Leaving the European Union

Jim Cunningham Excerpts

Monday 19th November 2018 Westminster Hall

[Graham Stringer]

It was always going to be the case that we would have a different level of knowledge and information afterwards, because time goes on; I agree with my hon. Friend. I put it that what has happened since is that our arguments have been validated by the obstructive nature of the EU. I remember many debates and discussions in which the arguments of the leave campaign were, in essence, that the EU had too much control of our democracy and the majority of our laws. My opponents said regularly, “No, it’s less than 10%”; we would argue about the Library documents on what was and was not a law; and they would say, “No, this is essentially just a trading organisation. It has minimal impact.” Now, we see that the EU is trying to hold on to control, not only in Ireland, but over our regulations and laws on manufacturing. We can now see how powerful the EU is, and how difficult it is.

The Prime Minister went to the EU and has come back not, unfortunately, representing the views of the people of the United Kingdom to the EU, but representing the views of the EU to the United Kingdom. She has come back with an absolute constitutional monstrosity, under which, in effect, the EU will keep control of whether Northern Ireland has separate laws from the rest of the country.

[Mr Jim Cunningham (Coventry South) (Lab)]

Over the years, I have been a remainer, and I make no secret of that. It was always an alibi of Ministers, when agreements were made in the Council of Ministers and when the thing was not going well in the House of Commons, to say, “That is a European angle.” I remind my hon. Friend, who takes as much of an interest in the trade union movement as I do, that a lot of the progressive trade union legislation came from Europe; they had to fight tooth and nail there. Finally, the referendum was not run like a general election campaign. Leading lights in the referendum went around with a red bus and made all sorts of promises to the British people. We must face up to that to be truthful with one another, as my hon. Friend said earlier.

[Graham Stringer]

My hon. Friend makes a number of points. On trade unions rights, there is no doubt that in 1988, when the President of the Commission came to the TUC, he said, “Forget Thatcher; we can look after the trade unions.” Unfortunately, we moved from a social Europe to a global, much more free-market Europe. Since then—I do not know if my hon. Friend knows—the Viking and Laval decisions have undermined minimum wage legislation throughout Europe, and have damaged trade unions because they have changed the definition of a trade dispute. I do not accept that the EU is fundamentally good for trade unions, but I must move on.

[Mr Philip Hollobone in the Chair]

I was not going to talk about Northern Ireland, because there are people in this room who know a great deal more about it than I do, but I do not think there is anyone else here who was present—the Minister could have been, but I am pretty certain that no one else was —when Croatia was accepted into the European Union. There were about three or four of us in the Chamber—there clearly was not as much concern about the EU then. Croatia has one of the EU’s longest borders with the rest of Europe. Across that border there is human trafficking and sex trafficking; it is unguarded a lot of the time and it is one of the main entry points of wickedness into the EU. Croatia was accepted by the EU, but it did not have the rule of law, and it protected war criminals after the break-up of Yugoslavia. The EU wanted Croatia in, because it was expanding.

Northern Ireland has had a troubled border. The EU had nothing to do with the Good Friday agreement. The basis of the Good Friday agreement is that all parties accept peace. The EU has been weaponising that issue; the United Kingdom Government have said very clearly that they will not produce a hard border, so the only people who might are those in the EU. They have used that as a control over the UK, which unfortunately the Prime Minister has accepted.

This is a huge debate, as I am sure you know, Mr Hollobone. The continued project fear accepts that somehow the EU has been great for the United Kingdom’s growth, and that the EU’s regulatory model is economically a good thing, but for the 10 years before the referendum, all other continents apart from Antarctica grew by considerably more than the EU—it was not a particularly vital area. There are some areas where this country is strong, such as in the biological and agricultural sciences, where we are world leaders, but the regulations coming from the EU damage our economy and cause job losses regularly. I do not believe in a completely free market—quite the reverse—but we can have regulations that are appropriate to our economy, and that will help us to create jobs at the cutting edge. The only future for this country is in high technology, which is restricted by the EU.

