process that he is talking about, and I congratulate him on that. He says that Parliament will have a vote before the agreement is concluded. Does that mean before agreement has been reached with the other 27 countries, or after agreement has been reached but before it has been put into effect?

I believe that parliamentary sovereignty requires that Parliament should have the ability to influence the Government’s position before they conclude the deal, so that those with whom the Government are dealing—the other parties to the negotiations—know that the British Government have to produce an agreement that will get the support of Parliament. If the Government wait until hands have been shaken with all the other Europeans before coming here, Parliament will be told, “If you reject the agreement, you will have nothing and it will be a WTO disaster.” That would give the Government a majority, but not a very satisfactory conclusion.

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I fully appreciate the points that my right hon. and learned Friend is making. This is clearly going to be a complex, lengthy and difficult—

None Portrait Several hon. Members rose—
- Hansard -

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

May I first deal with the point that my right hon. and learned Friend has made? After I have done so, I will come back to the hon. Member for Swansea West (Geraint Davies).

This will be a difficult and complex agreement, and the negotiation will, from time to time, be subject to reports to the House, to the Exiting the European Union Committee and so on. What we are proposing, and what I am committing to from the Dispatch Box, is that before the final agreement is concluded—the final draft agreement, if you like—it will be put to a vote of this House and a vote of the other place. That, we intend, will be before it is put to the European Parliament. That is as clear as I can make it.

Geraint Davies Portrait Geraint Davies
- Hansard - - - Excerpts

After we trigger article 50, the EU27 will decide a deal in their interests. If that deal comes to this House and we vote it down, and subsequently the Commission and the European Parliament agree it and say, “Like it or lump it,” what will we do then?

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I would have thought that, in the circumstance that this House had voted down the agreement, it would be highly unlikely that it would ever be put to the European Parliament. Of course, there are all sorts of scenarios to be considered.

Keir Starmer Portrait Keir Starmer
- Hansard - - - Excerpts

Just for clarification, I think the Minister said that there would be a vote on, as it were, the final draft agreement. I just wanted to check that I had heard him correctly.

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

Yes—before the agreement is finally concluded, in other words. That is the intention.

Mark Harper Portrait Mr Mark Harper (Forest of Dean) (Con)
- Hansard - - - Excerpts

I want to come back to the point made by the right hon. Member for Sheffield, Hallam (Mr Clegg) about the timing of the two deals that are being negotiated in parallel: the exit deal and the framework for our future relationship. I think we can be a little more optimistic than he is. In article 50, it is envisaged that the negotiation for the exit agreement can only be done taking into account the framework for the future relationship. Article 50 envisages those two agreements being negotiated in parallel, so I think that what the Minister has set out has every prospect of coming to fruition.

Natascha Engel Portrait The Second Deputy Chairman of Ways and Means (Natascha Engel)
- Hansard - - - Excerpts

I implore Members to keep interventions shorter. They are very, very long—they are little speeches—and we have got very little time. I implore Members to keep them a bit briefer.

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

My right hon. Friend is right. Article 50 states that the negotiations for the withdrawal agreement should be set against the framework of the continuing relationship. On the face of it, a twin-track approach is envisaged in article 50.

Stephen Doughty Portrait Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
- Hansard - - - Excerpts

The Minister raised our hopes for a second, and then I felt myself deflate as he said that if things did not work out, we would

“fall back on other arrangements.”—[Official Report, 25 January 2017; Vol. 620, c. 295.]

Can he be absolutely clear about what he meant by falling back on other arrangements?

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

It would depend on precisely what was agreed, but if there were no agreement at all, which I think is an extremely unlikely scenario, ultimately we would be falling back on World Trade Organisation arrangements. That is nothing new. It has been made very clear previously, including by my right hon. Friend the Prime Minister.

Alistair Burt Portrait Alistair Burt (North East Bedfordshire) (Con)
- Hansard - - - Excerpts

Can the Minister clarify a point that was raised by the shadow Secretary of State and that is important to us all? An agreement at the end of the process might be an agreement that there is no agreement at all, and that we will go to the default position. I believe that what the Minister has announced will give the House a vote if there is a deal, or indeed if there is no deal. Can he confirm that the House would get a vote in those circumstances, which is what I understand the assurance to be?

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

It is very hard to see what meaningful vote could be given if there had been no deal at all. Having said that, I have no doubt at all that in the absence of any agreement whatever, that absence of agreement would be the subject of statements to this House.

Alex Salmond Portrait Alex Salmond
- Hansard - - - Excerpts

The Minister is inflating and deflating people as he goes along. May we get back to the manuscript amendment? If the concession is as significant as the Minister is leading us to believe, it is really important that it comes forward as an amendment. If the Government are not prepared to make that happen, surely the message to the other place is that what the Minister has said should be encapsulated in an amendment that can be properly re-debated here.

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

We are debating the issue at considerable length now. I have, on behalf of the Government, made what I believe is a serious commitment and it should be accepted as such. Frankly, in those circumstances, I see no need for a further amendment.

Dominic Grieve Portrait Mr Dominic Grieve (Beaconsfield) (Con)
- Hansard - - - Excerpts

Is not the problem that the Government and the House have the fact that we do not know at what stage the negotiations will be concluded? They could be concluded, with months to go, within the two-year timeframe. In those circumstances, I would expect the House to be able to consider the agreement—even, perhaps, before it was provisionally agreed with the Commission, because there would be no time pressure.

Equally, however, we could end up in a situation where the agreement is made at one minute to midnight at the end of the two-year period. If the Government do not then conclude an agreement to bring it to the House after that, but before it goes to the European Parliament, we could end up with no deal at all. The Minister may agree that the Government have a real dilemma. It is important that the House should understand those limitations, because they go fundamentally to the question of whether an amendment can be reasonably crafted to meet that situation.

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

My right hon. and learned Friend makes a very fair point. As we proceed, we have to keep reminding ourselves that we are where we are because the United Kingdom has voted to leave the European Union. What we are seeking to achieve is a departure from the European Union on the best possible terms. I strongly believe that what the Government are proposing is as much as possible in terms of a meaningful vote at the end of the process.

None Portrait Several hon. Members rose—
- Hansard -

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I give way to the right hon. Member for Wolverhampton South East (Mr McFadden).

Pat McFadden Portrait Mr Pat McFadden (Wolverhampton South East) (Lab)
- Hansard - - - Excerpts

Timing is significant only if it further empowers Parliament to have a meaningful say on the negotiations. Can I ask the Minister again: what will happen if the House declines to approve the draft agreement that he intends to bring before us?

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I think that I have already answered that extremely clearly. There will be a meaningful vote. The vote will be either to accept the deal that the Government will have achieved—I repeat that the process of negotiation will not be without frequent reports to the House—or for there to be no deal. Frankly, that is the choice that the House will have to make. That will be the most meaningful vote that one could imagine.

None Portrait Several hon. Members rose—
- Hansard -

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I will take one further intervention, from the hon. Member for Streatham (Mr Umunna).

Chuka Umunna Portrait Mr Chuka Umunna (Streatham) (Lab)
- Hansard - - - Excerpts

The point is that if this is to be a meaningful concession, the House needs the opportunity to send the Government back to our EU partners to negotiate a deal if one has not been reached. Going to World Trade Organisation rules will be deeply damaging for our economy and wholly unacceptable.

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I hear what the hon. Gentleman says, but frankly I cannot think of a greater signal of weakness than for the House to send the Government back to the European Union saying that we want to negotiate further. That would be seized on as a sign of weakness and therefore I cannot agree with it at all.

None Portrait Several hon. Members rose—
- Hansard -

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I would like to make further progress. I have taken a large number of interventions and I am sure that other hon. Members wish to speak.

Let me say this. It will be a meaningful vote. As I have said, it will be the choice between leaving the European Union with a negotiated deal or not. To send the Government back to the negotiating table would be the surest way of undermining our negotiating position and delivering a worse deal. In any case, we cannot unilaterally extend—

None Portrait Several hon. Members rose—
- Hansard -

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I give way for the final time to the right hon. Member for Leeds Central (Hilary Benn).

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
- Hansard - - - Excerpts

When the Minister first revealed his concession to the shadow Secretary of State, there was a bit, which he has not read out in the speech that he has just been giving, that referred to timing, intention and the position of the European Parliament. Will he please repeat what he said the first time round? I think it important that the House should be able to hear that.

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I will, if that will be of assistance to the right hon. Gentleman, although I did, in fact, read out the same words twice. I will read them again so that he fully understands the commitment that the Government have made. The Government have committed to a vote on the final deal in both Houses before it comes into force. This will cover both the withdrawal agreement and our future relationship with the European Union. I can confirm that the Government will bring forward a motion on the final agreement, to be approved by both Houses of Parliament before it is concluded. We expect and intend that that will happen before the European Parliament debates and votes on the final agreement.

None Portrait Several hon. Members rose—
- Hansard -

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I will not take any further interventions; I have already been more than generous.

I turn to the amendments. The shadow Secretary of State has referred to his new clauses 1, 18, 19, 28, 54, 110, 137, 175 and 182, which all seek, in one way or another, to ensure that Parliament will have a vote on the final deal that we agree with the European Union. Let me assure Members again, as I have said in answer to interventions, that the House will be involved throughout the entire process of withdrawal. Again, I remind the House of the extent of the Secretary of State’s engagement.

Edward Miliband Portrait Edward Miliband (Doncaster North) (Lab)
- Hansard - - - Excerpts

I have a very brief question for the Minister. If the European Parliament votes down the deal, Europe will carry on negotiating. He is saying that if the British Parliament votes down the deal, that will be the end of the negotiations. We pride ourselves on our sovereignty in this House; the Minister’s position seems to be a denial of that sovereignty.

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

With huge respect, I am not entirely sure that the right hon. Gentleman understands the process. At the end of the day, the role of the European Parliament will be to grant or withhold consent to the deal agreed by the European Council, and there can be no assurance that there would be further negotiations. May I say that we are some considerable way away from that position. As I have said, as the negotiations proceed, there will be very many more opportunities—many, many more—for this House and the other place to consider the negotiations.

Mark Harper Portrait Mr Harper
- Hansard - - - Excerpts

May I tempt my right hon. Friend to give way one more time?

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I am afraid not; I have already been very generous.

I was reminding the House of what the Secretary of State has already done in terms of engagement. He has made six oral statements and there have been more than 10 debates—four in Government time. More than 30 Select Committee inquiries are going on at the moment. Furthermore, there will be many more votes on primary legislation between now and departure from the European Union.

I suggest that the amendments that I have referred to are unnecessary. I reiterate that both Houses will get a vote on the final deal before it comes into force and I can confirm, once again, that it will cover both the withdrawal agreement and our future relationship. However, we are confident that we will bring back a deal that Parliament will want to support. The choice will be meaningful: whether to accept that deal or to move ahead without a deal.

Alex Salmond Portrait Alex Salmond
- Hansard - - - Excerpts

I rise to speak to new clause 180 and amendment 50, in my name and those of my hon. Friends. I also want to speak very favourably about new clause 110, which is in the name of the hon. Member for Nottingham East (Chris Leslie). It is the strongest of the other amendments, although I should say that any amendments from this group that are put to the vote will have our support as they are all trying to increase parliamentary supervision of the process.

Before the Minister led us through the dance of the seven veils, I was going to question him on the irrevocability or revocability of article 50. I still think that that goes to the heart of what we are debating. However, I say directly to the Minister, with regard to what he described as a “serious announcement”, that if one makes a serious announcement in the course of the Committee stage of a Bill of this importance, it should be followed by an amendment. If we were here debating the Dangerous Dogs Bill, which I remember debating some time ago, and a serious announcement was made, that serious announcement would be followed by an amendment to the Bill. If that is good enough for a Bill of that description, how much more important is it to have such an amendment when we are debating the biggest constitutional change facing this country for half a century.

--- Later in debate ---
David Jones Portrait Mr David Jones
- Hansard - - - Excerpts

Thank you very much indeed, Ms Engel, for giving me a second bite of the cherry.

May I deal first with the points made by my right hon. Friend the Member for Chichester (Mr Tyrie), the Chair of the Treasury Committee? He asked direct questions that had been raised during the debate. I thought that I had answered them with some clarity, but I am happy to clarify further. First, he asked what this honourable House would be asked to approve. It would be the final agreed draft of the agreement before it was submitted to the European Parliament. He mentioned that we had indicated that we expected and intended that that would happen before the European Parliament debated the agreement. The reason why that formulation is used is that what the Commission does with the information it sends to the European Parliament is out of our hands. Although we would do our very best to ensure that the House voted first, we cannot control what the Commission does.

My right hon. Friend raised the issue of equivalence. Of course, the difference is that the European Parliament has a role prescribed for it in article 50, but this House does not. In practical terms, I suggest that a vote of this House would be a matter of significance. Finally, he raised transitional arrangements, which have been mentioned by a number of hon. Members. As the Prime Minister has already made clear, it is our intention, if necessary, to look to a period of implementation for whatever arrangement we arrive at with the European Union.

Lord Clarke of Nottingham Portrait Mr Kenneth Clarke
- Hansard - - - Excerpts

Will my right hon. Friend give way?

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I will, briefly.

Lord Clarke of Nottingham Portrait Mr Clarke
- Hansard - - - Excerpts

I will be brief, for a change. My right hon. Friend has confirmed that the vote will be put to Parliament after the deal has been done with the Commission and the Council. It is therefore a done deal, and the European Parliament and this House can either take it or leave it. The alternative is the WTO. Will he confirm that that is exactly what was offered in the White Paper a few days ago?

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

What we have sought to do today is to provide clarity, and I hope that, through my previous contribution and now, I am providing that clarity. It would indeed be the final draft agreement that we would contemplate being put before the House.

As I was saying, this has been an important debate and the quality of the contributions has been extremely high. As my right hon. Friend the Member for Broxtowe (Anna Soubry) said, we have to remember that this will be the most important negotiation that this country has entered into for at least half a century. It is therefore entirely right that the House should play an important part in the process of the negotiation of the agreement.

I have heard the words “rubber stamp” being used, but that is far from what the Government have in mind. We have every intention that, throughout the process of negotiation, the House will be kept fully informed, consistent with the need to ensure that confidentiality is maintained. I do not think that anyone would regard that as an unreasonable way forward. My right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) highlighted the need for reporting, and the Government intend to do that.

I should like to speak about a number of other measures that I have not dealt with previously, but which have attracted attention in the debate. New clause 18 would specify that any new treaty with the EU should not be ratified except with the express approval of Parliament. I can only repeat the commitment that I have made several times this afternoon at the Dispatch Box: there will be a vote on the final deal.

John Redwood Portrait John Redwood
- Hansard - - - Excerpts

Many of us welcome the progress that has been made and my right hon. Friend’s assurances. It is clear from what he has said that there will be every opportunity for debate, discussion, questions and votes, as is proper in this House.

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

That is absolutely right. The suggestion that the Government would not keep the House informed is really unworthy, given that we have been scrupulous in doing so thus far.

New clause 110 is similar to new clause 18, but it also specifies that any new relationship would be subject to approval by a resolution of Parliament. I believe that the measure is unnecessary. It asks for a vote of each House on a new treaty or any new agreement reached with the EU, but I repeat again that there will be a vote on the final draft treaty and any other agreement. In any event, as my hon. Friend the Member for Esher and Walton (Mr Raab) pointed out, it calls for a vote before terms are agreed, leaving it open to the Commission to change its mind or position without any apparent recourse for this place.

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I will not give way as I have very little time.

New clause 137 would require the Government to seek to negotiate a new agreement with the EU if Parliament rejects a deal. Again, I reject the measure. Although we are confident that we will achieve a deal acceptable to Parliament, if Parliament were to reject that deal, it would be a sure sign of weakness, as I have said, to return to the EU and ask for other terms. We would be likely to achieve only a worse deal. Furthermore, there is no obligation on the EU to continue negotiating with us beyond the two-year period specified in article 50.

New clause 175 would effectively require the Government to request that we remain a member of the EU if the terms were not approved by Parliament. Frankly, to do so would be to betray the outcome of the referendum, and the Government are not prepared to accept that. I must make it absolutely clear that the Government want Parliament to be engaged throughout this process.

Clive Efford Portrait Clive Efford (Eltham) (Lab)
- Hansard - - - Excerpts

Will the Minister confirm that the Government’s position is to diminish the status of this House compared with that of the European Parliament in respect of having oversight of this process?

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

That is absolutely ludicrous. The European Parliament’s role comes at the end of the process; it has oversight to the extent that it rubber-stamps the agreement or not.

New clauses 18 and 19 would require any new treaties agreed with the EU to be subject to the ratification of Parliament. We have always said that we will observe the constitutional and legal obligations that apply to the final deal, and that remains the case. As we have confirmed, the final agreement will be subject to a vote of this House before it is concluded.

Seema Malhotra Portrait Seema Malhotra
- Hansard - - - Excerpts

Will the Minister give way?

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

For the very last time.

Seema Malhotra Portrait Seema Malhotra
- Hansard - - - Excerpts

Will the Minister abide by the recommendation in the report of the Exiting the European Union Committee that when the Government bring the deal to Parliament, they should have regard to the requirement that Parliament has adequate time to consider any statement before the proposed terms are put to each House for approval?

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

We will, of course, consider all the recommendations of the Select Committee and respond formally to its report in due course.

We approach the negotiations not expecting failure, but anticipating success. Let me remind Members that we are seeking in the Bill to do one simple, straightforward thing: to follow the instructions we received from the British people in the referendum. Remaining a member of the European Union is not an option. The process for leaving the EU is set out in article 50, and it is not within our power unilaterally to extend the negotiations.

New clause 99 envisages yet another Act of Parliament to approve the arrangements for our withdrawal and our future relationship with the EU. It would require yet another Act of Parliament for us to withdraw from the EU in the absence of a negotiated deal. The new clause is wholly otiose. While we are ready for any outcome, an exit without a trade agreement is emphatically not what we seek. However, let me be clear that keeping open the prospect of staying in the EU, as is envisaged by new clause 99, would only encourage the EU to give us the worst possible deal in the hope that we would change our mind.

Amendment 43 calls for a referendum on our membership of the European Union after we have negotiated a final deal. That was tabled by the Liberal Democrats.

This has been an important debate. We have considered the new clauses and amendments very carefully but, for all the reasons I have given, we reject them and invite Members not to press them to a Division.

Keir Starmer Portrait Keir Starmer
- Hansard - - - Excerpts

I have listened carefully to the debate. There are inevitable problems with an 11th-hour concession, and there have been claims and counter-claims about the nature of the concession made. Whatever No. 10 may or may not be briefing, until today there was never a commitment to a vote on both the article 50 deal and the future agreement with the EU; there was never a commitment to a vote, before the agreement was concluded, on a final agreed draft—it is simply rewriting history to suggest that there was—and there was never a commitment to a vote in this House that is intended and expected to take place before the vote of the European Parliament. Those three things have never been said before, and I have gone through all the records before making that assertion. For anybody to suggest that this is not a significant concession is to be blind to these developments.

I recognise that that leaves a number of unanswered questions, most importantly about the consequences and precise timing of the vote. As the right hon. and learned Member for Beaconsfield (Mr Grieve) says, to some extent we just do not know. From the various work I have done in Brussels, it is quite clear that the plan there is to have a deal that is capable of being put to the European Parliament in October 2018. That should be the ambition, because if a deal were put to this House in October 2018, there would be a number of consequences for the House to consider. I accept that there are questions. It is important that others reflect on the concessions that have been made and consider what kind of amendment might capture them.

In the circumstances, I will not press new clause 1 to a Division in the hope—although this is not my decision—that it will allow space for other new clauses to be put to the vote. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 110

Future relationship with the European Union

“(1) Following the exercise of the power in section 1, any new Treaty or relationship with the European Union must not be concluded unless the proposed terms have been subject to approval by resolution of each House of Parliament.

(2) In the case of any new Treaty or relationship with the European Union, the proposed terms must be approved by resolution of each House of Parliament before they are agreed with the European Commission, with a view to their approval by the European Parliament or the European Council.”—(Chris Leslie.)

This new clause seeks to ensure that Parliament must give approval to any new deal or Treaty following the negotiations in respect of the triggering of Article 50(2), and that any new Treaty or relationship must be approved by Parliament in advance of final agreement with the European Commission, European Parliament or European Council.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

18:14

Division 141

Ayes: 293


Labour: 212
Scottish National Party: 54
Liberal Democrat: 9
Conservative: 6
Independent: 4
Social Democratic & Labour Party: 3
Plaid Cymru: 3
Ulster Unionist Party: 2
Green Party: 1

Noes: 326


Conservative: 312
Democratic Unionist Party: 7
Labour: 6
UK Independence Party: 1

--- Later in debate ---
18:29

Division 142

Ayes: 88


Scottish National Party: 52
Labour: 22
Liberal Democrat: 8
Social Democratic & Labour Party: 3
Plaid Cymru: 3
Independent: 3
Green Party: 1

Noes: 336


Conservative: 319
Democratic Unionist Party: 7
Labour: 6
Ulster Unionist Party: 2
UK Independence Party: 1

New Clause 5
--- Later in debate ---
Lindsay Hoyle Portrait The Chairman
- Hansard - - - Excerpts

Order. Let us move on, and let us keep going. I call the Minister.

Robin Walker Portrait The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)
- Hansard - - - Excerpts

What a remarkable debate this has been. I congratulate the hon. Member for Glasgow North (Patrick Grady) on speaking for 58 minutes and for the ingenuity with which he made sure that the Committee heard so many Scottish voices. It will be clear to those who read the record that the voice of Scotland has been heard loud and clear in scrutinising this Bill.

I congratulate the hon. Member for Greenwich and Woolwich (Matthew Pennycook) on making a clear and concise speech. Indeed, other hon. Gentlemen in the Chamber could have learned from his conciseness.

--- Later in debate ---
Caroline Lucas Portrait Caroline Lucas
- Hansard - - - Excerpts

Will the Minister give way?

Robin Walker Portrait Mr Walker
- Hansard - - - Excerpts

I will come back to the hon. Lady later, because I suspect she wants to address environmental issues and I will come to those in my speech.

Our programme of analysis is important in enabling us to seize the opportunities and in ensuring that our EU exit is a smooth and orderly process. As we discussed yesterday, the Joint Ministerial Committee on exit negotiations was set up to develop a UK-wide approach to the forthcoming negotiations. I know that analysis has been and can be exchanged confidentially through that forum. The Committee should be in no doubt that policy relating to EU exit is underpinned by rigorous and extensive analytical and assessment work. As with all internal analytical work in government, it is not the standard practice to give a public commentary as the analysis develops.

We have said all along that we will lay out as much detail as possible on EU exit, provided that doing so does not risk damaging our negotiating position. The House voted on a motion that confirmed that there should be no disclosure of material that could damage the UK in negotiations. In any negotiation, information on potential economic or financial considerations is very important to the negotiating capital and position of all parties.

Most of the new clauses and amendments would require the Government to publish analysis or assessment work before the process of negotiating with our European Union partners begins and, indeed, before the Prime Minister provides a notification under article 50, as Government Members have pointed out repeatedly. Those include new clause 5, which stands in the names of the Leader of the Opposition and many other Members; new clause 49, which stands in the names of the hon. Member for Pontypridd (Owen Smith) and many other Members; and new clause 143, which stands in the name of the hon. Member for North East Fife (Stephen Gethins) and many other SNP Members; as well as more than 40 other proposals that I do not intend to list. The common requirement is that we publish information at a time when it could either delay the triggering of article 50 or jeopardise the UK’s negotiating position. That runs contrary to the approach that has already been accepted by this House. For that reason, I cannot accept those new clauses and amendments.

I want to touch briefly on amendments 24 to 26, which were tabled by the hon. Member for Ilford South (Mike Gapes) to ensure that the Government take account of our responsibilities to represent the interests of Gibraltar, the Crown dependencies and the overseas territories. I assure him that we are doing exactly that. The amendments are not necessary. I met the members of the Joint Ministerial Council for the overseas territories this morning to take their views on board in this process.

Mike Gapes Portrait Mike Gapes (Ilford South) (Lab/Co-op)
- Hansard - - - Excerpts

Given that I was not able to make a speech, I am very grateful to be able to intervene. Is it not the case that we need more than a personal consultation with the Minister? This House and this Parliament should be aware of the implications for the overseas territories, the Crown dependencies and Gibraltar.

Robin Walker Portrait Mr Walker
- Hansard - - - Excerpts

The hon. Gentleman makes a very fair point. I am very pleased to say to him that the very first debate I replied to as a Minister—the hon. Member for Glasgow North (Patrick Grady) was kind enough to name Westminster Hall “Brexit Minister Hall”, because of the number of debates we have had there on this issue—was on Gibraltar and the impact of leaving the European Union. Colleagues across the House represent the interests of Gibraltar extremely well. I have had regular and productive meetings with the Chief Minister of Gibraltar, Fabian Picardo, who has made sure that its voice is heard very clearly by the UK Government. All the Chief Ministers of the overseas territories are being consulted, as are the Crown dependencies.

As a former Parliamentary Private Secretary to the Secretary of State for Women and Equalities, I welcome the interest in new clause 98, which makes reference to the Equality Act 2010 and protected characteristics. We are, of course, assessing a wide range of impacts as we develop our negotiating position, and we will continue to do so throughout the negotiation period. The Equality Act already provides a strong framework to ensure that the UK is well placed to continue driving equality forward. I assure the Committee that all the protections covered in the Equality Act 2006 and the Equality Act 2010 will continue to apply once the UK has left the European Union.

The Prime Minister has been clear: we want the UK to emerge from this period of change stronger, fairer, and more united and outward-looking than ever before. We want to get the right deal abroad, but ensure we get a better deal for ordinary working people at home. In the White Paper, we set out our ambition to use this moment of change to build a stronger economy and a fairer society by embracing genuine economic and social reform.

New clauses 42 to 48 and new clause 187 were tabled by the hon. Member for Bishop Auckland (Helen Goodman) who, sadly, is no longer in her place. What they have in common is a requirement for the Government to publish impact assessments no later than 18 months after Royal Assent. We cannot know, however, that 18 months after Royal Assent we will not still be engaged in negotiations with the European Union. If we were, those negotiations might be at an important and decisive stage. The new clauses could significantly jeopardise our negotiating position, so I hope the hon. Lady will not press them.

Similarly, new clause 167, in the name of the hon. Member for Feltham and Heston (Seema Malhotra), requires publication no later than 12 months after Royal Assent, and new clause 17, in the name of the hon. Member for Nottingham East (Chris Leslie), specifies publication 30 days after the Act comes into force. In each case, I reiterate and amplify my previous objection that the United Kingdom might well be in the middle of negotiations with the European Union.

I turn now to the new clauses tabled by the hon. Member for Penistone and Stocksbridge (Angela Smith) and others, including new clauses 101, 102, 103, 106 and 107. I would be happy to give way to the hon. Member for Brighton, Pavilion (Caroline Lucas) on the matter of the environment at this point.

Caroline Lucas Portrait Caroline Lucas
- Hansard - - - Excerpts

Will the Minister acknowledge that moving environmental policy from the EU to domestic policy through the repeal Bill will not be enough on its own? We need to make it enforceable and monitorable. What legal measures will he put in place to ensure we can enforce environmental legislation? While I have his attention, and at the risk of challenging his stereotype, how does he plan to replace the nuclear safety function if we recklessly leave Euratom?

Robin Walker Portrait Mr Walker
- Hansard - - - Excerpts

The hon. Lady raises very important points, which we will debate in detail when we come to the great repeal Bill. On Euratom, we absolutely want to continue to collaborate internationally to achieve the best and highest standards of nuclear safety, as well as to continue to work on nuclear research, where our country has been a global leader.

On the environment, the Prime Minister made very clear in her speech that Parliament will have the opportunity to debate and scrutinise any policy changes that result from our exit and the forthcoming negotiations. I have given evidence to the Environmental Audit Committee and have appeared before the House on a number of occasions. I have been clear that the UK will still seek to be an international leader on environmental co-operation. As part of the great repeal Bill, as the hon. Lady says, we will bring current EU law, including the current framework of environmental regulation, into domestic British law. We will ensure that that law has practical effect. This will preserve protections, and any future changes in the law will be subject to full parliamentary scrutiny. This House will therefore have the opportunity to debate this and other topics throughout the process.

