Article 50 Extension

James Heappey Excerpts

Wednesday 20th March 2019 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

It is a genuine privilege and pleasure to follow the right hon. Member for Putney (Justine Greening), who just made an outstanding speech about the state we are in. Let me just add that for sheer chaos, the past 24 hours will take some beating when the annals of Brexit finally come to be written. Should we be entirely surprised, as a House? I do not think so, because it is consistent with a pattern of behaviour that dates right back to the first days after the referendum result. We know that the House has had to persuade, cajole and push the Government, at every single stage, to listen to our views and votes as Members of the House of Commons. One consequence of their refusal to do so is that there is a terrible lack of trust in the Government and their intentions and processes. We need trust if we are going to make progress, because at the moment we have absolutely no idea where we are heading.

I wish to say three things about the priorities for the House of Commons and for the country. Priority No. 1 is that we must achieve an extension to article 50, which is why we voted against leaving with no deal on Wednesday last week, and why we voted in favour of requiring the Government to make an application for an extension to article 50 on Thursday last week. If we do not get an extension, we will leave with no deal in nine days. We can move whatever statutory instruments we like in this place, but we prevent a no-deal Brexit only if, on the one hand, we have changed the law in the European Union (Withdrawal) Act 2018, and on the other hand the EU agrees to grant an extension. In other words, the two have to come together at the right moment to guarantee an extension. We will all have paid careful attention to what we have read on our phones about what Donald Tusk had to say about a short extension being dependent on a positive vote on the withdrawal agreement next week. I only hope that what he did not say about an alternative extension being available is in his mind if the House decides that it will not vote for the deal if it comes back.

[James Heappey (Wells) (Con)]

Does the right hon. Gentleman agree that, in the light of what President Tusk has just said, it would be remiss of the House not to consider the deal another time next week, given that he has encouraged us to do so and made it clear that an extension is conditional on our having considered it again?

[Hilary Benn]

I can only presume that Mr Tusk is trying to encourage Parliament and the country finally to come to a decision. As the hon. Gentleman will be well aware, there is great frustration on the part of the EU. At a recent meeting with members of the Select Committee, Michel Barnier said that what we do not really need now is more time. What we need, he said, were some decisions. I would express that frustration at the Government, because the story of this sorry tale that has brought us to our present condition is one of an unwillingness to take real decisions about the future choices that we face as the fantasies of the leave campaign have collided harshly with the reality of the past two and three quarter years. If the Government had been willing to make those decisions, then perhaps they could have been able to command a majority in the House.

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[James Heappey (Wells) (Con)]

It is an honour to follow the hon. Member for Leicester West (Liz Kendall). I share much of the frustration expressed on both sides of the House. We are all frustrated by the lack of progress. We are all frustrated that we are sat here having another emergency debate about Brexit because we have not got exactly the right outcome we all wanted. We are frustrated that the arguments are not advancing. We are frustrated that in the national press this place is being portrayed with increasing vehemence. We are frustrated that the Government are not saying exactly what we want when we want. I share all those frustrations. Today alone on my Twitter feed, I have been called a traitor by Brexiteers and an absolute idiot and a failure by remainers. That is our world right now, and we all want to get out of it—of course we do.

I understand that I am accountable to my electorate back in Somerset and that the decisions I take here will be judged come the next general election. I understand it is my responsibility to weigh up all the options presented to us in this place and to reconcile them with the interests of my constituency, with what my Government and party advise us to do, with the manifesto I stood on and with how my constituency and the country voted. I understand all those things and I am constantly triangulating to do what I believe to be the right thing. It strikes me, however, that what I think is the right thing is changing all the time, because the circumstances are changing all the time. Our decision-making process on Brexit is iterative. Being asked the same question again and again is not a problem, providing we might be inclined to make a different decision, and the evidence so far is that people are.

I would say exactly the same, by the way, about the questions already put in this place on no deal, a second referendum and a customs union. The Library has been digging out the detail for me this afternoon. All those questions have already been put and decided upon, but it is not a problem that we should want to consider them anew if next week we decide against the deal, although I hope we do not, as I continue to believe it is the pragmatic and sensible way forward. That said, surely nobody in the House can say that as circumstances change we should not reconsider. They have changed significantly this afternoon with President Tusk’s statement that a short delay is only an option if the House decides in favour of the withdrawal agreement. That is a seismic change in circumstances that warrants another meaningful vote next week on the deal. Nobody can say, however, that we should reconsider a second referendum, a customs union or any of the other things on which we have already voted, and then say we should not extend the same right to the deal.

