Oral Answers to Questions

John Bercow Excerpts

Thursday 1st February 2018 Commons Chamber

[Sir Christopher Chope (Christchurch) (Con)]

rose—

[Mr Speaker]

Ah, yes, a Dorset knight.

[Sir Christopher Chope]

Can my hon. Friend confirm that during the implementation period, all foreigners, including those in the European Union, will be treated equally in having access to our country?

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[Mr Davis]

If I simply accept the European Commission proposal, then yes.

[Mr Speaker]

Unlike the question from the right hon. Member for New Forest West (Sir Desmond Swayne), which was commendably pithy—and again I exhort him to issue his textbook for the benefit of all colleagues.

[Andy Slaughter (Hammersmith) (Lab)]

I will do my best, Mr Speaker.

The EU has made it clear that EU citizens coming to the UK during the transition period should be eligible for settled status; the Prime Minister says they will not be eligible. Is that a red line, or are the Government willing to compromise on that? I thought nothing was agreed until everything was agreed.

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[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Poor old George Osborne, not mentioned at all.

[Mr Speaker]

Order. I was about to say that the hon. Gentleman chunters from a sedentary position, but he almost yells from a sedentary position his expression of sympathy for the former Chancellor of the Exchequer. I am sure the former Chancellor of the Exchequer will bear with stoicism and fortitude not being directly referenced by the representatives of the Treasury Bench.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

Will the Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Wycombe (Mr Baker), confirm that he heard from Charles Grant of the Centre for European Research that officials in the Treasury have deliberately developed a model to show that all options other than staying in the customs union are bad, and that officials intend to use the model to influence policy? If that is correct, does he share my view that it goes against the spirit of the Northcote-Trevelyan reforms that underpin our independent civil service?

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[Several hon. Members rose—]

[Mr Speaker]

Order. I just want to hear from the two colleagues who have not contributed to these exchanges since 9.34 am, or thereabouts.

[Karin Smyth (Bristol South) (Lab)]

On 11 January Lord Callanan visited Bristol, and he made a promise to Hartcliffe residents in my constituency that there would be more jobs after Brexit. Had he been briefed by the Department on the true state of the modelling analysis when he made that promise to those people?

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[Mr Speaker]

Order. If the hon. Gentleman’s second inquiry is a single sentence of fewer than 20 words, I will hear it. If it isn’t, I won’t.

[Bob Blackman]

Will my right hon. Friend confirm that we will be able to implement decisions during the transition period and not wait until the end to implement everything that is agreed?

Government’s EU Exit Analysis

John Bercow Excerpts

Wednesday 31st January 2018 Commons Chamber

[Mr Baker]

I heard what the hon. Gentleman said the first time, but the commitments that we are giving are that we will comply scrupulously with this motion and that we will make available to both Houses analysis at the time of the meaningful vote. That is the commitment into which we are entering, but I have heard his request for a continuous evolving analysis. What we have said is that we will not give a continuous rolling commentary on our analysis. We will proceed to ensure that the national interest is protected. We made a commitment to provide Parliament with the appropriate analysis it needs to make a decision on the final deal at the time that we vote, in the way that is set out in the written ministerial statement that we laid.

The Secretary of State has been consistent in stressing the importance of parliamentary scrutiny and oversight of the Brexit process. We have done this willingly to ensure that the parliamentary process is followed. I endorse the actions that we have taken, as I accept collective responsibility regarding the point that was raised earlier.

Finally, as I reiterated yesterday, the people of this country on 23 June 2016 took the decision to leave the European Union. The purpose of the analysis that we have conducted is not to question that decision—which this House voted to respect when it supported triggering article 50—but to ensure that we have the best possible outcome for the British people. We are accepting this motion today on the exceptional basis of the poor reporting of a leak.

[Mr Speaker]

Is the Minister giving way or has he concluded his oration?

[Mr Baker]

I have concluded.

[Mr Speaker]

The Minister has concluded his oration, and we are grateful to him.

Question put and agreed to.

Resolved,

That an humble Address be presented to Her Majesty, That she will be graciously pleased to give directions that the EU exit analysis which was referred to in his response to an Urgent Question in the House on 30 January by the Parliamentary Under-Secretary of State for Exiting the European Union be provided to the Exiting the European Union Committee and made available to all Members on a confidential basis as a matter of urgency.

[Keir Starmer]

On a point of order, Mr Speaker. The Government not having voted against the motion, it is—as I understand it—carried, which is a victory for transparency and accountability. Can I seek your guidance that this motion is, as the previous motion was, considered to be binding on the Government? Further, may I ask your guidance on what you might consider to be a reasonable period of time within which the Government should comply with the motion?

[Mr Speaker]

I am grateful to the right hon. and learned Gentleman for his point of order. The answer is twofold. First, yes, the motion is binding. I think that the Government are clear about that, and the Minister has indicated the intention of the Government to comply with it. Secondly, if memory serves me correctly, the motion refers to “a matter of urgency.” Therefore, the expectation must be that the report that is the subject of the debate will be released, published or made available to those persons mentioned in the motion as a matter of urgency.

I have now to announce the result of a Division deferred from a previous day. In respect of the Question relating to capital gains tax, the Ayes were 306 and the Noes were 240, so the Ayes have it.

[The Division list is published at the end of today’s debates.]

Leaving the EU: Economic Analysis

John Bercow Excerpts

Tuesday 30th January 2018 Commons Chamber

[Mr Baker]

The right hon. and learned Gentleman raises the question of impact assessments, and what I can say to the House is that we have always been absolutely clear that we have a wide-ranging programme of analysis, which is evolving continually, but this economic analysis is not what is formally known as an impact assessment. [Interruption.] What I would say to the House—[Interruption.]

[Mr Speaker]

Order. There is excessive gesticulation from a number of hon. Members, which is unseemly and certainly unstatesmanlike.

[Mr Baker]

The right hon. and learned Gentleman and the Labour party are completely neglecting our duty to safeguard the national interest in the course of these negotiations. I can understand why he and those behind him would want the reports in the press to be accurate. Fundamentally, they do not wish to leave the European Union. For them, good news is a disaster and bad news is a welcome confirmation of their world view. They await each set of employment figures with eager anticipation, only to have their hopes dashed when every set shows an ever-increasing number of people in work. They gleefully celebrate warnings from banks about the possibility of jobs moving to the continent, then they have to retreat when, a few months later, the banks assert the supremacy of the City of London. I do not blame them. They care passionately about remaining in the European Union and they want to overturn the result, but their strategy is becoming clear: demoralisation, delay and revocation. However, that is not what our parties stood for at the last election. Our parties were clear that we would respect the result of the referendum, and that requires the Government to deliver the best possible Brexit. That is what we are trying to do.

As I said in the opening words of my reply, when the time comes for a meaningful vote, the Government will ensure that the House is appropriately informed. However, we can see what some of this economic analysis could be worth. Let us take as an example the respected Bank of England. What institution could be more respected for its analysis? In August 2016, it made a quantitative forecast of the impact of Brexit, saying that exports would go down by 0.5%, but they went up 8.3%. It said that business investment would go down by 2%, but it went up by 1.7%. It said that housing investment would go down by 4.75%, but it went up by 5%. It said that employment growth would be zero—flat—but it went up to a new all-time high. The public deserve to see the national interest protected in these negotiations and to have a House of Commons of representatives who exhibit a healthy scepticism about economic forecasting.

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[Mr Speaker]

The right hon. Member for Carshalton and Wallington (Tom Brake) looks as though he has just consumed a very bitter lemon, but I hope he recovers.

[Mr Philip Hollobone (Kettering) (Con)]

Does my hon. Friend share my dismay that pro-remain Members of this House who represent constituencies that voted to leave leap on incomplete economic analysis and profess deep understanding of complex economic methodology, yet fail to wrap their minds around the simple arithmetic of the referendum, which was that 52% voted to leave?

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[Several hon. Members rose—]

[Mr Speaker]

As there is so much noise, I will call someone who has been behaving in a statesperson-like manner. I call Fiona Onasanya.

[Fiona Onasanya (Peterborough) (Lab)]

I refute the accusation that we do not accept what our constituents have voted for. In June, they were asked a simple question, which was something like this: would you like a divorce, yes or no? They answered that question, but they did not know who would have the children, who would get the house, and how the assets would be split. Will Ministers give us the detail of the impact analysis that has been done, so that we can advise our constituents on how leaving will affect them?

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[Mr Speaker]

I will take this point of order now, as I believe it relates to the subject matter that we have been discussing.

[Jo Platt]

Further to the question that I have just asked, I have tabled 23 written questions to the Department for Exiting the European Union and the Treasury over the past six weeks, asking for the titles of any assessments that the Government had conducted on the impact of our withdrawal from the European Union. However, none of these questions has been adequately answered. What I have received has been vague; my questions have often been ignored; and Ministers have not provided me with the information I requested. Mr Speaker, without any obvious avenue to take, I seek your guidance on how I can secure an answer from Ministers to the questions I have asked in order for me to ascertain the number of assessments the Government have undertaken and their titles.

[Mr Speaker]

I thank the hon. Lady for giving me notice of her intended point of order, although I am not at all sure that I can offer her much satisfaction or comfort. The content of ministerial answers to parliamentary questions is the responsibility of the Minister concerned. It is not, and cannot be, a matter for the Chair. I understand her dissatisfaction with the answers that she has received. I am afraid that it is not uncommon for answers from successive Governments of different complexions to fail to engage—either fully or, in some cases, at all—with the question in the view of the recipient of the answer, or, indeed, to do so only vaguely. However, I advise the hon. Lady to persist and to discuss with the Table Office what other avenues she might pursue.

