Exiting the EU and Transport

Kelvin Hopkins Excerpts

Wednesday 23rd November 2016 Commons Chamber

[Sir William Cash]

My response is quite simple: if we do not continue to have an efficient ports system because of the effect of the port services regulation, nothing that the hon. Gentleman says will make any difference to the fact that our ports will be put not only at a severe disadvantage, but in a dangerous situation vis-à-vis the other continental ports. However, despite the fact that there was an attempt to get state aid rules imported into the regulation, the ports employers believe that

“it is essential that legislation aimed at regulating less commercial ports on the continent does not cause unintended damage to the UK’s thriving commercial sector.”

On that basis, there is a matter of principle that affects our whole import and export business that goes through the ports.

The effect that the proposal will have is so obvious that I need not even attempt to explain it. It aims to regulate market access to port services, port charges and financial transparency. The ports employers say:

“The text as a whole”

—this is some time ago, but I will catch up in a moment with what they have said most recently—

“even if heavily amended, cannot deliver on its states aims. Instead, it will create severe legal uncertainty, reduce investment and will ultimately be detrimental to the safety standards and working conditions which currently exist in EU ports. EU ports may have different ownership structures, but all require a high level of confidence in a stable legal and policy framework in the long term if they are to operate safely”,

which is for the benefit of the workers,

“and contribute to the EU agenda for jobs and growth”,

which is vital to everyone, whether they are employers or workers in the ports.

The UKMPG goes on to say:

“The Port Services Regulation proposal does not provide such confidence and risks leaving a legacy of legal and practical difficulties across the EU.”

The UKMPG

“supports a return to the previous EU ports policy approach based round application of the general provisions of the Treaty reinforced, where appropriate, by guidelines on state aids.”

We now have Brexit so, as the hon. Member for Stoke-on-Trent South (Robert Flello) suggested in relation to the great repeal Bill, are we going to reach a point, as I think we must, where we transpose the legislation into UK law but then, through statutory instruments and our own decision within the framework of this Westminster jurisdiction, as a result of the decisions taken by the people of this country, including Government Members and Opposition Members—with the exception, I suspect, of SNP Members, but they will pay a price for this in their ports areas—[Interruption.] They may find this amusing, but there are people in the ports of Scotland who do not like the proposal and will resist it if they can. They will not be allowed to do so if the SNP can get away with it.

The bottom line is that this is an issue of great national interest. The European Scrutiny Committee has been following the matter for several years. We first recommended it for debate on the Floor of the House in July 2014—over two years ago. On 19 October, I wrote to the Minister:

“We understand that it is intended that the European Parliament will adopt this text for a First Reading Agreement at its 12-15 December plenary and we presume that this will be followed shortly by Council agreement.

You will understand, therefore, that the Committee expects that the Government will finally, after a disgracefully long delay”—

which I underlined several times—

“schedule the floor debate on the proposal which it and its predecessor have recommended.”

In fact, there have been two debates, which have been aborted. One of them, I can assure the House, was so shambolic that the Chairman of the Committee had to suspend the sitting. I will not go into the details of that—they are all on the record.

[Kelvin Hopkins (Luton North) (Lab)]

I have been involved in the European Scrutiny Committee for several years. I did not intend to intervene, but I am concerned about this issue. The hon. Gentleman is saying that we will take into British law what now exists as EU law, but we will selectively disapply parts of the EU legislation that do not suit Britain, and this might be one of those.

[Sir William Cash]

That is absolutely right. It is essential that we disapply this, for that reason. The mechanics of it will be left to statutory instruments, but we must reassert our jurisdiction over our ports.

As recently as 17 November, I wrote again to the Minister, saying:

“The Committee has asked me to emphasise to you and the Leader of the House that this debate should take place before the European Parliament adopts the text for a First Reading Agreement and the Council’s subsequent endorsement of this text.

Failure to meet this timetable would suggest contempt for the House and its legitimate scrutiny requirements.”

