Draft Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019

Debate between Robert Goodwill and Stuart Andrew

Monday 11th February 2019 General Committees

[The Parliamentary Under-Secretary of State for Defence (Stuart Andrew)]

I beg to move,

That the Committee has considered the draft Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019.

It is a pleasure to serve under your chairmanship, Mr Evans. A responsible Government plan for all eventualities. As part of the preparations to leave the European Union, it is essential that we ensure that our legislation governing defence and security procurement functions properly beyond exit day in a no-deal scenario. It is the first duty of a Government to keep their citizens safe and the country secure. As part of that, the Government need to be able to procure the critical equipment and capabilities they need smoothly and with confidence.

In the event of no deal, these amending regulations will provide procurers and suppliers with legal continuity and certainty, giving them the stability they need to conduct business after 29 March. Clearly, the amendments reflect the UK’s new status outside the EU in a no-deal scenario, but the framework and principles underlying the defence and security procurement regime remain otherwise unchanged. That is in accordance with the powers given to amend retained EU law in the EU (Withdrawal) Act 2018. The Act does not allow major policy changes or the introduction of new legal frameworks beyond those changes to fix deficiencies to ensure that the law continues to function properly and changes to remove any reciprocal obligations that are no longer appropriate from exit day.

Brexit will offer us real opportunities, including reform of our defence and security procurement regulations. In the near term, however, the regulations ensure that the UK’s defence and security procurements continue to function smoothly in a no-deal scenario, but with that all-important autonomy from the European Union.

To protect the UK’s essential security interests, the regulations will maintain the effect of article 346 of the treaty on the functioning of the European Union by writing its substance into the existing regulations. The regulations already make clear that they can be trumped by article 346. Article 346 enables us to disapply the defence and security procurement rules where necessary to protect essential national security interests.

Through the amendments, control over our procurement is returned to the United Kingdom. For example, the Secretary of State for Defence will take the power previously held by the European Commission to modernise, although not broaden, the 1958 list of warlike stores that falls under article 346(1)(b). All notices for defence and security procurement opportunities will in the future be published on a new UK e-notification system. Business continuity meanwhile is assured through the transitional provisions. There will be no defence procurement cliff edge.

Competition remains the cornerstone of defence procurement policy, ensuring that we equip our armed forces with the right capability at the right price. Currently, we allow bids from suppliers outside the EU, although the existing regulations provide the legal right of market access required by EU law only for suppliers based in the EU. Any restrictions on, for example, bidding on national security grounds are made clear from the outset of any procurement. The regulations provide a legal right of market access for suppliers based in the UK and Gibraltar that currently enjoy rights under the EU defence and security directive. After exit day, suppliers in the EU will lose their legal right of market access, but we will still allow them to bid on the same basis as suppliers outside the EU. That reflects the UK’s new status as a third country outside the EU.

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

Much EU environmental legislation, such as for vehicle emissions, has an exemption for military use. After we Brexit, will that situation change under any of the provisions in the regulations?

[Stuart Andrew]

Nothing in this order, which purely transfers our procurement regulations, does that. We can look at a whole raft of matters once we have properly left. We will obviously consider the point that my right hon. Friend raises, but that would be under further consultation, and legislation would then have to come through the House.

Oral Answers to Questions

Debate between Robert Goodwill and Stuart Andrew

Thursday 8th May 2014 Commons Chamber

[The Parliamentary Under-Secretary of State for Transport (Mr Robert Goodwill)]

I will certainly ensure that the hon. Gentleman receives a reply to his letter. I am somewhat surprised that he has not had one already, but I will find out what has gone wrong. As we discussed in Westminster Hall recently, the voluntary approach is working very well with over 75% of drivers having this sort of training, which is important to ensure that disabled people have equal access to all forms of transport.

[Stuart Andrew (Pudsey) (Con)]

T3. I wonder whether my right hon. Friend has had the opportunity to travel on the M1 between Leeds and Sheffield recently. It is a pig of a journey due to a 17-mile stretch of roadworks with a 50 mph enforced speed limit. I recognise the need for those roadworks, but is there any reason why they cannot be done in stages to improve the experience for motorists?

[Mr Goodwill]

I have indeed travelled on that section of the M1 and it does seem to go on for ever. However, I am assured by the Highways Agency that doing the work in this way will incur a time saving of two thirds compared with doing it in stages. When we do such work, which includes replacement of steel central barriers with concrete ones, it improves repair time and over the long term will certainly improve road performance.

Oral Answers to Questions

Debate between Robert Goodwill and Stuart Andrew

Thursday 20th March 2014 Commons Chamber

[Mr Goodwill]

We are certainly always keen to meet local authorities and local enterprise partnerships to look at imaginative ways of encouraging more cycling. Indeed, we will publish our cycling delivery plan later this year.

[Stuart Andrew (Pudsey) (Con)]

5. What assessment he has made of Network Rail’s planned control period 5 investment programme.

Oral Answers to Questions

Debate between Robert Goodwill and Stuart Andrew

Thursday 7th November 2013 Commons Chamber

[Mr Goodwill]

I in turn welcome the hon. Gentleman to his post and look forward to sparring with him across the Dispatch Box. There are certainly concerns about motorcycle deaths—motorcycles are particularly dangerous. We have targeted motorcyclists, in particular, in our Think! campaign. Of course, in some cases motorcycle deaths are very much related to the weather. In north Yorkshire, certainly, when we have a nice summer there are, sadly, an awful lot more motorcycle casualties. It is of concern that we are seeing more cycling casualties, and I have noted some of the accidents in London involving heavy lorries and cyclists. Some of that is due to the fact that there has been a big increase in the number of people cycling, but it is of concern and we are targeting our information campaigns on motorcyclists and cyclists.

[Stuart Andrew (Pudsey) (Con)]

9. What steps he is taking to improve existing railway stations and build new stations.