Northern Ireland Elections
Geraint Davies Excerpts(2 years, 1 month ago)
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Chris Heaton-Harris
I completely understand what the hon. Gentleman states, but the election was not brought by me; it was brought by the Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022, following the cross-party agreement—I know that the Ulster Unionist party did not agree to it—from New Decade, New Approach. The timings are all set out in there. What happened was that the legal duty fell to me and it still sits of my shoulders. I have outlined what I intend to do as we move forward. It is an interesting thing when politicians are keen to have elections. We all say things about being keen about something, but I would not want to wish a Christmas election on the good people of Northern Ireland, which is why I have brought forward these measures today.
Geraint Davies (Swansea West) (Lab/Co-op)
The UK voted for Brexit, but not to leave the single market—just to leave the political union—and Northern Ireland did neither, so will the Government consider the UK converging with a view to eventually re-joining the single market, so that the Good Friday agreement and peace are protected, Northern Ireland governance is resumed, trade is supported and international law is respected?
Chris Heaton-Harris
The hon. Gentleman is wrong and he needs to move on.
Oral Answers to Questions
Geraint Davies Excerpts(4 years, 3 months ago)
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The Prime Minister
I thank my hon. Friend for her apposite intervention on behalf of Alexander Dennis. I was a keen customer of Alexander Dennis’s fantastic machines. I cannot guarantee this, but I hope that our green recovery and our massive investment in green buses will be of benefit to the workforce of Alexander Dennis.
Geraint Davies (Swansea West) (Lab/Co-op) [V]
European Union (Withdrawal Agreement) Bill
Geraint Davies ExcerptsWednesday 8th January 2020
(4 years, 11 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 8 January 2020 - (8 Jan 2020)
Joanna Cherry
It is a pleasure to serve under your chairmanship, Sir Roger.
I rise to speak to amendments 38 to 49, which stand in my name and those of some of my colleagues; to amendment 10, which stands in the name of my hon. Friend the Member for Central Ayrshire (Dr Whitford) and some of my other colleagues; and to amendments 28 and 29 and new clause 43, which stand in the name of my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald).
We heard a lot yesterday from those on the Government Benches about the desire of the British people to get on with Brexit, so I would like to begin today by reminding them that the UK at present consists of four constituent parts, and that two out of four of them—Scotland and Northern Ireland—have voted to remain in the EU on every occasion they have been given, including the EU referendum in 2016 and thereafter.
I acknowledge and respect the fact that the Prime Minister and his party won a majority of the seats in England, but I ask those on the Government Benches to pause and consider that the Prime Minister did not win a majority of the seats in Wales, did not win any seats in Northern Ireland—indeed, remain parties won the majority of seats there—and that in Scotland, standing on a manifesto commitment to deliver Brexit and prevent a second independence referendum, the Conservative and Unionist party was reduced to a rump of six MPs, with the Scottish National party winning the election emphatically.
I ask then that this afternoon not be another session of “Scotland get back in your box” but that there is some respectful recognition of the democratic desire of my constituents and the majority of constituents in Scotland to remain in the EU. Rather than lectures about delivering the will of the British people, let us seriously consider that it is the role of the Opposition to scrutinise Bills. I realise that, inevitably, Brexit will now happen—I hope and believe that Scotland will find a way around that for Scotland—but that does not mean there are not legitimate concerns about the way in which the Government are seeking to deliver Brexit.
Geraint Davies (Swansea West) (Lab/Co-op)
Does the hon. and learned Lady further accept that 16.5 million people voted for parties either supporting remain or a public vote on the deal versus 14.5 million who voted for the oven-ready Brexit? There is still a democratic mandate, therefore, for putting the deal to the people?
Joanna Cherry
I have to say that I think the ship has sailed on that, because of the outcome of the election in England, but the ship has not sailed on Scotland’s constitutional future, because, like it or not, the Conservative party was reduced to a rump of representation in Scotland at the general election and my party won 47 of the 59 seats. It is surely a matter of concern in a democracy that is not a unitary state but consists of several nations that no matter how many amendments I and my colleagues table to the Bill, and probably every other Bill in this Session, we are unlikely to achieve a single amendment.
Rather than the braying and jeering that occurred when the leader of my group, my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford), got up to ask his questions this afternoon, I suggest to those on the Government Benches that if they really believe in preserving the Union of the United Kingdom they might want to show a little more respect, not necessarily to me or my right hon. Friend, but to those who sent us here to advocate what the majority of people in Scotland want—and, whether those on the Government Benches like it or not, the majority of people in Scotland do not want to leave the European Union but want a second opportunity to look at Scotland’s constitutional future in the light of England’s decision to leave the European Union. I defy any democrat to say that that is not a reasonable position. I gently suggest to those on the Government Benches that jeering at the representatives of voters in Scotland, shouting us down and rubbishing our legitimate concerns is not a sustainable position for the next five years.
Joanna Cherry
I agree. It is inexplicable, unless Government Ministers want to take the advantage of the majority they have secured from the English electorate to renege on an important humanitarian commitment, which, as the hon. Member for Strangford (Jim Shannon) has said, represents the best about what people across these islands hold dear in their Christian faith, their other faiths or their humanitarianism. It is incumbent on the Government to tell us what they are really up to.
Joanna Cherry
I want to make a bit of progress now.
I want to deal briefly with amendment 29, which is similar to ones advanced by other Opposition parties. It simply puts back in the Bill the obligation to negotiate an agreement for unaccompanied children. We see that very much as a fall-back, and we would like the House to go further than that.
