Debates between Barry Gardiner and John Bercow during the 2017-2019 Parliament

Thu 26th Sep 2019
Tue 23rd Apr 2019
Tue 17th Jul 2018
Trade Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons
Wed 23rd May 2018
Points of Order
Commons Chamber

1st reading: House of Commons & 1st reading: House of Commons

International Climate Action

Debate between Barry Gardiner and John Bercow
Thursday 26th September 2019

(5 years, 1 month ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Order. Before I call the shadow Secretary of State, it might be helpful if I indicate an intention to move on at 1.50 pm.

Barry Gardiner Portrait Barry Gardiner (Brent North) (Lab)
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I thank the Secretary of State for advance sight of her statement.

The climate emergency is worse than we feared. Yesterday, the Intergovernmental Panel on Climate Change published its special report on oceans and the cryosphere, which set out the danger starkly. Sea levels threaten nearly 1 billion people who live in low-lying coastal regions, and tipping points in the permafrost could release hundreds of billions of tonnes of carbon. The report makes it clear, yet again, that we must do everything to reduce emissions as fast as possible to limit global warming to 1.5°, beyond which climate breakdown will be catastrophic.

The purpose of the UN climate action summit was to spur on greater climate ambition towards that aim, but none of the world’s large polluters met the challenge. China, India and the EU were all unable to announce tougher nationally determined contributions. Brazil and the USA refused even to turn up. Our country must step forward to fill that vacuum of political leadership on the world stage.

The UK’s commitments at the summit need close scrutiny. The new Ayrton fund that the Government have announced allocates £1 billion to help British scientists and innovators create new clean technology. That is great, but the funding has come from the aid budget. We should not siphon off overseas development assistance to spend on UK universities and firms. They should be funded by non-ODA finance, so will the Secretary of State explain why the funding diverts precious resources from mitigation in climate-vulnerable nations? If she claims that the money is classified as aid because it will help export clean technologies to the developing world, perhaps she can today commit to following Labour’s lead and pledge to provide to the citizens of the global south free or cheap access to green technologies that we develop here.

The Government’s pledge to double international climate finance, while welcome, also raises questions. Will the Secretary of State confirm that that money will be disbursed predominantly through grants rather than loans, which unfairly saddle the poorest nations with debt to pay the costs of a problem they did little to cause? Climate change is already wreaking hundreds of billions of dollars worth of damage on those communities. Will she commit to devoting any of the resources to covering loss and damage caused by climate disasters? After all, the Government perpetuate the fossil fuel economy for the poorest nations abroad, completely undermining our international climate finance. From 2013 to 2018, UK Export Finance gave £2.6 billion in export support to the energy sector, of which 96% went to fossil fuel projects, overwhelmingly in low and middle-income countries. Will she therefore commit today to ending taxpayer support for fossil fuels abroad, as so many other countries have done?

What we do abroad matters more than ever. The UK is hosting the UN climate conference, COP 26, in Glasgow next year. It is the most important climate summit since the Paris agreement. The right hon. Member for Devizes (Claire Perry) is president of COP 26, but COP presidents are normally Ministers in their Governments, and she has indicated her intention to stand down at the next general election. I therefore ask the Government what staffing resources the office of the COP president will be provided with; how much funding the Government intend to provide for COP 26 preparations; what regular reports the COP president will be able to give to Cabinet; and what objectives the COP president has been set by the Cabinet.

Those resources must be provided because at COP 26 we will need to use our diplomatic leverage to persuade other nations to bring forward much tougher NDCs. I am deeply concerned that staffing levels are inadequate. In 2009, under the Labour Government, the Foreign Office had an army of climate staff 277-strong. Seven subsequent years of austerity halved that. When the Prime Minister was Foreign Secretary, the number of officials working full-time on climate change fell to 55. Do the Government intend to restore the workforce to levels last seen a decade ago in recognition of the diplomatic resource that is now required to support the agenda of a UK-led COP 26?

The failures of the UN climate action summit raise the stakes of COP 26 so much higher. We cannot afford for the talks, or those at COP 25 in Chile, to stumble. The issue of climate breakdown is far greater than the party-political divides that afflict this Parliament, and I urge all Members to find common ground in the pursuit of a healthy and stable climate. In that spirit, I make an offer to the Secretary of State: I and my colleagues in the Labour party are fully committed to doing everything we can in a cross-party manner to ensure that COP 26 delivers the highest possible ambition.

