European Union (Withdrawal) Bill

Anna McMorrin Excerpts

Committee: 2nd sitting: House of Commons
Wednesday 15th November 2017 Commons Chamber

[Preet Kaur Gill (Birmingham, Edgbaston) (Lab/Co-op)]

The European Union (Withdrawal) Bill is intended to bring existing EU legislation into UK law. As we do so, we must ensure that the fundamental rights of children are not diluted.

With our exit from the EU, the UK plans no longer to be party to the EU charter of fundamental rights, so it will not automatically benefit from the protections of children’s rights that exist within the EU legal framework. The treaty of Lisbon introduced an objective for the EU to promote the protection of the rights of children, and the charter of fundamental rights guarantees the protection of the rights of the child by EU institutions, as well as by EU countries when they implement EU law.

The best way to ensure that those rights are maintained after Brexit is to enshrine the UN convention on the rights of the child in UK law. Although the UK is a signatory to that convention, it is not enshrined in domestic law. The Bill removes from UK law the European charter of fundamental rights, proposing that fundamental rights and principles are considered in place of that charter when implementing case law or legislation that refers to it directly after exit day. The Children’s Society has rightly raised its concerns that there is no further information on what these fundamental rights would be, or any clarity about whether the development of children’s rights envisaged in EU law would be considered to be fundamental rights and principles. That is why, in the absence of any clear definition, further integration of the UN convention on the rights of the child in UK law would provide the framework for these fundamental rights for children.

[Anna McMorrin (Cardiff North) (Lab)]

I speak in support of new clauses 28, 30, 60 and 67.

As it stands, this Bill is fatally flawed. It puts huge power into Ministers’ hands without accountability, sidelines Parliament and the devolved Administrations, and puts crucial rights and protections at risk. The Bill also imposes new restrictions on the devolved Administrations. It risks eroding basic human rights and could prevent a transitional deal on the same basic terms that we currently enjoy, including those applying within the single market and the customs union. Such an extreme Brexit was not voted for in the referendum.

It is important that we safeguard the role the EU has played in strengthening and underpinning environmental rights and protections. Most of the UK’s environmental protections stem from EU law and offer us strong safeguards. Safeguarding and protecting the environment lies at the heart of the EU, and these core principles are reflected in its policy and law. I think we know that that is not the case for this Government.

In its current state, the Bill risks leaving dangerous gaps in environmental law. It contains flaws that will leave our natural environment less protected than at present. I want an assurance from the Government that the Bill will convert the entire body of environmental law into domestic law without any watering down, and provide for new governance arrangements so that there is effective implementation of environmental standards, whatever the UK’s future relationship with EU institutions. I want the Bill to restrict the use of secondary legislation before and after Brexit, and to create processes for the robust parliamentary scrutiny of any changes made through secondary legislation during the conversion of EU law. Finally, I want it to ensure that it will be up to devolved Administrations to make their own decisions and laws on those areas that are currently devolved.

I am particularly concerned about the loss of environmental principles. European environmental policy rests on the principles of precaution, prevention and rectifying pollution at its source, as well as that of “polluter pays”. Many of the strongest protections and international commitments to which the UK has signed up are underpinned by general principles of environmental law that are enshrined in EU treaties, but these are all at risk.

Let us put this in perspective by examining what is at stake. We have seen the decline of bees, with 20 bee species lost since 1900 and a further 35 at risk. EU laws on pesticides seek to ensure that potential risks are investigated, but what will happen to that scrutiny?

We must also ensure that the polluter pays. That fundamental principle has led to the improvement of our drinking water and to fines being imposed on operators that are found to have caused pollution, requiring them to repair any damage and to invest in preventive measures. Such laws and principles go a long way in helping to protect and enhance our natural environment. Will the Government continue to issue those fines, or will they bow to the pressure of lobbyists and trade deals? Where is the scrutiny? And where is the precautionary principle, which is also vital to safeguarding our food standards? Will chlorinated chicken from the US enter the UK market? The Bill must ensure at the very least that there will be equivalent provision for environmental standards—[Interruption.]

[The First Deputy Chairman of Ways and Means]

Order. There are a lot of conversations going on and I cannot hear the hon. Lady. She might be saying something important and the Committee ought to listen.

[Anna McMorrin]

Thank you, Mrs Laing. I was saying that the Bill must ensure at the very least that there will be equivalent provision for environmental standards and protections, and access to justice, if the UK ends its relationship with EU institutions.

What will the new body look like? The Secretary of State for the Environment, Food and Rural Affairs has announced the creation of a Commission-like body post Brexit to uphold environmental standards, but he could not say whether it would be able to issue fines or demand change when or if the Government fail to uphold environmental standards. The EU Commission can currently fine the UK when the ECJ finds that it does not uphold environmental standards. Would there be a separate Commission-like body for the devolved Administrations, who make their own laws and should be able to continue to do so? The Secretary of State told the Environmental Audit Committee that he saw distinct bodies for the devolved Administrations, so how will they be funded?

What safeguards are in the Bill to provide that environmental standards will not get even worse? There are none. The Bill takes away the rights and freedoms that we currently enjoy, and once it is in force, it will be impossible to challenge an action in court. The Bill denies us our environmental rights, so I call on the UK Government not to compromise them. I ask them to work collaboratively with our devolved Governments to be ambitious, to commit to stronger environmental protection, and to support new clauses 28, 30, 60 and 67.

