European Union (Notification of Withdrawal) Bill

Debate between Matthew Pennycook and Roger Gale

Committee: 2nd sitting: House of Commons
Tuesday 7th February 2017 Commons Chamber

[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

I beg to move, That the clause be read a Second time.

[The Temporary Chair (Sir Roger Gale)]

With this it will be convenient to discuss the following:

New clause 42—Equality—impact assessment—

Before exercising the power under section 1, the Prime Minister must undertake that she will publish an equality impact assessment, 18 months after this Act receives Royal Assent or prior to a vote on the negotiations in the European Parliament, whichever is sooner.”

This new clause requires the Prime Minister to publish an equality impact assessment in good time before Parliament votes on the final agreement.

New clause 43—Customs Union—impact assessment—

‘(1) Before exercising the power under section 1, the Prime Minister must undertake that she will publish an impact assessment of the effect of leaving the Customs Union on the United Kingdom.

(2) The impact assessment in subsection (1) shall be laid before Parliament 18 months after this Act receives Royal Assent or prior to a vote on the negotiations in the European Parliament, whichever is sooner.”

This new clause requires the Prime Minister to publish an impact assessment of leaving the Customs Union (independently of decisions on the Single Market) in good time before Parliament votes on the final agreement.

New clause 44—Supply Chains—impact assessment—

Before exercising the power under section 1, the Prime Minister must undertake that she will publish an impact assessment of the risks to supply chains presented by the introduction of non-tariff custom barriers, 18 months after this Act receives Royal Assent or prior to a vote on the negotiations in the European Parliament, whichever is the sooner.”

This new clause requires the Prime Minister to publish an impact assessment on the risk to supply chains from any new non-tariff barriers in good time before Parliament votes on the final agreement.

New clause 45—Environmental protection—impact assessment—

Before exercising the power under section 1, the Prime Minister must undertake that she will publish an impact assessment of the effect on—

(a) environmental protection standards,

(b) farm business viability,

(c) animal welfare standards,

(d) food security, and

(e) food safety

18 months after this Act receives Royal Assent or prior to a vote on the negotiations in the European Parliament, whichever is the sooner.”

This new clause requires the Prime Minister to publish an impact assessment on environmental standards, farm viability and food safety in good time before Parliament votes on the final agreement.

New clause 46—Climate change—impact assessment—

Before exercising the power under section 1, the Prime Minister must undertake that she will publish an impact assessment of the value of participation in the EU Emissions Trading Scheme and the Single Energy Market in achieving our climate change commitments, 18 months after this Act receives Royal Assent or prior to a vote on the negotiations in the European Parliament, whichever is the sooner.”

This new clause requires the Prime Minister to publish an impact assessment on climate change objectives and the contribution of the Emissions Trading System and the energy market to meeting these in good time before Parliament votes on the final agreement.

New clause 47—Research and Development collaboration —impact assessment—

Before exercising the power under section 1, the Prime Minister must undertake that she will publish an impact assessment of the effect of—

(a) leaving Horizon 2020, and

(b) setting up alternative arrangements for international collaboration on research and development by universities and other institutions

18 months after this Act receives Royal Assent or prior to a vote on the negotiations in the European Parliament, whichever is the sooner.”

This new clause requires the Prime Minister to publish an impact assessment on leaving Horizon 2020 and alternative Research and Development collaborations in good time before Parliament votes on the final agreement.

New clause 48—Agencies—impact assessment—

‘(1) Before exercising the power under section 1, the Prime Minister must undertake that she will publish impact assessments of—

(a) rescinding membership of the agencies listed in subsection (2), and

(b) setting up national arrangements in place of the agencies listed in subsection (2).