I want to move quickly on to deal with my amendment 38 and those that follow it, which relate to the extent to which the Bill resorts to delegated powers in order for the Government to change the law in ways they feel are appropriate—not necessary, but appropriate—in relation to our withdrawal from the European Union. The Bill enables the Government to make potentially huge changes to the law through secondary legislation that cannot possibly enjoy the same level of scrutiny by this Parliament that one might expect in a properly functioning constitutional democracy that is contemplating such significant change as this Parliament seems determined to embark upon.
James Duddridge
My hon. Friend is right. We could not do anything about that law or any other specific issue without coming out of the European Union, taking back control and asserting our sovereignty. Clause 38 reaffirms that sovereignty going forward and, crucially, during the implementation period.
Geraint Davies
Does the Minister accept that our sovereignty is diminished, because we currently have a veto on many votes? Some of them are subject to majority voting, as the former Chair of the European Scrutiny Committee said, but we are one of 27 nations. Now, under World Trade Organisation terms, we will be one of 164 countries and unable to change the rules. Those terms will jack up the cost of drugs and stop us nationalising things, which will constrain our sovereignty much more. The idea that we will have more sovereignty rather than less is wrong, and the clause is therefore misleading.
James Duddridge
I disagree with virtually all the hon. Gentleman’s points. We will take back control, hold that sovereignty, take our seat as an independent nation state on WTO rules, and engage in international forums to look globally, rather than looking within Europe in European forums.
Clause 39 relates to interpretation. This type of clause is standard practice in primary legislation and contains key definitions. Subsection (1) lists items used in the Bill with accompanying definitions, such as the relevant agreements with the EU, the EEA, EFTA and Switzerland. Given the possibility of a change in EU summer-time arrangements, the clause provides for consequential changes in the exact time of the implementation period on 31 December in the United Kingdom. Let me be very clear: this power cannot be used to change the time and date of the implementation period for any other purpose. The clause is fundamental to ensuring the operation of the Bill.
Clause 40 and schedule 4 make further provision for regulations to make powers under the Bill, which is of interest and importance to Members of Parliament. Schedule 4 provides for the parliamentary scrutiny procedure for secondary legislation under the powers in the Bill. We recognise that our exit from the EU is momentous and Parliament will want to scrutinise any changes that we make to the statute book as part of that process.
James Duddridge
I thank the Chair of the European Scrutiny Committee. As he knows, the powers will also extend to the House of Lords, allowing for an additional check.
Geraint Davies
Does the Minister agree that if we must have a certain level of equivalence to sustain a reasonable level of trade, we will be obliged to accept the EU’s changes, which will be made without our consent because we will be outside the room, or else take the economic cost? That is not sovereignty; it is just self-harm for the sake of opposing things. If we just agree to the changes, what is the point of it?
James Duddridge
If we were taking the hon. Gentleman’s version of Brexit, of staying in dynamic alignment, he would be right, but we are not doing that. We are taking back control, so we will be an independent nation state.
Under schedule 4, the general position will be that the affirmative procedure will apply when the Bill’s core powers are exercised so as to modify primary legislation or retained direct principal EU legislation. Although not all the modifications will be substantial, this approach has been adopted given the exceptional context and the uniqueness of the matters dealt with in this Bill. Clause 40 recognises that Parliament wants a greater place in scrutinising legislation.
There is one exception to this rule, and it relates to the exercise of powers to make provision by regulation for citizens to appeal against immigration decisions. That exception is made to ensure such provision can be made in time for 31 January, and the made affirmative procedure is therefore adopted for that exceptional process.
Parliament has a duty to provide the British people with a functioning statute book. Clause 40 and schedule 4 provide essential further provision on the powers in the Bill, and I urge hon. Members to support their standing part of the Bill.
As hon. Members know, consequential provisions are standard, even in legislation of great constitutional importance. Equally, transitional provisions are a standard way to smooth the application of a change in the UK statute book. Schedule 5 already makes many consequential amendments, but there will be more. As is standard practice, we are therefore taking a power to amend those constitutional amendments.
I understand Members’ concerns about delegated powers in this Bill, and I would like to allay those fears and concerns today. This power is naturally constrained. It can be used only to make provisions that are consequential to the Bill. Transitional, transitory and saving provisions are equally standard in smoothing the introduction of a change to the statute book. As we implement the withdrawal agreement, it is in everyone’s interest that we ensure legal continuity for businesses and individuals. Again, schedule 5 introduces some of those measures, but we will need the flexibility to ensure that the withdrawal agreement can operate smoothly and efficiently for the people of the UK.
James Duddridge
Our withdrawal from the EU does not impinge on our human rights commitments. That issue is dealt with in later new clauses. I will make some more detailed comments on human rights then, but our commitments to human rights are unaffected by this Bill.
Clause 42 provides for the extent and commencement of the Bill and sets out its short title. It sets out that the Bill will extend to England and Wales, Scotland and Northern Ireland, save for a limited number of exceptions, with one being that section 1 extends to the Isle of Man, the Channel Islands and Gibraltar. The European Communities Act currently extends to the Crown dependencies and Gibraltar in a limited way. This means that the saving effect of the European Communities Act to allow for the implementation period must similarly extend to these jurisdictions—in effect, we will be continuing as we are during the implementation period. The Government have regularly engaged with the Crown dependencies throughout the EU exit process to keep them apprised of developments and to provide a forum for ongoing dialogue. That has been an important aspect of ensuring that this clause is fit for purpose.
The clause also sets out which parts of the Act will commence immediately at Royal Assent, and provides a power for the Minister to commence other provisions at different times by regulation. Provisions such as the consequential and transitional powers, and certain definitions, will commence immediately. It is also usual practice for the Bill to allow provisions to be commenced at different times through commencement regulations. This is an essential part of how the Act will come into place in an orderly manner.
