United Kingdom Internal Market Bill
David Linden Excerpts(4 years, 2 months ago)
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David Linden (Glasgow East) (SNP)
This is the first opportunity I have had to speak on the Bill, which I have profound concerns about, so I want to use the early part of my remarks to lay out my clear objections to the Bill. After that, I will seek to address part 5 of the Bill, which is the focus of our line-by-line scrutiny tonight.
Like many colleagues from Scotland, I have grave concerns that the Bill is not only a slap in the face to the rule of international law but undermines the very foundations of the devolution settlements, which are so precious to Scotland, Wales and Northern Ireland. That should not surprise the people of Scotland, who witnessed the Tories campaign vehemently against devolution in the 1997 referendum. The truth is that the Conservatives and this Prime Minister in particular have never respected the devolution arrangements. As my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) reminded the House last week, it was a former Daily Telegraph writer who wrote a tirade against devolution, saying:
“Devolution is causing all the strains that its opponents predicted, and in allowing the Scots to make their own laws, while free-riding on English taxpayers, it is simply unjust.”
That former Daily Telegraph writer was, of course, the current First Lord of the Treasury, the Prime Minister.
From the outset, I absolutely reject the Bill and will vote against it at every opportunity until it is foisted on to the statute books by a Tory Government that people in my country never voted for. But let us be crystal clear about the draft legislation before us and the consequences of it receiving Royal Assent. For a start, the Bill would undoubtedly lead to a race to the bottom on food and environmental standards. Indeed, it creates more, not less, uncertainty for businesses and makes the case that the only way to truly defend the Scottish Parliament is with the normal powers of independence.
I am long enough in the tooth to know that Committee of the whole House means that my remarks have to be focused on the specific clauses at hand, so I will not test your patience much longer, Dame Rosie, and will seek to focus on part 5 of the Bill. Indeed, I will make specific and limited references to clauses 40 to 45, but in doing so, I wish to indicate my support for amendments 27, 31 to 40, 44, 80, 88 and 89, in the name of my hon. Friends on the SNP Benches, and I will also support new clauses 5 and 6 if they are put to a Division.
I want to first deal with the issue of breaching international law, which has been the source of much debate this evening and in recent weeks. Since this is the first time that I have participated in proceedings on the Bill, I have had the opportunity to watch all of this play out, particularly on Second Reading last week, and I am still not quite sure what to make of it, if I am truly honest.
Part of me still finds it jaw-dropping and astonishing that the Conservative party—once the party of law and order—is now openly flouting international law. But then I realise that we have been here before, because this is a Government and a Prime Minister who do not respect or uphold the law. It is a timely reminder of the events this time last year, when my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry) forced the Government into the Supreme Court, which found their actions to prorogue Parliament “unlawful”, so should we be surprised at this Government putting two fingers up to the judiciary? Ministers need to think again, not just because it is morally wrong to break the law, but because it is also a clear breach of the ministerial code. David Anderson QC was bang on the money when he said:
“The Ministerial Code still mandates compliance with international law, despite a change to its wording, as the Court of Appeal confirmed in 2018”.
However, the controversy surrounding the clauses before us tonight is not just about upholding the rule of law, which is surely the most basic thing we would expect from a permanent member of the UN Security Council. Pushing ahead with this madness will have an impact for post-Brexit Britain on the world stage. What does it say about a post-Brexit global Britain that its first act as an independent state is to tear up the rules-based order? I would argue that it sends a clear signal that Britain under Boris is giving two fingers up to not just international law but peace on the island of Ireland, and that is what worries me most about all this. Tory Ministers and Back Benchers appear, once again, to be playing fast and loose with Northern Ireland, with little understanding of the consequences for the fragile communities over there, or indeed for the knock-on effect on trade.
We know that pressing ahead with this reckless act is a sure-fire way of torpedoing any chance of a trade deal with the United States. How do we know that? Because the Americans have said so already. Take Nancy Pelosi, the Speaker of Congress, who said:
“The U.K. must respect the Northern Ireland Protocol as signed with the EU to ensure the free flow of goods across the border. If the U.K. violates that international treaty and Brexit undermines the Good Friday accord, there will be absolutely no chance of a U.S.-U.K. trade agreement passing the Congress.”
