Oral Answers to Questions

Debate between Joanna Cherry and Steve Baker

Thursday 14th June 2018 Commons Chamber

[Mr Baker]

Yes. The fundamental political right is that power should derive from the consent of the governed. In leaving the European Union, we will re-establish that consent on a basis that has been traditionally understood, which is that it is this Parliament that will determine the laws of the United Kingdom.

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

The Equality and Human Rights Commission has said that the loss of the charter of fundamental rights will lead to a significant weakening of the current system of human rights protections in the United Kingdom. Given that that is the advice of the Equality and Human Rights Commission, what specific steps is the Minister taking to prevent the loss of human rights protections following the loss of the charter of fundamental rights?

[Mr Baker]

We disagree with the commission. The charter of fundamental rights is only one element of the UK’s human rights architecture. Most of the rights protected in the charter are also protected in domestic law by common law, the Human Rights Act 1998 or other domestic legislation. The fact of the matter, which the hon. and learned Lady does not seem to wish to accept, is that this House has voted repeatedly on this very question.

Leaving the EU: Economic Analysis

Debate between Joanna Cherry and Steve Baker

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.

European Union (Withdrawal) Bill

Debate between Joanna Cherry and Steve Baker

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

[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.

European Union (Withdrawal) Bill

Debate between Joanna Cherry and Steve Baker

Committee: 1st sitting: House of Commons
Tuesday 14th November 2017 Commons Chamber

[Mr Baker]

I forget for the moment whether the hon. Lady voted for the triggering of article 50, but the House did trigger article 50, and the process is quite clear: two years after that, we leave the European Union.

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

I wonder whether the Minister is going to admit to the Committee that setting a date for exit is mere political window-dressing. The Prime Minister has told the House that if there is to be a transitional deal, which she wants, her understanding is that it will be under article 50. That means that we will be staying in the single market, staying in the customs union and subject to EU law during the transitional period, so this exit day is simply a sop to Back Benchers. When is the Minister going to tell them the truth?

[Mr Baker]

I will come to the implementation period in a moment, but one of the crucial points is that we need to become a third country in order to conclude our future relationship agreement. The Prime Minister set out in her Florence speech the outline of that implementation period, which would allow practical continuity under new arrangements that would enable us to be a third country and conclude the future relationship agreement.