(4 years, 4 months ago)
Commons ChamberOn a point of order, Mr Deputy Speaker. Forgive me; I might have missed the reason why are we are not going to be able to divide on new clause 31, but I would be grateful if you could explain it to me. I have today become the longest serving Member for Reigate since the Great Reform Act, so I might have missed one or two things that are going on, but I would be obliged if you could tell me why we are not going to have the opportunity to divide on new clause 31.
I thank the hon. Member for his point of order, but I think we have to wait until the end of the debate before these decisions are made.
(6 years, 11 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
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The hon. Lady makes a point that is, I am sure, supported by many members of the public. I said at the beginning of the process more than a year ago that I would be unusually courteous and polite to the other side in this negotiation. I will continue to be so, because that is the best way to advance the British cause.
Yesterday’s difficulties demonstrate how hard it will be to get an overall agreement. If there is no trade agreement, there will be no transition period beyond 2019. Will the Secretary of State ensure that the necessary contingency planning takes place in case that happens, and that that planning includes identifying the best way of making sure that the border between the north and south of Ireland is as soft as possible?
I think I said to my hon. Friend when he was Chair of the Foreign Affairs Committee that we had a great deal of contingency planning under way to deal with all options, from the option we are seeking—the free trade agreement—right down to the option we are not seeking, which is no agreement. That is the whole range, and we are looking at and planning for all those outcomes. More than 150 projects are already under way, and there will be more.
(7 years ago)
Commons ChamberI hope so. The right hon. Gentleman refers to “everybody involved”, and one of the major successes of the October Council was the fact that the Commission team—the so-called taskforce 50—was told to prepare for that. A moderately complex policy has to be put in place. It has a number of mildly contentious areas, so the team needs to be ready for it. The process is under way, and if we get the decision in December, we will deliver, I hope, on what I said to the Select Committee.
Did my right hon. Friend understand, as I did, that the Opposition spokesman expressed sympathy for the Government’s position on the question of the Irish border, and identified that the Irish Republic’s success in getting the 27 members of the European Union to line up with its position on the customs union has placed the talks in an impossible position that, if this is not resolved over the next two weeks, may very well mean that they do not go forward? As my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) made clear, we therefore need to prepare.
To be fair to the Labour spokesman, I think he was agreeing with the position laid out by the Government and that the issue is incredibly sensitive. I think he is being very responsible in that regard. My hon. Friend is right in one respect: if this process does not start early, and does not deliver a free trade area and a customs agreement, it will be much more difficult to resolve the border issue. We will still do so, but it will be much more expensive, much more difficult and politically more problematic. The best way to proceed is with fast progress in the next few weeks.
(7 years, 2 months ago)
Commons ChamberLet us start with a correction. I am sure the hon. Lady is not intending to mislead the House, but on television yesterday I corrected Mr Andrew Marr twice when he tried to say I had called Michel Barnier silly. I hope she will understand that that is not true. It does not help the negotiation to throw those bits of fiction into play.
The second thing I would say is that we are being as open as it is possible to be in terms of the information on this negotiation, subject to one thing, which is that we do not undermine the negotiation or give ammunition to the other side that is useful to them in the negotiation. That is the principle we will continue with.
Does the Secretary of State agree that the progress of the negotiations is entirely unsurprising, given the framework within which Michel Barnier is having to operate, as laid down by the European Council? It is only when we get to October, and it takes a decision to consider what the Opposition spokesman called phase 1 and phase 2 together, that we can begin to make real and serious progress.
My hon. Friend is right that the mandate structure is rigid; it does make it difficult for Mr Barnier and his team to be as flexible as they might want to be. It will be the point at which the Council starts to take a steering role in this that indicates a change in speed. That may well be October, but it may well be dictated by other events—as my hon. Friend the Member for Harwich and North Essex (Mr Jenkin) said earlier, the German election will have an impact, and other political issues in Europe will have an impact. And the process will go at varying speeds. As I have said from the beginning, this is going to be a turbulent process: there will be times when there are ripples, there will be times when it is smooth and there will be times when it is very stormy. We must be ready for that, because this is going to be a negotiation about big issues between major states, and these things are never serene.
