1 Kit Malthouse debates involving the Department for Exiting the European Union

Wed 8th Feb 2017
European Union (Notification of Withdrawal) Bill
Commons Chamber

3rd reading: House of Commons & Committee: 3rd sitting: House of Commons & Report stage: House of Commons

European Union (Notification of Withdrawal) Bill

Kit Malthouse Excerpts
3rd reading: House of Commons & Committee: 3rd sitting: House of Commons & Report stage: House of Commons
Wednesday 8th February 2017

(7 years, 10 months ago)

Commons Chamber
Read Full debate European Union (Notification of Withdrawal) Act 2017 View all European Union (Notification of Withdrawal) Act 2017 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 8 February 2017 - (8 Feb 2017)
Kit Malthouse Portrait Kit Malthouse (North West Hampshire) (Con)
- Hansard - -

On a point of order, Mrs Laing. I spent a lot of time last night studying the large number of amendments that have been tabled for today, and I have to confess that I am concerned as to the admissibility of a large number of them. It is my understanding that amendments are not admissible—out of order—if they are vague or unintelligible without further amendment. As an example, I would like to bring to your attention some of the terms in new clause 2, the lead new clause in the debate. It appears to be very vague, implying that

“the Prime Minister shall give an undertaking to have regard to the public interest”

in a list of various—

Baroness Laing of Elderslie Portrait The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)
- Hansard - - - Excerpts

Order. I understand the point that the hon. Gentleman is making, but the matter that he is raising is a matter for debate. Some of the new clauses and amendments that were tabled were considered to be in order and have therefore been selected for debate. Some were not in order, and were therefore ineligible for selection for debate. That is not a matter of opinion; it is a matter of fact. I can assure the hon. Gentleman, although I have no obligation so to do, that the matter has been very carefully considered. New clause 2 is perfectly in order. He might well disagree with the points raised in it—indeed, I would expect him to—and I would expect him to make his disagreement known to the House in due course. For the moment, however, I can assure him and the House that new clause 2 is perfectly in order and that it will be debated.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

rose—

Baroness Laing of Elderslie Portrait The First Deputy Chairman
- Hansard - - - Excerpts

Further to that point of order? I am sure that the hon. Gentleman would not wish to question the judgment of the Chair.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

I am just asking for an explanation—

Baroness Laing of Elderslie Portrait The First Deputy Chairman
- Hansard - - - Excerpts

No; the hon. Gentleman will resume his seat, please. [Interruption.] I thank hon. Members, but I am perfectly capable of dealing with this matter. It is not in order for the hon. Gentleman to ask for an explanation. That would be to question the judgment of the Chair, which is—I should carefully say—a matter up with which I will not put. We will debate new clause 2, which will be moved by Mr Paul Blomfield.

New Clause 2

Conduct of negotiations

“Before giving any notification under Article 50(2) of the Treaty on European Union, the Prime Minister shall give an undertaking to have regard to the public interest during negotiations in—

(a) maintaining a stable and sustainable economy,

(b) preserving peace in Northern Ireland,

(c) having trading arrangements with the European Union for goods and services that are free of tariff and non-tariff barriers and further regulatory burdens,

(d) co-operation with the European Union in education, research and science, environment protection, and preventing and detecting serious and organised crime and terrorist activity,

(e) maintaining all existing social, economic, consumer and workers’ rights.”—(Paul Blomfield.)

This new clause sets out statutory objectives that the Government must have regard to whilst carrying out negotiations under article 50.

Brought up, and read the First time.

--- Later in debate ---
Paul Blomfield Portrait Paul Blomfield
- Hansard - - - Excerpts

I do indeed, which is why environmental protection is embedded in new clause 2, which also—

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

Will the hon. Gentleman give way?

Paul Blomfield Portrait Paul Blomfield
- Hansard - - - Excerpts

No; I shall try to make progress. I think Members will acknowledge that I have been fairly generous with my time.