[Anneliese Dodds (Oxford East) (Lab/Co-op)]

I regret the fact that I am rising to speak on this subject, but it is a matter of enormous public concern about which I have received dozens of representations from my constituents. It is an enormous shame that this debate has been delayed to such an extent that we have such a short time to discuss a matter of national importance about which our constituents are so concerned.

I want first to focus on animal welfare. We have heard Ministers say many times—we heard it again today—that animal welfare will be non-negotiable in our trade deals post Brexit. However, for those looking from the outside, it jars—perhaps that is the appropriate word—to hear the Secretary of State for the Environment, Food and Rural Affairs making those commitments after the Secretary of State for International Trade has suggested that chlorinated chicken could be defended. Provisions need to be hardwired and applied to the whole of Government, and that can occur only through primary legislation.

I served as a Labour MEP for three years. In that role, I was very aware that EU legislation was not perfect, as many Members have pointed out, particularly when it came to live animal exports. I was also aware that Britain went further than many other European countries in areas such as animal testing. It remains the case, however, as so many people have said, that about 80% of British animal welfare and environmental legislation comes from the EU.

Amendment 350 proposes transposing article 13 of the TFEU into UK law to recognise the sentience of animals. If we look at the words of the Environment Secretary, the Government seem to have changed their position. They appeared to give a commitment to transpose the provision back in July. I do not understand why expert groups such as the Association of Lawyers for Animal Welfare or Wildlife and Countryside Link would be suggesting that we need a separate provision if it already existed in existing animal welfare legislation. They are the experts on this, and I am listening to them. I point out that even under EU law, Britain is not a beacon in this regard. A constituent of mine, Mr Peter Tutt, has done a huge amount to raise awareness of the fact that much marine life that is recognised as sentient in other countries is not recognised as such in the UK.

The right hon. Member for West Dorset (Sir Oliver Letwin) says he believes that legislation of this type should come forward separately, but Opposition Members have made many persuasive objections to that. I would add that a core element of the leave campaign was that environmental and animal welfare protections would be preserved after Brexit, so it is absolutely correct that they should be part of our approach and set out very clearly in this Bill. Furthermore, we cannot rely on a consultation, as its outcome is unclear and it will not be calibrated with the progress of this Bill. I will end now, because I see that Mrs Laing is asking me to do so.

European Union (Withdrawal) Bill

Anna McMorrin Excerpts

Committee: 4th sitting: House of Commons
Monday 4th December 2017 Commons Chamber

[Anna McMorrin (Cardiff North) (Lab)]

In the past few weeks, we have spelled out many reasons why this Bill will leave the UK worse off in terms of human rights, workers’ rights, animal rights and environmental protections. However, it is designed to leave our devolved Governments and Parliaments worse off too.

[Nick Thomas-Symonds]

I entirely agree with the speech my hon. Friend has made so far. [Laughter.] I am sure I will agree even more as it develops further. She talks about the devolved Administrations, but is the truth not that this Bill also denudes this Parliament of powers through a number of Henry VIII clauses?

[Anna McMorrin]

I thank my hon. Friend, and I completely agree.

Wales voted for a devolved Government 20 years ago. I was part of that campaign, and I was proud to see the then UK Labour Government bring that about. We now see a more successful and confident Wales than we did two decades ago, but I fear that we are about to go backwards. The Tories have made it clear that, when it comes to devolution, they just do not get it. Anyone who understands the basics of devolution can tell you that this Bill is taking us backwards. The powers devolved to Wales must stay in Wales.

Clearly, the issue is one of trust—trust to exercise devolved powers responsibly, trust to carry out measures that represent the people of Wales and trust to provide meaningful scrutiny of legislation. However, why should we in Wales trust a UK Government that are leading us to such a shambolic Brexit? As it stands, after Brexit, the devolved Governments will be at the mercy of Whitehall.

[Stephen Kerr]

The hon. Lady’s remarks lead me to conclude that there seems to be no basis, in her mind, on which Wales’s two Governments can get together and make agreements, but there has to be trust. We have to have some basic trust between our levels of Government —otherwise, we will not be able to progress. Surely she is not advocating constitutional confrontation rather than consensus.

[Anna McMorrin]

I think we are seeing the beginnings of a constitutional crisis right now actually. [Interruption.] I will go on to explain if the hon. Member for Stirling (Stephen Kerr) will let me.

After Brexit, devolved Governments will be at the mercy of Whitehall mandarins with complete control over the time, place, method and future of the repatriation of powers from Brussels. We need only an elementary understanding of how institutions and Governments work to understand that this is leading us to a constitutional crisis.

Devolution is one of our country’s great strengths. The last 20 years have shown devolution to be a success, with our Governments in Wales and Scotland able to forge their own distinctive paths with confidence. Decisions about Wales are best made in Wales by the people of Wales. This is not an argument for nationalism, but one for democracy. Governments formed here in Westminster are not best placed to dictate what happens in Wales.

This Bill lets down the constitutional settlement and the people of Wales, Scotland and Northern Ireland. First, as drafted, clause 11 places a new and significant constraint on the devolution settlement and shifts the power dynamic around setting common UK frameworks firmly in the direction of the UK Government. As yet, the UK Government have provided no information on how these common frameworks will be agreed, the timetable for agreeing them or how Parliament and the devolved legislatures will be involved in the process.

