Oral Answers to Questions

Michael Tomlinson Excerpts

Thursday 14th December 2017 Commons Chamber

[Mr Baker]

The UK will continue to play an active role internationally, as demonstrated by our ratification of the Paris agreement on climate change. We will continue to uphold our obligations under international environmental treaties such as the Montreal and Gothenburg protocols, the Stockholm convention, the convention on biological diversity and the convention on international trade in endangered species. The new clause itself we will return to in debate.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

We are leaving the European Union, the common agricultural policy and the common fisheries policy. As we do so, will my right hon. Friend work closely with the Department for Environment, Food and Rural Affairs to ensure that we support not only the farmers and food producers in our agricultural system, but our environment?

[Mr Robin Walker]

We will absolutely continue that work, and my hon. Friend is right to link the environment to those issues. The British countryside is a fantastic asset for our entire nation, and we want to continue to support its environment and future productivity.

EU Exit Negotiations

Michael Tomlinson Excerpts

Tuesday 5th December 2017 Commons Chamber

[Mr Davis]

Let us start with the hon. Lady’s opening comments. She said that I did not mention the Northern Ireland agreement. I will read the paragraph from my opening statement: “In particular, on the issue of Northern Ireland and Ireland, we have been clear that we want to protect all elements of the Good Friday/Belfast agreement to maintain the common travel area and the protected associated rights.” So much for that. [Interruption.]

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Despite the noise from many Opposition Members, is not it right that, at this stage of the talks, we are closer to an agreement than we have ever been, that that is a good thing—progress has been made—and that we should want to move on to talks about trade, which will be in our national interest and also in the EU’s interest?

[Mr Davis]

Yes, my hon. Friend is exactly right. That is pretty much what Jean-Claude Juncker said yesterday.

EU Exit Negotiations

Michael Tomlinson Excerpts

Monday 13th November 2017 Commons Chamber

[Mr Davis]

I will not comment on the hon. Gentleman’s fitness regime—he is too far away from me to tell. If the House did as he describes, I guess that the Government would take that as an instruction to go back and speak to the European Union. Whether that would deliver any outcome, I do not know.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I warmly welcome the Secretary of State’s statement, especially his confirmation from the Dispatch Box that there will be a separate agreement and implementation Bill. Does he agree with me on two points: first, that any amendment to that effect in the Committee stage of the European Union (Withdrawal) Bill, which starts tomorrow, will be unnecessary; and, secondly, that this will ensure we have a meaningful vote, but one that does not undermine our negotiation?

[Mr Davis]

On the latter point, my hon. Friend is right. On the former point, there might well be some minor consequential changes, but I do not think there will be any major changes.

Exiting the EU: Sectoral Analysis

Michael Tomlinson Excerpts

Tuesday 7th November 2017 Commons Chamber

[Mr Baker]

I will tell the House what is turning farce into an art form: it is blogging about the Greek debt crisis under the hashtag #thisisacoup and then supporting our continued membership of the European Union, as the hon. Lady has done. That is what takes the public for fools. I say to her that we are all on the side of the British public. The UK took a democratic decision to leave the European Union, and we will now carry through that decision.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

When these documents are released as a result of the Opposition day motion, a cheap asset will have been handed to our negotiating partners within the EU. When the Minister implements the motion of this House, will he take as much time as is necessary to ensure that at least he and the Secretary of State continue to act in the national interest?

[Mr Baker]

We will continue to act in the national interest as we seek to satisfy the House and this motion. It is to that end that the Secretary of State will be meeting the Chairman of the Select Committee.

European Economic Area: UK Membership

Michael Tomlinson Excerpts

Monday 6th November 2017 Commons Chamber

[Stephen Kinnock]

The hon. Gentleman hits the nail on the head. I would add that EU member states are required to refer rulings to the ECJ, whereas EEA-EFTA states are not required to refer rulings to the EFTA court. This is a vital distinction, because it has significant implications for the functioning of the two markets. The EU single market is predicated on the treaty of the European Union, with its commitment to ever closer union. The EEA, however, is governed by the EEA agreement, article 1 of which states that the aim of the EEA is to:

“promote a continuous and balanced strengthening of trade and economic relations between the Contracting Parties”.

