European Union (Notification of Withdrawal) Bill

Natascha Engel Excerpts

2nd reading: House of Commons
Wednesday 1st February 2017 Commons Chamber

[Several hon. Members rose—]

[Madam Deputy Speaker (Natascha Engel)]

Order. I rarely get to do this, so I am going to really enjoy it: I am going to raise the time limit for the last few speeches to four minutes.

European Union (Notification of Withdrawal) Bill

Natascha Engel Excerpts

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

[Chris Leslie]

On a point of order, Ms Engel. I seek your guidance on how right hon. and hon. Members can divide on some of these incredibly crucial issues. The knife in proceedings has curtailed not just debate but our opportunity to vote on such incredibly important matters as the European arrest warrant and the single market. What can be done? Why could we not have more votes on these new clauses?

[The Second Deputy Chairman of Ways and Means (Natascha Engel)]

Before I answer the hon. Gentleman’s point of order, I should say that any further points of order will bite into the next group of amendments.

The Chairs, the Temporary Chairs and the Clerks spent a long time looking at every amendment in detail over three days, and we decided that we would put the lead new clause to a Division today and then move on to the second group. I also just want to take this opportunity to say that the Committee will vote on the issue of EU nationals on Wednesday. It is not for the Chair to explain why a decision has been taken. It has been taken, and there will be no explanation of it.

[Several hon. Members rose—]

[The Second Deputy Chairman]

Order. On that note, unless there are any new points of order, I think that we should move on. It is important that we allow as much time as possible to debate the next group of amendments.

[Wes Streeting]

Further to that point of order, Ms Engel. I am grateful to you. I do not think that any hon. Member would want to challenge the Chair’s decision. In the previous group, we discussed dozens of amendments, including my new clause 56 on our future relationship with the European economic area. The former Chancellor said that the economy was not the Government’s priority in the EU negotiations. What can we do to make sure the public are aware that we are taking our scrutiny seriously?

[The Second Deputy Chairman]

That is not a point of order. It is very close to challenging the decision of the Chair.

[Alex Salmond (Gordon) (SNP)]

rose—

[The Second Deputy Chairman]

I am happy to take the right hon. Gentleman’s point of order, but the next group is on devolved legislatures, so he will be eating into the time for the minority parties.

[Alex Salmond]

There is no challenge to the Chair in any of these points of order. Hon. Members are entitled to point out that this programme order is railroading debate on the biggest constitutional decision facing this country for 50 years. The Chairman’s Panel might have no alternative but to follow the programme order, but hon. Members are entitled to challenge it.

[The Second Deputy Chairman]

Order. This is not about the programme motion on which the House voted. That was not a decision taken by the Chairs. I think we should move on.

[Stephen Doughty]

Further to that point of order, Ms Engel. I simply seek clarification of something you said a few moments ago about the selection of the lead amendment to vote on in each case. Is it the case that in respect of all the groups of amendments we are going to debate over the next three days, only the lead amendment will be voted on? If so, I think it would be of great concern to all members of the Committee.

[The Second Deputy Chairman]

It may be, but it is not necessarily the case. For this group, we decided that only the lead amendment would lead to a Division. Let us move on.

[Mr Sheerman]

Further to that point of order, Ms Engel. On that last point, we have to answer to our constituents. Many of them will not understand why many of the amendments that have been tabled, in which they are deeply interested, have not been chosen tonight in a very open or democratic manner.

[The Second Deputy Chairman]

I am going to move on. That is not a point of order. This was a decision taken by the Chair. It was a difficult decision, and I understand Members’ frustrations, but the points have been made and we really need to move on.

New Clause 4

Joint Ministerial Committee (EU Negotiations)

“(1) In negotiating and concluding any agreements in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must consult, and take into account the views of, a Joint Ministerial Committee at intervals of no less than two months and before signing any agreements with the European Commission.

(2) In the course of consulting under subsection (1), the Secretary of State must seek to reach a consensus with the devolved administrations on—

(a) the terms of withdrawal from the European Union, and

(b) the framework for the United Kingdom’s future relationship with the European Union.

(3) Subject to subsection (4) The Joint Ministerial Committee shall consist of—

(a) the Prime Minister,

(b) Ministers of the Crown,

(c) the First Minister of Scotland and a further representative of the Scottish Government,

(d) the First Minister of Wales and a further representative of the Welsh Government, and

(e) the First Minister of Northern Ireland, the Deputy First Minister of Northern Ireland and a further representative of the Northern Ireland Executive.

(4) The Prime Minister may, for the purposes of this Act, determine that the Joint Ministerial Committee shall consist of representatives of the governing authorities of the United Kingdom, Scotland, Wales and Northern Ireland.

(5) The Joint Ministerial Committee shall produce a communique after each meeting.”—(Jenny Chapman.)

This new clause would place the role of the Joint Ministerial Committee during Brexit negotiations on a statutory footing.

Brought up, and read the First time.

[Jenny Chapman (Darlington) (Lab)]

I beg to move, That the clause be read a Second time.

