Points of Order

Baroness Laing of Elderslie Excerpts

1st reading: House of Commons
Thursday 26th January 2017 Commons Chamber

[Alex Salmond (Gordon) (SNP)]

On a point of order, Madam Deputy Speaker. I am glad the Brexit Secretary is here for his moment of history, but perhaps I could just detain him a second. During Brexit questions, he quoted my successor as First Minister—Nicola Sturgeon —somehow suggesting she wanted to deprive 160,000 European citizens of their right of residence in Scotland. By the wonders of modern technology, I have traced the original quote from July 2014. In fact, Ms Sturgeon was arguing exactly the opposite: that their right of residence was one of the reasons why Scotland would remain, as an independent country, a member of the European Union. I know the Brexit Secretary well—he is a decent and honourable man—but I found that another Minister used the same smear last October, so I am bound to conclude that some teenage scribblers in his Department are feeding out misleading information to hapless Ministers, who are then repeating it to the House. I am sure the Brexit Secretary—perhaps even before he has his moment of history—will want to correct the record.

[Madam Deputy Speaker]

Further to that point of order, I call Mr Secretary Davis.

[The Secretary of State for Exiting the European Union (Mr David Davis)]

Further to that point of order, Madam Deputy Speaker. Of course, if I am wrong, I apologise. I will send the right hon. Gentleman the quote that I gave from The Scotsman at that time.

[Chris Bryant (Rhondda) (Lab)]

On a point of order, Madam Deputy Speaker.

[Madam Deputy Speaker]

Is it a separate point of order?

[Chris Bryant]

Yes.

[Madam Deputy Speaker]

I will first answer the point of order from the right hon. Member for Gordon (Alex Salmond), which, as he and the House know, was not a point of order. The right hon. Gentleman sought, in his usual rhetorical way, to set the record straight. The Secretary of State has responded adequately to the point raised by the right hon. Gentleman, and I hope that honour is satisfied on all sides. A point of order— Mr Bryant.

[Chris Bryant]

And this one is a point of order, Madam Deputy Speaker. As you know, when a Minister makes a statement to the House, a printed copy is circulated around the Chamber the moment they sit down by the Doorkeepers. That is very useful for many Members—we can check exactly what the Minister has said, in case we slightly misheard something. The one time we do not do that is for the business statement. Now, I admit that it is a business question, so it is slightly different, but would it not be for the convenience of the House if, the moment the Leader of the House finished announcing the forthcoming business, it was circulated around the House for all hon. Members?

--- Later in debate ---

[Madam Deputy Speaker]

The hon. Gentleman raises an interesting point of administration, and it might be that the Leader of the House would like to say something further to the point of order.

[The Leader of the House of Commons (Mr David Lidington)]

Further to that point of order, Madam Deputy Speaker. I completely concede that it is a perfectly reasonable request, and I will make sure that that happens.

[Madam Deputy Speaker]

Once again, that was not a point of order for the Chair, but we are having a very well-balanced session of points of order.

[Sir Desmond Swayne (New Forest West) (Con)]

It gets better, Madam Deputy Speaker.

[Madam Deputy Speaker]

As the right hon. Gentleman says, it gets better. Would he care to make a point of order?

[Sir Desmond Swayne]

indicated dissent.

[Madam Deputy Speaker]

No? This seems a good point for requests to Ministers, as we seem to be having a 100% record of having requests fulfilled. That was not a point of order for the Chair, so we will move on.

Bill Presented

European Union (Notification of Withdrawal) Bill

Presentation and First Reading (Standing Order No. 57)

Mr Secretary Davis, supported by the Prime Minister, Mr Chancellor of the Exchequer, Secretary Boris Johnson, Secretary David Mundell, Secretary Alun Cairns, Secretary James Brokenshire, Ben Gummer and the Attorney General, presented a Bill to confer power on the Prime Minister to notify, under Article 50(2) of the Treaty on European Union, the United Kingdom’s intention to withdraw from the EU.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 132) with explanatory notes (Bill 132-EN).

European Union (Notification of Withdrawal) Bill

Baroness Laing of Elderslie Excerpts

Committee: 1st sitting: House of Commons
Monday 6th February 2017 Commons Chamber

[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

I beg to move, That the clause be read a Second time.

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

With this it will be convenient to discuss the following:

New clause 20—Financial services—reports—

“As from the day on which this Act comes into force the Secretary of State shall, at least once in every six months, lay before Parliament a report stating what, if any, steps are being taken by Her Majesty’s Government to defend and promote the access to European markets for the UK financial services sector as a consequence of the exercise of the power in section 1.”

This new clause would seek regular reports from Ministers about the impact of withdrawing from the European Union on the UK financial services sector.

New clause 22—Competition Policy—

“Following the exercise of the power in section 1, Her Majesty’s Government shall make an annual report to Parliament on its policy regarding state aid, government intervention in industry and fair competition arising from the withdrawal of the United Kingdom from European Union competition regulations.”

This new clause seeks the publication of an annual report from Her Majesty’s Government in respect of the competition policy consequences of withdrawal from the European Union.

New clause 29—Reporting to Parliament—

“Before exercising the power under section 1, the Prime Minister must undertake to report to Parliament each quarter on her progress in negotiations on Article 50(2) of the Treaty on European Union and Article 218(3) of the Treaty on the Functioning of the European Union.”

This new clause puts a requirement on the Prime Minister for quarterly reporting during the negotiating process.

New clause 51—Approval of White Paper on withdrawal from EU—

“(1) This Act comes into effect after each House of Parliament has approved by resolution the White Paper on withdrawal from the EU.

(2) The White Paper must, in particular, provide information on—

(a) the nature and extent of any tariffs that will or may be imposed on goods and services from the UK entering the EU and goods and services from the EU entering the UK;

(b) the terms of proposed trade agreements with the EU or EU Member States, and the expected timeframe for the negotiation and ratification of said trade agreements;

(c) the proposed status of rights guaranteed by the law of the European Union, including—

(i) labour rights,

(ii) health and safety at work,

(iii) the Working Time Directive,

(iv) consumer rights, and

(v) environmental standards;

(d) the proposed status of—

(i) EU citizens living in the UK and,

(ii) UK citizens living in the EU,

after the UK has exited the EU;

(e) estimates as to the impact of the UK leaving the EU on—

(i) the balance of trade,

(ii) GDP, and

(iii) unemployment.”

