(2 years, 7 months ago)
Commons ChamberThe right hon. and learned Member is making a very powerful speech. On procedures, does he agree that there is a bigger point about Parliament’s governance structures? Our whole system of checks and balances is completely out of date. It is beyond ludicrous that the arbiter of whether the ministerial code has been broken is the person who is accused of breaking it—in this instance, the Prime Minister. Does the Leader of the Opposition agree that we also need a wider look at those governance structures, which are simply not fit for purpose?
I am grateful for that intervention, because it raises a very serious point. A lot of our conventions, rules and traditions are based on the principle of honour and on the fact that Members of this House would not, other than inadvertently, mislead the House. That is why the rules are set, and they are set on that proposition. If a Member of the House—whoever that is—does not abide by those honourable principles, we have that stress test of the rules.
(3 years, 3 months ago)
Commons ChamberI will make some progress and then I will give way.
Many Afghans have bravely sought to rebuild their country and they did so on a promise of democratic freedoms, the rule of law and liberty for the oppressed, including women and girls. They are our friends and that was our promise. They are now fearing for their lives. We do not turn our backs on friends at their time of need. We owe an obligation to the people of Afghanistan. There should be a resettlement scheme for people to rebuild their lives here, with safe and legal routes. It must be a resettlement scheme that meets the scale of the enormous challenge, but what the Government have announced this morning does not do that. It is vague and will support just 5,000 in the first year—a number without rationale. Was that based on a risk assessment of those most at need, or was it plucked out of the air? The offer to others is in the long term, but for those desperately needing our help now, there is no long term, just day-to-day survival.
Does the right hon. and learned Gentleman agree that as well as marking the need for a much bolder and more ambitious resettlement programme, this disaster must mark a turning point for our failed asylum system, in particular by getting rid of the so-called hostile environment and the Nationality and Borders Bill, under which a women fleeing the Taliban with her children on a boat across the channel would be criminalised? Does he agree that that Bill must now be revised?
I will come on to the specifics of the system. Yet again, the Government seem ill-prepared and unwilling, just as they have been too slow to provide sanctuary to Afghans who have served alongside Britain. There have been too many reports of eligible Afghans facing bureaucratic hurdles, and too many are being unfairly excluded. Having known for months that the date of withdrawal was coming, the Home Office is not close to completing the process that it has already got up and running. The process was designed to help 7,000 people, yet Home Office figures this week showed that only 2,000 have been helped so far.
(5 years, 1 month ago)
Commons ChamberI agree. I will develop that point in a moment, but I will take a further intervention first.
The former Prime Minister used to say that no deal was better than a bad deal. Does the right hon. and learned Gentleman share my concern that the current Prime Minister has just let it slip that this deal, heroically, manages to be both? It is a bad deal with a back door to no deal if no extension to the transition is agreed at the end of next year.
I agree, and that is a point that I will develop. In recognition of the previous Prime Minister, although she said that, I always felt that she had a profound sense of public duty, that she properly recognised the real risks of no deal, and that ultimately she would not have taken us there. I do not have that trust in the current Prime Minister.
(5 years, 2 months ago)
Commons ChamberI congratulate the right hon. and learned Gentleman on stressing the fact that this is not just a technical debate. The livelihoods and lives of our constituents are literally at stake.
On that subject, does the right hon. and learned Gentleman share my concern that my freedom of information request to the Department for Environment, Food and Rural Affairs on the impact on food supplies and the other risks of a no-deal Brexit was turned down? DEFRA confirmed it had that information on what the impact on food supplies will be, but apparently it would not be in the public interest to reveal it. Does he share my concern about that?
I am concerned about that, and I recall that that is where we started the journey last time, when we asked for impact assessments because freedom of information requests were not fulfilled.
Does the shadow Secretary of State share my anger and frustration at the way in which those words around taking back control have now been cynically reinterpreted to mean a reckless new Tory Prime Minister taking all the control for themselves and certainly not sharing it with the people—and much less their parliamentary representatives?