[The Second Deputy Chairman of Ways and Means (Natascha Engel)]

With this it will be convenient to discuss the following:

New clause 23—Duty to Consult Scottish Government on Article 50 negotiations applying to Scotland—

“(1) In negotiating an agreement in accordance with Article 50(2) of the Treaty on European Union, a Minister of the Crown must consult Scottish Government Ministers before beginning negotiations in any area that would make provisions applying to Scotland.

(2) A provision applies to Scotland if it—

(a) modifies the legislative competence of the Scottish Parliament;

(b) modifies the functions of any member of the Scottish Government;

(c) modifies the legal status of EU nationals resident in Scotland, and Scottish nationals resident elsewhere in the EU;

(d) would have the effect of removing the UK from the EU single market.

(3) Where a Minister of the Crown consults Scottish Government Ministers on any of the provisions listed under subsection (2), or on any other matter relating to Article 50 negotiations, the discussions should be collaborative and discuss each government’s requirements of the future relationship with the EU.

(4) Where a Minister of the Crown has consulted Scottish Government Ministers on any of the provisions listed under subsection (2), the Minister of the Crown must lay a full report setting out the details of those consultations before both Houses of Parliament, and must provide a copy to the Presiding Officer of the Scottish Parliament.”

New clause 24—Joint Ministerial Committee (EU Negotiations)—duty to report—

“(1) The Joint Ministerial Committee (EU Negotiations) must publish regular reports on the impact of negotiations in accordance with Article 50(2) of the Treaty on the European Union on the devolved administrations of Scotland, Wales and Northern Ireland.

(2) The reports shall be published at intervals of no less than two months, and a report must be published after every meeting of the Joint Ministerial Committee (EU Negotiations).

(3) The reports shall include—

(a) a full minute from the most recent meeting of the Joint Ministerial Committee (EU Negotiations);

(b) oversight of negotiations with the EU, to ensure, as far as possible, that outcomes agreed by all four governments are secured from these negotiations; and

(c) any other information that the members of the Committee, in concord, judge to be non-prejudicial to the progress of the Article 50 negotiations.

(4) The reports must be laid before both Houses of Parliament, and a copy of the reports must be transmitted to the Presiding Officers of the Scottish Parliament, the Welsh Assembly, and the Northern Irish Assembly.”

New clause 26—Agreement of the Joint Ministerial Committee on European Negotiation—

“The Prime Minister may not exercise the power under section 1(1) until at least one month after all members of the Joint Ministerial Committee on European Negotiation have agreed a UK wide approach to, and objectives for, the UK’s negotiations for withdrawal from the EU.”

New clause 139—Requirement for debate on process for exiting the EU—

“The Prime Minister may not exercise the power under section 1 until—

(a) the Speaker of the House of Commons,

(b) the Lord Speaker of the House of Lords,

(c) the Presiding Officer of the Scottish Parliament,

(d) the Presiding Officer of the National Assembly for Wales, and

(e) the Speaker of the Northern Ireland Assembly

have each certified that a debate has been held in their respective legislatures in relation to the First Report of the House of Commons Exiting the European Union Committee, Session 2016-17, HC815.”

New clause 140—Meeting with the First Ministers of Devolved Administrations—

“The Prime Minister may not exercise the power under section 1 until—

(a) the Prime Minister has met with the First Ministers of Scotland, Wales and Northern Ireland to discuss the formal notification process and;

(b) the Joint Ministerial Committee has unanimously agreed to the Prime Minister making such a notification.”

New clause 144—Representation of devolved administrations in withdrawal negotiations—

“The Prime Minister may not exercise the power under section 1 until she has committed to ensuring that the devolved administrations will have direct representation in the negotiations relating to the United Kingdom’s withdrawal from the EU.”

New clause 147—Scottish Government ministers—

“For the purpose of Article 50(1) of the Treaty on the European Union the words ‘in accordance with its own constitutional requirements’ shall be deemed to require the inclusion of Scottish Government ministers in negotiations between the UK and the European Union on matters which would be reserved to the UK by virtue of any transposition from EU law but on which competence would otherwise be devolved to Scotland under any Act of Parliament.”

New clause 148—Welsh Government ministers—

“For the purpose of Article 50(1) of the Treaty on the European Union the words ‘in accordance with its own constitutional requirements’ shall be deemed to require the inclusion of Welsh Government ministers in negotiations between the UK and the European Union on matters which would be reserved to the UK by virtue of any transposition from EU law but on which competence would otherwise be devolved to Wales under any Act of Parliament.”

New clause 149—Northern Ireland Executive ministers—

“For the purpose of Article 50(1) of the Treaty on the European Union the words ‘in accordance with its own constitutional requirements’ shall be deemed to require the inclusion of Northern Ireland Executive ministers in negotiations between the UK and the European Union on matters which would be reserved to the UK by virtue of any transposition from EU law but on which competence would otherwise be devolved to Northern Ireland under any Act of Parliament.”

New clause 158—Continued levels of EU funding for Wales—

“Before the Prime Minister exercises the power under section 1, the Secretary of State must lay a report before—

(a) Parliament, and

(b) the National Assembly for Wales

outlining the effect of the United Kingdom’s withdrawal from the EU on the National Assembly for Wales’ block grant.”