Although there are many more points I could make, I will finish by talking about no deal. It would be better if we had a deal. It is extraordinary, when our regulatory position is completely aligned with the EU, that the EU tries to keep control of this country’s laws. It is even more extraordinary that the Prime Minister has accepted that. The majority of our trade is on World Trade Organisation rules. The EU is a signatory to the World Trade Organisation. There is no reason whatever why the disruption if we left the EU without a deal would not be minimal. Are people here who support the EU saying that if we left without a deal, the EU would stop sending medicines to this country? If they are saying that, why would we want to be part of a body that would punish the child with muscular dystrophy that my hon. Friend the Member for Wigan talked about? It would not happen by accident; the EU would have to stop medicines coming to this country. It would have to stop radioactive materials needed for the health service from coming to this country.

Future Relationship Between the UK and the EU

Jim Cunningham Excerpts

Wednesday 18th July 2018 Commons Chamber

[Dominic Raab]

My hon. Friend mentions the earlier approach. Under the earlier proposals for a new customs partnership, businesses would only receive tariff rebates after tracking goods through the entire supply chain to the point of final consumption in the UK. In contrast, the FCA—I hope this addresses his point—will be an upfront system. That means that most businesses, the overwhelming majority, would pay the right tariff to begin with. Other businesses could claim a tariff repayment as soon as possible in the supply chain. We will agree with the EU the circumstances in which repayments can be granted. As the White Paper makes clear, we will negotiate a reciprocal tariff revenue formula, taking into account goods destined for the UK entering via the EU and goods destined for the EU entering via the UK.

[Mr Jim Cunningham (Coventry South) (Lab)]

What discussions has the Secretary of State had with companies in this country, such as Jaguar Land Rover, regarding their concerns about Brexit? What reassurances has he given them, or is it too early to ask him that question because he is fairly new in the job? I congratulate him on his appointment.

[Dominic Raab]

The hon. Gentleman is being far too kind, but I appreciate it. I have already met business leaders, from the Federation of Small Businesses to the CBI. The devil will of course be in the detail as we negotiate, but we have received a positive and constructive response. I will be meeting more business leaders on Friday, so perhaps next week I can fill him in further. I think it is widely understood that we have a principled but pragmatic and flexible approach that will preserve frictionless trade. The key advantage of the model we have is that it protects the UK-EU supply and value chains, and the businesses he refers to that rely on them. As well as supporting business, the approach would meet our shared commitments to Northern Ireland and Ireland in a way that respects the autonomy of the EU without harming the UK’s constitutional and economic integrity.

European Union (Withdrawal) Bill

Jim Cunningham Excerpts

Tuesday 12th June 2018 Commons Chamber

[Mr Leslie]

No, I will not give way.

Ministers can come and go, but we across this Chamber need that level of certainty. We of course accept the fact that there will be further discussions. The question about taking back control was put to us consistently throughout the referendum. As someone was saying earlier, we obviously cannot call hon. Members hypocrites, but we can point out the hypocrisy in general of the argument of those who might have said in one breath that we should take back control and then had the audacity to come here and say, “Oh well, the UK Parliament clearly has to be cut out of this issue altogether.” I know that we were all elected in 2017 on a mandate drawn up subsequent to the referendum. Our mandate, collectively, has a value, and we should not diminish that and pretend that we should be cut out of this process altogether when there are so many things at stake.

This is not a binary question, and I do not believe that the British people voted to take back control from Brussels only to give that control unilaterally and in its entirety to the Prime Minister and her friends. This is a matter for us, and our constituents would expect nothing less than for us to say, “Hang on a minute, what about our jobs in the manufacturing sector? What about the car industry? What about those who work in the financial services sector?” All the people working in those sectors have the right to expect us to do our job with due diligence.

