European Union (Notification of Withdrawal) Bill

James Heappey Excerpts

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

[Paul Blomfield]

Yes, I do agree; my hon. Friend makes a very important point. I press Ministers to give greater clarity on their intentions, because the Secretary of State has so far been ambiguous.

[James Heappey (Wells) (Con)]

Will the hon. Gentleman give way?

[Paul Blomfield]

No, I will not. I should respond to Mrs Laing’s appeal for us to make progress.

It has been suggested that the Government’s reservations about Euratom stem from the fact that the European Court of Justice is the regulatory body for the treaty. If that is so, their obsessional opposition to the Court of Justice leads them to want to rip up our membership of an organisation on which 21% of UK electricity generation relies and that supports a critical industry providing 78,000 jobs; that number is projected to rise to 110,000 by 2021. That membership led to us hosting the biggest nuclear fusion programme in the world in Culham.

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[Kit Malthouse]

rose—

[James Heappey]

rose—

[Paul Blomfield]

I was providing the opportunity to those who can make a useful commitment. Their silence says everything.

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[Caroline Lucas]

I am not going to pick out any one particular party for filibustering. I am afraid that it is an epidemic that affects this whole place, and I would love to see it end. I do, however, want to talk about precisely that kind of evidence that the Environmental Audit Committee heard.

One almost believes that it is precisely the complexity demonstrated when evidence is given about the environmental impacts of Brexit that explains why Conservative Members do not want to hear about it. Such complexity underlines to them the fact that this Brexit process is not going to be done and dusted in two years. The idea that we will have a whole new trade agreement in two years is cloud cuckoo land; anybody with any knowledge of this issue would certainly say that now.

[James Heappey]

Will the hon. Lady give way?

[Caroline Lucas]

No, not at the moment; I want to make a bit more progress.

As many Members have noted over the last few days, the protections currently guaranteed by our membership of the EU—whether it be on the environment, workers’ rights or food safety—rely on an established and robust system of monitoring and enforcement provided by EU institutions and agencies. Perhaps the most important part of this system has been precisely the strong pressure to implement the law within a specified timescale.

The incentive to adhere to the law arises from the monitoring and enforcement role of the EU agencies. The Commission acts as the guardian of the law and responds to legitimate complaints; serious breaches are referred to the European Court of Justice; and sanctions can follow, including fines of many hundreds of millions of pounds. It is exactly that enforcement mechanism that we are going to lose as a result of Brexit. Although the Government talk about moving across lots of this legislation in the great repeal Bill, the enforcement processes and the agencies that make sure that this stuff gets done do not get automatically transferred.

[James Heappey]

The hon. Lady and I share an enthusiasm for the greater deployment of renewables within our energy mix, so does she agree with me that one of the protections that the EU also affords is the protection of the German solar photovoltaic manufacturing sector, which is inflating prices for PV cells in the UK because the EU has put in place the minimum import price on those cells from China?

[Caroline Lucas]

I do not support that decision, but the idea that we should go down the road of leaving the EU, with all the problems that are going to arise, which would cause much greater damage to the environment, simply because we do not agree with one or two key decisions really is the definition of someone throwing their toys out of the pram. That is not a sensible way forward.

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I turn to new clause 193, tabled by my right hon. Friend the Member for Birmingham, Hodge Hill. You are, Sir Roger, the leader of the UK delegation to the Council of Europe. I am sure Members will be aware of the different media reports on the Government’s view of the European convention on human rights, so I hope that the Minister will accept the new clause to dispel, once and for all, any doubts about the Government’s view of the Council of Europe and the convention. The Prime Minister said that we need to be a good neighbour to other European countries; accepting the new clause would be a way to illustrate that. We must not vacate such global platforms and we need to continue to have a voice in Europe, so I hope the Minister will accept the proposals I have outlined.

[James Heappey]

I, too, will try to be brief. Like many colleagues, I voted to remain, but I was clear at the time that I would be bound by the result in both my constituency and the country. The result in the Wells constituency was that we should leave, as it was in the country at large, so that is what we must do.