Arms Export Licences (Saudi Arabia)

Debate between Barry Gardiner and John Bercow
Thursday 26th September 2019

(5 years, 1 month ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

John Bercow Portrait Mr Speaker
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Enviable eloquence, to be equalled by breathtaking brevity—Mr Barry Gardiner.

Barry Gardiner Portrait Barry Gardiner (Brent North) (Lab)
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Indeed, Mr Speaker.

The Government did know; they just did not tell the Department for International Trade. Which Department knew? Which Minister had the responsibility to tell the Secretary of State, and why are they not sitting alongside the right hon. Lady, making an apology to Parliament?

The evidence presented during the court proceedings earlier this year and the recent revelation prove that the Government have failed to abide by their own undertaking. On two occasions since the Court of Appeal’s verdict, licences have been awarded in contravention of the determination precisely because a careful assessment was not carried out. Will the Secretary of State explain why the reports in 2015—the widespread reports that Saudi troops had been deployed on the ground and were leading the co-ordinated efforts of coalition forces in Yemeni territory—were not properly investigated and assessed by her Department? I note her letter to the Committees on Arms Export Controls; the inference is that no such investigation had ever been carried out.

The previous Secretary of State, the right hon. Member for North Somerset (Dr Fox), advised that potential breaches were monitored in a number of ways, one of which was through on-the-ground military and diplomatic staff and our positive close relations with Saudi Arabian officials. The Saudi Arabian officials must have known that their country’s troops were on the ground, so why was that not communicated in the close positive relations that our staff had with them?

I welcome the fact that the Secretary of State has launched a full inquiry, but it will not have escaped her notice that the arms export fair took place in London just a short while ago. Some £6.3 billion of arms have been exported to the coalition by this Government— £5.3 billion-worth to Saudi Arabia. What further deals were done there? The Secretary of State has said that it is possible that more illegal deals may have taken place, but does she actually think that instead of it being possible, it is highly probable?

Climate Action and Extinction Rebellion

Debate between Barry Gardiner and John Bercow
Tuesday 23rd April 2019

(5 years, 7 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

John Bercow Portrait Mr Speaker
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Well, if she does not blow it, it may well be that nobody else will blow the trumpet. It is perfectly right that we offer her the warmest congratulations on that new acknowledgement.

Barry Gardiner Portrait Barry Gardiner (Brent North) (Lab)
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I commend my right hon. Friend the Member for Doncaster North (Edward Miliband) for his timely question.

The right to protest is one of the foundations of our freedom. From the Chartists to the suffragettes, and from the civil rights movement to the anti-apartheid campaign, all those victories were won by citizens uniting against injustice and making their voice heard. Extinction Rebellion and the school climate strikers are doing just that. I, too, thank the police for the way they have policed the demonstrations: on the whole, they have done so with good humour. I was delighted to meet the demonstrators at Marble Arch yesterday and I thank them for speaking the truth.

Many of us listened to Greta Thunberg earlier today. She spoke about truth—the truth that we are in the midst of an ecological and climate emergency. She also spoke about our refusal—our fear—to acknowledge the truth that stopping this catastrophe requires a complete rethink in the way we run our economy, so that GDP growth is no longer the touchstone. We are on track for catastrophic levels of global warming, yet in the UK we pride ourselves on the 40% reduction in emissions that we say we have achieved on 1990 levels, while achieving a 72% increase in GDP. But the truth is out there. Schoolchildren are teaching it to us. Those figures do not include aviation or shipping emissions. They do not include our imports, our exports and they have largely come from the clean power directive in the European Union, which forced us to announce an end to coal-fired power stations. That is why thousands of our schoolchildren are on climate strike: they know that we are not acting with the speed and seriousness that the climate emergency demands.

Therefore, I ask the Minister: will she listen to the voice of Extinction Rebellion and of our own children? I echo the call from my right hon. Friend the Member for Doncaster North: will she join my party in declaring a national environmental and climate emergency and commit to bringing forward the Government’s response to the Committee on Climate Change’s recommendations, which will be published shortly, to achieve net zero urgently? Will she do more to engage with the public in tackling the climate crisis, because it is clear that our citizens need to be in the driving seat for a sustainable future? Will she work with Treasury colleagues and the Bank of England to address what Mark Carney has identified as climate-related financial risks and make the emissions curve and natural capital the key elements of our future economic viability? We know that, however disruptive the climate demonstrations may have been in this past few weeks to businesses, they pale into insignificance against the capacity of climate disasters to wipe out human prosperity and human life itself.

