United Kingdom Internal Market Bill

Debate between Robin Walker and Robert Neill

Monday 21st September 2020 Commons Chamber

[Mr Walker]

I take no lectures from the SNP on this issue. It is clear that the reason why the SNP opposes the withdrawal agreement is that it opposed our leaving the EU in the first place. With regard to the development of technological solutions, I agreed with Michel Barnier when he said that it is important that both sides look at innovative and flexible solutions. When it comes to the future debate in the Northern Ireland Assembly on consent, it may be that technological progress can help with delivery, so I think that many of these arguments stand. We are committed to the protocol and to all our commitments to Northern Ireland, including the unfettered access as part of our United Kingdom.

I turn to two amendments regarding the commencement of these provisions that have been subject to much debate and attention, including a number of powerful and persuasive speeches on Second Reading. Amendment 4, which is in the name of my hon. Friend the Member for Bromley and Chislehurst, the Chair of the Justice Committee, and is signed by my hon. Friend the Member for North Dorset (Simon Hoare), the Chair of the Northern Ireland Affairs Committee, seeks to provide in essence that break-glass mechanism on the key safety net provisions in relation to the protocol by stating that clauses 42, 43 and 45 of the Bill may not come into force until a motion in this House is passed.  Since that amendment was tabled, I am pleased that there have been constructive talks between my hon. Friend the Member for Bromley and Chislehurst and Ministers, and the Government have tabled amendment 66, which provides for substantially the same break-glass mechanism, with the additional requirement for a take-note debate in the other place. I hope that that amendment will demonstrate to hon. Members, including the Chair of the Justice Committee, that we are committed to ensuring that any decision to use the powers is explicitly approved by Parliament.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I thank my hon. Friend for the constructive tone that he and members of the Government have adopted in these matters. It enables some of us who otherwise would not have been able to support these clauses to proceed, on the understanding that there is a specific parliamentary lock that bad faith on the counter-party’s side must be proven to the House before these powers are brought into operation, which of course all of us hope will never be the case. I welcome that, and it enables us to support the Government’s amendment.

[Mr Walker]

I am very grateful to my hon. Friend for that point. A fundamental principle of our constitution, and one that lies at the very heart of our exit from the EU, is that this Parliament is sovereign. As set out in clause 38 of the European Union (Withdrawal Agreement) Act 2020, that means that it can choose to legislate to deliver an interpretation of the protocol consistent with our understanding, while recognising that to do so is a significant step. The parliamentary procedure set out in amendment 66 recognises that, and provides a clearer, more explicit democratic mandate for the use of the powers. I therefore commend amendment 66 to the Committee, and urge my hon. Friend and all Members to support it and not to press amendment 4.

European Union (Withdrawal Agreement) Bill

Debate between Robin Walker and Robert Neill

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

[Mr Walker]

I will come to the hon. Lady’s new clause shortly, so perhaps I can give way to her then.

[Sir Robert Neill]

Will the Minister give way?

[Mr Walker]

I will also come back to the issue raised by my hon. Friend.

As is standard in international agreements, the withdrawal agreement sets out procedures for dealing with disputes concerning compliance with the agreement. Amendment 24 would require parliamentary approval for the payment of any fines or penalties under the withdrawal agreement. The withdrawal agreement is a binding agreement that will place the UK under a legal obligation to make those payments. We have to be clear that we will honour our international legal obligations, and we therefore cannot accept any conditionality on payments.

I turn to amendments 38 and 46 in the name of the hon. and learned Member for Edinburgh South West (Joanna Cherry). It is essential that the powers in clauses 18 to 22 can be used to enable all appropriate measures required by the withdrawal agreement to be implemented by the end of 2020. Restricting the power in the manner proposed would limit the Government’s ability to implement the withdrawal agreement in the most sensible way. I remind the hon. and learned Lady that the use of “appropriate” in statute is not at all new. There are myriad examples elsewhere on the statute book of powers that use the term “appropriate” to describe the discretion available to Ministers when legislating. I remember well that we discussed the question of “appropriate” versus “necessary” many times during the passage of the European Union (Withdrawal) Act 2018, and Parliament accepted the use of the word “appropriate”. There is no persuasive reason why we should depart from that approach here.

[Mr Walker]

I obviously pay heed to those points when they are raised, but I am told that the term “appropriate” actually better allows us to take better steps to ensure that multiple options can be explored when the legal changes are complex and interact with numerous pieces of existing legislation; so there are other elements to take into account.

[Sir Robert Neill]

I have three points to make. First, perhaps the Minister could set out what those “better steps” are. Secondly, will he address the issue of consideration under the affirmative resolution procedure as opposed to the negative resolution procedure, which might put some of my concerns to rest? Thirdly, before he finishes, will he tell us why we moved from the formulation of the Supreme Court in clause 26 to the lower courts?

[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.

European Union (Withdrawal) Act 2018: Statutory Obligations on Ministers

Debate between Robin Walker and Robert Neill

Tuesday 11th December 2018 Commons Chamber

[Mr Walker]

I could not have been much clearer in my statement earlier that we will be having a meaningful vote before 21 January. I am very clear that I want the Prime Minister to go and get the assurances that she seeks and to come back to this House as soon as possible, and I am sure that that is exactly what she intends to do.

[Robert Neill (Bromley and Chislehurst) (Con)]

I refer Members to my declaration in the Register of Members’ Financial Interests.

This is important not only for everybody in this country, but for the people in Gibraltar. Will my hon. Friend first reassure me that the initial deal still exists as of this moment and is still a legal deal on the table, because that certainty is really important for them; and, secondly, take on board the fact that, for those of us who want to support the deal, the sooner that it is brought back the better, as we wish the Prime Minister well in what she is trying to do?

