European Union (Withdrawal) Bill

Daniel Kawczynski Excerpts

2nd reading: House of Commons
Monday 11th September 2017 Commons Chamber

[Ms Nusrat Ghani (Wealden) (Con)]

It is an honour to follow the hon. Member for Livingston (Hannah Bardell), who gave an interesting speech.

Without the iconic and much-loved bongs of Big Ben, the Palace of Westminster might appear to be diminished, but the European Union (Withdrawal) Bill will ensure that this Palace is more sovereign and more accountable, with or without its hourly chimes. The Bill will restore this nation’s sovereignty, the supremacy of this Parliament and the self-determination of the British people. The final word on law will be ours, and I am happy to trust the judgment of our Supreme Court rather than that of the European Court of Justice. The British people will ultimately be entirely in control of the direction of our country. If they do not like what they see here in Parliament and do not feel represented by their MPs, they can vote us out. That is not the case for unelected, unaccountable Eurocrats.

This Bill is the logical next step in leaving the EU—what the public have trusted us to do. The key point of this Bill is to provide certainty as to how the law will apply after we leave the EU. This is an unprecedented period in our history, which is why so much has been, and will continue to be, debated, but to vote against this Bill is purely political game playing and ignoring the will of the British public. The public have a right to ask objecting Members who argue against converting EU regulations and law into domestic law on exit day where their objections were when the laws were enacted in Brussels and enforced on us in the first place.

The Bill maximises stability and certainty, which is what our economy needs and what our businesses require and deserve. The Bill ensures that consumers have clarity about their protection, that employees have clarity about their rights, that businesses have certainty, and, fundamentally, that rights and protections are enforceable through the UK courts, which are renowned the world over.

Many Wealden businesses and farms from Hailsham, Uckfield and Crowborough have raised their concerns over EU red tape. Many Wealden businesses are small. Like the national average, only 5% export to the EU, but 100% are caught by red tape, which makes setting up, recruiting and exporting more difficult. Brexit and this Bill start an opportunity to create business and farming environments that work for all businesses, whether they are global or just local.

I impress on the Government the need to consult business representatives fully. In Wealden we have dozens of vineyards, many farms and cutting-edge science and tech businesses. They should be consulted and their concerns should be addressed. Consultation is key in these exciting times ahead for the UK outside the EU.

Brexit presents us with not only an opportunity to become a sovereign nation once again, but countless opportunities beyond our own waters. Negotiating as one country, we can strike free trade deals unhindered by the need to get the signature of 27 other countries. We will be able to agree our own terms with not just our friends in Europe, but the ambitious entrepreneurialism of the rest of the world. I cannot be the only Member who believes that the patronising, out-of-touch and out-of-date European elites need to get over their obsession that the future lies solely in western Europe. In reality, it is Asia, Africa and South America that are brimming with the skills, ability and talent that will shape this century. We have an exciting opportunity to trade in goods and expertise, and to help to share prosperity in not only this country, but these new emerging markets.

I seem to have an extra moment to speak, so I shall also touch on Michel Barnier, as the hon. Member for Livingston referred to him. Michel Barnier’s recent comments about our moral and legal obligations to support development in third-world countries has not gone down well in my constituency. As one of only five EU member states to meet the UN’s 0.7% foreign aid spending goal, and just one of four to meet NATO’s 2% spending target on defence, we will take no lectures from Brussels about supporting those less fortunate than us. My constituents want to know who are Brussels to talk to us about supporting developing nations when the common agricultural policy has for so long immorally and unfairly held African farmers back. Brexit allows us to treat Africa as equals and enables people there to decide their own destiny without financial discrimination from European elites.

Opportunities abound with Brexit. Although the media narrative and some Opposition Members suggest that it will be doom and gloom, I do not see things that way. I admit that some of what we hope for will be difficult, but I will never accept judgment for being ambitious for my country.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

rose—

[Ian Paisley]

Will the hon. Lady give way?

--- Later in debate ---

[Charlie Elphicke (Dover) (Con)]

I supported the remain side of the argument in the referendum, but my constituents listened politely to my advice and then two thirds of them voted to leave. A majority in this country voted to leave, so we have been handed instructions by the British people to leave the European Union and we need to respect the referendum result. This Bill is a key part of getting that ship under way. It is a process Bill that simply writes European law into our domestic legislation.

There are those who now say that we do not have enough scrutiny. However, it is strange that the European Communities Act has allowed all European law straight into our system since 1972 without any scrutiny in this House whatsoever. They did not complain about that, but they are suddenly worried about scrutiny. If we scrutinised and debated each and every one of the thousand statutory instruments and called them all in under the prayer motion procedure, we would do nothing between now and Brexit day but discuss the intricacies of writing bits of European legislation into our domestic legislation. I cannot speak for anyone else, but none of my constituents has asked me to do that. My constituents have not raised their determination for us discuss the minutiae and process of putting European legislation into our legislation. Has anyone else had a constituent say, “Between now and Brexit day I want you to discuss getting European law into our legal system”? I very much doubt it.

My constituents have asked me, “How can we ensure that we do not have to pay too much money? Does the EU have a legal case to demand money from us for the Brexit divorce bill? Does it have a case to demand £50 billion or whatever it is from us?” So I spent some time doing some research. I looked at the matter carefully with the eminent Martin Howe, QC, and we concluded that the EU has no claim at all as a matter of law. In fact, a compelling argument suggests that we are owed €10 billion by the EU for the return of our stake in the European Investment Bank, but we do not hear about that from the Opposition. We do not hear them making the case for scrutiny of the divorce bill to try to get some taxpayer value—not a bit of it.

