United Kingdom Internal Market Bill

Fay Jones Excerpts

Wednesday 16th September 2020 Commons Chamber

Then there is the Lord Chancellor’s argument that the Bill would amount to an acceptable, rather than unacceptable, breach of the law. Again, Professor Elliott argues that no such distinction in law exists. He concludes that there is no justification for the power grab in this Bill. I could quote 100 different constitutional experts on different clauses of the Bill, making the Government’s arguments look so much like chopped salami, but I need to make progress and allow colleagues to speak—much good that will do us after this power grab.

[Fay Jones (Brecon and Radnorshire) (Con)]

The hon. Gentleman is making a passionate speech and I am grateful to him for giving way. Could he please tell me which powers are being taken away from the Welsh Parliament?

[Alex Sobel]

There is a list of areas in clause 46 where the Government are taking powers for direct funding into the devolved nations.

The upshot is that passing the Bill intact would not provide a safety valve or insurance if the Government’s oven-ready deal threatened to burn down the house; if the house burned down, the tenants—our home nations—would rebuild it several feet apart, ending our historic Union. The Government never were honest that leaving the European Union would create an existential threat to our United Kingdom. They have never addressed the inherent tensions that they themselves created and that the Bill deepens rather than resolves.

Upending our international reputation as a nation that upholds the law, and creating the barriers to trade that no deal would create, will have severe consequences and threatens creating an unstoppable force that will cause our nation’s fabric to be permanently rent asunder. I cannot support that, and neither should Government Members. That is why I support the Labour Front-Bench amendments in the name of my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer).

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[Stephen Crabb]

I will not give way again, because lots of colleagues want to speak.

The Bill strikes the right pragmatic balance in how it goes about strengthening the devolution settlement in the context of bringing back powers from the EU to the Governments of our internal market and how we divide up those powers and share them among the legitimate elected bodies that now constitute our constitution across the United Kingdom.

I want to speak in some more detail about the expenditure powers, which I support, that we are really debating under this part of the Bill. I do not support UK Ministers wanting to become the default authority for spending in devolved areas, but that is not what this is all about. This is actually about recognising that the UK Government have a duty of care for their citizens in every part of the United Kingdom, and that should not be a controversial thing. It certainly should not be controversial to Unionists that the UK Government should be able to spend money in all parts of the United Kingdom. When did the vision of devolution ever become about stopping this place having any kind of writ of authority in Wales, Scotland and Northern Ireland?

[Fay Jones]

On that point, this Bill could not be better timed as people recover from covid-19. Investing in jobs and livelihoods and generating prosperity in all four corners of the United Kingdom is exactly what this Government should be doing.

[Stephen Crabb]

My hon. Friend is absolutely right. There is a pragmatic purpose at the heart of the Bill, as well as a constitutional one. Again, I remember back to the days I was Secretary of State for Wales: there was no shortage of Opposition Members wanting to come to the Wales Office to discuss projects for which they were desperate to see funding. Time and again, we had to say to Labour colleagues, “I am so sorry, we do not have the ability to support that essential, important work with funding,” and they went away disappointed. I am so disappointed to see that Labour Members are actually falling into line behind the nationalist position today and saying that we should not have the ability to fund projects.

If hon. Members want specific examples, earlier this year we had devastating floods affecting Wales. Loads of rugby clubs in south Wales had infrastructure damaged.

Could we support the Welsh Rugby Union when we were asked for funding to support those rugby clubs in Wales|? No, because the devolution settlement said we had no right to be able to do that. I could give other examples. I could talk about the towns fund, which has previously been mentioned in this debate. Labour Members earlier this year stood up and said that they wanted to see their towns and their communities benefit from the towns fund. We could not do it: the devolution settlement said no.

Surely it is not right that the elected UK Government are forbidden, blocked and barred from being able to act in these areas—yes, acting in partnership, in concert, with the devolved Administrations. I strongly welcome the measures in the Bill and I am opposed to a devo-lock—a devolution barrier or block—against the UK Government acting.

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[Fay Jones]

It is a pleasure to speak in this lively debate and to follow the right hon. Member for East Antrim (Sammy Wilson). He has been a Member of this House for a very long time, but I hope one day that I will be able to speak like that with very few notes.