New clause 56—Notification of withdrawal from the EEA—

“The Prime Minister may not give the notification under section 1 until such time as Parliament has determined whether the UK should also seek to withdraw from the European Economic Area in accordance with Article 127 of the EEA Agreement.”

This new clause would allow for proper parliamentary debate and scrutiny of the United Kingdom’s membership of the Single Market and whether the UK should remain as a member of the European Economic Area prior to the Prime Minister triggering Article 50.

New clause 111—European Police Office (Europol)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Police Office (Europol).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Police Office (Europol) following the UK’s withdrawal from the European Union.

New clause 112—European Chemicals Agency (ECHA) —report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Chemicals Agency (ECHA).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Chemicals Agency (ECHA) following the UK‘s withdrawal from the European Union.

New clause 113—European Centre for Disease Prevention and Control (ECDC)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Centre for Disease Prevention and Control (ECDC).”

This new clause would seek a report from Her Majesty’s Government on the UK‘s participation in and engagement with the European Centre for Disease Prevention and Control (ECDC) following the UK’s withdrawal from the European Union.

New clause 114—Community Plant Variety Office (CPVO) —report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the Community Plant Variety Office (CPVO).”

This new clause would seek a report from Her Majesty’s Government on the UK‘s participation in and engagement with the Community Plant Variety Office (CPVO) following the UK‘s withdrawal from the European Union.

New clause 115—European Medicines Agency (EMEA) —report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Medicines Agency (EMEA).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Medicines Agency (EMEA) following the UK’s withdrawal from the European Union.

New clause 116—European Agency for Health and Safety at Work (EU-OSHA)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Agency for Health and Safety at Work (EU-OSHA).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Agency for Health and Safety at Work (EU-OSHA) following the UK’s withdrawal from the European Union.

New clause 117—European Aviation Safety Agency (EASA) —report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Aviation Safety Agency (EASA).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Aviation Safety Agency (EASA) following the UK’s withdrawal from the European Union.

New clause 118—European Centre for the Development of Vocational Training (Cedefop)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Centre for the Development of Vocational Training (Cedefop).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Centre for the Development of Vocational Training (Cedefop) following the UK’s withdrawal from the European Union.

New clause 119—European Police College (Cepol)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Police College (Cepol).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Police College (Cepol) following the UK’s withdrawal from the European Union.

New clause 120—European Environment Agency (EEA) —report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Environment Agency (EEA).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Environment Agency (EEA) following the UK’s withdrawal from the European Union.

New clause 121—European Food Safety Authority (EFSA) —report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Food Safety Authority (EFSA).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Food Safety Authority (EFSA) following the UK’s withdrawal from the European Union.

New clause 122—European Investment Bank (EIB)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Investment Bank (EIB).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Investment Bank (EIB) following the UK’s withdrawal from the European Union.

New clause 123—Eurojust—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with Eurojust.”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the Eurojust following the UK’s withdrawal from the European Union.

New clause 124—European Maritime Safety Agency (EMSA)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the European Maritime Safety Agency (EMSA).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Maritime Safety Agency (EMSA) following the UK’s withdrawal from the European Union.

New clause 125—European Monitoring Centre for Drugs and Drug Addiction (EMCDDA)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom‘s participation in and engagement with the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) following the UK’s withdrawal from the European Union.

New clause 126—European Union Agency for Fundamental Rights (FRA)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom‘s participation in and engagement with the European Union Agency for Fundamental Rights (FRA).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Union Agency for Fundamental Rights (FRA) following the UK’s withdrawal from the European Union.

New clause 127—European Satellite Centre (EUSC)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom‘s participation in and engagement with the European Satellite Centre (EUSC).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Satellite Centre (EUSC) following the UK’s withdrawal from the European Union.

New clause 128—Protected designation of origin (PDO) scheme—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom‘s participation in and engagement with the protected designation of origin (PDO) scheme.”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the protected designation of origin (PDO) scheme following the UK’s withdrawal from the European Union.

New clause 129—Protected geographical indication (PGI) scheme—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom‘s participation in and engagement with the protected geographical indication (PGI) scheme.”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the protected geographical indication (PGI) scheme following the UK’s withdrawal from the European Union.

New clause 130—Traditional specialities guaranteed (TSG) scheme—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty’s Government in respect of the United Kingdom’s participation in and engagement with the traditional specialities guaranteed (TSG) scheme.”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the traditional specialities guaranteed (TSG) scheme following the UK’s withdrawal from the European Union.

New clause 134—Notification of withdrawal from the EEA—

“The Prime Minister may not give the notification at section (1) until such time as a Parliamentary vote has approved the withdrawal of the UK from the European Economic Area in accordance with Article 127 of the EEA Agreement.”

New clause 136—Approval of report on withdrawal from EU—

“(1) This Act comes into effect after each House of Parliament has approved by resolution the report on withdrawal from the EU.

(2) The report must, in particular, provide information on—

(a) EU citizens living in the UK and,

(b) UK citizens living in the EU, after the UK has exited the EU.”

New clause 151—Renewables—reports—

“As from the day on which this Act comes into force the Secretary of State shall, at least once in every six months, lay before Parliament a report stating what, if any, steps are being taken by Her Majesty’s Government to defend and promote the access to European markets for the UK renewables sector as a consequence of the exercise of the power in section 1.”

This new clause would seek regular reports from Ministers about the impact of withdrawing from the European Union on the UK renewables sector.

New clause 169—European Health Insurance Card (EHIC)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty‘s Government in respect of the United Kingdom‘s participation in and engagement with the European Health Insurance Card (EHIC) scheme.”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Health Insurance Card (EHIC) scheme following the UK’s withdrawal from the European Union.

New clause 171—Erasmus+ Programme—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty‘s Government in respect of the United Kingdom‘s participation in and engagement with the Erasmus+ Programme.”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the Erasmus+ Programme following the UK’s withdrawal from the European Union.

New clause 173—European Research Area (ERA)—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty‘s Government in respect of the United Kingdom‘s participation in and engagement with the European Research Area (ERA).”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Research Area (ERA) following the UK’s withdrawal from the European Union.