[Stephen Kerr]

I am afraid that what the hon. Lady is saying is just not true. The excellent report produced by the Public Administration and Constitutional Affairs Committee reproduces in full the agreement from October —just a couple of months ago—which spells out exactly how these common frameworks will be put together between the Governments. [Interruption.] No, that is what it says in this report.

[Anna McMorrin]

I am afraid the Chair disagreed with the hon. Gentleman. [Interruption.] Well, the hon. Gentleman should speak to the Chair and to other Conservative Members about that.

The situation is further complicated by the fact that, in a number of EU policy areas, the UK Government are in fact acting as the Government of England.

[Mr Jenkin]

I am most grateful to the hon. Lady for giving way—I know she is trying to get on with her speech.

Yes, we published the conclusions of the last Joint Ministerial Committee in our report because they, I think, do show the good faith of the Government. However, I also understand why people have doubted the good faith of the Government—because clause 11 is so bald, if I may say so. We need reassurances around clause 11 that do not necessarily change the substance of it but give assurance that there will be a process and a timetable. That would certainly be a good step.

--- Later in debate ---

[Anna McMorrin]

I thank the hon. Gentleman, and I agree absolutely that we need far more information on how the common frameworks will be agreed, the timetable for agreeing them, and what is involved in the processes.

[Wayne David (Caerphilly) (Lab)]

But the very fact that there is no timetable surely gives weight to the argument that what we are seeing here is a crude power grab.

[Anna McMorrin]

I thank my hon. Friend, and I completely agree. That is what I am saying in my speech—that this is an absolute power grab to the centre and away from the devolved Administrations.

[Paul Flynn]

My hon. Friend is being extremely generous in giving way.

Could we take a practical example of what will happen? The Welsh Government have wisely introduced a law on presumed consent for organ donation—it is settled, and it has saved 40 lives. The United Kingdom Government have not introduced such a law, and England has lost 400 lives. Scotland is in the process of introducing such a law, but the power it has to do that is being grabbed back here. Will that kill people in Scotland? That is an example of this legislative paralysis, which is taking away Scotland’s powers to do something that is much needed.

[Anna McMorrin]

Absolutely. I completely agree. That just shows that what we have here in a number of policy areas is a constitutional crisis emerging and the UK Government acting as the Government of England, not the Government of the UK, leading to a number of possible conflicts of interest when it comes to imposing pan-UK structures.

Secondly, it is crucial that Welsh Ministers and the Welsh Parliament are responsible for correcting and amending all areas of EU law that are devolved. Restricting involvement means taking away powers that have been devolved for 20 years and creates an inequality between the nations of the UK, as has just been described by my hon. Friend the Member for Newport West (Paul Flynn). That endangers the proper functioning of any UK single market—one of the main aims of this Bill.

We have seen the mess the Prime Minister is making of these negotiations, and we have seen the mess today. She is held to account by a small minority party—the DUP—and we have seen that this afternoon in the negotiations. A hard Brexit or no deal would seriously challenge devolution, as well as risking the Union. As a devolutionist who wants the UK to stay together, I think these issues are likely to cause the UK to begin to unravel. The UK Government must take responsibility.

Finally, the UK Government know they cannot win this. They may be able to whip their Members here in the House of Commons, but they cannot whip their Members in the Lords. Those Members are determined to expose what this Government are doing and will not let them off lightly.

[Luke Graham (Ochil and South Perthshire) (Con)]

Like the hon. Lady, I represent a constituency in a devolved part of the United Kingdom. Many in the House believe that clause 11 should be amended and have put their point to the Government, but will she work constructively with the Government and be specific—not fan the flames of nationalism, which we all know are at play and could undermine our United Kingdom?

[Anna McMorrin]

As the hon. Gentleman knows, I am not fanning any flames of nationalism; I am talking about democracy in this place and the democracy of the UK. The Welsh Government have tried on many occasions to negotiate with the UK Government. That has not been possible, so we have the opportunity to vote with our Front Bench on these amendments.

[Chris Elmore]

My hon. Friend makes the point that Conservatives with constituencies in devolved parts of the UK should vote with us this evening. The Welsh and Scottish Governments have been saying for years that the JMC should be put on a statutory footing. That would build trust between the Government and the Welsh, Scottish and Northern Irish legislatures. Does my hon. Friend agree?

[Anna McMorrin]

Yes. It is so important that structures and discussions are formally put in place across the country.

[Jo Stevens (Cardiff Central) (Lab)]

I recall that during the passage of the Wales Bill last year we specifically asked for the JMC to be put on a statutory footing. The Government said no.

[Anna McMorrin]

The Government will probably see the error of their ways as the Bill passes through the Lords and they lose there. My advice is that the Government should avoid any more embarrassment, listen to our devolved nations and amend the legislation before it is too late.

[Mr Alister Jack (Dumfries and Galloway) (Con)]

On 23 June last year, I voted, like more than 1 million Scots and more than 17 million Britons, to leave the European Union. I did not take that decision lightly; the caricature of leave voters as romantic zealots with no regard for our economy could not be further from the truth. Brexit is a practical decision, and I believe that the United Kingdom will be better off, and less exposed to risk, by taking control of its own destiny and trading with partners around the world, rather than becoming increasingly tied to the whims and fortunes of the European Union.