I must emphasise, on the basis of some little experience in the House, the merits of quantity, persistence and, above all, repetition. Members must—if I may very politely say so—keep at it. I remember one year tabling, I think, a little under 4,000 questions, which somewhat irritated Ministers at the time, although that caused me no concern whatever. I was simply concerned to table the questions that mattered to me. If that caused some inconvenience to other people, it was really beside the point. Democracy costs.

On whether Members will be granted access to analytical studies on the impact of the UK’s withdrawal from the EU ahead of any vote on the final deal, I do not know the answer to that question beyond what we have heard from the Minister today, and the Minister has said some things today on which Members can reflect. If the hon. Lady wants to put further questions on this matter to Ministers, it is open to her to do so.

On whether it is in order for Ministers or Departments to show information to journalists before providing it to the House, I would say that although this is not a matter of order, it would certainly represent a discourtesy to Members, and I would deprecate that. I hope that Ministers will reflect on the matter and consider what information should be provided to the House on this important matter at all stages. I hope that that is helpful to the hon. Lady.

[Neil Coyle (Bermondsey and Old Southwark) (Lab)]

On a point of order, Mr Speaker.

[Mr Speaker]

Does it relate to the matters we have just been discussing?

[Neil Coyle]

indicated assent.

[Mr Speaker]

Very well, I will take it. The hon. Member for Battersea (Marsha De Cordova) will just have to be patient for a short period.

[Neil Coyle]

Thank you, Mr Speaker.

The ministerial code of practice outlines seven principles of public life, one of which is on openness. It states specifically:

“Information should not be withheld from the public unless there are clear and lawful reasons for so doing.”

It sounds as though there is certainly a discrepancy between what was said to the Select Committee in December and what we have heard over the past couple of days and some things that the Minister has said today. What course of action is open to a Member who wishes to pursue the matter at stake if the Secretary of State or a Minister has not provided information that should be available to my constituents and businesses who are deeply affected by it?

[Mr Speaker]

I am very grateful to the hon. Gentleman for his point of order. I will make a number of points briefly in response. First, the ministerial code to which he refers is certainly a very important document, but compliance or non-compliance with it is not adjudicated on by the Chair; that is a matter for others.

Secondly, the hon. Gentleman inquires on what recourse he has if he believes that there is a discrepancy. The short answer is that he can table a question or, indeed, a series of questions on the matter, applying his little grey cells to the formation of such inquiries as he thinks appropriate.

Thirdly, the hon. Gentleman referenced evidence to the Select Committee. He will have heard his right hon. Friend the Member for Leeds Central (Hilary Benn), the Chair of the Brexit Committee, who asked a question on this matter early in the exchanges. The right hon. Gentleman and his colleagues can pursue the matter if they so wish. They have a track record of doing so on previous occasions and might choose to do so on this occasion. I hope that that is helpful to the hon. Gentleman.

Leaving the EU: Implementation

John Bercow Excerpts

Monday 29th January 2018 Commons Chamber

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

Just this afternoon, the European Union finalised its directives setting out its negotiating position on the implementation period. On Friday, the Secretary of State for Exiting the European Union made a speech setting out the UK Government’s position. Formal negotiations on this very issue are therefore due to start this week.

As the Secretary of State said on Friday, we will be seeking a strictly time-limited implementation period to allow a smooth and orderly exit from the European Union. This builds on the Prime Minister’s announcement, in her Lancaster House speech in January last year, that there would be a “process of implementation” once the article 50 period ended. It has been supported by businesses both here and in the European Union, which will have to make only one set of changes as we exit the EU. During this period, the UK will be outside the EU. We will have left on 29 March 2019.

This is an absolute necessity. The EU can only legally conclude our future partnership once we are outside it. Such an agreement on the future partnership will require the appropriate legal ratification, which will itself take time. That will need to happen during an implementation period. However, if such a period is to work, both sides must continue to follow the same stable set of laws and rules without compromising the integrity of the single market and the customs union, to which we will maintain access on current terms. Both sides should approach this period in the spirit of our future partnership. That means each side committing itself to taking no action that would undermine the other.

During the implementation period, we will still make our voice heard. We will have to agree on a way of resolving concerns if laws are deemed to run contrary to our interests, and if we have not had our say. We will agree on an appropriate process for this temporary period, so that we have the means to remedy any issues through dialogue as soon as possible. All that will be provided for in the withdrawal agreement that we reach with the EU, which will have the status of a new international treaty between the UK and the EU. We will no longer be formally part of the EU treaties during this period.

As the Secretary of State said on Friday, we have made it clear that during this period we will be able to negotiate and sign our own free trade agreements. Here at home, we have already announced that we will present a withdrawal agreement and implementation Bill, which will provide for domestic implementation of the withdrawal agreement and the implementation period. We have made it clear that as we leave the EU in March 2019, we will repeal the European Communities Act 1972. That will be done through the European Union (Withdrawal) Bill, which recently received its Third Reading in the House of Commons and will shortly be discussed in the other place.

[Mr Speaker]

I call Paul Blomfield. [Interruption.] But not before we have heard from Sir William. I was simply seeking to build up an air of anticipation of the hon. Member for Sheffield Central (Paul Blomfield).

[Sir William Cash]

I am deeply grateful, Mr Speaker.

Given the document to which the Minister has just referred, which was issued by the European Union to the United Kingdom about two hours ago, can the Government reconcile their policy of leaving the European Union with their own implementation proposals during the transitional period? Furthermore, will this apply when EU laws are imposed on us when we will have no say in either the European Council or the European Parliament, and when our courts will be obliged to apply European Court case law without having a judge in that Court?

Do the Government intend to make a new EU treaty? How long is the so-called strict time limit? Given that we are leaving the EU, and therefore the customs union and the single market, and ending the provisions relating to freedom of movement, will the Government reject this new EU ultimatum, including the statement that the European Court of Justice will continue to apply to the UK? Will the Minister reject the idea of the enforcement mechanism set out in the document? Will he reject the suggestion that the European acquis will apply in relation to the United Kingdom, as well as the notion in the document that European Union law will continue to apply to the UK during the transitional period with direct effect and primacy?

Under these arrangements, we will be required to remain in the customs union and the single market, with all four freedoms, and to continue to comply with EU trade policy. Will the Government reject the assertion about the European Union acquis, so that we will not be made subject to supervision and control proceedings under European Union law?

In short, do the Government reject this Council decision as inconsistent with our leaving the EU, which we are entitled to do under EU law itself and article 50 of the Lisbon treaty and which was achieved through the enactment of the arrangements for withdrawal that was supported by 499 Members of this House?

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[Several hon. Members rose—]

[Mr Speaker]

Order. Let us hear from the voice of North East Somerset. I call Mr Jacob Rees-Mogg.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

How does my hon. Friend square paragraph 4 of the European Union’s guidelines, which requires the phase 1 agreement to be respected in full and implemented in legal terms, with the idea that nothing is agreed until everything is agreed?

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[Stephen Kinnock]

On a point of order, Mr Speaker.

[Mr Speaker]

I will take this point of order now because I understand that it relates to the exchanges that have just taken place. Let’s hear it.

[Stephen Kinnock]

Thank you, Mr Speaker. As you will have heard during this session, I asked the Minister a perfectly reasonable question. Unfortunately, he chose to respond by impugning my motives and questioning my patriotism. I assure him that I speak only in what I see as the national interest and the interests of my constituents. I therefore ask him to retract those comments and apologise, and we will leave it at that.

[Mr Speaker]

I said that I would hear the hon. Gentleman. The Minister is not under any obligation to respond, although he may if he wants to.

[Mr Walker]

I am very happy to give a quick response.

[Mr Speaker]

Quick is good—much to be said for it.

[Mr Walker]

I did not mean to impugn the hon. Gentleman’s motives. I would only point out that he was reading directly from the EU’s negotiating guidelines and that today we are, of course, discussing the UK’s policy.

[Stephen Kinnock]

That is not an apology.

[Mr Speaker]

No, it is not an apology. It is an explanation. But we will leave it there.

European Union (Withdrawal) Bill

John Bercow Excerpts

3rd reading: House of Commons & Report stage: Second Day: House of Commons
Wednesday 17th January 2018 Commons Chamber

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

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

[Mr Speaker]

With this it will be convenient to discuss the following:

New clause 2—Meaning of Withdrawal Agreement—

“It shall be the objective of Her Majesty’s Government to ensure that the arrangements for the UK’s withdrawal from the EU which comprise the “withdrawal agreement” specified in subsection (1) of section 14 shall include full, comprehensive and sufficient detail as if it were a legal instrument capable of acceptance and deposit as an international trade agreement at the World Trade Organisation, with detailed agreements on the following aspects of the future relationship between the United Kingdom and European Union including—

(a) geographical scope of application,

(b) regulatory cooperation,

(c) national security,

(d) cross-border trade in services,

(e) market access,

(f) tariff arrangements,

(g) tariff rate quotas on all products,

(h) customs duties on imports,

(i) duties, taxes and charges on exports,

(j) fees and charges,

(k) import and export restrictions,

(l) provisions concerning anti-dumping and countervailing measures,

(m) transparency,

(n) sanitary and phytosanitary measures,

(o) trade conditions,

(p) customs valuation,

(q) subsidies,

(r) dispute settlement and mediation,

(s) establishment of investments,

(t) non-discriminatory treatment,

(u) expropriation,

(v) enforcement of awards,

(w) mutual recognition of professional qualifications,

(x) cross-border financial services,

(y) prudential regulatory alignment,

(z) maritime transport services,

(aa) telecommunications,

(bb) electronic commerce,

(cc) competition policy,

(dd) state enterprises and monopolies,

(ee) government procurement,

(ff) intellectual property,

(gg) trade and sustainable development and the environment,

(hh) trade and labour standards and employment conditions and

(ii) taxation.”

This new clause would make it the objective of HM Government that the withdrawal agreement sought prior to exit day should include proposals setting out the full details expected of a comprehensive international trade agreement.

