Seaborne Freight

Debate between Bernard Jenkin and Lord Grayling

Tuesday 8th January 2019 Commons Chamber

[Chris Grayling]

This procurement was done properly and in a way that conforms with Government rules. It secures the position of the taxpayer by ensuring that no money will change hands unless and until the ferries are running. The hon. Gentleman does not seem to listen.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

I join my right hon. Friend the Member for North Shropshire (Mr Paterson) in supporting my right hon. Friend the Secretary of State’s determination to be prepared for all eventualities. He has succeeded on aviation services, the transit convention and other things that will ensure that trade keeps flowing. However, what lessons can be learned from this situation? No matter how good this company might be, this is a difficult contracting environment in which things must be done quickly under intense political and public scrutiny. Will my right hon. Friend ask the permanent secretary to conduct a quick lessons-learned exercise so that companies with which the Government are contracting are better prepared than this one for the scale of public scrutiny to which it has been subjected?

[Chris Grayling]

My hon. Friend makes a valid point about public scrutiny. This contract was properly signed off by my Department’s accounting officer, and it was done in the best possible way when dealing with a new business, which is to ensure that the business will be paid only when it delivers the service. That is a responsible use of taxpayers’ money.

Strathclyde Review

Debate between Bernard Jenkin and Lord Grayling

Thursday 17th December 2015 Commons Chamber

[Chris Grayling]

It does not feel as though we are trying to move anything through the back door, given that I am standing in front of the House making a statement and setting out a report that has been prepared with a number of options for the Government to consider and undoubtedly for this House to debate before any legislative change could happen—if legislative change were to be adopted as a result of this report. There is a degree of faux outrage from the other side on this matter.

Let us be clear about what happens. This House has an elected mandate, unlike the House of Lords. Our majority Government have a democratic mandate to implement our manifesto, and that is what we have sought to do. The conventions that have guided the relationship between the House of Lords and the House of Commons have existed for a very long time, and they have indeed broken down over many years. The Government’s view is that it is time to re-establish a framework for the relationship between the two Houses which reflects the fact that this is the elected House of Commons. That is the purpose of the report, and it sets out three options for all of us to consider. Of course it makes specific reference to the issue of financial matters. The Commons has had primacy over financial matters for centuries; there are already Commons-only statutory instruments on financial matters. What occurred this autumn was the first time that a financial matter that had come before the House of Lords had been rejected—it was the first time a fatal motion had been used. Over the previous decades there had been hardly any fatal motions on SIs. On reading this report—I again thank Lord Strathclyde for his work—it is my view that in many respects it gives the Lords a clearer and broader role in the consideration of secondary legislation, while also making it clear that ultimately the democratically elected Chamber has to have the final say.

When the shadow Leader of the House talks about using less secondary legislation and about the composition of the House of Lords, I simply look back to my first few years in this House, and indeed yours, Madam Deputy Speaker, given that you were first elected in 1997, and I can say that I have no memory of a shortage of SIs being brought forward under the Labour Governments. I also have no memory of a shortage of appointments by Tony Blair of his friends and cronies to the House of Lords over an extended period, so I will take no lessons from Labour Members.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

May I welcome my right hon. Friend’s statement and join him in thanking Lord Strathclyde for his report? The Government could not have chosen a safer pair of hands for such an inquiry, and of course it does avoid the whole issue of the composition and other aspects of the House of Lords. Perhaps that is timely and convenient, but we will have to address those things.

May I welcome the proposal for dealing with this by primary legislation? The Public Administration and Constitutional Affairs Committee will wish to look at this, just as the Procedure Committee will. We have some questions. How often will this procedure be used? What kind of behaviour of the two Houses will we adopt? Would it be justified in using this procedure to deal with particular SIs that amend primary legislation through the so-called Henry VIII clauses? Would it be right to be able to use what one might call a “ding-dong” procedure, as opposed to a ping-pong procedure, simply to force through amendment to primary legislation in this way? I assure my right hon. Friend that we will be looking at these matters in great detail.

Commons Financial Privilege

Debate between Bernard Jenkin and Lord Grayling

Wednesday 28th October 2015 Commons Chamber

[Chris Grayling]

I know very straightforwardly what the hon. Gentleman’s submissions will be to any review of the relationship between the House of Lords and the House of Commons. He can surely take comfort also from the fact that Lord Strathclyde is a Scot and therefore brings to this job great wisdom.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I thank my right hon. Friend for the announcement made yesterday and assure him that the Public Administration and Constitutional Affairs Committee requires no instructions from the Government about what inquiries we will carry out, and nor does it require any prompting from the Opposition.

