Euratom Exit Strategy

Nadhim Zahawi Excerpts
Tuesday 5th November 2019

(4 years, 6 months ago)

Written Statements
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Nadhim Zahawi Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Nadhim Zahawi)
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The Government have further advanced their preparations for the UK’s withdrawal from Euratom and the European Union.

As made clear in previous statements on the topic, the UK has concluded all replacement international agreements required to ensure continuity for civil nuclear trade for when Euratom arrangements no longer apply to the UK and confirmed the operability of an existing bilateral nuclear co-operation agreement (NCA) with Japan.

Further to this, the UK and the Government of Japan held formal negotiations on the text of an amending protocol to the existing bilateral nuclear co-operation agreement (NCA) on 4 June. This amending protocol is not essential for the operability of the NCA or for our continued trade and co-operation with Japan but completes the formal legal process to amend the NCA on a permanent basis. Negotiations on the amending protocol continue.

Implementation guidelines for nuclear operators were published on 27 June outlining future reporting requirements on operators related to nuclear co-operation agreements. These requirements will allow the UK to comply with its NCAs with Australia, Canada, Japan and the US, following withdrawal from Euratom.

The UK also continued to make progress in implementing its new domestic safeguards regime. The Office for Nuclear Regulation (ONR) remains in a state of readiness to deliver a state system of accounting for and control of nuclear material (SSAC) that enables the UK to meet its international safeguards obligations when Euratom arrangements no longer apply.

The former Secretary of State prescribed the forms required by UK industry to notify UK regulators of the import of sealed radioactive sources from EU member states as well as the forms required by UK industry and UK regulators to apply for, authorise, and notify trans-frontier shipments of radioactive waste and spent fuel. The use of these forms will only be required from exit day in the event that the UK leaves the EU without a deal. A statement notifying Parliament of the use of the sub-delegated powers exercised to create these forms can be found in the report accompanying this statement.

Overall the Government have continued to work closely with industry to address the issues that may affect the civil nuclear sector in any exit scenario and remains committed to regular engagement with industry, civil society, academia, trade unions, and other interested stakeholders.

Today I will be depositing a report in the Libraries of both Houses that sets out further details on the overall progress on the Government’s implementation of its Euratom exit strategy, including domestic operational readiness, legislation and international agreements. The report covers the three-month reporting period from 26 March to 26 June 2019 and is the fourth and final statutory report under section 3(4) of the Nuclear Safeguards Act 2018.

[HCWS87]

Oral Answers to Questions

Nadhim Zahawi Excerpts
Tuesday 22nd October 2019

(4 years, 6 months ago)

Commons Chamber
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Lucy Powell Portrait Lucy Powell (Manchester Central) (Lab/Co-op)
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4. What recent discussions she has had with the Secretary of State for Transport on the potential benefits of High Speed 2 to businesses in the north.

Nadhim Zahawi Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Nadhim Zahawi)
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The independent Oakervee review will advise the Government on High Speed 2, including potential business benefits and how it should proceed. The hon. Lady will understand that I would not want to prejudice those findings.

Lucy Powell Portrait Lucy Powell
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I thank the Minister for that reply, but six regional heads of the CBI say that High Speed 2 should be built in full and the Northern Powerhouse Partnership recently published its excellent independent review saying the same, arguing that only HS2 can really rebalance our economy. Will the Secretary of State, as the business representative at the Cabinet table, advocate for business in the north?

Nadhim Zahawi Portrait Nadhim Zahawi
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The hon. Lady mentions the CBI. Both the Mayor of Greater Manchester, Andy Burnham, and the Mayor of Birmingham, Andy Street, who sits on the panel conducting the review, have said it is important that we kick the tyres on value for money, but it is also important to make such representations to ensure that the committee gets a full view of the business benefits of HS2.