European Union (Withdrawal) Bill

Anna McMorrin Excerpts

Committee: 5th sitting: House of Commons
Wednesday 6th December 2017 Commons Chamber

[Luke Graham]

I said that I would not take interventions; I am really sorry, as I usually would. What has been made clear by Members across the House—

[Anna McMorrin (Cardiff North) (Lab)]

rose—

[Luke Graham]

I am sorry, I am not going to give way to the hon. Lady, who arrived late. The hon. Member for North Down (Lady Hermon) spoke powerfully about the sacrifice and dedication of many people to the United Kingdom. Opposition Members did not only hear her words but understood them. I hope that most Members, with some exceptions, want us to be committed to the United Kingdom and want amendments to the Bill to strengthen it, both in devolved and reserved matters, so we had better serve our constituents and not political dogma.

European Union (Withdrawal) Bill

Anna McMorrin Excerpts

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

[Mrs Moon]

No, I am going to carry on, because others need to get in.

Turning to the steel sector, I found what I already knew: Wales employs 5,000 people in the steel industry, and the knock-on effect on the steel industry in Port Talbot, Neath, Swansea, Ogmore and Bridgend will be devastating if those jobs are affected in the slightest. I did not waste my time going through all the Government nonsense again; I went straight to the sectoral views. The view of the steel sector was very blunt, just like the people who work in it, and I like that. It stated that policies and practices should remain as closely aligned to the EU as possible. Have I heard the Government promise that at any time during these debates? No.

The sectoral view asked that we retain the UK’s existing trade relationship through the EU’s free trade agreement and similar preferential trading agreements. I have seen no promise of that either. It said that this should be a priority over the negotiating of a new free trade agreement. It also said that if we are to minimise the disruption that Brexit will entail, it will be vital that UK trade policies and practices remain as closely aligned to the EU as possible. The sector would not be happy to learn about the bonfire of the vanities proposed under the Henry VIII clauses in the Bill. My local employers and workforce need to know in advance of our exit that the Government have taken into account the economic and financial impact on their lives, their jobs and the future of their children before modifying or abolishing anything.

[Anna McMorrin (Cardiff North) (Lab)]

The Government say that they have carried out significant impact assessments covering the Welsh economy, but they have not been shared with the Welsh Government. What are they, and do they actually exist?

[Mrs Moon]

I took that intervention from my hon. Friend because she is a Welsh colleague, and she and her constituents will also be affected by these job losses in automotive and steel. This was nothing to do with rejecting an intervention from the Conservative Benches; it was about giving the Welsh voice prominence in this place, just for a change. Welsh workers are deeply affected by these industries, and it is appalling that the Welsh Government have not been given the information that they need to do what they can. It is equally appalling that we as elected Members are not being given the information that we need to work to protect the people we were elected to protect. The typically patriarchal attitude towards the workforce revealed by the impact assessments that have been done so far is deeply worrying. I do not think that any in-depth analysis of the financial impact has been done.

Interestingly, I was in the USA last week at a defence conference, during which the question of the Transatlantic Trade and Investment Partnership and a potential free trade agreement with the UK came up. A very senior member of the Trump Administration told us that the US had an ambition for access to all services in each other’s markets and that it was particularly keen to have access to the UK’s financial services. We were told, however, that it would not be as keen if the US was subject to the European Court of Justice, because it would not want its companies to have such judicial oversight. I think that tells us everything we need to know about the importance of our remaining in the customs union and the single market and being subject to the European Court of Justice. That is how we will protect not only our workforce but the consumers who buy the products that they produce.

--- Later in debate ---

[Kate Hoey]

No, not at the moment.

My worry about amendment 7 is what the EU has done before with countries that have voted against something that they did not want. As we get nearer the end, if we do not have an agreement, it will of course be in the EU’s interests to delay if it knows that this Parliament is just waiting to allow more time, and we will therefore just be paying in more and more money. I have a problem even—

[Anna McMorrin]

This is absolute nonsense.

[Kate Hoey]

My hon. Friend may think that I am talking absolute nonsense, but 17.5 million people out there do not.

Let me get back to my reason for speaking today: I oppose new clause 13, which was tabled by my hon. Friend the Member for Nottingham East (Mr Leslie), and I want to explain why we must leave the customs union. I am very pleased that our Front Benchers have made no remarks about us supporting the new clause, and I certainly will vote against it tonight.

[Kate Hoey]

People voted to leave for all sorts of reasons, but—

[Anna McMorrin]

Take the intervention!

[Kate Hoey]

I can see. I do not need to be told what to do by my hon. Friend; I have been here quite a long time.

It is very clear that if we stay in the customs union, we cannot cut the kind of free trade deals that we want with the over 80% of the world’s economy that will be outside the EU once we have left. That is not what the British people voted for. They voted to leave for different reasons, but underlying everything for all of them was our getting back the ability to make decisions about what we want to do and who we want to trade with.

European Union (Withdrawal) Bill

Anna McMorrin Excerpts

Report stage: First Day: House of Commons
Tuesday 16th January 2018 Commons Chamber

[Mr Jenkin]

It is very problematic. My Committee has repeatedly attempted to make an official visit to the Province, but that has not been regarded as expedient at this time. However, I sometimes run into the hon. Lady and I talk to other elected representatives of the Province; I hope that there is, at least within this House, trust and understanding between the democratically elected representatives on this matter. However, I invite the hon. Lady to a further conversation offline. We are continuing our inquiry and our work.