I am baffled by the number of amendments that have been tabled to the Bill, not because they lack value or do not make good points about our extraction from the EU—they obviously do—but because, as the shadow Secretary of State for Exiting the European Union, the hon. and learned Member for Holborn and St Pancras (Keir Starmer), rightly said on Second Reading, primary legislation will follow the triggering of article 50, and both Houses of Parliament will have an important role in scrutinising that legislation and what we do in the negotiations. I certainly intend to play a full part in that scrutiny, as I know will Opposition Members.

Earlier, we were discussing the impact of free trade agreements, particularly on our farmers. It stands to reason that when free trade agreements are introduced, they, too, will be scrutinised by the House, so the interests of the farmers and food producers in our constituencies can be brought to bear then to ensure that the deals are in their interests.

I associate myself with the comments made by so many colleagues about the rights of EU nationals to remain in the UK. In Somerset, people from elsewhere in the EU play a huge part in our local economy, particularly in our tourism, farming, and food and drink manufacturing industries. It is inconceivable to me that they would ever have their right to be here taken away.

On Euratom, Hinkley Points A and B are in the neighbouring constituency to mine, and we will soon be the neighbour of Hinkley Point C, too. It is clear to me that the UK nuclear industry has a world-class reputation for having the very highest regulatory standards. Those standards have been developed within the Euratom framework, but we should be clear that the United States, Japan and China also operate within that framework, without being members of the European Union. I fully expect that we will do the same when we have left Euratom by virtue of our leaving the European Union.

Those who have expressed any doubt that the Government will seek to continue to maintain the highest safety standards in our nuclear industry are perhaps not giving them the credit that they deserve. We have always set those standards, and we will always do so whether or not we are in the EU and Euratom. As for the willingness of other nations in Euratom to want to continue to co-operate with us, I am certain that they will. The French Government are very heavily invested in EDF, and it is inconceivable that they will not want their operations here in the UK to remain a part of the common regulatory framework across the European continent.

The Government have rightly committed to working with the industry and with all the nuclear research bodies in the country to make sure that they fully understand what the priorities of that sector are within the UK, so that those needs can be met with whatever it is that we put in place once we have left Euratom.

The UK’s nuclear industry is the gold standard globally. Many countries want their technologies to be employed here so that they can have the tick to say that their technologies have been approved for operation in the UK. It is apparent to me, therefore, that, as we put in place regulatory standards in the future, we will want to maintain that high standard and our great reputation around the world. Crucially, this House of Commons will have an important role in that.

My final point on energy policy generally is to encourage the Government to clarify that they see a clear distinction between the EU single market and the EU single internal energy market. From the perspective of security of supply, of cost and of decarbonisation, it is in our interests—

[Helen Goodman]

The hon. Gentleman is making a very good point now. In fact, it is exactly the point that I would have made had I been called. He is absolutely right. Does he agree that, if we leave the single energy market and lose the interconnectors, we will need higher baseload capacity, which will cost more, and electricity prices will shoot up?

[James Heappey]

I absolutely agree that, from an energy perspective, the interconnection of the UK and the European mainland is hugely important, but my point is that that is not a part of the EU single market. The EU’s internal energy market is a separate entity. I invite the Government to clarify that they recognise that and that their commitment to leaving the European single market, which I fully understand, is distinct from a continued enthusiasm for the internal energy market, which is an entirely separate thing and hugely to our benefit.

The will of my constituents and our country is clear: we have been instructed to leave. It is not what I voted for, but it is what we will do now. The process starts with this binary decision of whether or not to trigger article 50. The Bill, without amendment, does exactly that. As we go forward, the role of this House and our responsibilities to our constituents are clear: we must engage fully in scrutinising all the legislation that comes forward as a result of the negotiations. Those who have suggested that to not amend the Bill now is somehow an abdication of our responsibility to our constituents are just wrong. Our responsibility as a House is to be bound by the result of the referendum to trigger article 50 and then to bring all of our expertise together in scrutinising the legislation that follows, as we do on all other legislation.

