Oral Answers to Questions
Martyn Day Excerpts(5 years ago)
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Marion Fellows (Motherwell and Wishaw) (SNP)
Martyn Day (Linlithgow and East Falkirk) (SNP)
The Parliamentary Under-Secretary of State for Exiting the European Union (Kwasi Kwarteng)
On Tuesday, my right hon. Friend the Prime Minister set out a process through which we will seek to agree a plan to leave the EU with a deal. She has asked for a short extension in order to do that. The best way to avoid no deal, as the House well knows, is obviously to agree a deal. While no deal remains the legal default, the Government must go on preparing for this scenario as a contingency.
Kwasi Kwarteng
The hon. Lady is absolutely right. If she has followed events this week, she will know that that is exactly why my right hon. Friend the Prime Minister has extended the negotiations to and engaged in conversation with the Leader of the Opposition. It is precisely to find a solution to the impasse.
Martyn Day
No deal did not appear on any ballot paper in 2016 and was ruled out by all the main leave campaign groups. Does the Minister therefore agree that it would be totally unacceptable to crash out without a deal, without first putting it back to the people?
Kwasi Kwarteng
The hon. Gentleman is quite right: the House has shown no inclination to leave the EU without a deal. That is why my right hon. Friend the Prime Minister is looking for a way forward and engaging with the Leader of the Opposition on precisely that issue.
Leaving the European Union
Martyn Day Excerpts(5 years ago)
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Martyn Day (Linlithgow and East Falkirk) (SNP)
It is a pleasure to serve under your chairmanship, Mr McCabe, in what has been an interesting, highly topical and well-attended debate, although I note that the leavers have now all left, after making a few interventions and, bizarrely, no speeches—something that I am sure that the public will have noticed.
I am very grateful to the hon. Member for Newcastle upon Tyne North (Catherine McKinnell) for opening on behalf of the Petitions Committee, on which we both serve. I echo her thanks to the Committee staff and the digital staff for all their hard work in surviving the petition. The number of signatories and the interest shown have certainly improved our processes. Few people will not have heard about the Petitions Committee as a result of the viral “Revoke Article 50” petition, so the Committee may become a tad busier in future. I also pay tribute to the cross-party and cross-Parliament Scottish parliamentarians whose work has given us legal certainty on the ability to revoke article 50, without which the debate would almost be a moot point.
As of this morning, the “Revoke Article 50 and remain in the EU” petition has been signed by 10,156 of my constituents—a staggering number, although it seems almost paltry compared with some of the numbers that we have heard from other constituencies—the “Hold a second referendum on EU membership” petition has been signed by 229, and the “Parliament must honour the Referendum result. Leave deal or no deal” petition has been signed by 129. I am sure that all Members will have been inundated with emails about Brexit in general of late, and about the petitions and today’s debate in particular over recent days. The overwhelming majority of emails and messages that I have received are from people who wish to remain in the EU, and who would support revoking article 50 and/or going back to the people in a second referendum.
That is no surprise, given the volume of signatures on today’s petitions and the fact that 62% of Scotland voted remain, as did an estimated 58% of my constituents at the time, including me, I might add. I think it would be considerably higher if we had another vote today. During the 2016 referendum, and over the years since, I have seen nothing to shake my belief that staying in the EU is better than any of the possible alternative deals. Access to the EU single market and freedom of movement are vital both to protect jobs and to meet Scotland’s need for key workers in public services such as health and social care.
Much of the problem with the 2016 referendum was the result of its rather hasty nature. It was a relatively short campaign of a very vacuous nature. There were vague mantras and slogans on the side of a bus, the proposal was ill defined, and the reality is that, as other speakers have mentioned, Brexit means different things to different people; the number of emails that I have received from Brexiteers and leavers has proven that. As a consequence, agreement even among leavers is nigh-on impossible, as has been demonstrated through the parliamentary process and the impasse in this building to date.
People who voted to leave in 2016 did not vote to leave on 29 March or 12 April, as there was no date on the ballot. We need to pause and think seriously about the consequences of what we are about to do. I am reminded of the expression “act in haste, repent at leisure”. In this scenario, we may regret pressing on regardless with these arbitrary, self-imposed deadlines, and find ourselves unable to rectify mistakes after the event.
Quite a number of constituents have been saying that the debate should have taken place in the main Chamber. Although I agree with them, the reality is that the Committee does not have the ability to bring debates to the main Chamber—something that perhaps needs to change. Hopefully the powers that be in Parliament are listening to that. Today we are debating in Westminster Hall, while other crucial Brexit-related business takes place in the main Chamber: the latest round of indicative votes—a process that I look forward to taking part in later tonight. Unless a withdrawal agreement is approved by the Commons, the UK must decide within days whether to ask for a long delay to Brexit that would involve holding elections to the European Parliament. The only remaining alternatives would be to leave without an agreement or to revoke the formal article 50 exit procedure altogether.