The right hon. and learned Member for Rushcliffe (Mr Clarke) has rightly pointed out that we could find ourselves in a situation in which no deal is reached because the discussions and negotiations have collapsed. There is no certainty that the motion would then come forward. When the Secretary of State was intervened on and asked what would happen if no deal were to materialise, he said that the Government would come forward with a statement. When he was asked how the Government were going to prevent us from falling over the cliff, no answer was forthcoming. This is an incredibly important point. We have a duty to safeguard our constituents from harm. That harm could affect not only their livelihoods and their jobs but all the revenues that taxpayers pay towards our public services. So if we care about our NHS, we have to ensure that there is a safeguard in place. If we care about schools and council services, we need this insurance policy in place. We should not go through such a crucially important issue without those particular safeguards.

[Mr Jim Cunningham (Coventry South) (Lab)]

Does my hon. Friend recall that, during the general election, the Prime Minister said that she was being obstructed in Parliament and needed a big majority? Well, she got her answer at that election. Coming back to another point that my hon. Friend has made, the midlands rely on trade, and we should not be jeopardising hundreds of thousands of jobs in the west midlands.

[Mr Leslie]

My hon. Friend says it perfectly. We would be failing in our duty if we were simply to delegate all our decisions to the Prime Minister and say, “That’s it. Everything has been done.” Leaving the customs union or the single market was not on the ballot paper, and those are things on which we have a right to express our view.

European Union (Withdrawal) Bill

Jim Cunningham Excerpts

3rd reading: House of Commons & Report stage: Second Day: House of Commons
Wednesday 17th January 2018 Commons Chamber

[Mary Creagh (Wakefield) (Lab)]

New clause 12, which stands in my name and those of a number of other Members, seeks to guarantee our management of environmental protection after exit day. The environment has been in the news quite a lot recently. The members of the Cabinet all had reusable coffee cups following their meeting yesterday, although I think we shall need a little bit more from the Environment Agency than bamboo cups if we are to protect our environment after Brexit. I was delighted to receive your letter today, Mr Speaker, saying that the House of Commons Commission and the Administration Committee will be looking into how Parliament can reduce its plastic usage. Last Thursday the Government published their 25 Year Environment Plan. They were very clear about what they wanted to achieve, but there was absolute silence on how that was to be done.

A third of the acquis communautaire which applies in the UK is related to the Department for Environment, Food and Rural Affairs—it has brought us huge environmental improvements—and 80% of our environmental protections originated in the EU. A third of those protections cannot simply be cut and pasted. The aim of new clause 12 is to prevent us from ending up with “zombie legislation”, no longer updated or enforced, and vulnerable to being quietly dropped at the stroke of a Minister’s pen. The Environmental Audit Committee, which I chair, called for a new environmental protection Act more than a year ago, and the new clause does the same today: it calls for legislation setting up a strong environmental protection agency to monitor and enforce standards, replacing the European Commission. The Secretary of State for Environment, Food and Rural Affairs told my Committee in November that such a body would be needed. We await his proposals, but this must be done quickly.

[Mr Jim Cunningham (Coventry South) (Lab)]

What my hon. Friend has said is important for another reason. Environmental protection means development, and, as she will know, that means development jobs in towns such as Coventry. There is, for example, the electric car.

[Mary Creagh]

Absolutely. I was thrilled to learn that the electric black cab is being made in Coventry. It is great that Carbodies has a future.

It is important to drive that great innovation, that green growth, across the country. Let us take the example of waste. Twenty years ago we sent almost half our household waste to landfill; now we recycle almost half of it because of the EU’s waste framework directive. We will have no recycling targets after 2020 unless we adopt the EU’s target of 60% by 2030. We need that new environmental protection Act to set out waste targets: that will drive the innovation that we need in reprocessing.

We need reprocessing capacity urgently. As a result of the Chinese ban on the import of contaminated UK waste, 3 million tonnes of paper and 280,000 tonnes of plastic will no longer go to China, and we will have to do something with it on this island. A hard Brexit means that we could end paying tariffs on our waste exports, so exporting our waste to faraway countries will no longer be an option. The Environmental Services Association told my Committee that the industry had invested £5 billion in new infrastructure in the past five years, and could do so again, given the right policy environment. At present, however, there is the risk of a vacuum.