This new clause would require the UK Government to lay a report before the National Assembly for Wales outlining the effect of the UK’s withdrawal from the EU on Welsh finances, before exercising the power under section 1. This would allow for scrutiny of the Leave Campaign’s promise to maintain current levels of EU funding for Wales.

New clause 159—Differentiated agreement for Wales—

“The Prime Minister may not exercise the power under section 1 until a Minister of the Crown has confirmed that Her Majesty’s Government will conduct a consultation exploring a differentiated agreement for Wales to remain in the European Economic Area.”

This new clause would require the UK Government to conduct a consultation exploring a differentiated agreement for Wales to remain in the European Economic Area, before exercising the power under section 1.

New clause 160—Endorsement of the final deal for withdrawal from the EU by the devolved assemblies—

“Before exercising the power under section 1, the Prime Minister must give a commitment that Her Majesty’s Government shall submit the terms of any proposed agreement with the European Union on the UK’s withdrawal to—

(a) the National Assembly for Wales,

(b) the Northern Ireland Assembly, and

(c) the Scottish Parliament

and that the Government will not proceed with any agreement on those terms unless it has been approved by each of the devolved assemblies.”

This new clause would require the Prime Minister to commit to gaining the endorsement of the final deal for withdrawal from the EU by the devolved assemblies, before exercising the power under section 1.

New clause 162—Review into the UK constitution—

“Before the Prime Minister can exercise the power under section 1, the Prime Minister must commit to conducting a review into the constitution of the United Kingdom following the repatriation of powers from the European Union.”

This new clause would require the Prime Minister to commit to conducting a review into the constitution of the United Kingdom when leaving the European Union, before exercising the power under section 1.

New clause 168—National Convention—

“(1) Before exercising the power under section 1, the Prime Minister must undertake to establish a National Convention on Exiting the European Union.

(2) The National Convention shall advise Her Majesty’s Government on its priorities during negotiations with the EU on the terms of the UK’s withdrawal from the EU.

(3) Ministers of the Crown must take into account the views of the National Convention before signing any agreements with the European Commission on the terms of the UK’s withdrawal from the EU.

(4) Membership of the National Convention shall be determined by the Secretary of State and shall include—

(a) elected mayors,

(b) elected representatives of local government,

(c) representatives of universities and higher education,

(d) representatives of universities and higher education,

(e) representatives of business organisations,

(f) members of the Scottish Parliament,

(g) members of the National Assembly of Wales,

(h) members of the Northern Ireland Assembly,

(i) members of the European Parliament,

(j) other representatives considered by the Secretary of State to represent expertise and experience of British civil society.

(5) The National Convention must convene before—

(a) 12 months have elapsed after this Act has received Royal Assent, or

(b) the day on which Her Majesty’s Government declares that agreement has been reached on the terms of the UK’s withdrawal from the EU, whichever is the sooner.

(6) The National Convention shall meet in public.

(7) The National Convention must, following its convening, lay a report before Parliament before—

(a) 15 months have elapsed after this Act receives Royal Assent, or

(b) the day on which Her Majesty’s Government declares that agreement has been reached on the terms of the UK’s withdrawal from the EU, whichever is the sooner.”

This new clause would require the Government to establish a National Convention of representatives across of levels of Government, regions and sectors, to meet and produce a report recommending negotiating priorities, to better reflect the needs of the regions of the UK.

New clause 145—Differentiated Agreement for Scotland—

“The Prime Minister may not exercise the power under section 1 until a Minister of the Crown has confirmed that the United Kingdom will seek a differentiated agreement for Scotland to remain in the European Economic Area.”

New clause 150—Priority in negotiations: Northern Ireland—

“It must be a priority in negotiations for the United Kingdom’s withdrawal from the EU for the Prime Minister to seek terms that would not give rise to any external impediment to the people of the island of Ireland exercising their right of self-determination on the basis of consent, freely and concurrently given, North and South, to bring about a united Ireland, to then be treated as a member State of the European Union, if that is their wish, subject to the agreement and consent of a majority of the people of Northern Ireland.”

This new clause seeks to preserve the key constitutional precept of the Belfast Agreement, in respect of the principle of consent, applying to future EU membership of a united Ireland agreed by a referendum under the Belfast Agreement and the Northern Ireland Act 1998.

Amendment 88, in clause 1, page 1, line 3, at end insert

“, provided the consent of the Northern Ireland Assembly is obtained prior to such notification regarding alterations to the legislative competence of that Assembly and the executive competence of the Northern Ireland Executive Committee, consistent with constitutional convention.”

This amendment would ensure that the consent of the Northern Ireland Assembly to changes in the powers of the Assembly and powers of the Northern Ireland Executive would be obtained prior to triggering Article 50, consistent with constitutional convention.

Amendment 91, page 1, line 3, at end insert “following consultation with—

(a) the First Minister of Scotland,

(b) the First Minister of Wales,

(c) the First Minister of Northern Ireland and the Deputy First Minister of Northern Ireland,

(d) the Chair of the English Local Government Association the Mayor of London.”

Amendment 46, page 1, line 3, at end insert—

“(1A) The Prime Minister may not notify under subsection (1) unless the Scottish Parliament, Northern Ireland Assembly and National Assembly for Wales agree motions to consent to the notification.”