(7 years, 8 months ago)
Commons ChamberAfter a commendation like the one with which the right hon. Gentleman started, I think my career is over.
The right hon. Gentleman is half right and half wrong. What the Prime Minister was referring to yesterday was, of course, the importance of either maintaining something very similar to, or putting in place a replacement for, the justice and home affairs strand of the European treaties. He is right in one respect: if we are to exchange data with not just the EU but other countries, such as the United States, we will undoubtedly need data protection, such as data laws and privacy protection, that meets their standards. The Bill will ensure that we get to that point on the day we leave the European Union and can therefore continue to exchange data. There is no doubt that there will be continuing discussions thereafter about how we maintain all our standards at the same level. However, that will be with not just the European Union, but all our allies, whether America, Canada, the “Five Eyes” —everybody.
Will the Secretary of State confirm that the directives to which the right hon. Member for Sheffield, Hallam (Mr Clegg) referred are already in British law? We are talking here about what the Foreign Affairs Committee counted as the 6,987 regulations that must be applied in British law through the Bill. Will we have an opportunity to examine a number of the directives—the insolvency II directive, for example, which imposes significantly more costs on the equity release industry in the United Kingdom than a British law would—within the time limits that he will ask the House to apply to this legislation?
My hon. Friend’s general point about the directives is right, and his specific point is right, in the sense that the whole point of the process is to bring such matters back to the United Kingdom. We will not by any means change everything—indeed, we will not want to change everything; we might want, as our own national decision, to maintain some parallel standards—but those matters will be brought back to this House of Commons, and we will make the decision on what is best for this country.
(7 years, 10 months ago)
Commons ChamberMy answer to the hon. Gentleman—another old friend—is, “Of course.” I have spent a very great deal of time speaking directly to the Scottish Government, and the Welsh Government and the Northern Irish Executive too. I consider it incredibly important that in this process we protect the interests of the people he represents—the people of Scotland—in this negotiation.
I welcome the Secretary of State’s commitment to giving as much information as he can to the House and its Committees. Given that, could he explain why the Government are not providing any evidence to the Foreign Affairs Committee’s inquiry into the practical consequences of leaving the European Union after two years with no agreement in place—an outcome that is a distinct possibility, and one over which the Government cannot command the outcome? Surely it would be best for the country and for every single company in the land that will be affected by this to understand the consequences as clearly as possible, so that they can plan for it.
As I said, we will provide as much information as we can. However, this is a question of a negotiation, and we do not know where the end game will be. Even the rather stark example that my hon. Friend cites might have different aspects. He is presumably talking about the trade aspect, but there is also, for example, justice and home affairs. There are so many different things to assess that it would be, frankly, nothing more than an exercise in guesswork at this stage.
(8 years ago)
Commons ChamberI did not hear the Secretary of State for Communities and Local Government speak. I have seen—[Interruption] Wait a minute. I have seen some of the reportage of it. I say to the right hon. Lady that we can respect the judiciary’s independence and disagree with the conclusion that it arrived at—that is perfectly proper within our country.
Will my right hon. Friend confirm that, like the European Parliament under article 50, this Parliament will have a vote on any prospective deal with the EU 27 at the end of the negotiations, and that although it is very important that he informs his negotiating position by consulting all shades of opinion and interest in the country and in this House, our decision will be at the end of this process, not at the beginning?
My hon. Friend is right. I have said to the House on a number of occasions that we will—I have used the same formula—obey all the laws and conventions. He will know that that includes, for example, the Constitutional Reform and Governance Act 2010 and other Acts, including the European Union Act 2011. Before then, as I have said already, we will have the great repeal Act, which will be a major Act debated at length in this House, with possible consequential legislation, which may also be amendable. There is both a ratification process at the end and an amendment process along the way.
(8 years, 1 month ago)
Commons ChamberThe right hon. Lady had an opportunity about half an hour ago to make that point directly to the Home Secretary, but I will draw it to my right hon. Friend’s attention. That is the best thing I can do. The simple truth is that I am concerned if people are afraid for their position in this country, and we will put that right as soon as we can.