I make it clear to my party’s Front Benchers that I expect amendments to be tabled to clause 11 to clarify how long the powers should exist. Why is there not a sunset provision at the end of clause 11, so that it is seen clearly as a temporary expedient and not a final destination? Why is there not some qualification to the powers that have been retained, to show that they are for a particular purpose rather than just a blanket withholding?

As I said in Committee, it was instructive that even the work commissioned by the Scottish Parliament demonstrated that most of the powers being recovered from the EU—those with relevance to the UK single market, for example—are naturally reserved powers. We are dealing here with only a relatively small proportion, albeit on significant matters such as the environment, farming and fisheries.

This is an important test for the relationship between Whitehall and its counterparts elsewhere in the United Kingdom—and, indeed, with this Parliament, because the relationship between the Parliaments is just as undeveloped, possibly even less so, than the relationship between the Governments. The Governments have to work together, and on the island of Great Britain we have a single civil service that naturally works together. But the idea of the Parliaments of the United Kingdom working together is a completely alien concept and has not yet come into our political idiom at all.

Our Committee continues to work on the issue. I hope that we shall make some radical recommendations to help us learn from other, decentralised systems of government in other countries. This is in the DNA of their constitutions. We need to develop the same facility, so that after we leave the European Union and the powers have been devolved, the four parts of the United Kingdom work effectively and harmoniously together for the common good and the future of our country.

[Anna McMorrin (Cardiff North) (Lab)]

The biggest scandal about clause 11 is that the UK Government know that it is completely unacceptable; they are just not brave enough to admit it. Ministers, Tory MPs and civil servants have privately—and publicly, sometimes—acknowledged how extremely ill-advised it is to remove the power of the devolved Governments over devolved areas. This UK Government committed to introducing amendments on Report to address this, but where are they? Where is the Government’s acknowledgement that they have got this wrong?

[Sir Oliver Letwin]

No doubt the hon. Lady will develop her argument, but will she just clarify something? It is not the case, is it, that anything is being removed from the devolved authorities? It is a question of whether things that currently reside in Brussels should be devolved rather than returned to Westminster.

[Anna McMorrin]

There are things that are devolved and on which we work with the EU, and we do not want those devolved areas returned centrally to the UK Government, as part of a power grab, rather than to our devolved Administrations. The Welsh Government are clearly arguing that case, and so are the Scottish Government.

[Dr Whitford]

Is the issue not the basic principle that when the Scottish Parliament was set up, certain powers were reserved, and if they were not specifically reserved, they were devolved? That was not originally the case in Wales, but it was later changed. This process reverses that.

[Anna McMorrin]

That is absolutely the case. It is the case in Scotland and is now the case in Wales. The Welsh and Scottish Governments are clearly arguing this case, and we are now on the brink of a constitutional crisis. This is an issue of trust—trust to exercise devolved powers responsibly, trust to carry out measures that represent the people of Wales and trust to provide meaningful scrutiny of legislation. Why should we in Wales trust a UK Government who are leading us, at any cost, towards such a shambolic, hard Brexit? As it stands, after Brexit, the devolved Governments will be at the mercy of Whitehall, which will have complete control over the time, place, method and future of the powers being repatriated from Brussels. Whitehall may even decide that passing them on is too much trouble, and since the devolved Administrations are given no bargaining powers under the Bill, there will be no opportunities for either Wales or Scotland to demand their return. This is called rolling back the powers of devolution, and we in Wales will not stand for it.

[Stephen Kerr (Stirling) (Con)]

Is the hon. Lady not aware that there are ongoing discussions between the UK Government and the devolved Administrations about this very subject, that there are positive signs that an agreement will be reached—if it has not already been reached—and that therefore she is scaremongering in respect of these powers?

[Anna McMorrin]

I am aware that discussions are taking place, but I am also aware that the UK Government promised to bring forward an amendment at this stage but have not done so. So where is that trust?

[Hywel Williams (Arfon) (PC)]

Will the hon. Lady agree that a symbol of how seriously this is being taken by the Welsh Government and Welsh parties and in Scotland is the fact that consideration is now being given to continuity Bills to ensure that those powers are retained? In fact, my colleague Steff Lewis in the Assembly will be presenting just such a Bill tomorrow morning.

[Anna McMorrin]

Yes, that is exactly right, and something I am coming on to. Just today, the Welsh First Minister has said he will take steps to protect Welsh powers after Brexit if UK Ministers do not change the Bill, stating that the Prime Minister’s plan to accumulate all the powers from Brussels in London is a “fundamental assault on devolution”.

[Chris Ruane (Vale of Clwyd) (Lab)]

Members from all sides have mentioned the issue of trust. Does my hon. Friend think that the Government’s attitude to the cancellation of the electrification of the line to Swansea and their promises on EU grants to Wales have helped trust between Cardiff and London?

[Anna McMorrin]

My hon. Friend is absolutely right. How can we trust a UK Government who cannot make a decision on the tidal lagoon, who cancel electrification, who do not give us fair funding, and who do not give Wales an equal say? The Bill says just that.

The First Minister of Wales has explicitly refused consent to the Bill, and if nothing has changed by the end of January, the Welsh Government will introduce a continuity Bill to protect Welsh interests. The invitation from the Welsh Government to co-operate with the UK Government to make the Bill fit for purpose has been ignored. If the UK Government understood why devolution is one of the strengths of the UK rather than—as they seem to think—one of its weaknesses, they could have included a strategy providing for meaningful, positive scrutiny of legislation by the devolved Governments, and a smooth transition of powers from Brussels to the local, devolved Administrations who are best placed to know what is best for their own countries.