That and future debates will no doubt draw on many assessments of what leaving the EU will mean for a wide variety of issues. The Government will also shortly be launching two closely linked Green Papers on food, farming and fisheries, and on the environment. They will be the next important stage in our dialogue on future policy with industry, environmental non-governmental organisations and the wider public.

No one can say what the final elements of the new agreement with the EU will be, and we do not know exactly how the timetable will work after negotiations are concluded. Parliament will have its say, but so too will others. Greater certainty will emerge as we go through the process, but for now there remain unknowns. For these reasons, we do not consider it wise or prudent to fix now in statute what the Government must publish at the end of a process that has not even begun or been timetabled. Doing so would constrain the flexibility of the UK Government at the end of the process and therefore potentially during negotiations. I come back to the simple purpose of the Bill—to allow the process of negotiation to begin and, in so doing, to respect the decision of the people of the UK in the referendum.

New clause 167, on young people, was also tabled by the hon. Member for Feltham and Heston, who unfortunately has had to leave us. I recently participated in a roundtable, along with colleagues from the Department for Culture, Media and Sport, with a wide range of young people from all over the country—from Scotland, Northern Ireland, Wales and England—to talk about their views on Brexit. It was interesting to hear from groups such as Undivided, bringing people together from both sides of the campaign to talk about the future. Every Member wants to focus on delivering a bright future for the young people of the UK, so I welcome the intention behind the new clause, but we can do that by coming together to represent the 100%, focusing on the future, getting the right deal for the UK in a new partnership with the EU and working together to deliver the opportunities those young people want.

Unfortunately, the new clause would require us to produce an economic analysis and so put us in the position of potentially giving information to the other side in the negotiations that could prejudice our position. The new clause also mentions the importance of Erasmus. The Government recognise the value of international exchange for students and are considering all the options for collaboration in education and training post-Brexit. In the spirit of looking to the future, however, we should not use the Bill to publish information that could undermine our negotiating position.

For all the reasons I have set out, I hope that hon. Members concerned will not press their amendments. We will produce careful assessments of the vast majority of these factors as we prepare for and take part in the negotiations, and we will use them as evidence to protect the national interests of the United Kingdom, but we cannot and should not commit to putting that information into the hands of the other side. Well intentioned as the amendments are, I urge the Committee to reject them so that we can get on with the Bill in the interests of the whole United Kingdom.

Matthew Pennycook Portrait Matthew Pennycook
- Hansard - - - Excerpts

In responding, I shall be as concise as I was earlier and simply say that although the Minister has said that the Government are internally carrying out rigorous analytical assessments, he has not given us the guarantees we sought on the publication of Her Majesty’s Treasury’s impact assessments of our future trading relations with the EU. For that reason, we will be pushing new clause 5 to a vote.

Question put, That the clause be read a Second time.

21:13

Division 143

Ayes: 281


Labour: 210
Scottish National Party: 54
Liberal Democrat: 9
Social Democratic & Labour Party: 3
Plaid Cymru: 3
Independent: 3
Green Party: 1

Noes: 337


Conservative: 319
Democratic Unionist Party: 8
Labour: 6
Ulster Unionist Party: 2
UK Independence Party: 1

--- Later in debate ---
21:28

Division 144

Ayes: 79


Scottish National Party: 52
Labour: 11
Liberal Democrat: 9
Social Democratic & Labour Party: 3
Plaid Cymru: 3
Independent: 3
Green Party: 1

Noes: 333


Conservative: 317
Democratic Unionist Party: 8
Labour: 4
Ulster Unionist Party: 2
UK Independence Party: 1

The occupant of the Chair left the Chair (Standing Order No. 83D).

European Union (Notification of Withdrawal) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
3rd reading: House of Commons & Committee: 3rd sitting: House of Commons & Report stage: House of Commons
Wednesday 8th February 2017

(7 years, 1 month ago)

Commons Chamber
European Union (Notification of Withdrawal) Act 2017 Read Hansard Text Amendment Paper: Committee of the whole House Amendments as at 8 February 2017 - (8 Feb 2017)

This text is a record of ministerial contributions to a debate held as part of the European Union (Notification of Withdrawal) Act 2017 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Albert Owen Portrait Albert Owen
- Hansard - - - Excerpts

My right hon. Friend is right to press the Minister, because we have had some very thin talk on this important matter. The industry wants this working party, and it wants Government to give some clear assurances. I make my appeal to the Minister, through my right hon. Friend, to do that tonight. I am sure that he is listening.

Caroline Flint Portrait Caroline Flint
- Hansard - - - Excerpts

I absolutely agree with my hon. Friend.

As a remain campaigner, I saw many positive benefits from our membership of the European Union. I am determined that this House will respect the referendum outcome and seek the best for my constituents from our new relationship.

Some in the Prime Minister’s Cabinet talk as though Brexit will be nothing but boundless prosperity. Some remainers talk as though Britain is hurtling off a cliff and they are all doom and gloom. The reality is likely to be something in between. After a long and sometimes difficult marriage, we are getting a divorce. During that process, we need to leave behind some of the false promises and distortions of the referendum campaign. Dramatic false claims only damage trust. We need to replace the rhetoric with honest discussion and honest endeavour to achieve the best outcomes from the path that our country has chosen. That is how we rebuild trust and secure a deal that most leave and most remain voters can accept. That is the way I will be approaching the discussions in the months ahead.

--- Later in debate ---
Liam Byrne Portrait Liam Byrne
- Hansard - - - Excerpts

There is a reason why Russia has had its credentials suspended by the Council of Europe, and that is that it is not prepared to honour the great European Magna Carta that British civil servants helped to draw up under Churchill’s inspiration in the years after the second world war.

The Conservative manifesto—

Liam Byrne Portrait Liam Byrne
- Hansard - - - Excerpts

I will give way in a moment, as I want to put a specific question to the Minister.

The Conservative manifesto is not well read on the Government Benches; we study it forensically and in detail. In 2010, the manifesto said that the Conservatives would introduce a British Bill of Rights, replace the Human Rights Act and ensure that the European Court of Human Rights was no longer binding over the UK Supreme Court, ensuring that the European Court of Human Rights could no longer change British laws. That position was repeated in the 2015 manifesto. I hope that the Minister can say that that plan is now in the bin.

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I am grateful to the right hon. Gentleman for giving way. I have resisted intervening throughout the course of the debate, but I think I can help him to this extent: I do not know whether he was present during the wind-ups on Second Reading, but I informed the House that the Government have no plans to withdraw from the European convention on human rights.

Liam Byrne Portrait Liam Byrne
- Hansard - - - Excerpts

The Minister is good to put that on the record, but the fact is that there are plans—plans were set out in the Conservative manifesto in 2010 and in 2015, and the draft British Bill of Rights that is circulating in the Ministry of Justice contains similar plans. That is why in August 2016 the Justice Secretary told the House that a British Bill of Rights would be introduced, and the House wants categorically to know whether that British Bill of Rights will have the implication and result of taking us out of the European Court of Human Rights. That is the point that I want the Minister to put beyond doubt by accepting new clause 193.

--- Later in debate ---
Albert Owen Portrait Albert Owen
- Hansard - - - Excerpts

It is always interesting to follow the right hon. Member for Hitchin and Harpenden (Mr Lilley). I will concentrate my brief remarks on Euratom. As the Minister and the Committee will know, its principal goals are the promotion of research and the dissemination of information; the establishment of safety standards; and facilitating investment. It also governs the supply of ore and nuclear fuels.

Euratom establishes a nuclear common market. The Eurosceptics always used to say, “We want to be in the common market,” yet their decision is to pull out of it. I believe that the Government want to retain the principal goals, and they stated on the publication of the Bill that we are leaving Euratom only because of legally binding arrangements, but that is debatable—I have seen conflicting legal advice—and cynics suggest that it is more to do with the European Court of Justice.

The Government say that they support Euratom and want us to continue both to co-operate and to have the highest standards. The hon. Member for Wells (James Heappey) is absolutely right that we are world leaders on nuclear standards, but in co-operation with other countries, which is why it is so important to keep Euratom, the umbrella body.

The purpose of new clause 192, which is supported by the industry and industry bodies, is to continue co-operation and have greater certainty. I have raised this matter with the Secretary of State for Business, Energy and Industrial Strategy, who was very courteous. He said he had met the industry and was sure that we will be able to continue outside Euratom, but that is not what the industry in general believes. The hon. Member for Henley (John Howell) said that the management of the JET energy research programme in Oxfordshire did not want the proposal, but the workforce have lobbied me in great numbers through the union, saying that there are risks if we pull out.

Access to information and data sharing are important. We will be way behind if we pull out. Companies in the industry need to plan in advance; they need that certainty. Euratom deals with nuclear co-operation with the United States. It is ironic that although we are talking about coming out of Europe and trading with the United States, we need to be part of Euratom to get agreements to move fuels to the US, Japan, Canada and other countries. Renegotiating will take an awful long time.

Ideally, the Minister would retain the UK’s membership of Euratom even if we left the European Union. If the Government proceed to give notice to withdraw, we must have an agreement on transitional arrangements. We must also have sufficient time to negotiate and complete new arrangements with EU states and third countries such as the US, Japan and Canada. If in two years an agreement cannot be reached, the UK should remain a member. Our standing in the nuclear industry is at stake, as are jobs and our reputation as a major country in nuclear research. I hope that the Minister takes that on board.

David Jones Portrait Mr David Jones
- Hansard - - - Excerpts

I have listened to a large number of very important contributions this afternoon from right hon. and hon. Members, and a large number of proposals have been considered. I hope that the Committee will forgive me if I say that I prefer—

Chris Leslie Portrait Chris Leslie (Nottingham East) (Lab/Co-op)
- Hansard - - - Excerpts

Will the Minister give way before he says that he would prefer not to give way to anybody?

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I will give way once and no more.

Chris Leslie Portrait Chris Leslie
- Hansard - - - Excerpts

Does the Minister agree that it is totally farcical that I have tabled 35 proposals but have been unable to speak to any of them? Does that not prove that the curtailing of the debate leaves Parliament unable to scrutinise withdrawal from the EU?

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I commend the hon. Gentleman for his enthusiasm and say that the House has voted for and adopted a programme motion.

Baroness Hoey Portrait Kate Hoey (Vauxhall) (Lab)
- Hansard - - - Excerpts

The public watching need to know that this is not the right place for many of the amendments and new clauses to be debated. As my right hon. Friend the Member for Birmingham, Edgbaston (Ms Stuart) has said, this is not the right Bill.

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

That is what I was about to say. I would like to address all the amendments if I can, so I hope that the House will forgive me if I take no further interventions.

The amendments serve as a valuable reminder of the numerous important matters that will need to be considered and discussed throughout the process of negotiation. They seek to ensure that specific aspects of our future relationship with the European Union are prioritised by the Government. Let me take this opportunity to tell the House once again that we are committed to delivering the best possible deal for the whole of the United Kingdom. However, we can only set about delivering that deal after we have triggered article 50. It is not appropriate, therefore, to seek to tie the hands of the Government on individual policy areas at this stage; that could only serve to jeopardise our negotiating position.

I will do my best to respond to each of the amendments, given their broad scope, but for the avoidance of doubt, there is a common response to them all: elementally, this is a straightforward procedural Bill that serves only to give the Prime Minister the power to trigger article 50 and thereby respect the result of the referendum. As a consequence, these amendments are not for this Bill. Instead, they are for the many future debates that will take place in this House and the other place—

Chris Leslie Portrait Chris Leslie
- Hansard - - - Excerpts

On a point of order, Ms Engel. The Minister said that the amendments were not for this Bill. Will you remind the House that the Chair has ruled that all the amendments are within the scope of the Bill?

Natascha Engel Portrait The Second Deputy Chairman of Ways and Means (Natascha Engel)
- Hansard - - - Excerpts

The Chair’s ruling has been mentioned time and again. The Content of amendments is a matter for debate.

David Jones Portrait Mr David Jones
- Hansard - - - Excerpts

Thank you, Ms Engel. The amendments will be debated at a later stage.

New clauses 2, 7, 100, 163 and 193, as well as amendments 32, 34, 40 and 55, would require the Prime Minister either to have regard to, or to set out in a report, a number of matters prior to triggering article 50. Those include, but are not limited to, the common travel area with the Republic of Ireland and the preservation of peace in Northern Ireland; tariff-free trade with the European Union; workers’, women’s, human, civil, social and political rights; climate change and environmental standards; and the British economy and economic model. The White Paper published last week sets out our strategic aims for the negotiations and covers many of the topics that hon. Members have addressed in these and other amendments.

With regard to the common travel area, for instance, we have already stressed that we are committed to working with both the Irish Government and the Northern Ireland Executive to recognise the unique economic, social and political context of the land border between the UK and Ireland. We have also made it clear that we are seeking a bold and comprehensive free trade agreement with the European Union that is as tariff-free and frictionless as possible.

On new clause 7, which concerns the preservation of EU tax avoidance measures, the Prime Minister has made it very clear that we will convert the acquis into British law, and that it will then be for the British Parliament to decide on any changes to that law, with appropriate scrutiny. Similarly, amendments 7, 9 and 38 to clause 1 and new clauses 16, 70 and 133 seek to require the Government to commit to a position on specific issues before triggering article 50. Amendment 7, for example, seeks to ensure that the UK continues to participate in EU common foreign and security policy after withdrawal from the European Union. A matter such as that cannot be resolved through unilateral action and, instead, must be clearly addressed through discussion with the other 27 member states of the EU. We have been clear that we want to see continued close co-operation on foreign and security policy with European partners, but those discussions can begin only after article 50 has been triggered.

New clause 16 is designed to ensure that the employment rights of those living or working in the UK will be unaffected by the Bill. The Government have made it clear that not only will there be no change to employment protections as a result of triggering article 50, but we will protect and enhance the rights people have at work.

--- Later in debate ---
David Jones Portrait Mr Jones
- Hansard - - - Excerpts

No, I will not give way.

I am grateful for the contributions of Members to this Committee stage. The Bill respects the judgment of the Supreme Court. I urge right hon. and hon. Members to support both clauses of the Bill. Clause 1 gives the Prime Minister Parliament’s authority to notify the European Council of the UK’s intention to withdraw from the EU. It also makes it clear that this power applies notwithstanding the European Communities Act 1972; this is to address the Supreme Court’s conclusions on the status of the 1972 Act. I urge all right hon. and hon. Members who have tabled amendments not to press them to a Division, so that we can make progress with the Bill, start the process of withdrawal and work to deliver a deal that respects the vote of the British people in the referendum.

Paul Blomfield Portrait Paul Blomfield
- Hansard - - - Excerpts

In the few seconds left to me, I want to say that we will not withdraw the new clause and we will hold the Government to account in respect of the Secretary of State’s commitment to achieve a deal that provides for the exact same benefits as we enjoy from our current membership of the single market.

The issue of our membership of Euratom has caused concern among Members on both sides of the House, which the Minister failed to allay in his closing remarks. To clear up any doubts, such as those that the hon. Member for Wells (James Heappey) expressed, I remind the House that the Nuclear Industry Association has made it clear that we should not leave Euratom. It is not in the interests of the industry or people’s jobs. They will watch how the House votes on new clause 192, and will judge the Government accordingly. I hope that Members will recognise that and vote for the new clause, and for all the other helpful amendments we have tabled.

Question put, That the clause be read a Second time.

17:52

Division 152

Ayes: 291


Labour: 216
Scottish National Party: 54
Liberal Democrat: 9
Independent: 4
Social Democratic & Labour Party: 3
Plaid Cymru: 3
Ulster Unionist Party: 2
Conservative: 1
Green Party: 1

Noes: 336


Conservative: 321
Democratic Unionist Party: 8
Labour: 5
UK Independence Party: 1

--- Later in debate ---
18:06

Division 153

Ayes: 289


Labour: 216
Scottish National Party: 54
Liberal Democrat: 9
Independent: 4
Social Democratic & Labour Party: 3
Plaid Cymru: 3
Green Party: 1

Noes: 336


Conservative: 320
Democratic Unionist Party: 7
Labour: 5
Ulster Unionist Party: 2
UK Independence Party: 1

Clause 1
--- Later in debate ---
18:19

Division 154

Ayes: 288


Labour: 215
Scottish National Party: 54
Liberal Democrat: 9
Independent: 4
Social Democratic & Labour Party: 3
Plaid Cymru: 3
Conservative: 1
Green Party: 1

Noes: 338


Conservative: 320
Democratic Unionist Party: 8
Labour: 6
Ulster Unionist Party: 2
UK Independence Party: 1

Amendment proposed: 11, page 1, line 5, at end insert—
--- Later in debate ---
18:32

Division 155

Ayes: 288


Labour: 216
Scottish National Party: 54
Liberal Democrat: 9
Independent: 4
Social Democratic & Labour Party: 3
Plaid Cymru: 3
Green Party: 1

Noes: 337


Conservative: 320
Democratic Unionist Party: 8
Labour: 5
Ulster Unionist Party: 2
UK Independence Party: 1

Amendment proposed: 43, page 1, line 5, at end insert—
--- Later in debate ---
18:44

Division 156

Ayes: 33


Labour: 22
Liberal Democrat: 7
Social Democratic & Labour Party: 3
Plaid Cymru: 3
Green Party: 1

Noes: 340


Conservative: 321
Democratic Unionist Party: 8
Labour: 6
Ulster Unionist Party: 2
UK Independence Party: 1
Independent: 1

Amendment proposed: 86, page 1, line 5, at end insert—
--- Later in debate ---
18:56

Division 157

Ayes: 288


Labour: 217
Scottish National Party: 53
Liberal Democrat: 9
Independent: 4
Social Democratic & Labour Party: 3
Plaid Cymru: 2
Conservative: 1
Green Party: 1

Noes: 327


Conservative: 320
Democratic Unionist Party: 8
Labour: 5
Ulster Unionist Party: 2
UK Independence Party: 1

Question put (single Question on successive provisions of the Bill), That clauses 1 and 2 stand part of the Bill.
--- Later in debate ---
19:14

Division 158

Ayes: 496


Conservative: 318
Labour: 163
Democratic Unionist Party: 8
Ulster Unionist Party: 2
UK Independence Party: 1
Independent: 1

Noes: 111


Scottish National Party: 52
Labour: 45
Liberal Democrat: 7
Social Democratic & Labour Party: 3
Plaid Cymru: 3
Independent: 3
Green Party: 1

Clauses 1 and 2 ordered to stand part of the Bill.
--- Later in debate ---
19:33

Division 159

Ayes: 290


Labour: 214
Scottish National Party: 54
Liberal Democrat: 9
Independent: 4
Social Democratic & Labour Party: 3
Plaid Cymru: 3
Conservative: 2
Ulster Unionist Party: 2
Green Party: 1

Noes: 332


Conservative: 317
Democratic Unionist Party: 8
Labour: 6
UK Independence Party: 1

New Clause 192
--- Later in debate ---
19:45

Division 160

Ayes: 287


Labour: 214
Scottish National Party: 54
Liberal Democrat: 9
Independent: 4
Social Democratic & Labour Party: 3
Plaid Cymru: 3
Conservative: 1
Green Party: 1

Noes: 336


Conservative: 319
Democratic Unionist Party: 8
Labour: 5
Ulster Unionist Party: 2
UK Independence Party: 1

The Deputy Speaker resumed the Chair.
--- Later in debate ---
20:01

Division 161

Ayes: 494


Conservative: 319
Labour: 161
Democratic Unionist Party: 8
Ulster Unionist Party: 2
UK Independence Party: 1
Independent: 1

Noes: 122


Labour: 55
Scottish National Party: 52
Liberal Democrat: 7
Social Democratic & Labour Party: 3
Plaid Cymru: 3
Independent: 3
Conservative: 1
Green Party: 1

Bill read the Third time and passed.

European Union (Notification of Withdrawal) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
2nd reading (Hansard): House of Lords
Tuesday 21st February 2017

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European Union (Notification of Withdrawal) Act 2017 Read Hansard Text Amendment Paper: HL Bill 103(h) Amendment for Committee (PDF, 52KB) - (21 Feb 2017)

This text is a record of ministerial contributions to a debate held as part of the European Union (Notification of Withdrawal) Act 2017 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Moved on Monday 20 February by
Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park
- Hansard - - - Excerpts

That the Bill be now read a second time.

Lord Lamont of Lerwick Portrait Lord Lamont of Lerwick (Con)
- Hansard - - - Excerpts

My Lords, I made my maiden speech in the House of Commons in 1972, during the Third Reading of the European Communities Bill, in favour of our membership of the European Union. I little dreamt that 45 years later I would be standing up to advocate the reverse procedure—namely, that we should withdraw from the organisation that I advocated joining. However, it is not me who has changed but Europe, as was symbolised by its change of name from the European Economic Community to the European Community and finally to the European Union. Increasingly, I became concerned about the incompatibility of the growing integration and our national democracy and accountability. I also became more sceptical about the advantages of the single market.

I voted in the referendum to leave but I fully accept that we have to take account of the 48% who voted to remain. Many of us understand and share the concerns about links for universities and the status of foreign nationals in this country. That is, I think, common ground and those are objectives in the negotiations. Equally, I believe that those who voted to remain have a duty not to undermine the Government’s negotiating position.

I admired very much the speech made yesterday by the noble Baroness. I also admired very much the speech made by Keir Starmer when he led for the Opposition. He did not attempt to conceal the divisions in the ranks of the Labour Party. I assure noble Lords opposite that there is no temptation to gloat, because it was like looking in a mirror at the Conservative Party in the 1990s. Mr Starmer made it very clear that the idea that the referendum was, as he put it, consultative simply did not hold water.

I admired Mr Starmer’s speech but I did not admire the speech of former Prime Minister Tony Blair, who has an extraordinary ability to say two completely contradictory things simultaneously. He said that he did not dispute the result; at the same time, he called on people to rise up. He said that people might change their minds. What he meant was that he might be able to change their minds. All this from a man who promised a referendum on the EU constitution and even published a Bill, but then ensured that the constitution was written in a different order to avoid a referendum.

The former Prime Minister said that people were not given the full facts—that the decision was made on imperfect knowledge. Of course, in a negotiation no one has full knowledge of where we will end up. As for not being given the full facts, people have had more than 40 years in which to make up their minds. He said that Brexit was driven by ideology. I am not sure what ideology he had in mind. If anything, the opposite appears to be the case—European unification as a movement has been almost a religion.

Noble Lords have mentioned endlessly in this debate “membership of the single market” as though that in itself is simply an argument. They have made no attempt to calculate the costs, as my noble friend Lord Lawson referred to yesterday, of the rules of the single market, and they have not bothered to confront the fact that many countries that are not members of the single market have increased their exports to the single market more than members, and certainly more than we, have done. They never bother to comment on the fact that the three largest trading partners of the European Union have no special trading arrangements with the EU, while six of its 10 top trading partners have no special trading relationship or agreement. As my noble friend Lord Lawson said yesterday, there is no reason why there should be a cliff edge.

If noble Lords are sincere in saying that they accept the result of the referendum, it should be possible for them to do all they can to support the Government in their negotiations in the national interest. The amendments being talked about seem more like additions to the Bill, in that they attempt to lay down conditions on the Government’s negotiating position.

On EU nationals, I have great sympathy with what has been said. But the Prime Minister has made it clear that so does she and that this is an objective of the Government. There is, however, no response from other countries in Europe and it would make no sense to make a unilateral gesture that would simply leave the 800,000 British nationals in Europe subject to the leverage of other people in the negotiations.

Equally, when it comes to a parliamentary vote on the deal, the Prime Minister has again said that there will be a vote, so it seems naive to say that Parliament should have the right both to reject whatever deal may be negotiated and simultaneously to decide to stay in the European Union. There are two objections to that argument. First, it would be a denial of the result of the referendum and, secondly, as surely as night follows day, it would make it perfectly inevitable that the EU would offer the worst possible deal in order to have it rejected by Parliament.

I recognise and acknowledge the anxieties of the 48% that should be taken into account. Surely we all want the best possible deal and the best possible access for our exports. But as the noble Lord, Lord Ashdown, the former leader of the Liberal Democrats, said on referendum night, I suspect before the result was announced:

“In. Out. When the British people have spoken you do what they command. Either you believe in democracy or you don’t. Any people who retreat into ‘we’re coming back for a second one’—they don’t believe in democracy”.


I believe in democracy and I believe that we should proceed rapidly with the Bill without amendment.

European Union (Notification of Withdrawal) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
2nd reading (Hansard - continued): House of Lords
Tuesday 21st February 2017

(7 years, 1 month ago)

Lords Chamber
European Union (Notification of Withdrawal) Act 2017 Read Hansard Text Amendment Paper: HL Bill 103(h) Amendment for Committee (PDF, 52KB) - (21 Feb 2017)

This text is a record of ministerial contributions to a debate held as part of the European Union (Notification of Withdrawal) Act 2017 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Lord Bridges of Headley Portrait The Parliamentary Under-Secretary of State, Department for Exiting the European Union (Lord Bridges of Headley) (Con)
- Hansard - - - Excerpts

My Lords, the Bill before this House is just 137 words long, yet it has been the subject of almost 20 hours of debate and it is, and has been, an historic debate. On my rough calculation, about 1,000 words have been spoken for each word in the Bill and there are more to come. However, with quantity has undoubtedly come quality and I thank everyone who has spoken. Simply to read out the names of all 183 speakers would take me several minutes, so I ask your Lordships to forgive me—and maybe even thank me—for not addressing every point made by every single speaker.

The level of interest in this Bill is hardly surprising. Our nation’s membership of the EU has been part of the mental map, a fixed point, for many people for decades. So when I hear the concerns that have been raised by your Lordships about what the future holds, I do not dismiss them with a complacent flick of the hand. After all, like many in this House, I too voted to remain last year. I believe that significant opportunities lie before us, but any change brings challenges in its wake—challenges which this House has a rightful role to highlight and debate.

If anyone was in any doubt about the value of this Chamber in the legislative process, they should certainly read the debate of the past two days and the work of our excellent committees. Consider the subjects raised by your Lordships: the rights of citizens, immigration, Ireland, universities, our nuclear industry, agriculture—I could go on. These are all important issues but we must not confuse the policies that flow from Brexit with the core purpose of this Bill. This Bill’s core purpose, indeed its only purpose, is to start the process of leaving the European Union. This was noted by a number of noble Lords and they are right. Other noble Lords were right to point to the democratic process that has brought us here.

The electorate voted for a Government who had pledged to hold a referendum, and respect its result. Parliament then voted—by a majority of six to one in the other place—to hold a referendum. The question people were asked, one agreed upon by Parliament, was brutally simple, as the noble Lord, Lord Grocott, said: did they want to leave or remain in the European Union? Some 33.5 million people entered the polling booth that day last June. This was not, as the noble Lord, Lord Newby, suggested, just an expression of a point of view. It was a decision. As the noble Baroness, Lady Falkner of Margravine, said, they knew what they were voting for, and 17.4 million people picked up that stubby little pencil and voted to leave. That was the point of departure.

Parliament attached no conditions, no small print, no caveats. As the noble and learned Lord, Lord Judge, said:

“It is simply unacceptable for Parliament—for this House—not to honour its commitments. That is what happened when Parliament enacted the referendum Bill”.—[Official Report, 20/2/17; col. 123.]


As the noble Lord, Lord Darling, said, there is no alternative.

So here we are tonight, debating a Bill that was passed, unamended, by the other place by a majority of 384 to start the negotiations. It is a Bill to deliver on the result of the referendum, so that we can, as the noble and learned Lord, Lord Hope, put it, get on with the negotiations so we can get the best deal for the UK. As he said,

“there is no turning back”.—[Official Report, 20/2/17; col. 22.]

At this point it would be somewhat churlish, and the sign of a bad loser, not to compliment the skill of one of our number—I refer, of course, to the noble Lord, Lord Pannick. He is a worthy adversary and I now know whose door I would knock on were I ever to need legal help, although I fear it would have to be pro bono.