Most of us know that playing fast and loose with the Northern Ireland protocol, as the Bill proposes, will not end well, but imagine my surprise when I saw some tweets from the right hon. Member for Wokingham (John Redwood) suggesting:
“Trade deals are nice to have but not essential. We didn’t have a trade deal with the USA when in the EU. Getting back full control of our laws, our money and our borders is essential.”
I am a bit confused, because one caucus of the Tory party, headed up by the International Trade Secretary, says that Brexit is all about new opportunities for trade, and Brextremists such as the right hon. Gentleman say that trade deals are nice but not essential—all the while the Government are playing fast and loose with peace on the island of Ireland.
The fact is that the Bill, and specifically the three clauses before us, are a clear advert for what Brexit Britain looks like: playing peace with Northern Ireland; riding roughshod over devolution; a race to the bottom on food and environmental standards; and two fingers up to upholding the rule of law. People in Scotland can see that it is an advert for post-Brexit Britain, and do not be surprised if they trade it in for independence and take back control the next time Scotland has the opportunity.
Damian Green (Ashford) (Con)
It is a pleasure to follow the hon. Gentleman. It is a sign of how fast moving these debates are that when I put into speak this evening I intended to support amendment 4 in the name of my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), but before I got the chance to speak he had already indicated his intention of withdrawing it. He is doing so for the best of reasons. It was an excellent amendment, and I am glad that the Government have said that they agree with the thrust of it, so we can discuss a different set of points.
I know that many of my friends and colleagues abstained or voted against the Bill on Second Reading because of their doubts about part 5. I voted in favour because I think that the other 50 clauses are excellent and essential. The UK internal market is key to the future prosperity of people in all four countries of the United Kingdom, and the principles of market recognition and non-discrimination are at the heart of the future prosperity of our citizens in all parts of the UK.
However, I shared the doubts that many had about clauses 42, 43 and 45—the essential parts of part 5 of the Bill—and I was quite shocked to hear a Secretary of State say that the UK Government were planning to break the law, even in a specific and limited way. I had not ever expected to hear any Secretary of State say that, particularly not a Conservative one, so I am genuinely delighted that the Government have taken over my hon. Friend’s amendment. I think that is a wise and pragmatic thing for the Government to have done, and I am glad to have played my part in the talks that led to it.
It is important that the House recognise that this is more than just kicking the can down the road, if I can revive one of the great clichés of 2018 political debate. The Government amendment needs to be put in context with the public statement that the Government have made on gov.uk and, indeed, some of the words that the Minister uttered in opening this debate, when he made it clear that Parliament will be asked to support the use of the provisions in the clauses, and any similar subsequent provisions, only in the case of the EU being engaged in a material breach of its duties of good faith and, in the Government’s view, thereby undermining the fundamental purpose of the Northern Ireland protocol, and giving examples of what that would involve.
It seems to me that, despite the various attacks on the Bill that we have heard, the case is now straightforward. If the Government can convince the House that those on the other side in the negotiations have broken the rules, they can proceed. At that point, the Government have said, the dispute resolution procedures in the withdrawal agreement will come into force, which I think is another sign of legal action. But the key point is that the Government will have to make the case to this House that the EU has broken the agreement, not the UK. I am absolutely sure that that proposition will provoke a lively debate in this House, and indeed across the channel, but in the light of that debate we will then decide and we will make the law. If the Government cannot make the case that they are behaving properly, proportionately and legally, they will not convince the House. It seems to me that that is how law making should happen in this parliamentary democracy.
This is where I part company with my right hon. Friend the Member for Maidenhead (Mrs May), who made a passionate and powerful speech. She said that there was no difference between the Executive acting and Parliament acting, but I do not think that is true. I think that there is much greater force in action taken knowingly by the House of Commons, particularly in this context, when it is considering whether the Government are acting lawfully. Putting that power in the hands of the House of Commons is democratically proper and therefore legally proper.
The Northern Ireland clauses of the Bill have not had an easy passage, for good and serious reasons, but we are now in a much better place with them than we were a week ago, and I am now happy to support the Government on this and on the Bill more generally.
