EU Retained Law

Lord Mackinlay of Richborough Excerpts

Wednesday 22nd June 2022 Commons Chamber

[Mr Rees-Mogg]

I do not know if the hon. Lady will particularly want a compliment from me, but she is one of the most assiduous attenders in this House. She fights for constituents who face difficulties, holds Ministers to account, and ensures that people’s concerns are brought to this House, and while I may not agree with her overarching political philosophy, that is what we Members of Parliament are here to do. We are the champions of hard-to-reach people; we hold Governments to account; and we ensure that the result is included in Bills as they make their way through Parliament. The hon. Lady, dare I say it, is a model of how this can be done.

[Craig Mackinlay (South Thanet) (Con)]

I pay tribute to my right hon. Friend for giving a summary masterclass, in his usual way, of what the Brexit freedoms Bill will mean. I think that the British people have not realised how we got to our legislative framework; there is primary legislation in this place, directives, regulations, and the override of the European Communities Act 1972. Nobody can be sure of the position, be they manufacturing something, providing services or doing anything else—this goes for anything that moves—because we do not have consolidated legislation that says, “These are the rules on the manufacture of paper,” for instance. That cannot be fair. Does he agree that this proposal will be a refreshing opening up of our legislative framework, so that we can make it better, more streamlined and, most importantly, accountable to this place and the British people?

[Mr Rees-Mogg]

Yes, indeed. Putting the information online, and opening it up to people—including, of course, to Members of Parliament—will make it much clearer where the blockages, obstructions and difficulties are for businesses. Once we know where they are from the detail of the legislative instrument, it becomes much easier to remove them.

European Union (Withdrawal Agreement) Bill and Extension Letter

Lord Mackinlay of Richborough Excerpts

Monday 21st October 2019 Commons Chamber

[Stephen Barclay]

What I was referring to in those remarks was in line with international obligations. Some practical information will need to be provided electronically on the movement of goods from west to east. However, the Government will be considering the process during the implementation period.

[Craig Mackinlay (South Thanet) (Con)]

May I just say on the Floor of the House now that I have zero respect—absolutely no respect—for the Benn surrender Act? I have no respect for the means by which it was brought to the House and the Order Paper taken over. I have no respect for the fact that it had four hours’ debate with one day’s notice. I have no respect for the manner in which—Mr Speaker, you were not in the Chair that afternoon—manuscript amendments were being debated before they were available. This was a shambolic Act brought by those who do not want to respect Brexit. The Government should be in control of the Order Paper, and if others do not want that, they can lay a vote of no confidence, but they will not.

I really wonder, Mr Speaker, what this urgent question is for: is it an argument that somehow the Government should have delivered a gold-trimmed letter on a sequinned velvet cushion to the Commission? Can the Secretary of State confirm that the letter has obviously been treated as genuine and is being dealt with in the appropriate way by the Council of Ministers—even though I would have much preferred it had the Government and the Prime Minister had ignored this shambolic Benn Act?

[Stephen Barclay]

As my hon. Friend knows, the Benn legislation was designed to prevent a no-deal exit. The Prime Minister was told that changing the backstop was impossible; he delivered it. He was told that the withdrawal agreement text could not be changed; he did so. We now have a deal that the House can pass; I hope Members across the House will do so with the withdrawal agreement Bill in order that we can leave on 31 October, as citizens and businesses around the country want us to do, and get on with it.

Irish Border: Customs Arrangements

Lord Mackinlay of Richborough Excerpts

Tuesday 1st October 2019 Commons Chamber

[James Duddridge]

I am unclear what the hon. Lady means by “what we learned overnight”. If she means the press report on RTÉ in Ireland, I can tell her that it simply is not true. I can categorically say to her that there are no plans and never have been any plans for any physical checks. This is not a right to reply, but I will be more than happy to take that up with her in more detail, in relation to the Act and more generally, particularly when everything else has come out in the wash.

