EU Exit Day Amendment

Hannah Bardell Excerpts

Wednesday 27th March 2019 Commons Chamber

[Simon Hoare (North Dorset) (Con)]

rose—

[Hannah Bardell (Livingston) (SNP)]

rose—

[Sir Bernard Jenkin]

I am going to press on.

This House has now embarked upon an unprincipled constitutional experiment. The Public Administration and Constitutional Affairs Committee, which I chair, recently heard from a retired Lord Chief Justice that nothing like this experiment has occurred since the recasting of the role of Parliament in 1688, which shows just how radical it is. I recognise the sincerity of many right hon. and hon. Members involved in the experiment, but they have resorted to the most questionable constitutional methods, which leave no Government or anyone else accountable for what is being decided. Who will the voters now hold to account for the outcome of the Brexit question?

Moreover, the process has been supported by those either embarking upon embellishing the discredited withdrawal agreement with ever greater restrictions on our right of national democratic self-determination or seeking to disrupt Brexit or stop it altogether in defiance of the manifesto promises upon which most of us were elected. I therefore regret to conclude on these matters, including these regulations, that this House is left with questionable democratic legitimacy.

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[Hannah Bardell]

My hon. Friend is making an excellent speech, summing up brilliantly the exact guddle that this Conservative Government have got themselves into. Is it not the worst kind of loser who blames their opposition or opponent for their own mess? Not only are this Government completely screwing up the Brexit negotiations and the whole of the UK, but they are asleep at the wheel in government and cannot even replace their disability Minister, thus offending and not properly representing people with disabilities across the UK. It is utterly shameful.

[Kirsty Blackman]

My hon. Friend is absolutely correct: this is a complete mess, and not only over things such as not being able to replace the disability Minister. I understand that the Prime Minister has lost 28 Ministers; the previous three Prime Ministers reached a combined total of losing that many Ministers.

The last issue I wish to raise is the fact that EU settled status is not sorted out. People’s jobs, livelihoods and living standards—people’s lives—are being put at risk by the decisions and lack of preparedness of this Government. But we will be supporting this SI and supporting the extension, although it should be a longer one.

Oral Answers to Questions

Hannah Bardell Excerpts

Thursday 3rd May 2018 Commons Chamber

[Antoinette Sandbach (Eddisbury) (Con)]

6. What recent progress he has made on negotiations on the UK leaving the EU.

[Hannah Bardell (Livingston) (SNP)]

7. What recent progress he has made on negotiating the UK’s exit from the EU.

[Stephen Gethins (North East Fife) (SNP)]

10. What recent progress he has made on negotiating the UK’s exit from the EU.

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[Mr Davis]

We have said categorically that there will be no physical infrastructure or related checks and controls at the border between Northern Ireland and the Republic. We have set out clear commitments in relation to the border and have put forward two potential customs models, to which the hon. Member for Paisley and Renfrewshire North (Gavin Newlands) alluded.

I have always said that the best solution to the Northern Ireland border issue will be reached through the deep and special partnership between the United Kingdom and the European Union, recognising the unique circumstances of Northern Ireland. As the European Commission has itself acknowledged, solutions to the border issue cannot be based on precedent.

[Hannah Bardell]

Given the fankle that the Secretary of State and the Government have got themselves into in the other place, have not the EU negotiations now descended into a game show parody? The question is, is it “Deal or No Deal”, or has the whole situation just become a bit “Pointless”?

[Mr Davis]

The hon. Lady clearly memorised her question before she heard my answer. A huge amount of incredibly important work is under way, most notably on Northern Ireland. I would not reduce that to a parody.