Oral Answers to Questions

Debate between Barry Gardiner and John Bercow
Tuesday 19th March 2019

(5 years, 8 months ago)

Commons Chamber
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Barry Gardiner Portrait Barry Gardiner (Brent North) (Lab)
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Fifty per cent. of Europe’s tidal and 35% of its wave energy resource are in UK waters, but the Government have still not provided the marine renewables industry with a secure route from experimental phase through to demonstrator phase through to full commercial development. Recent research from the Offshore Renewable Energy Catapult shows that revenue support could enable marine renewables to create up to 50,000 new jobs and dominate more than 30% of a global market estimated at £76 billion by 2050. Does the Minister accept that the contract for difference auctions are not an adequate mechanism to support emerging technologies such as marine renewables at this stage in their development, and will she take action to provide a competitive funding pool in the energy White Paper to support the UK’s innovative marine technologies and enable the UK to gain its rightful share of this exciting global market?

John Bercow Portrait Mr Speaker
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I hope that the hon. Gentleman’s thesis will be peer-reviewed.

Points of Order

Debate between Barry Gardiner and John Bercow
Thursday 21st February 2019

(5 years, 9 months ago)

Commons Chamber
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Barry Gardiner Portrait Barry Gardiner (Brent North) (Lab)
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On a point of order, Mr Speaker. Item 4 on the list of written ministerial statements for today is about the continuity of trade deals. It would have been extremely helpful to have had that written ministerial statement before the debate that is about to take place, and I deeply regret that it has not been made available by the Department for International Trade. This is the second time that such an omission has been made, and I wonder whether there is anything that we can do to ensure that in future, such a lackadaisical approach does not happen.

John Bercow Portrait Mr Speaker
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The hon. Gentleman has made his point in his own way. I must say, on a personal basis, that I have always found the Secretary of State the very embodiment of courtesy. It does seem to me that if it was a deliberate decision that the written ministerial statement would appear later, that is less than considerate to the House as it embarks on this debate. If it was inadvertent, that is unfortunate and perhaps rather inept, but it certainly should not happen again. Whether the statement can be made available fairly quickly, so that Members could at least consult it in the course of the debate, I do not know. It is a regrettable state of affairs, but hopefully there will not be a recurrence.

Antisemitism in Modern Society

Debate between Barry Gardiner and John Bercow
Wednesday 20th February 2019

(5 years, 9 months ago)

Commons Chamber
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George Howarth Portrait Mr George Howarth (Knowsley) (Lab)
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Would my hon. Friend, who invoked the national executive committee of the party, of which I am a member, like to give way?

John Bercow Portrait Mr Speaker
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If the hon. Gentleman wants to take the intervention, we will then hear the content of it. Does he wish to do so?

Barry Gardiner Portrait Barry Gardiner
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I will, of course, take, as I said before, one final intervention.

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Barry Gardiner Portrait Barry Gardiner
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I am not taking any more interventions, as I said.

It is only through education that we will protect future generations from falling into these insidious falsehoods—[Interruption.]

John Bercow Portrait Mr Speaker
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Mr Ivan Lewis, calm yourself, young man. I am sure what you are saying is absolutely fascinating—riveting stuff—but we would prefer to hear you on your feet in due course, rather than from your seat. Do the Front Bencher the courtesy of hearing him.

Barry Gardiner Portrait Barry Gardiner
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It is only through education that we will protect future generations from falling into insidious falsehoods and conspiracy theories. I had the privilege of hearing Gena Turgel, the holocaust survivor who was known as the bride of Belsen, speak to a group of children at JFS school a few years ago. She was the most wonderful, humane and powerful voice, educating successive generations about the horrors of antisemitism. I simply record with sadness her passing since our previous debate on antisemitism in this Chamber last year.

Those horrors are not yet a distant memory. Our colleague Lord Alf Dubs was one of the children who came to this country as part of the Kindertransport, which brought 10,000 Jewish children to safety in Britain. Alf’s work, both at the Refugee Council and in setting up safe passage for refugee children today, is just one example of the legacy that survivors have bequeathed to this country.

It is now 80 years on from Kristallnacht and we must amplify the voices of people like Alf, Gena Turgel and other holocaust survivors as they share their stories and educate the next generation. The holocaust happened. It counts as one of the greatest crimes in human history. This January, in Bushey, I was with the Secretary of State when 1,200 mourners attended the burial of those six unknown Jews—five adults, one child—murdered at Auschwitz. Chief Rabbi Ephraim Mirvis spoke powerfully at the funeral, saying:

“We need a strong reminder such as this to let us know what can result, even within a democratic society, what can result if anti-Semitism, if racism and xenophobia, go unchecked.”

