Points of Order

Debate between Matthew Pennycook and John Bercow

Tuesday 19th March 2019 Commons Chamber

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

On a point of order, Mr Speaker. You will know that once a statement has been made under section 13(4) of the European Union (Withdrawal) Act 2018, a Minister of the Crown must make arrangements under subsection (6) for a motion in neutral terms to be moved within the period of seven Commons sitting days, beginning with the day on which the statement is made. As you will be aware, such a statement was made on Friday 15 March, and you will also know that Friday 22 March is a sitting day. Can you therefore confirm that, irrespective of what may emerge from the meeting of the EU Council on 21 and 22 March and what, if any, consequential secondary legislation may be brought to the House thereafter, we will have a stand-alone debate on an amendable motion by Monday 25 March?

[Mr Speaker]

I am grateful to the hon. Gentleman for his point of order and his characteristic courtesy in giving me advance notice of his intention to raise it. As far as I am aware, his exegesis of the Act is entirely correct. Following the decision of this House not to approve the withdrawal agreement and the framework for the future relationship on Tuesday 12 March, the Government made a written statement on Friday 15 March, as required by section 13(4) of the European Union (Withdrawal) Act 2018. Under section 13(6) of that Act, a Minister must move a motion “in neutral terms” that this House “has considered the matter” of that statement no later than Monday 25 March. According to the order of this House of 4 December, motions in neutral terms under section 13 of the Act are amendable. The motion has been tabled; it is currently item 64 in part B of Future Business. No amendments have been tabled yet.

UK’s Withdrawal from the European Union

Debate between Matthew Pennycook and John Bercow

Wednesday 13th March 2019 Commons Chamber

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

It is a pleasure to wind up this debate for the Opposition. It has been a good debate. It was opened by the Environment Secretary, who made a powerful case for why a no-deal Brexit should be opposed, and by my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer), who, as always, rose to the occasion with his usual rigour and honesty. We have had passionate contributions from, among others, my right hon. Friends the Members for Leeds Central (Hilary Benn) and for Normanton, Pontefract and Castleford (Yvette Cooper), the right hon. and learned Members for Rushcliffe (Mr Clarke) and for Beaconsfield (Mr Grieve), my hon. Friend the Member for Birmingham, Yardley (Jess Phillips), the hon. Member for East Surrey (Mr Gyimah), and the hon. Member for Eddisbury (Antoinette Sandbach), all of whom spoke with great force.

What I have taken from today’s debate is that exiting the EU without an agreement is not simply one among several equivalent Brexit options—it is in a category of its own. Everyone will have their own views on the balance of strengths and weaknesses of other options, whether it be a Canadian-style free trade agreement or a Norway-style arrangement, and the appropriateness of the trade-offs and compromises involved in each. But those options can at least be contemplated rationally on the basis of their likely consequences for our economy and our security, their implications for the Irish border, and their chances of successfully emerging from the detailed negotiations on the future relationship.

In contrast, it is hard to overstate how damaging a no-deal exit from the EU in just over a fortnight would be, and speech after speech today has brought that home. A no-deal Brexit is simply not a viable option. Indeed, an exit from the EU on 29 March, or indeed any date thereafter, without agreement would be nothing short of a national disaster—a point that Labour Members have endlessly repeated over the past two years. A no-deal Brexit would affect every facet of our national life, and every region and nation of the UK. It would bring to an end, at a stroke, the whole body of legal arrangements that exist between the UK and the EU, plunging us into a legal and regulatory vacuum.

The focus of much of today’s debate has rightly been on the impact of a no-deal Brexit on the economy—and for good reason, given the implications for businesses and individuals across the UK. The implications of crashing out without a deal on 29 March would be significant both in terms of lost growth over the long term and the grievous dislocation that we face in the short term. The proposals for tariffs under a no-deal exit that the Government published this morning, without any consultation with business, merely serve to underline what a disastrous outcome a no-deal exit would be.

However, the impact of a no-deal departure is about much more than just tariffs. It would mean a sudden and drastic change in the entire body of rules that currently govern how we trade in a range of crucial areas. It would threaten the complex law enforcement and judicial co-operation arrangements that keep Britain safe. It would almost inevitably result in infrastructure being placed on the Irish border, place untold strain on the Good Friday agreement and Anglo-Irish relations more generally, and exacerbate the current political instability in Northern Ireland, raising the spectre, as the Secretary of State for the Environment said at the outset, of direct rule from Westminster.

In short, such an exit is the hardest and most chaotic of departures. It provides no certainty, and no one can say with any real certainty just how extensive the damage would be. Of course we would survive, but why would any Government force the British people to cope with an entirely avoidable act of self-harm that opinion polling suggests only a minority of the public support? No responsible Government in their right mind should countenance a no-deal exit from the EU, especially when, as the hon. Member for East Surrey brought home in his contribution, the other side knows full well that it has always been a hollow threat.

The tragedy is that instead of simply announcing that under no circumstances will the UK leave the EU without a deal, this Government adopted such an outcome as their official plan B, endlessly repeating over months the nonsensical mantra that “no deal is better than a bad deal”, in a way that has de-sensitised many people in our country to the risks involved. As the hon. Member for North East Fife (Stephen Gethins) said, the Government have spent a significant sum of public money trying to ensure that they are prepared for no deal—and trying is the operative word, because we know from the Government’s own impact assessment summary that the UK is simply not prepared to leave the EU on 29 March.

If we leave aside the legislative burden that still needs to be faced, the impact assessment makes clear that Departments are on track for just over two thirds of the most critical projects. It is honest about the fact that, in the event of a no-deal exit, the UK would be at the mercy of the actions of the European Commission, EU member states and EU businesses. That brings me to my next point, which is that there is no such thing as a managed no deal—[Interruption.]