Amendment 55, page 1, line 3, at end insert—

“(1A) The Prime Minister may not notify under subsection (1) until the Northern Ireland Executive has been formed following elections in Northern Ireland on 2 March 2017.”

Amendment 60, page 1, line 3, at end insert—

“(1A) The Prime Minister may not notify under subsection (1) until the British-Irish Council has met to discuss the immediate effect of the United Kingdom’s withdrawal from the EU on the United Kingdom’s land border with Ireland.”

Amendment 63, page 1, line 3, at end insert—

“(1A) The Prime Minister may not notify under subsection (1) until she has addressed the Scottish Parliament, Northern Ireland Assembly and National Assembly of Wales on the process of the United Kingdom’s withdrawal from the EU.”

Amendment 90, page 1, line 3, at end insert—

“(1A) The Prime Minister may not notify under subsection (1) until she has confirmed that Her Majesty’s Government will publish a report into the powers repatriated from the EU to the United Kingdom and which do not fall within the Reservations listed in Schedule 7A of the Government of Wales Act 2006, outlining their impact on the competencies of the National Assembly for Wales.”

This amendment would require the UK Government to publish a report into the repatriated EU powers which fall under the competencies of the National Assembly for Wales before notifying under subsection (1).

Amendment 92, page 1, line 3, at end insert—

“(1A) The Prime Minister may not notify under subsection (1) until she has laid before both Houses of Parliament an assessment of the powers expected to be repatriated from the EU to the United Kingdom which are within the competences of Northern Ireland Ministers and the Northern Ireland Assembly under the Northern Ireland Act 1998.”

Amendment 18, page 1, line 5, at end insert—

“(3) Before exercising the power under section 1, the Prime Minister must publish and lay before the House a report setting out how the devolved nations of the United Kingdom will be consulted with, and involved, in the negotiations in accordance with Article 50(2) of the Treaty on the European Union.”

Amendment 86, page 1, line 5, at end insert

“with the exception of the Northern Ireland Act 1998 and section 2 of the Ireland Act 1949, and subject to—

(a) the United Kingdom’s obligations under the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland of 10 April 1998, and

(b) preserving acquired rights in Northern Ireland under European Union law.”

This amendment requires the power to notify withdrawal to be exercised with regard to the constitutional, institutional and rights provisions of the Belfast Agreement.

New clause 109—Provisions of the Good Friday Agreement—

“Before exercising the power under section 1, the Prime Minister shall commit to maintaining the provisions of the Good Friday Agreement and subsequent Agreements agreed between the United Kingdom and Ireland since 1998, including—

(a) the free movement of people, goods and services on the island of Ireland;

(b) citizenship rights;

(c) the preservation of institutions set up relating to strands 2 and 3 of the Good Friday Agreement;

(d) human rights and equality;

(e) the principle of consent; and

(f) the status of the Irish language.”

[Jenny Chapman]

New clause 4, tabled in my name and those of my hon. Friends, requires the Government to consult and take into account the views of a Joint Ministerial Committee at intervals of no less than two months and before signing any agreements with the European Union. The Labour party is trying to be reasonable in this new clause. We do not want to block Brexit, but to make sure that the Government do Brexit well. The new clause is very simple and, I think, very sensible.

Scotland, Northern Ireland and Wales must be included and taken into account throughout the process by which the UK Government negotiate our terms of withdrawal from the European Union and, equally importantly, the framework for our future relationship with the EU. New clause 4 would place the Joint Ministerial Committee on a statutory footing. The Committee would include the Prime Minister, Ministers of the Crown, the First Minister of Scotland and an additional representative, the First Minister of Wales and an additional representative, the First Minister of Northern Ireland and their Deputy, and a further representative of Northern Ireland.

The Labour Party is committed to enabling the devolved Administrations to have their voices heard in this debate. Amendment 91, tabled by my hon. Friend the Member for Nottingham East (Chris Leslie), proposes that, in addition, the London Mayor should be consulted—and Labour would, of course, support this position.

--- Later in debate ---

[Stewart Malcolm McDonald (Glasgow South) (SNP)]

On a point of order, Ms Engel. Was what the right hon. Member for East Devon (Sir Hugo Swire) just said in order? He accused the First Minister of Scotland of misleading the country by stating something that Members of this House in the Scottish National party have also said, so is he by extension accusing me and my hon. Friends of misleading the Chamber?

[The Second Deputy Chairman of Ways and Means (Natascha Engel)]

It was not unparliamentary as the First Minister of Scotland is not a Member of this House.

[Mr Harper]

I am conscious that I have taken interventions from the Government Benches but not from the Opposition Benches. I give way to the right hon. Member for Delyn (Mr Hanson).

--- Later in debate ---

[Mr Sheerman]

On a point of order, Ms Engel. The right hon. Member for Forest of Dean (Mr Harper) has been speaking for 22 minutes. Charming as he is, it seems that he has been filibustering the House, as he did in the previous debate, to prevent honest debate and opinion from being expressed this evening. What is going on?

