(5 years, 1 month ago)
Commons ChamberIt is absolutely crucial that we make this country the best place to invest for technology and innovation, and that is part of the vision of global Britain. So I pay tribute to the project in my hon. Friend’s constituency. That is what we can deliver if we can get Brexit done and dusted and move on, and allow the people of this country to move on.
The right hon. Gentleman and the Government talk about the will of the people and the need to restore trust in democracy when it comes to Brexit, while completely forgetting that over 16 million people voted for us to remain in the EU, 13 million people chose to abstain in the referendum, and 1.5 million youngsters were not eligible to vote and now want a say about their future. On that basis, surely the way to protect democracy is to put any Brexit deal to a confirmatory referendum because, if we do not have that people’s vote, we will leave the EU without the consent of the majority of people of this country.
(6 years, 1 month ago)
Commons ChamberI thank the shadow Brexit Secretary for his comments, and I agree with him about the need for a serious, substantive debate and for the right tone for this debate. He is right that the meaningful vote needs to be a decisive decision. We set that out in the memorandum and that is what section 13 of the European Union (Withdrawal) Act 2018 provides. As the memorandum that we have published makes clear, we expect amendments to be allowed on the motion, although again, that is an issue for you, Mr Speaker. The distinction that needs to be borne in mind is between the likely impact that any procedural amendments would have on the withdrawal agreement at the international level. The shadow Brexit Secretary is far too assiduous and astute a lawyer not to know that as a matter of basic law, they could not have an effect of altering the withdrawal agreement. Also, common sense—he will know—means that it will be highly unlikely, if not impossible, for us to refer back to the negotiating table.
I gently say to the Secretary of State that of course he was in the Ministry of Justice, and in his ministerial role he helped to negotiate the passage of the Bill that eventually became the Act that is the subject of this urgent question. And I agree with my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve): this is a matter of trust, and it is quite incredible for the Secretary of State to stand up and basically say that, as a former Minister who navigated the Bill through the House, they did not understand the consequences. This is a matter of trust not just in Parliament and along the Government Benches—my right hon. Friend the Secretary of State knows that many Members were very concerned about all of this and trusted the Government that we would have a meaningful vote—but among the people of this country, and if they think there is any breach in trust, they will not forgive this Government.
I thank my right hon. Friend. She will know, because it is set out in our memorandum—I know she scrutinises these things very carefully—that we are amenable, subject to the prerogatives of the Speaker and the House, to this being an amendable motion. She will also understand the need—this is why it is a meaningful vote of the very highest order—for there to be a clear decision that we are given on the deal we are confident we can strike with our EU partners, so that we know whether we can proceed to implement it.
(6 years, 11 months ago)
Commons ChamberNo, that is not right. We would be required to wait for the withdrawal agreement Bill to be enacted, so that is not right.
No, I am going to make some progress.
I know that my right hon. and learned Friend the Member for Beaconsfield is engaging with this very seriously and constructively and that he is frustrated, but there is no getting around the timing issue that we have.
No, I am going to make some progress.
Nor is there any getting around the long tail of technical, regulatory secondary legislation that we will need to get through if we want to provide the legal certainty that will make for a smooth Brexit.
My right hon. and learned Friend touches on a very important principle. I hope that I will be able to give him satisfaction on that precise point later.
Having dealt with the technical scope of the power and some illustrations of the scale of what it is going to be used for, and before I address the timing issues, I want to touch on the limitations and parameters—
I will give way to my right hon. Friend later. If she will just be patient, I want to make a bit of progress, given the time available.
It is worth looking very carefully at the limitations and parameters constraining the exercise of clause 9. It can only be used to implement the withdrawal agreement, and even then subsection (3) makes it clear that it cannot be used to levy taxation, to make retrospective provision, to create relevant criminal offences, or to repeal or amend the Human Rights Act 1998. Paragraph 6 of schedule 7 further requires the affirmative procedure in a whole range of scenarios, from the establishment of new public authority functions to the imposition of any fee exercised by any such authority. Critically—I am not sure that all hon. Members have picked this up—the power endures only until exit day. Its operation is shorter than that under clause 7. On the Government’s current expected timetable, it would, in practice, be used for only about six months, so it is not the open-ended power that some have suggested.
In addition, the Government have accepted the amendments tabled by my hon. Friend the Member for Broxbourne (Mr Walker) to establish a sifting committee to advise on the scrutiny procedures used for secondary legislation under the Bill. That will apply to this clause. That is on top of the Government amendment tabled last week that mandates Ministers to provide explanatory material for all the statutory instruments made under the principal powers of the Bill. We are listening. We are committed to making sure that Parliament plays a crucial role—a fully transparent scrutiny role—in the exercise of clause 9.