[Mr Speaker]

Order. There is a lot of background noise. I am not sure that the acoustics are as helpful as they might be, and I apologise to the hon. Gentleman for that, but I urge him to project. Speak up, man—we want to hear you.

[Matthew Pennycook]

I shall do my best, Mr Speaker.

There is no such thing as a managed no deal, despite the protestations of the more cavalier Members on the Government Benches. It is a myth, and that is why the idea of no deal as an act of national liberation is so misleading. Not only would the Government in all likelihood lose control of events in a no-deal scenario, but they would inevitably end up supplicating before the EU. The Government’s own technical notices make clear that in a no-deal scenario, agreement is required from Brussels in a swathe of areas.

If anyone thinks that, amid the acrimony that would exist following a no-deal exit, the EU would ride to the rescue and agree to a raft of reciprocal mini-deals in all the essential areas required, a waiver of the Union’s rules or a standstill transition period without a withdrawal agreement, as amendment (f) suggests, they should remind themselves of the Commission’s plans for a no-deal exit. Those plans make it absolutely clear that the EU will agree to co-operative measures only where strictly necessary and where it is in their own interests. The plans make clear that those measures could not replicate the benefits of membership of the Union and state plainly that they could be revoked at any time.

Oral Answers to Questions

Debate between Matthew Pennycook and John Bercow

Thursday 28th February 2019 Commons Chamber

[Mr Speaker]

I am very glad that the right hon. Member for New Forest West (Sir Desmond Swayne) was heartened by the tribute from Paul Flynn, but it seems to be manifest and incontrovertible that he exhibits star quality. Indeed, it is as manifest, incontrovertible and predictable as the passage of the seasons, for goodness’ sake.

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

During yesterday’s debate, the Minister for the Cabinet Office clarified that, in the event of the House voting on 14 March for an extension to the article 50 process, the Government would be required to bring forward legislation and that the House would have a chance to approve whatever final extension length might be agreed with the EU. I have a simple question for the Secretary of State: do the Government foresee that legislation being primary or secondary, and will it be the means by which the House could express its view on the proposed length of the transition?

Oral Answers to Questions

Debate between Matthew Pennycook and John Bercow

Monday 12th November 2018 Commons Chamber

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

17. What recent assessment he has made of the adequacy of funding for maintained nursery schools.

[Mr Speaker]

Minister Zahawi.

[The Parliamentary Under-Secretary of State for Education (Nadhim Zahawi)]

Thank you, Mr Speaker—I will clear my throat. Maintained nursery schools support some of our most disadvantaged children, and they do experience higher costs than other providers. We will therefore be providing local authorities with supplementary funding of about £60 million a year up to 2020.

European Union (Withdrawal) Bill

Debate between Matthew Pennycook and John Bercow

Tuesday 12th June 2018 Commons Chamber

[Matthew Pennycook]

I have to disagree with my right hon. Friend’s point. I did not say that there were no lordships that do not intend to block Brexit, just as there are hon. Members in this House for whom that is the intention. But the aim of the Lords amendments, as they are designated, is not to frustrate Brexit. There is no majority in this House for overturning the referendum result, as my right hon. Friend well knows. It is disingenuous to say that that is the aim of this amendment.

[Mr Speaker]

Order. I know that the hon. Gentleman is not accusing any individual Member of being disingenuous—[Interruption.] I need it to be clear that that is not the case. Would the hon. Gentleman be good enough just to confirm that he is not making any such suggestion?

[Matthew Pennycook]

I am happy to clarify that.

[Mr Speaker]

That is good enough. The hon. Gentleman may continue.

[Matthew Pennycook]

Thank you, Mr Speaker.

As I was saying, the choice that faces us under the Government’s amendment is between the draft withdrawal agreement, even if it is found wanting, and the hardest of departures—the most disorderly exit. Let us remind ourselves of what that would mean: legal chaos, significant damage to our economy, the erection of a hard border in Northern Ireland and serious harm to Britain’s standing in the world. That is why in Committee we tabled new clause 66, which would have guaranteed both Houses a vote on the motion on the terms of withdrawal—and, just as critically, a vote in the event that no such agreement is reached.

European Union (Withdrawal) Bill

Debate between Matthew Pennycook and John Bercow

3rd reading: House of Commons & Report stage: Second Day: House of Commons
Wednesday 17th January 2018 Commons Chamber

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

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

[Mr Speaker]

With this it will be convenient to discuss the following:

New clause 2—Meaning of Withdrawal Agreement—

“It shall be the objective of Her Majesty’s Government to ensure that the arrangements for the UK’s withdrawal from the EU which comprise the “withdrawal agreement” specified in subsection (1) of section 14 shall include full, comprehensive and sufficient detail as if it were a legal instrument capable of acceptance and deposit as an international trade agreement at the World Trade Organisation, with detailed agreements on the following aspects of the future relationship between the United Kingdom and European Union including—

(a) geographical scope of application,

(b) regulatory cooperation,

(c) national security,

(d) cross-border trade in services,

(e) market access,

(f) tariff arrangements,

(g) tariff rate quotas on all products,

(h) customs duties on imports,

(i) duties, taxes and charges on exports,

(j) fees and charges,

(k) import and export restrictions,

(l) provisions concerning anti-dumping and countervailing measures,

(m) transparency,

(n) sanitary and phytosanitary measures,

(o) trade conditions,

(p) customs valuation,

(q) subsidies,

(r) dispute settlement and mediation,

(s) establishment of investments,

(t) non-discriminatory treatment,

(u) expropriation,

(v) enforcement of awards,

(w) mutual recognition of professional qualifications,

(x) cross-border financial services,

(y) prudential regulatory alignment,

(z) maritime transport services,

(aa) telecommunications,

(bb) electronic commerce,

(cc) competition policy,

(dd) state enterprises and monopolies,

(ee) government procurement,

(ff) intellectual property,

(gg) trade and sustainable development and the environment,

(hh) trade and labour standards and employment conditions and

(ii) taxation.”