[Craig Mackinlay (South Thanet) (Con)]

Does the Minister agree that this whole Northern Ireland-Republic border issue is confected nonsense designed to derail Brexit? Has he considered the Jameson lorry that goes from the south to the north and the Bushmills lorry that goes from the north to the south—different currencies, different excise duties and different tax rates? These are trusted traders. They are trusted now and will be in the future. Does he consider that the current VAT system of Intrastat returns and quarterly accounting could form the basis upon which a proper border arrangement can be easily made?

[James Duddridge]

There are different people in this Chamber: some have a legitimate desire for Brexit not to happen; equally, some Members have genuine concerns and recognise the legitimate decision of the general public and the need to get on with Brexit. It is unhelpful to conflate the two. My hon. Friend refers to a specific solution. There are many solutions being considered that were in the non-papers, but I do not want to comment on those until the proposal is formally made to the Commission.

European Union (Withdrawal) (No. 6) Bill

Lord Mackinlay of Richborough Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons
Wednesday 4th September 2019 Commons Chamber

[John Redwood]

Well, of course, if we just leave, we take back control of our borders. We can then decide whether we wish to do anything about it. We may wish to leave in place exactly all the existing arrangements. I am not making any recommendations that would embarrass the hon. Lady or her friends in Northern Ireland. We are very sensitive about that border. Indeed, the British Government have made it very clear that they see no reason to impose new barriers or difficulties on our side of the Northern Ireland-Republic of Ireland border at all. I am sure that will be very welcome to all those in this House who are seriously worried about this issue. It makes one wonder why the backstop was ever invented or necessary. Why is it so difficult for the European Union just to strip it out given that the EU has a sincere promise—agreed, I think, by all parts of this House—that we do not wish to impose new barriers on that border in a way that could be an obstacle to good relations and the peace process?

[Craig Mackinlay (South Thanet) (Con)]

I wonder whether my right hon. Friend has ever had the experience of having builders in and not having given them an end date. What happens? The building work goes on and on and on. Is it not time that we told the builders, “The end date is 31 October. You finish the job—no ifs, no buts, no compromise”?

[The First Deputy Chairman]

We all know that it is great for emphasis to repeat things, but we are running out of time.

European Union (Withdrawal) (No. 5) Bill

Lord Mackinlay of Richborough Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 3rd April 2019 Commons Chamber

[George Eustice]

I understand the right hon. Lady’s point. I simply say that Sweden, unlike Denmark and the UK, never had an opt-out from joining the euro, but it held a referendum that decided it should not join the euro. As a result, technically speaking, Sweden has been in breach of international law and European law ever since.

It is simply the case that if it were felt necessary to find a way of extending our membership to get the withdrawal agreement through—for a period of one month under amendment 20—I cannot believe it is beyond the wit of man for that to be accommodated, notwithstanding what might be said in some treaty or other. It would not be the first time that the European Union has done this.

As I pointed out earlier, if the Government believe that the treaties are, indeed, inviolable and cannot be changed, even for a period of four weeks, it would be open to them to select a date of 22 May. My amendment is generous in giving them the option, should it be possible to get agreement with the European Union and other parties, to go for a slightly later date.

[Craig Mackinlay (South Thanet) (Con)]

Let me assist my hon. Friend. This question of the date has been a vexed one. Obviously, we are not in favour of any extension, but the Commission tends to think that 22 May is a key date. I had a meeting with Guy Verhofstadt in Brussels and he tends to recognise the 30th as a cut-off date, so I think we are into a period of ambiguity and my hon. Friend is right to give this sort of latitude.

[George Eustice]

I thank my hon. Friend for all that. One problem with this whole negotiation is getting hung up over some clause or other in some EU treaty when we all—we or the EU—face a much bigger dilemma: how do we settle this political crisis? We have to consider how we find a resolution to this dispute, and achieve a reconciliation in our country and an outcome to this debate that can settle the Brexit argument and deliver the referendum result from 2016.

--- Later in debate ---

[Sir William Cash]

It is axiomatic, and it goes to the very heart of what we are leaving and how we are leaving. The idea that we would hold European elections, which, but for my proposed amendment, are liable to take place, makes me think that this House really ought to vote for new clause 7. I therefore urge the House to consider it as an important, sensible amendment. [Interruption.] I see that my right hon. Friend the Member for West Dorset has left the Chamber. Perhaps my remarks are too unpalatable for him.

