Oral Answers to Questions

Joanna Cherry Excerpts

Thursday 3rd May 2018 Commons Chamber

[Mr David Davis]

No; the House of Lords is a revising Chamber and it does a very important job that I have, in my past, depended on from time to time. I agree, however, that some of the proposals—for example, to put timetables into the negotiating arrangements, at which point control is taken away from the Government—would be a gift to the negotiators on the other side.

[Joanna Cherry (Edinburgh South West) (SNP)]

T6. The3million is an organisation representing EU nationals living in the UK. Last month it submitted 128 questions to the Home Office concerning the UK Government’s proposals for settled status. I realise that things are pretty chaotic at the Home Office at the moment, but what discussions has the Minister’s Department had about responding to the very real concerns of the 3 million EU nationals living in the United Kingdom?

[Suella Braverman]

The hon. and learned Lady raises an important point. There has been extensive consultation, dialogue and discussion between Ministers at the Department for Exiting the EU and diaspora groups. I met members of the Romanian diaspora at the Romanian embassy, and the Under-Secretary, my hon. Friend the Member for Worcester (Mr Walker), has recently met members of the French diaspora. We have this engagement, and it is important. People can rest assured that the position of EU citizens will be safeguarded through the legislation due to come through Parliament in the autumn.

European Union Citizenship

Joanna Cherry Excerpts

Wednesday 7th March 2018 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

I congratulate the hon. Gentleman and his Plaid Cymru colleagues on securing this debate and I am very much looking forward to giving the Scottish National party’s fraternal address to their conference in a couple of weeks. Does he agree that the Welsh nationalism that he and his colleagues espouse is very much like Scottish nationalism, in that it is outward looking and internationalist, and that all that our parties want is for our countries to be nation states with a seat at the top table in the EU, wielding the kind of power that the Republic of Ireland is currently wielding?

[Hywel Williams]

I agree entirely. As I said, my definition of identity, be it Welsh, English, Scottish, Northern Irish or whatever, is that it is self-ascribed—it is something that someone claims. That is why my party has such members as my hon. Friend the Member for Dwyfor Meirionnydd, who comes from London—born in Eltham, I think—but is entirely Welsh and Welsh speaking. That is probably a consequence of marrying someone from Blaenau Ffestiniog, where no quarter is given or expected, but the point is that we have people in our party who come from all over the world, and long may that remain the case—we have no exclusive definition.

As I have said, Gwynfor said, a very long time ago:

“Anyone can be Welsh, so long as you are prepared to take the consequences.”

Those consequences, for us as European citizens, are that we have wide rights to travel, live work and study anywhere in the EU. European citizenship also gives us rights under EU law in respect of health, education, work, and social security, as well as the right to be free of discrimination based on nationality—which, I think, is relevant to what was said by my hon. Friend the Member for Dwyfor Meirionnydd. The assumption so far on both sides, the EU and the Government, is that EU citizenship will lapse at the point of our exit from the European Union. However, EU citizenship did not replace UK citizenship when it came into force. It is additional: the two continue to co-exist, and leaving the EU does not entail the end of EU citizenship for UK citizens.

Unfortunately, the Government, by default, are intent on taking away something that is of significant value to the people of these islands. They should not do so. In fact, they should make the retention of EU citizenship an important central plank of future negotiations. It is something that we can ask—demand—of the European Union; it is something that it is in its power to give, and something that would be valued by our citizens. It would benefit us all, not least by establishing a common status for all EU citizens who live here, including those with Irish heritage and the 3 million or so people who have moved here from EU member states. It would establish a level playing field.

There was a glimmer of hope last year when, on 2 November, Bloomberg reported the Secretary of State for Exiting the European Union as saying that the UK was—in the words of its headline—

“Open to Talking About Associate Citizenship After Brexit”

—which came as a surprise to some people—

and that that would allow “visa-free working rights” to UK nationals. The Secretary of State said:

“We’ll listen to anything of this nature. The aim of this exercise is to be good for Europe, good for Britain, and that means good for the citizens of Europe and Britain.”

I also note that the Prime Minister said in her statement on Monday that

“UK and EU citizens will still want to work and study in each other’s countries, and we are open to discussions about how to maintain the links between our people.”—[Official Report, 5 March 2018; Vol. 637, c. 26.]

Perhaps I am over-interpreting, but that seems to me to be potentially code for associated citizenship. We shall see how things develop, but for me it had the flavour of a “get out of jail free” card.

Today I am arguing for maintaining the status quo. We are European citizens and will continue to be so, but obviously I urge the Secretary of State and the Prime Minister even now to pursue their less ambitious line further. For those who ask for a precedent for EU citizenship—and some have asked me for one—I point to the situation when Ireland became a free state. The UK allowed Irish citizens to retain their UK citizenship then, and indeed, as Brexit problems and contradictions have closed in, the Government—from the Prime Minister down—have been lavish in their praise for the arrangements between the Irish Republic and the UK. That is a model of which they approve.

Earlier, I mentioned people of Irish heritage. It is little remarked upon, but those with a qualifying link with any part of the entire island of Ireland through either family or residence—even a short residence in Northern Ireland—can apply for an Irish passport. That applies to millions of British people, including my neighbour Miss Norah Davies, whose passport application I was happy to sign some weeks ago. Her passport has now arrived, much to her satisfaction. I caution Ministers not to tangle with angry older citizens; they do so at their peril. Norah Davies’s link with Ireland through her mother reaches back to the first part of the last century. My link, alas, petered out two generations before hers, and I therefore do not qualify.

--- Later in debate ---

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Diolch yn fawr iawn, Mr Dirprwy Lefarydd. It is an honour to follow my hon. Friend the Member for Ceredigion (Ben Lake), and I thank my hon. Friend the Member for Arfon (Hywel Williams) for his introduction to the debate.

I start by stating the obvious. We are not subjects; we are citizens, and as such we are individuals who consent to the rule of Government. The Government rule in accordance with the will of the citizens. We are citizens and we are individuals, and Brexit has consequences for our lives as individuals whether we voted to leave or to remain. I echo exactly what my hon. Friend the Member for Ceredigion said: surely this debate offers an opportunity to heal divisions within our society and to respect both sides of the referendum vote divide, by respecting individuals and permitting them to choose.

As individuals, we stand to lose our heritage as European citizens—a heritage we might not even have been aware was in our possession, a family treasure forgotten at the back of the display cabinet and about to be discarded in the bitter acrimony of divorce. It is to my surprise that it has taken an Opposition day debate initiated by Plaid Cymru to focus in depth on the wide-reaching implication of the loss we face, and I would like to take the opportunity to thank Professor Volker Roeben and my colleague Jill Evans MEP, who have highlighted both the desirability and the legality of our rights as European citizens, and to thank the thousands who have signed Plaid Cymru’s petition in the past two days.

