European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) (No. 2) Regulations 2019

Debate between Matthew Pennycook and William Cash

Monday 20th May 2019 General Committees

[Matthew Pennycook]

The hon. Gentleman can call it “no deal”, but he is essentially propagating something that Conservative Members have argued for many times: a managed no deal. Certain bilateral agreements have been put in place on the EU’s terms, and they would be revoked on the EU’s terms. He makes a good point, however: if we exited without a deal, we would be forced back to the negotiating table to conclude an arrangement of sorts. There is no pure, clean break for him and his friends on the Conservative side.

[Sir William Cash]

Will the hon. Gentleman give way?

[Matthew Pennycook]

I am going to make some progress.

As I said, these are relatively uncontroversial regulations that should be supported. That is why the Opposition take no issue with them. I do, however, have one question for the Minister. As he will know, and as the hon. Member for Stone said, the regulations differ from their predecessor in providing only for an extension until 31 October. The predecessor regulations sought to anticipate two different exit day scenarios: 22 May if the withdrawal agreement was approved before 29 March; or 12 April if it was not. By providing only for an extension until 31 October, the regulations signal a tacit acceptance of what we all suspected to be the case at the time: we would have to participate in the European elections.

More than that, however, in providing only for that single date, the regulations do not cater for the possibility that the withdrawal agreement might still be ratified before 31 October—something that, were it to occur, would mean, through the agreement between the UK and the European Council, that exit day would have to be changed to 1 June, 1 July, 1 August, 1 September or 1 October. Therefore, could the Minister tell the Committee—I do think the Committee should have an answer to this—what the Government will do or plan to do in the admittedly unlikely scenario that the withdrawal agreement is approved before 31 October? Would a further statutory instrument be introduced to change exit day yet again, or would the Government seek to use the withdrawal agreement Bill to modify more comprehensively the provisions connected with exit day? I look forward to the Minister’s answer—

Legislating for the Withdrawal Agreement

Debate between Matthew Pennycook and William Cash

Monday 10th September 2018 Commons Chamber

[Matthew Pennycook]

I am going to make a little progress, if that is okay.

Let me turn to the relationship between the proposed withdrawal agreement Bill and the recently enacted European Union (Withdrawal) Act, which received Royal Assent on 26 June. Arguably, the most striking feature of the Bill that is the subject of the White Paper is the extent to which it will modify the European Union (Withdrawal) Act that this House and the other place spent more than 250 hours debating, and the fact that in many cases it will do so before the relevant provisions of that Act come into force. Of course, that partly reflects the degree of conditionality and uncertainty that any Government would face in attempting to legislate for Brexit, but in some cases it simply reflects the fact that this Government, scrambling desperately to keep their extreme Brexiteers onside, chose on more than one occasion to prioritise political gimmickry over the dictates of common sense. Such choices were exemplified by the Government’s decision last November to fix an exit day in the European Union (Withdrawal) Act, and in so doing to restrict needlessly the sensible and necessary degree of flexibility that they had originally proposed in respect of an exit day for the purposes of that legislation.

No doubt many Government Members, still intoxicated by the fact that a symbolic reference to 11 pm on 29 March 2019 has been written into UK law, will defend that decision, but the fact is that the proposed Bill touched on in the White Paper will strip that reference of any legal significance. As paragraph 56 of the White Paper makes clear,

“EU law will continue to have effect in the UK in the same way as now”

until the transition period ends on 31 December 2020. Even the most ardent Brexiteers on the Government Benches cannot fail to note the irony that the Government’s flagship “great repeal Bill”, as the European Union (Withdrawal) Act was initially labelled, will not only preserve EU law in its entirety as of 31 December 2020, but will only emblematically repeal the European Communities Act 1972 at the point at which the UK ceases to be an EU member state.

[Sir William Cash]

I do not know whether the hon. Gentleman was in the House at the time, but it may be of some interest to him that I made this very point on 18 July, just as the House was about to rise for recess, because there is a real inconsistency. After all, the White Paper came out on 12 July, yet the European Union (Withdrawal) Act, including the repeal of the 1972 Act in section 1, went through only around 14 days before.

[Matthew Pennycook]

The hon. Gentleman is right, but it is an inconsistency of the Government’s own making, because they chose symbolically to repeal the ECA in the European Union (Withdrawal) Act, and in this new Bill they are going to unpick the very legislation that we passed because, as paragraph 60 of the White Paper makes clear, the ECA will be “saved” for the duration of the implementation period and will continue to be legally effective until 31 December 2020. What is saved is not merely select parts of the ECA, but almost all its key provisions. Chapter 3B of the White Paper makes it clear that the Bill will ensure that throughout the transition, the EU doctrines of direct effect and primacy will continue to apply, including with regard to EU law that comes into force after 29 March next year; the legal basis on which most EU-derived domestic legislation stands will be preserved; and, as paragraph 80 of the White Paper sets out, the full role of the European Court and the binding nature of its rulings will be preserved.