Philip Davies Portrait Philip Davies (Shipley) (Con)
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May I urge the Minister to ignore the siren voice opposite? Most people in the north accept that HS2 is a catastrophic waste of money— a huge white elephant that is destroying the environment and the countryside and will chiefly benefit London, hence why it started out in London in the first place. May I therefore urge him to tell the Secretary of State for Transport to scrap HS2 and crack on with the thing that will really benefit the northern economy—Northern Powerhouse Rail or HS3—connecting the north, which is what we need to benefit the north’s economy.

John Bercow Portrait Mr Speaker
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I do wish the hon. Gentleman would overcome his natural shyness.

Nadhim Zahawi Portrait Nadhim Zahawi
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I do not think there is any danger of that, Mr Speaker.

My hon. Friend raises an important point, which is why the Prime Minister has pledged to fund the Leeds to Manchester route and has accelerated those plans with a deal in the autumn of 2019, with billions of pounds going into Northern Powerhouse Rail, and has of course set up Transport for the North.

Barry Sheerman Portrait Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
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The Minister may know that I am a fierce opponent of the £100 billion that is going to be wasted on HS2. Has he looked at research in France, where we see that high-speed trains actually suck more power and wealth into the metropolitan area of Paris, rather than the renewal of provincial towns? Will he have a look at the £100 billion, because that is how much it is going to cost, and will he spend it instead on investing in the workforce of this country?

Nadhim Zahawi Portrait Nadhim Zahawi
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The hon. Gentleman makes a powerful point, although his colleague, the hon. Member for Manchester Central (Lucy Powell), was shaking her head, so there is clearly division on the benefits of HS2. That is why we have an independent review to tell us which way we should proceed.

Martin Vickers Portrait Martin Vickers (Cleethorpes) (Con)
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One of the businesses in northern Lincolnshire that will be a crucial part of the supply chain for HS2 is British Steel in Scunthorpe. I urge the Minister, when he is in discussion with the Department for Transport, to consider the effect on the supply chain and the impact on local economies.

Nadhim Zahawi Portrait Nadhim Zahawi
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That is certainly a consideration for the review.

Lee Rowley Portrait Lee Rowley (North East Derbyshire) (Con)
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5. What steps her Department is taking to review the regulation of hydraulic fracturing.

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Gareth Johnson Portrait Gareth Johnson (Dartford) (Con)
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8. What recent steps she has taken to support businesses in Dartford constituency.

Nadhim Zahawi Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Nadhim Zahawi)
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I am pleased to say that Dartford has been shortlisted for the future high streets fund to renew its town centre. This will build on £4.3 million support already allocated from the South East local enterprise partnership growth fund.

Gareth Johnson Portrait Gareth Johnson
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A number of businesses in my constituency face an uncertain future due to a nationally significant infrastructure project earmarked for the Swanscombe peninsula, where those businesses are located. Will the Minister commit to working with the Ministry of Housing, Communities and Local Government to do all he can to support the businesses that find themselves in that situation?

Nadhim Zahawi Portrait Nadhim Zahawi
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I fully appreciate the concerns of local businesses with regard to the uncertainty over Swanscombe peninsula. My Department works very closely with the Ministry of Housing, Communities and Local Government. I will gladly raise this with my right hon. Friend the Minister for the Northern Powerhouse and Local Growth, when I see him tomorrow.

Karen Lee Portrait Karen Lee (Lincoln) (Lab)
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9. What assessment her Department has made of the potential effect of changes to VAT for solar on the uptake of photovoltaic and battery storage systems.

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Mark Pawsey Portrait Mark Pawsey (Rugby) (Con)
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14. What support her Department is providing for the development of electric vehicle technology.

Nadhim Zahawi Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Nadhim Zahawi)
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We have just announced up to £l billion of new funding to advance the next generation of cutting-edge automotive technologies. I am sure the House would want to know how that funding is being used. Part of it is being used by the supply chain for large-scale production of electric vehicles so that we scale up the production in the UK, and of course part of it will be used for vehicle research and development.

