European Union (Notification of Withdrawal) Bill

Shailesh Vara Excerpts

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

[Sir Hugo Swire]

I hope my right hon. and learned Friend is right. He has not always been right about everything, although he has been right about quite a lot. He and I were on the same side of the debate, and I know that he regrets, as I do, the fact that in all the discussions about migration and immigration during the campaign, some rather irresponsible points were made repeatedly about who would be able to come here from the Commonwealth, when there was absolutely no suggestion that that was behind anyone’s thinking. However, I fundamentally disagree with him in that I do not think that we should do anything unilateral before we get an agreement about the rights of British nationals living in the rest of the EU.

[Mr Shailesh Vara (North West Cambridgeshire) (Con)]

Does my right hon. Friend share my view that if the matter is as simple as some make out—if it is just a question of us making a simple declaration—why have the other 27 countries of the European Union not said that our citizens who are living overseas will be fine, and that there will be no repercussions for them? The fact that those countries will not make that commitment says something, does it not?

[Sir Hugo Swire]

It may do, or it may not. As my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) has said, there is no evidence to suggest that a single country would not behave in a good way. But there is absolutely no evidence that they will all behave in a good way; we simply do not know, because we have not yet had that conversation. Until we have had that debate and secured an agreement that similar rights will be granted to British citizens living in other EU countries, we should not move to allow every single EU national who lives here to continue doing so.

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[Chris Leslie]

In that case, I will move on to new clause 122, which references the European Investment Bank. It deals with a series of economic and trade co-operation issues, which are again not referenced at all in the White Paper. Can you imagine, Mr Howarth, the Government producing a White Paper about the consequences of withdrawing from the European Union without even mentioning the European Investment Bank, in which, by the way, we currently have a 16% stake? It part-funds Crossrail and the Manchester Metrolink. This is a massively important institution, yet we are simply shrugging it off in a blasé way, saying “Trust the Prime Minister; it will all be fine”.

We should at least ask Ministers about the attitude of the British Government towards it, so I ask the Minister directly: what is the British Government’s attitude to our continued participation in the European Investment Bank? He needs to address that and other issues.

I had better move on and talk about a couple of other new clauses. I know that other hon. Members want to contribute to the debate, and it is frustrating that we do not have enough time properly to debate the issues. I am glad to see in their place a couple of hon. Members who might be interested in these things. New clauses 128 to 130 deal with the issue of the protected designation of the origins of goods and services—specifically, their protected geographical indication.

Hon. Members might well have relevant businesses within their constituencies. This is sometimes known as “the Stilton amendment”, so I am looking at the hon. Member for North West Cambridgeshire (Mr Vara). I understand that Stilton is not necessarily made in North West Cambridgeshire, but the hon. Gentleman has the village of Stilton in his constituency. Similarly, the hon. Member for Truro and Falmouth (Sarah Newton) will be well aware of the wonders of Fal oysters, which are protected under the protected geographical indication—PGI—scheme that applies to European trade. Whether they are called “the Stilton amendment” or “the Scotch whisky amendment”, the new clauses simply ask what the Government’s plan is for those protected products—much-cherished and much-valued not just where they are produced, but where they are consumed worldwide—if they lose their protected status? We could end up having knock-off Scotch whisky sold around the world without that protection. The same might apply to Scotch beef, Welsh lamb, Melton Mowbray pork pies, Arbroath smokies, Yorkshire Wensleydale, Newcastle Brown Ale and the Cornish pasty.

[Mr Vara]

As it happens, the protected status of Stilton cheese prohibits people living in the village of Stilton in my constituency from making it. They researched the cheese and found that it was originally made in the village, but they are prohibited from making it by the protected status to which the hon. Gentleman refers. When we leave the European Union, they will be able to make Stilton cheese in Stilton.

[Chris Leslie]

Finally, we get some sign of life from Conservative Members. They are finally interested in the consequences of withdrawing from the European Union. This is an issue that the House should have the opportunity to discuss. Many firms, industries and producers, on both sides of this question, will either benefit or—probably—lose out, as a result of our exiting from the European Union in this way.

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[Heidi Allen]

If the interventions are long, my speech will be short.

Let me say this to my right hon. Friend the Member for Forest of Dean (Mr Harper). Nothing is perfect, but should the policy that we make be based on a few bad apples or on the rights of thousands of fabulous citizens who come here and contribute? What we are discussing today is whether we should be offering unilateral rights to them before securing rights for our UK citizens abroad. I have a sense of what is the moral and right thing to do. I believe that we should be leading the way, and offering those rights unilaterally to EU citizens in the UK.

