European Union (Withdrawal) Bill

Ben Bradshaw Excerpts

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

[Anna Soubry]

I am desperate to get on with supporting new clause 22 and endorsing the excellent speech made by the hon. Member for Lewisham East (Heidi Alexander). Notwithstanding the referendum result, we all need to move on. When I stood for election in Broxtowe in June, I did so on the clear platform of accepting that we were leaving the European Union but continuing to make the case for the single market, the customs union and the positive benefits of immigration.

The reason why I say that with some conviction is that if we are all very honest about it, there is unfortunately every chance that we will not get anything like the sort of trade deal that we want. I have no doubt that we will get deals on security, aviation and so on, but the harsh and uncomfortable reality is that there is very little chance that we will actually get the sort of trade deal that we need to secure our country’s future. On that basis, the only alternative at the moment seems to be to crash out with no deal. I am not criticising the Government for making preparations for that eventuality, because it would be foolish of them not to do so, but I suggest that the idea that we will have either a deal or no deal is not the way to see it. We do not have just two options; there is a third option, which is for us to continue to be a member of the EEA and a member of EFTA.

I take this view, which I base on knocking on hundreds of doors during the election campaign and continuing to talk to my constituents when I go out leafleting and so on. I think that most people in the real world are absolutely fed up with all this. They have had enough of us all squabbling and moaning and groaning. It is unpleasant, and people are sick and tired of it. I think they take the view, “Look, you have all been elected to this place, and you have got a Government in place. For goodness’ sake, just get on and do it.” Now let us have a debate about what “it” is and how we do it for the very best in our country. Let us have that sort of debate. I think that we will be criticised for the fact that it has taken us so long to have that debate.

[Mr Ben Bradshaw (Exeter) (Lab)]

Does the right hon. Lady agree that the debates that we are having could be helpful to the Government? The Government are much more likely to be able to “do it”, as she puts it, if they reflect the consensus view of opinion across the House.

[Anna Soubry]

I completely agree with the right hon. Gentleman. I go on about what history will write about this place, and one of the observations of history will be the lack of debate until almost this point, which does us no credit. Another will be that at least two thirds, I reckon, of the people elected to this place are of the same view on the customs union and single market.

European Union (Withdrawal) Bill

Ben Bradshaw Excerpts

Committee: 6th sitting: House of Commons
Tuesday 12th December 2017 Commons Chamber

[Tom Brake]

Absolutely. Many Members on both sides of the House know that one of the most damaging things that the Government did from the outset was to rule out membership of the single market and the customs union—particularly the customs union. We can see what problems that has caused in relation to Ireland and Northern Ireland. Even now, that can has simply been kicked down the road. The issue has not been resolved in any shape or form.

It is probably fair to say that people, including Members in this House, now have a much clearer understanding of exactly what the single market is. I know that there are Members, particularly on the Government Benches, who claim that, during the course of the EU referendum campaign, people had a very clear idea of what the single market was and what the customs union was; they did not want to be in them. Frankly, I do not believe that to be true. It may be that some of those Members had in their constituencies a trade specialist or an economist who knew precisely what the single market and the customs union were, but I am afraid that, broadly speaking, there was not a great degree of awareness of what they constituted—I am talking about the fact that the single market ensures that UK companies can trade with the other 27 EU countries without any restrictions and without facing arbitrary barriers. That is why it is essential that people support this amendment.

I hope that, in the longer term, the Government will see sense and realise that it is in the UK’s economic interests to stay in the single market and the customs union. I know that my amendment has cross-party support, but I hope that I will also get support from the Labour Front-Bench team, because that will reinforce the message that I am hearing from the Labour party that it is committed to the single market and customs union for the transition period. What I need to hear is that, beyond the transition period, there is also a commitment to the single market and the customs union. The Labour Front-Bench team say they are worried about jobs, and such a commitment is the best way of securing jobs in the United Kingdom. I hope I will get support for that; I will be pressing amendment 124 to a vote.