My right hon. Friend will understand and probably appreciate the irony that the more successful he is in delivering a negotiation that meets the mutual interests of ourselves and the 27, the greater the political challenge for the 27, as it will be seen as rewarding the United Kingdom for Brexit. That opens the rather obvious possibility that at the end of the negotiations they may be blocked, either by a qualified minority on the Council or by the European Parliament. I welcome his undertaking to deliver certainty and clarity where he can, but what plans does he have to enumerate publicly the implications of having no deal at the end of two years of negotiations?
What I say to my hon. Friend at this point is that if the European Union adheres to a punishment plan and it fails—as I believe it would—that would be an even bigger incentive to countries that want to leave than no punishment plan at all. The approach that is being talked about would put at risk the stability of the European Union, which has financial instabilities of its own, and it should take that seriously.
(8 years, 2 months ago)
Commons ChamberI can tell the right hon. Gentleman that that is already happening. Officials in my Department and other Whitehall Departments are working with officials in the Northern Ireland Office to proceed on what will actually be one of the more difficult elements of the negotiation, because we do have to deal with the issue of the border, keeping it open and not returning to the recent past. I also agree in some depth with his statement that this is a national decision—that the whole British nation, the whole United Kingdom nation, has decided on this. Whilst we will seek—I look at the Scottish nationalist Benches when I am saying this—to meet and protect the interests of every part of the UK, that does not mean any part of it will have a veto on this, least of all for partisan reasons.
I welcome my right hon. Friend to his responsibilities and further welcome his agreement to appear before the Foreign Affairs Committee next week in order to provide further follow-up to this statement. Does he share my assessment that there is a key foreign affairs, security and defence interest for our 27 EU partners in finding continuing engagement with the UK after Brexit?
My hon. Friend the Chairman of the Foreign Affairs Select Committee is right, and this is fundamental to one of the points I was making in my earlier remarks. There are very strong security, foreign affairs, foreign policy and environmental relationships, and a whole series of other relationships, that will continue to apply long after we have left the EU, to the benefit of both the EU and the UK.
(8 years, 10 months ago)
Commons ChamberI know that my hon. Friend has done a significant amount of work on this and that he, too, has been trying to use his influence in the right direction. He kindly sent me a message saying that he has been working to make sure that we do not do something really daft on this issue. He is, of course, loyal to Conservative Front Benchers, as am I—or I try to be—but we may differ on how to influence them. I will not be party to something that I know is, frankly, really foolish by voting for such a piece of public policy.
The issue is about supply. The policy might put someone like me into the hands of criminals if he wanted to get a supply of something that he used to think was perfectly okay. Under legislation that I think is absurd, someone like me—obviously not me, because I will, of course, respect the law of the land—might be so minded, and would then find himself in the hands of those who supply everything with which they might conceivably tempt people.
It is manifestly stupid to go down the path we are going down. Let us get the evidence; if the Government then come forward with a case that convinces the Chairman of the Home Affairs Committee and his colleagues, we can then discuss the issue in due course. Please let us not have a ban.
Supply does seem to me to be a very grey area. I understand that the policy is not intended to victimise current users, but it puts them in a position—dealing with a criminal—in which they might be susceptible to blackmail if they are a public figure. It seems to me that it will criminalise people whom it does not intend to criminalise.
(10 years, 9 months ago)
Commons ChamberMy hon. Friend has a point. I do not want to broaden the debate to include all police issues, but he is right. ACPO is badly constituted and should never have been set up in the way that it was. There are signs that ACPO should have done more to lead firmly. We saw that in the west midlands cases, where the various chief constables were perhaps not as strong in upholding justice as they should have been.
That brings me to the federation itself. I am talking primarily about the national federation, but also about some of the regions. I say that because some of the local federation organisations do a very good job on very thin resources to represent, as they properly should, the interests of their members.