This new clause would make it the objective of HM Government that the withdrawal agreement sought prior to exit day should include proposals setting out the full details expected of a comprehensive international trade agreement.

New clause 3—Republic of Ireland and Northern Ireland—

“(1) Nothing in the provisions made under section 8 or section 9 of this Act shall authorise any regulations which—

(a) breach any of the obligations of Her Majesty’s Government made under the Belfast Agreement implemented in the Northern Ireland Act 1998 (which made new provision for the government of Northern Ireland for the purpose of implementing the agreement reached at multi-party talks on Northern Ireland), or

(b) create hard border arrangements between Northern Ireland and the Republic of Ireland, or

(c) undermine the full alignment of the United Kingdom with the rules of the European Union Internal Market and the Customs Union which support North-South cooperation, the all-island economy and the protection of the Belfast Agreement.

(2) Subsection (1)(c) shall apply unless Her Majesty’s Government, the Government of the Republic of Ireland and the European Union agree alternative specific solutions which can continue to address the unique circumstances of the island of Ireland, the obligations of the Belfast Agreement and the avoidance of a hard border arrangement between Northern Ireland and the Republic of Ireland.”

This new clause would ensure that the aspects of the Phase 1 agreement between the UK and the EU regarding the Republic of Ireland and Northern Ireland are brought into UK law.

New clause 4—Financial Settlement—

“The Chancellor of the Exchequer shall publish, within one month of Royal Assent of this Act, the full details of the methodology agreed between Her Majesty’s Government and the European Union as set out in the “Joint Report from the Negotiators on Progress During Phase 1” which was published on 8 December 2017.”

This new clause would ensure that the agreed methodology for calculating the financial settlement between the UK and the EU set out in the Joint Report from the Negotiators of 8 December 2017 are published and brought into the public domain.

New clause 5—Trade in Services—

“It shall be the objective of Her Majesty’s Government, in negotiating a withdrawal agreement, to secure the same rights, freedoms and access available to UK businesses trading in services as exists through the United Kingdom’s membership of the European Union, as if section 1 of this Act were not brought into effect.”

This new clause would ensure that the negotiating objectives of Ministers would be to secure the same benefits for service sector trading businesses after exit day as are available under the existing Single Market and Customs Union arrangements by virtue of membership of the European Union.

New clause 6—Alteration to the notification under Article 50(2) of the Treaty on the European Union—

“Her Majesty’s Government shall publish a summary of the legal advice it has received in respect of the ability of the United Kingdom to extend, alter or revoke the notification, under Article 50(2) of the Treaty on the European Union, of the United Kingdom’s intention to withdraw from the EU.”

This new clause would require Ministers to place in the public domain a summary of the legal advice they have received concerning the options available for the United Kingdom in respect of the notification made under Article 50 of the Treaty on the European Union.

New clause 10—Governance and institutional arrangements—

“(1) Before exit day a Minister of the Crown must make provision that all powers and functions relating to any right, freedom, or protection, that any person might reasonably expect to exercise, that were exercisable by EU entities or other public authorities anywhere in the United Kingdom before exit day, and which do not cease to have effect as a result of the withdrawal agreement (“relevant powers and functions”) will—

(a) continue to be carried out by an EU entity or public authority;

(b) be carried out by an appropriate existing or newly established entity or public authority in the United Kingdom; or

(c) be carried out by an appropriate international entity or public authority.

(2) For the purposes of this section, relevant powers and functions relating to the UK exercisable by an EU entity or public authority include, but are not limited to—

(a) monitoring and measuring compliance with legal requirements;

(b) reviewing and reporting on compliance with legal requirements;

(c) enforcement of legal requirements;

(d) setting standards or targets;

(e) co-ordinating action;

(f) publicising information.

(3) Responsibility for any functions or obligations arising from retained EU law for which no specific provision has been made immediately after commencement of this Act will belong to the relevant Minister until such a time as specific provision for those functions or obligations has been made.”

This new clause would ensure that substantive rights and protections cannot be removed by the “back door”, and that the institutions and agencies that protect EU derived rights and protections are replaced to a sufficient standard so those rights and protections will still be enjoyed in practice.

New clause 11—Meaningful vote on deal or no deal—

“(1) The Prime Minister must publish and lay before both Houses of Parliament an assessment of the impact on the economy of the United Kingdom, and on each nation, province or region of the United Kingdom, of any unratified agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU.

(2) Any agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU may not be ratified unless—

(a) subsection (1) has been complied with,

(b) the House of Lords has considered a motion relating to the unratified agreement,

(c) the House of Commons has approved the unratified agreement by resolution,

(d) the statute mentioned in section 9 (approving the final terms of withdrawal of the United Kingdom from the European Union) has been passed, and

(e) any other legislative provision to enable ratification has been passed or made.

(3) If no agreement has been reached by 31 December 2018 between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union setting out the arrangements for the United Kingdom’s withdrawal from the EU, the Prime Minister must publish and lay before both Houses of Parliament within one month an assessment of the impact on the economy of the United Kingdom, and on each nation, province or region of the United Kingdom, of leaving the EU under Article 50(3) of the Treaty on European Union without an agreement.

