EU Retained Law

Baroness Winterton of Doncaster Excerpts

Wednesday 22nd June 2022 Commons Chamber

[The Minister for Brexit Opportunities and Government Efficiency (Mr Jacob Rees-Mogg)]

With permission, Madam Deputy Speaker, I will make a statement about EU retained law.

Earlier this year, my right hon. Friend the Prime Minister set out that:

“The United Kingdom’s uncoupling from the rules, regulations and institutions of Brussels was never simply about the moment of our departure; the act of Brexit was not an end in itself but the means by which our country will achieve great things.”

Now that we have left the European Union the sovereignty of Parliament has been restored and we are free once again to legislate, regulate, or deregulate as this sovereign Parliament redux pleases. As we maximise the benefits of Brexit and transform the UK into the most sensibly regulated economy in the world, we must reform the EU law we have retained on our statute book. Only through reform of this retained EU law will we finally be able to untangle ourselves from nearly 50 years of EU membership.

In September 2021 my predecessor the noble Lord Frost announced a review into the substance of retained EU law. The purpose of the review was to catalogue which Departments, policy areas and sectors of the economy are most saturated by European law—law that was imposed upon us in a time when Parliament was unable to refuse consent. The road to reform remains a long one; not all Brexit freedoms can be grasped at once. I am pleased to report that Whitehall fired on all cylinders to complete this review. As a result, Members across the House can properly appreciate the extent of EU law on our statute book and the extent of the opportunities that reforming this law provides.

In the 2022 “The Benefits of Brexit” announcement, the Prime Minister committed to making the outcome of this review available to the public. It is right that the public know how much retained EU law there is and that they should be able to hold the Government properly to account for reforming it. The public have already shown great interest in the EU law that remains on our statute book, as evidenced by the huge amount of correspondence I received in response to my request for details of EU legislation that still burden them—and I am grateful to readers of The Sun and the Sunday Express for their many replies. I am also encouraging some competitiveness between my right hon. Friends in the Cabinet, and hope that this spirit will inspire rapid reform, with returns published every quarter by Departments.

Therefore, I am pleased to announce that today we publish an authoritative catalogue of over 2,400 pieces of legislation, spanning over 300 individual policy areas. This catalogue will be available on gov.uk through an interactive dashboard. It will be updated on a quarterly basis so the public can “count down” retained EU law as the Government reform it. I commend the Cabinet Office officials who developed this dashboard; it is a fascinating resource in its own right, and is of both political and—in my view—historic constitutional importance.

The pertinence of publishing the dashboard today should not be missed. Six years ago tomorrow—that day of legend and song—the United Kingdom voted decisively to leave the European Union. The public voted to take back control, and while it took some time to get there—two general elections and some constitutionally fascinating parliamentary prestidigitation between 2017 and 2019—the Prime Minister has delivered such control in spades. His Brexit agreement, which guaranteed regulatory autonomy for Britain, means that the publication of this dashboard offers the public a real opportunity: everything on it we can now change.

The author E. M. Forster once said

“two cheers for Democracy: one because it admits variety, and two because it permits criticism.”

Therefore, as I did earlier this year, I am inviting the public from across the country—whether in Wakefield or in Tiverton and Honiton, or in other places selected at random for the purposes of illustration—to once again share their ideas of reform and to look further into pieces of retained EU law that have an impact on their lives. By using this dashboard, the public can join us on this journey to amend, repeal or replace retained EU law. Together we will make reforms that will create a crucial boost to productivity and help us bring the benefits of growth to the whole country.

Of course, Her Majesty’s Government are legislating to seize the opportunities of Brexit and have been since 2020. From introducing our points-based immigration system and securing the integrity of the United Kingdom’s internal market to boosting growth and innovation by allowing gene-edited crops and recognising high-quality professional qualifications, we are already showing—among others—the benefits of Brexit to the British people.

There are countless other opportunities for reform ahead of us. Members will know that the recent Queen’s Speech was full to the gunwales with the opportunities of Brexit, ranging from financial services to agriculture, data and artificial intelligence, transport, energy, and restoring sense to human rights law. This Government will work to develop a new pro-growth, high-standards regulatory framework that will give business the confidence to innovate, invest, and create jobs.