Mark Pawsey Portrait Mark Pawsey
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I do not know whether you have had the opportunity to make a journey in one of the new electric London taxis, Mr Speaker, which are manufactured in my Rugby constituency by the London Electric Vehicle Company and which often provide people with their first experience of an electric vehicle. The company has just recorded its best ever sales month, with 352 taxis sold, and the fleet is improving the carbon footprint in our cities by preventing 6,800 tonnes of CO2 from entering the atmosphere. What further can we do to improve the switch to electric?

Nadhim Zahawi Portrait Nadhim Zahawi
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I am very pleased to hear that the London Electric Vehicle Company had record sales in September. I spoke to the CEO recently and was very impressed with their capability. I understand their sales have grown month on month since April. They have capacity to produce 20,000 vehicles a year and his message to this House when I spoke to him was, “Let’s get Brexit done.”

Conor McGinn Portrait Conor McGinn (St Helens North) (Lab)
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Some London boroughs have hundreds of electric vehicle charging points while whole towns in the north have none, but given the lack of public transport options in places such as St Helens, would it not be economically and environmentally better to invest in places such as mine to get people out of their cars?

Nadhim Zahawi Portrait Nadhim Zahawi
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The hon. Gentleman is right to raise this issue. Our grant scheme and the £400 million charging infrastructure investment fund will see thousands more electric vehicle charging points installed across the whole UK.

Damian Hinds Portrait Damian Hinds (East Hampshire) (Con)
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To accelerate take-up, first, we need to have more people having an electric vehicle in their consideration set, so alongside communications to consumers can the Minister look at the pivotal role played by dealers in getting more people to take a test drive?

Nadhim Zahawi Portrait Nadhim Zahawi
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My right hon. Friend raises an important point. Different touch points with consumers are important. For example, when people go for a replacement tax on their car, they should be immediately alerted to the fact that, instead of paying that tax, they could pay for a new electric vehicle.

Chi Onwurah Portrait Chi Onwurah (Newcastle upon Tyne Central) (Lab)
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Electric vehicles represent a fantastic opportunity to combat climate change and boost manufacturing jobs. That is why Labour is committed to investing £2.3 billion in three new battery gigafactories, £3 billion in support for manufacturing new car models, and £3.6 billion in our electricity grid and charging infrastructure, and we will also provide targeted interest-free loans for new electric cars for up to 500,000 people a year. We will do all that while retaining membership of the world’s largest customs union. Apart from a few ad hoc pots of money, the Government are proposing green licence plates. When it comes to climate change and manufacturing, is it not true that the Government are all hot air and no action?

Nadhim Zahawi Portrait Nadhim Zahawi
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The hon. Lady just reeled off a list, so I will reel off my own list of good news, starting with the fact that Government announced £1 billion to increase the capacity for electric car development. On 10 October, Nissan launched the new Juke model after investing £100 million in Sunderland. On 26 September, Jaguar Land Rover announced its latest investment in the Gaydon facility, close to my constituency. On 18 September, INEOS Automotive announced that its headquarters and assembly plant for its SUV will be based in Bridgend. BMW’s new MINI Electric launched in July. JLR has made a massive investment in electric engines at Castle Bromwich. On 20 March, Toyota announced a collaboration with Suzuki to make an electric version of its Corolla model. That is all real investment, not “hot air”. The Labour party would crash the economy, raise taxes and have nothing—nowt—to spend on the green economy.

Julian Sturdy Portrait Julian Sturdy (York Outer) (Con)
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T1. If she will make a statement on her departmental responsibilities.

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Christian Matheson Portrait Christian Matheson (City of Chester) (Lab)
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T5. When we leave the European Union, we will also leave the auspices of the European Union Aviation Safety Agency, so what plans do Ministers have to provide regulatory certainty to the aerospace sector and for the thousands of jobs that it relates to in my constituency?