However—this needs to be emphasised, and we need to use the language of Brexit—Brexit must not mean treating individual citizens as vassals, under obligation to our political masters, who might strip us of our citizenship at their whim. It is worth all of us who are speaking in favour of this proposal emphasising that it is clearly permissible in international law. Citizens’ rights are not the Government’s gift to trade, according to the 1969 Vienna convention on treaties. While an EU member state is democratically free to terminate its EU membership, it cannot extinguish the individual status of citizenship, nor its associated rights, without the consent of the individual.

Is there a precedent for this? We have heard a number of precedents already, and I should like to focus on one. We have lived with it for so long that we possibly do not really appreciate or see its value. Following the creation of Northern Ireland and the Irish Free State—now, of course, the Republic of Ireland—politicians debated the implications of how where people lived affected their rights as citizens. Irish citizens who reside in the UK while still remaining Irish citizens enjoy all the benefits of UK citizenship, including the freedom to take up residence and employment in the UK. Irish citizens can play a full part in UK political life, including voting in parliamentary elections and seeking membership of this House. The Republic of Ireland also offers citizenship to all residents of the island of Ireland, and people who are citizens of the UK are entitled to residency in Ireland without any conditions or restrictions. Unlike citizens of other countries, UK citizens are not subject to Ireland’s Aliens Act 1935. That means that a UK citizen does not need a visa or any form of residence permit or employment permit in Ireland. We are entitled to move to Ireland from any country, and we may move to Ireland to work or to retire.

[Joanna Cherry]

Is the hon. Lady, like me, visited in her regular constituency surgeries by many people who are currently British citizens who are lucky enough to have an Irish parent and are looking for an MP’s signature on their Irish passport application?

[Liz Saville Roberts]

I am grateful for that intervention, and I wonder whether the way this operates in Ireland might be a model for an opt-in pattern for us to think about if we take this issue through to the next stage of making practical considerations.

Unlike other EU citizens, UK citizens may retire to Ireland without having to establish whether we have sufficient resources or are in possession of health insurance. In fact, if we are visiting Ireland we do not even need a European health insurance card to get healthcare services—only a passport or some form of identification to prove UK citizenship.

Interestingly, that did not happen without parliamentary debate and intervention 96 years ago, much of it initiated, interestingly, by the Conservatives and Unionists of that time. I quote from Hansard of 26 June 1922, when Colonel John Gretton—Conservative, Burton—asked the Secretary of State for the Colonies

“whether acceptance of the status of a citizen of the Irish Free State, under…Clause 3 of the suggested Constitution for Southern Ireland,”

would deprive

“the person so accepting of his rights as a British subject in Ireland”.

To which Mr Winston Churchill—for it was he—replied:

“The answer is in the negative.”

Mr Gideon Oliphant-Murray, a Unionist MP from Glasgow, pressed the question:

“Is it not a fact that a citizen of a British Dominion is, ipso facto, a British subject?”

To which Mr Churchill replied:

“So will he be in the Irish Free State.”

Mr Oliphant-Murray:

“That is not the case.”

But Mr Churchill was having nothing of it:

“It is the case.”—[Official Report, 26 June 1922; Vol. 155, c. 1663.]

If Winston Churchill felt the need to ensure that individuals should not be stripped of their wished-for citizenship in 1922, surely Conservative Members are honour-bound and loyalty-bound to respect the citizens of 2018 in a similar fashion. All it took was an expression of will on the part of the Conservatives and Unionists of the time and the rights to vote for the Westminster Parliament, as well as the rights of abode and work, were safeguarded. Political will was also brought to bear in relation to Hong Kong, with the British Nationality (Hong Kong) Act 1990 and the subsequent 1997 Act, which allowed non-Chinese ethnic minorities to acquire full British citizenship.

I raise these as examples of political need but also flexibility, initiative and a respect for the individual caught up in the crossfire of state game-playing. This is a matter of political will, indicative of what the Government respect—the simplistic legal interpretation of Brexit zealots, which just so happens to bolster an ideological adherence, or the quiet right of citizens to express their will in accordance with international law. I wonder whether the Government took the opportunity to raise this matter with Guy Verhofstadt when he visited yesterday, and who I note also supports our proposal.

This is not an abstract concept or a nicety of legalese. My daughter Lowri has been able to action her right to live and work in France and Spain without constraint, just as I, somewhat longer ago, was able to action my right to study alongside Irish students in Ireland. I speak for many, many of my constituents when I say that we are proud to exercise our rights as citizens of Wales and citizens of Europe. The state may present its citizens with a referendum and then seek to interpret the frankly uninterpretable result, but it may not strip us of our rights. How our laws are made may change, but that does not give this place the legitimacy to interfere with my children’s rights as autonomous individual citizens. What of those young people who were not of an age to vote in 2016? Who are we to say that they may not have the choice that was tacitly agreed in the newly forged relationship with Ireland back in 1922—the choice to opt into a layered citizenship that reflects their individual choice of identity, as Welsh, Scottish, English, and European?

Anyone with a grasp of the history of Wales will know that our country’s very name in English deliberately implies two things: first, that we are different—foreign. But the root of the word was used by the Anglo-Saxons not only to imply foreign, but to imply Roman associations. Wales’s links with Europe are indivisible from the name imposed on us. Not all of us will recall that we were citizens of Rome 1,600 years ago, but many of us would remain European citizens in the 21st century.

Oral Answers to Questions

Joanna Cherry Excerpts

Thursday 1st February 2018 Commons Chamber

[Mr Davis]

We will be discussing in some detail with the European Union the treatment of people after our actual departure from the Union. The hon. Gentleman must take it as read, as I have said several times, that they will be treated properly, that we will not do anything to undermine our economy, and that we will do everything possible to ensure that the industries he talked about are supported.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Secretary of State and his junior Ministers keep saying that they want a bespoke deal. When are they going to set out what that actually means? When are they going to tell us what the elements of that bespoke deal will be, and when will they cost the bespoke deal’s implications for the economies of these islands? When?

Government’s EU Exit Analysis

Joanna Cherry Excerpts

Wednesday 31st January 2018 Commons Chamber

[Mr Walker]

If the hon. Lady will give me one moment, I will give way. I just want to complete my point about the caveats to the analysis.

At this very early stage, the analysis only considers the off-the-shelf arrangements that currently exist, and we have been clear these are not what we are seeking in the negotiations. It does not consider our desired outcome, which is the most ambitious relationship possible with the European Union, as set out by the Prime Minister in her Florence speech—such an agreement is in the interests of both the UK and the EU—and, to be crystal clear, it does not consider a comprehensive free trade agreement scenario as some reports have suggested, but simply an average FTA. We believe that we can do much better, given our unique starting point and shared history. Therefore, the scenarios in this analysis continue to suffer from the flaws that we have seen in previous analyses of this type.