New clause 2 would also make co-operation with the European Union on education, research and science, environmental protection, and the prevention and detection of serious and organised crime and terrorist activity, guiding negotiating principles in the negotiations. The Prime Minister talks the talk on research and science, but will she really commit? There is lots to talk about, but I shall take just one example, which is the basis of new clause 192. Tucked away in the explanatory notes is the revelation that the Bill will trigger our exit from Euratom—the European Atomic Energy Community. Whatever else can be claimed of their intentions, and much has been, I am pretty confident that on 23 June the British people did not vote against our leading role on nuclear energy, safety and research. It certainly was not on the ballot paper.

Euratom was established by a distinct treaty, and it would fly in the face of common sense to throw away membership of an organisation that brings such unequivocal benefit, yet the White Paper is as ambiguous on the Government’s intention as the Secretary of State was last week; it talks simply of “leaving Euratom”.

--- Later in debate ---
Paul Blomfield Portrait Paul Blomfield
- Hansard - - - Excerpts

I will not give way, because I wish to make progress.

The organisation also helps to ensure nuclear safety. Before the Secretary of State leaves the Chamber, let me tell him that it would be helpful for the Government to explain their intentions. I will give way to him or to the Minister of State, Department for Exiting the European Union, because the people in this country deserve to know what is happening in relation to Euratom; people voting in Copeland in a couple of weeks’ time want to know, as their jobs are on the line. I give the Secretary of State or indeed the Minister the opportunity to intervene on me to make an unambiguous statement that it is the Government’s intention to remain in Euratom.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

rose—

Paul Blomfield Portrait Paul Blomfield
- Hansard - - - Excerpts

I was providing the opportunity to those who can make a useful commitment. Their silence says everything.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

Will the hon. Gentleman give way?

Paul Blomfield Portrait Paul Blomfield
- Hansard - - - Excerpts

No, I will not.

Clearly, there is much more to be said about our future relationship. There are many more people who wish to speak and many more amendments to be moved. I will draw my remarks to a close—[Interruption.] It is disappointing for me, too.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

rose

Paul Blomfield Portrait Paul Blomfield
- Hansard - - - Excerpts

I will draw my remarks to a close.

--- Later in debate ---
John Redwood Portrait John Redwood
- Hansard - - - Excerpts

I think that we have teased out something very important in this debate. The Opposition want no barriers against ferocious competition from agriculture on the continent, which has undoubtedly damaged an awful lot of Welsh, Scottish and English farms, but they want maximum tariff barriers to trade with the rest of the world so that we still have to buy dear food. That does not seem to be an appealing package.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

My right hon. Friend might be interested to know that just last week I visited Randall Parker Foods in my constituency, a company that slaughters and processes several hundred thousand Welsh lambs every year and that is salivating at the chance of opening up the US market, in particular, where Welsh lamb is under-represented and where there is huge potential for us to export more than we do.

John Redwood Portrait John Redwood
- Hansard - - - Excerpts

Like my hon. Friend, I think that there are some great English, Welsh, Scottish and Northern Irish agricultural products, and that with the right tariff system with the rest of the world we could do considerably better with our quality products.

--- Later in debate ---
Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - - - Excerpts

I did not accept the argument that TTIP would undermine our NHS, and I did not receive any representations from my farmers about its impact on them. I was concerned about the French introducing cultural protections, but felt that we were getting close to a free trade agreement thanks to the negotiating power of the European Union.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

Further to the intervention from my right hon. Friend the Member for Hitchin and Harpenden (Mr Lilley), I wonder whether the logical extension of the argument of my right hon. Friend the Member for Wantage (Mr Vaizey) is that we should withdraw from the World Trade Organisation. For example, is it fair that the textile workers of Leicester were exposed through our WTO membership to the textile industry in China, which has largely meant a transfer of that industry to that country?

