6 Lord Field of Birkenhead debates involving the Attorney General

United Kingdom’s Withdrawal from the European Union

Lord Field of Birkenhead Excerpts
Friday 29th March 2019

(5 years, 8 months ago)

Commons Chamber
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Geoffrey Cox Portrait The Attorney General
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May I move on to the withdrawal agreement? First, I will give way briefly to the right hon. Member for Birkenhead (Frank Field).

Lord Field of Birkenhead Portrait Frank Field (Birkenhead) (Ind)
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If we pass the motion, given that we have business on Monday to continue to express our preferences, and if Mr Speaker were willing, could we not introduce a motion that captured what we decide today—if that is to accept the divorce settlement—with the motion that the Father of the House, the right hon. and learned Member for Rushcliffe (Mr Clarke), put to us to vote on this week, which came the nearest to being passed, so that we would have the divorce settlement and alternatives, including the customs union?

Geoffrey Cox Portrait The Attorney General
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Plainly, that would be open to the House to do. The problem is that we would have lost the legal right to the extension, so we would apply to the discretion of the Union for it to be granted.

Let me come back to the political declaration, because it is important that I should say a few more words about it. The process that is—

European Union (Withdrawal) Act

Lord Field of Birkenhead Excerpts
Tuesday 15th January 2019

(5 years, 10 months ago)

Commons Chamber
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Geoffrey Cox Portrait The Attorney General
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I intend to address the very point that the right hon. Gentleman raises, because it is important to distinguish between the withdrawal agreement and the political declaration and the permanent treaties in which the long-term relationship between this country and the European Union will be settled. The political declaration sets the boundaries within which those permanent arrangements will be negotiated. The aims of the withdrawal agreement are to settle the outstanding issues that our departure creates. These are two separate and, importantly, distinguishable functions.

The withdrawal agreement commands across the House, I would submit, with the exception of two areas—the backstop and the political declaration—widespread consensus as to its necessity and its wisdom.

Lord Field of Birkenhead Portrait Frank Field (Birkenhead) (Ind)
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Might I draw the Attorney General’s attention to amendment (n) in my name, which calls on him to be a servant of the House and give his legal judgment on whether undertakings about the backstop and our ability to limit it are binding in law, and therefore actionable in law, internationally? Might he draw our attention to the letter he wrote in consequence—maybe in consequence—to the Prime Minister saying that we actually had that legal basis from the Council’s conclusions on 13 December?

Geoffrey Cox Portrait The Attorney General
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The right hon. Gentleman is of course right to say that I published that letter in the spirit of the conversation I had with him—in the spirit of the Government’s desire to make clear as much information as this House needs to make its judgments.

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Hilary Benn Portrait Hilary Benn
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I would give way, but time is very short and many other Members want to speak.

The reason the Prime Minister has got into such difficulty is that, as we will discover tonight, the House of Commons will not agree a deal because of fear, uncertainty and doubt: fear that we will be locked permanently into a backstop; uncertainty about entering into a process where we will be in an even weaker position than we have been in over the past two and a half years; and doubt about where this will all end up, in an age, as the Father of the House, the right hon. and learned Member for Rushcliffe (Mr Clarke), so eloquently put it, when it is the quality of the alliances you have that determines the ability to influence what happens in the world in the interests of the people we represent.

Faced with this set of circumstances, what would be the rational thing to do? It would be to seek to remove that fear, that uncertainty and that doubt, and to say to the European Union “Look, the only way we are going to get a deal is not by another exchange of letters or asking for another assurance, but by moving on to negotiate the future relationship now, so that everyone can see at the end of the process what it would involve before we formally leave.” I understand the legal position that in law the European Union cannot sign such an agreement, as the Attorney General pointed out, until the United Kingdom has ceased to be a member state, but it has a choice about its negotiating mandate and we all understand why the EU chose to structure the negotiations in the way that it did: because far from holding all the cards, we have, as the last two and a half years have demonstrated, held hardly any cards at all. But if we were able to negotiate more detail on the future relationship, which I recognise would be very challenging for the EU—and also for the Government, because they would finally have to confront the choices they have been steadfastly avoiding for the last two and a half years—at the end of that process we would know where we stood on the backstop and on the nature of the future relationship.