The one thing the House is united on—I suspect you included, Mr Speaker, having seen the clip of you being followed across the road by journalists the other day—is that we are all very bored of being asked the same questions and of being on the receiving end of a very frustrated British public. Next week, we have the opportunity to make a decision at last. I hope that the House has an opportunity to vote on the deal and that we vote for it, but surely we have reached the end of the road. Next week, we must finally decide what we are in favour of and then accept a short delay while the deal is enacted.

EU Withdrawal Agreement

James Heappey Excerpts

Tuesday 18th December 2018 Commons Chamber

[Wera Hobhouse]

The Secretary of State has just mentioned the political declaration last December. Clearly what was legally binding was the backstop, about which everybody is now very unhappy because the political declaration is not legally binding. The right hon. Member for Broxtowe (Anna Soubry) is absolutely right that that creates worry and uncertainty. The certainty is the backstop. The Government need to come clean and be honest with everybody—Conservative Members and the public—that the backstop is legally binding.

[James Heappey (Wells) (Con)]

At least we’re here!

[Stephen Barclay]

The hon. Lady is correct that a backstop will be required in any deal that is reached with the European Union, but as my hon. Friend the Member for Wells (James Heappey) commented from a sedentary position, on an issue of such importance to the Lib Dems, it is good that the hon. Lady—unlike any of her Lib Dem colleagues—is actually in the House to make that point with such conviction.

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[Keir Starmer (Holborn and St Pancras) (Lab)]

I thank the SNP for securing this debate and the Speaker’s Office for granting it.

It is obvious that we have reached an impasse. The Prime Minister spent two years negotiating a deal that she now knows cannot command the support of this House. I am not trying to make a point against the Secretary of State, but I think he acknowledged just a moment ago that he accepts that the deal currently before the House is not going to get the support of the House. That is therefore the position of the Prime Minister and the Secretary of State.

But rather than confront that reality, the Prime Minister refuses to put her deal forward for a vote this week, instead kicking it into the new year. The problem for the Prime Minister and the Secretary of State is that it is accepted that this deal cannot command the support of the House, but abundantly clear from last week’s EU Council that the Government cannot renegotiate the withdrawal agreement. So the one thing the Prime Minister and the Secretary of State know needs to happen for the position to change was rebuffed last week, and, at most, only non-binding “clarifications” could be possible. That is the impasse.

The President of the EU Commission said that there is “no room whatsoever” for renegotiation. The Commission spokesperson said:

“The European Council has given the clarifications that were possible at this stage, so no further meetings with the United Kingdom are foreseen.”

I do not suppose that informal meetings cannot go on, but there will be no formal meetings. I think some of us thought that there might just be the chance, coming out of last week’s summit, that there would be a further round, or a few days, of further negotiations by the teams, but that is not going to happen. The EU Council statement made it clear that the withdrawal agreement is “not open for renegotiation”.

However much the Prime Minister or the Secretary of State—for understandable reasons, perhaps—pretend otherwise, that is now the reality that we face, and that is why the vote needs to come back to this House this week. This deal cannot be changed by the Prime Minister, new negotiations are not even taking place, and we have only three months before the 29 March deadline. The Government’s response—to delay, to play for time, and to hope somehow that the deal will look more appetising in the new year—is not going to work. The reality is that the Government are running down the clock, but running down the clock is not governing, and it is certainly not governing in the national interest. Observers sometimes say to me that the Prime Minister is resilient, but this is not resilience—it is recklessness.

[James Heappey]

It might be argued that the Government are not the only part of this House to be kicking the can down the road, and that the right hon. and learned Gentleman may well have been wanting to participate in a different debate today. Is that not happening because his right hon. Friend the Leader of the Opposition is inept, or invertebrate?

[Keir Starmer]

I am sure that the hon. Gentleman will forgive me for my caution in taking advice from the Government on when the Opposition should table a motion of no confidence in the Government. Last week, I heard plenty of Conservative Members say, “Bring it on.” In the role that I currently occupy, many people on both sides of the House give me their opinions all the time, and very rarely do two people agree on the way forward.

