Legislating for UK Withdrawal from the EU

Baroness Winterton of Doncaster Excerpts

Thursday 30th March 2017 Commons Chamber

[Mr Davis]

I will pass on my hon. Friend’s assessment of the legislation, but I will reinforce the point I have already made, which is that at the end of the day the aim of this Bill is to bring decisions back to this House.

[Dame Rosie Winterton (Doncaster Central) (Lab)]

The Secretary of State says that he wants the maximum scrutiny of legislation over the next few years, but given the sheer volume of particularly delegated legislation that he has outlined, does he think it is really feasible to reduce the number of MPs by 50?

[Mr Davis]

That question is stratospherically above my pay grade, but let me pick up the underpinning point about the volume of legislation. We are bringing a large amount of the legislation straight into UK law without change. The reason for change and the use of statutory instruments is, as I said to the Labour spokesman earlier, that there will be technical amendments and issues that will come up. Separate to that there will be primary legislation—on immigration, customs and a variety of other areas. That is different, but the technical legislation will aim to make things practical, not to maintain great changes in policy, and this House should be well able to do that.

Oral Answers to Questions

Baroness Winterton of Doncaster Excerpts

Thursday 9th March 2017 Commons Chamber

[Mr Davis]

We will be putting the great repeal Bill in front of the House at some point in the near future. That will carry into British law the existing law of the European Union and the case law that goes with it. But British human rights have not depended on the European Union; they have been intrinsic to our history and our tradition, and we—I most of all—will continue to defend them.

[Dame Rosie Winterton (Doncaster Central) (Lab)]

I very much welcome what the Secretary of State said about the Council of Europe and the European Court of Human Rights. With that in mind, will he consider giving his support to a fourth summit of the Council of Europe to look at the way forward for the Council and how human rights could be strengthened through the European Court of Human Rights?

[Mr Davis]

The right hon. Lady knows about my ongoing passion for human rights. That is the first I have heard of a proposal for a fourth summit, but I will certainly look at it. She can guess what my sentiments will be.

European Union (Notification of Withdrawal) Bill

Baroness Winterton of Doncaster Excerpts

3rd reading: House of Commons & Committee: 3rd sitting: House of Commons & Report stage: House of Commons
Wednesday 8th February 2017 Commons Chamber

[Mrs Flick Drummond (Portsmouth South) (Con)]

Sir Roger, you will be pleased to know that I have never spoken for more than four minutes in the Chamber—I have never had the opportunity—and I do not intend to start now.

I agree with the intention and emotion behind many of the amendments tabled by hon. Members from across the House, but I do not support them simply because I do not want the Prime Minister’s hands to be tied throughout the negotiations. I campaigned fiercely to stay in the EU as I passionately believed that it was in Britain’s interests to do so, and I have not changed my mind. I agree with everything my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) said last week and that, in addition to the economic implications, we will lose a tremendous amount of influence. However, there is one difference between me and him: I voted for the referendum and I have to accept the result. It may have been advisory, but the public, including those in Portsmouth South, voted to come out of the EU, and I respect that. I will be monitoring the negotiations closely, and I am pleased with yesterday’s reassurance that there will be a vote in good time on the final deal. It may be that we will get a very good deal, and that is why I cannot support new clause 2, which is too limiting.

I understand new clause 100, which was eloquently introduced by my hon. Friend—I will call her that—the Member for Birmingham, Yardley (Jess Phillips), but I hope that those who added their name to it will agree that the matter is already being addressed through the Women and Equalities Committee; the Modern Slavery Act 2015, brought in by this Prime Minister; and the Government’s work on domestic violence. We can be assured that what new clause 100 would address will be included in those things. I assure the Opposition that there are enough strong women on the Government Benches, led by a female Prime Minister—[Interruption.] There are strong women in the Opposition, too. Equality and women’s rights are well understood by the Government, and I am sure that there will be cross-party collaboration.