Oral Answers to Questions
David Linden Excerpts(4 years, 6 months ago)
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The Prime Minister
As ever, I hear what my hon. Friend says about the Electoral Commission. What I can say is that, for the people who were investigated, I hope that all those who spent so much time, energy and effort drawing attention to their supposed guilt will now spend as much time and energy and ink and air time drawing attention to their genuine innocence.
David Linden (Glasgow East) (SNP) [V]
The Prime Minister
The hon. Gentleman draws attention to a very important issue. We will make sure that nobody in this country, let alone asylum seekers, is ill-treated. I shall certainly be investigating the matter to which he refers, but am happy to write to him.
European Union (Withdrawal Agreement) Bill
David Linden ExcerptsWednesday 8th January 2020
(4 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 8 January 2020 - (8 Jan 2020)
Mr Walker
We have always taken the interests of Wales, Scotland and Northern Ireland very seriously in this process. We have always engaged. I have personally been to the Welsh Assembly on a number of occasions to give evidence.
The conduct of international relations is reserved to the UK Government, so representation at the Joint Committee, the specialised committees and the joint consultative working group is a matter for UK Ministers. However, I recognise the particular interests of the Northern Ireland parties given the role of these committees in the protocol, and this is a matter we would like to discuss further with the parties in a restored Executive. However, it would be wrong to pre-empt such discussions in this legislation. As such, I would urge hon. Members not to press new clauses 22, 26 and 42.
New clause 66 would require the Government to report to the devolved Administrations—
Mr Walker
No.
New clause 66 would require the Government to report to the devolved Administrations on maintaining alignment with EU law, but devolution settlements already lay out the terms under which devolved Administrations can make law, while the common frameworks provide a forum for intergovernmental deliberation on the use of these powers. This new clause is therefore unnecessary.
Mr Walker
My right hon. Friend is of course right that people across the whole of the United Kingdom, including in England, voted for Brexit, but we should not forget the large numbers of people in Scotland, the almost 1 million people in Northern Ireland and those in Wales who also voted for Brexit.
David Linden
I am most grateful. Earlier, the Minister talked about respecting the devolved Administrations and listening to what they were saying, so can he tell me what the Government have actually done with regard to the words in the 2016 document, “Scotland’s Place in Europe”?
Mr Walker
I have answered that question many times. I am very happy to talk about many of the aspects of the political declaration that reflect some of the concerns raised in “Scotland’s Place in Europe”, but that is not a matter for this debate.
On the important question of child refugees, which the hon. Member for Bristol West spoke about at length and with commendable passion, this Government are fully committed both to the principle of family reunion and to supporting the most vulnerable children. Our policy has not changed. Although she said that she had heard no whisper of negotiations, I can confirm that the Home Secretary wrote to the Commission on 22 October to start negotiations with the European Union on future arrangements. We will also continue to reunite children with their families under the Dublin regulation during the implementation period. As my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) made clear, there is very strong support on the Government Benches for the principle of family reunion.
Claire Hanna
I do agree. In fact, I have been surprised to find myself in the same Lobby as the hon. Member several times today. That is how important these issues are to protecting jobs, consumers and our economy. He and I come from a place that has an emigration problem, and that problem is young people feeling the need to leave for opportunities elsewhere. That we have EU workers making their homes and paying their taxes where we live contributes to and enriches our economy, our community and our cultural lives. Everything must be done to protect those already feeling the cost of Brexit.
We spoke about the economic impact earlier, but I have spoken to EU citizens in my constituency who are already feeling the chill. Perhaps they are already being passed over for jobs or promotion because their employers do not know whether they will even be allowed to work here next year, or are asking, “Will I have to fill in lots of forms in order to continue to employ you?”
As I have said, we have covered an array of issues which have been set out very well by a number of Members, including the issue of child refugees. I do not mean this as an insult, but in many ways Conservative Members are the dog that caught the car. They have been chasing Brexit for a very long time, and now they have it. They have the numbers to get it done, and with that comes a duty to protect people from it. I do not believe that there is any good way to do Brexit, but they have those numbers, and they have that duty to take the roughest edges off it for the most vulnerable people.
David Linden
It is an honour to follow the hon. Member for Belfast South (Claire Hanna). I agreed with much of what she said.