We hear the same story when it comes to cleaning up our beaches. The bathing water directive ended the discharge of untreated sewage into the sea and drove investment in the replacement of lead pipes. The European Investment Bank is the largest debt investor in the UK water industry, holding 13% of gross outstanding debt. There is a risk that, if we cannot gain access to EIB capital, there could be higher borrowing costs for water companies and higher water bills for consumers.

As for air quality, the EU has set out the targets that we should meet in the ambient air quality directive. We are currently missing those targets. I have been through the 58 impact assessments, and air quality does not feature in any of them, although it is one of the most pressing market failures that we face. There is no air quality industry, which is why it is neglected. We have had our final written warning from the Commission. The danger is that when we leave the EU we will not set ourselves stringent standards. There is no agency to set those standards, no agency to monitor them, and no agency to enforce them. The Prime Minister launched the environmental plan last week. She says she wants to phase out unnecessary plastics by 2042. I can tell her now that I am not waiting until I am 75 to clear up our environment. This House needs a vote on a strong environmental protection Act, and a strong environmental protection agency to make sure we pass on a decent environment to our children and grandchildren.

European Union (Withdrawal) Bill

Jim Cunningham Excerpts

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

[Mr Leslie]

I thought for a minute, Mrs Laing, that you were going to read out all the amendments grouped today, which might have taken up some considerable time.

Today’s debate is about taking back control—about Parliament and the powers of the House of Commons to hold the Executive to account and to overrule it if we wish to do so. New clause 18 essentially says that it is time for the Government to be honest about the extensive and wide-ranging powers they want to take away from Parliament, which essentially is what the Bill proposes to do. Some might say that my new clause does not go far enough, that it is a little tepid: it simply says that the Government ought to commission a proper independent report into the constitutional ramifications and implications of their proposal. In my view, they have not thought the process through properly. They denied the House a pre-legislative scrutiny process for the Bill and, importantly, ignored an extremely detailed and thoughtful report and set of recommendations from the House of Lords Constitution Committee, which went into painstaking detail to review Ministers’ proposals, particularly those in clause 7. It also did so with respect to clause 9—we will not be voting on aspects of clause 9 today, but certain amendments to it have been grouped for discussion.

I accept that if we leave the EU, the acquis—the body of existing EU law—will need to be converted into UK law. We were told, of course, that the Bill was supposed to be a simple “copy and paste” exercise that merely transposed those EU rules under which we have lived for the past 30 or 40 years into UK law. Despite the early recommendations from the House of Lords Constitution Committee, made long before publication of the Bill, back in March, Ministers have made a real error in failing to distinguish between the technical and necessary task of transposing existing laws from EU to UK statute and the wider powers that Ministers are taking potentially to make substantive policy changes, by order, in areas that currently fall within EU competence. In other words, they have not sought to curtail the order-making powers simply to focus on that transposition exercise. The order-making powers go far wider into a whole array of policy making areas.

[Mr Jim Cunningham (Coventry South) (Lab)]

We were told that we were bringing powers back to this Parliament so that this Parliament could take decisions. Why, then, are the Government trying to introduce something similar to the Henry VIII clause? Does it not make a mockery of their promises?

[Mr Leslie]

Exactly. People voting in the referendum might have been moved by that slogan “take back control”, but I do not honestly think many voters thought that that meant taking back control from a European Executive and handing it to Ministers of the Crown, outwith the powers and scope of Parliament to do much about it, yet that is effectively the proposal in clause 7.

I want to emphasise that this is not simply an exercise in transposing technical and necessary measures. The Government have extended the scope of the Bill into policy-making capability, which brings in the question of divergence. We have heard a lot recently about concepts of full alignment and this notion of diverging from rules and policies. The way clauses 7 and 9 have been drafted would allow Ministers, by order, through negative statutory instruments that we rarely get the chance even to vote on in this place, to make policy changes that could affect policy functions and the rights of our constituents—perhaps as part of a deregulating agenda—if that is indeed what the Government of the day sought to achieve.

