Online Safety Bill

Debate between Paul Scully and William Cash

Consideration of Lords amendments
Tuesday 12th September 2023 Commons Chamber

[Sir William Cash (Stone) (Con)]

As I am sure my hon. Friend the Member for Penistone and Stocksbridge (Miriam Cates) will agree, may I say how much we appreciate what the Government have done in relation to the matter just referred to? As the Minister knows, we withdrew our amendment in the House of Commons after discussion, and we had amazingly constructive discussions with the Government right the way through, and also in the House of Lords. I shall refer to that if I am called to speak later, but I simply wanted to put on record our thanks, because this will save so many children’s lives.

[Paul Scully]

I thank my hon. Friend and my hon. Friend the Member for Penistone and Stocksbridge (Miriam Cates) for all their work on this. I hope that this debate will show that we have listened and tried to work with everybody, including on this important part of the Bill. We have not been able to capture absolutely everything that everybody wants, but we are all determined to ensure that the Bill gets on the statute book as quickly as possible, to ensure that we start the important work of implementing it.

We have amended the Bill to bolster its provisions. A number of topics have been of particular interest in the other place. Following engagement with colleagues on those issues, we have bolstered the Bill’s protections for children, including a significant package of changes relating to age assurance. We have also enhanced protections for adult users.

Online Safety Bill

Debate between Paul Scully and William Cash

Report stage
Monday 5th December 2022 Commons Chamber

[Sir William Cash]

I have raised this on a number of occasions in the past few hours, as have my hon. Friend the Member for Penistone and Stocksbridge (Miriam Cates) and the right hon. Member for Barking (Dame Margaret Hodge). Will the Minister be good enough to ensure that this matter is thoroughly looked at and, furthermore, that the needed clarification is thought through?

[Paul Scully]

I was going to come to my hon. Friend in two seconds.

In the absence of clearly defined offences, the changes we are making to the Bill mean that it is likely to be almost impossible to take enforcement action against individuals. We are confident that Ofcom will have all the tools necessary to drive the necessary culture change in the sector, from the boardroom down.

This is not the last stage of the Bill. It will be considered in Committee—assuming it is recommitted today—and will come back on Report and Third Reading before going to the House of Lords, so there is plenty of time further to discuss this and to give my hon. Friend the clarification he needs.

United Kingdom Internal Market Bill

Debate between Paul Scully and William Cash

Consideration of Lords amendments
Tuesday 15th December 2020 Commons Chamber

[Paul Scully]

The hon. Gentleman needs to speak to Scottish businesses more to see that they are concerned. They want to have the Bill in place to have the certainty, with 17 days to go until the end of the transition phase.

It is important to reiterate that the common frameworks are processes, not outcomes, and therefore broad exclusions are not suitable in this legislation. That leads me to amendments 1F, 1G, 1H, 1J, 1K and 1L. The common frameworks programme facilitates a conversation about a common approach and thus provides for consensus-based decision making in sectoral areas of the economy. However, it is neither the purpose nor in the purview of common frameworks to determine whether matters should or should not be in the scope of the market access principles. It is only right that the UK Parliament and parliamentarians from across the UK have the final say on this matter.

The Government also believe that the system that they have designed creates a proper balance between the independent operation of devolved powers and the automatic application of the principles that protect the market and give certainty.

[Sir William Cash (Stone) (Con)]

My hon. Friend has quite properly said that it is a matter for Parliament to make these judgments. As Chair of the European Scrutiny Committee, I had hoped that the Chancellor of the Duchy of Lancaster would come before my Committee. The Standing Orders quite clearly give us the right to examine questions relating to matters that are politically or legally important, and to report to Parliament accordingly. The problem that we have is that he has declined to do so three times in response to our written requests, and now this morning I have heard that he is not going to appear before the Committee. Would the Minister be kind enough to take that back where it belongs?