We have already received many assurances from the Prime Minister about EU and UK nationals, so I hope that we will get a firm agreement shortly. The sooner we get on with the negotiations, the better it will be for everyone. This could be a great opportunity for this country, but I will not support any deal that is not better for the UK. That would be a dereliction of duty. However, I have every confidence in the Prime Minister and the Secretary of State for Exiting the European Union—that they will have taken into account the views of people such as me and the intentions behind many of the amendments tabled for debate today. I am confident that the deal will be great for us and for our European friends and neighbours.

[Dame Rosie Winterton (Doncaster Central) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Roger. I add my support to new clauses 163 and 193, tabled by my hon. Friend the Member for Newcastle upon Tyne North (Catherine McKinnell) and my right hon. Friend the Member for Birmingham, Hodge Hill (Liam Byrne). My hon. Friend the Member for Newcastle upon Tyne North made an excellent speech about why the Government should accept the new clauses, but I want to add something else.

At a meeting of the Yorkshire and northern Lincolnshire all-party parliamentary group yesterday, we heard from representatives from the four LEPs, from industry, from the creative industries and from universities, and we agreed to analyse what Brexit means for Yorkshire and the Humber. We agreed on a cross-party basis to submit that analysis to Ministers so that we can analyse not only what leaving the European Union would mean, but what we want to see from the negotiations. As my hon. Friend the Member for Newcastle upon Tyne North said, the Secretary of State for Exiting the European Union talked about a meeting with mayors in York; that is a very vague promise, and we need to put some meat on its bones.

European Union (Notification of Withdrawal) Bill

Baroness Winterton of Doncaster Excerpts

Committee: 1st sitting: House of Commons
Monday 6th February 2017 Commons Chamber

[Conor McGinn]

I think it important to bear in mind the uncertainty that has been caused by the vote to leave the European Union, and the fact that the drafting and signing of the Good Friday agreement, and all the architecture surrounding it, were in the context of both the United Kingdom and Ireland being members of the European Union. Let me also say gently to my hon. Friend that people in Northern Ireland, like people in Scotland, voted to remain in the European Union. The vote that I cast in the House on article 50 was based on the vote in the United Kingdom as a whole, but I think that that is worth bearing in mind as well.

I hope that the Government will commit themselves to ensuring that some of the provisions of the Good Friday agreement will remain in place when the United Kingdom leaves the European Union, and to upholding them in both letter and spirit. The first, which is the most practical and obvious, is the free movement of people, goods and services on the island of Ireland. Trade and tourism have increased. People in the United Kingdom, in Ireland and, indeed, in the world as a whole do not lead their lives, or inhabit their communities, on the basis of boundaries. I see very little difference between crossing the boundary between my local authority in St Helens and the local authority in Knowsley and crossing the border between Derry and Letterkenny, or between Newry and Dundalk.

My second point concerns citizenship rights, specifically in relation to Northern Ireland, although my new clause 108, which was included in the previous group, refers to the status, rights and privileges of the Irish community in Great Britain. As the chair of the all-party parliamentary group on Ireland and the Irish in Britain, I would welcome an assurance from the Government. Migration from Ireland was taking place before we simultaneously joined the European Union. Although Irish citizens will still be EU citizens after the UK leaves the EU, it would be good to know that the rights, status and entitlements that they have enjoyed through legislation and through custom and practice over the last century—and for many centuries—will be maintained.

This is also about the rights of people who were born in Northern Ireland to choose to be Irish or British, or to choose to be both. I choose to exercise both those rights; some people choose to exercise, exclusively, one of them; but I think it important for those who wish to be Irish citizens, and will be EU citizens, who reside in and were born in Northern Ireland to be very much in the Government’s thoughts as they negotiate our withdrawal.

The third point is about the preservation of institutions relating to strands 2 and 3 of the Good Friday agreement, namely the North South Ministerial Council and the north-south bodies. The north-south bodies deal with, for instance, food safety, trade and business, inland waterways, the Ulster Scots and the Irish language. One would imagine that when the United Kingdom leaves the European Union, the Special EU Programmes Body, which was set up to distribute European Union funds, will cease to exist. It was set up under strand 2 of the Good Friday agreement, which was passed by a referendum, and which is enshrined in legislation passed by the House of Commons.