Those are the big, headline-grabbing issues, but the dashboard is, I hope, an opportunity to tackle hundreds of matters. They may seem marginal on their own, but all these measures in the margin will combine to usher in a revolution: not a French- style revolution with blood running in the streets and the terror of the guillotine, but a British-style revolution whereby marginal improvements move inch by inch so that soon we will have covered the feet, and the feet will become yards, and the yards will become chains and then furlongs and miles, until the journey is complete. With inflation running high, we need to search everywhere—under every stone and sofa cushion—for supply-side reforms that will make products and services cheaper, will make things easier for business, and, ultimately, will grow the economy and cut the cost of living.

The dashboard, therefore, is the supply-side reformer’s El Dorado, and, naturally, I am pointing to the treasure trove of opportunity that this publication represents. It highlights unnecessary and disproportionate EU regulations on consumer goods, such as those regulating the power of vacuum cleaners—why should that trouble Her Majesty’s Government?—and the expensive testing requirements mandated by REACH—the regulation on the registration, evaluation, authorisation and restriction of chemicals—for the plastics that make up items we use every day, requirements that shut out the newest and most innovative materials. Thankfully, we left the EU before it decided to mandate what sort of phone chargers we can have, a typically short-termist and anti-innovation measure which will only have a long-term negative effect for consumers.

The dashboard includes the overbearing reporting requirements which add costs to businesses and slow down progress, whether by building new developments in areas that need housing the most or by making it more expensive to hire people at a time of a labour shortage and to respond to militant strikers. We will continue to work with Departments to cut at least £1 billion of business costs from EU red tape to secure greater freedoms and productivity. Ensuring that we have the right regulation is crucial. Excessive and unnecessary regulations which burden business or distort market outcomes, reduce productivity, pushing up prices and negatively affecting everyone’s cost of living. Using our new-found freedom to address the over 2,400 retained EU pieces of legislation on our statute book, the Government will be able to remove and amend regulation that is not right for the UK. This will make a real difference to the process of reducing the number of unnecessary EU regulations that contribute to the cost of living.

Some—perhaps dozens—-of these rules we might wish to maintain. That will be a decision for the Queen in Parliament, our Parliament, rather than the European Commission. We will preserve retained EU law that is required for our international obligations. We will preserve high standards, such as those for water, and we may even be able to go further in some ways to move ahead of the European Union.

The publication of this dashboard will mark a pivotal step towards reform of our statute book and those 2,400 pieces of retained EU legislation, ahead of the introduction of the “Brexit Freedoms” Bill. That Bill will allow the United Kingdom to take the next step in reclaiming the sovereignty of Parliament. It will address the European Union (Withdrawal) Act 2018, which preserved and incorporated too much EU-derived law at too high a status, giving much of it the same status as an Act of Parliament. That is clearly mistaken, and means that many changes to retained EU law require primary legislation.

Undoing this vandalism to our constitutional order policy area by policy area would dominate the legislative agenda for Parliaments to come, which would affect the Government’s ability to deliver more fundamental domestic reforms and the opportunity for the UK to reap the benefits of Brexit. The “Brexit Freedoms” Bill will create a targeted power to allow retained EU law to be amended in a more sustainable way, and will go with the grain of the British constitution. This will help us to deliver the UK’s regulatory, economic and legal priorities.

Ahead of the Bill’s introduction, I invite Members to review the dashboard themselves, and to delve into the legislation that affects the communities that they serve.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.

--- Later in debate ---

[Mr Rees-Mogg]

My right hon. Friend makes two very good points. The first is that it is important to note that most of these laws came in using the section 2(2) power under the European Communities Act 1972. The vast majority were not subject to a parliamentary process, despite the diligence of my hon. Friend the Member for Stone (Sir William Cash), the Chairman of the European Scrutiny Committee. When we asked for debates on the Floor of the House in that Committee, they were often not given, and the debates that were held in Committee could not refuse or block a European law—even the ports directive, which everyone was united against. This great flood of regulations came in without so much as a by-your-leave from this House, and my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) is right to point that out.