Looking around the world, it is clear that to tackle this evil we must adopt an internationalist approach. A survey published by the European Union in December found that almost nine out of 10 European Jewish people feel that antisemitism has worsened in their respective countries over the past five years. Right-wing nationalist politics continues its forward march, with devastating consequences for minority communities. In France, the torching of synagogues and assaults on Jewish people on the Metro have resulted in thousands of Jewish people leaving for Israel.

The horrendous mass shooting of Jewish congregants at the Pittsburgh Tree of Life was the deadliest attack on the Jewish community in American history, and watching far-right protesters in Charlottesville chant “The Jews will not replace us” was quite simply chilling.

Last year, the Polish Government introduced legislation that reads:

“Whoever claims…that the Polish Nation…is responsible or co-responsible for Nazi crimes committed by the Third Reich…shall be liable to a fine or imprisonment for up to 3 years.”

That is an attempt to whitewash the holocaust.

Viktor Orbán’s Government in Hungary has deployed antisemitic rhetoric, and their campaign against George Soros has invoked obvious antisemitic tropes. I shall not talk about the support that the Hungarian Government received in the European Parliament, because the Secretary of State set the tone for the debate, which is that antisemitism is something that we need to tackle from every corner of this Parliament.

I thank all colleagues from all parties who are here to express their solidarity with the Jewish community. To all who may be listening and paying attention, I would like to say something very clearly: when Jewish people express their concerns about antisemitism, regardless of their background, their beliefs or where they sit on the political spectrum, they must be listened to. Their anxieties are genuine—they are real—and they should be a cause of concern for every person, for every socialist and for every anti-racist in this country. In this place, we create laws to solve the fundamental question of how, with all our differences, we can live together.

I wish to conclude by reading the words of one of Israel’s greatest poets, Yehuda Amichai. He said:

“Once I sat on the steps by a gate at David’s Tower, I placed my two heavy baskets at my side. A group of tourists was standing around their guide and I became their target marker. ‘You see that man with the baskets? Just right of his head there’s an arch from the Roman period. Just right of his head.’ ‘But he’s moving, he’s moving!’ I said to myself: redemption will come only if their guide tells them, ‘You see that arch from the Roman period? It’s not important: but next to it, left and down a bit, there sits a man who’s bought fruit and vegetables for his family.’”

Once we can stop seeing the race, the religion, the colour of the skin, and to see through the man or the woman, perhaps we will rid our world of antisemitism, wherever it is found.

Points of Order

Debate between Barry Gardiner and John Bercow
Wednesday 6th February 2019

(5 years, 9 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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The right hon. Gentleman is a bit like me; he likes to have the last word. [Interruption.] The hon. Member for Wellingborough (Mr Bone) is a precious delicacy in the House, and we should not squander him too early. I will come to him.

Barry Gardiner Portrait Barry Gardiner (Brent North) (Lab)
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On a point of order, Mr Speaker. It has been widely reported that the Secretary of State for International Trade has advised industry representatives that he proposes to introduce measures in the event of a no-deal Brexit to reduce all import tariffs on goods to zero. The impact of that in job losses in our manufacturing and farming industries would be enormous. It would also undermine the Government’s much vaunted ambition to negotiate new trade deals by giving away what other countries would happily bargain access into their own markets to obtain. Have you, Mr Speaker, received any indication from the Government that a Minister is preparing to make a statement to this House on such a far-reaching and important matter?

John Bercow Portrait Mr Speaker
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No, not as yet, but who knows what is to follow. We live in hope. The hon. Gentleman’s grinning countenance suggests that he is satisfied with his efforts for now.

Points of Order

Debate between Barry Gardiner and John Bercow
Monday 3rd December 2018

(5 years, 11 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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First, I recall the hon. Gentleman’s inquiry. I would not have been able to pinpoint the date—I advise those attending to our proceedings outwith the Chamber—as I do not have that level of anorakish recall of his parliamentary contributions, but I do recall the fact of the question being put. It made an impression on me, as does so much of what he says. Secondly, as a matter of principle, the Foreign Secretary ought by now to have replied to a request of that date—if it was of that date—from the hon. Gentleman. Thirdly, as a matter of practicality, I say that it is somewhat unwise for a Minister—in this case, apparently, the Foreign Secretary, an extremely experienced and dextrous, as well as courteous, parliamentarian—not to have replied to the hon. Gentleman by now, for failure to provide one was bound to invite excoriation. The Foreign Secretary will now be on the receiving end of that as soon as he learns of the hon. Gentleman’s point of order. I hope that on all three counts I have brought some happiness into his life.

