Oral Answers to Questions

Debate between Baroness Chapman of Darlington and Robin Walker

Thursday 9th March 2017 Commons Chamber

[Mr Walker]

The common travel area is of benefit to the whole UK, including Scotland. The people of Scotland voted decisively less than two years ago to remain part of the UK, and we should all work together to make this process a success for the United Kingdom.

[Jenny Chapman (Darlington) (Lab)]

It is reassuring to hear the Minister’s words on this issue. He will know the level of concern across this House and out there in the country. If he has not read it, I recommend to him the recent House of Lords report, page 63 in particular, which states that we cannot assume that this matter will become part of the article 50 negotiations. If that does not happen, he must act quickly to reassure the people of Ireland and the UK and ensure that it is done either as part of the article 50 negotiations, or that it happens in time, because certainty is needed more than anything in Northern Ireland.

[Mr Walker]

The hon. Lady is right that we need to do everything we can to provide certainty, and we will take on board the suggestions of the House of Lords report. However, I welcome the statements we have seen from the Commission showing that it is taking a strong interest in this subject.

European Union (Notification of Withdrawal) Bill

Debate between Baroness Chapman of Darlington and Robin Walker

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

[Mr Walker]

The House voted for a programme Order, and that programme Order has been followed by the Chair.

We have not yet made final decisions about the format for direct negotiations with the European Union. That is a matter for the Prime Minister, representing the interests of the whole United Kingdom. Moreover, it is important to recognise that there are two sides to the negotiation, and we cannot say for certain how our side will progress until we know how the EU side will approach it. In the context of amendments 46, 55 and 88 and new clause 140, it is important to note that Supreme Court ruled—I quote from the summary—

“Relations with the EU and other foreign affairs matters are reserved to UK Government and parliament, not to the devolved institutions.”

The summary went on to state:

“The devolved legislatures do not have a veto on the UK’s decision to withdraw from the EU”.

While that provides welcome legal clarity, it in no way diminishes our commitment to working closely with the people and the devolved Administrations of Wales, Scotland and Northern Ireland as we move towards our withdrawal from the European Union.

I have made it clear that the Government will negotiate on the right approach for the whole United Kingdom. I pay tribute to the hon. Member for St Helens North (Conor McGinn), who made a passionate speech, and to the hon. Member for Foyle (Mark Durkan). They made important points about the significance of the Belfast agreement and its successors. I must emphasise to them that the position of the UK Government remains unchanged. Our absolute commitment to those matters is reflected in our White Paper, which mentions the Ireland Act 1949, as well as a commitment to the common travel area and our bilateral relations with the Republic of Ireland. While I accept all the points that the hon. Member for St Helens North made so well about the importance of respecting those agreements, I can assure him that the Government respect them, and I do not think that his new clauses are necessary.

We have heard a range of suggestions from Members on both sides of the House about how to engage the devolved Administrations and, indeed, every part of our United Kingdom. The Government will continue to do that through the JMC process, which is firmly established and which functions on the basis of agreement between the UK Government and the devolved Assemblies. We have also heard suggestions for huge constitutional reforms which are beyond the scope of the Bill. New clause 168 proposes that the Government establish a national convention on exiting the European Union. Amendment 91 requires a duty to consult representatives at every level of government, regions and the sectors.

I have already spoken about the role of the JMC, and Ministers throughout the Government are organising hundreds of meetings, visits and events involving businesses in more than 50 sectors across the United Kingdom. They are consulting a number of representatives, including the Mayor of London, who is mentioned in some of the amendments. New clause 168 would get in the way of those established processes, and the idea of a national convention would cause unacceptable delay to a timetable that the House has clearly supported.

We are committed to engaging closely with the devolved Administrations and all parts of the country to secure a deal that is in the best interests of the whole United Kingdom. However, as the Supreme Court ruled, relations with the EU are not a devolved matter, and no part of the UK is entitled to a veto. I urge Members not to press their new clauses and amendments, so that the Bill can make progress in the interests of the United Kingdom as a whole.