On schedule 5, the House will remember the debates on section 8 of the European Union (Withdrawal) Act 2018 and the power to fix deficiencies in retained EU law. It was written so that in the event that the UK left the EU without a deal, deficiencies arising from our withdrawal would be corrected. Since that Act was passed, the Government and the devolved authorities have laid secondary legislation under the 2018 Act and other primary legislation to ensure a functioning statute book on exit day in the event of no deal. We do not want this legislation to come into force on exit day—rather, we want to defer these bits of secondary legislation en masse so that they come into effect at the end of the implementation period. This schedule provides for the mass deferral of this secondary legislation so that it comes into force by reference to “IP completion day” rather than “exit day”.
The schedule also contains the power to make exceptions to the mass deferral. It also covers the devolved Assemblies’ use of this power, and provides for a similar deferral of commencement, and a power to make exceptions in respect of certain primary legislation made by the devolved authorities. In addition to the provisions I have just set out, the schedule also expands the consequential power in the 2018 Act so that it can be used to make fixes in consequence of amendments that this Bill makes to that Act. A number of Acts now need to be updated to reflect the terms of the withdrawal agreement, including the implementation period. These amendments alter previous changes made by the 2018 Act to other legislation. The provisions contained in this schedule are necessary to ensure the proper functioning of the statute book for the whole of the implementation period and beyond, so it must stand part of this Bill.
Amendment 11 was, I believe, a probing measure to allow us to discuss sovereignty. It has been a good place-setter, enabling us to have a robust discussion of what is meant by “sovereignty”. We have been able to confirm that the UK has been able to do things while inside the EU. We have strongly confirmed that we have felt constrained, and have been constrained, as part of the EU in not disagreeing with things that have been put through by the EU. We now have a closer understanding of what Conservative Members mean by parliamentary sovereignty and why we asserted ourselves during the Brexit debate and the general election, which we won resoundingly.
Geraint Davies
The pleasure is all mine.
Does the Minister agree that the United States is undermining the WTO by not appointing judges to the appellant court? The Americans do not want a rule-based system; they want a power-based system—their power, and they put most of the money into the WTO. The body has 164 members, so the idea that on our own, rather than as part of the EU bloc, we will have influence in the WTO that compares to our influence by virtue of our population in the EU is surely not credible. We will simply have less sovereignty.
James Duddridge
We will have more influence: we will have influence with the Americans, who want to do a trade deal with us early on, and we will work with other international partners. The WTO has been of immense value in liberalising trade, and in many ways the EU trading within itself has been a block on the liberalisation of global trade, although it has opened out trade within the EU. I have made that point around Parliament and I think Members support the principle.
James Duddridge
My right hon. Friend is right. I disagree with some of the points made by the hon. Member for Swansea West (Geraint Davies), but if he was right we would be suffering those problems at distance through the EU; if indeed it was the problem that he describes, it would not be a new problem.
James Duddridge
I am going to make some progress on amendment 9. I look forward to hearing the hon. Gentleman’s speech as a trade rep; I shall listen carefully to his remarks and intervene on him if that is appropriate and helpful to the debate.
The House will be aware that the Government previously published an impact assessment in support of the Bill. It is a standard assessment of the direct costs and benefits to businesses of elements of the Bill, and is available to Parliament and the public.
The assessment is in addition to the Government’s analysis, which was published in November 2018. It is detailed and robust and covers a broad range of scenarios.
In his letter to the Treasury Committee on 21 October last year, the Chancellor of Exchequer committed the Government to provide continued analysis of the appropriate points through the next stages of the negotiations. Hopefully, that will reassure the hon. Member for Bristol West (Thangam Debbonaire), in addition to the reassurance she received from my hon. Friend the Under-Secretary of State for Northern Ireland, who spoke on issues of parliamentary scrutiny in the debate on the previous group. The Government remain committed to providing that analysis and will inform Parliament with the best analysis on which to base decisions. We will do so at the appropriate time, and so that it does not impede our ability to strike a good deal. I do not think that Members of Parliament or the British public would want us to do otherwise.
The British people have voted to get Brexit done and we must honour that by leaving with a deal. Fundamentally, amendment 9 is sadly another attempt to delay Brexit. We do not want to test the people’s patience further by adding another step to the process, so I urge the SNP to withdraw the amendment. An impact assessment already exists and is there for everyone to see.
I thank the hon. Member for North Down (Stephen Farry) for tabling amendment 35, but unfortunately we cannot accept it. The clause recognises a principal fundamental to our constitutional relationships: that Parliament is sovereign. Nothing in the Bill derogates from the sovereignty of Parliament, as the clause makes clear. In passing legislation to give effect to the withdrawal agreement, Parliament is exercising that sovereignty. Clause 5 is a critical component of the Bill: it provides individuals and businesses with some clarity, such that they can rely on the withdrawal agreement. It also provides for the withdrawal agreement to take priority over domestic law where it is incompatible. That is consistent with parliamentary sovereignty. Parliament is giving effect to the priority of the withdrawal agreement. The effect of the hon. Gentleman’s amendment would go beyond that. It would be novel and it would bind Parliament’s hands in exercising its ability to make and unmake law. He should be assured that such an amendment is entirely unnecessary, so I hope that he does not press it to a vote.
Geraint Davies
It is a pleasure of sorts to follow the right hon. Member for Wokingham (John Redwood) and the hon. Member for Stone (Sir William Cash). On the issue of sovereignty and democracy, it is worth remembering something. The basis of the 2016 referendum was one person, one vote, one issue, and there was a clear majority then to leave. In 2019, we had another vote, a general election, and had that been counted on the same basis—one person, one vote—we would have had 14.5 million voting for the oven-ready Brexit on offer and 16.5 million voting for a people’s vote or remain. Obviously, that vote was on a different basis—on a constituency representation basis and on a number of issues—and the clear decision was for a Conservative Government with a majority of 80. That is clearly understood, but to try to conflate the two is wrong. In fact, there remains a compelling case that the oven-ready Brexit being railroaded through—in my view, a reckless Brexit that would undermine the sovereignty, power and financial and trading credibility of Britain—should go back to the public for a final vote.
