European Union (Withdrawal Agreement) Bill

Debate between Philippa Whitford and Robin Walker

Committee stage & Committee: 2nd sitting: House of Commons & Committee: 2nd sitting
Wednesday 8th January 2020 Commons Chamber

[Mr Walker]

I hear the hon. Lady’s point and I have great respect for the work she does in this space, but I think she misunderstands. Clause 24 simply means that, as a result of the protocol and the UK Government’s role in the Joint Committee, there will not be decisions taken to change north-south co-operation. It does not prohibit or restrict in any way a restored Executive from taking decisions on that within the confines of the North South Ministerial Council. I have to move on now, but, in fairness, I think that that addresses the point.

The Government urge the hon. Member for North Down and the hon. Member for Foyle to withdraw amendment 33 and new clause 61 as they risk creating legal uncertainty for businesses and individuals in Northern Ireland, which is unacceptable to the Government. Our departure from the EU requires the Government to ensure that the statute book is able to function post exit, and these amendments put that at risk.

I wish now to turn to the important amendments 12, 19, 50 and 51 and new clauses 44, 52, 55 and 60. As Members can see from article 6 of the protocol, nothing in the withdrawal agreement prevents the Government from ensuring access for Northern Ireland goods to the market in Great Britain. The Prime Minister has been absolutely clear that, beyond our obligations under international law, there will be no new checks and processes on the movement of such goods. Our manifesto commitment is absolutely clear: the Bill gives us the power to deliver this. We recognise the strong voice with which Northern Ireland’s businesses have been speaking on the importance of unfettered access and of protecting Northern Ireland’s position within the internal market as a whole and the cross-party, cross-community support for this to be delivered. It can be delivered through clause 21 and through the opportunity to follow up through the Joint Committee, as we discussed earlier. We will, of course, continue to engage with businesses and stakeholders, but I none the less urge the right hon. Member for Lagan Valley and the hon. Member for Foyle to withdraw these amendments.

[Dr Whitford]

rose—

[Mr Walker]

I will take an intervention from the hon. Lady on one of her own amendments.

--- Later in debate ---

[Mr Walker]

I will absolutely come back to my hon. Friend on the latter point. There are a number of places in the Bill where it is very clear that there will be active consideration by the Commons of the secondary legislation. That is an important part of the parliamentary scrutiny process.

I turn to amendment 10 in the name of the hon. Member for Central Ayrshire (Dr Whitford). It would inhibit our ability to implement part 3 of the withdrawal agreement and the protocol, particularly with regard to the ability to legislate for the consent mechanism and the provision of unfettered access. However, I reassure the Committee—this picks up from the point made by my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill)—that any amendment to primary legislation through clauses 18 to 21 would have to be actively approved by votes of Parliament.

[Dr Whitford]

But this changes clause 8 in the original European Union (Withdrawal) Act 2018, which included limitations meaning that these sweeping powers without a sunset clause could not be used in relation to the Human Rights Act, the Government of Wales Act, the Scotland Act or the Northern Ireland Act. What changes exactly does the Minister feel he would need to make to the Scotland Act to meet the relevant aspects of the Northern Ireland protocol? Why is the legislation being changed? The Minister should justify why those protections and limitations existed in the original Act but he now feels bound to take them out. What is he planning to change in the other devolved settlements, for Scotland and Wales?

[Mr Walker]

The hon. Lady is making a comparison between two separate pieces of legislation. We have no dastardly plans to change the devolution settlement. However, we want to ensure that we are able to take the necessary steps to implement the protocol, including providing unfettered access across all parts of the UK, in the limited period available. We will want to engage with the devolved Administrations and legislatures about the most effective way of achieving that.

[Dr Whitford]

Will the Minister give way?

[Mr Walker]

I will not, I am afraid.

The Government cannot accept amendment 49, as it would mean that we could be inadvertently bound by European Union rulings for many years. Instead, clause 26 ensures that we and our courts will be able to determine the extent to which courts are bound by historic Court of Justice of the European Union decisions after the implementation period. This will be done sensibly, so I can provide some reassurance to my hon. Friend the Member for Bromley and Chislehurst. The Bill commits us to consult the senior judiciary across the UK before making regulations, and we do not intend this in any way to upset long-standing constitutional principles such as the structure and hierarchy of the court system. This clause simply enables us to take back control of our laws and disentangle ourselves from the EU’s legal order, but in a way that will be consulted on carefully with the judiciary, recognising the structures and hierarchies that exist there.

