European Union (Withdrawal) (No. 5) Bill

Debate between Bernard Jenkin and Yvette Cooper

Monday 8th April 2019 Commons Chamber

[Yvette Cooper]

Some people criticised the Bill, but the vast majority of the Lords supported the Bill, which is why we have it back before us now. Parliament has shown in both the Commons and the Lords that it is capable of responding to the gravity and the urgency of the challenge that our country faces and the very immediate risks to jobs, public services and families across the country if we drift. None of us could have imagined that we would be in this situation in the first place. These are unprecedented circumstances, but they should also serve as no precedent for the future when, as we all hope, normality might be restored.

I particularly thank Lord Robertson and Lord Rooker, who sponsored the Bill in the Lords, the Government and Opposition Front Benchers and Cross Benchers, who engaged in thoughtful discussion about these amendments, and the right hon. Member for West Dorset (Sir Oliver Letwin), who did considerable work to ensure that the amendments would be effective. I said to the Minister, when we were discussing this in Committee, that we were keen to ensure that there was legal clarity for the Prime Minister as she went into the negotiations in the EU Council, and that she would be able to take sensible decisions in the national interest without having to come back to this House in the middle of negotiations—clearly, that would not be in the national interest. I welcome the work that has been done together to ensure that that clarity applies and that the Prime Minister can take those discussions forward.

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

Will the right hon. Lady give way?

[Yvette Cooper]

I will give way just one more time.

[Sir Bernard Jenkin]

Given that the Bill still says only that the Prime Minister must “seek an extension”, how does this oblige her to accept an extension, or can she refuse one?

[Yvette Cooper]

The Bill makes it clear that the Prime Minister will be mandated to seek the extension in accordance with the motion that we hope will be tabled tomorrow. As a result of the amendment that has been tabled, it also allows the Prime Minister to seek further extensions and to accept extensions, subject to their not ending earlier than 22 May.

Lords amendments 1 and 2 ensure that a delay past midnight tonight will not prevent debate on the motion tomorrow. Lords amendment 3 allows Ministers other than the Prime Minister to table the motion. I think it sensible to ensure that the debate does not disrupt any negotiations with other Governments in which the Prime Minister will need to engage tomorrow. Lords amendments 4 and 5 ensure that the Prime Minister has that flexibility in the negotiations.

Taxation (Cross-border Trade) Bill

Debate between Bernard Jenkin and Yvette Cooper

3rd reading: House of Commons & Report stage: House of Commons
Monday 16th July 2018 Commons Chamber

[Yvette Cooper]

No, I will not, because there is a time limit and I want to finish my speech early so that others can contribute.

Members who oppose any form of customs union are underestimating the significance of rules of origin checks which, according to the Government’s own analysis, can burden businesses with additional costs amounting to between 4% and 15%.

[Sir Bernard Jenkin]

Why would any company bother to carry out expensive rules of origin checks if paying the tariff, which might be as little as 2%, would be much cheaper? It is as simple as that.

[Yvette Cooper]

That is really flipped logic. The hon. Gentleman is effectively saying, “They do not have to do the checks because they can all just pay the tariffs.” Why on earth are we going through this whole process in the first place if all we are going to get is a tiny reduction in tariffs that no one will take advantage of in order to get any benefits?

European Union (Withdrawal) Bill

Debate between Bernard Jenkin and Yvette Cooper

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

[Yvette Cooper]

The right hon. and learned Gentleman is exactly right, and that is why we have a cross-party interest in these issues. Not only is there no trigger on the face of the Bill—clause 9 will still allow Ministers this huge concentrated power to go ahead and implement the withdrawal agreement without Parliament’s agreement—but there is also a second difference, certainly for me in what Ministers have set out so far, about how a meaningful vote should take place. I want to come on to that as well.

New clause 3 says that Parliament will not yet give the Government permission to use secondary legislation to implement the withdrawal agreement, and that instead the Government must set out their plans for primary legislation to implement the withdrawal agreement. If secondary legislation is needed at that time, as part of the implementation process, those powers should be taken in the withdrawal agreement Bill—the second Bill—so that Parliament is not just handing over a blank cheque, but is deciding what powers are needed and making sure that the proper scrutiny and checks and balances are in place at that time.