New clause 176—Requirement to have regard to Motions passed by Parliament—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to any motions passed by Parliament on the outcome of the negotiations associated with the notification of the UK’s intention to leave the European Union authorised by this Act”.

This new clause would require Her Majesty’s Government to have regard to any motions passed by Parliament on the outcome of the negotiations associated with the notification of the UK’s intention to leave the European Union authorised by this Act.

New clause 177—European Arrest Warrant—report—

“Within 30 days of the coming into force of this Act the Secretary of State shall publish a report to both Houses of Parliament setting out the approach to be taken by Her Majesty‘s Government in respect of the United Kingdom‘s participation in and engagement with the European Arrest Warrant.”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with the European Arrest Warrant following the UK‘s withdrawal from the European Union.

New clause 8—EU and United Kingdom nationals—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must resolve to guarantee the rights of residence of anyone who is lawfully resident in the United Kingdom on the day on which section 1 comes into force in accordance with or as consequence of any provision of a Treaty to which section 1 relates, and United Kingdom nationals living in the parts of the European Union that are not the United Kingdom before the European Council finalises their initial negotiating guidelines and directives.”

Amendment 83, in clause 1, page 1, line 2, leave out “the Prime Minister” and insert “Parliament”.

Amendment 45, page 1, line 3, at end insert—

“(1A) The Prime Minister may not notify under subsection (1) until she has confirmed that EU nationals living and working in the United Kingdom on the date that the UK withdraws from the United Kingdom will be subject to the same citizenship rights that applied prior to the United Kingdom’s withdrawal.”

Amendment 78, page 1, line 3, at end insert—

“(1A) The Prime Minister may not notify under subsection (1) until the Foreign Secretary has published a revised programme of work for the UK Permanent Representative to the European Union for the duration of the negotiating period, and laid a copy of the report before Parliament.”

Amendment 84, page 1, line 3, at end insert—

“(1A) The persons authorised to give notification under subsection (1) on behalf of Parliament are—

(a) The Speaker of the House of Commons, on behalf of the House of Commons, and

(b) the Lord Speaker, on behalf of the House of Lords.

(1B) Parliament may only give notification under subsection (1) if—

(a) both Houses of Parliament have passed resolutions approving notification; and

(b) votes in favour of notification have been passed by—

(i) the Scottish Parliament,

(ii) the National Assembly for Wales, and

(iii) the Northern Ireland Assembly.

(1C) A notification under subsection (1) must be given as soon as is practicable after the two Houses of Parliament have passed resolutions approving notification.”

Amendment 12, page 1, line 5, at end insert—

“(3) Before exercising the power under section 1, the Prime Minister must lay before both Houses of Parliament a White Paper on the UK Exiting the EU.”

Amendment 17, page 1, line 5, at end insert —

“(3) Before exercising power under subsection (1), the Prime Minister must give undertakings that all EU citizens exercising their Treaty rights in the UK who—

(a) were resident in the UK on 23 June 2016, and

(b) had been resident since at least 23 December 2015

be granted permanent residence in the UK.”

Amendment 36, page 1, line 5, at end insert—

“(3) Before the Prime Minister issues a notification under this section, Her Majesty’s Government has a duty to lay before both Houses of Parliament a White Paper setting out its approach to any transitional arrangements with the European Union following the expiry of the two-year period specified in Article 50(3) of the Treaty on European Union.”

This amendment would require the Government to set out, prior to triggering Article 50, a detailed plan for a transitional arrangement with the EU covering the period between the end of the two-year Article 50 negotiation period and the coming into force of a final Treaty on the UK’s new relationship with the EU.

Amendment 44, page 1, line 5, at end insert—

“(3) Before exercising the power under subsection (1), the Prime Minister must lay a report before Parliament on the Government’s proposed negotiation package, including detailed and specific information on—

(a) the proposed terms of the UK’s access to the Single Market (if any) or the negotiating mandate thereof;

(b) the nature and extent of any tariffs that will or may be imposed on goods and services from the UK entering the EU and goods and services from the EU entering the UK or the negotiating mandate thereof;

(c) the terms of proposed trade agreements with the EU or EU Member States, and the expected timeframe for the negotiation and ratification of said trade agreements or the negotiating mandate thereof;

(d) the proposed status of rights guaranteed by the law of the European Union, including—

(i) labour rights,

(ii) health and safety at work,

(iii) the Working Time Directive,

(iv) consumer rights, and

(v) environmental standards;

(e) the proposed status of—

(i) EU citizens living in the UK, and

(ii) UK citizens living in the EU,

after the UK has exited the EU or the negotiating mandate thereof;

(f) details of the Government’s internal estimates as to the impact of the above measures on—

(i) the balance of trade,

(ii) GDP, and

(iii) unemployment,

in the UK after the UK leaves the EU.

(4) The report in subsection (3) must set out the costs and benefits of holding a referendum which asks the public to decide between the proposed negotiation package or remaining a member of the European Union.

(5) The report in subsection (3) must not be laid before the House before 1 December 2017.”

New clause 6—EU citizens resident in the United Kingdom—

“(1) Anyone who is lawfully resident in the United Kingdom—

(a) on the day on which section 1 comes into force, and

(b) in accordance with or as consequence of any provision of a Treaty to which section 1 relates,

shall have no less favourable rights of residence or opportunities to obtain rights of residence than they currently enjoy.”

This new clause guarantees the rights of EU nationals living in the UK at the date when article 50 is triggered.

New clause 14—Rights for EU nationals—

“Her Majesty’s Government shall ensure that those persons who have a right to indefinite leave to remain in the United Kingdom by virtue of their EU citizenship on the day on which this Act is passed shall continue to have an indefinite leave to remain in the United Kingdom.”

This new Clause would ensure that those persons who have a right to indefinite leave to remain in the United Kingdom by virtue of their EU citizenship on the day on which this Act is passed shall continue to have an indefinite leave to remain in the United Kingdom.

New clause 27—EU nationals in the United Kingdom—

“(1) The Prime Minister may not exercise the power under subsection 1(1) unless the Prime Minister is satisfied that arrangements are in place to secure that every individual who is—

(a) not a citizen of the United Kingdom, and

(b) on the date on which this Act comes into force (“the Commencement Date”), is resident in the United Kingdom pursuant to any right derived from the treaties,

shall, when the treaties cease to apply to the United Kingdom, continue to be entitled to reside in the United Kingdom on terms no less favourable than those applicable to that individual on the Commencement Date.”

