European Union (Withdrawal) Bill
Lord Field of Birkenhead ExcerptsTuesday 14th November 2017
(7 years ago)
Commons ChamberRead Full debate European Union (Withdrawal) Act 2018 View all European Union (Withdrawal) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 14 November 2017 - (14 Nov 2017)
The Chairman of Ways and Means (Mr Lindsay Hoyle)
With this it will be convenient to discuss amendment 79, in clause 1, page 1, line 3, at end insert—
“(2) Regulations under section 19(2) bringing into force subsection (1) may not be made until the Prime Minister is satisfied that resolutions have been passed by the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly signifying consent to the commencement of subsection (1).”
This amendment would make the repeal of the European Communities Act 1972 on exit day conditional on the Prime Minister gaining consent from the devolved legislatures.
Clause 1 stand part.
Government amendments 383 and 381.
Amendment 386, in clause 14, page 10, line 25, leave out from “means” to “(and” in line 26 and insert
“the time specified by an Act of Parliament approving the final terms of withdrawal of the United Kingdom from the EU”.
This amendment would require ‘exit day’ to be specified, for all purposes, in a separate bill seeking approval for the final terms of the withdrawal of the UK from the EU. It would therefore have the effect of requiring a statute on the withdrawal terms - whatever they might be - to be passed by Parliament before ‘exit day’.
Amendment 43, page 10, line 25, leave out
“a Minister of the Crown may by regulations”
and insert
“Parliament may by a majority approval in both Houses”.
This amendment together with Amendments 44 and 45 would empower Parliament to control the length and basic terms of transitional arrangements, and would allow Parliament to start the clock on the sunset clauses within the Bill.
Amendment 6, page 10, line 26, at end insert
“but exit day must be the same day for the purposes of every provision of this Act.”
To prevent the creation of different exit days for different parts of the Act by SI.
Government amendment 382.
Amendment 387, page 11, line 24, leave out from “Act” to end of line 32 and insert
“references to before, after or on exit day, or to beginning with exit day, are to be read as references to before, after or at the time specified by an Act of Parliament approving the final terms of withdrawal of the United Kingdom from the EU”.
This amendment is consequential on Amendment 386 and ensures that references to exit day in the Bill and other legislation operate correctly in relation to the time as well as the date of the United Kingdom’s withdrawal from the EU.
Amendment 44, page 11, line 25, leave out
“a Minister of the Crown”
and insert “Parliament”.
This amendment together with Amendments 43 and 45 would empower Parliament to control the length and basic terms of transitional arrangements, and would allow Parliament to start the clock on the sunset clauses within the Bill.
Amendment 45, page 11, line 30, leave out
“a Minister of the Crown”
and insert “Parliament”.
This amendment together with Amendments 43 and 44 would empower Parliament to control the length and basic terms of transitional arrangements, and would allow Parliament to start the clock on the sunset clauses within the Bill.
Amendment 81, in clause 19, page 14, line 32, at end insert—
“(a) section 1(2);”.
This amendment is a consequential amendment resulting from Amendments 78, 79 and 80 to Clause 1 requiring the Prime Minister to reach an agreement on EEA and Customs Union membership, to gain the consent of the devolved legislatures and to report on the effect leaving the EU will have on the block grant before implementing section 1 of this Act.
The Chairman
May I first draw the attention of the Committee to a mistake on page 1 of the amendment paper? The name of the hon. Member for Keighley (John Grogan) should not have appeared as a supporter of new clause 49.
Frank Field
I rise to speak to the new clause in my name and all the other names that still remain on the amendment paper. Although I am limited to speaking to new clause 49, it is linked to new clauses 50, 51 and 52, for reasons that I will develop.
I wish to begin by declaring my sentiments in tabling this new clause and supporting the new clauses that are umbilically attached to it. I am a reluctant Brexiteer. I am too old to feel that I was born to bring us out of Europe, and I have not had one of those evangelical revivals in thinking that somehow life began again once we entered the Common Market and that my aim, purpose, being, and everything I breathed was towards getting us out of that organisation. That is not so.
In my own constituency and in the small amount of work I did nationally, I stressed that things were on a balance: we had to make a decision about Europe. We did not need more facts about Europe, but had to draw on our very natures—all that we had been taught in our culture and where, in our very being, we felt we stood in this country—to make the decision about whether we wished to leave or not.
Paul Farrelly (Newcastle-under-Lyme) (Lab)
On a point of order, Mr Hoyle. In this new clause we are debating an exit date of 30 March 2019, yet grouped with it there are Government amendments to be voted on at a later date that put the exit date at 11 pm on 29 March 2019. There is a difference of an hour, and as far as I am aware the clocks only go forward on Sunday 31 March. Could you give some guidance to the movers of these amendments so that the arch-Brexiteers on both sides get their clocks and house in order?
The Chairman
Let us not worry too much about time because we are eating away at it at the moment. It is a matter to be decided in the debate, not for me to decide. When we get there, we will know better. Let us not take up more time now.