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - - - Excerpts

My argument is simply that it will be very difficult to negotiate the free trade agreements that people talk about. It is a very unconstructive and unhelpful argument and will not take us very far. It is more therapy on my part because I feel so frustrated that the tone of the debate since the referendum has been so awful and unpleasant; that we forget that 48% of the country voted to stay in the European Union; and that we are unable to build a consensus on the way forward. The remain part of the House and the country has, by and large, accepted that the referendum result is clear and decisive, and that it will take us out of the EU. We want to work extremely constructively to make that happen, despite my earlier remarks. We are urging all sides to have a realistic assessment of how difficult it will be so that we can work together in the national interest.

--- Later in debate ---
Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - - - Excerpts

I hear what the right hon. Gentleman says, but I have known the Secretary of State for Business, Energy and Industrial Strategy for many years and shared many warm cups of tea with him, so I accept his warm words. I fully expect him to be in his post for several years to take this forward.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

My right hon. Friend is concerned about Euratom. Has he considered the alternative? Given that in the last funding round Euratom had to fight very hard to try to maintain its funding, a position it is unlikely to be able to maintain in future, and the fact that the largest single contributors to Horizon 2020, the Germans, have taken the decision to phase out their civil nuclear programme all together, is he not concerned that over the next couple of decades continued membership of Euratom might expose us to diminishing research funding? Exit from the EU could provide us with the opportunity to partner bilaterally with other countries, as we do already with India and South Korea, and therefore expose ourselves to a wider pool of research.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - - - Excerpts

My hon. Friend makes an interesting point. In fact, in answering him I may slightly contradict my earlier rant. I have significant concerns that our exit from the EU could potentially damage British science because of our close collaboration with the EU, but some scientists in my constituency have pointed out that there is a danger of our becoming too inward-looking in only seeking European scientific collaboration. Whatever one thinks of other issues, China is certainly becoming a much more important player in scientific research. There may be a silver lining to the withdrawal from Euratom.

My hon. Friend is also right to point out that securing funding for nuclear fusion is no easy task. In some respects, nuclear fusion is always the gold at the end of the rainbow. Nevertheless, it is extremely important research and I support it 100%, both in general and for the impact it has on my constituency.

I have taken so long that Mrs Laing has turned into Mr Howarth. Having made a gentle jibe earlier at the hon. and learned Member for Edinburgh South West, I see that I have taken up an inordinate amount of the Committee’s time, so I will sit down. I simply reiterate that I stand foursquare behind EU citizens living in our country. Please do not keep banging on about how easy free trade is going to be and please secure our nuclear relationships as far as possible.

--- Later in debate ---
Mike Gapes Portrait Mike Gapes
- Hansard - - - Excerpts

Thank you, Mr Howarth. I referred to my nine amendments, two of which are minor and drafting amendments. Amendment 23 states that we should, “by 31 March 2017”, notify the country’s intention to leave the EU. I was surprised at the lack of a date in the Bill, given the Prime Minister’s commitment to triggering article 50 by 31 March. I would have thought all Government Members would be prepared to support the amendment, given that it is entirely in line with what the Prime Minister said. For some reason, however, it does not seem to be acceptable to them; I do not know why. Perhaps a Minister could explain that later.

I mentioned amendment 31, on Euratom. Amendment 30 refers to the European Defence Agency. Defence co-operation within the European Union is vital. There is a large number of major defence projects with a components arrangement, whereby parts from one country are assembled in another. For many years, there have been such collaborative arrangements. Frankly, the British defence industry is unable to compete without international involvement. Some companies have moved offshore, in the sense that they have moved across the Atlantic, while others in this country are joint collaborative arrangements. Thales, originally a French company, is now very much a British defence manufacturer. For many reasons, if our defence industry is to be competitive and provide jobs for tens of thousands of highly skilled people in this country, we have to keep that defence industrial base, but that will be possible only through joint collaboration; otherwise, European manufacturers will be swept aside by the United States or other parts of the world. We have seen that already in the way that industries have shifted to Asia.