To do that we would have to extend article 50. If we want to reassure people—we may confront this choice at some point—that extending, or maybe revoking, article 50 is not a device for the House of Commons to overturn the referendum result in 2016, the House of Commons could say to the people, “Don’t worry, whatever the result is of this process we will put it back to you, so you take the final decision.” If we could undertake those negotiations while still a member, from the EU’s point of view, it would not really make any difference at all: we would still be paying the money—we are going to do that under the transition; we would still be accepting the rules of the ECJ—we are going to do that under the transition; we would still be a member of the single market and the customs union—we are going to be under the transition; and we would still be accepting free movement, which we are going to do under the transition.

I acknowledge that that would be difficult, but it would be the sensible thing to do and who knows where the EU will be in two or three years’ time, which we all know is how long these negotiations will take to complete. Indeed, if the EU were to say to other countries, not just to the UK, “You’re not going to get what you want if you leave, but if you remain then there is the possibility of reform,” that would be the kind of leadership that the EU could potentially offer. I do not know whether there is the strategic vision in the EU to do that, but it should provide it because the forces present in Britain are present in all of its member states and reform, including on free movement, would be in their interests as well as in ours.

If this is not possible, and if the Government will not reach out, then we as Parliament must take responsibility. That would not be us subverting democracy in any way; it would be us doing our job—it would be taking back control. The draft Bill I referred to earlier, and which I support, will give us the means to do so. It proposes to ask the Liaison Committee to take a role. It could be amended to give that responsibility elsewhere—

Lord Field of Birkenhead Portrait Frank Field
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Will my right hon. Friend give way on that issue?

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Lord Field of Birkenhead Portrait Frank Field (Birkenhead) (Ind)
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Over last weekend, as the way in which the political traffic was moving became clearer and clearer, I changed my mind about how to vote tonight. I had been going to vote against the Government’s motion; I will now vote for it, and I wish to explain that. For all the problems that we have had, the nastiness in the debate, which was mentioned by my hon. Friend—my very honourable friend—the Member for Wigan (Lisa Nandy), has come because we indulged in a referendum. We thought that the people would agree with us, and we found it impossible to incorporate in a representative system of government a delegate system of government operating from referendums. The idea that we want more of that poison by organising another vote is the last idea to which I would move.

I changed my mind because, for all the weaknesses of the agreement that the Government have presented to us, for all its failings, I believe that we now risk losing Brexit. That does not excuse the Government for their incredible incompetence. It does not mean that some of us, when this stage is over, will not push for a Dardanelles-type inquiry to find out why we landed in this desperate position at this late hour. I do not wish to live my time as Member of Parliament for Birkenhead aiding and abetting those whose real aim is to destroy Brexit.

The agreement gives us five advantages for which I campaigned in supporting Brexit. First, it fulfils the promise that we will control our borders. Secondly, after the transition zone we will be free from paying cash—any cash—to the European Union. Thirdly, it will give us British laws for British people. Fourthly, it will allow us to negotiate new trade agreements. Fifthly, as the Prime Minister has told me on three occasions when answering my questions in the House, it will offer us frictionless trade for our manufacturing industry. We have some manufacturing industry left in Birkenhead: we have Vauxhall’s manufacturing down in the Wirral, towards what I call the mainland. I take heart from the statement by the Society of Motor Manufacturers and Traders that this was the best deal it could accept and that, as far as Brexit went, the car industry would be safeguarded.