The White Paper argues that repealing the ECA in name only, while in practical effect preserving its effect throughout the transition, is the most effective way to provide continuity and certainty to business and individuals. With the European Union (Withdrawal) Act and its fixed exit day already enacted, that may well be the case, but it is difficult to see why the flexibility provided for in the original drafting of the European Union (Withdrawal) Bill, which allowed for Ministers to determine different exit days for different purposes, would not have achieved the same end, with the added benefit of saving us all a great deal of parliamentary time. The whole farcical saga highlights how when it comes to Brexit-related legislation, the Government have an unhealthy tendency to indulge in short-term tactical gimmicky at the expense of what is sensible and what is in the best interests of the country.

European Union (Withdrawal) Bill

Debate between Matthew Pennycook and William Cash

Tuesday 12th June 2018 Commons Chamber

[Matthew Pennycook]

I am going to make a bit of progress.

However, we also recognised in Committee stage that there were other requirements needed to ensure that Parliament has a meaningful vote, one of which is the need for a vote on a statute. That is why we supported amendment 7 in the name of the right hon. and learned Member for Beaconsfield (Mr Grieve) and other hon. Members—an amendment that ultimately passed in this House by 309 votes to 305. That amendment took a slightly different approach in that it was quite deliberately aimed at restricting the use of, and limiting the potential abuse of, the extensive and wide clause 9 power in the Bill as it then stood.

[Sir William Cash (Stone) (Con)]

Would the hon. Gentleman care to reflect on the fact that the decision to transfer the vote to the people was done quite deliberately and voluntarily by this House by six to one, as a sovereign Act of Parliament? Any attempt to reverse that is in defiance of the decision that was taken by Act of Parliament.

[Matthew Pennycook]

The hon. Gentleman makes the same point as many others have done, and I have dealt with it in saying that their lordships’ amendment is not about overturning the referendum result. [Interruption.] No, it is not—not at all. It is about giving Parliament a say in shaping the direction under one scenario that could well occur.

European Union (Withdrawal) Bill

Debate between Matthew Pennycook and William Cash

3rd reading: House of Commons & Report stage: Second Day: House of Commons
Wednesday 17th January 2018 Commons Chamber

[Matthew Pennycook]

After the transitional period, the ECJ would not be the adjudicator. That would be dealt with as a matter of retained law. My hon. Friend has reinforced a point that I made earlier. We need a level of enhanced protection and the courts need clarity on how to interpret this new category of law, because if they do not have that clarity and certainty, they will be more vulnerable.

[Sir William Cash (Stone) (Con)]

I hope shortly to be able to make a brief speech on that very subject, dealing with the question of whether or not there should be a power for the courts to disapply Acts of Parliament in relation to the matters to which the hon. Gentleman has referred.

[Matthew Pennycook]

I am not sure that that warranted an intervention, but I await the hon. Gentleman’s contribution with bated breath.

European Union (Withdrawal) Bill

Debate between Matthew Pennycook and William Cash

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

[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

rose—

[Sir William Cash (Stone) (Con)]

On a point of order, Dame Rosie. On the yesterday’s selection list—and, in part, today’s—there are some extremely helpful references to the page numbers of this enormous wodge of amendments. Would it be possible for the Clerks to be good enough to put the page numbers on the selection list for easy reference, because it is sometimes quite difficult to find the amendments at short notice?

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I will certainly bring that to the attention of the Public Bill Office and see what we can do to help.

New Clause 2

Retaining Enhanced Protection

“Regulations provided for by Acts of Parliament other than this Act may not be used by Ministers of the Crown to amend or modify retained EU law in the following areas—

(a) employment entitlement, rights and protections;

(b) equality entitlements, rights and protections;

(c) health and safety entitlement, rights and protections;

(d) fundamental rights as defined in the EU Charter of Fundamental Rights.”—(Matthew Pennycook.)

This new clause would prevent delegated powers from other Acts being used to alter workplace protections, equality provisions, health and safety regulations or fundamental rights.

Brought up, and read the First time.

--- Later in debate ---

[Tom Brake (Carshalton and Wallington) (LD)]

rose—

[Sir William Cash]

rose—

[Matthew Pennycook]

I will make a little more progress if that is all right.