New clause 33—Immigration—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to how this will give the UK control over its immigration system.”

New clause 57—Effect of notification of withdrawal—

“Nothing in this Act shall affect the continuation of those residence rights enjoyed by EU citizens lawfully resident in the United Kingdom on 23 June 2016, under or by virtue of Directive 2004/38/EC, after the United Kingdom’s withdrawal from the European Union.”

This savings new clause is designed to protect the residence rights of those EU citizens who were lawfully resident in the United Kingdom on the date of the EU referendum. It would ensure that those rights do not fall away automatically two years after notice of withdrawal has been given, if no agreement is reached with the EU. This new clause would implement a recommendation made in paragraph 53 by the Joint Committee on Human Rights in its report ‘The human rights implications of Brexit’.

New clause 67—Indefinite leave to remain for EU citizens in Wales—

“Before the Prime Minister can exercise the power in section 1, the Prime Minister must commit to automatically granting indefinite leave to remain in the UK for EU citizens already lawfully resident in Wales.”

This new clause requires the Prime Minister to commit to implementing the Leave Campaign’s pledge to automatically grant indefinite leave to remain in the UK for EU citizens already lawfully resident in Wales before exercising the powers outlined in section 1.

New clause 108—Status of Irish citizens in the United Kingdom—

“Before exercising the power under section 1, the Prime Minister shall commit to maintaining the current status, rights and entitlements of Irish citizens in the United Kingdom, inclusive of and in addition to their status, rights and entitlements as EU citizens.”

New clause 135—Effect of notification of withdrawal (No. 2)—

“Nothing in this Act shall affect the continuation of those rights of residence enjoyed by EU citizens lawfully resident in the United Kingdom and UK citizens lawfully resident in the EU on 23 June 2016 after the United Kingdom’s withdrawal from the European Union.”

New clause 142—EU Students in the UK—

“The Prime Minister may not exercise the power under section 1 until a Minister of the Crown has confirmed that EU students present in the UK on the date the United Kingdom withdraws from the EU will be granted visas to allow them residency rights for the full duration of their academic courses.”

New clause 146—Rights of EU citizens in the UK—

“Any citizen of an EU Member State lawfully resident in the United Kingdom on the day on which this Act comes into force shall have no less favourable rights of residence than they currently enjoy.”

[Matthew Pennycook]

New clause 3 concerns the parliamentary oversight of the negotiations that will follow the triggering of article 50. It would require the Government to report back to Parliament at least every two months on the progress of negotiations and to lay reports before both Houses of Parliament on each occasion. Let me be clear that the purpose is to improve the Bill by providing Parliament with the means not only to effectively monitor the Government’s progress throughout the negotiations, but to actively contribute to their success by facilitating substantive scrutiny that can positively influence the outcome.

We are here today debating this new clause and other new clauses and amendments to the Bill only because the Supreme Court upheld the High Court’s November ruling on the triggering of article 50, confirming that only Parliament, not Ministers using the royal prerogative, can initiate the start of the UK’s exit from the EU.

--- Later in debate ---

[Several hon. Members rose—]

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

Order. Before I call the next colleague, let me say that it will be obvious to the Committee that a great many people wish to speak. There are in excess of 50 new clauses and amendments to be discussed, and we have two hours and 45 minutes left to do so. I hope that Members will be courteous to others and keep their remarks as brief as possible. I appreciate that these are complicated matters, and it is good to have interventions and proper debate and discussion, but let us avoid repetition and rhetoric for its own sake.

[Mr Kenneth Clarke]

On a point of order, Mrs Laing. It is quite obvious that the programme order will not allow for proper debate by the vast majority of Members. I have never known a debate on any European issue be given such limited time before. Has anyone approached you and asked to re-address the programme order so that we can have the sort of sensible, protracted discussion of these issues that we have had almost to excess on previous occasions such as the debates on the Maastricht treaty?

[Mr Harper]

Further to that point of order, Mrs Laing. When I considered the Government’s programme motion, it seemed to me that for a two-clause Bill, two days—extraordinarily—on Second Reading and three full days of protected time to allow us to sit late where there are statements was, if anything, an excess of generosity.

[The First Deputy Chairman]

The former Chief Whip makes a very good point. It is not a point of order for the Chair, but one that I would expect a former Chief Whip to make.

Let me set the mind of the right hon. and learned Member for Rushcliffe (Mr Clarke) at rest on two points. First, although there are in excess of 50 amendments and new clauses, some of them address the same points as others, so we are not addressing more than 50 separate points of debate. The other point that I draw to his attention is that the House voted for and supported the programme motion, and that is not a matter for me. I am sure that I can now rely on Sir Hugo Swire to address the Committee briefly and pertinently.

[Sir Hugo Swire]

I shall seek not to detain the Committee for too long so as not to repeat many of the arguments that hon. Friends and colleagues have made and will no doubt make again and again throughout this evening.

I wish to talk about the two new clauses that have dominated proceedings to date, one rather less emotional than the other. The unemotional one, I would submit, is new clause 3. We have talked about parliamentary oversight of the negotiations and heard the word “scrutiny” bandied around across the Chamber. I sometimes get the impression that some in this Chamber would seek to scrutinise every single line, cross every “t” and dot every “i” of the Government’s negotiating position. It would be interesting to conduct a straw poll as to how many Members in this Committee have ever taken part in a proper negotiation—a commercial negotiation—that requires, at times, one to keep one’s cards close to hand before declaring them. It is impossible, irresponsible and unthinkable to have to negotiate this in public, and particularly so to insert clauses such that anything discussed must be reported back to this House at intervals of

“no more than two months”—

eight weeks—each and every time. The new clause does not say what Parliament might then do if it does not like what the Government are reporting back. Do Members want a vote on it? We have heard about the possibility of legal involvement—judicial review. This is wholly unrealistic and undesirable.