I do not think this is really a controversial proposal. It is basically saying that Parliament should hand over no more power to the Executive than it needs to and should not hand over power to the Executive until it needs to and until it knows what is going on. New clause 3 also has the effect of requiring a meaningful vote in primary legislation on the withdrawal agreement before it can be implemented. That is not really a controversial proposal either. It simply says that we should have a proper vote on the most important thing to pass through Parliament in a generation—and a meaningful vote in primary legislation, as is fitting for something so important—and that we should do so before and not after we give Government the powers to start implementing it.

Amendment 7, which was tabled by the right hon. and learned Member for Beaconsfield (Mr Grieve), has broadly the same effect. Rather than removing the powers from clause 9, it simply says that they cannot be used until a statute or primary legislation has been passed supporting the withdrawal agreement. Again, that means that Parliament does not blindly hand over powers to the Executive in a trusting way without knowing what the consequences will be or what the agreement looks like.

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

The whole point of this Bill is that it is taking back power to this country and this Parliament, so that we can decide for ourselves what will happen. All the significant powers in the Bill are subject to the affirmative resolution and those that are not will now be subject to a sifting committee. We are recovering from a situation where, as members of the European Union, we had handed over all these decisions, lock, stock and barrel, to the European Union, so the Bill is a massive improvement, and to dress up this attempt to reverse Brexit as an argument in favour of parliamentary sovereignty is nothing but cant.

[Yvette Cooper]

Oh my, what Stalinism is this?—that any attempt to disagree with the way in which this Bill is drawn up is somehow a betrayal of Brexit! What rubbish! How insecure are Members who object to any changes in the Bill, if they cannot see that it is Parliament’s job—a job that they argued for when they stood up and tried to defend parliamentary sovereignty—to take some responsibility by scrutinising legislation and proposing amendments to it? That is all we are doing now. We are putting forward an amendment to the way in which the Brexit process—the withdrawal process—should take place. The idea that this somehow undermines the referendum decision is just a load of rubbish and the hon. Gentleman well knows it, and if he had any better arguments, he would put them, rather than using something that is so ridiculous.

--- Later in debate ---

[Yvette Cooper]

My hon. Friend is right, and that again shows the importance of having these commitments in the Bill, so that there can be no doubt and no possibility of the Government using clause 9 to start implementing an agreement on which there has been no meaningful vote.

[Mr Jenkin]

Can the right hon. Lady explain how the timing will work? If there is to be legislation to approve a withdrawal agreement before March 2019, what happens if the agreement is reached too late to allow that legislation to go through all its stages—[Interruption]—or is this a plan to delay the Brexit date?

[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.

2014 JHA Opt-out Decision

Debate between Bernard Jenkin and Yvette Cooper

Monday 15th July 2013 Commons Chamber

[Yvette Cooper]

The Government have said that that would not be possible and that they would have to go back to the previous convention. Under that extradition convention, we experienced some long delays, including taking 10 years to send a suspected terrorist back to France. I do not think that is acceptable, and I do not think that the public would think that it was acceptable for us to have a French terrorist, or someone wanted in France, in this country and being unable to send him back quickly to face trial and to face justice.

[Mr Jenkin]

rose—

[Yvette Cooper]

I shall give way once more, then I want to make progress, as many Members wish to contribute to the debate.

--- Later in debate ---

[Mr Jenkin]

We still do not know whether the right hon. Lady is in favour of opting out or not—it sounds like not.

Yes, it might be more difficult to extradite some people from the European Union to this country, or it might be easier if we had a bilateral agreement. Were we to maintain sovereign control of all our extradition arrangements we would be able both to extradite whomsoever we liked and to deport them, and we cannot do that if we are more and more subject to the European Court of Justice.

[Yvette Cooper]

In fact, having sovereign arrangements with no ability to extradite without having to go through a very long, legal process that may last 10 years does not help us to get rid of the suspected criminals whom we want to send back to Europe, and it does not help us to bring back to Britain the suspected criminals who have fled abroad. For very many years, people fled to the costa del crime, and Britain was unable to bring them back.

I shall make some progress, as I want to refer to the points that hon. Members have made about the measures that the Home Secretary wants to opt out of. Again, it is hard to take a full view without proper scrutiny and without Select Committees being able to look at this. The Prime Minister described this last week as

“a massive transfer of powers”.