(2) Subsection (1) applies to the—

(a) Agency for the Cooperation of Energy Regulators (ACER),

(b) Office of the Body of European Regulators for Electronic Communications (BEREC Office),

(c) Community Plant Variety Office (CPVO),

(d) European Border and Coast Guard Agency (Frontex),

(e) European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA),

(f) European Asylum Support Office (EASO),

(g) European Aviation Safety Agency (EASA),

(h) European Banking Authority (EBA),

(i) European Centre for Disease Prevention and Control (ECDC),

(j) European Chemicals Agency (ECHA),

(k) European Environment Agency (EEA),

(l) European Fisheries Control Agency (EFCA),

(m) European Insurance and Occupational Pensions Authority (EIOPA),

(n) European Maritime Safety Agency (EMSA),

(o) European Medicines Agency (EMA),

(p) European Monitoring Centre for Drugs and Drug Addiction (EMCDDA),

(q) European Union Agency for Network and Information Security (ENISA),

(r) European Police Office (Europol),

(s) European Union Agency for Railways (ERA),

(t) European Securities and Markets Authority (ESMA), and

(u) European Union Intellectual Property Office (EUIPO).

(3) The impact assessments in subsection (1) shall be laid before Parliament 18 months after this Act receives Royal Assent or prior to a vote on the negotiations in the European Parliament, whichever is the sooner.”

The effect of this would be to require the Government to publish impact assessments for each agency to determine whether value for money for consumers, businesses and taxpayers would be achieved by leaving each one and setting up national arrangements.

New clause 49—Impact assessment: withdrawal from single market and Customs Union—

Before giving notice under section 1(1), of her intention to notify under Article 50(2) of the Treaty on European Union, the United Kingdom’s intention to withdraw from the EU, the Prime Minster shall lay before both Houses of Parliament a detailed assessment of the anticipated impact of the decision to withdraw from the Single Market and Customs Union of the EU on—

(a) the nature and extent of any tariffs that will or may be imposed on goods and services from the UK entering the EU and goods and services from the EU entering the UK;

(b) the terms of proposed trade agreements with the EU or EU Member states and the expected timeframe for the negotiation and ratification of said trade agreements;

(c) the proposed status of rights guaranteed by the law of the European Union, including—

(i) labour rights,

(ii) health and safety at work,

(iii) the Working Time Directive,

(iv) consumer rights, and

(v) environmental standards;

(d) the proposed status of—

(i) EU citizens living in the UK and,

(ii) UK citizens living in the EU, after the EU has exited the EU;

(e) estimates as to the impact of the UK leaving the EU on—

(i) the balance of trade,

(ii) GDP, and

(iii) unemployment.”

New clause 98—Protected characteristics—Equality Impact Assessments—

‘(1) In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the impact of any new relationship with the European Union on protected characteristics, as set out in the Equality Act 2010.

(2) Any report the Government lays before Parliament on the progress of the withdrawal negotiation must be accompanied by an Equality Impact Assessment.

(3) Neither House of Parliament may approve by resolution any new relationship with the European Union unless an Equality Impact Assessment has been laid before both Houses of Parliament.”

This new clause would place specific duties on the Government to demonstrate compliance with the 2010 Equality Act, ensuring that the impact of decisions on women and those with protected characteristics are considered and debated at every stage of the process.

New clause 101—Environment—Environmental Impact Assessment—

Before issuing any notification under Article 50(2) of the Treaty on European Union, the Prime Minister shall give an undertaking to lay before each House of Parliament a full Environmental Impact Statement on the terms of the agreement reached with the European Union on the UK’s withdrawal from the EU.”

New clause 102—Economic Divergence—Impact Assessment—

Before issuing any notification under Article 50(2) of the Treaty on European Union, the Prime Minister shall give an undertaking to lay before each House of Parliament an impact assessment of the costs to businesses and the environment as a result of divergence in regulations between the UK and countries in the EU single market, once the UK has withdrawn from the EU.”

New clause 103—EU Customs Union and the European single market—Impact Assessment—

‘(1) Before issuing any notification under Article 50(2) of the Treaty on European Union, the Prime Minister shall give an undertaking to lay before each House of Parliament an impact assessment on the UK of leaving the EU Customs Union and the European single market.

(2) The impact assessment shall include the following information for each sector of the economy—

(a) the nature and extent of any tariffs that will or may be imposed on goods and services from the UK entering the EU and goods and services from the EU entering the UK;

(b) the effect of non-tariff custom barriers that will or may be imposed on goods and services from the UK entering the EU and goods and services from the EU entering the UK;

(c) changes in the rules of origin regulations and the administrative burdens for business.”

