Leaving the EU: Meaningful Vote

Debate between Edward Leigh and Dominic Raab

Monday 22nd October 2018 Commons Chamber

[Sir Edward Leigh]

The evidence given to the Procedure Committee last week was very clear. If there is no deal under section 13(4) of the European Union (Withdrawal) Act, there will be a vote on a neutral motion. If there is a deal, there must be a meaningful vote under section 13(1). That motion is amendable, and amendments must be taken first, unless the Government produce their own business statement, and there has to be a vote on it. That is the procedure.

The important point to understand, however, is that deal or no deal, meaningful vote passed or not, can only affect the deal; it cannot affect the outcome of Brexit, because that is in statute. Only the Government can introduce legislation, so only the Government can stop Brexit on 29 March. Will the Secretary of State therefore give an unequivocal declaration to the House that in no circumstances—deal or no deal, deal rejected by the House or accepted—will Brexit not proceed on 29 March?

[Dominic Raab]

The Government are absolutely committed to giving effect to the referendum and leaving the EU in March next year.

Future Relationship Between the UK and the EU

Debate between Edward Leigh and Dominic Raab

Wednesday 18th July 2018 Commons Chamber

[Dominic Raab]

I thank the hon. Gentleman for his kind words. That is a draft agreement, which has not yet entered into force. We will of course be champions of global free trade with precisely those emerging markets of the future, from Asia to Latin America, which is where the jobs and opportunities will come from. Like him, I want to see more of that. In fact, one of the advantages of leaving the EU is that we will be able to have an even more energetic and liberal approach to free trade.

[Sir Edward Leigh (Gainsborough) (Con)]

My right hon. Friend was talking about the facilitated customs arrangement. Before Monday, it was already going to be difficult enough to persuade the EU that it was in its interests for us to collect tariffs on its behalf, but after Monday’s vote the arrangements must be reciprocal. Is there the remotest chance of us persuading the EU to collect tariffs on our behalf on some distant border? It just will not happen. It’s dead in the water, isn’t it?

[Dominic Raab]

My hon. Friend mentions the earlier approach. Under the earlier proposals for a new customs partnership, businesses would only receive tariff rebates after tracking goods through the entire supply chain to the point of final consumption in the UK. In contrast, the FCA—I hope this addresses his point—will be an upfront system. That means that most businesses, the overwhelming majority, would pay the right tariff to begin with. Other businesses could claim a tariff repayment as soon as possible in the supply chain. We will agree with the EU the circumstances in which repayments can be granted. As the White Paper makes clear, we will negotiate a reciprocal tariff revenue formula, taking into account goods destined for the UK entering via the EU and goods destined for the EU entering via the UK.

EU: Future Relationship White Paper

Debate between Edward Leigh and Dominic Raab

Thursday 12th July 2018 Commons Chamber

[Dominic Raab]

We voted in the referendum as one country, and we need to respect it as one country.

[Sir Edward Leigh (Gainsborough) (Con)]

Paragraph 76 of chapter 1 is ambiguous. It states that we will seek reciprocal mobility arrangements, but it does not say when. Will the Secretary of State give an absolute assurance that any preferential treatment given to EU migrants will not be part of a withdrawal agreement but will be entirely in the hands of this Parliament post Brexit? This is a vital point. The people voted for Brexit because they want to control migration. They do not want to be sold down the river on this point as the negotiations proceed.

[Dominic Raab]

I thank my hon. Friend. I can give him the reassurance that it would not be part of the withdrawal agreement process; it would be part of the future deep and special relationship. In the same way as we approach global free trade with partners from Latin America to Asia, when we look at the liberalisation of trade in goods, for example, through the reduction of tariffs or services, we can also ensure that we have sensible arrangements on visas.

European Union (Withdrawal) Bill

Debate between Edward Leigh and Dominic Raab

Committee: 2nd sitting: House of Commons
Wednesday 15th November 2017 Commons Chamber

[Dominic Raab]

I am glad that the hon. Lady made that intervention. Clauses 2, 3 and 4 are subject to the savings and the caveats in clause 5 and schedule 1. The point about schedule 1 is not that no EU principles will apply after the date of exit, but that that date is the cut-off point for recognising EU principles as reflected in UK law. New principles that may evolve after that point do not become part of UK law; only the ones that arose before that point do. That is the clear intention schedule 1(2). I hope that that gives the hon. Lady some reassurance, but we will come on to talk about the savings in clause 5 and schedule 1 on a separate day next week, when I will be happy to return to that point if she has any outstanding concerns.

[Sir Edward Leigh]

Will my hon. Friend allow me to intervene one last time?

[Dominic Raab]

Perhaps shortly, but I am going to make some progress now, because I am hearing censorious noises from the Chair and I want to respond very obediently to them.

I turn to amendment 70, in the name of the right hon. Member for Ross, Skye and Lochaber (Ian Blackford). I think the sentiment behind the amendment is laudable, but I reassure the House that the amendment is unnecessary for the protection of rights. In fact, it is potentially counterproductive. Clause 4 will save all the directly effective rights that arise under the EU treaties to the extent that they are available now; that is the point that I wanted to get across to the hon. Member for North Down (Lady Hermon). We have deliberately not included a list of those directly effective rights in clause 4 or in the rest of the Bill, because there is no single, comprehensive and reliable list of all directly effective rights in the EU treaties. They are not set out in legislation—UK, EU or otherwise—but they are determined by the courts. Our approach is therefore based on procedural as well as substantive legal continuity.