New clause 3—Republic of Ireland and Northern Ireland—

“(1) Nothing in the provisions made under section 8 or section 9 of this Act shall authorise any regulations which—

(a) breach any of the obligations of Her Majesty’s Government made under the Belfast Agreement implemented in the Northern Ireland Act 1998 (which made new provision for the government of Northern Ireland for the purpose of implementing the agreement reached at multi-party talks on Northern Ireland), or

(b) create hard border arrangements between Northern Ireland and the Republic of Ireland, or

(c) undermine the full alignment of the United Kingdom with the rules of the European Union Internal Market and the Customs Union which support North-South cooperation, the all-island economy and the protection of the Belfast Agreement.

(2) Subsection (1)(c) shall apply unless Her Majesty’s Government, the Government of the Republic of Ireland and the European Union agree alternative specific solutions which can continue to address the unique circumstances of the island of Ireland, the obligations of the Belfast Agreement and the avoidance of a hard border arrangement between Northern Ireland and the Republic of Ireland.”

This new clause would ensure that the aspects of the Phase 1 agreement between the UK and the EU regarding the Republic of Ireland and Northern Ireland are brought into UK law.

New clause 4—Financial Settlement—

“The Chancellor of the Exchequer shall publish, within one month of Royal Assent of this Act, the full details of the methodology agreed between Her Majesty’s Government and the European Union as set out in the “Joint Report from the Negotiators on Progress During Phase 1” which was published on 8 December 2017.”

This new clause would ensure that the agreed methodology for calculating the financial settlement between the UK and the EU set out in the Joint Report from the Negotiators of 8 December 2017 are published and brought into the public domain.

New clause 5—Trade in Services—

“It shall be the objective of Her Majesty’s Government, in negotiating a withdrawal agreement, to secure the same rights, freedoms and access available to UK businesses trading in services as exists through the United Kingdom’s membership of the European Union, as if section 1 of this Act were not brought into effect.”

This new clause would ensure that the negotiating objectives of Ministers would be to secure the same benefits for service sector trading businesses after exit day as are available under the existing Single Market and Customs Union arrangements by virtue of membership of the European Union.

New clause 6—Alteration to the notification under Article 50(2) of the Treaty on the European Union—

“Her Majesty’s Government shall publish a summary of the legal advice it has received in respect of the ability of the United Kingdom to extend, alter or revoke the notification, under Article 50(2) of the Treaty on the European Union, of the United Kingdom’s intention to withdraw from the EU.”

This new clause would require Ministers to place in the public domain a summary of the legal advice they have received concerning the options available for the United Kingdom in respect of the notification made under Article 50 of the Treaty on the European Union.

New clause 10—Governance and institutional arrangements—

“(1) Before exit day a Minister of the Crown must make provision that all powers and functions relating to any right, freedom, or protection, that any person might reasonably expect to exercise, that were exercisable by EU entities or other public authorities anywhere in the United Kingdom before exit day, and which do not cease to have effect as a result of the withdrawal agreement (“relevant powers and functions”) will—

(a) continue to be carried out by an EU entity or public authority;

(b) be carried out by an appropriate existing or newly established entity or public authority in the United Kingdom; or

(c) be carried out by an appropriate international entity or public authority.

(2) For the purposes of this section, relevant powers and functions relating to the UK exercisable by an EU entity or public authority include, but are not limited to—

(a) monitoring and measuring compliance with legal requirements;

(b) reviewing and reporting on compliance with legal requirements;

(c) enforcement of legal requirements;

(d) setting standards or targets;

(e) co-ordinating action;

(f) publicising information.

(3) Responsibility for any functions or obligations arising from retained EU law for which no specific provision has been made immediately after commencement of this Act will belong to the relevant Minister until such a time as specific provision for those functions or obligations has been made.”

This new clause would ensure that substantive rights and protections cannot be removed by the “back door”, and that the institutions and agencies that protect EU derived rights and protections are replaced to a sufficient standard so those rights and protections will still be enjoyed in practice.

New clause 11—Meaningful vote on deal or no deal—

“(1) The Prime Minister must publish and lay before both Houses of Parliament an assessment of the impact on the economy of the United Kingdom, and on each nation, province or region of the United Kingdom, of any unratified agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU.

(2) Any agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU may not be ratified unless—

(a) subsection (1) has been complied with,

(b) the House of Lords has considered a motion relating to the unratified agreement,

(c) the House of Commons has approved the unratified agreement by resolution,

(d) the statute mentioned in section 9 (approving the final terms of withdrawal of the United Kingdom from the European Union) has been passed, and

(e) any other legislative provision to enable ratification has been passed or made.

(3) If no agreement has been reached by 31 December 2018 between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union setting out the arrangements for the United Kingdom’s withdrawal from the EU, the Prime Minister must publish and lay before both Houses of Parliament within one month an assessment of the impact on the economy of the United Kingdom, and on each nation, province or region of the United Kingdom, of leaving the EU under Article 50(3) of the Treaty on European Union without an agreement.

(4) If no agreement has been reached by 31 January 2019 between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union setting out the arrangements for the United Kingdom’s withdrawal from the EU,

(a) a Minister of the Crown must propose a motion in the House of Lords relating to the lack of an agreement, and

(b) a Minister of the Crown must propose a motion in the House of Commons approving the intention of the United Kingdom to leave the EU under Article 50(3) of the Treaty on European Union without a withdrawal agreement.

(5) Unless the House of Commons approves by resolution after 31 January 2019 the intention of the United Kingdom to leave the EU under Article 50(3) of the Treaty on European Union without a withdrawal agreement, the Prime Minister must either—

(a) reach an agreement before exit day between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU, or

(b) request the European Council for an extension of negotiation under Article 50(3) of the Treaty on European Union, or

(c) rescind the notice of intention under Article 50(2) of the Treaty on European Union to withdraw from the EU given in accordance with the European Union (Notice of Withdrawal) Act 2017 and request the European Council to accept that rescission.’

This New Clause would ensure that the Government assesses the impact of either an agreement or no deal on the UK economy and regions before a meaningful vote, and that if Parliament does not agree to the agreement or to no deal, then the Government must request a revocation or extension of Article 50.

New clause 12—Environmental protection after EU exit—

“(1) Before any exit day, the Secretary of State must publish a report detailing all EU environmental protections, powers and functions.

(2) The report pursuant to subsection (1) shall specify—

(a) all environmental legal protections which derive from EU law;

(b) the powers and functions relating to environmental protection or improvement exercised by EU institutions;

(c) the empowering provisions in EU law relating to those functions; and

(d) any loss of environmental protection, or the monitoring and enforcement of environmental protections, which may arise as a result of the UK’s exit from the EU.

(3) Before any exit day the Secretary of State must publish proposals for primary legislation (the “Draft Environmental Protection Bill”).

(4) The Draft Environmental Protection Bill must include provisions which would—

(a) ensure that the level of environmental protection provided by EU law on the day this Act receives Royal Assent is maintained or enhanced;

(b) make provision to remedy any loss of environmental protection, or the monitoring and enforcement of environmental protections, established in the report pursuant to subsection (1);

(c) create a statutory corporation (to be called “the Environmental Protection Agency”) with operational independence from Ministers of the Crown to monitor environmental targets previously set by EU law relating to environmental protection and other such environmental targets that may be set by Ministers of the Crown and international treaties to which the United Kingdom is party;

(d) require the statutory corporation in (4)(c) to report to Parliament every year on progress in meeting those targets and to make recommendations for remedial action where appropriate;

(e) allow the statutory corporation in (4)(c) to publish additional reports identifying action or omissions on the part of Ministers of the Crown that is likely to result in targets not being met; and

(f) extend to the whole of the United Kingdom.

(5) The Secretary of State must publish annual reports to Parliament on how environmental protections and the monitoring and enforcement of environmental protections have been affected by the United Kingdom’s exit from the EU.

(6) Before publishing a report pursuant to subsection (5) the Secretary of State must hold a public consultation on the effect of leaving the EU on environmental protection.

(7) The Secretary of State must publish and lay before each House of Parliament the first report pursuant to subsection (5) no later 29 March 2020 and each subsequent report must be published no later than the period of one year after the publication of the previous report.”

This new clause would require the Secretary of State to produce a report on the loss of environmental protection as a result of the UK’s exit from the EU, and to prepare an Environmental Protection Bill to make up for any loss of environmental protections, and the monitoring and enforcement of environmental protections. It would also require the Secretary of State to produce annual reports which make an assessment of the impact of the UK’s withdrawal from the EU on UK environmental protection.

New clause 14—Maintaining individual rights and protections—

“(1) When making any agreement under subsection (2), the Secretary of State shall take steps to ensure that UK citizens enjoy standards of rights and protections equivalent to those enjoyed by citizens of the EU under EU law.

(2) This section applies to—

(a) any agreement between the United Kingdom and the EU which prepares for, or implements, the UK’s withdrawal from the EU;

(b) any international trade agreement—

(i) between the UK and the EU, or

(ii) between the UK and another signatory which seeks to replicate in full or in part the provisions of an international trade agreement between the EU and the other signatory.

(3) In relation to any agreement under subsection (2), the Secretary of State will maintain the highest standards of transparency.”

This new clause creates a duty for the Government to ensure that individual rights and protections are maintained to a level equivalent to (although not necessarily the same as) those in the EU when making agreements with the EU or international trade agreements.

New clause 15—Non-regression of equality law—

“(1) Any EU withdrawal related legislation must be accompanied by a statement made by a Minister of the Crown certifying that in the Minister‘s opinion the legislation does not remove or reduce protection under or by virtue of the Equality Acts 2006 and 2010.

(2) In subsection (1) “EU withdrawal related legislation” means—

(a) any statutory instrument under this Act;

(b) any statutory instrument made by a Minister of the Crown wholly or partly in connection with the United Kingdom’s withdrawal from the EU; and

(c) any Bill presented to Parliament by a Minister of the Crown which is wholly or partly connected to the United Kingdom’s withdrawal from the EU.”