Time is not with us. Today is 1 April, the EU Council will meet on 10 April and, unless something is agreed, we will leave without a deal on 12 April. Ultimately, this is a political choice. Crashing out of the EU with no deal need not be the default—it is not the only alternative to the PM’s deal. It is imperative that we choose to revoke article 50 and put the question back to the people, because we must ensure that the UK does not crash out without the express consent of our electorate.
As I have pointed out, Scotland did not vote for Brexit and we should not be dragged out of the EU against our will. Revoking article 50 would honour the wishes of the majority in Scotland. If this UK truly is a Union of equals and a family of nations, as Scots were promised during our referendum on independence, our different views must be respected. I implore the House to listen to them. If that is not possible, the UK is not fit for purpose and its days are numbered.
Oral Answers to Questions
Martyn Day Excerpts(5 years, 1 month ago)
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Angela Crawley (Lanark and Hamilton East) (SNP)
Martyn Day (Linlithgow and East Falkirk) (SNP)
Marion Fellows (Motherwell and Wishaw) (SNP)
Mr Walker
We have, of course, taken careful note of the submissions from the devolved Administrations, but we have Governments led by different parties with different political positions. We discuss that regularly in the ministerial forum. What we need to do is work together to ensure that our approach works for the whole UK, and that is what we will continue to do, recognising the differences of opinion that exist between the respective Governments.
Martyn Day
Will the Government now admit that if they had engaged properly with the devolved Administrations two years ago and had meaningful discussions with the Scottish Government about their—the Scottish Government’s—paper “Scotland’s Place in Europe”, they would not now be in the position of having to blackmail the House into choosing between a bad deal and no deal?
Mr Walker
We have engaged on those papers, and we have had a range of meaningful discussions over the years, in many of which I have been personally involved. However, we respect the fact that we will take politically different positions on some of these issues. The UK Government believe that they must discharge their responsibility for the UK to leave the EU, and the Scottish Government do not agree with that. Nevertheless, we will continue to work together to find the best approach to these challenges.
Oral Answers to Questions
Martyn Day Excerpts(5 years, 3 months ago)
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Kwasi Kwarteng
As I have said many times, the Government’s position is that we will land a deal and ensure that we leave with that deal on 29 March.
Martyn Day (Linlithgow and East Falkirk) (SNP)
The Secretary of State for Exiting the European Union (Stephen Barclay)
The Government will not hold a second referendum, and will not introduce any legislation to enable one to be held.
Martyn Day
I kind of expected that answer from the Secretary of State. However, the Prime Minister will return to Parliament in a week’s time and expect MPs to vote again on her deal. If it is acceptable for them to have a second vote, why is it not acceptable for the public to have one?
Stephen Barclay
It seems to me that some MPs do not want a second vote. They had already voted to give the British public a say in the referendum; then they voted to trigger article 50, and then they voted to include the date in the Bill that became the European Union (Withdrawal) Act 2018. It is not really a great look for the public for people to say, “We got it wrong three times, but give us a fourth go.”
Oral Answers to Questions
Martyn Day Excerpts(5 years, 4 months ago)
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Stephen Barclay
The hon. Gentleman has clearly not read the transcript of my session at the Select Committee. What he will see from that is that the role of the Department is not constrained to merely the domestic side, although that is of huge significance. We are also focused on moving forward on the political declaration and looking to the future. Yes, the withdrawal agreement deals with the winding-down of our relationship of over 40 years with the European Union, but we are also focused on taking forward the political declaration to deliver on the future trading relationship that we want with our closest trading neighbour.
Martyn Day (Linlithgow and East Falkirk) (SNP)
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
Mr Speaker
I had no previous notice of that intended grouping, but it is, as far as I can see, unexceptionable.
Martyn Day
The average EU citizen living and working in Scotland contributes £10,400 a year in tax revenues. Does the Minister think it is acceptable to cut the Scottish tax intake by £2 billion by 2040?
Mr Walker
We all recognise the valuable contribution of EU citizens in our communities. That is why we are looking to secure a deal that makes sure that EU citizens working and living in the UK, and UK citizens living in the EU, are fully protected under the terms of the withdrawal agreement.
Vote Leave Campaign: Electoral Law
Martyn Day Excerpts(5 years, 7 months ago)
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Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Martyn Day (Linlithgow and East Falkirk) (SNP)
It is a pleasure to serve under your chairmanship today, Sir Roger. I am grateful to the hon. Member for Cambridge (Daniel Zeichner) for opening today’s debate on behalf of the Petitions Committee. With only 200 days until the UK is scheduled to leave the EU, time is clearly of the essence. I commend him for being so generous with his time and taking interventions today. We may have suffered in today’s debate because of the competing EU debate that is about to begin in the main Chamber. However, the Members who have spoken have covered just about every aspect that is salient to the issue. I am also grateful for the hon. Gentleman’s comprehensive presentation; there is much on which I agree with him. I am particularly grateful for his reminding us that the referendum was advisory and not legally binding. However, many of the decisions before us will be about political judgment.