--- Later in debate ---

[Mr Leslie]

The Bill’s provisions are so wide-ranging that the protections that our constituents have enjoyed to this day as a result of European regulations and rights could be at risk—not from Parliament, but from a ministerial sweep of the pen, through the making of an order: a negative statutory instrument.

[Mr Jim Cunningham]

We had a good test of that some time ago in relation to trade union rights, through what the Government did to the Trade Union Bill during its passage through Parliament. Does my hon. Friend agree that the big test will be something the Government are being evasive about: will this Parliament get the final vote? We were told during the referendum campaign that Parliament would have its say and everything would be brought back here, yet the Government are doing everything in their power to avoid giving Parliament the final vote on this.

[Mr Leslie]

The offer from the Government has been a binary yes or no motion at some point when we see the withdrawal agreement, and then—potentially after the fact, post-signature by Ministers—a Bill later on down the line. That is obviously not good enough, but we will come to many of those issues in tomorrow’s debates. For now, there are further deficiencies in the way clause 7 has been drafted to be addressed.

Clause 7(5) talks about the functions and public services that the regulations can amend. The right hon. and learned Member for Beaconsfield has spotted in amendment 5, as I have in amendment 61, that these powers could allow Ministers to sweep away a public service function currently undertaken by an EU agency without making alternative provisions; Ministers have talked about a function being not only “replaced” or “modified”, but “abolished”. Ridiculously, Ministers have snuck in this phrase, under which by order they can abolish a whole area of public service activity through the powers they are granting themselves in subsection (5). That could affect lots of obscure and small areas of public policy that do not matter to all our constituents but will certainly matter to some, including chemical safety certification, medicine risk assessment activities, aircraft airworthiness, preparedness for disease prevention and control, aeronautic research, energy market trading, and maritime pollution.

There are lots of functions that EU agencies currently fulfil. Some Members might say that they should be fulfilled within the UK, which is a perfectly good argument, but clause 7 would allow Ministers to abolish those functions entirely by order. I do not believe that is appropriate, and that is why I think amendment 61 and certainly amendment 5 are necessary.

European Union (Withdrawal) Bill

Jim Cunningham Excerpts

Committee: 5th sitting: House of Commons
Wednesday 6th December 2017 Commons Chamber

[Kirsty Blackman]

I absolutely agree. If the incredibly inadequate estimates procedure were used, an awful lot of my constituents would say to me, “Why did you not talk about this?”, and I would have to say, “Because it didn’t happen to be picked by the Liaison Committee and therefore we had to talk about something else and couldn’t vote on specifically amending this matter.” That would be a major concern to people here and people outside. It would be great if the Government could give the commitment today that any vote on the divorce bill will not happen through the estimates procedure and will be properly scrutinised on the Floor of the House.

It is really important that we do get House of Commons approval for any financial settlement that is agreed on. It absolutely has to be agreed by this House. I would prefer it also to be agreed by the House of Lords. It would be sensible for it to have as much scrutiny as possible before any agreement happens. We are making it very clear that that is very important to us.

Last week, I called for the Chancellor to bring forward an emergency Budget. The Budget that we had the week before last made no mention of payments in relation to a withdrawal settlement, but the Chancellor must have had some idea about this. I can only assume that he did, but given that the DUP did not know what was going on with the agreement that had been made on Monday, perhaps he did not. He should have had some idea of the ballpark figure that was going to come out in the news the following week, and therefore it should have been in the Budget. As it was not in this year’s Budget, the Chancellor needs to come to the House and introduce an emergency Budget explaining how he is going to pay this bill—which taxes he is going to raise, perhaps—and where the money is going to come from, and then this House should properly debate the matter.

[Mr Jim Cunningham (Coventry South) (Lab)]

I agree with the hon. Lady to a large extent. We do not want hidden protocols whereby certain secret agreements about expenditure do not come before the House. We want full exposure and a comprehensive view of this.