In the context of strand 3, I think it crucially important for east-west relations between the United Kingdom and Ireland to continue. There is a new dynamic following devolution and the creation of the Welsh Assembly and the Scottish and Welsh Governments, who play a role in the British-Irish Council and in forums such as the British-Irish Parliamentary Assembly. It is absolutely critical that this engagement continues. Taking on board the point of the hon. Member for North Antrim (Ian Paisley), these engagements are taking place in the context of our joint European union, which has made all of this just so much easier. That is an indisputable fact.

One area that concerns me greatly in terms of the UK leaving the EU is the Good Friday agreement’s provisions on human rights and equality, given the Government mood music around the European convention on human rights. That is of course separate from and outside membership of the EU, but it is worrying that the Government have intimated that they would seek to roll back or reverse some of the commitments given on human rights in terms of both Northern Ireland in relation to this new clause and people across the UK as a whole.

[Dame Rosie Winterton (Doncaster Central) (Lab)]

Does my hon. Friend agree that it would be very appropriate if the Minister tonight confirmed that the Government are not going to leave the European convention on human rights and the Council of Europe, because there are strong feelings on both sides of the House about that and about leaving our place in the world somewhat exposed? It is important that the Minister gives an undertaking on that tonight.

[Conor McGinn]

I agree entirely and pay tribute to my right hon. Friend for the valuable and important work she does in representing this place on the Council of Europe; we are very lucky to have her in that position.

On the principle of consent, having previously alluded to the Irish Government withdrawing their territorial claim, there is now no dispute—the Good Friday agreement makes this clear—by any parties in the Northern Ireland Executive or any parties in this House about the fact that Northern Ireland will remain part of the United Kingdom until such time as the majority of people there decide otherwise. That is what is enshrined in the principle of consent, but it is for people in Northern Ireland and the island of Ireland as a whole to exercise that. My slight concern is that Northern Ireland leaving the European Union is a constitutional change that has been done without the consent of people in Northern Ireland, because they voted to remain. That again unsettles what has been a very delicate political balance that both Labour and Conservative Governments have sought to protect.

The new clause tabled by my hon. Friends the Members for Foyle, for South Down and for Belfast South goes to the heart of this as well. There is no provision for a part of a country that leaves the EU to re-join the EU. We must be explicitly clear on that, in respecting the principle of consent. If the wishes of people in Northern Ireland change and they wish to join a united Ireland, provision should be made for them to immediately become members of the EU, having expressed their wish to join the rest of the island of Ireland in a union.

Finally, it is very important to maintain the status of the Irish language. It is a full EU recognised language, and particular reference is made to it in the Good Friday agreement in terms of its being a regional and minority language.

I have tried to be constructive in my amendment, and I hope that what I have said tonight is constructive. I have huge respect for hon. and right hon. Friends from Northern Ireland. I understand that on this we will have different views, but in doing so I seek to protect the Good Friday agreement and the peace process, which I believe has given me and many others like me opportunities that we would not otherwise have had.

--- Later in debate ---

[Seema Malhotra]

I am grateful for the chance to speak in this important debate about how we can engage more with the devolved Administrations and legislatures in relation to our future discussions and negotiations.

I want to speak to my new clause 168, which calls on the Government to establish a new national convention to advise Her Majesty’s Government on their priorities during negotiations with the EU on the terms of the UK’s withdrawal from the EU. It calls on Ministers of the Crown to take into account the views of the national convention before signing any agreements with the European Commission on the terms of the UK’s withdrawal from the EU. I propose that the national convention should convene representatives from across different levels of government, the regions—including, in case anybody has missed this, all the English regions—and various sectors to meet and produce a report recommending negotiating priorities that would better reflect the needs of the regions of the UK.

[Dame Rosie Winterton]

Does my hon. Friend agree that the Secretary of State for Brexit said there would be some kind of meeting in York, where the Government would bring together representatives of the regions. That was some time ago, and since then we have heard nothing about it. That would fit in completely with her idea of a national convention, so it would be helpful if the Minister put some flesh on the bones of what the Secretary of State was talking about.