[Mr Ben Bradshaw (Exeter) (Lab)]

I am sure that the right hon. Gentleman will get a lot of support from the Labour Benches if his amendment is pressed to a vote. To be fair to our Front Benchers, they have made it clear that they think the option of staying in the single market and the customs union should remain on the table after the transition. The right hon. Gentleman was not quite fair in his description of our Front-Bench policy as I understand it.

[Tom Brake]

All right—the right hon. Gentleman is probably closer to his Front Bench’s policy than I am, certainly in respect of the understanding of it, if not necessarily the direct input. I hope that Labour may be able to take things one step further: to make staying in the single market and the customs union not an option but the party’s actual policy. As I said in an earlier intervention, staying in the single market was in the 2015 Conservative manifesto, which also mentioned the benefits of doing so.

I turn to amendments 363 and 364, and a number of other related amendments, which are on equality and human rights law. The amendments are needed to prevent changes to fundamental rights being made without full parliamentary scrutiny. The Bill permits Ministers to amend laws, including Acts of Parliament, by delegated legislation. The Government have said that the powers will not be used for significant policy changes and that current protections for equality rights and workers’ rights will be maintained. I welcome those commitments, but in order to protect fundamental rights, it is essential that they are guaranteed by reflecting them in the extent of the delegated powers in the Bill.

Many other Members have quoted the House of Lords Delegated Powers and Regulatory Reform Committee, so I will not. That Committee has expressed strong concerns about the Government’s approach, as has the House of Lords Constitution Committee, which it might be worth quoting. It believes:

“The executive powers conferred by the Bill are unprecedented and extraordinary and raise fundamental constitutional questions about the separation of powers between Parliament and Government.”

That point has been repeated by many Members during these days of debate.

I welcome the fact that the Bill already prevents the use of delegated powers to amend the Human Rights Act 1998, which, of course, recognises the importance of the rights it protects. However, if the Bill does that for the Human Rights Act, I do not quite understand why it does not protect the rights in other Acts. The Equality Act 2006 and the Equality Act 2010 must also be protected, as must the Employment Rights Act 1996 and secondary legislation such as the Working Time Regulations 1998, which were mentioned in an earlier contribution. My amendments would protect the rights in such legislation. I am unlikely to press them to a vote, but the Labour party’s amendments 25 to 27 are similar. In fact, they could be improved by providing equivalent protection to the Equality Act 2006.

In the first day in Committee, the Government made a commitment to table amendment 391, which they have done. I welcome that, but I would like the Minister to clarify one point. I think it was the Minister of State, Ministry of Justice, the hon. Member for Esher and Walton (Dominic Raab), who said that the Government would ensure that they would address

“the presentation of any Brexit-related primary or secondary legislation”—[Official Report, 21 November 2017; Vol. 631, c. 904.]

But as far as I read it, the amendment refers only to secondary legislation. I am not sure whether that means that there will be further amendments, that the Minister misspoke originally or that we are to expect more. Perhaps the Minister will pick up on that point when he responds.

I have a couple more minutes, in which I will refer briefly to EU citizens’ rights. Now, I hope that people are not under the impression that, in moving on to phase 2 of the negotiations, EU citizens in the UK or UK citizens in the EU are happy with where we are at; clearly, they are not. Some 3 million EU citizens in the UK still have significant concerns around the time limits being placed on certain protections. They are also concerned about the all too frequent errors that occur in the Home Office—something with which we are all too familiar—which they anticipate leading to a large number of problems with the proposed changes regarding their status. Nor are UK citizens in the EU any happier with the outcome, and they are as critical of the EU as they are of the UK Government in terms of the speed with which they have moved on. However, as has been said in the debate, given that nothing is agreed until everything has been agreed, those issues can still be pursued.