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John Bercow Portrait Mr Speaker
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I will come to the Front-Bench spokesperson first, but we must try to bring matters to a close shortly.

Barry Gardiner Portrait Barry Gardiner
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On a point of order, Mr Speaker. I would like to raise a point of order regarding a response I received from the Minister for Energy and Clean Growth at the last Business, Energy and Industrial Strategy oral questions. I asked the Minister why a roundtable with all the key fracking companies that she held on 21 May had not been declared on the transparency register. In response, she claimed that her officials did not disclose the meeting of 21 May because

“the ministerial code does not require Ministers to disclose meetings that they drop in on, as opposed to host in their office”—[Official Report, 20 November 2018; Vol. 649, c. 715.]

I have searched the ministerial code and can find no reference to a difference in disclosure requirements such as the Minister suggests.

It would also appear that the Minister’s involvement in the meeting may not have been as casual as she suggested. During a Westminster Hall Debate on 10 July 2018, the Minister in fact claimed:

“I did hold a very effective shale industry roundtable”—[Official Report, 10 July 2018; Vol. 644, c. 284WH.]

A freedom of information request querying the nature of that roundtable received a letter in response where the Department stated that this was indeed

“the Shale Roundtable that the Minister of State hosted on 21st May 2018”.

By the Department’s own admission, this was a meeting the Minister had hosted, rather than dropped in on. The agenda of the meeting was also released under the FOI request. It reveals the extent to which the Minister was present. The roundtable began at 1 pm and finished at 2.35 pm, lasting 95 minutes, and the Minister was present for at least 70 minutes. I contend that this would not, in any reasonable opinion, constitute dropping in on a meeting. I seek your advice, Mr Speaker. Has any request come from the Minister seeking an opportunity to come before the House to correct the record?

John Bercow Portrait Mr Speaker
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I am grateful to the hon. Gentleman for his point of order. The short answer is that, as far as I am aware, no request has been made by the Minister concerned or any other Minister to make a statement of correction or other statement on this matter. If a Minister believes that he or she has erred, it is not just open to that Minister to correct the record, it is incumbent upon him or her to do so. I have received no such indication. The hon. Gentleman is a versatile and experienced parliamentarian and can pursue this matter further, if he so wishes, in a variety of ways, whether in correspondence or through questions, but not further tonight by this mechanism.

Point of Order

Debate between Barry Gardiner and John Bercow
Thursday 13th September 2018

(6 years, 2 months ago)

Commons Chamber
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Barry Gardiner Portrait Barry Gardiner (Brent North) (Lab)
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On a point of order, Mr Speaker. At 9.55 this morning, ensuring it was then too late to question the Secretary of State at International Trade questions, his Department released a written statement saying it was concerned about breaches of export controls and the conduct of licence applicants. We have been challenging this Government for many months to tighten export controls in relation to military and dual-use goods in Saudi Arabia, Honduras and the Philippines. Is it not discourteous to this House to deny Members the opportunity to question Ministers on which companies have given rise to concern and which country destinations are suspected of illegitimate use? Have you, Mr Speaker, received any request from Ministers to come to this place and allow a proper discussion of these disturbing matters? There is now a three-week recess and many will feel that what I have referred to as a discourtesy is in fact an outrage.

John Bercow Portrait Mr Speaker
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The short answer to the hon. Gentleman is yes, it is discourteous, and it is highly regrettable that Members have not had the opportunity to question Ministers about this important matter. It would have been open to the Government to make an oral statement to the House and it might have been judged seemly for that to have happened, so I share the hon. Gentleman’s sense of unease and disappointment, to put it mildly, that we find ourselves in this situation, but unless an oral statement is volunteered there is no immediate remedy. Knowing the hon. Gentleman as I do—he and I came into the House together 21 years ago—I know that he is nothing if not persistent, and he will seek to use the Order Paper and the opportunities presented in the House upon our return fully to probe the Government on this subject. I am sorry that that will have to wait for some time, but his opportunity will come if he is patient.