This new clause would ensure that legislation in connection with withdrawal from the EU does not reduce protections provided by equality law.

New clause 17—Effect of losing access to EU single market and customs union—

“(1) The Prime Minister must publish and lay before both Houses of Parliament an assessment of the impact on the economy of the United Kingdom, and on each nation, province or region of the United Kingdom, of any unratified agreement (“the Agreement”) between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU.

(2) The assessment in subsection (1) must so far as practicable analyse the expected difference in outcomes between the Agreement and continued participation in the EU single market and customs union.

(3) The assessment in subsection (1) must be prepared by the Treasury and must include separate analyses from the National Audit Office, the Office of Budget Responsibility, the Government Actuary’s Department, and the finance directorates of each of the devolved Administrations of the methodology and conclusions of the Treasury assessment.

(4) A statute of the kind mentioned in section 9 (approving the final terms of withdrawal of the United Kingdom from the European Union) may not come into effect until the Prime Minister’s assessment under subsection (1) has been—

(a) debated by each House of Parliament, and

(b) approved by resolution of the House of Commons.”

This purpose of this New Clause is to ensure that the alternative of remaining in the EU single market and customs union is formally considered by Parliament on the basis of an independently validated economic assessment before any statute approving the final terms of withdrawal takes effect.

New clause 18—Consultation on environmental governance and principles—

“(1) Within one month of Royal Assent, the Secretary of State must consult on and bring forward proposals to—

(a) provide that all powers and functions relating to the environment or environmental protection that were exercisable by EU entities or other public authorities anywhere in the United Kingdom before exit day which do not cease to have effect as a result of the withdrawal agreement are fully carried out.

(b) introduce primary legislation to establish a new independent environmental regulator with the purpose of, responsibility for, and appropriate powers to oversee the implementation of, compliance with and enforcement of environmental law and principles by relevant public authorities.

(c) incorporate EU environmental principles in primary legislation as a basis for relevant decision-making by UK public bodies and public authorities.

(d) establish a process for the publication of a national environmental policy statement or statements describing how the environmental principles will be interpreted and applied.

(2) EU Environmental principles include but are not limited to—

(a) the precautionary principle;

(b) the principle that preventive action should be taken to avert environmental damage;

(c) the principle that environmental damage should as a priority be rectified at source;

(d) the polluter pays principle;

(e) the principle that environmental protection requirements must be integrated into the definition and implementation of policies and activities, in particular with a view to promoting sustainable development;

(3) In carrying out a consultation under this section, the Government must—

(a) consult with the devolved authorities;

(b) be open to responses for at least two months; and

(c) consider the resources and legal powers that the proposed regulator under (1)(b) will need in order to properly carry out its functions.”

This new clause enshrines the Government’s stated intentions in respect of the environmental principles and the establishment of a new independent environmental regulator. It sets out the minimum standards for consultation on these matters.

New clause 20—Citizens’ Jury on Brexit Negotiations—

“(1) A citizens’ jury shall be established to enable UK citizens to be consulted on the progress of negotiations between the UK and the EU on the withdrawal of the UK from the EU, and the approach outlined in UK Government White Papers.

(2) The citizens’ jury shall in total be composed of exactly 1501 persons.

(3) Members of the citizens’ jury shall be randomly selected by means of eligibility from UK citizens on the current electoral register as registered on the date of this Act receiving royal assent, with allocation across the 9 UK Government Regions, Scotland, Wales and Northern Ireland weighted by population, and a stratification plan, with the aim of securing a group of people who are broadly representative demographically of the UK electorate across characteristics including whether they voted Leave or Remain.

(4) The jury will be broken down into individual sittings for each of the 9 UK Government Regions in England, as well as Scotland, Wales and Northern Ireland.

(5) The sittings will be for no more than 72 hours at a time, facilitated by independent facilitators, and if required, by electing fore-people from within their number.

(6) Membership of the jury will be subject to the same regulations and exceptions as a regular jury, but membership can be declined without penalty.

(7) The citizens’ jury will be able to require Ministerial and official representatives of the UK Government and the Devolved Administrations to give testimony to them to inform their work, and to have the power to invite other witnesses to give evidence as required.

(8) The citizens’ jury shall publish reports setting out their conclusions on the negotiations and UK Government White Papers.

(9) The first report from the citizens’ jury shall be published within two months of this Act receiving Royal Assent, and subsequent reports shall be published at intervals of no more than two months.

(10) Costs incurred by the citizens’ jury shall be met by the Exchequer.”

New clause 21—Environmental protection and improvement: continuation of powers and functions—

“(1) The Secretary of State must establish and maintain a publicly accessible register of EU environmental powers and functions.

(2) The register produced pursuant to subsection (1) shall specify—

(a) the specific powers and functions relating to environmental protection or improvement exercised by EU institutions;

(b) the EU institution previously responsible for exercising those powers and functions; and

(c) the empowering provision in EU law relating to those powers and functions.

(3) The register produced pursuant to subsection (1) shall include the following functions—

(a) monitoring and measuring compliance with legal requirements;

(b) reviewing and reporting on compliance with legal requirements;

(c) enforcement of legal requirements;

(d) setting standards or targets;

(e) co-ordinating action; and

(f) publicising information including regarding compliance with environmental standards.

(4) Within one month of Royal Assent, the Secretary of State must—

(a) publish and lay before Parliament a statement identifying those powers and functions identified in the public register established under subsection (1) that will continue to be exercised by EU institutions or, alternatively, the existing or proposed new public authorities to which these powers and functions will be transferred; and

(b) make Regulations containing provisions to ensure that all relevant powers and functions relating to environmental protection or improvement exercisable by EU institutions anywhere in the United Kingdom before exit day continue on and after exit day.”

This new clause would ensure oversight of the transfer of functions from EU institutions to domestic institutions, by requiring the Government to establish a publicly accessible register of environmental governance functions and powers exercised by EU institutions, and to make regulations that ensure that all relevant environmental powers and functions are continued.

New clause 22—Dealing with deficiencies arising from withdrawal – further provisions—

“(1) This section applies where there is a deficiency in retained EU law on and after exit day in respect of which regulations have not been made under section 7.

(2) A deficiency includes, but is not limited to, retained EU law which—

(a) contains anything which has no practical application in relation to the United Kingdom or any part of it or is otherwise redundant or substantially redundant;

(b) confers functions on, or in relation to, EU entities which no longer have functions in that respect under EU law in relation to the United Kingdom or any part of it;

(c) makes provision for, or in connection with, reciprocal arrangements between—

(i) the United Kingdom or any part of it or a public authority in the United Kingdom, and

(ii) the EU, an EU entity, a member State or a public authority in a member State,

which no longer exist or are no longer appropriate.

(d) makes provision for, or in connection with, other arrangements which—

(i) involve the EU, an EU entity, a member State or a public authority in a member State, or

(ii) are otherwise dependent upon the United Kingdom’s membership of the EU,

and which no longer exist or are no longer appropriate

(e) makes provision for, or in connection with, any reciprocal or other arrangements not falling within paragraph (c) or (d) which no longer exist, or are no longer appropriate, as a result of the United Kingdom ceasing to be a party to any of the EU Treaties,

(f) does not contain any functions or restrictions which—

(i) were in an EU directive and in force immediately before exit day (including any power to make EU tertiary legislation), and

(ii) it is appropriate to retain, or

(g) contains EU references which are no longer appropriate.

(3) A deficiency within the meaning of subsection (1) includes any failure or other deficiency arising from the United Kingdom’s withdrawal from the EU together with the operation of any provision, or the interaction between any provisions, made by or under this Act, but does not include any modification of EU law which is adopted or notified, comes into force or applies only on or after exit day.

(4) Where this section applies, the retained EU law in respect of which the deficiency arises is to be interpreted in accordance with subsections (5) to (9).

(5) The retained EU law does not allow, prevent, require or otherwise apply to acts or omissions outside the United Kingdom.

(6) An EU reference is not to be treated, by reason of the UK having ceased to be a member State, as preventing or restricting the application of retained EU law within the United Kingdom or to persons or things associated with the United Kingdom.

(7) Functions conferred on the EU or an EU entity are to be treated as functions of the Secretary of State.

(8) Any provision which requires or would, apart from subsection (7), require a UK body to—

(a) consult, notify, co-operate with, or perform any other act in relation to an EU body, or

(b) take account of an EU interest,

is to be treated as empowering the UK body to do so in such manner and to such extent as it considers appropriate.

(9) In subsection (8)—

“a UK body” means the United Kingdom or a public authority in the United Kingdom;

“an EU body” means the EU, an EU entity (other than the European Court), a member State or a public authority in a member State;

“an EU interest” means an interest of an EU body or any other interest principally arising in or connected with the EU (including that of consistency between the United Kingdom and the EU);

“requires” includes reference to a pre-condition to the exercise of any power, right or function;

(10) This section ceases to have effect after the end of the period of two years beginning with exit day.”

This new clause provides a scheme for interpretation as a backstop where the transposition necessary to avoid deficiencies has not been effected by regulations made under Clause 7.

Amendment 2, in clause 7, page 5, line 6, leave out subsections (1) to (6) and insert—

“(1) A Minister of the Crown may by regulations make such provision as the Minister considers necessary to prevent, remedy or mitigate—

(a) any failure of retained EU law to operate effectively, or

(b) any other deficiency in retained EU law,

arising from the withdrawal of the United Kingdom from the EU.