John Redwood
I gently remind the hon. Member that during the election senior Labour people argued passionately that it was fine for a leave voter to vote Labour and that they were not all in favour of what he has just said, so I do not think he can say that in all cases the Labour vote was definitely a vote for remain or a second referendum.
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.
Graham Stringer (Blackley and Broughton) (Lab)
Will my hon. Friend tell me what definition of sovereignty he is using? It is completely confusing me. I have just checked, and the normal definition is
“the authority of a state to govern itself”,
but my hon. Friend is talking about majority voting when we might be in a minority. What is his definition of sovereignty?
Geraint Davies
What we are talking about is the freedom of this Parliament to influence the outcomes for our electorate. [Interruption.] What I am saying, as my hon. Friend chunters in his seat, is that we will move from a position in which we can influence rules that will be applied in Britain to one in which we cannot influence those rules, and they will still be applied. We are not suddenly leaving and going to the moon.
I know that there is a move on the other side for us to become semi-detached, or worse, from the EU, and to thrust ourselves into the fond arms of the WTO. However, as I said to the Minister earlier, and I have had some experience of this as a trade rapporteur for the Council of Europe at the WTO, we will end up negotiating with 164 countries with just one vote, not proportionate to our population—and some of those countries will be dictatorships—as opposed to being in a club of 28 mature economies with a strong bargaining position within the WTO. As I said earlier, the WTO is being undermined by the United States, which wants its own massive power to decide everything, rather than rules. Moreover, it has existing rules that are contrary to what we are allowed to do within the EU.
We may talk of sovereignty, but if at some point in the future the Government of Britain wanted to return the railways, for instance, to public ownership—I appreciate that the Minister may not want to do this—the WTO would be able to stop us. It also has rules about patents which will increase the price of drugs. I do not think that “people in the street” voted for that.
Furthermore, the WTO will impose—as will bilateral trading relationships with the United States—new systems of arbitration courts and panels with independent judges who, unlike the European Court of Justice, are not democratically elected, and who will make decisions on whether big companies can either sue us or threaten to sue us for not pursuing various activities, or will block our legislation.
In case there is any ambiguity, let me give an example. Lone Pine, the big fracking company, sued the Canadian Government because Quebec had a moratorium on fracking, saying that it would affect climate change, or was not in the interests of the environment, or whatever it was. We have started fracking in this country, but let us suppose that the Welsh Government said that they did not want fracking in Wales. If there were to be an investor-state dispute settlement tribunal, the frackers could come along and say “Look here, we cannot have this, we are fracking”, and sue the British Government. Is that sovereignty and control in any normal circumstances? Of course it is not. Courts will be available that will fine, or threaten to fine, the British Government for passing legislation to protect the environment and the public health of our citizens, and their intimidation will deter future Governments from doing that.
We have introduced a sugar tax, but when that happened in Mexico there was an attack on it through an investor-state dispute settlement. If we introduce a plastics tax, we will be attacked for that.
Geraint Davies
This is not sovereignty; it is madness and self-harm, on which point I will give way to the right hon. Gentleman.
Sir Iain Duncan Smith
I really do not understand what the hon. Gentleman and his Front Bench are up to. It is as if they are trying to rewrite the whole concept of the world order in trade. The EU has to abide by WTO rules just as we will when we leave—and we already do. There is no issue here that is going to change. WTO rules apply to the EU as stringently as they apply to us, and when we leave and become a voting member, they will still apply to us. The difference is that if there is a debate for change, we will have a vote which we do not have now because we are subsidiary, underneath the EU. The hon. Gentleman’s argument is specious, and it is total nonsense.
Geraint Davies
Well, that was very helpful.
Some hon. Members have failed to understand this. I remember the big debate over the Transatlantic Trade and Investment Partnership, for example, and over these investor-state dispute settlement clauses being used by the Americans on fracking and other issues. Once we are in a situation where, instead of being in the powerful trading bloc of the EU, negotiating head to head with China or the United States from a position of strength to sustain our environmental and workers’ rights and our standards, we will suddenly instead be broken free, semi-detached, and turning our back on our biggest local market—[Interruption.] It is all very well for the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) to chunter, but that is what will happen. It is already being discussed in the trading arrangements with the United States. The United States is saying, “Right, you’re on your own now and we are going to have this relationship and we will enforce it through the international tribunal.” That is what is going to happen.
Let us take as an example the simple European REACH protection—the regulations concerning the registration, evaluation, authorisation and restriction of chemicals. If the right hon. Member for Chingford and Woodford Green were making chemicals in Europe, he would have to prove they were safe before marketing them. In the United States, he would just be able to market them and an environmental protection organisation would have to prove them harmful. That is why they sell asbestos in America, and that is why there will be pressure for us to have asbestos in our brake pads here. That is why there will be pressure for us to have hormone-impregnated meat from America imposed on our growing children, who could then have premature pubescence. I know that some people think that that is sovereignty, but I do not.
Dr Whitford
Is the hon. Gentleman aware that a threat to the sugar tax is already within the trade papers that have come out, registering the discussions that have already been happening with the US? The sheer threat of a Government, whether a devolved Government or this one here, being dragged through an investor-state dispute settlement can create a fear of public health measures such as the one we have in Scotland on the minimum unit pricing on alcohol, which this Parliament have not got round to. They might find that they struggle to get round to it in the future because they would be challenged, which would threaten the public health of everyone in the United Kingdom.
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.
