European Union (Notification of Withdrawal) Bill

Roger Gale Excerpts

Committee: 1st sitting: House of Commons
Monday 6th February 2017 Commons Chamber

[John Redwood]

If we take the referendum as a national, UK-wide referendum, we will of course take into account the views of everybody because we are following the mandate of the United Kingdom referendum, in which a very large number of English votes are rather important—

[The Temporary Chair (Sir Roger Gale)]

Order. I am sorry to interrupt the right hon. Gentleman. The conventions are absolutely clear: the right hon. Gentleman will give way as and when he wishes, and hon. Members seeking to intervene should not remain standing.

[John Redwood]

I am very grateful to you, Sir Roger. I was trying to deal with the previous intervention. As a courtesy to the hon. and learned Member for Edinburgh South West (Joanna Cherry), I thought other Members should listen to my answer to her before I took another intervention. I am now happy to take another intervention.

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[Patrick Grady]

On a point of order, Sir Roger. I keep hearing the right hon. Gentleman talking about the “Scottish nationalist party”. I do not know what party that is, but the Members on these Benches belong to the Scottish National party.

[The Temporary Chair (Sir Roger Gale)]

The hon. Gentleman will understand that that is not a point of order for the Chair.

[John Redwood]

I am delighted that another advert has been given for the Scottish National party. We understand the point that its Members are making: they are not happy with the result of either referendum. However, in a democracy, when we have trusted the Scottish people to decide whether they wish to leave our Union and we have trusted United Kingdom voters to decide whether they wish to leave the European Union, it is my view and the view of practically all my right hon. and hon. Friends, and many Labour MPs, that we need to respect both results.

--- Later in debate ---

[Several hon. Members rose—]

[The Temporary Chair (Sir Roger Gale)]

Order. I have no power to impose time limits on Committee stage debates. A lot of Members wish to speak. Back-Bench contributions to this debate will have to end at 11.45 pm to allow the Front Benchers any time at all to wind up. It is patently obvious that not all Members are going to get in. I urge extreme brevity, please.

[Charlie Elphicke]

It is a pleasure to speak under your chairmanship, Sir Roger, and to follow the hon. Member for Foyle (Mark Durkan). Whenever he speaks, he gives us an interesting perspective on how politics is going in Northern Ireland. It seems to me that Sinn Féin might be doing slightly well at the moment.

We are talking about a matter that is important not just for Northern Ireland but for the whole United Kingdom, and I particularly want to address new clause 4. My right hon. Friend the Member for Forest of Dean (Mr Harper) set out cogently the lack of consensus in respect of the devolved Administrations. The drafters and presenters of the new clause know very well that consensus is almost impossible to achieve, as the shadow Minister admitted.

Less focus has been given to subsection (1). The new clause would operate after article 50 has been triggered. The risk is that having triggered article 50, negotiated with the European Union and thought that we had a deal, the machinery might prevent us from closing that deal. The new clause might have the unintended consequence of making any deal hard to achieve, because it contains a whole mechanism for having two months before signing any agreements and needing to seek to achieve consensus before entering any agreements.

The best way forward is to have a clean Brexit with a clean Bill that simply puts article 50 through and lets the Government get on with it. The Government have already said that they are going to involve the House in what is happening and in the negotiations. It is a United Kingdom reserved matter and a United Kingdom decision, and it would be wrong, as a matter of principle, for this important negotiation and decision to be hamstrung by the risk that consensus could not be achieved.

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[Michael Gove]

On a point of order, Sir Roger. Immediately preceding the intervention by the right hon. Member for Gordon (Alex Salmond), his neighbour the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) sought to intervene, but he moved to tell her to sit down so that he might intervene instead. Is such sexist behaviour in order in this Committee?

[The Temporary Chair (Sir Roger Gale)]

Happily, as the right hon. Gentleman knows, that is not a matter for the Chair.