Oral Answers to Questions

Hannah Bardell Excerpts

Thursday 1st February 2018 Commons Chamber

[Mr Davis]

There can be few policies that have been talked about more by Prime Ministers than this one. There have been two major speeches—Lancaster House and Florence—and two White Papers, and something like 15 Bills will be going through this House over the course of the Parliament, so the House will not be unaware of all aspects of the bespoke deal. We have also made very plain what we see as different in what we are seeking from other deals. For example, we are aiming for the free trade agreement to be comprehensive and tariff-free. On the customs agreement, we are aiming for the most frictionless one possible—we have a variety of proposals that we talked about in front of the Select Committee on that—and the House will be kept fully informed. On the costing, as we have said, I think on Monday, we will of course release all the information necessary once it is no longer sensitive to the negotiations, but before the House makes a decision.

[Hannah Bardell (Livingston) (SNP)]

10. What recent discussions he has had with Cabinet colleagues on the Scottish Government’s paper on “Scotland’s place in Europe: People, Jobs and Investment”, published on 15 January 2018.

[The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)]

I have seen the report that the question refers to, and I know that the Secretary of State for Scotland discusses the Scottish Government’s priorities with them regularly at the Joint Ministerial Committee (EU Negotiations). There is considerable common ground between us on what we want to get out of the process, such as making sure that Scottish universities and business have access to the best of European talent, but it is disappointing that the report does not take the threat of a second independence referendum off the table, as doing so would be in the interests of Scotland.

[Hannah Bardell]

The Minister will be aware that the figures in “Scotland’s Place in Europe” very much mirror those that were leaked earlier this week. In Scotland, the difference is that the Scottish National party Government do proper analysis and publish it. The analysis says that there will be a hit to GDP of 8.5% and that £2,300 a year will be lost for each person in Scotland. How many jobs have to be lost or under threat before this Government realise that they must back membership of the single market and the customs union?

[Mr Walker]

The Government are seeking a successful deal for the whole UK, including Scotland. Four times as much of Scotland’s business is with the UK as with the rest of Europe. The worst thing for Scottish jobs and businesses would be to split up our United Kingdom.

Exiting the EU: Sectoral Impact Assessments

Hannah Bardell Excerpts

Wednesday 1st November 2017 Commons Chamber

[Hannah Bardell (Livingston) (SNP)]

Does the hon. Gentleman not think that he and his Government have a responsibility to tell the people of this country who voted either leave or remain what the real impact will be? If he does not, will they not turn on the people who hid the information from them? Will he stop governing in secret, and make sure that the people who are running this country and the people who voted have all of the information and the truth?

[Mr Walker]

I thank the hon. Lady for her intervention. I have always been clear that we have a responsibility to people on all sides of the referendum debate to deliver a successful outcome to our negotiations. However, delivering a successful outcome to our negotiations for the whole country does require keeping some information confidential for the purposes of negotiation.

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[Ian Paisley]

rose—

[Hannah Bardell]

rose—

[Mr Walker]

I will not give way again, I am afraid.

The Government have consistently published information where we believe it is in the national interest to do so. We have already published 14 papers to address the current issues in the talks and to set out building blocks for the relationship that we would like to see with the EU both as we leave and in future. Those papers represent some of the hard work and detailed thinking that has been going on across Whitehall over the past 12 months. In addition, we have published technical notes shared with the European Union and may agree further joint publications with the EU as part of the ongoing negotiations.

But we must not forget that the House has voted repeatedly not to disclose material that could damage the United Kingdom’s position in negotiations with the European Union. Not only is that the approach taken by the UK; it is also the approach taken by the EU in its negotiations. The EU’s document, “Transparency in EU trade negotiations”, says:

“A certain level of confidentiality is necessary to protect EU interests and to keep chances for a satisfactory outcome high. When entering into a game, no-one starts by revealing his entire strategy to his counterpart from the outset: this is also the case for the EU.”

That once again drives home the need for a balance between transparency and securing the best outcome in the negotiations.

As the House will understand, many thousands of documents are being prepared across Government with regard to our exit from the European Union.