Let me now address some of the issues raised by your Lordships over the last two days: first, parliamentary scrutiny. I really do not like to say this after almost 20 hours of debate, but in terms of parliamentary scrutiny, we are just about approaching base camp. As the noble Lord, Lord Foulkes, put it, we have a long way to go. As well as this Bill, Parliament will vote on the great repeal Bill to repeal the European Communities Act. Primary legislation such as an immigration Bill and a customs Bill, and secondary legislation, will be required to ensure that our statute book is operable on the day we leave the EU.

The Government have announced that we will bring forward a Motion on the agreement to be approved by both Houses of Parliament before it is concluded. We expect and intend that this will happen before the European Parliament debates and votes on the final agreement. The noble and learned Lord, Lord Hope, asked whether a further Bill might be needed to authorise our withdrawal from the EU. The noble Lord, Lord Kakkar, asked if this vote will be under the Constitutional Reform and Governance Act. The Government’s commitment is to bring forward a government Motion, which goes above and beyond the constitutional requirements set out in CRAG, and, of course, any new treaty that we agree with the EU will be subject to the provisions of CRAG before ratification.

The noble Baroness, Lady Symons, raised the issue of revocability of the notice to withdraw. There is obviously no precedent for a country triggering Article 50, let alone seeking to reverse such a decision. As a matter of firm policy our notification will not be withdrawn. A clear majority of the electorate voted to leave the European Union and we will respect the will of the British people. There can be no attempt to remain inside the EU, and no attempt to rejoin it. Further, extending the negotiating period cannot be guaranteed by an amendment in this Bill; extending the negotiating period requires unanimity of all 27 members. It is not within the Government’s gift or Parliament’s.

To those who argue that Parliament should be able to amend a treaty put before it, I would echo the words of my noble friend Lord Hill of Oareford: how would this be taken by our European partners? We have said we will approach these negotiations in good faith. We, like them, want to have a smooth and orderly Brexit. So if Parliament was given the power to unravel the agreement after months of painstaking negotiations, how could our European partners know that the agreement would be honoured? They could not. Consequently, this approach would inject more uncertainty into the whole process. I do not say this just because I believe Britain needs certainty, although I certainly do believe that, but because I firmly believe that Europe needs certainty too. If Parliament could amend one treaty and send it back because it did not like some terms, what is to stop it amending the revised treaty and the one after that?

This House and the other place will have the opportunity to scrutinise and debate the Government’s approach as the negotiations proceed. My noble friend Lord Boswell suggested that Parliament be involved as much as possible, and I totally agree. We have promised to give this Parliament at least as much information as the European Parliament, while protecting our national interest. The key point, as the noble Lord, Lord Empey, said, is that we need to be realistic. These are going to be tough negotiations. So parliamentary scrutiny, yes; giving away our negotiating position, no.

Other noble Lords, including the noble Baroness, Lady Hayter, raised the issue of publishing our assessment of the impact—the costs and benefits. At this point, all I would say is that such an assessment would surely undermine our position, and be exactly what those on the other side of the table want.

Let me now turn to the issue of a second referendum. The noble Lord, Lord Butler, asked if the views of the people on the final deal are irrelevant. The Government clearly do not think the views of the public are irrelevant, as we are honouring the views they expressed in the referendum. We are engaging with the public, and will continue to do so as the negotiations are scrutinised and the agreement is voted on in Parliament. As my noble friend Lord Hague said, we cannot go round in circles. We need certainty and clarity—certainty and clarity that would be dashed by a second referendum. As the noble Baroness, Lady Deech, argued, we could descend into a world of “neverendums”.

As to the point of the noble Lord, Lord Newby, that such a referendum would bring the country together, let me ask this: given that the Liberal Democrats argue the first referendum has created so much division, why would a second one bring the country together? To insert a second referendum now would backslide on this Parliament’s and this Government’s commitment to honour the result. As a number of noble Lords have said, it would undermine our negotiating position and, as the noble Lord, Lord Hennessy, put it, that way lies peril.

The noble Lords, Lord Campbell of Pittenweem, and Lord Morris of Handsworth, turned to the issue of EU nationals. They spoke of the valuable contribution that EU nationals make to the UK and I agree. A number of noble Lords, including the noble Baroness, Lady Hayter, raised the issue of the rights of EU nationals in the UK and UK nationals in the EU. Many noble Lords commented that both groups have felt unsettled by the result of the referendum last summer. The Government share their wish for a fair and speedy resolution to this issue. They hoped this issue could be sorted out before we triggered Article 50. I was delighted when last year the Prime Minister suggested to EU leaders that they should come to an agreement covering both EU nationals in the UK and UK nationals in the EU as soon as possible. Many favoured such an approach but others did not, saying they wanted to wait until formal negotiations begin. Therefore, we cannot begin formal discussions on this pressing issue until we have triggered Article 50. That is why we need to pass this Bill as soon as possible.

I note the strong views expressed about the wish for the Government to move unilaterally on this issue. As my noble friend Lord Lamont said, a unilateral move by the Government to address the issues facing EU nationals in the UK, however well intentioned, will not help the situation of the hundreds of thousands of our own citizens in the EU. They could end up facing two years of uncertainty if any urgency to resolve their status were removed by the UK making a one-sided guarantee. We need to act fairly and provide certainty for both groups of people as quickly as possible, and that will remain the Government’s position.

We are sighted on the future of UK nationals working in EU institutions, about which my noble friend Lord Balfe spoke. We should indeed thank them for their work and we intend to do all we can for them in the months ahead.

Let me now turn to issues regarding our approach to the negotiations. We must do all we can to create the right conditions for a grown-up negotiation with our European partners, which is why, as I have said, we need to show that we are negotiating in good faith. However, it goes further than that. As the noble Baroness, Lady Smith of Newnham, said, this country will continue to face challenges that European nations face, such as terrorism and human trafficking. We will continue to share a thirst for knowledge and research and we must never forget that it remains overwhelmingly and compellingly in our national interest that the EU should succeed. Our approach will be to seek to collaborate and co-operate on issues wherever it is in our national interest to do so.

Some have characterised the Government’s approach to the negotiations as extreme Brexit. I would argue that it is nothing of the kind. It sets out an approach for a new partnership, to work together and trade together to our mutual benefit. It reflects a world where digital technology is turbocharging the forces of globalisation, as my noble friend Lord Howell remarked. To repeat, it reflects the fact that people voted to leave the EU.

The noble Lords, Lord Mandelson and Lord Hain, spoke passionately of their wish to protect jobs and investment, and I applaud their sincerity and the consistency of their views. Where I part company with them and others such as the noble Baroness, Lady Jowell, is that this means we must remain in the single market or in the customs union. Staying in the single market would mean not controlling our borders; it would mean remaining under the EU’s rules without having any say over them. Maintaining our current status in the customs union would mean not having the ability to strike our own trade deals. These are issues on which the British people made their views quite clear, and doing as the noble Lords suggest would mean not leaving the EU.

Secondly, our European partners made it perfectly clear, before and after the referendum, that the four freedoms are indivisible—a point my noble friend Lord Tugendhat made. We respect that, which is another reason why the Government are taking the approach set out in the White Paper.

However, this Bill is about the process of our leaving the EU. It is not about the shape of the negotiations to come, nor the Government’s approach. I will happily debate these matters with your Lordships, and I am sure that there will be other occasions on which to do so over the coming months and years. But as the other place has shown, and as my noble friend Lord Hunt said, the Bill is not the place to put constraints on the Government’s negotiating position.

A number of your Lordships—the noble and right reverend Lord, Lord Eames, the noble Lords, Lord Empey and Lord Murphy, and the noble Baroness, Lady O’Loan, to name just four—raised the matter of the island of Ireland and Brexit. They are entirely right to highlight the challenges we face. I can assure your Lordships that the Government are fully committed to the Belfast agreement and its successors. Nobody wants to return to the borders of the past, so we will make it a priority to deliver a practical solution as soon as we can. I can also assure the House that we are consulting closely with Ministers in the Republic and Executive Ministers in Northern Ireland.

I further assure the noble Lord, Lord Empey, that the comments he raised about the border have been clearly heard in government. As he knows, the open border for people and businesses has served us well. We had a common travel area between the UK and Ireland long before either country was a member of the European Union. We will work to deliver a practical solution that allows the maintenance of the common travel area with the Republic while protecting the integrity of the United Kingdom’s immigration system.

Over the last two days, inevitably attention has focused on what divides us, so finally I will focus on what brings us together. First, we agree that in this debate everyone in this House, no matter what their view, should be heard and respected. We are all here because we want to help our country prosper and thrive in the future. To question and scrutinise is certainly not a sign of being unpatriotic. We can all agree that this House has a clear and proper role in scrutinising the Bill. It is equally clear that, in the words of the noble Lord, Lord Hannay,

“it would not be proper or correct for this House to frustrate the triggering of Article 50”.—[Official Report, 20/2/17; col. 102.]

Furthermore, at the end of the negotiations, we all agree that the United Kingdom will still wish to co-operate with the European Union and work with our European partners to tackle the challenges we all face.

Finally, whether one voted to leave or remain, we can all agree that, after 20 hours of debate, it is time not to remain but to leave this House and to go to bed.

Bill read a second time and committed to a Committee of the Whole House.

European Union (Notification of Withdrawal) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee: 1st sitting (Hansard): House of Lords
Monday 27th February 2017

(7 years, 1 month ago)

Lords Chamber
European Union (Notification of Withdrawal) Act 2017 Read Hansard Text Amendment Paper: HL Bill 103-II Second marshalled list for Committee - (27 Feb 2017)

This text is a record of ministerial contributions to a debate held as part of the European Union (Notification of Withdrawal) Act 2017 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town (Lab)
- Hansard - - - Excerpts

My Lords, I think the Committee has heard quite enough from me so I will not speak on this other than to say that this will come up when we discuss the single market and I will reserve our comments until then. The Committee will probably know that we will not be supporting this amendment.

Lord Keen of Elie Portrait The Advocate-General for Scotland (Lord Keen of Elie) (Con)
- Hansard - - - Excerpts

My Lords, I thank noble Lords for the amendment concerning the European Economic Area, which seeks to ensure that the UK remains a member of the EEA.

Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock (Lab)
- Hansard - - - Excerpts

My Lords, I wonder if the Minister will give way—

Lord Keen of Elie Portrait Lord Keen of Elie
- Hansard - - - Excerpts

Not yet, no. While I understand the issues raised and agree with the desire to debate them in this House, I cannot accept the amendment.

Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock
- Hansard - - - Excerpts

I wonder if the Minister can clarify—

Lord Keen of Elie Portrait Lord Keen of Elie
- Hansard - - - Excerpts

I wonder if the noble Lord will allow me to make a little progress before he launches into the water. This Bill is about the process of our leaving the European Union. It is not about the Government’s approach. I will happily debate these matters with your Lordships, and I am sure that there will be other occasions on which to do so over the coming months and, indeed, years. But as the other place has shown, this Bill is not the place to put constraints on the Government’s approach.

Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock
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What is it that the Minister says? I am obliged to him for giving way. As this is the first time we have heard from the Minister on this subject since the weekend, I wonder if he would care to comment on one of the most significant happenings. A very distinguished Member of this House, who sat through almost the whole Second Reading on Monday and Tuesday—a former Deputy Prime Minister for whom we all have the greatest respect—has said that he is going to oppose his own Government on this. He is completely against Brexit. What is the Government’s reaction? Are they not going to take account of the views of someone so distinguished, someone with such great experience of government and of the European Union? Would the Minister care to respond?

Lord Keen of Elie Portrait Lord Keen of Elie
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Yes, of course. The noble Lord to whom the noble Lord refers is not in the House today.

It is my intention to make some progress with this matter. The Prime Minister clearly set out her vision for the future of the UK post-exit in her speech on 17 January, including our future trading relationship with the EU. She was clear that we do not seek membership of the single market. Instead, we seek the greatest possible access to it through a new, comprehensive, bold and ambitious free trade agreement. We want the UK to have the freest possible trade in goods and services with the EU’s member states but also to be able to negotiate our own trade agreements. As the noble Lord, Lord Hamilton of Epsom, observed, we seek our own, bespoke deal.

The United Kingdom has always been a leading voice for free trade, not only in the European Union but globally, and we have been consistently clear that we want the maximum possible freedom to trade for businesses in both Britain and Europe. But we also want to take back control of our laws and control immigration to Britain from Europe.

Being a member of the EEA would mean complying with the EU’s rules and regulations that implement the four freedoms—in respect of capital, goods, services and people—without having a vote on what those rules and regulations are. It would mean accepting a role for the European Court of Justice that would see it still having direct legal authority in our country. It would mean not having control over immigration. EU leaders in the other 27 states have been clear as to their belief in the indivisible nature of the four freedoms, and we respect that. The people of the United Kingdom voted to leave the EU, not to maintain partial membership of its bodies or institutions. When the people of the United Kingdom voted to leave the European Union institutions, they did not intend that we should leave by the front door and rush back to attempt entry by the back door.

As set out in the White Paper, we recognise that we will require alternative forms of dispute resolution once we leave the EU and are no longer subject to the European Court of Justice. But again, these mechanisms are common both to agreements between the EU and third countries and in international agreements to which the United Kingdom is also party, of which there are many examples. Once we leave the EU, the EEA agreement will no longer be relevant for the United Kingdom. It will have no practical effect. It will be an empty vessel. That is because the agreement is defined as covering all EU members and those three EFTA states—Iceland, Liechtenstein and Norway—which have chosen to join the EEA. As we are leaving the EU, we will automatically be outside this definition, as found in Article 126 of the EEA agreement. So there is no choice open to us to leave the EU and remain a member of the EEA, which would require a separate negotiation with the EU and the three EFTA states that I have just mentioned. For example, Switzerland, which is also a member of EFTA, has separate bilateral agreements with the EU even though it is not in the EEA. EFTA membership is not, of course, the same as EEA membership.

Although it will have no practical effect after the EU exit, we are considering what steps might need to be taken formally to terminate the EEA agreement as a matter of law, as we will remain a signatory to the agreement. This could be done through Article 127 of the EEA agreement on giving 12 months’ notice, or by some other means, but no decision has yet been taken on that. We have laid out in the White Paper, however, the relationship we are seeking: a new strategic partnership which includes a new customs agreement and an ambitious and comprehensive free trade agreement. We are seeking the greatest possible access to the single market as part of this.

The noble Lord, Lord Lea of Crondall, referred to the fact that we would not be at the table. That is absolutely right, and that is not what 52% of our population voted for when they voted leave. It is one thing to have power without responsibility; it is another to have responsibility without power, and that is what we would have in these circumstances. It was suggested that freedom of movement could be open to a variety of interpretations. That is not the view in Europe. It is open to only one interpretation—one which we have been under for a number of years.

The noble Baroness, Lady Quin, referred to the report of the House of Lords committee. I can reassure her that we take the terms of that report very seriously, and we will be taking forward our consideration of it in due course. The noble Lord, Lord Davies of Stamford, referred to the suggestion that somehow we could keep our options open so far as the EEA is concerned, but that is not the case. EEA membership is not an option that is simply open to us if we leave the EU. As I said, it becomes an empty vessel. We have to face up to the indivisibility of the four freedoms, as insisted upon. It is not a case of going to Europe and saying, “We would like to negotiate out of one of the four freedoms”. We are told repeatedly that they are indivisible, and we have to take that into account.

At the end of the day, we cannot embrace membership of the EEA any more than membership of the EU without freedom of movement in Europe. In these circumstances, I invite the noble Lord to withdraw this amendment on the understanding that we cannot retain membership of the EEA for the reasons I have sought to set out.

Lord Liddle Portrait Lord Liddle (Lab)
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Before the noble Lord sits down, there is one issue on this question which is very important to the national interest. When the noble Lord, Lord Bridges, came to the Select Committee to answer questions about the Government’s negotiating strategy, I asked him whether—as part of a transitional arrangement—they had ruled out membership of the single market or the EEA, and he said they had not. Can the Minister clarify the Government’s current position?

Whatever the Front Bench opposite thinks, most observers think it will be impossible to negotiate a comprehensive trade agreement within the practical 15 months of negotiation that will be available after the German elections. This implementation phase that the Prime Minister talks about is in fact a transition. Are the Government saying that under no circumstances would we consider being members of the EEA, or the single market? If they are, we are facing the most horrendous cliff edge as an economy.

Lord Keen of Elie Portrait Lord Keen of Elie
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My Lords, with respect to the noble Lord, Lord Liddle, I do not accept that we face a cliff edge—there is no cliff and therefore no edge. We fully intend to negotiate a suitable settlement within the period set out in Article 50 and that is the course of action on which we are setting out at this time.

The noble Baroness, Lady Deech, questioned whether this amendment was within the scope of the Bill. That is a question for others, but clearly it is not related to the purpose of the Bill. The Bill is concerned with process and, if we lose sight of that, we are liable to become rudderless in very difficult waters.

Lord Liddle Portrait Lord Liddle
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Will the Minister give me an answer to the question? It is a reasonable question on such a vital matter of national importance: is this ruled out in a transitional arrangement or not?

Lord Keen of Elie Portrait Lord Keen of Elie
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With respect, the noble Lord’s question proceeds on a supposition that I do not accept.

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Noble Lords will also understand, of course, that Northern Ireland’s citizens can, if they so wish, post Brexit, become citizens of the European Union by becoming citizens of the Irish Republic. That is an issue which should be raised—and all this is against the backcloth of an election on Thursday to establish a new Executive and at least three weeks of negotiations—and I am convinced that the issues that have been touched upon in this House will be dealt with there. We should remind ourselves that the people of Northern Ireland voted to stay in the European Union. The people of Northern Ireland voted to accept the Good Friday agreement. The people of the Republic voted for that, too, but the people of the United Kingdom voted to come out of the European Union. This is a tough task and I wish the Government well in it.
Lord Dunlop Portrait The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Dunlop) (Con)
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My Lords, I welcome the noble Lord, Lord Murphy, to the Front Bench. He played a hugely important role in negotiating the Belfast agreement and he brings huge authority to this debate. I also thank all those who have taken part in the debate on this group of very important amendments relating to Northern Ireland. All the contributions have been thoughtful, sincere and passionate. I pay tribute to the work of the EU Committee and, in particular, its report on Northern Ireland, which has been mentioned by a number of noble Lords. The whole House is very conscious of the political situation in Northern Ireland and the need to provide support to the parties there, with Assembly elections this Thursday and the aim of re-establishing strong and stable devolved government. I am sure that we are all united in this place in our sense of duty to the people of Northern Ireland who support the devolved institutions and want to see the forward momentum of the peace process maintained.

The people of Northern Ireland have seen the benefits that flow from the peace process: a reduction in violence, although it is still far too prevalent; economic and social progress; and the gradual normalisation of everyday life. Around this Chamber, on each side and in every part, are noble Lords who have made significant contributions to the peace process and to the progress Northern Ireland has experienced over the last 20 years or so. I have said many times from this Dispatch Box that we have enjoyed the longest unbroken period of devolved government in Northern Ireland for 45 years, a period that started in 2006 on the watch as Northern Ireland Secretary of the noble Lord, Lord Hain, who opened this debate. In our House and in the other place support for establishing, re-establishing and then maintaining the devolved institutions has been a bipartisan effort. The Government recognise and are grateful for the level of bipartisan support that the parties opposite continue to provide. It is for the Northern Ireland parties to work together to form a functioning Executive, and we all have a role in supporting those efforts. Everyone in this House wants and is working for the same outcome.

The Government are very conscious that as we negotiate the United Kingdom’s exit from the EU and secure our position as an open, successful trading nation, we need to make certain that the unique interests of Northern Ireland are protected and advanced. There can be no doubt about the priority the Government attach to the interests of Northern Ireland and, as the noble Lord, Lord Lester, noted, to providing strong reassurance to the people of Northern Ireland. The Prime Minister’s Lancaster House speech and the White Paper set out the 12 principles that will guide our approach to the negotiations. Two of these refer explicitly to the needs of Northern Ireland. The first makes clear that the Government remain fully committed to the Belfast agreement and its successors as part of securing a deal that works for all parts of the United Kingdom and strengthens the union. The second highlights the importance of protecting our strong and historic ties with Ireland and maintaining the common travel area. Nobody wants to see a return to the borders of the past. The border is clearly a vital economic and trade issue. We recognise that the Northern Ireland economy is deeply integrated with that of Ireland, as well as with that of the rest of the United Kingdom. The issue of milk has been raised very vividly on a number of occasions so I will not repeat what was said.

However, this is more than just an economic issue. It is a social and psychological issue as well. For example, it is about families who use hospital services or are signed on with a GP across the border, or about the coaches of Northern Irish rugby supporters travelling to Dublin to watch Ireland play in the Six Nations. It is about the ease of everyday living and how you feel about the place in which you live. The open border for people and businesses has served us well and none of us wants to see the border issue become a renewed source of tension or division between different parts of the community in Northern Ireland. We want to ensure that goods and people can still move freely across the border and the Prime Minister has been crystal clear that the Government want trade across the Irish and Northern Ireland border to remain as frictionless as possible.

Of course, I recognise that this raises practical issues of the sort that the noble Baroness, Lady O’Loan, and others raised at Second Reading about what specific solutions might be put in place to achieve our desired outcomes. Such questions have been raised again today. As we have said before, and as the noble Baroness, Lady O’Loan, expressed so succinctly and eloquently, this is a straightforward Bill that gives the Prime Minister the power to start the process of withdrawal; it does not concern the wider negotiating process that will follow or the Bills that will come before this House and the other place on such matters as immigration and customs to give effect to what is agreed. To address the point raised by the noble Lord, Lord Hannay, we will look to negotiate the best possible deal to secure practical cross-border co-operation on matters of justice and security. However, we start from a position of shared interests and common ground. The relationship between the United Kingdom and Ireland has never been closer or stronger than it is today.

There is a very strong joint commitment from the Irish Government, the Northern Ireland Executive and the UK Government to find a practical solution that recognises the unique circumstances on the land border between Northern Ireland and Ireland and all the social, political and economic implications that flow from them. I believe that the EU will be sensitive to the specific challenges around the border between Ireland and Northern Ireland. Only last week the President of the European Commission, following a meeting with the Taoiseach, said:

“During the BREXIT negotiations, the EU and Ireland must look to minimise the impact. We don’t want hard borders between Northern Ireland and Ireland”.


I also welcome Guy Verhofstadt’s comments about prioritising,

“the specific needs of Ireland and Northern Ireland”,

and Michel Barnier’s remarks about doing the,

“utmost to uphold the success of the Good Friday Agreement”.

This reflects, I think, an acute appreciation in Brussels and in other European capitals of the important role the European Union has played in helping to ensure and preserve peace in Northern Ireland, a point touched upon by the noble Lord, Lord Alderdice. I hope that this will continue.

Before I turn specifically to the amendments I want to address a point raised by both the noble Lord, Lord Hain, and the noble Baroness, Lady Randerson, on the even-handedness with which the UK Government deal with the political parties in Northern Ireland. Let me be very clear: the Government recognise the importance of establishing good working relationships with political leaders representing both unionist and nationalist traditions. We have always said that we govern in the interests of the whole community in Northern Ireland. In recent years, two very significant cross-party agreements—Stormont House and Fresh Start—have been reached, which demonstrates our ability to work effectively across the community with the major parties in Northern Ireland.

I turn now to the three amendments. Amendment 2 in the name of the noble Lord, Lord Hain, would include in the Bill an undertaking by the Prime Minister to support the maintenance of the open border between Northern Ireland and Ireland. No such undertaking is necessary in the Bill, as my noble friends Lord Trimble and Lord Howell have made clear, particularly in light of the strong assurances that I have given and our desire to keep this Bill clean and simple.

The Government’s intentions on this matter are already clear and there is no fundamental difference between us on the outcome that we seek. Maintaining the common travel area and protecting the high level of operational co-operation that underpins it will be an important priority for the UK in the talks ahead. As has already been pointed out, there has been a common travel area between the United Kingdom and Ireland for many years. Indeed, it was formed before either of our two countries were members of the European Union and reflects the historical, social and economic ties between its members.

Similarly, we recognise that Ireland is by far Northern Ireland’s biggest trading partner with goods exported worth £2.1 billion and imports of £1.6 billion in 2015. This underlines the strong mutual self-interest that exists. We will work closely with the Irish Government and the Northern Ireland Executive to find practical solutions to keep cross-border trade as seamless and frictionless as possible.

In finding solutions to the land border between Ireland and Northern Ireland, my noble friend Lord Empey sought reassurance that we will not create an internal border between Northern Ireland and the rest of the United Kingdom. I can give my noble friend firm assurance that this Government are clear that we must do nothing that makes any citizens of our country feel strangers in that country. Our guiding principle as we leave the EU will be that no new barriers to living and doing business within our own union are created.

Amendment 10 would exempt provisions derived from the Belfast agreement. The Government’s commitment to the Belfast agreement and the three-stranded approach—which makes clear that the government of Northern Ireland will be determined by consent—is rock solid, including the principles that recognise the birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish or British, or both, as they may so choose. The United Kingdom’s departure from the EU will not change that. The institutions, including the North/South Ministerial Council and the six implementation bodies, remain intact. So while the Government do not disagree with the core sentiment lying behind this amendment—namely, unwavering support for the Belfast agreement—there is no need to legislate for it.

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Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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My Lords, if we can get back to the amendment—I thought for a moment we had segued into the next debate—it is on a second referendum or ratification that I think initially sounded quite attractive to a number of noble Lords. However, when you actually look at the amendment it is flawed.

First, there is the point made about the two parts of the amendment. Paragraph (a), which says that it must be,

“laid before and approved by a resolution of each House of Parliament”,

fails to recognise the primacy of the other place. That is not how we have handled this Bill or other issues. On that point, our later amendment on a meaningful vote is a better way to judge parliamentary opinion and for Parliament to deal with this issue.

Demands for a second referendum started even before the polls closed on the first one. An online parliamentary petition called for a second referendum should the first have less than a 60% vote for either remain or leave on a 75% turnout threshold. That set a high bar and it received around 4 million signatures. We do not require that level of support for Governments; the last time we had a turnout of higher than 75% was back in 1992, nearly 25 years ago. This amendment does not seek such conditions. I agree that it would be strange to set new and different conditions for a second referendum from the first one but the point has been made previously in debates that for such a major constitutional issue to be decided by a simple majority has caused concern.

National referendums are rare in the UK. As we know, there have been three UK-wide ones. In 1975, Harold Wilson called a referendum on remaining in or leaving the European Economic Community. In 2011, during the coalition Government, we had a referendum on whether to change first past the post to the AV voting system. Then we had the EU referendum in 2016. I must confess that I am naturally cautious about politicians demanding a national referendum on an issue. If I was a cynic—of course, I am not—I would suggest that we do that rarely on a point of principle but more often because we think it will endorse a position we take and give us the result we want. However, I feel differently when there is public demand for a referendum. I accept that it is not always easy to judge that. Certain petitions and polls are not satisfactory. Yet it becomes clear over time and the polls for the EU referendum were evidenced by the turnout.

Let us look at the public support for these referendums. In the EEC referendum in 1975, 64% voted. That was probably depressed by most people thinking that it was clear the UK would remain. Some 72% voted in the referendum in 2016. Yet when we had the referendum on the voting system, for which there was no real public demand as it was politician-led, it motivated fewer than half our fellow citizens, with a turnout of just 42%. My fear now is that, with no significant public demand for a second referendum at this time, this is being seen as a campaign to challenge the result of the first referendum. That in itself creates a mood of opposition and hostility from the public.

The noble Lord, Lord Newby, reinforced that view in his speech, but in the The House magazine he said it was “implausible” not to grant a second referendum if public opinion shifts in favour of the EU. What if it shifts away and more people are opposed to the EU? Is that still grounds for a second referendum? Not according to his article. Indeed, the noble Lord and the noble Baroness, Lady Wheatcroft, spoke of having a second referendum so people could express a change of mind. That is not solely a reason to have one.