Trade Bill

Debate between Barry Gardiner and John Bercow
3rd reading: House of Commons & Report stage: House of Commons
Tuesday 17th July 2018

(6 years, 4 months ago)

Commons Chamber
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Barry Gardiner Portrait Barry Gardiner (Brent North) (Lab)
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I beg to move, That the clause be read a Second time.

John Bercow Portrait Mr Speaker
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With this it will be convenient to discuss the following:

New clause 21—Right of devolved authorities to appoint negotiators

“(1) Each devolved authority shall have the right to appoint one member of any delegation tasked with negotiating an agreement with another state on behalf of the UK if that agreement falls within section 2(2).

(2) A devolved authority shall not make an appointment under subsection (1) unless the person appointed is reasonably competent to carry out the role of a trade negotiator.”

This new clause would permit the devolved authorities to each appoint one member of any negotiating delegation and would ensure that the person appointed is competent to carry out the role.

Amendment 25, in clause 1, page 1, line 15, at end insert—

“(1A) No regulations may be made under this subsection by a Minister of the Crown, so far as they contain provision which would be within the devolved competence of the Scottish Ministers (within the meaning given in paragraph 7 of Schedule 1), unless the Scottish Ministers consent.

(1B) No regulations may be made under this subsection by a Minister of the Crown, so far as they contain provision which would be within the devolved competence of the Welsh Ministers (within the meaning given in paragraph 8 of Schedule 1), unless the Welsh Ministers consent.”

This amendment and Amendment 26 seek to ensure that regulations cannot be made without consent from devolved Ministers.

Amendment 26, in clause 2, page 2, line 40, at end insert—

“(7A) No regulations may be made under subsection (1) by a Minister of the Crown, so far as they contain provision which would be within the devolved competence of the Scottish Ministers (within the meaning given in paragraph 7 of Schedule 1), unless the Scottish Ministers consent.

(7B) No regulations may be made under subsection (1) by a Minister of the Crown, so far as they contain provision which would be within the devolved competence of the Welsh Ministers (within the meaning given in paragraph 8 of Schedule 1), unless the Welsh Ministers consent.”

See explanatory statement for Amendment 25.

Amendment 27, in clause 2, page 3, line 3, at end insert—

“(10) No regulations may be made under subsection (8)(b) unless the Secretary of State has consulted with the Scottish Ministers and the Welsh Ministers.”

This amendment would require the Secretary of State to consult with Scottish Ministers and Welsh Ministers before deciding whether or how to prolong the period during which implementing powers can be used.

Government amendments 49, 50 and 61 to 63.

Amendment 28, in schedule 1, page 7, line 24, at end insert—

“(4) This paragraph does not apply to regulations made under section 1(1) or 2(1) by the Scottish Ministers or the Welsh Ministers.”

This amendment would remove the constraints on Scottish and Welsh Ministers in making regulations under this Act which modify retained EU law.

Government amendments 64 to 67.

Amendment 29, in schedule 1, page 8, line 5, at end insert—

“(4) This paragraph does not apply to regulations made under section 1(1) or 2(1) by the Scottish Ministers or the Welsh Ministers.

Requirement for consultation in certain circumstances

3A (1) No regulations may be made by the Scottish Ministers or the Welsh Ministers acting alone under section 1(1) or 2(1) so far as the regulations are to come into force before exit day unless the regulations are, to that extent, made after consulting with a Minister of the Crown.

(2) No regulations may be made by the Scottish Ministers or the Welsh Ministers acting alone under section 2(1) so far as the regulations make provision about any quota arrangements or are incompatible with any such arrangements unless the regulations are, to that extent, made after consulting with a Minister of the Crown.

(3) In sub-paragraph (2) ‘quota arrangements’ has the same meaning as in paragraph 3.”

This amendment would follow amendments made to the EU (Withdrawal) Bill to replace a requirement to seek the consent of the UK Ministers before making regulations to be commenced before exit day, or regulations making provision about quota arrangements, with a requirement to consult.

Government amendments 68, 69 and 76 to 78.

Barry Gardiner Portrait Barry Gardiner
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I rise to speak to new clause 4, which stands in my name and those of my right hon. and hon. Friends.

The extent to which the Bill encroaches on matters of devolved competence and undermines the power of devolved authorities is of particular concern. I am proud that it was a Labour Government who delivered the devolution settlements. They were established with a presumption of full devolution, except in matters considered reserved to the Government of the United Kingdom. Indeed, amendments to devolution legislation contained in the Scotland Act 2016 and the Wales Act 2017 specifically put that presumption on to a legislative footing, stipulating that Ministers would not legislate on matters that fell within devolved competence without “normally” seeking the consent of the appropriate devolved Government. However, the Bill seeks to do exactly that.