It is wholly unacceptable to delay the meaningful vote for another month in the knowledge that there is no realistic chance of delivering material changes to this deal. Yesterday, the right hon. Member for Loughborough (Nicky Morgan) said in this House that the Prime Minister is

“asking the House to accept a deferral for several weeks of the meaningful vote on the draft withdrawal agreement, on the basis that further assurances can be agreed with the European Union, but there is nothing in what she has said today or in what has been reported from the EU Council to suggest that those further assurances are likely to be given.”—[Official Report, 17 December 2018; Vol. 651, c. 540.]

That is the problem. That is why, rather than having this debate today, the Government should be putting their deal to the House, because if that deal is defeated, everybody then needs to put the national interest first. We need to confront what the achievable and available options are and decide, as a House, what happens next in a way that protects jobs and the economy.

But what we hear from the Government is the opposite: delay over a meaningful vote, and then the distraction of no deal, hence today’s headlines about £2 billion for no-deal planning. Talking up no deal has always been misguided and, in my view, deeply irresponsible. The Treasury estimates that a no-deal outcome would mean a 9.3% decline in GDP over 15 years. It would see every region of the UK worse off. It would mean 20% tariffs on agri-foods and significant tariffs on manufactured goods. It would mean no common security arrangements in place, and a hard border in Northern Ireland. It would be catastrophic for the UK. That is why no deal has never truly been a viable option. It is a political hoax, and I think that, deep down, the Government and the Prime Minister know it. I know from personal experience how seriously the Prime Minister takes the security arrangements of the United Kingdom, and to put ourselves in a position where they would be jeopardised is not, I think, something that, deep down, she thinks could possibly be acceptable for this country.

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[James Heappey (Wells) (Con)]

It is a pleasure to follow the impassioned speech of the hon. Member for Edinburgh East (Tommy Sheppard).

We are having an emergency debate on matters that are presumably of great importance and urgency, otherwise it would not be an emergency. Yet, having spoken in the Standing Order No. 24 debate roughly this time last week, one has to conclude that we seem to be having exactly the same discussion today as we had last week. It is therefore rather hard to understand exactly how this is an emergency. I suppose this debate was the insurance policy. One cannot blame SNP Members for seeking it, because I suspect they had their doubts about the ability of the Labour Front Benchers to put forward the motion that we thought we were all going to be debating today.

As I asked the Secretary of State earlier—he blushed and declined to answer—it is not quite clear whether it was the ineptitude or the invertebrateness of the Leader of the Opposition that led to the SNP motion being preferred over the official Opposition’s. But here we are, effectively having exactly the same debate that we had last week—yet more time in which we are chewing over exactly the same issues as we have been for hour after hour over the recent weeks and months.

The Prime Minister and her Ministers have spent hours in this Chamber, taking questions at the Dispatch Box. The debate on the meaningful vote was three days in. I have to admit that I caught sight of the Whips’ book while I sat near them during those three days, and every single line read, “Disagree”. The mood of the House towards the deal as it stood then was absolutely obvious. Rather than proceeding to a meaningful vote last week when it was clear that the House was against it, we went away and sought something different, and when that was not immediately achieved in last week’s summit, we said, “Okay, we’ll give ourselves the Christmas period to push even harder and see if something different can be achieved.” That seems to me to be a very rational, very sensible approach by a Prime Minister and a Government acting in the national interest.

[Ian Blackford]

The hon. Gentleman is making some important points. I suggest to him that the fact that Member after Member said that they disagreed with this deal, and that the European Union presidency has made it clear that it will not negotiate on it, means that we need to vote down this deal so that we can all come together to break the impasse. That is the point of this debate.

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[James Heappey]

It is interesting logic to say that by voting down the deal we all somehow come together. As far as I can see, the deal is the best chance that we have—it is a very long shot, I grant you—at least of a majority in this House coming together in some sort of compromise.

If the deal is no longer available, we end up with no plan being offered by the Opposition; an outright—and, in fairness, unequivocal and consistent—opposition to Brexit from the right hon. Gentleman’s party; the Liberal Democrats, who in my constituency seem to say one thing on the doorstep to one household and another to another—

[Wera Hobhouse]

indicated dissent.

[James Heappey]

I would gladly take an intervention from the hon. Lady if she could confirm today that the Liberal Democrats’ official policy is an end to Brexit and that they would like to work with the Leader of the Opposition in government to bring that about.