As the previous debate illustrated clearly, the coming months of negotiations will be complicated and complex. We are pressing the Government to ensure that Parliament is kept fully engaged and informed throughout the whole process, and that Parliament has the opportunity for a real, meaningful final say on the exit arrangements or deals. The noble Lord, Lord Newby, made a good point on this when he said that the Government did not want to engage with Parliament through a vote and had to be persuaded to do so by a court judgment. However, Parliament will now have to make its judgment and the MPs who do so will be accountable to their constituents. That is what parliamentary sovereignty means: taking responsibility.

I must say to the noble Lord, Lord Newby, that his logic is flawed because he and others from his party feel no need to respect the result of the referendum. The noble Lord, Lord Ashdown, just refuted this but I find that hard to accept. I do not, as the noble Baroness, Lady Wheatcroft, said, call the result the will of the people. I am not sure that referendums express that. However, there is a clear result. The noble Lord’s party said that there is no need to respect that result and voted against it in the House of Commons. It is now calling for a second referendum. Is that to be the same, to be seen as advisory, or do we just accept what a second referendum says? I find it hard to see the circumstances in which a second referendum could deal with all of the detail that would be required on the terms of an exit deal and not just be a rerun on the principle of continuing the process to leave or staying in. That is, in effect, the same as the first one.

The final judgment on the exit deal has to be very measured. It is going to involve forensic detail and it cannot just be an appeal to the emotions without hard, actual facts. In the first referendum, we saw different sides campaigning; they lobbied around the principle of staying in or leaving. I am on record as saying that I was deeply unimpressed with both the remain and leave campaigns. I have not yet been convinced that the approach of a referendum works well when dealing with the detail of negotiations over a period of two years. We have to have some faith in our Members of Parliament and in your Lordships’ House to make a serious, factual judgment on the benefits or otherwise of a final deal. I agree with the noble Lord, Lord Warner, who asked whether we trusted the Government. I have been clear that I do not trust the Government enough to wave them off for two years and come back, and that is why we have later amendments about parliamentary engagement and votes. However, there is no impediment: if, as time and negotiations progress, there is genuine evidence of a widespread public demand for a second referendum, that should be listened to, but at this stage, our priority has to be that Parliament has the final say.

Lord Bridges of Headley Portrait The Parliamentary Under-Secretary of State, Department for Exiting the European Union (Lord Bridges of Headley) (Con)
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My Lords, the House will be delighted to hear that I intend to speak briefly on this amendment, as I get the sense that many of your Lordships’ minds have already been made up on this issue. I am going to explain why the Government believe that this approach would be wrong in principle and wrong in practice. A number of your Lordships have already made a number of good points, which I will not repeat.

I begin by taking a step back to consider people’s trust in politics today. It is at a somewhat low ebb. For many people, there is a sense that too many politicians say one thing and then do another. There is a sense that Parliament is divorced from day-to-day life, and this frustration and disillusionment with mainstream parties encourage them to look to others to represent their views. This is the backcloth to the debate on this Bill and this amendment.

Let us not forget the democratic path that has brought us here. The Conservative Party promised to hold a referendum and respect the outcome. This Parliament gave people the choice of whether to leave or to remain in the European Union: a choice without caveat or condition. It was a choice that the people exercised, having been told by the Government in the leaflet sent to every household in the land:

“The Government will implement what you decide”.


The majority voted to leave, not to have a second referendum and not to think again. The people have spoken and this Bill delivers on their wish.

My first question to your Lordships is: would it help build trust in politics if we, the unelected Chamber, were to tell the people, “We did not like your first answer; please try harder”? I think not: quite the reverse. When Scotland voted against independence, what was the response from any politicians? I shall quote one:

“You have to abide by the outcome ... I don’t think re-opening old wounds would be good for Scotland”.

Those were the words of Mr Nick Clegg. Whatever the cynical machinations of the Scottish Nationalists today, I believe that what Mr Clegg said was true then as regards Scotland and is true today as regards Europe. We promised a referendum, not a “neverendum”. The government leaflet said the referendum was a once-in-a-generation decision, not a twice-in-five-years decision. We cannot keep asking the question until we get the answer that some want.

Lord Ashdown of Norton-sub-Hamdon Portrait Lord Ashdown of Norton-sub-Hamdon
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The Minister is making the case against a question that we did not ask, which is, “Shall we have another referendum on in or out?”. We accept that that is not going to happen. We accept that the Government have a mandate for Brexit. Will he tell us what mandate they now have for leaving the single market?

Lord Bridges of Headley Portrait Lord Bridges of Headley
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My Lords, I am sorry to say that the noble Lord is just making my point for me. We had a referendum in which people were asked very explicitly whether they wanted to leave or remain in the EU. The leaflet that I have here said it very clearly, and many people in this House and outside it—on both sides of the argument—made the case that a vote to leave was a vote to leave the single market. That was the choice, people were aware of it and that was the decision that they made. We are going to come on to this in the next hour or so.

Furthermore, many people on both sides of the argument, leave and remain, are now coming together to make a success of our exit from the EU and to forge a new place for our nation in the world. Why would we want to open up all those old divisions again by holding a second referendum, as this very debate has just shown? Well before last June, a number of politicians argued—

Lord Dykes Portrait Lord Dykes (CB)
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When the Minister talks about the advisory referendum which was giving an opinion, that was the result that we had to respect at the time. Of course, there are comparisons with other European countries; in the process of the European constitution and subsequent Lisbon treaty, it was very interesting that in France, Denmark and the Republic of Ireland, there was always under the compulsory written constitutions a “no” vote in that first referendum. Each one was reversed by their Governments because they knew it was a vote about the unpopularity of internal politics and nothing to do with Europe.

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Lord Bridges of Headley Portrait Lord Bridges of Headley
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I hear what the noble Lord is saying, but I am sorry to say that that boat, and all this argument, sailed when we passed the referendum Bill. That is just simply the fact.

Well before last June, a number of politicians argued that a referendum on our membership of the EU was needed precisely because Europe was poisoning the body politic. One politician said some years ago that it was,

“time we pulled out the thorn and healed the wound, time for a debate politicians have been too cowardly to hold for 30 years ... Let’s trust the people with the real question: in or out”.

Again, these were the words of Mr Nick Clegg back in 2008. I agree with the Nick Clegg of 2008. Now that we have had that referendum, I would argue that another would put that thorn back into British politics, and rub salt in the wound.

Lord Campbell of Pittenweem Portrait Lord Campbell of Pittenweem (LD)
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Since this is an occasion for quotations, I remind him that John Maynard Keynes said:

“When the facts change, I change my mind. What do you do, sir?”.


Is it the Government’s position that if, after these negotiations, they decide that no deal is better than a poor deal, the Government will not put that to the people of the United Kingdom?

Lord Bridges of Headley Portrait Lord Bridges of Headley
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My Lords, the Government’s position is very clear. We are absolutely going to stand by the instruction given to us by the British people to leave the European Union. That was the decision and that is the Government’s policy, and that is what it will remain.

Lord Spicer Portrait Lord Spicer (Con)
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Is not the real reason people are calling for a second referendum that one side lost and they do not like it? Then, might it not be the case that somebody loses another referendum and we would have to have a third one? Indeed, we might even have to have a fourth referendum to decide which referendum was the real thing.

Lord Bridges of Headley Portrait Lord Bridges of Headley
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I agree with my noble friend, and this is why we have the prospect of a “neverendum”.

Baroness Kennedy of Shaws Portrait Baroness Kennedy of The Shaws (Lab)
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Does the Minister really think that the British people had any idea at all what it would mean if there was no deal and they ended up in the arms of the WTO and all that that means?

Lord Bridges of Headley Portrait Lord Bridges of Headley
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I am sorry to say that I dispute what the noble Baroness is saying. The British people voted to leave. There was a very loud and passionate discussion, with lots of people issuing lots of papers about what it would mean to leave, and the British people made a decision.

My noble friend raised the issue of a “neverendum”. This brings me to certainty. One thing we all agree on is the need for certainty. Therefore, let us think of European families here, of British families in Europe and of the thousands of businesses right across this country that are listening to our debate. For them, the prospect of another referendum at some unknown date years ahead, with a Bill—as the noble Lord, Lord Grocott, said—and a question we do not yet know, would simply create more uncertainty.

Let me say here a word about business in particular, given that my noble friend Lady Wheatcroft edited the Wall Street Journal. I would like to draw the Committee’s attention to a report just issued by the Institute of Directors. It recommends:

“A … measure to boost both political confidence and certainty for business would be for all parties to rule out a second referendum over the next parliament—either a repeat on EU membership or on the final terms of the deal”.


The IoD represents 35,000 businesses which employ hundreds of thousands of people. Those businesses are saying that they want certainty.

Baroness Kramer Portrait Baroness Kramer (LD)
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Perhaps I might press the Minister for clarification. He says that people want certainty. Is he saying that if that certainty is, to a business, “Yes, you must move your headquarters, you must take jobs out of this country”, and to people that, “You will face higher prices and fewer opportunities for your children”, that is what the Government will choose to make the British people live with—and with no voice to challenge it?

Lord Bridges of Headley Portrait Lord Bridges of Headley
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The noble Baroness and I have many interesting discussions, but I dispute the grounds on which she is approaching this. We have set out very clearly, to provide clarity and certainty, a view regarding what we wish to achieve in the negotiations. That has provided a considerable amount of certainty and clarity to many of the businesses I have spoken to and in nation states across Europe. That is exactly what we now need to deliver on.

I will turn quickly to the issue of parliamentary scrutiny, which the noble Lord, Lord Newby, slightly dismissed. Parliament will be heavily involved in the process of our leaving the EU. This Bill, the Bill to repeal the European Communities Act 1972, primary and secondary legislation, Statements, Select Committee appearances—the list is quite long. On top of that, the Government will bring forward a Motion on the final agreement to be approved by both Houses of Parliament before it is concluded. So the nub of the matter is very simple. On 23 June people voted to leave the EU. It was a choice that this Parliament gave them and it is a decision that, now it has been made, we must obey. So I hope that the noble Lord will withdraw his amendment.

Lord Judd Portrait Lord Judd (Lab)
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The Minister has deployed with great moral strength the argument that the people have spoken. I remind him that the majority of those who voted have spoken—but, in fact, barely a third of the potential electorate in Britain voted. The situation is not as absolute as he suggests. I say to your Lordships that this is a very good reason for taking very seriously the argument that the road of referenda is a very dangerous road indeed.

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Lord Bridges of Headley Portrait Lord Bridges of Headley
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I think that I would like to say a few words, despite what the noble Lord, Lord Mandelson, says. I sense there is some division. Let me start by trying to mend some bridges—pardon the pun. All of us in this House wish our country to prosper. We all want to see more investment and more jobs. The very simple question raised by these amendments is this: in light of the vote to leave the EU, how can we best do that? I know that the noble Lords, Lord Hain and Lord Monks, and other noble Lords whose names are on these amendments, have long-held views that the best route to achieve that aim is, at least in part, for the United Kingdom to remain within the EU and within the single market. I respect their views and the steadfastness with which they hold them. I will try my best to be eloquent, but I am sure that what I am about to say will not deflect them and a number of other noble Lords, such as the noble Lord, Lord Mandelson, from supporting this amendment. But I will briefly set out why the Government oppose the amendment. The first and most obvious reason is that it has nothing to do with the Bill. The Bill has one purpose only: to enable the Government to start the process of negotiation. It is not a means to dictate the terms of the negotiation.

The second reason concerns the democratic arguments. Very briefly, as I said earlier, the Government promised to hold a referendum and to honour its result. Yes, I know that the Conservative Government said that they would protect our role in the single market in the manifesto. But as my noble friend Lord Blencathra pointed out, the manifesto also promised to respect the result of the referendum—a promise which this Parliament endorsed by passing the European Union Referendum Act.

As the noble Baroness, Lady Hayter, said, the debate we have heard tonight has been a rerun of the referendum campaign. As I said earlier, during that campaign, every household was sent a leaflet which spelled out the consequences of leaving as regards our membership of the single market. A number of people on both sides of the argument pointed out that we could not vote to leave and then try to remain in the single market. Criticising the leave campaign, one of those arguing to remain said:

“Some of those advocating British withdrawal suggest that we can have our cake and eat it by staying within the European single market to retain the great bulk of our trade which is with EU countries”.—[Official Report, 2/3/16; col. 855.]


Those are the words of the noble Lord, Lord Hain, and he was quite right. The four freedoms are seen by many across Europe as indivisible, and we should respect those views.

Much more than that, as other noble Lords have said, remaining a member of the single market would mean complying with the EU’s rules and regulations that implement the four freedoms, without having a vote on what those rules and regulations are. It would almost certainly mean accepting a role for the Court of Justice of the European Union. It would mean still not having control over immigration—relying on enforcement powers rather than creating an immigration system, which this Government intend to build, which allows us to control numbers and encourages the brightest and best to come to this country.

As to the customs union, were we to remain a full member, we would remain bound by a common external tariff, which would greatly limit our ability to strike our own trade deals and our freedom to determine the level of UK tariffs. Were we to remain within the common commercial policy, we would not be able to pursue freely our bold, ambitious trade agenda with the rest of the world. We would instead, as now, be ceding responsibility for this to the European Union. So to remain a member of the single market and to remain a full member of the customs union would, to all intents and purposes, mean not leaving the EU at all.

As to the EEA, I agree with the noble Baroness, Lady Hayter, that it suffers from a democratic deficit. Once we leave the EU, as my noble and learned friend said earlier, the EEA agreement will no longer be relevant for the UK. It will have no practical effect. But we expect a phased process of implementation to cover our withdrawal from the EU in which both Britain and the EU institutions and member states prepare for the new arrangements between us. This is intended to give businesses enough time to plan and prepare for the new arrangements. The interim arrangements that we rely on will be a matter for negotiation.

Lord Liddle Portrait Lord Liddle
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Does that mean that the Government are not ruling out EEA membership for the transition?

Lord Bridges of Headley Portrait Lord Bridges of Headley
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I have nothing further to add, other than to say that it is a matter for the negotiations. It is a matter for the negotiations and I am not going to go further. I checked the transcript of the Select Committee hearing that the noble Lord so rightly brought me up on earlier and that is what I said. It is exactly consistent with what I have said.

I turn to our approach to trade with the EU once we have left. My noble friend Lord Howell pointed out the intricacies of this. It is absolutely true—a basic point—that across the world countries which are not members of the single market trade with Europe. The single market is not a tablet of stone. As the noble Lord, Lord Mandelson, so rightly said, in services, which drive so much of our wealth creation, the single market is incomplete; likewise, on digital services. With that in mind, the Government have a clear aim: to seek an agreement for the freest and most frictionless trade possible in goods and services between the UK and the EU. We start these negotiations from a unique position. The EU exports to the UK £290 billion of goods and services each year, and on day 1 we will have exactly the same regulations and standards as our negotiating partners. The focus will be not about removing existing barriers or questioning certain protections but about ensuring new barriers do not arise, and the scale of trade means that it should be in our interests, and Europe’s interests, to come to an agreement.

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21:21

Division 1

Ayes: 136


Liberal Democrat: 78
Labour: 33
Crossbench: 19
Independent: 4
Plaid Cymru: 1

Noes: 299


Conservative: 208
Labour: 53
Crossbench: 29
Independent: 6
Ulster Unionist Party: 2
Democratic Unionist Party: 1

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Lord Lennie Portrait Lord Lennie (Lab)
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My Lords, Amendment 22, on impact assessments, seeks to put us on a level playing field with the Government. We want the information that has already been published—the impact assessments that may have taken place, or have taken place, since the referendum in the various departments listed: nothing more, nothing less. Others have commented on other areas of the work of the European Union where we stand to suffer a loss, and they are right to make those comments. They referred to the north-east, the environment, equalities and so on.

In the Commons the big issue was how to deal with confidentiality. We have made provision for that by the subsection of the proposed new clause in Amendment 22 that defines the right of the Government to hold back from publishing anything that they feel would harm our negotiating position in any way, for any reason, and to restrict it to a few wise heads. We do not even define how that should happen. It could be on Privy Council terms or whatever other terms the Government wanted. That seems to me an entirely sensible way to proceed. I shall not detain the House any longer, but I ask the Minister to respond to these requests in the spirit in which they have been made. These are probing amendments, which we expect to be useful, and we look forward to a positive outcome to the discussion.

Lord Bridges of Headley Portrait Lord Bridges of Headley
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My Lords, I, too, shall try to keep things brief. To pick up on what the noble Lord just said, I share the motive that I believe genuinely and sincerely underpins many of the amendments, which is to ensure that Parliament has the means to scrutinise the negotiations as they proceed. Obviously, that is the subject of the next group of amendments, which we want to get on to, but let me say now that the challenge that we—that is, Government and Parliament—face is to get the balance right between providing enough information to enable scrutiny and ensuring that our negotiating position is not revealed.

I would argue that some of the amendments fail that test, as they would expose the Government’s negotiating position. The noble Lord, Lord Bilimoria, and others spoke about business and business experience, and I have to say that I disagree with the noble Baroness, Lady Hayter, on this point. We have had many amicable discussions but I disagree with her on this. I see it as a cardinal rule of any negotiation not to tell those on the other side of the table how much certain scenarios and outcomes would cost or benefit you—but that is what the publication of an impact assessment would do. I fully accept that Amendment 22, which the noble Lord just mentioned, accepts that an impact assessment could be kept confidential. The whole matter of sharing information is the subject of the next group. All I would say at this stage is that this Bill is not the vehicle to insert conditions on negotiations.

Since the referendum the Government have indeed been undertaking rigorous and extensive analysis work to support our exit negotiations, to define our future partnership with the EU and to inform our understanding of how EU exit will affect the UK’s domestic policies and frameworks. This includes analysis of what it means right across the UK, including regional analysis. I realise that this House and the other place are obviously eager to know more. So let me repeat to your Lordships what I and my fellow Ministers have said before—I am thinking specifically of the noble Lord, Lord Hannay, when I say this. If and when we believe we can share further information, we will—so long as it does not undermine our negotiating position. We will ensure that our Parliament receives at least as much information as the European Parliament.

Let me now address some specific points that were raised. Amendment 27 refers to the Equality Act 2010 and protected characteristics. We are of course aware that exiting the EU will herald change in a whole host of ways. I can assure the House that all the protections covered in the Equality Act 2006 and the Equality Act 2010 will continue to apply once the UK has left the European Union. The UK is already well placed to continue championing equality, thanks in part to the legal protection assured by the Equality Acts.

The public sector equality duty requires public authorities, in the exercise of their functions, to have due regard to the need to eliminate discrimination, harassment and victimisation, to advance equality of opportunity and to foster good relations between people who share protected characteristics and those who do not. We will continue to comply with our legal obligations under that Act.

I agree with the sentiments of Amendments 13, 14 and 15. The UK is fully committed to remaining an international leader on environmental co-operation. As part of the great repeal Bill, we will bring current EU law, including the current framework of environmental regulation, into domestic British law. As my noble friend pointed out, any changes to it would be subject to parliamentary scrutiny and approval. However, this is not the time to set down in statute anything on environmental regulation.

As to the Aarhus convention, this is a United Nations agreement to which the UK is a party in its own right, meaning that the convention will continue to apply to the UK after we leave the EU. Many of those convention obligations are currently implemented through EU law, which, as I say, will be converted into domestic law.

Amendment 28 refers to the impact of withdrawal on the UK’s trade, security and aid policy towards developing and post-conflict countries. As I have said, leaving the EU does not, and cannot, mean the UK turning its back on Europe or the rest of the world. We will continue to face the same global challenges. We want to work with our partners in Europe and elsewhere to alleviate suffering and hardship. Doing so is not just in our national interest, it is the right thing to do. Therefore, we aim to enhance our strong bilateral relationships with our European partners and beyond, projecting a truly global UK across the world. As your Lordships will know, we are one of only a handful of countries in the G20 that has pledged to, and delivered on, spending 0.7% of GNI on overseas aid, and the UK will continue to be one of the most important global actors in international affairs.

As to trade, to which the noble Earl referred, the UK’s exit from the EU creates a major opportunity to send a positive signal that our markets are open and that we wish to forge new trade deals with nations across the world, both developed and developing. I know that this House and the other place will wish to debate this in the months to come. My door remains open to the noble Earl and others to discuss this. However, once again, now is not the time, and this Bill is not the place, to commit to publishing a report on this prior to notifying under Article 50.

Amendments 9 and 6 call for impact assessments on the individual regions of the UK to be published before we trigger Article 50. I assure the noble Lord, Lord Shipley, that I and my fellow Ministers in other departments regularly talk to local government and regional organisations about a whole range of issues as we are completely committed to securing a deal that works for the entire United Kingdom. To illustrate that, my Minister of State met the chairman of the Local Government Association in January and will hold further regular meetings. He has held a joint meeting with the Local Government Associations in England, Scotland, Wales and Northern Ireland. There are monthly meetings hosted by the DCLG, including representation from local government, the local enterprise partnerships, the National Housing Federation and the Society of Local Authority Chief Executives. On top of that, my Secretary of State is already committed to bringing together the northern elected mayors for a summit in York in the summer, to which the mayors of Liverpool, Greater Manchester, Tees Valley and Sheffield will be invited. So we are very engaged. If the noble Lord or the noble Baroness wish to meet me to discuss this, and have further ideas on how we can do more, I am all ears.

As regards funding, all I can say is that where we can we will give as much certainty as possible. My right honourable friend the Chancellor has confirmed that the Government will guarantee EU funding for structural and investment fund projects, including agri-environment schemes, signed before, and which will continue after, we have left the EU. Funding for projects will be honoured by the Government if they meet the two following conditions: they are good value for money and in line with domestic strategic priorities. However, when considering this amendment, I repeat the point I made earlier that such a publication of regional impact assessments would not serve to strengthen our negotiating position, any more than a general impact assessment would.

While I understand the wish and desire for more information, the Government cannot, and will not, do anything to undermine our negotiating position. We will not accept conditions being attached to a Bill that has a very simple purpose—to deliver on the result of the referendum. Therefore, I ask the noble Baroness to withdraw her amendment.

Baroness Quin Portrait Baroness Quin
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My Lords, as I made clear from the outset, my amendment and, I believe, others in this group simply sought to raise issues that we feel it is important for the Government to consider, even at this early stage. I am glad that the majority of contributions to this debate show that that purpose was worth while. I thank the Minister for his reply. I am sure that I and others would like to take up his offer of further dialogue on these important issues. I hope, too, that he and his officials will look at some of the points raised in this debate that he has not been able to answer in his wind-up speech and perhaps write to us on those important subjects. Having said that, and repeating that it was a series of probing amendments, I beg leave to withdraw this amendment.

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Lord Lennie Portrait Lord Lennie
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My Lords, in Amendment 18 we seek a quarterly report on the position that the Government have reached in negotiations across the European Union. It is quarterly rather than bi-monthly because the latter was dismissed by the Commons as being rather too frequent—so it was looked at and extended. We want to make sure that we are at least as well informed in this place as in the European Parliament by the provision of the public documents that are available there during this process.

The Government have now said that we will always be as well informed as the European Parliament, so now is the opportunity for them to prove that they mean what they say and confirm that this will be an acceptable way forward. It will not be sufficient to come back at the end of the process with a take it or leave it deal. Much, much more will be needed in the intervening period. The Government should properly recognise the expertise available in this place, which has been contributed partly today and partly in the debate that has already taken place—and which will also be contributed next week.

The technical agencies listed by the noble Lord, Lord Berkeley, are essential working bodies. They are bodies that the Government volunteered to become part of; they exist because of the unanimity about their need to exist in the European Union. It therefore seems perfectly appropriate to ask what on earth happens when we leave the European Union to those affected by the work that these bodies undertake.

These are the two fundamental questions in the amendments and I ask the Government to agree to quarterly reporting and to publish a report about continuing co-operation with the agencies listed in the amendment tabled by my noble friend Lord Berkeley.

Lord Bridges of Headley Portrait Lord Bridges of Headley
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My Lords, restoring parliamentary sovereignty lay at the core of what the British public were seeking to achieve when they voted to withdraw from the EU, so it is right that Parliament must and shall play a key role in scrutinising and shaping our withdrawal. As I said in my remarks on the previous amendment, the issue is one of balance. Parliamentary scrutiny must not come at the price of exposing our negotiating position and jeopardising what is in the national interest. All the evidence suggests that we can find common ground on this issue and get the balance right.

The EU Committee of this House produced a report last autumn that noted:

“Parliament can make a significant contribution to the development of the Government’s thinking, using conventional means such as debates and Select Committee inquiries”.


However, it also got to the heart of the matter when it acknowledged that scrutiny cannot jeopardise our national interest, saying:

“We agree with the Government … that Parliament should not seek to micromanage the negotiations. The Government will conduct the negotiations on behalf of the United Kingdom, and, like any negotiator, it will need room to manoeuvre if it is to secure a good outcome”.


It is worth remembering that this is something that the other place agreed with overwhelmingly when it was put to a vote on 12 October last year. Furthermore, it should be noted that this approach is shared by the European Commission itself. Its factsheet on EU trade negotiations states:

“A certain level of confidentiality is necessary to protect EU interests and to keep chances for a satisfactory outcome high. When entering into a game, no-one starts by revealing his entire strategy to his counterpart from the outset: this is also the case for the EU”.


Before I turn to the amendments, let me set out some of the steps that the Government have taken and will continue to take to ensure that Parliament is able to scrutinise Brexit. I start by answering a question asked by my noble friend Lord Blencathra about what I have done since Brexit. Since 23 June, I have given six Statements to your Lordships; my noble friends and I have taken part in four debates and answered 18 Oral Questions, which shows my willingness—I enjoy every minute of it—to deliver on this commitment. Along with that, Ministers in my department, myself included, have made no fewer than 13 Select Committee appearances. We believe that this approach is better than the one suggested in Amendment 18 for reasons that I will come on to.

We will continue to support and welcome the Take Note Motion debates that will tackle the most difficult aspects of our withdrawal, as well as the debates that emanate from the Select Committee reports referred to by the noble Earl and produced across Parliament. We are also continuing the programme of debates in government time in the other place. DExEU Ministers will also continue to appear at the EU Committee after every European Council and General Affairs Council, in addition to the Prime Minister giving a Statement in the other place, and my noble friend the Leader in this House, after every European Council. Ministers from across the Government will continue to give evidence at Select Committees on a wide range of withdrawal-related issues. Over and above this, we will also deliver on our commitment to ensure that this Parliament gets as least as much information as the European Parliament.

Parliament’s role goes beyond scrutiny, a point that I would say the noble Lord, Lord Warner, somewhat underplayed, for Parliament will also be a decision-maker. The Government will bring forward a Motion on the final agreement to be approved by both Houses of Parliament before it is concluded. We expect and intend that this will happen before the European Parliament debates and votes on the final agreement. Parliament will also shape the legislation required to give effect to our withdrawal from the EU, including the Bill to repeal the ECA and the legislation that will be required for any significant policy changes. For example, we have said that we expect to bring forward separate Bills on immigration and customs, plus a programme of secondary legislation to address deficiencies in the preserved law. So we entirely accept the spirit of the amendments before us today.

However, there are several reasons why the Government cannot accept them. Some are superfluous in that what they are seeking to achieve while others are prohibitively inflexible or prohibitively broad, but most important of all, none of them is relevant to this Bill which has a sole purpose: to trigger the process by which we leave the European Union. Let me expand briefly on these points.

As regards Amendment 18, I recognise the desire to formalise a timetable for scrutiny of negotiations, but it is much better that the Government should come back to this House at the point at which they have something significant to update noble Lords on, and as I have said, we have shown our willingness to do that. Amendments 8 and 24 will delay us from triggering Article 50 until the Government have reported to Parliament about how the UK will continue to co-operate with some 16 agencies or institutions. The noble Lord, Lord Berkeley, is right to highlight the importance of these agencies. I am more than happy to meet him to discuss them all. They are very important and flagged in the White Paper. But, looking at the words of the amendment, I argue that many people want us to get on with the negotiations. I do not think they want us to hang around while the Government produce reports on agencies such as the Community Plant Variety Office, even though we are a nation of gardeners.

