Northern Ireland Protocol: Implementation Proposals

Debate between Robin Walker and Stephen Doughty

Wednesday 18th November 2020 Commons Chamber

[Mr Walker]

My hon. Friend makes an incredibly important point. The UK is responsible for the implementation of the protocol in the United Kingdom, and therefore we want to make sure that any checks and processes are streamlined and do not interfere with unfettered access for Northern Ireland goods coming into GB. Any internal checks are the responsibility of the UK Government and their employees.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

I am sorry that the Prime Minister and the Minister still seem to be living in some sort of Trumpian fantasy land about the consequences of the clauses in the United Kingdom Internal Market Bill. I would urge them to listen to the voices on all sides in both Houses and, indeed, President-elect Biden on that issue. It is absolutely crucial that they do that.

Will the Minister give me a cast-iron guarantee that traders operating between the Welsh ports—Pembroke, Fishguard and Holyhead on Anglesey—and either the Republic of Ireland or with Northern Ireland in internal UK trade that transits the Republic of Ireland in either direction will not face any difficulties with IT systems, checks or processes come the end of the transition period?

[Mr Walker]

As the hon. Member knows very well, I would love to be able to give him that cast-iron guarantee, but some of it is dependent on negotiations that are ongoing with the European Union. He is talking about trade between the UK and an EU member state. What we will ensure is that we meet our commitment to unfettered access. In that respect, I think his comments on the UKIM Bill are a little naive. We have to ensure that we can deliver on that commitment under all circumstances.

EU Exit Day Amendment

Debate between Robin Walker and Stephen Doughty

Wednesday 27th March 2019 Commons Chamber

[Mr Walker]

My right hon. Friend makes an important point, but there would be a profound effect as a result of the rejection of this SI, and I shall come to that later in my speech. It is important to state that, were we to reject this SI, it would leave the UK statute book in a mess, so I do not think that is a good course of action.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

The Minister referred a moment ago to the House passing the withdrawal agreement by this week. We obviously heard Mr Speaker’s ruling earlier and rumours abound that the Government intend to introduce the withdrawal and implementation Bill on Friday. Could he confirm whether that is correct and whether it would have any provisions to alter section 13 of the European Union (Withdrawal) Act 2018, which is of course intimately tied up with this statutory instrument?

[Mr Walker]

It will be a matter for the Leader of the House to announce business, not for me. I heard, as I am sure the whole Government heard, the Speaker’s ruling. We take careful note of what the Speaker says and of course we will act with due respect to that. However, I hope that the House has the opportunity to consider the only withdrawal agreement that has been negotiated and agreed to by the EU.

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

Debate between Robin Walker and Stephen Doughty

Tuesday 11th December 2018 Commons Chamber

[Mr Walker]

I am happy to agree wholeheartedly with my hon. Friend.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

The problem is that nobody believes the Government anymore. That is exactly why the Attorney General should, as my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) said, be forced to come to the House and to put in writing the assurances that the Minister has given. Today the Minister has simply been put up as chaff for other Ministers above his pay grade who, quite frankly, are willing to resort to any level of trickery and contempt for this House. That is the reality. Speaking of trickery, will the Minister be very clear about whether any EU member states or European Commission officials were informed of the plan to pull the vote before the Cabinet discussed it and before this House was told?

[Mr Walker]

I have to say that chaff is a new description for me that I am honoured to receive from the hon. Gentleman. I am here to be very clear about the Government’s interpretation of section 13 of the withdrawal Act and to answer that we will have a meaningful vote. I am not here to speculate on other matters.

European Union Citizenship

Debate between Robin Walker and Stephen Doughty

Wednesday 7th March 2018 Commons Chamber

[Stephen Doughty]

I hope I can tempt the Minister back to the rights that UK citizens currently have as EU citizens. He said a few moments ago that it had not been suggested in the negotiations, but Guy Verhofstadt has been clear that he believes that UK citizens would be able to retain their EU citizenship rights on an individual basis. What does the Minister have to say about that clear proposal?