Let me end on a similar note to my hon. Friend the Member for Wigan. It is not just one person who has been roughed up. We are all pushed and poked by enthusiasts, let us call them, on the outside, who wish to prevent the views that they do not want to hear from being heard. One of the things that representative government—as opposed to delegate, referendum government—has done is this: it has always given us a Chamber in which people can listen to views without being held to account, as we are, by a group outside who have given us instructions. We may not like that in the House. We may have misjudged our electorate. We may think that they were foolish to give us those instructions. But we asked for instructions, and they gave us instructions to leave.

Withdrawal Agreement: Legal Position

Lord Field of Birkenhead Excerpts
Monday 3rd December 2018

(5 years, 11 months ago)

Commons Chamber
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Lord Field of Birkenhead Portrait Frank Field (Birkenhead) (Ind)
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Does the Attorney General agree that a motion such as the one I have tabled on the Order Paper would give this House sovereignty on when we should leave the backstop, should we enter it, and that as a country we would have a degree of certainty, which he has been able to supply today? If the Government go down in defeat next week, would he suggest that that should be top of the Prime Minister’s negotiating list with the European Union?

Geoffrey Cox Portrait The Attorney General
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I have enormous respect for the right hon. Gentleman and his suggestion, and I realise that other right hon. and hon. Members are considering similar things. I simply say this: what we cannot do is anything that is incompatible with our obligations under the withdrawal agreement. Any amendment to the meaningful vote that would introduce a qualification to our obligations under the agreement would be likely to be viewed by the European Union as a failure to ratify it and would justify non-ratification on its part.

Lord Field of Birkenhead Portrait Frank Field
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But if you fail to get it through the House?

Geoffrey Cox Portrait The Attorney General
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We will be plunged into such great chaotic disorder in the circumstances that the right hon. Gentleman suggests that I very much hope the House will think and reflect carefully before doing that.

European Union (Withdrawal) Bill

Lord Field of Birkenhead Excerpts
Wednesday 13th June 2018

(6 years, 5 months ago)

Commons Chamber
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Keir Starmer Portrait Keir Starmer
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I am grateful for that intervention. I have not seen whatever news is coming out, but having observed the proceedings yesterday and the various interventions, it seems to me that what the right hon. and learned Member for Beaconsfield (Mr Grieve) was saying was very clear for us all to hear. He spoke about the specific paragraphs that were of huge importance, and we heard about what the proposed amendment in the Lords would contain. Obviously, we will have to wait and see what the wording is, but, from my point of view, as someone who was observing it, I thought that it was pretty clear what was being said from the Front Bench about what was likely to happen in the course of next week.

Lord Field of Birkenhead Portrait Frank Field (Birkenhead) (Lab)
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Will my right hon. and learned Friend give way on that very point?

Keir Starmer Portrait Keir Starmer
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I will, but I must say that I was not anticipating spending the whole afternoon on re-interpreting yesterday, but let us see how we get on.

Lord Field of Birkenhead Portrait Frank Field
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Does my right hon. and learned Friend agree that, though it was fun yesterday, the truth is that, if this House wants a meaningful vote, there are ways and means by which we will have a meaningful vote irrespective of what the legislation says?

Keir Starmer Portrait Keir Starmer
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I could not help noticing yesterday that, as my hon. Friend the Member for Greenwich and Woolwich (Matthew Pennycook) was spelling that out, the Government’s position was that, should article 50 be voted down, they guarantee that they will make a statement within 28 days and that that was not particularly convincing—the Brexit Secretary himself found that to be a cause of some amusement. That is certainly not enough. What is needed is the opportunity for this House not only to vote on the article 50 deal, but to have an appropriate and proper role if the article 50 deal is voted down. I am afraid that we are rehearsing yesterday’s argument, but we on the Labour Benches voted for the amendment, which would have given not only a meaningful vote, but a proper role for Parliament afterwards to decide what happens next.