My right hon. Friend makes a good point on GDPR, and it is worth bearing in mind that Australia has a general exemption from GDPR for smaller businesses. Whether we can go that far, I do not know, but I will certainly take his point up with my right hon. Friend the Secretary of State for Digital, Culture, Media and Sport.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

Achieving Economic Growth

Baroness Winterton of Doncaster Excerpts

Wednesday 18th May 2022 Commons Chamber

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Before I call the next speaker, I remind Members that it is very important that those wishing to speak in the debate get here for the opening contributions from the Front Benchers, make sure that they get back in good time for the closing speeches—it is essential and courteous to be here—and stay in the Chamber for most of the debate, because it is important to hear what other people have to say. After I call the SNP spokesperson, I will be going to the Back Benchers. I do not want to put a time limit on, but I would advise that speeches of about seven minutes would be helpful to make sure that everybody makes an equal contribution. I call SNP spokesperson Alison Thewliss.

--- Later in debate ---

[Hilary Benn]

There is no doubt that if we put more costs, bureaucracy, red tape and increased transport costs on businesses, prices will increase. That is one of the ways businesses cope. Those things need to be sorted out but, as long as there is no trust between the European Union and the United Kingdom, it is frankly not going to happen.

The principal cause of that distrust is the stand-off over the Northern Ireland protocol, which is the other issue I want to raise. We have two problems. One is that the Northern Ireland Government is not functioning and the second is that the Northern Ireland protocol is not working. The Good Friday agreement and the power-sharing and peace it has brought cannot be jeopardised by trade problems caused by the protocol.

It is extremely tempting to dwell on the miserable history of how we got here—how the Prime Minister moved from promising that he would never put a border in the Irish sea to promptly doing so when he became the occupant of No. 10, and then to describing it as “a great deal” for Northern Ireland—but, in all honesty, the Prime Minister’s failings and inconsistencies are not a reason to inflict damage on Northern Ireland or on the British economy when so many people are struggling.

We all knew that leaving the European Union would create difficulties over Ireland. The only thing everyone agreed on—practically the only thing—was that there could be no return to a hard border. That is why the most important part of the protocol talked about goods at risk, and this is at the heart of the debate: goods at risk, having entered Northern Ireland, of going into the European Union, as opposed to goods that are going to stay in Northern Ireland. That was never defined, and the joint committee was given the task of dealing with it.

We have a stand-off at the moment. In one way, that stand-off could just be extended and extended and the Government could continue to prolong the grace periods—unlawfully, as per the protocol—with the EU starting legal action and staying it while they try to negotiate. That is one way of dealing with it. In fairness, the EU moved on medicines, and I praise Maroš Šefčovič for that. He changed EU law to allow NHS patients in Northern Ireland to get NHS medicines, which is pretty obvious really.

I said to Mr Šefčovič on Thursday, when he appeared before the Parliamentary Partnership Assembly, “Thanks for doing that, but if you can move on that, can you not move on other things as well?” We all know the list of remaining problem areas: seed potatoes, parcels, guide dogs, supermarket deliveries to shops, organic food and divergence on the use of titanium dioxide, an ingredient in cakes and ice cream that I was not previously aware of. The EU proposals would provide more checks and problems than the current stand-off, and it is important to recognise that.

I say to the Government, as I said to the Foreign Secretary yesterday, that threatening to disapply the protocol will not work. In the end, it will result in retaliation. If retaliation results in further obstacles to trade or, heaven forbid, a trade war, that will make the cost of living crisis even worse. We have a real war in Europe going on; we do not need a trade war with our biggest trading partner.

At the same time, the EU needs to understand that it has to move to help to bring this crisis to an end. If one takes those supermarkets that sell only to shops in Northern Ireland, what exactly is the risk to the integrity of the single market from a sandwich, a cake or a chicken—I speak as a vegetarian—that is bought in a supermarket in Strabane or Belfast? Can anyone point, in the 16 months the grace period has operated, to a single example where the integrity of the single market has been damaged? I am not aware of any. There is a problem with divergence, but I hope that a way of mutually recognising each other’s food production standards arrangements can come.