(5 years, 7 months ago)
Commons ChamberThat is a serious point. Before the Labour party surfaced its proposition for a customs union, we had long and hard discussions with the EU about the sort of customs union that we were considering—not the customs union, but a customs union—and we looked at the influence that now exists for EU members, and how one could devise a pillar that gave influence to a very close third party. I have stood at the Dispatch Box many times and said that that would not be easy, but that is why we have always said that we should have a customs union with a say. We have sought to discuss that with the EU, and it is telling that when we put our proposal to the Prime Minister, the EU was very warm about the possibility of negotiating it. I take the right hon. Gentleman’s point, but we have, I hope, addressed it in our approach to the customs union.
On motion (D), Labour’s preference remains the approach that we set out in the letter to the Prime Minister in January this year—that is, a customs union and single market alignment. However, we recognise that motion (D) has a number of similarities and could deliver a close economic relationship with the EU. The motion has been revised since the first phase of indicative votes and now includes further detail about the form of the envisaged customs arrangements, which have similarities with the approach that the Labour party has set out.
The motion does not specify that those arrangements should be permanent—that is our preferred option—but it does say that they should be in place at least until alternative arrangements can be found. There remain differences between our policy position and motion (D), but the motion would allow for close economic partnership with the EU. It is a credible proposition, and on that basis we will support it this evening.
Will the right hon. and learned Gentleman give way?
I will not, because I am trying to make some progress. We will support motion (E), because at this late stage it is clear that any Brexit deal agreed in this Parliament will need further democratic approval, and that is what the motion will provide. It will put a lock around any deal that the Prime Minister forces through at the eleventh hour, or any revised deal that comes about at this very late stage. It will ensure that any Tory Brexit deal is subject to a referendum lock. In other words, it upholds the principle that any such deal must be confirmed by the public if we are to proceed.
I want to finish by dealing briefly with motion (G). I understand why it has been tabled, and I have had the opportunity to discuss it with the hon. and learned Member for Edinburgh South West (Joanna Cherry) . Our focus today is on the way forward, and that is why we are supporting the three motions that I have mentioned. Motion (G) is, in a sense, a fall-back for if that exercise fails, so I understand why it has been tabled. We will not be voting in favour of it tonight, but we accept that it deals with an issue that the House will have to confront in due course.
(5 years, 9 months ago)
Commons ChamberI am going to make some progress. Labour’s amendment is intended to put a hard stop to running down the clock. It states that on 27 February the Government must put a deal to the House for its approval, or table an amendable motion so that the House can take control of what happens next. It is essential that we do so. Businesses are saying that they cannot wait any longer. They are putting off investment decisions, and they cannot tolerate the threat of no deal. They are making and implementing contingency plans, some of which are irreversible.
The right hon. and learned Gentleman is making a strong point about the perils of no deal. Does he agree that the Government’s position on no deal is not just criminally reckless, it is also plain stupid? The EU knows as well as we do that a no-deal scenario would hurt us an awful lot more than it would hurt it. Threatening to put a gun to our own head is not a clever negotiating strategy.
I agree and I am grateful for that intervention. That is really the point. If it is not credible that we can leave on 29 March without a deal, and it is not, it is actually not a negotiating stance at all. It has never been seen in that way and it does not work. It is just farcical to suggest that we have to keep up the pretence that we are ready because then the EU will back down. It is ridiculous.
Let us put some detail on this. We have heard the warnings from Airbus and Nissan about future jobs and investment in the UK. Yesterday, Ford, another huge UK employer, said that no deal would be
“catastrophic for the UK auto industry and Ford’s manufacturing operations in the country”,
and that it will
“take whatever action is necessary to preserve the competitiveness of our European business.”
(7 years ago)
Commons ChamberI am going to press on, because I have barely got a sentence in. I will give way later but I am really not making much progress at all.