The Public Bill Committee heard in great detail the serious consequences the Bill would have for the United Kingdom and each of the devolved nations and their respective Administrations.

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Barry Gardiner Portrait Barry Gardiner
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I am concerned about what the Minister said. Does he not accept that if the provisions in clauses 1 and 2 are taken in conjunction with Government amendment 34, they will allow the Westminster Government to use Henry VIII powers to modify primary legislation or retained direct EU legislation in areas that are a matter of devolved competence? That is to go beyond “not normally”, which is why new clause 4 is essential.

John Bercow Portrait Mr Speaker
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Order. May I just emphasise that there is no obligation to continue up to the wire? I know that sometimes some people on the Government Bench say “Keep going till the cut-off point,” but it is not necessary to do so. There is a lot of other material to be debated. The Minister, who is a most courteous fellow, was extremely succinct earlier; he should not think that that was unpopular in the House.

George Hollingbery Portrait George Hollingbery
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You will be glad to hear, Mr Speaker, that I do not have a great deal more to say.

Let me engage with the shadow Secretary of State’s point. The powers that the Government are taking relate to where any regulations under section 12 of the European Union (Withdrawal) Act are in force and intersect with devolved Ministers’ rights to modify retained direct EU law. We are carving out an area in which the UK Government believe it is right and proper that the interests of the wider United Kingdom have precedence. I think the shadow Secretary of State understands what I mean; indeed, from the look on his face I believe he probably secretly agrees with what I am saying.

Points of Order

Debate between Barry Gardiner and John Bercow
1st reading: House of Commons
Wednesday 23rd May 2018

(6 years, 6 months ago)

Commons Chamber
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Barry Gardiner Portrait Barry Gardiner (Brent North) (Lab)
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On a point of order, Mr Speaker. You are a redoubtable champion of Members seeking to hold the Government to account. One of the things we sometimes resort to in doing that is the submission of freedom of information requests. On 20 July last year, I submitted a freedom of information request to the Department for International Trade, to which I have not yet had a response, nor indeed any acknowledgment, despite chasing it up in March and April. I submitted a separate FOI request on 14 March this year, which did receive a response, advising me that the Department would be unable to respond within 20 days but that a response would be forthcoming by 14 April at the latest. I have still had no such response, despite it now being May.

On 26 April this year, the Cabinet Office and the Office for National Statistics released the annual FOI statistics by Department. The Department for International Trade was the worst of all Departments, with 27% of requests either not being answered within the time limits or not answered at all. That failure prevents parliamentarians from properly scrutinising the Government’s trade policy at a time of intense public debate on these matters—something we have a duty to Parliament to do. I make no judgment of whether it is by intention or incompetence on the part of Ministers, but I seek your advice as to how we may redress the situation.

John Bercow Portrait Mr Speaker
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I am very grateful to the hon. Gentleman. I hope he will not take it amiss if I begin my response to him by saying that, although it is an attempted point of order, in a very real sense it appeared to me to resemble an intellectual dissertation, which of itself is no surprise to those of us familiar with the cerebral quality of the hon. Gentleman. I think it is important to distinguish between parliamentary proceedings on the one hand, in respect of which I may have some modest powers and capacity to assist Members, and freedom of information requests on the other, in relation to which I am literally powerless, as those are not matters for me. However, the hon. Gentleman has raised a concern, and it may well be shared by others. It is on the record, and I hope, consistent both with the letter of obligation to those who submit such requests and with its spirit, that full account will be taken of the situation the hon. Gentleman has painstakingly highlighted. If I may, I suggest we leave it there for today.

Business of the House

Debate between Barry Gardiner and John Bercow
Thursday 17th May 2018

(6 years, 6 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Order. In response to the Chair of the Backbench Business Committee, the hon. Member for Gateshead (Ian Mearns), the Leader of the House made the point, perfectly reasonably, that the Government have to balance the rights of Back-Bench Members against the sometimes necessary delivery of ministerial statements. There is not necessarily a perfect balance, but I entirely accept that the Government have to make a judgment on that matter. The House will know that I, too, have to make a judgment about the allocation of time. This is supposed to be a Backbench Business Committee day, and there are two Backbench Business Committee debates, the first of which was lost a few weeks ago, and the merits of which will not be disputed. The Leader of the House herself has referred to the important issue of plastics. The second of those debates, in the name of the hon. Member for Hove (Peter Kyle), is time-sensitive; it needs to take place today.