In conclusion, this crisis arises from a practical problem and it requires a practical solution. That is what politics is meant to deliver. That is our job. We need patient diplomacy and negotiation that takes as its starting point the purpose of the rules—they are there for a purpose—rather than the rules themselves and applies that to the unique and particular circumstances of Northern Ireland. Could we have less squabbling and more cool heads? Could we have less escalation and more conciliation? My message to both sides in the partnership council is a simple one: “You’ve got the power to deal with this. Sort it out.”

[Madam Deputy Speaker (Dame Rosie Winterton)]

Just a gentle reminder that my guidance was seven minutes. I call Chris Grayling.

European Union (Withdrawal Agreement) Bill

Baroness Winterton of Doncaster Excerpts

3rd reading & 3rd reading: House of Commons
Thursday 9th January 2020 Commons Chamber

Queen’s consent signified.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I must inform the House that Mr Speaker has selected the amendment in the name of the leader of the Scottish National party.

European Union (Withdrawal) (No. 5) Bill

Baroness Winterton of Doncaster Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 3rd April 2019 Commons Chamber

[Sir William Cash]

On a point of order, Dame Rosie. Given the complete rubbish that the Bill contains, is it possible for us to find out who drafted it? Was it drafted by parliamentary counsel or by some ad hoc person? That is quite important.

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Am I to understand that that was a point of order?

[Sir William Cash]

I am looking for an answer to my question. After all, the House authorities are responsible for bringing forward Bills. We have had nothing but trouble—on the amendments and on other things—since these proceedings began. I am not criticising; I know that things were done at tremendous speed, which is why the Bill is so inappropriate. The question really is what we are trying to legislate for; that is what these Committee proceedings allow us to ask. I am beginning to observe that this Bill is complete rubbish. It is therefore important for us to know who drafted it.

[The Second Deputy Chairman]

I think the hon. Gentleman is expressing a debatable opinion about the Bill. The Public Bill Office is always available to advise Members on the drafting of the Bill. I think we will leave it there.

[George Eustice]

I put on record my enormous respect for my right hon. Friend the Member for West Dorset. I appreciate that through all the measures that he has tabled, he is trying to deal with the incredibly difficult and complex situation that the country faces. From the time I was first involved with the party, I have worked with him closely. He has been the anchor-man for several leaderships in the Conservative party. Whatever differences Members may have on this issue, he deserves the respect of all Conservative Members.

Amendment 21 would delete subsections (6) and (7) of clause 1, which provide for the House to consider a counter-offer from the European Union. If the Prime Minister were to seek an extension until 30 June 2019 and the European Union made a counter-offer, the question would arise of what should happen next. My contention is that at that point, the Government should bring their own proposals to the House. If the House then felt that it wanted to bind the Government’s hands on what should happen next, that would surely be a matter for a future Bill, given that we have today demonstrated our ability to pass legislation in a speedy and efficient fashion.

Article 50 Extension

Baroness Winterton of Doncaster Excerpts

Wednesday 20th March 2019 Commons Chamber

[Mr Speaker]

I now have to announce the result of today’s deferred Divisions. In respect of the Question relating to consumer protection, the Ayes were 313 and the Noes were 267, so the Question was agreed to. In respect of the Question relating to the annulment of amendments to the Integrated Care Regulations 2019, the Ayes were 216 and the Noes were 317, so the Question was negatived. In respect of the Question relating to organic production and control of imports, the Ayes were 315 and the Noes were 39, so the Question was agreed to. In respect of the Question relating to organic production and control, the Ayes were 315 and the Noes were 38, so the Question was agreed to.

[The Division lists are published at the end of today’s debates.]



Rating and Valuation

Motion made, and Question put,

That the draft Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) and (Levy Account: Basis of Distribution) Regulations 2019, which were laid before this House on 21 February, be approved.—(Jeremy Quin.)

The House proceeded to a Division.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I remind the House that the motion is subject to double-majority voting: of the whole House and of Members representing constituencies in England.

