(6 years, 1 month ago)
Commons ChamberThe Minister knows that I am the vice-chair of the British-Irish Parliamentary Assembly, of which he is a much-missed member. The assembly recently visited the Scottish Parliament, where we were shown the recent report. I have recently been to Wales and BIPA has just had its conference in London. The Minister greatly respects the United Kingdom and its constituent parts, but may I pick up on what the Secretary of State said? It is not good enough to keep on talking to Cabinet colleagues; Brexit is undermining the integrity of the Union. How often has the Secretary of State visited the Scottish Parliament, the Welsh Assembly and Northern Ireland to talk to the people there about how they really feel about the strain in our constitution?
I congratulate the hon. Lady on her important work with BIPA, of which I was a keen member as a Back Bencher. We take the Union very seriously. The Secretary of State regularly meets representatives of the two devolved Governments and the Northern Ireland civil service at the Joint Ministerial Committee. Although he is relatively new in his role, I am sure that he will visit all four parts of the United Kingdom during the course of his duties.
(6 years, 6 months ago)
Commons ChamberThe Secretary of State and I have regular discussions with ministerial colleagues about how to avoid a hard border between Northern Ireland and Ireland, and the joint report in December made it clear that the UK is committed to avoiding any physical infrastructure or related checks and controls. By accepting Lords amendment 25, the House has reiterated that position.
I am grateful for that reply, but does the Minister’s reassurance fly in the face of some of the facts on the ground? The Chief Constable of the Police Service of Northern Ireland has stalled the sale of three police stations on the border and submitted a business case for up to 300 officers. Have the Minister and his Cabinet colleagues discussed that proposal and will they be supporting it?
I think the hon. Lady may have misheard me. I said that there would be no resources spent on going against our commitments on the border. That is the point I was making. Obviously, resources allocated by the Government are really a question for the Treasury and the Northern Ireland Office.
(6 years, 7 months ago)
Commons ChamberOfficials are undertaking an intensive work programme with the European Commission and the Republic of Ireland to negotiate in detail all the issues and scenarios set out in the joint report at the March Council. As the Government made clear in the joint report published in December, we are absolutely committed to avoiding a hard border between Northern Ireland and Ireland, including any related checks and controls, as the UK leaves the EU.
At the previous DExEU questions, my hon. Friend the Member for Darlington (Jenny Chapman) and I generously invited the Secretary of State to visit Northern Ireland. It was a bitter blow that he refused our offer, but we were pleased that he did manage to visit. Will he or the Minister tell us what people on the border thought about his proposed solution?
As the hon. Lady acknowledged, the Secretary of State did indeed visit Northern Ireland last week, as did the Chancellor of the Duchy of Lancaster and Minister. I have also visited on several occasions, including visiting the border and speaking to cross-border businesses. Everyone understands the importance of having frictionless movement of people and goods across that border. That is the aspiration of both the UK and the Republic of Ireland, and it is something that we will continue to pursue through the talks.
(6 years, 9 months ago)
Commons ChamberWe are working closely with the Treasury to prepare for a comprehensive and ambitious arrangement on financial services. The Prime Minister gave an indication of that in her Mansion House speech, and we are very clear that it should be in the interests of both the UK and the EU to reach agreement in this area, not least to protect the financial stability of Europe.
I very much welcomed the Secretary of State’s most recent answer, but it would be helpful to understand whether all the Government’s requirements can be met without any infrastructure whatsoever. Last night, my hon. Friend the Member for Darlington (Jenny Chapman) made a generous offer when she said that she and I would take him to the Irish border so that he could see for himself how it works now. I absolutely support her in that offer, so will he join us on a visit to see how the border works?
(7 years ago)
Commons ChamberLast week’s agreement recognised the rights of Northern Ireland citizens in line with the Good Friday agreement. Will the Government now be seeking the same rights for my constituents in Bristol to work, travel and live in the European Union if they choose?
The issue of onward movement in the European Union is, of course, one that we wish to continue to press; interestingly, the European Parliament made resolutions yesterday in support of the right of UK nationals to have onward movement in the European Union. We will continue to take that forward into the next phase of negotiations.
(7 years ago)
Commons ChamberI do not want to pre-empt the agreement that I believe can and will be reached in the not-too-distant future through the JMC process. That is not what we are legislating for. We are legislating for providing continuity and certainty across the UK. I have just described how we can ensure that that delivers for every part of the UK. That is important.
Amendments 168 and 175 are related to the amendments I have just discussed. They would remove the restrictions on devolved authorities using the correcting power and the withdrawal agreement power to confer functions that correspond to EU tertiary legislation. Examples of tertiary legislation include the vast majority of the technical detail of financial services law, which is set out in a form of tertiary legislation known as binding technical standards. They are functions that are currently exercised at EU level. Just as with direct, retained EU laws, the rules made under them apply uniformly across the UK. We therefore believe that where such functions need to continue, it is right and consistent with our overall approach for the decisions about who should exercise them to sit at UK level. Of course, it will be possible for UK Ministers to confer such functions on the devolved Administrations or devolved public bodies, if we agree together that that is appropriate. That will be subject to the wider negotiations on shared frameworks.