The final point I want to make relates to amendment 121. If I had had time, I would have read out the list of 21 organisations, although by the sounds of it, given the earlier intervention on this issue, I have missed about 19 organisations, because there are more than 40. However, I would have liked to ask Members present, in a moment of truth and honesty, whether any of them had anticipated that all the organisations on the list would be affected by our leaving the European Union—if, indeed, we do leave, because nothing is certain on that front. I suspect that not a single Member here would have claimed, if they had answered honestly, that they knew of each and every one of those organisations.

We are going to have to go through a costly process of creating our own organisations, with heavy costs attached to that. The purpose of the amendment is simply to ensure that the Government are not able to create these new agencies, or to give substantial new powers to existing agencies, by way of delegated legislation, because that is the sort of thing that needs to be done through Parliament and through primary legislation.

Thank you, Dame Rosie. I think I have kept within your time limit. I would just like to reinforce the point that I will be pressing amendment 124 to a vote, and I hope I will receive support from both sides of the House for it.

European Union (Withdrawal) Bill

Ben Bradshaw Excerpts

Committee: 7th sitting: House of Commons
Wednesday 13th December 2017 Commons Chamber

[Yvette Cooper]

I thought part of the way through the hon. Gentleman’s intervention that he was finally coming up with a sensible point. I have no control over the timing of the Government’s negotiations; I hope that they and the EU will get on with this quickly, because in particular we need the transitional agreement pinned down as early as possible, as businesses need certainty—and they need that as much in my constituency as in the hon. Gentleman’s. So I hugely hope there will be plenty of time for all these debates to take place. In the event that, against the Government’s will—they have said they do not want this—it ends up being a late deal, Parliament should have the opportunity to ask the Government to extend article 50 for a couple of months, to be able to implement it properly. In fact, the Government will have to do that anyway, because they will not be able to bring clause 9 powers through fast enough not to have to do so.

[Mr Ben Bradshaw (Exeter) (Lab)]

Is it not far more likely that the Government will have to do that long before then, because everyone, including the Brexit Secretary, recognises that it is simply not possible to get everything agreed within the next year, plus a few months?

[Yvette Cooper]

That may be the case. It is clearly not what the Government want, and many of us want the certainty early on. Either way, in the end, however, the timing of the article 50 process will be determined by the Government and the EU states together, but Parliament should be able to put its view to the Government, and Parliament so far in this process will be given no choice in that and no opportunity to have its say.

There is another problem with doing this through a resolution. It is not a fit and proper way to decide something so constitutional to simply do it through a resolution or motion of this House, especially when the Government have shown, in their attitude to Opposition day motions and to resolutions they have lost, that they do not give those sorts of motions and resolutions much status and significance at all, and they do not have constitutional or legal status.

It is only fitting, therefore, for us in this Parliament to say that we should do this through statute, but that is also the most important way to make sure the vote is meaningful. As several Members have said, a motion being put to Parliament that, as the Brexit Secretary has suggested, basically says, “Vote for this deal, whatever it is, or leave with no deal at all,” in the end is not a meaningful vote for Parliament. If Parliament is being given the choice of endorsing the deal the Government have come up with, whatever it is, or alternatively saying in effect that we want no transitional agreement, no security co-operation—nothing at all—and we want to just go straight off the edge of a cliff, that in the end is not proper scrutiny and not a proper meaningful vote. It also provides no incentive for Ministers to have to make sure that what they negotiate can get support in Parliament.

At present, the Government have more incentive to come up with a deal that will get the support of the European Parliament than the support of this place. That is not on; that is not acceptable. It is unacceptable that they have more incentive to focus on the interests of the European Parliament than they have to focus on the interests of, and the potential to build consensus in, this Parliament. That is why we need a vote on statute; that is why we need a statutory vote; and that is why we need either amendment 7 or new clause 3, to have a meaningful vote before, not after, the treaty is ratified.