[Mr Walker]

As the hon. Member for Arfon mentioned earlier, I have personally discussed this issue with Guy Verhofstadt. I put it to him that we are negotiating with the Commission, so he needs to make that point to the Commission. If he wishes that to be part of the negotiations, it needs to be discussed in that context. After his meeting in Downing Street this week, Guy Verhofstadt said:

“I think it is possible in the coming days and coming weeks we make progress on this”

issue for citizens

“and we can conclude on this…It should be fine that the citizens rights’ chapter is done, it is finished, it is concluded and everybody knows UK nationals and EU citizens know what their status is in the future.”

I welcome that statement.

Some colleagues have referred to rights that are not covered by the agreement we have reached so far—for example, the right of onward movement for UK nationals. The EU’s approach so far has been to say that it is not an issue that can be resolved in this phase of the negotiations, but we have had meetings on the topic with Members of the European Parliament, and I know that they are as keen as we are to secure that right. It is not something on which we have in any way given up.

Other colleagues, including the hon. Member for Dwyfor Meirionnydd, referred to the right to stand and vote in local and national elections. I stress that we wanted that right to continue—we would have liked it to be part of the citizens’ rights agreement—but the European Commission again ruled that it was outside the scope of the first stage of the negotiations. We have made a commitment to protect that right for EU citizens currently in the UK, and we want to that to be reciprocated. A number of member states already have provisions allowing nationals of a third country to vote in local elections, and we will continue to explore that with other member states bilaterally.

The hon. Member for Cardiff North (Anna McMorrin) mentioned plans to legislate to enable UK citizens living overseas for more than 15 years to retain their right to vote. I am sure that, like me, she welcomed the Government’s support for legislation of this nature just the Friday before last.

As the House will be aware, we are seeking to agree an implementation period of about two years beyond the date of our exit. The purpose of such a period is to give people, businesses and public services in the UK and across the EU the time they need to put in place new arrangements that will be required to adjust to our future partnership. I want to be clear that, during this implementation period, we intend that people will be able to come to the UK to live, study and work, as they do now. We are discussing the precise terms of the implementation period with the EU and we aim to reach agreement by the March European Council.

Leaving the EU: Implementation

Debate between Robin Walker and Stephen Doughty

Monday 29th January 2018 Commons Chamber

[Mr Walker]

The Government have of course considered that, but the Prime Minister has set out that she does not believe that a Norway option is the right approach for the UK. It is important that we have control of our future trade policy, which is one of the objectives of our EU negotiation process.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

We can argue all we like about the transition period, but it is fundamentally just a plank off a cliff, and we will have no idea where we are going when we walk off the end of it. Does the Minister agree that it is unlikely that a trade agreement would be agreed before we leave and very unlikely that we would have one by the end of the transition period? The real issue is that the Cabinet needs to sort out where on earth it wants this country to go.

[Mr Walker]

I do not agree with the hon. Gentleman and do not share his pessimism. We start the trade negotiations from the unique position of our having a high degree of convergence with countries and territories that have followed the same rules for a long time. We can therefore be very ambitious about the future trade agreement that we can reach with the EU.

European Union (Withdrawal) Bill

Debate between Robin Walker and Stephen Doughty

Committee: 5th sitting: House of Commons
Wednesday 6th December 2017 Commons Chamber

[Mr Walker]

I have great respect for my right hon. and learned Friend. On the point that he makes, the Government have absolutely accepted their commitments to the Belfast agreement. It is already a matter of international law. We are committed to that agreement. It is annexed to the British-Irish treaty, and we will continue to respect it in the way in which we approach this whole issue. We will work across the House, as we always have, constructively to ensure that the approach that we take is absolutely in line with the Belfast agreement, and we have done that throughout this process.

[Stephen Doughty]

I, too, share the serious disappointment expressed by the hon. Member for North Down (Lady Hermon). I reiterate the comments that have just been made by the Father of the House. It would send the strongest signal if the Government accepted the new clause, coming back to the House to correct any technical deficiencies at a later stage. The Government are going to ask Members to vote against the principle of the Belfast agreement, which is an extraordinary thing to do. [Interruption.] No matter what the Minister says, that is a very dangerous situation.

[Mr Walker]

Let me make it clear to the hon. Gentleman that no one who supports the Bill will vote against any principles in the Belfast agreement. It is absolutely clear that the Belfast agreement is protected and is something that we intend absolutely to continue to deliver on. We cannot accept an amendment that, in this case, would create doubt about the protection of the Northern Ireland Act. We need to ensure that through this process we create continuity and certainty. I again urge the hon. Member for North Down not to press the new clause, because our commitment is absolute. We will meet that commitment to the Belfast agreement. If she does press the new clause to a vote, that could create the wrong impression for some people outside the House.