The fundamental differences between the founding mission of the EU and the founding mission of the EEA mean that for the EU the four freedoms are indivisible, whereas for the EEA they are negotiable. This, in turn, means that the EEA membership would allow a post-Brexit Britain to square the circle between market access and sovereignty when it comes to that most thorny of issues, the free movement of labour.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I always enjoy listening to the hon. Gentleman’s arguments and I have the pleasure of serving on the European Scrutiny Committee with him. Is not one difficulty with his argument that, under this model, we would have to follow all the rules—the rules of the single market and, as he says, the rules of freedom of movement—without having a say or an input into how those rules are made? Is there not a risk that that will not fulfil the wish of the British people?

[Stephen Kinnock]

I thank the hon. Gentleman for his intervention, but I am afraid he has misinterpreted how the EEA functions. The EEA joint committee sits with Commission officials, and officials of the European Parliament and the European Council in comitology, which provides the EEA joint committee with the ability to shape EU legislation, regulations and directives. I will come on to this later in my speech, but the idea that the EEA means rule-taker rather than rule-maker is incorrect.

As an EEA member, the UK could unilaterally suspend the free movement of labour by triggering article 112 of the EEA agreement, which allows for an emergency brake on any of the four freedoms on the basis of economic, environmental or societal difficulties. There is legal precedent for this. Upon entering the EEA in 1993, Liechtenstein triggered articles 112 and 113 of the EEA agreement, thus suspending the free movement of labour and ultimately agreeing a protocol that enabled the introduction of a quota-based immigration system.

The manner and form of economic or societal difficulties facing the UK would of course be different, but the fact is that the legal precedent has been set so there is no reason why the UK should not be allowed to follow suit. Having pulled that emergency brake, we would then, as per article 113, enter into deliberations with other contracting parties through the EEA joint committee to negotiate a lasting solution. In the case of Liechtenstein, this took the form of industry-by-industry quotas.

--- Later in debate ---

[Mr Jones]

My hon. Friend makes an excellent point. The fact is that we would be left with EU-lite. We would still be subject to the four freedoms, including the freedom of movement of persons. That would mean we would not be able to control our own borders, despite the Liechtenstein precedent.

[Michael Tomlinson]

I am following my right hon. Friend’s argument carefully. Does he agree with my earlier point that, in that situation, we would effectively be rule takers without having the opportunity to make the rules or to contribute in the way that we do at the moment?

[Mr Jones]

My hon. Friend is entirely right on that score, too.

The hon. Member for Aberavon mentioned EFTA quite frequently in his speech, but the motion does not suggest that the UK should apply to become a member. Indeed, the implication of the motion is that upon the UK ceasing to be a member of the European Union, it could remain a member of the EEA, as Professor Baudenbacher put it, “floating around freely”. That does not provide the certainty that the British electorate requires and certainly not the certainty that British business requires. I am unsure whether the hon. Gentleman is suggesting that Britain should now be applying for membership of EFTA, but if he is, as a matter of law Britain would do so from a position of having ceased to be a member of the EEA. Therefore, upon becoming a member of EFTA, it would have to make its own decision as to whether it should rejoin the EEA. Again, that is not reflected in the motion.

The fact is that what we see today is a last-gasp attempt from those who regret and bitterly resent the departure of Britain from the European Union. It is an attempt to keep us in a halfway house—a kind of European limbo—and as a matter of law and as a matter of politics, this motion should be rejected by the House today.

Oral Answers to Questions

Michael Tomlinson Excerpts

Thursday 2nd November 2017 Commons Chamber

[Mr Davis]

It is nice to have a question from a co-conspirator from my freer days on this subject. Yes, we will look at these issues together. I have spoken briefly to Guy Verhofstadt about this, although not at great length, and I will be interested to hear from him what is being proposed. Of course we will listen to anything of this nature. The aim of this exercise is to be good for Europe and good for Britain, which means good for the citizens of Europe and Britain. That is what we intend to do.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Is this question not somewhat ironic, coming from the Labour party that voted against the withdrawal Bill on Second Reading—the very Bill that will protect workers’ rights? We do not need to be in the EU to protect workers’ rights; we pass legislation in this place to protect those rights, and will continue to do so.