[Charlie Elphicke]

I want to conclude my remarks by saying that it is high time the Labour party respected the fact that the people of Wales and the people of England voted to leave the European Union, it is high time that the Scottish National party respected a referendum—it has, despite the interesting explanation given by its former leader, disrespected three referendums—and it is high time that we have a clean Brexit with a clean Bill and that we send the Bill to the House of Lords unamended.

European Union (Notification of Withdrawal) Bill

Roger Gale Excerpts

Committee: 2nd sitting: House of Commons
Tuesday 7th February 2017 Commons Chamber

[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

I beg to move, That the clause be read a Second time.

[The Temporary Chair (Sir Roger Gale)]

With this it will be convenient to discuss the following:

New clause 42—Equality—impact assessment—

Before exercising the power under section 1, the Prime Minister must undertake that she will publish an equality impact assessment, 18 months after this Act receives Royal Assent or prior to a vote on the negotiations in the European Parliament, whichever is sooner.”

This new clause requires the Prime Minister to publish an equality impact assessment in good time before Parliament votes on the final agreement.

New clause 43—Customs Union—impact assessment—

‘(1) Before exercising the power under section 1, the Prime Minister must undertake that she will publish an impact assessment of the effect of leaving the Customs Union on the United Kingdom.

(2) The impact assessment in subsection (1) shall be laid before Parliament 18 months after this Act receives Royal Assent or prior to a vote on the negotiations in the European Parliament, whichever is sooner.”

This new clause requires the Prime Minister to publish an impact assessment of leaving the Customs Union (independently of decisions on the Single Market) in good time before Parliament votes on the final agreement.

New clause 44—Supply Chains—impact assessment—

Before exercising the power under section 1, the Prime Minister must undertake that she will publish an impact assessment of the risks to supply chains presented by the introduction of non-tariff custom barriers, 18 months after this Act receives Royal Assent or prior to a vote on the negotiations in the European Parliament, whichever is the sooner.”

This new clause requires the Prime Minister to publish an impact assessment on the risk to supply chains from any new non-tariff barriers in good time before Parliament votes on the final agreement.

New clause 45—Environmental protection—impact assessment—

Before exercising the power under section 1, the Prime Minister must undertake that she will publish an impact assessment of the effect on—

(a) environmental protection standards,

(b) farm business viability,

(c) animal welfare standards,

(d) food security, and

(e) food safety

18 months after this Act receives Royal Assent or prior to a vote on the negotiations in the European Parliament, whichever is the sooner.”

This new clause requires the Prime Minister to publish an impact assessment on environmental standards, farm viability and food safety in good time before Parliament votes on the final agreement.

New clause 46—Climate change—impact assessment—

Before exercising the power under section 1, the Prime Minister must undertake that she will publish an impact assessment of the value of participation in the EU Emissions Trading Scheme and the Single Energy Market in achieving our climate change commitments, 18 months after this Act receives Royal Assent or prior to a vote on the negotiations in the European Parliament, whichever is the sooner.”

This new clause requires the Prime Minister to publish an impact assessment on climate change objectives and the contribution of the Emissions Trading System and the energy market to meeting these in good time before Parliament votes on the final agreement.

New clause 47—Research and Development collaboration —impact assessment—

Before exercising the power under section 1, the Prime Minister must undertake that she will publish an impact assessment of the effect of—

(a) leaving Horizon 2020, and

(b) setting up alternative arrangements for international collaboration on research and development by universities and other institutions

18 months after this Act receives Royal Assent or prior to a vote on the negotiations in the European Parliament, whichever is the sooner.”

This new clause requires the Prime Minister to publish an impact assessment on leaving Horizon 2020 and alternative Research and Development collaborations in good time before Parliament votes on the final agreement.

New clause 48—Agencies—impact assessment—

‘(1) Before exercising the power under section 1, the Prime Minister must undertake that she will publish impact assessments of—

(a) rescinding membership of the agencies listed in subsection (2), and

(b) setting up national arrangements in place of the agencies listed in subsection (2).