[Craig Mackinlay]

My hon. Friend has ably set out the cost of a potential long extension as being £90 billion, or whatever it might be. Has he considered the cost to the public purse of running European parliamentary elections for what might be a very short time in office for those so elected?

[Sir William Cash]

I have heard it mentioned that the elections would cost £100 million, which is quite a lot of money for nothing. In some constituencies, as it happens, there have been turnouts of about 19%. European elections are a complete farce anyway. In fact, I think the European Parliament is a complete farce. Frankly, getting rid of the elections altogether would be a massive step in the right direction, and this Bill is the opportunity to do that.

Leaving the European Union

Lord Mackinlay of Richborough Excerpts

Monday 1st April 2019 Westminster Hall

[Catherine McKinnell]

What is so difficult about the debate is that it has wedded itself to events in the past, rather than looking at the reality right in front of us.

Our country remains in a crisis. The situation is completely unacceptable and intolerable, and I am hugely aware of the costly uncertainty and anxiety that it is causing for businesses and people up and down the country, but I am also clear that, despite the Prime Minister’s disgraceful and inflammatory attempts to lay the blame at the feet of democratically elected representatives doing their jobs, this appalling mess is entirely of the Prime Minister’s, and the Government’s, own making.

The time-limited article 50 process was triggered without any plan or agreed strategy for where we wanted to end up—I voted against it at the time for that very reason—and months of valuable negotiating time were wasted on a general election that resulted only in a hung Parliament. After that election, there was a complete failure to listen and to reach out to or engage with MPs—either by party, geographically or according to their views on Brexit—to build that much-needed consensus, with every decision taken by the Prime Minister in her narrow party interest, rather than with the greater good of the country in mind. Yet more time was wasted by repeatedly postponing, or simply ignoring, meaningful votes on the agreement, even though it was clear some four months ago that it would not command Parliament’s support.

I implore the Minister not to respond to this important debate simply by trotting out the same tired old lines that we have heard from those on the Government Benches today, or what we have heard time and again about the Government’s approach to Brexit. I implore him to engage with the fact that this Government’s total failure to steer the country through this historic process has resulted in 6 million people signing a petition in a matter of days, calling for the only policy that this Government have pursued for the past three years to be reversed.

[Craig Mackinlay (South Thanet) (Con)]

Has this petition not shown clearly what the People’s Vote is about, and made its veil drop? One could argue that the People’s Vote has no grand ambitions such as, “Let’s have democracy,” because this has nothing to do with another vote; it is about revocation. Will the hon. Lady now be honest and say that what she and others have been supporting through the people’s vote is revocation, not some grand democratic rerun of a vote?

[Catherine McKinnell]

I am not sure that the hon. Gentleman has been here for the full debate. [Hon. Members: “He hasn’t.”] He has not, so he was not here when I set out the three petitions that we are debating. This one is about revoking article 50; the previous petition was in relation to a second referendum on the EU debate. I take great exception to his suggesting that, in some way, I am being dishonest in what I am saying.

EU Withdrawal Agreement: Legislation

Lord Mackinlay of Richborough Excerpts

Tuesday 24th July 2018 Commons Chamber

[Dominic Raab]

I do not share the hon. Lady’s gloomy assessment. When the detail of the White Paper is made clear to EU nationals here, the focus will be on their substantive rights and the mechanism by which they will be able to rely directly on them in UK courts. There will be an independent monitoring authority not just to take up complaints, but to take legal action. If the negotiations do not reach fruition, separate legislative provision will be made in the normal way through the Home Office. However, we will move quickly to secure the position of EU nationals.

[Craig Mackinlay (South Thanet) (Con)]

We swallowed the fairly hideous implementation period compromise on the promise of a smooth transition to a good end state. Now that the opening offer on the end state does not pass the public’s sniff test, why should we approve both when we are asked to in the autumn?