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[Peter Grant (Glenrothes) (SNP)]

I welcome the chance to contribute to this debate. I hope that we can concentrate on the fundamentally important matter at hand. This debate is not about which party’s position on Brexit has been more chaotic; it is about the importance of making sure that Parliament and the public have information to which they are entitled to hold us all to account. A few minutes ago, I was reminded of what a pity it is that these analyses were not available before 23 June 2016.

[Hannah Bardell]

Does my hon. Friend agree that the Government and those in the leave campaign had a moral and an ethical duty to do this work and to give a proper timescale, as we called for at the time of the Brexit debate? Does he think that the assessments were not published because the Government are scared of the truth or because they would not fit on the side of a bus?

[Peter Grant]

I suspect that it may have been all the above and more reasons besides.

Is it not ironic that yet again, in response to a decision that was supposed to restore sovereignty to Parliament, for those who believe in such an idea, it now appears that even the Parliament that exercises sovereignty on behalf of Her Majesty does not have the right to instruct the Government to make representations to Her Majesty on our behalf? We can ask, and the Government can simply ignore—well, they cannot ignore, but they can say, “No, we’re no’ doing it,” which apparently is not the same as ignoring. What an utter shambles of a way to run a sweetie shop, never mind a country.

I have been a very long-standing supporter of open government and freedom of information. I remember as an opposition SNP councillor being in the strange position of enthusiastically supporting legislation proposed by the then Labour-Lib Dem coalition in the Scottish Parliament against complaints from Labour councillors that it would somehow undermine the working of the council. I believe that improved public availability of information always leads to better government. Occasions when information needs to be restricted, or some information needs to be redacted, should be seen very much as the exception rather than the rule.

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[John Redwood]

What we need to do is to have a proper debate on the sectoral impacts and look at the many positives, so that Opposition Members can debate in the way I am and talk about the opportunities for our country and the way our economy can be better, rather than continue in the depressingly negative way they always do, where they are desperate to find some bad information. They have come up with two things at the moment, which are clearly misleading, but they are constantly repeating them. First, they say that planes will not fly in April 2019, after we have left, without a special agreement and sending lots of money to the EU. I was very pleased the other day to see that Willie Walsh of British Airways made it very clear, in his professional view, that the planes will fly—and of course they will. There is no way Britain is going to stop German, French and Spanish planes coming into UK airports the day after we have left the EU, even without an agreement, and in turn they will not want to stop our planes going there, with our tourists and with the people who want to go and spend money in their country.

[Hannah Bardell]

rose—

[Chris Bryant]

rose—

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[Anna Soubry (Broxtowe) (Con)]

I rise to support the motion. I hope that the motion is put to the vote and I shall be walking through the Lobby in favour of it. If the Minister and the Government are not prepared to be bound by the terms of the motion, I gently say to them that we are not messing about here any more. This is grown-up, serious stuff. This is no longer a debate on the fringes of politics, where people can follow long-held ideological dreams they have had for decades. The country has voted— 52% of those who voted voted to leave the EU—and people like me accept that we are going to leave the EU. But I am not going to stand by and see the future of my children’s generation and the grandchildren I hope will follow being trashed and ruined without any form of debate and disclosure as to the consequences and, arguably, the options that might be available as disclosed in all these documents that cover so many sectors in so many ways.

So this is grown-up, serious stuff. I say to Members on this side that the days of carping from the sidelines have gone. I say to them: “You’ve won; you’re in charge of this; now you have to face up to the responsibility of delivering a Brexit that works for everybody in this country and for generations to come.” So what’s the problem? If the Government are not going to be bound by this motion, vote against it. If they abstain, they agree to it and they will abide by it. As I have said, these are serious matters.

[Hannah Bardell]

Will the right hon. Lady give way?

[Anna Soubry]

I will take the extra minute.

[Hannah Bardell]

I find myself in the strange position of agreeing with everything the right hon. Lady is saying. She is making a very sensible and rational speech. Does she agree that the irony is that some of our colleagues who so seek to have a sovereign, more powerful, more transparent Parliament are, by not agreeing to the result of this motion, damaging democracy and the ability of Parliament and those who sit in it to do their jobs?