[Jenny Chapman]

The Minister opened his remarks by saying that the JMC was not on a statutory footing. That is precisely the point of our new clause. He has given us warm words and platitudes about his respect for the devolved Administrations, but I am afraid they are not enough, and we will press the new clause to a Division.

UK Exit from the European Union

Debate between Baroness Chapman of Darlington and Robin Walker

Monday 17th October 2016 Westminster Hall

[Mr Walker]

No; I think the hon. Gentleman has had plenty of opportunity to speak already.

In terms of Parliament’s involvement—this is important; the hon. Member for Darlington rightly challenged us to make sure Parliament has an important role to play—we had an excellent debate last Wednesday, in which there was wide agreement that parliamentary scrutiny will play an important role in this process. I welcome the Opposition’s acceptance of the Government’s amendment, which made it clear that we should come forward, engage with the House and listen to the views of the House, but also ensure that we do nothing to prejudice the Government’s negotiating position—if I can paraphrase it that way. That was a sensible compromise in the debate last week.

As hon. Members will be aware, the Government’s position is that triggering article 50 is a prerogative power that can be exercised by the Government. My hon. Friend the Member for Morley and Outwood (Andrea Jenkyns) spoke about her work in the campaign to let Britain decide, and that is certainly a campaign I recognise. Even though I ended up on the remain side of the argument, I voted early on in my career for the British people to have their say through a referendum. Trusting the people has been a key part of the Government’s policy and the right approach to take. It is notable that the European Union Referendum Bill achieved cross-party support and passed through both Houses—I think by six to one. Parliament was clear, as were the Government, that it was for the people to decide whether to remain in the European Union or to leave, which the Government’s leaflet set out clearly, as my hon. Friend the Member for Sutton and Cheam pointed out.

However, Parliament will clearly have a role in ensuring we find the best way forward. The Department for Exiting the European Union will consider the detailed arrangements to provide for that. We have already enjoyed a number of excellent debates in both this Chamber and the main Chamber. While I am grateful to the hon. Member for Glasgow North (Patrick Grady) for his suggestion that this Chamber be renamed, I think it might be early in the day for that.

[Jenny Chapman]

I am grateful to the Minister for his response to my query about the role of Parliament, but he is still being rather vague. He has said that his Department will come back with some more clear ideas about how Parliament will be involved. When should we expect that?

[Mr Walker]

My right hon. Friend the Secretary of State has set out that he is approaching the usual channels to ask how that can be done. We have had some queries about Government time. We would certainly like to look into that and see how it can be dealt with. I am about to come to the important role of the European Communities Act 1972 repeal Bill and the role Parliament will have to play in that. It is clear from the cross-party views expressed in last week’s debate that Parliament has an important role to play in scrutiny as we prepare for this process.

The second largest petition we are dealing with today calls for the immediate repeal of the European Communities Act 1972. The Prime Minister and the Secretary of State for Exiting the European Union have set out that we will introduce primary legislation in the next parliamentary Session that, when enacted, will repeal the European Communities Act 1972 on the day we leave the European Union. The Bill will transfer current EU law into domestic law, while allowing for amendments that ensure we have a functioning statute book at the point at which we leave the European Union.

Repealing the ECA now, as some have suggested—although nobody has suggested it in this debate—without having a withdrawal agreement in place would simply not work. It would be a breach of international and EU law to withdraw unilaterally from the EU. Such a breach could create a hostile environment in which to negotiate either a new relationship with the remaining EU member states or new trade agreements with non-EU countries. We are clear, therefore, that while ECA repeal is a necessary part of the process, it should be consequent to the legally correct article 50 process.

The hon. Member for Great Grimsby (Melanie Onn) mentioned her proposed Bill on workers’ rights. We will need to engage with that at the appropriate time, but I direct her to the clear statement from the Secretary of State on 10 October, in which he said:

“I have given an undertaking that there will be no reversal of the protection of workers’ rights, as has the Prime Minister. Indeed, she has gone beyond that and said that there will be an expansion of that protection.”—[Official Report, 10 October 2016; Vol. 615, c. 66.]