Mark Garnier (Wyre Forest) (Con)
I actually agree with an awful lot of what the hon. Gentleman has said in terms of the construction of his argument, but his conclusions are hypothesised on a trade deal that is yet to be done. The important point about all this is that we have sovereignty over deciding what goes into the trade deal. If we do not want to put stuff into a trade deal, it does not matter what the investment courts say. They can only adjudicate on that which is in a trade deal, and what will go into a trade deal will be decided by this sovereign Parliament. That is where his conclusion is completely wrong. He was putting forward quite a strong argument to start with, and I do agree with it, but his conclusions are completely wrong given the sovereignty of this Parliament.
Geraint Davies
I am grateful to the hon. Gentleman for that intervention. If there has been any lack of clarity let me make it clear that I am saying that we are in the EU at the moment and obviously do lots of trade with the EU—44% of it—and we do quite a lot of trade through the EU indirectly with America and elsewhere, so we are in a reasonable position. If we come out of the EU and suddenly find that we need to make up for lost trade, we will be under a lot of pressure to do a deal quickly with the US. We will also be in a much weaker position, because we will be standing alone.
The US is a big player and knows it, so it will try to get what it wants, as has been pointed out on sugar, fracking and other examples. What is more, it has ISDS powers as part of its normal bilateral trading agreements, and that is already recorded in trading relations. The idea suggested by the hon. Member for Wyre Forest (Mark Garnier), which I respect, is that we could in theory say, “No, we don’t want this. We won’t go ahead with that.” but there would be a huge economic cost. There would also be enormous pressure, while doing all these other trade deals, to agree.
The assumption is that we could just carry on as before with all the other bilateral trading agreements with small countries such as Chile. If you were Chile, Sir Gary, you would think, “Hold on. Instead of negotiating with the big EU, I’m now negotiating with a relatively smaller UK, so I want a better deal.” Therefore, our sovereignty, in terms of our power to deliver what our electorate wants, is reduced. Our sovereignty has therefore been intrinsically undermined, rather than enhanced, which is contrary to what is being spun out here.
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.
Geraint Davies
That is very helpful. Let us get this point clear. Something like 44% of our trade goes to the EU, so it is enormously important to us. However, less than 5% of the EU’s trade overall comes to the UK. There is a balance of power, and it is the case that two EU countries—the Netherlands and Germany—have a significant trade surplus with the UK, but the others do not. The EU will quite reasonably, as a bloc, want to protect its standards, its environment and its workers’ rights and not be undercut.
We have seen that already in terms of sovereignty, because we want a better environment, but the Government have already decided to withdraw from the carbon trading system, so we will have our own carbon tax. However, my understanding of the Government proposal for the carbon emissions tax is that we will charge £16 a tonne and the EU will tax £25 a tonne. In other words, we are already becoming a sort of pollution dumping ground. The more we diverge negatively away from the EU, the less we will be able to trade and the more we will be in the hands of the US, the Chinese or whoever. That is not sovereignty; that is just being in the hands of others.
I accept your guidance, Sir Gary, and I think I have made my point. We will be poorer, weaker and more divided. This is not about sovereignty. This is about the abdication of sovereignty, and I deeply regret it.
Robert Courts (Witney) (Con)
It is an honour to take part in this debate with you in the Chair, Sir Gary.
I want to make a few brief comments on clause 38. I want to say a word or two about parliamentary sovereignty and why the clause is necessary. We have heard the phrase “parliamentary sovereignty” a lot recently. It is much used and much misused. Although it is certainly a subject for debate, it can essentially be understood to mean that this place is the supreme law-making body in the country. It makes the law and cannot bind its successors, so the law can be changed. The law is made after an election, at which we stand on the basis of a set of promises. We then enact those promises, and at the following election, the electorate judge how well we have performed and whether we have kept those promises, and then they make a judgment at the ballot box accordingly.
Robert Courts
We are certainly getting into the technical detail, which is exactly what we should do at this stage. The hon. Lady ignores the independent element that takes place in any such independent arbitration mechanisms in interrnational trade organisations.
Robert Courts
I will not—I have taken a number of interventions and have made my point. I will conclude simply with why clause 38 is necessary and why amendment 11 misses the point.
Parliament consented to the European Union’s lawmaking structures while we remained members of the European Union. That consent will be withdrawn when the 1972 Act is repealed and we are in the implementation period. We do not want to be forced into a dynamic alignment in which rules that we have no say over are passed. We need to make it clear that Parliament retains the right to disagree and diverge from those rules if it wishes. For those reasons, the clause is entirely accurate and needed, and the amendment simply misunderstands that.
Joanna Cherry
Not all, but many Members on the Government Benches have spoken about just the sort of free-for-all on rights that we fear. Of course, this partly comes from the conceit that somehow the United Kingdom—by which they normally mean England—has a monopoly on rights, which is not shared by other countries across the world, including the other countries in the European Union. Unfortunately, the lived experience of working men and women across the United Kingdom is not one of confidence in Governments of the UK to protect them, particularly when those Governments are of the Conservative and Unionist party. That is why they have been so reliant on the jurisprudence of the European Court of Justice, and on directives and regulations passed by the European Union institutions, in which Britain has of course had significant input over the years. My new clauses and the Labour party’s seek to achieve some minimum guarantees in relation to the continued enjoyment of many rights that exist only because of the European Union.
Geraint Davies
Does the hon. and learned Lady agree that the European Court of Justice underpins our fundamental values of democracy, human rights and the rule of law? Does she also agree that, outside it, workers’ rights, the judiciary and the rule of law are under attack, and that our civil service, the BBC and all such institutions are now a free-for-all? It is not just workers’ rights; it is the judicial system itself.