--- Later in debate ---

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

On a point of order, Madam Deputy Speaker. I am sorry to make a point of order before the start of the next debate, but during the vote, the Leader of the House walked into the Chamber and shouted angrily at me, jabbing her finger, saying that she deserved an apology from me because I, alongside other Members of all parties, had raised concerns about her comments on LGBT education earlier today. Do you think that it is appropriate for the Leader of the House to shout and jab her finger at another Member rather than raising the matter in private in an appropriate way, given that she is responsible for tackling bullying and for conduct in this House?

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the hon. Gentleman for that point of order. It is not a matter for the Chair, as I suspect he knows, but obviously we wish right hon. and hon. Members to behave with decorum.

Legislating for the Withdrawal Agreement

Baroness Winterton of Doncaster Excerpts

Monday 10th September 2018 Commons Chamber

[Chris Bryant]

I do not doubt for a single instant that the Government have already started doing so—I am certain of it—and if they have not done so, they are in doolallyland. They should certainly be getting on with that. It was crazy to have started article 50, but it would be even crazier to stick with that date if they cannot produce proper legislation so that there is legal certainty in the United Kingdom.

The Prime Minister has gone several rounds with the English language, given all her sentences such as “Brexit means Brexit” and “No deal is better than a bad deal”, when no deal is actually the worst possible kind of deal we could possibly end up with. In her first letter to Donald Tusk, she herself said that, if there is no deal on everything, there is no deal on security. She therefore knows perfectly well that, if there is no deal, she is—we are—compromising the security of this country and of other countries in the European Union.

The Prime Minister knows that the Chequers deal is dead—it is not going anywhere. She would be better off tabling a motion on the Chequers deal, for us to debate the moment we get back in October and discover that there is no majority for it in this Chamber. That is one of the reasons there will be no deal. I suspect that in the end she will be begging Parliament for a people’s vote, so that the people can decide the right outcome for us all.

The hon. Member for Stirling expressed enormous respect and admiration for the Prime Minister, as did the hon. Member for Redditch (Rachel Maclean)—it is great to see her back in her place; waving, not drowning. I honestly think that the real disaster of this Prime Minister is that she knows perfectly well in her heart of hearts that this will damage Britain. No Prime Minister has ever brought to this House a project that they themselves did not even believe in. That, in the end, is why I believe this will prove to be the greatest catastrophe we have ever engaged in.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call Vicky Ford.

Department for Exiting the European Union

Baroness Winterton of Doncaster Excerpts

Monday 26th February 2018 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. It is becoming a bit of a habit that there are exchanges across the House with Members saying “You” and “you” and “you”. We must observe the courtesies of the House; one goes through the Chair.

[Tommy Sheppard]

Thank you, Madam Deputy Speaker. I was going to point out that the hon. Gentleman’s intervention had a tenuous link to the subject of debate and no connection whatever to what I was saying, but he has none the less made his point for the record.

What does this lack of preparation mean for financial planning? I shall give the House two quick examples. The first is the customs union—or the customs arrangements, as the Government will call them. I might be wrong, but it seems overwhelmingly logical for our global trade that if we are leaving the European Union, we should first immediately try to seek an arrangement with those countries that are nearest to us and with which we have the greatest trading links. That ought not to be a matter of controversy. The only reason that it is controversial is the existence of an unreasonable number of people on the Government Benches who are so Europhobic that they will not countenance anything that looks like a cut-down relationship with the European Union. The idea of having a customs union should not be controversial, however, and I very much welcome the fact that Her Majesty’s Opposition now seem to be on a course towards coming round to that point of view.

European Union (Withdrawal) Bill

Baroness Winterton of Doncaster Excerpts

Committee: 8th sitting: House of Commons
Wednesday 20th December 2017 Commons Chamber

[Mr Chris Leslie (Nottingham East) (Lab/Co-op)]

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

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Amendment 77, in clause 13, page 9, line 9, at end insert—

“(3) A Minister of the Crown may by regulations—

(a) make provision enabling or requiring judicial notice to be taken of a relevant matter, or

(b) provide for the admissibility in any legal proceedings of specified evidence of—

(i) a relevant matter, or

(ii) instruments or documents issued by or in the custody of an EU entity.”

Clause 13 stand part.

