European Union (Withdrawal Agreement) Bill

Gary Streeter Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons & Money resolution & Programme motion & Ways and Means resolution
Friday 20th December 2019 Commons Chamber

[Several hon. Members rose—]

[Mr Deputy Speaker (Sir Gary Streeter)]

Order. In order for us to get everyone in before the wind-ups at 2 o’clock, the informal time limit on speeches is now five minutes.

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[Several hon. Members rose—]

[Mr Deputy Speaker (Sir Gary Streeter)]

Colleagues, we are not doing terribly well on timing. We have 15 more colleagues to speak and 2 o’clock is when the wind-ups begin. My maths are poor, but I believe that that is four minutes each.

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[Daniel Zeichner (Cambridge) (Lab)]

Sadly, we live in a very divided country. I have listened in vain to those on the Government Benches to hear whether they have any understanding of the 16 million people who voted to remain in the European Union—in my city last week, people voted 44,000 to 9,000 to remain. I have no sense that the Government understand those people, and that is a very dangerous situation, because people are proud to be citizens of the European Union. We do not welcome the erosion of the rights that we currently enjoy, so when there is celebration in a few weeks’ time by some, there will be real grief and anger from others. They will have a good reason to be angry, because in the previous Parliament there was a real prospect of securing a confirmatory referendum. The Prime Minister knew that, which is why he was so desperate to get to his election. He was on the ropes, but to everyone’s astonishment the Liberal Democrats came to the rescue—of course, they are not here. They took a huge gamble with the future of this country, and of course it failed and they have paid a heavy price, but sadly, so, too, has the whole country. What I will say is that their role in this will not be forgotten. [Interruption.] No, I did not vote for the election; I voted against it, which actually got the biggest cheer in the hustings in Cambridge—no elections in December ever again, please.

I am an optimist and I say to remainers: there is hope. We have seen that the Prime Minister, despite the bluster, folds under pressure. He folded when the Irish issue looked to be derailing his progress and, as my right hon. Friend the Member for Leeds Central (Hilary Benn) explained so well, he buckled and did what he and the previous Prime Minister said they would never do: create a border down the Irish sea. Less commented on is how he buckled under pressure from Farage when he threatened to put up candidates in every seat. That was when no deal was brought back: by that promise to not allow an extra extension of the transition period. We know it is all a stunt and negotiating ploy, but it shows that pressure works, so I say: keep the pressure on the Prime Minister.

A so-called skinny trade deal might keep goods flowing, and that is important, but so are the flows of people and research collaboration, and however hard we try, we will no longer be a voice in the room in those important negotiations. Instead, we will have an army of people in Brussels trying to persuade others to make the argument on our behalf—a delicious irony that we will come to see. We will have to follow rules over which we have no influence in making. That is the future. People will come to say, “Wouldn’t it be better if had some influence and a say?” That debate will come, but in the meantime we will have to live with what is a Brexit fiction, because in reality there is no Brexit. We always have to have a relationship with our neighbours. The question is how we manage and negotiate that: do we have endless negotiations and arguments, or do we live within a civilised set of institutions and rules that make it so much better?

[Mr Deputy Speaker (Sir Gary Streeter)]

Thank you. You kept to time beautifully.

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[Several hon. Members rose—]

[Mr Deputy Speaker (Sir Gary Streeter)]

I am afraid that I must now impose a formal time limit of four minutes.

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[Mr Deputy Speaker (Sir Gary Streeter)]

Last but certainly not least, Mr Mark Pawsey.

European Union (Withdrawal Agreement) Bill

Gary Streeter Excerpts

Committee stage & Committee: 2nd sitting: House of Commons & Committee: 2nd sitting
Wednesday 8th January 2020 Commons Chamber

[Thangam Debbonaire]

I beg to move amendment 11, in clause 38, page 37, line 24, at end insert—

“and has been so during the period since the passage of the European Communities Act 1972.”

[The Second Deputy Chairman of Ways and Means (Sir Gary Streeter)]

With this it will be convenient to discuss the following:

Amendment 35, in clause 38, page 37, line 39, at end insert—

“insofar as future primary legislation may expressly repeal all or any provisions of this Act, but only to that extent.”

This amendment would ensure that existing and future primary legislation that impliedly repealed Section 7A, etc of the European Union (Withdrawal) Act 2018 would be invalid, despite the doctrine of parliamentary sovereignty.

Clauses 38 to 40 stand part.

That schedule 4 be the Fourth schedule to the Bill.

Clause 41 stand part.

That schedule 5 be the Fifth schedule to the Bill.