[Kirsty Blackman]

I absolutely agree with the hon. Gentleman, with whom I used to serve on the Scottish Affairs Committee. This does need to be as transparent as possible. Every bit of money that is agreed between the UK Government and the EU as part of the withdrawal settlement needs to be itemised. We need to know what the UK is agreeing to pay for and the timescale over which we will be paying it.

European Economic Area: UK Membership

Jim Cunningham Excerpts

Monday 6th November 2017 Commons Chamber

[Stephen Kinnock]

I thank the hon. Gentleman for his intervention. May I suggest that he takes a trip to the port of Dover? The Brexit Select Committee, of which I have the honour of being a member, visited it recently and we were told that an additional two minutes of processing time on the 10,000 heavy goods vehicles that go through the port would result in a 13 mile tailback. A WTO Brexit, we were told, would add a lot more than two minutes. We therefore have to look at this debate in the context of the institutional capacity of our country to cope with a WTO Brexit, which is critical.

[Mr Jim Cunningham (Coventry South) (Lab)]

The west midlands relies a lot on exports to the EU. We have Jaguar Land Rover and a lot of other companies. If we do not get it right on this issue, it will affect them pretty badly.

[Stephen Kinnock]

I agree absolutely with my hon. Friend. On the automotive sector, we know that a WTO-based Brexit would add 10% to the cost of every car we export to the EU. What is more, given the complex, integrated supply chains the automotive industry relies on, there would be tariff and non-tariff barriers on every component that crosses the border. The result would indeed be catastrophic.

Oral Answers to Questions

Jim Cunningham Excerpts

Thursday 27th April 2017 Commons Chamber

[Mr Davis]

My right hon. Friend is absolutely right. He crystallises the point on “no deal is better than a bad deal”, and he clearly demonstrates why the Labour proposal, apart from being completely impractical, would never be deliverable.

[Mr Jim Cunningham (Coventry South) (Lab)]

Can the Secretary of State guarantee regional aid for the west midlands after Britain leaves the EU? More importantly, we have a very fine candidate for the mayor’s job in the west midlands: Siôn Simon.

Oral Answers to Questions

Jim Cunningham Excerpts

Thursday 9th March 2017 Commons Chamber

[Mr Jones]

My hon. Friend is entirely right to point out that the naysayers and doom-mongers who said that the British economy would crash after we decided to leave the European Union have been proven wrong.

[Mr Jim Cunningham (Coventry South) (Lab)]

8. What steps he is taking to ensure that maintaining human rights protections is included in negotiations on the UK leaving the EU.

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

The UK has a long-standing tradition of ensuring that our rights and traditional liberties are protected domestically and of fulfilling our international human rights obligations. The decision to leave the European Union does not change any of that. That is the approach we will take as we enter negotiations, and I can confirm that the Government have no plans to withdraw from the European convention on human rights.

[Mr Cunningham]

Given that answer, will the Secretary of State set out a full and detailed list of all fundamental rights currently guaranteed under EU law and what approach the Government intend to take towards them?

[Mr Davis]

We will be putting the great repeal Bill in front of the House at some point in the near future. That will carry into British law the existing law of the European Union and the case law that goes with it. But British human rights have not depended on the European Union; they have been intrinsic to our history and our tradition, and we—I most of all—will continue to defend them.

European Union (Notification of Withdrawal) Bill

Jim Cunningham 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]

I am sorry, but the right hon. Gentleman is wrong—and not for the first time. We have made it clear that the economy comes first, but the Prime Minister has said that her red lines are the European Court of Justice and immigration.

[Mr Jim Cunningham (Coventry South) (Lab)]

My hon. Friend takes a big interest in science and technology and universities, so does he agree that it is important for Coventry and the west midlands economy that we get a proper agreement in relation to the single market? Does he also agree that the Government have guaranteed resources only up to 2020 should we pull out?

[Paul Blomfield]

That is an important point, and my hon. Friend will note that it is highlighted in new clause 2.