[Mr Davis]

My hon. Friend is of course exactly right. I remember that the last time he asked a question on this subject he reminded the House that it was the Conservative party that introduced the first employment protection legislation, way before the Labour party was created, and it will still be doing that way after the Labour party is gone.

--- Later in debate ---

[Mr Robin Walker]

We take the UK’s commitments to environmental standards extremely seriously. As the hon. Gentleman will know, the Government have promised to be the first ever to leave the environment in a better state than the previous generation, and that commitment applies across Government. We are looking forward to discussing environmental standards with the EU as part of the discussions on the future partnership.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

While aiming for an open free-trade arrangement with the EU, is it not simply sensible planning to prepare also for a no-deal scenario?

[Mr David Davis]

Yes, my hon. Friend is exactly right, and that is precisely what we are doing. As I said to a Labour Member earlier, we are planning for all options: the deal option; the bare bones, or basic deal; or the incredibly improbable no-deal option. We are prepared for all of them.

Exiting the EU: Sectoral Impact Assessments

Michael Tomlinson Excerpts

Wednesday 1st November 2017 Commons Chamber

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

The hon. Member for Sedgefield (Phil Wilson), who has just sat down, is another supporter of this motion who is now talking about the release of a set of justifiably redacted documents, as opposed to the complete documents. This underlines the fact that the House is debating documents, but we do not really know what is in them because we do not have them.

Some colleagues think that these documents will contain some dreadful smoking gun that will blow the Government’s case out of the water. I can honestly say that I believe that the Government are far more concerned about releasing information into the public domain that will actually help the European Union in the negotiations, when the European Union clearly has no intention of releasing its impact assessments. Indeed, one of the reasons we are leaving the European Union is that this House has absolutely no power over which documents the European Union should be compelled to release because it is completely beyond the power of this House.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Does my hon. Friend recall that the shadow Secretary of State said, very fairly, that he would anticipate that there may well be some redactions or even a summary?

[Mr Jenkin]

My hon. Friend is absolutely right.

We are beginning to see, in this rather messy and untidy debate, why this 19th century procedure is not used very often. The usual procedure would be that the Select Committee would request the documents, but it has not requested these documents. No writ or summons have been issued for any of these documents. We simply have this motion.

There is a sensitivity within Government about releasing documents that are used to make political points. Part of the Treasury’s reputation was severely trashed when, in the run-up to the referendum, it released documents that were patently misleading and were used for propaganda purposes in a way that I think rather embarrassed Treasury officials.

Then there is the question of the status of the motion. The words “binding” or “not binding” do not appear in “Erskine May”. There is a misappreciation of the meaning of these motions. By passing a motion, the House is not making law. There are no obligations that are enforceable through the courts as there would be if we were passing a set of regulations or an Act of Parliament. It is simply an expression of the will of the House.

Oral Answers to Questions

Michael Tomlinson Excerpts

Thursday 7th September 2017 Commons Chamber

[Mr Baker]

Of course my hon. Friend makes an important point, for which I am most grateful. An easy way to automatically keep pace with EU law, whatever it might be, would have been to remain in the EU, but the public did not choose to do that, so Parliament will decide the law in future and it will be for Parliament to scrutinise any proposed changes.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I warmly welcome the Minister to his place. Does he agree that the European Union (Withdrawal) Bill is not the great repeal Bill but the great continuity Bill? Workers’ rights will not be undermined by the Bill; they are already enhanced when compared with the EU.

[Mr Baker]

My hon. Friend is absolutely right. The original name—the great repeal Bill—was inspired by the greatness of its constitutional significance and certainly not because of any changes it makes to workers’ rights which, as we have said, will continue unchanged.