--- Later in debate ---

[Mr Walker]

I am happy to take up my right hon. Friend’s suggestion, and to work with the hon. Member for North Down and Members in all parts of the House. The hon. Lady has expressed a strong position and I will work with her to ensure that, as we go through this process, we do everything in our power to continue to protect the Good Friday agreement. My right hon. Friend makes a constructive suggestion, which I welcome.

Clause 17 is the subject of amendment 321, tabled by the hon. Member for Aberavon, whom we have missed in these debates. I emphasise that we have sought to include the majority of consequential amendments needed to the devolution settlements in the Bill, in schedule 3 part 2, but we must be equipped to fix any additional problems that come to light and this standard power, constrained by case law, is the right way to do any tidying up—for example, of cross-references—that could be needed as a result of the Bill coming into force.

The hon. Gentleman also tabled amendments 322 to 327, which would constrain Welsh Ministers’ ability to modify the Government of Wales Act 2006, including removing their ability to correct those parts of the Act that currently fall within devolved responsibility. The 2006 Act is, for the most part, a protected enactment, which means that it cannot generally be modified by the devolved institutions. That makes sense, because the Act sets out how powers are devolved to Wales, but there are certain exceptions to that protection: that is, where it is agreed that it should be within the legislative competence of the Assembly to modify that Act. That was agreed by this Parliament and the National Assembly for Wales when the 2006 Act was passed and again when the Wales Act 2017 was passed.

Ensuring that devolved Ministers have those powers follows the reasoning and decisions made in enacting those Acts and respects the decision of this House and that of the National Assembly for Wales in giving consent. We think it right that, in those areas, Welsh Ministers should be able to use their power to correct deficiencies. Where Welsh Ministers need to make corrections to the 2006 Act, the National Assembly will of course have the ability to scrutinise any changes and to set out the approach to scrutiny that it proposes to take. We do not think, therefore, that the amendments would place a reasonable restriction on Welsh Ministers, as it would put them at significant disadvantage in ensuring that the 2006 Act is fit for purpose, legally sound, and reflects the context of leaving the European Union. I urge the hon. Member for Aberavon not to press those amendments.

[Stephen Doughty]

The cross-party amendments would not have been tabled, or indeed recommended by the Welsh and Scottish Governments, if everything was hunky-dory and fine in the negotiations between the UK Government and the devolved Administrations. We got some movement from the Secretary of State for Scotland this morning. Will the Under-Secretary of State also move on amendment 158, which stands in my name, and perhaps on some of the other concerns that the Welsh and Scottish Governments have set out so clearly?

[Mr Walker]

I absolutely respect the effort of, and have referred a number of times to the evidence collected by, Committees; some of these amendments are tabled by Committees, and we respect that. We want to engage with them, which is why I am trying to give a comprehensive response on all these matters. I hope that the hon. Gentleman will be pleased with some of the things I have to say. We absolutely want to engage with the Committees, because I recognise that we are talking about important institutions that we need to engage with successfully. With that in mind, I have been to give evidence to Committees of the Assembly and the Scottish Parliament, so I say to the hon. Gentleman: keep listening.

Leaving the EU: Sectoral Impact Assessments

Debate between Robin Walker and Stephen Doughty

Tuesday 28th November 2017 Commons Chamber

[Mr Walker]

Like many Conservative Members, my hon. Friend has suggested an approach that the Government could take. It is certainly something to which we will give due consideration.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

The crucial issue is the Government’s failure to be open and transparent with the public and Parliament about the consequences of their approach to Brexit. They are not just doing that with regard to these papers, because they also refuse to give clear examples of the spending reprioritisation that is taking place in Departments as a result of the assessments in the papers and the Government’s policies on Brexit. Will the Government publish a breakdown of the funding that they are giving each Department to cope with their approach to Brexit?

[Mr Walker]

The hon. Gentleman’s question strays quite a long way beyond the matter that we are discussing at the moment. We will absolutely continue to engage with Parliament and its Select Committees to support their scrutiny. We will provide them with as much information as we can, consistent with the national interest.