In sum, the power under clause 9 is required to legislate domestically for the large number of more technical separation issues that must be settled in time for exit day if we are to have the smooth Brexit that, whether we voted leave or remain, we all agree is crucial from here on in. The regulations—
I will just finish this point before I finally give way to my right hon. Friend, who has been very patient.
The regulations will be subject to the established methods of parliamentary scrutiny, with additional scrutiny provided by the new sifting committee. This is a time-limited and constrained power, but it is also an important power to help us to prepare for a smooth Brexit.
Will my hon. Friend confirm that the Bill was drafted before the general election on 8 June? If I am wrong about that, could he please tell us when the Bill was drafted?
(7 years ago)
Commons ChamberAs I have made clear, we will publish a memorandum containing article-by-article analysis of the charter and how the substantive underpinning rights at the point at which it is codified can be reflected in UK law. I am happy to continue the dialogue with my right hon. and learned Friend the Member for Beaconsfield and my right hon. Friend the Member for West Dorset if they believe that any rights have been missed out.
I think that this is probably the right moment to deal with amendment 151, which was tabled by the right hon. Member for East Ham (Stephen Timms), and which relates to the protection of personal data.
I am going to make a bit more progress, but I will give way shortly.
The amendment relates to privacy and protections, an issue that has been mentioned by a number of Members on both sides of the Committee. I suggest to the right hon. Gentleman, respectfully and humbly, that the amendment is not necessary. It is not required because the Data Protection Bill will set high standards for protecting personal data, linked to the general data protection regulation. We will continue to maintain the highest standards of data protection after we leave the European Union. The Bill will also preserve in domestic law existing EU fundamental rights, including data protection rights and underlying case law, which were already part of EU law before the charter came into force. Individuals in the UK will continue to have access to well-established domestic and international mechanisms to bring their cases and obtain appropriate remedies, whether in Strasbourg or under the Human Rights Act, when they consider that their rights have been breached. That includes the right to seek a judicial remedy against data controllers or processers.
(10 years, 1 month ago)
Commons Chamber14. What steps he is taking to reduce the number of legal claims against his Department.
The Ministry of Defence conducts a wide range of activities, many of them inherently dangerous, and faces many legal claims arising from them. It is an absolute priority that when we accept liability, we get on and settle the case, and, equally, that when we resist it, we do so with vigour.
Does the Minister agree that human rights reform should include curtailing the jurisdiction of the Strasbourg Court, which, by expanding in unprecedented ways human rights on to the battlefield, where international humanitarian law already applies, has created legal confusion and operational distractions, and diverted precious public money away from investment in our troops?
I absolutely agree with my hon. Friend. It is completely lost on me as to why the European Court of Human Rights should be involved, when, as he says, there is already international humanitarian law and, of course, the Geneva convention, both of which are tried and tested. That is how we make sure that things are done properly; we do not need the ECHR in this respect at all.
(10 years, 8 months ago)
Commons Chamber11. What steps he is taking to strengthen the armed forces covenant.
We continually review areas where we can make a difference, from home purchase schemes and health care to transition and increased pupil premiums in schools, and our approach is making a difference right across the armed forces community. Upholding the covenant is not a matter just for the Government; it is the responsibility of the whole of society. Charities, employers, local authorities and individuals are all asked to recognise members of the armed forces community and give them the respect, support and fair treatment that they so richly deserve.
A 2012 survey showed that one in five of our armed forces received abuse back home, and 6% were victims of violence. I do not think we need to legislate for new offences, but is my hon. Friend satisfied that the police properly investigate all allegations, and has she considered with other Government colleagues the case for raising the sentence for criminal violence harassment where it deliberately targets serving British troops?
As my hon. Friend will know, different offences relating to violence have different sentences attached to them. I do not think there is a case for raising those sentences overall, and the sentencing guidelines make it clear that if somebody is assaulted by virtue of their being in the armed forces, that is clearly an aggravating feature and as a result, in simple terms, the perpetrator receives a higher sentence—and rightly so.
(11 years, 2 months ago)
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I do not agree. I do not know about my hon. Friend, but I write to all my schools. In truth, I do not have that many schools, so there are not that many letters. A letter from a Member of Parliament to all their schools and to their health and wellbeing board could be very powerful. I am more than happy to talk to my colleagues in the Department for Education, but I am not sure that a letter to cabinet members will have any weight.
I am going to run out of time. Unless my hon. Friend is very quick, I do not see how I can respond.
I thank the Minister for giving way. The whole point of this debate is to try to get central Government to co-ordinate with local government. We are not talking about forcing local government, but we are talking about urging local government to do something through its internal mail system. Will she give that further consideration and perhaps meet me and the HeadSmart campaign?
Yes. That is a brilliant idea, and I am more than happy to do it, especially as I have only six seconds left. Seriously, though, between us all we can find a way to ensure that we all get what we want.
Question put and agreed to.