Then, my constituents raised with me their concern about whether there might be queues on the roads to Dover and problems with trade when we leave the European Union, to which I say it is important that we are ready on day one, and that we are prepared for Brexit day, deal or no deal. That is a prime concern of my constituents, because gridlock at Dover means gridlock for the UK economy as a whole.

It is very much in the national interest that we focus on being ready on day one, but we do not hear about that from the Labour party, either. We do not hear any constructive ideas whatever about how we can be ready on day one, how we can make a success of Brexit or how we can ensure that we do not have to shell out too much taxpayers’ money. No, what the Labour party wants to do is scrutinise process, because it does not have a clue.

The people of Britain clearly said we should leave the European Union, and they gave a clear instruction that they want to end uncontrolled EU immigration. That means that, yes, we have to leave the European Union’s internal market. They gave a very clear instruction that they want our trade policy to be made in Britain, not in Brussels. Yes, that means we have to leave the customs union, but it does not mean we cannot discuss a free trade agreement with the European Union, and that is what we should be focusing our time on here. Rather than discussing process or the scrutinising of laws that already exist just so they can be written into our legal system, we should be discussing how we will have relations with the European Union in the years after we leave, because that is what matters to our constituents.

The prosperity of our people, the success of our businesses and the lifeblood of our economy is about making sure we foster international trade not just with the European Union but with the wider world. That matters because 80% to 90% of all global growth in the years to come will not come from Europe. Those are not my figures, and it is not my argument—they come from the European Commission in reply to questions raised in the European Parliament.

[Daniel Kawczynski]

Clearly we want to ensure a reasonable win-win trade deal with the European Union, but is my hon. Friend aware of reports that, if we fail to get that deal and we go to WTO terms, our Exchequer will benefit by £13 billion a year from the taxes charged on imports from the European Union?

[Charlie Elphicke]

My hon. Friend makes a powerful argument. There are those who say that we have to beg Europe for a deal. Last time I looked, the European Union had a £100 billion surplus on trade in goods with the United Kingdom. If there were tariffs, European exports to Britain would be hit by £13 billion, whereas our exports to Europe would be hit by only £6 billion. That shows why it is in Europe’s interest to do a free trade deal, and why it would be an economically illiterate act of self-harm by the European Union not to want to do a trade deal. If anything, a trade deal is more in the EU’s economic interest than it is in ours.

Those are the hard numbers, and that is where the House should be focusing. If we want scrutiny, we should scrutinise how we can reduce the divorce bill, ideally to nothing. We should scrutinise how we can make sure we have a positive relationship with the European Union in the years to come, how we can have free trade, how we can have trade across the rest of the world, and how Britain can be positioned to grow so that our sons and daughters can have the kind of future that they expect us to build for them. That is why we need to approach this positively and thoughtfully, and it is why we need to apply scrutiny to the things our constituents care about, rather than process.

European Union (Withdrawal) Bill

Daniel Kawczynski Excerpts

Committee: 1st sitting: House of Commons
Tuesday 14th November 2017 Commons Chamber

[Paul Blomfield]

I have said no. I want to give others the opportunity to speak. I took every single intervention in the previous debate—except perhaps from one of my hon. Friends towards the end of my speech—so I want to make some progress.

The Government have a choice to make today—[Interruption.] I wish hon. Members would stop chuntering. The Government have a choice to make, and they have to make it in relation to our amendment 278.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

You’re scared to have to answer.

[Paul Blomfield]

Oh for goodness’ sake. The hon. Gentleman can do better than that, even from a sedentary position.

[Daniel Kawczynski]

Just take my right hon. Friend’s intervention.

[Paul Blomfield]

No, having taken every single intervention in the previous debate, most of which came from Government Members, I have explained why, in the interests of other Members, I will not take interventions on this occasion. [Interruption.] The hon. Gentleman can chunter on.

As I was saying, the Government have a choice to make today—a choice about amendment 278. Are they serious about pursuing a transitional period and ensuring that the economy does not fall off a cliff in March 2019 when we leave the EU, or does their ideological red line on the Court of Justice take greater priority than the jobs and livelihoods of people in this country?

Other issues relating to clause 6 also need addressing, and amendment 306 would provide for UK courts to take account of Court of Justice decisions on entitlements, rights and protections on employment, equality and health and safety. The intention of this amendment is to help to ensure that we maintain and keep up with social standards within the EU and do not simply hold workers’ rights and equality in stasis as the EU27 moves forward. Indeed, the EU has made it clear that it will want a level playing field in all those areas if we are to strike an effective trade deal. We are regularly told that the Government do not want to erode rights and protections, but we have a Prime Minister who has repeatedly criticised the social chapter and a Foreign Secretary who has decried the “back-breaking” weight of EU employment regulation, so we need to ensure that we secure clear guarantees in the Bill.

Amendment 306 also addresses the concerns of the former President of the UK Supreme Court, Lord Neuberger. On 8 August, he raised concerns about clause 6(2) and the position in which it will leave the judiciary on the interpretation of EU retained law. Clause 6(2) states:

“A court or tribunal need not have regard to anything done on or after exit day by the European Court, another EU entity or the EU but may do so if it considers it appropriate to do so.”

On which Lord Neuberger said that if the Government

“doesn’t express clearly what the judges should do about decisions of the ECJ after Brexit, or indeed any other topic after Brexit, then the judges will simply have to do their best. But to blame the judges for making the law when parliament has failed to do so would be unfair.”

Amendment 306 would address those concerns by removing the vague reference to

“if it considers it appropriate to do so”

and by requiring UK courts simply to take account of CJEU decisions in relation to employment, equality and health and safety rights. Lord Neuberger was right to flag that deficiency in the Bill, which we need to resolve.