All 2 Debates between Darren Jones and Stephen Timms

Tue 21st Nov 2017
European Union (Withdrawal) Bill
Commons Chamber

Committee: 3rd sitting: House of Commons

Budget Resolutions

Debate between Darren Jones and Stephen Timms
Tuesday 12th March 2024

(10 months ago)

Commons Chamber
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Darren Jones Portrait Darren Jones
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My hon. Friend is right. Ministers should answer this question and I am repeatedly giving them the opportunity to do so. What is the answer to the question? How will the Conservatives fund their £46 billion unfunded tax cut commitment? We can only assume, given that taxes are the highest they have been for 70 years and borrowing is the highest it has been for many decades, that further cuts must be coming from the Conservatives to our national health service and our state pension. The fact of the matter is that the Conservatives’ plan to abolish national insurance is not just fiscally irresponsible but morally abhorrent. In contrast, the Labour party will never promise to do anything it cannot pay for—[Interruption.] I seem to have woken them up on the Government Benches. I encourage them to continue to try to answer the questions we put to them.

Stephen Timms Portrait Sir Stephen Timms (East Ham) (Lab)
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My hon. Friend is making a powerful case on national insurance. Does he agree that the plan to abolish national insurance raises fundamental questions about the future of the state pension? Even if income tax were increased by 8p in the pound to pay for it, the question of eligibility for the state pension and other contributory benefits would be very difficult to address.

Darren Jones Portrait Darren Jones
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I thank my right hon. Friend, the Chairman of the Work and Pensions Committee, for raising that important and, I might say, obvious question. The public will want to know the answer. Why are Conservative Ministers not telling the Office for Budget Responsibility how they plan to pay for this £46 billion unfunded tax cut? When do they plan to do so? Why can they not tell the House today how they will pay for this £46 billion unfunded tax cut? The public will have to look at what the Conservatives are offering, and at their record in office over these past 14 years, and make a judgment call.

I started my speech by highlighting my concern for Conservative Ministers, given their obvious state of confusion, delusion and denial, but my real concern is elsewhere. My concern is for working people who are paying more in tax than ever before; for pensioners who are dragged into paying tax out of their fixed income for the first time; for families who are struggling with the cost of living crisis and seeing the economy going in the wrong direction; for our national health service that is now presumably at threat from the £46 billion unfunded promise to abolish national insurance contributions with no plan for how to pay for it; and for our country which, after 14 years of Conservative failure, is exhausted, on its knees and staring into the abyss.

We are all fed up with the weak leadership that the latest Conservative Prime Minister is offering our country. We are bored to the back teeth with the Conservative party’s chaos and infighting taking priority over the country. We want to get our economy back on track and our public services back on their feet, to close the book on 14 years of Conservative failure and to get Britain its future back. I have only one ask of the Conservative party today: to set the date for the general election.

European Union (Withdrawal) Bill

Debate between Darren Jones and Stephen Timms
Darren Jones Portrait Darren Jones
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Does my right hon. Friend recognise that if the European Commission makes a decision on equivalence, that recommendation has to go to a committee of information commissioners from the 27 EU member states, and it is for them to decide whether there is equivalence? As the Institute for Government says, when making their decision, they will check whether data adequacy is met by considering respect for fundamental rights and a scope for judicial redress. Both redress and respect are mentioned in the EU charter of fundamental rights, are they not?

Stephen Timms Portrait Stephen Timms
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My hon. Friend, who is a lawyer specialising in these matters, is absolutely right. I understand that the European Parliament also has a role in all this, and so there is a political dimension to it as well.

The position at the moment is that as an EU member state we can exchange personal data freely with others in the EU—Governments, businesses and individuals. The Under-Secretary of State for Exiting the European Union, the hon. Member for Wycombe (Mr Baker), told the Select Committee that the Government would seek to include data flows in the wider negotiated agreement for a future deep and special partnership between the UK and the remaining member states of the EU. I welcome that confirmation. However, as we keep on being reminded, we might not get a deal, so what then? If we do not get a deal and an adequacy determination, it will be unlawful to send personal data from the European Union to the UK, and, at a stroke, there will be no lawful basis for the continued operation of a significant chunk of the UK economy. I hope we all agree that we must avoid that outcome at all costs. Already, we hear that hi-tech start-ups that need access to personal data are starting to look at Berlin in preference to London because of the possibility that that problem might, in due course, arise.

The Government have argued that because we are fully implementing the GDPR, the Commission will be unable to find fault with UK arrangements even if we lose article 8. I have to say to Ministers that the UK technology sector does not agree, and my judgment is that it is absolutely right to be worried. The danger is not a theoretical one, as we see in the case of Canada. A very long-running series of negotiations has led to a pretty ambitious agreement between Canada and the EU, but Canada has only got a partial adequacy determination.

If we ended up with only a partial adequacy determination on data, it would be extremely damaging for the UK economy. The US arrangements known as “safe harbour” were famously struck down as inadequate by the European Court of Justice in a case brought by an individual Austrian citizen in 2015. That caused an enormous upheaval and led to the very rapid introduction of new arrangements in US regulation called “privacy shield”, which I understand are being called into question in a new case at the European Court of Justice by the same Austrian citizen.

The European Court of Justice is particularly sensitive about UK bulk collection of personal data. That issue featured prominently in the Appeal Court case, which we have touched on several times in this debate, brought by the right hon. Member for Haltemprice and Howden. The Court considered whether the powers in the Data Retention and Investigatory Powers Act 2014 went too far, allowing the state to breach personal data privacy, and concluded that the powers introduced by the then Home Secretary went too far. Article 8 of the charter, specifically, was the basis for that conclusion. If article 8 is no longer in UK law, it may make life easier for future Home Secretaries who wish to do the kind of thing that the previous Home Secretary tried to do, because they are much less likely to be found in breach. That rather bruising experience at the hands of the right hon. Member for Haltemprice and Howden may well be one reason why the Prime Minister wants to keep the charter out of UK law.