[The Second Deputy Chairman of Ways and Means (Natascha Engel)]

As the hon. Gentleman is aware, there are no time limits at this stage of a Bill. There is a limited amount of time available, as the right hon. Member for Forest of Dean (Mr Harper) knows. He has spoken at great length and he spoke at great length on the previous group. I have been listening very carefully and he has remained in order and spoken to the amendments and new clauses. There is nothing out of order in what he has said, but perhaps the right hon. Gentleman will be aware of the mood of the Committee.

[Mr Harper]

I have taken interventions from colleagues on both sides of the Chamber, just as I did in the previous group, but I will take your admonition, Ms Engel, and not take so many interventions from now on.

I set out the points that I wished to cover at the beginning of my remarks. Colleagues who have been following carefully will know that I have only one point left, and I will cover it, because it is on the very important matter of Northern Ireland. Colleagues will be pleased to know that that is the last point I will make.

Two new clauses have been put forward on Northern Ireland. New clause 150 is about priority in negotiations, and it would ensure that people in Northern Ireland would have no external impediment to exercising their right of self-determination. Although it talks about bringing about a united Ireland, with which I do not agree, nothing in the process of exiting the European Union would have any impact on that. The legislation that governs the mechanisms available to my right hon. Friend the Secretary of State to do with border polls and so forth have nothing whatever to do with this process, so there is no need to accept this new clause.

--- Later in debate ---

[Mr Harper]

Based on the Twitter trolling that I receive, I suspect that most people contacting the hon. and learned Lady would already have supported the nationalists in the first place. With the successful campaigning efforts of my friend, the leader of the Scottish Conservatives, it seems that those of a Unionist disposition in Scotland are very much moving to support the Conservative party in Scotland, which is why she is the Leader of the Opposition there.

[The Second Deputy Chairman of Ways and Means (Natascha Engel)]

Order. We really must get back to the group of amendments.

[Mr Harper]

I have been tempted to speak for longer than I had intended.

I hope that, after running through the new clauses and amendments in this group, I have set out reasons why all of them should be opposed by those who wish to trigger article 50. If any of them are pressed to a Division, I hope the Committeee rejects them.

European Union (Notification of Withdrawal) Bill

Natascha Engel Excerpts

Committee: 2nd sitting: House of Commons
Tuesday 7th February 2017 Commons Chamber

[Paul Farrelly (Newcastle-under-Lyme) (Lab)]

On a point of order, Ms Engel, I would be grateful if you explained not only to the Committee, but to the country that, of all the amendments grouped for debate, the Committee will only vote on new clause 1 today.

[The Second Deputy Chairman of Ways and Means (Natascha Engel)]

I think the hon. Gentleman knows the answer to his question. This is very early for points of order, as we have not even started. As he knows, the grouping of amendments was the subject of the programme motion that was voted on last week. As he says, there will be a Division on the lead amendment. As for subsequent amendments, it depends on what happens in the rest of the debate.

New Clause 1

Parliamentary approval for agreements with the Union

“(1) Where a Minister of the Crown proposes to conclude an agreement with the European Union setting out the arrangements for the withdrawal of the United Kingdom from the European Union—

(a) the Secretary of State must lay before Parliament a statement of the proposed terms of the agreement, and

(b) no Minister of the Crown may conclude any such agreement unless the proposed terms have been approved by resolution of both Houses.

(2) The requirements of subsection (1) also apply where a Minister of the Crown proposes to conclude an agreement with the European Union for the future relationship of the United Kingdom with the European Union.

(3) In the case of a proposed agreement setting out the arrangements for the withdrawal of the United Kingdom from the European Union, the statement under subsection (1)(a) must be laid before the proposed terms are agreed with the Commission with a view to their approval by the European Parliament or the Council.”—(Keir Starmer.)

This new clause requires Ministers to seek the approval of Parliament of any proposed Withdrawal Agreement before final terms are agreed with the Commission and prior to endorsement by the European Parliament and Council.

Brought up, and read the First time.

[Keir Starmer (Holborn and St Pancras) (Lab)]

I beg to move, That the clause be read a Second time.

[The Second Deputy Chairman of Ways and Means (Natascha Engel)]

With this it will be convenient to discuss the following:

New clause 18—New Treaties with the European Union—

“So far as any of the provisions of any new treaty with the European Union may depend for ratification solely upon the exercise of prerogative, they shall not be ratified except with the express approval of Parliament.”

This new clause would ensure that any future treaties made with the European Union must be ratified with the express approval of Parliament.

New clause 19—Future relationship with the European Union—

“(1) Following the exercise of the power in section 1, any new treaty or relationship with the European Union must be subject to the express approval of Parliament.

(2) It shall be the policy of Her Majesty’s Government that, in the event of Parliament declining to approve such a new treaty or relationship, further time to continue negotiations with the European Union shall be sought.”

This new clause seeks to ensure that, if Parliament declines to give approval to any new deal or treaty following the negotiations in respect of the triggering of Article 50(2), that Her Majesty’s Government shall endeavour to seek further time to continue negotiations for an alternative relationship with the European Union.