(2) Deficiencies in retained EU law are where the Minister considers that retained EU law—

(a) contains anything which has no practical application in relation to the United Kingdom or any part of it or is otherwise redundant or substantially redundant,

(b) confers functions on, or in relation to, EU entities which no longer have functions in that respect under EU law in relation to the United Kingdom or any part of it,

(c) makes provision for, or in connection with, reciprocal arrangements between—

(i) the United Kingdom or any part of it or a public authority in the United Kingdom, and

(ii) the EU, an EU entity, a member State or a public authority in a member State, which no longer exist or are no longer appropriate,

(d) makes provision for, or in connection with, other arrangements which—

(i) involve the EU, an EU entity, a member State or a public authority in a member State, or

(ii) are otherwise dependent upon the United Kingdom’s membership of the EU, and which no longer exist or are no longer appropriate,

(e) makes provision for, or in connection with, any reciprocal or other arrangements not falling within paragraph (c) or (d) which no longer exist, or are no longer appropriate, as a result of the United Kingdom ceasing to be a party to any of the EU Treaties,

(f) does not contain any functions or restrictions which—

(i) were in an EU directive and in force immediately before exit day (including any power to make EU tertiary legislation), and

(ii) it is appropriate to retain, or

(g) contains EU references which are no longer appropriate.

(3) But retained EU law is not deficient merely because it does not contain any modification of EU law which is adopted or notified, comes into force or only applies on or after exit day.

(4) Regulations under this section may make any provision that could be made by an Act of Parliament.

(5) Regulations under this section may provide for—

(a) functions of EU entities or public authorities in member States (including making an instrument of a legislative character or providing funding) to be exercisable instead by a public authority (whether or not newly established or established for the purpose) in the United Kingdom,

(b) the establishment of public authorities in the United Kingdom to carry out functions provided for by regulations under this section.

(6) Regulations to which subsection (5) apply must ensure that the functions of such EU entities or public authorities are exercised with equivalent scope, purpose and effect by public authorities in the United Kingdom.

(7) But regulations under this section may not—

(a) impose or increase taxation,

(b) make retrospective provision,

(c) create a relevant criminal offence,

(d) be made to implement the withdrawal agreement,

(e) amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it,

(f) amend or repeal the Northern Ireland Act 1998 (unless the regulations are made by virtue of paragraph 13(b) of Schedule 7 to this Act or are amending or repealing paragraph 38 of Schedule 3 to the Northern Ireland Act 1998 or any provision of that Act which modifies another enactment),

(g) contain any provision the effect of which is that, in comparison with the position immediately before the exit date—

(i) any right conferred on a person by retained EU law is either removed or made less favourable,

(ii) any standard laid by retained EU law is lowered, or

(iii) any remedy, procedure or method of enforcement, in relation to any rights or standards conferred by retained EU law, is made less effective, or

(h) amend, repeal or revoke the Equality Act 2010 or any subordinate legislation made under that Act.”

This amendment restricts the Clause 7 powers so as to ensure they are only used as far is as necessary for the purposes of the Bill, that they do not abolish enforcement functions and that they do not reduce rights or protections.

Amendment 9, page 6, line 16, at end insert—

“(da) amend, repeal or revoke any retained EU law which implements a provision listed in Schedule [Exceptions for Directives etc.].”

This amendment, which is linked to NS1, would except EU Directives relating to workers’ rights from the power to make regulations to remedy deficiencies in retained EU law.

Amendment 56, page 6, line 23, at end insert—

“(6A) Within three months of this Act receiving Royal Assent, and every three months thereafter, a report must be laid before each House of Parliament listing—

(a) all deficiencies which Ministers of the Crown have identified would arise in retained EU law after exit day but which they do not intend to prevent, remedy or mitigate in advance using the powers under subsection (1);

(b) the reasons for each decision not to prevent, remedy or mitigate such deficiencies, and

(c) an assessment of the consequences of that decision.”

This amendment (linked with Amendment 55 provides for Parliamentary scrutiny of any decision not to use clause 7 powers to save retained EU law from being unable to operate effectively.

Amendment 59, in clause 9, page 7, line 16, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has signed an agreement with the European Union guaranteeing that the United Kingdom will remain a permanent member of the EU single market and customs union.”

This amendment would mean the UK would confirm its continued membership of the single market and customs union before Ministers of the Crown carry out any actions under Clause 9 of the Bill.

Amendment 10, in clause 14, page 10, line 40, leave out from “means” to the end of line 41 and insert

“the time specified by an Act of Parliament approving the final terms of withdrawal of the United Kingdom from the EU;”.

This amendment would require exit day to be specified in a separate bill on the terms of withdrawal.

Amendment 39, page 11, line 37, at end insert

“and the arrangements for a status quo transitional period which encompasses—

(a) a “bridging period” to allow new agreements to be reached satisfactorily between the United Kingdom and the European Union lasting as long as necessary for a full trade agreement to be ratified, and

(b) an “adaptation period” to allow the phasing in of new requirements over time to provide for the implementation of changes to new agreements in an orderly and efficient manner.”

This amendment ensures that the meaning of “withdrawal agreement” is also taken to include a detailed transitional period with two distinct aspects, firstly allowing for a “bridging period” during which new agreements are concluded and secondly allowing for an “adaptation period” to give business and other organisations a period to adjust to those new arrangements.

Amendment 1, page 11, line 40, at end insert—

“(2A) Subsection (2B) applies if any “exit day” appointed in this Act is not in accordance with any transitional arrangements agreed under Article 50 of the Treaty of the European Union.

(2B) A Minister of the Crown may by regulations—

(a) amend the definition of “exit day” in the relevant sections to ensure that the day and time specified are in accordance with any transitional arrangements agreed under Article 50 of the Treaty of the European Union, and

(b) amend subsection (2) in consequence of any such amendment.

(2C) Regulations under subsection (2B) are subject to the affirmative procedure.”

This amendment ensures that the Bill can facilitate transitional arrangements within the single market and customs union.

New schedule 1—Exceptions for directives etc.—

[Matthew Pennycook]

I rise to speak to new clause 1 and amendments 2 and 1, which stand in my name and those of my right hon. and hon. Friends. As you are aware, Mr Speaker, this remaining group contains a significant number of important issues, and while I want to spend time talking to each of our three amendments, I am conscious that time is limited, so I will endeavour to keep my remarks as brief as possible.

As my hon. Friend the Member for Sheffield Central (Paul Blomfield) reminded the House yesterday, as far back as last March the Opposition set out six ways in which the Bill required improvement. The first was that it be drafted in such a way as to enable transitional arrangements after 29 March 2019 on the same basic terms as now—including being in a customs union with the EU and within the single market. The second was that the sweeping delegated powers in the Bill be circumscribed. The third was that it needed to contain clear and robust protection and enforcement mechanisms for all EU-derived rights, entitlements, protections and standards. Sadly, despite some small steps in the right direction, the Government have largely failed to respond in any meaningful way to the concerns we raised in relation to these three areas. The purpose of new clause 1 and amendments 2 and 1 is to press the Government once again to do something about each of them.

I turn first to new clause 1, the purpose of which is to ensure that retained EU law enjoys a form of enhanced protection from subordinate legislation contained in other Acts of Parliament. This is a highly technical matter but a crucial one for the rights and protections our constituents enjoy. Mr Speaker, you were not in the Chamber at the time, but hon. Members who were present will recall that the House debated clauses 2, 3 and 4 in great detail on day two of Committee, and I certainly do not intend to cover the same ground again today. As we heard again yesterday, however, there are very real problems that flow from the ambiguous and uncertain status of retained EU law—a problem to which we believe new clause 13, tabled by the right hon. and learned Member for Beaconsfield (Mr Grieve), provides a pragmatic solution, or at the very least a sensible starting point for a conversation about how the status of this new category of law could be more clearly defined.

Leaving to one side the issues relating to the status of retained EU law—issues that I have no doubt the other place will return to at some length—there is another, related concern, and that is the vulnerability of this new category of law to subordinate legislation and what that means in practical terms for the rights, entitlements, protections and standards our constituents currently enjoy. I want to be very clear as to the argument I am making at this point, because when I first did so on day two of Committee, the debate was prone to veer off on to other related but distinct issues.

The concern I am highlighting does not relate to the issue of how Parliament is to scrutinise and, where necessary, approve the hundreds of statutory instruments that will flow from clause 7, as well as clauses 8, 9 and 17. We welcomed the Government’s acceptance of the amendments tabled by the hon. Member for Broxbourne (Mr Walker) and other members of the Procedure Committee, although we still believe that they do not go far enough, particularly in relation to the new sifting committee’s inability to request that Ministers revoke and remake specific statutory instruments.

Nor does the argument that I am advancing concern how the powers contained in this Bill might be used to amend, modify or repeal retained EU law. The specific issue that I am highlighting, and what new clause 1 seeks to address, is our serious concern that the Bill as drafted leaves retained EU law vulnerable to amendment, modification or repeal by subordinate legislation contained in numerous other Acts of Parliament.

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[Several hon. Members rose—]

[Mr Speaker]

Has the right hon. and learned Gentleman concluded his speech?

[Mr Clarke]

I have, and everybody still seems to be awake!

[Mr Speaker]

Everybody is awake; we have been listening to the right hon. and learned Gentleman with rapt attention.

[Mr Chris Leslie (Nottingham East) (Lab/Co-op)]

I congratulate the right hon. and learned Member for Rushcliffe (Mr Clarke) on warming up the debate so well. In a way, Mr Speaker, I feel sorry for you in the Chair, because it is perfectly ridiculous that the programme order is such that we have to conclude our series of debates at 4.30 pm when so many issues have not been properly aired on Report. I said that during yesterday’s debate on the programme motion, and I hope that Members in the other place will bear that in mind when they consider the Bill.

I tabled amendments on six issues that I did not think had been adequately covered in Committee. Being a dutiful Member, I felt it my responsibility to table amendments to cover those issues, but I must rush through them, because otherwise I will not exactly be flavour of the month with many of my colleagues.

