All 5 Peter Kyle contributions to the European Union (Withdrawal) Act 2018

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Tue 14th Nov 2017
European Union (Withdrawal) Bill
Commons Chamber

Committee: 1st sitting: House of Commons
Wed 15th Nov 2017
European Union (Withdrawal) Bill
Commons Chamber

Committee: 2nd sitting: House of Commons
Wed 6th Dec 2017
European Union (Withdrawal) Bill
Commons Chamber

Committee: 5th sitting: House of Commons
Wed 20th Dec 2017
European Union (Withdrawal) Bill
Commons Chamber

Committee: 8th sitting: House of Commons
Tue 16th Jan 2018
European Union (Withdrawal) Bill
Commons Chamber

Report stage: First Day: House of Commons

European Union (Withdrawal) Bill Debate

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Department: Ministry of Justice

European Union (Withdrawal) Bill

Peter Kyle Excerpts
Committee: 1st sitting: House of Commons
Tuesday 14th November 2017

(6 years, 4 months ago)

Commons Chamber
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Dominic Grieve Portrait Mr Grieve
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I cannot help it that the reality is that we entered into a partnership that now includes 27 other member states. We cannot just magic that away; they all have their interests, and they will all have to be taken into consideration at the end. As we have seen with trade agreements that are reached with the EU and other states, they take time. Indeed, my right hon. Friend and some of my other hon. Friends are, frankly, delusional in their belief of the speed with which these wonderful new trade agreements with third countries will be concluded once we leave the EU. My main anxiety on that topic is that there are 759 external treaties that come through our membership of the EU and that we are in danger of losing with amendment 381, tabled by the Government, in respect of putting a writ-in-stone date on when we have to leave. That should worry us just as much as any other aspect of leaving the EU.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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Is not the real ludicrousness of amendment 381 that it is unenforceable and there is no punishment if that law is broken? As a former Attorney General, will the right hon. and learned Gentleman tell us the point of having a law for which—if the date is extended and the law broken—there is absolutely no consequence? The Minister will not be sent to prison for breaking it. It is a worthless political gesture.

Dominic Grieve Portrait Mr Grieve
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I hope that the hon. Gentleman will forgive me, but I do not entirely agree with him. If the measure stays on the statute book, the consequence would be that at 11 pm on 29 March 2019—even if the agreements, transitional arrangements and everything else have not been worked out—we will drop out of the EU, potentially into the void that so much of this legislation is apparently designed to prevent. All the possible benefits of continuing in transition would not be available, so this actually matters very much indeed. That brings me—although I do not want to take up the Committee’s time—to the infamous amendment 381.

Amendment 381 was sprung on the House, sprung on the Conservative party and certainly sprung on me—after weeks of talking gently to my ministerial colleagues and trying to find a sensible way through, which I continue to want to do—and suddenly landed on us as a diktat. It is quite simply unacceptable because it fetters the Government’s ability to carry out this negotiation, which makes me seriously question their competence, and it disenfranchises the House from properly exercising its scrutiny role, with the potential that, in fact, is almost an invitation to running into the buffers. Although I do not happen to believe that this is what the Government want to do, it certainly appears to play into the hands of those who seem to be so eager that we should leave the EU with absolutely no agreement whatever.

I seriously worry that I go to audiences of the kind that seem to extol the virtues of some of my colleagues on this side of the House, and I am told that only a departure from the EU without any agreement at all can detoxify us of the taint of our participation. Those were the very words used to me at the Conservative party conference. All I can say is that the individuals who are saying these things are utterly misguided, do not understand how a parliamentary democracy works and do not understand how an international community operates. But, whatever their grievances may be, they are the people to whom we have to sensibly articulate an alternative approach.

I am really pleased that amendment 381 cannot be put to the vote this afternoon, because I have to say to my right hon. and hon. Friends that I will vote against it. There are absolutely no ifs, no buts and no maybes about this—no arm-twisting and nothing that can be done to me in the intervening period. It is unacceptable and I will not vote for it. I will not vote for it if I am the only person to go through the Lobby to vote against it. The sensible thing for Ministers to do is to go away, have several cups of tea, think again, continue talking to me about all the other sensible things we have been talking about and on which we are likely to reach agreement, and just focus for a moment on where there is unanimity in this House about how we should proceed.