Other amendments are problematic because they force us to reveal what should remain confidential and may well still be under negotiation. Amendment 8, tabled by the noble Lord, Lord Warner, requests Parliament’s approval on a report about the progress of the negotiations some nine to 12 months after we have notified. It includes an impact assessment on how trading relationships with the EU will affect UK industries and sectors, and a report on the cost and make-up of the exit charge to be paid by the UK to the EU. It also says that these reports should be made for Parliament’s approval, meaning that the Government could be committed to an outcome from negotiations before we are able to judge what might be deliverable. Plainly, the Government cannot accept such prescription. Doing so would fall foul of the very concern that the Select Committee of this House raised: micromanagement and restricting the Government’s room for manoeuvre.

The Government entirely accept the need for parliamentary scrutiny, but these amendments are unnecessary or detrimental and have nothing to do with the purpose of the Bill, which is to deliver on the referendum result and to allow the Government to trigger Article 50. I therefore ask that noble Lords do not press them.

Lord Warner Portrait Lord Warner
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My Lords, I am grateful to the Minister for his explanation. It does not totally surprise me what his attitude is towards this, but the idea that there is one report back to Parliament half way through a two-year negotiating period hardly seems micromanagement of the Government’s negotiations. Some would say that I have been rather kind in waiting for nine to 12 months before we got that report back. I will certainly read the Minister’s comments and consider what has been said, but there is an issue about how we take an overall look at the negotiations at a reasonable period after they have started, but before we reach the end game. I will talk to other colleagues before Report, but in the meantime I beg leave to withdraw the amendment.

European Union (Notification of Withdrawal) Bill

(Limited Text - Ministerial Extracts only)

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Committee: 2nd sitting (Hansard): House of Lords
Wednesday 1st March 2017

(7 years ago)

Lords Chamber
European Union (Notification of Withdrawal) Act 2017 Read Hansard Text Amendment Paper: HL Bill 103-II Second marshalled list for Committee - (27 Feb 2017)

This text is a record of ministerial contributions to a debate held as part of the European Union (Notification of Withdrawal) Act 2017 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

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Lord Taylor of Holbeach Portrait Lord Taylor of Holbeach
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There is no constitutional crisis; there is good order in this House and I hope that the noble Lord will understand that we all want to hear from the Government Front Bench.

Lord Bridges of Headley Portrait Lord Bridges of Headley
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My Lords, the status of EU nationals living here and UK nationals living in the EU is, as this debate has so very clearly shown, one of the most emotive issues—if not the most emotive—created by our country’s decision to leave the EU. Whereas so many other matters that we debate focus on dry economics, this touches on the most basic and immediate of issues: the lives of over 4 million people who have chosen to make a foreign country their home—Europeans who are our neighbours and our friends, many of whom work in our public services, such as the NHS; and British citizens, who may live hundreds of miles away, but whose interests this Government and this Parliament have a duty to represent and protect.

We all agree that we have a duty and responsibility to British citizens in Europe. We also all agree that European nationals make a very valuable contribution to our nation, especially in organisations such as the NHS. We all know the uncertainty that Brexit has brought to these people’s lives, and we all want to do what we think is ethically and morally right. So we all wish to sort this issue out as quickly as possible, to bring certainty to the lives of these millions of people. The very simple question before us today is: how? I know this question has created a dilemma for many of your Lordships, on all sides of the House. The amendments before us make various points but, as we have debated, they coalesce around one point: they wish the Government to make a unilateral declaration to guarantee EU nationals’ rights. I could labour the point that such amendments have no place in this Bill, and that is true—others have said that this is a very simple Bill—but shall not dwell on this, because when one is discussing the issues of more than 4 million people, such arguments may seem somewhat overly legalistic. Instead, I shall make just two core points.

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18:27

Division 1

Ayes: 358


Labour: 162
Liberal Democrat: 91
Crossbench: 78
Independent: 10
Conservative: 6
Bishops: 2
Green Party: 1
Plaid Cymru: 1

Noes: 256


Conservative: 213
Crossbench: 30
Independent: 6
Ulster Unionist Party: 2
Bishops: 2
Democratic Unionist Party: 1
UK Independence Party: 1

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The real issue is why we have heard nothing in response from the Government—I think there were just three rather measly paragraphs in the White Paper. Whether it be a strategy document or a White Paper, some serious work is needed now on what the alternatives might be, because the benefits of our membership are clear—noble Lords will have received lots of comments from the Institution of Mechanical Engineers and others—for our nuclear industry, for IP and for our scientific staff and our scientific centres of excellence. Their situation will be difficult if we have to come out. A lot of reassurance is needed. I hope we can be promised a proper strategy, with the full engagement of all those involved, but we certainly seek reassurance that the Government will make sure there is no possibility of our leaving Euratom until an equivalent framework and safeguards are in place.
Lord Keen of Elie Portrait The Advocate-General for Scotland (Lord Keen of Elie) (Con)
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My Lords, when one lawyer comes face to face with many scientists and nuclear experts and the issue is one of science, I know where my money would be. However, the issue is not one of science at this stage; it is essentially one of legal competence in the context of the treaty provisions that we have to face up to.

I thank all noble Lords for tabling these amendments and enabling a debate on our withdrawal from Euratom. I thank them, too, for raising the critical issues that surround Euratom and our participation in it. We share those interests and we share concerns about our position in Euratom. If nothing else, the amendments give me the opportunity to offer some reassurance—indeed, complete reassurance—that the Government are committed to maintaining the highest standards of nuclear safety and safeguards and to make clear that our aim is to maintain our mutually successful civil nuclear co-operation with Euratom. The issue is how we do that.

Amendments 11 and 23 would exclude Euratom from the parliamentary authorisation to trigger the Article 50 process. The noble Baroness has proposed an amendment that would separate withdrawal from Euratom from that from the EU so that the two could run, effectively, on different timescales.

The noble Lord, Lord Teverson, asked whether any of this was required, to which my response is that we consider that it is. Clause 1(2) of the Bill deals with the disapplication of the European Communities Act 1972, which would be required pursuant to the decision of the Supreme Court in Miller. Section 3(2) of the European Union (Amendment) Act 2008 deals with an interpretive issue and not with an operative issue so far as the European statutory provisions are concerned. It makes the point, as is underlined by other matters to which I will come in a moment, that references to the EU include references to Euratom. As has been noted already, the provisions of Article 50 of the Lisbon treaty were then incorporated into the Euratom treaty by Article 106a, so that we have those side-by-side mechanisms.

Let me seek to explain why, when we trigger Article 50 and start the process of exiting the EU, we will also start the process of leaving Euratom. We clearly recognise that Euratom provides the legal framework for civil nuclear power generation and radioactive waste management for members of the Euratom Community. All Euratom member states are EU member states, and vice versa. Of course, Euratom has relationships with other countries such as the United States, Japan, Canada and so on through the medium of international nuclear co-operation agreements. At the present time, Euratom is a party to those agreements, but it means that that there is an international family of countries interested in maintaining essentially the same standards with regard to civil nuclear generation and related matters concerning trade.

Although Euratom is a separate treaty-based organisation, one that came into existence in 1957 and which we entered in 1972 when we entered the European treaty pursuant to the 1972 Act, it shares a common institutional framework with the European Union. This makes the European Union and Euratom uniquely legally joined. For example, the Euratom Community relies on a common set of institutions provided for under the EU treaties, including the European Commission, the Council of Ministers, the European Parliament and the Court of Justice. The noble Lord, Lord Liddle, asked whether it was just that we did not want to be associated with the European Court of Justice as a matter of ideology, but that is not the case at all. The two treaties have institutions which are common. The United Kingdom’s participation in these institutions, either as Minister, Commissioner, MEP or judge, currently makes no distinction between EU and Euratom matters.

Reference was made to the referendum—

Lord Lea of Crondall Portrait Lord Lea of Crondall
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On the point, often made, that X, Y or Z is not what people voted for in the referendum, did people consciously vote to leave Euratom?

Lord Keen of Elie Portrait Lord Keen of Elie
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I am most obliged to the noble Lord for his second sight, because I was about to address that very point.

In the context of the referendum, people voted to leave the European Union institutions. They voted to leave the European Parliament. They voted to leave the European Commission. They voted to leave the Council of Ministers, and they voted to leave the European Court of Justice. They spoke in terms of reshoring their sovereignty and the supremacy of UK law. You cannot leave those institutions if you remain within Euratom.

It is the Government’s view that, once we have left the European Union, we will seek to engage with the members of Euratom, just as do many other nuclear-enabled countries around the world, by way of nuclear co-operation agreements. However, once we have left the EU, substantive negotiated changes to the Euratom treaty would be needed if we were to continue participating in Euratom, whether on a permanent or temporary basis. Not only is it difficult to see how that can be done given the commonality of the institutions, but it is extremely doubtful that the remaining 27 member states would be willing to take on such negotiations, particularly for a temporary change. Therefore, when we formally notify of our intention to leave the EU, we will also commence the process for leaving Euratom.

Let me be clear: the United Kingdom supports Euratom and wants to maintain continuity of co-operation and standards. As many of your Lordships have quite rightly stated, the nuclear industry is of key strategic importance to the United Kingdom. Therefore, we want to maintain our mutually successful civil nuclear co-operation with Euratom and, indeed, with all of our other international partners, which we do by means of nuclear co-operation treaties.

We maintain that the UK remains a world leader in nuclear research and development, and there is certainly no intention to reduce our ambition in that area. We fully recognise the importance of international collaboration in nuclear research and development, and we will ensure this continues by seeking alternative arrangements for our collaboration in international fusion research and development projects.

Reference has already been made to the JET project, which is based in Oxfordshire. At present, the financial commitment to JET runs to 2018 and there are proposals that that should be extended to 2020. We are committed to seeing that extension.

There is also the ITER project, which is to be based in France and is not limited to Euratom members; it is hoped that that will be operational by 2025. Again, we can foresee a commitment to further fusion research in that context.

Lord Hutton of Furness Portrait Lord Hutton of Furness
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I really did not want to interrupt the Minister; he has been very candid and helpful. Is it the Government’s intention to seek associate membership status of the Euratom treaty in order to continue to participate in the research programme at Cadarache?

Lord Keen of Elie Portrait Lord Keen of Elie
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It is not at present, as I understand it, our determined intention to seek associate member status, but that will be a matter for discussion in negotiation.

Let us be clear: this is an area where there is enormous mutual interest. It is not just the UK as a supplicant, putting its hand out. We are one of the world’s leaders in nuclear research and development. We have something to offer our partners, just as they have something to offer us. That is how we see it: a continuing partnership, albeit one in which we cannot credibly continue with the institutions of the EU, which are central to the operation of Euratom itself.

Lord Hutton of Furness Portrait Lord Hutton of Furness
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But the only way that non-EU members of Euratom have been able to contribute and participate in the research programmes has been through associate membership.

Lord Keen of Elie Portrait Lord Keen of Elie
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I fully appreciate the noble Lord’s point. That is why we will engage with Euratom and its members in order to determine continuity. Whether it will be by associate membership or by means of some additional agreement has yet to be determined.

A number of points were raised about whether we can maintain trade and standards. We trade, we have safety standards and we intend to maintain them. We had the opportunity to secure mutual recognition of our standards and trade by means of international nuclear co-operation agreements.

I have been asked by a number of noble Lords about the question of strategy and consultation. Let me be clear: we are at the beginning of this process, not at the end of it. We appreciate the need to develop a clear strategy in order to implement our desire for continuing co-operation with Euratom going forward.

A number of particular questions were posed with regard to where we were on certain issues of strategy and relationships with other international nuclear partners and how we intended to demonstrate the development of our forward strategy for nuclear research and development. The noble Lord, Lord Redesdale, raised the question of how important this was in the context of the proportion of our energy that is actually provided by nuclear installations. I understand that the figure is 17%, rather than the figure he quoted.

Lord Redesdale Portrait Lord Redesdale
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If you look at Energy UK, which gives it by the half-hour, it is about 17% at the moment, but it goes up to about 22% and down to about 14%.

Lord Keen of Elie Portrait Lord Keen of Elie
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I am most obliged for that clarification. It will elide the need for me to write any letters.

BEIS has a very direct interest in how its strategy is going to be developed, and here I commit not myself but my noble friend Lord Prior, because, going forward, he would be pleased to meet with any of your Lordships who have particular issues that they want to raise in the context of developing strategy and consultation on this point. At this stage, however, I do not consider that it would be appropriate for me to become engaged in that detail.

However, we have come to the very firm conclusion that, if we are to give an Article 50 notice that is effective going forward and that reflects the will of the people of the United Kingdom as expressed in a referendum, it must involve us withdrawing from the institutions of the European Union. Given the inextricable link between the European Union, as properly defined in some quarters, and Euratom, so far as those institutions are concerned, it will be necessary that that notice applies both to the EU as it is generically termed, and to Euratom itself, as defined as part of the EU, pursuant to Section 3(2) of the 2008 Act.

I hope that in these circumstances, the noble Lord will consider it appropriate to withdraw the amendment.

Lord Oxburgh Portrait Lord Oxburgh
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Twice in his speech, the Minister has commented that the UK was an international leader or a world leader in nuclear energy—I am not quite sure of the words he used—but it would be very unfortunate if our Ministers or officials entered any negotiations in this general area with that belief. There are certain areas in which UK achievements are considerable, but to describe it as such or imply it across the board would, sadly, be misleading.

Lord Keen of Elie Portrait Lord Keen of Elie
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I am most obliged to the noble Lord, because it gives me the opportunity to refine the statement that I made. Essentially, we are world leaders in the area of nuclear fusion.

Baroness Young of Old Scone Portrait Baroness Young of Old Scone
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I should say that I am also a member of the Science and Technology Committee, which is looking at this issue at the moment. I am also a former nuclear waste regulator. Is it true to say that this caught the Government on the hop as an unintended consequence of leaving the European Union? Will he tell us how many more of these unexploded bombs there are in there?

Lord Keen of Elie Portrait Lord Keen of Elie
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I am obliged to the noble Baroness. This Government are never caught on the hop.

Lord Teverson Portrait Lord Teverson
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My Lords, I thank everybody for their contribution to this extended meeting of the Science and Technology Committee of the House. I hope that the noble Earl will make sure that we are all on the attendance list next time it meets. Again, I thank the Government and I thank the noble Lord, Lord Prior, who is in his place, for the conversations that we have had.

However, what this debate shows us is that this is a hazardous route to go down. It has risk. In my corporate life, we have risk registers, and I suppose that coming out of Euratom would be somewhere up in that top, right-hand red box. It would be right up there. The board of the company would then say, “How do we mitigate this risk?”. The obvious answer would come from the newest non-executive director who had not yet got into groupthink. He would say, “We actually don’t do it”. For the moment, it might be the strategy and objective that we have as a nation and as a Government, but actually, doing this while we are doing all the rest is not a very good idea at the moment.

Furthermore, I was disappointed with the Minister’s response; I find it very difficult tonight and I want to come back on some of the legal arguments, but I do not agree with them. The two are separate institutions.

More importantly, he mentioned the question on the ballot paper. The question was very clear—it gave me no movement to get out of it, as someone who regrets the decision—because it said, “Shall we leave the European Union or shall we remain in the European Union?” Euratom is not the European Union. I take his point about the institutions, but the public did not vote specifically about the institutions; they voted about getting out of the European Union. Using that argument devalues the direction that that argument goes in.

Lastly, sure, staying in Euratom even for just another two years has its challenges organisationally and in trying to make that work, but the point is that those challenges and risks are absolutely nothing in comparison with coming out altogether.

I will withdraw my amendment and thank everybody for debating this issue. I will engage more with the Minister and other colleagues who put forward amendments —in many ways, they are better than mine. I suspect that, together, we will consider bringing this back on Report, but at this stage I beg leave to withdraw the amendment.

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Lord Judd Portrait Lord Judd
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My Lords—

Lord Bridges of Headley Portrait Lord Bridges of Headley
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My Lords, I think that the view of the Committee is probably that we should continue and that I should try to wrap this up.

Lord Judd Portrait Lord Judd
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My Lords—

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Lord Taylor of Holbeach Portrait Lord Taylor of Holbeach
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I thank the noble Lord and I call on the Minister to speak.

Lord Bridges of Headley Portrait Lord Bridges of Headley
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My Lords, we have discussed a veritable cornucopia of issues over the past hour and five minutes. Trying to sum up and string them together is something of a challenge, but I will attempt to do so. I fear that I may at this late hour incur the frustration of those noble Lords who put their names to these amendments. I will gently say that while I absolutely agree that we should debate these issues and that they are worthy of debate and scrutiny, the amendments themselves have no place in the Bill. I stress that I am sure that my noble friends on the Front Bench and I will return to the House on many occasions in the weeks and months ahead to discuss these issues in more detail.

A number of the topics that were raised have been touched on and were covered in the White Paper and other announcements that were made before and since the publication of the White Paper. A number of the points raised, especially in Amendment 20, were covered. The Government’s wish to seek a new agreement to enable free and frictionless trade has been made clear, as has our wish to continue to co-operate with Europe where it is clearly in our national interest to do so. On combating crime and terrorism, one of our stated negotiating objectives is to establish a new relationship with the EU to preserve UK and European security— I will return to that point later.

Before I move on, I hope that the noble Baroness, Lady Smith, will forgive me for picking her up on a very small point. I am going to sound pedantic but consumer rights and consumer protection are mentioned. The words, “consumer protection”, are featured in the White Paper, at paragraph 8.36.

Baroness Smith of Basildon Portrait Baroness Smith of Basildon
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The point that I was making was that they are not in the list of priorities. They may feature down the list, but consumer protection is not one of the Government’s 12 priorities.

Lord Bridges of Headley Portrait Lord Bridges of Headley
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The rights of consumers are very high in our minds. My noble friend Lord Balfe made an eloquent and passionate speech about the position of UK nationals in EU agencies and about the role of the agencies themselves. I absolutely repeat what I said at Second Reading: the Government would indeed like to thank all those UK nationals for the contribution that they have made and continue to make. I hope that my noble friend will forgive me if I do not go into great depth and detail now on each of the agencies—there are 16 of them. They are important and are referred to in the White Paper. We will be looking for ways in which our relationship with those agencies might continue in some shape or form.

Ireland was mentioned but not discussed in this debate. Obviously, it was debated on Monday. I shall simply repeat that we will stand by the commitments in the Belfast agreement and its successors.

I will turn first to the issue of higher education and our world-class universities, which is the subject of Amendment 29. In the White Paper, a priority is indeed for us to ensure that the UK remains the best place for science and innovation. With regard to student fee support, we of course recognise the significant contribution that EU students make to the UK’s world-class universities and have already made commitments that we will give existing EU students and those due to start courses in 2017-18 certainty with regard to both their student loans and their home fee status. This is not just for the short term but for the duration of their courses. I can also confirm that research councils will continue to fund postgraduate students from the EU whose courses start in 2017-18. It is worth noting in passing that no similar commitment has been made to UK students currently studying in other member states.

A number of noble Lords referred to collaboration and co-operation in higher education. I entirely endorse the importance of this in the years ahead. The noble Lord, Lord Bilimoria, who is not here, spoke about this. I should like to say for the sake of the entire Committee, though, that as regards Horizon 2020 and Erasmus, the Prime Minister has made clear that we will continue an agreement to continue to collaborate with our European partners on major science research and technology initiatives. There may be specific EU programmes that we want to participate in.

With regard to the Bologna process, it is important to underline the fact that this is an intergovernmental agreement among countries in the European region and, as such, it is not tied to EU membership. I can therefore assure noble Lords that UK participation will not be part of our negotiations as it will be unaffected by our departure from the EU.

Next, a number of your Lordships spoke about rights, especially on employment and equalities. In a number of areas, the UK Government have already extended workers’ rights beyond requirements set out in EU law. For example, women in the UK who have had a child can enjoy 52 weeks of statutory maternity leave and 39 weeks of pay, not just the 14 weeks under EU law. That said, and importantly, we have already made—as a number of noble Lords have noted—a clear commitment that there would be no erosion of workers’ rights as a result of the UK leaving the EU and to ensure that those rights keep pace with the changing labour market. The great repeal Bill will make provision for this legislation.

Baroness Drake Portrait Baroness Drake
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The hour is late but this is an important point. I have chapter 7 of the White Paper in front of me. I seek clarity because the words in the document are quite general. Can the Minister give an assurance that each and every existing equality and employment right will be protected, not weakened, whatever the outcome of the Brexit negotiations? Can he give absolute clarity that each and every employment and equality right will be protected and not weakened as a consequence of Brexit?

Lord Bridges of Headley Portrait Lord Bridges of Headley
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I totally understand the noble Baroness’s concern and interest in this issue. I will pick my words carefully. The Government’s position is that, through the great repeal Bill, EU law and regulations will be ported into UK law. I will come on to equalities in a moment. If the noble Baroness feels that that does not address the point, I will be happy to discuss this with her more directly. As I said, the great repeal Bill will make provision for this legislation to continue to stand once the European Communities Act is repealed, so the same protections for workers as are currently in place will remain after we exit the EU.

On equalities, as I said on Monday, the Equality Act already provides a strong framework to ensure that the UK is well placed to continue driving equality forward. I assure your Lordships that all the protections covered in the Equality Act 2006 and the Equality Act 2010 will continue to apply once the UK has left the European Union.

On the issue of violence against women, the Government are committed to tackling domestic violence, modern slavery and human trafficking. The UK already has some of the most robust protections in the world to tackle violence against women. To address one of the points that noble Lords made, after we leave the EU the UK will maintain its place as a prominent international actor. We will continue to work with our European partners and globally to promote women’s rights and work towards ensuring the safety of women everywhere.

I turn now to fishing, which the noble and learned Lord, Lord Wallace, just spoke about. I entirely agree about the importance of the fishing sector and the fishing industry. It is also referred to in the White Paper. It is a matter that my department and other ministerial colleagues across Whitehall are very focused on. I totally heed the points he made about the issues raised. I hope he will forgive me if I do not go into great depth and detail, but there is one point I will focus on, which is the approval mechanism for the negotiations—again, a very valid point.

The Government have made it perfectly clear that we want to come to an agreement that works for the whole of the United Kingdom. We have a created a process to work with the representatives of the devolved Administrations to ensure that their views are taken into account. I certainly commit to write to the noble and learned Lord to set out in more detail what that means, but I need to make clear to him and to the Committee, and to repeat, that no part of the UK has a veto on fishing or anything else.

I turn to another topic of the amendments that is covered in the White Paper—the potential transitional period following negotiations. As noble Lords will know, the White Paper states that we want to reach an agreement with the EU within the two-year Article 50 period. Article 50 states that the process for withdrawal will take account of the framework of the leaving member state’s future relationship with the EU, and there is a clear connection between the terms of our withdrawal and the future relationship we wish to establish.

We do not want to get ahead of the negotiations or set out unilateral positions. How we take the process forward will be a matter for discussion with the European institutions and our European partners. But, given the language in Article 50 and the connection between our withdrawal and our future relationship, it is our intention to seek to deal with both sets of issues together wherever possible—something we believe would clearly be in the interests of the European Union as well as the UK. We believe that both sides would benefit from a phased process of implementation that would allow the United Kingdom and the European Union to adapt to and prepare for any new arrangements. It is in nobody’s interests for there to be any disruption. The implementation arrangements we may rely upon will be a subject for negotiation and their nature will vary considerably depending on the agreement we reach with the EU.

I turn to the common foreign and security policy, picked up in Amendment 44. As I have said before, after we leave the European Union we will remain committed to European security and aim to add value to European Union foreign and security policy. Our objective is to ensure that the European Union’s role in defence and security is complementary to and respects the central role of NATO.

More broadly, although we are leaving the European Union, the UK will continue to be one of the most important global actors in international affairs. Indeed, along with France we are the only EU member state with an independent nuclear deterrent and a permanent seat on the UN Security Council. Again, as with other amendments in this group, our participation in the common foreign and security policy cannot be resolved through unilateral action. Instead, it must be addressed through discussion with the other 27 members.

This topic and all the other issues that have been raised are worthy of debate—I do not dispute that for one moment. Where I differ from noble Lords who have tabled the amendments is on whether they should be in the Bill, the core purpose of which—indeed, the only purpose—is to enable the Government to deliver on the referendum and trigger Article 50. Therefore, with great respect, I ask that the amendments not be pressed.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb
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My Lords, I thank the Minister for his reply. It has been an interesting debate, ranging widely from women’s rights and the protection of minorities to education, medicine, foreign policy and fishing. We understand about the movement of all such protections straight into UK law. At the same time, we also understand that there could be a steady erosion afterwards by various means. That is why we are asking for corroboration that this simply will not happen. We want to be better than we were in the EU, not worse. A noble Lord on the opposite Benches said that this is very complex. When you do something for the first time, it is always much harder than doing it subsequently, so we are bound to make mistakes. One role of this House is to make sure that we raise issues that we feel will cause problems—and it is for the Government to respond appropriately. I beg leave to withdraw the amendment.

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Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town
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Noble Lords will be pleased to know that I, too, am not going to repeat the arguments put so succinctly by the noble Lord, Lord Pannick, nor the wise words of the noble and learned Lord, Lord Hope—although my noble friend Lord Lennie said at one point, “Oh dear, it sounds like a redrafting of Clause 4”. A certain group would understand that.

The agreement that the Government negotiate, or fail to negotiate, has enormous implications for this country. As has been said from the Dispatch Box many times, the referendum gave the UK a final say: that we should leave the European Union. That is the destination. However, it said nothing about the route or the pace of that change. As someone said to me, it is a bit like deciding to jump out of an aeroplane. You know exactly where you are going, but doing it before you have learned how to use the parachute could be troublesome. You could have a hard landing—that was the wrong phrase—if you do not know about the wind, the altitude and particularly the position of the ripcord.

The referendum gave no hints about any of the trade-offs that will come in what I hope will be a harmonious partnership that we will be able to negotiate with the EU 27. The Government will negotiate that, but Parliament must agree it. The agreement will have to go to the Council and the European Parliament; that is written in law in Article 50. It is therefore mandatory in law that the European Parliament will have to give its consent. But there is nothing in law that states that this Parliament must give its consent.

Although assurances have been given and the Prime Minister has said that there will be a vote in both Houses, it is not good enough. That is partly because it is a vote rather than legislation and partly because the same protection that the European Parliament has is not written in statute. That is all we are asking for. There must be equal legislative requirement on the exit deal for this Parliament to cover all eventualities. The debate has been on whether we have just the divorce, the withdrawal, or we have the withdrawal plus the framework, or the withdrawal and even a treaty—I doubt it will be within two years—or whether we get nowhere. Surely, as has been said by my noble friend Lady Kennedy, only this Parliament can decide on that. That is all that we are asking. The drafting can improve.

The most interesting questions were asked by the noble Lords, Lord Deben and Lord Higgins: why do the Government not want to do this? What is troubling them? They are going to have to do it at some time. They can either bring forward another piece of legislation later, which I think was the advice of the noble and learned Lord, Lord Hope, or they will be taken there by a court—but get there we will. That is another part of the destination; there will have to be legislation and this sort of amendment, tweaked if necessary, is one that this House will want to support.

Lord Bridges of Headley Portrait Lord Bridges of Headley
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My Lords, this has been an excellent and interesting debate, and I am slightly wary at this late hour to be inserting myself between the noble and learned Lord, Lord Hope, and the noble Lord, Lord Pannick, who, as I said at Second Reading, is such a worthy adversary.

What everyone, myself included, clearly shares is the sentiment and perfectly legitimate intention to ensure that Parliament is able to hold the Government to account as we leave the European Union. But there is one fact of brutal simplicity that towers above this whole debate. Much though it may bore or irritate some noble Lords, I fear that it is one we cannot and must not ignore. It is simply this: the majority of people voted to leave the EU. I know that a number of your Lordships have argued with great passion that this was the wrong decision, but the decision has been made and we are going to withdraw from the EU.