[Joanna Cherry (Edinburgh South West) (SNP)]

Will the Minister give way?

[Mr Walker]

I will give way to the hon. and learned Lady after I have given way to the hon. Member for Bristol West (Thangam Debbonaire).

Yesterday, a number of Members of this House spoke eloquently about the challenges of modelling uncertain outcomes over an extended period. The analysis presented by many organisations prior to the referendum is a clear example of those challenges. To date, we have seen outcomes that are quite different from some of those that were set out.

--- Later in debate ---

[Mr Walker]

Not right now.

Of course, there is a specific role for this sort of modelling, but it must be deployed carefully and appropriately alongside a full range of policy work in our EU exit plans. On its own, no model or analysis will be sufficient to provide us with the full picture of the various benefits and costs of different versions of Britain’s future relationship with the EU. Such models cannot predict the future. It is the Government’s job to use these sorts of models appropriately and to develop them as best they can. Despite this—and, in many cases, because of it—the analysis remains extremely sensitive.

[Joanna Cherry]

I am grateful to the Minister for giving way. Surely the million dollar question is this: if the Government have not yet assessed the model agreement that they want, when are they going to tell the British people what it is that they want, cost it and publish the results?

[Mr Walker]

The Prime Minister has set out a very clear strategy for developing an FTA between the UK and the EU that goes much further than previous models. As I am explaining, the analysis under discussion looks at the existing models and compares some of them, which is not the same as what the hon. and learned Lady sets out.

--- Later in debate ---

[Joanna Cherry]

Will my hon. Friend give way?

[Peter Grant]

May I deal with the first intervention first, please?

What I said was that the reason I had told my colleagues that it was not really worth while for them to hand over their phones, make appointments and so on to go and see the documents, was that there was nothing in there that they could not have got quite easily on the internet. Is it really a good use of a Member’s time to go through a security check more severe than at an airport, in order to read in a classified document that Airbus and Boeing make aeroplanes? To read in a classified document that gambling legislation in Northern Ireland is devolved but not elsewhere? These are all things that were in the documents that the Government said they could not disclose. To read in the sectoral report on the electricity industry that lots of people in the United Kingdom rely on electricity for domestic and commercial purposes?

Come on, Madam Deputy Speaker: there may well be information in the latest batch of documents that there is good reason for wanting to keep classified and confidential, but the Government’s attitude is that they tell the people and Parliament as little as they can possibly get away with. We all know that the reason for the change of heart from yesterday to today is nothing to do with the Government’s having decided that, because part of the documents had been published, they might as well give Parliament everything. The Government are not opposing the motion today because they know they would go down badly if they forced it to a Division. They do not have the support of their own Back Benchers; I doubt if they even have the support of their own Front Benchers. Their culture of excessive secrecy no longer has the support of their own people. They are not forcing the matter to a vote today because they know they would not only lose, but lose so badly that it would call into question the continuation of the Government in its entirety.

[Peter Grant]

I did say I would give way to my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry).

[Joanna Cherry]

As usual, my hon. Friend is being modest. He is not explaining to the House that he is a member of the Exiting the European Union Committee and has been part of the project to produce detailed reports of sectoral analysis, so he knows, like anyone who has bothered to read the reports—I see the hon. Member for Chelmsford (Vicky Ford) is still sitting beside the hon. Member for Stirling (Stephen Kerr)—that all the information in these top-secret documents is already in the public domain.

[Peter Grant]

I am grateful for that intervention. I am aware of the time, and I do not want to impinge too much on other people’s—

--- Later in debate ---

[Anna Soubry]

The right hon. Gentleman and I used to be Friends, because we used to be in coalition, so he can be my Friend today. [Interruption.] Actually, I am very proud to have served in the coalition, because it was one of the best Governments we ever had, but in any event, we will move swiftly on.

The right hon. Gentleman makes a really good point, because the other danger is that we sleepwalk into some trap that will be set—that if we do not vote for this woolly agreement, the alternative will be “off the cliff”, and, of course, there are alternatives. It would be wrong to say to the European Union, “Can we come back and negotiate?”—the EU is amazing in the way it has put up with so much nonsense and with still not knowing what our country wants—but I do not think we will be in that position. However, the EU has already made it clear that if we want to remain in the European Union, that option is still open to this country; indeed, if we want to remain a member of the single market or the customs union, that option, too, is available to our country. So, in that sense, it should be a meaningful vote.

However, let me just say this. Such is my concern as events have developed that I have come round to the very firm view that it is not just in this place that we should have a meaningful vote; the people of this country, too, are entitled to a meaningful vote. We had a referendum, and I have always respected the result and will continue so to do. However, as this Brexit reality unwinds, and as people and even Members of this House—we know that some did not even know what the customs union was—[Interruption.] Oh, Mr Deputy Speaker. I am sure I speak on behalf of everybody when I say it is wonderful to have you back. [Hon. Members: “Hear, hear.”] We know your pain, and we all love and have great affection for you and, indeed, your family. We wish you all well.

That is the view I have come to. It is not for us to undo this EU referendum result, and we cannot; it has to be the people, and this has to be led by the people. The people are entitled not just to know the facts about Brexit but to have a say. I am forming the view, based on conversations I have had with my constituents, that many of them are now saying, “I did not realise how complex this was. I did not realise and appreciate how many cons and tricks had been played on me and how many untruths had been told. As I think about my future and my children’s future, I now want a real, meaningful say in this.”

[Joanna Cherry]

rose—

[Anna Soubry]

I will quickly give way before the bird lands.

[Joanna Cherry]

I am grateful to the right hon. Lady for giving way. She is making a truly outstanding speech, and I really commend her for it. On the point she made earlier about the ability of the United Kingdom to change its mind, does she agree that the olive branch extended by Donald Tusk and Emmanuel Macron means that it is open to this country unilaterally to change its mind and revoke the article 50 notice?

[Anna Soubry]

The hon. and learned Lady is right—she, too, could become my Friend for the day. In all seriousness, she is absolutely right. I am sure that it was a pure coincidence that, the day after certain members of the all-party parliamentary group on EU relations went over to Brussels, Tusk and Juncker—I am not sure whether it was Juncker, but, anyway, Members know who I mean—tweeted in the way that they did. They made it very clear that if the people—and it has to come from the people—want to change their mind, we can stay in the European Union, and if the people want to retain membership of the single market and the customs union, that option, too, will be open to us in October.

Leaving the EU: Economic Analysis

Joanna Cherry Excerpts

Tuesday 30th January 2018 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

If the economic forecasts and impact assessments published to date have been so wrong, why do the Government not tell the British people what it is they want from the EU by way of a deal, cost it and publish the results? Why is that so difficult?