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[Several hon. Members rose—]

[Mr Speaker]

Order. A considerable number of Members are seeking to catch my eye, and colleagues will be conscious that these proceedings must conclude at 4.30 and that it is reasonable to allow the Minister some considerable time to respond to the points made. Therefore, a certain self-denying ordinance is required if I am to enable everybody to contribute. The hon. Member for Glenrothes (Peter Grant) speaks for his party from the Front Bench and, of course, must be afforded a decent opportunity, but I know that he will want to tailor his contribution to take account of the interests of others.

[Peter Grant]

With the consent of the House, I rise to speak to amendment 59 in the name of my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) and other right hon. and hon. Members, and to amendments 9 and 56 and new schedule 1.

Before I speak in more detail about amendment 59, may I commend the hon. Member for Nottingham East (Mr Leslie) for the amendments that he submitted? What he has done is to remind us of what a complete sham this entire process has been. Almost 90% to 95% of the way through these eight hours of debate, the Government who had promised, day after day after day, to listen to the debate and to take appropriate effective action still have not corrected some of the glaring deficiencies in their own Bill, the most serious of which, perhaps, is the fact that we still do not have any statutory guarantee that the Northern Ireland peace process, the Belfast agreement and all that that implies, will be protected in law. If the Government cannot be trusted to bring forward amendments to correct such a desperate deficiency in their own legislation, how can they expect this House to trust them with the draconian and unprecedented powers to use ministerial directive to correct deficiencies in domestic legislation after we have left?

Amendment 59 seeks to ensure that the withdrawal agreement can only be implemented when we also have an agreement to remain in the EU single market and customs union. Let us be honest: everybody knows that, on a free vote of this House, there would be a substantial majority in favour of remaining in the single market and the customs union. My plea this evening will be for all of those who know that that is in the best interests of their constituents to set aside the demands of the party Whips and to go through the Lobby in support of this amendment. We can win this vote this evening if all those who know that it deserves to win are able to set aside the demands of the Whips and vote for it. We can take a decision tonight that will keep us away from the cliff edge, not just for two years but for very much longer.

I am very grateful to colleagues from the Liberal Democrats, Plaid Cymru and the Green party who have signed this amendment. Although there have been no signatures from Labour Members, either from the Front Bench or the Back Benches, I appeal to all of them to support this amendment today.

Let me first deal with the question of the constitutional or democratic legitimacy of the amendment. One of the very disturbing aspects of the referendum debate, which has continued all the way through the process since then, has been the degree of hostility and open hatred that has been created against anyone who speaks, or even thinks, against the wisdom of the Government, the newspaper editor, the blogger or whoever. I have a good bad example: just a day or two ago, a group of MPs who had the temerity to go over to Europe to meet Michel Barnier were denounced as traitors—treachery with a smiling face—by one well known bloggist. Apart from the fact that such inflammatory and violent language has no place in any supposedly respectful debate, I want to remind the House of some facts of our membership of the single market—facts that I appreciate will be very uncomfortable to some Members, but that are still utterly incontrovertible.

It is a matter of fact that the people of the United Kingdom have never voted in a referendum about membership of the single market or the customs union. This House had the opportunity when the European Union Referendum Bill was on its way through Parliament. We could have decided to ask questions about the customs union and the single market, but the House and the Government chose not to. Having chosen not to ask the question, none of us—including me—has any right to decide that we know what the answer would have been.

It is a matter of fact that it is possible to be in the single market and the customs union without being a member of the European Union. Hon. Members will have different views as to whether it would be wise, appropriate or in our best interests to do so, and they have every right to debate the benefits of membership of the single market and the customs union. But anyone who insists that it cannot happen is not engaging in debate; they are engaging in fiction. We have had far too much fiction in this debate already—from both sides, it has to be said—as the right hon. and learned Member for Rushcliffe (Mr Clarke) mentioned earlier. The decision to leave the single market was a unilateral political decision taken by the Prime Minister without any prior consultation with the people or with Parliament. It cannot, under any circumstances, be described as an inevitable consequence of the vote to leave the European Union.

Finally, it is a matter of fact that when the Conservative party fought on a manifesto that said it wanted to stay in the single market, it won an overall majority of seats in this place—the only time in the last 25 years that it has managed such an achievement. It is also a fact that the Conservatives lost that overall majority two years later, when they stood on a manifesto saying that they wanted to take us out of the single market. Nobody can claim that that is clear evidence of a popular democratic mandate to stay in the single market, but it certainly blows to smithereens any nonsense that there is any mandate for us to leave.

I am conscious of the need for brevity from me as well as from others, so I will not go into the full and detailed argument for staying in the single market, as that would take us from now to Brexit day, if not beyond. However, the right hon. and learned Member for Rushcliffe referred to the latest analysis produced by the Scottish Government, entitled “Scotland’s Place in Europe: People, Jobs and Investment”. I certainly accept his caveats that we cannot be sure that the forecasts and projections in it are accurate. They are certainly not intended to be precise or definitive.

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[Mr Baker]

I am grateful to my hon. Friend for the case that he has made. The Government are well apprised of the issue that he has brought to the House. It is absolutely right that we respect and uphold parliamentary sovereignty—

[Mr Speaker]

Order. Before the hon. Gentleman continues, I had—I will not say revelled in the expectation, but had been taking quiet satisfaction in the expectation, that the hon. Member for Stone (Sir William Cash) had in fact completed his speech.

[Sir William Cash]

I was completing my speech by inviting the intervention that my hon. Friend is now making.

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[Mr Speaker]

That is a moderately eccentric way in which to proceed, but we will allow a brief intervention—and a very brief response, I hope.

[Mr Baker]

That is why in the Bill we treat retained direct EU legislation as primary legislation for the purposes of the Human Rights Act, and why we have taken the approach we have to challenges based on the general principles. Bearing in mind what my hon. Friend has said—and, indeed, what my right hon. Friend the Member for Clwyd West (Mr Jones) has said—and the view of the Select Committee, which he has just set out, we will of course listen carefully to him and his Committee, and the other individuals he has mentioned, as the Bill continues its passage.

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[Several hon. Members rose—]

[Mr Speaker]

Order. On my reckoning, about 12 people want to speak. I advise the House that it is reasonable for the Minister to have at least 20 minutes to reply to the various points that have been made—[Interruption.] Someone chunters from a sedentary position, “No more.” The Minister should certainly be allowed 20 minutes, and Members can do the arithmetic for themselves. I am encouraged, as I call possibly the most courteous Member of the House of Commons, Mr Dominic Grieve.

[Mr Grieve]

Thank you, Mr Speaker. I shall endeavour to practise courtesy by act rather than by anything else, in being brief.

It is a pleasure again to participate in this afternoon’s debate, which is wide-ranging and has moved away from the rather narrow focus of some of the perfectly sensible amendments that have been tabled and that are designed to explore the undoubted deficiencies in the legislation; for example, the Opposition have put forward sensible proposals in new clause 1. Those are matters that we have looked at for a considerable number of days.

I wanted to focus on an issue that has arisen this afternoon and is a particular concern to me. In doing so I do not want to repeat what my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) said. I agree with every word he said, and there is no point in my saying it again. There is a separate angle, however, on which we might pause and reflect. New clause 17 raises the issue of whether we should have continued participation in the single market and customs union.

If we look at the Bill as drafted and at its original intention, particularly now that the pernicious effects of clause 9 have been removed, we can see that it is about the legal order of the United Kingdom after we have left with no deal at all. So an argument can be made that this legislation is perhaps not the most satisfactory place to try to bring in the single market and customs union. However, that raises an entirely legitimate issue. Ultimately, as we trundle on with the legislation it becomes more and more apparent how different it is from the Government’s intention regarding the end product that they want the country to enjoy.

The Prime Minister set out her vision in the Lancaster House and Florence speeches. As I have said before, but it is worth repeating, if she succeeded in achieving everything that she set out, there might well be broad consensus in the House, because we would lose those aspects of EU membership that we do not like and at the same time we would retain all the benefits of EU membership that we—or at least many of us, the vast majority of hon. Members—consider desirable.

The truth is that most of us—again, I suspect—in the House know that that is unlikely to be achieved. We are asking our EU partners to engage in the bending of the rules of the legal order, which is not something that can be readily obtained. We started out on this negotiation with a major fallacy: the EU can somehow be twisted around from matters of self-interest into entirely changing its nature. In fact, it is an international treaty organisation underpinned by law: that is what it is. Having visited Brussels on Monday, it was brought home to me—I already knew it—very clearly that that is indeed the nature of the entity with which we are dealing. Unless we are realistic about that we cannot hope to secure a reasonable outcome to our negotiations.

What troubles me particularly is the timing of all this. The reality is that the EU, for very good reasons, wants order. It is a legal order, and it wishes order to exist, even when countries are leaving it. The point was made to us that ultimately it would negotiate according to our red lines and, if we decide to put red lines down that make it impossible to reach the sort of agreement that the Prime Minister wants, we will not secure that agreement—it is very simple. On top of that—I would like to add this point to the one made by my right hon. and learned Friend the Member for Rushcliffe—all of this is likely to come to a head at a very late stage indeed for rational judgments by the House about what is in the national interest.

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[Several hon. Members rose—]

[Mr Speaker]

Order. I think there are still about 10 if not 11 Members seeking to catch my eye. If each Member could speak for three minutes or so, everybody would get in. If that is not possible, so be it, but Members can do the arithmetic for themselves. Perhaps we can start with a very good example from Mr Derek Thomas.

[Derek Thomas (St Ives) (Con)]

Thank you, Mr Speaker; I will keep my comments brief. I rise to oppose new clause 2 for the following reasons. By seeking full, comprehensive and sufficiently detailed agreements on several aspects of the future relationship between Britain and the EU, it ties the hand of Government. I am not sure that that is any way to negotiate future trading agreements. Furthermore, the new clause is impractical and inconsistent with article 50, for which the vast majority of this House voted last March.