New clauses 1, 6 and 17 and amendment (a) to new clause 6 all seek to introduce various statutory roles for Parliament, and for the devolved Administrations and legislatures, in the future relationship negotiations. These are unnecessary requirements that risk impeding and delaying negotiations. New clause 6 in particular imposes onerous requirements for consultation and impact assessments, but would make it very challenging indeed to conclude negotiations by the end of 2020.

Oral Answers to Questions

Debate between Philippa Whitford and Robin Walker

Thursday 2nd November 2017 Commons Chamber

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

17. What assessment he has made of the economic effect on Scotland in the event of the UK leaving the EU without a withdrawal agreement.

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

The Government are committed to the best possible deal for the whole United Kingdom, a deal that works for Scotland, Wales, Northern Ireland and all parts of England. We have been engaging with the Scottish Government and have been clear from the start that the devolved Administrations should be fully engaged in this process. The Government are undertaking a broader range of sectoral analysis covering the entirety of the UK economy, including Scotland.

[Mr Walker]

As we have said, the Government are undertaking a wide-ranging analysis covering the entirety of the UK economy, including Scotland. This will ensure that we take into account the individual circumstances of each part of the UK to inform our negotiating strategy. With regard to the content of that analysis, we have to reflect on the implications of yesterday’s motion and how best we meet the requirements set by the House for information to be passed on to the Select Committee, keeping in mind the fact that the documents they have requested do not exist in the form suggested in the motion.

[Dr Whitford]

Scotland—indeed, the UK—has a significant pharmaceutical industry. The Government repeatedly talk about the option of leaving the EU without a deal, but is the Minister aware that the WTO drug list was last updated in 2010, so any drugs developed since then would face tariffs?

[Mr Walker]

The hon. Lady makes an important point. We have been engaging closely with the pharmaceuticals industry in Scotland and across the UK. Of course, she will have noted the joint letter from the Secretaries of State for Health and for Business, Energy and Industrial Strategy setting out our intention to establish close co-operation with the European authorities, and there is huge mutual benefit in continuing to do so.

Rights of EU Nationals

Debate between Philippa Whitford and Robin Walker

Wednesday 19th October 2016 Commons Chamber

[Mr Walker]

I will not give way for the time being.

The right hon. Member for Leicester East (Keith Vaz) created an entirely new area of fear by talking about some kind of trade-off in terms of numbers. It was the first time that I had ever heard such a suggestion, and I assure the right hon. Gentleman that it is certainly not something that we have been contemplating.

The Government want the same fair treatment for British and EU citizens. That is a sensible position to take, and the Government are confident that they will be able to achieve their aim in agreement with the EU. We have already made it clear that this is a priority for negotiations. Only last week, the excellent Leader of the Opposition in Scotland was pressing the case on the open door of my right hon. Friend the Secretary of State for Exiting the European Union.

This brings me to my final key point in this section: the status of EU nationals living in the UK will not change while the UK remains a member of the EU. It is important to remember that we remain a full member of the EU with all the rights and responsibilities of EU membership until the end of the article 50 process.

We have heard contributions from Members on both sides of the House and of this debate who are married to EU citizens, and I commend them for their statements. They raised real concerns about EU nationals and their status, but it appears to me that there is near unanimity in this House on providing reassurance. We should all be seeking to do that in our comments.

[Dr Philippa Whitford]

Does the hon. Gentleman not recognise that platitude reassurance is not real reassurance? Reassurance has been given to students; why not give it to resident EU nationals? Otherwise it will be three years from the vote until we know what is going to happen.

[Mr Walker]

As I have already pointed out, during those three years it is the Government’s absolute intention to secure the rights of EU nationals in the UK and UK nationals in the EU as early in the negotiations as we can.

I think that is reassurance. Let me be clear that EU nationals and citizens can continue to live, work and study here in the UK under existing EU law. They will also be able to be accompanied or joined by family members. I know the whole House will agree that it is important that we make this clear and continue to provide reassurance to all our constituents.