[Mr Baker]

My right hon. Friend the Prime Minister set out what we want in the Lancaster House and Florence speeches. We are heading down the path of successfully delivering on what the Government have said we wish to have.

[Joanna Cherry]

Cost it.

[Mr Baker]

We will continue to carry out a wide-ranging and developing programme of economic analysis, which will help to inform our negotiating position and our decisions.

Leaving the European Union

Joanna Cherry Excerpts

Monday 22nd January 2018 Westminster Hall

[Paul Scully]

I totally agree with the hon. Gentleman about certainty. That was why I was explaining that we need to look at every area and sector, and every permutation and possibility. We talk about how we must do a deal—ideally, a bespoke deal that works for as many people as possible in the UK and the EU—but it may not be within our gift to do a deal. We talk about walking away, but if we do not sort out article 50 within the two years, we will walk away and no longer be members of the EU. That is what article 50 says and that is how it is.

People may talk in this debate, as they have in others, about whether article 50 is reversible. Now, I am not a lawyer but I am not too bad at grammar, and when I read article 50 I can see clearly that there is one way effectively to reverse it, and that is by getting the unanimous agreement of all the European countries to extend the deadline. That could be to something like 50 years—it could almost be like the lease on Hong Kong, with the issue pushed away to a time so far in the future that effectively we remain in the EU. Essentially, that is the only way.

[Joanna Cherry (Edinburgh South West) (SNP)]

The hon. Gentleman is making a very fair speech, but does he accept that the view of Lord Kerr, the author of article 50, and the weight of legal opinion in the United Kingdom is that article 50 is unilaterally revocable by the United Kingdom?

[Paul Scully]

I have read what Lord Kerr said, and I accept that he has said that article 50 is revocable, but that does not make it revocable. He may have written article 50, but he is not a lawyer. He may look back and wish he had written it a little bit clearer in the first place.

--- Later in debate ---

[Andrew Bowie (West Aberdeenshire and Kincardine) (Con)]

It is a genuine pleasure to serve under your chairmanship, Mrs Moon.

Last Thursday, I had the pleasure of attending a conference at the Assemblée Nationale in Paris, along with other young and nearly young politicians across Europe. Among the attendees were representatives from En Marche! and Les Républicains from France, liberals from Spain, conservatives and liberals from Poland and many others from all political backgrounds across the continent. Quite contrary to the statement in the petition that

“The EU looks set to offer us a punishment deal out of spite”,

my feeling from talking with delegates from all political ideologies and traditions from across the continent was resignation, disappointment—there is genuine sadness in many quarters that we are leaving—and a genuine desire to make the best of it. They all recognise that a good deal between the UK and the EU is essential, not only for the establishment of good relations in the post-Brexit world, but for the economies of their respective countries as well as our own.

The running argument between the assembly member for Calais and me, about which of our two countries was the fifth or sixth largest economy in the world, belied the underlying truth that the UK economy—we are fifth, by the way—is one of the strongest in the world, and it continues to grow. Our intelligence services work together and are closely intertwined with others on the continent. Our navies work together, combating illegal people trafficking in the Mediterranean, and our soldiers stand shoulder to shoulder in NATO, facing common enemies from Afghanistan to the Balkans.

Many Europeans have made Great Britain their home—my wife included—and they contribute to our communities and our economy, just as Brits do across the continent. We have shared values, a shared cultural heritage, a shared commitment to democracy and freedom in the rule of law and, ultimately, we are all Europeans. In my case, I am mightily proud to be so.

The UK is leaving the political construct of the European Union—that is beyond doubt. The people of these islands chose to do so in the biggest single act of democratic participation for more than three decades. There were 35 million votes, representing 72.2% of the registered voters of this country who took part in the referendum. That is a higher percentage turnout than at any general election since 1992, and it is higher in percentage terms than any election to the Scottish Parliament, and the referendums on the establishment of the Scottish Parliament, the Welsh Assembly and the alternative vote. In nearly 30 years, in percentage turnout by eligible electors, the EU referendum was beaten only by the referendum on Scottish independence, which had an 84% turnout and a result that I know everyone here agrees was conclusive and settled that argument for a generation at least.

[Joanna Cherry]

Will the hon. Gentleman give way?

[Andrew Bowie]

I would be delighted to.

[Joanna Cherry]

I am sure it will come as no surprise to the hon. Gentleman that I do not agree that the argument is settled for a generation. Does he, like me, recall that Scottish voters were told during the independence referendum campaign that the way to preserve their EU citizenship was to vote to remain part of the UK? Does he accept that that turned out not to be the case?

[Andrew Bowie]

I absolutely accept that. That was the case at the time, of course, but the people of Scotland went to the polls in 2014 in the full knowledge that a referendum on our membership of the EU was on the table. It was January 2013 when David Cameron made his speech at Bloomberg stating his intention to hold a referendum on our membership of the EU if the Conservatives secured a majority at the 2015 general election. The people of Scotland went to the polls in September 2014 in the full knowledge that that would happen if we won a majority.

[Andrew Bowie]

It will come as no surprise to the hon. Gentleman that I tend to reflect more favourably on the result this year, when 13 Scottish Conservatives were returned to this Parliament and, sadly, the Scottish National party lost 21 seats to various Unionist parties. As much as I would like to continue that debate for the entire evening, I must carry on.

In June 2016, 17.5 million people voted to leave the EU and 16 million people voted to remain. That was a conclusive result, which must be respected by all who claim to be democrats. We are leaving the EU, but we are not—this is absolutely key—leaving Europe. That has been recognised on countless occasions by the Secretary of State for Exiting the EU, the Foreign Secretary and the Prime Minister. We will remain the closest of friends and allies outwith the single market, the customs union and the political bodies of the European Union. It is evident from my discussions last week and from discussions at a far higher level than mine that our friends in Europe recognise that, too.

[Joanna Cherry]

I too attended a summit at the weekend in the wake of the Franco-British summit. It was a summit of British and French politicians and businessmen. The French businessmen told us that they are exasperated with Britain, that they want to know what Britain wants out of Brexit and that, if we do not say what we want soon, decisions will be taken that go against the UK’s interests. Does the hon. Gentleman agree that we require clarity rather than to crash out with no deal and no indication of what we want?

[Andrew Bowie]

I do not advocate, nor do I think anyone in the Government advocates, crashing out. The negotiations are ongoing, and what we want out of the negotiations is key to our getting a good deal from them.

[Andrew Bowie]

I will come to this in a second, but I am saying that I believe a good deal is very much on the cards. I have complete confidence that our negotiating team and the European Commission’s negotiators will get a deal that benefits both us and our friends and partners in the European Union.

[Joanna Cherry]

Is the hon. Gentleman able to provide the clarity that his colleagues in the Government have so far not been able to provide about what it is that Britain wants? What are the UK Government’s negotiating objectives? What kind of deal do they want with the EU27? Does he know the answers?