Clause 46 is the element of the Bill that I most warmly welcome, but overall this is an excellent piece of legislation. Small businesses and farmers in my constituency have always been forward thinking and export-minded. On their behalf, I give this Bill my firm support. As we work on free trade deals with new and innovative foreign markets—I congratulate the Secretary of State for International Trade on already securing one such agreement with Japan—the UK Government must also seek protection for businesses as they trade within the four countries of the United Kingdom. Goods produced in one part of the UK must have the security that is provided by this internal markets legislation. I want lamb reared in Builth Wells to be on the menu in Belfast.

[Sarah Atherton (Wrexham) (Con)]

Twenty-seven per cent. of final goods produced in Wales are exported to the rest of the United Kingdom—[Interruption.] They are. Wrexham houses the largest trading estate in the UK and sits four miles from the English border. Does my hon. Friend agree that we need continued unfettered access, and that this Bill provides that security under the commitment to market access?

[Fay Jones]

My hon. Friend is absolutely right. We both represent border constituencies, and we share that concern.

Devolution has been the subject of much of this debate. Critics of the Bill argue that this is a power grab, and that powers are being stolen from the Welsh Parliament, but that is simply not the case. Over the weekend, I voiced my support for the Bill on Twitter—always a stupid thing to do—but I was met with a torrent of abuse and foul language, stirred up by supporters and even members of opposition parties. I will not be intimidated into not promoting the Bill. I find it amusing that those contorting themselves with outrage about the Bill on social media blindly support a European Union that is frequently in breach of the law.

This legislation is exactly what people in Wales, and especially my constituents, want. In Brecon and Radnorshire, we are proud Unionists. We want two Governments willing to support us in Wales, but sadly we do not quite have that at the moment.

[Dr James Davies (Vale of Clwyd) (Con)]

My hon. Friend is making some strong points in favour of the Bill. As a mid-Wales MP, she knows of the strong interdependence between mid-Wales and the west midlands. Likewise, north Wales has extremely strong links with north-west England, as the Mersey Dee North Wales all-party group, which I chair, recognises. It is vital for our constituents that infrastructure that crosses the border is invested in, so will she welcome clause 46 as a means of supporting that investment?

[Fay Jones]

I absolutely will. My hon. Friend makes a very important point, which I will come back to later.

I want to look quickly at the notion of a power grab. If I phoned the police and said that my car had been stolen, but when they arrived explained that I never owned the car in the first place, I do not think I would be taken seriously. That is absolutely how we should treat the hysteria of Opposition Members.

When the UK left the European Union, we did so as one United Kingdom. The powers that are returning through the Bill, outlined in clause 46, were ceded to Brussels as part of our membership of the European Union. As sovereignty is restored to this Parliament and the devolved Administrations, it is right that powers should also be restored. Members of this House will recall a long drawn-out legal case brought by Gina Miller, which confirmed that this Parliament was and remains sovereign, and this Bill reinforces that. In addition, the Welsh Parliament will be handed responsibility for 70 new policy areas while none of the existing areas of legislative competence is being removed, so to those who argue this is a power grab, I simply say, “You cannot lose something you never had.”

The Bill will give the UK Government the power to do exactly what they should be doing—strengthening even further the most successful political and economic union in history. It is about doing more at a reserved level, not less at a devolved level. It will give the UK Government the power to invest in Wales’s economic development, something that successive Governments in Cardiff Bay have refused to do. Broadband is a good example of that; according to the House of Commons Library, Brecon and Radnorshire lags at 648th in the league table of 650 constituencies for broadband speed. [Interruption.] I hear the hon. Member for Cardiff North (Anna McMorrin) chuntering from a sedentary position, but that is in the House of Commons Library. Her party is responsible for it.

Schemes such as the Welsh Government’s Superfast Cymru have been enabled by taxpayers in Brecon and Radnor, despite them barely having felt the benefit of that money, while the south Wales valleys—a hotbed of Labour party support—are fully connected up with high-speed internet access. Areas that do not vote Labour in Wales are punished with second-rate public services and we must correct this.

[Shaun Bailey (West Bromwich West) (Con)]

Will my hon. Friend clarify something for me? If I am right and have interpreted the Bill correctly, in theory, the UK Government could put together the M4 relief road, which the Labour party has just decided not to go with. Am I correct in that analysis?