[Mr Vara]

Will my hon. Friend give way?

[Heidi Allen]

I hope that my hon. Friend will forgive me if I do not. I wish to make a bit of progress, but I will give way again later.

Until we have that resolution, however and whenever it comes, this will prey on the minds of families and our NHS, and will damage the collaboration that is vital to the scientific and academic organisations in my constituency. Many of my constituents have lost all sense of direction, and are struggling to recognise the tolerant, open country of which they are normally so proud. The wounds of the referendum have not yet healed. Although I was grateful for the opportunity to probe the Prime Minister when she made her statement earlier today, I wish to repeat my request for her to keep a unilateral offer to EU citizens in her mind.

As time passes, I fear that the distasteful currency valuation of both our citizens and EU citizens will increase. If an early agreement is not reached—as the Prime Minister hopes it will—I will urge her to step in and halt the trading. We are talking about people. If the Prime Minister were to offer continued rights to EU citizens unilaterally, I believe she would pull the country in behind her. She would strengthen our collective resolve and push forward through the negotiations with the shared will of the 48% and the 52%. At the moment, those in the 48% in my constituency do not feel part of the conversation. Crucially, we would demonstrate that in this global turbulence Britain is, as it always has been, a beacon for humanity and for democracy, a principled and proud nation and—one day soon, I hope—leading the way with compassion and dignity.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

My hon. and right hon. Friends have tabled several new clauses, but we have a remarkable range of amendments before us this evening, so I will confine my remarks to those relating to the position of EU nationals wishing to remain and their rights to remain.

I want to explain why this matters to me as a Liberal and an islander. Those representing island communities understand that things very often have to run to different rules and we have different priorities. One of the most important aspects of keeping an island community viable, prosperous and growing is maintaining a viable level of population, and in recent years and decades the contribution of EU citizens to growing and maintaining the services and businesses within the island communities that it is my privilege to represent has been enormously important. It matters to my communities, therefore, that the position of these EU nationals who live in our communities, and who contribute to our public services and businesses, should be clarified; they should be given the greatest possible reassurance at the earliest possible opportunity.

There is no aspect of island life these days in which we will not find EU nationals living and working. They work in our fish houses, they work in our hotels and bars, they work in our hospitals, our garages and building companies, and they teach in our schools. If we go into the admirable University of the Highlands and Islands, we will find them leading some groundbreaking research there, especially in the development of renewable energy—a future for our whole country. That is why the position of these people in our communities matters to the people I represent, and they matter to me and should matter to us all.

[Mr Vara]

The right hon. Gentleman, for whom I have a huge amount of respect, is making a very good point as regards EU nationals; indeed, many colleagues have said likewise. Does he not accept, however, that while we talk about securing the position of EU nationals living in Britain, we as British parliamentarians have a duty to British nationals living overseas—we have a duty to make sure that they, too, are looked after—and that if we secure the rights of foreigners living in this country before British nationals overseas are looked after, we are neglecting our duty?

[Mr Carmichael]

I gently say to the hon. Gentleman, with whom I have worked in the past, and who I hold in some regard, that, bluntly, it is invidious to play the interests of one group of desperate people off against the interests of another group, and there is a danger of that emerging from what he is saying and the terms in which he puts it. As the right hon. Member for Leeds Central (Hilary Benn), the Chairman of the Exiting the European Union Committee, on which I also serve, reminded us, this was the evidence that we heard from British nationals currently living in other parts of the EU; this is what they want us to do, because they see that it is in their interests that we should do this. They see this move as the best, most immediate and speediest way in which their position can be given some degree of certainty.

The real importance of this move is the atmosphere that it would create. We cannot ignore the atmosphere that we have found in many of our communities since 23 June, and the spike we have seen in hate crime; and we must also think about the atmosphere in which the Prime Minister is going to open the negotiations after the triggering of article 50. The atmosphere will be so much better—so much improved—if we are able to say, “We enter this as a negotiation between friends and neighbours, and as such we offer you this important move for your citizens as a mark of our good faith and our good will.”

I also want to deal with one matter that was raised in the Select Committee, and which has been touched on today: the opportunity of EU nationals to secure their position by means of the permanent residence card. I say to the Minister of State, Department for Exiting the European Union, the right hon. Member for Clwyd West (Mr Jones), that he should be talking about this to his colleagues in the Home Office, because there are enormous difficulties with it. [Interruption.] I see the Minister for Immigration is sitting on the Treasury Bench, too, and he will be aware that some 30% of the—expensive—applications that are necessary for permanent residence cards are currently refused. The evidence brought to the Select Committee was that this involves, I think, an 85-page form. The sheer volume of supporting documentation required for these applications is enormous. The level of detail that is asked about the occasions over the past five, 10, 15 or 20 years when people have left the country even on holiday and then returned, and the evidence required to support these dates, is unreasonable and is putting an enormous burden on those seeking this small measure of reassurance in the short to medium term. This needs to be revisited.