I refer Members to my new clause 56, entitled “Implementation period negotiating objectives: annual celebration of Europe Day”. Unfortunately it was not selected by the acting Chairman of Ways and Means—[Interruption.] The Minister is chuntering, which is unusual for him. Members of the European Research Group, in their infinite wisdom, talk of Big Ben chiming away on 31 January, but if the Minister and the Government are serious about a strong future relationship with the European Union, it is important for them to consider our suggestion that an oral statement should be made on Europe Day, and that European flags should be flown above Government buildings.
Alan Brown (Kilmarnock and Loudoun) (SNP)
I thank my hon. Friend for giving way so early in his speech. He has made a good point. His new clause is about celebration and recognising what we had in Europe, as opposed to the triumphant attitude of the ERG and the Brexiteers who talk of Big Ben chiming on the 31st. I was contacted by a constituent, Paul from Kilmarnock, who requested the Government not to organise a triumphant celebration because of the fear felt by so many other people about what they are losing. Does my hon. Friend agree that those who want Big Ben to sound should recognise what EU citizens will feel like on that night when we exit Europe?
David Linden
Absolutely. My hon. Friend’s constituent Paul has made a fair point. Brexit should not be about the narrow nationalism of the European Research Group and inward-looking “little Britain” attitudes. My new clause suggests a way of expressing a more outward-looking view of the future relationship. I am sure that when the Bill goes to the other place, the Government will be able to table an amendment to that effect. However, I want to stay in order, so I shall now speak in favour of new clause 8, tabled by my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford), and new clauses 50 and 51 and new schedule 1, tabled by my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry).
I will not detain the Commitee for too long, but will confine my remarks to amendments relating specifically to membership of the single market and the customs union and, subsequently, those relating to workers’ rights. First, however, let me say that it is important to reflect on the new reality of where we are following the general election. Like it or not, the Conservatives must accept that their Brexit message failed in Scotland. They lost more than half their seats, and the SNP now holds 80% of the Scottish seats in the House; but, in the most undemocratic manner possible, the Tories are choosing to ignore Scottish voters by pressing ahead with their hard Brexit plans. To put it simply, we are being dictated to by a minority party in Scotland. During the election campaign, one of the Prime Minister’s more bizarre media stunts saw him drive a JCB digger through a polystyrene wall to deliver his “Get Brexit Done” message. It is now very clear that that wall represents Scotland, and that this Tory Government intend to forge ahead with their “Bulldozer Brexit”.
Like so many people in Scotland, I distinctly remember leaflets being delivered during the Scottish independence referendum campaign, imploring people to accept that a No vote was a vote to protect our rights as EU citizens and to maintain our membership of the European Union. Understandably—although it was not how I voted—many of our fellow citizens voted No in good faith, believing that that truly was the best way of protecting our EU membership. Five years on, having voted to stay in the United Kingdom, the people of Scotland now face the harsh and sad reality of our country being dragged out of the European Union by a British Government we did not vote for and by an intransigent Prime Minister who has no mandate from Scotland for this utterly reckless move.
Bim Afolami (Hitchin and Harpenden) (Con)
Is not the principle, though, whether it be on workers’ rights or anything else, that this House will be the place where the decisions on those issues will be legislated upon? Of course there are political differences on all sorts of issues. I happen to take issue with the way in which the hon. Gentleman characterises them, but that is beside the point. However, this House will decide what the workers’ rights for UK citizens should be. Surely that is the aim of this House.
David Linden
I am grateful to the hon. Gentleman for his intervention, but it is very much my concern that we have a Tory majority Government who will morph into Thatcherism on steroids over the course of the next five years. For me, the idea that we just sit back and let the Prime Minister and the current Foreign Secretary dictate what direction we take with employment rights is not a chance that I am willing to take.
Chris Stephens
Is it not the reality that in the last 20 years the advances in workers’ rights have come mainly from Europe? When we look at the fixed-term workers directive for those on temporary contracts or doing part-time and agency work, we see that it was not this place that was advancing the cause of those workers; it was the European Union and the European Parliament.
David Linden
Absolutely. I think that was the very reason why 62% of people in Scotland voted to remain in the European Union. They did not want workers’ rights to be controlled somehow from London.