Nevertheless, there are many criticisms to level at the federation, including that it is inefficient and wasteful. There is a duplication of tasks and structures. It is profligate, spending its members’ money on grace and favour flats and on huge bar bills. It is badly governed, with no apparent strong leadership to guarantee direction and stability. It behaves in a manner that sometimes brings police forces into disrepute by pursuing personal and political vendettas—the sort of things to which my hon. Friend the Member for Enfield, Southgate (Mr Burrowes) has referred—against prominent public persons and bodies, and legal actions against private citizens, sometimes even the victims of crime.
After the Police Federation’s attack on my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell), the view of the public, and damningly of the federation’s members, was that the federation had to change.
Given my right hon. Friend’s reference to our right hon. Friend the Member for Sutton Coldfield (Mr Mitchell), will he comment on today’s front page of The Times, which I am sure he has seen?
I do not want to widen the debate and have a rerun of the Mitchell case, but I should say a couple of things about it. The House knows full well that I did not approve of the Leveson process—I strongly believe in a free press—but even I am astonished that, after Leveson, a police force has yet again leaked with an incredible spin a confidential document to which the victim in the case, my right hon. Friend the Member for Sutton Coldfield, has not had access. First, I expect the Metropolitan Police Commissioner to have a proper leak inquiry into that—I have told him that this morning. Secondly, an astonishing interpretation was put on the leak. The leak shows that an officer, four hours after attempting to stop my right hon. Friend going through the main gates of Downing street—this did not happen in a panic or a rush and was premeditated—wrote to his seniors not to say, “We have a security issue. Will somebody please have a conversation with Mr Mitchell to ensure he understands that we cannot let him through?”, which would have been the proper thing to do and what hon. Members would have done, but to set up a circumstance in which the situation would be resolved by a public confrontation at the front gate after the officer had ensured that his seniors supported him in doing so. If anything, that reinforces the story we were told by an anonymous whistleblower that this was a premeditated action. Today’s press coverage is not a good reflection on the police in two ways: it undermines their main case and it is something that they simply should not have done under these circumstances.
If the House will forgive me, I will try not to rest too much on the Mitchell case, because it is just one of many in which we have reason to be concerned about the role of the federation.
(12 years, 7 months ago)
Commons ChamberI beg to move,
That this House takes note of European Union Document No. 5833/12 and Addenda 1 and 2, relating to a Draft Directive of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data; and supports the Government’s recommendation not to exercise its right to opt out of this draft Directive under Protocol 19 of the Treaty on the Functioning of the European Union (The Schengen Protocol).
The motion stands on the Order Paper in my name and that of my right hon. and learned Friend the Lord Chancellor.
I welcome the opportunity to debate the proposed data protection directive, which the European Commission published on 25 January. The directive would repeal and replace the 2008 framework decision on data protection in the police and criminal justice sector. It is an important instrument for law enforcement in this country and across the European Union, and it is right that this House is given the opportunity to consider the effect of the proposals on both the security and the freedoms of UK citizens. The debate fulfils the commitment made by my right hon. Friend the Minister for Europe to seek Parliament’s views on an opt-in decision in justice and home affairs matters, as well as opt-out decisions under the Schengen protocol, and I am keen to hear the views of right hon. and hon. Members.
In the Ministry of Justice’s impact analysis, the summary is that the overall impact is
“likely to be substantially negative”.
Given that, can the Minister explain why he does not want to opt out?
I will deal with that, but in deciding whether to exercise the opt-out, the Government looked at the most pessimistic reading of events. The conclusion to which my right hon. Friend refers has been before the European Scrutiny Committee, but that impact assessment does not take into account some of the consequences that would flow if we exercised an opt-out. I shall talk about those consequences later in my speech, but they include negotiating all the bilateral data protection arrangements that would be required were we not party to the directive.
Having held the responsibility of Europe Minister, my right hon. Friend, of all people in this House, will understand the complexity of the legal basis—complexity that has increased considerably since he and I were serving in the Foreign Office together, I as a special adviser and he as a Minister. If he will forgive me, I will get my arguments on the record, give right hon. and hon. Members the opportunity to contribute in the light of that, then respond to their remarks at the end of the debate. I will therefore resist taking too many interventions. This area is complex enough without adding further to that complexity—