The unfairness of the situation came home to me when I saw a constituent on Friday, who brought to my office the letter she received in 1997 from the then Immigration and Nationality Directorate. She was told:

“You can now remain indefinitely in the United Kingdom. You do not need permission from a Government Department to take or change employment and you may engage in business or a profession as long as you comply with any general regulations for the business or professional activity.”

Nobody told my constituent in 1997 that 20 years later she was going to have to produce tickets to show that in 2005 she took a two-week holiday in Ibiza, or whatever, but that is the situation in which she now finds herself if she is going to achieve that small measure of security for her and her family.

The challenge facing our country at this point is how we go forward in a way that allows us to bring the 52% and the 48% back together. Our country faces an enormous challenge, and it is one that we cannot meet with the support of only half our population; we need all our people to be able to pull together. This would be one small measure that would allow the Government to bring the two sides together to get the best possible deal for all our citizens, whether they are British by birth or British by choice.

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[Jenny Chapman]

What we are asking for, and what new clause 109 asks for, is certainty. I do not think that that is too much to ask.

These amendments do not seek to obstruct the passage of this Bill—not in the least. They are born of a view that Brexit will be better for all the people of Britain if all communities up and down the country are properly involved. The Government should not hide away from this scrutiny; they ought to welcome it. Labour is not arguing for a veto; we are arguing for inclusion. Scotland, Northern Ireland and Wales are not just another stakeholder group to be consulted. The four Governments, although they are not for this purpose equals, must work together.

[Mr Vara]

The hon. Lady speaks of veto. She will be aware—she mentioned this earlier in her speech—that the Supreme Court was unanimous on the role of the devolved Assemblies and that the decision should be taken by this place. We all agree on consultation, but she cannot possibly be speaking of veto, because if she does so, she is challenging the decision of the Supreme Court.

[Jenny Chapman]

I am not going to take it personally that the hon. Gentleman was not listening carefully to the beginning of my speech, but if he looks at the record he will find that his worries are unfounded. He also might like to read the amendment that we have tabled and find that he has nothing at all to worry about.

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[Ms Ahmed-Sheikh]

As usual, my hon. Friend makes very salient comments, although I suspect they will fall on deaf ears, and we know what the result of that might well be.

The Scottish Government have been clear that they are willing to make fundamental compromises to ensure that we can agree a UK-wide approach. The Scottish Government’s White Paper, “Scotland’s Place in Europe”, sets out a series of options that could be taken, if this House so wished, to protect the precious Union that Members talk about so often—to protect Scotland’s political, social and economic interests in Europe while also remaining part of the United Kingdom. It is now time for this Whitehall Government to start to treat Scotland seriously and with respect. We know that such a differentiated deal is possible. Only yesterday, the Secretary of State for Scotland, who I am delighted to see in his place, said during a BBC interview—well, not much about anything in particular, but we did get this from it—that it is “not impossible” to have a differentiated deal for the constituent parts of the UK. The amendments tabled by the SNP set out a framework for us to work together in the interests of Scotland to deliver this.

We welcome the UK Government’s White Paper, which acknowledges the role of the Joint Ministerial Committee and states that it is in place to

“Seek to agree a UK approach to, and objectives for… negotiations”.

I refer the hon. Member for North East Somerset (Mr Rees-Mogg), in relation to new clause 26, to those words of the Prime Minister. However, it simply was not acceptable for the Prime Minister to seem to dismiss the Scottish Government’s plan out of hand in her speech at Lancaster House before the JMC had even met to discuss it. The SNP does not believe that “involving” the devolved Administrations ends with the JMC. We want to see real, tangible efforts to develop a proposal acceptable to all the UK, not a toothless talking shop. That is why we have tabled an amendment calling for the devolved Administrations to have direct representation in the negotiations as we come to an agreed UK-wide deal.

Tomorrow the Scottish Parliament will vote on the triggering of article 50. The Prime Minister should respect that outcome. We also believe that the Prime Minister—

[Mr Vara]

The hon. Lady talks about the Prime Minister respecting a decision. Will the hon. Lady respect the unanimous decision of the Supreme Court that the Prime Minister can decide, and that this is the place where we can decide, for the whole of the United Kingdom?