Let me remind the House of the sentiments on the Government Benches when it comes to workers’ rights. Throughout the referendum, prominent leavers drew attention to what they claimed was the high cost of EU employment regulations, including those such as the working time directive and the temporary agency work directive. Prominent members of the Cabinet are on record as having called for workers’ rights to be removed. For example, the Foreign Secretary has written that we need

“to root out the nonsense of the social chapter—the working time directive and the atypical work directive and other job-destroying regulations.”

During the referendum, on 18 May 2016, the then Minister for Employment, the right hon. Member for Witham (Priti Patel), went so far as to call for the UK to

“halve the burdens of EU social and employment legislation”

in the event of Brexit. The newest member of the Brexit ministerial team—Lord Callanan—has openly called for the scrapping of the working time directive, the temporary agency work directive, the pregnant workers directive and

“all the other barriers to actually employing people.”

Just this week, the hon. Member for North East Somerset (Mr Rees-Mogg) made a speech in London calling for, among other things, deregulation. It was retweeted and then hastily deleted, as we heard yesterday, by the Department for International Trade.

--- Later in debate ---

[Chuka Umunna (Streatham) (Lab)]

rose—

[Sir William Cash]

rose—

[Matthew Pennycook]

I am going to make some progress.

It may be the case that pragmatism and electoral appeal trump ideology, but there is no guarantee, and that is the point. We should not take risks with rights, standards and protections that have been underpinned by EU law. Hard-won employment entitlements, along with entitlements relating to the environment, health and safety, equalities and consumer rights, should not be vulnerable to steady erosion by means of secondary legislation outside of the powers contained in this Bill. In future, Ministers should be able to change the workers’ rights and other rights that came from the EU only through primary legislation, with a full debate in Parliament. On that basis, I urge hon. Members on both sides of the House to support new clause 58.

European Union (Notification of Withdrawal) Bill

Debate between Matthew Pennycook and William Cash

Committee: 1st sitting: House of Commons
Monday 6th February 2017 Commons Chamber

[Matthew Pennycook]

New clause 3 concerns the parliamentary oversight of the negotiations that will follow the triggering of article 50. It would require the Government to report back to Parliament at least every two months on the progress of negotiations and to lay reports before both Houses of Parliament on each occasion. Let me be clear that the purpose is to improve the Bill by providing Parliament with the means not only to effectively monitor the Government’s progress throughout the negotiations, but to actively contribute to their success by facilitating substantive scrutiny that can positively influence the outcome.

We are here today debating this new clause and other new clauses and amendments to the Bill only because the Supreme Court upheld the High Court’s November ruling on the triggering of article 50, confirming that only Parliament, not Ministers using the royal prerogative, can initiate the start of the UK’s exit from the EU.

[Sir William Cash (Stone) (Con)]

rose—

[Matthew Pennycook]

I will not give way and will make a little progress, if that is okay.

The Supreme Court was right to make it clear that Parliament should exert democratic influence over Brexit. That influence should be felt at the start, throughout and, most importantly, at the end of the formal process of leaving the EU. In practice, the Opposition believe that there must be three distinct pillars of parliamentary scrutiny and accountability: first, the provision of a detailed plan published prior to the start of negotiations that can inform future debates and votes, and that can be used throughout as a point of reference; secondly, a means of ensuring robust parliamentary oversight throughout the formal negotiation period; and thirdly, a meaningful debate and vote in Parliament on the proposed deal before it is signed off with the European Council and Parliament.

[Matthew Pennycook]

I want to make it clear that we are not asking the Government to reveal the minutiae of the negotiations or to micromanage the process, and I will say more about that further on in my remarks.

Under pressure, the Government conceded the first of those requests in the form of the White Paper published on Thursday, and my hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) will seek to win agreement to the third tomorrow, when he moves new clause 1. The purpose of new clause 3 is to secure the second of those pillars and, in so doing, ensure an enhanced role for hon. Members throughout the process. The Government should welcome an enhanced role for Parliament throughout the negotiations for two reasons.

[Sir William Cash]

rose—

[Matthew Pennycook]

I will make some progress, if I may.

First, although Ministers obviously need sufficient room for manoeuvre, and understandably cannot therefore consent to the micromanagement of the process by parliamentarians, active and robust parliamentary scrutiny will aid the negotiations by testing and strengthening the Government’s evolving negotiating position and their hand with the EU. Secondly, facilitating substantive parliamentary scrutiny and accountability would help to bind the wounds of the referendum and forge a genuine consensus in the months and years ahead, by reassuring the public, particularly the 16.1 million people who voted remain, that they will not be marginalised or ignored but that their views will be taken into account and their interests championed by their representatives in Parliament.