[Fay Jones]

That is certainly a good point and one that has been hotly contested. The Welsh Government wasted an awful lot of money on it, but never even arrived at a decision.

Through the Bill, there are huge opportunities for Brecon and Radnorshire. I can get my shopping list out and bid for funding for a new general hospital. Considering we are the largest constituency in England and Wales by land and we do not have a district general hospital, that will be very welcome. Constituents are forced to travel outside Powys to hospitals in Hereford, Swansea or Aberystwyth for treatment. I see the Minister making notes. I assure her I would bite her hand off on this. The same can be said for railway infrastructure. We can utilise the nascent Marches growth deal and reopen the railway between Hereford and Brecon, boosting our tourism opportunities while providing greener public transport solutions.

The Bill delivers on exactly what we said we would do at the general election. It enables us to level up in all four corners of the United Kingdom. It will be warmly welcomed in mid-Wales, which has been ignored by Labour and the Liberal Democrats in coalition in Cardiff Bay. Sadly, there is no doubt that the opposition parties will use the Bill as an opportunity to reignite their campaign of talking down our potential as a sovereign, independent nation. Rather than strengthening our Union and empowering our Parliaments in all four nations, they would prefer to be subservient to Brussels for decades to come. I say to them that now is not the time to remain in the past. Rather, it is time to look forward to a new chapter in our shared history, laying the foundations for making this the most prosperous chapter yet. This Bill and this clause do exactly that.

[Claire Hanna (Belfast South) (SDLP)]

Unfortunately, I missed it, but I have heard from one of the enraptured fans of the hon. Member for North Antrim (Ian Paisley) that he asked what in the withdrawal agreement, what in Brexit and what in this protocol defends the Good Friday agreement. If the Committee does not mind, I will take a minute to explain.

I do not know whether Members watched the sit com “Only Fools and Horses”, but anytime Del wanted Rodney to do something difficult or emotional, he would say, “Rodney, on her deathbed, our mother said…” Then he would proceed to make his pitch. I feel that, sometimes, the Good Friday agreement is used in the same way.

For example, the Prime Minister is before a Committee today, invoking the Good Friday agreement and then proceeding to endorse actions that would go through it. I will take a minute to explain this to people and invite them to take their understanding of the Good Friday agreement not from those who stood outside and screamed through the windows when people were negotiating that agreement, and not from people who fought tooth and nail to prevent the implementation of the agreement while others were doing the heavy lifting to prevent slaughter on the streets and hopelessness for young people.

When people go to listen about the Good Friday agreement, they should please select their sources carefully. It does not have an enormous amount to say about borders, hard or soft, because, it is fair to say, in 1998 there was an assumption that shared EU membership, like the air around us and the ground beneath our feet, would be something that we would have in common between Britain and Ireland. There are numerous references to growing friendships between our two islands through that body. It says a lot about relationships. It is about relationships at its core—about relationships within Northern Ireland between different traditions, relationships north and south, and relationships between our two islands. The past four years have profoundly strained every single one of those relationships. Furthermore, the things that that we wanted or needed to talk about less—borders, sovereignty and passports; the things that the Good Friday agreement allowed us to potentially move on from—have been inserted into our everyday lives every minute of every hour of the past four years. It also has a lot to say in the political declaration about the rule of law—about democratically agreed structures and respectful process. Members can decide whether or not what has happened in the past four years meets those criteria.

Our amendment 19 seeks to mitigate some of the damage caused by clause 46. As well as all that I have said about the Good Friday agreement, it was also about local decision making and putting power in the hands of local people—building up trust between communities and between elected representatives by working in the common interest in making decisions together. Indeed, it was those factors, with the possibility of self-determination and unhindered access to the whole of the island, that allowed peaceful, constitutional, democratic Irish nationalism of the tradition that my hon. Friend the Member for Foyle (Colum Eastwood) and I represent to triumph over violent republicanism. That is some of what we are losing whenever we take away the ability for people to make their own decisions.