New clause 106—Withdrawal from Free Movement of persons—Impact Assessment—

‘(1) Before issuing any notification under Article 50(2) of the Treaty on European Union, the Prime Minister shall give an undertaking to lay before each House of Parliament an impact assessment of withdrawal from Directive 2004/38/EC (free movement of persons).

(2) The impact assessment shall include the impact on withdrawal for each sector of the economy and include effects of—

(a) labour shortages,

(b) changes in costs of labour,

(c) administrative burdens for employers,

(d) effects on the cost base for companies; and

(e) effect on consumers.”

New clause 107—Employment Training needs—Impact Assessment—

‘(1) Before issuing any notification under Article 50(2) of the Treaty on European Union, the Prime Minister shall give an undertaking to lay before each House of Parliament an impact assessment of the skills training needed to supply the necessary skills needed for the UK economy after the UK leaves the European Union.

(2) The impact assessment should detail—

(a) the resources needed to meet the needs of training needs of the UK post commencement of leaving the European Union; and

(b) how government will work with UK companies to train future employees and upskill employees post commencement of leaving the European Union in the context of changes in UK immigration policy.”

New clause 143—Financial liability of the UK towards the EU—

The Prime Minister may not exercise the power under section 1 until the Chancellor of the Exchequer has—

(a) published an assessment of the financial liability of the UK towards the EU following the United Kingdom’s withdrawal from the European Union, and

(b) made a statement to the House of Commons on the economic impact of the United Kingdom leaving the single market.”

New clause 152—Natural Environment—impact assessment—

Before exercising the power under section 1, the Prime Minister must lay before both Houses of Parliament an impact assessment covering the impact of leaving—

(a) the European Union, and

(b) the Single Market

on the natural environment, including the marine environment, until 2042.”

This new clause would require the Government to set out the impact on the natural environment of leaving the European Union and leaving the Single Market on the natural environment covering the expected duration of the Government’s 25-year plan for the environment.

New clause 153—Chemicals Regulation—impact assessment—

Before exercising the power under section 1, the Prime Minister must lay before both Houses of Parliament an impact assessment covering the impact of leaving—

(a) the European Union, and

(b) the Single Market

on the assessment and regulation of chemicals for safety and environmental protection.”

New clause 154—Rural Economy and Environment—impact assessment—

‘(1) Before exercising the power under section 1, the Prime Minister must lay before both Houses of Parliament an impact assessment covering the impact of leaving—

(a) the European Union,

(b) the Single Market, and

(c) the Customs Union

on the rural economy and environment.

(2) An impact assessment laid under subsection (1) shall in particular cover the impact on—

(a) tariff and non-tariff barriers to export,

(b) farm incomes and viability,

(c) environmental, food safety and animal welfare standards, and

(d) international competitiveness of UK farms.”

New clause 155—Land Management Payments—impact assessment—

‘(1) Before exercising the power under section 1, the Prime Minister must lay before both Houses of Parliament an impact assessment covering the impact of leaving—

(a) the European Union,

(b) the Common Agricultural Policy, and

(c) the Single Market

on land management and rural development payments.

(2) An impact assessment laid under subsection (1) shall in particular cover the impact on—

(a) funding for environmental protection,

(b) funding for rural development, and

(c) farm incomes and viability.”

New clause 167—Rights and opportunities of young people—impact assessment—

‘(1) Before exercising the power under section 1, the Prime Minister must undertake to publish an assessment of the effect of leaving the European Union on the rights and opportunities of people aged under 25 in the United Kingdom, including—

(a) the effect on the ability to work and travel visa-free in the EU,

(b) the effect on the ability to study in other EU member states on the same terms as on the day on which Royal Assent is given to this Act, and

(c) the effect on the ability to participate in EU programmes designed to provide opportunities to young people, including programmes to facilitate studying in other EU member states.