(4) If no agreement has been reached by 31 January 2019 between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union setting out the arrangements for the United Kingdom’s withdrawal from the EU,

(a) a Minister of the Crown must propose a motion in the House of Lords relating to the lack of an agreement, and

(b) a Minister of the Crown must propose a motion in the House of Commons approving the intention of the United Kingdom to leave the EU under Article 50(3) of the Treaty on European Union without a withdrawal agreement.

(5) Unless the House of Commons approves by resolution after 31 January 2019 the intention of the United Kingdom to leave the EU under Article 50(3) of the Treaty on European Union without a withdrawal agreement, the Prime Minister must either—

(a) reach an agreement before exit day between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU, or

(b) request the European Council for an extension of negotiation under Article 50(3) of the Treaty on European Union, or

(c) rescind the notice of intention under Article 50(2) of the Treaty on European Union to withdraw from the EU given in accordance with the European Union (Notice of Withdrawal) Act 2017 and request the European Council to accept that rescission.’

This New Clause would ensure that the Government assesses the impact of either an agreement or no deal on the UK economy and regions before a meaningful vote, and that if Parliament does not agree to the agreement or to no deal, then the Government must request a revocation or extension of Article 50.

New clause 12—Environmental protection after EU exit—

“(1) Before any exit day, the Secretary of State must publish a report detailing all EU environmental protections, powers and functions.

(2) The report pursuant to subsection (1) shall specify—

(a) all environmental legal protections which derive from EU law;

(b) the powers and functions relating to environmental protection or improvement exercised by EU institutions;

(c) the empowering provisions in EU law relating to those functions; and

(d) any loss of environmental protection, or the monitoring and enforcement of environmental protections, which may arise as a result of the UK’s exit from the EU.

(3) Before any exit day the Secretary of State must publish proposals for primary legislation (the “Draft Environmental Protection Bill”).

(4) The Draft Environmental Protection Bill must include provisions which would—

(a) ensure that the level of environmental protection provided by EU law on the day this Act receives Royal Assent is maintained or enhanced;

(b) make provision to remedy any loss of environmental protection, or the monitoring and enforcement of environmental protections, established in the report pursuant to subsection (1);

(c) create a statutory corporation (to be called “the Environmental Protection Agency”) with operational independence from Ministers of the Crown to monitor environmental targets previously set by EU law relating to environmental protection and other such environmental targets that may be set by Ministers of the Crown and international treaties to which the United Kingdom is party;

(d) require the statutory corporation in (4)(c) to report to Parliament every year on progress in meeting those targets and to make recommendations for remedial action where appropriate;

(e) allow the statutory corporation in (4)(c) to publish additional reports identifying action or omissions on the part of Ministers of the Crown that is likely to result in targets not being met; and

(f) extend to the whole of the United Kingdom.

(5) The Secretary of State must publish annual reports to Parliament on how environmental protections and the monitoring and enforcement of environmental protections have been affected by the United Kingdom’s exit from the EU.

(6) Before publishing a report pursuant to subsection (5) the Secretary of State must hold a public consultation on the effect of leaving the EU on environmental protection.

(7) The Secretary of State must publish and lay before each House of Parliament the first report pursuant to subsection (5) no later 29 March 2020 and each subsequent report must be published no later than the period of one year after the publication of the previous report.”

This new clause would require the Secretary of State to produce a report on the loss of environmental protection as a result of the UK’s exit from the EU, and to prepare an Environmental Protection Bill to make up for any loss of environmental protections, and the monitoring and enforcement of environmental protections. It would also require the Secretary of State to produce annual reports which make an assessment of the impact of the UK’s withdrawal from the EU on UK environmental protection.

New clause 14—Maintaining individual rights and protections—

“(1) When making any agreement under subsection (2), the Secretary of State shall take steps to ensure that UK citizens enjoy standards of rights and protections equivalent to those enjoyed by citizens of the EU under EU law.

(2) This section applies to—

(a) any agreement between the United Kingdom and the EU which prepares for, or implements, the UK’s withdrawal from the EU;

(b) any international trade agreement—

(i) between the UK and the EU, or

(ii) between the UK and another signatory which seeks to replicate in full or in part the provisions of an international trade agreement between the EU and the other signatory.

(3) In relation to any agreement under subsection (2), the Secretary of State will maintain the highest standards of transparency.”

This new clause creates a duty for the Government to ensure that individual rights and protections are maintained to a level equivalent to (although not necessarily the same as) those in the EU when making agreements with the EU or international trade agreements.

New clause 15—Non-regression of equality law—

“(1) Any EU withdrawal related legislation must be accompanied by a statement made by a Minister of the Crown certifying that in the Minister‘s opinion the legislation does not remove or reduce protection under or by virtue of the Equality Acts 2006 and 2010.

(2) In subsection (1) “EU withdrawal related legislation” means—

(a) any statutory instrument under this Act;

(b) any statutory instrument made by a Minister of the Crown wholly or partly in connection with the United Kingdom’s withdrawal from the EU; and

(c) any Bill presented to Parliament by a Minister of the Crown which is wholly or partly connected to the United Kingdom’s withdrawal from the EU.”

This new clause would ensure that legislation in connection with withdrawal from the EU does not reduce protections provided by equality law.

New clause 17—Effect of losing access to EU single market and customs union—

“(1) The Prime Minister must publish and lay before both Houses of Parliament an assessment of the impact on the economy of the United Kingdom, and on each nation, province or region of the United Kingdom, of any unratified agreement (“the Agreement”) between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU.