[Andrew Bowie]

I refer the hon. and learned Lady to the Prime Minister’s speeches at Lancaster House here in London and in Florence, which underlined absolutely what we are asking for from our negotiations with the European Union. I have full confidence in our negotiating team’s ability to achieve those objectives.

Despite the disappointment among our friends and allies on the continent that we are leaving, they recognise that that will free them up to take the EU down a path of their choosing—namely, further integration and co-operation—which would have been opposed and obstructed by the UK at every juncture. Let us be clear: a strong and united Europe is in our national interest. That is why we should do all we can to support it and to assist and work with our allies when and where we can. They know that a strong UK is in their interests. That is why a deal can and will be made, as President Tusk, President Juncker and various Heads of State have made clear.

All effort must go into securing that deal for our farmers, our fishermen, our traders, our bankers, our industrialists, our exporters and our importers, for British subjects in the EU and for European citizens in the UK. We parliamentarians must rally behind those negotiations. A good deal is in all our interests and in our constituents’ interests. Our negotiators are not best served by threats of a second referendum, flip-flopping over the single market or continual threats of another independence referendum in Scotland.

European Union (Withdrawal) Bill

Joanna Cherry Excerpts

Committee: 8th sitting: House of Commons
Wednesday 20th December 2017 Commons Chamber

[Mr Rees-Mogg]

I am very grateful to the hon. Lady for that. I think the point is important, and we should try to remember it.

A lot of the legislation that we pass can be explained to everybody—even to ourselves—in an understandable way. If we look at the Treasury Bench, we see some of the finest brains in Britain. They get up at the Dispatch Box and explain to us what is going to be passed into law, in terms that even Members of Parliament—including those of us who are not learned Members—can understand. I think that laws can be explained simply, and that is a worthy ambition.

New clause 21 makes the important point that during our period of membership, the EU increasingly turned out law that people did not understand. We have a golden opportunity to improve the quality of the legislation that we pass, improve people’s general understanding of it and improve our own understanding of it. Clarity is just and fair. I agree with my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), the former Chancellor of the Exchequer, that we want to apply this to our own work as well. There is no point in complaining about the European Union in that regard, but making our own laws incomprehensible. As an aside to what he said, one of the reasons why there is so much tax avoidance is that tax law is written in so complicated a manner.

Amendment 348 is important, and as the hon. Member for Sheffield Central (Paul Blomfield) rightly said, it touches on the subject of the Humble Address that was brought forward on 1 November. The Government have dealt with the matter, and it is important to look at what they have done in response to the Humble Address. Many Conservative Members have opposed the European Union on the grounds of parliamentary sovereignty and an understanding of the nature of our constitution. We must recognise that a Humble Address motion is unquestionably binding. That has always been the tradition of this place. It is quite clear from “Erskine May” that there is a profound duty on the Government to fulfil the terms of any Humble Address. It will be interesting to see how often the Opposition use that procedure over the next few years to try to get information from the Government.

It is worth noting why the Humble Address procedure fell out of practice. I think the real reason was that Governments tended to command sufficient majorities in the House that a Humble Address motion they opposed would not get through. In the situation of a very slim overall majority, with the help of our friends from the Democratic Unionist party—

[Joanna Cherry (Edinburgh South West) (SNP)]

Expensive help.

[Mr Rees-Mogg]

It is not expensive help. That is quite wrong. As the hon. and learned Lady knows, the £1 billion is less than was spent in Northern Ireland in the last Parliament. It is quite right that a Unionist party should help to form a Unionist Government.

Humble Addresses fell out of favour because they simply could not be got through. We need to look at how the Government responded to the Humble Address. My initial reaction was that the Government had not fulfilled the terms of the Humble Address, because it was not initially clear that the impact assessments did not, in fact, exist. The first indication was that the Government were nervous about producing information —they never said “impact assessments”—that might undermine the negotiating position. That seemed a sensible point to make, but not one that could conceivably override a Humble Address, which took precedence over it.

As the information was presented to the Exiting the European Union Committee, it became clear that the Government had been as helpful as they possibly could have been in producing information that had not, in fact, been requested by the Humble Address, which asked for something that did not exist. I think that technicalities in this field are important, and it is rational for Governments to follow them.

I happen to think that that is a lesson for the Opposition. If they are to call for Humble Addresses, they must make sure that those Humble Addresses are correctly—even pedantically—phrased to ensure that they are asking for something that really exists. I feel that the hon. Member for Sheffield Central was being unfair when he criticised the Government for failing to produce information that did not exist. The Government did as much as they could to produce the two folders—the 800 pages—of sectoral analysis. When we look through the record, we see that that is what the Government always admitted existed. The Government were careful to answer questions by referring to sectoral analyses, even if the questioner asked for impact assessments. That, I think, is where the misunderstanding developed that such impact assessments existed.

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[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I have the results of today’s deferred Divisions—I know you have all been anxiously awaiting them—which I will now announce. In respect of the question relating to local authorities (mayoral elections), the Ayes were 317 and the Noes were 231, while of those Members representing constituencies in England and Wales, the Ayes were 293 and the Noes were 221, so the Ayes have it. In respect of the question relating to combined authorities (mayoral elections), the Ayes were 317 and the Noes were 231, while of those Members representing constituencies in England, the Ayes were 285 and the Noes were 195, so the Ayes have it.

[The Division lists are published at the end of today’s debates.]

[Joanna Cherry]

It is always a little daunting to follow the hon. Member for North East Somerset (Mr Rees-Mogg). I thank him for his gracious offer that an SNP politician might wish to stand in his constituency, but I can inform him that the only Scottish politician looking for a safe seat in England at the moment is the leader of the Conservative and Unionist party. The rest of us are quite happy with our seats in Scotland, safe or otherwise.

I wish to speak to amendments 77 and 76, in the name of my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) and other SNP Members. Clause 13 and schedule 5 deal, as we have heard, with rules relating to publication and rules of evidence. SNP Members are less concerned with the rules relating to publication, although I would be interested to hear the Government’s response to the pertinent questions raised, as always, by the right hon. and learned Member for Beaconsfield (Mr Grieve). We are very happy with the idea—in the terms of schedule 5, paragraph 1—that:

“The Queen’s printer must make arrangements for the publication of”

these relevant instruments, but we share the concern that he very ably articulated as to why there might be certain instruments that would fall into a category that should not be published. It seems most odd.

We also welcome the amendments tabled by the hon. Member for Nottingham East (Mr Leslie) and in the name of the Labour Front Bench. We absolutely support any amendments that seek to achieve transparency and clarity. We also very much support amendment 348, which seeks to revisit the issue of impact assessments, because we share the concerns that were expressed from the Labour Front Bench, and by others who have intervened, about the sorry saga of the impact assessments. As my hon. Friend the Member for North East Fife (Stephen Gethins) explained in relation to a question he asked in 2016, there were occasions when the impression was given on the Floor of the House that economic impact assessments existed, no matter what might have been said in response to the Humble Address.