I want to go back to what I was saying about the right hon. Member for Esher and Walton and his remarks about the working time directive and some of the “obstacles” that he identified in relation to British businesses. The fact that he did so in an article calling for a renegotiation of the UK’s future relationship with the European Union does not bode well now that he is in one of the highest offices of Government. Our hard-won workers’ rights secured from 40 years of EU membership cannot be forgotten, diluted or abolished by this right-wing neo-liberal Government whom Scotland did not vote for. I therefore urge hon. Members to support new clause 51.
Let us be honest: we know the results of tonight’s Divisions before they even take place. We need to face the truth that this majority Brexiteer Government think that Scottish voters will simply lie down while they steamroller over their interests. The choice for the people of Scotland could not be clearer, because Scotland has the unquestionable right to choose its own future. Do we stay shackled to Brexit Britain and failed Tory economics, or do we rejoin the family of European nations, which is outward-looking, progressive and treats its member states with respect, dignity and equality? Of course, the Tories often accuse the SNP of trying to break up Britain, but the reality is that it is the SNP who are driving the bulldozer. Make no mistake: the Scottish independence referendum is coming, and the passage of this legislation tomorrow will doubtless result in people taking a very different view from that in 2014.
Philip Dunne
As the Prime Minister said, far more eloquently than I could, during Prime Minister’s questions earlier today, the Scottish people did decide in 2014 and that is the vote that should be respected by this House. [Interruption.] I am going to move back to my point rather than engage—
Philip Dunne
I am not going to take the hon. Gentleman’s intervention, because I know what he is going to say.
In conclusion, will the Minister, if he has the opportunity to do so, refer in his winding up speech to the environment Bill that will shortly be brought before this House and explain the extent to which the protections sought in new clause 27 are likely to be enshrined in it?
James Duddridge
It is always a pleasure to follow my right hon. Friend the Member for Ludlow (Philip Dunne). I think I will be able to reassure him throughout my contribution, particularly on non-regression issues.
We have heard a number of good speeches. In the days since the general election, I have sensed a change in tone in Parliament, an acceptance of that which is happening, and a better debate across the House about what is actually going to happen. [Interruption.] There is a little bit of laughter, or chuntering, as the hon. Member for Glasgow East (David Linden) would call it. I have been an offender in that sense, but I do sense a small change in tone.
I would like to speak to 21 new clauses, but I will focus my time because I understand that the House wants to make progress on the substantive new clauses, as opposed to those that are technically flawed. Some are probing new clauses—that point has been made a number of times—and I hope they are more in number than the substantive new clauses that will be pushed to a vote.
I will first speak to new clause 2, tabled by the official Opposition, and to new clause 51 and new schedule 1, tabled by the hon. and learned Member for Edinburgh South West (Joanna Cherry), who has been omnipresent throughout the day. I am grateful to her for her contribution. The amendments relate to the protection of workers’ rights. As the Government have stated and the Prime Minister has confirmed, we are committed to ensuring that workers’ rights are protected as the UK leaves the EU. I want to reiterate that and add some detail. There is no suggestion that this Government would propose, or that this Parliament would allow, a change or regression in workers’ rights to make them lower than currently required by EU law. We have been clear, in fact, that we will protect and continue to improve workers’ rights. We do not need to be in the EU to do that; we can do it on our own.
James Duddridge
I give way to the hon. Gentleman, to save him from chuntering at me.
David Linden
I am grateful to the Minister for allowing me to chunter on the record. He is talking about workers’ rights and what the Government are going to do. If we are to believe the Government’s promises, we understand they will be coming by way of the employment Bill. When will that Bill be presented to the House and published?
James Duddridge
Very soon after the Queen’s Speech, and the timetable will come through the normal channels in the normal way. I am afraid that I cannot give the hon. Gentleman any notice now, but if I get an inkling of when that Bill will be introduced, I will be sure to tell him as soon as I can. As he has pointed out, we announced in the Queen’s Speech that we would bring forward legislation to deliver on the good work plan and the Taylor review. It will give workers in the UK the protections that they need in a changing world; I think that there is an increasing recognition that the world of work is changing.