European Union (Withdrawal) (No. 5) Bill

Debate between Bernard Jenkin and Steve Baker

Monday 8th April 2019 Commons Chamber

[Hilary Benn]

The Prime Minister will accept an extension because she has asked for one. It is the existence of this Bill that has led her, in advance of the Bill being approved by the House, to write to the President of the European Council seeking an extension, because twice, much to the unhappiness of certain Members on the Government side of the House, she has been faced with this choice: either to take the country over the edge of a no-deal cliff, or to apply for an extension.

The reason I think some Members are very cross about that—I accept that they are cross—is that on both occasions the Prime Minister, facing both this Bill and a revolt by her Ministers, decided to act in the national interest by making that application. I hope very much that on Wednesday the European Council will grant more time, because whatever one thinks about the Prime Minister’s deal, one thing is clear: a no-deal Brexit would be disastrous for our country. That is why I hope the House will vote for the Bill tonight.

[Mr Steve Baker (Wycombe) (Con)]

May I begin by saying how pleased I was to learn, when my hon. Friend the Member for Stone (Sir William Cash) mentioned the European Union (Notification of Withdrawal) Act 2017, that so many Opposition Members voted for that Act on the basis that they took on trust the success of a Conservative Prime Minister? I am pleased that they have so much confidence in us. When they voted for that Act, they either did or did not know the terms of article 50. If they did know the terms, then they voted to leave the European Union potentially without a withdrawal agreement; and if they did not, then clearly they were ignorant of one of the most important matters of the moment. Perhaps instead they were just voting for short-term political expediency. In any event, it is not very credible for Members now to be panicking and seeking to overturn what they previously legislated for, with great care and over a considerable period of time.

I turn my attention to Lords amendment 5, which I find rather surprising, because it seeks to restore the prerogative to the Government, provided they seek a long extension. Of course, this House resoundingly defeated the Government on that very point. I am therefore very pleased that my hon. Friend the Member for Stone has tabled amendment (a) in lieu of Lords amendment 5, to rule out European elections. It states:

“No extension of the period under Article 50(3) of the Treaty on European Union may be agreed by the Prime Minister if as a result the United Kingdom would be required to prepare for or to hold elections to the European Parliament.”

This House united around what was known as the Brady amendment, to replace the backstop with alternative arrangements. I cannot think how many times I and other Members have tabled the so-called Malthouse compromise, to limit the implementation period, replace the backstop and, in the latest incarnation, get rid of the single customs territory. We have tried and tried to give the Government the way to get a deal.

[Sir Bernard Jenkin]

I am listening carefully to what my hon. Friend says about amendment (a) in lieu of Lords amendment 5. Let us be absolutely clear. Is he saying that anyone who votes against amendment (a) will actually be voting for the United Kingdom to take part in the European elections, despite the fact that nearly every Member of this House voted for us to leave long before that date? It is a big reverse, is it not?

[Mr Baker]

It is a big reverse. Do Opposition Members seriously think that we should participate in the European elections after so long? It is a ridiculous escapade. Members should have known what they were doing when they voted to trigger article 50—[Interruption.] I see the right hon. Gentleman the Chair of the Exiting the European Union Committee looking quizzical and shaking his head, or perhaps nodding along.

Leaving the EU: Economic Analysis

Debate between Bernard Jenkin and Steve Baker

Tuesday 30th January 2018 Commons Chamber

[Mr Baker]

We are carrying out the usual inquiries into who leaked the report. The hon. Lady is absolutely right that past economic predictions have been very poor, and poor for good reasons on which I would love to elaborate on another occasion. I have set out that particular critique of even the Bank of England’s forecasts, and she is absolutely right that, as I said earlier, we should have a healthy scepticism.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

We would be in a strange position if Governments had to publish every bit of advice to Ministers and every bit of analysis that they profoundly believed to be wrong. The last Labour Government did not do that, and the Minister should resist publishing this analysis if he believes it is not in the national interest to do so. I also advise him that people are trying to divert the Government’s direction on Brexit—there is absolutely no doubt about it. Will he look into why this particular document was leaked on this particular day, the day that the withdrawal Bill has its first debate in the upper House?

[Mr Baker]

My hon. Friend, the Chairman of the Select Committee on Public Administration and Constitutional Affairs, makes an important and authoritative point about the conduct of government. Opposition Members would do well to reflect on how they would wish to govern the country if, God forbid, the electorate should ever give them an opportunity to do so.

All of us in this House need to have an eye on the long-term functioning of our democracy and our constitution. With that in mind, I hear what my hon. Friend says. There is clearly a campaign to overturn the referendum result, and it can be seen at work in the media and in this House. We will certainly bear in mind what he says.

European Union (Withdrawal) Bill

Debate between Bernard Jenkin and Steve Baker

Committee: 8th sitting: House of Commons
Wednesday 20th December 2017 Commons Chamber

[Mr Baker]

The hon. Lady is trying to pre-empt some of my remarks. If she will bear with me, I will come to that.

