European Union (Withdrawal) (No. 5) Bill

Debate between Robin Walker and Peter Bone

Monday 8th April 2019 Commons Chamber

[Mr Walker]

The Prime Minister has been very clear that she is seeking the shortest possible extension to make sure that we leave in an orderly fashion with a deal.

My Secretary of State suggested on Second Reading that the House of Lords—the other place—might wish to correct the flaws in the Bill. The combined effect of the Lords amendments is to correct deficiencies in the drafting and to mitigate some of the severe impacts that the Bill could otherwise have triggered. Like the hon. Member for Sheffield Central (Paul Blomfield), I will address each of the amendments in turn.

The amendments tabled to clause 1 in the name of the noble Lord Robertson—Lords amendments 1 to 3 —reduce the chance of an inadvertent no deal. As I pointed out in Committee, the Bill as originally drafted

“creates a real risk that we could be timed out and be unable to agree an extension with our European partners and implement it in domestic law.”—[Official Report, 3 April 2019; Vol. 657, c. 1189.]

The Bill requires that motion to be moved on the day after Royal Assent. If we run past midnight, that would mean that we were debating the motion on Wednesday, the same day as the Council.

The noble Lord has identified a further flaw in the drafting whereby—at page 1, line 2—it states that only the Prime Minister can move a motion in the House of Commons in the form set out in this Bill. Members of the House will be familiar with the fact that the usual drafting states a “Minister of the Crown”. In seeking to restrict the moving of this motion to just the Prime Minister, it would mean that the Prime Minister could not travel on Wednesday until after 1 pm, when she would be required to move the motion, disrupting discussions with EU leaders ahead of Council. The House will appreciate the importance of the Prime Minister meeting European leaders before the Council and the need to be ready to make the case for an extension. It is difficult to see how frustrating this process would help the UK to obtain a positive outcome. As such, the Government support these amendments.

Lords amendment 4, tabled in the name of the noble Lord Goldsmith, removed clause 1(6) and (7) of the Bill, requiring the Prime Minister to return to Parliament after the European Council to seek agreement to the length of the extension. We did consider a version of this amendment in this House, moved by my hon. Friend the Member for Camborne and Redruth (George Eustice), but those on the Opposition Benches voted against it. We are now in a situation where Labour peers are once again correcting the errors that were inherent in the original Bill. If subsections (6) and (7) were allowed to stand, we would need to return to the House and seek its approval for an extension on Thursday, even if that extension had already been agreed on Wednesday. That simply does not make sense.

[Mr Bone]

The excellent Minister is right that the amendment was moved in this House and roundly defeated. In fact, the whole point of the Bill originally was that Parliament took control of the date. For some reason I cannot understand, that has now been abandoned, which makes this Bill totally irrelevant. Of course, we can vote how we like today because it will not make any difference, will it, Minister? The Prime Minister now has the authority to do what she likes.

[Mr Walker]

My hon. Friend raises an interesting point. I have already pointed out that I think this Bill is unnecessary. The effect of these amendments is to restore the power of the royal prerogative, so I think I can agree with him on that. Of course—and I say this to the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), who made this point—if an extension were not agreed, the Prime Minister would want to come back to the House at the earliest opportunity to set out the next steps.

EU Exit Day Amendment

Debate between Robin Walker and Peter Bone

Wednesday 27th March 2019 Commons Chamber

[Mr Walker]

I did not catch the whole of my hon. Friend’s question, but I am confident that the Joint Committee on Statutory Instruments has had a chance to look at the matter, and I welcomed its report at the beginning of my speech.

Let me be clear with the House that the power in the EU withdrawal Act can only be used to redefine exit day to the new day and times that the treaties will cease to apply in the UK. To specify any other day would not be a legal use of that power. It is critical that the House approves this instrument for the simple reason that the extension of article 50 has been agreed and is therefore legally binding in international law.

I understand that some Members have been of the view that we are still set to leave the EU on 29 March, but that is not legally the case. Owing to the agreement between the UK and the EU to extend article 50, the UK will remain a member state of the EU until at least 11 pm on 12 April as a matter of international law. If this instrument were not to pass, therefore, it would not change that fact, but it would lead to confusion across our statute book from 29 March.

[Mr Peter Bone (Wellingborough) (Con)]

I have this wonderful machine that says we are now two days, four hours, 17 minutes and 12 seconds away from coming out of the EU; this is a pretty good machine, actually. Is not the truth of the matter that, if we reject this SI tonight—I hope we do by a big margin—we will have come out in domestic law and we will be in breach of an international treaty for about two weeks, and that is why the Minister needs to get this through?

[Mr Walker]

I simply do not share my hon. Friend’s understanding or view of the matter. I respect his point of view, but I am afraid that he is not right on the legal facts.

A large volume of EU exit legislation, preparing the statute book for the moment EU law ceases to apply, is due to enter into force automatically on exit day. Without this instrument in place, there would be a clash in our domestic law whereby contradictory provisions would apply—both EU rules and the new UK rules simultaneously. In some cases, new UK rules would replace EU rules prematurely.