United Kingdom Internal Market Bill

Debate between Paul Scully and William Cash

Consideration of Lords amendments
Thursday 10th December 2020 Commons Chamber

[Paul Scully]

I appreciate everybody who has taken the time to speak today. My hon. Friend the Member for Stone (Sir William Cash) spoke about the “notwithstanding” paragraphs in the Bill. Clearly, we have made the arrangements. We have found an agreement with the Joint Committee, and I sincerely hope that that will continue through to the next stage, which will be getting a free trade deal, on which the Prime Minister is working very hard with Lord Frost and his counterparts in Brussels. We will always make sure that we look after unfettered access for Northern Ireland into GB, which comes to the points that my hon. Friend made.

[Sir William Cash]

I did ask for an assurance in general terms that the necessary measures would be taken in primary legislation if things were to go wrong for the future. That is all I am asking for. It is not very much, but it is really important in relation to the potential striking down in legislation.

[Paul Scully]

I appreciate what my hon. Friend says. I think we will give the appropriate measures and protections, whatever form that comes as—if it is indeed needed; I hope that it is never needed in the first place. We will look to make sure that we protect Northern Ireland and its unfettered access.

My hon. Friend talked about state aid rules in Northern Ireland. They will apply to Northern Ireland as agreed under the withdrawal agreement and the Northern Ireland protocol, but they are not the same state aid rules that apply today, because there are new flexibilities of service providers. We welcome that agreement in principle in the Joint Committee, which was about managing the risk of reach-back into Great Britain and guards against the Commission taking an extreme or irrational interpretation of article 10 of the protocol. That means that there is no longer a need for the safety net.

The hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) talked about the common frameworks and Scotland’s involvement. I hope I was correct in saying that I believed that the Scottish Government pulled away from discussions about the internal market, not common frameworks. I hope that is clear; if I did mis-speak, that was exactly what I meant to say.

We have now had 90 hours of scrutiny on this Bill across both Houses. I reiterate that I am grateful for how right hon. and hon. Members in this place have debated, scrutinised and engaged on the Bill. I said on Monday and again emphasise that we have been and will continue to be reasonable in discussions on this Bill. Since Monday, we have had a lot of good, positive movement and agreement and we welcome that, but ultimately, Government need to balance this with the need to deliver a Bill that provides the certainty that business wants and needs to invest and create jobs.

United Kingdom Internal Market Bill

Debate between Paul Scully and William Cash

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 29th September 2020 Commons Chamber

[Paul Scully]

I very much do not hold the devolution settlement in contempt. It is right that we work together. I believe that the UK is stronger together. It is important that we give Scottish businesses—just as much as Welsh, Northern Irish and English businesses—the certainty that they want to be able to trade, so we will continue to engage with the Scottish Parliament and officials and politicians up there to achieve legislative consent.

Hundreds of powers will flow from the EU to the devolved nations and the UK Government in an unprecedented transfer. As we recover from covid, we must ensure that our economy is stronger than ever. That is why the Government have introduced this Bill and why it is essential that we pass it. We want to guarantee the continued functioning of our internal market, to ensure that trade remains unhindered in the UK.

I will begin by speaking to the amendments tabled by my right hon. Friend the Secretary of State for Business, Energy and Industrial Strategy, starting with those that strengthen the Bill’s measures relating to the governance and functioning of the Office for the Internal Market. The office will sit within the Competition and Markets Authority to monitor and report on the internal market on an equal basis for all Administrations. The Competition and Markets Authority has a strong reputation for independence and impartiality. The Government have strived to preserve that reputation in setting out the functions to be carried out by the Office for the Internal Market. By providing non-binding, expert reporting and technical monitoring on regulations and proposals, it will provide robust evidence on the actual or potential impact of regulatory measures.

New clause 4 gives the Competition and Markets Authority the objective of supporting the effective operation of the UK internal market through the provision of economic and technical advice and expertise. That will exist in parallel to the existing objective of the Competition and Markets Authority to promote competition for the benefit of consumers.

New clause 5 enables Competition and Markets Authority functions under part 4 of the Bill to be carried out by an Office for the Internal Market task group and introduces a new schedule setting out the Government’s arrangements for the Office for the Internal Market panel and task groups. That mirrors the existing arrangements for the establishment of panels and groups that it has in place.

New schedule 1 establishes a panel of experts to lead the work of the Office for the Internal Market. The Secretary of State will appoint a chair and further members, following consultation with Ministers from all three devolved Administrations.