[Wera Hobhouse]

I am happy to intervene. We have always said that our best place is in the European Union and that anybody who wants to work with us on that aim is very welcome.

[James Heappey]

I think that my constituents in Burnham-on-Sea, Cheddar, Shepton Mallet, Glastonbury, Street and Wells can see unequivocally from what the hon. Lady has just said that the Liberal Democrats are indeed seeking an exit from Brexit and would happily put the Leader of the Opposition into No. 10 to achieve that. That is somewhat at odds with what the Liberal Democrat candidate in my constituency has been telling people. I am grateful to her for clarifying that in the short time that I have available to speak today.

I find that we are having these debates again and again and again. I did not come to Parliament to talk endlessly about Brexit, yet that is what we seem to be doing. I am not going to argue that a second referendum is undemocratic. I absolutely take the point made by the hon. Member for Edinburgh East (Tommy Sheppard)—how can it be undemocratic to keep exercising democracy? However, I see a process that would take at least a year to deliver. If it took us 348 days to take the European Union (Withdrawal) Bill through this House, there is no way that a referendum Bill would take any less time. That means a year of huge uncertainty during which time Brexit would continue to dominate the national conversation, not in any way of trying to find compromise and a solution, but with people reverting back to the binary positions that dominated the original referendum debate.

A second referendum would be a step backwards, not a step forwards. It is not an end in itself. It is not a solution to the problems that we face in this place. It is simply us saying that we are not willing to make the decision ourselves and are putting in place a process whereby others can decide because we have not got the bottle to do so. We know what are the options in front of us, and we have to make the decision. A second referendum is a soft way out that solves nothing and does nothing other than create more parliamentary process and more dominance of the Brexit debate.

We have three choices: either no Brexit, which, in fairness, many Members in this House want; no deal, which many Members in this House also want; or the Prime Minister’s deal, which at least means that we find a compromise and do not end up having to choose between two extremes.

European Union (Withdrawal) Act 2018: Statutory Obligations on Ministers

James Heappey Excerpts

Tuesday 11th December 2018 Commons Chamber

[Mr Walker]

I think the Prime Minister has been very clear that that is a political comment about the outcomes if other people were to take control. We are very clear that we will not be revoking article 50—my Secretary of State made that very clear yesterday—so it is a question of having an orderly withdrawal with an agreement, or no deal. The orderly withdrawal with an agreement is the preferable of the two options.

[James Heappey (Wells) (Con)]

It is absolutely right that you, Mr Speaker, your Clerks, the Library and the Government will want to agree on the rules arising from the legislation thus far passed, so that we can have certainty over the Brexit endgame. But that endgame is the most chaotic and uncertain scenario imaginable within the entire Brexit process, so are we not better finding common ground now so that we can support a deal and deliver Brexit for the British public?

[Mr Walker]

I wholly agree with my hon. Friend, who makes an important point. It is really important that this House now works together to ensure that we can find that common ground and improve the withdrawal agreement when it is brought back to this House.

Points of Order

James Heappey Excerpts

Monday 10th December 2018 Commons Chamber

[Christian Matheson (City of Chester) (Lab)]

Further to that point of order, Mr Speaker. Has the Prime Minister given you any indication as to whether she will be back in time to face this House at Prime Minister’s questions on Wednesday? By the sound of things, she has a pretty arduous itinerary for just one day.

[James Heappey (Wells) (Con)]

She went to Argentina for eight hours.

[Hon. Members]

Oooh!

EU: Future Relationship White Paper

James Heappey Excerpts

Thursday 12th July 2018 Commons Chamber

[Dominic Raab]

When people need to move high-skilled members of staff across borders, it is key that, no matter what the sector, we have the ability to do that. Our negotiations with the EU can of course include all sectors, and we want to make sure that where there are skills gaps, they can be plugged.

[James Heappey (Wells) (Con)]

In paragraph 138 the Government rightly commit to a continuation of the single energy market between Northern Ireland and Ireland. Rather than making a special case for Northern Ireland, may I encourage the Secretary of State to consider not leaving the Europe-wide internal energy market and instead make a special case for energy all together? That would be spectacularly boring and uncontentious, and just remaining within the internal energy market would allow us to be interconnected with Ireland as well as our friends across the channel and the North sea?

