European Union (Notification of Withdrawal) Bill

Debate between Keir Starmer and Lord Clarke of Nottingham

Committee: 2nd sitting: House of Commons
Tuesday 7th February 2017 Commons Chamber

[Keir Starmer]

At the moment, I agree that we should have as big a say as possible on all of this, but I do not want to understate what has been conceded in the last 10 minutes. I do take the point, but where we have made significant progress on scrutiny and accountability, we should recognise where we have got to.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

While I echo what the hon. and learned Gentleman has said, would he agree that instantly leaping on a concession may be a little unwise until we are quite clear what it amounts to? I recall that a concession on a plan led to a speech in Lancaster House, which did not take us very much further. I would like to be persuaded that a major concession has been made. Does he agree that it would be helpful, as we will not know quite what we are debating if we continue now, if the Minister tried to catch the Chairman’s eye after the hon. and learned Gentleman has sat down, so that he can explain in more detail what he is proposing? The substance of the debate on this group of proposals will then be altogether better informed.

[Keir Starmer]

I am grateful for the intervention, and I accept that point. Far be it from me to say what the procedure should be, but that would be helpful because some of what has been said has been heard for the first time today, and we need to reflect on it.

Parliamentary Scrutiny of Leaving the EU

Debate between Keir Starmer and Lord Clarke of Nottingham

Wednesday 12th October 2016 Commons Chamber

[Keir Starmer]

The priority should be the economy and jobs, which means access to the single market.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

rose—

[Claire Perry (Devizes) (Con)]

rose—

--- Later in debate ---

[Keir Starmer]

No, the referendum is not the mandate for the terms. We have been round this block and everybody understands the distinction. I have stood here and accepted that there is a mandate for exit. There is no mandate for the terms. It has never been put to the country; it has not even been put to the Secretary of State’s political party; and it has not been put to the House. Where is the mandate on the terms?

[Mr Kenneth Clarke]

Reference has been made to the Lisbon treaty, which may provide a rather useful precedent. Is the hon. and learned Gentleman aware that the policy on that treaty was debated repeatedly on the Floor of the House, beginning with the abortive European constitution. The then Government were accountable to the House for the view that they were taking towards the treaty, and the treaty itself was then debated for days on end on the Floor of the House, with repeated votes at several stages in that process. Nobody mentioned the words “royal prerogative” throughout the entire process.

Investigatory Powers Bill

Debate between Keir Starmer and Lord Clarke of Nottingham

Report: 1st sitting: House of Commons
Monday 6th June 2016 Commons Chamber

[Keir Starmer]

I actually said that that issue was being pressed for by Labour and the SNP—I think that is accurate—but of course I accept that in Committee, and outside, there has been constructive engagement by the Government. The Minister was quick to indicate a willingness to consider this issue, and discussions have been ongoing. It is important to have clarity so that legitimate trade union activities are protected. Our new clause is now broader than the one we considered in Committee because it goes to national security as well as economic wellbeing. It therefore covers trade union activities in this country, and not just acts outside the British Isles, as would be the case if it was just about economic wellbeing. Such constructive engagement has pushed the Bill forward.

As I said a moment ago, we have made significant demands—I do not hide that—and the Government have moved significantly in response to those demands. This is not a list of victories, scalps, concessions or U-turns; our demands were significant and we stuck by them, and in fairness the Government have responded in the right spirit—that is for those demands that we know about, although we will come to others during the debate.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

I am listening with interest because the question of an overriding privacy clause has concerned a lot of people. I was not involved in the Committee, and I am not a member of any Select Committees. I am waiting to hear whether the hon. and learned Gentleman is satisfied by new clause 5, which he appears to be. The drafting of legislation is always somewhat obscure nowadays, but does he think that the new clause is satisfactory? It says that the public authority should have regard to

“any other aspects of the public interest in the protection of privacy”.

Would he have preferred some reference to the right of a citizen of the United Kingdom to privacy? Does he think that there is a significant difference, or am I simply making a minor drafting point?

[Keir Starmer]

If the House is content, I will deal with that in detail later. I have tabled an alternative in new clause 21 precisely to tighten up the reference to human rights and public law. It might be easier if I deal with that point in a few minutes when I get to that provision.

Labour has asked for a revised test for judicial commissioners. Currently in the Bill, the test is reviewed by reference to judicial review principles. The concern is that the judicial review exercise is a flexible test that, at one end, has close scrutiny, when judges look at the substance as well as the process of the decision. At the other end, there is a light-touch review, when the judges look more at process. We have argued that the review should be towards the upper end of strict scrutiny. I am pleased that the Government this morning tabled a manuscript amendment setting out a test for the judicial commissioners that makes it clear that the review will be an upper-end, stricter one—the close scrutiny that we have argued for. That refers back to the privacy clause, and I will try to make good that link when I get to it.

The manuscript amendment is a constructive move by the Government to meet my concern that review must be real and meaningful, not a long-arm, Wednesbury-unreasonableness review. The manuscript amendment is a significant change.