Frank Field
That was a good intervention. My new clause decides on British time when to leave, whereas the Government’s amendments are at the beckoning of Europeans. We have a very clear choice. I will willingly take interventions that are trying to trip me up in making this short contribution.
I fought the referendum campaign, as much as I could, as a reluctant Brexiteer. On balance, I thought that our country’s future would increasingly thrive outside rather than inside the European Union. I have always wanted to make a deal, although it is immensely sensible, in any negotiations, to make sure that the other side knows that one may be banking on and planning for no deal.
The next factor—I will touch on this again when we think of what the House of Lords might do to a Bill of this size—is that it has been very difficult for most of us to come to terms with what our role has been as MPs in a representative democracy, and with how we digest the fact that a referendum has taken place and the British people have spoken. How do we react in those circumstances, which I believe are unique and in no way comparable with any other parliamentary procedure that we deal with in this House?
As I said at the beginning, before I was helpfully interrupted, this new clause stands with three other new clauses. Together they present the Government with a clean, small, slimline Brexit Bill. By the time we get to the end of this process, they will thank the Lord that this life raft is in the Bill and they are able to get on it. In the new clause, we decide on the date—by British time, not European time—when we actually leave. That is our choice. It is about the beginnings of the freedom that we hope will flow—with difficulties, of course—from setting us on the course of leaving the European Union.
The second new clause simply ensures that all the laws and regulations come on to our statute book at that point in time—British time, not European time.
Angela Smith (Penistone and Stocksbridge) (Lab)
Will my right hon. Friend give way?
Frank Field
Can I just finish this point, and then I will willingly give way?
The third new clause is on how Parliament reviews those laws—those we wish to keep fully, those we wish to amend, those we wish to add to, and those we wish to kick out. It says that this House will decide how that process is done. I am sure that before we have finished our debate on this Bill in Committee, the Government will be agreeing with me on that. The Henry VIII stuff is an absurd way of going about this business, although as we get down to the mega-task of reviewing this, we may beg the Government for a touch of Henry VIII to get through a task of the size that will be before us.
Finally, given that we have real difficulties in completing a negotiation—
Frank Field
I said that I would give way as soon as I had finished explaining the new clause and the three new clauses attached to it. Finally, we need a safe haven. Speaking of which, I give way to my hon. Friend.
Angela Smith
Will my right hon. Friend not concede that an arbitrary date for Brexit could risk damaging the British economy if clear evidence emerges, as it already is, that hurrying Brexit may badly damage our manufacturing sector, our agricultural sector and our financial services sector?
Frank Field
I am supported by people whose constituents largely agree with my views, not theirs. How they deal with that is not my problem. I agree that it is a difficult problem, but that does not mean to say that one should have any particular solution to it. Generally speaking, the larger the majority, the more clearly Labour voters spoke about Brexit. [Interruption.] No, that is absolutely true. I will deal with my hon. Friend’s point in a moment, but it comes down to who we think we are dealing with. Are we playing a game of cricket, or have we got people who are trying—
Frank Field
I am just saying that—I am saying that we will be fighting for our lives, as I will set out if I ever get on to explaining the new clause fully.
Several hon. Members rose—
Frank Field
My hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty) wants to intervene.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
I am confused by my right hon. Friend’s suggestion that all Labour voters supported his position, because the majority of them did not. The majority of Labour Members do not support his position either. That is an important point, so will he correct the record?
Frank Field
I happily add to the record. It makes some people’s circumstances more difficult, but I said that generally speaking, the larger the Labour majority in the general election and the bigger the turnout in the last general election, the one before that and the one before that, the more likely constituents were to vote leave.
Several hon. Members rose—
The Chairman
Order. We do not need everybody standing up at the same time. I am sure that if the right hon. Gentleman is going to give way, as he has already done, he will say so. Please, do not all keep standing up at the same time.
Frank Field
I would also say, to qualify that general statement, that areas that I would love to represent—not my own constituency, but others—voted to remain, against the trend of Labour support, in the referendum.
Mr George Howarth (Knowsley) (Lab)
My right hon. Friend is making a case that I do not agree with, but he is doing so with his usual reasonable approach. I think he is probably right that at the moment, most people have not changed their minds. The reasons why they voted to leave are still, as far as they are concerned, unresolved, and they think that those things will be resolved by leaving. Suppose, however, that it emerges in the next 12 months that all the reasons why they voted as they did will not be realised, and that, on top of that, the economic consequences will be disastrous—what then?
Frank Field
I have only four small sheets of paper, and it has taken me all this time to get this far. I have an answer for my right hon. Friend—[Interruption.] Indeed, it seems to me that the Labour side needs educating about where Labour voters are. If my right hon. Friend can contain himself, I will take account of that. I emphasise his wisdom in saying that we do not know where these negotiations will end up. They are fraught, particularly because we are negotiating with a group of people who do not want us to succeed because they fear what will happen in their own countries if we do.
Mr Nigel Evans (Ribble Valley) (Con)
Did the right hon. Gentleman receive a pamphlet—paid for by the taxpayer—from the Government during the referendum, on the back of which they stated that they would carry out the wishes of the people via the vote in the referendum? Does he believe that by having a fixed date, which everybody knows, we will deliver what the people voted for?