We are not making a nationalist argument. The argument is not that we are opposed to a UK internal market. I can read a spreadsheet as well as anybody in this room, and I understand the value of the economy and all that flows east to west. By the way, of course, the barriers to trade are a consequence of hard Brexit ideology; we argued and fought against barriers in any direction. The point that we are trying to make is that we need to protect the discretion to tailor to our own needs. The late John Hume, who passed away last month, said many times that the best peace process is a job. It was EU structural funds, regional funds and rural funds that transformed Northern Ireland at a time when it desperately needed them. They did that by engaging local expertise and an understanding of local need. I have heard Members complain that some of the regions got more than their fair share. I do not feel any shame about that, because those funds were targeted on the basis of need, and Northern Ireland did benefit very substantially. But those funds will disappear and will be replaced by the shared prosperity fund, which has no defined role for the devolved institutions. As we heard earlier, we were promised a consultation on what that would look like by the end of 2018, but, as far as I am aware, it has not appeared.

I will never be one to turn up my nose at investment for anywhere, particularly for the region I represent, but it has to be investment that is spent strategically, with consent. Public money should be spent in a joined-up and transparent way—and I say, with the greatest respect, that this Government do not have a tremendous record on any of those things. Every few months, they raise the prospect of a bridge from Scotland to Northern Ireland—this, by the way, from a Prime Minister who could not build a bridge from London to London. If you actually go to Northern Ireland, you will find that most people would much rather have a decent road from Belfast or Derry.

A core part of the 1998 agreement, strand 2, was about north-south co-operation and the potential for that through shared EU funds. The new proposed approach could greatly undermine that if these investments are made without appropriate consultation. I appreciate that people have different perspectives and I try to understand them, but what some Conservative Members and others here might see as the opportunities of global Britain I worry will become, under this Bill, the obligations of global Britain to accept things like chlorinated chicken and the US forays into public services. With respect, before the summer we gave this Government numerous opportunities, in numerous Bills, to put into legislative effect protections against those things, and they refused to do so. It is therefore understandable that people within those industries in devolved areas do not have the confidence that they would be able to ward off those changes. It must also be understood that our economy is very different. A third of Northern Ireland’s exports are in agrifoods; we cannot withstand that same pressure, as this is how people make their living.

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[Dehenna Davison]

I will not give way again. I know by now I should not be surprised by SNP Members’ antics, but I am surprised by the tone of their amendments today. I find it remarkable that SNP Members are against the prospect of additional funding for their communities. They would rather have UK taxpayers hand over our pocket money to Brussels in order for it to siphon off a portion, give us a measly bit back and pat us on the head. Well, I say no. We already know that the SNP is adamant that it wants to break up our Union, but why is it so unwilling to be given powers by the UK Government, yet so willing to hand them away to Brussels? I have spoken of the freedoms that we have.

[Fay Jones]

I thank my hon. Friend for giving way. She is perfectly capable of taking care of herself, but I have to say that the way in which senior Opposition Members are hectoring and bullying a younger female Member of this House is shameful.

[Dehenna Davison]

That is much appreciated. I must say I really respect the fact that we on this side of the House tend to be more polite and to listen when Opposition Members are speaking.

I have spoken about the freedoms that we have, and about the freedoms that we are aiming to deliver. They are the freedoms that the British public have told us time and again that they want us to have. Clause 46 is a vital part of a Bill that allows us to maintain and reclaim our freedom, and that is why I reject the amendments laid down by other hon. Members.

But today is about more than just these clauses and this Bill; it is about the very heart of our democracy. We find ourselves today at a defining moment in British history, and on this day we must recall that the British people have the freedom to choose their own future, that they freely chose to leave the EU, that they have put their faith in our Prime Minister, and that they need us to be able to operate in a sovereign manner to allow us to open our arms to the world. We will look back on this moment in the years to come, and we owe it to ourselves and our constituents to say that we stood on the right side of history.

With just weeks to go until the end of negotiations in the David and Goliath battle between the UK and EU, this is the eleventh hour. We have a duty to honour the freedom that the British public have, so we must reclaim our sovereignty, protect the territorial integrity of the United Kingdom and empower the country to trade with nations around the world, not just with our immediate neighbours. As the voice of the British people, it is our responsibility to create the brighter future that they have demanded, and on this day we must vote to give the Government the freedom they need to achieve that. I ask my hon. and right hon. Friends right across the House to vote with me, to vote with the voice of the British people and to vote to uphold the freedom of choice that underpins our democracy. I will always stand for freedom, and this week I have been and will be voting for it. I hope hon. Members will too.