(6 years, 9 months ago)
Commons ChamberThe right hon. and learned Gentleman and the Labour party are completely neglecting our duty to safeguard the national interest in the course of these negotiations. I can understand why he and those behind him would want the reports in the press to be accurate. Fundamentally, they do not wish to leave the European Union. For them, good news is a disaster and bad news is a welcome confirmation of their world view. They await each set of employment figures with eager anticipation, only to have their hopes dashed when every set shows an ever-increasing number of people in work. They gleefully celebrate warnings from banks about the possibility of jobs moving to the continent, then they have to retreat when, a few months later, the banks assert the supremacy of the City of London. I do not blame them. They care passionately about remaining in the European Union and they want to overturn the result, but their strategy is becoming clear: demoralisation, delay and revocation. However, that is not what our parties stood for at the last election. Our parties were clear that we would respect the result of the referendum, and that requires the Government to deliver the best possible Brexit. That is what we are trying to do.
As I said in the opening words of my reply, when the time comes for a meaningful vote, the Government will ensure that the House is appropriately informed. However, we can see what some of this economic analysis could be worth. Let us take as an example the respected Bank of England. What institution could be more respected for its analysis? In August 2016, it made a quantitative forecast of the impact of Brexit, saying that exports would go down by 0.5%, but they went up 8.3%. It said that business investment would go down by 2%, but it went up by 1.7%. It said that housing investment would go down by 4.75%, but it went up by 5%. It said that employment growth would be zero—flat—but it went up to a new all-time high. The public deserve to see the national interest protected in these negotiations and to have a House of Commons of representatives who exhibit a healthy scepticism about economic forecasting.
It is perfectly obvious to everyone on both sides of the channel that if the United Kingdom leaves the largest and richest multinational free-trade area in the world and constructs new barriers by way of tariffs, customs or regulatory barriers between ourselves and that market, future generations will to some degree be poorer than they would otherwise have been. Does the Minister not accept that the Government should feel themselves under a duty to have the best-informed debate in this House and in the country on the possible consequences of likely scenarios now, when the Government are deciding what their ultimate policy is going to be, and continuously throughout the vital next 12 months when the final picture will start to emerge? Will the Minister stop pretending that this is something to do with defending our negotiating position or that it is some kind of perverse attempt to reverse the referendum decision, and accept that he has failed, actually, to protect the Government from political embarrassment?
The public have made a profoundly important strategic choice, which is to leave the European Union. That means that the Government need to deliver free trade on a new basis: on the basis not of political integration but of a new deep and special partnership with the European Union. It is the Government’s intention to deliver the best possible and most frictionless trading with our friends in the European Union, which it is in all our mutual interests to do. My right hon. and learned Friend talks about our duty, and he knows well that our duty is to look after the national interest of our constituents and of our country. That is exactly what we are seeking to do as we take these negotiations and this analysis forward.
(6 years, 10 months ago)
Commons ChamberVoices of inspiration, I trust.
My hon. Friend mentioned the withdrawal Bill several times. Am I right—to be absolutely clear—that the withdrawal Bill will come forward and be considered, and probably approved, by this House before any withdrawal agreement is ratified, that we will not be presented with a Bill to implement an agreement that is already binding on the United Kingdom, but that actually the Government will not ratify any agreements until the House of Commons has first given its support and approval?
The situation is set out in detail in the written ministerial statement that we laid. Both Houses will have meaningful votes on whether to accept the agreement. It is my expectation that we would not ratify before that primary legislation has gone through.
New clause 1 was tabled by the Labour Front-Bench team. It seeks to place limitations on the use of existing and future powers to amend and modify retained EU law. It is absolutely right and necessary for existing domestic powers granted by Parliament in other Acts and any future delegated powers created after exit day to be able to operate effectively and without inappropriate fetter within UK domestic law after our departure from the EU. This includes parts of our existing domestic law which will become retained EU law after exit day, as well as retained direct EU legislation which will be converted into our domestic statute book.