Nadhim Zahawi Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Nadhim Zahawi)
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I think the hon. Gentleman would know that we already have agreements in place so that planes can continue flying. If he votes for the deal today, we will be in a much better place to leave in an orderly way.

Paul Masterton Portrait Paul Masterton (East Renfrewshire) (Con)
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More than half a dozen post offices in East Renfrewshire have closed over the past couple of years and not one has been able to be replaced, because it was not a viable business proposition for retailers. Does the Minister think that increased fees under the banking framework agreement will be enough to build the sustainability of the post office network?

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Jessica Morden Portrait Jessica Morden (Newport East) (Lab)
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T7. Last week, Tata Jaguar Land Rover announced that it had created an electric drive unit, which the Government are helping to fund. In view of that, will the steel Minister work with Tata to ensure that the Orb steelworks in Newport stays open and is part of the supply chain? It would be a travesty to lose the capacity to make electrical steel in this country.

Nadhim Zahawi Portrait Nadhim Zahawi
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The hon. Lady and I are set to meet on 29 October, and I am meeting the all-party group on steel the day before. I will do everything I can to work with Tata to see whether we can find a future for the steelworks.

David Morris Portrait David Morris (Morecambe and Lunesdale) (Con)
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I draw the House’s attention to my entry in the Register of Members’ Financial Interests. In my constituency, we have two EDF nuclear power stations. Part of the EDF group is RTE, which is currently working with the British company Aquind to deliver cross-EU-border energy infrastructure. The EU Commission has just removed UK companies from its list of projects of common interests, which affects their regulation. Will my right hon. Friend urge Ofgem to step up and protect British companies by granting regulation as soon as possible in accordance with British law?

Draft Freedom of Establishment and Free Movement of Services (EU Exit) Regulations 2019

Nadhim Zahawi Excerpts
Monday 21st October 2019

(4 years, 6 months ago)

General Committees
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Nadhim Zahawi Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Nadhim Zahawi)
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I beg to move,

That the Committee has considered the draft Freedom of Establishment and Free Movement of Services (EU Exit) Regulations 2019.

May I say what a pleasure it is to serve under your chairmanship, Mr Hanson, and congratulate you on becoming a grandad for the first time? [Hon. Members: “Hear, hear!”]

The regulations, which were laid before the House on 11 July, will disapply directly effective rights of establishment and the provision of services derived from article 49, on freedom of establishment, article 56, on free movement of services, and article 57, the definition of “services”, of the treaty on the functioning of the European Union—TFEU—if the UK leaves the EU without a withdrawal agreement. Certain directly effective rights, derived from article 18 of the TFEU, prohibit discrimination on grounds of nationality within the scope of application of the EU treaties. For completeness, the regulations therefore also disapply article 18 of the TFEU in so far as it relates to the disapplication of rights of establishment and provision of services.

The regulations also disapply equivalent or similar articles derived from the European Economic Area agreement between the EEA countries, the free movement of persons agreement with Switzerland, and the Ankara agreement and the additional protocol with Turkey. Henceforth those will be referred to as countries with associated agreements.

Directly effective rights of establishment and free movement of services ensure that nationals from EU member state territories can be self-employed, own and manage a company and provide services on a temporary basis in another member state under the same conditions as that state’s own nationals, and that they can receive services without facing certain restrictions in the EU single market. Rights derived from the TFEU are based on reciprocal relationships between EU member state territories; and rights derived from EU bilateral and multilateral agreements are based on reciprocal relationships between EU member state territories and certain non-EU territories.

The rights are retained in UK domestic law on exit day by virtue of section 4 of the European Union (Withdrawal) Act 2018. The Government have decided to disapply the rights as part of their preparations for Brexit on 31 October. The decision was taken for three primary reasons. First, the rights will no longer be reciprocated. The rights apply only to nationals of one EU member state or country with an associated agreement operating in the territory of any other EU member state or country with an associated agreement. As a result, once the UK ceases to be a member state of the EU, the rights will automatically no longer be reciprocated.