[Dominic Raab]

That is an interesting point. We set out our proposals in the White Paper, but of course if my hon. Friend would like to write to me with the details of his suggestions as the negotiations and legislation proceed, I will be happy to look at them carefully.

European Union (Withdrawal) Bill

James Heappey Excerpts

Committee: 6th sitting: House of Commons
Tuesday 12th December 2017 Commons Chamber

[Matthew Pennycook]

My hon. Friend makes a series of good points. I do not take the Government’s commitment in this policy area lightly and I do not take issue with it. What is at issue is the scope and powers of the watchdog and the timing. I share the concerns expressed by my hon. Friend and by the hon. Member for Brighton, Pavilion (Caroline Lucas) about whether the new watchdog will be up and running in time and whether it will have the powers necessary to carry out the same functions as the institutions and agencies that currently exist.

New clause 63 would ensure that robust new domestic governance arrangements for environmental standards and protections were in place before exit day. It would also ensure that the body tasked with filling the governance gap was established by primary legislation before that date and that its scope, powers, functions and institutional design were shaped by public consultation.

[James Heappey (Wells) (Con)]

Before the hon. Gentleman moves on, I am interested to understand whether the purpose of new clause 63 is a UK-wide set of policies that would apply in Scotland and Wales, which would therefore remove a competency on the application of environmental law from the Scottish Government to Westminster.

[Matthew Pennycook]

The scope of new clause 63 is for the environmental watchdog in England, as we have already said. There would have to be agreement between the devolved Administrations and the UK Government about whether they choose to take the same approach.

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[Angela Smith]

I am grateful for the opportunity to speak in this important debate. It is a real privilege to follow the right hon. Member for Loughborough (Nicky Morgan). I rise to speak primarily to new clause 18 and to new clauses 24 and 27 and amendment 124. I will also speak more broadly to a range of amendments that have been selected for today’s debate.

Clause 7, which today’s proceedings are primarily concerned with, stands as a significant extension of the powers available to Ministers of the Crown. The speech by the hon. Member for Weston-super-Mare (John Penrose) went to the heart of the debate we have had today in relation to what he called the principle of necessity. His test for whether clause 7 stands worthy to pass through to the next stage of the legislative process is, “Does it meet the principle of necessity or go beyond the test necessary to meet the principle of necessity?” I would suggest that, as it stands, the clause does not meet that test.

The right hon. Member for Loughborough made a point that my hon. Friend the Member for Nottingham East (Mr Leslie) made at the beginning of today’s proceedings: one of the key questions relating to that test is whether Members of Parliament in the future will look back at what we do today and over the next few months and determine that we gave Ministers too much power in this Bill. For me, that is one of the real questions at the heart of the principle the hon. Member for Weston-super-Mare outlined earlier.

As it stands, the only pieces of legislation safeguarded in the clause are the Human Rights Act 1998 and some aspects of the Northern Ireland Act 1998. As has been pointed out many times this afternoon, not even the Bill is safe from the hands of Ministers once enacted. As drafted, the Bill will give Ministers flexibility way above and beyond what is necessary, allowing them to create or amend any legislation on the UK statute book to mitigate any failure or deficiency in retained EU law.

I am not convinced that my constituents—even those who voted to leave the European Union—possess the sort of blind faith the Government seem to be asking for, and I certainly do not have that blind faith at the moment. Indeed, a number of parliamentarians on both sides of the Chamber clearly have significant reservations. Further, of course, I am not persuaded that such sweeping powers are necessary.

I understand that the time constraints associated with the article 50 process and the volume of legislative amendments required to implement Brexit put pressures on the Government—I totally acknowledge that. I also understand that putting all the corrections into the Bill at this stage would be entirely impractical and that the Government do require flexibility to respond to all eventualities as negotiations with the European Union take place. In that sense, the spirit of the debate today has been very helpful, and the Government have to concede that most of the contributions have been made with the intention of improving the Bill and ensuring that it works in protecting the legislation we want to transpose into UK law.

Even so, as I have said already, the powers the Bill asks for are too broadly defined and risk undermining the sovereignty of Parliament. There is a balance to be struck between giving the Government the necessary tools to implement Brexit and not forgoing parliamentary scrutiny. What the Bill proposes does not strike that balance, which is why I support new clause 24 in the name of my hon. Friend the Member for Bristol East (Kerry McCarthy), which stands as a really serious attempt to define properly the principle of necessity.

