European Union (Withdrawal Agreement) Bill
Joanna Cherry ExcerptsWednesday 22nd January 2020
(4 years, 11 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Commons Consideration of Lords Amendments as at 22 January 2020 - (22 Jan 2020)
Steve Barclay
I always listen intently to the constructive points put by my right hon. Friend, my predecessor but one. I draw his attention to the fact that we are committed to consulting the senior judiciary on our approach to this matter, which is my right hon. Friend’s underlying point.
Joanna Cherry (Edinburgh South West) (SNP)
The Secretary of State says that he is going to consult the devolved Administrations. However, the problem is that at present the Government speak to them without taking any cognisance of their answers. Will he give me an assurance that when he consults with the devolved Administrations on this matter, he will not only listen but actually take their advice on board?
Steve Barclay
There was a meeting between Ministers and devolved Government representatives yesterday about taking on board the input of the devolved Administrations during our discussions on the next phase of negotiations. There have been instances in which my counterpart in the Scottish Government has paid tribute to one of the Ministers in the Department, for example, in the early consultation on the withdrawal agreement Bill. I appreciate that the hon. and learned Lady’s position will always be to desire more consultation and for the UK Government to take further note, but we are consulting and will continue to do so.
Joanna Cherry
I am grateful to the Secretary of State for giving way again. It is not that I desire more consultation, but that I want the British Government to take on board what the Scottish Government say—
Joanna Cherry
Effective consultation, as the hon. Gentleman says.
As the Secretary of State will know well, the difficulty is that the Cabinet Secretary Michael Russell, the most senior Scottish Government official with whom the British Government deal, is clear: he is listened to if he is lucky, but they never take his advice on board.
Steve Barclay
To say “never” contradicts comments that Mr Russell has himself made, but the hon. and learned Lady has made her point about consultation.
Joanna Cherry
Should not the Scottish National party’s Front-Bench spokesman have been called?
European Union (Withdrawal Agreement) Bill
Joanna Cherry ExcerptsThursday 9th January 2020
(4 years, 11 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 8 January 2020 - (8 Jan 2020)
Sir John Hayes (South Holland and The Deepings) (Con)
May I welcome you, Mr Deputy Speaker, to your place? I look forward to your wisdom and benevolence.
In our age, hyperbole is commonplace. Exaggeration permeates debate and colours discourse. Superlatives litter our language. Yet there are few in this House who would disagree with my claim that it is almost impossible to exaggerate the significance of the Bill and what it facilitates—our departure from the European Union. The case I make today is that even more important than the Bill’s provisions is its purpose. Even more important than leaving is the reason that we are leaving. That is the people’s rejection of the prevailing political paradigm that the chatterati and glitterati, the denizens of the liberal elite, believed for years was beyond question. At the core of this perversity was an attachment to pan-nationalism and a consequent affection for supranational governance. This led, among the liberal establishment, to a diminished sense of meaningful place. They came to regard it as not just permissible but desirable to erode the familiar touchstones of enduring certainty.
Sir John Hayes
I won’t right at the moment; perhaps a little later. I know the hon. and learned Lady will want me to repeat that poetic phrase: the familiar touchstones of enduring certainty, epitomised by a spirit of local allegiance and a sense of national pride. The truth is that the bourgeois liberals—and at that point I give way to the hon. and learned Lady.
Joanna Cherry
I am not going to deny that I am a bourgeois liberal, but many people in Scotland who are not bourgeois liberals voted to remain in the European Union. Will the right hon. Gentleman acknowledge that the situation he is describing pertains in England but not in Scotland, where 62% of the population voted to remain and where my party, which I do not think really could be described as a bourgeois liberal party but does contain some old bourgeois liberals like myself, won 48 of the 59 seats? Will he do us the courtesy of acknowledging that he is talking about England, not Scotland?
Sir John Hayes
I congratulate the hon. and learned Lady on her honesty. She separates herself not only from most of her party but from most of the voters. She says that she is part of the bourgeois liberal elite, but they are not.
Joanna Cherry
The right hon. Gentleman has made a very personal comment about me separating myself from most of my voters. Would he like to explain why, if I have separated myself from most of my voters, my majority over the Conservative and Unionist party went from 1,000 to 12,000 votes in the general election?
Sir John Hayes
One day, if the hon. and learned Lady continues, and maybe she will for many, many years, she just might attain the 30,000 majority that I got in South Holland and the Deepings, but I think it is very unlikely indeed.
As I say, the bourgeois liberals find it hard to stomach that hard-working British patriots do not share their affection for globalisation and their preoccupation with diversity.