Amendment 348, in schedule 5, page 36, line 9, at end insert—

“(c) any impact assessment conducted by Her Majesty’s Government that in any way concerns the economic and financial impact of in anyway altering, modifying or abolishing any relevant instrument.”

This amendment would require the Government to publish its economic impact assessments of the policy options for withdrawal from the EU.

Amendment 76, in schedule 5, page 37, leave out paragraph 4.

That schedule 5 be the Fifth schedule to the Bill.

[Mr Leslie]

Merry Christmas to you, Dame Rosie, and to all hon. and right hon. Members.

Under the peculiar vagaries of the Government’s programme motion, we have ended up with a peculiar day 8 in Committee, with a potential four-hour chunk to debate amendments to schedule 5, which is quite a narrow area of concern—the publication of retained EU legislation and rules of evidence—and, in theory, only four hours in the second half to debate the massive number of remaining amendments. The Committee will understand why I probably do not want to spend too much time on this first group, because I suspect a large number of hon. Members will want to speak on the second group.

Nevertheless, I will have a crack at new clause 21 because it is always worth probing the Government on every part of a Bill. This new clause would ensure that, when Her Majesty’s Government publish EU retained legislation, they accompany it with a summarising explanatory document setting out, in terms that are readily understandable, its purpose and effect.

This might seem an obvious point, and someone might say, “Of course Ministers intend to do this. Surely, if we have all the legal gobbledegook we normally get in statute and in primary and secondary legislation, there will be a summary not just for Members of Parliament but for the public to read and understand so they know what they are talking about.” But that practice has only been in effect for a small number of years and, although it started with the good intention of providing explanatory statements and explanatory notes, it has slipped back a bit from the original intention. When hon. Members pick up a dense and complex proposal, they will often find that the explanatory notes basically say the same thing, perhaps with a few dots and commas changed here and there, and feel that the proposal is as impenetrable as it ever was.

The point is that clarity is needed if we are to transfer a great set of EU legislation into UK law. Such clarity is an important principle that Parliament should underline and establish, which is what new clause 21 seeks to do. More than that, when we legislate we should make it clear not just for the lawyers but for everyone so that all our constituents know and understand the consequences of the laws we are putting in place.

Such clarity was not always evident in the referendum campaign in the run-up to June 2016. In fact, many would still say that there was a lot of obfuscation and opacity, and that the consequences of Brexit were not clear at all. In my view, as much clarity and plain English as possible should be obtainable.

--- Later in debate ---

[Paul Blomfield (Sheffield Central) (Lab)]

It is a real pleasure to follow the right hon. and learned Member for Beaconsfield (Mr Grieve), who made a characteristically thoughtful and reasonable contribution. It is always remarkable to see how such thoughtfulness and reasonableness can be so provocative to some Government Members.

I wish to speak to amendments 348 and 349 in my name and the names of my hon. and right hon. Friends. I hope, in doing so, to build on the agreement across the Committee that was evident last Wednesday, when we made the decision that Parliament should have a meaningful vote on the final Brexit deal.

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Just for clarification, amendment 348 is in the first group of amendments and amendment 349 is in the next group.

[Paul Blomfield]

Thank you for that clarification, Dame Rosie, although I think that the points that I am making stand regardless.

Following on from the decision last Wednesday, let us be clear that an overwhelming majority of Members respect the result of the referendum, as was reflected in the vote on article 50, but there is also a clear majority who reject the deep rupture with our friends and partners in the EU 27 that is advocated by some of the more extreme Brexiteers. In the months ahead, that clear majority needs to find its voice. Most Members—many more than reflected in last Wednesday’s vote—recognise that our future lies in a close and collaborative relationship with the EU. [Interruption.] I am sorry if that was provocative to some Government Members. The Prime Minister describes that relationship as a “deep and special partnership”. It is a relationship based on maintaining common EU standards and regulations necessary for our future trading relationship, and it is vital in protecting jobs and the economy.

It is also a majority of the House who recognise that the referendum was a close vote—not the unprecedented mandate that some have suggested. Yes, 17.5 million people voted to leave the EU in 2016. That is roughly the same number as voted to remain in 1975, although that represented 67% of voters in 1975. It was a clear decision, but a close vote, and one that we should be implementing in a way that unites the country, not in a way that drives a further wedge between the 52% and the 48%.