The Home Secretary has described it as an historic moment, and said that we should celebrate the sovereignty involved in this particular opt-out process and in the Command Paper that she published last week. But we should look at the details in the explanatory memorandum of some of the things that we would opt out of. Britain would no longer be expected to have a good practice guide on mutual legal assistance in criminal matters, but we will keep one anyway as part of other plans for the European investigation order. Nor will we sign up to the European judicial network, which offers a point of contact in each country for judicial queries, but that, too, will still happen anyway, again because of the European investigation order. We will not sign up to having someone to act as a contact point for cross-border allegations of corruption, but UK bodies plan to do so anyway. We will not sign up to receive a directory of specialist counter-terrorism officers, but we are already doing it so we will carry on doing so. I suspect somebody will send it to us in the post anyway. We will not sign up to a whole series of accession measures which apply to other countries and did not cover us anyway. Time and again we are opting out of dozens of measures that either do not operate any more or cover areas where we plan to carry on regardless, whether we are in or out.

European Union Bill

Debate between Bernard Jenkin and Yvette Cooper

Tuesday 7th December 2010 Commons Chamber

[Yvette Cooper]

My right hon. Friend is right: those debates are important. We could have had a pre-European Council discussion today, at the same time as European Finance Ministers are meeting and well in advance of national leaders meeting to discuss exactly these issues. Instead of talking about vital issues for the European economy, what are we doing? According to the Foreign Secretary, we are talking about referendums that he says we will not need and sovereignty that he says we already have—that is, referendums for powers that he says he will not even transfer, and sovereignty that he says will not change at all as a result of this Bill. Unnerving as I find it to be in agreement with the hon. Member for Clacton (Mr Carswell), I am afraid to say that he is right. This Bill is just smoke and mirrors to distract us from the fact that the Government have no strategy for Europe and no way of handling their own Eurosceptics.

Instead of having a serious debate about the future of Europe, the Foreign Secretary is pandering to the Eurosceptics, and it is the worst pandering of all, because it will not even work. All that it is doing is winding them up. This Bill is a complete dog’s dinner and he knows it, yet the Eurosceptics are salivating nevertheless. The Bill tries to constrain parliamentary sovereignty on the one hand and protect parliamentary sovereignty on the other, using a referendum lock that does one thing and a sovereignty clause that does the opposite—a referendum lock that tries to bind future Parliaments and a sovereignty clause that makes it clear that the Government can do no such thing. It is all in the same Bill, which faces both ways at the same time.

The Government’s press release on the sovereignty clause says:

“The common law is already clear on this. Parliament is sovereign. EU law has effect in the UK because—and solely because—Parliament wills that it should. Parliament chose to pass the European Communities Act 1972. That was the act of a sovereign Parliament.”

There is not much room for misunderstanding there. The statement then proclaims that

“to put the matter beyond speculation,”

the Government will introduce the sovereignty clause, but whose speculation are we talking about? It is not the speculation of the hon. Member for Stone (Mr Cash), because his European Scrutiny Committee has said:

“The evidence we received suggests that the legislative supremacy of Parliament is not currently under threat from EU law.”

The Committee continued:

“Clause 18 is not a sovereignty clause in the manner claimed by the Government, and the whole premise on which it has been included in the Bill is, in our view, exaggerated.”

The only source of speculation that I could find was one speech by a barrister on behalf of a client in 2002 and a speech by the Prime Minister in 2009. The truth is that the Foreign Secretary has set up a straw man in order to shoot it down, because he will not give his party what it really wants, which is a referendum on withdrawing from the EU altogether.

[Mr Jenkin]

The right hon. Lady really does not know what she is talking about. Let me refer her to the Law Lords’ judgment in the case of Jackson v. Attorney-General, in which Lord Steyn said:

“The judges created this principle”—

that is, the principle of parliamentary sovereignty.

“If that is so, it is not unthinkable that circumstances could arise where the courts may have to qualify a principle established on a different hypothesis of constitutionalism.”

Lord Hope said:

“Parliamentary sovereignty is no longer, if it ever was, absolute…Step by step, gradually but surely, the English principle of the absolute legislative sovereignty of Parliament which Dicey derived from Coke and Blackstone is being qualified.”

There are therefore two Law Lords speculating about the future of parliamentary sovereignty. The right hon. Lady had better do some homework.

[Yvette Cooper]

I am afraid that the hon. Gentleman is not picking a fight with me; he is picking a fight with his Government, whom I quoted, and the European Scrutiny Committee, which I quoted. His disagreement is with them, but I hope that he agrees that clause 18 does nothing at all to change sovereignty. In fact, the hon. Member for Crawley (Henry Smith), who asked about a written constitution, got further than anybody else in raising the key question about sovereignty that the hon. Gentleman’s Government are pretending to solve while, in fact, doing nothing of the sort.