(2) The impact assessment in subsection (1) shall be laid before Parliament before—

(a) 12 months have elapsed after this Act receives Royal Assent, or

(b) the day on which Her Majesty’s Government declares that agreement has been reached on the terms of the UK’s withdrawal from the EU, whichever is the sooner.”

This new clause would require the Government to undertake an impact assessment of the effect of leaving the EU on the rights and opportunities of young UK nationals and how they will differ from their European counterparts.

New clause 187—Euratom—impact assessment—

‘(1) Before exercising the power under section 1, the Prime Minister must commit to publish an impact assessment of the United Kingdom withdrawing from the European Atomic Energy Community (Euratom) on the nuclear industry within the United Kingdom.

(2) The impact assessment should include, but not be limited to, the impact on—

(a) nuclear research;

(b) health and safety in the nuclear industry; and

(c) employment in the nuclear industry.

(3) The impact assessment shall be published either 18 months after this Act receives Royal Assent or before a vote in the European Parliament on the withdrawal deal agreed between the European Union and the United Kingdom, whichever is the sooner.”

This new clause requires the Prime Minister to publish an impact assessment on the effect on the UK’s nuclear industry should the UK withdraw from Euratom.

Amendment 3, in clause 1, page 1, line 2, at beginning insert—

“If a report has been laid before both Houses of Parliament setting out the estimated impact on the public finances of the UK withdrawing from the European Single Market,”

This amendment ensures that prior to any notification of the Prime Minister‘s intention to notify the United Kingdom‘s withdrawal from the EU, a report shall be published setting out the anticipated implications of exiting from the Single Market

Amendment 24, page 1, line 3, at end insert—

“after Her Majesty’s Government has published a report on the implications, costs and benefits for Gibraltar.”

Amendment 25, page 1, line 3, at end insert—

“after Her Majesty’s Government has published a report on the implications of and costs and benefits for the British Overseas Territories.”

Amendment 26, page 1, line 3, at end insert—

“after Her Majesty’s Government has published a report on the implications of and costs and benefits for the Crown Dependencies.”

Amendment 27, page 1, line 3, at end insert—

“after Her Majesty’s Government has published a report on the implications of and costs and benefits for the Commonwealth.”

Amendment 28, page 1, line 3, at end insert—

“after Her Majesty’s Government has published a report on the implications of and costs and benefits for European Foreign and Defence Policy Co-operation.”

Amendment 47, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Chancellor of the Exchequer has published an assessment on the financial liability of the United Kingdom towards the EU on completion of the Article 50 withdrawal process, and laid a copy of the assessment before Parliament.”

Amendment 48, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Chancellor of Exchequer has published a revised Treasury forecast on the state of the economy, and laid a copy of the report before Parliament.”

Amendment 49, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for Environment, Food and Rural Affairs has published an assessment of the level of agricultural maintenance support grants beyond 2020, and laid a copy of the assessment before Parliament.”

Amendment 51, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) unless a Minister of the Crown has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on Scottish sea ports, and laid a copy of the assessment before Parliament.”

Amendment 52, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Chancellor of the Exchequer has published an assessment of the financial implications of leaving the European Union for charities, and laid a copy of the assessment before Parliament.”

Amendment 53, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until a Minister of the Crown has published a report on the relationship between the Channel Islands and the European Union with regard to the 1972 Act of Accession Protocol No 3, and laid a copy of the report before Parliament.”

Amendment 57, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until a Minister of the Crown has published a revised Strategic Defence and Security Review, and laid a copy of the review before Parliament.”

Amendment 58, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until a Minister of the Crown has published an assessment on the impact of the United Kingdom’s withdrawal from the European Development Fund, and laid a copy of the assessment before Parliament.”

Amendment 59, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Chancellor of the Exchequer has published a report giving a medium-term economic forecast in the event of the United Kingdom leaving the single market, and laid a copy of the report before Parliament.”

Amendment 61, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until a Minister of the Crown has published a revised National Security Strategy, and laid a copy of the review before Parliament.”

Amendment 62, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Chancellor of the Exchequer has published an assessment of future payments to the EU after the Prime Minister makes the notification.”