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Bernard Jenkin Portrait Mr Jenkin
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I just put that forward as a problem. I believe as passionately in my case as my right hon. Friend does in hers. I sympathise and understand, but we have to accept that the country voted to leave. The one thing we know about how people voted—whether it was for this deal or that deal, whether they believed or disbelieved this or that piece of propaganda—is that they voted to leave the EU. That is the one thing it said on the ballot paper. I cannot understand how anyone can come to the House and say, “Well, there might be circumstances in which I will not respect that decision”, as the right hon. Member for Knowsley (Mr Howarth) just did. That is what it amounts to.

Peter Kyle Portrait Peter Kyle
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Sir Winston Churchill said that the role of an MP was to put country first, constituency second and party third. Does the hon. Gentleman accept that, if the Government come back with a bad deal, allowing it to go forward would put none of those three first?

Bernard Jenkin Portrait Mr Jenkin
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That brings me to my next point. This debate is rerunning many of the arguments during the referendum campaign. The remain case was premised on the idea that it is a horrible, cruel world out there, that we cannot survive outside the EU, that it will be completely disastrous and that unless the EU give us permission and lots of help and support and agree to a whole lot of stuff we would like, we will be on our own in the cold. You know what? It is not true. Most countries are not in the EU and they are fine. This debate sometimes loses sight of that.

I wish to speak in favour of clause 1 standing part of the Bill. I agree so much with my right hon. Friend the Member for Wokingham (John Redwood). This is the most important Bill since we joined—more important, in fact, because after 45 years of membership it is so much more significant than it was. The principle of democracy is that Parliament legislates and Ministers obey and implement the law. The problem with the EU is that it turned our Ministers into legislators. They go to Brussels, sit in council, legislate and then bring back fait accompli legislation that is then imposed on this House. The 1972 Act is the greatest Henry VIII clause that has ever existed, and there is something a bit inconsistent —I understand why they are saying it—in complaining about Parliament not being treated properly, given that the whole principle of our membership of the EU requires the removal of the House’s right to make the laws of this country.

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Chris Leslie Portrait Mr Leslie
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Well, the Minister proves my point. We need a report from the Government very soon after Royal Assent to answer this question. New clause 14 is a very gentle, soft amendment that I hope will nudge the Government into answering that question.

Peter Kyle Portrait Peter Kyle
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A transition implies moving from one place to another. If we write into statute the date on which we are to leave, industry and the economy will wake up the next day and find that we are out of the jurisdiction of the European Court of Justice, out of the customs union and out of the single market. That is not a transition but an overnight crash. The Government say that we will then make a further transition and then pick up the pieces, like the Road Runner hitting the ground and having to pick himself up afterwards. This is not an orderly transition; it is, by any definition, a car crash. Does my hon. Friend not agree?

Chris Leslie Portrait Mr Leslie
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Yes. There are massive risks, and if we do not have an orderly transition, there will be big consequences. However, although we have identified 29 March 2019 as a key date, there is another critical date, which will fall in the first quarter of the next calendar year. Many businesses are saying that they must have certainty about what the shape of the transition will be by that time.

The clock is ticking much more swiftly than Ministers may have appreciated. We need to know that they are rolling up their sleeves ahead of the European Council, which begins on 14 December. We may just complete the Committee stage during that week, but it is vital for businesses to have certainty, and it is also vital for Ministers to explain how aspects of the transition will take place. In a way, it would be disloyal to the Prime Minister for them not to do so.

European Union (Withdrawal) Bill Debate

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Department: Attorney General

European Union (Withdrawal) Bill

Peter Kyle Excerpts
Committee: 2nd sitting: House of Commons
Wednesday 15th November 2017

(6 years, 4 months ago)

Commons Chamber
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Anna Soubry Portrait Anna Soubry
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I would love to ignore death threats, but I actually find them quite frightening. As a result, I have in the past reported at least two to the police. The courts took it very seriously, I say gently to the hon. Lady. They sent one person to prison and suspended the other person’s custodial sentence. I am glad that some people in this place take it seriously.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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The right hon. Lady and I have had our differences during my time in Parliament since 2015, particularly when she was a Business Minister. We had some vigorous debates and disagreements when I, as a member of the Business, Energy and Industrial Strategy Committee, challenged her about the steel industry and the industrial strategy, but I felt that she was always very respectful of my view and the strength with which I held it. Why were we able to have such vigorous but respectful debate over such policy issues, but Brexit seems to bring out the very worst in public discourse in this place and beyond?