It is also worth bearing in mind that the Humble Address related only to sectoral impact assessments. It did not relate to the impact assessment that has been made in relation to the Scottish economy. It is worth reminding ourselves that both the Secretary of State for Exiting the European Union, in response to a question I asked when he gave evidence before the Exiting the EU Committee, and the Secretary of State for Scotland, in response to questions raised by the hon. Member for Edinburgh West (Christine Jardine), said that impact assessments in relation to the Scottish economy do exist, and that they will be shared with the Scottish Government.

[Stephen Gethins]

My hon. and learned Friend makes a powerful point. Will she put it to the Minister that the Secretary of State for Exiting the European Union told me in October 2016 not only that there were 51 sectors rather than 39—there was some confusion, and I thank the hon. Member for North East Somerset (Mr Rees-Mogg) for giving way to me on that—but that there was also an assessment that was promised to the Scottish Government back in 2016?

[Joanna Cherry]

Indeed. And more recently than 2016, following up on that, evidence has been given to two Select Committees of this House that impact assessments relating to the Scottish economy exist, and will be shared with the Scottish Government. I can tell the House that they have not as yet been shared with my colleagues in the Scottish Government, and we have not as yet had any clear backtracking as to the existence of these documents. No doubt that is something that will be pursued in the new year, but I very much welcome the commitment of Labour Front Benchers to continuing to pursue the issue of impact assessments because, as others have said, either they exist and they are not being shared with us—and we know that they do exist in relation to Scotland because we have been told that by two Government Ministers—or they have not been carried out, which is an extraordinary dereliction of duty by the Government if they care at all about protecting the economies of the various nations of these islands.

In relation to the SNP’s amendments to clause 13 and schedule 5, we are very much indebted to the expert assistance we have received from briefings prepared by the Law Society of Scotland for the benefit of all SNP Members, and we have worked closely with the society to inform some of our more legalistic amendments. Those amendments—76 and 77—stem from written evidence that the society has provided to various Committees of this House and the other place.

In the society’s response to the White Paper “Legislating for the United Kingdom’s Withdrawal from the European Union”—which many of us have now forgotten about; it seems a lifetime ago—the society recommended that once the process of identifying European Union-derived UK law was complete, that body of law should be collected in an easily identifiable and accessible collection. We believe that schedule 5, paragraph 1 is a significant step forward in that direction, and will be of significant assistance to those to whom this body of law will apply and their advisers, but we agree with the hon. Member for Nottingham East that matters would be assisted if they were published in plain English. We also agree with the right hon. and learned Member for Beaconsfield that the Government need to tell us why they want to give themselves the power to withhold publication of some of these instruments. It is hard to imagine what reason there could possibly be.

--- Later in debate ---

[Huw Merriman (Bexhill and Battle) (Con)]

The hon. and learned Lady is making a very interesting speech. Retained rights for EU citizens perhaps go that little bit further, because they are specific to EU citizens in this country—hence the reference, perhaps with a little more certainty, to the European Court of Justice—but she is seeking to imply that same strict standard for all retained EU law.

[Joanna Cherry]

The point I am seeking to make is that having vigorously resisted my amendment, which I tabled for the benefit of everybody living in the UK in relation to issues of certainty about the interpretation of retained EU law after exit day, the Government have now conceded some ground—they are going to provide that certainty for EU citizens living in the UK—so why, if it is good enough for EU citizens living in the UK, is it not good enough for UK citizens living in the UK? Perhaps even more importantly—this adds force to my argument—senior members of the judiciary, both current and retired, have very serious concerns that the wording in the Bill as it stands will involve them in having to make political decisions.

In the past few days, we have seen the kind of vicious opprobrium that can be levelled at those who are seen to have made political decisions on the constitution where the EU is concerned, and earlier this year we saw the level of opprobrium directed at senior members of the judiciary for applying the law. The judiciary’s concern, therefore, is very real. I am not here just to advocate for the judiciary; I am here to advocate for democracy, the separation of powers, and the protection of the constitution. I may well have, as my ultimate goal, an independent Scotland with its own written constitution, but as long as Scotland remains part of the United Kingdom I am very interested in preserving UK citizens’ rights and democracy in the UK as a whole and protecting the notion of separation of powers within the constitution.

The Government do not have to take my word for it. They should look very closely at the evidence given to the House of Lords EU Justice Sub-Committee on 21 November. Lord Hope of Craighead pointed out that clause 6(2), as presently drafted, gives them a discretionary freedom rather than an obligation. Lord Neuberger, the former President of the Supreme Court, said:

“Clause 6(2), as drafted—it is a matter for a judge whether, and if so in what way, to take into account a decision of the Court of Justice on the same point in the regulation or directive, rather than in our statute. The problem for a judge is whether to take into account diplomatic, political or economic factors when deciding whether to follow the decision of the CJEU. These are normally decisions for the legislature, either to make or to tell judges what to do. We talked about our system in this country of judges being given a wide discretion, but this is an uncomfortably wide discretion, because a judge will have to take into account, or in some cases will be asked to take into account, factors that are rather unusual for a judge to have to take into account and that have political implications. It would be better if we did not maintain this system of judges being free to take decisions into account if they saw fit, if they were given some guidance as to the factors which they can and cannot take into account. Otherwise we are getting judges to step into the political arena.”

The issue of how the judiciary are to be given guidance on the interpretation of retained EU law arises directly from the wording of schedule 5 and takes us back to the wording of clause 6(2).

[The Solicitor General (Robert Buckland)]

indicated dissent.

[Joanna Cherry]

The Solicitor General is raising his eyebrows at me, but if he looks carefully at schedule 5, as I am sure he has, he will see that it talks about the procedure for interpreting retained EU law. That is why I am revisiting these issues. I am also revisiting them because former Supreme Court judges Lord Neuberger and Lord Hope gave this evidence to the House of Lords after our discussions on clause 6(2) in this House. It is new evidence that the Government really should take away and look at before Report.

[Huw Merriman]

In a former career, I would take cases and seek direction from the courts on what they believed the law, or previous cases, were intending. Courts and judges are used to exercising discretion. Clause 6(2) makes it quite clear that they may do so if they consider it appropriate, in the same way they can refer to Commonwealth judgments if they believe that to be appropriate. I do not recognise the picture of the judiciary that the hon. and learned Lady is painting.