However, the Government have chosen to put on two ministerial statements today, which I accept is their right, procedurally, although whether that is altogether popular with the Backbench Business Committee is another matter. I have to make a judgment about balance, and I accept that the statements must take place and that there is interest in them, but we must get on to the Backbench Business Committee debates. More than my recent predecessors, I have tended to try to call everybody on statements, including at business questions; the record proves that beyond peradventure. Sadly, today is an exception, and that is the consequence of the management of the business, which is not in the hands of the Chair. I am trying to fight to defend the rights of Back-Bench Members, and I will always do so. I apologise to disappointed colleagues; they can try another time.

Barry Gardiner Portrait Barry Gardiner (Brent North) (Lab)
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On a point of order, Mr Speaker.

John Bercow Portrait Mr Speaker
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I think the hon. Gentleman’s point of order flows specifically from earlier exchanges and therefore, exceptionally, I will take it now if it is brief.

Barry Gardiner Portrait Barry Gardiner
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I am grateful, Mr Speaker. At oral questions this morning, in response to a question from my hon. Friend the Member for Lincoln (Karen Lee), the Under-Secretary of State for International Trade, the hon. Member for Beverley and Holderness (Graham Stuart), advised the House that all export licences for military and dual-use goods are examined and issued on a case-by-case basis. In fact, his own Department’s website clearly shows that a considerable number of such goods are exported under open general export licences that specifically exempt the exporter from applying on a case-by-case basis. Have you received any request from the Under-Secretary of State for International Trade to come back to the House to correct the record following what I am sure was an inadvertent mistake?

John Bercow Portrait Mr Speaker
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The hon. Gentleman, the shadow Secretary of State for International Trade, has an air of expectation and a plaintive appeal etched on the contours of his face. The short answer is that I have received no such indication from a Minister, and the hon. Gentleman will not take offence if I say that, on this occasion, I think he was at least as interested in giving his views to the House as in hearing any views put to him. He has placed his concern firmly on the record and, having known the hon. Gentleman for over two decades, I can predict with confidence that he will pursue it with a terrier-like pertinacity.

If there are no further points of order—in fact, there cannot be—we come now to the oral statement from the Under-Secretary of State for Digital, Culture, Media and Sport.

Oral Answers to Questions

Debate between Barry Gardiner and John Bercow
Thursday 22nd February 2018

(6 years, 9 months ago)

Commons Chamber
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Barry Gardiner Portrait Barry Gardiner (Brent North) (Lab)
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Given the Government Front-Bench team’s uncharacteristic failure to welcome my hon. Friend the Member for Bradford South (Judith Cummins) to the Opposition Front Bench, I know that you would want me to do so, Mr Speaker.

Is the Secretary of State aware that the Food Standards Agency recently detained large quantities of out-of-date meat in a company called Norish Cold Storage? The meat is believed to have come from Ireland and South America. Given that Norish is the parent company of Town View Foods, one of the directors of which, Plunkett Matthews, was also a director of Freeza Meats, a company implicated in the Irish horsemeat scandal in 2013 and found guilty of meat-labelling fraud, will the Secretary of State urgently liaise with Ministers in the Republic of Ireland, the FSA here and the Food Safety Authority of Ireland to ensure the supply chain for this illegal meat is identified, that our sanitary and phytosanitary regulations are properly enforced and that those behind the illegal trade—

John Bercow Portrait Mr Speaker
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Order. I say to the hon. Gentleman that if the meat was previously hot, it would certainly be freezing cold by now.

Oral Answers to Questions

Debate between Barry Gardiner and John Bercow
Thursday 12th October 2017

(7 years, 1 month ago)

Commons Chamber
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Barry Gardiner Portrait Barry Gardiner (Brent North) (Lab)
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Are we on topicals, Mr Speaker?

John Bercow Portrait Mr Speaker
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We are. The hon. Gentleman must try to keep up!

Barry Gardiner Portrait Barry Gardiner
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Thank you, Sir; it is always good to have you keeping me up to pace.

Recent reports suggest that Boeing provided Monarch Airlines with 45 Boeing 737 MAX jets at a cut price and that Boeing used a complex sale and leaseback deal to provide Monarch with more than £100 million in cash against a paper profit. Given the Secretary of State’s earlier commitment to trade defence remedies, why has he left it to me to write to the EU Commissioners to ask them to investigate this as a matter of potential illegal dumping and anti-competitive behaviour?