The second reason is sovereignty. Given that the rights will no longer be reciprocated, failing to disapply the rights in UK law would leave a lack of clarity as to whether EU nationals and nationals of countries with associated agreements had additional rights, compared with nationals of other countries, to challenge the laws and decisions of UK authorities after Brexit. In turn, that could restrict the Government’s future ability to regulate, particularly when UK nationals will no longer have the benefit of these rights in the EU.

The third reason is compliance with international law. Disapplying the rights will facilitate the UK’s compliance with international trade law and specifically the World Trade Organisation’s general agreement on trade in services—GATS—ensuring that the UK is not in violation of the most favoured nation principle.

I want to move on to impact. The Government were keen to ensure that the regulations received proper scrutiny before being brought before the House. I can confirm that the Government sought and received the consent of the devolved Administrations in Scotland and Wales to legislate on this matter, as the treaty rights being disapplied could, in a domestic context, impact on both reserved and devolved policy. This included agreement from the Scottish Parliament’s Economy, Energy and Fair Work Committee. The Government also notified the Northern Ireland civil service of our intention to legislate.

In addition, the Government engaged fully with the Joint Committee on Statutory Instruments. The Committee considered the regulations at its meeting on 4 September and chose not to report them to either House. The instrument was also considered by the Secondary Legislation Scrutiny Committee at its meeting on 23 July, and it drew the instrument to the special attention of the House on the grounds that it gives rise to issues of public policy likely to be of interest to the House.

Stephen Doughty Portrait Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
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I appreciate that I have not been selected as a member of the Committee, but I understand that I have the right to speak and ask questions on behalf of my constituents. The Minister is obviously getting his defence of this highly controversial measure in early. Does he not accept that it has caused great alarm to many self-employed EU citizens who have been operating legitimate and important businesses in our communities up and down the country? I was contacted by a constituent today who was simply unaware of this and is deeply alarmed.

Nadhim Zahawi Portrait Nadhim Zahawi
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That is precisely why I am going into some detail on why the regulations will have no impact at all on the work or services provided by EU nationals or nationals of Turkey or Switzerland.

Let me make some more headway on the reasoning given by the Secondary Legislation Scrutiny Committee. For example, the Committee noted that the instrument seeks to ensure that the UK is compliant with WTO law and that it will make it an offence to dishonestly use illicit satellite decoder cards from the EU. I will attempt to address both of those points momentarily. However, I want to reassure the House on a number of aspects of the regulations: the practical impact that we expect from the disapplication of these rights; the interaction between these rights and EU citizens’ rights, which I think was essentially the thrust of the concern of the hon. Member for Cardiff South and Penarth on behalf of his constituents; and the impact of the disapplication of these rights on the immigration regime.

First, with respect to the practical impact of the regulations, they do not impose any additional restrictions on EU nationals or EU-based businesses, or on the nationals and businesses of the countries with associated agreements, at the point at which we exit the EU. This is because existing UK legislation is expected to be compliant with these rights. The Government have prepared as thoroughly as possible to identify policy areas that are reliant on the establishment and free movement of services treaty rights, and therefore have a good understanding of where direct policy impacts can be expected as a result of disapplying these rights today. With the exception of an impact on the use of satellite decoder devices, no direct policy impacts were identified during that preparation. The regulations will impact on the use in the UK of satellite decoder devices intended for EU audiences in order to dishonestly receive a programme with the intent of avoiding a charge. This is as a result of aligning the law with that already applied for satellite decoder devices intended for non-EU audiences.

Secondly, on citizens’ rights, the rights disapplied by the regulations should not be confused with the citizens’ rights of EU citizens currently resident in the UK, which are being protected separately. The UK’s guarantee to EU citizens is that those who are resident in the UK by exit day will still be able to work, study and access benefits and services, whatever the scenario. This is separate to, unrelated to and unaffected by these regulations.