(2) Subsection (1) applies to the—

(a) Agency for the Cooperation of Energy Regulators (ACER),

(b) Office of the Body of European Regulators for Electronic Communications (BEREC Office),

(c) Community Plant Variety Office (CPVO),

(d) European Border and Coast Guard Agency (Frontex),

(e) European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA),

(f) European Asylum Support Office (EASO),

(g) European Aviation Safety Agency (EASA),

(h) European Banking Authority (EBA),

(i) European Centre for Disease Prevention and Control (ECDC),

(j) European Chemicals Agency (ECHA),

(k) European Environment Agency (EEA),

(l) European Fisheries Control Agency (EFCA),

(m) European Insurance and Occupational Pensions Authority (EIOPA),

(n) European Maritime Safety Agency (EMSA),

(o) European Medicines Agency (EMA),

(p) European Monitoring Centre for Drugs and Drug Addiction (EMCDDA),

(q) European Union Agency for Network and Information Security (ENISA),

(r) European Police Office (Europol),

(s) European Union Agency for Railways (ERA),

(t) European Securities and Markets Authority (ESMA), and

(u) European Union Intellectual Property Office (EUIPO).

(3) The impact assessments in subsection (1) shall be laid before Parliament 18 months after this Act receives Royal Assent or prior to a vote on the negotiations in the European Parliament, whichever is the sooner.”

The effect of this would be to require the Government to publish impact assessments for each agency to determine whether value for money for consumers, businesses and taxpayers would be achieved by leaving each one and setting up national arrangements.

New clause 49—Impact assessment: withdrawal from single market and Customs Union—

Before giving notice under section 1(1), of her intention to notify under Article 50(2) of the Treaty on European Union, the United Kingdom’s intention to withdraw from the EU, the Prime Minster shall lay before both Houses of Parliament a detailed assessment of the anticipated impact of the decision to withdraw from the Single Market and Customs Union of the EU on—

(a) the nature and extent of any tariffs that will or may be imposed on goods and services from the UK entering the EU and goods and services from the EU entering the UK;

(b) the terms of proposed trade agreements with the EU or EU Member states and the expected timeframe for the negotiation and ratification of said trade agreements;

(c) the proposed status of rights guaranteed by the law of the European Union, including—

(i) labour rights,

(ii) health and safety at work,

(iii) the Working Time Directive,

(iv) consumer rights, and

(v) environmental standards;

(d) the proposed status of—

(i) EU citizens living in the UK and,

(ii) UK citizens living in the EU, after the EU has exited the EU;

(e) estimates as to the impact of the UK leaving the EU on—

(i) the balance of trade,

(ii) GDP, and

(iii) unemployment.”

New clause 98—Protected characteristics—Equality Impact Assessments—

‘(1) In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the impact of any new relationship with the European Union on protected characteristics, as set out in the Equality Act 2010.

(2) Any report the Government lays before Parliament on the progress of the withdrawal negotiation must be accompanied by an Equality Impact Assessment.

(3) Neither House of Parliament may approve by resolution any new relationship with the European Union unless an Equality Impact Assessment has been laid before both Houses of Parliament.”

This new clause would place specific duties on the Government to demonstrate compliance with the 2010 Equality Act, ensuring that the impact of decisions on women and those with protected characteristics are considered and debated at every stage of the process.

New clause 101—Environment—Environmental Impact Assessment—

Before issuing any notification under Article 50(2) of the Treaty on European Union, the Prime Minister shall give an undertaking to lay before each House of Parliament a full Environmental Impact Statement on the terms of the agreement reached with the European Union on the UK’s withdrawal from the EU.”

New clause 102—Economic Divergence—Impact Assessment—

Before issuing any notification under Article 50(2) of the Treaty on European Union, the Prime Minister shall give an undertaking to lay before each House of Parliament an impact assessment of the costs to businesses and the environment as a result of divergence in regulations between the UK and countries in the EU single market, once the UK has withdrawn from the EU.”

New clause 103—EU Customs Union and the European single market—Impact Assessment—

‘(1) Before issuing any notification under Article 50(2) of the Treaty on European Union, the Prime Minister shall give an undertaking to lay before each House of Parliament an impact assessment on the UK of leaving the EU Customs Union and the European single market.