[Joanna Cherry]

I recognise it, because in my former career I appeared regularly in the Supreme Court of the UK and the supreme courts of Scotland. The hon. Gentleman may not recognise my concerns, but if he shares my professional background, he should recognise the concerns of senior members of the serving judiciary and the retired judiciary. These are very real concerns. They are telling us that clause 6(2), as currently drafted, on how they will be directed to interpret retained EU law after exit day, does not give them the clarity they desire and would leave in their provenance issues that are political and economic, and factors that, to use Lord Neuberger’s words, are rather unusual for a judge to have to take into account. This is complicated.

[Mr Grieve]

indicated assent.

--- Later in debate ---

[Joanna Cherry]

I am very grateful to the right hon. and learned Member for Beaconsfield for agreeing with me on this point. I would expect him to do so, because he, like me, will be paying very careful regard to what current senior judges and retired judges are saying.

I would like to conclude by quoting what Lord Thomas said to the House of Lords Committee after Lord Neuberger and Lord Hope had given their evidence. He said that he entirely agreed:

“It will be a very real problem for future judicial independence and the rule of law if this”—

the guidance—

“is not clarified.”

Put briefly, the problem is that leaving domestic courts free to make independent judgments on such crucial constitutional issues raises the prospect of politicising the judiciary’s institutional role in the Brexit process, resulting, potentially, in further regrettable attacks on the integrity of UK judges like those we saw earlier this year and last week. I therefore ask the Minister to address this problem before Report. I have no doubt that it will be addressed in the House of Lords, but I think it should be addressed in the elected House. The elected House should sort this out and not leave it to their lordships.

[The Solicitor General]

Given the spirit in which the hon. Member for Nottingham East (Mr Leslie) moved new clause 21, I was anticipating some form of Christmas truce, and that we would perhaps emerge from our trench lines and play football. As the debate went on, however—this is inevitable on such issues—divisions soon emerged. We have had quite a fierce debate on aspects of the policy surrounding our exit from the EU. First, there was the question of when an impact assessment is not an impact assessment. We then—I am not criticising the hon. and learned Member for Edinburgh South West (Joanna Cherry)—started down the road of, in effect, reopening the debate on clause 6(2). I did raise my eyebrows at her. I take the point that there is a link with schedule 5, but she will immediately recognise that the schedule tries to answer the old question of whether the recognition or understanding of EU law for the purposes of judicial interpretation is a question of fact or a question of law. It is a mechanism to an end, rather than the means of interpretation itself, which is of course within clause 6.

[Joanna Cherry]

My point is that, having rightly conceded that it is a question of law, the Government need to address how that law is interpreted by the judiciary.

--- Later in debate ---

[The Solicitor General]

My right hon. and learned Friend is not just a lawyer but an historian. He will know that a previous Solicitor General, the late Lord Howe, steered the Bill that became the 1972 Act through the House of Commons. I nod to his memory. He knew what he was about, and he helped to produce an extremely important and effective piece of legislation. I make no apology for replicating aspects of it in this Bill.

Let me reassure the hon. and learned Member for Edinburgh South West that the fact that the provision is in a schedule is not significant. It is on the face of the Bill—in primary legislation—and it receives the same high level of scrutiny that it would if it were one of the clauses. I think it only right that clause 13 is drafted in a general way and there is particularity in the schedule. That is good, modern drafting practice, as I am sure the hon. and learned Lady will acknowledge, given her extensive study of other Bills on which we have worked together.

[Joanna Cherry]

That was not just my concern. It was a concern expressed by the Law Society of Scotland which, as I have said, informed the SNP amendments. May I take up a point made by the right hon. and learned Member for Beaconsfield (Mr Grieve)? These are extremely sweeping powers, but they are tucked away in a schedule.

[The Solicitor General]

I take the hon. and learned Lady’s point with the utmost seriousness, as I hope I always do, but, with respect to her, I think there is no real significance to be attached to the fact that the provision is in a schedule. This is hardly the longest piece of legislation that the House will have seen, but it will certainly be one of the most pored over—and rightly so. The hon. and learned Lady is doing justice to that through her interventions.

Let me now deal directly with new clause 21. Of course I recognise the concerns raised by the hon. Member for Nottingham East, but I do not consider it feasible to impose a statutory duty requiring summaries of all retained direct EU legislation. The scale of that task would be hard to overstate. I have used the word Sisyphean before, and I think that it applies in this case.

According to EUR-Lex, the EU’s legal database, there are currently more than 12,000 EU regulations in force. To impose a statutory duty of requiring plain English summaries of them would, I think, be disproportionate, given that many explanatory materials have already been issued by the EU about EU law—and, indeed, by UK bodies, including the Health and Safety Executive. One example is documentation on the registration, evaluation, authorisation and restriction of chemicals regulations published by the European Chemicals Agency. That measure has been mentioned many times in the Committee. I believe that, at present, the law is accessible.

--- Later in debate ---

[Angela Smith]

The right hon. and learned Member for Rushcliffe (Mr Clarke) and my hon. Friend the Member for Nottingham East said that Ireland raised the point about the customs union and the hard border. That is why it is relevant to this clause. It is about trade between those two countries—the UK and the Republic. The point is that it is also about avoiding the hard border in relation to our other, very important, relationships with Ireland.

I ask every Member of this House to bear in mind the emotional and powerful speech made last week by our hon. Friend the Member for North Down (Lady Hermon). It is really important that we remember those days when the hard border between the two countries, and the troubles, delivered so much devastation, hatred and agony to the people of Northern Ireland. On those grounds alone, I ask people to support new clause 13 tonight, and I ask Members on the Opposition Benches, including Members of my own party, to support the new clause, because to do so is in the interests of the country and in the interests particularly of our friends in Northern Ireland.

[Joanna Cherry]

I rise to speak to new clause 44, which is in my name and those of a number of Opposition Members, and was moved by my hon. Friend the Member for North East Fife (Stephen Gethins).

This very important new clause would require the Government, a year after the Bill is passed, to prepare an independent evaluation of the Act in respect of the health and social care sector across the UK, after consulting with the devolved Governments. As well as cross-party support on the Opposition Benches—I am very grateful for the support of the Labour party and others—it has the support of 57 organisations that work in the sector. It was inspired by the Camphill movement, which will be familiar to many Members. It has a base in my constituency, in Tiphereth in the Pentland hills. The movement has been inspiring people to realise the potential of those with learning and other disabilities for many years. Camphill has many bases across Scotland. I very much hope Scottish Conservative MPs who have a base in their constituency will support the new clause, because it is not about stopping Brexit or confounding the Bill but about measuring the impact of the Act on employment and funding in the health and social care sector.

I am delighted that so many organisations across the United Kingdom have lent their support to new clause 44. I say to those on the Government Front Bench that tonight there are many people across the UK watching from the 57 organisations in the health and social care sector. They were watching earlier at Prime Minister’s questions when the Prime Minister told us how much healthcare matters to her and how dear the NHS is to her. I ask them to remember that many, many EU nationals work in the health and social care sector across the UK, not just in organisations such as Camphill. I would also say that EU funding has been very important to those organisations.

