European Union (Withdrawal) (No. 5) Bill

Debate between Oliver Letwin and Steve Baker

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 3rd April 2019 Commons Chamber

[Sir Oliver Letwin]

I thought it might be productive to intervene on my hon. Friend’s remarks, with literally all of which I disagree profoundly. On this one point, I think it might be productive because there is a fact about this that he will see if he looks at the amendment paper. The Government have tabled new clause 13, which many of us feel is a very sensible proposal and whose acceptance we therefore recommend. It specifically provides for a negative resolution statutory instrument to be substituted for an affirmative resolution SI, in order that it could be made immediately upon being deposited, rather than awaiting the approval of the House. That could obviously be subject to revision later under the negative resolution prayer procedure, but we would all have to be a gang of lunatics not to keep the exit day in line with international law if, as a matter of fact and for better or worse, the Prime Minister had agreed a given date of exit.

[Mr Baker]

Will my right hon. Friend give way on that point? [Laughter.]

[Sir Oliver Letwin]

Alas, my hon. Friend the Member for Stone has the floor. There has been a discussion about all this, and the Government’s new clause 13 is a perfectly sensible way of solving the one serious point that he has raised.

European Union (Withdrawal) Bill

Debate between Oliver Letwin and Steve Baker

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

[Sir Oliver Letwin (West Dorset) (Con)]

After the sifting committee has received an explanatory statement and before it makes a sift, will the committee also have access to Ministers to question them if it cannot understand what the affirmative or negative instrument is about?

[Mr Baker]

I very much hope that the committee will be able to understand things through our meeting the requirements for explanatory memorandums that we have set out in the Bill, but I would of course expect Ministers to be helpful to the committee. We need to get statutory instruments through smoothly, and we would want to support the committee in reaching its decisions.

I will now jump ahead in my remarks to deal with new clause 3 and the Belfast agreement. New clause 3, which was tabled by the hon. Member for Nottingham East (Mr Leslie), is important, and I reiterate that the Government remain steadfast in their commitments to the Belfast agreement and its associated obligations under international law.

European Union (Withdrawal) Bill

Debate between Oliver Letwin and Steve Baker

Committee: 8th sitting: House of Commons
Wednesday 20th December 2017 Commons Chamber

[The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Steve Baker)]

I am happy to tell the Committee that that is the case, as I shall confirm later.

[Sir Oliver Letwin]

I am delighted by that. It is important to people on both sides of the arguments that it be something that Parliament can do, not that Ministers may simply do on their own. I know that my hon. Friend the Member for North East Somerset (Mr Rees-Mogg), my south-western neighbour at the end of the Bench, very much agrees with that proposition, as does my right hon. and learned Friend the Member for Beaconsfield in the middle.

European Union (Withdrawal) Bill

Debate between Oliver Letwin and Steve Baker

Committee: 6th sitting: House of Commons
Tuesday 12th December 2017 Commons Chamber

[Sir Oliver Letwin]

Except of course it is, because if the amendment is accepted, as the Government intend, the committee will be empowered to make a recommendation to have something debated by the affirmative procedure in the House should such an eventuality arise. In those circumstances, if we have an assurance from the Dispatch Box that something will be so debated, the hon. Gentleman and I will be able to join forces to prevent such a thing from happening. That is a genuine lock, and this debate depends on whether we want to engage in party political games or whether we want a serious approach to ensuring ministerial accountability. Amendment 397 is serious, and my hon. Friends and I are keen to ensure that its changes are made. I note that my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) has also put his name to the amendment, which gives me great comfort that it is a serious effort to cure the problem.

[The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Steve Baker)]

On the point made by the hon. Member for Rhondda (Chris Bryant) about amending the Act, which I will refer to in my own speech, I just want to draw the Committee’s attention to paragraph 6 (2)(g) of Schedule 7. For us to amend the Act, any change would have to relate to the withdrawal agreement and its implementation and would be subject to a vote in both Houses.