New clause 28—Parliamentary sovereignty—

“Before exercising the power under section 1, the Prime Minister must undertake that a vote on the proposed agreement setting out—

(a) the arrangements for withdrawal, and

(b) the future relationship with the European Union

will take place in the House of Commons before any vote in the European Parliament.”

This new clause puts a requirement on the Prime Minister to ensure a vote on final terms takes place in the House of Commons before the European Parliament votes on the deal.

New clause 54—Negotiating timeframe—

“Before exercising the power under section 1, the Prime Minister must undertake that if Parliament does not approve the terms for withdrawal and the future relationship within 24 months of notifying the United Kingdom’s intention to withdraw from the EU, she will request that the European Council extends the time period for negotiations.”

This new clause makes provision for a situation in which negotiations have not been concluded or in which Parliament has not approved the deal either because of time constraints or because it has declined to give approval. In any of these situations the Prime Minister would seek extra time to continue negotiations with the EU.

New clause 99—Parliamentary approval of the final terms of withdrawal from the EU—

“The United Kingdom shall withdraw from the EU once either—

(a) Royal Assent is granted to an Act of Parliament that approves—

(i) the arrangements for withdrawal, and

(ii) the future relationship between the United Kingdom and the EU

as agreed to between the United Kingdom and EU, or

(b) Royal Assent is granted to an Act of Parliament that approves the United Kingdom’s withdrawal without an agreement being reached between the United Kingdom and the EU.”

This new clause aims to embed parliamentary sovereignty throughout the process and requires primary legislation to give effect to any agreement on withdrawal or for withdrawal without such an agreement.

New clause 110—Future relationship with the European Union—

“(1) Following the exercise of the power in section 1, any new Treaty or relationship with the European Union must not be concluded unless the proposed terms have been subject to approval by resolution of each House of Parliament.

(2) In the case of any new Treaty or relationship with the European Union, the proposed terms must be approved by resolution of each House of Parliament before they are agreed with the European Commission, with a view to their approval by the European Parliament or the European Council.”

This new clause seeks to ensure that Parliament must give approval to any new deal or Treaty following the negotiations in respect of the triggering of Article 50(2), and that any new Treaty or relationship must be approved by Parliament in advance of final agreement with the European Commission, European Parliament or European Council.

New clause 137—Future relationship with the European Union—

“(1) Following the exercise of the power in Section 1, any new treaty or relationship with the European Union must be subject to the express approval of Parliament.

(2) In the event of Parliament declining to approve the new treaty or relationship set out in subsection (1), Her Majesty’s Government shall seek to negotiate an alternative new agreement with the European Union.”

The Prime Minister has guaranteed that Parliament will have a vote on the final deal between the UK and the EU. This new clause is intended to make that vote meaningful by ensuring that if Parliament votes against the terms of such a deal, the Government shall try to negotiate an alternative future trading agreement and shall not default without agreement to the World Trade Organisation rules.

New clause 175—Request for Suspension of Authorisation—

“If Parliament has not approved terms on which the UK will leave the European Union within the two years specified in Clause 3 of Article 50 of the Lisbon Treaty, or any extension of the negotiation period agreed in accordance with that clause, then the Government must request the European Council to consider the notification authorised by this Act as suspended.”

This new clause would require that Her Majesty’s Government request the European Council to suspend the notification of the United Kingdom’s intention to leave the European Union if Parliament does not approve the terms of departure.

New clause 180—UK—EU membership: reset (No.2)—

“The Prime Minister may not exercise the power under section 1(1) until she has sought an undertaking from the European Council that failure by the Parliament of the United Kingdom to approve the terms of exit for the UK will result in the maintenance of UK membership on existing terms.”

New clause 182—Parliamentary approval for agreements with the Union—

“(1) Where a Minister of the Crown proposes to conclude an agreement with the European Union setting out the arrangements for the withdrawal of the United Kingdom from the European Union—

(a) the Secretary of State must lay before Parliament a statement of the proposed terms of the agreement, and

(b) no Minister of the Crown may conclude any such agreement unless the proposed terms have been approved by resolution of both Houses.

(2) The requirements of subsection (1) also apply where a Minister of the Crown proposes to conclude an agreement with the European Union for the future relationship of the United Kingdom with the European Union.

(3) In the case of a proposed agreement setting out the arrangements for the withdrawal of the United Kingdom from the European Union, the statement under subsection (1)(a) must be laid before the proposed terms are agreed with the Commission with a view to their approval by the European Parliament or the Council.

(4) In laying a statement before Parliament under subsection (1)(a), Her Majesty’s Government shall have regard to the requirements of Parliament for adequate time to consider the statement before the proposed terms are put to each House for approval under subsection (1)(b).”

This new clause is an alternative version of NC1 which provides for additional time being allowed for consideration by Parliament of the proposed terms of the agreement before the vote.

Amendment 50, in clause 1, page 1, line 3, at end insert—

“(1A) The Prime Minister may not notify under subsection (1) until a Minister of the Crown has published an assessment on whether such a notification can later be revoked, and laid a copy of the assessment before Parliament.”

Amendment 20, page 1, line 5, at end insert—

“(3) If the power is exercised under subsection (1), the Prime Minister’s commitment to hold a vote in both Houses of Parliament on the outcome of the negotiations with the European Union shall include the option to retain membership of the EU.”