Although the issue has been going on since July 2014, we still have not had that debate. There is just time for us to have such a debate. Although this is a general debate about exiting the EU, a specific debate is not only recommended but, in effect, demanded by the European Scrutiny Committee, backed by the sort of language that I have had to use, demonstrating the importance of the issue and the need to get on with it. The other point that I must make is this: I have had no reply to those letters. At its meeting today, I am afraid that the European Scrutiny Committee registered its deep concern about the situation.

I received my latest statement from the ports industry this afternoon. I want to read it out, because it is important that the House knows the latest position:

“One further point…is that the UK Government has insisted on pursuing the inclusion in the PSR of a ‘Competitive Market exemption’ rather than the option of having an exemption for the privately financed ports on the face of the Regulation itself”,

which is what the industry has been seeking.

“It is this Competitive Market Exemption provision that was finally agreed in the informal trilogue discussions between the Council, the European Parliament and the European Commission earlier this year and which is now in the final draft version of the PSR due to come before the European Parliament in December. However, this ‘Competitive Market Exemption’ is not an exemption—it is a process by which Member States may apply to the European Commission for an exemption”,

as if they could expect to get it.

“Any application would be determined solely by the European Commission, may be limited in scope or time, and would relate only to certain Articles of the Regulation. In short, it offers no guarantees that the PSR would not be fully binding on UK ports.”

Mr Cooper, the spokesman at last week’s annual parliamentary reception of the United Kingdom Major Ports Group, who is also CEO of one of the largest port companies, also had this to say:

“I will not rehearse the arguments against this wretched piece of wholly unnecessary legislation, but, as the endgame approaches, it remains a totemic example of a Regulation imposed by Brussels which is a one-size-fits-all straitjacket that runs entirely counter to our national interest. In its present form the Regulation is significantly less damaging than it might have been—and, alongside the DfT, the port industry can claim considerable credit for that—but it is not a success that can be guaranteed over the long term. Many of the changes to reduce the scope and impact of the Regulation have been a function of short-term political expediency.”

The problem is this. It is inherent in the procedures of the European Union—in the Council of Ministers, the European Parliament and the European Commission—that we are in this situation. We cannot stop it without leaving the European Union. As the hon. Member for Stoke-on-Trent South says, the timetable in relation to the great repeal Bill is significant. However, this is a very good example. What is for sure is that if we repeal the legislation and follow Brexit to its logical conclusion—this applies to many other areas as well—the United Kingdom will be enabled to regain control: in this case, over its island ports and the business that goes in and out of them. It will do that under the Westminster jurisdiction, on the basis of a new ports Bill, after Brexit and after the great repeal Bill has gone through, for the benefit of people who work in the ports in an executive capacity as well as those working in the docks themselves—the workers, who deserve to be given a fair deal. The Government and the Opposition, recognising this, must appreciate that we need a proper debate about the issue. It is so important that we get this right for the benefit of the United Kingdom as a whole.

--- Later in debate ---

[Drew Hendry]

The hon. Gentleman makes a good point. So many issues are facing us that it is very difficult to pick out the single most important item. There are a lot of unanswered questions.

Is the plan to reach an agreement with the EU that the EEA channel will continue to operate in the UK, and that EU member states will allow UK citizens to use the EEA channel in the EU?

Regional airports are vital for connectivity within Scotland, but the reckless gamble with our EU membership has caused great uncertainty for these airports that could have a seriously detrimental impact on our economy. Scotland has a large number of regional airports, many of which are reliant on low-cost airlines and outbound tourism to survive and to be an economic success. The International Air Transport Association predicts that a 12% reduction in sterling would result in a 5% decline in outbound travel, while Ryanair has said that it is scaling back its expansion in the UK.

[Kelvin Hopkins]

Is it not the case that since 23 June, there has been a significant depreciation of sterling and a surge of people coming into Britain to buy things, because everything is cheaper here? Is that not good for businesses in Britain, including those in Scotland?

