United Kingdom Internal Market Bill
John Hayes ExcerptsMonday 14th September 2020
(3 years, 7 months ago)
Commons ChamberRead Full debate United Kingdom Internal Market Act 2020 View all United Kingdom Internal Market Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Notices of Amendments as at 11 September 2020 - (14 Sep 2020)
Jeremy Wright (Kenilworth and Southam) (Con)
The majority of the Bill is sensible and necessary for an effective United Kingdom single market when we are no longer subject to EU rules. My issue, as for others, is clauses 42, 43 and 45, which take what was agreed less than a year ago about the primacy of the withdrawal agreement over domestic law and reverse it. They are not a clarification but a contradiction of that agreement, and the Government are very clear about this: doing that would be breaking international law.
I agree that it is possible to break international law without automatically breaking domestic law. It is also true that Parliament is sovereign, and it can choose to break international law if it wants to, but the fact that an international law breach is not a domestic law breach and is not unconstitutional does not make it a good idea. The blatant and unilateral breach of a treaty commitment could be justified only in the most extreme and persuasive circumstances. The Government say that such circumstances are those in which no ongoing trade arrangement is made with the EU and where the Joint Committee established under the withdrawal agreement to resolve problems of interpretation is unable to do so, leaving the UK in an impossible position.
Sir John Hayes (South Holland and The Deepings) (Con)
That is the nub of the argument, is it not? These are exceptional circumstances. We are about to negotiate by far the most important agreement that this country has reached for the last 40 years. In those highly dynamic circumstances it is right that this Parliament should give the Government sufficient flexibility to get the best possible deal for Britain. That is what this is about, and that is why we should support the Bill.
Jeremy Wright
If my right hon. Friend will allow me, I will address exactly that point and what the Government could be doing instead of what they are proposing to do. Let me say first that the possibility of reaching no trade agreement and of deadlock in the Joint Committee was foreseeable yet when the withdrawal agreement was signed, and again when it was legislated for, the Government did not say that the risk of the outcomes they rely upon now undermined the deal on offer; they said then and they say now that this was a good deal. So what has changed?
That leads to the argument to which my right hon. Friend refers: that, unexpectedly, the European Union is now adopting an interpretation of the Northern Ireland protocol so outrageous and so far from a rational reading of that protocol that we could not have seen it coming and we could not possibly accept it, leaving no option but to abrogate ourselves the relevant parts of the protocol. But the withdrawal agreement sets out a mechanism for resolving disputes about interpretation, involving binding independent arbitration and penalties including the suspension of obligations under the agreement. If the EU’s new approach is so far from what the agreement intended, why would the Government not succeed in using that mechanism?
John Lamont
I am grateful for that point and completely agree with my hon. Friend. The Bill not only protects jobs but strengthens the bonds of the Union that ties the United Kingdom together. As well as remembering the history, we must understand what devolution is in the United Kingdom. It is a means of giving people in Scotland, Wales and Northern Ireland the freedom to craft policies and take decisions on matters that affect them, while continuing to derive all the benefits of membership of a unitary United Kingdom. Right from the very beginning, it has been a central assumption of devolution that matters essential to the operation of the United Kingdom would be decided at UK level.
This Parliament is the democratic embodiment of the United Kingdom, and it contains Members who have been elected on an equal basis and who represent every square inch of the United Kingdom. It is here that decisions affecting the UK as a whole should be taken, just as those that affect the whole of the European Union are taken in Brussels—a fact with which very few Opposition Members had any problems at the time. That inconsistency speaks volumes, especially when the net effect of Brexit will be a massive increase in devolved powers, including those on air quality, energy efficiency and elements of employment law. It is a further irony that SNP policy is to hand those new powers straight back to Brussels at the first available opportunity.
Sir John Hayes
As my hon. Friend knows, this Parliament is the guarantor of people’s freedoms. That is not about international arrangements or foreign Governments; this sovereign Parliament guarantees people’s freedoms in this country, and guarantees that the will of the people is expressed here and honoured. That seems to be lost on many critics of the Bill, and I hope that, like me, my hon. Friend will support it with enthusiasm.
John Lamont
I absolutely will support the Bill with enthusiasm. It protects the 500,000 jobs in Scotland that my hon. Friend the Member for Moray (Douglas Ross) mentioned earlier. This is about protecting the Union, and we should not forget that this Parliament is sovereign and a protector of the rule of law.
The Bill is about making the UK work as a fully integrated, seamless internal market. It is in the interests of every business trading across the United Kingdom, and of everyone who wants to make devolution work. It should be of no surprise that it is so hated by those whose sole political purpose is to destroy devolution by ripping Scotland out of this most important single United Kingdom market.
Oral Answers to Questions
John Hayes Excerpts(4 years, 1 month ago)
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The Prime Minister
I do not know quite what the hon. Lady means by excluding EU workers, since there are record numbers of EU workers currently in this country, and indeed more can come until the end of the year, when they can register. I have every confidence that we will solve the issue of social care. We will be bringing forward plans very shortly, which I hope will attract cross-party support, to ensure that everybody gets the dignity that they need in old age and nobody is forced to sell their home.