(2) The assessment in subsection (1) must so far as practicable analyse the expected difference in outcomes between the Agreement and continued participation in the EU single market and customs union.

(3) The assessment in subsection (1) must be prepared by the Treasury and must include separate analyses from the National Audit Office, the Office of Budget Responsibility, the Government Actuary’s Department, and the finance directorates of each of the devolved Administrations of the methodology and conclusions of the Treasury assessment.

(4) A statute of the kind mentioned in section 9 (approving the final terms of withdrawal of the United Kingdom from the European Union) may not come into effect until the Prime Minister’s assessment under subsection (1) has been—

(a) debated by each House of Parliament, and

(b) approved by resolution of the House of Commons.”

This purpose of this New Clause is to ensure that the alternative of remaining in the EU single market and customs union is formally considered by Parliament on the basis of an independently validated economic assessment before any statute approving the final terms of withdrawal takes effect.

New clause 18—Consultation on environmental governance and principles—

“(1) Within one month of Royal Assent, the Secretary of State must consult on and bring forward proposals to—

(a) provide that all powers and functions relating to the environment or environmental protection that were exercisable by EU entities or other public authorities anywhere in the United Kingdom before exit day which do not cease to have effect as a result of the withdrawal agreement are fully carried out.

(b) introduce primary legislation to establish a new independent environmental regulator with the purpose of, responsibility for, and appropriate powers to oversee the implementation of, compliance with and enforcement of environmental law and principles by relevant public authorities.

(c) incorporate EU environmental principles in primary legislation as a basis for relevant decision-making by UK public bodies and public authorities.

(d) establish a process for the publication of a national environmental policy statement or statements describing how the environmental principles will be interpreted and applied.

(2) EU Environmental principles include but are not limited to—

(a) the precautionary principle;

(b) the principle that preventive action should be taken to avert environmental damage;

(c) the principle that environmental damage should as a priority be rectified at source;

(d) the polluter pays principle;

(e) the principle that environmental protection requirements must be integrated into the definition and implementation of policies and activities, in particular with a view to promoting sustainable development;

(3) In carrying out a consultation under this section, the Government must—

(a) consult with the devolved authorities;

(b) be open to responses for at least two months; and

(c) consider the resources and legal powers that the proposed regulator under (1)(b) will need in order to properly carry out its functions.”

This new clause enshrines the Government’s stated intentions in respect of the environmental principles and the establishment of a new independent environmental regulator. It sets out the minimum standards for consultation on these matters.

New clause 20—Citizens’ Jury on Brexit Negotiations—

“(1) A citizens’ jury shall be established to enable UK citizens to be consulted on the progress of negotiations between the UK and the EU on the withdrawal of the UK from the EU, and the approach outlined in UK Government White Papers.

(2) The citizens’ jury shall in total be composed of exactly 1501 persons.

(3) Members of the citizens’ jury shall be randomly selected by means of eligibility from UK citizens on the current electoral register as registered on the date of this Act receiving royal assent, with allocation across the 9 UK Government Regions, Scotland, Wales and Northern Ireland weighted by population, and a stratification plan, with the aim of securing a group of people who are broadly representative demographically of the UK electorate across characteristics including whether they voted Leave or Remain.

(4) The jury will be broken down into individual sittings for each of the 9 UK Government Regions in England, as well as Scotland, Wales and Northern Ireland.

(5) The sittings will be for no more than 72 hours at a time, facilitated by independent facilitators, and if required, by electing fore-people from within their number.

(6) Membership of the jury will be subject to the same regulations and exceptions as a regular jury, but membership can be declined without penalty.

(7) The citizens’ jury will be able to require Ministerial and official representatives of the UK Government and the Devolved Administrations to give testimony to them to inform their work, and to have the power to invite other witnesses to give evidence as required.

(8) The citizens’ jury shall publish reports setting out their conclusions on the negotiations and UK Government White Papers.

(9) The first report from the citizens’ jury shall be published within two months of this Act receiving Royal Assent, and subsequent reports shall be published at intervals of no more than two months.

(10) Costs incurred by the citizens’ jury shall be met by the Exchequer.”

New clause 21—Environmental protection and improvement: continuation of powers and functions—

“(1) The Secretary of State must establish and maintain a publicly accessible register of EU environmental powers and functions.

(2) The register produced pursuant to subsection (1) shall specify—

(a) the specific powers and functions relating to environmental protection or improvement exercised by EU institutions;

(b) the EU institution previously responsible for exercising those powers and functions; and

(c) the empowering provision in EU law relating to those powers and functions.

(3) The register produced pursuant to subsection (1) shall include the following functions—

(a) monitoring and measuring compliance with legal requirements;

(b) reviewing and reporting on compliance with legal requirements;

(c) enforcement of legal requirements;

(d) setting standards or targets;

(e) co-ordinating action; and

(f) publicising information including regarding compliance with environmental standards.

(4) Within one month of Royal Assent, the Secretary of State must—

(a) publish and lay before Parliament a statement identifying those powers and functions identified in the public register established under subsection (1) that will continue to be exercised by EU institutions or, alternatively, the existing or proposed new public authorities to which these powers and functions will be transferred; and

(b) make Regulations containing provisions to ensure that all relevant powers and functions relating to environmental protection or improvement exercisable by EU institutions anywhere in the United Kingdom before exit day continue on and after exit day.”

This new clause would ensure oversight of the transfer of functions from EU institutions to domestic institutions, by requiring the Government to establish a publicly accessible register of environmental governance functions and powers exercised by EU institutions, and to make regulations that ensure that all relevant environmental powers and functions are continued.