Frank Field
I have to confess to receiving the pamphlet and throwing it in the bin immediately. I never believed that the sort of campaign we fought, with false truths on both sides, enhanced our standing as a political class. Neither did it address the very serious issues of what people thought about their own identity, their community’s identity, their country’s identity and their country’s position in the world, on which we all know that people take different views. The idea that a Government pamphlet was going to help us—dear God!
Mrs Louise Ellman (Liverpool, Riverside) (Lab/Co-op)
I note that my right hon. Friend qualified his earlier statement, but does he accept that at the last general election, more than 85% of Liverpool, Riverside constituents voted for the Labour candidate, and that 73% of them voted to remain? Does he accept that the people of Liverpool, Riverside have great wisdom, and that that ought to be followed?
Frank Field
If I did, it would mean that the voters of Birkenhead did not have wisdom, which is the very opposite of my hon. Friend’s point. I am not going to put my head in that noose.
Frank Field
No, I have given way once. This is a serious debate and, if I can make progress, I will willingly bring people in as we go along.
I wish to express disappointment with the Government’s strategy and their handling of the situation. I do not think it has the sense of importance, drive or coherence that the issue merits. I have argued, publicly and privately, that anyone who seriously compares this historic event to our fight for survival in world war two would follow the move that Churchill made on taking over from Chamberlain, when he established a war Cabinet in place of the existing ramshackle institutions. As I will explain in a moment, the new clause represents the beginning of a new negotiating hand, and I think we need a Brexit Cabinet. It should be small, and the Opposition should be offered places in it. The Opposition were offered places in the war Cabinet, and Mr Attlee and Mr Greenwood accepted those places. We should try to act in the national interest—[Laughter.] Hon. Members may laugh—
Several hon. Members rose—
Frank Field
Clearly, my suggestion is proving shocking to my right hon. and hon. Friends, but it will be a test of whether we are intent on the best possible terms, whether we have a clear position and whether we are putting our country first.
Alison McGovern (Wirral South) (Lab)
I thank my right hon. Friend and neighbour for giving way. Does he agree that the reason why we ought to have such cross-party co-operation is that this issue is not funny or a joke; it is about the future of our country? That is why we should listen to everyone in this place, and not just act in the narrow interests of the Tory party.
Frank Field
I think my hon. Friend ended her sentence rather early. I think she meant to say that we should try, difficult as it is, to put aside partial affections and concentrate on the national issue.
Several hon. Members rose—
Frank Field
I can hardly finish a sentence. To those to whom I have given way, I will not give way again until much later in my speech.
Frank Field
Well, try another point of order and see if it works.
I have a sense of disappointment. We have ceased the aerial bombardment of this Bill, and we are now engaged in hand-to-hand fighting over the nature of our leaving. The sentiments of my hon. Friend the Member for Wirral South (Alison McGovern), my constituency neighbour, about our trying to steer this debate in the national interest are crucial.
Several hon. Members rose—
Frank Field
No, I will not give way. I want other people to be able to contribute to the debate.
The second reason why I feel disappointment at the Government’s stance is that they are misreading the other side with whom we are negotiating. A British assumption is always to allow give and take, but we now have the Barnier rule of all take and no give. I will in a moment comment on how we should respond to that. Anybody who is serious, as all of us in the Committee have been, about wishing to award equal status and citizenship to EU citizens in this country know that those negotiations could have been over in half an hour. It was never ever the intention but for the other side to tick that off and say it was very good. Millions of people could have been put at their ease about their lives—both Britons living in the European Union and European citizens, as they will become, living in Britain—and we should consider that very carefully in our negotiations from now on.
The third disappointment is that the Government have produced such a Bill. When we were campaigning to leave, I thought we would have a Bill with two, three or four clauses to get us out. I know that the Government have been beguiled by its first title—the great repeal Bill—with some group of clever people thinking it can be great only if it is large, rather than aiming to be effective. I do not believe that a Bill of this size, timetabled as it will be to deliver it for the Government, actually stands much chance of getting through the House of Lords. Hence, my emphasis on the rescue launch waiting in the form of my four new clauses, including this new clause, which I have had such pleasure in moving.
Sir William Cash (Stone) (Con)
Does the right hon. Gentleman accept that the House of Lords, which is of course unelected and which itself decided to pass the European Union Referendum Act 2015, really has no justification whatsoever for attempting to obstruct, delay or undermine this Bill?
Frank Field
A very important lesson needs to be learned by some of those in the House of Lords who think they can wreck the Bill and wear us down so that Brexit never takes place. There is a very important convention—the Salisbury convention—and there is a very important difference between a referendum and a party’s manifesto. The Salisbury convention allows us to give and take on the important parts of a manifesto—the parts to which Governments rightly feel committed, and which they wish to pursue in Parliament so that when they stand for re-election they can say they have done the job they promised to do.