The Bill’s current approach to existing and future delegated powers aims to ensure the successful operation of retained EU law within our domestic statute book beyond the time limits for the Bill’s more limited specific powers. Adopting the new clause, on the other hand, would undermine the position of certainty and have several detrimental effects that would risk creating significant confusion in the UK statute book. First, limiting the modification of retained EU law by existing and future delegated powers only to when this is necessary
“to maintain or enhance rights and protections”
could have uncertain consequences. A test of necessity would impose a high burden that may prevent powers from being used in the most appropriate and relevant way if the regulations they create are not deemed truly necessary for the protection of rights. That could mean that existing and future delegated powers would be unable to amend or modify irrelevant or unsuitable parts of the statute book, leading to ossification of parts of retained EU law within UK domestic law and creating confusion and uncertainty.
Secondly, a restriction of that nature inevitably will increase the possibility of legal challenge against any use of these delegated powers. That would create needless uncertainty for businesses and individuals and risk holes emerging within the domestic statute book. Finally, the measure would also impose significant consultation requirements on the exercise of the delegated powers, the use of which is running against the clock. I understand and support the intention to ensure that all relevant stakeholders, as well as the general public, are aware of the situation and can engage as new legislation is developed. However, the blanket approach suggested under the new clause would be excessively and needlessly onerous. It would risk delays to the implementation of important changes.
In using both existing delegated powers and those created in the future, the Government will, of course, remain bound by the rules and procedures laid out in the parent Act, as well as the accepted statutory instrument processes. I will take this moment to say that I am proud of what we have done to clause 7 to make sure that we have contained the list of deficiencies while making sure that it is amendable through the affirmative procedure.
Turning to new clause 22, I think that I satisfied my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) earlier in the debate, but he is not in the Chamber so, if the House will allow me, I will move on to new clauses 14 and 15—
(6 years, 11 months ago)
Commons ChamberThe hon. Lady tempts me to dilate on the details of the implementation period, which are to be negotiated, but that is not my purpose today, because it is not the purpose of this Bill. The purpose of this Bill is to deliver a functioning statute book as we leave the European Union.
With that in mind, I turn to new clauses 10 and 54 on the transitional or implementation period. Both new clauses seek to impose conditions on what form the implementation period the Government are seeking will take. I am grateful to my right hon. and learned Friend the Member for Rushcliffe for his new clause, which attempts to write the Prime Minister’s vision for an implementation period into statute. That would be a novel constitutional change. Nevertheless, I welcome it in the sense that it is a ringing endorsement of Government policy. New clause 10, however, differs in some key regards from our vision.
The Government cannot accept these new clauses. The Prime Minister has set out a proposal that is now subject to negotiation. We are confident of reaching that agreement, but it would not be sensible for the Government to constrain themselves domestically in any way while those negotiations continue. We are making good progress, and it is in our mutual interests to conclude a good agreement that works for everyone. We do not want to put the legislative cart before the diplomatic horse.
In referring to the transitional or the implementation period, my hon. Friend has at various times used phrases straight out of the Florence speech, and he has accepted that the new clause in my name is identical to stated Government policy on the subject. In what way does it restrain the Government’s position to put their own policy in the Bill and ask the Prime Minister, as the new clause does, to seek to attain that which she has declared to be her objective? That is not a genuine reason for rejecting it. He is rejecting it because agreeing with the Florence speech still upsets some of our more hard-line Eurosceptics both inside and outside the Government.
Of course I have read it—it is here in my hand. I have read it but I have not gone back and done his homework for him to check and mark his work.
I make two points to my right hon. and learned Friend. First, as I said, it would be a constitutional innovation to begin putting statements of policy for negotiations in legislation. That is a good reason not to accept the new clause. The second point—[Interruption.] He says that it is not a good reason. He is the Father of the House and he has occupied many of the great offices of state. I would be interested to know when, in his long and distinguished career, he accepted that principle in legislation.
I have never previously seen members of the Government debate a clear exposition of Government policy from the moment it is first announced. That gives rise to serious doubts about exactly what the Government are going to pursue in the transition deal, and these exceptional and unprecedented circumstances are doing harm to Britain’s position. I cannot see what harm would be done by giving the approval of the whole House to the Government’s stated objectives in the Bill. The fact that it has not been done before is not an argument against it; it answers a situation that has not happened before, either.