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Keir Starmer Portrait Keir Starmer
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No, our position is not the same as the Government’s at all. I recognise that we need a strong single market model. All I am saying is that I think there are challenges in the EEA model, which is not the only model, and that we would be better off with a model that does not tie us to a particular deal that another country has done. However, and this is why our amendment is important, that model should ensure full access to the single market and no new impediments to trade, with common rights, standards and protections as a minimum, underpinned by shared institutions and regulations. That is a long way from the Government’s position because they are not prepared to sign up to those commitments. The frustration in the negotiations is that nobody yet knows, because the Cabinet is still divided, whether the Government really want to negotiate something that is close economically to the EU, which will require shared regulations and institutions, or if they want to negotiate something else altogether.

Lord Field of Birkenhead Portrait Frank Field
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I hope that all of us who support Brexit wish the UK to have access to the single market on the terms we have now, with the conditions about regulation that will follow from that. A key part of the campaign was that we should have control of our borders and not be subjected to foreign courts. Does my right hon. and learned Friend accept that we might have to pay for the privilege of gaining free access to the single market but controlling our borders?

Keir Starmer Portrait Keir Starmer
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I accept that freedom of access was bound up with the referendum, and that is why every time I have stood at this Dispatch Box, I have said that we accept that freedom of movement will end when we leave the EU. The question is: what comes next, what does it look like and how do we negotiate it with the EU? That does not make things easy, but I think the Government’s approach, which was to abandon any argument for the customs union or the single market at the outset for fear of having that discussion with the EU, was wrong in principle.

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Yvette Cooper Portrait Yvette Cooper
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I will start with Lords amendment 24 and the point I raised when the Solicitor General was speaking. This is not a remain or a leave issue. This is not a party political issue. He will have heard the support from both sides of the House for simply continuing with the family reunion arrangements for child refugees that we have right now. I am unable to put my amendment to the vote, because of Standing Orders and the ludicrous programme motion, but I think if I did it would command majority support across the House. It would help a very small number of some of the most vulnerable child refugees, so I urge the Minister to look again at that amendment, simply to continue with the existing arrangements. Whatever arguments we have on both sides of the House about Brexit structures and options, surely we should be able to come together with a humanitarian agreement not to allow Brexit to turn the clock back on this vital help for child refugees.

Lord Field of Birkenhead Portrait Frank Field
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May I just record that some of us who voted leave joined my right hon. Friend on this point? We have always had a good policy. We know, in looking after these children, that there will always be abuses, but they are far outweighed by the importance of looking after the most vulnerable.

Yvette Cooper Portrait Yvette Cooper
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My right hon. Friend is right. There is agreement across leave and remain, and I hope that this is an issue that can unite the House and that the Government will reconsider.

Last Thursday, I was in Berlin discussing Brexit with a German Government Minister, and he asked me what I thought the Government would do next on customs and trade. It was hard enough to talk about—would it be max fac, buffer zones, double-hatted regulations, backstops, front-stops, any possible customs arrangement or partnership, and so on? What was even more embarrassing, however, was that, even as we were speaking, I had to admit that I did not know whether by the end of the meeting the Brexit Secretary would still be in place—he was in and out of No. 10, apparently about to resign—and the Foreign Secretary was promising meltdown and telling us all, “Don’t panic!”. We are embarrassing ourselves across the world with this “Dad’s Army” version of Brexit. We are in danger of turning ourselves into a national joke by not facing up to the real issues.

The Government say they do not agree with the Lords amendments on the customs union and the EEA, but we still do not know what they want instead. As others have said, the new customs arrangements amendment is a further fudge that just kicks the can down the road again, even though the road is running out.

Ministers should accept that, although they have been wrestling with this issue and with each other for 18 months, none of their customs options works, either for Northern Ireland or, crucially, for manufacturing industry, which is the spine of our economy. The technological max fac will not be ready for years; it does not solve the problem of rules of origin checks, nor can it avoid camera infrastructure at the Northern Ireland border. It will leave businesses with what Her Majesty’s Revenue and Customs now says could be a £20 billion annual bill for the bureaucracy involved in explaining where all the ingredients and components come from in a fully integrated supply chain.