[Anna Soubry]

I agree. Let us be clear: this debate has always crossed the political divide. Many in the Labour party supported leave and many Conservatives supported remain. This transcends the normal political divide. I agree very much with the hon. Lady.

Let me explain why it is so important that we know what is in these documents. I am getting a bit of a feeling here. I rather take the view that there might be stuff in these huge impact assessments that perhaps hon. Members on this side do not want to put out into the public domain. They can and should redact every piece of commercially sensitive material in the documents, and anything that could undermine the security of our country should also be redacted. However, I am getting a rather strong feeling that, if the Government were to say that, whatever the options might be for the final deal, everything in this wonderful new post-Brexit world that awaits us was going to be brilliant and rosy, those Members who favour no deal would be the first to stand up and say to the Government, “Disclose these impact documents! Let the people see what wonders await them in this wonderful new post-Brexit world.” So what’s the problem?

I must say to my right hon. Friend the Member for Wokingham (John Redwood), as he represents all those fishing men and women who live in his constituency: how on earth can he say that we should not disclose all these documents because that would undermine the negotiations if he has not seen them—or even some form of summary of them—in the first place? The implication is quite clear: there is something in them that is not to be disclosed because it might actually prick this golden bubble, this balloon, that is the promised land of Brexit. My constituents are entitled to know the consequences of the options that are available to this Government as they negotiate the transition and then, most importantly, the final deal. My constituents are concerned about their jobs, and so are the businesses in my constituency.

Oral Answers to Questions

Hannah Bardell Excerpts

Thursday 7th September 2017 Commons Chamber

[Mr Baker]

I am very grateful for that detailed question, and I look forward to answering the hon. Lady in writing.

[Hannah Bardell (Livingston) (SNP)]

5. What recent assessment he has made of the potential effect on (a) the economy and (b) employment levels of the UK leaving the EU without a deal.

[The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Steve Baker)]

A future partnership between the UK and the EU is in the interests of both sides, and I am confident that we will secure a good deal for the UK as a whole. A responsible Government, however, should prepare for all potential outcomes, including the unlikely scenario in which no mutually satisfactory agreement can be reached. The Government are undertaking a comprehensive programme of analytical work across a range of scenarios to assess the economic impacts of exiting the EU. As the House has agreed twice, however, we will not be publishing any information that would prejudice our negotiations.

[Hannah Bardell]

The CBI president, Paul Drechsler, has said that the implications of falling back on to World Trade Organisation rules and a no-deal scenario would open up a

“Pandora’s box of economic consequences”

and that the UK could face tariffs on 90% of its EU exports by value. Will the Minister reassure business, therefore, that the UK will not walk away from these negotiations with no deal?

[Mr Baker]

It is our intention to do what is in all our interests—the mutual interest of all the nations of the EU and the UK—which is to secure a deep and special partnership, including a broad and deep free trade agreement, and I look forward to doing so. I think, however, that the WTO is one of the great achievements of liberalism against the forces of economic nationalism, and I look forward, in whatever circumstances we leave, to the UK playing the fullest part in the improvement and development of the WTO.

Oral Answers to Questions

Hannah Bardell Excerpts

Thursday 27th April 2017 Commons Chamber

[Mr Davis]

My hon. Friend is dead right. The financial sector in London is, of course, the largest, but it is not the only one that is important. We should not forget that Scotland has a major financial sector. All the Ministers in my Department, the relevant Ministers in the Treasury, and, when appropriate, the relevant Ministers in the Department for Business, Energy and Industrial Strategy have been in constant communication with the whole sector, with all the representative groups in the sector and, indeed, with a large number of companies in the sector.

To give him his due, I have also received representations from Sadiq Khan, the Mayor of London, and have had very useful conversations with him. He has had the grace to recognise that we in the Government also have the best interests of London at heart.