Anybody who wants to see the whole manufacturing process of a motor vehicle has to go to South Korea, where they press the steel, have the paint shops and engine plants, and fit out the vehicles. When I was a young man in the 1960s, I went on a school visit to Ford Dagenham. I was struck by the noise and the smell of paint. I was 17 years old. I had never been in a place like it. At that point, I realised that making cars was a massive, complex process. The only time I have seen a place like it subsequently was when I went to Hyundai motors in Korea, where I saw the sheets of steel to be pressed. When I more recently visited the Ford Dagenham plant, which is not far from my constituency, all I saw were men in white coats walking around, adjusting things in a complex process, with lots of robots and diesel engines. That is the contrast. We need to think about this. When we leave the EU, we have to make sure that our manufacturing industry, and within that, the defence sector, is maintained and strengthened.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

rose—

Mike Gapes Portrait Mike Gapes
- Hansard - - - Excerpts

I will give way briefly. I will not take too many interventions, though, because I am conscious that other people wish to speak.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

The hon. Gentleman makes an interesting point, but will he accept that our membership of the EU has seen a transfer of industries and factories from the UK to eastern Europe and others parts of the EU? Not least of those is Cadbury, which transferred manufacturing to other parts of the EU.

Mike Gapes Portrait Mike Gapes
- Hansard - - - Excerpts

The hon. Gentleman will find that globalisation and the expansion of the wealth of the world, led by regional trading blocs such as the EU, have led to a significant change in the types of industries located in particular countries. Hundreds of millions of people have been taken out of poverty because of industrialisation in China. The same thing is happening in Vietnam, the Philippines and India. Globalisation is affecting everyone. He refers to eastern Europe. Yes, the days when the polluting Trabi cars were being made in the German Democratic Republic, and when Škoda vehicles were regarded as a joke, have gone.

There is now high-quality manufacturing in many countries throughout Europe, but they often have integrated supply chains, which is why Ford Dagenham makes diesel engines for cars also manufactured in Belgium, Spain and other European countries. That is the nature of modern capitalism and the global world. The danger in our leaving the EU is that we could make those industries in this country less successful and put tens of thousands of jobs at risk.

--- Later in debate ---
Mike Gapes Portrait Mike Gapes
- Hansard - - - Excerpts

I do not wish to give advice to the other place, because it is possible to get into trouble if we do that. I simply say that it is fortunate for democracy and accountability that there is an opportunity for the other place to give more consideration and time to these matters, without being subjected to programme motions in the same way as we are.

I am grateful for the opportunity to speak to these amendments. I shall support new clause 2 and a number of other amendments, but particularly my amendment 29.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

It is a pleasure to follow the hon. Member for Ilford South (Mike Gapes), and more particularly to hear the intervention from the right hon. Member for Birmingham, Hodge Hill (Liam Byrne). That is the spirit; that is what we want to see; that is what we want for the future.

May I first offer an apology, Mr Howarth, to the previous incumbent of the Chair for having the temerity to challenge the opening of the debate. The infallibility of the Chair has been on display in this House over the last three or four days, and I was mistaken to think that I should join the chorus of doubts about the Chair’s decisions.

I have listened very carefully to the debate over the last two and a half days, both within the Chamber and while sitting in my office watching the television. Sadly, what I have heard is, broadly speaking, a three-day ululation by those who voted to remain about what is to come. We seem to have lost sight of the fact that, as far as I can see, we are trying to make the law in this Chamber, rather than debating the merits or otherwise of the decision that was made by the people on 23 June. That has resulted in some very poor drafting of amendments and new clauses, a huge number of which have been tabled to this very simple Bill.

I want to expand on my earlier point of order, and to explain why I cannot support the vast majority of the new clauses and amendments. Let me deal first with those tabled in the name of the Leader of the Opposition and various other Labour Members, including the hon. Member for Nottingham East (Chris Leslie). They constitute a large shopping list of things that Members would like the Prime Minister to take into account, but there are a number of omissions. Other Members have included some of the missing provisions, but they have also missed one or two. For instance, they seem to have forgotten to compel the Prime Minister to breathe or keep her eyes open.