Members have raised the point that adequate legal advice on whether article 50 can be rescinded would be extremely useful, especially in relation to future decisions that will have to be made. We will need to wait for the decision of the inner house of the Court of Session to see whether it tells us that.
We can be in no doubt that there have been illegal activities by Vote Leave. The Electoral Commission has determined that the electoral rules have been broken, and both Vote Leave and BeLeave have been fined and referred to the police. I do not wish to pontificate about what may or may not happen with regard to ongoing police investigations; that is for them to determine, and due process will take place. It is enough to acknowledge that it is right that the matter has been referred to the police. We must let the investigation take its due course.
I will, however, comment on how inadequate the powers of the Electoral Commission appear to be in relation to this matter. If we are to have confidence in the integrity, and outcome, of referendums and elections, transparency in the process is essential. It is particularly disappointing that Vote Leave displayed an arrogant and unco-operative stance, forcing the Electoral Commission to use its legal powers to compel it to provide evidence. It was bad enough that that attitude demonstrated that Vote Leave thought it was above the law, but that was compounded by the paltry level of fines imposed, totalling £61,000 against a multi-million pound campaign, which can be dismissed as the cost of doing business—almost with impunity.
With parliamentary constituencies, results can be declared void as a result of overspending by successful candidates but no such provision exists for overturning the referendum result; the only provision for challenging it was by judicial review within six weeks of the result. That is clearly unsatisfactory, given that the Electoral Commission took almost 13 months to publish its report into the lead Vote Leave campaign funding and spending, although that is in no way a criticism of the Electoral Commission. The period needs to be significantly longer in future referendums, and could be further aided by a more transparent, real-time declaration of expenses and donations. That needs serious consideration by Ministers.
Vote Leave was not alone in being fined by the Electoral Commission; Leave.EU was also fined a total of £70,000 in May this year, and offences were also referred to the police. Once again, that highlighted the inadequacy of the range of fines available to the Electoral Commission. It would be fair to point out that several participants on the remain side of the referendum have also been fined, but in each case at significantly lower levels and, more significantly, without any individuals being referred to the police.
All that adds to the perception that the existing electoral laws are not fit for purpose. There has been talk of
“respecting the result of the referendum”,
to use the phrase in the Government’s response to the petitioners, but what exactly does that mean? In Scotland—a nation that we were constantly assured in the 2014 referendum was an equal partner in the Union—people voted overwhelmingly to remain, by 62% to 38%. Yet Scotland is being dragged out of the EU against our wishes—the peril of being part of an incorporating Union with a much larger partner. Clearly that example indicates that respecting the result of the referendum can be interpreted differently by different members of the UK.
What about respecting the process of the referendum to achieve a fair result? Surely that is more important. If the result was not fair, should it be respected? I argue that it should not be, and many reasons support that position—most importantly what will happen in future contests if campaigners can get away with breaking the rules. There must be full transparency to hold any of those who seek to influence or undermine our democracy to account.
That brings me to another dimension of the debate: dark money. BBC Spotlight Northern Ireland has revealed that the former vice chairman of the Conservative party in Scotland, now chair of the Constitutional Research Council, Richard Cook, was behind the Democratic Unionist party’s £435,000 donation during the EU referendum, and, to use BBC Spotlight Northern Ireland’s words, has
“a trail of involvement in illegal activity and foreign money”.
Donation rules in Northern Ireland mean that details about donations made before July 2017 remain hidden. It is worth noting that, in response to the BBC, the Electoral Commission continues to urge the UK Government to introduce legislation enabling the publishing of information on donations from January 2014. We need a full debate on the Scottish Conservative dark money, as we have seen only the tip of the dodgy donations iceberg. The Scottish National party has serious concerns regarding the dark money handled by the Scottish Tories in the 2016 referendum. We have called repeatedly on the Scottish Conservatives and the Prime Minister to reveal the full details of the transactions between the DUP and the Scottish Tory-linked CRC. They continue to refuse to do so. Perhaps the Minister will enlighten us on why the original source of that dark money is being kept a secret.
Our electoral laws must not be treated as an optional extra by campaigns. The £250 to £20,000 fines available to the Electoral Commission are simply inadequate. Fines should be unlimited or, at the very least, proportionate to the spending ability of the party or campaign group involved. We have to ask ourselves what level of electoral rule-breaking should invalidate this or any future referendum. The answer is not simple.