European Union (Notification of Withdrawal) Bill

Baroness Laing of Elderslie Excerpts

3rd reading: House of Commons & Committee: 3rd sitting: House of Commons & Report stage: House of Commons
Wednesday 8th February 2017 Commons Chamber

[Kit Malthouse (North West Hampshire) (Con)]

On a point of order, Mrs Laing. I spent a lot of time last night studying the large number of amendments that have been tabled for today, and I have to confess that I am concerned as to the admissibility of a large number of them. It is my understanding that amendments are not admissible—out of order—if they are vague or unintelligible without further amendment. As an example, I would like to bring to your attention some of the terms in new clause 2, the lead new clause in the debate. It appears to be very vague, implying that

“the Prime Minister shall give an undertaking to have regard to the public interest”

in a list of various—

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

Order. I understand the point that the hon. Gentleman is making, but the matter that he is raising is a matter for debate. Some of the new clauses and amendments that were tabled were considered to be in order and have therefore been selected for debate. Some were not in order, and were therefore ineligible for selection for debate. That is not a matter of opinion; it is a matter of fact. I can assure the hon. Gentleman, although I have no obligation so to do, that the matter has been very carefully considered. New clause 2 is perfectly in order. He might well disagree with the points raised in it—indeed, I would expect him to—and I would expect him to make his disagreement known to the House in due course. For the moment, however, I can assure him and the House that new clause 2 is perfectly in order and that it will be debated.

[Kit Malthouse]

rose—

[The First Deputy Chairman]

Further to that point of order? I am sure that the hon. Gentleman would not wish to question the judgment of the Chair.

[Kit Malthouse]

I am just asking for an explanation—

[The First Deputy Chairman]

No; the hon. Gentleman will resume his seat, please. [Interruption.] I thank hon. Members, but I am perfectly capable of dealing with this matter. It is not in order for the hon. Gentleman to ask for an explanation. That would be to question the judgment of the Chair, which is—I should carefully say—a matter up with which I will not put. We will debate new clause 2, which will be moved by Mr Paul Blomfield.

New Clause 2

Conduct of negotiations

“Before giving any notification under Article 50(2) of the Treaty on European Union, the Prime Minister shall give an undertaking to have regard to the public interest during negotiations in—

(a) maintaining a stable and sustainable economy,

(b) preserving peace in Northern Ireland,

(c) having trading arrangements with the European Union for goods and services that are free of tariff and non-tariff barriers and further regulatory burdens,

(d) co-operation with the European Union in education, research and science, environment protection, and preventing and detecting serious and organised crime and terrorist activity,

(e) maintaining all existing social, economic, consumer and workers’ rights.”—(Paul Blomfield.)

This new clause sets out statutory objectives that the Government must have regard to whilst carrying out negotiations under article 50.

Brought up, and read the First time.

[Paul Blomfield (Sheffield Central) (Lab)]

I beg to move, That the clause be read a Second time.

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

With this it will be convenient to discuss the following:

New clause 7—Conduct of negotiations—anti-tax haven—

“(1) In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the public interest in maintaining all existing EU tax avoidance and evasion legislation.

(2) In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of Crown must comply with the European Union Code of Conduct on Business Taxation.”

This new clause sets out the government’s commitment to observe the Code of Conduct on business taxation to prevent excessive tax competition and lays out the statutory objectives that the Government must have regard to EU tax avoidance and evasion whilst carrying out negotiations under article 50.

New clause 11—Tariff-free trade in goods and services—

“In the event of the exercise of the power in Section 1, Her Majesty’s Government shall seek a new Treaty between the United Kingdom and the European Union on tariff-free trade in goods and services.”

This new clause would ensure that, in the event of the exercise of the power in Section 1, Her Majesty’s Government shall seek a new Treaty between the United Kingdom and the European Union on tariff-free trade in goods and services rather than withdraw from the European Union with no alternative objective.

New clause 13—Transitional arrangements—

“Her Majesty’s Government shall seek a transitional trading agreement between the United Kingdom and the European Union as part of the negotiations following notification under section 1.”

This new clause would make it an objective for HM Government to secure a transitional approach towards new trading relationships with the EU Member States following the end of the Article 50 notification and negotiation period.

New clause 15—Visa-free travel—

“On the exercise of the power in section 1, Her Majesty’s Government shall endeavour to maintain the visa policy in operation at the date of the coming into force of this Act in relation to citizens of member states of the European Union and the United Kingdom.”

This new clause would seek to ensure that HM Government has the objective of maintaining the visa policy in operation at the date of the coming into force of this Act in relation to citizens of member states of the European Union and the United Kingdom.

New clause 21—Trading rights—financial services—

“On the exercise of the power in section 1, Her Majesty’s Government shall make it an objective to secure the trading rights for UK-based financial services companies that exist by virtue of the UK’s membership of the European Union as of the day on which this Act comes into force.”

This new clause would seek to ensure that Her Majesty’s Government endeavours to preserve the existing trading rights for UK-based financial services companies as currently exist.

New clause 55—Conduct of negotiations—

“Before giving any notification under Article 50(2) of the treaty on European Union, the Prime Minister must undertake to have regard to the public interest during negotiations in—

(a) maintaining and advancing manufacturing industry,

(b) securing the interests of all the regions in England,

(c) delivering existing climate change commitments,

(d) maintaining the common travel area with the Republic of Ireland.”

This new clause sets out statutory objectives to which the Government must have regard whilst carrying out negotiations under Article 50.

New clause 70—Relationship with Europe—

“Before the Prime Minister can exercise the power in section 1, the Prime Minister must commit to negotiating a deal that allows free trade and cooperation between Wales and all European countries.”

This new clause requires the Prime Minister to commit to implementing the Leave Campaign’s pledge to negotiate deal that allows free trade and cooperation between Wales and all European countries before exercising the powers outlined in section 1.

New clause 76—Framework for transfer of data—

“In the event of exercise of the power in section 1, Her Majesty‘s Government shall promote a framework for the transfer of data between the UK and the EU to underpin continued trade in services.”

This new clause would make it the policy of Her Majesty’s Government to promote a framework for cross-border data flows to safeguard the UK services economy and its trade with European markets.

New clause 77—Trade in goods and services—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of retaining full participation in the making of all rules affecting trade in goods and services in the European Union.”

This new clause would require HM Government to negotiate to continue the UK’s participation on agreeing all rules affecting trade in goods and services in the European Union.

