European Union (Withdrawal Agreement) Bill

George Howarth Excerpts

Committee stage & Committee: 1st sitting: House of Commons & Committee: 1st sitting
Tuesday 7th January 2020 Commons Chamber

[Sammy Wilson]

Yes. I—

[The First Deputy Chairman of Ways and Means (Sir George Howarth)]

Order. I was hesitating to interrupt the right hon. Gentleman, because I thought that he was reaching his peroration, but may I just remind him that he should keep his remarks as close as possible to the clauses and new clauses that we are debating?

[Sammy Wilson]

Let me conclude my speech, Sir George, by issuing a word of caution about clause 33. While a deadline of December this year can put pressure on the EU, it can also put pressure on the Government. As we in Northern Ireland have learned, the pressure on the Government from the 31 October deadline led to concessions that were not good for, at least, our part of the United Kingdom. This is where Government will and determination are important.

Equally, the deadline that the Government have imposed on themselves could be used by EU negotiators to make demands. Those negotiators could say, “If you want a deal by that stage, here are the things that we want from you: we want you to make concessions on fishing, on level playing fields, on payments and on a whole range of other things.” That is the only word of caution that I will issue. Deadlines put pressure on both sides, and come December this year, whether the Government are prepared to stand firm in the face of their own deadline and not be pushed around will be a test of their will.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clauses 2 to 6 ordered to stand part of the Bill.

Clause 7

Rights related to residence: application deadline and temporary protection

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I beg to move amendment 5, page 9, line 36, leave out from “Crown” to end of clause and insert

“must by regulations make provision—

‘(a) implementing article 18(4) of the withdrawal agreement (right of eligible citizens to residence documents proving legal status), including making provision for a physical document;

(b) implementing article 17(4) of the EEA EFTA separation agreement (right of eligible citizens to residence documents proving legal status) including making provision for a physical document; and

(c) implementing article 16(4) of the Swiss citizens’ rights agreement (right of eligible citizens to residence documents proving legal status).’”

This amendment would mean that EEA and Swiss citizens residing in the UK would automatically have rights under article 18(4) of the withdrawal agreement (and equivalent provisions in the EEA EFTA and Swiss citizens’ rights agreements) rather than having to apply for them, and would have the right to a physical document proving their status.

[The First Deputy Chairman of Ways and Means (Sir George Howarth)]

With this it will be convenient to discuss the following:

Amendment 6, page 10, line 41, at end insert—

‘(3A) Regulations made under this section shall apply to—

(a) the rights of all persons eligible for leave to enter or remain in the United Kingdom by virtue of—

(i) the withdrawal agreement, or

(ii) residence scheme immigration rules (see section 17) as in force on 21 December 2019, and

(b) such other persons as Ministers consider appropriate.

(3B) The residence scheme immigration rules (see section 17) may not be amended so as to reduce the range of persons eligible for leave to enter or remain in the United Kingdom by virtue of those rules (other than by primary legislation), but other persons may be added as Ministers consider appropriate.”

This amendment would ensure that the range of persons entitled under UK law to benefit from the rights set out in the Withdrawal Agreement cannot be reduced except by primary legislation.

Amendment 27, page 10, line 41, at end insert—

‘(3A) Regulations made under this section may not prevent EEA and Swiss nationals, or their family members, who are resident in the United Kingdom on or prior to 31 December 2020 applying for settled status at any time.”

This amendment would ensure that people eligible for settled status would not be prevented from obtaining it by an application deadline.

Clause stand part.

Clauses 8 to 10 stand part.

Amendment 2, in clause 11, page 14, line 2, leave out subsection (1) and insert—

‘(1) A person may appeal against a citizens’ rights immigration decision to the First-tier Tribunal.”

This amendment would give a right of appeal against a citizens’ rights immigration decision.

Amendment 3, page 14, line 24, leave out subsections (3) and (4) and insert—

‘(3) Subject to subsection (4), while an appeal is pending, the person concerned shall be deemed to have all the rights associated with indefinite leave to remain under the residence scheme immigration rules, in particular as concerns residence, employment, access to social security benefits and other services.

(4) Subsection (3) does not apply to an appeal against a decision falling within subsection (2)(a) or (c).

(4A) “Pending” shall have the same meaning for the purposes of subsections (3) and (4) as in section 104 of the Nationality, Immigration and Asylum Act 2002.”

This amendment would protect the rights of EU citizens while their appeals are pending.

Amendment 20, page 14, line 24, leave out “also”

This amendment is consequential on Amendment 2.

Amendment 7, page 14, line 25, leave out “(including judicial reviews)”

This amendment would remove the power being provided to ministers to make regulations about judicial review of certain immigration decisions.

Amendment 21, page 14, line 27, leave out “(1) or”

This amendment is consequential on Amendment 2.

Clauses 11 to 14 stand part.

That schedule 1 be the First schedule to the Bill.

Clause 15 stand part.

Amendment 22, in schedule 2, page 46, line 12, leave out “Secretary of State” and insert

“Independent Chief Inspector of Borders and Immigration”.

This amendment would make the Independent Chief Inspector of Borders and Immigration responsible for appointing non-executive members to the independent monitoring authority, rather than the Secretary of State.

Amendment 23, page 46, line 20, leave out “Secretary of State” and insert

“Independent Chief Inspector of Borders and Immigration”.

This amendment would make the Independent Chief Inspector of Borders and Immigration, rather than the Secretary of State, jointly responsible with non-executive members of the Independent Monitoring Authority for ensuring that, as far as possible, numbers of non-executive members exceed the number of executive members on the IMA.

Amendment 37, page 59, line 15, leave out paragraphs 39 and 40

This amendment would require any transfer or abolition of the functions of Independent Monitoring Authority for the Citizens’ Rights Agreements to be by way of primary legislation.

That schedule 2 be the Second schedule to the Bill.

Clauses 16 and 17 stand part.

New clause 5—Protecting EU Citizens’ Rights—

‘(1) This section applies to—

(a) European Union citizens having the right to reside permanently in the UK according to Article 15 (“Rights of permanent residence”) of the Withdrawal Agreement;

(b) persons to whom the provisions in (a) do not apply but who are eligible for indefinite leave to enter or remain, or limited leave to enter or remain by virtue of residence scheme immigration rules (see section 17).

(2) A person to which this section applies has the rights and obligations provided in Article 12 and Title II Part II ‘Citizens’ Rights’ of the Withdrawal Agreement.

(3) The Secretary of State must by regulations make provision—

(a) implementing article 18(4) of the withdrawal agreement (right of eligible citizens to receive a residence document), including making provision for a physical document providing proof of residence;

(b) implementing article 17(4) of the EEA EFTA separation agreement (right of eligible citizens to receive a residence document) including making provision for a physical document providing proof of residence;

(c) implementing article 16(4) of the Swiss citizens’ rights agreement (right of eligible citizens to receive a residence document) including making provision for a physical document providing proof of residence.