Recognising that the Government wishes to begin negotiations on a deal to leave the EU, and recognising the Supreme Court ruling on the sovereignty of Parliament, this amendment provides a safety net, ensuring that there is a real vote on the outcome deal that provides the option of the UK staying in a reformed EU should the final terms of the deal be detrimental to the UK’s national interest.

Amendment 43, page 1, line 5, at end insert—

“(3) Before exercising the power under section 1, the Prime Minister must prepare and publish a report on the process for ratifying the United Kingdom’s new relationship with the European Union through a public referendum.”

[Keir Starmer]

In speaking to new clause 1, I will touch on other new clauses in the bucket. As we go through the debate on these amendments, which is probably the most important debate that we have had thus far and are going to have, it is important that we remind ourselves of the context. The negotiations that will take place under article 50 will be the most difficult, complex and important for decades—arguably, since the second world war. Among other things, it is important that we ensure the best outcome for our economy and jobs, and the trading agreements. As I have said on a number of occasions, what that entails is very clear; we must have tariff-free and barrier-free access to the single market, regulatory alignment, and full access for services and goods. In the White Paper published last Thursday, the Government accept the strength of those arguments about the trading agreements.

It is important that we have the right ongoing future relationship with our EU partners. Labour has been forceful in arguing for maintaining close collaboration with our partners in the fields of medicine, science, research, education, culture, security, policing and counter-terrorism. Although the Prime Minister and the Secretary of State maintain the idea that all this can be agreed within two years, leaving just an implementation stage, the reality is that we will have two deals: the article 50 agreement and a new UK-EU treaty setting out the new arrangements, along with transitional arrangements.

To be clear, we all have a vested interest, on behalf of all our constituents, in getting the right outcome, and that raises the proper role of Parliament in this process. That is why I have consistently argued for three elements of scrutiny and accountability, and this is a debate that, in a sense, has been going on for the last three months. The first element, which I started the argument for last October, was that, at the start, we should have a plan or White Paper—a formal document setting out the negotiating objectives. We should then have a system for reporting back during the negotiations, and we should have a vote at the end of the exercise. Those are the three elements of scrutiny and accountability that I have argued for.

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[Joanna Cherry (Edinburgh South West) (SNP)]

The hon. and learned Gentleman has ably outlined the Government’s position to date. He has ably shown all of us that the Government have made quite a major change in their position today. That change in position appears to have taken place when we are debating many differently nuanced amendments about the circumstances surrounding a final vote, so does he agree that it is important for the Government to commit to exactly what their concession is in writing, and to do so in the appropriate way, which would be by way of a manuscript amendment?

[The Second Deputy Chairman of Ways and Means (Natascha Engel)]

Order. Could I ask that interventions be a bit more brief, because we have only four hours for this debate and a lot of people to get through?

[Keir Starmer]

I am grateful for the intervention by the hon. and learned Lady. It would be helpful if we had both clarification and, if possible, a written form of the concession that has been made so that we can all see what it is.

[Vernon Coaker (Gedling) (Lab)]

On a point of order, Ms Engel. Given that, as the hon. and learned Member for Edinburgh South West (Joanna Cherry) said, we require some sort of information as to what the Government are putting forward, is there any way in which you can require the Government to put before us a manuscript amendment so that we actually know what we are debating for the rest of the afternoon?

[The Second Deputy Chairman]

The Minister will be speaking later, and I am sure that he will explain then.

[Keir Starmer]

I am sure that the Minister hears what is being said. What has been said, today is significant—there has been a concession, and it now needs to be put in writing. A great deal of this debate should now be spent probing the concession that has been made.

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[Mr Mark Harper (Forest of Dean) (Con)]

I want to come back to the point made by the right hon. Member for Sheffield, Hallam (Mr Clegg) about the timing of the two deals that are being negotiated in parallel: the exit deal and the framework for our future relationship. I think we can be a little more optimistic than he is. In article 50, it is envisaged that the negotiation for the exit agreement can only be done taking into account the framework for the future relationship. Article 50 envisages those two agreements being negotiated in parallel, so I think that what the Minister has set out has every prospect of coming to fruition.

[The Second Deputy Chairman of Ways and Means (Natascha Engel)]

I implore Members to keep interventions shorter. They are very, very long—they are little speeches—and we have got very little time. I implore Members to keep them a bit briefer.

[Mr Jones]

My right hon. Friend is right. Article 50 states that the negotiations for the withdrawal agreement should be set against the framework of the continuing relationship. On the face of it, a twin-track approach is envisaged in article 50.

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[Ms Angela Eagle]

On a point of order, Ms Engel. Surely new clause 1 is in order; otherwise, we would not be debating it.

[The Second Deputy Chairman of Ways and Means (Natascha Engel)]

I do not think that that is a point of order; it is not a matter for the Chair.

[Sir William Cash]

I am sure that it is in order. The problem is whether we vote for it, and there are extremely good reasons for not doing so. New clause 1 and the other amendments have been tabled by honourable people—hon. Members on both sides of the House, and some right hon. Members—but they know perfectly well what they are doing. They are trying to delay, to obstruct and to prevent the Bill from going through, and I say, “Shame on you!”