Joanna Cherry
As I said earlier, it is clear from the Conservative manifesto that the Government intend a rebalancing of power between the Executive, Parliament and the judiciary. I think this comes from a sense of hubris about the Prime Minister’s defeat in the Supreme Court at the tail end of last year. Of course, it is important to remember that that was not a political decision, but a legal one. The distinguished Scottish judge Lord Drummond Young said in the Scottish Supreme Court, “It is not for the judiciary to scrutinise the Government. That is the job of Parliament. But when the Government prevents Parliament from doing its job, then it is the job of the judiciary to step in to make sure that Parliament can fulfil its function.” I see that that comment from a distinguished member of the Scottish bench is going down like a lead balloon on the Government Benches, but it simply mirrors what Lady Hale was careful to do in the Supreme Court, which was to underline that these were legal judgments, not political ones.
Our memberships of international institutions such as the European Union and the European convention on human rights, separately, have given important guarantees that regardless of the complexion of government in the United Kingdom, there will be certain minimum standards. Withdrawal from the EU undermines that in a number of areas, particularly workers’ rights, and that is why these amendments are so important.
My second point relates to the charter of fundamental rights, which was of course removed by the European Union (Withdrawal) Act 2018 and is not dealt with in this Bill. However, there remains widespread concern about the effect of the removal of the charter because, as we heard at length in the last Parliament, it guarantees certain rights that are not guaranteed by the convention on human rights or by the domestic legal systems of these islands. My SNP colleagues and I believe that this Parliament should ensure that the Bill does not lead to the diminishing of the rights of UK citizens or EU citizens living in the UK. One way of doing that would be for the Government to commit to conducting and publishing an impact assessment on the effect of the removal of the EU charter of fundamental rights later this year. That is what my new clause 50 seeks to achieve. I would respectfully suggest that, in the interests of certainty, no reasonable parliamentarian in this House who cares about the rights of his or her constituents could oppose an inquiry into the impact of the withdrawal of the charter on their constituents’ rights.
New clause 8, in the name of my right hon. Friend the Member for Ross, Skye and Lochaber and a number of other colleagues, sets out a requirement for the UK Government to negotiate a deal keeping the UK close to the single market and the customs union. I have no intention of pressing it, because I know that that ship has sailed. However, it is intended to remind the House of, and to put on record, the position of the Scottish National party and the Scottish Government in relation to membership of the single market and the customs union.
The Minister said earlier that the UK Government have engaged with the devolved Administrations throughout the negotiations to leave the European Union, but I am afraid that the evidence of the past three years shows that while engagement has taken place, it has been very much a superficial box-ticking exercise. That is not just the view of the SNP; I see others who represent seats in areas covered by other devolved Administrations nodding their heads.
In December 2016, the Scottish Government published a document called “Scotland’s Place in Europe”, which was the first comprehensive proposal from any Government in these islands to address the outcome of the EU referendum. It contained an evidence-based analysis showing that the least damaging option for leaving the European Union—the optimum case being to remain—was to continue membership of the single market and customs union. The document demonstrated how that could be done for the UK as a whole, notwithstanding other parts of the United Kingdom such as Northern Ireland and Scotland. The proposals represented a very considerable compromise by the Scottish Government, but despite cross-party support in the Scottish Parliament, they were almost instantly dismissed by the former Prime Minister. Indeed, they were read more carefully by Michel Barnier than by the British Government.
Thereafter, Scottish Government colleagues engaged fully in good faith with the process set up by the UK Government apparently—I use the word “apparently” advisedly—to involve and consult the devolved Administrations in formulating the UK position for withdrawal. The terms of the Joint Ministerial Committee on EU negotiations, which was set up for that very purpose, were agreed in October 2016, saying that through the Committee the Governments would
“work collaboratively to…seek to agree a UK approach to, and objectives for, Article 50 negotiations; and provide oversight of negotiations with the EU, to ensure, as far as possible, that outcomes agreed by all four governments are secured from these negotiations”.
Sadly, it was soon clear that the UK Government had no intention of honouring those commitments. There is more to engagement than simply turning up and speaking at people. Engagement involves listening, compromising and collaborating.
Northern Ireland (Executive Formation) Bill
Geraint Davies ExcerptsThursday 18th July 2019
(5 years, 5 months ago)
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Gavin Newlands (Paisley and Renfrewshire North) (SNP)
I rise to offer the SNP’s support for both Lords amendment 1 and the amendment tabled to it by the right hon. Member for Leeds Central (Hilary Benn).
President Tusk asked the UK not to waste its time. Instead, this Government have been self-indulgent, focusing on internal machinations and the leadership election, all while this zombie Parliament is left cooling its heels instead of getting on with the job of dealing with Brexit.
The UK Government’s own analysis shows the catastrophic impact that a no-deal outcome would have, yet some on the Government Benches are still quoting no deal. The default should be to revoke article 50, not to impose a no-deal Brexit. There would be a democratic constitutional crisis were the right hon. Member for Uxbridge and South Ruislip (Boris Johnson) to prorogue Parliament. Last week, I said that, given the fact that a clear majority of MPs are opposed to the UK leaving without a deal, the Prorogation of Parliament to facilitate a no-deal would be unconstitutional, undemocratic and entirely untenable. The fact that the Prime Minister in waiting, only elevated to office by Conservative party members, refuses to rule this out tells me that he is unfit for high office.
The Government’s own assessment shows that no deal could leave the UK economy up to 9% smaller after 15 years and that two of the worst hit areas economically in a no-deal scenario would be Scotland with an 8% hit to GDP and Northern Ireland itself with a hit to GDP of over 9%. Mark Carney, and pretty much everybody else if we are honest, refuted the unsubstantiated suggestion of the right hon. Member for Uxbridge and South Ruislip that the WTO—general agreement on tariffs and trade—arrangements would enable the UK to avoid EU tariffs in the event of a no deal. David Watt, lately of the Institute of Directors, said:
“Frankly, it’s difficult to imagine a policy that inflicts more economic harm on the UK and Scotland. The fact that we’ve inflicted this on ourselves simply beggars belief.”