European Union (Withdrawal Agreement) Bill
Joanna Cherry ExcerptsTuesday 7th January 2020
(4 years, 11 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 7 January 2020 - (7 Jan 2020)
Steve Barclay
We will debate at length tomorrow the provisions relating specifically to Northern Ireland, but there is a further sovereignty within the Bill in respect of Northern Ireland. I do not want to stray too far into that debate now, but there is a consent mechanism that pertains specifically to the Northern Ireland protocol, so there is a further sovereignty lock in that regard. However, that is a matter for the groupings that we will address tomorrow.
Turning to clause 3, we are confident that the list of so-called glosses set out in clause 2 works in all the cases that we have examined, and I pay tribute to the officials who have trawled the statute book in that regard. However, it is right that we, as a responsible Government, reserve the ability to nuance the impact of those technical changes should unforeseen issues arise during the implementation period. The power set out in clause 3 provides for that. The Bill gives five different applications for that power. Three relate to the glosses. The power can add to the glosses; it can make exceptions; and it can be used to make different provisions from the list, if for any reason we need to change a gloss in a specific case or set of cases. The power has two further applications: it can be used to tidy up the European Union (Withdrawal) Act 2018 and to cover any specific technical inoperabilities that may occur that have not been foreseen. It is appropriate, prudent and sensible that the Government are prepared in this regard, which is why those five elements are in the Bill.
Joanna Cherry (Edinburgh South West) (SNP)
Analysis by the Scottish Parliament Information Centre, which is the equivalent of the House of Commons Library and is therefore independent, notes that clause 3 empowers UK Ministers acting alone to make provision in devolved policy areas. The Government’s delegated powers memorandum states that they will not normally do so without the agreement of the relevant devolved Administration, but as the Secretary of State will be aware, the Sewel convention does not apply to delegated legislation. Does he therefore agree that this power shows that the Bill is indeed the power grab that the Scottish National party has always said it is? If it is not, why is it there at all?
Steve Barclay
The hon. and learned Lady is incorrect in saying that. First, this is an international agreement, which is a reserved matter—a matter for the United Kingdom. Secondly, these are glosses—technical issues—in terms of the tidying up that I set out, and they are tightly defined. Thirdly, the devolved elements are addressed by giving the devolved Assemblies the power, through clause 4, to do further glosses themselves.
Joanna Cherry
I am sorry, but the Secretary of State is simply wrong about that. On any legal analysis, it is quite clear that clause 3 gives UK Ministers acting alone the power to make regulations in relation to areas of devolved competence. I reiterate my question: why is that power there at all if the Government are not intending to use it to take powers away from the Scottish Parliament and other devolved Administrations?
Steve Barclay
Again, with great respect to the hon. and learned Lady, she is over-reaching in the interpretation that she is applying to clause 3. It is a technical provision that allows for technical changes—glosses to terminology —such as the example that I gave the Committee a moment ago of how EU citizens may be defined. The clause is for technical changes in unforeseen areas, rather than fundamental changes of powers. Indeed, we have given an equivalent power through clause 4, in respect of the ability of the devolved authorities to do exactly the same thing or very similar.
Clause 3 must stand part of the Bill to ensure that the statute book is maintained and that any unforeseen technical issues that arise in future are addressed. That is why clause 3 is required. It is not as the hon. and learned Lady characterises it; it is a technical provision for glosses for any issues that were unforeseen at the time of the Bill’s passage.
Joanna Cherry
Could I probe that a bit further? In clause 4, proposed new paragraph 11B specifically provides that Scottish Government—and indeed Welsh Government —Ministers cannot make any provision outwith devolved competence. However, there is no equivalent provision in clause 3 saying that the British Government cannot not use the powers to make regulations about devolved matters. If this is just technical, as the Secretary of State says, why will he not agree to include a similar qualification in relation to the British Government’s powers? If he will do so, could that perhaps be addressed in the House of Lords?
Steve Barclay
That is not something that I would urge the other place to address, because this is a provision to address unforeseen areas in which technical changes may be required in the tightly constrained areas set out in clause 3. The hon. and learned Lady turns to clause 4, which confers on the devolved authorities a broadly equivalent power to that set out in clause 3. Where legislating for the implementation period falls within devolved competences, it is right that legislative changes can be made by the devolved authorities, with which I am sure she would agree. Therefore, the change in clause 4 provides the devolved authorities with corresponding powers to those set out under proposed new section 8A(1) of the European Union (Withdrawal) Act 2018, as outlined in clause 3, so far as they are exercised within the devolved authorities’ competences.