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[Mr Tyrie]

rose—

[The Second Deputy Chairman of Ways and Means (Natascha Engel)]

Order. I am happy to call the right hon. Gentleman if he can speak for only two or three minutes.

[Mr Tyrie]

I will limit my contribution to a couple of minutes and confine it to a few questions for the Minister. The concession that he gave at the start is significant; the question is: how significant? What did he mean when he said that the Government “will bring forward a motion on the final agreement”? He must mean the proposed agreement. I noticed that he changed the wording to “final draft agreement”. Is he talking about the draft agreement, or a final agreement, at a point at which it is too late to change it?

Secondly, the Minister says that he expects and intends that this place will get a say before the European Parliament. In what circumstances is it practically possible for us not to have that if the Government want us to have it? Thirdly, will he answer the equivalence point that has been made by my hon. Friend the Member for Devizes (Claire Perry)? We must be able to have at least as much say as the European Parliament.

Fourthly, will the Minister clarify that the WTO cliff-edge issue needs to be subsumed into the issue of transitional arrangements? If the Government put the need to negotiate transitional arrangements as their No. 1 priority and they succeed at least in getting a deal on that, that deal can trigger article 50(3) to enable an extended period of further discussion, should all other aspects of the deal fail. Does he accept that that is a reasonable and sensible approach to take the debate forward? If he does, I might consider not voting against the Government, as I am minded, uncharacteristically, to do. I will listen carefully to what he has to say.

[The Second Deputy Chairman of Ways and Means (Natascha Engel)]

I call Mr David Jones.

[Mr David Jones]

Thank you very much indeed, Ms Engel, for giving me a second bite of the cherry.

May I deal first with the points made by my right hon. Friend the Member for Chichester (Mr Tyrie), the Chair of the Treasury Committee? He asked direct questions that had been raised during the debate. I thought that I had answered them with some clarity, but I am happy to clarify further. First, he asked what this honourable House would be asked to approve. It would be the final agreed draft of the agreement before it was submitted to the European Parliament. He mentioned that we had indicated that we expected and intended that that would happen before the European Parliament debated the agreement. The reason why that formulation is used is that what the Commission does with the information it sends to the European Parliament is out of our hands. Although we would do our very best to ensure that the House voted first, we cannot control what the Commission does.

My right hon. Friend raised the issue of equivalence. Of course, the difference is that the European Parliament has a role prescribed for it in article 50, but this House does not. In practical terms, I suggest that a vote of this House would be a matter of significance. Finally, he raised transitional arrangements, which have been mentioned by a number of hon. Members. As the Prime Minister has already made clear, it is our intention, if necessary, to look to a period of implementation for whatever arrangement we arrive at with the European Union.

European Union (Notification of Withdrawal) Bill

Natascha Engel Excerpts

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

[Chris Leslie]

On a point of order, Ms Engel. The Minister said that the amendments were not for this Bill. Will you remind the House that the Chair has ruled that all the amendments are within the scope of the Bill?

[The Second Deputy Chairman of Ways and Means (Natascha Engel)]

The Chair’s ruling has been mentioned time and again. The Content of amendments is a matter for debate.

[Mr David Jones]

Thank you, Ms Engel. The amendments will be debated at a later stage.

New clauses 2, 7, 100, 163 and 193, as well as amendments 32, 34, 40 and 55, would require the Prime Minister either to have regard to, or to set out in a report, a number of matters prior to triggering article 50. Those include, but are not limited to, the common travel area with the Republic of Ireland and the preservation of peace in Northern Ireland; tariff-free trade with the European Union; workers’, women’s, human, civil, social and political rights; climate change and environmental standards; and the British economy and economic model. The White Paper published last week sets out our strategic aims for the negotiations and covers many of the topics that hon. Members have addressed in these and other amendments.

With regard to the common travel area, for instance, we have already stressed that we are committed to working with both the Irish Government and the Northern Ireland Executive to recognise the unique economic, social and political context of the land border between the UK and Ireland. We have also made it clear that we are seeking a bold and comprehensive free trade agreement with the European Union that is as tariff-free and frictionless as possible.

On new clause 7, which concerns the preservation of EU tax avoidance measures, the Prime Minister has made it very clear that we will convert the acquis into British law, and that it will then be for the British Parliament to decide on any changes to that law, with appropriate scrutiny. Similarly, amendments 7, 9 and 38 to clause 1 and new clauses 16, 70 and 133 seek to require the Government to commit to a position on specific issues before triggering article 50. Amendment 7, for example, seeks to ensure that the UK continues to participate in EU common foreign and security policy after withdrawal from the European Union. A matter such as that cannot be resolved through unilateral action and, instead, must be clearly addressed through discussion with the other 27 member states of the EU. We have been clear that we want to see continued close co-operation on foreign and security policy with European partners, but those discussions can begin only after article 50 has been triggered.

New clause 16 is designed to ensure that the employment rights of those living or working in the UK will be unaffected by the Bill. The Government have made it clear that not only will there be no change to employment protections as a result of triggering article 50, but we will protect and enhance the rights people have at work.