(2) The impact assessment shall include the following information for each sector of the economy—

(a) the nature and extent of any tariffs that will or may be imposed on goods and services from the UK entering the EU and goods and services from the EU entering the UK;

(b) the effect of non-tariff custom barriers that will or may be imposed on goods and services from the UK entering the EU and goods and services from the EU entering the UK;

(c) changes in the rules of origin regulations and the administrative burdens for business.”

New clause 106—Withdrawal from Free Movement of persons—Impact Assessment—

‘(1) Before issuing any notification under Article 50(2) of the Treaty on European Union, the Prime Minister shall give an undertaking to lay before each House of Parliament an impact assessment of withdrawal from Directive 2004/38/EC (free movement of persons).

(2) The impact assessment shall include the impact on withdrawal for each sector of the economy and include effects of—

(a) labour shortages,

(b) changes in costs of labour,

(c) administrative burdens for employers,

(d) effects on the cost base for companies; and

(e) effect on consumers.”

New clause 107—Employment Training needs—Impact Assessment—

‘(1) Before issuing any notification under Article 50(2) of the Treaty on European Union, the Prime Minister shall give an undertaking to lay before each House of Parliament an impact assessment of the skills training needed to supply the necessary skills needed for the UK economy after the UK leaves the European Union.

(2) The impact assessment should detail—

(a) the resources needed to meet the needs of training needs of the UK post commencement of leaving the European Union; and

(b) how government will work with UK companies to train future employees and upskill employees post commencement of leaving the European Union in the context of changes in UK immigration policy.”

New clause 143—Financial liability of the UK towards the EU—

The Prime Minister may not exercise the power under section 1 until the Chancellor of the Exchequer has—

(a) published an assessment of the financial liability of the UK towards the EU following the United Kingdom’s withdrawal from the European Union, and

(b) made a statement to the House of Commons on the economic impact of the United Kingdom leaving the single market.”

New clause 152—Natural Environment—impact assessment—

Before exercising the power under section 1, the Prime Minister must lay before both Houses of Parliament an impact assessment covering the impact of leaving—

(a) the European Union, and

(b) the Single Market

on the natural environment, including the marine environment, until 2042.”

This new clause would require the Government to set out the impact on the natural environment of leaving the European Union and leaving the Single Market on the natural environment covering the expected duration of the Government’s 25-year plan for the environment.

New clause 153—Chemicals Regulation—impact assessment—

Before exercising the power under section 1, the Prime Minister must lay before both Houses of Parliament an impact assessment covering the impact of leaving—

(a) the European Union, and

(b) the Single Market

on the assessment and regulation of chemicals for safety and environmental protection.”

New clause 154—Rural Economy and Environment—impact assessment—

‘(1) Before exercising the power under section 1, the Prime Minister must lay before both Houses of Parliament an impact assessment covering the impact of leaving—

(a) the European Union,

(b) the Single Market, and

(c) the Customs Union

on the rural economy and environment.

(2) An impact assessment laid under subsection (1) shall in particular cover the impact on—

(a) tariff and non-tariff barriers to export,

(b) farm incomes and viability,

(c) environmental, food safety and animal welfare standards, and

(d) international competitiveness of UK farms.”

New clause 155—Land Management Payments—impact assessment—

‘(1) Before exercising the power under section 1, the Prime Minister must lay before both Houses of Parliament an impact assessment covering the impact of leaving—

(a) the European Union,

(b) the Common Agricultural Policy, and

(c) the Single Market

on land management and rural development payments.

(2) An impact assessment laid under subsection (1) shall in particular cover the impact on—

(a) funding for environmental protection,

(b) funding for rural development, and

(c) farm incomes and viability.”

New clause 167—Rights and opportunities of young people—impact assessment—

‘(1) Before exercising the power under section 1, the Prime Minister must undertake to publish an assessment of the effect of leaving the European Union on the rights and opportunities of people aged under 25 in the United Kingdom, including—

(a) the effect on the ability to work and travel visa-free in the EU,

(b) the effect on the ability to study in other EU member states on the same terms as on the day on which Royal Assent is given to this Act, and

(c) the effect on the ability to participate in EU programmes designed to provide opportunities to young people, including programmes to facilitate studying in other EU member states.