When we add up the list of things that Members are demanding that the Prime Minister take into account during her negotiations and discussions with our European friends, we see that her scope would become extremely limited if we were to pass any of these new clauses. My main objection to them relates to their vagueness. New clause 2, for instance, contains plenty of material that gave me reason for thought. It states that

“the Prime Minister shall give an undertaking”.

To whom should she give that undertaking? Should she give it to her husband, or to the House? It is very imprecise. It also does not specify the form of the undertaking. Should it be written on the back of an envelope? We are writing legislation in this House, and it is incumbent on us to be precise. I raised the point of order about the new clauses being vague and therefore out of order because that is exactly what they are.

Geraint Davies Portrait Geraint Davies
- Hansard - - - Excerpts

On a point of order, Mr Howarth. The hon. Gentleman made a point of order saying that the new clauses were out of order, and was ruled out of order. Now he is saying that his point of order was in order, so I suggest that he is out of order.

George Howarth Portrait The Temporary Chairman (Mr George Howarth)
- Hansard - - - Excerpts

The hon. Gentleman’s point of order, although very entertaining, was not a point of order.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

Thank you, Mr Howarth. The previous occupant of the Chair corrected me, and said that my point of order was a matter for debate in the Chamber and not, in fact, a point of order. Debating it is therefore exactly what I am attempting to do.

Angus Brendan MacNeil Portrait Mr MacNeil
- Hansard - - - Excerpts

The hon. Gentleman said that he could not support the “vast majority” of the new clauses and amendments, which presumably means that he can support some of them. I wonder whether he is able to support amendment 29, which was tabled by Labour Members but is backed by the SNP, and which would insert the words

“after consultation with the Government of Gibraltar”.

It is quite simple. Will the hon. Gentleman stand with the people of Gibraltar, or will he not?

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

The hon. Gentleman is quite right. I did say “the vast majority”. I should not have said that until I had managed to read them all, but I must confess that even my enormous stamina started to wane at one in the morning when I was two-thirds of the way through them. I have not read them all, which is why I am sitting here listening, so I shall have to mull over that decision over the next few hours.

As I was saying, we do not know what the form of the undertaking is to be, we do not know to whom it is to be made, and, critically, we do not know what the sanction is. If the Prime Minister says “Do you know what? No”, what are we to do? Are we to send her to the Tower? Is she not to participate in the elections?

Mark Harper Portrait Mr Harper
- Hansard - - - Excerpts

According to my reading of the new clause, the sanction is that until the Prime Minister has given the undertaking, she cannot proceed with giving notice under article 50, which I suspect is the intention of those who tabled the new clause. These new clauses are festooned with mechanisms for not giving notice under article 50, which is the entire purpose of the Bill.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

I think that my right hon. Friend is being quite generous. As far as I can see, the huge number of new clauses and amendments is designed purely to waste time and to delay, and to send political signals rather than trying to achieve anything. The hon. Member for Ilford South complained about the programme motion. If the opponents of the Bill, or those who wish to amend it, had collaborated and focused on three or four critical changes that they wanted to see, rather than throwing a lot of flak in the air and causing all these problems, they might have made some progress.

Andrew Murrison Portrait Dr Murrison
- Hansard - - - Excerpts

My hon. Friend is making a number of extremely good points, but is not vagueness the virtue as far as the drafters of the new clauses and amendments are concerned? If passed, they would turn a simple one-page Bill into an absolute monster that would be subject to a lawyers’ beanfeast and would be judiciable at every turn, thus kicking the Bill into the long grass.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

I agree, although the word I would use is “simplicity”. With simplicity comes clarity, and we need clarity from the Prime Minister, as she enters the negotiations, about the motivations of the House and its support for her.