This is a different ball game. As I tried to say at the beginning, it is difficult for us all to come to terms with the role we have as MPs and the role we have in a post-referendum debate. I think their lordships should know that if they try to wreck the Bill, many of us will push the nuclear button. Labour wants to see the House of Lords go—I am surprised there was not a cheer at that point—but their lordships will sound their own death knell. Not one of them is elected, and none of them has any standing whatsoever in preventing the Government from inviting the House of Commons to implement the referendum decision, as we are doing today.
Simon Hoare (North Dorset) (Con)
I am following the right hon. Gentleman’s argument with close attention. Part of the leave argument was to take back control—not just to the House of Commons, but to the country and Parliament as a whole. Is he now trying to undermine the bicameral system?
Frank Field
No, not at all. We will be going late on days such as this, so if the hon. Gentleman would like to read my website, he will see I have outlined my views on House of Lords reform. They are different from those of most others. They are about its being elective, but through electing the great powers in this country—influences such as trade unions and so on—and certainly not through decisions by the party Whips. However, I dare not go down that path because it would take me away from the my new clause.
Frank Field
No, my hon. Friend has had one intervention via a point of order, and I think that is it for him.
Frank Field
So do I.
I think new clause 49 should be the start of a new negotiating position. Mr Barnier has told us that we have to put our money on the table and get serious within two weeks, and I think we should jump at this opportunity. In two weeks’ time, the Government should lay the outline of our agreement. I believe they should say over which decades they are prepared to meet our commitments, and at the end of the two weeks, we should say that at that point we will cease to pay any contributions to the European Union. I want the balance of power to move swiftly from their boot to our boot. From that date, two weeks hence, at the invitation of Mr Barnier, we should say, “Fine. Here’s the outline of the agreement. Here’s the beginning of the money settlement”—paid over a period of time, because there are pensions contributions and so on—“but from this day, until you start seriously negotiating with us”, which they have not, “there will in fact be no more money.”
It is wrong to think that all the £17 billion a year will be coming back to us. The £5 billion that Mrs Thatcher negotiated from the unfair formula is already coming back to us. That was watered down—by whom I will not say, but there is only so much one can say from the Labour Benches—but, nevertheless, £5 billion is coming back. There is also £4 billion coming back to promote anti-poverty programmes in this country. I wish to tell the Committee that I applied for money from those funds to feed people who are hungry and may be starving, but what did Mr Barnier and his group do? Nothing. We supposedly have huge sums of money coming back—spent at their direction—but that does not actually feed people who are hungry.
I want to end by saying that I shall push the new clause to a Division for a number of reasons. One is that it always seems to me better to gain an advantage when one can, rather than later: a bird in the hand is worth two in the bush. The Government are introducing their own timetable, as set by the European bureaucrats— whoever they are—instructing us when we might take leave of them, but I think we should decide today to leave on our terms and at a time of our choosing.
As I have said, the new clause should not be read in isolation, because it and the other three new clauses provide us with an alternative way of exiting without all the claptrap the Government have put in the Bill. I believe that, before the end of the negotiations, something like such a four-clause Bill will be adopted.
On the first and civilised intervention—the point of order—about timing, it is perhaps a fallacy to think of terms for oneself applying to terms for the nation, but I have never bought a house without having in the contract the date when it will be mine and on which I can actually move in. When I was elected to the House of Commons I knew that I would have a contract of up to five years, and I have never had a job without being given a starting date.
Hilary Benn (Leeds Central) (Lab)
My right hon. Friend’s analogy about buying a house falls down at the first hurdle, because nobody commits to a date to buy a house before they know what it is they are buying. My substantive point, however, is about the fatal weakness of his proposal, even though, as always, I respect the way in which he argues his case. When the Secretary of State appeared before the Select Committee, he told us that it is possible that the negotiations may go to the 59th minute of the 11th hour. That is undoubtedly possible. In those circumstances, does it really make sense to bind the hands of the country and those who are negotiating on its behalf to get the best possible deal, which is also the weakness of the Government’s own amendment 381?
Frank Field
As my right hon. Friend was kind to me about the house analogy, I say that I have always bought my houses, never inherited them. [Interruption.]
Frank Field
I have been corrected and I withdraw my comment, but the idea that the biggest decisions of our lives, such as that to buy a house, are the ones that we take the most time over is not borne out by any research whatsoever. I do seriously apologise to my right hon. Friend.
Mr Kenneth Clarke (Rushcliffe) (Con)
The right hon. Gentleman has been a political ally of mine in previous cross-party arrangements, but not on this occasion. He has dodged answering the perfectly serious point that the right hon. Member for Leeds Central (Hilary Benn) just put to him. As things stand, article 50 will take effect in March 2019 and we will leave. Anything in the Bill is superfluous to that. A problem could arise only if—and this is possible—28 member states all agree that they are near to a conclusion but that they require a few more days or weeks to settle it. Once we are going they will not want us to stay in much longer, because they will not want us around for the European Parliament elections. However, it would be utterly foolish if 28 Governments all agreed to extend the process and the British representative had to say, “But we’ve put into British law a timing that says, to the second, when we are actually leaving.” That seems to me a rather serious flaw in the proposed new clause.