At our meeting yesterday, we started to cross-examine witnesses about events on Monday, and we will be looking at what Lord Strathclyde is likely to consider, but there is a simple point to make. Does my right hon. Friend agree that the Parliament Act 1911 established the principle of financial privilege at a time when there was very little secondary legislation? Now that so much is done by secondary legislation, it should not be too complicated to make sure that that principle in the 1911 Act is extended to secondary legislation, to avoid such misunderstandings in the future.

[Chris Grayling]

I have no doubt that my hon. Friend and his Committee will look closely at those issues. I am not in the least bit surprised to learn that they have made a start. Most Members of the House realise that this week has marked a significant change or potential change in the relationship between the two Houses. We need to establish a firm foundation for the future. My hon. Friend and his Committee will play an active role in that. When change is necessary, I want to bring it forward as quickly and sensibly as possible, but we need to take the time to get it right and ensure that we deal with the issues for the foreseeable future.

Business of the House

Debate between Bernard Jenkin and Lord Grayling

Thursday 22nd October 2015 Commons Chamber

[Chris Grayling]

I have listened carefully to what the hon. Lady says. This is always a challenge because it is so easy for business to flow one way or the other across the border. Treasury Ministers will be here for the debate on Monday, when she can raise her concerns, subject to your ruling it in order, Mr Speaker. There are also Treasury questions on Tuesday, so I am sure she will take advantage of that opportunity.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

When are the Government likely to provide time for a debate about the consequences of the agreements made with the Chinese Government this week concerning nuclear power, which are clearly very significant? Not only is the possibility of a new power station at Bradwell, overlooking my constituency, likely to have very detrimental effects on the marine ecology of the Blackwater estuary, but the ownership, construction and control of our critical national infrastructure appears not to have been fully considered by the National Security Council, and no proper assessment has been made of the consequences of these very significant decisions for our national security.

[Chris Grayling]

I will make sure that my hon. Friend’s concerns are raised with Ministers. There will be a number of opportunities for these matters to be raised at oral questions and, should he so choose, in debates on upcoming Bills. Clearly, the issue could be looked at in some of the discussions on Treasury matters coming up in the next few days. I will make sure that his concerns are raised and give careful consideration to what he has said.

Business of the House

Debate between Bernard Jenkin and Lord Grayling

Tuesday 14th July 2015 Commons Chamber

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

May I observe for my right hon. Friend that the Scottish National party has only one objective in this House, which is to foment the break-up of the United Kingdom? Unless all Unionist parties in this House work together to frustrate that aim, instead of continuing the usual games we play in this House, we will help them to achieve that objective.

[Chris Grayling]

I am surprised that the Scottish nationalists have chosen to move away from what they have done for many years, which is to abstain on matters that do not affect Scotland. They have clearly taken a decision to change policy. It is up to other Unionist parties to decide whether they will help them in that approach.

EU Charter of Fundamental Rights

Debate between Bernard Jenkin and Lord Grayling

Tuesday 19th November 2013 Commons Chamber

[Chris Grayling]

On the 2011 case, I was not Secretary of State at the time, so I did not take any action at all. That case—this remains the view of my Department—did not restate the legal position. The right hon. Gentleman is right about the protocol, which says that the charter applies to EU law and not to national law. Unfortunately, as we know, the Lisbon treaty is so vaguely worded in many respects that actually it allows the EU institutions to intrude in areas, such as social security, for example, that were expressly not envisioned in the treaty itself.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

May I suggest to my right hon. Friend that the lawyers who are advising him to do nothing now are the same ones who advised the right hon. Member for Blackburn (Mr Straw) and his Government to believe in the integrity of this opt-out and that the European Court would not come after it? Is my right hon. Friend really advocating a policy of “do nothing”? That seems to be what he is suggesting. What we could do is legislate to protect United Kingdom law from the application of the charter of fundamental rights, as suggested by my hon. Friend the Member for Stone (Mr Cash), the Chair of the Select Committee.

[Chris Grayling]

I am absolutely not suggesting that we do nothing, and that is why we need to get this point clarified in law at the earliest opportunity. The recent Supreme Court case on prisoner voting has reassured me on this issue, but I say to my hon. Friend the Member for Harwich and North Essex (Mr Jenkin) that I have every intention of testing this in law quickly. If we find that the legal position is not what we believe it to be, we will have to take further steps.