[Liam Byrne]

It is a pleasure to serve under your chairmanship, Sir Roger. I want to speak to new clause 193, which is in my name and the names of my hon. and right hon. Friends. I tabled it in the hope that the Minister would take it on board. I want to give the Government a chance this afternoon to set out their pro-European credentials.

As my right hon. Friend the Member for Doncaster Central (Dame Rosie Winterton) so eloquently put it, the Prime Minister has said that, yes, we may be leaving the European Union, but that we intend to be good European neighbours. New clause 193 is an opportunity for the Government to set out how we, in this country, will remain determined to stay a member of one of the most important European clubs, the European club that we helped to found—the Council of Europe, the European convention on human rights and the European Court of Human Rights.

We moved the new clause because one of the most significant consequences of this divorce from Europe is that we will leave the European Court of Justice. Indeed, an important part of the leave campaign’s argument was that we must escape from the tutelage of these terrible European judges and that only British judges are good enough for us—unless, of course, they happen to want to give this Parliament a chance to debate this Bill, in which case they instantly become enemies of the people.

This idea that foreign judges are anathema to this place is, of course, complete fiction. This very afternoon, the Government have solicited our support for CETA—the comprehensive economic trade agreement—replete with the new investor state dispute mechanism, a new court populated not with British judges but with foreign judges. The idea that foreign judges are about to be removed or extracted from the body politic in this country is nonsense, and that is why I think we must argue that one of the most important tribunals that oversees the law in this country should remain in place. That court is the European Court of Human Rights.

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[Sue Hayman]

I would like to speak to new clause 192, to which I have added my name, about Euratom. A number of Conservative Members have spoken with great knowledge about the nuclear industry today, and as chair of the all-party group on nuclear energy I invite them all to join us and to come to our meetings to share their knowledge.

The nuclear industry is critical to my constituency in west Cumbria. Because of that, I have probably had an unusual inbox compared with most hon. Members, in that I have had a large number of direct emails from concerned constituents about the proposed withdrawal from the Euratom treaty. Those constituents are particularly concerned because of the significant negative impact that withdrawal could have on the nuclear industry in the UK. They believe it unnecessary and ill-considered, and are concerned that it will create great disruption in the nuclear industry at a time when we really need to be pressing forward with our nuclear new build programme.

Euratom has had a significant role in establishing its members’ credibility and acceptability in the wider global nuclear community. A constituent has contacted me to say that he believes that exiting will have a significant impact on the cost and the duration of decommissioning, which is of course very important in west Cumbria because of Sellafield. They also believe that the nuclear new build programme at Moorside will be impacted. EDF Energy, which is building the Hinkley Point C project, has said that it believes that ideally the UK should stay in the treaty, as it provides a framework for complying with international standards for handling nuclear materials.

On the issue of safety and materials, another constituent, who worked for very many years as a radiation protection adviser, has been in touch to share his concerns. He has wide experience of applying regulatory controls in workplaces including hospitals, the oil and gas industry, paper and plastics manufacturing, radiography, and the nuclear industry. He says that every one of these is considerably safer today as a result of Euratom—so this is not just about the nuclear industry directly. He goes on to say that he believes it is extremely short-sighted to remove the wealth of information and expertise that has resulted from our membership of Euratom.

[James Heappey]

The hon. Lady and I share a real enthusiasm for the nuclear industry and host it in or near our constituencies. How, specifically, will our withdrawal from Euratom lead to a diminishment of our expertise in how to regulate the nuclear industry?

[Sue Hayman]

I am talking about what constituents who actually work in the industry are telling me. To be honest, I would trust the judgment of my own constituents. In an intervention, I mentioned a constituent who works at the National Nuclear Laboratory, who says that leaving will impair his ability to collaborate with leading scientists and engineers across Europe, to the detriment of science and technology in this country. This is what my constituents are telling me. The hon. Gentleman can choose to disbelieve them—I do not. I trust my constituents.

I do not understand why, when we have conflicting legal opinion on why we have to leave, the Government are insisting so much that we have to. We need to make sure that a rapid exit does not do serious harm to our nuclear industry. We have so much to lose, with so little to gain. I therefore ask Members to support new clause 192.