Frank Field
The right hon. and learned Gentleman is such a good lawyer, but I wish he had read my new clause, because it notes the day rather than the minute that we will leave. Despite all the encouragement from Members behind me, I was so anxious to withdraw what I said about my right hon. Friend the Member for Leeds Central (Hilary Benn) that I forgot to address his substantive point, and the right hon. and learned Gentleman has reminded me to do so. If we look over our whole history in Europe, we will see that the idea that we finish any negotiations other than at the very last minute is almost unheard of. By including the time, we will be saying, “You will have to begin your shenanigans the month before rather than the month after.”
In conclusion, I am grateful for being allowed to move the second reading of this new clause, to remind people that it is part of a short exit Bill.
Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)
I am grateful to the right hon. Gentleman for giving way, because I know he is concluding. I want to make a simple point. The whole argument about having flexibility falls when we look at article 50 itself. It was very specific for a very simple reason, which is that the timescale determines that those who are negotiating must reach, or agree not to reach, an agreement. Simply changing the timescale will not allow them to reach an agreement; they have the time to do it. That is the whole point about compression—to get an agreement. That is why the date was prompted by article 50.
Frank Field
I have one last point to make. I thought that my proposed new clause merely implemented article 50, which we all voted for, to tell our constituents that we had—[Interruption.] Well, apart from one Member who voted against triggering article 50. [Interruption.] Apart from two or three—[Interruption.] Were there any more than four? Perhaps there were five, six, seven or eight.
I thought that what I had to say was so uncontentious that my speech would last only five minutes. I apologise to the Committee for the time I have taken. All the proposed new clause does is put on the statute book the actual timing of article 50, which we voted for in overwhelming numbers almost a year ago. I move the new clause in my name and the names of those on the amendment paper.
The Chairman
Before I call the Minister, I inform the Committee that he is not feeling well today and, for the sake of clarification, another Minister will come along later.
Mr Baker
Not just now. [Hon. Members: “Ooh!] I have given way quite a few times. I am now going to make some progress and get on to the amendments.
How we exercise this restored power in the future will be a choice for this place. The Government are clear that we want a smooth and orderly exit, achieved through continuity in the law at the point of exit, as we shall discuss at later stages. For now, I hope that all Members can agree that it is essential that clause 1 stand part of the Bill.
I now turn to today’s amendments. It is fitting that the first amendment debated in Committee is from the right hon. Member for Birkenhead (Frank Field). He has got to the heart of the matter of when we leave the EU.
Mr Baker
I will come to that point.
I listened carefully to the right hon. Gentleman’s speech, and I have great sympathy for the case he makes. I will just pick up on two points. First, on using our time, he has not of course given a time of day in his new clause. One thing I learned during my service in the Royal Air Force is the ambiguity that arises when one implies or deliberately specifies midnight, which of course can be taken as the beginning or end of a day. For that reason, his amendment is technically deficient. I hope that in due course he will choose not to press it to a Division, but will instead accept the Government’s set of amendments, including the consequentials.
Frank Field
I would love the Government to move an amendment specifying 23 hours and 59 minutes on the day we leave, but it should be on our time, not on others’ time or terms. Will they move that amendment to my new clause at a later stage?
Tom Brake
I will give way later, perhaps to people who have not had an opportunity to intervene. I want to make a bit more progress.
I do not know whether the new clause tabled by the right hon. Member for Birkenhead (Frank Field) was politically inspired, but it is clear that the amendment tabled by the Secretary of State, which we have heard a lot about over the past 72 hours, was very much a political initiative.
Frank Field
As I think the right hon. Gentleman should, given what he was imputing. The new clause was politically inspired, of course, because I wanted to see a date in the Bill. If he is suggesting that someone else was directing the kind of new clause I should table, he might want to have a word with the Opposition Whips to find out how easy a job that is. [Laughter.]
The Temporary Chair (Sir David Amess)
Order. The Minister has resumed his seat.
Frank Field
In this debate, many Members expressed worries about democracy. Although the hon. Member for North East Fife (Stephen Gethins) is totally opposed to the position I set out, his was a stunning speech. If people with such abilities can be returned to this House, I do not think we have to worry too much on that front.
The right hon. and learned Member for Beaconsfield (Mr Grieve) accused me of simplicity. I hold his abilities in higher esteem than he holds them himself. Sometimes, though, choices are clear. There is a clear choice about how we negotiate with the group we are facing in Europe. Amendments are necessary, but because the Government, without the fingerprints of anybody else, have tabled an amendment stronger than my new clause, I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
Four hours having elapsed since the commencement of proceedings, the proceedings were interrupted (Programme Order, 11 September).
The Chair put forthwith the Question necessary for the disposal of the business to be concluded at that time (Standing Order No. 83D).
Clause 1
Repeal of the European Communities Act 1972
Amendment proposed: 79, page 1, line 3, at end insert—
‘(2) Regulations under section 19(2) bringing into force subsection (1) may not be made until the Prime Minister is satisfied that resolutions have been passed by the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly signifying consent to the commencement of subsection (1).”—(Hywel Williams.)