Amendment 9, in clause 42, page 41, line 6, leave out from “force” to end of line 6 and insert—

“only when each House of Parliament has approved a motion tabled by a Minister of the Crown considering a ministerial economic impact assessment of the commencement of this Act.”

This amendment would require the House to endorse an economic impact assessment of measures this bill would implement.

Clause 42 stand part.

New clause 28—Conditional approval subject to a confirmation referendum—

‘(1) The condition in this subsection is that a further referendum has been held on the UK’s withdrawal from the European Union in which the electorate has been offered two options—

(a) the option for the UK to leave the European Union in accordance with the withdrawal agreement and a framework for the future relationship; and

(b) the option for the UK to remain in the European Union on existing membership terms

and that the Chief Returning Officer has certified that a majority of voters has supported the option for the UK to leave the European Union in accordance with the withdrawal agreement and the framework for the future relationship.

(2) If the condition in subsection (1) has been fulfilled, then—

(a) the approval of the withdrawal agreement by the House of Commons required under section 13(1)(b) of the European Union (Withdrawal) Act 2018 is deemed to have been given;

(b) the House of Lords is deemed to have debated the motion required under section 13(1) of the European Union (Withdrawal) Act 2018;

(c) the European Union (Withdrawal Agreement) Act 2019 is, for the purposes of section 13(1)(d) of the European Union (Withdrawal) Act 2018, an Act of Parliament which contains provision for the implementation of the withdrawal agreement;

(d) the Government must ratify the withdrawal agreement within the period of three days beginning on the day after certification by the Chief Returning Officer under subsection (1); and

(e) requirements in section 20 of the Constitutional Reform and Governance Act 2010 (Treaties to be laid before Parliament before ratification) do not apply to the withdrawal agreement (but this does not affect whether that section applies to any modification of the withdrawal agreement).”

This new clause would require the Government to give the public the final say on Brexit through a people’s vote, with the choice between leaving under the terms of the withdrawal agreement and remaining in the EU.

[Thangam Debbonaire]

I rise to speak about parliamentary sovereignty. Clause 38 is a puzzle, and we have tabled our amendment 11 to tease out more of that puzzle, to try to work out what it is for and to expose some of what we on this side believe has been quite puzzling leadership on the part of those who have been peddling the idea that we are going to take back control of our laws, our money and our borders because they have somehow not been under our control for the last 40 years. I am going to stop using the phrase “take back control” in a moment, but I will first analyse it to make my point about our amendment.

We have been repeatedly told that the EU referendum was about taking back control and restoring parliamentary sovereignty. I am seeing nods from certain esteemed Government Members telling me that that is indeed what it was about. It was not about that, however. I find this most puzzling. Have we ever actually lost our parliamentary sovereignty? The answer is, of course, no. Saying that Brexit is about taking back control of our laws, our money and our borders is quite extraordinary. Let us start with laws. Have all the laws we have passed in the past 40 years been just a dream? Did we imagine all those laws? Just in the four years since I took my seat, we have passed law after law. We have put Bills through a process of scrutiny, debate and amendment.

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[Dr Whitford]

Does the right hon. Gentleman accept that we did respect the result? We have been here for four and a half years. We would not have been if we did not respect it; we would have been independent, and we would not be being dragged over the EU cliff at the end of this month. He should accept that the claim of right that Scotland has had for 331 years did not disappear in 2014, and that his party has changed the entire fabric of the United Kingdom. It cannot continue to treat Scotland’s views with disrespect.

[The Second Deputy Chairman of Ways and Means (Sir Gary Streeter)]

Just before the right hon. Gentleman continues, we do not want to be dragged into a debate on Scottish independence on clause 38. Let us continue to debate these amendments and the clause.

[John Redwood]

Good advice, but I am trying to address the SNP point related to its proposals on how we treat devolved government fairly and whether we are listening properly to Scotland. I think that we are very much listening to Scotland, but we have to understand that the matter of the Union is a responsibility of the Union Parliament, and that the matter of our membership of the European Union is a responsibility of the European Parliament. It is the hon. Lady’s misfortune to have been on the wrong side in two referendums, but there has been a deeply democratic process in both cases, as to whether Scotland stays in the Union and whether we stay in the EU.

I urge my right hon. and hon. Friends on the Front Bench to remember that there is a fourth country in our Union: the country of England. We are very reasonable people, and we do not go on and on about English issues. However, when we get to this debate over how the different parts of the United Kingdom are consulted and respond to the issue of how we leave the EU, England too needs a voice within the Government and needs to be seen as an important part of the process.