[Seema Malhotra]

My right hon. Friend makes a very important point. Indeed, the lack of engagement with the regions has been highlighted in the work of the Exiting the European Union Committee.

European Union (Notification of Withdrawal) Bill

Baroness Winterton of Doncaster Excerpts

Tuesday 31st January 2017 Commons Chamber

[Dame Rosie Winterton (Doncaster Central) (Lab)]

I am rather nervous about following that extraordinary double-act.

The debate has shown once again how important it is for Parliament to scrutinise properly the Government’s approach and actions in respect of leaving the European Union. It has made the Government’s attempts to thwart that scrutiny through the Supreme Court look even more ludicrous.

I want to make four points. First, I shall support the Bill. I did not want us to leave the European Union, but the majority of those who voted in the referendum thought differently, including nearly 70% of people in Doncaster Central. It is important that we respect that decision, as was stated so eloquently by my right hon. Friend the Member for Leeds Central (Hilary Benn) and the shadow Secretary of State.

Secondly, we must do all that we can to get the best deal for Britain from the negotiations. That deal must benefit all parts of the UK. The Government have focused on strategies for Scotland, Wales, London and Northern Ireland, but we need to make sure that all our regions have input and a proper analysis of the effects of leaving the European Union.

People in Yorkshire and Humber want to know what the effect will be on our businesses—small and large—universities, science and technology sectors, local authorities, trade unions, representatives of the third sector and others in our region. During proceedings on a recent statement, the Secretary of State said that the other nations would of course be involved in those discussions, adding that he would also be inviting representatives from the regions to a meeting in York. I hope that the Minister will be able to give us more detail about exactly how that will work. Who will represent the Yorkshire region? Will any analysis be done of the effect of Brexit on Yorkshire, what we will need to see from any deal, and how an ongoing dialogue will be maintained? Each nation and region will have an interest not only in trade deals, but in the Government’s so-called great repeal Bill.

My third point is about employees’ rights and conditions. The Government have said that they will guarantee that current employment rights will be incorporated into UK law once we have left the EU, but they need to go further by strengthening UK employment law if they are to deal with the issues of undercutting and exploitation. British manufacturing, the agricultural industry and our public services, especially the NHS, will need workers—skilled and unskilled—from European Union countries.

Concern about immigration was a key factor in many people’s minds during the referendum. A lot of that concern revolved around a feeling that workers’ wages and conditions were being undercut by migrants, especially those from eastern Europe. I know from my constituency that many of those workers are on zero-hours contracts, often being offered only about 10 hours’ work a week even though they want to work for longer, and at the minimum wage—sometimes even below it. The employers are not just about breaking even; they are big companies that often use agencies to supply their workers and effectively use the state—through housing benefit, for example—to subsidise cheap labour while seeing big profit margins.

Some call some of that a form of modern slavery. We need to use the opportunity before us to look again at how the labour market operates. If the Government are to address the concerns that I have set out, they will have to improve the whole way in which our labour market works. I believe that countries across Europe have concerns about this issue and we will be discussing it at the Labour party conference on Brexit in a few weeks’ time. It would help if we could talk to our European neighbours about the issue in respect of gaining as much access as we can to the single market.

My final point is that, as we saw yesterday, huge concern has been expressed in this country and throughout the world about the actions of President Trump. That has shown how essential it is that the UK does not withdraw from the world stage because of Brexit. I am a member of the Parliamentary Assembly of the Council of Europe. Last week, I saw at the Assembly how valuable it was to show that the UK has not withdrawn into itself, and that we understand the importance of working with our European neighbours and advancing our common cause on human rights. I know that Government Members feel strongly about that issue as well.

I hope that the Minister will reassure the House, once and for all, that the Government will not be withdrawing from the European convention on human rights and the Council of Europe. We need to lead the debate on how we leave the European Union, and the Bill should be an opportunity to do that.