(4) No provision of this or any other enactment, or adopted under this or any other enactment, may be used to require European Union nationals and their family members, or nationals of Iceland, Norway, Liechtenstein and Switzerland and their family members, who reside in the United Kingdom immediately prior to the end of the implementation period, to apply for a new residence status under Article 18(1) of the Withdrawal Agreement, or to introduce a deadline for applications under residence scheme immigration rules or relevant entry clearance rules.

(5) Residence scheme immigration rules and relevant entry clearance immigration rules may not be amended to provide that any person who benefited or is eligible to benefit under those rules on the day on which this Act is passed benefits any less than he benefited or was eligible to benefit on the day on which this Act is passed.”

This new clause provides for all EU citizens who are resident in the UK before exit day to have the right of permanent residence, whether or not they have been exercising treaty rights, and makes sure that every person who is entitled to settled status has the same rights.

New clause 18—Fee levels and exemptions—

‘(1) No person to whom regulations under section 7(1) (as qualified by section 7(2) and 7(3)) apply may be charged a fee to register as a British citizen that is higher than the cost to the Secretary of State of exercising the function of registration.

(2) No child of a person to whom subsection (1) applies may be charged a fee to register as a British citizen if that child is receiving the assistance of a local authority.

(3) No child of a person to whom subsection (1) applies may be charged a fee to register as a British citizen that the child or the child’s parent, guardian or carer is unable to afford.

(4) The Secretary of State must take steps to raise awareness of people to whom this section applies of their rights under the British Nationality Act 1981 to register as British citizens.

(5) A Minister of the Crown may amend, waive or restrict any requirement of any other person to pay a fee to register as a British citizen where the Secretary of State considers it appropriate or necessary to do so in consequence of any discrimination between people of, or children of people of, differing nationality or other status.”

This new clause would ensure that persons entitled to benefit from the citizens’ rights protections in the Bill did not miss out on registering as a citizen of the UK because of the level of fee currently charged.

New clause 33—EU Settlement Scheme: physical documented proof—

‘The Secretary of State must make provision to ensure that EEA and Swiss nationals and their family members who are granted settled or pre-settled status are provided with physical documented proof of that status.”

This new clause would require the Government to provide physical documents to enable people to prove their settled status.

New clause 34—Settled status: right to appeal—

‘(1) A person may appeal against a settled status decision to the First-tier Tribunal.

(2) A settled status decision includes a decision—

(a) to refuse to grant leave to remain under Appendix EU of the Immigration Rules made under section 3(2) of the Immigration Act 1971, or

(b) to grant limited leave to remain under Appendix EU of the Immigration Rules made under section 3(2) of the Immigration Act 1971 to a person who has applied for indefinite leave to remain under that Appendix.

(3) An appeal against a decision under subsection 2(b) may be brought only on the grounds that the person is entitled to indefinite leave to remain under Appendix EU of the Immigration Rules.

(4) While an appeal under subsection 2(a) is pending, the person concerned shall be deemed to have all the rights associated with indefinite leave to remain under Appendix EU of the Immigration Rules in particular as concerns residence, employment, access to social security benefits and other services.

(5) While an appeal under subsection 2(b) is pending, the limited leave to remain granted under Appendix EU to the Immigration Rules shall continue in force.

(6) “Pending” shall have the same meaning for the purposes of subsections (4) and (5) above as in section 104 of the Nationality, Immigration and Asylum Act 2002.”

This new clause would establish a right to appeal settled status decisions.

[Stuart C. McDonald]

It is a pleasure to serve under your chairmanship, Sir George.

For us, this part of the Bill is relentlessly dire. For decades, British citizens and citizens across Europe have enjoyed the extraordinary benefits of free movement—to live, work and study across a continent. This part of the Bill implements part 2 of the withdrawal agreement, the part that brings all those benefits of free movement to a crashing halt. Future generations throughout Europe will miss out, but none more than UK citizens.

[The First Deputy Chairman]

Order. I hope that those who are standing at the back of the Chamber will take the advice that it is discourteous to chunter while the hon. Gentleman is speaking.

--- Later in debate ---

[Peter Grant (Glenrothes) (SNP)]

As the Minister will know, I questioned the Prime Minister on this issue on 25 July. I reminded him that during the referendum he personally promised that no EU citizen living in the UK would be treated any less favourably as a result of our leaving the European Union. I asked the Prime Minister whether he would

“now guarantee the right to healthcare, pension rights, the right to leave and return, the right to bring over family, the right to vote and all the other rights currently enjoyed by EU citizens”.—[Official Report, 25 July 2019; Vol. 663, c. 1498.]

The Prime Minister, at the Dispatch Box, told me and this House that the Government were giving those guarantees “unilaterally”. Which clauses make good on those promises from the Prime Minister about the right to pensions, the right to healthcare and the right to bring family members over at some time in the future? If they are not in the Bill, the Prime Minister has made promises from the Dispatch Box that the Government have no intention of keeping.

[The First Deputy Chairman of Ways and Means (Sir George Howarth)]

Order. I draw Members’ attention to the fact that interventions should be brief and to the point. I am not necessarily saying the hon. Gentleman’s was not, but for further reference I think that advice should be taken.

[Brandon Lewis]

Thank you, Sir George. As my right hon. and hon. Friends will outline, we are working with our colleagues and friends around Europe, and they are all very happy with the scheme. In fact, as I will come to in a few moments, our scheme is far more generous than what many countries around Europe offer to UK citizens. I hope that will change, but this programme does deliver—I will come to some specifics in further clauses, but I am sticking to the clauses that are before us today. It is delivering a scheme that, as I say, has had over 2.8 million applications already, and nearly 2.5 million people have already been granted status. That is a success. EU citizens in the UK also have until the end of June 2021 to apply.

--- Later in debate ---

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

I thank you, Sir George, and the many Members who have made contributions today. Some really important points have been made on all the amendments on this crucial subject, which many of us who served on the Home Affairs Committee in the previous Parliament examined in great detail. The Minister gave a rosy depiction of how the scheme is working and how everything will function. Of course, we would all like to see people register for the scheme and get the right information, and we would all like to see more digital systems that work for everybody. The reality, though, is somewhat different, as those of us who have regular daily experiences with the immigration system on behalf of our constituents, and who have seen the many pieces of evidence that we took on the Home Affairs Committee, recognise.

The amendments that have been tabled, including by my party’s Front-Bench team, which I support, are there to improve the system and ensure that it actually delivers the rights that were promised to EU citizens and EEA citizens who have been resident in this country for many years and who have, as many have said in this debate, made huge contributions to our communities and to our country as a whole. Certainly in my own constituency, the contribution of EU citizens over many decades has been immense. Over the past few years, many constituents have come to me with concerns about the scheme, including those that are reflected in the amendments that many of us are supporting this evening.