Given what we have heard, can we have confidence that the outcome of the EU referendum was secure? Overspending, the deliberate co-ordination of expenditure, dark money, possible foreign interference, fake news and potential misuse of online data, all of which played a part in the EU referendum and leave an unpalatable taste in the mouth, will lead many members of the public to conclude that the referendum was won by cheating. Much needs to be addressed to ensure public confidence in our democracy. Pressing on regardless fails to ensure that. Surely now is the time to stop the process of national self-harm and remain within the EU. Instead, we should concentrate on making our democratic systems fit for purpose in the modern digital age.
Oral Answers to Questions
Martyn Day Excerpts(5 years, 9 months ago)
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Mr Walker
As the right hon. Gentleman will know, we have been engaging with businesses across the whole economy, which of course includes our world-leading services sector. It is clear that the advantages that make the services sector world leading are created here in the UK. We will make sure that the services sector has the right arrangements to continue to do business within Europe and to continue to have qualifications recognised but, of course, we are leaving the single market and there will be changes as a result.
Martyn Day (Linlithgow and East Falkirk) (SNP)
The Parliamentary Under-Secretary of State for Exiting the European Union (Chris Heaton-Harris)
We have made significant progress in negotiations and are confident that we will secure a deal with the European Union. However, as a responsible Government, we are continuing to prepare for all possible outcomes.
Martyn Day
There has been recent press speculation that the Government are considering emergency measures that would include the stockpiling of food and medicines. Will the Minister confirm whether that is accurate? If so, what would be the proposals for the distribution of those stockpiles?
Chris Heaton-Harris
Departments’ plans are well developed and designed to respond to all scenarios, including the unlikely possibility that we leave the EU without a deal. Some contingency plans have already become evident and more will become public over the coming weeks.
Oral Answers to Questions
Martyn Day Excerpts(6 years, 2 months ago)
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Martyn Day (Linlithgow and East Falkirk) (SNP)
Mr Baker
We have met representatives of the chemicals industry on several occasions. At the most recent meeting, we had constructive conversations that ended positively. We will ensure that we carry through the positions that we have set out, particularly in relation to goods on the market, and we hope to preserve continued registration of chemicals under REACH. We will of course seek to ensure that our deep and special partnership covers the chemicals industry, so that it can flourish after we leave the EU.
Oral Answers to Questions
Martyn Day Excerpts(6 years, 5 months ago)
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Martyn Day (Linlithgow and East Falkirk) (SNP)
Dr Philippa Whitford (Central Ayrshire) (SNP)
The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)
The Government are committed to the best possible deal for the whole United Kingdom, a deal that works for Scotland, Wales, Northern Ireland and all parts of England. We have been engaging with the Scottish Government and have been clear from the start that the devolved Administrations should be fully engaged in this process. The Government are undertaking a broader range of sectoral analysis covering the entirety of the UK economy, including Scotland.
Martyn Day
A London School of Economics report concluded that Scotland faces losing £30 billion in the event of a hard Brexit. Will the Minister advise how that compares with the Government’s own Brexit impact assessment for Scotland, and when will it be published?
Mr Walker
As we have said, the Government are undertaking a wide-ranging analysis covering the entirety of the UK economy, including Scotland. This will ensure that we take into account the individual circumstances of each part of the UK to inform our negotiating strategy. With regard to the content of that analysis, we have to reflect on the implications of yesterday’s motion and how best we meet the requirements set by the House for information to be passed on to the Select Committee, keeping in mind the fact that the documents they have requested do not exist in the form suggested in the motion.
Oral Answers to Questions
Martyn Day Excerpts(6 years, 7 months ago)
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Mr Speaker
Order. We had not moved on to a new question. We were on the same question, but two different Ministers appeared at the Dispatch Box. The hon. Member for Dover (Charlie Elphicke) should feel very gratified to have a dedicated Minister to attend to his particular inquiry. That is something he can tell his grandchildren in years to come.
Martyn Day (Linlithgow and East Falkirk) (SNP)
T1. If he will make a statement on his departmental responsibilities.
The Secretary of State for Exiting the European Union (Mr David Davis)
Since our last Question Time, the Government have made important progress towards delivering the result of the European referendum and grasping the opportunities that Brexit can provide. In the negotiations with our European counterparts, we have found important areas where we agree—on pensions, healthcare and Northern Ireland, for example—and we are now working on those areas where we do not agree. We have provided more clarity by publishing papers on a range of issues. Finally, later today we will debate the repeal Bill, which will give effect to the result of the referendum while providing the legal certainty that will avoid unnecessary disruption. I believe the Bill should command the support of all those who believe in securing a smooth and orderly exit from the European Union.
Martyn Day
Leaving the EU single market and customs union would be an unprecedented act of self-harm to our economy, especially if the UK Government fail to negotiate a trade agreement with the EU. Will the Secretary of State confirm that if he fails to reach a deal within the two-year deadline, the UK will remain a member of the EU under the existing terms?