Just last year, the Brexit Secretary told the Commons Select Committee that he did not foresee any major or material changes being made by delegated legislation. If that is not necessary, what possible justification can he have for including such sweeping powers in the Bill?

In its recent report, the Lords Constitution Committee outlined a number of requirements of Bills granting Henry VIII powers. In essence, it recommended that the breadth of any powers given should be as narrow as possible, which is clearly not so in this case. This point is furthered by the Supreme Court justice, Lord Neuberger, who says that

“the more general the words used by Parliament to delegate a power, the more likely it is that an exercise within the literal meaning of the words will nevertheless be outside the legislature’s contemplation.”

In other words, the broader the powers given, the more likely that, if exercised, litigation will follow. That point was made very powerfully by the right hon. and learned Member for Beaconsfield (Mr Grieve), and the Government do need to respond to it.

In their March 2017 White Paper, the Government said that their proposed procedures represented

“the beginning of a discussion between Government and Parliament as to the most pragmatic and effective approach to take in this area.”

I am afraid that so far, despite the concessions made, we have not got there. There are issues relating to the scope of the Bill that have been very clearly articulated today. Amendment 392, accepted by the Government, represents progress, but it does not go far enough because it deals only with part of the problem.

Triage is fine, but at the end of the day the scrutiny process does not allow Parliament to amend or send back a statutory instrument for further consideration by the Government. That is a real weakness in the scrutiny system that must be addressed, as the right hon. and learned Member for Beaconsfield said. That is why I support new clause 18, which gives Parliament the chance to look properly and in depth at what is needed to ensure that Parliament has proper powers of scrutiny over the delegated legislation process in relation to this Bill. The Hansard Society report gives us a really good start in that process. The Government have no need to be alarmed about new clause 18. This can be done reasonably quickly, and Parliament has the right to expect it.

The hon. Member for Brighton, Pavilion (Caroline Lucas) is not here to speak to her new clause 27, which is a shame, because the environment is at the very heart of the Brexit process, yet so far it has been fairly peripheral to the debate. If we are going to get Brexit right, the Government need to understand that environmental standards are the one thing that matters to every citizen in this country. Everybody who voted in the referendum, whether leave or remain, will expect the Government to maintain environmental standards at least to the level where they are now.

[James Heappey]

The hon. Lady says that the environment has been peripheral to the debate so far. I am sure that she will have seen the comments from the chief executive of Greener UK and the enthusiasm of that organisation regarding the debate that we had in this Chamber one evening two weeks ago when we spent four hours debating the environmental parts of the Bill.

[Angela Smith]

The test of whether the Government are committed to maintaining environmental standards—and indeed to improving them, as the Secretary of State continually tells us—will be whether their approach to our future outside the European Union allows those environmental standards to be maintained. If we fall back on World Trade Organisation rules, it will be extremely difficult for this country to maintain environmental standards at the level we enjoy now.

The Environment, Food and Rural Affairs Committee is currently looking at this issue. People in every single aspect of the agricultural sector—whether beef, lamb, poultry, pork, cereals or grain—have said that if we fall back on WTO rules, environmental standards may have to fall because we will lose our competitive edge and we will not be able to compete within that scenario. Environmental standards are not being taken seriously enough by the Government.

It is all very well for the Secretary of State to make populist claims about what he wants to achieve—when, indeed, what he was claiming he had already achieved has not been delivered—but he has to put his money where his mouth is. He cannot be a hard Brexiteer and a champion for environmental standards. The two are completely contradictory. [Interruption.] The hon. Member for North East Hampshire (Mr Jayawardena) can shake his head, but every sector in the economy is making this point.

The chemicals industry wants to stay within REACH, as does the water industry. Every major industry in this country likes the environmental standards that we enjoy now and wants to maintain them but worries about the impact on our environmental standards of not having a deal and not staying in the single market. It is all very well to live in a wonderful cloud cuckoo land and think that we will continue to enjoy in future everything that we have got now and that we will be able to do trade deals across the world, while ignoring the reality that we live next door to the European mainland. I do not know whether the hon. Gentleman thinks we can deliver that, but those on his side of the argument have so far failed to tell us how we will do so.

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[The Temporary Chair (David Hanson)]

Order. Before I call the next speaker, I remind hon. Members that we are just over an hour away from the knife, and I still have 11 hon. Members seeking to catch my eye. Time will have to be very limited if all hon. Members are to get in.