New clause 22—Dealing with deficiencies arising from withdrawal – further provisions—

“(1) This section applies where there is a deficiency in retained EU law on and after exit day in respect of which regulations have not been made under section 7.

(2) A deficiency includes, but is not limited to, retained EU law which—

(a) contains anything which has no practical application in relation to the United Kingdom or any part of it or is otherwise redundant or substantially redundant;

(b) confers functions on, or in relation to, EU entities which no longer have functions in that respect under EU law in relation to the United Kingdom or any part of it;

(c) makes provision for, or in connection with, reciprocal arrangements between—

(i) the United Kingdom or any part of it or a public authority in the United Kingdom, and

(ii) the EU, an EU entity, a member State or a public authority in a member State,

which no longer exist or are no longer appropriate.

(d) makes provision for, or in connection with, other arrangements which—

(i) involve the EU, an EU entity, a member State or a public authority in a member State, or

(ii) are otherwise dependent upon the United Kingdom’s membership of the EU,

and which no longer exist or are no longer appropriate

(e) makes provision for, or in connection with, any reciprocal or other arrangements not falling within paragraph (c) or (d) which no longer exist, or are no longer appropriate, as a result of the United Kingdom ceasing to be a party to any of the EU Treaties,

(f) does not contain any functions or restrictions which—

(i) were in an EU directive and in force immediately before exit day (including any power to make EU tertiary legislation), and

(ii) it is appropriate to retain, or

(g) contains EU references which are no longer appropriate.

(3) A deficiency within the meaning of subsection (1) includes any failure or other deficiency arising from the United Kingdom’s withdrawal from the EU together with the operation of any provision, or the interaction between any provisions, made by or under this Act, but does not include any modification of EU law which is adopted or notified, comes into force or applies only on or after exit day.

(4) Where this section applies, the retained EU law in respect of which the deficiency arises is to be interpreted in accordance with subsections (5) to (9).

(5) The retained EU law does not allow, prevent, require or otherwise apply to acts or omissions outside the United Kingdom.

(6) An EU reference is not to be treated, by reason of the UK having ceased to be a member State, as preventing or restricting the application of retained EU law within the United Kingdom or to persons or things associated with the United Kingdom.

(7) Functions conferred on the EU or an EU entity are to be treated as functions of the Secretary of State.

(8) Any provision which requires or would, apart from subsection (7), require a UK body to—

(a) consult, notify, co-operate with, or perform any other act in relation to an EU body, or

(b) take account of an EU interest,

is to be treated as empowering the UK body to do so in such manner and to such extent as it considers appropriate.

(9) In subsection (8)—

“a UK body” means the United Kingdom or a public authority in the United Kingdom;

“an EU body” means the EU, an EU entity (other than the European Court), a member State or a public authority in a member State;

“an EU interest” means an interest of an EU body or any other interest principally arising in or connected with the EU (including that of consistency between the United Kingdom and the EU);

“requires” includes reference to a pre-condition to the exercise of any power, right or function;

(10) This section ceases to have effect after the end of the period of two years beginning with exit day.”

This new clause provides a scheme for interpretation as a backstop where the transposition necessary to avoid deficiencies has not been effected by regulations made under Clause 7.

Amendment 2, in clause 7, page 5, line 6, leave out subsections (1) to (6) and insert—

“(1) A Minister of the Crown may by regulations make such provision as the Minister considers necessary to prevent, remedy or mitigate—

(a) any failure of retained EU law to operate effectively, or

(b) any other deficiency in retained EU law,

arising from the withdrawal of the United Kingdom from the EU.

(2) Deficiencies in retained EU law are where the Minister considers that retained EU law—

(a) contains anything which has no practical application in relation to the United Kingdom or any part of it or is otherwise redundant or substantially redundant,

(b) confers functions on, or in relation to, EU entities which no longer have functions in that respect under EU law in relation to the United Kingdom or any part of it,

(c) makes provision for, or in connection with, reciprocal arrangements between—

(i) the United Kingdom or any part of it or a public authority in the United Kingdom, and

(ii) the EU, an EU entity, a member State or a public authority in a member State, which no longer exist or are no longer appropriate,

(d) makes provision for, or in connection with, other arrangements which—

(i) involve the EU, an EU entity, a member State or a public authority in a member State, or

(ii) are otherwise dependent upon the United Kingdom’s membership of the EU, and which no longer exist or are no longer appropriate,

(e) makes provision for, or in connection with, any reciprocal or other arrangements not falling within paragraph (c) or (d) which no longer exist, or are no longer appropriate, as a result of the United Kingdom ceasing to be a party to any of the EU Treaties,

(f) does not contain any functions or restrictions which—

(i) were in an EU directive and in force immediately before exit day (including any power to make EU tertiary legislation), and

(ii) it is appropriate to retain, or

(g) contains EU references which are no longer appropriate.

(3) But retained EU law is not deficient merely because it does not contain any modification of EU law which is adopted or notified, comes into force or only applies on or after exit day.

(4) Regulations under this section may make any provision that could be made by an Act of Parliament.

(5) Regulations under this section may provide for—

(a) functions of EU entities or public authorities in member States (including making an instrument of a legislative character or providing funding) to be exercisable instead by a public authority (whether or not newly established or established for the purpose) in the United Kingdom,

(b) the establishment of public authorities in the United Kingdom to carry out functions provided for by regulations under this section.

(6) Regulations to which subsection (5) apply must ensure that the functions of such EU entities or public authorities are exercised with equivalent scope, purpose and effect by public authorities in the United Kingdom.