Thirdly, with regard to immigration, these regulations will not in themselves have any impact on the immigration regime applying to EEA, Turkish and Swiss nationals in the UK. The Government have announced that free movement as it stands under EU law will end on 31 October if we leave the EU without a deal. A new points-based immigration system will be introduced from January 2021. Until then, much of the free movement migration framework will remain until the UK Parliament passes legislation to repeal the Immigration (European Economic Area) Regulations 2016.

The regulations that we are considering today carve out the rights in so far as they fall within the scope of the immigration regime applied to Swiss nationals and Turkish nationals. This is to ensure that changes to the immigration regime applied to Swiss nationals and Turkish nationals come into force via primary immigration legislation. These regulations are an important part of the Government’s preparation for Brexit. They facilitate the UK’s compliance with international trade law and they preserve the UK’s freedom to regulate, should this Government or a future Government choose to do so—after we have left the EU, of course.

I commend the regulations to the House.

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Nadhim Zahawi Portrait Nadhim Zahawi
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May I start by sharing with the Committee my dismay and disappointment at the conflating of this SI with issues of immigration and the status of European citizens, as well as those from Turkey and Switzerland, who work hard and deliver services here?

The hon. Member for Glasgow Central might not have been in the room when I confirmed that the Government sought and received the consent of the devolved Administrations in Scotland and Wales because we wanted to make sure that we received consent before we moved forward, but I hope that she and the hon. Member for Reading East will refrain from scaremongering. They both spoke about the impact on EU citizens’ rights, and I want to reiterate to the Committee that EU citizens’ rights are being preserved separately from this instrument. The Government have already committed to protect the rights of more than 3 million EU citizens, which we have heard being conflated today with this statutory instrument. We will make sure that their rights are protected. The regulations do not affect the offer that the Government have made to EU citizens resident in the UK at the point of exit. They do not interact with the citizens’ rights agreements with Switzerland and the EEA European Free Trade Association states.

Alison Thewliss Portrait Alison Thewliss
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Will the Minister give way?

Nadhim Zahawi Portrait Nadhim Zahawi
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I have a lot to cover, but I will happily take the hon. Lady’s intervention later. The Government’s plan on citizens’ rights confirms that EEA and Swiss citizens resident in the UK by exit day would be able to apply to the EU settlement scheme until at least 31 December 2020 to secure their status in a no-deal scenario. The EU settlement scheme is live and performing well. More than 2 million applications have now been received, and the scheme will continue to run in a deal or no-deal scenario. EU citizens resident in the UK by exit day will continue to be able to access benefits and services on exactly the same basis after the UK exits the EU as they do now. I sincerely hope that colleagues will refrain from scaremongering. It is deeply irresponsible for hon. and right hon. Members to do so.

The hon. Member for Sefton Central asked important questions, which I will attempt to address. He asked about the impact assessment for the regulations. An impact assessment has not been prepared because the impact has been approved de minimis in line with the better regulation framework.

Bill Esterson Portrait Bill Esterson
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How will you know if you don’t do one?

Nadhim Zahawi Portrait Nadhim Zahawi
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Let me make some headway.

The only area in which the directly effective rights of establishment or free movement of services have been identified to have a direct impact on UK businesses is in the case of satellite decoders, where we expect the impact to be minimal. The directly effective rights of establishment and free movement of services impact the immigration regime applied to Swiss and Turkish nationals. Changes to the regimes will be delivered by primary immigration legislation, so let us not conflate those two things.

The hon. Gentleman also asked how we know that the EU will not reciprocate. Why are we doing this now? These rights are no longer reciprocated once we leave the EU. They are directly effective rights that are applicable only to member states. However, this does not preclude us from agreeing an ambitious free trade agreement with the EU.