[Hannah Bardell (Livingston) (SNP)]

What kind of deal does the Secretary of State think he is likely to get if he and the Government refuse to pay their dues in Europe? Surely negotiations are about give and take.

[Mr Davis]

It is interesting that the Scottish National party wants to give €60 billion; I had not realised that up until now.

Oral Answers to Questions

Hannah Bardell Excerpts

Thursday 9th March 2017 Commons Chamber

[Roger Mullin (Kirkcaldy and Cowdenbeath) (SNP)]

11. Whether the Government plan to refer to the recommendations of “Scotland’s Place in Europe”, published by the Scottish Government on 20 December 2016, in their notification to the European Council of the invocation of article 50.

[Hannah Bardell (Livingston) (SNP)]

14. If the Government will respond to “Scotland’s Place in Europe”, published by the Scottish Government on 20 December 2016, before invoking article 50.

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

I am going to get the hang of this, Mr Speaker. I ask to group questions 11 and 14. In a few years, I will get used to this place—then I will retire.

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[Mr Davis]

Many trade negotiators have been recruited, particularly by the Department for International Trade. I recommend that the hon. Gentleman raises the question with that Department, because it has been very busy at that in recent months. The simple truth is that the British Government share the hon. Gentleman’s aims for his constituents and for the people of Scotland—namely, we want the best possible deal, which will be best for the Scottish economy, for Scottish business and, most of all, for Scottish people.

[Hannah Bardell]

Following on from the question of my hon. Friend the Member for Kirkcaldy and Cowdenbeath (Roger Mullin), I am glad to inform the Secretary of State and, indeed, the House that an STV poll shows that support for independence has gone up to 50:50. Given the Secretary of State’s intransigence and his Government’s determination for a hard right-wing Tory Brexit, which way does he think that poll will tip as he continues in his intransigence?

[Mr Davis]

First, I do not recognise the phrase “hard Brexit” or, for that matter, “right-wing Tory Brexit”. Secondly, I am not a great believer in polls when it comes to referendums; they do not exactly work very well. If the hon. Lady wants to go with polls, perhaps she should go with the poll of the Scottish people, who say they do not want another referendum.

European Union (Notification of Withdrawal) Bill

Hannah Bardell Excerpts

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

[Joanna Cherry]

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

[Hannah Bardell (Livingston) (SNP)]

On equality and protection, does my hon. and learned Friend agree that what we have seen since we were elected to this place does not fill us with any hope that this Government, when they have their great power grab, will uphold the protections that the EU has brought? We will fight for our citizens’ rights.

[Joanna Cherry]

I agree with my hon. Friend. That concern is shared by Members of many parties in this House. We support any amendments that would underline the social aspects of the EU. For example, new clause 166 centres on the rights of young people, who benefit so much from the important ability to live, work, travel and study across Europe. Of course, the SNP fought for 16 and 17-year-olds to get the vote in the referendum, but that was not to be. Perhaps the result would have been different if it had been allowed.

Later today, we will vote on amendments carried over from earlier in the week, including the SNP’s new clause 27, which would protect the rights of EU nationals. I think that the widely shared view in the House is that we ought not to trigger article 50 until we have given EU nationals living in the United Kingdom some assurance on their rights. Furthermore, the Exiting the European Union Committee has received evidence from representatives not only of EU nationals in the UK, but, perhaps more importantly for some Members, of UK nationals living abroad. The witnesses felt that a unilateral declaration of good will from the British Government—who, after all, caused the problem by holding the referendum and allowing the leave vote to happen—to guarantee the rights of EU nationals in the United Kingdom would be met by a reciprocal undertaking from other member states, as opposed to using individual human beings as bargaining chips. [Interruption.] If the right hon. Member for Hitchin and Harpenden (Mr Lilley) wants to intervene I will be happy to take that intervention, but he obviously does not; he just wants to shout at me from a sedentary position.