The overwhelming vote for Brexit was an English vote because in numbers, England is a very large part of the Union. That is important, just as the Scottish and Northern Irish view is. I hope that the Government will look at this machinery of government issue and make sure that there is, within Government, a clear and definitive English voice. In due course, I think that we need to discuss whether this Parliament should have an English Grand Committee that can not only veto proposals that England does not like, but make proposals that England wants, because that would do something to correct the obvious imbalances that make this a particularly difficult matter to settle, when the largest part of the Union, with the overwhelming Brexit vote, is not formally represented in the discussions.

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[Geraint Davies]

To be clear, I said that the proposition was remain or public vote on the deal. The Labour party position essentially was that the oven-ready Brexit would be bad for Britain—it would make us more divided, weaker, poorer, more isolated and so on—and that we could put together a better Brexit that protected our jobs through trading alignment and our environment and workers’ rights through dynamic alignment of those conditions.

[The Second Deputy Chairman of Ways and Means (Sir Gary Streeter)]

Order. This is very interesting, but the hon. Gentleman is not speaking to the amendments or the clause. His speech is more a Third Reading speech, for which there will be plenty of opportunity tomorrow. If he has a speech to make on the amendments, we look forward to hearing it.

[Geraint Davies]

I apologise for responding to the speech made on this subject by the right hon. Member for Wokingham, but I will not go on about that any more.

I want to focus on clause 38, on sovereignty, and new clause 28, on whether we should have a confirmatory referendum, which I was just talking about. I was making the argument, which I will stop making, Sir Gary, in support of the proposal in new clause 28, that there was a legitimate case for a confirmatory referendum on the grounds that most people voted for either remain or a second referendum and that the position of the Labour party was to have a second referendum.

In defining sovereignty, the hon. Member for Stone and others have said that having sovereignty means we can make all our own decisions here and that everything will be all right. I accept that that is an idea in the minds of many voters, and intuitively it sounds very sensible, but in practice is that really what would happen? I contend that this Brexit will reduce our sovereignty and that therefore clause 38 is misleading. At the moment, we have pooled sovereignty in the EU. We are one of 28 countries, but our vote is proportionate to our population. The right hon. Gentleman suggested that things are rammed through without our being consulted—that they just happen to us—but even in majority voting we have a veto, together with others, such as Germany, for example, which is the biggest player and is very worried that when we leave it will not be able to exercise, with us, certain restraints and constraints on the EU.

Ultimately, if we have a close trading relationship with the EU, to which after all 44% of our trade goes—from a Welsh point of view, more like 60%—we will need some level of equivalence, which will mean our having to accord with standards decided in a closed room without us being in that closed room. Surely, that is less sovereignty, not more. We will have to make the following decision: do we agree with something that has been decided without us rather than our being able to argue and block it, with Germany and others, or do we want to be out of the room deciding whether to accept the rules that are coming over—and if we do not accept them it might hinder our trade? That does not sound like sovereignty improvement to me.

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[Geraint Davies]

The hon. Lady makes an excellent point about the chilling effect of that overhanging threat.

Let us be clear on the specifics. Lots of people talk about the impact of this on our health service and about the Americans arriving and taking our data and privatising the health service. But apart from that, let us think about the public health impact of these changes in relation to sugar. The NHS spends £12 billion a year on diabetes—

[The Second Deputy Chairman of Ways and Means (Sir Gary Streeter)]

Order. I understand that the hon. Gentleman is trying to link this to the overall concept of sovereignty, but he is now talking about future trade deals rather than about clause 38 of the Bill and sovereignty. I would just encourage him to come back to the clause.

[Geraint Davies]

I am grateful for your guidance.

I guess the point is that sovereignty is about our ability to make laws here without intimidation or interference, but that we could find ourselves outside the EU and no longer able, for example, to introduce a tax on sugar that would reduce the cost of obesity to the NHS. We could have a situation where we want to let people know that there are six teaspoonfuls of sugar in a Müller Light yoghurt and nine in a Coca-Cola, and we want to drive down sugar content in order to drive down diabetes and health costs. Instead, we could be fined because the projection of a manufacturer of a sugar-impregnated product was less than that. That is not sovereignty. If we cannot protect our environment, our public health and our trade because we will be under the cosh with these companies suing us through the arbitration panels, that is not sovereignty. This clause should therefore be struck out, because it is completely misleading.

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[Ian Paisley]

The hon. Member speaks as if trade is all one way. One of Germany’s biggest trading partners is the United Kingdom. Does he think that it wants to go down the road he is describing? The Germans will want to ensure that they continue to have a good trading relationship with the United Kingdom no matter whether Britain is within or outside the EU.

[The Second Deputy Chairman of Ways and Means (Sir Gary Streeter)]

I call Geraint Davies to talk on sovereignty and clause 38.