(2) The impact assessment in subsection (1) shall be laid before Parliament before—

(a) 12 months have elapsed after this Act receives Royal Assent, or

(b) the day on which Her Majesty’s Government declares that agreement has been reached on the terms of the UK’s withdrawal from the EU, whichever is the sooner.”

This new clause would require the Government to undertake an impact assessment of the effect of leaving the EU on the rights and opportunities of young UK nationals and how they will differ from their European counterparts.

New clause 187—Euratom—impact assessment—

‘(1) Before exercising the power under section 1, the Prime Minister must commit to publish an impact assessment of the United Kingdom withdrawing from the European Atomic Energy Community (Euratom) on the nuclear industry within the United Kingdom.

(2) The impact assessment should include, but not be limited to, the impact on—

(a) nuclear research;

(b) health and safety in the nuclear industry; and

(c) employment in the nuclear industry.

(3) The impact assessment shall be published either 18 months after this Act receives Royal Assent or before a vote in the European Parliament on the withdrawal deal agreed between the European Union and the United Kingdom, whichever is the sooner.”

This new clause requires the Prime Minister to publish an impact assessment on the effect on the UK’s nuclear industry should the UK withdraw from Euratom.

Amendment 3, in clause 1, page 1, line 2, at beginning insert—

“If a report has been laid before both Houses of Parliament setting out the estimated impact on the public finances of the UK withdrawing from the European Single Market,”

This amendment ensures that prior to any notification of the Prime Minister‘s intention to notify the United Kingdom‘s withdrawal from the EU, a report shall be published setting out the anticipated implications of exiting from the Single Market

Amendment 24, page 1, line 3, at end insert—

“after Her Majesty’s Government has published a report on the implications, costs and benefits for Gibraltar.”

Amendment 25, page 1, line 3, at end insert—

“after Her Majesty’s Government has published a report on the implications of and costs and benefits for the British Overseas Territories.”

Amendment 26, page 1, line 3, at end insert—

“after Her Majesty’s Government has published a report on the implications of and costs and benefits for the Crown Dependencies.”

Amendment 27, page 1, line 3, at end insert—

“after Her Majesty’s Government has published a report on the implications of and costs and benefits for the Commonwealth.”

Amendment 28, page 1, line 3, at end insert—

“after Her Majesty’s Government has published a report on the implications of and costs and benefits for European Foreign and Defence Policy Co-operation.”

Amendment 47, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Chancellor of the Exchequer has published an assessment on the financial liability of the United Kingdom towards the EU on completion of the Article 50 withdrawal process, and laid a copy of the assessment before Parliament.”

Amendment 48, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Chancellor of Exchequer has published a revised Treasury forecast on the state of the economy, and laid a copy of the report before Parliament.”

Amendment 49, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for Environment, Food and Rural Affairs has published an assessment of the level of agricultural maintenance support grants beyond 2020, and laid a copy of the assessment before Parliament.”

Amendment 51, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) unless a Minister of the Crown has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on Scottish sea ports, and laid a copy of the assessment before Parliament.”

Amendment 52, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Chancellor of the Exchequer has published an assessment of the financial implications of leaving the European Union for charities, and laid a copy of the assessment before Parliament.”

Amendment 53, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until a Minister of the Crown has published a report on the relationship between the Channel Islands and the European Union with regard to the 1972 Act of Accession Protocol No 3, and laid a copy of the report before Parliament.”

Amendment 57, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until a Minister of the Crown has published a revised Strategic Defence and Security Review, and laid a copy of the review before Parliament.”

Amendment 58, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until a Minister of the Crown has published an assessment on the impact of the United Kingdom’s withdrawal from the European Development Fund, and laid a copy of the assessment before Parliament.”