The EU (Withdrawal) Bill is intended to ensure that EU legislation is transferred into UK law to deliver for the UK a smooth exit from membership of the EU next year, which I am sure we all hope for. Future trade agreements are a separate matter, and they will determine our future trading relationships throughout the world. I commend to the House the “Britain is GREAT” campaign, which is designed to open up a host of trading opportunities once we have left the EU.

Despite the comprehensive list of priorities—a total of 35—on which those who support the new clause want detailed agreements, the issues that concern my constituency are largely ignored. I am not willing to support the new clause, but I call on the Minister to commit, at an early stage, to a strategy that incorporates the economic and social cohesion principles derived from article 174 of the treaty on the functioning of the European Union. That is important for regions across the UK, including the county of Cornwall, so that we can have confidence that future support will be maintained for areas with high levels of deprivation, rural and island areas, areas affected by industrial transition, and regions that suffer from severe and permanent natural or demographic handicaps.

Brexit offers opportunities to further reduce inequalities between communities and regional disparities in development. Cornwall and Scilly has received considerable EU funding, but not every penny has been spent as intended. The region must be given far greater power over its own destiny and prosperity, and that is what the 2015 Cornwall devolution deal was intended to achieve. Work continues on thrashing out the detail so that Cornwall and Scilly has every tool needed to create a vibrant and successful economy, where wealth is shared across our population.

I do not believe that serious thinkers in Cornwall and Scilly believe that structural funding support of the sort that has been enjoyed, such as EU regional development funds and EU structural funds, continuing indefinitely is in our best interest; nor was it anticipated that Cornwall would be in receipt of the money even if the British people had voted in June 2016 to remain in the EU. Cornwall and Scilly and other areas across the UK need investment to create the infrastructure, jobs and skills that will assist long-standing pockets of deprivation, and an environment that offers opportunities and life chances to everyone, whatever their age or ability.

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[Several hon. Members rose—]

[Mr Speaker]

Order. The pressure for brevity is growing. I call Mr Ian Murray.

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[Martin Whitfield (East Lothian) (Lab)]

Will my hon. Friend give way?

[Mr Speaker]

Has the hon. Gentleman completed his speech?

[Ian Murray]

I have.

[Mr Speaker]

We are grateful to him. I call Chuka Umunna.

[Chuka Umunna]

I will be as brief as I can. I rise to speak in support of new clause 6 on the legal standing of article 50. I voted in the last Parliament to invoke article 50 because I believed it was the duty of the House to seek to deliver Brexit in the form in which it was sold to the British people, but it was conditional on it being in that form. I said that if it turned out to be materially different at the end of the process, the people would be entitled to keep an open mind on what should then happen. By that I meant they were entitled to halt the process and revoke the article 50 notification given by the Prime Minister to the President of the European Council, if that was what the people decided to do.

The core purpose of new clause 6 is to clear up this matter. On the issue of revocability—halting the process or extending article 50—Ministers have sought deliberately to pull the wool over the eyes not just of this House but of the people. They have given the misleading impression that legally we are not free to keep an open mind and that we cannot revoke article 50 if we so wish. For example, on 9 October 2017, when my right hon. Friend the Member for Exeter (Mr Bradshaw) asked the Prime Minister if it was possible to halt the article 50 process, she implied that it was not and said:

“The position was made clear in a case that went through the Supreme Court in relation to article 50.”—[Official Report, 9 October 2017; Vol. 629, c. 51.]

But it was not. The case she was referring to was brought by Gina Miller to stop this Government seeking to take back control for Ministers instead of for Parliament, as was intended.

The Prime Minster was pressed again on the same day by my right hon. Friend the Member for Wolverhampton South East (Mr McFadden) and my hon. Friend the Member for Nottingham East (Mr Leslie) and each time gave a similar response. This gave a completely false impression of the reality, because what she said was not factually correct. The Supreme Court did not and has not opined on this issue in the Miller or any other case before it, though the author of article 50, the noble Lord Kerr, has made it clear that it may be revoked.

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[Several hon. Members rose—]

[Mr Speaker]

Order. A lot of people still want to speak, and there is very little time for them to do so. A three-minute time limit should be quite sufficient.

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[Geraint Davies]

This Bill is essentially about cutting and pasting the laws, protections and rights of the EU into British law, and the fundamental problems are that clause 9 gives sweeping powers to Ministers to strike out those laws, protections and rights and, quite simply, that we do not have the institutions to enforce those rights. In essence, new clauses 10 and 14 would ensure institutions are in place to enforce those individual, consumer, environmental and workers’ rights and protections.

The European Food Safety Authority, which responded to the horsemeat scandal, or similar agencies should be in place to prevent genetically modified, hormone-impregnated or antibiotic-impregnated meat, and so on, from coming from America. The European Chemicals Agency is charged with protecting us through REACH—the regulation, evaluation, authorisation and restriction of chemicals regulation—which prevents, for example, asbestos from being sold here when they can be sold in America. The European Environment Agency underpins our air quality and is taking the British Government to court. It has delivered blue flag beaches instead of low-tar beaches, and it is involved in ensuring biodiversity, etc. Euratom regulates nuclear power and research across Europe, including Britain. The European Medicines Agency ensures Britain can develop and sell drugs across Europe.

It is critical that institutions are in place to continue those processes, yet the White Paper said, for example, that protected habitats will continue without enforcement agencies after Brexit. In other words, we do not know there will be a guarantee that institutions will be in place to enforce the rights and protections we currently enjoy, which is why new clauses 10 and 14 are important.

We also know that Britain does not have the ready capacity to enforce rights and protections in the way those big institutions do. Enforcement would basically mean fining ourselves for not fulfilling air quality standards, which is meaningless.

New clause 14 essentially says that those rights and protections should also be instilled in new trade agreements, which the Government are hurtling ahead in agreeing in secret. Such rights and protections should therefore be frontloaded, so that people can be secure in the knowledge that Ministers will not sign off agreements that are perhaps in breach of domestic law and that will then be imposed by arbitration courts, whether through investor-state dispute settlements or through the investment court system.

[Mr Speaker]

Order. My gratitude to the hon. Gentleman is almost infinite, but I think he is concluding his peroration.

[Geraint Davies]

I am. I urge people to support new clause 14.

[Several hon. Members rose—]

[Mr Speaker]

Order. The Minister must be called no later than 10 past 4. Colleagues can work things out for themselves. I am not sure they will all get in.

[Matt Western (Warwick and Leamington) (Lab)]

I wish to speak to new clause 17. We have learned several things in recent weeks. First, that the red lines set by the Prime Minister will handicap us in our negotiations; secondly, that those same red lines have removed important options from the table; and, thirdly, that the Government have not felt it necessary to do comprehensive qualitative and quantitative assessments on the implications of leaving. That is extraordinary. No large business, certainly no multinational business, would leave a market and abandon its investment in that market without fully evaluating the commercial and reputational consequences, but for this Government that lack of process is somehow acceptable. What new clause 17 offers, correctly, is a framework to properly evaluate the deal and arrangements proposed by the Government, so ensuring both transparency and a full public understanding, by area, of the consequences of leaving. That is why I support new clause 17.

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[Mr Speaker]

Well done.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

I would rather be speaking on whether or not we should be leaving the EU. The more I hear, the more I fear the UK is heading over a cliff and on to rocks far below. Like everyone here, however, I am speaking on the specifics of how the UK withdraws from the EU, if withdrawal is to go ahead. I support new clauses 12 and 21, and others that seek to preserve our environmental protections and legislation. I particularly support new clause 12, which stands in the name of my hon. Friend the Member for Wakefield (Mary Creagh) and would require the Government to report on the “loss of environmental protection” as a result of leaving the EU and to introduce a new environmental protection Bill.

The Government have kept trying to reassure Parliament and the British people that Brexit will mean that EU law will be seamlessly merged in UK law and that we do not need to worry. Not only do I not believe that to be true, but I am concerned about the Government’s lack of urgency on taking sufficient legislative action before March 2019. We are still awaiting the long-promised policy statement on environmental principles which will underpin future environmental policy making. There will then be wide consultation, but even that will not be on the actual policies; it will just

“explore the scope and content of a new statement on environmental principles.”

That suggests there is a lot of law up for grabs and no sense of urgency.

On air quality, which matters greatly to my constituents, the Government are dragging their feet. The London Mayor, Hounslow Council and many other councils are using their limited powers to improve air quality, but there is only so much they can do. The Mayor has made it very clear that the UK will not bring pollution levels into line with existing EU air quality laws without serious and urgent action by the Government. But instead of this, the Government are using taxpayers’ money to defend themselves against yet another legal challenge by ClientEarth over illegal levels of air pollution in the UK and they have launched an environment plan that is weak to say the least. Given this lack of proven commitment to bringing the UK into compliance with even one aspect of existing EU environment standards, I have little faith that Brexit will mean anything other than an undermining of many protections and improvements that the EU has brought us to date. That is why I urge this House to support many of these amendments, particularly new clauses 12 and 21, and any others that protect our environmental rights and protections, which I, my constituents and many of us hold so dear.

[Mr Speaker]

To speak very briefly, for 20 seconds, I call Chris Stephens.

[Chris Stephens]

I hope the Government will consider workplace protections in the Bill, because many of us do not trust the Government in that regard.

[Mr Speaker]

Very well done. I am immensely grateful to the hon. Gentleman, who was even briefer than I expected. The Minister has just under 20 minutes to reply.

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[Mr Kenneth Clarke]

Well, would my hon. Friend give way? [Laughter.]

[Mr Speaker]

The Minister is hearing voices!

[Mr Clarke]

Voices of inspiration, I trust.