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John Bercow Portrait Mr Speaker
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I am sorry to have to trouble the Serjeant at Arms again, but I ask him to investigate the delay in the No Lobby. Members wish to proceed expeditiously with the votes.

Lord Field of Birkenhead Portrait Frank Field
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rose—

John Bercow Portrait Mr Speaker
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I am always very obliged to the right hon. Gentleman, but I am taking my own measures at this stage. If I feel I require his assistance I will pray him in aid. He may rest assured that I will always profit from his counsels.

European Union (Withdrawal) Bill

Lord Field of Birkenhead Excerpts
Dominic Grieve Portrait Mr Grieve
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I understand where my hon. Friend comes from, in view of his long-held concerns about these issues. But I ask him to consider the fact that one consequence of our EU membership—I have to accept this—is that in some areas in which law might have developed domestically, it has not done so in the 45 years of our membership, because we did it in common with our European partners. That is just an historical fact. Because it is an historical fact, we have to grapple with how we make sure that we do not throw the baby out with the bathwater.

Lord Field of Birkenhead Portrait Frank Field (Birkenhead) (Lab)
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Does the right hon. and learned Gentleman feel, as I do, that from the Back Benches on both sides of the Committee is emerging an agreement, to which we wish the Government to respond? New clauses 50 and 51, tabled in my name and those of hon. Friends, are designed to make us look, first of all, not at laws from all over the world—we are, after all, debating the EU (Withdrawal) Bill—but at law from the EU. The new clauses would ensure that we put all EU law and regulations on to our statute book and allowed the House of Commons—we are not talking about a Henry VIII clause—to decide how we should review it.

My only slight worry with the new clause that the right hon. and learned Gentleman has tabled is that it will tie the hands of a future Government, as he accused me of doing yesterday. It might be that, on reflection, there are better ways of reviewing EU law than involving the whole House in primary legislation.

Dominic Grieve Portrait Mr Grieve
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I read the right hon. Gentleman’s new clauses, and I can understand where he is coming from. If one looks at the totality of the amendments and new clauses in today’s debate, one sees that they are all trying to do, roughly speaking, much the same thing. The question is not the exact route that is adopted, but how the Government respond to that challenge. I do not want to take up more of the House’s time, but—

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Dominic Grieve Portrait Mr Grieve
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I do not think I am quite as apocalyptic as the hon. Gentleman, because I happen to think that, as my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) said in his speech yesterday, the idea that the UK suddenly wishes to translate itself into a country of no regulation and no protection at all is fanciful. I have never seen the smallest sign of that from any section of the public. Indeed, one of the things that brings us together as a nation is agreeing that quality of life matters while, at the same time, wishing to develop a cohesive society.

Lord Field of Birkenhead Portrait Frank Field
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Will the right hon. and learned Gentleman give way?

Dominic Grieve Portrait Mr Grieve
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I give way for the last time, because I really want to bring my remarks to an end.

Lord Field of Birkenhead Portrait Frank Field
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Is it not true that the clearer the message we send out from the debate on this Bill that we are adopting the whole corpus of laws and regulations, the easier it will be to do a trade deal because we will be competing on the same terms?

Dominic Grieve Portrait Mr Grieve
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The right hon. Gentleman makes an important and interesting point, to which I have no doubt the Government will respond. As I have said, however, I do not wish to be prescriptive. I want an assurance from the Government that this matter is being looked at, and that it cannot really be divorced from some of the things we will look at next week, or whenever the Committee sits again.

My desire is that we should have such debates. I do not wish to force the Government’s hand, even though that may appear superficially attractive. I do not actually wish to put new clause 55 to the vote; it has problems of its own. However, I put the Government on notice that we are going to have to draw together the issues we are debating today, and I am convinced that we will debate similar issues next week.

