European Union (Withdrawal) Act

Debate between Caroline Flint and Rebecca Long Bailey

Thursday 10th January 2019 Commons Chamber

[Rebecca Long Bailey (Salford and Eccles) (Lab)]

We have heard more than 50 impassioned speeches today from both sides of the House, from Perth to Don Valley, from Cheltenham to Walsall and from Tottenham to Ceredigion. I will not attempt to reference every single speech as I certainly would not do them justice, but it is clear that all Members who have spoken recognise the weight of responsibility on their shoulders—the critical decision that they must make to support their communities.

What also became clear from today’s contributions is that the Prime Minister’s deal has not found consensus in this House. The Secretary of State for Environment, Food and Rural Affairs began by stating that we should not let the perfect be the enemy of the good. Well, this deal is significantly deficient in qualifying for the presumption in this well-known quotation. This deal is simply not good. It does not work for business and industry, it does not work for working people and it does not work for our environment. In fact, as we have been sitting here today, the former head of MI6 is reported to have told the Government that it threatens national security.

The withdrawal agreement and the outline political declaration will not ensure the relationship with the European Union needed for UK businesses to operate unhindered post Brexit. The Business, Energy and Industrial Strategy Committee has already stated that

“no business that we have taken evidence from held the view that—from an industry perspective—the Withdrawal Agreement and Political Declaration provide a deal as good as the one we already have with the EU”.

For instance, in the likely backstop scenario, the withdrawal agreement does not provide for a customs union as we enjoy now. As the Institute for Public Policy Research said, it provides for a “bare-bones customs union”, meaning that it does not cover areas such as services, trade or public procurement, and it certainly does not provide for frictionless trade between the UK and the EU. Specifically, it will not address non-tariff barriers such as VAT and product regulation checks, which will have a significant impact on industries such as car production and pharmaceuticals—sectors that are essential to our industrial strategy. Indeed, the Attorney General’s advice confirmed this, stating that, during the backstop,

“Great Britain will no longer be a member of the EU’s Single Market for Goods or the EU’s customs arrangements. This means that any GB goods crossing the border into the EU will be subject to third country checks by Member State authorities”.

Let me turn to the outline political declaration, which is hardly worth the paper it is written on, quite frankly. It includes phrases such as “explore the possibility”. But even if the aspirations listed there were implemented, that would not guarantee frictionless trade. In the best-case scenario, there will be barriers to trade in goods and market access for services will be reduced. That is a fact.

As the IPPR also summarised,

“there will be significant barriers to trade in services between the UK and the EU. UK firms will only have EU market access under host state rules and will lose the benefits of single market treatment…Under these plans, we should therefore expect significant new non-tariff barriers in goods, particularly in heavily regulated sectors such as chemicals and pharmaceuticals.”

Clearly, this is not a good deal for UK business as the Prime Minister keeps alleging. The fact that we are still discussing it today—two months since its inadequacy was revealed before Christmas—rather than negotiating a better deal is harming businesses in the here and now. It takes only a quick Google search to see that businesses up and down the country are already delaying investment, implementing mitigation plans and, in some cases, cutting jobs and moving operations.

Significant manufacturers such as Bombardier, Rolls-Royce and Cobham have applied to come under the jurisdiction of regulators in other EU countries, and this week Aston Martin triggered its contingency plans—at an accumulating cost, according to its chief executive. Indeed, as we have been sat here today, Honda has announced that it is doing the same and implementing its contingency plans.

I am sure that the Secretary of State will quote some of the business organisations that have cautiously welcomed the Prime Minister’s deal, but I gently say to him that they are doing so with a gun held to their head. They have been presented with a false choice between this deal or no deal by a Government who are recklessly threatening the worst-case scenario and attempting to run down the clock. In fact, it is economic sabotage.

The will of this House has been clearly expressed. There is virtually no support for no deal, and it would therefore be unthinkable for the Prime Minister to proceed down that road. Indeed, according to media reports this morning, even the Secretary of State himself agrees with this principle. If this is true, political posturing in the media is simply not good enough. Will he assure businesses today that the prospect of no deal will be taken off the table?

This unambitious deal will not only hinder the UK in terms of trade, but risk a bonfire of the regulations that ensure that high standards are maintained. Members across the House will recognise the strength of feeling that our constituents have on Brexit. However, I can assure you, Mr Speaker—we have heard from many Members on this issue today—that none of them voted for the watering down of workers’ hard-won rights after we leave the EU. Unfortunately, however, despite assurances from the Prime Minister that

“existing workers’ legal rights will continue to be guaranteed in law”,

the TUC’s verdict is that the deal

“doesn’t guarantee jobs or rights at work into the future.”

Indeed, Thompsons Solicitors has stated that the so-called non-regression clause in the political declaration will be “ineffective” in maintaining workers’ rights, and the IPPR has stated that it is not sufficient to maintain current protections, individuals cannot even bring about proceedings and if the EU raises standards, the UK is permitted to simply fall behind.

Indeed, attempting to use all parliamentary levers to mitigate against—

[Caroline Flint]

Those of us who have put our names to amendment (p) realise that it is not perfect and that, like all other amendments, it is not legally binding. However, does my hon. Friend agree that whatever happens next Tuesday, if there is a willingness, we can open up discussion about how we can ensure, going forward, that we can, in law, see a way to enshrine the protection of these workers’ rights, and would she be willing to engage in such dialogue?

[Rebecca Long Bailey]

I thank my right hon. Friend for her comments. I can certainly state that the sentiment behind the amendment that she and various colleagues have tabled is to bolster workers’ rights and make sure that our workers’ rights in the UK do not fall behind those in the EU.