New Partnership with the EU

Baroness Winterton of Doncaster Excerpts

Tuesday 17th January 2017 Commons Chamber

[Mr Davis]

I have considered them, but the idea that I might talk about them is another matter. There is a naive belief in modern politics that we have to establish, in some butch way, red lines. If we were to establish a red line, we would invite those with whom we are negotiating to make that red line very expensive. I do not therefore intend to get into the business of laying out red lines here, there and everywhere; I intend to get the best possible outcome for the country.

[Dame Rosie Winterton (Doncaster Central) (Lab)]

The Prime Minister has said we will be leaving the jurisdiction of the European Court of Justice, but will the Secretary of State, who has been a strong advocate of human rights, confirm that we will not be leaving the European convention on human rights?

[Mr Davis]

As the right hon. Lady knows, I have history in this area. They are completely separate entities, and the latter has nothing to do with this.

The Government's Plan for Brexit

Baroness Winterton of Doncaster Excerpts

Wednesday 7th December 2016 Commons Chamber

[Dame Rosie Winterton (Doncaster Central) (Lab)]

It is a great pleasure to follow the right hon. Member for Surrey Heath (Michael Gove). I was pleased that he called for unity, although I am not sure that he actually achieved it in the House during his speech.

This debate has shown why it is so important that Parliament should be able properly to consider the plan for leaving the European Union. There is no doubt in my mind that we will leave; my constituents voted decisively to do so. I absolutely agree with what my hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) and my right hon. Friend the Member for Leeds Central (Hilary Benn) said about article 50. As my right hon. Friend the Member for Doncaster North (Edward Miliband) said, however, this is a time to bring the country together, and it is essential that we work together to get the best deal for our constituents when we leave. This is such an important step to take, and it is inconceivable that as Members of Parliament we should just sit back and let the Government get on with it without telling us, even in broad terms, what discussions they are having. I am therefore pleased that the Government have accepted that they will share with Parliament the broad terms of the negotiations.

Companies in my constituency are suffering because of the uncertainty, and they want to know what analysis is being done of the effect that Brexit will have on them. I have said before that such an analysis should be carried out not only by sector but by region. Ministers have said that they will consult Scotland, Wales and Northern Ireland about the Brexit negotiations, but what about Yorkshire and the Humber? What about the other regions of the UK? Will the Minister tell us what the process will be for consulting the regions and how companies and others in my constituency will be able to contribute to that process?

Companies will also want to know what the approach to the single market is going to be. They will want to be assured that if the Government intend to give up our current level of access to the biggest marketplace in the world, they have a clear plan to ensure that businesses and jobs will not be adversely affected. Equally, if the Government intend to seek a transitional deal to make the transition smoother, they should be open and up front about it, so that companies and workers can plan accordingly. The Secretary of State said earlier that workers’ rights would be protected. I welcome that, but I hope the Minister will be able to assure me that he is fully consulting the trade unions on how employment rights will be protected in relation to the European Union.

When we talk about employee rights, part of our discussions about the UK workforce will involve discussing how freedom of movement will operate in a post-Brexit world. We know that this was an issue in the referendum; it certainly was in my constituency. We also know that we have to strike a balance between addressing people’s concerns about how freedom of movement has been operating and ensuring that we do not leave our health service, our food and agriculture sectors and many other industries unable to function because of labour shortages.

We also have to address how freedom of movement has led to the exploitation of workers from other parts of the European Union and the undercutting of UK workers’ wages and conditions. I know from my constituency that agencies have too often operated in an unacceptable way, recruiting from outside the UK while not even advertising in this country, with workers from other European countries coming here on short-term contracts and never knowing from week to week what work is going to be available. I know from discussions with colleagues from socialist and social democratic parties across Europe that other countries are aware of such developing problems, and we need to have an honest debate about this. Surely we should be talking about EU citizens moving to the UK to take up secure employment and about employers being made to take responsibility for how workers are treated, so that UK employees are not left at a disadvantage, with all the resentment that follows on from that. These are just a few of the issues that Parliament should be discussing. I hope that the Minister will be able to give us some reassurances on the negotiations and that he will address the points that are being made today.