[Mr Walker]

My hon. Friend makes an excellent point. He and I have both recently heard directly from the Chief Minister in Gibraltar, who is very clear in his support for this deal because he thinks that it meets Gibraltar’s key interests and preserves British sovereignty. Those are crucial points, which I look forward to supporting when the deal returns to the House.

Oral Answers to Questions

Debate between Robin Walker and Robert Neill

Thursday 25th October 2018 Commons Chamber

[Robert Neill (Bromley and Chislehurst) (Con)]

I refer to my entry in the Register of Members’ Financial Interests. Does my hon. Friend agree that it is most significant indeed that yesterday the Chief Minister of Gibraltar, in saluting the support the Prime Minister has personally given to the negotiations, observed that for the first time the Prime Minister of Spain has publicly accepted that the inclusion of a protocol to protect the interests of Gibraltar is a done deal if there is a deal and an agreement? Does that not demonstrate how important it is for any friend of Gibraltar that there is a deal and it is carried in this House?

[Mr Walker]

My hon. Friend is absolutely right. I know that he has worked assiduously through the all-party parliamentary group on Gibraltar to protect and promote the interests of Gibraltar. I would like to return the compliment to the Chief Minister of Gibraltar, who has played a crucial role in these negotiations.

--- Later in debate ---

[Mr Robin Walker]

It has always been the case in these negotiations that we have to agree the whole deal in order for it to apply. It is right to say that we have made a great deal of progress on that protocol, but it is linked to the overall withdrawal agreement.

[Robert Neill (Bromley and Chislehurst) (Con)]

Witnesses to the Select Committee on Justice on Tuesday stressed the importance of ongoing contractual continuity and certainty of enforcement. That is especially important to the financial services sector, where many of my constituents work. Will the Minister meet me to discuss progress on a number of the important technical aspects around this issue?

Leaving the EU: Implementation

Debate between Robin Walker and Robert Neill

Monday 29th January 2018 Commons Chamber

[Mr Walker]

The hon. Lady makes an important point. It has of course been this Government’s position from the start of this process that we will not allow a hard border on the island of Ireland; we want to secure that through the future relationship between the UK and the EU. She refers to commitments in the joint report, and of course we want to protect north-south co-operation, wherever it exists, between Northern Ireland and the Republic of Ireland.

[Robert Neill (Bromley and Chislehurst) (Con)]

As well as on the importance of financial services, does the Minister agree that the Government’s objective of maintaining and, if possible, maximising and increasing continuing judicial and security co-operation will also require a continuing very close alignment on regulatory matters, not least in relation to data protection and exchange? Will he confirm that that will remain a priority for the Government, more than artificial or ideological considerations?

[Mr Walker]

My hon. Friend raises an important point. We set out in our data paper the intention to reach a comprehensive deal between the UK and the EU on data, which I believe will be in the interests of both parties. He rightly points to what the Prime Minister has said, which is that our commitment to European security is non-negotiable.

Oral Answers to Questions

Debate between Robin Walker and Robert Neill

Thursday 2nd November 2017 Commons Chamber

[Mr Walker]

The hon. Lady makes a good point. I refer her to our future security paper, which makes clear our interest in co-operating on these matters. This House takes children’s rights extremely seriously and we will ensure that we establish the best approach to them in both the negotiations and our own domestic law.

[Robert Neill (Bromley and Chislehurst) (Con)]

11. What representations he has received on the future of the euro clearing market.

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

Since the creation of our Department a year ago, my colleagues and I have engaged widely with the financial services industry and others with a stake in London’s euro clearing market. We have received representations from, and had meetings with, a wide variety of stakeholders, including UK Finance, TheCityUK, the Association of Foreign Banks and the Investment Association, and we will continue to do so.

--- Later in debate ---

[Robert Neill]

Against that background, is it not imperative that we secure a deal on leaving the European Union that will protect access to European markets for our financial services?

[Mr Walker]

My hon. Friend draws attention to the huge importance of the global financial centre in London to the whole of Europe. The Government are well aware of the importance of financial services market access. Our access brings benefits to businesses and customers across the UK and Europe, and we are determined to maintain the City’s competitiveness now and into the future. That is why we are working closely with the Treasury to ensure that we have the strongest possible offer on reciprocal market access in this space.

Oral Answers to Questions

Debate between Robin Walker and Robert Neill

Thursday 9th March 2017 Commons Chamber

[Mr Walker]

Absolutely. I assure my hon. Friend that we remain committed to preserving the rights of Irish citizens within the UK. Irish citizens have had special status within the UK since well before the establishment of the EU, and that is rooted in the Ireland Act 1949 and reflected in British Nationality Acts. That status provides Irish citizens in the UK with additional rights beyond those associated with common membership of the EU. The family ties and bonds of affection that unite our two countries mean that there will be always be a special relationship between us.

[Robert Neill]

The Crown dependency of the Isle of Man has strong links with Northern Ireland, the Republic, and the rest of the United Kingdom, and when the Justice Committee met representatives of its Government, their No. 1 ask was to ensure that it remains a part of the common travel area between the three. Will the Minister reassure them and us on that point?

[Mr Walker]

Absolutely. We greatly value the work of my hon. Friend and his Committee on such issues and look forward to reading the report of his inquiry into the implications of Brexit for the Crown dependencies. The Crown dependencies, including the Isle of Man, have been part of the common travel area for nearly 100 years, and we are committed to preserving that arrangement. We set out in the White Paper that we will work with the Crown dependencies, as well as with Ireland, on improving the CTA.