My right hon. and learned Friend has caught himself in a contradiction. In this exchange, he has rested his argument on knowing exactly what the Government’s policy is, but in his last intervention he said that he did not know what it was.
My second point concerns subsection (2) of my right hon. and learned Friend’s new clause—[Interruption.] I would just like to make this point. The subsection states:
“No Minister of the Crown shall appoint exit day if the implementation and transition period set out in subsection (1) does not feature in the withdrawal arrangements between the UK and the European Union.”
That would cause a problem if the new clause were accepted and we reached the point at which the treaties no longer applied to the United Kingdom. We would have legal chaos—my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) talked about this earlier—if we had not commenced this Bill when the treaties ceased to apply. For both those reasons, we simply could not accept the new clause.
(6 years, 11 months ago)
Commons ChamberThese are matters for my right hon. Friend the Home Secretary and the Bills for which her Department is responsible. I hope the hon. Lady will forgive me and understand that it is with the Home Office that these matters need to be taken forward. This Bill is about how we leave the European Union with certainty, continuity and control in our statute book.
Amendments 15 and 16 are on the power to deal with deficiency—
I understand my hon. Friend’s difficulties. He is responding to new clauses and amendments on an amazingly wide range of topics that keep going into other departmental areas, but it is quite useless if the winding-up speech consists of the Minister saying in a series of statements that he is in no position to answer the questions. If there is an important Home Office question, as there is with the issue of child refugees, it would be normal for a Home Office Minister to be in attendance and to rise in some suitable way to answer the debate. My hon. Friend is reading very competently his carefully prepared brief, which concludes at every stage by saying, “I hope that the amendment will be withdrawn.”
I am grateful for my right hon. and learned Friend’s intervention, which has disappointed me neither in the sympathy that he expressed for my predicament nor in the sting in its tail. The Bill is the responsibility of the Department for Exiting the European Union, with the collaboration of other Ministers who are assisting in its passage. He is absolutely right that it covers a wide range of issues. I believe that I have given an answer on the particular point raised.
On two points of technical legal detail, I have asked for my memory to be jogged in the course of the debate, and I very much hope that I will be able to give an answer before I sit down. My right hon. and learned Friend will understand that I am not, like him, a learned Member of this House; I am a humble aerospace and software engineer. It is necessary for me to go through the clauses of the Bill that relate to parliamentary scrutiny and do not require technical legal expertise.
(7 years ago)
Commons ChamberI am very grateful to my right hon. Friend. He has perhaps anticipated my speech by a few paragraphs.
UK Ministers and Ministers in the devolved Administrations have made nearly 6,000 domestic regulations under section 2(2) on topics as disparate as air fares, public contracts and preserved sardines. The House, of course, has not remained supine in absorbing all this legislation. We have benefited from the tireless work of the European Scrutiny Committee, chaired so ably by my hon. Friend the Member for Stone (Sir William Cash). It has scrutinised a vast number of EU documents, supporting this House in holding Ministers to account when representing our interests in the EU. Its work has been of paramount importance in holding Ministers to account and maximising the voice of this House on EU matters. On occasions, deliberations in this House have influenced the laws adopted by the EU, but ultimately this House was, on every occasion, obliged to implement our EU obligations. We could not refuse new EU law because of our obligations to the EU.
Does my hon. Friend accept that most of this legislation is proposed by the Commission, considered by the Council of Ministers, including a British Minister, and, nowadays, approved by the European Parliament before it becomes law? Can he name a significant European law or regulation that was opposed by the British Government at the time, which the Government are now proposing to repeal? Most Brexiteers cannot think of one.
I am most grateful to my right hon. and learned Friend. I think the question at stake here is not whether there are legitimate processes in the EU; it is whether we approve of them. The one that I am always glad to bring to people’s attention is, of course, the ports regulation, which we will have to stick with all the while we are within the EU. It is perhaps unique in being opposed by the owners of ports, trade unions and, it seems, all parties involved with our strategic interests in ports. They are all opposed to that regulation. I very much look forward to the day that we can make our own decisions about how our flourishing private sector infrastructure works.