(7) But regulations under this section may not—

(a) impose or increase taxation,

(b) make retrospective provision,

(c) create a relevant criminal offence,

(d) be made to implement the withdrawal agreement,

(e) amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it,

(f) amend or repeal the Northern Ireland Act 1998 (unless the regulations are made by virtue of paragraph 13(b) of Schedule 7 to this Act or are amending or repealing paragraph 38 of Schedule 3 to the Northern Ireland Act 1998 or any provision of that Act which modifies another enactment),

(g) contain any provision the effect of which is that, in comparison with the position immediately before the exit date—

(i) any right conferred on a person by retained EU law is either removed or made less favourable,

(ii) any standard laid by retained EU law is lowered, or

(iii) any remedy, procedure or method of enforcement, in relation to any rights or standards conferred by retained EU law, is made less effective, or

(h) amend, repeal or revoke the Equality Act 2010 or any subordinate legislation made under that Act.”

This amendment restricts the Clause 7 powers so as to ensure they are only used as far is as necessary for the purposes of the Bill, that they do not abolish enforcement functions and that they do not reduce rights or protections.

Amendment 9, page 6, line 16, at end insert—

“(da) amend, repeal or revoke any retained EU law which implements a provision listed in Schedule [Exceptions for Directives etc.].”

This amendment, which is linked to NS1, would except EU Directives relating to workers’ rights from the power to make regulations to remedy deficiencies in retained EU law.

Amendment 56, page 6, line 23, at end insert—

“(6A) Within three months of this Act receiving Royal Assent, and every three months thereafter, a report must be laid before each House of Parliament listing—

(a) all deficiencies which Ministers of the Crown have identified would arise in retained EU law after exit day but which they do not intend to prevent, remedy or mitigate in advance using the powers under subsection (1);

(b) the reasons for each decision not to prevent, remedy or mitigate such deficiencies, and

(c) an assessment of the consequences of that decision.”

This amendment (linked with Amendment 55 provides for Parliamentary scrutiny of any decision not to use clause 7 powers to save retained EU law from being unable to operate effectively.

Amendment 59, in clause 9, page 7, line 16, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has signed an agreement with the European Union guaranteeing that the United Kingdom will remain a permanent member of the EU single market and customs union.”

This amendment would mean the UK would confirm its continued membership of the single market and customs union before Ministers of the Crown carry out any actions under Clause 9 of the Bill.

Amendment 10, in clause 14, page 10, line 40, leave out from “means” to the end of line 41 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 in a separate bill on the terms of withdrawal.

Amendment 39, page 11, line 37, at end insert

“and the arrangements for a status quo transitional period which encompasses—

(a) a “bridging period” to allow new agreements to be reached satisfactorily between the United Kingdom and the European Union lasting as long as necessary for a full trade agreement to be ratified, and

(b) an “adaptation period” to allow the phasing in of new requirements over time to provide for the implementation of changes to new agreements in an orderly and efficient manner.”

This amendment ensures that the meaning of “withdrawal agreement” is also taken to include a detailed transitional period with two distinct aspects, firstly allowing for a “bridging period” during which new agreements are concluded and secondly allowing for an “adaptation period” to give business and other organisations a period to adjust to those new arrangements.

Amendment 1, page 11, line 40, at end insert—

“(2A) Subsection (2B) applies if any “exit day” appointed in this Act is not in accordance with any transitional arrangements agreed under Article 50 of the Treaty of the European Union.

(2B) A Minister of the Crown may by regulations—

(a) amend the definition of “exit day” in the relevant sections to ensure that the day and time specified are in accordance with any transitional arrangements agreed under Article 50 of the Treaty of the European Union, and

(b) amend subsection (2) in consequence of any such amendment.

(2C) Regulations under subsection (2B) are subject to the affirmative procedure.”

This amendment ensures that the Bill can facilitate transitional arrangements within the single market and customs union.

New schedule 1—Exceptions for directives etc.—

[Matthew Pennycook]

I rise to speak to new clause 1 and amendments 2 and 1, which stand in my name and those of my right hon. and hon. Friends. As you are aware, Mr Speaker, this remaining group contains a significant number of important issues, and while I want to spend time talking to each of our three amendments, I am conscious that time is limited, so I will endeavour to keep my remarks as brief as possible.

As my hon. Friend the Member for Sheffield Central (Paul Blomfield) reminded the House yesterday, as far back as last March the Opposition set out six ways in which the Bill required improvement. The first was that it be drafted in such a way as to enable transitional arrangements after 29 March 2019 on the same basic terms as now—including being in a customs union with the EU and within the single market. The second was that the sweeping delegated powers in the Bill be circumscribed. The third was that it needed to contain clear and robust protection and enforcement mechanisms for all EU-derived rights, entitlements, protections and standards. Sadly, despite some small steps in the right direction, the Government have largely failed to respond in any meaningful way to the concerns we raised in relation to these three areas. The purpose of new clause 1 and amendments 2 and 1 is to press the Government once again to do something about each of them.

I turn first to new clause 1, the purpose of which is to ensure that retained EU law enjoys a form of enhanced protection from subordinate legislation contained in other Acts of Parliament. This is a highly technical matter but a crucial one for the rights and protections our constituents enjoy. Mr Speaker, you were not in the Chamber at the time, but hon. Members who were present will recall that the House debated clauses 2, 3 and 4 in great detail on day two of Committee, and I certainly do not intend to cover the same ground again today. As we heard again yesterday, however, there are very real problems that flow from the ambiguous and uncertain status of retained EU law—a problem to which we believe new clause 13, tabled by the right hon. and learned Member for Beaconsfield (Mr Grieve), provides a pragmatic solution, or at the very least a sensible starting point for a conversation about how the status of this new category of law could be more clearly defined.