Finally, before Second Reading, I raised a point of order about the Secretary of State’s statement on section 19(1)(a) of the Human Rights Act 1998. He said that, in his view,

“the provisions of the… Bill are compatible with the Convention rights”.

I am not usually in the habit of giving out free legal advice, but I am happy to do so on this occasion. If the Bill proceeds and we trigger article 50 without taking any steps to protect the rights of EU nationals living in the UK, the British Government could find themselves facing a challenge—and possibly claims—under the Human Rights Act on the Bill’s compatibility with articles 8 and 14 of the European convention on human rights. I know that many Government Members do not have any great affection for the ECHR, but when we exit the EU we will still be signatories to the convention and the British courts will still be bound by it. I offer the Government a helpful word of warning: if they want to save taxpayers’ money, they might want to think carefully about addressing that issue before they are met with a slew of legal claims.

European Union (Notification of Withdrawal) Bill

Hannah Bardell Excerpts

2nd reading: House of Commons
Wednesday 1st February 2017 Commons Chamber

[Hannah Bardell (Livingston) (SNP)]

Benjamin Franklin famously said that if we fail to plan, we plan to fail. That is exactly what this Tory Government have done over Brexit, leaving this supposedly equal family of nations with a very stark choice. If you will indulge me, Mr Speaker, I want to pay tribute to Irvine Welsh, Danny Boyle and Ewan McGregor, because I saw “T2 Trainspotting” recently and it inspired me. Choose Brexit. Choose making up numbers from thin air about the NHS and plastering them on the side of buses. Choose racist and xenophobic sentiments seeping out from some corners of the leave campaign. Choose hate crime rising by more than 40% and LGBT hate crime rising by more than 150% in England and Wales following the Brexit vote. Choose taking the people of our nations to the polls on one of the most important issues in a generation with nothing written down and no plan. Choose ignoring the interests of the people of Scotland and my constituents in Livingston, despite the fact that they voted overwhelmingly to remain in the EU. Choose leaving the single market, risking 80,000 Scottish jobs within a decade and costing the people of Scotland an average of £2,000 a year in wages. Choose lowering Scotland’s GDP by more than £10 billion and Scotland’s exports by more than £5 billion. Choose vital EU worker status being under threat, with widespread uncertainty to families, businesses and the economy. Choose risking our international standing in the academic, research and innovation communities as we lose access to funding, expertise and people from the EU. Choose walking away from the European Medicines Agency and Euratom without any detail or thought of the impact. Choose the great Brexit power grab, taking back control of straight bananas. Choose returning to the Thatcher era of poverty and austerity. Choose the UK turning its back on Europe.

Those are not the choices that the Scottish people made. Scotland chose differently. Scotland chose to look outward, to face the world and to embrace the EU and all the protections and advantages it brings. Scotland chose life in the European Union, not a hard Tory Brexit. This Tory Government must respect that.

Conservative Members quoted Churchill, saying that this could well be the end of the beginning of the Brexit process. If they do not respect the democratic will of the Scottish people to remain in the EU, it will be the beginning of the end of this disunited kingdom.

Oral Answers to Questions

Hannah Bardell Excerpts

Thursday 26th January 2017 Commons Chamber

[Mr Jones]

My hon. Friend is entirely right. Rather than talking down British manufacturing industry, we have a duty to point out the benefits that will flow from Brexit. There is a world out there and we should be seizing the opportunities.

[Hannah Bardell (Livingston) (SNP)]

My constituency was built on manufacturing and many Livingston companies rely on EU workers. What can the Minister do to assure me, the companies in my constituency and those workers that they will be able to stay and work in Livingston and Scotland?

[Mr Jones]

The issue of EU residents in the UK—and, similarly, the issue of British residents in the continuing European Union—is one that we believe should be settled very early in the negotiations. I can tell the hon. Lady that I have already discussed this issue with ministerial counterparts, and they agree that it is a priority.