All those issues derive from the same problem about the way in which the Government have approached and have at the moment drafted the legislation, and that problem must be remedied. It can be remedied, and I am happy to work with the Government to try to ensure that it is remedied. If necessary, we can come back to this on Report—on the assurance that we will have a real opportunity to do so on Report—and then pull the strands together and produce a package that will command some consensus across the House. I very much hope to hear that from the Government this afternoon, if I am not to be tempted to put my new clause to the vote.

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Robert Buckland Portrait The Solicitor General
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My hon. Friend’s point is well made. We are talking about centuries of progress. To bring things right up to date, the Prime Minister made a pledge in her Lancaster House speech, which was underlined in our manifesto—I can underline this again today on behalf of the Government—that the Brexit process will in no way whatever be used to undermine or curtail the rights of workers that are enshrined both in domestic law and in law by virtue of the European Union.

Lord Field of Birkenhead Portrait Frank Field
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When the right hon. and learned Member for Beaconsfield (Mr Grieve) allowed me to intervene, I asked whether a consensus was emerging. New clause 50 states that all European laws and regulations would be brought on to our statute book by European exit time, but is the Minister saying that that will actually occur and that such an amendment is unnecessary? If that is the case, some of us will not have to move our amendments.

Robert Buckland Portrait The Solicitor General
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In a nutshell, I would say that the right hon. Gentleman’s amendment and those associated with it are indeed unnecessary. I will set that out in more detail when I come on to address his point and those made by the hon. Member for Greenwich and Woolwich (Matthew Pennycook), who spoke to the amendments very helpfully, if I may say so with respect.

Robert Buckland Portrait The Solicitor General
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I absolutely understand the concerns of hon. Members on both sides of the Committee. The Government’s policy is clear, and I shall address in further detail where the Government stand on those amendments.

Lord Field of Birkenhead Portrait Frank Field
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Will the hon. and learned Gentleman give way?

Robert Buckland Portrait The Solicitor General
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May I make some progress at this stage? I will certainly invite the right hon. Gentleman to intervene later, but I want to develop my arguments on the clauses.

Clause 2 preserves the domestic law we have made to implement our EU obligations. More specifically, the clause will preserve any domestic regulations made under section 2(2) of, or paragraph 1A of schedule 2 to, the European Communities Act 1972. Without clause 2, such legislation would lapse at the same time as the repeal of the 1972 Act, meaning that there would be substantial holes in our statute book on the day we leave the EU. The clause is therefore essential to preserve our statute book and provide certainty over what our law is. I think that all Members would agree that at the heart of the rule of law is the need for certainty. That was why the Prime Minister put that at the top of her list when she outlined her criteria in the Lancaster House speech, and it was why I campaigned very strongly on that when standing for re-election.

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Robert Buckland Portrait The Solicitor General
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That is the nub of it. I hope that I can reassure right hon. and hon. Members that the Government’s policy is very clear and delineated, and that this is not some out-of-control power grab involving the use of the Bill—this is a framework and process Bill—as a basis to change policy. That is not the intention of the Bill.

Lord Field of Birkenhead Portrait Frank Field
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The Minister has persuaded me that I do not need to speak to or move new clause 51, which relates to the point raised by the right hon. Member for West Dorset (Sir Oliver Letwin). Given the general wish in the country to take power back, new clause 51 would provide a place where power is supposed to come back to—the actual authorities—and set the means by which we review what we want to keep, extend, amend and kick out. Will the Government allow us to decide the mechanisms by which we undertake that review?

Robert Buckland Portrait The Solicitor General
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I take issue with the mechanism in new clause 51, which would be rather burdensome and could increase uncertainty, which would not be good for businesses or citizens, but I will take the spirit in which the right hon. Gentleman tabled it very much to heart and mind when considering how to develop the ongoing dialogue about the means by which this place can sort the wheat from the chaff, if I may use that phrase.