Some EU frameworks will need to be replaced by common frameworks in certain devolved areas, such as agriculture, environment and fisheries, but it is unacceptable to sideline the devolved Governments in that process. The Welsh Government have always been involved in EU negotiations, and are involved in them at the moment. I know that because, in a previous role, I have been part of those EU negotiations alongside Welsh Ministers. I know at first hand what an easy process this is, and I know that it is a process that has always worked. For example, Wales leads the way on recycling and climate change. If environmental policy is reserved to Whitehall, what is to stop the deregulation and the rolling back of our progress to abide by the messy agreements that the Government are planning with the likes of Donald Trump?

[Luke Graham (Ochil and South Perthshire) (Con)]

I share the hon. Lady’s frustration that the Government have not tabled an amendment, which I think will be well documented in the debate. Does she agree, however, that there is an opportunity for us to have a stronger United Kingdom through UK frameworks? The environmental point is very clear: pollution does not respect national or regional boundaries. We need strong nations, but we need a strong United Kingdom as well.

[Anna McMorrin]

We did table amendments, but the Government voted against them.

I cannot possibly accept that the UK Government will decide all new policies for all the nations of the UK on issues that are devolved, when they are also acting as the English Government. English interests are not always the same as Welsh or Scottish interests. We know all too well that English interests come first. Wales voted for a devolved Government 20 years ago. I was part of the campaign, and I was proud to see the then UK Labour Government bring that about.

[Eddie Hughes (Walsall North) (Con)]

Surely the point is that we are a United Kingdom, and as we move across the United Kingdom we see a great diversity in our country. Walsall North is very different from some of the sunny areas in the south-east. I think that we need to operate collectively as a nation in these discussions.

[Anna McMorrin]

If the UK Government were going to work together in that way, surely they would have tabled an amendment at this stage enabling them to do just that.

We now see a more successful and more confident Wales than we saw two decades ago, but I fear that we are about to go backwards. The Tories have made it clear that when it comes to devolution, they just do not get it. Anyone who understands the basics of devolution could tell them that the Bill, in its current form, is taking us backwards. We need a Bill setting up a procedure that devolved Governments could use in order to have a say on the common UK frameworks so that they would not have to depend on Whitehall’s good will or trust, and that must be on the face of the Bill. We need a Bill that does not propose regressive restrictions on the ability of devolved Parliaments to legislate on devolved areas; this Bill is not it, and I am disappointed that this UK Government could not get their act together between Committee and Report stage and offer better amendments to salvage it.

--- Later in debate ---

[Stephen Doughty]

The hon. Gentleman makes an important point.

[Anna McMorrin]

Does my hon. Friend agree that this Front-Bench amendment was written alongside and in co-operation with the Welsh Government, which means they will accept what this amendment says? [Hon. Members: “The LCM?”] Yes.

[Stephen Doughty]

The series of issues we have raised concerns about for months has been clearly set out. These issues have been raised since the Bill was drafted. We are in the absurd situation where the Secretary of State for Scotland admits there are deficiencies in the Bill and many Conservative Members agree with that. I have no doubt that the Minister for the Cabinet Office agrees with it, although I doubt he will say so today. We all recognise there are deficiencies with it, so the question is: why have they not been resolved before we reached this stage? We were hearing a lot from the Scottish Conservative Members, whose position seemed to be somewhat different from that of their counterparts in the Scottish Parliament. The Welsh Conservatives claimed today that they are disappointed; the whole of Wales will be disappointed by their failure to stand up for Wales and their own legislature, in which they sit.

As I said, I do not want to go back into all the technical detail, so I finally wish to come to the nub of this issue: why does all this matter? Why do these issues matter? Why do these technical debates about the constitutional settlement matter? They matter because they have consequences for our Union, for the devolution settlement and for the economic operation of the markets within this United Kingdom. We are already going to be struggling to deal with the serious consequences we will face if we carry on along the Government’s hard Brexit path of, for example, leaving the customs union and the single market, with which I do not agree. Do we really want to add to that a series of complexities, challenges and problems within our own internal markets, logistics and functioning?

There are serious consequences for relationships that we know are already under strain and the subject of lively political debate in the UK. There are also economic consequences of Brexit as a whole for the devolved nations. Just this week, University of Birmingham research showed that the nations and regions of the UK are very exposed economically, with 11.7% of Welsh GDP being exposed. As I said, there are serious consequences to leaving the single market and customs union. We heard yesterday from one of Wales’s largest employers, Airbus—I draw attention to my declaration of interests—which employs a number of people in the defence and space industry next door to my constituency and many people across Wales. Its chief executive, Tom Enders, said that the “wreckage” of Trump will be easier to repair than that of Brexit, given the increased costs and the challenges for competitiveness.

The Welsh people, the Welsh Government and the Welsh Assembly need to have a proper say in where we go on this process, given the implications. As the consequences become clearer, the Welsh people, and indeed the British people, have the right to change their minds on this entire process.

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[Stephen Kerr]

I will give way just one more time because I am sure that Mr Speaker’s patience with me is going to wear thin. In fact, I will take one intervention from the Opposition and one from my hon. Friend the Member for Harwich and North Essex.