The list of sectors was initially not disclosed, but it was then disclosed on Monday. In her freedom of information request of 30 August this year, my hon. Friend the Member for Feltham and Heston also asked for the scope and the terms of reference of each sectoral analysis. This request too has been rebuffed, in a letter of 29 September. This time, the Secretary of State’s Department relied on two grounds: first, that to disclose the terms of reference would prejudice relations between the UK and another state; and, secondly, that it would prejudice the formulation and development of Government policy. The first of those grounds seems a bit far-fetched, to say the least. The scope and the terms of reference are not even being disclosed.
The second of those grounds is surprising, coming from the current Secretary of State. Back in December 1999, he was Chair of the Public Accounts Committee when the freedom of information legislation was before Parliament. Then, when he was on the Back Benches, he intervened strongly in the debates. He said:
“I do not approach the issue from the perspective of a freedom of information enthusiast…my test is whether it makes democracy and government work better.”
He then said:
“The class exemption applying to all information relating to formulation and development of Government policy, including factual information, is a ludicrous blanket exemption.”—[Official Report, 7 December 1999; Vol. 340, c. 774.]
Today, from the Front Bench, he relies on that ludicrous blanket exemption that he rallied against from the Back Benches.
I shall now turn to the analyses and reports themselves. In a joint letter dated 11 October this year and supported by 120 Members, my hon. Friend the Member for Feltham and Heston and my right hon. Friend the Member for Tottenham (Mr Lammy) sought the disclosure of all the sectoral analyses. I salute their work in pressing the Government time and again on this issue. The Government have responded by saying that the impact assessments could not be disclosed because to do so would undermine the UK’s negotiating position. That is an important consideration, and I have accepted all along that the Government should not put into the public domain any information that would undermine our negotiating position. However, this requires some probing and testing.
The House will recall that when we, the Opposition, were calling for the Government to publish a Brexit plan this time last year, our request was initially refused. It was claimed that—guess what?—to do so would undermine our negotiating position. Thus, in an exchange on 7 November last year, my right hon. Friend the Member for Leeds Central (Hilary Benn) pressed the Secretary of State to reveal the Government’s plan. The Secretary of State said:
“It is no good creating a public negotiating position, which has the simple effect of destroying our ability to negotiate—full stop.”—[Official Report, 7 November 2016; Vol. 616, c. 1264.]
The Prime Minister then coined the phrase “no running commentary” and stuck to it like glue. And so it went on until 7 December last year, when we won an Opposition day motion calling on the Government to publish a plan. The publication of that plan has not undermined our negotiating position, although its contents might well have done so.
On the claim that any disclosure will undermine our negotiating position, I also bear in mind what the Secretary of State said to the House of Lords EU External Affairs Sub-Committee last night when he was pressed on this. He said:
“I don’t think you should overestimate what’s in them. They’re not economic models of each sector, they are looking at how much of it depends on European Union markets versus other markets, what other opportunities may be, what the regulatory structures are, all those sorts of things that inform the negotiation, but they are not predictions. So I wouldn’t overestimate what they are.”
Does the right hon. and learned Gentleman agree that we might ask how the Ministers even know whether the reports would undermine our negotiating position given that last week they told the Exiting the European Union Committee that they had not even read them? One does wonder why on earth they are now going to such lengths to protect them.
I am grateful for that intervention and will come to that very point. Playing down the significance of the reports last night, while playing up the need to keep them absolutely secret, is an interesting strategy that needs to be tested. The Government’s claim about not disclosing the reports or any part of them also raises some pretty fundamental questions. First, who has actually read the 58 reports? On 25 October, the Secretary of State, under questioning from the Brexit Committee, indicated that the Prime Minister will know the summary outcomes, but she will “not necessarily” have read them. Later in the same sitting, he indicated that the Cabinet had not seen the analyses, saying:
“They will have seen summary outcomes. That is all.”
The impact assessments that we are debating this afternoon have not been read in full by the Cabinet.
(7 years, 2 months ago)
Commons ChamberNo, I am afraid it does not. The Manual Handling Operations Regulations 1992, the Management of Health and Safety at Work Regulations 1999 and the Workplace (Health, Safety and Welfare) Regulations 1992 all post-date that, and in any event that does not deal with all the other rights I have mentioned.