My other reason for objecting to new clause 2 is that it abrogates to the Prime Minister decisions that will rightly become the decisions of the House in the future. Paragraph (e) states that the Prime Minister should have regard to

“maintaining all existing social, economic, consumer and workers’ rights.”

Apart from anything else, I am not sure what my social or economic rights are. They are undefined in the Bill. But, in future, those decisions will presumably become decisions of the House. If there are to be any changes in those rights, undefined as they are, they will have to be the subject of primary legislation.

Caroline Lucas Portrait Caroline Lucas
- Hansard - - - Excerpts

I do wish that the hon. Gentleman would inform himself before making his points. We already know from the White Paper that the Government have said that it will be possible for plenty of these measures to be reformed in secondary legislation. In other words, it will not be subject to parliamentary scrutiny. The hon. Gentleman may not care about his own economic, social and environmental rights, but Opposition Members have constituents who do care. We are trying to do our job properly; it is a pity that the hon. Gentleman is not.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

I am sure that the hon. Lady did not mean to be rude—

Caroline Lucas Portrait Caroline Lucas
- Hansard - - - Excerpts

I did. [Laughter.]

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

Perhaps she did. I admit that I am a relative newcomer to the House, but, as I understand it, even secondary legislation can be forced into debate on the Floor of the House by the Opposition parties. They can table motions, and there can be Back-Bench debates. All sorts of scrutiny of secondary legislation is possible. Indeed, there are ways in which the Opposition can strike down such legislation once it is before the House, if they wish to do so. It is not as if we were without powers in such circumstances.

Mark Harper Portrait Mr Harper
- Hansard - - - Excerpts

May I help my hon. Friend and, in particular, the hon. Member for Brighton, Pavilion (Caroline Lucas)? It is made clear in the White Paper—an undertaking that the Prime Minister has already given to the House—that any significant policy changes will be underpinned by primary legislation, which means that the House can be given a full opportunity to debate them. It is also clear that secondary legislation, under the great repeal Bill, will be used only to address deficiencies in the preserved law, which will relate to the fact that we will not, for example, be able to use EU institutions. I think that that is very clear, and preserves the rights and privileges of the House to protect our constituents.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

My right hon. Friend is quite right.

Lord Lilley Portrait Mr Lilley
- Hansard - - - Excerpts

Is my hon. Friend not puzzled about why the hon. Member for Brighton, Pavilion (Caroline Lucas) and others now want to be able to vote on and control legislation on whole swathes of which, for the last 40 years, they have been content to have no vote—no vote before negotiations, no vote during negotiations, no vote at the end of negotiations—and no power to destroy an EU regulation even if every Member voted against it.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

My right hon. Friend has neatly drawn attention to the fundamental paradox that sits at the base of all remainer arguments.

When we come to new clause 77, I think we have reached what I would call peak nonsense. The new clause, tabled by the hon. Member for Nottingham East, states:

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of retaining full participation in the making of all rules affecting trade in goods and services in the European Union.”

That effectively means remaining members of the Commission, members of the Parliament, and members of the Council of Ministers, or else not leaving the EU. As far as I can see, that is indeed peak nonsense. Yet again, we see bad legislation and bad law.

Chris Leslie Portrait Chris Leslie
- Hansard - - - Excerpts

The hon. Gentleman should perhaps take another look at new clause 77. It makes the point about the need for the UK to retain its role around the table as a rule maker in our tariff arrangements for trade. There are some serious issues to do with our position in the customs union and so forth, and I suggest that Britain should retain its role around the table. Does the hon. Gentleman disagree?

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

No, that is not what it says. If the hon. Member reads the Member’s explanatory statement to the amendment he will see that it says:

“This new clause would require HM Government to negotiate to continue the UK’s participation on agreeing all rules affecting trade in goods and services in the European Union.”

My understanding is that those rules are made by the Commission and agreed by the Council of Ministers and the Parliament, so we would have to stay around all those tables.