We are not scaremongering if we look at the record of the Home Office and its continued failures on a series of issues. We have only to look back to 2017, when the Home Office sent letters to 100 EU citizens telling them that they had to leave the UK immediately—an episode for which the then Prime Minister, the right hon. Member for Maidenhead (Mrs May), had to apologise in 2018. Members of Parliament were sent letters about the importance of applying for the EU settlement scheme, even though they were not EU nationals. It was an extraordinary situation, which the then Home Secretary had to explain.

One has only to look at the regular monthly statistics from the Home Office to see the number of cases of wrongful deportations and wrongful detentions as a result of the hostile environment policy and as a result of mistakes and problems. That is why appeal rights are so crucial. If we look at the compensation pay-outs that are being made when the Home Office makes mistakes, we can see how much this is costing the Government. We have all those examples and, of course, the example of the Windrush scandal, which was so shocking and so shaming to our country. People who had contributed to our country over so many years were treated in such an incredible way. With all those examples ringing in our ears, we should be taking these issues incredibly seriously. I urge the Minister and the Government, and those in the other place when they are examining these parts of the Bill, to look seriously at ways in which this legislation can be improved, so that we can deliver on the commitments that have been made. I do not doubt the Minister’s intent. I am sure that he is sincere in wanting to provide EU citizens with the rights that they deserve, but the reality is often different.

I want to raise with the Minister the specific point about physical documentation. Of course we all want to see digitalisation; we all want to see more efficient systems. We all want to see a system where we can quickly get information—whether that is employers, housing providers or other providers of services—to ensure that people receive the things that they are entitled to under the law. But the reality is, as we all know, that these systems break down. There are mistakes in them and names are often rendered incorrectly. What is the back-up? What will happen when somebody is trying to apply for a house, access medical services, apply for a job or apply for an education that they are entitled to in this country and the system breaks down? The computer may say no, or the blue screen of death may come up on the computer. Whatever the problem, we all know that these things fail.

When we are talking about such a fundamental thing as the right to live, work and exercise rights in this country, which many EU citizens should have under this legislation and deserve, we have to ensure that there is back-up. We have our birth certificates and passports—physical documents for the most crucial aspects of our rights and citizenship rights in this country. I caution the Minister: when the mistakes happen—the inevitable breakdown, a cyber-attack on the system or the system becoming unavailable—what will happen to the people who get caught up in them? All those mistakes will generate not only a huge cost for the Government in rectifying them in due course, but great harm and concern to the individuals involved. Anyone who deals with the immigration system on a weekly basis, as many of us do, can point to myriad examples.

There is also the crucial issue of numbers, which the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), who served with me on the Home Affairs Committee, mentioned. No exercise on this scale has been attempted before the registration of millions of individuals under this system. Problems are inevitably going to occur, not least when the Government themselves cannot tell us exactly how many EU and EEA citizens are lawfully resident in the UK. They also cannot tell us—this has been asked on a number of occasions—how many people they estimate will not have applied by the deadline that is now being put in place. I find it deeply worrying that the Government propose to implement a policy without even knowing the number of people that it is going to affect. We do not want to see the unlawful detentions and deportations of individuals that we have sadly seen in the past, nor the harm they cause to the individuals whose rights are affected.

This issue goes back to some fundamental promises that were made—not only by the current Prime Minister, but by the previous Prime Minister and by those who advocated leaving in the first place. The3million campaign, which has done so much good to highlight the concerns of those affected by these changes, rightly points out that it was made clear during the 2016 referendum that there should be

“no change for EU citizens already lawfully resident in the UK…EU citizens will automatically be granted indefinite leave to remain in the UK and will be treated no less favourably than they are at present.”

That was a clear promise and a solemn undertaking, and it is one that has been repeated by the Prime Minister and Ministers since. I have no doubt that the Minister intends these measures in good faith, but the reality of accessing the scheme, demonstrating those rights and being able to prove that they are being lawfully exercised will be very different. I think we will be picking up the pieces of this in years to come, so I urge the Minister to look carefully at these amendments.

[The First Deputy Chairman of Ways and Means (Sir George Howarth)]

I call Sir Desmond Swayne, who is known for many things in the House, not least his brevity.

[Sir Desmond Swayne]

Thank you, Sir George.

I am persuaded that the amendments are unnecessary, and I support the provisions of the Bill. But just one word of caution: I have received a number of inquiries from constituents—European citizens—who clearly have not been reached at all by any of the outreach, such are the basic questions that they ask. Indeed, I received one such inquiry today. On that score, when I think about it, I do not know whether I have been living in a bubble, but I have not seen any of that outreach at all myself. Admittedly, I have not been looking for it. Nevertheless, I just ask Ministers to re-examine the outreach that there has been and to reassure their level of confidence that it is adequate.

--- Later in debate ---

[Brandon Lewis]

Yes, absolutely.

I say to my right hon. Friend the Member for New Forest West (Sir Desmond Swayne) that we are always reviewing the outreach work. The Home Secretary and I are particularly focused on this work to make sure that it is not just giving good value for money for the taxpayer but is also reaching the hardest-to-reach places and communities in the country. We are working with some 57 voluntary organisations around the country and with commercial and public sector organisations that employ large numbers of EU citizens, and we will be looking to continue that work and drive it further and further.

It is important that we encourage people to apply for this settled status. It is simple, quick and easy; it delivers on people’s rights; and it delivers on our promises. That is why we will not accept any amendments or new clauses this evening.

[The First Deputy Chairman of Ways and Means (Sir George Howarth)]

Order. I say for the benefit of new Members in particular that although the Minister has responded to the debate, I am now going to call the mover of the lead amendment to conclude and respond to the debate.

[Stuart C. McDonald]

Thank you, Sir George. I thank all hon. Members for their contributions to this robust and very helpful debate in which I think every single speaker spoke of the contribution that EU nationals make to this country and the importance of protecting their rights.

So far so good, but beyond that, there are fundamental differences about how best we do it. Opposition Members say that we must automatically protect EU nationals’ rights in law, so that nobody will lose their rights overnight, while Government Members say that they must apply to stay. The Government have not challenged at all our assertion that that almost certainly means that tens, probably hundreds, of thousands will potentially lose their rights overnight. The Minister said that there will be a period in which anyone with a good, reasonable reason for missing a deadline will be able to get that all fixed. We are possibly talking about a six-figure number—and what is a good, reasonable reason? I gave two hypothetical examples in my speech, one being a French lady who has been here since 1970, has retired, had permanent residence under the old EU scheme, and does not think she needs to apply. There are lots of folk in that boat. Is that a good, reasonable reason—that she did not think she had to apply? What about the Polish guy that I cited? He was born in the United Kingdom. He therefore thought that he was British because his father was British, but actually, because of his parents’ marital status at the time of his birth, he is not British. He fails to apply. Is that a good, reasonable reason—that he thought he was British but was wrong about nationality law?