(8 years, 8 months ago)
Commons ChamberI rise to support the Budget and, in particular, to welcome the Government’s supply-side reforms. This has been a dramatic Budget, and I would be failing the Government if I did not concentrate on the areas of drama. First, on the disability reforms, the challenge before the Government is clear: to deliver a policy that we can all be proud to defend in our constituencies and in front of any objective scrutiny. I do not think we would have been able to do that if the Government had not wisely made the decisions that they have over the past few days.
When I look at page 150 of the OBR’s report, on the successive forecasts for spending on disability benefits, I can see that the Government’s envelope within which to deliver this humane disability policy is very clear. When we came to power in 2010, the Government were spending £12 billion on disability benefits, which rose to £16 billion by now, which is an increase of a third. The figure is forecast, with the reversal of the PIP measures, to reach £18 billion by 2020-21. It is clear that the Government have an envelope within which to work to ensure that we have a world-class policy that any of us can defend, even in an environment of fierce and partisan political attack.
I signed the two amendments on VAT to highlight the extent to which VAT is controlled by our membership of the European Union. Neither amendment has legislative effect. I congratulate the hon. Member for Dewsbury (Paula Sherriff) on her amendment, which, as she said, makes clear our intent to zero rate tampons and other sanitary products. Of course, both amendments are pursuant to Government policy, and this is the bitter irony of our membership of the EU. We had to have a dramatic row over VAT in the context of an EU referendum in order to secure the following commitment from the European Council:
“The European Council notes that the Commission intends to publish shortly a communication on an action plan on VAT. It welcomes the intention of the Commission to include proposals for increased flexibility for Member States with respect to reduced rates of VAT, which would provide the option to Member States of VAT zero rating for sanitary products.”
That is welcome, and it is clear that the Government’s policy and the House’s wish is that sanitary products should be zero-rated. It is welcome that the Government have secured this change of EU policy but, particularly as a participant in the campaign, I do not want us to have an EU membership referendum every time we want a different policy on our second largest tax.
Will my hon. Friend accept that British Governments have always supported the idea of having an EU framework on VAT? Otherwise, the problem is that there is pressure on Governments to compete with each other in lowering the tax on selected products when they think that their manufacturers or producers will benefit. Also, it is very difficult to operate an open trade area if everybody is going for competitively different tax rates. If we go too far down that path, the main beneficiaries are smugglers.
My right hon. and learned Friend raises some interesting points and, although I am grateful for the additional minute for my speech that he has given me, I cannot touch on all of them. He illustrates the difficulty of operating a customs union among interventionist nation states. The old doctrines of liberalism did not require that one got rid of non-trade barriers, for the most part. There were no non-trade barriers because laissez-faire was the norm. I abridge an argument that could be made at much greater length, but at the heart of the exchange that we have just had is the difficulty involved in interventionist nation states attempting to engage in free trade. In a world of globalisation, air travel and the internet, we need some degree of harmonisation on a global scale, provided that that enjoys democratic consent. That is probably a subject for another debate, but I am grateful to my right hon. and learned Friend for his intervention.
Until the VAT directive 2006/112/EC is changed, it will be technically unlawful under EU law for any amendment to be introduced in UK law, even if it is not applied and takes effect in the future. That is the situation that we face. It is similar to the situation concerning insulation products, on which a judgment in the European Court of Justice on 4 June 2015 ruled that
“The United Kingdom cannot apply, with respect to all housing, a reduced rate of VAT to the supply and installation of energy-saving materials, since that rate is reserved solely to transactions relating to social housing.”
That is the position in law while we are in the EU. Although I hear what my right hon. and learned Friend says, it is a fact that while we remain in the EU, we cannot control what is currently our second-biggest tax. I am grateful that we have had this opportunity to put this part of the EU membership debate on the public record and have it discussed in the media. I am particularly grateful that the Government will not be opposing either amendment. If there is a Division, I shall certainly vote for amendment (a) and I shall probably abstain on amendment (b).