Leaving to one side the issues relating to the status of retained EU law—issues that I have no doubt the other place will return to at some length—there is another, related concern, and that is the vulnerability of this new category of law to subordinate legislation and what that means in practical terms for the rights, entitlements, protections and standards our constituents currently enjoy. I want to be very clear as to the argument I am making at this point, because when I first did so on day two of Committee, the debate was prone to veer off on to other related but distinct issues.

The concern I am highlighting does not relate to the issue of how Parliament is to scrutinise and, where necessary, approve the hundreds of statutory instruments that will flow from clause 7, as well as clauses 8, 9 and 17. We welcomed the Government’s acceptance of the amendments tabled by the hon. Member for Broxbourne (Mr Walker) and other members of the Procedure Committee, although we still believe that they do not go far enough, particularly in relation to the new sifting committee’s inability to request that Ministers revoke and remake specific statutory instruments.

Nor does the argument that I am advancing concern how the powers contained in this Bill might be used to amend, modify or repeal retained EU law. The specific issue that I am highlighting, and what new clause 1 seeks to address, is our serious concern that the Bill as drafted leaves retained EU law vulnerable to amendment, modification or repeal by subordinate legislation contained in numerous other Acts of Parliament.

Points of Order

Debate between Matthew Pennycook and John Bercow

Monday 6th November 2017 Commons Chamber

[Mr Speaker]

I would say to the shadow Secretary of State that every Member of this House is responsible for the veracity of what he or she says to it. If a Member believes that he or she has made a mistake, that Member has a responsibility to correct the record. However, I would point out, both for Members of the House and for all others interested in our proceedings, that sometimes these matters are, let me put it this way, notably political and that there are issues of interpretation and of argument—notwithstanding the shadow Leader of the House, the hon. Member for Walsall South (Valerie Vaz), shaking her head and frowning at me in a mildly censorious manner. That nevertheless remains the case. If I did not know the hon. Member for Ashton-under-Lyne (Angela Rayner) better, I would think that she was using the device of a point of order in a rather bogus way to continue the debate that had been taking place in Education questions. However, because I know her as well as I do, I cannot believe that she would be guilty of such impropriety and opportunism.

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

rose—

[Mr Speaker]

I am saving the hon. Gentleman up; he is too precious to waste at this early stage of the proceedings.

[Mr Speaker]

I am grateful to the hon. Gentleman, who has taken his opportunity. If the Minister genuinely did not have the information to hand, but would otherwise be willing to provide it, he might think it a collegiate thing to do to provide it, either to the hon. Gentleman or to all Members by a deposit in the Library of the House. But the Minister is not under any obligation to do that. He has always struck me as an agreeable fellow, however, and he might well think that that is an agreeable thing to do, but if he does not, it is not a matter for Chair sanction. The hon. Gentleman has an indomitable spirit, and I sense that if he does not get what he wants, he will be beetling into the Table Office and tabling a flurry of questions to the Minister, which the Minister might find it rather irksome to have to answer. The Minister might therefore think that the simpler course would be to lob the material in the hon. Gentleman’s direction, and that that might provide due satisfaction.

[Matthew Pennycook]

On a point of order, Mr Speaker. Following last week’s passing of a motion of unopposed return relating to the sectoral impact assessments carried out by the Department for Exiting the European Union, the Secretary of State has this afternoon written to the Chair of the Brexit Select Committee to say that

“it is not the case that 58 sectoral impact assessments exist.”

This is despite the fact that the Government have published a list of those 58 sectors. He adds in his letter that

“it will take my Department…time to collate and bring together this information in a way that is accessible and informative for the Committee.”

Mr Speaker, you made it clear last week that precedent suggested that the motion was binding and effective, but I am concerned that the Government are not treating that motion or the House with the required respect or seriousness. Is it still your opinion that this is a matter that should be deliberated on over a period of days? If, as appears to be the case, the Government are going to take weeks to provide the information, what more can the House do to expedite the matter? Finally, is it your opinion that there is a case for the Secretary of State coming to the House tomorrow to explain the Department’s handling of this matter?

[Mr Speaker]

I thank the hon. Gentleman for his point of order and for his characteristic courtesy in giving me advance notice of it. The motion passed on Wednesday obliges Ministers to provide the Exiting the European Union Committee with the impact assessments arising from sector analyses. That should be done very promptly indeed. Failing that, I expect Ministers to explain to the House before we rise tomorrow evening why they have not provided them and when they propose to do so.

I should say, and will out of courtesy to the Secretary of State for Exiting the European Union and for the information of the House, that the Secretary of State has contacted me to say that the Government will comply with the ruling from the Chair and, by implication, with the outcome of the uncontested vote by providing the material. Moreover, before I had even contemplated whether to ask for it—I had not asked for it there and then—the Secretary of State offered me an indication of likely timescale. That was by way of him informing me, but informing me of an outline plan is one thing—I do not cavil at the Secretary of State for doing that—but informing the House is another, and the obligation is to the House.

The House’s interest in this will be protected by the Brexit Committee, which is chaired by the right hon. Member for Leeds Central (Hilary Benn), who was elected by the whole House. I know that if he considers that his Committee, and by extension the whole House, is not being treated with due respect, he will not be slow to alert the House and to seek redress. We may have to return to this matter very soon. My feeling is that the best course of action is for the Government to set out in terms and in public their intended modus operandi and timescale. As I say, that must happen before we rise tomorrow.