[Anna McMorrin]

The Welsh Government and First Minister deemed it necessary to make a statement today about the lack of joined-up working with the UK Government, which is threatening a constitutional crisis; that is coming from a Labour Government in Wales. The very point is that we are on the brink of a constitutional crisis. We need an amendment. We need the Government to support Labour’s amendment 3.

[Stephen Kerr]

The hon. Lady is describing the attitude of the Welsh Government, which in many respects has been more hawk than dove on these matters. I have no doubt that that is for the Labour party’s political purposes in Wales, as such things are for the SNP in Scotland.

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[Ross Thomson]

I thank the hon. Gentleman for his intervention. Obviously, Government Back Benchers have not been directly involved in negotiations between the Governments, but boy, have we been meeting with our ministerial colleagues and making our position and our asks very clear, and I am sure Ministers will reiterate what those asks have been. This is important, because it is in both Governments’ interests that we reach a conclusion. I would ask the Minister, have SNP Ministers shared with you some of the negotiating aims that they are looking for? This is a two-way process.

Given the amount of work that colleagues on the Government side of the House have put into this, there is genuine disappointment and frustration that those amendments have not been tabled on Report; we are disappointed that they will have to come through from the Lords. However, as I said, we recognise that this process is very complex, and that the implications if we do not get it right are very far-reaching. So, we need to ensure that when it comes to UK-wide frameworks, we get agreement on both sides. Some powers will naturally go back to the Scottish Parliament, but some issues are best approached at a UK-wide level, and there is still no agreement between both Governments on that.

If we do agree to the amendment, we must look at what happens where there is disagreement between both Governments in future in the exercise of some of these powers. The way in which those disputes are resolved is inherently complex; it is not simple. I do not think any of those points is addressed in the amendment before us.

I shall touch on a point that was raised by the hon. Member for Cardiff North (Anna McMorrin). I know she is standing up for her area in the way she thinks best, but a lot of the rhetoric sounds very familiar. It is very like what many of my hon. Friends have been dealing with for a long time in Scotland, with the rise of nationalism and with the independence referendum. It is very easy to batter the UK Government in that way, but I believe it is very dangerous and divisive to do so. Maybe the hon. Lady can learn lessons from her Scottish Labour colleagues. It was as a result of that ambivalence towards the Union that Scottish Labour found itself a third party in the Scottish Parliament, and that it has again found itself a third party in Scotland since the general election. That is why there are more of us sitting on the Conservative Benches—because we believe that standing up for the Union is a good thing, not just battering all the time.

[Anna McMorrin]

The Labour Government in Wales are not a nationalist Government, and if the UK Government were to work co-operatively with both the Welsh Government and the Scottish Government we would not be in this situation. We need that amendment, and the behaviour of this Government means that we are heading for a constitutional crisis. I do not want that constitutional crisis, and neither the First Minister for Wales nor, I think, the First Minister for Scotland wants it.

[Ross Thomson]

I do not accept the hon. Lady’s characterisation of the UK Government’s behaviour. I have seen people in the UK Government acting in good faith, and in fairness, I have seen that Scottish Government Ministers usually privately act in good faith. The public dance within the media and in public is something different, and I know that the SNP have to get from where they are to where they can accept UK-wide frameworks, but I know they are on that journey. I believe that both Governments are acting in good faith.

The most interesting thing to emerge from this is that the Scottish Government and the SNP are demanding more powers; they demand that all 111 should rest with the Scottish Parliament, regardless of the effect on the UK internal market. But they never talk about outcomes from these powers. They demand more and more, but they never tell us how they want to use them. Sadly, the nationalist narrative now is to just demand more, demand more, demand more, because they want independence. It does not matter how much you try to dress it up. The First Minister herself said that independence “transcends” everything else. It does not matter how the Scottish Parliament is currently exercising its powers, but they will never be enough, because independence is always the end goal, which was why, yet again at the weekend, we heard about potential new dates this year for another referendum. That is why there are fewer SNP Members sitting in the House—people in constituencies such as mine, and Stirling, and West Aberdeenshire and Kincardine, to name just a few, are absolutely fed up with that rhetoric. As my hon. Friend the Member for Stirling rightly said, people want our Governments to work more constructively together. They are fed up with the rhetoric, fed up with the ongoing bickering and fighting and point-scoring. They want to see both Governments working together, and both Governments have demonstrated that they can do it. Both can work together over city deals, for example, to deliver for Scotland and for regions. People get really fed up when they see “The Andrew Marr Show” on Sunday morning and yet again there is the kind of rhetoric that we have had to endure in Scotland for not just months, but years.

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[Hywel Williams]

I shall return, for a moment, to the European Union (Withdrawal) Bill.

I rise to speak to amendments 12 and 13 and the consequential 11 in my name and those of my hon. Friends. Amendment 12 to clause 19 would require the UK Government to gain the consent of the sitting devolved Administrations before the Bill came into force. At this stage, hon. Members should not rehearse previous arguments or submit previous amendments, so following my attempted amendment on day one of Committee which also sought to require the legislative consent of the devolved Administrations, I have addressed the critical point raised by other Members about Northern Ireland.

At the time of that previous amendment, there was no Northern Ireland Assembly to grant consent to the Bill and that, unfortunately, remains the case. My amendment, therefore, sets out that consent is required from all devolved Administrations unless direct rule is in place or the Administration have been formally suspended or dissolved for reasons other than recess or an election. Across the House, many of us would like the Northern Ireland Assembly to be up and running and serving its people once again, but if that was still not the case once the Bill was enacted, the amendment would still require the consent of the other Administrations.