The hon. Member for Cardiff South and Penarth said that the regulations are necessary to protect the Government’s freedom to regulate in a no-deal scenario and asked what regulations the Government are planning that would contravene or depart from those rights. We anticipate that the immediate practical impact of the regulations on the ability of EU, EEA, EFTA, Swiss or Turkish nationals to establish or carry on business or provide services in the UK will be limited, because UK law is currently expected to be compliant with these rights. Were there to be any legislative changes that depart from these rights—which I think is his point— after we have left the EU, they would be subject to the scrutiny of Parliament in the normal way and so would be considered at the appropriate time.

I want to return to the hon. Member for Sefton Central, who asked how the Government can be sure that there are no other direct impacts. The Government have prepared as thoroughly as possible. I hope he would agree that we have consulted as thoroughly as we can, and that the only exception is the satellite decoders.

Several hon. Members spoke about the submission from the Public Law Project. Allow me to address it. It is important that we get this on the record, because emotions are running high and the atmosphere is febrile in this place. I think I have addressed the issue of the impact assessment. The hon. Member for Sefton Central said that these go beyond the powers conferred on Ministers by the Henry VIII powers in section 8 of the withdrawal Act, a point that pretty much comes from the Public Law Project notes that were circulated today. I will share with the hon. Gentleman the correct position. The powers delegated to Ministers by Parliament via the EU withdrawal Act specifically allow changes to be made to existing Acts of Parliament by secondary legislation, through so-called Henry VIII powers. In its report on Henry VIII and delegated powers, the House of Lords Constitution Committee noted that

“the distinction between Henry VIII and other delegated powers is not in this exceptional context a reliable guide to the constitutional significance of such powers, and should not be taken by Parliament to be such.”

Section 8 powers to prevent, remedy or mitigate deficiencies in the EU law retained under the Act that arise from the UK’s withdrawal from the EU are used here to address deficiencies in retained EU law relating to certain provisions on freedom of establishment and free movement of services in the event that the UK leaves the EU without a deal. Section 8 is used to address any inoperability of such rights and to ensure that UK law continues to function effectively and with legal clarity.

Bill Esterson Portrait Bill Esterson
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I made the point that section 8 of the withdrawal Act is designed to address deficiencies in retained EU law—that is not in question. The problem is that it is not being used for that; it is being used for changes in policy and to affect people’s rights. That goes way beyond the scope, as does addressing WTO deficiencies. That is not what was ever envisaged or stated by the Government when they passed the withdrawal Act.

Nadhim Zahawi Portrait Nadhim Zahawi
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The deficiencies in retained directly effective rights concerning freedom of establishment and the free movement of services, including a lack of reciprocity, which there cannot be in this case, arise as a result of the withdrawal of the UK from the EU. That is the whole point. The provisions in the regulations are being made as a direct consequence of the UK’s exit from the EU.

Finally, the hon. Member for Sefton Central mentioned the3million’s campaign on our doing this here through secondary legislation, rather than primary legislation. The regulations do not represent a significant policy change, as he suggests. They simply do not. If colleagues prefer to scaremonger, that is their prerogative, but I do not agree with them. I think it is a mistake to do that. It is a time to behave responsibly. The regulations do not impose any new restrictions on EU, EEA, EFTA, Swiss or Turkish nationals or on EU, EEA, EFTA, Swiss or Turkish-based businesses at the point at which we exit the EU, and we do not expect disapplying these rights to have a direct impact on the ability of EU, EEA, EFTA, Swiss or Turkish nationals to establish or provide services. The hon. Gentleman will know better than I do that successive Governments have implemented EU obligations via both secondary and primary legislation, so I hope he will reconsider his position.

I will end, Mr Hanson, because I want to get you over the road to the hospital to see your granddaughter. I thank Members for their valuable contributions to this debate. I compel them to think twice before they scaremonger. The hon. Member for Glasgow Central should talk to her colleagues in the Scottish Parliament on this.