Oral Answers to Questions

Michael Tomlinson Excerpts

Thursday 27th April 2017 Commons Chamber

[Mr Walker]

I say gently to the hon. Gentleman that we do not write the guidelines, but we recognise that financial services will be part of a comprehensive deal. We have talked about a comprehensive free trade agreement, and it certainly has not been ruled out. What the EU has said is that it does not want to do separate sectoral deals—well, actually, nor do we. We want the most comprehensive trade agreement available and we think that that should include services, including financial services.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

6. What steps the Government are taking in preparing the great repeal Bill to protect (a) employment and (b) workers’ rights.

[The Secretary of State for Exiting the European Union (Mr David Davis)]

I shall start by saying that I am going to disappoint the hon. Member for Huddersfield (Mr Sheerman) as I will stick to my brief.

The White Paper published on 30 March sets out that the employment and workers’ rights that are enjoyed under EU law will continue to be available in UK law after we have left the European Union as the great repeal Bill will convert EU law into domestic law. This will give certainty and continuity to employees and employers alike, creating stability in which the United Kingdom can grow and thrive.

[Michael Tomlinson]

I am grateful to the Secretary of State for that answer. Since the Health and Morals of Apprentices Act, it is the Conservatives who first protected workers’ rights and put those protections on to the statute book. Will he confirm that, post-Brexit, we will continue to do so not only to protect them, but to enhance them, thereby proving that we are the real workers’ party?

[Mr Davis]

I had not expected references to 1802—it was 1802, was it not?

[Michael Tomlinson]

indicated assent.

European Union (Notification of Withdrawal) Bill

Michael Tomlinson Excerpts

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

[Joanna Cherry]

No, I will not give way. We heard ample from the right hon. Gentleman the other day.

This Bill is being railroaded through this House with scant regard for democratic process. Here is an example: on Monday, when we were debating the proposals that concerned the devolved Administrations, including Scotland, only one of my hon. Friends got to speak. When I attempted to double that tally, I was told to sit down, shut up and know my place. I do not mind being insulted and affronted in this House, but what people need to remember is that it is not just me; it is the people who elected me who are being insulted and affronted when I am prevented from speaking about proposals on which my name appears.

Government Members are extraordinarily relaxed about the effect this sort of thing has on Scottish public opinion. I do not know whether they take the Herald newspaper—it is rather difficult to get hold of in the House of Commons—but if they do, they will see that today’s headline is “Support for independence surges on hard Brexit vow” .

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Will the hon. and learned Lady give way?

[Joanna Cherry]

No, I will not.

Backing for a yes vote in another independence referendum has risen to 49% on the back of the hard Brexit vow, and that is when no referendum is even on the table and we are still seeking our reasonable compromise. Hon. Members should make no mistake—it gives me great pleasure to say this—that the barracking by Government Members and the preventing of SNP MPs from speaking in this House play right into our hands and result in headlines saying that support for independence is surging.

--- Later in debate ---

[Suella Fernandes]

I could not agree more. I see my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson) is in his place; I recall the letter he sent to Donald Tusk on this very issue.

[Michael Tomlinson]

Was my hon. Friend not as disappointed as I was by the response to that letter, which signally failed to grasp the nettle? This could all have been resolved before Christmas, on 15 December. The answer then was no; it should have been yes.

[Suella Fernandes]

That reflects the wisdom of the current position. We must safeguard the rights of UK nationals abroad before making any move on this issue.

I was involved, with the right hon. Member for Birmingham, Edgbaston (Ms Stuart) and the hon. Member for Stretford and Urmston (Kate Green), in a cross-party study with the think-tank British Future. We made suggestions to the Government on how to regularise and deal practically with the legal position of the 3.5 million EU nationals in this country. There will be issues for the Government to deal with. For example, what should the cut-off date be? Our report recommended that the date after which the new rules should apply be the date when article 50 is triggered, at which point a legitimate expectation will have arisen in respect of new arrivals to the country. We felt that that struck the right balance between fairness and pragmatism.