David Hanson Portrait The Temporary Chair (David Hanson)
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Order. I know that Members feel strongly about this subject, but we are straying slightly from new clause 2.

European Union (Withdrawal) Bill

Peter Kyle Excerpts
Committee: 5th sitting: House of Commons
Wednesday 6th December 2017

(6 years, 3 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake
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I certainly agree with the intent behind what my hon. Friend says, although I would hesitate to call the vote confirmation of the original vote; this vote would be different in nature, given the facts now available to us—given that the initial settlement will be £45 billion or £50 billion; that huge problems have been created at the border between Ireland and Northern Ireland; and that 16 or 17 months on, the issue of EU citizens here is still not resolved.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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The right hon. Gentleman has sparked a highly relevant debate. The referendum asked whether we should leave or not. What we are debating in the Bill is how we leave. We have learned that the process is a series of decisions; there is not one way to leave the EU. We need to keep every option open, not shut doors as this Government are doing, so that if the public mood shifts, as it might well do, all options are open.

Tom Brake Portrait Tom Brake
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I agree. I am sure that the hon. Gentleman will regret, as many Opposition Members and I do, that very early on, the Government shut down some of the options available to us regarding the single market and the customs union. There was no attempt by the Government to negotiate with the European Union on whether there was scope for the EU to give ground, including on freedom of movement. I know from contacts that I have had that there would have been some appetite among some EU countries to give ground on freedom of movement, but that is not something that the Government sought.

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Helen Goodman Portrait Helen Goodman
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That is a good, eminently sensible idea. I will return to the public’s attitude when I wind up my remarks.

This is a significant sum. When we bailed out the banks 10 years ago, we spent £133 billion. Now we are talking about a figure of £50 billion, which will have a significant impact on the public finances. I am sympathetic to the remarks of the hon. Member for Aberdeen North (Kirsty Blackman) on the inadequacies of the current estimates procedure. Given that this is an exceptionally large sum of money on an exceptionally important item, and given that this is exceptionally politically sensitive, we expect a much better way for Parliament to approve the sums of money. That is what new clauses 17 and 80 are driving at.

I am worried about the impact on the public finances. Not only is this a big number, but it seems to be a big number that the Chancellor did not take into account when putting together the Red Book, in which he included the current net payments to the EU of £9 billion a year up to 2019 and, thereafter, £12 billion a year of continued expenditure on items coming back to this country that are currently the responsibility of shared EU programmes, such as agricultural support, universities and R and D. He put in £3 billion for transitional costs, such as new computer systems at HMRC and the Rural Payments Agency, but he did not put anything in for the divorce bill. His forecast of the deficit coming down and of debt starting to fall towards the end of this Parliament is bound to be wrong unless the Government present the British people with a whopping great tax bill.

Peter Kyle Portrait Peter Kyle
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Does my hon. Friend agree that, considering our current trajectory under this Government, the other big black hole in the Red Book is how much we will have to pay for access to the single market after we leave?

Helen Goodman Portrait Helen Goodman
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My hon. Friend is right, but I am confining myself to the impact of new clauses 17 and 80.

We need to understand how Ministers will cope with this big bill when the deal is done. Will Ministers give everybody a massive tax bill—and it will be a massive tax bill, because we are talking about at least £800 per person, or £3,000 per household—or will they increase Government borrowing?

I return to the simple point about the promises that were made by, among others, the Under-Secretary of State for Exiting the European Union, the hon. Member for Wycombe (Mr Baker), during the referendum campaign—the £350 million a week for the NHS that we saw on the side of a bus. This is £16 billion a year. After the Brexit vote, I had a number of public meetings with my constituents and asked them what their expectation was when they voted to leave the EU. I will never forget this nice old lady saying, “Helen, it will be marvellous, because now there will enough money for the Government to reopen the A&E in Bishop hospital.” That is obviously not what the Government have in mind. It is incumbent on them to be open and clear with the British public, and that is what new clauses 17 and 80 are driving at.