We estimate that tens of thousands of amendments to our domestic legislation will be made in the light of EU exit. These include changes that relate to the sharing of information, reporting requirements placed on businesses and public institutions, and the role of the European Commission in issuing licences and certificates. For example, let us take the amendments relating to the rights of lawyers to practise in the UK. If these regulations come into force on 29 March, EU lawyers who are not registered European lawyers immediately before exit day are at risk of committing a criminal offence if they continue to provide particular legal services in the UK. Other examples include UK operators being unable to comply with the EU emissions trading scheme and having to surrender their emissions allowances early, and the risk that firms stop trading to avoid legal breaches given their uncertainty about when new customs, excise and VAT regimes would kick in.

There are examples from across the statute book, but it is clear that without this instrument there would be significant confusion and uncertainty for businesses and individuals on 29 March.

EU Withdrawal Agreement: Legal Changes

Debate between Robin Walker and Peter Bone

Monday 11th March 2019 Commons Chamber

[Mr Walker]

Yes, I do commit that that information will be available before the debate tomorrow, and the Attorney General has been clear that he will publish his analysis.

[Mr Peter Bone (Wellingborough) (Con)]

The Minister is answering the questions admirably, but we have heard from those on the Opposition Benches the desire for time to look at the legal advice and the motion, and time to table amendments and to consider them. Given that the Opposition are, in effect, requesting an extension to the meaningful vote, will the Minister take from this that we should perhaps consider putting off the vote until Parliament has time to consider what the Prime Minister brings back?

[Mr Walker]

I note my hon. Friend’s representations, but the Government are clear that we will be having the meaningful vote tomorrow.

Oral Answers to Questions

Debate between Robin Walker and Peter Bone

Thursday 19th July 2018 Commons Chamber

[Mr Walker]

The hon. Lady raises an interesting point. I do not see how it relates to rights, standards and protections, but we will be discussing the matter with commercial operators in the sector. A number of key UK providers have already said that they do not intend to apply roaming charges.

[Mr Peter Bone (Wellingborough) (Con)]

The question relates to when we leave the EU, and I have a little digital thing on my phone that says that we are going to leave in 253 days’ time. There has been a lot of talk in the media today about the Government considering extending the article 50 period and the exit date. Will the superb Minister lay that rumour to rest, and confirm that the Prime Minister will stick to her guns and that we will leave on 29 March next year?

[Mr Walker]

I am happy to reassure my hon. Friend that, as it says in the EU (Withdrawal) Act, and as is clear in the White Paper, we are going to leave on 29 March next year.

Oral Answers to Questions

Debate between Robin Walker and Peter Bone

Thursday 3rd May 2018 Commons Chamber

[Mr Robin Walker]

I am not aware of the document to which the hon. Gentleman refers.

[Mr Peter Bone (Wellingborough) (Con)]

I wonder whether the Secretary of State has ever reflected on the fact that if David Cameron had kept his promise of staying in office, implementing the views of the British people and triggering article 50 immediately after the referendum, we would nearly be coming out of the EU now, and I would probably be arranging having a statue of David Cameron in my constituency. Does the Secretary of State get the feeling that the public are fed up with how long this process is taking and wish we could just get on with it a bit quicker?

Oral Answers to Questions

Debate between Robin Walker and Peter Bone

Thursday 15th March 2018 Commons Chamber

[Mr Robin Walker]

I did not quite hear the full detail of the hon. Lady’s question, but I can say that our focus on consumer protection is absolute. I spoke at the Which? conference earlier this week to show how we will put consumer rights at the heart of our approach to Brexit.

[Mr Peter Bone (Wellingborough) (Con)]

rose—

Leaving the EU: Implementation

Debate between Robin Walker and Peter Bone

Monday 29th January 2018 Commons Chamber

[Mr Walker]

The hon. Lady raises an important point, but we want to make sure that businesses have certainty both about the implementation period and about where they are headed through it. The benefits to businesses of an implementation period will be much greater if they know the shape of the future relationship to which we are headed, so I do not believe that prolonging this discussion will be in the interests of either the UK or the EU.

[Mr Peter Bone (Wellingborough) (Con)]

Will the excellent Minister confirm that in 424 days’ time, when we leave the EU and start the implementation period, we will know what our future relationship with the EU will be after the implementation period?

[Mr Walker]

I am happy to reiterate to my hon. Friend that that is absolutely our objective.

Leaving the EU: Sectoral Impact Assessments

Debate between Robin Walker and Peter Bone

Tuesday 28th November 2017 Commons Chamber

[Mr Walker]

In answer to the right hon. Gentleman’s last question, no.

[Mr Peter Bone (Wellingborough) (Con)]

I find that I agree with the comments of the Father of the House and the Chairman of the Select Committee, but I do understand that there is a dilemma for the Government. One recent motion clearly says that all documents should be delivered. A previous motion in this House says that the Government should not produce anything that damages our negotiations. Those motions are not clear, so would it not be an idea for the Government to come back with another motion clarifying the situation?

[Mr Walker]

I am grateful to my hon. Friend for his suggestion. Of course such suggestions are not necessarily for me to respond to, but it is certainly something that we will have a look at.