European Union (Withdrawal) Bill

Ben Bradshaw Excerpts

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

[Ian Murray]

That is exactly what Michel Barnier said. The Secretary of State for Exiting the European Union wants a Canada-plus-plus-plus deal with a special arrangement for banks, and the chief negotiator has said that that is impossible for two reasons. It is against the red lines that the Government have already drawn for themselves, so they are arguing against their own policy. Indeed, we already have special arrangements in place for free and unfettered access for all our sectors; they are called the single market and the customs union. When we have debated the matter in this Chamber on other days, I have made the point that the question of whether or not we agree with the single market and customs union is essentially irrelevant to the Bill. The Government’s negotiating position should, at the very least, keep those options on the table so that the Government can look at them and ask whether they are the way forward.

Why might we remain members of the customs union and the single market for the transition period? We would do that to allow businesses the certainty, security and stability that they require to make the changes that they need to make. When we come out of that transition period—it will not be in two years, according to Michel Barnier; it may be much sooner—we will have to have a system that is, no doubt, worse than that which we had during the transition period.

I am grateful to my hon. Friend the Member for Bristol East (Kerry McCarthy) for raising Canada-plus-plus-plus, because that is impossible to achieve with the red lines that have been drawn. Perhaps the Minister will come to the Dispatch Box—he can intervene on me, if he likes, or on any other hon. Member—and tell us which red lines the Government are willing to drop to achieve the Government’s aspiration of Canada-plus-plus-plus with a special deal for financial services.

[Mr Ben Bradshaw (Exeter) (Lab)]

Just as my hon. Friend the Member for Bristol East (Kerry McCarthy) took evidence this morning from the Environment Secretary, the Health Committee took evidence yesterday from representatives of the pharmaceutical industry. They were completely realistic about the fact that the Government are not going to get any special sectoral deals, and that there will not be any cherry-picking. They unanimously made it clear to us that the only solution for us is to stay in the customs union and the single market, certainly for the transition and possibly—hopefully—beyond that.

[Ian Murray]

That is the key. We will have had 64 hours of debate in this Committee by the time we vote at 10 minutes past nine this evening. If we distil all our debates over those 64 hours, we get to the conclusion that we should stay in the single market and the customs union. I cannot understand why the Government have decided to throw that entire strategy out the window, probably for ideological reasons.

European Union (Withdrawal) Bill

Ben Bradshaw Excerpts

Ping Pong: House of Commons
Wednesday 20th June 2018 Commons Chamber

[Hilary Benn]

May I say to the hon. Member for Shipley (Philip Davies) that the argument he has just advanced is not true? I believe a very small number of Members of the House would cheerfully jump over the edge of a no-deal cliff, which is why we are having this argument this afternoon.

The right hon. and learned Member for Beaconsfield (Mr Grieve), for whom I have enormous respect, is right when he says that this is a very fraught, difficult and tense debate, where passions are running high. Given that the referendum split the country right down the middle, that is not entirely surprising. I gently say to him that, given the experience he went through last week, when he thought he had an assurance and then discovered that he did not, if I were him, I would be very, very cautious about accepting further assurances. However, I respect the decision that he makes.

I would be cautious for the reason I put my question to the Secretary of State, who is no longer in his place. I listened carefully to what he said and I heard no explanation, no justification and no argument for why the Government are prepared for the House to debate an amendable motion to approve the withdrawal agreement—that is what he indicated when he came before the Select Committee—yet, when it comes to deciding what takes place in the event that the nation is facing the prospect of no deal, they are insisting on having a motion in “neutral terms”. That may or may not allow the Speaker to come to the rescue of the House by allowing the motion to be declared amendable. However, as I read Standing Order 24B, as long as the Government do their job in drafting the motion, the Speaker will have no choice but to declare it a motion in “neutral terms” and it will therefore not be amendable.

[Mr Ben Bradshaw (Exeter) (Lab)]

Does not this compromise give enormous power to you, Mr Speaker? That is all very well, because you are a Speaker who has stood up for the rights of this House and of Back Benchers, and for the majority in this House to be able to have meaningful votes, but were you to fall under a bus in the next few months, what guarantee would there be that a future Speaker would stand up for the rights of this House in the same way that you have done?

[Mr Speaker]

I will do my best to observe the road safety code.