--- Later in debate ---

[Richard Graham]

On a point of order, Dame Rosie. My understanding of the advice you gave earlier is that amendment 348, which is about impact assessments, is not being discussed at this moment. I think that you told us that this debate is supposed to be about new clause 21, which is about clear English. That is why I asked the question about the shadow Minister’s definition of the word “Brexiteer”. However, I have not heard anything about new clause 21, and I think that you said we are going to take amendment 348 later.

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

No, I think the hon. Gentleman misheard. I actually said that amendment 349 was in the second set and that amendment 348 is in this set, as is clause 13 stand part and schedule 5—hence why the debate is a little wider than the hon. Gentleman might wish it to be.

[Paul Blomfield]

Thank you, Dame Rosie.

The point I was making was that when Mr Speaker confirmed that our motion was binding and, indeed, that the Government should comply urgently, they clearly found themselves in a bit of a fix. Three weeks later, they finally produced something, although it was not what we voted for. I was really keen to read the papers that had been described by the Secretary of State for Exiting the European Union as offering “excruciating detail” on the impact of the various options we faced as a country when leaving. So I, like a number of other Members, booked my slot for the DExEU reading room at the earliest opportunity.

On 5 December, I turned up at 100 Parliament Street and reported to reception. I was accompanied, closely, to the room. When I arrived, I was required to hand over my mobile phone. Having been sat at the table, two lever-arch files were brought to me from a locked cabinet, and as I read them I was supervised by two civil servants. So what did I find? Nothing that could not have been found in a reasonable internet search—which is presumably what the civil servants had been doing over the preceding three weeks in order to prepare them.

--- Later in debate ---

[Mr Rees-Mogg]

My right hon. and learned Friend is absolutely right. Such Bills do come through—[Interruption.] The hon. Member for Cardiff West (Kevin Brennan) is saying that they were not presentation Bills. It is fair to say that a presentation Bill very rarely gets through in the first instance, but it can often go on to become a ballot Bill or to receive Government support, so it is the beginning of the process. I certainly would not advocate that each of us should have the right to get a Bill made into law, but we have the right to initiate the process. That is at the heart of the democratic process, but the EU lacks such a system, which is why the 1972 Act created a worse set of Henry VIII powers than the set now being created. Overall, however, as it is nearly Christmas, I am in happy agreement with my right hon. and learned Friend the Member for Beaconsfield.

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I have the results of today’s deferred Divisions—I know you have all been anxiously awaiting them—which I will now announce. In respect of the question relating to local authorities (mayoral elections), the Ayes were 317 and the Noes were 231, while of those Members representing constituencies in England and Wales, the Ayes were 293 and the Noes were 221, so the Ayes have it. In respect of the question relating to combined authorities (mayoral elections), the Ayes were 317 and the Noes were 231, while of those Members representing constituencies in England, the Ayes were 285 and the Noes were 195, so the Ayes have it.

[The Division lists are published at the end of today’s debates.]

[Joanna Cherry]

It is always a little daunting to follow the hon. Member for North East Somerset (Mr Rees-Mogg). I thank him for his gracious offer that an SNP politician might wish to stand in his constituency, but I can inform him that the only Scottish politician looking for a safe seat in England at the moment is the leader of the Conservative and Unionist party. The rest of us are quite happy with our seats in Scotland, safe or otherwise.

I wish to speak to amendments 77 and 76, in the name of my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) and other SNP Members. Clause 13 and schedule 5 deal, as we have heard, with rules relating to publication and rules of evidence. SNP Members are less concerned with the rules relating to publication, although I would be interested to hear the Government’s response to the pertinent questions raised, as always, by the right hon. and learned Member for Beaconsfield (Mr Grieve). We are very happy with the idea—in the terms of schedule 5, paragraph 1—that:

“The Queen’s printer must make arrangements for the publication of”

these relevant instruments, but we share the concern that he very ably articulated as to why there might be certain instruments that would fall into a category that should not be published. It seems most odd.

