European Union (Withdrawal) Bill

Jamie Stone Excerpts

Committee: 2nd sitting: House of Commons
Wednesday 15th November 2017 Commons Chamber

[Peter Grant]

It is certainly correct to say that reported hate crime fell. I was made aware of a couple of cases in my own constituency of hate crimes not being reported to the police, for reasons that I did not understand but had to accept on the part of the victims. We have to be careful because, rather than there being a reduction in hate crime, perhaps it is being under-reported, but my hon. Friend makes a good point.

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)]

This has already been raised in the Chamber, but does the hon. Gentleman agree that today’s story in the papers about whatever the Russians did that may have skewed the Brexit referendum result is a very worrying issue?

[Peter Grant]

It would certainly be worrying if any major power was able to use dirty tricks to influence the result of a democratic process in any country. It may be worth remembering that it is not that long ago that David Cameron pleaded with Vladimir Putin to interfere in another referendum to ensure that he got the result he wanted. It is important that, if we are going to criticise and call out foreign interference on behalf of our opponents, we should also be prepared to call out foreign interference in our favour.

It is important for the people I represent and the nation that has sent me to this Parliament to be one of its representatives that we seek to retain as much as possible of the benefit of European Union membership, even after we have been forced to temporarily leave it, so we should seek to reverse the Government’s unilateral decision on membership of the single market and the customs union. Plaid Cymru’s short amendment would help to do that by ensuring that, even after leaving the EU, the Government have no authority to leave the European economic area without a further vote of this Parliament.

The first benefit of that would be that the 4 million would be able to relax, if the UK Government say today, “We got it wrong. We’re staying in the European economic area and in the single market.” All the worries about settled status and all the paperwork that people have to go through just to guarantee the rights that they already have would stop, as would all the concerns about how we square the circle of borders or no borders at different stages between the UK, Northern Ireland and the Republic of Ireland if Northern Ireland and the rest of the United Kingdom remain in the single market and the EEA.

--- Later in debate ---

[Robert Neill]

I rather think that what I am proposing in my amendment is the use of the affirmative procedure. I never heard my right hon. Friend say that that was not part of the proper democratic process when he was a Minister and used it many years ago; nor have I heard him say that on other occasions when it has been used. It is a question of what is proportionate. I entirely accept that there has to be scrutiny and a democratic process. But, for the very reasons accepted in the discussion between the Solicitor General and the right hon. Member for Birkenhead—the volume of matters that we would have to deal with, even with the sensible triage arrangements that we have to put in place—I am not sure that we need to go down the time-consuming route of full legislation going through both Houses. I am trying to propose a compromise that would get us through a limited number of quite technical cases.

I will use some examples predominantly from the financial sphere, but the amendment would also apply should we need to maintain regulatory equivalency in things such as data protection, which is important for criminal justice and legal justice co-operation. There may be no such cases when we leave, but they are always possible. That is what we need to deal with, and the principle holds generally.

We may also need to deal with the difficulties that might arise in the context of EU legislation that is only partly implemented on exit day, or legislation that is enforced on exit day but whose effective operation depends on secondary measures that will be passed after exit day, which is not unknown even in our own domestic arrangements. In that situation, it would seem sensible to have the option to domesticate that EU legislation as it comes into force in the EU, so that it is enforced with us at the same time. We could do that through a vote on an affirmative resolution statutory instrument, rather than by having to pass new primary legislation each time. That is a practicality matter, and I suggest it is important.

[Jamie Stone]

Will the hon. Gentleman elaborate on that in the Scottish context? Further to what he has just said, we can imagine the discussions that would take place between Holyrood and Westminster. How would those be timetabled in terms of what he has just said?

[Robert Neill]

It would be for the Government to choose whether to bring such things forward. At the moment, it would be quite onerous to have primary legislation. Not all these issues will, of course, affect the Holyrood situation. Holyrood may well wish to adopt a procedure for devolved matters, and we could look at that constructively. If there is to be a package of further discussions, we could also consider that further. Scotland is important as a centre of financial services, as is the City of London, and we could try to develop these things as we go forward.

--- Later in debate ---

[Priti Patel]

The right hon. Gentleman knows that secondary legislation is scrutinised. We all have an effective role—I am sure he has experienced this many times while he has been a Member—in scrutinising secondary legislation.

We will have the opportunity to make and amend laws, and also to look at what will work in our national interest. Quite frankly, I take great pride in that as a Member of this House of Commons. I take great pride in taking part as a British citizen, in this British Parliament, in standing up for our national interests on the laws and decisions made for our country.

Of course, that means not that we will cut or axe regulations arbitrarily, but that we have the ability over time to look methodically at our laws and how to change them and, in particular, at how to make them reflect modern challenges in ways that are most effective for our economy, our country and our future prosperity, and that applies to every aspect of policy.

[Jamie Stone]

This partly repeats my previous point, but does the right hon. Lady recognise that, whichever way this law is approached, the crucial issue is keeping Scotland’s financial industries safe and letting Scotland prosper, because there is a grave danger of getting this wrong, whether through primary or secondary legislation?

[Priti Patel]

I am sure that the hon. Gentleman, like me and all Members, believes in Britain’s future prospects outside the European Union, and in how we will work together—across all political parties; across the devolved Administrations; across the country—not only to get the best deal for Britain, but to safeguard and secure key services and key sectors across the economy.

New clause 51, which was tabled by the right hon. Member for Birkenhead (Frank Field), who is not in the Chamber at the moment, raises the prospect of reviewing EU legislation that is still applicable in the UK six months after our departure and at least once a year thereafter, together with proposals for the re-enactment, replacement or repeal of such provisions. I actually have some sympathy with the objectives of the new clause, but I would expect those very actions, and particularly such scrutiny, to be undertaken by the Government.

We should welcome the fact that Members will be able to come forward with their own ideas about how we embark on our future outside the EU. We will be able to modernise our laws more quickly and make them more relevant more efficiently, because we will have control over them. That is the fundamental point. In that way, we will have modern regulations that will maintain and protect rights, as the Prime Minister has guaranteed and as the Solicitor General mentioned.

We can look at repealing many of the laws that are simply not functional and that add costs, and we can also go further than the EU when it is in our national interest to do exactly that. This country has a strong record on some of the areas that have been mentioned, such as legislation on employment and social rights—my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) spoke about that—as well as environmental and other laws we passed before we joined the European Union. We will continue to lead the way and, indeed, pave the way when it comes to that strong record.

Importantly, clauses 2 and 3 will fulfil the wish of the British people to be free from the European Union and many of its controls. Over the past 45 years, the European Communities Act 1972 has been the mechanism by which the sovereignty of this Parliament has been eroded, with more areas of law being taken over by the EU. The Bill puts all those EU laws, regulations and other measures under our control.

The clauses are essential to deliver the commitment that most Members have made since the referendum, including at the election. We are a proud country with a rich democratic history, and this is one of the greatest Parliaments in the world. The Bill strikes at the heart of the issue of trust in Parliament and politics. Do we trust the British people, who voted to leave the EU and to move on, or do we want to go against their wishes? These clauses will go far enough to deliver the outcome of the referendum and, importantly, our own governance and leadership for the future, which is exactly the right way forward.