Amendment 59, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Chancellor of the Exchequer has published a report giving a medium-term economic forecast in the event of the United Kingdom leaving the single market, and laid a copy of the report before Parliament.”

Amendment 61, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until a Minister of the Crown has published a revised National Security Strategy, and laid a copy of the review before Parliament.”

Amendment 62, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Chancellor of the Exchequer has published an assessment of future payments to the EU after the Prime Minister makes the notification.”

Amendment 64, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for Education has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 65, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for Health has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 66, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for Environment, Food and Rural Affairs has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 67, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for Justice has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 68, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Home Secretary has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 69, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for Defence has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 70, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Chancellor of the Exchequer has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the responsibilities of Her Majesty’s Treasury, and laid a copy of the assessment before Parliament.”

Amendment 71, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Foreign Secretary has published an assessment on the impact of the UK withdrawing from the EU on the responsibilities of the Foreign and Commonwealth Office, and laid a copy of the assessment before Parliament.”

Amendment 72, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for Work and Pensions has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 73, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for International Trade has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 74, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for Business, Energy and Industrial Strategy has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 75, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for Communities and Local Government has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 76, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for International Development has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 77, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Secretary of State for Culture, Media and Sport has published an assessment on the impact of the United Kingdom’s withdrawal from the EU on the department’s responsibilities, and laid a copy of the assessment before Parliament.”

Amendment 79, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until the Chancellor of the Exchequer has published a report on matters relating to the pensions of UK nationals living and working in the European Union on the date that the United Kingdom withdraws from the EU.”

Amendment 80, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until a Minister of the Crown has published an equality impact assessment on the United Kingdom’s withdrawal from the EU, and laid a copy of the report before Parliament.”

Amendment 82, page 1, line 3, at end insert—

‘(1A) The Prime Minister may not notify under subsection (1) until a Minister of the Crown has published regional and national economic impact assessments on the impact of the United Kingdom’s withdrawal from the EU.”

Amendment 11, page 1, line 5, at end insert—

‘(3) Before exercising the power under subsection (1), the Prime Minister must prepare and publish a report on the effect of the United Kingdom’s withdrawal from the EU on national finances, including the impact on health spending.

This amendment calls for the Government to publish a report on the effect of EU withdrawal on the national finances, particularly health spending following claims in the referendum campaign that EU withdrawal would allow an additional £350 million per week to be spent on the National Health Service.

Amendment 39, page 1, line 5, at end insert—

‘(3) Before the Prime Minister issues a notification under this section, Her Majesty’s Government has a duty to lay before both Houses of Parliament a review of the independence and effectiveness of the current environmental regulators, including a detailed assessment of their capacity to effectively implement and enforce EU-derived environmental legislation upon withdrawal from the European Union.”

This amendment would ensure that UK environmental regulators and enforcement agencies —namely the Environment Agency, Natural England and the Department for Environment, Food and Rural Affairs — are adequately funded and authorised to effectively perform the regulatory functions currently undertaken by institutions of the European Union.

New clause 17—EU Assets and Liabilities—

Within 30 days of the coming into force of this Act the Secretary of State shall publish a full account of the assets and liabilities held by Her Majesty’s Government in respect of the UK’s relationship with the European Union.”

This new clause would ensure that the Government publishes an account of the assets and liabilities held by Her Majesty’s Government in respect of our relationship with the European Union.

New clause 31—Regions of England—draft framework—

Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes particular reference to the impacts on the regions of England.”

New clause 41—Public spending implications—

Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the impact on public spending.”

New clause 138—Trade Agreements—

The Prime Minister may not exercise the power under section 1 until a Minister of the Crown has published a report on the number and terms of trade agreements outlined with countries outside of the European Union, and laid a copy of the report before Parliament.”

[Matthew Pennycook]

In addition to speaking to new clause 5, I intend to speak briefly to amendment 11 and new clause 98. The Bill is straightforward, but, as many hon. Members have said, it will set in train a process that will have profound implications for our country and for each of our constituents. Despite the Government’s resisting new clause 3 yesterday and, in so doing, setting their face against giving Parliament an active role in scrutinising and influencing the negotiation process, the House will still need to hold the Government to account in the months and years ahead. If we are to discharge that duty effectively, we will require adequate information and robust analysis. As things stand, we do not have that.

