EU: Future Relationship White Paper

Debate between Kate Green and Dominic Raab

Thursday 12th July 2018 Commons Chamber

[Dominic Raab]

I thank my right hon. Friend. It will be done through the parliamentary lock, which means that this House ultimately can decide what goes into UK law, consistent with the outcome of the referendum. Of course, if we decide to renege on the commitment or to divert from the common rulebook, that will have consequences for the relationship that we strike with the EU. That is why there are review mechanisms and other mechanisms for resolving disputes, as and when they arise. In any international treaty that will provide a sustainable, enduring basis for the deep ties that we have with the EU on trade and security, we need to make sure that we have sensible proposals and mechanisms for ironing out creases in the relationship as they arise.

[Kate Green (Stretford and Urmston) (Lab)]

May I return again to paragraph 76? The Secretary of State said a few moments ago that he expected that future mobility arrangements in relation to industry needs for labour would be made through the medium of individual trade agreements, but business is already concerned about labour shortages in sectors such as care, hospitality, retail and agriculture. Does he really think that his answer offers the security of labour supply that business needs to know now that it will have in the immediate future?

[Dominic Raab]

Yes, we can cater for the needs of businesses and the UK economy without having an open-door approach to immigration.

Oral Answers to Questions

Debate between Kate Green and Dominic Raab

Monday 18th June 2018 Commons Chamber

[Kate Green (Stretford and Urmston) (Lab)]

The Government are currently consulting on sites for Traveller families. Rather than simply looking at more enforcement, which police chiefs and others say will not work, what positive solutions is the Minister considering, and will he meet the all-party parliamentary group for Gypsies, Travellers and Roma to discuss some of those positive alternatives?

[Dominic Raab]

I thank the hon. Lady for her question. I should certainly be very happy to receive any submissions from her. I think it is right that we increase the trend making authorised sites available and, at the same time, ensure that, through both local authority and police powers, enforcement and the rule of law apply to all members of our communities.

Oral Answers to Questions

Debate between Kate Green and Dominic Raab

Monday 22nd January 2018 Commons Chamber

[Dominic Raab]

My hon. Friend is absolutely right. In the 2015 autumn statement, the Chancellor set out our aim to release enough Government land by 2020 for 160,000 extra homes to be built. The Government are providing local authorities with money to help to facilitate that. I met Nick Walkley, the CEO of Homes England, last week to make sure that we get cracking on this top priority.

[Kate Green (Stretford and Urmston) (Lab)]

21. What recent assessment he has made of trends in the number of households in temporary accommodation.

European Union (Withdrawal) Bill

Debate between Kate Green and Dominic Raab

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

[Dominic Raab]

Perhaps shortly, but I am going to make some progress now, because I am hearing censorious noises from the Chair and I want to respond very obediently to them.

I turn to amendment 70, in the name of the right hon. Member for Ross, Skye and Lochaber (Ian Blackford). I think the sentiment behind the amendment is laudable, but I reassure the House that the amendment is unnecessary for the protection of rights. In fact, it is potentially counterproductive. Clause 4 will save all the directly effective rights that arise under the EU treaties to the extent that they are available now; that is the point that I wanted to get across to the hon. Member for North Down (Lady Hermon). We have deliberately not included a list of those directly effective rights in clause 4 or in the rest of the Bill, because there is no single, comprehensive and reliable list of all directly effective rights in the EU treaties. They are not set out in legislation—UK, EU or otherwise—but they are determined by the courts. Our approach is therefore based on procedural as well as substantive legal continuity.

The explanatory notes to the Bill set out a list of the articles from the treaty on the functioning of the European Union that the Government consider to contain directly effective rights, which will remain available in domestic law following our departure from the EU. That list, which includes article 157 on the right to equal pay, is intended to be illustrative of some of the rights that will continue to be available under clause 4. If we were to define a single list—especially if it was a non-exhaustive one—and legislate for it, we would inevitably run a significant risk of inadvertently omitting or mis-stating rights that individuals and businesses rely on, or suggesting to the courts that those rights were supposed to have a special status beyond the ones that were not listed.

We can reasonably expect individuals and businesses to want to rely on any list that we produced. Quite reasonably, they may not realise that they can rely on a wider set of rights that are not on any such list. The effect of amendment 70 would be at best to create legal uncertainty, and at worst—this is my concern—to mislead people about the rights available to them. The Government do not want that to happen, and I hope that I have persuaded the hon. Member for Airdrie and Shotts (Neil Gray) not to press the amendment.

I want to turn as briefly as possible—I will not take any further interventions to allow others to speak—to amendment 148, in the name of the hon. Member for Stretford and Urmston (Kate Green), who is in her place. It is important that the issue of children’s rights has been raised through the amendment, and I hope I can give her some reassurance. Most importantly, I want to reassure the Committee that the UK’s commitment to children’s rights and the UN convention on the rights of the child is and will remain unwavering. Our ability to support and safeguard children’s rights will not be affected by UK withdrawal from the EU.

Domestically, the rights and best interests of the child are protected in England primarily through the Children Act 1989 and the Adoption and Children Act 2002, as well as in other legislative measures. Scotland, Wales and Northern Ireland have their own measures for the protection of children’s rights, in accordance with the UN convention on the rights of the child.

The UK will of course continue to be a party to the UN convention, but amendment 148 is flawed in seeking to apply an EU principle of direct effect to a global UN treaty, which is of course governed by general principles of international treaty interpretation under the Vienna convention and customary international law. I am afraid that that is a recipe for legal confusion.

In any event, we already give effect to all our international obligations under the UN convention. For example, the Children Acts 1989 and 2004 set out a range of duties to safeguard and promote the welfare of children. In 2013, we issued statutory guidance to directors of children’s services, which requires them to have regard to the general principles of the convention and ensure that children and young people are involved in the development and delivery of local services. The Children and Social Work Act 2017 is a further example of how we constantly seek to make sure that we not only protect children’s rights but enhance them.

[Kate Green (Stretford and Urmston) (Lab)]

The Minister says that we already have a number of vehicles to ensure that we give effect to our obligations under the UN convention, but does he not accept that we have had cases in this country of decisions by the courts saying that legislation that is not compatible with the convention is, none the less, not unlawful?

[Dominic Raab]

As I have said, we continue to keep these matters under review. If there is a court decision, we will obviously comply with it, whatever it is. I suggest that her amendment would not meaningfully or practically enhance such rights. If what she wants to do is outside the scope of this vehicle—the snapshot that we are taking of EU law and reproducing in UK law—she should make the case for further innovations. She is of course at liberty to do so, and I would expect her to do so.