This amendment would make the repeal of the European Communities Act 1972 on exit day conditional on the Prime Minister gaining consent from the devolved legislatures.
Question put, That the amendment be made.
European Union (Withdrawal) Bill
Lord Field of Birkenhead ExcerptsMonday 11th September 2017
(7 years, 2 months ago)
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Frank Field (Birkenhead) (Lab)
I can be mercifully brief. I wish to make two points. First, I will vote tonight for the only option that implements the referendum result. That was the wish of my constituents and that was the wish of the country. I do not wish any different view to be put forward about whose side I am on—I am on the side of the majority of people who voted to come out.
Secondly, I want to address those on the Government Benches. When we started this process, many people bravely went against their lifetime views to implement the views of their constituents, but given the frailty of human nature we have had one or two recidivists who are now thinking, having read Thursday’s debate, that there may be reasons for not doing this or not doing the other. When we come back in Committee, I will table a four-clause Bill, because the Government, by having this mega-Bill, are storing up no end of trouble from Members who are wolves in sheep’s clothing and who will try to undo the measure.
We need four crucial things from that Bill. First, we need a leave date. Secondly, we need to incorporate all European Union law and regulations. The third clause will give us the means by which the House of Commons and then their lordships review which laws we want to keep, which we want to improve, and which we want to do away with. We are voting from midnight tonight, and there is talk that it will be 3 o’clock on Wednesday morning before we vote on tomorrow’s business. With regard to the idea that this place is equipped to review all that legislation, there is shedloads upon shedloads upon shedloads, and it would fill up the House of Commons on several occasions. We therefore need a means whereby we review which legislation we will keep and which we will not. Fourthly, in case there are problems with people with their little hands on our windpipes who think, “If we can hold them to the two years, we will get what we want”, we need a safe haven.
That is what we need from this exit Bill: first, the date; secondly, the incorporation of everything; thirdly, a method of review; and fourthly, for a limited period, a safe haven. I hope that when we go into Committee, the Government will adopt those four proposals as clause 1 so that we can very quickly implement this Bill. We can then bring forward small Bills to implement other parts of the mega-Bill they are putting before us, should we need them. I hope that when the whole House of Commons is in Committee, we will carry that amendment.
Prisons
Lord Field of Birkenhead Excerpts(7 years, 10 months ago)
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Richard Burgon (Leeds East) (Lab)
I beg to move,
That this House notes with concern recent serious disturbances at Swaleside, Birmingham, Lewes, Bedford and Moorlands prisons against the backdrop of a reduction of more than 6,000 frontline prison officers since 2010; notes that a planned recruitment drive has a target of hiring fewer than half the number of officers lost, and that previous recruitment drives have failed to achieve their targets; recognises that violence in prisons is at record levels with assaults up by 34 per cent since 2015, assaults on staff up by 43 per cent since 2015, and more than 60 per cent of prisons currently overcrowded; and calls on the Government to reduce overcrowding and improve safety while still ensuring that those people who should be in prison are in prison.
The last Opposition day debate on prisons took place nearly a year ago to this very day. Back then, as hon. Members will recall, my hon. Friend the Member for Hammersmith (Andy Slaughter) opened the debate for the Opposition. He told the House:
“The inescapable conclusion is that the prison system in this country…is not working, contrary to the famous pronouncement of the noble Lord Howard.”—[Official Report, 27 January 2016; Vol. 605, c. 333.]
A year on, the conclusion drawn by my hon. Friend remains inescapable.
Since 2010, Conservative Justice Secretaries have cut the number of frontline prison officers by more than 6,000. It was the political decision to impose austerity on the nation and our prison service that brought us to this point. That was married with an erratic prisons policy that veered first this way and then that way. First, the right hon. and learned Member for Rushcliffe (Mr Clarke) wanted to reduce prison numbers; he was sacked. Then the right hon. Member for Epsom and Ewell (Chris Grayling) took a very authoritarian line, introducing benchmarking and book-banning, both of which failed. Next, the right hon. Member for Surrey Heath (Michael Gove) wanted to decentralise and hand autonomy to governors. The current Justice Secretary wants a bit of policy from each—prison policy à la carte.
The number of officers was cut with no check on the number of people being imprisoned, but the effect of that ought to have been obvious. The Government are imprisoning more people than they have decided they can afford. In the 12 months to June 2016, there were 105 self-inflicted deaths—nearly double the number five years previously, and an all-time high.
Frank Field (Birkenhead) (Lab)
Before my hon. Friend moves on from this point, may I draw his attention to the Select Committee report that said that if we are to try to cut the cycle of prisoners reoffending, it would be good to try to provide employment for them, particularly by reducing national insurance contributions for employers? While that would not be a silver bullet, would it not play some part in reducing the pressure on prisons if such a policy were adopted by the Secretary of State?
Richard Burgon
My right hon. Friend makes a very valuable point about rehabilitation, a subject to which I will return.