Lord Field of Birkenhead Portrait Frank Field
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I hope that this will be my last intervention. The purpose of the measure is to make sure that we all know that the task will be massive. I thought the idea preposterous that most of us would be prepared to give up all our other interests to participate in that mega review, which the right hon. and learned Member for Beaconsfield said might go on for 20 years, and I thought we could hand back quite a bit of it to the Government, providing we could keep hold of the reins.

Robert Buckland Portrait The Solicitor General
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The right hon. Gentleman is right to call this task mega. I remind the House that, according to the EU’s legal database, more than 12,000 EU regulations are currently in force here. As for UK domestic legislation, the House of Commons Library indicates that there have been around 7,900 statutory instruments implementing EU legislation. This is indeed a mega task—to coin his phrase.

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Robert Buckland Portrait The Solicitor General
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My hon. Friend is a passionate campaigner on many of those issues. I can reassure her and her constituents that that is precisely what we seek to do.

I hope that I have dealt with the new clauses tabled by the right hon. Member for Birkenhead—

Lord Field of Birkenhead Portrait Frank Field
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I accept what the Solicitor General said about new clause 50, and I think we should thank him for what he said and what he will try to achieve. New clause 51 is about setting up mechanisms whereby the House could determine how the corpus of legislation and regulation brought into UK law could be reviewed. Will the Solicitor General say a word about that before I go to the Chair and say that I am satisfied in this instance as well?

Robert Buckland Portrait The Solicitor General
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I hoped that I had responded to new clause 51 in an earlier intervention. It is well intentioned, but the mechanism is too burdensome. It would impose an annual obligation to produce reports which I think would pile Pelion on Ossa, given the amount of work that we have to do in the House anyway because of the unusual circumstances that we face.

Lord Field of Birkenhead Portrait Frank Field
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I do not think that the House has the appetite to undertake the review, given the ginormous amount of legislation that is coming over to us. I tried to get the Library to describe what would happen. Would this whole place be full of pieces of paper—full of legislation and regulations? How the hell are we, as individuals or groups, going to deal with that?

There is another crucial point. Given what was said by the right hon. and learned Member for Rushcliffe (Mr Clarke), might there be discussions before Report about the form in which the Government might bring back the sentiment involved in what the Solicitor General is saying, and what we are all saying, so that we might vote on that?

Robert Buckland Portrait The Solicitor General
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Yes, indeed.

I shall now move on to new clauses 9, 22, 23 and 29, which is linked to amendment 128, new clause 45 and amendment 217, which is linked to amendment 64. They all in various ways deal with the question of the EEA. As we have said on several occasions, this is not about the UK pursuing an off the shelf arrangement; it is the UK seeking a bespoke arrangement that works for us. In the Florence speech of 22 September—which happens to be my birthday, although I am sure there was no coincidence in that—the Prime Minister set out a vision for the new economic partnership: a new partnership that will empower us to work together in continuing to bring shared prosperity for the generations to come.

Assisted Suicide

Lord Field of Birkenhead Excerpts
Tuesday 27th March 2012

(12 years, 8 months ago)

Commons Chamber
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Lord Field of Birkenhead Portrait Mr Frank Field (Birkenhead) (Lab)
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I wish to sound a note of dissent in this debate. Member after Member has risen to congratulate the House on the quality of the debate—they have said that it shows the House of Commons at its best. I want to put an alternative view. I think there has been a considerable amount of cant and deceit. The only speaker who has spoken honestly about the other debate that has actually been taking place is my hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick). Given the contributions of many Members, we can say that this has been the debate that dare not enter its name on the Order Paper, as it is, in fact, a debate about euthanasia.

In response to an intervention, the mover of the motion, the hon. Member for Croydon South (Richard Ottaway), made the extraordinary admission that it was not really the motion he wanted. The motion he wanted was moved as an amendment by my right hon. Friend the Member for Lewisham, Deptford (Dame Joan Ruddock). My hon. Friend the Member for Walsall North (Mr Winnick) seconded the motion, yet he hardly mentioned it; instead, he talked about the alternative debate, although not in quite such a forthright fashion as my hon. Friend the Member for Poplar and Limehouse.

