European Union (Notification of Withdrawal) Bill
(Limited Text - Ministerial Extracts only)
Read Full debateMonday 6th February 2017
(7 years, 9 months ago)
Commons ChamberEuropean Union (Notification of Withdrawal) Act 2017 View all European Union (Notification of Withdrawal) Act 2017 Debates Read Hansard Text Amendment Paper: Corrigendum to the Committee of the whole House Amendments as at 6 February 2017 (PDF, 57KB) - (6 Feb 2017)
20:48 - The Committee divided: - Ayes: 284 / Noes: 333 - Question accordingly negatived.
23:54 - The Committee divided: - Ayes: 276 / Noes: 333 - Question accordingly negatived.
00:07 - divided: - Ayes: 62 / Noes: 333 - Question accordingly negatived.
00:21 - The Committee divided: - Ayes: 267 / Noes: 330 - Question accordingly negatived.
The Minister of State, Department for Exiting the European Union (Mr David Jones)
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
Will the Minister tell us whether reassuring EU nationals is unnecessary?
Mr Jones
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
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.
Mr Jones
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
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.
Mr Jones
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
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?
Mr Jones
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.
Mr Jones
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 (Blackley and Broughton) (Lab)
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?
Mr Jones
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
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?
Mr Jones
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.
Mr Jones
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.
Mr Jones
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.
Mr Jones
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—
Mr Jones
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.
Sir Gerald Howarth
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?
Mr Jones
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.
Mr Jones
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
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?
Mr Jones
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
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.
Chris Leslie
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?
The Chairman of Ways and Means (Mr Lindsay Hoyle)
Order. I think that the hon. and learned Lady’s speech has come to an end. Let us now please hear from the Minister.
The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)
Thank you, Mr Hoyle. [Interruption.]
The Chairman
Mr Salmond, you should know better. [Interruption.] Order. One second.
The Chairman
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.
The Chairman
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.
The Chairman
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.
Mr Walker
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
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.
The Chairman
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.
Mr Walker
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.
Ian Murray
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
Mr Walker
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.
Jenny Chapman
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.