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Graham Stringer Portrait Graham Stringer
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I am grateful for your comments, Mr Hanson. You are right I have not been present in this particular debate for the whole time, but I have been in many of the debates and this is the first time I have stood up to speak on the issue. I shall not detain the Committee for very long.

Following on from the comments made by my hon. Friend the Member for Stockton South (Dr Williams), of course people in every democracy have the right to change their minds. The correct way to do that is through the same means by which the referendum came about in the first place: a political party should say in its general election manifesto that it wants a referendum, win that election and hold another referendum. The Lib Dems tried that at the most recent election; admittedly, they gained seats, but they lost votes. That is the way to do it, not by calling on the most immediate opinion poll.

Opinion polls change. My hon. Friend the Member for Stockton South and other Members may be interested in a poll taken by Lord Ashcroft the day after the referendum. He surveyed all those people who had voted for Brexit and found that 94% of them had not voted for it on economic grounds, so a lot of the arguments about economics do not apply to the people who voted to leave.

Peter Kyle Portrait Peter Kyle
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To clarify a point, the 2015 Labour manifesto opposed a referendum; Labour was led then by my right hon. Friend the Member for Doncaster North (Edward Miliband). Two weeks after the general election, we were whipped to vote for the piece of legislation that enabled that, and the Labour party did so. Did my hon. Friend think that we were wrong because it was not in our manifesto? We opposed a referendum in the manifesto

Graham Stringer Portrait Graham Stringer
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I have to say that I found it a bit curious, having voted for a referendum for many years, to find all my Labour colleagues finally in the same Lobby as me. The argument given by the leadership at the time was that the election had been lost, the public had voted by a majority for a referendum and it was going to recognise that.

On the financial issues, I am always in favour of transparency, which is what the essence of this argument is about. It is difficult for any Member not to be in favour of transparency, but with regard to the actual wording of the amendments, they are rather biased in terms of costs and do not, as I would have preferred, put the savings in the context of what we do not have to spend. As has been said, in all certainty, net, there will be a saving. People opine that there will be huge costs to leaving the EU. I do not know what the Government are likely to pay or not pay. I suspect that they will end up paying too much, but if we look at the history of the common market and the EU, over that period, we have probably paid half a trillion pounds net—a huge amount of money. What has been the benefit of that? We have gone from having a balanced trade with the EU to running a deficit of about £70 billion a year.

European Union (Withdrawal) Bill

Peter Kyle Excerpts
Committee: 8th sitting: House of Commons
Wednesday 20th December 2017

(6 years, 3 months ago)

Commons Chamber
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Ian Murray Portrait Ian Murray
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That intervention—I will finish on this point—gets to the crux of new clause 13, because we will have to have a border.

I will keep making in this House the same argument that the Minister and his colleagues in this House made when they stood on the same platform as me during the Scottish independence referendum. They consistently said that if the UK was split up and Scotland came out of the UK single market, there would have to be a border at Berwick. Why? Because there would be different arrangements for customs, regulatory matters, the free movement of people and goods.

How can Ministers now stand at the Dispatch Box with a straight face and say that none of this now applies either to Northern Ireland and the Republic of Ireland or indeed to Gibraltar? There is no answer to that question because, again, the Government’s red lines and their narrative do not fit with where they want to go on the final negotiations. We cannot have frictionless free trade while having differential arrangements on customs or regulatory alignment: it just does not work. If the Minister wants to intervene on me to tell me how it will work, rather than just using narrative and rhetoric—and anybody can understand how it will actually work—I would be happy to agree with him.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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Is it not interesting that when the public were consulted in a people’s assembly, with a representative sample of leavers and remainers, the conclusion they came to was that they wanted to remain in the single market, but to extend all the freedoms we already have to limit freedom of movement? Does my hon. Friend not agree that we need to listen more to the public and involve them more?