There will be tens of thousands of cases just like that, and the Government have done absolutely nothing to reassure us about the cliff edge that awaits us. Amendment 5 would go some way towards solving that by putting in place a declaratory system. The Opposition’s new clause 5 is more comprehensive. I therefore beg to ask leave to withdraw the amendment so that we can support the new clause instead.

Amendment, by leave, withdrawn.

Clause 7 ordered to stand part of the Bill.

Clauses 8 to 14 ordered to stand part of the Bill.

Schedule 1 agreed to.

Clause 15 ordered to stand part of the Bill.

Schedule 2 agreed to.

Clauses 16 and 17 ordered to stand part of the Bill.

[The First Deputy Chairman]

Before I put the Question on the first new clause to be voted on, I should inform Members that the split of letters at the desks in the Division Lobbies has changed slightly—there’s a treat! Members whose surname begins with G will now need to go to the middle desk instead of the left-hand desk. There have been no other changes. The distribution of names is different in the new Parliament and the revised lettering should mean that the queues at the desks are more even.

New Clause 5

Protecting EU Citizens’ Rights

“(1) This section applies to—

(a) European Union citizens having the right to reside permanently in the UK according to Article 15 (“Rights of permanent residence”) of the Withdrawal Agreement;

(b) persons to whom the provisions in (a) do not apply but who are eligible for indefinite leave to enter or remain, or limited leave to enter or remain by virtue of residence scheme immigration rules (see section 17).

(2) A person to which this section applies has the rights and obligations provided in Article 12 and Title II Part II ‘Citizens’ Rights’ of the Withdrawal Agreement.

(3) The Secretary of State must by regulations make provision—

(a) implementing article 18(4) of the withdrawal agreement (right of eligible citizens to receive a residence document), including making provision for a physical document providing proof of residence;

(b) implementing article 17(4) of the EEA EFTA separation agreement (right of eligible citizens to receive a residence document) including making provision for a physical document providing proof of residence;

(c) implementing article 16(4) of the Swiss citizens’ rights agreement (right of eligible citizens to receive a residence document) including making provision for a physical document providing proof of residence.

(4) No provision of this or any other enactment, or adopted under this or any other enactment, may be used to require European Union nationals and their family members, or nationals of Iceland, Norway, Liechtenstein and Switzerland and their family members, who reside in the United Kingdom immediately prior to the end of the implementation period, to apply for a new residence status under Article 18(1) of the Withdrawal Agreement, or to introduce a deadline for applications under residence scheme immigration rules or relevant entry clearance rules.

(5) Residence scheme immigration rules and relevant entry clearance immigration rules may not be amended to provide that any person who benefited or is eligible to benefit under those rules on the day on which this Act is passed benefits any less than he benefited or was eligible to benefit on the day on which this Act is passed.”—(Paul Blomfield.)

This new clause provides for all EU citizens who are resident in the UK before exit day to have the right of permanent residence, whether or not they have been exercising treaty rights, and makes sure that every person who is entitled to settled status has the same rights.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

European Union (Withdrawal Agreement) Bill

George Howarth Excerpts

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

[Nick Thomas-Symonds (Torfaen) (Lab)]

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

[The First Deputy Chairman of Ways and Means (Sir George Howarth)]

With this it will be convenient to discuss:

New clause 3—Future relationship: Customs Union and Single Market—

“(1) It shall be an objective of the Government to secure an agreement with the European Union that achieves the following outcomes—

(a) a permanent and comprehensive UK-wide customs union involving alignment with the Union customs code, a common external tariff and an agreement on commercial policy that includes a UK say on future EU trade deals;

(b) close alignment with the single market, underpinned by shared institutions and obligations, with clear arrangements for dispute resolution;

(c) dynamic alignment on rights and protections so that UK standards keep pace with evolving standards across the EU as a minimum;

(d) UK participation in EU agencies and funding programmes; and

(e) Close cooperation on security including access to the European Arrest warrant and databases such as EUROPOL and SIS II.”

New clause 8—Maintaining the UK’s place in the Single Market and Customs Union—

“(1) It shall be an objective of the Government to maintain the United Kingdom’s status within the Single Market and Customs Union of the European Union within the framework of the future relationship between the United Kingdom and European Union.

(2) A Minister shall lay before each House of Parliament a progress report on aims noted in subsection (1).”

This new clause ensures that the UK Government will negotiate for the maintenance of the United Kingdom’s membership of the single market and customs union.

New clause 10—Implementation period negotiating objectives: Erasmus+—

“(1) It shall be an objective of the Government to secure an agreement within the framework of the future relationship of the UK and the EU before the end of the implementation period that enables the UK to participate in all elements of the Erasmus+ programme on existing terms after the implementation period ends (“the Erasmus+ negotiations”).

(2) A Minister shall lay before each House of Parliament a progress report on the Erasmus+ negotiations within six months of this Act being passed.”

This new clause would require the Government to seek to negotiate continuing full membership of the EU’s Erasmus+ education and youth programme.

New clause 16—Economic impact assessment—

“(1) A Minister of the Crown must—

(a) lay before each House of Parliament and

(b) submit to the Presiding Officers of each devolved legislature

a comprehensive economic impact assessment of potential outcomes arising from the conclusion of negotiations on the future relationship with the EU.

(2) An assessment under subsection (1) must include—

(a) an analysis by NUTS1 and NUTS2 regions of the United Kingdom including (but not limited to)—

(i) impact on employment as both a nominal figure and percentage, and

(ii) impact on Gross Value Added;

(b) a sectoral analysis including but not limited to agriculture, health and social care, manufacturing, the aerospace industry, and financial services.”

This new clause would require the Government to produce an economic impact assessment on the future relationship negotiated with the European Union.

New clause 20—UK-EU trade agreement: mutual recognition and standards—

“(1) The Government must, during and after the implementation period, seek as part of any future trade agreement between the United Kingdom and the European Union mutual recognition, adequacy or deemed equivalence arrangements across all product regulations and standards covered by the agreement in the following areas—

(a) goods,

(b) services,

(c) data protection,

(d) environmental standards,

(e) labour standards,

(f) professional qualifications, and

(g) any other technical regulations or standards which it seeks to negotiate.

(2) Nothing in any trade agreement between the United Kingdom and the European Union shall prevent Parliament from enacting laws and setting technical regulations and standards within the United Kingdom.