Domestic Gas and Electricity (Tariff Cap) Bill

Debate between Caroline Flint and Rebecca Long Bailey

3rd reading: House of Commons & Report stage: House of Commons
Monday 30th April 2018 Commons Chamber

[Rebecca Long Bailey (Salford and Eccles) (Lab)]

You will be pleased to hear, Mr Deputy Speaker, that I will be brief.

I thank all Members who have contributed to proceedings on the Bill and all members of the Public Bill Committee, who worked diligently and in such a consensual way. I particularly congratulate my hon. Friend the Member for Southampton, Test (Dr Whitehead), who over the past weeks and months has spent many hours working on not only this Bill, but a great many pieces of legislation. I thank the Public Bill Office and the Clerks for their tremendous support, as always.

Somewhat unusually, I am delighted that we are here to send a Bill to the other place in a speedy fashion. The Opposition will support the Bill’s Third Reading. However, the Minister and the Secretary of State, diligent as they are, may share some of my exasperation that wider Government inaction—shall we say?—and delay at the beginning of this Parliament has meant that millions of people are still suffering with big energy bills as the winter comes to a close.

The 2017 Conservative manifesto committed to implementing an energy price cap that would protect 17 million households. On 9 May 2017, the Prime Minister herself wrote of the cap in The Sun:

“I expect it to save families on poor value tariffs as much as £100.”

Yet the policy was thrown into doubt when the Queen’s Speech said merely that the Government would introduce

“measures to help tackle unfair practices in the energy market to help reduce energy bills.”

That was followed by numerous letters between Ofgem and the Secretary of State in which it was made clear that legislation was required, but the Government still did not introduce a draft Bill.

It was not until mid-October that we saw evidence of the Government’s commitment coming to fruition, but even then there were reports that some in the Cabinet had no intention of seeing legislation on the statute book. Thankfully, pressure from the Opposition, and indeed from Government Members, has ensured that the Bill has made progress. A price cap will therefore eventually be in place, but the fact sadly remains that in nine days’ time it will have been exactly a year since the Prime Minister wrote her commitment to energy customers in The Sun.

I am happy that we are here today—I commend the Minister and the Secretary of State—but it is disappointing to say the least that a year has passed and the cap is still some way from implementation. As a result, energy customers have not been protected during a winter in which we have seen some of the coldest weather on record. Prices have continued to rise, and in the past couple of weeks, British Gas has announced a 5.5% price rise, while EDF has announced a 2.7% rise.

My hon. Friend the Member for Southampton, Test and other hon. Members attempted to improve this Bill and help the Government to ensure that their own commitments were met. Sadly, although the Minister was very amiable, the Government did not accept many of the amendments.

[Caroline Flint]

May I add another couple of dates to help Members to understand how long it has taken to get us here today? I think that, as I get older, collective memory becomes an even more important asset. It was in October 2011 when the then Prime Minister, David Cameron, held a summit to tackle rising energy prices, and it was in October last year—six years later—when we finally heard talk of a Bill.

[Rebecca Long Bailey]

My right hon. Friend is correct. I share her exasperation and that of many Members on both sides of the House about how long it has taken to tackle this very serious issue.

Briefly, let me turn to some of the amendments that were discussed—Members will be pleased to hear that I will not go through all of them. Amendment 6 would have required Ofgem to ensure that the tariff cap conditions resulted in customers on standard variable and default rates having their annual expenditure reduced by no less than £100, as per the Prime Minister’s election promise. If the Government had accepted that amendment, it would have given energy customers confidence that the Government were serious about their commitment significantly to reduce the bills of millions of customers. However, the Minister said that she felt that the Opposition had been mischievous in trying to place a Government policy within a piece of Government legislation. I do not think that I need to say any more about that—we will not try to do so again.

After our discussions in Committee, we redrafted an amendment that we had previously tabled. Rather than proposing a hard stop date, amendment 5 would have simply ensured that the cap would be in place within five months of Royal Assent. Ofgem has stated that it will take five months from Royal Assent to implement the cap. It indicated that placing such a deadline in the Bill would not cause it a problem or hinder its process so, again, it was sad that our amendment was not accepted.

Similarly, new clause 1 would have developed requirements for a differential between a supplier’s cheapest and most expensive rates after the termination of the cap. That would have offered a degree of ongoing protection for consumers while wider market reform could take place.

I wish to pick the Secretary of State up on a statement that he made on Second Reading. He said:

“Britain has long been a pioneer in not only the privatisation and liberalisation of industries but the regulation of these utility industries, too.”—[Official Report, 6 March 2018; Vol. 637, c. 206.]

I am afraid that I have to take issue with him. Although I am pleased that the Bill is completing its final stages today, the necessity of the Bill in itself demonstrates the Government’s abject failure adequately to ensure that our UK utilities have been regulated. In the past year alone, £120 has been paid by every household in the UK for dividends to energy company shareholders. As I have said before, the six distribution network operators had an average profit margin after tax of 32% a year between 2010 and 2015, which equates to £10 billion over six years. During that time, shareholders received £5.1 billion in dividends, or half the net profit generated. In the past 10 years, water companies paid 1,000 times more in dividends than in tax. Three of them paid more in dividends than they made in profit in that period, which means that they were borrowing on the back of household bills to pay their shareholders. Radical reform of our energy market is needed—it is not optional, but necessary.

We have yet to see any response to Dieter Helm’s consultation on the cost of energy, which included many proposals for reform. Perhaps the Secretary of State will confirm when a response to that consultation will be published. It is urgent that we have such a response if effective competition is to be achieved by the end of 2020, or indeed by 2023, when the energy price cap will definitely be lifted.

I support the Bill and I welcome this Government action, but, as I have said, the cap is simply a sticking plaster. I hope that the Government will now act speedily and listen to the comments of Members about the wider reforms that our energy market requires.