Ian Murray Portrait Ian Murray
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I absolutely agree. The 34 million people who voted in the EU referendum probably voted one way or the other for 34 million different reasons, but it is incumbent on politicians to start taking a lead and to be brave about making the arguments. We should say to the country, “The EU referendum delivered a result and, yes, we will be leaving the European Union, but let’s just pause, look at the arguments being put to the country and see whether this is what people actually want.”

If we distil down all the arguments about the customs union and the single market, the only solution we can come to that does not damage this country in any way—in relation to jobs, the cost to business, or the future aspirations of students or of our children—is to stay in the best possible platform for free trade and regulatory alignment, which is the single market and the customs union. No one will forgive this Government, or anyone else who argues against that, when the first person leaves a financial services company in my constituency with their P45 in their hand. I will take no pleasure in saying “I told you so,” but the Government can pull back now, can sort out the Bill, can agree to some of these amendments in principle and come back on Report and put on the table, at the very least, a negotiation about keeping the UK in the single market and the customs union. To do anything less, with the red lines that they have drawn and the aspirations that they have, is pulling the wool over the eyes of the public, and they should be brave enough to admit it.

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Iain Duncan Smith Portrait Mr Duncan Smith
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That may be. I do not know of the Dog and Duck, unless they have moved a new building into my constituency, but I say to my right hon. Friend that people made a decision to leave, and that argument was debated extensively: it was on television, the Prime Minister was questioned endlessly and others such as Lord Mandelson said categorically that if people voted to leave, we would be leaving these institutions.

Peter Kyle Portrait Peter Kyle
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We are debating what was said to the electorate during that period, but none of us are talking about what the electorate are thinking now. That is the most important thing. Does the right hon. Gentleman agree that, as we enter the most crucial part of this stage of the negotiations, the Government should put far more energy into understanding what the public actually think and aspire to for our future relationship with the single market, the customs union and the EU in general and take that into account?

Iain Duncan Smith Portrait Mr Duncan Smith
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I am all for consulting the British people. That is what we are here for as MPs, right? It is what we do when we go back to our constituencies and talk to people. The honest truth, however, is that we can consult them as much as we like, and we will get different opinions all the time, depending on the question. The biggest consultation I have ever seen took place in 2016: it was called a referendum. The difference between my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) and the rest of the House is that he has been opposed to referendums throughout his political life and has never voted for them, whereas most other Members did vote for a referendum. When Members vote for a referendum, they are bound by the decisions that the British people make, and in this instance the British people asked us to leave the European Union.

Much of the debate has been about rerunning the referendum. I fully understand that some people will never be reconciled to the idea of departure or of leaving the customs union and the single market, but what we are talking about today is getting out of the European Union. It is not a question of the date, but a question of the process. We are leaving anyway. I support the Government because I believe that leaving the customs union and the single market and taking back control of our laws is exactly the right thing to do, and I do not think they should listen to the siren voices that tell them otherwise.

European Union (Withdrawal) Bill Debate

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Department: Attorney General

European Union (Withdrawal) Bill

Peter Kyle Excerpts
Report stage: First Day: House of Commons
Tuesday 16th January 2018

(6 years, 2 months ago)

Commons Chamber
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Chris Leslie Portrait Mr Leslie
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The logic of the Government is a mystery sometimes, and I wonder whether the Solicitor General actually secretly agrees that these are important rights that need to be defended and that the Government have got themselves into a bit of a pickle, possibly because they drafted this Bill before the general election and therefore before they saw some of the consequences of these things.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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Those of us who are gay, who went to school in the 1980s and who remember very well the impact of section 28 might baulk at the idea that every Government have given rights and not taken them away. Does my hon. Friend agree that that is a fundamental reason why we need to share and stay within the European Union and the fundamental rights system it provides?

Chris Leslie Portrait Mr Leslie
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My hon. Friend is absolutely right. That right of protection for freedoms and liberties on the grounds of sexual orientation is enshrined in the charter of fundamental rights. One of the examples given was civil partnerships where in the future pension rights might be divided but at the time when the partnerships took place certain UK laws were not in place; the charter provides protections against discrimination in a way that existing UK law does not.