(3) “Technical regulations or standards” shall include any law, regulation or administrative action that affects the trade of goods, including agrifood and agricultural goods, including those covered by the World Trade Organisation’s Technical Barriers to Trade Agreement and the World Trade Organisation’s Sanitary and Phyto-Sanitary Agreement.”

This new clause would mandate the Government to seek mutual recognition, adequacy or deemed equivalence arrangements on standards to be included in the future trade relationship, while preserving the right of Parliament to set laws and standards in the UK.

New clause 27—Non-regression from EU standards—

“(none) After section 14 (financial provision) of the European Union (Withdrawal) Act 2018 insert—

‘14A  Interpretation: “regressive”

(1) In this section and sections 14B to 14D “regressive” means—

(a) reducing the level of protection provided by retained EU law in respect of a protected matter (specified in subsection (2)), or

(b) weakening governance processes associated with retained EU law in respect of a protected matter (specified in subsection (2)).

(2) The protected matters are—

(a) the environment;

(b) food safety and other standards;

(c) the substance of REACH regulations; and

(d) animal welfare.

14B Primary legislation

‘(1) A Minister of the Crown in charge of a Bill in either House of Parliament must, before Second Reading of the Bill—

(a) make a statement to the effect that in the Minister’s view the provisions of the Bill are not intended to have, and are not reasonably likely to have, a regressive effect, or

(b) make a statement that although provisions of the Bill are intended to have, or are reasonably likely to have, a regressive effect, the Government nevertheless wishes the House to proceed with the Bill.

(2) If the Bill relates to environmental law—

(a) in preparing the statement the Minister must—

(i) consult the Office for Environmental Protection (“OEP”); and

(ii) publish their response, and

(b) if the OEP’s response asserts that provisions of the Bill are reasonably likely to have a regressive effect on environmental law, that response must also suggest how to avoid that effect.

(3) A Minister who makes a statement under subsection (1)(b) must also—

(a) publish the reasons for including in the Bill provisions that are intended, or reasonably likely, to have a regressive effect (“regressive provisions”);

(b) arrange for a motion to be moved in the House of Commons, before the Bill leaves that House, for a resolution that the House approves the inclusion of regressive provisions; and

(c) arrange for a motion to be moved in the House of Lords, before the Bill leaves that House, for a resolution that the House approves the inclusion of regressive provisions.

14C Subordinate legislation

‘(1) Regulations under this Act are unlawful if and to the extent that they are intended to have, or in practice are reasonably likely to have, a regressive effect.

(2) A statutory instrument under any other Act which is made for the purposes of or in connection with the withdrawal of the UK from the EU is unlawful if and to the extent that it is intended to have, or in practice is reasonably likely to have, a regressive effect.

14D Other action by public authorities

‘(1) Any action taken by or on behalf of a Minister of the Crown under this Act is unlawful if and to the extent that it is intended to have, or in practice is reasonably likely to have, a regressive effect.

(2) Any action taken by or on behalf of a Minister of the Crown for the purposes of or in connection with the withdrawal of the UK from the EU is unlawful if and to the extent that it is intended to have, or in practice is reasonably likely to have, a regressive effect.

(3) A public authority exercising a function in respect of a protected matter must not exercise the function in a way that is intended to have, or in practice is reasonably likely to have, a regressive effect.

14E Guidance

‘(none) The Secretary of State must publish guidance for government departments and other public authorities designed to ensure and facilitate the avoidance of action that would be unlawful by virtue of sections 14B to 14D.

14F Divergence tracking

‘(1) In this section “divergence report” means a report containing—

(a) a summary of new EU environmental laws;

(b) a summary of steps taken by the Government in relation to the issues addressed by those laws;

(c) a summary of steps taken by the Government as set out in previous divergence reports;

(d) an independent review identifying any divergence between UK law and EU law in respect of those issues and recommending action to remedy the divergence;

(e) a statement of action Ministers propose to take; and

(f) if Ministers do not propose to give effect to the recommendations of the independent review, the reasons for that.

(2) The Secretary of State must publish a divergence report—

(a) within the period of 6 months beginning with the date of commencement of this section; and

(b) during each subsequent period of 6 months.

(3) The Secretary of State must—

(a) prepare each divergence report in consultation with persons appearing to the Secretary of State to represent the interests of businesses, workers, public bodies and relevant non-governmental organisations;

(b) publish each divergence report;

(c) lay it before Parliament; and

(d) arrange for a motion to be moved in each House of Parliament, within the period of 28 sitting days beginning with the first sitting day after the date of publication of the report, for a resolution that the House approves the divergence report.

(4) If a Committee of the House of Lords, or a Joint Committee of the House of Lords and the House of Commons, publishes a report relating to matters to be considered in a divergence report, the divergence report must contain Ministers’ response to the Committee report.

(5) If a motion in either House for the approval of a divergence report is not passed unamended, a Minister of the Crown must as soon as reasonably practicable publish a report—

(a) setting out the steps that Ministers intend to take to rectify any divergence between UK law and EU law in respect of environmental matters, and

(b) including, in particular, legislative proposals designed to remedy the divergence, together with a timetable and strategy for enacting the legislation.

(6) In this section “independent review” means a review undertaken by a body established by regulations made by the Secretary of State for the purpose of reviewing new EU law and giving independent advice to Ministers about divergence.

(7) Regulations under subsection (6)—

(a) may include provision about the membership, funding and proceedings of the body;

(b) may confer appointment and other functions on the Secretary of State or another specified person;

(c) may include incidental, supplemental, consequential and transitional provisions;

(d) must be made by statutory instrument; and

(e) may not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.

(8) Provision about membership of the body under subsection (7)(a) must, in particular, aim to ensure the inclusion of individuals who are independent of the government and have relevant knowledge and experience including expertise in environmental law’””

This new clause aims to prevent of substantive regression from EU standards in legislation after leaving the EU.

New clause 29—Implementation period negotiating objectives: level playing-field—

“(1) It shall be an objective of the Government to secure an agreement within the framework of the future relationship of the UK and EU to secure agreements that achieve the following outcomes—

(a) close alignment with the European Union single market, underpinned by shared institutions and obligations, with clear arrangements for dispute resolution;

(b) dynamic alignment on rights and protections for workers, consumers and the environment so that UK standards at least keep pace with evolving standards across the EU as a minimum, and;

(c) participation in EU agencies and funding programmes, including for the environment, education, science, and industrial regulation.

(2) A Minister of the Crown shall lay before each House of Parliament a progress report on each of the outcomes listed in subsection (1) (a) to (c) within 4 months of this Act being passed, and subsequently at intervals of no more than 2 months.”

This new clause would require the UK Government to seek close alignment with the EU single market on key level playing-field provisions such as workers’ rights and environmental and consumer standards and protections as part of its negotiations for the future relationship with the EU.