[Ms Ahmed-Sheikh]

The hon. Gentleman has already made that intervention and was given an answer. Is it his position that the Scotland Act 2016 has no meaning—no value? Is it his position that notwithstanding the terms of the Scotland Act he is going to ignore the wishes of the Scottish Parliament and the other devolved legislatures?

[Mr Vara]

rose—

[Ms Ahmed-Sheikh]

No, the hon. Gentleman has had more than enough time.

[Mr Vara]

rose—

[Ms Ahmed-Sheikh]

I am not taking any more interventions. I have answered the hon. Gentleman’s question.

We also believe that the Prime Minister should not trigger article 50 before the Northern Irish Assembly election on 2 March has taken place, and that there must be a meeting of the British-Irish Council to discuss urgently the immediate effect of the UK’s exit from the EU on the Irish border. That is because such a deal is not just possible but absolutely essential to Scotland, in a number of ways. It is essential for Scottish business. The British Chambers of Commerce’s “International Trade Survey” is further evidence of the damaging impact that the threat of a Tory hard Brexit is already having on Scottish and UK businesses. [Interruption.] It is not rubbish, as the hon. Gentleman says, unless he wants to rubbish the results of that survey, and with it the British Chambers of Commerce. I suspect not, hence he is still in a sedentary position. Published today, it reveals that of the 1,500 businesses surveyed, nearly half, or 44%, said that the devaluation of sterling since the EU referendum was having a negative impact on domestic sales margins, while over two thirds, or 68%, expect the fall in the pound to increase their cost base in the coming year, with more than half of companies—54%—expecting to have to increase the prices of their products as a result.

Such a deal is also essential for Scottish exports.

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[Joanna Cherry]

I rise to speak in support of amendment 46, which stands in my name and that of my hon. Friends, but before that I would like to take the opportunity to thank Conservative Members who have spoken this evening for their quite extraordinary display of hubris and contempt towards amendments, laid by several different parties, that simply seek to make sure that the reality of the modern British constitution and devolved settlement is respected. Those of us who believe that Scotland would be better off managing its own affairs as an independent member of the EU will have received a huge boost this evening from their behaviour. It was a pleasure to listen to the speech of the hon. Member for Foyle (Mark Durkan). I am sure he will forgive me if I say that I suspect that the cause of a united Ireland has also received a boost this evening. I very much hope so.

I will be brief so that others from my party might have a chance to speak. The purpose of amendment 46 is to require the Prime Minister to obtain the legislative consent of the Scottish Parliament, the Welsh Assembly and the Northern Irish Assembly before she triggers article 50. It is a pleasure to have the opportunity to correct the hon. Member for North West Cambridgeshire (Mr Vara) and his woeful misunderstanding of what the Supreme Court did and did not say in relation to legislative consent motions. It said that, as currently framed in the Scotland Act, they are not legally enforceable. It did not say that they had no meaning whatsoever. The hon. Member for Foyle quoted paragraph 151 of the judgment, and I very much suggest that Conservative Members read the judgment, rather than simply taking from it what they want. It said:

“The Sewel Convention has an important role in facilitating harmonious relationships between the UK parliament and the devolved legislatures. But the policing of its scope and the manner of its operation does not lie within the constitutional remit of the judiciary”.

[Mr Vara]

rose—

[Joanna Cherry]

I am not going to give way. I am going to—

European Union (Notification of Withdrawal) Bill

Shailesh Vara Excerpts

Ping Pong: House of Commons
Monday 13th March 2017 Commons Chamber

[Keir Starmer]

I am going to make some progress. We should not bring unnecessary uncertainty and distress into those people’s lives, but that is exactly what is happening as a result of the Government’s approach.

The Brexit Select Committee’s report states that it has heard

“a wide range of concerns of EU nationals since the referendum, including stress, and anxiety and feelings of depression to practical concerns about pensions and healthcare, children being abused in the school playground and worries over the ability to work in the UK in the future.”

What have we come to, if we cannot deal with those levels of anxiety and stress? Many Members will have seen that in their own constituency surgeries. I certainly have: families have come to me in tears about the situation in which they find themselves. It is time for the Government to act; increasingly, it is only the Prime Minister and the Government who think otherwise. Trade unions and campaigns such as the3million and New Europeans have made a very powerful and compelling case for this issue to be dealt with, as of course has the Brexit Committee in its report’s conclusions.

[Mr Shailesh Vara (North West Cambridgeshire) (Con)]

Will the hon. and learned Gentleman give way?