The chief executive of Make UK, representing British manufacturers, said that
“it would be the height of economic lunacy to take the UK out of the EU with no deal in place.”
Gavin Newlands
Sorry, but I do not have time to give way.
The Chancellor himself said that leaving with no deal would mean
“Higher unemployment, lower wages and higher prices in the shops”—[Official Report, 13 March 2019; Vol. 656, c. 347.]
That is not what the British people voted for in June 2016.
It is clear that neither contender for Conservative leader fully understands the implications of Brexit, or perhaps they simply do not care. Scotland has repeatedly demanded a separate course of action in every vote since the referendum, but this Government have ignored us at every turn. The Scottish Parliament and the Scottish Government will not ignore the people of Scotland.
John Penrose
I will come to broader comments about the background politics in a second, but my hon. Friend has made his point.
I should also point out that, alone among the various amendments that we are discussing, this one has little to do with Northern Ireland and everything to do with Brexit. All the other amendments deal with important issues specific to Northern Ireland: same-sex marriage in Northern Ireland; abortion in Northern Ireland; suicide prevention in Northern Ireland. But not this one.
John Penrose
I am sorry, but I do not have time.
This amendment attempts to bind the UK Parliament for a UK-wide issue. That breaches a pretty important precedent: that we try, at least, to work on a cross-community consensual basis when it comes to Northern Ireland because the sensitivities and the risks are so great, so significant, that it would be irresponsible and dangerous to play political games in such a charged arena.
Furthermore, in this case the Bill stands a decent chance of never becoming law, if the Stormont Assembly restarts before Royal Assent; I am delighted to report that the talks were ongoing yesterday and I believe that they are continuing today. I am sure that everybody here wishes them every success. If the Stormont Assembly restarts before Royal Assent, not only is the amendment dangerously partisan—weaponising a Northern Ireland Bill for Brexit in a way that we usually, rightly, try to avoid—but it could easily put us through all that grief for no good reason at all if it fails to become law. The change would set a constitutional precedent that could last for centuries whether we intend it to or not. We should not do it like this—not in this Bill, and not in this way.
I have directly opposed the specifics of the amendment; I now come to a broader point about the politics behind it, which should inform all of us as we decide how we will vote in a minute. I am sure that we are all democrats here: first, last and always. Even though I and many others originally voted remain in the EU referendum three years ago, I have since become, like many others, a strong and doughty backer of the democratic decision to leave. Many of us would far prefer to leave with a sensible deal, but if that is not possible and it comes down to a choice between no deal and no Brexit, then, reluctantly but firmly, I choose no deal. [Interruption.] I do not have time to give way; I am down to my last 90 seconds.
Many colleagues on both sides of the House, including a couple of signatories to the amendment, now feel the same way. We have been going at this for three years. The country sent us all a very clear message at the polls in May that they want this done. We have reached a narrowing funnel where our choices are getting fewer and fewer, and we are running out of road. The time, and voters’ tolerance for our failing to address that central issue, is running out. For many of us, the problem with the amendment is not about more or less democracy; it is that it is pretending to be democratic but in reality it is trying to prevent the democratic referendum decision from ever happening at all.
I have a challenge for the backers of this amendment; it will be hugely reassuring to moderate, former remainer Brexiteers such as myself. If it finally comes down, this autumn, to the stark and simple choice between no deal and no Brexit, which will you choose? Will you promise to honour the democratic decision or will you not? If you cannot make that commitment and that pledge, I am afraid that voters will conclude that this is a stitch-up—[Interruption.]
Oral Answers to Questions
Geraint Davies Excerpts(6 years, 9 months ago)
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Mr Vara
Tayto Group is the third largest snack manufacturer in the UK. It employs some 1,500 people right across the country—from Tandragee to Corby, and from Scunthorpe to Devon—and is one of the many success stories for growth. Through our industrial strategy, we are creating conditions in which successful businesses such as Tayto Group can thrive, helping them to invest in the future of our nation. We are shaping our business environment to take on the challenges and opportunities of new technologies and new ways of doing business, especially as we leave the EU, and to develop new trade relationships and expand our global trade networks.
Geraint Davies (Swansea West) (Lab/Co-op)
The Institute of Export and International Trade says that if Northern Ireland is not in the single market or customs union, it will face 350 million new product codes. How many tens of thousands of administrators would Northern Ireland need to continue its current trade, let alone expand it?
Oral Answers to Questions
Geraint Davies Excerpts(8 years ago)
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Mr Lidington
Older and vulnerable people deserve the highest quality care possible. There is no excuse for services that fall short of expectations in the way my hon. Friend has described. The CQC has extensive powers in law to ensure that nobody in the chain of responsibility is immune to legal accountability, and I would expect the CQC to exercise those powers in full in this case. But my hon. Friend has made some criticisms of the CQC and the Government have been looking into ways to improve its processes and increase its efficiency. The Under-Secretary of State for Health, my hon. Friend the Member for Warrington South (David Mowat), is the Minister responsible for community health and care, and he discussed this very issue with the CQC earlier today.
Geraint Davies (Swansea West) (Lab/Co-op)
US satellite data show that 6% of methane from fracking is leaked through fugitive emissions. Given that methane is 86 times worse than CO2 for global warming over a 20-year timeframe, will the right hon. Gentleman support the Council of Europe’s call for the banning of fracking, or at least for a maximum of 0.1% fugitive emissions at the wellhead?