Stephen Kerr Portrait Stephen Kerr (Stirling) (Con)
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On that point, I agree with the Minister. It is very distressing in Scotland to hear the kind of propaganda we have heard this evening. It has been widely disseminated. In fact, an MEP in Scotland has written to all the EU citizens living in my constituency with similar scaremongering, with an opening paragraph on the Government’s attitude towards EU citizens. Does he believe for one minute that the hon. Member for Glasgow Central will go back to the constituents to whom she spent the weekend scaremongering and put them right? I do not. This is typical of the tactics that the Scottish National party is using in Scotland at the minute.

Nadhim Zahawi Portrait Nadhim Zahawi
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It is incumbent on us all to be sensible and to reflect on today. Let us not add fuel to the flames of division. Let us come together. Hon. Members heard in my opening remarks that we have consulted thoroughly with our colleagues in Scotland and Wales, so I ask everyone to please act responsibly.

Stephen Doughty Portrait Stephen Doughty
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I gently say to the Minister that it is certainly not my intention, or that of many hon. Members, to scaremonger in any way. The fact is that we are representing our constituents who are scared and who have concerns. I was not aware of this issue until my constituents raised it with me. I have to say that I do not agree with his characterisation of the EU settlement scheme. The Home Affairs Committee, on which I sit, has repeatedly found serious concerns and problems with how it operates, and indeed with the entire immigration system. That is why people have those concerns and are scared. It is genuine; it is not us scaremongering.

Nadhim Zahawi Portrait Nadhim Zahawi
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I am grateful to the hon. Gentleman for that thoughtful intervention. I only ask that he shares the debate with his constituents, so that they can read, in black and white, what I have outlined as the true position of the legislation.

I again thank you, Mr Hanson, and Committee members. The regulations form an important part of our preparations to leave the EU, hopefully with the great deal that the Prime Minister has negotiated. They help to preserve our freedom to regulate after we have left the EU with respect to the establishment and carrying on of business in the UK, and the provision of services. They also facilitate our compliance with international trade law, which is important. We pride ourselves on being a country where people obey the rule of law—a subject that has been widely debated in this place and across the media. I commend the regulations to the Committee.

Question put.

Radioactive Waste: Geological Disposal

Nadhim Zahawi Excerpts
Thursday 17th October 2019

(4 years, 6 months ago)

Written Statements
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Nadhim Zahawi Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Nadhim Zahawi)
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Today I am pleased to designate the “National Policy Statement for Geological Disposal Infrastructure”, which was laid in parliament on 4 July.

This is an important milestone in finding a solution to manage the UK’s higher activity radioactive waste and this marks the final step in the parliamentary process for the national policy statement.

It is important that we who have benefited from nuclear technology take appropriate steps now to manage the waste created from using that technology. Nuclear technology has provided clean energy to our homes and businesses and will continue to play an important role as we transition to a carbon-neutral economy. For a long time, we have also used radioactive materials to treat and diagnose serious illnesses, to deliver research and development and to help deliver industrial processes. Radioactive waste is created from a variety of sources including electricity generation, defence and healthcare, and geological disposal is internationally recognised as the safest and most secure means of permanently managing a proportion of this waste not suitable for other management regimes.

The “National Policy Statement For Geological Disposal Infrastructure” sets out the need for such disposal infrastructure to safely and securely manage the UK’s higher activity radioactive wastes. The national policy statement provides an appropriate and effective framework for the Planning Inspectorate and the Secretary of State for the Department for Business, Energy and Industrial Strategy to examine and make decisions on development consent applications for geological disposal infrastructure in England

In order to support the requirements for the designation of “The National Policy Statement for Geological Disposal Infrastructure”, I am also publishing the “Final Habitats Regulations Assessment Report” and the post-adoption statement for the appraisal of sustainability on the Department’s website.

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