Perhaps the most dramatic aspect of the Budget is a subject that I have talked about at every Budget. It is a subject that I mentioned in my maiden speech—the insane state of monetary policy all around the world. If the European Central Bank was printing €80 billion of new money every month in paper and shipping it around the continent in articulated lorries, it would already have destroyed faith in paper currency. Yet, because the process is one of buying Government and corporate bonds, we simply notice a recirculation of money and celebrate the coarse aggregate results. In 25 seconds, I cannot give a lecture on capital-based macro-economics—[Hon. Members: “Oh!”] If Opposition Members would like to call a Back-Bench debate on the subject in their own time, I would be glad to give them the lesson. I welcome this Budget, but its dramatic consequences will be felt much later as a result of easy money.
(9 years, 5 months ago)
Commons ChamberMost of what my right hon. and learned Friend has just said could be applied to democracy itself, yet still we trouble ourselves with it.
Which is why I believe that the parliamentary system of democracy is so very good. A representative body of people elected from time to time have continuous responsibility for step-by-step decisions, and eventually they have to face the consequences of their decisions and can be removed. But we are already going wide of the amendments.
(10 years ago)
Commons ChamberMay I ask the shadow Home Secretary to reconsider the rather extraordinary step she has taken of presenting this archaic motion and, indeed, ask the House to consider quite where we are getting to on this issue? Nobody enjoys a good procedural row in the House of Commons as much as I do, and this is one of the best we have had for many years. It is perfectly straightforward—people are entitled to do this if they wish—but the House ought to reflect on what impression this is going to give to the outside world if we are not careful. We are discussing serious matters, yet we are all frolicking about in a rather schoolboy manner while the Whips try to get people to come back for an unexpected debate early in the evening. Let us be candid about what is happening.
Some 20 or 30 years ago, this sort of thing was quite excusable, and people just thought it was one of the things this House did, usually at bizarre hours of the night. Nowadays, that is not the mood out there and we have to be careful that we do not feed the thoughts of those who do not have a very high regard for parliamentary debate and for party politics, and who believed they were told to expect, as every Member of Parliament expected, that we were going to spend an evening having a serious discussion on how we organise our policing and criminal justice system to deal with the extremely important and growing problem of international and cross-border crime. If the whole thing collapses in time for everybody to go and have a good dinner in the early evening, that will not rise to the expectations of serious members of the public who expect us to have a proper debate.
I disagree with my right hon. and learned Friend profoundly. I came into politics only because I was sick of the state of it, yet tonight I see the House of Commons alive. We have the opportunity to find out whether the Government are even asking the right questions. Surely he can see that this is about Parliament seizing back the initiative and reconnecting representatives with the public, who are so upset, largely because of the incompetence of the Labour party.
I have every respect for the strongly held views of quite a lot of Members, including a lot on my side, who do not agree with me on this evening’s measures, but I think we would win back the respect of the public if we had a serious debate on them. We will not if we bog ourselves down in arcane procedural arguments, most of which are a novelty to people sitting in the Chamber at the moment; we are going into hitherto unknown areas. I have never previously heard a Front-Bench spokesman move this motion at any stage in any serious debate, and I do not expect I will for many years to come.
I sympathise with the shadow Home Secretary’s position; indeed, I agree with her on quite a lot of things. Her problem is that she is leading for the Opposition when in policy terms she agrees with absolutely everything the Home Secretary is proposing, and so do I. I congratulate the shadow Home Secretary on her responsible approach to the subject. Everybody in this country responsible for the fight against crime and for the criminal justice system, and wanting to protect the public, is in favour of this opt-in. I am even more closely aligned with her than with some of my colleagues. I voted with her on the Maastricht treaty. I also voted with her on the Lisbon treaty, which paved the way for these international agreements being reached. That has enabled us to be so much more effective than we used to be in dealing with international criminal fugitives, who not only thrived on the Costa del Sol but were very present in London when they fled to this country before we steadily began to develop today’s arrangements.