[Sir Oliver Letwin]

That is indeed true. I suppose that Opposition Members would tend to argue that only the courts could enforce that, which is an oddity with the principle of comity, but I think we are dancing on the heads of pins here. I am confident that the Government do not intend to use that power to get rid of the constraints within the Bill. I am equally confident that the serious issue here is whether significant changes are proposed by the negative procedure and, I repeat, the Procedure Committee amendment seems to handle that serious issue, which is in contrast to the highly hypothetical considerations that have already been put before the Committee.

Amendments 62 and 63 were, in a different form, the subject of some serious discussions earlier in Committee. They relate to how we bring the important environmental principles in the treaty on the functioning of the European Union into English law at the time of withdrawal and to how we replace the useful role that the Commission has played in being an independent enforcement agency for environmental law that is governed by those principles in its procedures and substantive actions.

--- Later in debate ---

[Mr Baker]

I rise to speak to clause 7 and to amendment 391, tabled by my right hon. Friend the Secretary of State, which puts the Government’s commitment to transparency into the Bill by requiring that the explanatory memorandums relating to each statutory instrument must include a number of specific statements. I would like to put it on the record that the Government will support the amendments tabled by my hon. Friend the Member for Broxbourne (Mr Walker) on behalf of the Procedure Committee—I will be happy to move them formally if the Chair does not call them for separate decisions. I see from my speaking notes that I am due to speak to approximately 134 amendments, so I apologise in advance if I deal with any of them superficially.

The Government do not propose delegated powers lightly; we do so only when we are confident that secondary legislation is the most appropriate way to address an issue. This House is right to guard jealously its rights and privileges. It is for the purpose of taking back control to this Parliament that millions of people voted to leave the European Union. We want to limit any powers that we are seeking, in so far as we can, while ensuring that they can meet the imperative of delivering a working statute book on exit day.

The power in clause 7 is essential to achieve continuity and stability in the law. The day the UK leaves the EU is drawing ever nearer. If we simply stop at converting and preserving retained EU law, the day after exit the UK statute book will contain many thousands of inaccuracies, holes and provisions that are not appropriate. That would have real-world consequences, leaving errors in the laws that businesses and individuals, sometimes unknowingly, rely on every day. I am grateful that the general premise that we need to take these steps has been accepted by Members on both sides of the Committee and on the Labour Front Bench.

The power in clause 7 is intrinsically limited. As I and other Ministers, including the Secretary of State, have said from this Dispatch Box, it is not a power for Ministers to change law simply because they did not like it before we left the EU. Clause 7(1) is clear that Ministers may only do what is

“appropriate to prevent, remedy or mitigate—

(a) any failure of retained EU law to operate effectively, or

(b) any other deficiency in retained EU law,

arising from the withdrawal of the United Kingdom from the EU.”

If an issue does not arise from our withdrawal from the EU, Ministers may not amend the law using the powers in the clause.

Clause 7 is required to address failures to operate and deficiencies where the law does not operate effectively—for example, with reciprocal arrangements between the UK and the EU that have not formed part of any new agreement. Subsection (2) illustrates what these deficiencies might be. The clause is also subject to a number of direct limitations: it sunsets two years after exit day; and, as listed in subsection (6), it cannot impose or increase taxation, make retrospective provision, create certain types of criminal offence, implement the withdrawal agreement, amend the Human Rights Act 1998 or amend some sections of the Northern Ireland Act 1998.

[Sir Oliver Letwin]

Will the Minister clarify from the Dispatch Box that Opposition Members’ assertions that it would be possible under the provisions for the Government to introduce secondary instruments that changed the safeguards in the Bill are misplaced because no court would allow that to happen under the provisions of appropriateness and deficiencies?

[Mr Baker]

I am very grateful to my right hon. Friend. I will come on to the specific differences between clause 7 and clause 9 in relation to the power to amend the Act, but I will say now that the Act itself cannot be amended under clause 7. I will come on to develop that point later.