[James Heappey]

It is a pleasure to serve under your chairmanship, Mr Hanson. I wish to speak about the many amendments that concern environmental regulation, specifically new clause 27, amendment 104 and new clauses 62 and 63. Like many other speakers, I have received some excellent briefing material from Greener UK, which encapsulates the ambitions of many in the non-governmental organisation community, and I would like to thank it for the enthusiasm with which it has engaged with colleagues on both sides of the House. It has made an excellent effort in seeking to make very clear what it expects. It is clear also that there is a consensus about what we are trying to achieve. There is just a slight disagreement about how exactly to legislate for it.

I hope that hon. Members on both sides of the House, irrespective of what they think should be done to the withdrawal Bill, would congratulate the Environment Secretary on the excellent commitments he has made in recent weeks. They have shown very clearly that the ambition for environmental regulation after Brexit is not merely to maintain the status quo, but to take UK environmental regulation further. That is great news.

We also want the environmental principles enshrined in UK law. We debated that point at length the other week, and there was some satisfaction that that was indeed the Environment Secretary’s intent for the Bill he will bring forward. I agree with my near neighbour, the hon. Member for Bristol East (Kerry McCarthy), that it was a shame that Hansard could not record his nodding during the speech of my right hon. Friend the Member for West Dorset (Sir Oliver Letwin), but there is no doubt that those of us in the Chamber clearly saw his acquiescence to the requests being made.

[Kerry McCarthy]

I think Hansard did record that the Environment Secretary nodded his assent, but I am not entirely sure that he knew what he was nodding his assent to.

[James Heappey]

For those of us with an environmental mindset, there is a temptation—and I may say more about this later—to think that it is almost too good to be true that the Environment Secretary should sit there and, quite unequivocally, nod to all those requests. People are not quite willing to accept that it is true, but I am not sure that the things that my right hon. Friend has been saying about environmental matters in recent weeks should do anything to discourage us from believing that it is. He really has been setting the pace.

The non-governmental organisations have raised a number of matters. I agree with what they are saying, but I also believe that what we are already doing in the Bill and—much more importantly—our commitments beyond it will meet their expectations. Their concern about the governance gap is entirely justified. There needs to be a new body to reinforce the regulatory standards that we establish.

Significant powers relating to our environment are being vacated by the EU, and we must, as a matter of urgency, ensure that those powers are allocated to either existing or new regulatory bodies. Those bodies must be independent, they must be accountable, they must be accessible to the public who are seeking redress, their processes must be transparent, and they must have teeth so that they can hold Governments and others to account. We all agree on that, and nothing that I have heard from the Environment Secretary suggests that his ambition for legislation on the environment post-Brexit will not deliver those requirements.

[Wera Hobhouse]

Will the hon. Gentleman give way?

[James Heappey]

I will gladly give way to my diocesan neighbour.

[Wera Hobhouse]

Does the hon. Gentleman not agree that the environment does not stop at borders, and that international agreements on environmental protection are vital? The danger that I see is that the UK is going it alone. It is important that we all do this together—and, in fact, we have been doing it together, which is why we have the single market and the European Union.

[James Heappey]

I take the hon. Lady’s point, but I am not sure that the EU is necessarily the only vehicle for the purpose. The Minister for Climate Change and Industry, my hon. Friend the Member for Devizes (Claire Perry), attended the One Planet summit in Paris today, where she talked to representatives from countries all over the world, outside the EU and within, about arresting climate change.

The marine conservation Minister, my hon. Friend the Member for Suffolk Coastal (Dr Coffey), was in Malta six or seven weeks ago at a global UN conference on ocean rescue. Again, that was not an EU vehicle, but the UK was showing leadership among countries around the world. I understand that the Minister for Agriculture, Fisheries and Food, my hon. Friend the Member for Camborne and Redruth (George Eustice), has been at a conference about fishing in the last couple of days, and that the discussion was not EU-orientated but global. I am therefore not entirely convinced that the UK is “going it alone”. We are clearly well embedded in a whole range of international forums in which we can discuss our environmental ambitions globally.

As the hon. Lady rightly said, these are issues that cross borders. However we regulate the environment in the United Kingdom—and I am confident that we will be much more ambitious here than the EU is currently with its own regulations—we cannot turn our back on the rest of the world. Indeed, there is no evidence that we would, given the amount of international engagement that we already have, and the extent of the leadership that we are showing on so many issues relating to the environment and climate change.