We also welcome the amendments tabled by the hon. Member for Nottingham East (Mr Leslie) and in the name of the Labour Front Bench. We absolutely support any amendments that seek to achieve transparency and clarity. We also very much support amendment 348, which seeks to revisit the issue of impact assessments, because we share the concerns that were expressed from the Labour Front Bench, and by others who have intervened, about the sorry saga of the impact assessments. As my hon. Friend the Member for North East Fife (Stephen Gethins) explained in relation to a question he asked in 2016, there were occasions when the impression was given on the Floor of the House that economic impact assessments existed, no matter what might have been said in response to the Humble Address.

It is also worth bearing in mind that the Humble Address related only to sectoral impact assessments. It did not relate to the impact assessment that has been made in relation to the Scottish economy. It is worth reminding ourselves that both the Secretary of State for Exiting the European Union, in response to a question I asked when he gave evidence before the Exiting the EU Committee, and the Secretary of State for Scotland, in response to questions raised by the hon. Member for Edinburgh West (Christine Jardine), said that impact assessments in relation to the Scottish economy do exist, and that they will be shared with the Scottish Government.

European Union (Withdrawal) Bill

Baroness Winterton of Doncaster Excerpts

Committee: 6th sitting: House of Commons
Tuesday 12th December 2017 Commons Chamber

[Several hon. Members rose—]

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Order. I just ask Members to bear in mind that a lot of colleagues wish to speak and the Minister will be coming in at some point.

[Mr Charles Walker (Broxbourne) (Con)]

I certainly will bear that in mind, Dame Rosie, and thank you for calling me.

I rise to speak to my amendments 392 to 398. I am not going to read out each one for the benefit of colleagues, because all colleagues can read. The amendments have been covered by various colleagues, from both sides of the House, so I shall stick to discussing the broad principles, but I will of course be happy to answer any questions or criticisms that colleagues may have.

First, may I thank the Procedure Committee for its hard work in producing the report published on 6 November? It is worth pointing out to colleagues how well Select Committees perform in this place. We are obsessed—or all too often we give the impression that we are obsessed—with partisan politics. Of course when people tune in on Wednesday at midday, that is what they see in this place. Our report was agreed unanimously by 15 Members of Parliament, six of whom are Government Members and nine of whom are Opposition Members. It is important to get that on the record. Also important is the fact that we did not let the pursuit of perfection get in the way of sensible compromise.

I can understand that a number of colleagues here today are somewhat disappointed, or remain dissatisfied, with what the Government have brought forward, but, as we have heard from Opposition Front Benchers, Opposition Back Benchers, Government Front Benchers and Government Back Benchers, including my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), there is broad acceptance that these amendments are a very positive step forward. As Chair of the Committee, I of course endorse that view.

Let us not underestimate the powers that the sifting committee will have. A Select Committee is like water: it gets in everywhere and all too often into places where it is not welcome. So I am certain that with a good and strong chairman who is respected by both sides of the House, a committee comprising experts—committed parliamentarians—will do the right thing by this place.

European Economic Area: UK Membership

Baroness Winterton of Doncaster Excerpts

Monday 6th November 2017 Commons Chamber

[Sir William Cash (Stone) (Con)]

On a point of order, Madam Deputy Speaker. My right hon. Friend the Member for Broxtowe (Anna Soubry), I think somewhat inadvertently, made a reference to my interest in EFTA and the model of jurisdiction. What I actually said on 4 July 2017 was by reference to the jurisdiction of the European Court and the EFTA court, exploring whether we could find a viable and proper way to achieve jurisdiction in relation to the issues under consideration. I think my right hon. Friend and I agree that I was perhaps slightly misinterpreted, but I do not want to press the point any more than that. I just want to get it on the record that I was not referring to EFTA as such, but merely to the jurisdictional opportunities it might offer.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I am very, very grateful to the hon. Gentleman for his point of order, and for giving me and the right hon. Member for Broxtowe notice of it. It is not strictly a matter for the Chair, but, as the hon. Gentleman said, he has placed the matter on the record. I think we will leave it there. Everybody is happy, so that is terrific.