Amendment 64, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for Education has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 65, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for Health has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 66, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for Environment, Food and Rural Affairs has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 67, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for Justice has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 68, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Home Secretary has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 69, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for Defence has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 70, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Chancellor of the Exchequer has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the responsibilities of Her Majesty’s Treasury, and laid a copy of the assessment before Parliament.”

Amendment 71, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Foreign Secretary has published an assessment on the impact of the UK withdrawing from the EU on the responsibilities of the Foreign and Commonwealth Office, and laid a copy of the assessment before Parliament.”

Amendment 72, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for Work and Pensions has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 73, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for International Trade has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 74, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for Business, Energy and Industrial Strategy has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 75, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for Communities and Local Government has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 76, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for International Development has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 77, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for Culture, Media and Sport has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 79, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Chancellor of the Exchequer has published a report on matters relating to the pensions of UK nationals living and working in the European Union on the date that the United Kingdom withdraws from the EU.”

Amendment 80, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until a Minister of the Crown has published an equality impact assessment on the United Kingdom’s withdrawal from the EU, and laid a copy of the report before Parliament.”

Amendment 82, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until a Minister of the Crown has published regional and national economic impact assessments on the impact of the United Kingdom’s withdrawal from the EU.”

Amendment 11, page 1, line 5, at end insert—

‘(3) Before exercising the power under subsection (1), the Prime Minister must prepare and publish a report on the effect of the United Kingdom’s withdrawal from the EU on national finances, including the impact on health spending.

This amendment calls for the Government to publish a report on the effect of EU withdrawal on the national finances, particularly health spending following claims in the referendum campaign that EU withdrawal would allow an additional £350 million per week to be spent on the National Health Service.

Amendment 39, page 1, line 5, at end insert—

‘(3) Before the Prime Minister issues a notification under this section, Her Majesty’s Government has a duty to lay before both Houses of Parliament a review of the independence and effectiveness of the current environmental regulators, including a detailed assessment of their capacity to effectively implement and enforce EU-derived environmental legislation upon withdrawal from the European Union.”

This amendment would ensure that UK environmental regulators and enforcement agencies —namely the Environment Agency, Natural England and the Department for Environment, Food and Rural Affairs — are adequately funded and authorised to effectively perform the regulatory functions currently undertaken by institutions of the European Union.

New clause 17—EU Assets and Liabilities—

Within 30 days of the coming into force of this Act the Secretary of State shall publish a full account of the assets and liabilities held by Her Majesty’s Government in respect of the UK’s relationship with the European Union.”

This new clause would ensure that the Government publishes an account of the assets and liabilities held by Her Majesty’s Government in respect of our relationship with the European Union.

New clause 31—Regions of England—draft framework—

Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes particular reference to the impacts on the regions of England.”

New clause 41—Public spending implications—

Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the impact on public spending.”

New clause 138—Trade Agreements—

The Prime Minister may not exercise the power under section 1 until a Minister of the Crown has published a report on the number and terms of trade agreements outlined with countries outside of the European Union, and laid a copy of the report before Parliament.”

[Matthew Pennycook]

In addition to speaking to new clause 5, I intend to speak briefly to amendment 11 and new clause 98. The Bill is straightforward, but, as many hon. Members have said, it will set in train a process that will have profound implications for our country and for each of our constituents. Despite the Government’s resisting new clause 3 yesterday and, in so doing, setting their face against giving Parliament an active role in scrutinising and influencing the negotiation process, the House will still need to hold the Government to account in the months and years ahead. If we are to discharge that duty effectively, we will require adequate information and robust analysis. As things stand, we do not have that.

When it comes to the crucial issue of the impact of different trading models on our economy, the Government’s White Paper falls far short of what is required to ensure that we are able to have informed discussions and debates in this place. Indeed, it offers little beyond assurances that the Government will prioritise securing the freest and most frictionless trade possible in goods and services. The House and, more importantly, businesses across the country that stand to be affected deserve to be made aware of the Government’s evaluation of the likely impact of different future trading relations. The Government can provide them with that evaluation without revealing their negotiating hand by publishing any impact assessments that have been undertaken by Her Majesty’s Treasury. That is the purpose of new clause 5.