I ask the Government to set party politics aside for once and support the new clause. I ask them to look at the list of 57 organisations who support it—many Government Members will have them in their constituencies—because they want to know about the impact of the Act on the health and social care sector. All the new clause asks the Government to do is commission an independent evaluation of the Act’s impact on the sector.

There are many political things I could say about the Bill, but I am not going to say them this evening. With an eye on the time, I am going to appeal to the Government’s decency—for the record, I say to the many organisations watching tonight that I am sorry I have so little time—and ask them to throw party politics aside for once. Give us something out of the Bill and support the new clause. It has cross-party support on the Opposition Benches and support across the nations of these islands.

[Stephen Kinnock]

I raise to support amendment 43. Hon. Members will know that this year marks the 150th anniversary of Walter Bagehot’s “The English Constitution”. At the heart of Bagehot’s masterpiece is the definition of the expressive function of this place, meaning that it is our duty as parliamentarians to express the mind of the people on all matters that come before it.

Amendments 381 and 400 are a betrayal of the expressive function of this House. They are a silent coup d’état masquerading as a technical necessity, so before we go through the Division Lobby this evening, let us reflect on what Bagehot would think of them, and of the Government’s behaviour throughout this process. The fact is that he would be appalled. He would be appalled at the attempt to sideline Parliament on the most important issue that has faced our country since the second world war, and he would be appalled by the direct assault on the expressive function of this place.

There is, however, a broader point that goes to the heart of our political culture. Bagehot always believed, and I have always agreed with him, that Britain is a land of common sense, compromise and realism, but the Brexit referendum has replaced moderation with division and realism with dogma. I say that the wild men of Brexit have been allowed to drive this debate for too long. I say that amendment 43 represents an opportunity for us in this House this evening to take back control and to return moderation, compromise, realism and pragmatism to their rightful place at the heart of our political system and culture.

European Union (Withdrawal) Bill

Joanna Cherry Excerpts

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

[Tommy Sheppard]

No, the implication was clearly given that control would be taken back by the people. In fact, it seems that control is being taken back by the Executive. In as much as power is going anywhere, it is not coming into this Chamber, certainly at the moment.

[Joanna Cherry (Edinburgh South West) (SNP)]

I was struck by the rather sweeping statement by the right hon. Member for West Dorset (Sir Oliver Letwin), in reference to clause 7, that we apparently all know what “appropriate” means and that the courts will know what “appropriate” means. Does my hon. Friend, like me, look forward to hearing from the Minister what “appropriate” means, and does he, like me, agree with such distinguished lawyers as those at the Law Society of Scotland and JUSTICE that “appropriate” gives far too wide a discretion to the Government?

[Tommy Sheppard]

I do indeed, and I will come on to that in just one moment.

--- Later in debate ---

[Tommy Sheppard]

I accept that these things may be challenged, but I am trying to argue for a democratic process whereby it is the elected representatives of the people who debate and choose the policy direction in various areas.

[Joanna Cherry]

Is the point not really that, as has been pointed out by JUSTICE and the Law Society of Scotland, the term “appropriate” is so wide that it gives the courts a breadth of discretion that they themselves have told us that they do not want?

[Tommy Sheppard]

Indeed. That takes me nicely to my next point, which concerns the word “appropriate”.

--- Later in debate ---

[Mr Baker]

I will see whether, before I sit down, my memory can be jogged on an example of case law, but I am only a humble aerospace and software engineer and I do not mind saying to the right hon. Lady that I have sometimes observed that we dance on the head of a pin over particular words. In order to protect the law and the public purse, I think the Law Officers would require me to take appropriate advice from lawyers on the nature of these words and to abide by it as we proceed through the legislation.

[Joanna Cherry]

Earlier in our debate, the right hon. Member for West Dorset (Sir Oliver Letwin) said that we all know what “appropriate” means and so would a court. Can the Minister tell us what “appropriate” means in this context?

[Mr Baker]

I think what we would say to the hon. and learned Lady is that “appropriate” will follow the plain English definition, which she will find in various places, but what I want to do is move on.

I want to set out why it is important that the test of appropriateness extends to the use of the power in clauses 8 and 17, to which the right hon. Member for Ross, Skye and Lochaber has tabled amendments 205, 207, 208 and 216. For example, leaving the EU, the customs union and the single market may alter the way in which the UK complies with its international legal obligations in relation to taxation, and there will not always be a clear single choice about how to comply with those obligations. Clause 8 will give Ministers the flexibility, as necessary, to make those changes. Using the word “necessary” would risk constraining the use of the power to the extent that where it is appropriate for the UK to adjust our domestic legislation to ensure compliance with international obligations but where there are multiple ways to do so, we might not be able to ensure compliance with our important obligations under international law, thereby undermining the core intention of clause 8.

EU Exit Negotiations

Joanna Cherry Excerpts

Tuesday 5th December 2017 Commons Chamber

[Mr Davis]

As I said to my hon. Friend the Member for Eddisbury (Antoinette Sandbach), yes, but using things such as the mutual recognition and alignment of standards. That does not mean having the same standards; it means having ones that give similar results.

[Joanna Cherry (Edinburgh South West) (SNP)]

I understand that yesterday the Prime Minister had to withdraw her agreement to her own agreed text as a result of the DUP’s intervention. Does the Minister really think that it is acceptable for a British Prime Minister to have to conduct herself in such a way in international negotiations?

[Mr Davis]

I refer the hon. and learned Lady to the short speech given at the press conference by Jean-Claude Juncker, who clearly thought that the Prime Minister had carried herself off with great dignity and effectiveness.

Leaving the EU: Sectoral Impact Assessments

Joanna Cherry Excerpts

Tuesday 28th November 2017 Commons Chamber

[Mr Walker]

I can confirm that that was the right hon. and learned Member for Holborn and St Pancras (Keir Starmer).

[Joanna Cherry (Edinburgh South West) (SNP)]

The Minister has mentioned the devolved Administrations on a number of occasions. I am advised by Scottish Government colleagues that the documents they have received contain nothing substantial at all about Scotland. On 24 and 25 October, the Secretary of State for Scotland and the Secretary of State for Existing the European Union gave evidence—to the Scottish Affairs Committee and the Exiting the European Union Committee respectively—that assessments of Brexit’s impact on the Scottish economy existed and would be shared with the Scottish Government. Will the Minister confirm that those unedited documents will now be shared without further delay?

[Mr Walker]

I can confirm that the documents that are being shared with the Select Committee are also being shared in the usual way, with permanent secretaries of the devolved Administrations, on the same basis as they have been shared with the Select Committee. The sectoral analyses do, in many cases, contain important analyses of Scottish issues.