New clause 78—Europol—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Police Office (Europol) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Police Office (Europol).

New clause 79—European Chemicals Agency—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Chemicals Agency (ECHA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Chemicals Agency (ECHA).

New clause 80—European Centre for Disease Prevention and Control—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Centre for Disease Prevention and Control (ECDC) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Centre for Disease Prevention and Control (ECDC).

New clause 81—Community Plant Variety Office—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the Community Plant Variety Office (CPVO) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the Community Plant Variety Office (CPVO).

New clause 82—European Medicines Agency—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Medicines Agency (EMEA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Medicines Agency (EMEA).

New clause 83—European Agency for Health and Safety at Work—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Agency for Health and Safety at Work (EU-OSHA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Agency for Health and Safety at Work (EU-OSHA).

New clause 84—European Aviation Safety Agency—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Aviation Safety Agency (EASA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Aviation Safety Agency (EASA).

New clause 85—European Centre for the Development of Vocational Training—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Centre for the Development of Vocational Training (Cedefop) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Centre for the Development of Vocational Training (Cedefop).

New clause 86—European Police College—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Police College (Cepol) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Police College (Cepol).

New clause 87—European Environment Agency—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Environment Agency (EEA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty‘s Government to negotiate to continue the UK’s participation in the European Environment Agency (EEA).

New clause 88—European Food Safety Authority—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Food Safety Authority (EFSA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Food Safety Authority (EFSA).

New clause 89—European Investment Bank—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Investment Bank (EIB) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Investment Bank (EIB).

New clause 90—Eurojust—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in Eurojust on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in Eurojust.

New clause 91—European Maritime Safety Agency—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Maritime Safety Agency (EMSA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Maritime Safety Agency (EMSA).

New clause 92—European Monitoring Centre for Drugs and Drug Addiction—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA).

New clause 93—European Union Agency for Fundamental Rights—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Union Agency for Fundamental Rights (FRA) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Union Agency for Fundamental Rights (FRA).

New clause 94—European Satellite Centre—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Satellite Centre (EUSC) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Satellite Centre (EUSC).

New clause 95—Protected designation of origin scheme—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the protected designation of origin (PDO) scheme on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the protected designation of origin (PDO) scheme.

New clause 96—Protected geographical indication scheme—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the protected geographical indication (PGI) scheme on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the protected geographical indication (PGI) scheme.

New clause 97—Traditional specialities guaranteed scheme—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the traditional specialities guaranteed (TSG) scheme on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the traditional specialities guaranteed (TSG) scheme.

New clause 100—Equality and women’s rights—

“Before issuing any notification under Article 50(2) of the Treaty on European Union the Prime Minister shall give an undertaking to have regard to the public interest during negotiations for the UK’s withdrawal from the European Union in—

(a) maintaining employment rights and protections derived from EU legislation,

(b) ensuring that EU co-operation to end violence against women and girls, to tackle female genital mutilation and to end human trafficking will continue unaffected,

(c) the desirability of continuing to recognise restraining orders placed on abusive partners in EU Member States in the UK and restraining orders placed on abusive partners in the UK across the EU, and

(d) establishing a cross-departmental working group to assess and make recommendations for developing legislation on equality and access to justice.”

New clause 104—Agricultural Sector—Trade Deals—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to, and shall include, the agricultural sector in any new trade settlement with the European Union.”

New clause 163—Consultation with representatives of English regions—

“(1) Before the Prime Minister issues any notification under Article 50(2) of the Treaty on European Union, the Secretary of State shall set out a strategy for consultation with representatives of the English regions, including those without directly elected Mayors, on the UK’s priorities in negotiations for the UK’s withdrawal from the European Union.

(2) The Secretary of State shall nominate representatives for the purposes of subsection (1).”

This new clause would require the Government to designate representatives from English regions and set out a strategy for consulting them on the UK’s priorities in negotiations on withdrawal from the EU.

New clause 166—Rights and opportunities of young people—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must seek to ensure that the rights and opportunities of people aged under 25 in the United Kingdom are maintained on the same terms as on the day on which Royal Assent is given to this Act, including—

(a) retaining the ability to work and travel visa-free in the EU,

(b) retaining the ability to study in other EU member states on the same terms as on the day on which Royal Assent is given to this Act, and

(c) retaining the ability to participate in EU programmes designed to provide opportunities to young people, including programmes to facilitate studying in other EU member states.”

This new clause would ensure that the Government must seek to protect the rights and opportunities currently enjoyed by young UK nationals so that they should not become worse off than their European counterparts.

New clause 170—EHIC scheme—

“(1) In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Health Insurance Card (EHIC) scheme on the same basis as any other member state of the European Union”.

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Health Insurance Card (EHIC) scheme.

New clause 172—Erasmus+ Programme—report

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the Erasmus+ Programme on the same basis as any other member state of the European Union”.

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the Erasmus+ Programme.

New clause 174—European Research Area (ERA)—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Research Area (ERA) on the same basis as any other member state of the European Union”.

This new clause would require Her Majesty’s Government to negotiate continue to the UK’s participation in the European Research Area (ERA).

New clause 178—European Arrest Warrant—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Arrest Warrant on the same basis as any other member state of the European Union”.

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in the European Arrest Warrant.

New clause 181—Trade agreements—

“(1) In the course of negotiations with the European Union on the UK’s withdrawal from the Union, Her Majesty’s Government must have regard to the value of UK membership of the EU Customs Union in maintaining tariff and barrier-free trade with the EU.

(2) Before exercising the power to notify under section 1 of this Act, the Prime Minister should lay before Parliament an assessment of the value of UK membership of the EU Customs Union in maintaining ongoing tariff and barrier-free trade with the EU.”

New clause 183—Membership of the single market including EU-wide reform of freedom of movement—

“(1) In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must seek to—

(a) secure reforms of provisions governing the free movement of persons between EU member states in such a way as to allow for greater controls over movement of people for member states and to enable the UK to retain full membership of the European single market, or

(b) maintain the highest possible level of integration with the European single market.”

This new clause would ensure that the Government must seek to negotiate EU-wide reforms to freedom of movement in the single market to enable the Government to seek to retain membership of the single market or as close to membership as possible.