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Lord Keen of Elie Portrait Lord Keen of Elie
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I thank noble Lords who have contributed to this part of the debate. The lateness of the hour does not reflect the importance of the issues being considered. I recognise the power of feeling in the House with regard to the issues being debated and the amendments that have been proposed, and acknowledge the interest that various Members have in maintaining and promoting each of the constituent parts of the United Kingdom, including London, and the contributions they have made.

As the Prime Minister has said, it is more important than ever that we face the future together, united by what makes us strong: the bonds that unite us. The Government are determined to ensure that the interests of all parts of the United Kingdom are fully taken into account in our negotiations with the European Union. We recognise the importance of engaging closely with the devolved Administrations as we embark upon the forthcoming negotiations with the European Union, and we welcome the input of the Scottish and Welsh Governments and the Northern Ireland Executive. As the Prime Minister has said, consideration of the proposals of the devolved Administrations is an ongoing process. Work will need to be intensified ahead of triggering Article 50 and continued at the same pace thereafter.

We have to remind ourselves that it was a United Kingdom referendum and the United Kingdom that voted to leave the European Union. The legal and constitutional responsibility for the United Kingdom’s relationship with the EU lies with the United Kingdom Government and Parliament. We have been clear that no part of the United Kingdom can have a veto over that process. As the noble Lord, Lord Empey, observed, aspects of these amendments could ultimately constitute an exercise of veto by the legislature in one of the devolved areas.

Lord Wigley Portrait Lord Wigley
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We have heard that there are problems in Northern Ireland and, perhaps, an unwillingness to accept some of the attitudes taken by the Government in Scotland. However, the Government have an agreed White Paper from Wales. Will the Minister—and, perhaps, his colleague the noble Lord, Lord Bridges—undertake to study this very carefully indeed to see whether there is a basis here for policy which is not just acceptable in Wales but may also be relevant in other parts of the United Kingdom as a positive way forward.

Lord Keen of Elie Portrait Lord Keen of Elie
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My Lords, I can absolutely assure the noble Lord that we are taking into consideration not only the White Paper from Wales but the submissions prepared by the Scottish Government. All these matters have been taken into consideration in the context of our negotiating position following the triggering of Article 50. All the proposals outlined in these papers will be the subject of keen scrutiny by the Government. What we are considering today is a Bill to implement the referendum result and respect the judgment of the Supreme Court. We are not engaged in considering a vehicle for determining the terms or shape of the broader negotiations that will follow the triggering of Article 50. As has been said on many occasions, that will be a hugely important milestone for the United Kingdom but it is only a milestone, not a cut-off point. It is not the end of the process—it is merely the beginning.

Since the referendum result there has been regular and ongoing political engagement. I noticed that the Prime Minister’s very first visit following the referendum result was to Edinburgh, quickly followed by Cardiff and Belfast. I remind the House that the principles which underpin relations between the United Kingdom Government and the devolved Administrations are set out in a memorandum of understanding. There is the joint ministerial committee which should operate—I say should—by consensus, because as the noble Lord, Lord Empey, and the noble Earl have observed, it is not always possible to achieve consensus, but these bodies have that aim.

At the plenary session of the joint ministerial committee in October last year, the four Governments agreed to create a Joint Ministerial Committee on EU Negotiations, chaired by the Secretary of State for Exiting the EU. Under that structure, Ministers and officials from the UK Government and the devolved Administrations have engaged closely in the process of considering our exit from the European Union. That committee has been meeting monthly and a wide range of matters has been discussed on each Government’s requirements for the future relationship with the EU, and the future relationship between the devolved Administrations and this Government.

Over the autumn, we also undertook important work with the devolved Administrations to fully appreciate their priorities and interests. In that context we have taken account of the publication that the noble Lord referred to—namely, the White Paper from the devolved Administration in Wales, and the Brexit papers published by the Scottish Government—which was submitted to us for consideration in the context of that process.

Outside the formal processes that I have described, we have also engaged extensively with stakeholders in England, Scotland, Wales and Northern Ireland to try to ensure that the interests of all these areas are reflected in our negotiations with the European Union. Ministers have regularly visited the devolved constituent nations of the United Kingdom on numerous occasions for the purposes of those discussions. They have met with a whole variety of stakeholders from SMEs to multinational companies. We have met with MSPs as well. We have tried to engage right across the areas of interest that will be touched upon by our departure from the EU.

A point that was alluded to by a number of noble Lords was how the devolved Administrations will be engaged in determining where repatriated powers should sit in the future. It is a matter of interest to all of us. We must work carefully to ensure that, as powers are repatriated from Brussels back to Britain, the right powers are returned to the United Kingdom Parliament, and the right powers are returned to the devolved Administrations—whether in Scotland, Wales or Northern Ireland.

This will be a matter for further discussion. The Prime Minister has been clear that no decisions currently taken by the devolved Administrations will be taken from them. That is not the end point, but the starting point for this form of negotiation, and we appreciate and understand the importance of addressing how we deal with the repatriation of the acquis in due course. It is important to have these debates, but it is equally important not to tie the Government’s hands as they approach the forthcoming negotiations. In these circumstances, I invite the noble Baroness to withdraw her amendment.

Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town
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I thank the noble and learned Lord for his response. My only response is to the noble Earl, Lord Kinnoull, where I agree with the noble Baroness, Lady Ludford. The only agreement was about the way to talk and that wording is the JMC’s terms of reference at the moment. The Minister said the Government are trying to engage—I say let us try a little harder. The lack of pre-information, before the White Paper, caused a slight frisson, but maybe that is well behind us. I hope that we are marching forward on slightly firmer ground. On that basis, I beg leave to withdraw the amendment.

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Lord Stoneham of Droxford Portrait Lord Stoneham of Droxford (LD)
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My Lords, very briefly at this late hour, I want to say how grateful we are to the noble Lord, Lord Lea, for raising the list that he has produced for us. On behalf of these Benches, I would say that this emphasises the complexity of what the Government are entering into. We would, of course, like to know exactly how the Government will respond, and I look forward to hearing what the Minister has to say.

Lord Bridges of Headley Portrait Lord Bridges of Headley
- Hansard - - - Excerpts

Good morning, my Lords. I am grateful for the opportunity to speak to this amendment again, as I did on Monday night.

Let me start by saying that these agencies are important and I was not wishing in any shape or form to be derogatory about any agency. The Government dispute the suggestion that we have to wait before triggering Article 50 to publish a report on all these agencies, but I think that the noble Lord made that point in his own words.

The list, as the noble Lord, Lord Lea, pointed out, covers a range of different policy areas: aviation, fisheries, justice and home affairs, banking and customs. Our approach to a lot of these policy areas was, of course, covered in the White Paper. There is a lot of analysis going on.

Lord Berkeley Portrait Lord Berkeley
- Hansard - - - Excerpts

The White Paper has only seven lines addressed to agencies.

Lord Bridges of Headley Portrait Lord Bridges of Headley
- Hansard - - - Excerpts

I entirely concede that point. Forgive me: I have obviously not expressed myself well at this early hour of the morning. What I am saying is that those agencies touch on different areas of policy.

I entirely understand the noble Lord’s wish for greater clarity and his need to scrutinise our proposals. As I have said before at this Dispatch Box, and I will go on saying it, when we can provide further information we will.

Consequent to that, the noble Lord rightly says that industry and the sectors look for more certainty. I am very aware of that. I, too, have had excellent meetings with, for example, the freight industry, with those involved in ports and so on. We are fully aware of that. It is in our interests, it is in their interests and it is in Parliament’s interests to provide as much detail as we can when we can. I am very sorry to say that I am not now going to be committing to do so at a certain juncture or in a certain format, but I can assure the noble Lord that we are analysing all these points and we will keep the House fully up to date.

I have very little further to add to this. Given the range of policy areas that this touches on, I could talk for a long time—but I do not think that noble Lords would want me to—about banking, about the chemicals agency or such things. Now is not the time for me to do that, so I ask the noble Lord to withdraw his amendment.

Lord Lea of Crondall Portrait Lord Lea of Crondall
- Hansard - - - Excerpts

I thank the noble Lord, but I hope that he will reflect on one point. It is not the case that there is legal clarity at the moment about the legal status of some of these bodies and about what is consequential and what is not consequential on our leaving the European Union. That is the de minimis requirement, surely, of HMG in responding to this. There seems to be an extreme reluctance to do what would be normal in any parliamentary Select Committee —just examining the facts on all these bodies, how they are affected and what we are going to do as a model to inform our people in the negotiation.

I am not suggesting that the noble Lord should speak again in the next five seconds, but I conclude by saying that I think there is some work to be done in government with a view to a publication before very long. I beg leave to withdraw the amendment.

European Union (Notification of Withdrawal) Bill

(Limited Text - Ministerial Extracts only)

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Report stage (Hansard): House of Lords
Tuesday 7th March 2017

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European Union (Notification of Withdrawal) Act 2017 Read Hansard Text Amendment Paper: HL Bill 108-I Marshalled list for Report (PDF, 67KB) - (3 Mar 2017)

This text is a record of ministerial contributions to a debate held as part of the European Union (Notification of Withdrawal) Act 2017 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Our priority is Amendment 3, to ensure that Parliament has a meaningful vote and that we maintain parliamentary sovereignty, but also important are other amendments to show that Parliament must be fully engaged in this process and that, as usual, our Members of Parliament are accountable through their constituencies. I cannot support this amendment, and I ask my colleagues not to support it. We will not take part in this vote.
Lord Bridges of Headley Portrait The Parliamentary Under-Secretary of State, Department for Exiting the European Union (Lord Bridges of Headley) (Con)
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My Lords, this has been another good debate. I suspect that it confirms what many of us already know: that there are a number of your Lordships who passionately believe that the people have made a grave mistake by voting to leave the European Union and that there needs to be a referendum at the end of the negotiations. As I said before, I respect their views and I repeat my wish to bring together those on both sides of the argument—leave and remain—as we continue. But the Government are very clear that the amendment before us is misguided both in practice and in principle. Our reasons are very clear and they start with the democratic path that we have followed so far.

On 7 May 2015, the Conservative Government were elected by 11.3 million people, committed to a referendum on the UK’s membership of the European Union and committed to honouring the outcome. On 7 September 2015, 316 members of the other place voted in favour of holding a referendum by a majority of six to one. No condition or caveat was attached to the referendum, as my noble friend Lord Faulks pointed out. Parliament agreed on the question, which was simple: leave or remain? On 23 June 2016, 17.4 million people voted to leave the European Union. On 8 February this year, the other place passed this Bill unamended—a simple Bill to trigger the process of leaving the European Union —by a majority of 372. This is the democratic path that has been followed, a path that will lead this country to leaving the European Union.

Some argue that we need another referendum, on what I consider to be somewhat peculiar and weak arguments. I refer to the wise words of the noble Lord, Lord Lee of Trafford, who said that,

“however it is dressed up, it will be seen as a second referendum. I cannot support that. Our people have already spoken”.—[Official Report, 20/2/17; col. 134.]

How right he is. Listen to Mr Norman Lamb, the Liberal Democrat Member of Parliament for North Norfolk, who said that the second referendum would raise,

“the question as to whether we’d remain in the European Union”.

But it was made abundantly clear that the referendum in June was, to quote the leaflet sent to all households in the UK,

“a once in a generation decision”.

There was nothing on the ballot, and no suggestion from Parliament, that there would have to be another referendum if the UK were to vote to leave. During the campaign, the then Prime Minister said:

“I am absolutely clear a referendum is a referendum, it’s a once in a generation, once in a lifetime opportunity and the result determines the outcome ... You can’t have neverendums, you have referendums”.


The next bogus argument is that people did not know enough to make an informed decision. I do not see that approach and argument as particularly liberal or democratic; I see it as somewhat patronising. It is as if we are saying, “We trust the people, but not quite entirely”. That Government leaflet spelled out the consequences and on many occasions during the campaign those on both sides of the argument made it clear that a vote to leave meant leaving the single market. For example, Mr David Cameron said:

“The British public would be voting, if we Leave, to leave the EU and leave the Single Market”.


Mr George Osborne said:

“We’d be out of the single market, that’s the reality”.


Mr Michael Gove said that we should be, “outside the single market”. The noble Lord, Lord Darling, said:

“Those wanting to leave the EU want to pull Britain out of the single market”.


My noble friend Lord Hill of Oareford said:

“The Leave campaign has … been clear what Leave means: it means leaving the Single Market”.


These politicians were right to point this out, for if we were to remain in the single market it would mean complying with the EU’s rules and regulations without having a vote on what those rules and regulations are. It would mean accepting a role for the European Court of Justice that would still see it having direct legal authority in our country and it would mean not having control of our borders. It would to all intents and purposes mean not leaving the EU at all.

The next peculiar argument is that a second referendum is needed to bring the nation together. Here I agree entirely with what was said by the noble Baroness, Lady Smith. If the argument is that the first referendum divided the nation, a second referendum is hardly likely to unite it—quite the reverse. Rather than bring people together, it would merely encourage divisions to fester.

Let me say a word about the need to come together. The most reverend Primate the Archbishop of Canterbury made a thoughtful and powerful speech. He is right about the need to heal our divisions and to work together to tackle the challenges we face. I would like to put on the record once again my thanks to the Church of England for hosting round tables to do just that. Moreover, others agree that we need to come together by saying:

“If we have to be out then let’s make the best of it”.


Those are the words of the noble Lord, Lord Ashdown, who on the question of a second referendum, said:

“Politicians should stay out of that”,


and the report of the event at which he said this—which I assume to be valid and not some form of fake news—continues as follows. Lord Ashdown,

“did not call for a second referendum on the UK’s membership of the EU saying it would be ‘foolish and wrong’ for Parliament to do that”.

Lord Ashdown of Norton-sub-Hamdon Portrait Lord Ashdown of Norton-sub-Hamdon
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My Lords, let me see if I can make a rather better hash of it this time than I did with the noble Lord, Lord Carlile. Is the Minister embarrassed by the fact that he keeps on answering the question by referring to an issue that is not addressed? We are not saying that there has to be a second referendum on European Union membership. That is done and we accept that the Government have their mandate. What we do not believe the Government have a mandate for is a brutal Brexit that will take us out of the single market. Can he explain why he believes that he does have that mandate, given that it was set out specifically in the Conservative Party manifesto that they would not do this?

Lord Bridges of Headley Portrait Lord Bridges of Headley
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My Lords, the Conservative Party manifesto made it absolutely clear that we would respect the outcome, a position that the noble Lord himself took on the night of the referendum. It is absolutely our intention that the Government will deliver on the results of the referendum. I know that the noble Lord is spending Lent eating his own words, but I am sorry to say that he is wrong on this point.

Then there are the consequences of such a referendum. Would it bring certainty? Will businesses clap their hands with glee at the thought of a referendum some years off, the basis on which it would be held unclear, but the consequences of which could be to throw the entire negotiated settlement up in the air? We know the answer. As I have said, the Institute of Directors have called for:

“A commitment across all major political parties … not to undertake a second referendum on either EU membership or the Brexit deal to reduce uncertainty”.


What would happen, even after all this, if the result of the second referendum is still to leave? As some noble Lords have pointed out, would we once again be subjected to people saying, “Actually, we don’t like this answer. Please try again”? Where does it end? Will we continue to hold the same referendum until we get the result that those who support this amendment prefer?

Lord Liddle Portrait Lord Liddle (Lab)
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If, as the Prime Minister said in her Lancaster House speech, no deal would be better than a bad deal, is the Minister really telling us that in the circumstances of no deal he would absolutely rule out a referendum in the future?

Lord Bridges of Headley Portrait Lord Bridges of Headley
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Yes, my Lords. It is very clear: we are leaving the European Union. That is the pure and simple answer to the noble Lord.

Lord Liddle Portrait Lord Liddle
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My Lords—

Lord Bridges of Headley Portrait Lord Bridges of Headley
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No, I am sorry, my Lords; I am going to finish. I know that we will come back to this. Forgive me but I will not give way. I know that we will have a lot of debate after lunch about the meaningful vote that we will have, and I am sure that the noble Lord will have a chance then to have his say.

The noble Lord, Lord Newby, said on Wednesday that the rejection of a second referendum would be the antithesis of democracy. With respect to the noble Lord, I totally and utterly disagree. The referendum itself was democracy in action. We were also told that,

“a second referendum entails risks for which the price is too high”—[Official Report, 21/2/17; col. 160.]

and that:

“A further vote will prolong the uncertainty and cause uproar in the country, or worse”.—[Official Report, 20/2/17; col. 134.]


Those are the words of the noble Baroness, Lady Falkner of Margravine, and the noble Lord, Lord Lee of Trafford, and I entirely agree with them. Calling a second referendum, as this amendment seeks to do, would undermine the will of the people as expressed in the EU referendum. The people have voted to leave the European Union and leave we will. Therefore, I hope that the noble Lord will withdraw his amendment.

--- Later in debate ---
13:03

Division 1

Ayes: 131


Liberal Democrat: 87
Labour: 22
Crossbench: 14
Independent: 4
Conservative: 1
Plaid Cymru: 1

Noes: 336


Conservative: 219
Crossbench: 87
Labour: 9
Bishops: 7
Independent: 6
Democratic Unionist Party: 2
Ulster Unionist Party: 2
Liberal Democrat: 2
UK Independence Party: 1

--- Later in debate ---
Lord Mackay of Clashfern Portrait Lord Mackay of Clashfern (Con)
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My Lords, I am sure that the Government share the sentiments expressed from the Front Bench opposite—indeed, from both Front Benches opposite. The proposal would be entirely in the interests of the smooth development of policy in this difficult area, which I am sure we all understand is extremely difficult. The more help the Government can get, the better, and I think that they are sufficiently humble to know that.

If there were any slackness on the part of the Government, we would have plenty of means in this Parliament for getting them to respond, but I do not agree with putting that into an Act of Parliament, and the reason for that is simple. If something is put into a general Act of Parliament, the idea is that the courts are the enforcers, but one thing that the courts cannot do, in view of the Bill of Rights, is to interfere in proceedings in Parliament. Therefore, this is useless as a formal amendment, but the spirit of it is first-class. I feel almost certain that my noble and learned friend will be able to accept that, because the Minister in the Commons said just as much in a passage that I may refer to later.

Lord Keen of Elie Portrait The Advocate-General for Scotland (Lord Keen of Elie) (Con)
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My Lords, I am obliged for the contributions that have been made to the debate. This short Bill has already invoked many hours of debate, so I intend to keep my remarks very brief.

I endorse the observations of the noble and learned Lord, Lord Mackay of Clashfern, both as to the appropriateness of this amendment and as to the spirit in which it will be and is being received by the Government. As noble Lords will be aware, the Prime Minister gives a Statement to the other place following European Councils. We know that there will be a Council this month, and indeed quarterly thereafter. That means that a Statement will be made to Parliament at least once every quarter on European issues, and it will be repeated in this House. Of course, that is just the beginning of a much wider process over which this Parliament has control at the end of the day.

DExEU Ministers have responded to more than 600 parliamentary Written Questions, appeared at 13 Select Committees and given six Oral Statements to the House on developments regarding our exit. The Secretary of State has agreed to give evidence to the Exiting the EU Select Committee on 15 March, alongside the Permanent Secretary at DExEU, and will shortly afterwards give evidence to the Lords EU Committee on 22 March.

The Government are committed to parliamentary scrutiny, and Parliament will play a key role in scrutinising and shaping our withdrawal. As my noble friend Lord Bridges observed last week, we have had take-note debates, debates on Select Committee reports, debates in government time and Select Committee appearances. All this will continue in order that Parliament can scrutinise the development of negotiations in so far as is possible to put those in the public domain and in so far as they come into the public domain.

The noble Baroness, Lady Hayter, referred to secrets, and the noble Baroness, Lady Ludford, referred to nasty secrets. This may reflect a difference of approach, but at the end of the day there will not be any secrets. You cannot conduct such a process in secret, ultimately, and then expect Parliament to consider that it is being kept properly informed, as it should be, if you have what are termed secrets. We are committed to keeping Parliament at least as well informed as the European Parliament as negotiations progress.

A Bill to repeal the European Communities Act will follow. There will be primary legislation on issues such as immigration and customs, and a vote at the end with regard to the process on the final deal to exit.

With all that in mind, I will pose a few questions. Is the Prime Minister already bound to give a Statement to Parliament after every quarterly European Council? The answer is yes.

Have the Government been willing to give frequent Statements to Parliament? The answer is yes.

Have DExEU Ministers and other government Ministers appeared in front of Select Committees? The answer is yes.

Have the Government listened to Select Committee reports? The answer is yes; we published a White Paper in February this year.

Do the Government aim to respond to the Select Committee reports about Brexit within two months? The answer is yes.

Have the Government said they will give more information to Parliament, so long as it does not undermine our negotiating position? The answer is yes.

Then there is the core question: what is the present Bill about? The Bill is about giving the Prime Minister the authority to give notice of withdrawal from the European Union.

With great respect to the House and to all noble Lords, let us proceed and pass this Bill. It will not be improved by unnecessary decoration and, as the noble and learned Lord, Lord Mackay of Clashfern, has already observed, it is not appropriate that this amendment should proceed. As I believe all Members of your Lordships’ House who have spoken would acknowledge, it is not necessary that this amendment should proceed in these circumstances. Therefore, I invite the noble Lords to withdraw the amendment.

Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town
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I thank the Minister and other noble Lords who have contributed to this debate. The most helpful exchange—I mean no disrespect to the others—was to hear the noble and learned Lord Mackay support the spirit of the amendment and then the Minister say that he agreed. If I could just bottle that, that will do me nicely.

I want to make only two other points. Although there are of course report-backs after the European Council, the UK will not be there when the European Council discusses our departure. Therefore, it is the other meetings that we are interested in.

My other comment is in response to the noble Lord, Lord Spicer, who said that if we dared to suggest that Parliament rather than the Crown should take the final decision, Mrs May might call an election. I am much older than my noble friend who spoke earlier and not only did I vote in 1975 but I remember the February 1974 election very well. Edward Heath basically called an election on who governs Britain. Mrs May would not be well advised to go to the country on, “Do you want the Government or Parliament to govern Britain?”. However, that is beside the point. I thank the Minister for the tone of his response and, on that basis, beg leave to withdraw the amendment.

European Union (Notification of Withdrawal) Bill

(Limited Text - Ministerial Extracts only)

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Report stage (Hansard - continued): House of Lords
Tuesday 7th March 2017

(7 years ago)

Lords Chamber
European Union (Notification of Withdrawal) Act 2017 Read Hansard Text Amendment Paper: HL Bill 108-I Marshalled list for Report (PDF, 67KB) - (3 Mar 2017)

This text is a record of ministerial contributions to a debate held as part of the European Union (Notification of Withdrawal) Act 2017 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town
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The Commons should certainly accept this amendment, albeit I am happy with the tweak to make certain the supremacy of the Commons. The most important thing is to get this amendment in the Bill so that we are absolutely clear about that.

It is so simple. Whatever the outcome of the negotiations with the EU 27, it is with Parliament, not simply with the Government, that authority lies, deal or no deal. I am afraid I did not follow the Minister’s response on this last week in Committee, questioning what would happen if the EU terminates the talks and refuses to extend the negotiations. He asked: what then? It is pretty simple: the Government come back to Parliament.

Stranger still than that is the briefing coming out of No. 10, with advisers arguing that giving legislators the power to veto the final Brexit deal and send the Premier back to the negotiating table would undermine her and limit the possibility of a good deal and, indeed, might even push the EU into giving a bad Brexit deal, incentivising it, it seems,

“in the hope it stops us leaving”.

That was what Downing Street apparently told the Financial Times, and I always believe the Financial Times.

I again remind the House that it was Mrs May who said that the deal would be put to a vote in both Houses, so all this is real nonsense. The only issue is whether it is an undertaking or in the Bill. All we are doing in this amendment is putting her pledge, which I am sure was absolutely sincerely given—I do not question that—in the Bill. It is hardly starting a revolution. It is certainly not upending the referendum, and any such arguments are in bad faith because we are trying to put the Prime Minister’s undertaking in the Bill. We do not want the Government’s hand to be forced by the courts. We want the vote to be clearly in the Bill, ideally with the Government’s blessing, without even the need for us to divide. They need to provide certainty at this stage so that we are not back having this debate in 18 months’ time. The amendment is about authorising Parliament. It is to put wheels on the outcome of the referendum.

Lord Bridges of Headley Portrait The Parliamentary Under-Secretary of State, Department for Exiting the European Union (Lord Bridges of Headley) (Con)
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My Lords, this debate has shown this House at its very best, and I thank all noble Lords who have spoken. Forty-four, I think, hours of debate on these 137 words show how sprightly your Lordships are.

Before I discuss the amendments, I shall briefly set out three core principles governing our approach to this country’s withdrawal from the European Union. First, the Government are determined to honour and deliver on the result of the referendum: the United Kingdom is going to leave the European Union. Secondly, everything we do will be determined by our national interest, and we shall do nothing to undermine it. Thirdly, parliamentary sovereignty is key. Parliament will have a role in scrutinising the Government throughout the negotiations and in making decisions, a point to which I will return.

Given this, I turn now to the rationale and motives behind the amendments tabled by my noble friend Lord Cormack, the noble Baroness, Lady Hayter, and the noble Lord, Lord Pannick. One basic intent is that the Government should be legally bound to deliver on their commitment to give Parliament a vote on the agreement. That government commitment is crystal clear, and I shall repeat it: the commitment is to bring forward a Motion on the final agreement to be approved by both Houses of Parliament before it is concluded. We expect and intend that this will happen before the European Parliament debates and votes on the final agreement.

The need for my noble friend Lord Cormack’s amendment, and the first three proposed new subsections of the amendment tabled by the noble Baroness, Lady Hayter, and the noble Lord, Lord Pannick, really comes down to a judgment about whether Ministers and the Government can be trusted and to considering the consequences if the Government were not to deliver on this commitment. All I can say is that of course we will honour our promise and Parliament will hold the Government to account for doing so. Let me go further and echo a point very well made by my noble friend Lord Howard: at any point throughout this process, Parliament will be able to express its view. Given this, the other place was happy with this state of affairs. It considered and rejected similar amendments.

Furthermore, Parliament will not be providing scrutiny in the dark. After all, this Government have committed to keeping the UK Parliament at least as well informed as the European Parliament as negotiations progress. The Government will continue to be accountable to Parliament via regular Statements—which I so enjoy—debates and Select Committee appearances. Crucially, Parliament’s role will not just be one of scrutiny. It will make decisions and shape the legislation required to give effect to our withdrawal from the European Union: the great repeal Bill to repeal the ECA and the legislation that will be required for significant policy changes, such as on immigration and customs. With the greatest of respect to my noble friend Lord Cormack and the noble Baroness, Lady Hayter, any amendment that attempts to transcribe the Government’s commitment into legislation is unnecessary. More than being unnecessary, an amendment that sought to put this commitment in the Bill could have unintended consequences and create, as has been said, a lucrative field day for lawyers. I do not want to single out any particular lawyer, but I have one in mind. As the noble Lord, Lord Lisvane, put it so well in Committee,

“regulating parliamentary proceedings by statute ... generally ends in some sort of tears”.—[Official Report, 1/3/17; col. 920.]

Other noble Lords have asked whether someone might argue that we need an Act of Parliament to authorise our exit from the European Union and whether the Bill is sufficient for our withdrawal. The requirements of the Miller judgment are entirely fulfilled by the Bill. The Supreme Court ruled that because withdrawal from the EU involves removing a source of domestic law in the UK, and because of the far-reaching effects of the European Communities Act, the authority of primary legislation is needed before the Government can decide to give notice under Article 50. The Supreme Court did not rule that anything further is required to satisfy our constitutional requirements.

Let me now turn to subsection (4) of the new clause proposed by Amendment 3, which was tabled by the noble Baroness, Lady Hayter. I have to say there is something about Labour and Clause 4, but we will put that to one side. The motive behind this subsection was summarised by the noble Lord, Lord Pannick, in Committee and he repeated it today. He said:

“Parliament should decide whether we leave the EU with no agreement or whether we leave the EU with whatever agreement is being offered to us by the EU that the Government think is unacceptable”.—[Official Report, 1/3/17; col. 907-8.]