When it comes to the crucial issue of the impact of different trading models on our economy, the Government’s White Paper falls far short of what is required to ensure that we are able to have informed discussions and debates in this place. Indeed, it offers little beyond assurances that the Government will prioritise securing the freest and most frictionless trade possible in goods and services. The House and, more importantly, businesses across the country that stand to be affected deserve to be made aware of the Government’s evaluation of the likely impact of different future trading relations. The Government can provide them with that evaluation without revealing their negotiating hand by publishing any impact assessments that have been undertaken by Her Majesty’s Treasury. That is the purpose of new clause 5.

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[Sir Desmond Swayne (New Forest West) (Con)]

I agree entirely with my right hon. Friend, but these new clauses come before any such rational intervention by reasonable business people across Europe. They are based on the fact that Opposition Members genuinely believe in their doomsday forecast, and they are just waiting for it to play out. That is the whole point of delaying the process—it is in the hope that when the sky falls in, the British people will change their minds.

[The Temporary Chair (Sir Roger Gale)]

Order. I am the most mild-mannered and tolerant of men, but interventions are becoming slightly overlong. Interventions, even in Committee, are interventions, not speeches.

[Mr Duncan Smith]

Thank you, Sir Roger, for that explanatory intervention. May I say to my colleagues that I am still prepared to take interventions should they wish to keep them short?

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[Several hon. Members rose—]

[The Temporary Chair (Sir Roger Gale)]

Order. If we are not careful, we will face the situation we faced last night. There are a large number of amendments and a large number of Members wish to speak. I understand entirely why Members are being generous in taking interventions; of course, that eats up time. I urge colleagues to shorten their speeches, if possible, to enable the maximum number of Members to take part in what is, after all, a very important debate.

[Michael Gove]

It is a pleasure to serve under your chairmanship, Sir Roger, and to follow the hon. Member for Streatham (Mr Umunna), who made a characteristically authoritative and penetrating speech. I also congratulate him on his leadership of the Labour In campaign in London. The whole United Kingdom, of course, voted to leave, but some of the strongest resistance to the arguments was in London and I am sure that that was in no small part due to the hon. Gentleman’s eloquence and organisational ability.

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[Michael Gove]

To be fair to the hon. Gentleman, for whom I have a great deal of respect, the next Member kind enough to ask to intervene was the hon. Member for Feltham and Heston (Seema Malhotra).

[The Temporary Chair (Sir Roger Gale)]

Order. Just before we proceed, it is customary and courteous to allow the right hon. Gentleman to respond to one intervention before trying to make another one. I find the debate progresses better that way.

[Seema Malhotra]

The right hon. Gentleman describes himself as a humble seeker of truth. That strikes me as interesting, given that he campaigned so hard to leave on the basis of an extra £350 million a week to be spent on the health service. Why will he not support amendment 11, tabled by my hon. Friend the Member for Streatham (Mr Umunna), which states:

“the Prime Minister must prepare and publish a report on the effect of the United Kingdom’s withdrawal from the EU on national finances, including the impact on health spending.”?

Surely, as a humble seeker of truth, he might want to know the answer to that?

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[Michael Gove]

rose—

[The Temporary Chairman (Sir Roger Gale)]

Order. Before the right hon. Gentleman continues his speech, may I again gently say that a great many Members wish to speak? He has been extremely generous in giving way, but I trust that he is nearing his peroration.

[Michael Gove]

I am grateful for the intervention from the hon. Member for Ross, Skye and Lochaber, who combines the roles of crofter and former investment banker with rare skill. He is right—the pound has indeed fallen—but one of the reasons why many people in our shared country of birth rejected the Scottish National party’s referendum promise in 2014 is that at least we know what currency we have in this country, the pound. If Scotland were to become independent, it would not have the pound and it could not have the euro, so we do not know what it would be left with. A hole in the air? The groat? There is no answer to that question.