A crucial point is that the Bill does not determine whether the UK leaves the EU; that is a matter of international law under the article 50 process. However, it is important that we have the same position in UK law that is reflected in European Union treaty law. That is why the Government have signed these amendments, and I was glad to do so.

I can assure the Committee we would use this power only in exceptional circumstances to extend the deadline for the shortest period possible, and that we cannot envisage the date being brought forward. As my right hon. Friend the Prime Minister has said many times, we and the EU are planning on the UK leaving the European Union at 11 pm on 29 March 2019.

[Mr Jenkin]

I apologise to the Committee for having had to be in the Liaison Committee for the last couple of hours and for missing much of the debate. I thank my hon. Friend for accepting these compromise amendments. The Government are, in fact, accepting a very significant limitation on the powers they had in the original draft of the Bill. If we are interested in the sovereignty of Parliament, we are interested in limiting the room for Government to set arbitrary dates without any controls over them whatever. That is what existed in the Bill before. There is now proper control by Parliament of the date in the Bill.

[Mr Baker]

I am grateful to my hon. Friend. I would also like to say thank you to him for the role he has played in bridging the spectrum of opinion on this issue.

--- Later in debate ---

[Mr Baker]

I am most grateful to my right hon. and learned Friend. I know he is going to take this matter up further with my hon. and learned Friend the Solicitor General. I did actually just make two points, but perhaps I structured them ambiguously.

The third point is that in the event of a strike-down there would be no existing power under which fresh regulations could be brought forward, so it would be necessary to bring forward a fresh Act of Parliament or to rely on the remedial order-making power within the HRA itself. I should say that the remedial order-making power within the HRA was not designed to be the default means by which incompatible legislation is remedied or to deal with the policy changes that could be required.

The remedial order-making power may only be used if there are compelling reasons for doing so and it is targeted at removing the identified incompatibility. If wider policy change were needed following a finding of incompatibility, a fresh Act of Parliament would be the only means of doing that and we could be left with damaging holes in the statute book unless and until such an Act was passed. That is why the Government concluded that converted EU law should have the status of primary legislation in relation to the HRA, and that is why the Government will not be able to accept the two amendments.

[Mr Jenkin]

I wish to pick up on the important point raised by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve). For the avoidance of doubt, will the Minister clarify that it is not the Government’s intention to set up retained EU law in UK statute in a manner that would encourage a UK court to strike down another primary statute? If that is the intention, may I suggest it might be something the Government will have to look at?

[Mr Baker]

My hon. and learned Friend the Solicitor General has just confirmed to me that we do not want that to happen. I am sure that that will be given further consideration, along with the issue of general principles that my right hon. and learned Friend the Member for Beaconsfield has raised.

Exiting the EU: Sectoral Analysis

Debate between Bernard Jenkin and Steve Baker

Tuesday 7th November 2017 Commons Chamber

[Mr Baker]

I think that the right hon. Gentleman has put the words “nothing of significance” in my mouth. I do not think that I have ever said that. We are saying to the House that this sectoral analysis does not contain quantitative projections of impact. As for the right hon. Gentleman’s final question, I think that is a matter for you, Mr Speaker.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

The motion that the House passed last week without objection referred to

“the impact assessments arising from those analyses”,

in reference to the previous list. I can well imagine that these assessments are scattered around different Departments, and that different officials are looking at various bits of work and saying, “Does this count as part of one of these assessments or not?” I think it would have been unconscionable for the Government to come to the House and suggest that they were not going to comply with the motion or release this information, but may I suggest that there should be some private dialogue with the highly respected Chair of the Brexit Committee, on Privy Council terms, about how to resolve the matter without it becoming a matter of embarrassment that disrupts the negotiations?

[Mr Baker]

It is our intention to comply with the will of the House, but we cannot release what we do not have. We will bring forward the material that is appropriate, timely and up to date, and that will inform the Committee. Steps have already been taken to carry forward the appropriate meetings.

Oral Answers to Questions

Debate between Bernard Jenkin and Steve Baker

Thursday 7th September 2017 Commons Chamber

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

May I add my congratulations to my colleague on his appointment to the Front Bench? It is very well deserved. Is not the right way for the hon. Member for Stockton South (Dr Williams) to secure the rights of workers, and to secure the environmental protections that he wants, to vote for the EU (Withdrawal) Bill? If the Labour party succeeds in blocking the Bill, those protections will no longer exist.

[Mr Baker]

I am most grateful to my hon. Friend for his congratulations and his support, and I look forward to his support in future. He is absolutely right: the best way for Members of this House to ensure that they serve their constituents by delivering a working statute book, and delivering the continuity of the rights and protections currently in EU law and applying to the UK, is to vote for this Bill and to support its passage through the House.