Tom Tugendhat Portrait Tom Tugendhat (Tonbridge and Malling) (Con)
- Hansard - - - Excerpts

Should we pass this new clause, will the Act of Parliament therefore be binding on the other 27 members, who will therefore, because we willed it, be forced to accept our presence at their table, despite our having left all the organisations that we have left? Does my hon. Friend think that this is in any way enforceable? If not, is it not slightly fallacious even to debate it?

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

My hon. Friend rightly points out that, as with all of these amendments, even if this does not happen, there is nothing to be done. There is no sanction; there would just be a shrug of the shoulders, and we would have to turn our back and ask the hon. Member for Nottingham East what we are supposed to do next if we cannot manage to comply with his amendment. It really is nonsense. I know the hon. Gentleman has ambitions within his party, but he will have to do a little bit better than produce stuff like this.

Again, new clause 179 on protecting current levels of funding states:

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of protecting current funding from the European Union.”

Funding to whom? Which funding? All funding? The funding that we send? The funding that comes back? Defence spend? Funding to us, or funding to other countries? The vagueness of these new clauses is extraordinary.

Again, new clause 183 on membership of the single market including EU-wide reform of freedom of movement states:

“secure reforms of provisions governing the free movement of persons between EU member states in such a way as to allow for greater controls over movement of people for member states”.

That is all very vague, as is

“maintain the highest possible level of integration with the European single market.”

What does that mean? What is the highest possible level of integration? Perhaps that means membership.

Oliver Letwin Portrait Sir Oliver Letwin
- Hansard - - - Excerpts

I think my hon. Friend is being a little uncharitable. He seems to be assuming that these new clauses are without purpose, but, as was recently pointed out, they have a very definite purpose: were they to be passed, it would be impossible for the Government to proceed with article 50. It would be in the courts certainly for years, possibly for decades, and maybe even for centuries. A very conscious policy of great intelligence is being followed here. My hon. Friend is underestimating the ingenuity of the Opposition.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

My right hon. Friend may well be right. Perhaps I am—

George Howarth Portrait The Temporary Chair (Mr George Howarth)
- Hansard - - - Excerpts

Order. While the hon. Gentleman is perfectly entitled to debate the quality or otherwise of any amendments or new clauses, he needs to acknowledge that the Chair has deemed all of them to be within scope. So whatever the purpose or otherwise behind them, they are within the scope of the Bill.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

I am grateful to you for that direction, Mr Howarth, but the previous incumbent of the Chair told me that that was a matter for debate on the Floor of the House, and that we were allowed to debate the merit—

George Howarth Portrait The Temporary Chair
- Hansard - - - Excerpts

Order. And that is exactly what I have just said.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

Anyway, I have come to the end of my peroration on that particular point and I have a couple of other points.

Quite a lot of these amendments are unenforceable and nonsensical and cannot be supported. I will listen to the rest of the debate and discover whether there are any substantive ones in this potpourri that has been thrown up in the air, as my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) says, to try to fog the issue or create legal difficulties in the future. But for the moment I am afraid I am not able to support the vast majority of them, although I have not read every single one yet.

I wish to make two further points. First, I want to reiterate what I said earlier about Euratom and the nuclear industry. The nuclear industry is of course incredibly important not just to the UK, but to the rest of the world. The UK is a serious nuclear power; there is serious, deep research going on here into the future of nuclear fission and fusion. But we have to recognise that things are changing in the EU nuclear research landscape, and be aware of those decisions, and take them into account when we consider our future association with Euratom.

There is now only one serious nuclear power in the EU, which is France. Germany has taken the decision to withdraw completely from the civil nuclear programme. Belgium is the only other country with a significant number of reactors, but France, with 58 reactors, is the only country truly putting effort into nuclear research, and of course we are fortunate in this country in having a bilateral nuclear collaboration agreement with France.