European Union (Notification of Withdrawal) Bill

Roger Gale Excerpts

3rd reading: House of Commons & Committee: 3rd sitting: House of Commons & Report stage: House of Commons
Wednesday 8th February 2017 Commons Chamber

[Several hon. Members rose—]

[The Temporary Chair (Sir Roger Gale)]

Order. I am holding in my hand a list of Members who wish to speak; it stretches from here to Brussels. There are 21 Members who wish to participate, so a degree of self-restraint in terms of the length of speeches and interventions would be helpful. Several hon. Members on both sides of the House have spoken already in the course of these three days. It is only fair, therefore, that I try to give some preference to those who have not been able to contribute at all.

[Caroline Lucas]

I am pleased to follow the hon. Member for Fareham (Suella Fernandes), not least because I would like to disagree with several of the points she made—I am sure she will not find that surprising. She says that she finds the Prime Minister’s attitude to EU nationals “appropriate”. I find it deeply inappropriate, and so do the EU nationals themselves, who simply want certainty about their future in this country. The Prime Minister’s refusal to guarantee that now, when she has the ability to do so, is cruel and, frankly, immoral. We are talking about people’s lives, which are not commodities to be traded in some wider bargain. The Prime Minister could and should guarantee to people who have made their lives here in good faith that of course they can stay. The idea that it is appropriate to do otherwise is out of order.

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[Caroline Lucas]

rose—

[The Temporary Chairman (Sir Roger Gale)]

Order. I do not know what more I have to say. I gave an indication that I wanted to enable as many Members possible to speak. A significant number of Members have not spoken at all during the three days of this debate, and that is hard on some Members who have tabled new clauses or amendments and wish to speak. I want to try to give a fair crack of the whip to those who have not spoken at all, but long interventions and long speeches do not help that process.

[Caroline Lucas]

I apologise, Sir Roger. I know that my hon. Friend the Member for Wakefield (Mary Creagh)—who chairs the Environmental Audit Committee—tried to make some of these points for hours yesterday, but I will confine myself to saying that I agree with what she has said. I think that the impact on our chemical industry has been massively underestimated. Given that it is our second largest manufacturing export and given that at least 50% of those exports go to the EU, the impact on the sector will be massive.

If the Government are serious in their ambition to be the first Government to leave the environment in a better condition than they found it in, Ministers must now explain to us in detail how the legislative system for monitoring and enforcement will be replaced. I find it astonishing that they expect us to vote for the Bill without being given any idea of what the present complex, robust and unique system of legal enforcement might look like when we leave.

In evidence given to the Environment Audit Committee, the Royal Society for the Protection of Birds made the important point that the European Court of Justice operates on a slightly broader basis than the Supreme Court in the UK, which must follow narrower due process. It is therefore possible that great swathes of environmental protections, once transferred to UK statute, will in effect become redundant owing to the absence of monitoring and enforcement by the European Commission and the European Court of Justice. That loss of an effective judicial system will come at a time when UK regulators, tasked with monitoring compliance with environmental legislation, have had their own budgets slashed. The Department for Environment, Food and Rural Affairs has a third of the staff that it had 10 years ago. Furthermore, because the great repeal Bill will not carry over the jurisprudence from the European Court of Justice, we seem to be set to lose the important case law which, for the past 40 years, has proved so effective in protecting the UK environment.

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[Several hon. Members rose—]

[The Temporary Chair (Sir Roger Gale)]

Order. I have no power whatsoever to impose a time limit, but six minutes per person will allow nine more Members to speak.

[Charlie Elphicke]

I propose to sit down at 4.50 pm, because it is important that we get as many Members in as possible, and it is also important to give an example to the hon. Member for Glasgow North (Patrick Grady), who, sadly, is not in his seat today, so he can understand that courtesy to the House and to other speakers—and to the hon. Member for Wakefield (Mary Creagh), who waited so patiently yesterday—is actually quite important. Good manners are something we should never forget in this place, even if the Scottish National party is not always acquainted with those manners.