New clause 30—Maintaining the UK’s place in the Single Market and Customs Union—

“(1) It shall be an objective of the Government to maintain the United Kingdom’s status within the Single Market and Customs Union of the European Union within the framework of the future relationship between the United Kingdom and European Union.

(2) A Minister of the Crown shall lay before each House of Parliament a progress report on the objective in subsection (1) within 4 months of this Act being passed, and subsequently at intervals of no more than 2 months.”

This new clause would require the UK Government to seek to keep the UK in the Single Market and the Customs Union as part of its negotiations for the future relationship with the EU.

New clause 31—UK participation in the European medicines regulatory network—

“(1) It shall be the objective of an appropriate authority to take all necessary steps to implement an international trade agreement which enables the UK to fully participate after exit day in the European medicines regulatory network partnership between the European Union, European Economic Area and the European Medicines Agency.

(2) ‘Exit day’ shall have the meaning set out in section 20 of the European Union (Withdrawal) Act 2018.

(3) A Minister of the Crown shall lay before each House of Parliament a progress report on the objective in subsection (1) within 4 months of this Act being passed, and subsequently at intervals of no more than 2 months.”

This new clause would require the UK Government to seek to maintain participation in the European medicines regulatory network as part of its negotiations for the future relationship with the EU.

New clause 32—Maintaining the UK’s membership of Euratom—

“(1) It shall be an objective of the Government to maintain the United Kingdom’s membership of the European Atomic Energy Community within the framework of the future relationship between the United Kingdom and European Union.

(2) A Minister of the Crown shall lay before each House of Parliament a progress report on the objective in subsection (1) within 4 months of this Act being passed, and subsequently at intervals of no more than 2 months.”.

This new clause would require the UK Government to seek to maintain the UK’s membership of Euratom as part of its negotiations for the future relationship with the EU.

New clause 35—Implementation period negotiating objectives: security partnership—

“(1) It shall be an objective of the Government to secure an agreement within the framework of the future relationship of the UK and EU to secure agreements that achieve the following outcomes—

(a) continued UK participation in the European Arrest Warrant,

(b) continued UK membership if Europol and Eurojust, and

(c) continued direct access for UK agencies to the following EU data-sharing tools—

(i) the Second Generation Schengen Information System (SIS II),

(ii) the European Criminal Records Information System (ECRIS),

(iii) the Prüm Decisions,

(iv) Passenger Name Record (PNR), and

(v) the Europol Information System (EIS).

(2) A Minister of the Crown shall lay before each House of Parliament a progress report on each of the outcomes listed in subsection (1) (a) to (c) within 4 months of this Act being passed, and subsequently at intervals of no more than 2 months.”

This new clause would require the UK Government to seek a comprehensive security partnership as part of its negotiations for the future relationship with the EU.

New clause 38—Independent review of the impact of withdrawal—

“(1) The Secretary of State must arrange for an independent review of the impact of the United Kingdom’s withdrawal from the EU in relation to each of the following periods—

(a) the initial one-year period, and

(b) each subsequent three-year period.

(2) A review must be completed as soon as practicable after the end of the period to which the review relates.

(3) The review must consider the impact of the United Kingdom’s withdrawal from the EU on—

(a) the economy of the United Kingdom,

(b) national security,

(c) climate change and the environment,

(d) human rights, and

(e) social and economic rights.

(4) As soon as practicable after a person has carried out a review in relation to a particular period, the person must—

(a) produce a report of the outcome of the review, and

(b) send a copy of the report to the Secretary of State.

(5) The Secretary of State must lay before each House of Parliament a copy of each report sent under subsection (4)(b).

(6) The Secretary of State may—

(a) make such payments as the Secretary of State thinks appropriate in connection with the carrying out of a review, and

(b) make such other arrangements as the Secretary of State thinks appropriate in connection with the carrying out of a review (including arrangements for the provision of staff, other resources and facilities).

(7) In this section—

“initial one-year period” means the period of one year beginning on the day following exit day as defined in section 20(1) of the European Union (Withdrawal) Act 2018;

“subsequent three-year period” means a period of three years beginning with the first day after the most recent of—

(a) the initial one-year period, or

(b) the most recent subsequent three-year period.”

This new clause would require the Government to publish regular independent reports on the impact of Brexit.

New clause 45—NHS protection and devolved legislatures—

“(1) Any provision relating to the National Health Service within a trade deal shall not be made without consultation with, and only after publication of a legislative consent memorandum from, each of the relevant devolved legislatures.

(2) For purposes of this Part, ‘relevant devolved legislatures’ means—

(a) the Northern Ireland Assembly,

(b) Scottish Parliament, and

(c) the National Assembly for Wales.”

This new clause requires each devolved legislature to give legislative consent to any trade deal affecting the National Health Service.

New clause 46—Impact assessment—

‘(none) The Government must publish undertake equality, environmental and economic impact assessments, by each region of the United Kingdom, on any proposed future relationship or Free Trade Agreement, before initiating legislation to implement any such proposed future relationship or Free Trade Agreement.”

This new clause requires the publication of regional equality, environmental and economic impact assessments of any proposed future relationship or Free Trade Agreement.

New clause 48—Maintaining the UK’s membership of Horizon 2020 and future Horizon programmes—

‘(none) It shall be an objective of the Government to maintain the United Kingdom’s membership of Horizon 2020 and its successor programmes within the framework of the future relationship between the United Kingdom and European Union.”

This new clause would require the Government to seek to negotiate continuing full membership of the EU’s Horizon 2020 research programme and its successor programmes, such as Horizon Europe.

New clause 49—UK citizens resident in the EU: protection of rights—

“(1) The Secretary of State must make arrangements to preserve, as far as is possible, the United Kingdom’s obligations under EU law to British citizens who are resident in any EEA country, or in Switzerland, on the day before IP completion day.

(2) The arrangements in subsection (1) must include—

(a) arrangements for people in receipt of a United Kingdom state retirement pension to continue receiving that pension under the same uprating and other arrangements as apply on the day on which this Act is passed, for the rest of their lifetimes as long as they remain resident in any other EEA country, or in Switzerland,

(b) arrangements for British citizens to continue receiving the same level of publicly-provided healthcare as they do currently as EU citizens.

(3) The duty in subsection (1) applies whether or not the United Kingdom reaches any relevant reciprocal arrangements with other EEA member states, or with Switzerland.”

This new clause requires the Government to take steps to preserve the rights of UK citizens living in the EU, including continuing to uprate UK state pensions for Britons living in the EU and paying for publicly-provided healthcare.

New clause 50—EU Charter of Fundamental Rights impact assessment—

“A Minister of the Crown must, on or before 30 June 2020, publish a comprehensive impact assessment of the effect of removing the EU Charter of Fundamental Rights from domestic law.”