New clause 185—Euratom—

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Atomic Energy Community (Euratom) on the same basis as any other member state of the European Union.”

This new clause would require Her Majesty’s Government to negotiate to continue the UK’s participation in Euratom.

New clause 193—Conduct of negotiations—

“( ) Before giving any notification under Article 50(2) of the Treaty on European Union, the Prime Minister shall give an undertaking to have regard to public interest during negotiations in maintaining the United Kingdom’s membership of the European Convention on Human Rights and the European Court of Human Rights.”

Amendment 22, in clause 1, page 1, line 2, leave out “may” and insert “shall”

Amendment 23, page 1, line 2, after “notify” insert “by 31 March 2017”

Amendment 7, page 1, line 3, at end insert—

“if it is the intention of Her Majesty’s Government to continue to participate in EU Common Foreign and Security Policy”

This amendment would ensure that the UK’s withdrawal from the European Union would not affect the intention of Her Majesty’s Government to continue to participate in EU Common Foreign and Security Policy.

Amendment 8, page 1, line 3, at end insert—

“but not before 1st November 2017”

This amendment would ensure that any notification of intention to withdraw from the EU cannot be made before 1st November 2017.

Amendment 9, page 1, line 3, at end insert—

“and shall make it an objective for the United Kingdom to remain a member of the European Single Market.”

This amendment would ensure that the policy of HM Government shall be to negotiate the United Kingdom‘s continued membership of the European Single Market.

Amendment 29, page 1, line 3, at end insert—

“after consultation with the Government of Gibraltar.”

Amendment 30, page 1, line 3, at end insert—

“and its institutions with the exception of the European Defence Agency.”

Amendment 31, page 1, line 3, at end insert—

“and its institutions with the exception of Euratom.”

Amendment 32, page 1, line 3, at end insert—

“and its institutions with the exception of Europol.”

Amendment 33, page 1, line 3, at end insert—

“and its institutions with the exception of the European Space Agency.”

Amendment 34, page 1, line 3, at end insert—

“with the exception of the Common Foreign and Security Policy.”

Amendment 42, page 1, line 3, at end insert—

“The power to make this notification shall not include an intention to withdraw the United Kingdom from membership or participation of the European Atomic Energy Community (Euratom).”

Amendment 54, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Chief Minister of Gibraltar has notified Her Majesty’s Government that Gibraltar consents to the process for the withdrawal of the UK from the European Union.”

Amendment 89, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) the intention to withdraw the United Kingdom from membership of, and participation in, the European Atomic Energy Community (Euratom), until replacement treaties with other EU Member States and relevant third countries have been agreed.”

Amendment 35, page 1, line 5, at end insert—

‘(3) This section does not apply to Gibraltar.”

Amendment 38, page 1, line 5, at end insert—

‘(3) Before the Prime Minister issues a notification under this section, Her Majesty’s Government has a duty to lay before both Houses of Parliament a White Paper identifying new oversight, accountability and enforcement mechanisms replacing the role of the European Commission and the European Court of Justice to ensure an equivalent level of compliance with EU-derived environmental regulation upon withdrawal from the European Union.”

This amendment would ensure that the UK judicial system is prepared and ready to effectively perform the enforcement duties currently undertaken by institutions of the EU with regards to environmental regulation.

Clause 1 stand part.

Clause 2 stand part.

New clause 12—International trade—

“Her Majesty’s Government shall endeavour to incorporate into UK regulation the international trade policies that apply to the UK as a consequence of its membership of the European Union and European Customs Union on the date of the exercise of the power in section l.”

This new clause would make it the policy of HM Government to endeavour to “grandfather” existing trade policies currently applicable to the UK by virtue of UK membership of the EU Customs Union.

New clause 32—Social Chapter rights—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of Social Chapter rights.”

New clause 34—Free trade—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of tariff and barrier-free trade with EU member states.”

New clause 35—Environmental standards—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of environmental standards.”

New clause 36—Climate change—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to how this will deliver UK and EU climate change commitments.”

New clause 37—Research and Development—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of international collaboration on research and development by universities and other institutions.”

New clause 38—Common travel area—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of the common travel area with the Republic of Ireland.”

New clause 39—Crime and security—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of international collaboration on tackling crime and strengthening security.”

New clause 40—Economic and financial stability—draft framework—

“Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of economic and financial stability.”

New clause 50—Commencement—

“This Act shall not come into effect before Parliament has sat for one month following the first General Election that takes place after 31 March. 2017.”

New clause 133—Commencement—

“This Act does not come into force until the Prime Minister has certified that it is the policy of Her Majesty’s Government that on leaving the European Union the United Kingdom should as soon as possible accede to the European Economic Area Agreement as a non-EU party.”

New clause 141—Extent—

“This Act extends to the whole of the United Kingdom and to Gibraltar.”

New clause 186—Report on future participation in Euratom—

“Within 30 days of the Prime Minister exercising the power under section (1), a Minister of State shall publish a report on the United Kingdom’s intended future participation in and engagement with the European Atomic Energy Community (Euratom), and shall lay a copy of the report before each House of Parliament.”

This new clause would seek a report from Her Majesty’s Government on the UK’s participation in and engagement with Euratom, following the withdrawal of the UK from the EU.

New clause 192—Nuclear Collaboration—

“(1) Nothing in this Act shall affect the UK’s membership of the European Atomic Agency Community (Euratom).

(2) Notwithstanding the provisions of any other Act, Her Majesty’s Government shall treat the process of leaving Euratom as separate to that of leaving the European Union.”

[Paul Blomfield]

I rise to speak to new clause 2 and the other new clauses that stand in my name and those of my hon. and right hon. Friends, which have been judged to be in order. Over the past two days, we have had a series of important debates, primarily on the process that we face over the long period ahead. Today, we move on to new clauses and amendments on the substance of the Government’s negotiations. The debate on process was important precisely because it is about enabling the people of this country, through this elected Parliament, to hold the Government to account on the issues that matter to them: their jobs; the conditions under which our businesses operate; how we keep our country safe and secure; how we protect our environment for future generations; and how we ensure that we remain at the cutting edge of science and research and that we have an economy that is able to fund our NHS and all the services that are vital for our social fabric.