The explanatory notes to the Bill set out a list of the articles from the treaty on the functioning of the European Union that the Government consider to contain directly effective rights, which will remain available in domestic law following our departure from the EU. That list, which includes article 157 on the right to equal pay, is intended to be illustrative of some of the rights that will continue to be available under clause 4. If we were to define a single list—especially if it was a non-exhaustive one—and legislate for it, we would inevitably run a significant risk of inadvertently omitting or mis-stating rights that individuals and businesses rely on, or suggesting to the courts that those rights were supposed to have a special status beyond the ones that were not listed.

We can reasonably expect individuals and businesses to want to rely on any list that we produced. Quite reasonably, they may not realise that they can rely on a wider set of rights that are not on any such list. The effect of amendment 70 would be at best to create legal uncertainty, and at worst—this is my concern—to mislead people about the rights available to them. The Government do not want that to happen, and I hope that I have persuaded the hon. Member for Airdrie and Shotts (Neil Gray) not to press the amendment.

I want to turn as briefly as possible—I will not take any further interventions to allow others to speak—to amendment 148, in the name of the hon. Member for Stretford and Urmston (Kate Green), who is in her place. It is important that the issue of children’s rights has been raised through the amendment, and I hope I can give her some reassurance. Most importantly, I want to reassure the Committee that the UK’s commitment to children’s rights and the UN convention on the rights of the child is and will remain unwavering. Our ability to support and safeguard children’s rights will not be affected by UK withdrawal from the EU.

Domestically, the rights and best interests of the child are protected in England primarily through the Children Act 1989 and the Adoption and Children Act 2002, as well as in other legislative measures. Scotland, Wales and Northern Ireland have their own measures for the protection of children’s rights, in accordance with the UN convention on the rights of the child.

The UK will of course continue to be a party to the UN convention, but amendment 148 is flawed in seeking to apply an EU principle of direct effect to a global UN treaty, which is of course governed by general principles of international treaty interpretation under the Vienna convention and customary international law. I am afraid that that is a recipe for legal confusion.

In any event, we already give effect to all our international obligations under the UN convention. For example, the Children Acts 1989 and 2004 set out a range of duties to safeguard and promote the welfare of children. In 2013, we issued statutory guidance to directors of children’s services, which requires them to have regard to the general principles of the convention and ensure that children and young people are involved in the development and delivery of local services. The Children and Social Work Act 2017 is a further example of how we constantly seek to make sure that we not only protect children’s rights but enhance them.

--- Later in debate ---

[Sir Edward Leigh]

Will my hon. Friend give way?

[Dominic Raab]

No, I will make some progress, otherwise I will be in serious trouble. I have taken several interventions.

I must turn to amendment 94, in the name of the hon. Member for Bristol East, who has also tabled amendment 95. I will address the two amendments as briefly as I can. Amendment 94 is intended to include within the scope of clause 4 rights that might arise under EU directives, but which have not yet been recognised by the European Court or the domestic courts, and might only be recognised many years after we have left the EU.

There are three basic objections to amendment 94, notwithstanding the commendable spirit in which the hon. Lady has introduced her amendments. First, amendment 94 is at odds with EU law. It conflicts not just with the UK’s approach, but with the EU’s approach to what counts as—or what the definition is of—a directly effective right. By definition, such rights need to be sufficiently clear, precise and unconditional, and they must be recognised as such by UK courts or the European Court at the date of exit. The effect of her amendment would be to inflate the definition of what counts as EU law at the very moment that we are departing from the EU, which cannot be right.

The second objection is that the amendment would not provide the accurate snapshot of the law that we are seeking to take on departure. From a practical point of view, that would risk confusion for anyone trying to glean the true legal position with any reliability.

The third persuasive argument is that the fact that we are leaving the EU means that we are taking back democratic control of our laws. With that in mind, it would not be right, as the amendment envisages, to retain an ability for thousands of directives—parts of EU law that we are not incorporating—to continue to produce new legal effects long after we have left the EU. That would run in direct conflict with the objective of clause 4 and, indeed, the whole Bill. Given the number of EU directives in force, newly found directly effective rights would have a hugely disruptive effect on UK law.

European Union (Withdrawal) Bill

Debate between Edward Leigh and Dominic Raab

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

[The Minister of State, Ministry of Justice (Dominic Raab)]

It is a great privilege and pleasure to speak on behalf of the Government on this essential Bill, and particularly on clause 6 and the various amendments proposed to it. The Bill is complex, but at root it boils down to achieving two basic but fundamental objectives, which it is worth bearing in mind as we consider the clause and amendments.

The first is that we are delivering on the referendum by taking back control over our laws, which is a major opportunity; that was the No. 1 reason why people voted to leave the EU in the referendum. The second thing that the Bill does is make sure there is legal certainty, with a smooth transition for citizens and businesses, mitigating one of the key risks of Brexit, which I believe is felt by people whether they voted leave or remain.

[Sir Edward Leigh (Gainsborough) (Con)]

It is essential that the Supreme Court has certainty. The first part of clause 6(2) is admirably clear:

“A court or tribunal need not have regard to anything done on or after exit day by the European Court”.

Why then have the Government included the following phrase at the end of the provision:

“but may do so if it considers it appropriate to do so”?

I think Lord Neuberger has a point, and I give the Minister an opportunity to make the Government’s position clear.

[Dominic Raab]

I thank my hon. Friend for that, and I shall come to that point a little later. The basic point that I respectfully make to the House at the outset is that the various clauses and amendments should be judged according to those basic strategic objectives: taking back control over our laws and making sure that there is a smooth legal transition, which I believe is my hon. Friend’s point.

Clause 6 serves both objectives. It sets out how, once we have taken back control over EU law, retained EU law should be interpreted on and after exit day. It makes it clear that once the UK leaves the EU, domestic courts will not be able to refer cases to the European Court—an affirmation of the supremacy of our own courts and our own legal order.