The shadow Home Secretary has, however, got absolutely no arguments against the Government’s proposals on the merits. She is therefore making a mountain out of a molehill of a parliamentary procedural thing, which she thinks serves her purpose. Of course she is also enjoying herself, which I quite understand in ordinary party political terms. She is allying herself with my right hon. and hon. Friends who profoundly disagree with her and with the Home Secretary, and who are totally opposed to me in my support for these criminal justice measures. The alliance between the shadow Home Secretary and some of the most dyed in the wool Eurosceptics in this House is a very unlikely one, but I go back to where I started.
(11 years, 8 months ago)
Commons ChamberIt is clear from the amendment that we do not seek to allow the House of Commons to elect anybody, and it is not a veto but an opportunity for the Prime Minister to approve candidates. Such a mechanism could take place in private; it would not need to be all over the front pages that someone had been turned down. The process could be done beforehand and the candidate would just have to obtain formal written consent for them to stand.
My hon. Friend is confident that if someone starts campaigning and positioning himself or herself for this job, but then suddenly stops campaigning because the Prime Minister puts an end to it, it will all remain secret and no one will accuse the Prime Minister of political bias—whereas actually they will, and everybody will realise that something about the candidate has caused the agencies successfully to blackball him or her. We cannot agree to that. Some of the Members I am talking about have served in government and would have been perfectly suitable to be Chair of the Health or Education Committees, but partly because of the job I was once in, I knew that I would not have put them on this particular Select Committee and would have wanted the Prime Minister to stop that appointment. I do not think there is an answer to that.
The system has been devised in such a way because Members on both sides of the House, and current members of the Committee, have done their best to make this as democratic and parliamentary as we possibly can. The Wright Committee has transformed things in this House. The Government have introduced the election of Select Committees and they are being made more powerful. Alongside that reform, we are making the Intelligence and Security Committee far more parliamentary and powerful. The fact that there is a comparatively detailed difference in the way that Parliament votes for the Committee members and how the Chair is elected does not undermine the policy and the Bill.
I hope I have explained why everybody involved, including those on the Opposition Front Benches and my allies in the Liberal Democrat party, have been driven to the conclusion that this is the best way of resolving the problem and moving to a decent amount of parliamentary democracy, without jeopardising our national interest. I therefore hope I can persuade my hon. Friend the Member for Wycombe to withdraw the amendment and persuade the House to give the Government power to continue negotiating these finances by accepting amendment 58.
Not for the first time I have made common cause with a well-known Member from the left of the Labour party, and I am grateful that on this occasion I have done that for the first time with the hon. Member for Walsall North (Mr Winnick). I was also grateful for the support from my hon. Friend the Member for Altrincham and Sale West (Mr Brady), who brings to bear his experience from the Wright Committee.
Some of the arguments against these elections have been somewhat ingenious, and I shall treasure Hansard tomorrow when I look at the remarks of the right hon. and learned Member for North East Fife (Sir Menzies Campbell), who I think brilliantly set out the advantages of appointment over democracy. I shall look at that with some joy. We have all understood what the Bill provides; it certainly takes us forward although, as I have said, I would prefer the Chair to be elected in the way that I outlined. I am glad we have held this debate and aired the issue.
The Opposition have said that this provision puts the cart before the horse, but they did acknowledge the context, which is crucial. We have seen encroachments on the principles of liberty and justice, which many of us thought we were sworn to defend. However, in the view of this Government, and the previous Government, such measures have proven necessary to protect the public, and we are where we are. With that in mind, and having listened to both Front-Bench speakers, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Schedule 1
The Intelligence and Security Committee of Parliament
(13 years ago)
Commons ChamberWe debated all this last week. We are still spending £50 million on legal aid for welfare law, even as we have revised and cut it back, and cut out areas where, frankly, legal assistance is not necessary, appropriate or justified. Our proposals affect England and Wales only, and the provision of legal aid in Scotland is not a matter for me.
T9. Do the Government agree that magistrates are a vital and integral part of the justice system, and that they must be supported and encouraged to play a part in neighbourhood justice?