[Sir William Cash (Stone) (Con)]

Will the Minister confirm that the arrangements under the Bill regarding the CMA guarantee that we will not have any jurisdiction by the European Union or the European Court over the CMA and, furthermore, that one of the cardinal principles on which the European Union and the Commission are taking their stand is that they insist that we should not benefit competitively from leaving the European Union and we should not be able to compete with them on reasonable terms?

[Paul Scully]

I am grateful for that typically wise intervention. I am happy to provide that confirmation.

Amendment 1 provides absolute privilege against defamation for the Competition and Markets Authority when carrying out its functions under part 4. That will ensure that it can report and provide advice independently without needing to expend resources on preparing to defend litigation, and that businesses with deep pockets cannot sue or threaten to sue the CMA to obstruct it from carrying out its functions.

I shall set out briefly for the House the amendments that will improve the Bill’s drafting. Through amendments 31 to 34, we are taking the opportunity to put it beyond any possible doubt that alcohol minimum unit pricing-type regulation and any other sales requirements are not in the scope of the mutual recognition principle, unless they amount in practice to a total ban on a good being sold. That came up in Committee. We want to make sure that rather than politicking, we can return to a business continuity approach.

European Union (Withdrawal) Bill

Debate between Paul Scully and William Cash

Committee: 1st sitting: House of Commons
Tuesday 14th November 2017 Commons Chamber

[Sir William Cash]

My hon. Friend might just reflect on the fact that there is no other way of transposing the legislation. I drafted the original repeal Bill, so I understand it very well. I did so before the referendum, in fact, because—I say this to my right hon. and learned Friend the Member for Rushcliffe—I believed we would win. In reality, once we have brought this into UK law, we will be able to have our own Bills—on agriculture, fisheries, customs, immigration, and various other parts of our constitutional arrangements—that can be properly discussed and amended.

[Paul Scully (Sutton and Cheam) (Con)]

Does my hon. Friend agree that every single one of the regulations coming into UK law is already abided by in this country and in this Parliament and are to its satisfaction at the moment?

[Sir William Cash]

Yes, the reality is that the Bill, if and when it goes through—and I believe it will—will incorporate into UK law EU legislation already consented to in the way that my hon. Friend mentions. We have agreed to them, but unfortunately they have not had the democratic legitimacy that will be conferred upon them when the Bill goes through.

I proceed now to the important question of the European Court of Justice. I made this point to the Prime Minister about 10 days ago and again to the Brexit Secretary last week. I wish to mention three pieces of case law that we inherited when the treaties that had accumulated after 1956 came upon us through section 2 of the 1972 Act. The first two are Van Gend en Loos in 1963 and Costa v. ENEL in 1964. In its judgment in the first case, the European Court asserted that

“the Community constitutes a new legal order in international law for whose benefit the states have limited their sovereign rights”.

In Costa v. ENEL, the Court ruled:

“The transfer by the States from their domestic legal system to the Community legal system of rights and obligations arising under the Treaty carries with it a permanent limitation of their sovereign rights”.

In 1970, in the Handelsgesellschaft case, the Court said that community law should take precedence even over the constitutional laws of member states, including basic entrenched laws relating to fundamental rights. It does not get more profound than that. Those decisions are mere assertions by the Court, yet under section 3 of the 1972 Act, we agree to abide by them.

EU Referendum Leaflet

Debate between Paul Scully and William Cash

Monday 9th May 2016 Westminster Hall

[Sir William Cash (Stone) (Con)]

Of course, my hon. Friend knows that that is happening in pursuance of a legal duty introduced into the House of Lords, which became part of our legislation through ping-pong. Is he also aware that I tabled an amendment calling for accuracy and impartiality in that information, which the Minister for Europe, who is here today, told me there certainly would be? Do we not expect a proper answer from him this afternoon?

[Paul Scully]

I am sure that the Minister has heard that, and I hope that he will respond in full to the debate.

Katie Ghose of the Electoral Reform Society expressed similar concerns, and after the referendum on Scottish independence the Electoral Commission warned the Government over taxpayer-funded propaganda, saying that it could give an

“unfair advantage to one side of the argument”.