The right hon. and learned Gentleman is making an excellent speech. On environmental standards, does he agree that there is another problem—a governance gap? With the lack of the ECJ and the Commission, there is nothing to enforce those environmental standards, and therefore we need a new legal architecture; judicial review is not enough.
(7 years, 11 months ago)
Commons ChamberI beg to move,
That this House recognises that leaving the EU is the defining issue facing the UK; notes the resolution on parliamentary scrutiny of the UK leaving the EU agreed by the House on 12 October 2016; recognises that it is Parliament’s responsibility to properly scrutinise the Government while respecting the decision of the British people to leave the European Union; confirms that there should be no disclosure of material that could be reasonably judged to damage the UK in any negotiations to depart from the European Union after Article 50 has been triggered; and calls on the Prime Minister to commit to publishing the Government’s plan for leaving the EU before Article 50 is invoked.
For months, Labour has been pressing the Prime Minister and the Government to set out their plan for Brexit. For months, the Prime Minister and a succession of Ministers have refused to do so, either in writing or from the Dispatch Box. Facing defeat on today’s motion, the Government have now caved in—last-minute amendments tell their own story and everybody knows it. This is a victory for common sense. I thank those from various Opposition parties who backed putting pressure on the Government to disclose their plan, and I thank the Conservative Members who, rightly, want to see far more detail about the approach their Front Benchers are intending to take.
Does the hon. and learned Gentleman acknowledge that, by accepting the Government’s amendment to his otherwise very good motion, he is falling into a Tory trap of binding his party to supporting the invoking of article 50 by March, which is an unrealistic and increasingly arbitrary date?
(8 years, 1 month ago)
Commons ChamberI beg to move,
That this House recognises that leaving the EU is the defining issue facing the UK; believes that there should be a full and transparent debate on the Government’s plan for leaving the EU; and calls on the Prime Minister to ensure that this House is able properly to scrutinise that plan for leaving the EU before Article 50 is invoked.
I will start with something I think we can all agree on. The decisions that will be taken by the Government over the next few months and years in relation to exiting the EU will have profound implications for the future of this country, its economy, its people and its place in the world. We have probably not seen a set of such significant decisions since the end of the second world war. Today’s debate is about the proper role of Parliament, and this House in particular, throughout that process. It is about scrutiny and accountability.
There was one question on the ballot paper on 23 June:
“Should the United Kingdom remain a member of the European Union or leave the European Union?”
The majority of those voting voted to leave. That result has to be accepted and respected, notwithstanding the fact that many of us, including myself, campaigned for remain. However, that is not the end of the matter. The next question, and one that is increasingly pressing, is: on what terms should we leave the EU? That question was not on the ballot paper. Nor was it addressed in the Conservative party’s 2015 manifesto—there was no plan B in the event of the referendum concluding with a leave vote. Nor did the Prime Minister set out her terms for Brexit before assuming office, because of the nature of the exercise by which she assumed that office. Nor do we have a White Paper setting out the proposed terms. Instead, hiding under the cloak of the prerogative, the Secretary of State has, until now, declined to give the House a meaningful role in scrutinising the Government’s opening terms for negotiations, and that matters.
I am glad to see that a Government amendment—amendment (b)—has been tabled. This implies that the Government are taking a step in the right direction towards scrutiny.
I am sure that, like me, the hon. and learned Gentleman welcomes the half U-turn from the Government, allowing a debate before article 50 is invoked, but what about an actual vote? I am concerned that the amendment does not mention a vote in this House before article 50 is triggered, and that is crucial.
I will come on to the important question of a vote, but let us take one step at a time.
There is scrutiny and there is accountability. The first question is whether the Secretary of State is prepared to put the plans before the House so that Members can see them and debate them. The next question is what the House can do about them, and that is a matter of accountability. I hope that amendment (b) indicates that the Government will go further down the route of scrutiny than they have been prepared to do so far. If they are, I will not crow about it, because it is the right thing to do and it is in the national interest. We all have a duty to ensure that we get the right result for the country.