To echo the Under-Secretary of State for Exiting the European Union, the hon. Member for Worcester (Mr Walker), this Bill is about continuity, certainty and control. It is now clear that the convention of gaining legislative consent is flawed, as it has been held to be just that: a convention. In contrast, the devolved Administrations have come to see it as a normal and required aspect of legislative processes. It seems to me that until recently, at least in how the process worked from day to day, that was also the view of the Westminster Government, who have sought legislative consent from the nations on hundreds of occasions since devolution.

The Minister has now confirmed that his Government are seeking legislative consent for this Bill as well. Given their own consistent actions, I am mystified about why they do not wish the principle of consent to be anywhere in the Bill—unless, of course, they plan to renege on that commitment, too. If I were a cynic, I might suspect that the Government here are happy enough to request consent as long as there is no risk that it might be refused, as might happen in this case. That is the Catch 22: consent is there only when it is granted.

I also note that hon. Members, including me, have repeatedly asked Ministers what would happen were consent to be refused. In response there has consistently been—well, no response at all. One case in point will suffice. At Welsh questions on 13 December, I asked the Secretary of State for Wales:

“What recent discussions he has had with the Welsh Government on a legislative consent motion for the European Union (Withdrawal) Bill.”

I added:

“I have asked the Secretary of State a number of times, both orally and in writing, what would happen if the National Assembly for Wales were to withhold its consent for the withdrawal Bill, and he has gone from looking hopelessly Panglossian to being unsure, evasive and even furtive. Will he now tell the House what would happen if the National Assembly for Wales withheld its consent for the Bill?”

His answer made my case—that the Government were either clueless or evasive—for me:

“I am optimistic that our work with the Welsh Government will lead to a legislative consent motion.”—[Official Report, 13 December 2017; Vol. 633, c. 381.]

That was all: hopeless optimism and no real answer. Our leaving the EU has been characterised as taking back control, but surely to deny the sitting devolved Administrations their fair say on whether the Bill should be passed goes against the three principles of the Bill that the Minister set out: to provide continuity and certainty and to take back control. Control for whom?

I turn now to amendment 13 to clause 11, which also stands in my name and those of my hon. Friends. It is clear that the Bill in its current form would weaken the devolution settlements that the people of Wales, Scotland and Northern Ireland have enjoyed for 20 years. Even this Government have made it clear that clause 11 is not good enough and said that it will be amended. Our amendment seeks to guarantee that any future frameworks respect the democratic accountability of the devolved legislatures by being based on established conventions and practices that will not be adjusted without the consent of these institutions. That is the moot point: it is matter of consent.

The amendment holds that

“flexibility for tailoring policies to the specific needs”

of the nations should be allowed, as is currently enjoyed under EU rules, and—most crucially—that these frameworks would

“lead to a significant increase in decision-making powers for the devolved administrations.”

Before Christmas, the Scottish Secretary gave a strong commitment that clause 11 would be amended on Report, based on the criticisms from across the Committee of the whole House. Unsurprisingly, I suppose, the Government have U-turned on this promise and failed to table any amendments that address the concerns about devolution raised by Members from across the House. What is even more striking is that this was brought to the Government’s attention again two days before the deadline for tabling amendments, yet they failed to act. In this, they have merely confirmed my point in an earlier debate that it appears they still have not accepted that the UK is a unitary nation and that we have more than one Parliament within the British state.

The Welsh Government cannot just continue to hope that something might turn up, waiting in hope for this Tory Government to see reason, so I am glad that the hon. Member for Cardiff North (Anna McMorrin) noted that the First Minister had at last made a statement. I would also be glad if he could agree to the proposal for a continuity Bill that my friend in the Assembly, Steff Lewis, is bringing forward tomorrow. My party’s position in the long run is clear—we want the people of Wales to run their own affairs—but in the interim our sincerely held view is that we need a collaborative procedure for the creation of UK-wide frameworks to ensure good governance for the people of Wales.

Given that the Government are so determined to press ahead and remove us from the already functioning EU frameworks, these UK-wide frameworks will have a significant impact on the existing devolved settlements and therefore must be created jointly by all the sitting Governments, and not be dictated by Ministers of the Crown here. This is only the first step to ensuring that devolution is not just respected but upheld during the upheaval that the Government are creating by leaving the European single market and customs union.

[Anna McMorrin]

Does the hon. Gentleman agree that systems are already in place under which the Welsh and UK Governments negotiate together on EU discussions? UK Ministers are Ministers of the Crown, as are Welsh Ministers. That is already in place and just needs to continue. The amendment is necessary if it is to continue.

[Hywel Williams]

I thank the hon. Lady for her intervention. It brings me to the very point I was going to make. The Joint Ministerial Committee (EU Negotiations), to which she was referring, had a very rocky start. Some hon. Members will know that it met last February and then not again until October. During that time, momentous events were taking place here. Huge changes were being made in the relationship between Wales and the EU, and in the United Kingdom’s relationship with the EU. However, the JMC, the very mechanism that was supposed to elicit the views of Welsh Ministers—and Scottish and Northern Irish Ministers, for that matter—did not meet. I am glad to say that since that suspension it seems to have recovered somewhat: the October meeting was much more positive.