Sir John Hayes (South Holland and The Deepings) (Con)
My right hon. Friend has, with righteous zeal, acted to curb the early release of terrorist prisoners, but he must know that those plans will be put at risk by malign, bourgeois-liberal judicial activists, so will he, in the spirit of our wonderful new Attorney General, agree an urgent review of the legislative means they use to do their work and to put our people at risk and the Government’s plan to tackle that in jeopardy?
The Prime Minister
It is certainly true that people have been let out far too early, far too often. That is why we are not only looking into stopping the early release of serious sexual and violent offenders, but have already produced legislation to stop the early release of terrorist offenders.
European Union (Withdrawal Agreement) Bill
John Hayes ExcerptsFriday 20th December 2019
(4 years, 4 months ago)
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Sir William Cash
I agree with every word that my hon. Friend has said. For me, this has been a long journey. My first amendment on the question of sovereignty was in June 1986 during the Single European Act. I was not even allowed to debate it. I was cut off at the knees by one of your predecessors, Mr Deputy Speaker, for daring to suggest that the matter should be debated. The fact is that we then moved on to the Maastricht treaty, and I had the honour and privilege to help run and then lead the rebellion that was needed to stop European government, which is what that treaty was all about. Then we moved on to Nice, Amsterdam and Lisbon.
As I survey the landscape of the enormous change that is taking place today, I see exhausted volcanos of former Prime Ministers who have been constantly in the media telling us that we got Brexit wrong. No, we did not. Furthermore, not only did we get it right, but the British people 100% know that this is one of the great moments in British history. We have been shackled by the European Union. Yes, we will continue to trade with it. Yes, we will have global trading. Yes, we will have our democracy and our sovereignty back. This is a great moment in our history. I can only say that, as far as I am concerned, the most important clauses in this Bill are 29 and 38. One gives the right to the European Scrutiny Committee to determine whether matters of national vital interest need to be protected from legislation, which may well be brought in against us by the European Union from behind closed doors during the transition period. For example, the ports regulation, which was imposed on us only a few years ago, was objected to and absolutely resisted not only by Members of the Committee but by all the trade unions and port employers.
Sir William Cash
And by the former Minister as well. We were overridden by Europe. This Parliament was treated with contempt. The regulation was imposed despite the fact that we were completely against it.
The other important clause relates to parliamentary sovereignty. I am glad to note that the wording in that clause is identical in certain respects to that which I put forward in June 1986. Perhaps this long journey has been proved to be worthwhile.
I congratulate the Prime Minister on what he has achieved, and, above all else, I congratulate the voters of this country, particularly those in former Labour seats, for their decision. I was brought up in Sheffield and saw the destruction of the steel industry and the destruction of the coal industry. [Interruption.] No, it was done—[Interruption.] Look, I will not take any lessons from the hon. Member for Sheffield Central (Paul Blomfield). I voted against the closure of the coal pits. I was one of the very few people—[Interruption.] I am just telling you that it was the European coal and steel community that was at the root of the problem. As vice-chair of the coal communities all-party group, I can tell you that I worked with Labour Members of Parliament on these issues.
Sir John Hayes (South Holland and The Deepings) (Con)
Welcome to the Chair, Mr Deputy Speaker. I have no doubt that it is going to be a delight to serve under your enlightened chairmanship for many years.
Listening to this debate, I drew a contrast between the contribution of my right hon. Friend the Member for Ashford (Damian Green) and that of the right hon. Member for Leeds Central (Hilary Benn), who both campaigned for remain in the 2016 referendum. One has accepted the result but the other remains in denial. The debate in this House before the election was characterised by that contrast between the acceptance of the democratic will of the people and the perpetual denial of those who campaigned for remain but who cannot come to terms with the result.
The election result finally settles the matter. The Prime Minister, at some risk to himself and, indeed, to many of us, put his reputation on the line by saying to the British people, “Do you or don’t you trust me to deliver this?” The British people have delivered their verdict. They want us to deliver Brexit, not necessarily because they wanted to leave in the first place, but simply because they want the matter settled. They want to deliver the certainty that is critical for British business and for the integrity of our democracy. To have continued to frustrate the will of the people would have done untold harm to the very spirit that should imbue this place and that gives life and health to democratic legitimacy. That is why, beyond all else, I will vote for the Bill today.
But that is not the only reason. I have opposed the European Union consistently throughout my political career—indeed, stretching back into my boyhood, which was something like 40 years ago. I know it seems surprising and unlikely, but it was 40 years ago that I was a boy. I first advocated withdrawal from the European Union when I was a student at Nottingham University back in the late 1970s.
I did so because the European Union is regulatory. I remember countless occasions when civil servants would come to me and say, “It’s bad news from Europe, Minister. We’re looking at ways we can get around it, dilute it, avoid it.” I would say, “Well, do all you can,” as I did in respect of the ports directive referred to by my hon. Friend the Member for Stone (Sir William Cash). Yet I can never remember them saying, “Great news from Europe, Minister. This is going to be really beneficial for the British people.” The regulatory burden that has emanated from the European Union has been immensely unhelpful to Britain and the British economy, time after time.