I will deal with amendments 166 and 170, again tabled by the hon. Member for North East Fife and amendment 173, which the hon. Member for Cardiff South and Penarth tabled. They would allow the devolved Administrations to sub-delegate the powers conferred on them by schedule 2. We do not advocate prohibiting sub-delegation by the devolved Administrations in every circumstance. It is explicit on the face of the Bill that sub-delegation is permitted for rules and procedures for courts and tribunals. Rather, it is our view that these powers should not be broader than is appropriate, and that sub-delegation by devolved Administrations should therefore not be admitted in every circumstance. However, as I said to the Committees, I should welcome any examples of areas in which Members believe that sub-delegation by devolved Administrations would be needed, and I will take away and consider any examples that are provided today. We are having discussions with the devolved Administrations as well, so they will also have opportunities to provide such examples.
Amendment 317 would take the unusual step of conferring on Welsh Ministers the power to make consequential and transitional provision. That is because the corresponding amendment to clause 17 would prevent UK Ministers from using the power in relation to matters that are within the competence of Welsh Ministers. It is not normal to confer such powers on devolved Ministers in an Act of Parliament. The Wales Act 2017 contained the power, but conferred it only on UK Ministers. Despite the great constitutional significance of that Act, there were neither calls for the power to be taken from UK Ministers in relation to devolved matters in Wales, nor calls for it to be granted to Welsh Ministers.
In the interests of transparency and accountability, we have sought to include in the Bill a number of significant consequential and transitional provisions that are necessary in relation to devolved matters. I should welcome any further explanation of instances in which devolved Administrations would need to make such types of consequential amendment. We do not currently think that there is any need for the power to be conferred on devolved Ministers as a result of the Bill that would reverse usual practice, and I urge Members not to press the amendment to a vote.
Let me finally deal with amendments 169, 172 and 176. I thank Members for their careful consideration of these technical provisions. The amendments relate to clauses that provide safeguards to ensure that due consideration is given when Ministers in devolved Administrations use their powers in ways that have implications for the rest of the UK. The amendments would, in effect, convert the requirements for devolved Ministers to gain the consent of UK Ministers when exercising the powers in certain circumstances into consultation requirements.
Let me turn first to the requirements included for international obligations and withdrawal agreement powers. Here the safeguards are focused principally on obligations that will need to be met at a UK level: the management of UK-wide quotas and our UK obligations under the World Trade Organisation agreement. We therefore believe that there is an important role for the UK Government to play in agreeing such amendments in these limited circumstances, given the broader consequences for other parts of the UK. Indeed, where the powers exist in order to implement the UK’s international agreements, it is important that that can be done expeditiously and fairly within the UK so that we can meet those international obligations, and that requires a common view across the UK.
Again, we have taken the view that the right approach is to require consent for that purpose. A requirement of consent provides a clear and decisive process for us to ensure that the interests of each part of the UK are taken into account. The requirements included for the correcting power are primarily concerned with our relationship with the EU. It is right that we consider any use of such powers that could prejudice the EU negotiations, and that is why we think it is right to include the consent requirements in the Bill.
I have made it clear that the Government stand ready to listen to those who have sincere suggestions for how we might improve the Bill. Today we have had a useful debate on this subject, and hon. Members have made the case that requiring consent might not be the right approach to the practical problem that I have described in relation to the correcting power in particular. Scottish Conservative Members and others have expressed concern about the issue. However, I assure the Committee that we will take away and carefully reflect on the suggestions that have been made today, and consider whether sufficient assurances can be provided through different means.
May I take the Minister back to new clause 70? Given the signals and impressions given by the House over many years in relation to British-Irish relations, he will appreciate the importance of what is happening today. Can he tell us when the Government decided not to accept the new clause? I understand that it was tabled several weeks ago. Did the Government make that decision before the weekend, or in the last few days?
The Government have made their position absolutely clear, but let me again reiterate our firm commitment to the principles of the Belfast agreement, and to ensuring that we respect and meet those principles throughout this process. I have offered to meet the hon. Member for North Down to continue this conversation and ensure that we do everything we can to meet those commitments throughout the process. I think it is important that we are listening and responding to these debates on behalf of the whole United Kingdom.
I conclude by extending my gratitude to Members for their thoughtful consideration of all these provisions. To allow us the time to consider the comments made and their important practical implications, including for our negotiations, I urge Members not to press their amendments today, but I reiterate the offer to continue to work with the hon. Lady and all others across this House, to ensure that we deliver on the principles and our commitments under the Belfast agreement.