The Prime Minister has set out the ambition of enhancing the workers’ rights we have. We will come to debate the Bill proposed by the hon. Member for Great Grimsby at the appropriate time, but we should certainly ensure we enshrine those rights as we move forward in this process.

[Mr Walker]

Whenever a Bill is put before Parliament, there is an opportunity for further debate about the premises of that Bill, but the Government’s intention in this process is to translate the existing body of law. The advice we have taken to date, which is not necessarily the final advice, is that European Court of Justice jurisprudence would continue to apply in domestic law unless or until it is overturned following withdrawal. I hope that provides the hon. Lady with some assurance. We will debate that issue at another time.

Free movement was one of the key issues debated in the EU referendum. I recognise the point made by the hon. Member for Darlington that we cannot necessarily read into the result of the referendum every possible interpretation. I also welcome her statement that the Labour party wants to engage in this debate. That represents significant progress from where we have sometimes been in the past. As the Secretary of State and the Prime Minister have made clear, as we conduct our negotiations, it must be a priority to regain more control of the number of people who come here from Europe. The precise way in which the Government will control the movement of EU nationals is yet to be determined, and we are carefully considering the options open to us.

I recognise many of the views expressed today. My hon. Friend the Member for Sutton and Cheam made it clear that we will want to continue to attract the brightest and the best. In my own Department, we have plenty to keep us occupied and to be working on. This will not be our decision in isolation. The whole range of Government, including other Departments such as the Home Office and the Treasury, will want to look at this, and we will want to come up with a system that works.

As the Prime Minister has said, there is no single silver bullet that is the answer to dealing with immigration. We have to look at the whole range of issues, from the rules we have for people coming into the country to how we deal with abuse of the system. That will be an important part of our considerations.

[Jenny Chapman]

While the Minister is on the topic of immigration, has his Secretary of State enabled him to say anything about EU nationals currently resident and working here?

[Mr Walker]

I will reiterate what the Secretary of State has said: it is absolutely his intention to secure the rights of EU nationals who are currently working here, but we must also secure the rights of British nationals working in the EU. That will be a priority as we go into the negotiations. I can reassure Members that Parliament will continue to have a very important role in scrutinising this and the Government’s further policies on immigration.

Finally, I come to the idea of having a new bank holiday called independence day. There have been a number of references to the film of that name. Alas, I am afraid that the Government have no current plans to create another permanent UK bank holiday. Tempting though it might be, an independence day would face fierce competition from the likes of Saint George’s day, Trafalgar day and many more. Within this context, it is hard to commit to 23 June over its many rivals. Unfortunately, it is just too costly, in the view of the Department for Business, Energy and Industrial Strategy, to introduce another holiday at this stage. When that Department analysed the impact of an additional holiday for the diamond jubilee, it was found to cost employers more than £1 billion.

We had questions from two Northern Irish colleagues—the hon. Members for South Down (Ms Ritchie) and for Foyle—about the position of the UK Government with regard to the Good Friday agreement, or Belfast agreement, and subsequent agreements of that sort. That is not the subject of this debate, but I refer them to the detailed evidence that the Secretary of State for Northern Ireland and I gave to the House of Lords EU Select Committee last week. I assure the hon. Member for Foyle that the UK Government stand by all their commitments under the Good Friday agreement and subsequent agreements. I have been out with the Secretary of State to the Republic of Ireland, where we had very good and useful talks on a number of matters of shared interest. I assure the hon. Gentleman that we will continue to work as closely as we can with the devolved Administrations and our friends in the Republic of Ireland.

To sum up, I reassure Members that the Government are committed to getting the best deal for Britain, and that the Department is working hard to develop our negotiating position as we prepare to commence the formal process of exiting the EU. Our instructions from the British people are clear, and we must move ahead. This debate has provided a valuable opportunity to discuss some of the issues and the process, but what is most important is that we make a success of our negotiations. I welcome the role that this debate will play in supporting that. As my hon. Friend the Member for Sutton and Cheam said, we must create certainty for businesses and investors as we go through this process, and I am confident that we will continue to do that.