I also oppose the European Union because it is costly. The latest House of Commons Library figures suggest that the net cost of our membership of this very expensive club is £8.9 billion. Indeed, we have been net contributors in every year since we joined in 1973 except, interestingly enough, 1975.
Sir John Hayes
That was the year of the referendum. In that one single year, we were a net beneficiary to the tune of £395 million. In every other year, we have been paying dear to bear this regulatory burden.
In addition to those reasons for my opposition to the European Union and all its excesses, I have a more fundamental reason. It is this: when power is exercised detached from the people it affects, it first becomes careless and ultimately becomes capricious. When people lose the ability to hold to account those who make decisions for them, democracy is undermined. That, in the end, is the reason why I campaigned with such vigour to leave the European Union in the referendum and have consistently argued so from my boyhood into my middle age, which I am now about to enjoy.
The denial that I described earlier is a test of character for Opposition Members. The test of character in victory is humility and the test of character in defeat is wisdom. The test for those who have adopted the position to vote against the Bill today—many of whom I respect, by the way, as individual Members of this House—is whether they will exercise such wisdom, for to vote against this Bill is not merely implausible; it is fundamentally unwise.
You will be glad to know, Mr Deputy Speaker, that that brings me to my concluding remarks. [Hon. Members: “No!”] I know that that will disappoint more Members than it pleases. None the less, I must make room for others to contribute. G. K. Chesterton wrote:
“How you think when you lose determines how long it will be until you win.”
I simply say to Opposition Members that how they behave now will determine how they are thought of now and into the future.
Let me finish on this note. I have spoken about my consistent position. There are critics of me—here and more broadly. [Hon. Members: “No!”] Not many, I acknowledge, but there are critics. However, one thing I cannot be criticised for is inconsistency. C. S. Lewis said that consistency is the mark of greatness. I just hope that if I remain consistent, one day I might be great, too.
Several hon. Members rose—
The Secretary of State for Exiting the European Union (Stephen Barclay)
I join the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) in welcoming new Members to the House, and in reflecting on the positive tone of the debate, which is in marked contrast with debates in the previous Parliament. I also join him in congratulating my hon. Friend the Member for Fareham (Suella Braverman), a new mum returning to make her valued contribution to this House.
The general election delivered a clear instruction to this House that we should leave the European Union. Parliament must now reflect the will of the country and make good on that democratic decision by backing this Bill. The Bill is not a victory for one side over another. The time has come to discard the old labels, to move from the past divisions and to come together as one United Kingdom.
Our country produced a mandate to leave the EU in 2016, but the previous Parliament rejected it time and again. It has taken a second vote to ensure that the mandate to leave is finally honoured. It is clear that the people did know in 2016 what they were voting for after all. Despite the efforts of those determined not to accept the referendum result, the House now has the opportunity to end the delay and to forge a new relationship, both with our neighbours in Europe and, indeed, within this House. In reflecting that spirit, I very much welcomed the speech of the hon. Member for South Shields (Mrs Lewell-Buck), who said that she would support the Bill in the Lobby today.
Before I turn to the substance of the Bill, may I congratulate the hon. Member for Belfast South (Claire Hanna) on her very impressive maiden speech? She showed that she will contribute greatly to the work of the House, and her point about reconciliation was timely. The hon. Member for North Down (Stephen Farry) also made an excellent maiden speech, as indeed did the hon. Member for Stirling (Alyn Smith), who spoke powerfully of his opposition to Brexit, albeit after leaving an EU institution to come here. He has started his own Brexit as we vote on the Bill.
The Bill delivers certainty for our citizens living in Europe, and EU citizens living here in the UK, by guaranteeing their rights as set out in part 3, including through an independent monitoring authority, which will rightly hold the Government to account. There will be a grace period to ensure that nobody is left behind in registering for the EU settlement scheme. The Bill also protects frontier workers. It recognises professional qualifications and, indeed, provides for fair rights of appeal. That is because we value the contribution of EU citizens who have built their lives in our country, and the Bill will guarantee their right to continue to do so.
Sir John Hayes
My right hon. Friend is right to draw attention to the value that has been given to this country by those who have travelled here, but the point about that, as he said when he spoke of accountability, is that such decisions should be made by this Parliament, which is accountable to the British people. That is why I anticipate our policies on migration, which we will now have a chance to effect as a result of the passage of this Bill.
Stephen Barclay
My right hon. Friend has always been a champion of the sovereignty of the House, and I will come on to how the Bill indeed champions the very sovereignty that I know he cares so passionately about.
The Bill also unlocks confidence for our businesses by ending dither and delay, which in turn will unlock huge new investment in our economy, ensuring more and better jobs. As my right hon. Friend has just reflected, the Bill provides control for our Parliament. Clause 1 reinforces the repeal of the Act, which brought European law into the UK. The Bill ensures parliamentary scrutiny through the European Scrutiny Committee in clause 29 and asserts parliamentary sovereignty through clause 38. The whole House will recognise the work of my hon. Friend the Member for Stone (Sir William Cash) on this and on so many other issues reflected in the Bill. The very essence of Brexit is that we will no longer outsource our decisions to others in Brussels.