Oral Answers to Questions
Lord Field of Birkenhead Excerpts(10 years, 11 months ago)
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Chris Grayling
We have tried very hard in difficult decisions to make sure that we focus as much as possible of the impact of necessary changes to legal aid on the higher end of the income scale. Our changes to very high cost case fees and the approach that we are taking to Crown court fees are designed to ensure that, so far as possible, the impact of our changes is much less on those people at the bottom end of the income scale than it is at the top.
Mr Frank Field (Birkenhead) (Lab)
10. How many young people currently in young offenders institutions and specialist children’s homes are being held on human trafficking offences.
The Minister for Policing, Criminal Justice and Victims (Damian Green)
From 2008 to 2012, no children and young people were sentenced to custody for human trafficking as the principal offence. This Government are committed to combating human trafficking. On Monday we published the draft Modern Slavery Bill to strengthen our response and to underpin the work of law enforcement agencies.
Mr Field
As the Lord Chief Justice has ruled that victims of slavery should not be prosecuted for crimes they undertake under the direction of their slave owners, will the Minister undertake an audit of young people in offender institutions to establish how many are there, even if they have been charged under a lesser crime, in order to see whether their cases should be reviewed?
Damian Green
Yes, as part of the extra work we are doing under the aegis of the draft Modern Slavery Bill, to which the right hon. Gentleman has contributed significantly, we are obviously looking at the individual effects on those who might have been victims of trafficking and enslavement. He makes a perfectly valid point.
Church of England (Women Bishops)
Lord Field of Birkenhead Excerpts(11 years, 11 months ago)
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Mr Frank Field (Birkenhead) (Lab)
When I first heard the result from the Synod, I was surprised, not only by the sense of despair but by the amount of joy that I felt. The joy was caused by seeing so many people, particularly women, taking the result seriously. I thought that it would be dismissed as another little local difficulty for the Church and that very few people would pay much attention to it. I was genuinely surprised and pleased by the number of women who are not Church members who were affronted by the decision.
I was surprised by my despair over the decision. The Church of England had just gone through the establishment of a commission to appoint a new Archbishop of Canterbury. The commission came to the conclusion that the guy who had hardly got his clothes on as a bishop should be given the top job. Given that the Church thinks that God moves in mysterious ways to guide its decisions, if that was not seen as the powers that be suggesting to the Church that the gene pool was pretty poorly based and that it would be foolish to continue to hide itself from half the human race when it comes to questions of leadership, one despairs at the experts in the Synod who are supposed to read the times better than the rest of us.
The result of the commission was, in the words of a constituent of my hon. Friend the Member for Bishop Auckland (Helen Goodman), to appoint a “holy thug”. We are into very interesting times with this new archbishop. He is already showing his leadership by suggesting that the Church will confront this issue and be encouraged to remake the decision.
If I may, I will make two points about the remaking of the decision. There are moves that should legitimately be made by the Synod and moves that we should make. I do not favour, at this stage, interfering with the Synod’s processes. Therefore, I do not think that we should change the rules of the game by changing the canons or, as my right hon. Friend the Member for Exeter (Mr Bradshaw) suggested, changing the legislation in such a way that it makes it inevitable that there will be women bishops. That move is long overdue and, as my Roman Catholic right hon. Friend the Member for Torfaen (Paul Murphy) said, once the key decision has been made and there are no theological objections to women being priests, there can be no theological objections to their being bishops. Bishops are those in ministry who are given additional responsibilities. The nature of their task is not different from that of a priest—indeed, it may not be as important as that of a local priest—but they have added responsibilities.
What areas should hon. Members and the synods be concerned with? The synods, I hope, as my right hon. Friend the Member for Exeter said, will follow the diocese of Bristol and table motions of no confidence in the current Synod. Presumably at some stage such a total of dioceses will have done that that the Synod will have to be dissolved and new elections fought. Clearly, those elections will be fought on the issue of women bishops, and I look forward to that very much. When the new Synod gets down to business, it might look at the extraordinary procedure to which it subjects itself when trying to pass reforms, which is very harmful.
The message is that the Synod should get on and start reforming itself, but that must come through the parishes and the dioceses. At some stage, the dioceses will force the hand of the Synod. To those who say that they cannot afford it and that the Church must stumble on like this for a number of years, I say that that is an appalling argument to put forward and I hope that the Synod will not pay attention to it.
What can hon. Members do? Two suggestions have been made about how we might act. One was that we should withdraw the privilege that this place gave to the Church to discriminate against women 37 years ago. If one reads the debates, this place was convinced by the argument that the Church needed a bit more time to sort out the matter. Most of us would think 37 years—quite a few Parliaments—is long enough for it to have sorted itself out. I therefore hope that Members who agree with that approach will support the Bill that I have promoted, whose Second Reading will be on 18 January, to limit that privilege and say that the Church has had its time and that we will act legitimately in that area.
The second measure, which has also been hinted at, was presented as a Bill today and will also have its Second Reading on 18 January. Under the present circumstances it is totally proper for this House to say that no more writs can be issued to allow male bishops to take vacancies in the House of Lords. My short Bill proposes that the power to issue such a writ will go to the archbishop, who will choose from senior women deans to fill places in the House of Lords. We will have what would have been in the pre-reformed Church—[Interruption]—and those deans can take their place in the House of Lords.