As he said, proposed new subsection (4) goes beyond what the Government have committed to in the other place and there are several problems with it. The first concerns the Government’s role as negotiator and one of my first principles, which is protecting our national interest. When considering this amendment, we must ask ourselves whether it will strengthen or weaken the Government’s hand at the negotiating table. Remember the wise words of this House’s Select Committee:

“The Government will conduct the negotiations on behalf of the United Kingdom, and, like any negotiator, it will need room to manoeuvre if it is to secure a good outcome”.


Let us not forget the Motion passed by the other place that nothing should be done to undermine the negotiating position of the Government. This proposed new subsection in this amendment would do just that—

Lord Bridges of Headley Portrait Lord Bridges of Headley
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Let me continue please. Denying the Prime Minister the ability to walk away from the negotiating table, as proposed new subsection (4) would do, would only incentivise the European Union to offer us a bad deal. The European Union is bound to see that there are a number of people in Parliament who think that any deal is better than no deal. We heard some noble Lords argue just now that to go to WTO terms would be bad for Britain. Therefore, this amendment simply makes the negotiations much harder from day one for the Prime Minister, since it increases the incentive for the European Union to offer nothing but a bad deal.

Some have argued that the proposed clause would strengthen the Government’s hand. They say that this is like a CEO saying, “My board will not agree to that deal”. However, this analogy is not correct in this case. Most boards would say, “We want to do a deal, but not at any price”. In this case, a number of parliamentarians are saying, “Any deal is better than no deal”. This approach would therefore weaken the Government’s position.

However, that is not the only problem with this amendment. The amendment is clear—

Lord Bridges of Headley Portrait Lord Bridges of Headley
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Forgive me. The amendment is clear on one thing, and one thing only: namely, that if Parliament agrees with the Prime Minister that no deal is better than the terms on offer, the United Kingdom will leave the European Union without a deal. However, it is unclear—totally unclear—what happens if the House says no to walking away. As the noble and learned Lord, Lord Phillips of Worth Matravers, and my noble friend Lord Forsyth asked, what path must the Prime Minister then take? Is she to accept the terms on offer? Is she being told to secure a better deal—and, if so, what would happen if that cannot be achieved before the end of the two-year period? Alternatively, in the silence of the amendment on this matter, is she to find a means to remain a member of the European Union?

We do not know the answer to any of these questions. My noble friend Lord Forsyth was entirely right to highlight this omission. The Government cannot possibly accept an amendment that is so unclear on an issue of this importance: what the Prime Minister is to do if Parliament votes against leaving with no agreement.

With regard to that risk, let us remember the first principle that I stated: the Government are intent on delivering on the result of the referendum as a matter of firm policy. I almost turn to the noble Lord, Lord Kerr, to repeat the words after me. As a matter of firm policy, a notification under Article 50 will not be revoked. Therefore, for the Government, any question of whether notification under Article 50 is legally reversible is irrelevant. The parliamentary vote that we have promised will be very meaningful: we will leave with a deal or we will leave without a deal. That is the choice on offer. However, the choice offered by this amendment by proposed subsection (4), is unclear.

I will end by repeating the first line of the White Paper:

“We do not approach these negotiations expecting failure, but anticipating success”.


Our clear intent, as I said, is to negotiate a new partnership with the European Union that will enable us and Europe to continue to trade freely together and to co-operate and collaborate where it is in our interests. Parliament will decide on whether to accept or reject the agreement. The purpose of this simple Bill is to deliver on the result of the referendum and to leave the EU. These amendments are unnecessary. They are damaging to our national interest, they would create uncertainty and they may be used by some to block the wish of the British people to leave the European Union. For these reasons, I hope that the noble Lord will withdraw his amendment.

--- Later in debate ---
18:16

Division 2

Ayes: 366


Labour: 157
Liberal Democrat: 93
Crossbench: 84
Independent: 11
Conservative: 11
Bishops: 2
Green Party: 1
Plaid Cymru: 1

Noes: 268


Conservative: 208
Crossbench: 38
Bishops: 7
Independent: 6
Democratic Unionist Party: 3
Ulster Unionist Party: 2
UK Independence Party: 2

--- Later in debate ---
Lord McAvoy Portrait Lord McAvoy (Lab)
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My Lords, I thank my noble friends Lord Hain and Lord Murphy of Torfaen for tabling the amendment, which gives us a chance further to emphasise the importance we place on the issue it deals with. It has been for the most part an extremely positive debate. Contributions from my noble friends Lord Murphy of Torfaen, Lord Reid of Cardowan and Lord Hain, as former Secretaries of State for Northern Ireland, have weighed heavily on the discussion, as well as the contributions of the noble and right reverend Lord, Lord Eames, the most reverend Primate the Archbishop of York, the noble Baroness, Lady O’Neill of Bengarve, and the noble Lord, Lord Empey, who brought a commendable spirit of tolerance into what can be on occasions a tight subject.

It has been almost 20 years since the people of Northern Ireland turned out to vote for the Good Friday/Belfast agreement. Last week, Northern Irish voters turned out in the highest numbers since 1998 to vote for representation and progress in the devolved Assembly. The negotiations in the coming days and weeks are vital to the future of Northern Ireland to ensure that victims are supported and communities are able to move forward. There is so much at stake here.

The UK and Irish Governments are co-guarantors of the Good Friday/Belfast agreement and must live up to this responsibility. This is vital, not only to immediate negotiations on devolution but, focusing on the amendment, to long-term Brexit negotiations. On the issue of British-Irish relations and the role of the European Union, it is worth noting that the Prime Minister and Taoiseach are meeting to discuss Northern Ireland while they are together at the EU Council summit in Brussels this week. That can only be a positive development.

There is a body of opinion that, when he decided to call the European Union referendum, the former Prime Minister, Mr Cameron, had not given proper thought to the implications for Northern Ireland if UK voters opted to leave. I pay tribute to all noble Lords who have worked so keenly during the passage of the Bill to focus the Government’s mind on these key issues, particularly my noble friend Lord Murphy of Torfaen, who has brought considerable expertise to these discussions. The Good Friday agreement has been the cornerstone of two decades of progress in Northern Ireland. This House has asked for an absolute guarantee from the Government that the provisions of the agreement will remain in place and be respected in both letter and spirit. These questions were also raised last week when other matters were discussed. We had no hesitation in fully accepting the Minister’s assurances when he responded to the debate. He went a long way toward guaranteeing the House’s acceptance that those assurances would hold. I have every confidence that he will again give assurances on the responsibilities of the UK Government that will satisfy most genuine, open-minded people.

The passport arrangements recognise,

“the birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish or British, or both”.

Like the noble Lord, Lord Empey, I have not heard any great objection to this. As he said, how can anyone object to someone else’s identity? Surely we accept that. We know that the Government accept this situation and it should not be affected by any future change in the status of Northern Ireland. We in this House have a shared duty to guarantee the future of the Good Friday/Belfast agreement and the rights of Northern Irish citizens. As noble Lords on all sides have said, we must respect the will of the people and, in doing so, we must continue to respect, protect and uphold the result of the referendum which took place in May 1998.

I thank noble Lords for a very positive discussion and restate my belief that the Minister will repeat his assurances of last week, which greatly reassured the whole House.

Lord Dunlop Portrait The Parliamentary Under-Secretary of State, Northern Ireland Office and Scotland Office (Lord Dunlop) (Con)
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I thank all noble Lords who have taken part in the debate on this amendment, relating to the right of the people of Northern Ireland to identify themselves as British or Irish or both, under the Belfast agreement. It is always a pleasure to follow two former Secretaries of State who have so much experience of this issue. I also mention the eloquent contributions from, among others, the noble and right reverend Lord, Lord Eames, and the most reverend Primate the Archbishop of York.

The noble Lord, Lord Hain, referred to the current political context. The whole House is very conscious of the political situation in Northern Ireland and the need to provide support to the parties there. The recent Assembly election produced a high turnout, and my right honourable friend the Northern Ireland Secretary said in a statement on Saturday:

“This election has demonstrated the clear desire by the overwhelming majority of people in Northern Ireland for inclusive, devolved Government … Everyone now has a shared responsibility to engage intensively in the short period of time that is available to us, to ensure that a strong and stable administration is established”.


I make it absolutely clear that the Government take that responsibility very seriously and are totally committed to the resumption of strong and stable devolved government, which is so much in the interests of the people of Northern Ireland. We all want to see the forward momentum of the peace process maintained.

The amendment in the name of the noble Lord, Lord Hain, seeks an undertaking to support the right of the people of Northern Ireland to claim Irish citizenship, as set out in the Belfast agreement. The Government’s commitment to the Belfast agreement is absolutely rock-solid, including to the principles that recognise the birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish or British, or both, as they so choose, and their right to hold both British and Irish citizenship. As the noble Baroness, Lady O’Neill, and the noble Lord, Lord Empey, made clear, this birthright predates the Belfast agreement. The United Kingdom’s departure from the EU will not change this commitment. However, the question of who can or cannot claim Irish nationality and citizenship is not something that would be dealt with through the Article 50 process.

Citizenship and nationality are matters of exclusive member state competence. The right to Irish nationality and citizenship is therefore a matter for Ireland, in line with its own commitments under the Belfast agreement. The Taoiseach has repeatedly made clear that the Irish Government remain committed to this agreement. In response to the point made by the noble Lord, Lord Hain, and the noble Baroness, Lady Suttie, EU citizenship is enjoyed by the citizens of all EU members. Therefore, any Northern Ireland resident who takes Irish citizenship will have EU citizenship. This is a matter of EU law, so no guarantees are required from the UK. It does not require special status. There are, after all, 3 million EU citizens currently in the UK. The noble Lord, Lord Reid, and the noble and right reverend Lord, Lord Eames, raised the issue of the border. The Government are committed to a frictionless border. How that is achieved is a matter for negotiation.

In conclusion, although the Government agree with the core sentiment behind this amendment—namely, unwavering support for the Belfast agreement—there is no need for its inclusion in the Bill in order to achieve the effect the noble Lords are seeking. Therefore, I respectfully ask the noble Lord not to press his amendment, as he indicated he would not.

Lord Hain Portrait Lord Hain
- Hansard - - - Excerpts

My Lords, I am grateful to the Minister and will respond briefly to him in a moment. However, the happy consensus which we have enjoyed this evening will be destroyed over the weekend when Wales play Ireland—at least in the case of my noble friend Lord Murphy and me.

My noble and right reverend friend Lord Eames spoke, as always, with moving eloquence. I am grateful for his generosity to me and to my noble friends Lord Reid and Lord Murphy. He said, very aptly, that Northern Ireland was affected by Brexit more than any other part of the UK. Scotland may be making the most noise but he is right that Northern Ireland, potentially, will be more seriously affected.

The noble Viscount, Lord Slim, referred to my mention of soldiers being prosecuted. To ensure that he understands my point of view, which is shared by my noble friends Lord Reid and Lord Murphy, we did indeed try to draw a line under the past. I introduced the Northern Ireland Offences Bill, which fell because its principle was that it applied to everybody. You had to treat people equally, whether they were a British soldier or a former paramilitary: that principle is vital. I can well understand why the families of soldiers who are now in their 70s and are being prosecuted for offences that they are said to have committed have a grievance that this may be one-sided.

You have to do these things even-handedly—and I return to what my noble and right reverend friend Lord Eames said. I do not wish to detain the House because it is not strictly appropriate to this amendment, but it is part of the context. You have to deal with this whole question in an entirely different way from pursuing continuous prosecutions going back 30, 40 and more years. Forensic evidence in those cases is either non-existent or, if there is forensic and other evidence, it is often more easily captured under former serving soldiers, where records were kept, than it is under former paramilitaries. So long as the parties turn their backs on an even-handed approach and so long as government is unable to pursue that matter, we will continue to have these grievances and they will multiply.

My noble and right reverend friend Lord Eames was the co-author, with Denis Bradley, of a very authoritative and excellent report on the past. There was one particular recommendation on compensation which perhaps was not ideal and attracted a lot of controversy. However, the rest of the report showed how it was possible to address this issue. The people of Northern Ireland and their politicians should return to it.

European Union (Notification of Withdrawal) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
3rd reading (Hansard): House of Lords
Tuesday 7th March 2017

(7 years ago)

Lords Chamber
European Union (Notification of Withdrawal) Act 2017 Read Hansard Text Amendment Paper: HL Bill 108-I Marshalled list for Report (PDF, 67KB) - (3 Mar 2017)

This text is a record of ministerial contributions to a debate held as part of the European Union (Notification of Withdrawal) Act 2017 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Baroness Evans of Bowes Park Portrait The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)
- Hansard - - - Excerpts

My Lords, I have it in my command from Her Majesty the Queen to acquaint the House that Her Majesty, having been informed of the purport of the European Union (Notification of Withdrawal) Bill, has consented to place her prerogative, so far as it is affected by the Bill, at the disposal of Parliament for the purposes of the Bill.

Motion

Moved by
Lord Bridges of Headley Portrait Lord Bridges of Headley
- Hansard - - - Excerpts

That the Bill do now pass.

Lord Bridges of Headley Portrait The Parliamentary Under-Secretary of State, Department for Exiting the European Union (Lord Bridges of Headley) (Con)
- Hansard - - - Excerpts

My Lords, sometimes statistics say more than words. Here is a simple fact. We have spent 44 or so hours debating a Bill that started off as 137 words. That works out at about 20 minutes per word, but that amount of time and scrutiny is hardly surprising, given the importance of the issues that swirl around those words. In the debate, we have seen the very best of what this House is here to do. As I said at Second Reading a fortnight ago—although I have to say that it feels a lot longer than that—scrutinising legislation is not an unpatriotic act. Whatever our differences, we all share a basic wish: to see our country prosper in future. Everything that has been said has been motivated by that basic wish.

I am sure that the House will be grateful that I shall not name everyone who has spoken, as that in itself might take some time, but I thank each and every one of your Lordships who has spoken, even where we have disagreed, and I apologise if I deprived anyone of the chance to speak, although I have a sneaking suspicion that we will meet again very soon, and on numerous occasions after that. For we are, as I have said before, just approaching base camp in terms of the parliamentary process of our withdrawal from the European Union. So while I thank my excellent Bill team and my noble friends Lady Goldie and Lord Dunlop, and my noble and learned friend Lord Keen, for all their help in getting me this far, I add only: please keep going.

I am of course obliged to the noble Baronesses, Lady Hayter and Lady Ludford, for their diligence in sitting on the Front Bench through the long hours of these debates. I must admit that the noble Baroness, Lady Hayter, somewhat set back my efforts to build a national consensus on our withdrawal from the EU when she mentioned my youngest daughter in her Second Reading speech, but failed to mention my twins. As you can imagine, this caused some consternation at the Bridges breakfast table the next morning. My twins expressed loud demands for a meaningful mention. They wanted reciprocity now, not at some unknown point in future. They were not prepared to take it or leave it: Bridges means Bridges, I was told. I am very grateful that she has since addressed this imbalance.

The Bill simply seeks to honour the commitment that the Government gave to respect the outcome of the referendum held on 23 June last year. During the course of our debates on this issue, a number of noble Lords have questioned the formulation of the Bill or sought to expand it beyond its straightforward aim. While I have disagreed with them on a number of occasions, the one point on which I thought we had all agreed was that we must respect the outcome of the referendum and that neither the Labour Party nor the Liberal Democrats would block the Bill. I know that the noble Lord, Lord Newby, is indeed a very honourable man, so I look forward with great interest to hearing why he has tabled the amendment to the Motion, which appears to contradict everything he has said, and why his party will now block the UK’s exit from the European Union. I beg to move.

Amendment to the Motion

Moved by
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Baroness Smith of Basildon Portrait Baroness Smith of Basildon
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My Lords, I do not think that I have ever been accused of not having vigour. Yes, I agree with my noble friend that the response from the party opposite—not from all noble Lords, I have to say, but from those who particularly want to pursue a hard Brexit—is disappointing. However, not for one moment will I or my colleagues on this side of the House give up trying to get the best deal that we possibly can for the people of this country. Yes, I am very disappointed that before we had even finished voting some Ministers rushed out to tell the cameras, “We’re going to hold back—we’re not going to support this”. We need a responsible, grown-up response—a mature response—and just saying that we are going head-on for a hard Brexit does not do it. But there is a role for this House; when we pass amendments, we do not just put them in the bag and give up—we send them to the other end. I have no hesitation in saying that we should reject this Motion because our responsibility, as my noble friend agrees, is to ensure that the work that we have put into the amendments, the debates that we have had on them and the issues we have raised on them are considered by the other place.

Lord Bridges of Headley Portrait Lord Bridges of Headley
- Hansard - - - Excerpts

My Lords, to echo the noble Baroness’s remarks, I very much hope that as a House and as a nation we can put the divisions of the referendum behind us, accept the result and turn our minds to how we can together overcome the challenges that we face as a nation. As I said at Second Reading, I voted remain, so I certainly do not dismiss concerns lightly or complacently. However, I genuinely believe that this House must respect the will of the British people and deliver on their wish to leave the European Union.

With that in mind, I am more than a little disappointed by the approach of the Liberal Democrats. It is one thing to vote for an amendment to this Bill, quite another to try and block it entirely. What of the majority of MPs who voted to give the country a referendum? What of the 17.4 million people who voted to leave the European Union? What of the majority of MPs who voted to pass this Bill without amendment? I find it pretty strange that a party that has “Democrat” in its name votes against delivering the will of the people. However the Liberal Democrats dress this amendment up, it would stop the Bill from passing, which means we cannot start the process of negotiating. I find the logic very difficult to grasp. The noble Lord seems to be saying, “Because we are not going to have a second referendum, we should not respect the views which the people expressed in the first”.

The noble Lord made commitments to this House and the nation on 20 February. He said that:

“No significant body of opinion in this House is seeking to prevent the passage of the Bill, but there is a world of difference between blocking the Bill and seeking to amend it”.—[Official Report, 20/2/17; col. 20.]


He went on to say that no one is suggesting they want to stop the Bill, and that they are not saying they want to block the Bill. Furthermore, just this morning, the leader of the Liberal Democrats said on the BBC:

“But, in the end, the majority of people voted to leave the European Union. It would be quite wrong for the Lords, the Commons or the courts to try and frustrate the will of the people. I am against that”.


I therefore find this baffling. I could go on and recite all the steps that Parliament and the Government will take to ensure that Parliament does not merely scrutinise the process of our leaving the European Union but takes major decisions. I have done so several times, but to do so misses a much bigger point on this amendment.

There are two very simple issues here. First is the integrity of a party whose Leader in this House says it will not block this Bill, then tries to do so. Second is the belief in democracy which the party claims to champion. If the noble Lord presses the amendment it will, sadly, show that the Liberal Democrats are willing to do anything to give the kiss of life to their political fortunes. I very much hope that this is not the case and that the Bill will go to the other place without further delay.

Lord Newby Portrait Lord Newby
- Hansard - - - Excerpts

My Lords, the idea that by speaking and voting, as we will now do, we will block this Bill is, of course, fantasy. It has been abundantly clear that the Opposition in your Lordships’ House will vote for the Bill, as will the Government. I simply repeat—

--- Later in debate ---
21:25

Division 3

Ayes: 95


Liberal Democrat: 83
Crossbench: 3
Labour: 3
Independent: 3
Plaid Cymru: 1

Noes: 340


Conservative: 205
Labour: 65
Crossbench: 49
Independent: 8
Bishops: 5
Democratic Unionist Party: 2
Ulster Unionist Party: 2
Liberal Democrat: 2

European Union (Notification of Withdrawal) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate

This text is a record of ministerial contributions to a debate held as part of the European Union (Notification of Withdrawal) Act 2017 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Moved by
Lord Bridges of Headley Portrait Lord Bridges of Headley
- Hansard - - - Excerpts

That this House do not insist on its Amendment 1, to which the Commons have disagreed for their Reason 1A.

Commons Reason

1A: Because it is not a matter that needs to be dealt with in the Bill.
Lord Bridges of Headley Portrait The Parliamentary Under-Secretary of State, Department for Exiting the European Union (Lord Bridges of Headley) (Con)
- Hansard - - - Excerpts

My Lords, now we are past the 70th hour of parliamentary debate on these 170 words, I begin by saying this. The United Kingdom’s withdrawal from the European Union is obviously one of the most momentous steps that our nation will take in our lifetimes. I believe that significant opportunities lie before us but, as someone who voted to remain, I am not deaf to people’s concerns and I do not dismiss them as somehow portraying a lack of patriotism. However, that decision to leave the European Union has been made, and this very simple Bill delivers on that decision.

The debate has been one of conviction and passion, and displayed some of the very best qualities of your Lordships’ House but, despite my best efforts to convince your Lordships otherwise, this little Bill was amended twice. We all agree that this House is perfectly entitled to ask the other place to think again. The other place has now done that and debated this again. Once again, it has decided to pass the Bill without amendment.

The issue at stake in the amendment is very simple. We all agree that we want to give certainty to those EU nationals who made the United Kingdom their home and to those UK nationals who live in the EU. The disagreement is over how we do that. The Government’s position has been clear from June. We have always said that we want to secure the status of EU citizens here in the UK, as long as we get a similar guarantee for UK citizens in the EU. We believe that this approach is fair, and reflects the duty of care that we have as a Government to the 900,000 UK citizens in the EU.

We need an agreement on this issue quickly, and we have tried to get one. However, a number of EU member states are not willing to discuss it until we have begun formal negotiations. That is why my right honourable friend the Secretary of State confirmed over the weekend that we intend this issue to be one of the first that is dealt with. That is why we want to pass this Bill as soon as possible, so we can start negotiating and set about reaching that agreement.

Given that the other place has done as we asked and thought again, and decided to reject the amendment by a majority of 48, I argue with respect that this evening is not the time nor the place to return to the fray and insert terms and conditions to our negotiating position, still less to force the Government to make a unilateral move on the status of EU nationals in the UK.

The Bill has only one purpose: to implement the outcome of the referendum result in June and respect the judgment of the Supreme Court, nothing more, nothing less. I urge the House to pass the Bill unamended, and I beg to move.

Motion A1 (as an amendment to Motion A)

Lord Oates Portrait Lord Oates
- Hansard - - - Excerpts

Moved by

Leave out from “House” to end and insert “do insist on its Amendment 1”.

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Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town
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I will take no lessons from the Liberal Democrats, who confessed to me outside the Chamber that this appeals to their core vote and they are piling on members because of it. So we are here to move a Motion to help them gain members. That may be suitable for them but it is not taking this House as a legislative body seriously. More than that, they are falsely raising people’s hopes, when they know that this Government in the Commons, despite my best endeavours and wants, will not change their mind. They should think hard about what they are doing to those people whose expectations they are raising, which will not be fulfilled.

I worry that they are also making a bit of a mockery of the House if they think that we will vote on this, as we did last week, in the safe knowledge that others will vote the other way and it will not be carried. I also wonder what it does to the decision that we took. The Lords majority of 102 is bound to shrink. As we have heard already, we know that the House does not have the appetite to send this matter back given the majority in the Commons, which was higher than before. Instead of our being able to go out from this on the high level of saying, “By 102, we think that the Government are wrong”, we would have either a lower vote or a lower vote an hour later if it ping-ponged. By the way, I say to the noble and learned Lord, Lord Brown, that the way I play ping-pong I never get it back even once. Instead of saying that we ended up with a majority of 102 on the side of those EU nationals here, we will have a lower vote either now or later on.

On behalf not so much of this side of the Chamber as of the 3 million people who are looking to us for some help, the Government’s position is a matter or enormous regret to me. I do not think that it is correct; I do not think that it is moral or ethical; I do not even think that it is clever negotiations. However, we accept the view of the elected House. We will not rest after tonight. We will be back, urging the Government to allay the fears of people caught in this limbo.

Lord Bridges of Headley Portrait Lord Bridges of Headley
- Hansard - - - Excerpts

My Lords, I thank those who have contributed to this short debate. Once again, many of your Lordships have spoken with great passion. After so many hours of debate, I fear that there is very little that I can say without repeating myself and travelling over well-worn ground, so I will be quick and brief.

I reiterate the point that the Government’s position on this issue is very clear: we want to secure the status of EU citizens in the UK, just so long as we can do so while guaranteeing the position of UK citizens to whom we have a responsibility across the European Union. We cannot and should not seek to do one without the other. All 4 million people matter.

As to assurances given to EU nationals here today, let me repeat what I said previously: nothing changes in their status until we have left the EU. Nothing can change without the approval of Parliament, and the Government will continue to respect their obligations under the ECHR. This position is held by the Government and now by the other place. I remind your Lordships of what our European partners are saying. Many of them have made it clear that they, too, want a speedy agreement, but once we have started the negotiations. Indeed, the Polish Prime Minister has said:

“Of course, these guarantees would need to be reciprocal. It is also important what guarantees the British citizens living and working in other member states of the European Union will have”.


We need an agreement on this issue as soon as possible and I believe that we are in a good position to do just that. Just last Friday, Guy Verhofstadt, the lead negotiator for the European Parliament, told the BBC that the issue of EU citizens’ rights post exit should be addressed,

“before we talk about anything else”.

On the matters raised by the noble Lords, Lord Davies and Lord Campbell-Savours, I want to highlight the words of my right honourable friend the Secretary of State, who said on this subject earlier today in the other place that the Government would aim to get all member states, the Commission and the Council in an exchange of letters to explain what the rights of EU citizens are and will be once the UK has left the EU and once an agreement has been reached in negotiations. As regards the process of ratification of such an agreement, this is a matter for negotiation, but it is the Government’s intention to have this agreement concluded by the end of the two years.

Our commitment to seeking an agreement is clear, but the Government will not be able to set about securing this reciprocal guarantee until we have passed this Bill and triggered Article 50. I urge your Lordships to let this Bill go through unamended and not to prolong its passing, so that the Prime Minister can trigger Article 50 and seek the certainty that we all want to offer both European and UK citizens.

--- Later in debate ---
21:06

Division 4

Ayes: 135


Liberal Democrat: 86
Labour: 25
Crossbench: 17
Independent: 4
Green Party: 1
Plaid Cymru: 1

Noes: 274


Conservative: 216
Crossbench: 40
Independent: 6
Democratic Unionist Party: 3
Bishops: 2
UK Independence Party: 2
Ulster Unionist Party: 1
Labour: 1

--- Later in debate ---
Moved by
Lord Bridges of Headley Portrait Lord Bridges of Headley
- Hansard - - - Excerpts

That this House do not insist on its Amendment 2, to which the Commons have disagreed for their Reason 2A.

Commons Reason

2A: Because it is not a matter that needs to be dealt with in the Bill.
Lord Bridges of Headley Portrait Lord Bridges of Headley
- Hansard - - - Excerpts

My Lords, last week I set out the three core principles governing the UK’s approach to leaving the European Union, namely: that the Government are determined to honour the result of the referendum; that everything we do will be determined by our national interest; and that parliamentary sovereignty is key. This last principle was reflected in the Government’s commitment to give Parliament a vote on the final agreement. This House believed that this commitment ought to be enshrined in legislation, and your Lordships sought to go further by giving Parliament the power to say whether the Prime Minister can terminate negotiations with the European Union.

The issue of parliamentary approval had been debated by the other place before the Bill came to this House. It disagreed with amending the Bill then and, having considered this specific amendment, it has now disagreed again by a majority of 45. In essence, and to keep it very short, the Government’s position has not changed. This amendment is unnecessary. It would create untold uncertainty and would undermine our negotiating position. This is why the other place considered this issue again—

Lord Bridges of Headley Portrait Lord Bridges of Headley
- Hansard - - - Excerpts

Let me just finish this, and then the noble Lord will able to speak. I am sure that once I have sat down he will be able to speak. This is why the other place considered the issue again and rejected this amendment.

Lord Ashdown of Norton-sub-Hamdon Portrait Lord Ashdown of Norton-sub-Hamdon
- Hansard - - - Excerpts

Before the Minister sits down, will he accept an intervention?

Lord Bridges of Headley Portrait Lord Bridges of Headley
- Hansard - - - Excerpts

I will take one intervention from the noble Lord.