This new clause would provide that the UK Government commits to conducting and publishing an impact assessment of the effect of removal of the EU Charter of Fundamental Rights (by virtue of section 5(4) of the EU (Withdrawal) Act 2018).

New clause 51—Protection for workers’ rights—

“(1) After section 18 of the European Union (Withdrawal) Act 2018 (customs arrangement as part of the framework for the future relationship) insert—

‘18A Protection for workers’ rights

(1) Part 1 of Schedule 5A (which requires statements of non-regression in relation to workers’ retained EU rights) has effect.

(2) Part 2 of Schedule 5A (which provides for reporting requirements and parliamentary oversight in relation to new EU workers’ rights) has effect.

(3) Part 3 of Schedule 5A (which contains interpretative provision) has effect.’

(2) After Schedule 5 to the European Union (Withdrawal) Act 2018 (publication and rules of evidence) insert the Schedule 5A set out in Schedule (Protection for workers’ rights) to this Act.”

This new clause reinstates what was Clause 34 and Schedule 4 of the EU Withdrawal Agreement Bill (Bill 7) in the October-December 2019 Session and provides additional procedural protections for workers rights that currently form part of EU law, but which would not be protected against modification, repeal or revocation in domestic law once the transition or implementation period has ended.

New clause 59—Representation in the European Parliament—

“(1) It must be a negotiating objective of the United Kingdom Government to seek to secure ongoing and formal representation in the European Parliament, at not less than observer status, for the devolved nations and regions of the UK.

(2) Once secured, this representation shall be determined and co-ordinated by each devolved administration.”

New schedule 1—Protection for workers’ rights Protection for workers’ rights—

“Protection for workers’ rights

The Schedule 5A to be inserted after Schedule 5 to the European Union (Withdrawal) Act 2018 is as follows:

‘Schedule 5A

Protection for workers’ rights

Part 1

Workers’ retained EU rights

Acts of Parliament: statements of non-regression

1 (1) A Minister of the Crown in charge of a relevant Bill in either House of Parliament must, before Second Reading of the Bill—

(a) make a statement to the effect that in the Minister’s view the provisions of the Bill will not result in the law of the relevant part or parts of the United Kingdom failing to confer any workers’ retained EU right (a “statement of non-regression”), or

(b) make a statement to the effect that although the Minister is unable to make a statement of non-regression Her Majesty’s Government nevertheless wishes the House to proceed with the Bill.

(2) The statement must be in writing and be published in such manner as the Minister making it considers appropriate.

(3) Before making a statement under sub-paragraph (1)(a) or (b) in relation to a Bill, a Minister of the Crown must consult—

(a) persons representative of workers,

(b) persons representative of employers, and

(c) any other persons whom the Minister considers it appropriate to consult.

(4) But that duty does not apply to a statement made in relation to a Bill if—

(a) it is not practicable for the consultation to take place in relation to the statement by reason of urgency, or

(b) the statement is being made before Second Reading of the Bill in the second House of Parliament and the Bill was not amended in the first House of Parliament.

(5) In this paragraph—

“first House of Parliament”, in relation to a Bill, means the House of Parliament in which the Bill is first introduced;

“relevant Bill” means a Bill which contains provision that—

(a) extends to England and Wales or Scotland (or both), and

(b) relates to any of the workers’ retained EU rights;

“relevant part of the United Kingdom”, in relation to a Bill, means—

(a) England and Wales, if the Bill extends there;

(b) Scotland, if the Bill extends there;

“second House of Parliament”, in relation to a Bill, means the House of Parliament to which the Bill moves after completing its passage through the first House of Parliament.

Part 2

New EU workers’ rights

Reports on new EU workers’ rights

2 (1) As soon as practicable after the end of each reporting period, the Secretary of State must—

(a) produce a report under sub-paragraph (2) or (3) relating to that period (“the relevant reporting period”),

(b) publish the report in such manner as the Secretary of State considers appropriate, and

(c) lay copies of the report before Parliament.

(2) A report under this sub-paragraph is one that contains a statement that no new EU workers’ rights have been published by the EU during the relevant reporting period.

(3) A report under this sub-paragraph is one that contains—

(a) a statement that one or more new EU workers’ rights have been published by the EU during the relevant reporting period, and

(b) as respects each new EU workers’ right published during that period, either—

(i) a statement to the effect that in the Secretary of State’s view the law of England and Wales and Scotland confers a workers’ right of the same kind as the new EU workers’ right (a “statement of non-divergence”), or

(ii) a statement to the effect that the Secretary of State is unable to make a statement of non-divergence.

(4) If a report under sub-paragraph (3) contains a statement under sub-paragraph (3)(b)(ii) as respects a new EU workers’ right, the report must also contain—

(a) a statement of whether or not Her Majesty’s Government intends to take any action in respect of the new EU workers’ right, and

(b) if it does, a statement describing the action which it is intending to take.

(5) In relation to each report under sub-paragraph (3), a Minister of the Crown must make arrangements for—

(a) a motion, to the effect that the House of Commons has approved the report, to be moved in that House by a Minister of the Crown within the period of 28 Commons sitting days beginning with the day on which a copy of the report is laid before that House, and

(b) a motion for the House of Lords to approve the report to be moved in that House by a Minister of the Crown within the period of 28 Lords sitting days beginning with the day on which a copy of the report is laid before that House.

(6) When producing a report under sub-paragraph (3), the Secretary of State must consult—

(a) persons representative of workers,

(b) persons representative of employers, and

(c) any other persons whom the Secretary of State considers it appropriate to consult.

(7) In this paragraph “reporting period” means—

(a) the period that—

(i) begins with IP completion day, and

(ii) ends with the day which falls six months after the day on which IP completion day falls;

(b) subsequently, each period that—

(i) begins with the day (the “start day”) that comes immediately after the end of the preceding reporting period, and

(ii) ends with the end day.

(8) The “end day” for that purpose is decided as follows—

(a) if any new EU workers’ rights are published by the EU during the period of six months beginning with the start day, the end day is the day which falls six months after—

(i) the day on which those rights are published by the EU, or

(ii) if they are published by the EU on different days, the earliest of those days;

(b) if no new EU workers’ rights are published by the EU during the period of six months beginning with the start day, the end day is the day which falls twelve months after the start day.

(9) A reference in this paragraph to a new EU workers’ right being published by the EU is a reference to the EU directive or EU regulation which provides for its conferral being published in the Official Journal of the European Union.