I wish to make two points, in order to bring the debate back to the topic that the public believe we are discussing. The Attorney-General, the hon. and learned Member for Harborough (Mr Garnier), gave us a very gentle lesson in the different approaches to politics. He said that sometimes we can formulate and legislate and put things in neat, tidy little boxes, but the Attorney-General then added that there was another way of approaching politics—[Interruption.] Yes, the right hon. and learned Gentleman is, in fact, the Solicitor-General—but he should be the Attorney-General. He said another approach was necessary when issues are immensely difficult. We kid ourselves that we have the most brilliant human minds, but it can be difficult to conceptualise situations adequately; hence the compromise of the DPP’s approach. I praise him, as many other Members have, for the work he has done in navigating a path through what is, as it were, a minefield. So far, he has done that successfully.

The second point I wish to make is that we seem to think this country is populated exclusively by husbands who love their wives, and wives who love their husbands, and grannies, uncles and aunties who all gather around to do the right thing. I sometimes also see a nasty side to life, however. I know perfectly well that in certain circumstances some individuals would have no hesitation in trying to persuade a person that the decent thing to do is to end their life—and especially where money is involved.

Tom Clarke Portrait Mr Tom Clarke (Coatbridge, Chryston and Bellshill) (Lab)
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Does my right hon. Friend agree that perhaps missing from the debate is a concern about the rights, needs and feelings of patients, including their right to change their mind if they wish?

Lord Field of Birkenhead Portrait Mr Field
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I certainly agree with all those points. Sadly, we do not live in the garden of Eden; we have been expelled. Perhaps one day we will reach that garden, but so far, we are on the outside.

Baroness Laing of Elderslie Portrait Mrs Laing
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I am glad that the right hon. Gentleman has enlivened the debate, but does he agree that although some people will always do the wrong thing—there will always be such a minority—it is always up to the House and Parliament to create laws that allow the vast majority of people to do what is right?

Lord Field of Birkenhead Portrait Mr Field
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That is precisely the situation that we have, and that situation has been clarified and developed further by the DPP; that is why we are, totally correctly, praising him in this debate. However, to think that the world is populated by people of great charity who think only of the person on the receiving end is to mislead ourselves, look foolish before our electors, and do vulnerable people harm.

I disagree with the second point that my hon. Friend the Member for Poplar and Limehouse made; I do not believe that we are autonomous. I find it amazing that those who are clearly on the centre left should have an individualistic view about human life. We are dependent on one another, and one person’s actions can affect another person. One might have a slightly different view if there had not been a whole series of reports about the horrors done to old people in hospitals and euphemistically named care homes. We tut, nod the reports through the House, and do damn all about them. We as a nation allow very nasty things to happen to many of our vulnerable constituents, and we do nothing, or very little, to prevent them.

Today’s debate, if I have understood it, is not really about the motion, or how it was seconded; it is about the amendment that my right hon. Friend the Member for Lewisham, Deptford, tabled, not because hon. Members wanted to talk about euthanasia, but because they believed that the amendment would be seen as a staging post on the way to gaining that objective. Although we are now confused about what we are supposed to be debating and what we are voting on, I hope that the House will agree with what the outside world thinks the debate is about, and what I read the motion on the Order Paper as being about.

Joan Ruddock Portrait Dame Joan Ruddock
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I must make it absolutely clear to my right hon. Friend and the House that the amendment only asks the Government to consult on putting the guidance into statute. If it was in statute, the DPP would still have discretion, and assisting suicide would still be a crime.

Lord Field of Birkenhead Portrait Mr Field
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Nobody in this debate has said, in concrete terms, how making that move would better protect more vulnerable people. As that case has never been made in this debate, I hope that when we vote tonight, we will vote for what we thought was the main motion, and vote strongly for the amendment in the name of my very honourable Friend the Member for Congleton (Fiona Bruce) and many other Members of the House.