Mr Lidington
No, Mr Speaker. The Government took their decision to give a go-ahead to fracking after extensive consideration of both the economic and the environmental risks and opportunities involved. We are confident that fracking can be carried out in a way that is safe and does not harm the environment, but which also provides job opportunities for this country and makes us less dependent on the import of energy.
Oral Answers to Questions
Geraint Davies Excerpts(8 years, 6 months ago)
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Mrs Villiers
The panel makes reference to certain contacts that have taken place on an informal basis with some of these groupings. The panel’s report sets out a road map to seeing an end to those kinds of interactions. It is something that we shall work towards in the future because we do not want these organisations to exist any more.
Geraint Davies (Swansea West) (Lab/Co-op)
3. What discussions she has had with the parties in the Northern Ireland Assembly on the referendum on the UK’s membership of the EU; and if she will make a statement.
Peter Kyle (Hove) (Lab)
5. What discussions she has had with the parties in the Northern Ireland Assembly on the referendum on the UK’s membership of the EU; and if she will make a statement.
The Parliamentary Under-Secretary of State for Northern Ireland (Mr Ben Wallace)
Ministers have regular meetings with representatives of the Northern Ireland parties to discuss a range of issues. The Government’s position is clear: we are safer, stronger and better off in a reformed European Union.
Geraint Davies
Only two countries in the EU run a trade surplus with Britain: Holland and Germany, and the rest have a deficit. If there is Brexit, the rest will vote for tariffs, which would lead to inward investment moving from Northern Ireland into southern Ireland, and it will be the same for extra opportunities and jobs. How can the Minister and indeed the Secretary of State justify supporting Brexit when it will lead to a movement of jobs to the south, along with advancing the cause of unification and the rising of sectarian tensions?
Mr Wallace
If I may correct the hon. Gentleman, I fully support remaining in the European Union, and so do the United Kingdom Government. We are acutely aware of the points he raised, as 87% of the agricultural exports of Northern Ireland go south to the Republic, and we do not want to see any trade barriers put in the way. That is why we want to remain in the European Union.
Oral Answers to Questions
Geraint Davies Excerpts(8 years, 8 months ago)
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The Prime Minister
I am aware of the draft proposals concerning Paignton hospital. I understand that no decision has yet been made. The plans are due to be considered by the clinical commissioning group’s governing body. Let us remember that these bodies are now, by and large, clinically-led, and I think that is important. Decisions about what services are required will be taken by that group, but if there are significant changes, they still have to meet four key tests: support from clinical commissioners, strengthened public and patient engagement, clarity on the clinical evidence base and support for patient choice. All those things have to be satisfied.
Geraint Davies (Swansea West) (Lab/Co-op)
Q2. The air in our cities is both toxic and illegal, with diesel fumes contributing to 800 deaths a week—that is 40,000 a year—so why is the Prime Minister, instead of removing the most heavily polluting vehicles from our streets, lobbying the EU in Brussels, with the Mayor of London, to weaken plans to improve our air quality and save lives?
The Prime Minister
We are investing in better air quality. Since 2011, we have committed over £2 billion to help bus operators upgrade their fleets. We have seen air quality improve between 2010 and 2014, with emissions of nitrous oxides coming down by 17%. When it comes to these standards that we all have to meet, we are working with our car industry. I want a strong car industry in Britain. I am proud of the fact that it has recovered so strongly that the north-east of England now makes more cars than the whole of Italy and that we are a major investor in and builder of diesel engines, but we are going to make sure that it has the resources it needs to meet the higher standards that are set out.
Oral Answers to Questions
Geraint Davies Excerpts(11 years ago)
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The Prime Minister
I am delighted with the news about the number of apprenticeships in Cornwall. The Government have made a major financial commitment to funding apprenticeships. That is making a difference, but there is far further to go in tackling youth unemployment and worklessness among people between the ages of 16 and 24. I am always happy to meet the hon. Gentleman. Perhaps a suitable moment might be when I am in Cornwall.
Geraint Davies (Swansea West) (Lab/Co-op)
House prices are going up at a time when real wages are going down. Does the Prime Minister accept that when interest rates go up after the election, it will detonate a sub-prime debt crisis of his making?
The Prime Minister
The greatest danger in terms of interest rates would be to have a Government who believed in more borrowing, more spending and more taxing. That is what would drive up interest rates, that is what would hit the cost of living and that is what every family in this country should dread.
Oral Answers to Questions
Geraint Davies Excerpts(11 years, 10 months ago)
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The Prime Minister
I always listen closely to what Michael Heseltine says and I am a huge fan of his plans for an industrial strategy. On the issue of Europe, we have not always agreed. He was a leading proponent of Britain joining the single currency and I have always been opposed to that. On the issue of the referendum, I gently remind my right hon. and learned Friend that an in/out referendum was very much part of his manifesto at the last election, but in the interests of coalition harmony, I think we will leave that to one side.
Geraint Davies (Swansea West) (Lab/Co-op)
Q12. A Swansea constituent of mine with a chronic medical condition tells me that he has just £20 a week to spend on food and clothing after paying his utility bills, and that after the welfare cuts in April he will have just £2 a day. If the Prime Minister believes that we are all in it together, will he agree to review the impact of the welfare cuts on the very poorest, so that my constituent’s sacrifices are in line with his own?
The Prime Minister
I will look very closely at what the hon. Gentleman says and the circumstances, but it is worth making the point that, if we compare 2013 with 2010 in terms of the level of key benefits, we will see that an unemployed person on jobseeker’s allowance is getting £325 more this year than in 2010, that a couple on jobseeker’s allowance are getting £500 more and that a single, out-of-work mother is getting £420 more, so what the Opposition try to do week after week—paint a picture that we have unfairly cut welfare—is simply untrue.