Part 3

Interpretation

Interpretation

3 (1) In this Schedule—

“new EU workers’ rights” means any workers’ rights—

(a) which member States are obliged to confer by an EU directive published in the Official Journal of the European Union on or after IP completion day, or

(b) that are conferred by an EU regulation published in the Official Journal of the European Union on or after IP completion day;

“workers’ retained EU rights” means workers’ rights of the kinds which—

(a) immediately before IP completion day, the United Kingdom was obliged to confer by virtue of the EU directives listed in the table in paragraph 4, and

(b) on IP completion day, continued to have effect (by virtue of this Act and as modified by any provision made by or under this Act or otherwise) in the law of England and Wales or Scotland;

“workers’ rights” means rights of individuals, and classes of individuals, in the area of labour protection as regards—

(a) fundamental rights at work,

(b) fair working conditions and employment standards,

(c) information and consultation rights at company level,

(d) restructuring of undertakings, and

(e) health and safety at work.

(2) The reference in the definition of “workers’ retained EU rights” to rights which continued to have effect by virtue of this Act includes a reference to rights which form part of retained EU law by virtue of section 2 but which would have continued to have effect irrespective of that section.

(3) References in this Schedule to rights being of the same kind as new EU workers’ rights are to be read as references to rights being of the same kind so far as that is consistent with the United Kingdom’s domestic legal order following its withdrawal from the EU.

(4) For the purposes of this Schedule a right under the law of England and Wales or Scotland is conferred whether or not it is in force.

4 (1) The table referred to in the definition of “workers’ retained EU rights” is as follows:

[Nick Thomas-Symonds]

As this is my first appearance at the Dispatch Box this year, I would like to thank my constituents for re-electing me and send all hon. and right hon. Members my very best wishes for 2020.

I draw attention to my relevant entries in the Register of Members’ Financial Interests regarding my support from trade unions.

We fully accept that, following the general election, we will be leaving the European Union on 31 January, but winning a mandate for that exit, as the Government have, does not give Ministers a free pass to avoid any scrutiny. The Government should be held to account between elections as well as at elections, and that is what the Opposition propose to do. We will continue to make the case in the post-Brexit United Kingdom for jobs and livelihoods, for environmental safeguards, for consumer protections and for employment rights, as we have over recent years.

New clause 2 is about protecting vital workers’ rights, and subsection (1)(a) would ensure that the Government cannot introduce measures that would, in any way, have the effect of reducing the protections provided on the day the transition period ends. We believe this must go further.

Subsection (1)(b) confirms that the Government, after our exit from the EU, will ensure that workers’ rights in the United Kingdom are, as a minimum, at the level they are in other EU member states. We also insist that the Government are held to account in Parliament on those objectives. The Government must never be allowed to sell out the workers of this country, and we will not let them off the hook. We will stand with those to whom this Government and the Prime Minister have made promises.

--- Later in debate ---

[James Duddridge]

The hon. Gentleman makes an important point. In the broader arena, we will be taking back control of our money and spending it as we choose. As for his specific point, those decisions will come after a cross-governmental spending review and I am more than happy to commit the Treasury to write to him with any more detail if it is available.

New clauses 16 and 46 are on economic assessments, with the latter standing in the name of Social Democratic and Labour party Members. These would require environmental and equality impact assessments. We have had a few calls for impact assessments across the board, and I have made the point about their cost a number of times. In some cases, we are already making commitments, and this would be bad government spend, for the sake of producing a report. This debate is about the Bill and exiting the EU, whereas a lot of these reports would be about the future relationship, so this Bill would be an inappropriate place to put provision for these reports, even if they were the right thing to do. It simply would not be possible to agree to publish a detailed analysis of something that has not yet been agreed. In November 2018, the Government published a detailed analysis covering a broad range of— [Interruption.]

[The First Deputy Chairman of Ways and Means (Sir George Howarth)]

Order. It is a great discourtesy for people to be carrying on separate conversations when any Member of the House is speaking.

[James Duddridge]

Thank you, Sir George. I suspect that the Committee is encouraging me to make progress, and I will take the hint. I do ask Members to bear with me, because I am dealing with 21 new clauses and it is important to cover them, as they have all been tabled with seriousness and deserve the Government’s attention.

On new clause 38, the Government have been committed to publishing an objective spending analysis of the UK’s withdrawal ever since the people voted to leave the EU three and a half years ago.

On the economy, we have already spoken about the objective analysis, and I am not going to say any more on new clause 38. I will address human rights in more detail when dealing with a slightly later clause.

New clause 20 deals with mutual recognition and raises a number of important issues relating to adequacy and equivalence with the EU in a number of areas for the future relationship. The Government fully agree that in some areas it would be appropriate to agree arrangements of the sort that my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) mentions. For instance, the political declaration envisages reciprocal adequacy decisions in the area of data protection. However, the Government do not believe that adequacy decisions, mutual recognition or equivalence arrangements are always in the best interests of the country, with one example being where they rely on alignment with future EU rules. Although I understand the thrust of his proposal, I do not think it is helpful to constrain the Prime Minister and his negotiating team by prescribing negotiating objectives too precisely. The Government will always listen to the views of my right hon. Friend the Member for Haltemprice and Howden and we are particularly grateful for his stewardship of a Department that is about to come to an end as a result of the success of his work and that of many other contributors, including some fantastic civil servants and a truly exceptional Secretary of State, in the shape of my right hon. Friend the Member for North East Cambridgeshire (Steve Barclay). It is always a good idea for me to be nice about my boss.

New clause 27 addresses further environmental issues. Sadly, the Government cannot support the new clause; I shall go into some detail on why. The UK is an advanced modern economy with a long history of environmental protections supported by strong legal frameworks that in some cases predate the EU. We will shortly bring forward an environment Bill that will set ambitious new domestic frameworks for environmental governance, including—crucially—the establishment of the office for environmental protection. The legislation will build on the 25-year environmental plan, which we are part-way through—admittedly, it is early on in the 25-year plan—and provide the assurances that will be upheld.

--- Later in debate ---

[James Duddridge]

I agree, and I am meeting with the Scottish Government tomorrow so will make that point in my first sentence.

I am conscious of the time and the fact that Members will hear from me again after two more speeches, so I shall not go into any more detail on new clause 49 because citizens’ rights have been covered quite extensively.

On observer status of the devolved Assemblies in the EU, it would be wrong, given that, as a country, we are leaving the European Union, to give special status to the devolved Assemblies. The devolved Assemblies will come out with us.

Finally, turning to new clause 50 on the charter of rights, there is no need for a report. We will maintain our human rights and liberties. They are fundamental to the European Union and nothing that we do in leaving the European Union changes that.

Sir George, I thank you and your team for standing in for this Bill. I think that there has been a change of tone in the House. I am looking forward to serving in this Parliament over the next period. I think that it is a better place, and a better place for delivering Brexit. It is now over to the House of Lords.

[The First Deputy Chairman of Ways and Means (Sir George Howarth)]

Order. It is very kind of the Minister to say so, but I do not think that I can take any personal credit for the change in tone of the House.

Question put, That the clause be read a Second time.