[Drew Hendry]

I am happy to answer that. When I was a retailer many years ago, the UK Government introduced an increase in VAT. Before that VAT increase hit, there was a rush to the shops to buy goods. After that increase hit, things fell through the floor, and I think we will see a similar effect.

Scotland has a large number of regional airports, many of which are reliant on low-cost airlines and outbound tourism to survive and to be an economic success. As I have said, the International Air Transport Association predicts a reduction in outbound travel. Since the EU referendum, sterling is down 25%. For airports such as Prestwick, it is even more vital that we continue the open skies agreement to maintain the number of outbound passengers, so it is incumbent on the UK Government to give an unequivocal guarantee that the UK will stay in the single aviation market after we are taken out of the EU. With 76% of UK holidays abroad being taken in the EU, outbound tourism is key for the industry. Outbound tourism employs more than 215,000 people across the UK, and it is a key driver in ensuring that our regional airports are successful. Remaining in the open skies single aviation market is vital to ensure that our airports remain economically viable, and low-cost airlines are vital if regional airports are to be a commercial success.

[Drew Hendry]

My hon. Friend makes a good point, and he underlines the theme that I am working on just now. This uncertainty is bad not only for business, but for consumers, passengers and everybody involved.

[Kelvin Hopkins]

The hon. Gentleman talked about exchange rates. I think that relative to the euro, sterling depreciated by far less than 25%. That is crucial, because that is where we have our serious trade imbalance. With the rest of the world, we have relatively good relations. The strength of the dollar has compounded the depreciation of sterling, but that depreciation will be beneficial to British industry, wherever we trade.

[Drew Hendry]

That is the kind of thing that somebody might want to put on the side of a bus. It has been a trait of previous UK Governments to take forever to make key transport decisions, but UK regional airports, including those in Scotland, do not have the luxury of waiting. For the sake of those airports, our businesses and our commuters, the UK Government need to provide a clear and unequivocal guarantee that any post-Brexit aviation agreement will not lead to a loss of investment and connectivity in Scotland if we end up outside the open skies agreement.

The current aviation policy framework sets out that airports cannot apply for a public service obligation or the connectivity fund because of the 60-minute rule, which means that a number of regional airports lose out. The Government’s EU gamble is putting potential investment in Scotland’s regional airports at risk. They need to think again and, in doing so, give regional airports a fighting economic chance.

The problems are not confined to aviation. Our maritime sector faces similar concerns. We have heard a fair bit about ports, but the maritime sector is worth €12 billion annually to the UK economy, and some 240,000 people are employed in the sector in the UK. Fifty-three per cent. of the UK’s imports and 45% of its exports are from the rest of the EU. It is estimated that approximately 3 million jobs in the UK are linked to trade with the rest of the EU. Currently, there is the freedom to trade. OECD rules could preclude any change, in so far as we are talking about the ability of a ship to call at an EU or UK port and to load and unload cargo and passengers, regardless of its flag and regardless of the nationality of its owner. UK-flagged ships could, however, lose their right to operate in the domestic trades of EU member states that maintain flag-based cabotage restrictions.

The British International Freight Association has said that its main concern is potentially losing the benefits of free trade and customs harmonisation with the EU single market:

“A return to tariffs for UK merchandise exports and imports, if this is the outcome...will be detrimental to UK trade with the EU, and may result in a…reduction in UK-EU maritime volume.”

As we have heard, the UK’s port sector is largely privately owned and run in a competitive environment, and is thus very different from those of many other EU member states. Oxera has also said that changes to the costs of trade with the EU are

“likely to affect the volumes and patterns of freight activity at ports, while the need for new customs checks on imports and exports is likely to cause considerable congestion at UK and mainland European ports.”

It suggests that any negative impact could be mitigated through EEA membership or free trade agreements, although delays in negotiations could mean a significant period trading under World Trade Organisation arrangements. Uncertainty will impact the industry and the people it employs, and drive up the price of goods, so what access arrangements will be in place?