Angela Smith Portrait Angela Smith
- Hansard - - - Excerpts

Sheffield’s Advanced Manufacturing Research Centre is the heart of nuclear technology research in this country. The hon. Gentleman ought to think again about his statement.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

I am not quite sure what the hon. Lady thinks I said. I said there were broadly two serious nuclear powers in the EU at the moment, the UK and France, and that we are fortunate in having a bilateral agreement signed in 2010 with the French to deepen and widen our collaboration on nuclear research. Our exit from Euratom, which looks like it is going to happen, will not affect that at all. Those bilateral relations and that research will continue. In particular, our participation in the Jules Horowitz Reactor project in southern France can continue, not least because there are a number of non-EU members in that fantastic materials testing programme at the moment.

Theresa Villiers Portrait Mrs Theresa Villiers (Chipping Barnet) (Con)
- Hansard - - - Excerpts

I wonder whether my hon. Friend shares my concern. I think that the threat to the UK nuclear industry is not this Bill but the fact that the Leader of the Opposition wants to shut down the nuclear industry in this country, including, of course, Sellafield.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

That is a very good point, which will no doubt be taken into account by the good voters of Copeland in the next couple of weeks.

Albert Owen Portrait Albert Owen
- Hansard - - - Excerpts

I am glad the hon. Gentleman mentioned the good voters of Copeland, because they will be looking after the nuclear workers whose pensions are under threat from his Government.

The agreement between France and Britain comes under the umbrella of Euratom, and the people who know—the academics and the industry—are lobbying us to maintain that link.

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

I am not sure the hon. Gentleman is right legally; my understanding is that it is an intergovernmental treaty between the two countries and will not necessarily be affected.

We have bilateral treaties with lots of other countries. Just before Christmas, we signed yet another agreement with the Japanese to deepen our research into the civil nuclear programmes. We also have bilateral arrangements with India and South Korea. These are really where the innovations are happening in nuclear research, so the idea that somehow by coming out of Euratom we are going to close ourselves off from the rest of the world is totally untrue. If anything, it might free us to do more work across the rest of the globe in developing what I think is going to be the future of British energy.

Finally, I want to say a few words on EU nationals. As Front Benchers will know, I have expressed my doubts about the Government’s approach to this matter over the past few months, and I am firmly of the belief that we should give those people some reassurance. However, I am willing to give the Prime Minister the space she needs in the negotiations to ensure that she can secure the fate of British nationals overseas. On the basis that the question of EU nationals will come back to the House—as will so many other things—and require primary legislation if their status is to change, I will be voting with the Government on this new clause, as I know many others will for the same reason.

Angus Brendan MacNeil Portrait Mr MacNeil
- Hansard - - - Excerpts

Will the hon. Gentleman give way?

Kit Malthouse Portrait Kit Malthouse
- Hansard - -

No, I must finish now.

I therefore encourage Members to look at these new clauses and amendments and decide whether we would be putting good, enforceable law on to the statute book by accepting them. I suggest that, in most cases, we would not, so I urge Members to vote with the Government.

Caroline Flint Portrait Caroline Flint (Don Valley) (Lab)
- Hansard - - - Excerpts

It is a pleasure to serve under your stewardship, Mr Howarth. I listened carefully to the contribution from the hon. Member for North West Hampshire (Kit Malthouse). I believe that it is part of our job in the House of Commons to raise questions about important decisions that affect all our lives and, through the use of amendments and other means, to open up the discussion and seek answers from the Government of the day. That is important in the debates that we will have today and in the future. The Government have refused on numerous occasions to accept contributions from those on my own Front Bench and others, but they have then gone away and thought about the issues and decided, “Maybe there’s something in that.” We seem to be pushing at the Government, although they do not want to accept some of the amendments, some of which I have put my name to. Part of the purpose of having these debates in the public arena is to hold the Government to account and make them look again at the important subjects that are being raised at the moment and that will, I have no doubt, be raised in the next two years and beyond.