I was surprised to note the Scottish National party’s support for new clause 27, in particular. I accept what was said earlier by the hon. Member for Greenwich and Woolwich (Matthew Pennycook) about the intention to establish a regulatory body in England that might seek to be matched in Scotland and Wales, and that agreement would be sought from the devolved powers. However, the Bill refers specifically to a UK-wide regulatory framework. I will gladly give way to any SNP Member who wishes to intervene, but I wonder whether that in some way challenges the SNP’s desire for the greater devolution of powers rather than their centralisation. Why would the SNP support a measure that refers to centralised regulation?

Furthermore, the DEFRA consultation on the new enforcement body must be published urgently. [Interruption.] I will gladly give way.

[Stewart Malcolm McDonald (Glasgow South) (SNP)]

rose—

--- Later in debate ---

[James Heappey]

As I said, the DEFRA consultation on the new enforcement body must be published urgently; I agree with the NGO community on that, and Members on both sides will want to encourage the Environment Secretary to do exactly that. I also agree that our ambition should be that the new Bill to establish this new body, and to make the UK’s environmental ambitions post-Brexit clear, should be passed through Parliament by March 2019. We will all want some reassurance from the Secretary of State in the near future that that is indeed his ambition.

Earlier, my right hon. Friend the Member for West Dorset spoke at much greater length than I intend to on the detail of this, but he is absolutely right that the Environment Secretary is clearly meeting the ambitions of everybody who is contributing to this debate from an environmental perspective. Some might choose to put their fingers in their ears, say it cannot possibly be so and seek to manufacture disagreement where there is none, but the Environment Secretary—in this Chamber, in the press, in the speeches he has been giving to the environmental community, and in his meetings with NGOs, I believe—has been very clear about what he intends to do.

Seeking to amend the Bill simply for the sake of amending it does not add anything to our ambition for stronger environmental regulations post-Brexit. We can be very confident that the Government are leading us in the right direction on environmental regulation. They are going far further than the EU currently does, and that is the key point: we should see current EU regulation merely as the floor for UK environmental regulation post Brexit, not the ceiling. I am confident that the Secretary of State has every intention of doing that.

[Several hon. Members rose—]

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.

--- Later in debate ---

[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.

--- Later in debate ---

[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.

--- Later in debate ---

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.

--- Later in debate ---

[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.

The Government's Plan for Brexit

James Heappey Excerpts

Wednesday 7th December 2016 Commons Chamber

[Tom Brake]

No doubt that is the position that the right hon. Gentleman has adopted today, and he may have done so consistently over a number of months, but there are many others here in very senior positions who adopt a different position on a daily basis.

[James Heappey (Wells) (Con)]

Will the right hon. Gentleman give way?

[Tom Brake]

No. I will continue because I know that others who have been waiting a very long time also want to speak in the debate.

How many of the 52% will be happy if, for instance, the Government secure a deal that requires the UK to pay a substantial amount to the EU budget—not just the relatively small sums that might be required to stay in, for instance, Erasmus or Horizon 2020, but the larger amounts that might be required to secure privileged access to the single market? That is why the Government are going to need public support on this issue, and that is why the Liberal Democrats have tabled an amendment that would allow people to have a say on the final deal.

As I stated, there is no indication of what the plan will actually include, yet we as Members of Parliament are expected to bind ourselves to triggering article 50, no matter what, at an arbitrary date. The High Court has made it clear that Parliament must have a proper role in this process, and that does not mean signing away any right to scrutiny in exchange for the shallowest of promises from a Government that cannot hack any questioning of their motives, strategy or direction. We will not allow ourselves to be bullied into this, and all Opposition parties—and some Members, I hope, on the Government Benches—should resist that. The Liberal Democrats will vote against the Government amendment and the motion, if amended. We cannot support a parliamentary stitch-up that would deny the people a vote on the final deal and straitjacket Members of Parliament in an arbitrary timetable.

I call on the Labour party to remember that it is the official Opposition; it should not cave in to Conservative attempts to deny the public a final say on the most important question facing the country in a generation—it should not be muzzled. It is now clear that the Liberal Democrats are the real Opposition to the Conservative Brexit Government. We are striving to keep Britain open, tolerant and united.