In the foreword to the White Paper, the Prime Minister claims that

“the country is coming together”,

but we are not there yet, and those portraying anyone with a different approach to Brexit as attempting to frustrate the will of the people—as some have done over recent days—does not help. Today, however, we can take an important step, because new clause 2 addresses many of the concerns not only of the 48% but of many of the 52%—those who voted to come out but did not vote to lose out. It is, in fact, a manifesto for the 100%. It puts at the front of the Government’s objectives a duty to maintain a stable and sustainable economy through having trading arrangements with the European Union for goods and services that are free of tariff and with non-tariff barriers. We on this side of the House have been clear that, in the negotiations, it is the economy and jobs that should come first, but the Government have decided otherwise. They are taking a reckless gamble with people’s jobs and living standards by walking away from the single market and the customs union.

--- Later in debate ---

[Paul Blomfield]

As I said, the right hon. Gentleman has had lots of time during Committee of the whole House. I want to move on to a different topic, and I am sure that he will want to get in later. [Interruption.]

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

Order. Mr Blomfield rightly wishes to speed up his introduction of the new clause; Members will be pleased about that when we come to the end of this debate and they find that they have had a chance to speak.

[Paul Blomfield]

Thank you, Mrs Laing.

--- Later in debate ---

[Paul Blomfield]

Mrs Laing?

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

Order. The former Chief Whip, the right hon. Member for Forest of Dean, knows better than anyone how business is conducted in this Chamber, and he knows what happens to people who do not do what they are meant to.

[Mr Bone]

Tell us, please.

[The First Deputy Chairman]

Mr Bone asks me to tell the House; there is no need.

[Paul Blomfield]

Thank you, Mrs Laing. To continue my point, our departure will clearly have implications for the many environmental, employment and consumer rights that have been won over the past 43 years.

--- Later in debate ---

[Paul Blomfield]

I will draw my remarks to a close.

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

Order. The Committee must allow the shadow Minister to draw his remarks to a close, or no one else will have an opportunity to speak, and it will not be my fault.

[Paul Blomfield]

Thank you, Mrs Laing. I draw my remarks to a close with the simple point that our new clauses provide a basis for bringing people together around plans that address the concerns of the 100%; supporting them would be a good first step.

--- Later in debate ---

[Mr Harper]

On a point of order, Mrs Laing. On Monday, I spoke about the amendments on devolution arrangements. I seem to remember that I took many interventions, including from the hon. and learned Lady. She was not, therefore, prevented from speaking; indeed, I seem to remember that the person in the Chair at the time—[Interruption.]

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

Order.

[Mr Harper]

Opposition Members should let me finish making my point of order to the Chair. The person who was in the Chair made great efforts to facilitate the hon. and learned Lady’s speech, but there was then a kerfuffle when she objected to the amount of time she got. How can we put the record straight about the fact that she had a fair opportunity on Monday?

[The First Deputy Chairman]

The right hon. Gentleman does not need to put the record straight, because it is a matter of record. I have myself looked in Hansard, and by the simple use of my arithmetical powers, I have worked out how many people managed to speak, for how long they spoke and what contributions they made. Now, the hon. and learned Lady is asserting that she was prevented from speaking. Because there was a time limit on the debate and the hon. and learned Lady came quite late in the debate, there was not an awful lot of time left in which she could speak. But I think that, in saying that she was prevented from speaking, the hon. and learned Lady is making a rhetorical point rather than an arithmetical point, because her contribution to the debate has been considerable. She will note that she has been given the opportunity very early in today’s proceedings to speak, and I look forward to hearing her speak to the amendments to which she has put her name, and that is what we should stick to.

[Joanna Cherry]

I am very grateful, Mrs Laing, for your clarification. Indeed, I am speaking early today, because I am leading for the third party in this House, and it is my right to speak early in the debate.

--- Later in debate ---

[Mr MacNeil]

I am grateful to my hon. and learned Friend for taking Scotland into account. I hope that the promise made by the Prime Minister on 15 July will have greater gravity than that made by the previous Prime Minister on 10 September 2014, when David Cameron said on “Channel 4 News” that if Scotland voted to remain in the UK, all forms of devolution were there and all were possible. Yet when it came to the Scotland Bill—by this time, my hon. and learned Friend was a Member of Parliament—none of the amendments were taken, showing that none of the forms of devolution were there and none were possible. We have had one broken promise by the previous Prime Minister; let us hope that this Prime Minister can keep her word.

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

Order. I give the hon. Gentleman a lot of leeway, but it is this Bill that we are discussing right now. We cannot go on to previous Prime Ministers and previous Bills. I am sure that the hon. and learned Member for Edinburgh South West (Joanna Cherry), whose legal expertise is among the best in the House, will find a way of saying what she wants to say.

[Joanna Cherry]

I am bringing my remarks to a conclusion, Mrs Laing, because I am conscious that others wish to speak. I want to make it clear that the SNP broadly welcomes many of the amendments, including new clause 100, which would secure women’s rights and equality. We believe that the EU is about more than just a single trading market; it is also about the social ties that bind us and the social protections that it guarantees.

--- Later in debate ---

[Helen Goodman]

On a point of order, Mrs Laing. Is it appropriate for an hon. Member to refer to a document that is not available to the whole House?

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

I believe it is appropriate for an hon. Member to refer to whichever document he or she might care to quote. It would be a matter for the right hon. Member for Wantage (Mr Vaizey) whether he makes any more of the immediate quotation he wishes to use from any particular correspondence. We all have private correspondence.

[Alex Salmond]

Further to that point of order, Mrs Laing. Would I be in order to say that the custom and practice is that a ministerial letter about a debate should be circulated to Members and placed in the Library?

[The First Deputy Chairman]

The right hon. Gentleman is absolutely right, as ever—[Interruption]—or as often. If a letter or any document was produced by a Government Minister in his or her capacity as a Government Minister that was intended for the information of the whole House, it would indeed have to be placed in the Library or the Vote Office, or distributed on the Benches. Hypothetically, if there is a letter—I do not know whether there is or not—addressed privately to an hon. Member, it is a matter for the hon. Member.

[Mr Vaizey]

I am already in enough trouble with my Whips, Mrs Laing, so I suppose another faux pas will not get me to a much better place. I have only been in the House for 11 years, so I am still learning the ropes.