Clause 7(5) lists some possible uses of the power. These could range from fairly mechanistic changes to correct inaccurate references, to more substantial changes to transfer important functions and services from EU institutions to UK equivalents. Both types of change are important to keep the law functioning appropriately. At this stage, we do not know for certain what corrections might need to be made. The negotiations continue and there is a large volume of law to correct in a short space of time.

Deregulation Bill

Debate between Oliver Letwin and Steve Baker

Monday 3rd February 2014 Commons Chamber

[Steve Baker (Wycombe) (Con)]

rose—

[Mr Letwin]

I will give way to both my hon. Friends, but then if the House will forgive me, I will make some progress.

[Mr Letwin]

My hon. Friend is quite right. Leaving aside the badinage induced by Opposition Members, the serious point is that even before the renegotiation, the Government have made an extremely serious attempt at deregulation in the EU, working with British business to identify the most important things—I will send a list of them to the hon. Member for Bassetlaw (John Mann), too, because I doubt he has taken the trouble to read what has already been widely published—but that is an arduous undertaking. By contrast, the Bill deals with those things that we can manage under our control in this House, and we should do so right away.

[Steve Baker]

I welcome the Bill and reassure my right hon. Friend that I would be surprised if history remembered this Government as radically liberal. Before he goes too much further into the detail, however, will he reassure me that he has considered, or that he will consider, sunset clauses for all new regulations?

[Mr Letwin]

I have good news for my hon. Friend: it is not a matter of considering it; we have done it. Every single new regulation we have brought in—incidentally, their number is limited by our one in, two out principle, which means they are slightly more than twice balanced by things that we have removed from the statute book—contains a sunset provision. We took that step right at the beginning of our taking office, and the purpose is to ensure that people do not mindlessly roll out the same regulations long after they have passed their sell-by date.

If I may, I want to return to the Bill—for a moment at least. To set the scene, the Bill is just one small part of the process. The red tape challenge looked at about 6,000 regulations. The one in, two out constraint holds back the stream, while the red tape challenge removes water from the lake behind the dam. In addition, and just as importantly, we have spent an enormous amount of time and energy focusing on enforcement, because it is not just a matter of what regulations or indeed statutory guidance are in place, but a matter of how things are enforced. We have been taking considerable steps to ensure that the agencies responsible for regulation enforce in a way that is much more conscious of the needs of our businesses.

In that context, clause 61, which is probably the single most important clause in the Bill, creates a growth duty—[Interruption.] Do look it up, please; it is useful for Opposition Members to know about a Bill when they are about to launch an attack on it. The clause requires our non-economic regulators, every time they make a decision, to spend time and energy considering whether that decision takes proper account of the need for economic growth. That is not to say that that consideration should overrule all regulators’ duties, but we are trying to create a sense of proportionality and to ensure that our regulators consider effects on growth as they go about their duties.

Open Public Services White Paper

Debate between Oliver Letwin and Steve Baker

Monday 11th July 2011 Commons Chamber

[Mr Letwin]

The hon. Lady appears to think that we are talking about amounts of money here, but what we are talking about is how the same amount of money is used. Whatever amount of money is being spent at the moment on a park, we say that the locals should have the right to challenge and to be able to take over the park if they can provide a proper way of running it themselves for the same amount of money—neither more nor less. I would have thought that the hon. Lady shared that ambition with me; it will not cause the problem she alludes to.

[Steve Baker (Wycombe) (Con)]

I congratulate the Government on picking up the best of the Blair legacy for the purposes of these reforms. Like the Minister, I noted the observation of the right hon. Member for Dulwich and West Norwood (Tessa Jowell) that there was nothing new in the White Paper. What consideration have the Government given to the role of trade unions as providers and enablers, and does the Minister believe that they could provide such services for their members?

[Mr Letwin]

I hope very much that trade unions will play a role. In conjunction with Cabinet colleagues, I am holding a series of meetings with public service unions to discuss how they can help to design some of the details of the reforms so that they will work better.