I hope that hon. Members feel—this is the theme of the speeches we have heard this evening—that we should not cease to be concerned about this matter, but that we must be careful to keep to legitimate activities and not interfere with the Synod’s powers to expedite the measure and reform itself. Unless we get real movement on that, I hope that hon. Members who support both those measures will be in the House on 18 January not only to wish but to ensure that those Bills are speeded on to the statute book.
Roberta Blackman-Woods
I am grateful to my hon. Friend for making that excellent point. I shall come on in a few moments to the difficulty of finding a compromise other than the one considered in November.
I am going to argue that the Synod needs to reconsider its decision as a matter of urgency. This time, it will I hope come up with the right answer, which is to allow women to become bishops. The change needed is really a simple one. All it needs is the simple repeal of the clause in the Priests (Ordination of Women) Measure 1993 that states:
“Nothing in this Measure shall make it lawful for a woman to be consecrated to the office of bishop.”
As I say, this simply needs to be repealed.
Unlike some Members, I think that because the Church is established, this is a matter for Parliament. What I want, however, is for the Church to resolve the matter first. It seems to me particularly important for it to do so. I also think we have to recognise that the Church has had a pretty long time to do that—[Interruption.] Yes, a very long time to do it. The specific Measure before the Synod in November had been considered for five years, during which many legislative committees had brought together members of the General Synod who supported women bishops and those who opposed them, but no agreement other than the compromise before the Synod in November was agreed. If those five years of talks did not reach any other conclusion, prolonging a decision further is unlikely to get any other one put in front of the Synod. This suggests that action simply needs to be taken now. As the campaign group WATCH—Women and the Church—highlighted, this creates a difficulty. Those who support women bishops require women to be bishops on a par with their male colleagues, with no legal no-go areas. Those who will not accept women bishops require legal separation from women bishops.
As I have said before, I think that if another compromise were sought it would prove elusive, and that it would be better to consider how a general Measure supporting women who wish to become bishops could proceed. I should like that to happen quickly, because a number of constituents have written to me about the matter. Although I knew that there was a very strong Christian community in Durham, I was surprised by the number of letters that I received and the anger that was expressed in them. Perhaps I should start with the Bishop of Durham himself, the Right Rev. Justin Welby. He is soon to become Archbishop of Canterbury, and I think that Durham’s loss will be the country’s gain.
Mr Frank Field
Is it not extraordinary that, although he has already been appointed, he will not take up his post until Easter? Would it not be a good move for the Synod, having elected a new leader, to put him in post speedily, particularly when he has a reforming programme to accomplish?
Roberta Blackman-Woods
That is an interesting point, and if I were not about to lose a really wonderful Bishop of Durham I might well agree with my right hon. Friend. In this instance, however, we are in no hurry to get rid of our bishop, and I am quite pleased that he will be with us until Easter. I suppose that it might be to the greater good for him to move earlier, but I am sticking to my position, which is that we need his ministry in Durham for as long as possible, and certainly until we have someone else to take his place.
I was about to tell the House what the Bishop of Durham said, which I think is very important. He said:
“It is a very grim day, most of all for women priests and supporters.”
I also heard from Miranda Threlfall-Holmes, a vicar at Belmont and Pittington in my constituency. She said that she felt
“rejected by the church that accepted me for ministry”
but was not prepared to consecrate her as a bishop.
A letter from Richard Cheetham, a constituent of mine, is typical of many that I have received. He said:
“I find the whole thing a huge insult to women priests, and to women in general. Women can rise to the top positions in industry, commerce, education, and politics. Therefore I find the decision not to allow women bishops totally unacceptable.”
Leveson Inquiry
Lord Field of Birkenhead Excerpts(11 years, 11 months ago)
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Maria Miller
The hon. Gentleman raises an important point. He may or may not be aware that we are already midway into cross-party negotiations and discussions on this. We have already agreed with the right hon. and learned Member for Camberwell and Peckham and the Leader of the Opposition to draft such a Bill to see what that legislation would look like. Our concern is that it then provides a framework that could create real problems in terms of safeguarding free speech into the future. I am glad, though, that the hon. Gentleman acknowledged that there is a great deal of similarity between many of our positions, and we should not focus on the differences.
Mr Frank Field (Birkenhead) (Lab)
The debate seems to be polarising between favouring legislation or no legislation. Given that Leveson says that those who join the new organisation will have some very clear and important privileges, would we not be legislating on what those privileges are so that they could be backed up, or not backed up, by law? Therefore, is not the debate really about the scope of the legislation rather than being foolishly polarised on the question of whether to legislate?
Maria Miller
The right hon. Gentleman is right. The point of discussion today should be the fact that the Leveson report advocates an independent self-regulatory body. Leveson clearly states that he does not think that the Press Complaints Commission ever delivered on that. The right hon. Gentleman is right to suggest that the privileges, or incentives, that could be provided and that are outlined in the report could well encourage participation. I suggest to him that we should be considering ways in which we can achieve those privileges without setting them out in legislation.