[Dominic Raab]

I share my hon. Friend’s passion and respect his views. If he looks at the package in the round—at the finality that the implementation period provides; at the ability to give effect faithfully to the referendum and to take back control of our borders, law and money; at our ability to trade more liberally and energetically with the growth markets of the future; at the wider political context, both in this House and beyond; and at the nature of the support we need to carry the country with us—I hope that he will appreciate that we are taking a principled, pragmatic approach to leaving the EU, and that he will be able to get behind it.

European Union (Withdrawal) Bill

Lord Mackinlay of Richborough Excerpts

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

[Mr Leslie]

Yes. Although we disagree on many things, I think we can agree that if we are going to do this exercise, it needs to be done thoroughly and robustly, making sure that the intent of Parliament and the laws we are transposing are robust enough to withstand the test of time. Having explanatory statements to accompany those is an important development that has helped us in our legislative process recently. If we are going to have a sifting committee—it is not really a sifting committee; the procedures committee will be doing this—looking through all these statutory instruments and picking out which ones it thinks should not be passed through the negative procedure, this explanatory process ought to be in place to help hon. Members figure out which of these hundreds or even thousands of aspects of legislation are important enough to flag up to hon. Members more widely. That is a small point but it needs making. Other issues arise relating to “tertiary” legislation and the powers the Bill is giving to agencies and regulators to make, or to amend or remedy, laws. Again, I would like these things to be flagged up in plain English, wherever possible, so that parliamentarians can know about them. In essence, new clause 21 is about transparency, clarity and shining a light on this complicated bandwidth of activity that is about to hit all hon. Members, and that is important.

The only other point I wanted to make on this group—

[Craig Mackinlay (South Thanet) (Con)]

The hon. Gentleman has been a Member of this place for far longer than I have. We have lived through 40-odd years of what he is now describing as “dense and complex” legislation which applies to the UK, but only at this stage does he seem to be concerned about what that legislation really means. Why has he not been so similarly vexed and exercised these past 40 years?

[Mr Leslie]

I have been vexed and exercised for quite a long part of the past 40 years, but that is my problem. The hon. Gentleman should know that as we go forward we are creating a new type of legislation. It is true that many of the European directives and regulations have been adopted over the years in different ways, but we are now importing this great body of EU retained law. It is going to affect him and his constituents, as well as my constituents. The first point to make is: can we understand what it is? That provides a useful opportunity in this exercise—

EU Exit Negotiations

Lord Mackinlay of Richborough Excerpts

Monday 13th November 2017 Commons Chamber

[Mr Davis]

My hon. Friend is entirely right. It is a meaningful vote, but not meaningful in the sense that some believe—that the decision can be reversed. That is not available to us.

[Craig Mackinlay (South Thanet) (Con)]

I too met Monsieur Barnier in Brussels last week. I am sorry if I left him for the Secretary of State in anything like a bad mood. I perceive my right hon. Friend’s approach to be fair and reasonable, giving ground where necessary, but this is feeling a little like a one-way street. Does my right hon. Friend share my view that this unreasonable intransigence is becoming as wearing on him as it is on the British electorate?

Leaving the EU

Lord Mackinlay of Richborough Excerpts

Tuesday 24th October 2017 Commons Chamber

[Craig Mackinlay (South Thanet) (Con)]

In addition to the infrastructure costs of customs and borders, which are the right things to plan for, is it not incumbent on parliamentarians and Departments to speak to businesses and say, “This is what WTO means”? As the days progress and as the intransigence of our EU partners sadly does the same, it is looking more and more likely that WTO rules will apply, and that is nothing to be fearful of.

[Charlie Elphicke]

My hon. Friend makes a powerful point. Half our trade is conducted under WTO rules, and we manage that quite successfully.

We have spent long enough waiting for the EU to get its act together. Three quarters of the country agrees that we should be prepared to walk away if progress cannot be made, and it is vital that we have the option to do so and that we are fully prepared. That is why we must be ready on day one to forge ahead on day two —deal or no deal.