Lord Ashdown of Norton-sub-Hamdon Portrait Lord Ashdown of Norton-sub-Hamdon
- Hansard - - - Excerpts

I am most grateful to the Minister for taking an intervention—enfin. I am genuinely puzzled. If it is the case that John Major could seek parliamentary approval for the Maastricht Bill twice without weakening his bargaining position, how is it that this Government cannot allow Parliament to have a say once without weakening theirs?

Lord Bridges of Headley Portrait Lord Bridges of Headley
- Hansard - - - Excerpts

I am sorry to say to the noble Lord that I am genuinely puzzled by his position. He went on national television and said that he would obey the decision of the British people and now he is trying to get away from those comments. That is what I think will baffle many people. We have made the Government’s position very clear: when an agreement has been reached, we will give this House and the other place the chance to vote on it. That is the Government’s position. I urge noble Lords not to insist on the amendment and I beg to move Motion B.

Motion B1 (as an amendment to Motion B)

Moved by
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Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town (Lab)
- Hansard - - - Excerpts

My Lords, I was never someone who enjoyed saying, “I told you so”, because I rather expect my advice to be heeded. Never was this more the case than last week, with the highest ever vote in the House of Lords. Of the 634 Peers who voted, 366 advised that the promised vote on the outcome of the negotiations should be inscribed in law. That would make it very clear to the Government—but also to the EU Commission and Council as well as to the European Parliament—that this Parliament is a player in the process of how we extract ourselves from the EU. As my noble friend Lady Symons has said, without our change, the European Parliament, which has UK Members in it, has the right in law to consent to the deal but this Parliament has no such guaranteed right. Our amendment last week gave legal certainty to the promised vote and the legislative authority for the withdrawal agreement, something which the Government may well have to do another way if not in this Bill. There is currently no legislative way of authorising the withdrawal deal ahead of a treaty.

There are challenges ahead. Withdrawal is not simply about the divorce or even just about the potential shape of new trade deals with the EU 27. It will be about forging a new partnership, or concordat, which will cover so much more than trade, vital though that is. We will need a vision of how we should work together after exit, not just on the hard subjects such as security, terrorism and that, but on the whole swathe of our approach to the economy. We will need to negotiate with the EU in a way that shows our openness and willingness to retain our strong bonds, because that will influence our future relationship with the EU as a bloc and with the 27 members individually. It is for this reason that it is important to recognise Parliament’s role in the process, because we will be part of those negotiations with the EU and the 27 countries. We will be working across Europe with all our contacts—in business, trade unions and consumer groups—to help get the best deal for this country. Parliament should be a part of that.

In so far as we heed the polls, they indicate that by 2:1 people are in favour of Parliament having a meaningful vote at the end of the negotiations. This House spoke very clearly last week. Therefore, I deeply regret that the Government and the Commons did not hear our plea. However, as the noble Lord, Lord Pannick, said, their view will not change. We will not make a pointless gesture. I believe that the noble Baroness, Lady Ludford, is now tweeting that that is shabby of us. However, that is our view. We have heard, regrettably, that the Commons did not heed the overwhelming vote in this House. However, we will hold the Government to their promise of a vote before that in the European Parliament and will work to devise a parliamentary route to establish that more firmly, not least because having the support of Parliament during the negotiations would be a source of strength rather than a weakness. The Government have made the wrong call on this amendment, but we will seek to rectify that another way.

Lord Bridges of Headley Portrait Lord Bridges of Headley
- Hansard - - - Excerpts

My Lords, we spent considerable time debating this issue in Committee, on Report and again today. I fear that once again there is little I can add to this fulsome debate, especially as I am very much aware that my last attempt to convince the House of the merits of my case did not result in an unalloyed success.

As the noble Lord, Lord Pannick, said, we had the largest vote on record in this House, with a turnout of 634 Members. The fact that 366 of your Lordships did not accept my arguments was, I hope, as they say in Sicily, “Nothing personal, just business”. However, my right honourable friend the Secretary of State did a bit better this afternoon. As has been remarked, the other place rejected this amendment by a majority of 45.

I will briefly remind your Lordships of the Government’s case. First, as I have said, this is a simple and straightforward Bill designed to implement the referendum result and respect the Supreme Court’s judgment. It is the culmination of a long, democratic process started by the people at the last election, endorsed by this House in an Act of Parliament and then voted for by the people at the referendum itself. Parliament will continue to play its part through the scrutiny and passing of future legislation, through questions and debates and, most important of all, through a vote on the final agreement. Therefore, despite what the noble Lord, Lord Taverne, said, we are not abandoning parliamentary sovereignty. Our commitment to a vote in both Houses, which we fully expect and intend will take place before the European Parliament votes on any deal, is an absolute commitment and will be honoured.

Furthermore, as my right honourable friend the Secretary of State for Exiting the European Union said this afternoon in the other place,

“of course, Parliament can, if it wishes, have a vote and debate on any issue. That is a matter for Parliament. It is not for a Minister to try to constrain that”.—[Official Report, Commons, 13/3/17; col. 42]

Therefore, as I have said on a number of occasions, proposed new subsections (1) to (3) are unnecessary. However, as I said before, this amendment goes further. It seeks to make it impossible for the Prime Minister to walk away without a vote in Parliament. Article 50 does not give the European Parliament that power. The European Commission would not have to go to the European Parliament if it wanted to walk away from the negotiations. So it is incorrect to say that the amendment would simply put on the face of the Bill the same power as that given to the European Parliament.

Also, as I argued before, it is unclear what the effects of this would be in any case. If Parliament votes against the Prime Minister walking away, is she to accept the deal on offer? Is she meant to try to negotiate a better one? Or is she to try to revoke the UK’s notice to withdraw? We do not know and, as I have said, such vagueness on something so critical is unacceptable.

The people voted to leave the EU in a referendum granted to them by this Parliament. We will respect that result. We are confident that the UK and the EU can indeed reach a positive deal on our future partnership, as this would be to the mutual benefit of both this country and the European Union. We will approach the negotiations in that spirit.

As to the point made by the noble Lord, Lord Hannay, it is very hard to see what meaningful vote there could be if there had been no deal at all. In the absence of an agreement, I have no doubt that there would be further statements to this House. However, we are leaving the European Union, either through the deal we have agreed or without a deal. So we now need to consider whether the other place should be asked to consider this issue yet again, given that it has considered and decided, twice, against amendments that seek to put on the face of the Bill a vote on the final agreement.

I end by saying that this Bill is to trigger the process of our leaving and to fulfil the Supreme Court’s requirements. As I have said many times before, tonight we might just make it to the legislative base camp in terms of parliamentary scrutiny and debate. There is a lot more to come. The other place is clearly satisfied with this approach and satisfied that the Bill does not merit amendment. I therefore ask noble Lords to be mindful of that and to pass the Bill unamended.

Baroness Ludford Portrait Baroness Ludford
- Hansard - - - Excerpts

My Lords, the Minister attempts to bamboozle us and produce some of the same Aunt Sallies and red herrings that I mentioned last week. The key point is that, if he pledges that the Government will honour an assurance that there will be a parliamentary vote, why not put that in the legislation? No good reason has been produced why it should not be enshrined in statute. The more he doth protest too much, the more he generates concern that the commitment to honour a parliamentary vote may be somewhat fragile. If there are indeed ample means for Parliament to assert its control, there is no problem in writing them into the Bill.

This issue concerns a fundamental principle. It is the most important decision for this country in over 70 years. The noble Lord, Lord Lea of Crondall, referred to this Bill as the shortest suicide note in history. It would not have needed to be so if the Government had given any indication of pursuing a sensible Brexit, but unfortunately they give every indication of hurtling towards an extreme, brutal Brexit. That makes many people inside and outside this building very nervous.

The noble Baroness, Lady Hayter, said from the Opposition Front Bench that she wanted to show that this Parliament is a player and she wanted recognition of Parliament’s role. The best way to do that is to follow the advice of my noble friend Lord Taverne not to abdicate parliamentary responsibility. There is a huge onus on us to continue to maintain that principle in the face of considerable bluster and insufficient legislative commitments. I therefore believe that it is justified to press this matter and I ask noble Lords to agree Motion B1. I wish to test the opinion of the House.

--- Later in debate ---
21:58

Division 5

Ayes: 118


Liberal Democrat: 82
Labour: 19
Crossbench: 11
Independent: 3
Green Party: 1
Plaid Cymru: 1

Noes: 274


Conservative: 213
Crossbench: 41
Independent: 7
Democratic Unionist Party: 3
Bishops: 3
Labour: 2
UK Independence Party: 2
Ulster Unionist Party: 1

Motion B agreed.

European Union (Notification of Withdrawal) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate

This text is a record of ministerial contributions to a debate held as part of the European Union (Notification of Withdrawal) Act 2017 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

David Davis Portrait The Secretary of State for Exiting the European Union (Mr David Davis)
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I beg to move, That this House disagrees with Lords amendment 1.

John Bercow Portrait Mr Speaker
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With this it will be convenient to discuss Lords amendment 2, and Government motion to disagree.

David Davis Portrait Mr Davis
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We introduced the most straightforward possible Bill necessary to enact the referendum result and respect the Supreme Court’s judgment. This Bill has a simple purpose: to allow the Prime Minister to notify under article 50 and start the two-year negotiation process. The House of Commons has already accepted that, voting overwhelmingly to pass this Bill, unamended, last month. The House accepted that the majority of people, no matter which way they voted in June, want the Prime Minister to get on with the job at hand, and to do so without any strings attached. Despite the simple purpose of this Bill, it has generated many hours of debate in both Houses—quite properly, I say to those who debate whether it should have.

Over the past five weeks, we have seen Parliament at its best. Hon. and right hon. Members and peers have spoken on this subject with passion, sincerity and conviction. However, I was disappointed that the House of Lords voted to amend the Bill. The Bill is just the next step in the long, democratic process surrounding our exit from the European Union. That process will continue with future legislation, ranging from the great repeal Bill, which will convert EU law into UK law at the time we leave, to a range of specific Bills that we expect to introduce, such as on immigration or customs arrangements. Parliament will be closely involved in all those important discussions and decisions.

As we embark on the forthcoming negotiations, our guiding approach is simple: we will not do anything that will undermine the national interest, including the interest of British citizens living in the European Union, and we will not enter negotiations with our hands tied. That is not to say that I do not appreciate the concerns that lie behind these amendments. It is not the ends that we disagree on, but the means, and I will attempt to address these individually—

David Davis Portrait Mr Davis
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—after I have given way to the right hon. Gentleman.

Alex Salmond Portrait Alex Salmond
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The Secretary of State will have heard that many Members in this House, and a huge majority in the House of Lords, want a meaningful vote on the Government’s terms of negotiation, which he defined yesterday as meaning accepting either the Government’s terms or World Trade Organisation terms. When does he expect that vote to come to this place, and indeed to all the other Parliaments that it will come to? When roughly, within the two-year period, does he expect the House to get a vote, even on his terms?

--- Later in debate ---
David Davis Portrait Mr Davis
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If the right hon. Gentleman will forgive me, I will come to the detail of the answer to that later, but in broad terms, although it is impossible to predict the month, the form of words that I crafted earlier was this: we intend and expect it to be before the European Parliament votes on the same matter. It will fit in at the beginning of the ratification process, as soon as the negotiation is complete. It is too soon to know when that will be.

Lords amendment 1 seeks to require the Government to act unilaterally to bring forward plans within three months to secure the status of European Union and European economic area citizens and their family members living in the United Kingdom. On this matter, the Government have been consistently clear: we want to secure the status of EU citizens already living in Britain, and the status of British nationals living in other member states, as early as we can.

David Davis Portrait Mr Davis
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I will give way to my hon. Friend, but, as many Members wish to speak and time is tight, I will limit the number of interventions that I take.

David T C Davies Portrait David T. C. Davies
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As somebody who is married to an EU citizen without a British passport, may I say that I wholeheartedly support the Government’s approach to this matter? [Interruption.] It is absolutely right that we get reciprocity before we go ahead with any agreement with the rest of the EU.

David Davis Portrait Mr Davis
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I thank my hon. Friend both for his intervention and for warming up the House.

European citizens already resident in the United Kingdom make a vital contribution to our economy and our society, including working in crucial public services such as the national health service. Without them we would be poorer and our public services weaker.

--- Later in debate ---
David Davis Portrait Mr Davis
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I will give way in a moment.

However, the European Union has been clear that we cannot open these discussions until the Prime Minister has given formal notification that the UK wishes to withdraw from the EU. That is why we must pass this straightforward Bill without further delay, so that the Prime Minister can get to work on the negotiations, and we can secure a quick deal that secures the status both of EU citizens in the UK and of UK nationals living in the EU, of whom there are around 1 million.

We take very seriously—I take very seriously—our moral responsibility to all 4 million UK and EU citizens. The Prime Minister has been clear that this issue will be one of the top priorities for the immediate negotiations. I also welcome the encouraging words from across the channel, particularly from Poland and Sweden, which fill me with confidence that we will reach a swift agreement with our European partners. Indeed, as Beata Szydlo, the Polish Prime Minister, has said:

“Of course, these guarantees would need to be reciprocal. It’s also important what guarantees the British citizens living and working in other member states of the European Union will have.”

None Portrait Several hon. Members rose—
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David Davis Portrait Mr Davis
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I did undertake to give way to the hon. Member for Swansea West (Geraint Davies), but then I will come back to my hon. Friend the Member for Ribble Valley (Mr Evans).

Geraint Davies Portrait Geraint Davies
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Is the right hon. Gentleman aware of the survey by the General Medical Council that shows that two thirds of EU doctors are thinking of leaving the UK? In general, EU citizens tend to be younger and working compared with their counterparts abroad who are older and retired. Does he not accept that there is an immediate need unilaterally to act in good faith to set the agenda to get reciprocation, rather than holding out until the final moment?

David Davis Portrait Mr Davis
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I hear what the hon. Gentleman says. As I have said before, these issues are serious and important, and people hold their views passionately and with good reason, but the simple truth is that the Government have been very plain about what they intend. They intend to guarantee the rights of both British and European citizens and they will do so as quickly as possible.

Nigel Evans Portrait Mr Nigel Evans (Ribble Valley) (Con)
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I am delighted to hear what my right hon. Friend has had to say about prioritising the negotiations as far as EU and British citizens are concerned. He has said that the negotiations could take up to two years, but there is no reason at all why an agreement on those citizens should not come a lot earlier. Will he give a guarantee that, once an agreement is reached, it will be made public to put out of their misery all the people who are going through this trauma at this moment in time?

David Davis Portrait Mr Davis
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My hon. Friend makes a good point. It may well be that we need treaty change to put in law the guarantees that we want in place, but I aim to get all the member states, the Commission and the Council to commit—even if it is in an exchange of letters—so that everyone knows what their rights are and what their rights will be, which, therefore, deals with the issue that has quite properly been raised: people being afraid of things they should not be afraid of.

David Davis Portrait Mr Davis
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Please forgive me for a moment.

That is very dependent of course on the commitment not just of ourselves, but of other member states. As I said, Beata Szydlo, the Polish Prime Minister, has made that point publicly here. Every single Minister of every member state that I have spoken to, either on the continent in their own countries or here on a visit, have reinforced the point that they want this matter to be at the top of the agenda. They want this to be dealt with first, and that is what we intend to do to help to achieve what my hon. Friend wants.

David Davis Portrait Mr Davis
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Forgive me, but I do have to make some progress.

The proposed amendment may well force the UK to set out unilateral plans in any case. Such an approach would only serve to undermine the very attempts that I have just been talking about, and hamper a quick resolution for all those concerned.

Tasmina Ahmed-Sheikh Portrait Ms Ahmed-Sheikh
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Will the Secretary of State give way?

David Davis Portrait Mr Davis
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In a second.

I want to reassure people that Parliament will have a clear opportunity to debate and vote on this issue in the future, before anything else happens. The great repeal Bill will not change our immigration system. That will be done through a separate immigration Bill and subsequent secondary legislation. Nothing will change for any EU citizen in the UK without Parliament’s explicit approval beforehand.

Tasmina Ahmed-Sheikh Portrait Ms Ahmed-Sheikh
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I am very grateful to the Secretary of State for giving way. This Government’s track record on contingency planning is as bad as their handling of the Brexit process, so if it is the case that they are not going to protect the position of EU nationals and it therefore becomes the case that the position of EU nationals is not protected, has the Secretary of State given any consideration to a deportation process then?

David Davis Portrait Mr Davis
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The hon. Lady knows me very well, and I think—

Tasmina Ahmed-Sheikh Portrait Ms Ahmed-Sheikh
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I thought I knew you better.

David Davis Portrait Mr Davis
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That is the point. It is, frankly, incredible to me that anybody would imagine that I, of all people, would sign up to a deportation process. The answer here is simple, and I make the point again: I take as a moral responsibility the future guarantees of all 4 million citizens —European Union and UK together.

If I may move on, I will now address the issues created by Lords amendment 2. Let me be clear from the outset that this amendment does not seek to simply put what we have already promised on the face of the Bill, as was suggested by some. In fact, it seeks to go much further. But let me begin with proposed subsections (1) to (3), which do simply seek to put our commitment to a vote on the face of the Bill. I will repeat here our commitment: the Government will bring forward a motion on the final agreement to be approved by both Houses of Parliament before it is concluded. We expect and intend that this will happen before the European Parliament debates and votes on the final issue. This commitment could not be clearer, so proposed subsections (1) to (3) are wholly unnecessary. Our clear intention—an intention stated more than once at this Dispatch Box—and by far the most likely outcome, by the way, is that we will bring a deal back to the Houses of Parliament for them to approve.

Helen Goodman Portrait Helen Goodman (Bishop Auckland) (Lab)
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I am grateful to the Secretary of State for giving way. If he is so confident about this, why can he not allow the rest of us to be confident by agreeing to Lords amendment 2?

David Davis Portrait Mr Davis
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As I said last week, because it is unnecessary. When a Minister gives an undertaking at this Dispatch Box in this House, it is binding on the Government. Understand that point?

None Portrait Several hon. Members rose—
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David Davis Portrait Mr Davis
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No, I will not give way.

On the more general point about votes—I say this with some personal interest—we should not underestimate the mechanisms at Parliament’s disposal to ensure that its voice is heard. To paraphrase the wise words of Lord Howard of Lympne during the debate on the amendment in the other place, this place “will have its say” and “will have its way.” We do not need to put this into legislation, and making legislation when none is required only benefits lawyers.

Baroness Morgan of Cotes Portrait Nicky Morgan (Loughborough) (Con)
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My right hon. Friend is a Member of long standing in this House, and he recognises—as, I think, other hon. Members do—that Parliament will find a way to have a say, whether a deal is reached or whether no deal is reached. If he recognises that, does he agree that it would be better for the Government officially to recognise that position from the Dispatch Box?

David Davis Portrait Mr Davis
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I reiterate the point: of course, Parliament can, if it wishes, have a vote and debate on any issue. That is a matter for Parliament. It is not for a Minister to try to constrain that, least of all this Minister, who has used those opportunities before this day. But let me get to the point behind this. I agree with my right hon. Friend, but what we cannot have—I am coming to the second aspect of this amendment—is any suggestion that the votes in either House will overturn the result of the referendum. That is the key point.

John Redwood Portrait John Redwood (Wokingham) (Con)
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Is that not exactly the point? It would completely cripple the Government in trying to get a really good deal for the UK. This is the time for Parliament to get behind the country, which made a decision, and to get the best deal. We cannot do that if the EU thinks it can undermine us.

David Davis Portrait Mr Davis
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That point brings me to subsection (4), so let me deal with that in a little more detail. This new clause, effectively, seeks to prohibit the Prime Minister from walking away from negotiations, even if she thinks the European Union is offering her a bad or very bad deal. As I will get on to, the impact of this is unclear, but even the intent goes far beyond what we have offered or could accept. The Government will be undertaking these negotiations and must have the freedom to walk away from a deal that sets out to punish the UK for a decision to leave the EU, as some in Europe have suggested.

Of course, we are seeking a mutually beneficial new relationship, which we believe can and will work for everyone, but tying the Government’s hands in this way could be the worst way of trying to achieve that deal. And let us not forget: in December, this House passed a motion that nothing should be done to undermine the negotiating position of the Government.

Stephen Kinnock Portrait Stephen Kinnock (Aberavon) (Lab)
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The Minister is asking us to take him at his word—on trust. Given the record of the Conservative party recently on manifesto commitments, does the same principle of trust apply?

David Davis Portrait Mr Davis
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I said before, and I will say it again: I take statements at this Dispatch Box as binding.

The important point here is that the idea that Parliament could force the Government to accept a bad deal will only incentivise those on the other side of the negotiating table to deliver just such a deal. As the Lords European Union Select Committee—hardly a Tory front organisation —said:

“The Government will conduct the negotiations on behalf of the United Kingdom, and, like any negotiator, it will need room to manoeuvre if it is to secure a good outcome.”

Dominic Grieve Portrait Mr Dominic Grieve (Beaconsfield) (Con)
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No one in this House, as far as I am aware, wishes to fetter the Government’s hands in negotiations, or indeed the Government’s right to walk away from the negotiations; the issue in subsection (4) is whether the Government come back to this House to explain their plan and policy in the event of that happening. I would expect that to be inevitable, and yet, curiously, when we have sought an assurance from the Government—no more than that; not this amendment—that they would do that, which seems to me to be blindingly obvious, we keep being told that they will not give that assurance. I do find that, I have to say to my right hon. Friend, a bit odd, and I wonder whether he could clarify that.

David Davis Portrait Mr Davis
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My right hon. and learned—and old—Friend makes a good point. The simple truth here, however, as I have said before, is that nothing can constrain this House’s right to debate and vote on anything it sees fit, and that meets this.

What I am dealing with here is subsection (4), and there are even bigger problems with it. During the debate on this issue in the other House, the author of the amendment, Lord Pannick, himself admitted he did not know what would happen if Parliament voted against leaving the EU without a deal. This uncertainty is itself a strong argument against putting this amendment into statute.

However, a significant number of Lords supported this amendment—that may not be true in this House—such as Lord Wigley and Baroness Kennedy, and they made their intentions clear: if Parliament were to vote against leaving without a deal, the UK should seek to remain in the EU and reverse the result of the referendum. I should say to my hon. and right hon. Friends that the European Union member states and the European Union institutions read the proceedings of this House very closely; they will have read that, and it will have raised their interest, because that is precisely what they would like to happen. So while this has been badged as a meaningful vote, the reality is that there are some who would seek to use it to overturn the result of the referendum. [Interruption.] “Good idea” comes from across the Floor. That is exactly, I am afraid, what concerns us.

The Government and the Prime Minister have been crystal clear. The people of the United Kingdom have decided to leave the European Union. The Government will seek to implement this decision in the way that is most beneficial to both the United Kingdom and the European Union. What we will not do, however, is accept anything that will put the intention to leave the European Union in doubt.

None Portrait Several hon. Members rose—
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David Davis Portrait Mr Davis
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Will hon. Members forgive me if I do not give way, because I am coming to the end of my comments?

Any prospect that we might actually decide to remain in the European Union would only serve to encourage those on the other side to give us the worst possible deal in the hope that we will do exactly that. This amendment would not only restrain the negotiating power of the Government but would create uncertainty and complications throughout the negotiating process while lessening the chances of the mutually beneficial deal we are seeking.

I reiterate the three key points. First, the Bill was brought forward to implement the referendum result, respect the Supreme Court judgment, and nothing else. Secondly, these amendments are unnecessary as the Government have already made firm commitments with regard to both of the two issues, and we will deliver on those commitments. Thirdly, these amendments would undermine the Government’s position in negotiations to get the best deal for Britain, and that cannot be in the national interest. Therefore, it is clear to the Government that we should send back to the House of Lords a clean Bill. This House has already expressed its support of this view in Committee, and I ask us all to repeat that support once more.

Keir Starmer Portrait Keir Starmer (Holborn and St Pancras) (Lab)
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I rise to support both of the amendments that have been passed in the other place. They started life as Labour amendments at the Committee stage in this House, Labour peers led on them and voted for them in the other place, and they will be supported by Labour MPs here today.

The question is this: are Conservative Members willing to listen to the arguments in favour of the amendments, to which I know many are sympathetic and have concerns about, or will they go along with the Prime Minister’s increasing obsession to pass a clean Bill, unamended, even if that means ignoring amendments that would improve the Bill and provide much better protection?

--- Later in debate ---
Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
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We live in very strange times. The campaign to leave the EU was based to a very great extent on the idea of restoring parliamentary sovereignty. Indeed, the Government’s White Paper asserts:

“The sovereignty of Parliament is a fundamental principle of the UK constitution.”

Yet Ministers seem set on opposing any attempt to guarantee a meaningful role for Parliament in the process of withdrawing from the EU. Instead we are being asked to write a blank cheque to give Ministers power to withdraw the country from the EU on whatever terms they like—or worse, on no terms at all. Ministers seem to regard their colleagues as little better than lemmings. Faced with the prospect of falling off the cliff edge, we are apparently meant to suspend all judgment and blindly follow wherever they lead. But to allow Ministers to proceed in this way would be an extraordinary and unforgivable abdication of parliamentary responsibility. The manner and terms on which we withdraw from the EU will have implications for the rights and interests of every citizen and business for many years to come, and Parliament must take responsibility for these decisions.

The final deal on trade with the EU will almost certainly need to be ratified at both national and federal level of each EU member state. Lords amendment 2 simply gives the UK Parliament the same power. Do Ministers really want this Parliament to be the single most underpowered of all European Parliaments during that process?

I appeal to colleagues to defy the whipped-up anger of the anti-European press, and to stand up to the ridiculous notion that any and every attempt to give Parliament a role in the Brexit process is somehow a betrayal of the will of the people. It is no such thing—it is simply the exercise of the judgment that we were elected to bring to this House. We were not elected to be lemmings.

David Davis Portrait Mr David Davis
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With the leave of the House, in 60 seconds, Mr Speaker. I start by thanking hon. Members for their valuable contributions. We have heard some formidable speeches. Perhaps that reflects on me. I liked best the ones that were made at my expense.

I will deal very quickly with some of the more important issues. The right hon. Members for Wolverhampton South East (Mr McFadden) and for Sheffield, Hallam (Mr Clegg), and the hon. Member for North East Fife (Stephen Gethins), spoke passionately about the rights of the 3 million. I agree. I care equally passionately about the 4 million. I am afraid that I do not agree with the Chairman of the Brexit Committee or the right hon. Member for Gordon (Alex Salmond) in saying that we are using these people as bargaining chips. We are not. By treating them as 4 million, we are stopping any of them being bargaining chips and getting an outcome that will reflect well on this House and on the European Union.

With regard to amendment 2, my right hon. Friend the Member for West Dorset (Sir Oliver Letwin), in a brilliant exposition of the Alice in Wonderland consequences of subsection (4), told us why my right hon. Friend the Member for Forest of Dean (Mr Harper) was right to say that we should stay out of the law in these matters.

The simple truth is that last time round we in this House passed this Bill unamended by a majority of 372. I hope that we will send it back with a similar majority and that the House of Lords respects that rejection of the amendments.

--- Later in debate ---
18:25

Division 178

Ayes: 335


Conservative: 319
Democratic Unionist Party: 8
Labour: 6
UK Independence Party: 1
Independent: 1

Noes: 287


Labour: 212
Scottish National Party: 54
Liberal Democrat: 9
Social Democratic & Labour Party: 3
Plaid Cymru: 3
Independent: 3
Conservative: 2
Ulster Unionist Party: 2
Green Party: 1

Lords amendment 1 disagreed to.
--- Later in debate ---
18:40

Division 179

Ayes: 331


Conservative: 313
Democratic Unionist Party: 8
Labour: 6
Ulster Unionist Party: 2
UK Independence Party: 1
Independent: 1

Noes: 286


Labour: 215
Scottish National Party: 54
Liberal Democrat: 9
Social Democratic & Labour Party: 3
Plaid Cymru: 3
Independent: 3
Green Party: 1

Lords amendment 2 disagreed to.