My hon. Friend mentioned the withdrawal Bill several times. Am I right—to be absolutely clear—that the withdrawal Bill will come forward and be considered, and probably approved, by this House before any withdrawal agreement is ratified, that we will not be presented with a Bill to implement an agreement that is already binding on the United Kingdom, but that actually the Government will not ratify any agreements until the House of Commons has first given its support and approval?

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16:47

Division 97

Ayes: 298

---

Labour: 243
Scottish National Party: 35
Liberal Democrat: 10
Plaid Cymru: 4
Independent: 4
Green Party: 1

Noes: 322

---

Conservative: 308
Democratic Unionist Party: 10
Labour: 3

[Mr Speaker]

I call Tom Brake to move new clause 11 formally.

[Tom Brake]

And enthusiastically.

New Clause 11

Meaningful vote on deal or no deal

“(1) The Prime Minister must publish and lay before both Houses of Parliament an assessment of the impact on the economy of the United Kingdom, and on each nation, province or region of the United Kingdom, of any unratified agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU.

(2) Any agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU may not be ratified unless—

(a) subsection (1) has been complied with,

(b) the House of Lords has considered a motion relating to the unratified agreement,

(c) the House of Commons has approved the unratified agreement by resolution,

(d) the statute mentioned in section 9 (approving the final terms of withdrawal of the United Kingdom from the European Union) has been passed, and

(e) any other legislative provision to enable ratification has been passed or made.

(3) If no agreement has been reached by 31 December 2018 between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union setting out the arrangements for the United Kingdom’s withdrawal from the EU, the Prime Minister must publish and lay before both Houses of Parliament within one month an assessment of the impact on the economy of the United Kingdom, and on each nation, province or region of the United Kingdom, of leaving the EU under Article 50(3) of the Treaty on European Union without an agreement.

(4) If no agreement has been reached by 31 January 2019 between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union setting out the arrangements for the United Kingdom’s withdrawal from the EU,

(a) a Minister of the Crown must propose a motion in the House of Lords relating to the lack of an agreement, and

(b) a Minister of the Crown must propose a motion in the House of Commons approving the intention of the United Kingdom to leave the EU under Article 50(3) of the Treaty on European Union without a withdrawal agreement.

(5) Unless the House of Commons approves by resolution after 31 January 2019 the intention of the United Kingdom to leave the EU under Article 50(3) of the Treaty on European Union without a withdrawal agreement, the Prime Minister must either —

(a) reach an agreement before exit day between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU, or

(b) request the European Council for an extension of negotiation under Article 50(3) of the Treaty on European Union, or

(c) rescind the notice of intention under Article 50(2) of the Treaty on European Union to withdraw from the EU given in accordance with the European Union (Notice of Withdrawal) Act 2017 and request the European Council to accept that rescission.”—(Tom Brake.)

This New Clause would ensure that the Government assesses the impact of either an agreement or no deal on the UK economy and regions before a meaningful vote, and that if Parliament does not agree to the agreement or to no deal, then the Government must request a revocation or extension of Article 50.

Brought up.

Question put, That the clause be added to the Bill.

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Queen’s consent signified.

[Mr Speaker]

I inform the House that I have selected the amendment in the name of the leader of the Scottish National party.

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[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

On a point of order, Mr Speaker. I seek your advice on how to inform the House of some breaking news coming out of the Welsh national Parliament. Assembly Members have unanimously supported the introduction of a Welsh continuity Bill to put a halt to the Westminster power grab. So great is the constitutional encroachment of the Westminster Government that this Bill to support Welsh democracy is supported by not only Plaid Cymru, but the Welsh Conservative party and the UK Independence party. This is of great constitutional significance, with implications for the passage of the European Union (Withdrawal) Bill, which has just received its Third Reading.

[Mr Speaker]

Whether it is a matter of great constitutional significance is not for me to say. It is, however, not a matter for the Chair. The hon. Lady inquires how she can achieve her objective, and the answer is that she has done so—it is on the record.

Points of Order

John Bercow Excerpts

Wednesday 17th January 2018 Commons Chamber

[Clive Lewis (Norwich South) (Lab)]

On a point of order, Mr Speaker. I hope to get your advice on an exceptionally serious issue, which has been brought to me by a whistleblower in my constituency, relating to the East of England Ambulance Service. It has been put to me that the service became critically overstretched as a result of high demand on 19 December. At that point, senior operational managers wanted to move to REAP4, which is the highest state of emergency, and seek mutual aid, most likely from the armed forces. However, that decision was not taken until 31 December, some 12 days later. Even then, aid was not requested by senior management.

I have been informed that, during that period, 20 people died in incidents when ambulances arrived late. If that is true, it raises serious questions for the trust and the Government as to why REAP4 was not declared and no aid was sought; what potentially avoidable deaths resulted from those decisions; and, above all, how we can avoid that ever happening again. Given that this is, quite literally, a matter of life and death, can you advise me, Mr Speaker, on how I may urgently seek answers to those questions from the Secretary of State for Health and Social Care?

[Mr Speaker]

I am grateful to the hon. Gentleman for his point of order and for his characteristic courtesy in giving me advance notice of his intention to raise it. The answer is twofold. First, he should undertake the short journey from the Chamber to the Table Office in order to table such questions—there may be many—to which he seeks answers from the Secretary of State for Health and Social Care. The hon. Gentleman may already be working on these matters now; if not, I am sure he will apply hot, wet towels over his head as he prepares his line of questioning.

Secondly, the hon. Gentleman may seek to consult his colleagues on the Opposition Front Bench if he wishes a party view to be taken on this matter and the issue to be pursued not only from the Back Bench, but by his fellow Members of the Front Bench. Meanwhile, he has aired his concern, and it will have been heard on the Treasury Bench.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

On a point of order, Mr Speaker. It has come to my attention via a story by Peter Geoghegan on the website The Ferret that the Under-Secretary of State for Exiting the European Union, the hon. Member for Wycombe (Mr Baker), whom I have informed that I will be mentioning him in the House, may be in breach of the rules concerning the Register of Members’ Financial Interests.

The hon. Member is listed on the website of the Cobden Centre as a co-founder; and he is listed by Companies House as a director in papers that were last updated only in September. Of most interest to the House would be the centre’s stance on Brexit. Although there is no question that the hon. Member has a pecuniary interest in the organisation, it would seem to me that the directorship of the company contravenes paragraph 55(b) of the guide to the rules on the registration of Members’ financial interests, namely:

“Any other interest, if the Member considers that it might reasonably be thought by others to influence his or her actions or words as a Member in the same way as a financial interest.”

Let me emphasise the next part:

“This might include an unpaid employment or directorship”.

I seek your counsel, Mr Speaker—

[Mr Speaker]

Order. I am immensely grateful—I cannot tell the hon. Gentleman how grateful I am to him—but I do not think that any further words from him are required. I shall give a response, and then I shall invite the hon. Gentleman concerned to respond, if he wishes.

I am grateful to the hon. Member for West Dunbartonshire (Martin Docherty-Hughes), of course, for raising this concern, but let us be absolutely clear—I say this for the benefit of Members of the House and those attending to our proceedings—that responsibility for registration or declaration rests with the Member concerned, not with the Chair. If another Member—or, indeed, anyone else, for that matter—has reason to believe that a Member has failed to register or to declare an interest, that person should write to the Parliamentary Commissioner for Standards for an investigation in accordance with procedures approved by the House. Whether a Minister has breached the ministerial code is, of course, a matter for the Prime Minister.

As the hon. Gentleman has raised his point—if I may say so, in some painstaking detail—it seems only fair to offer the hon. Member concerned, the Minister at the Department for Exiting the European Union, the opportunity to reply if he so wishes. I must emphasise that I do not want a precedent to be set here. He is under absolutely no obligation to respond on the Floor of the House, but if he wishes to do so, let us give him the opportunity.

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

Further to that point of order, Mr Speaker. I am happy to tell the House that I resigned my trusteeship of the Cobden Centre within days of taking up my post in DExEU, knowing that with the centre’s interest in free trade, in particular, that might be considered relevant. I resigned, if my memory serves me, on 17 June. I very much regret that an administrative error was made by others after my departure, and I have asked them to correct it.

[Mr Speaker]

I am grateful to the hon. Gentleman. That response was clear. If others wish to continue discussing the matter, they can do so, but they should not do so in this Chamber. I am deeply obliged to the hon. Gentleman for what he has said.

[Margaret Greenwood (Wirral West) (Lab)]

On a point of order, Mr Speaker. During a debate on the NHS winter crisis last Wednesday, the Under-Secretary of State for Health, the hon. Member for Winchester (Steve Brine), misquoted what I said in the course of the debate. I tried to intervene to correct the matter, but he would not take my intervention. He said that I had said that the NHS is a political organisation. I said no such thing. What I did say was that the NHS is a political entity. Had he taken my intervention, I would have explained that the very existence of the NHS, which of course was created by a Labour Government, and the way in which it operates are reliant on the political decisions made in this Parliament. I feel that the Minister owes me an apology, and I also feel that he owes an apology to this House. I wonder whether you could advise, Mr Speaker, on how such apologies may be secured.

[Mr Speaker]

I am very grateful to the hon. Lady for giving me advance notice of her intention to raise this matter. I will just inquire of her whether she has given notice of this to the Minister concerned.

[Margaret Greenwood]

I have not.

[Mr Speaker]

The hon. Lady should have given notice to the Minister concerned, but I will not dwell on that point; it speaks for itself. Nevertheless, I would say to the hon. Lady that if the Minister feels, having heard what she has said, that he has been inaccurate, it is open to him, and would normally be expected of him, to correct the record. Meanwhile, the hon. Lady has made her view of the matter clear, and it is on the record.

I hope that the hon. Lady will not take it amiss if I say that, notwithstanding the importance of the matter that she raises—not least to her—it is not uncommon for Members of this House to be, or to feel that they have been, misquoted or misrepresented. Some of us have some decades’ experience of this. I very gently counsel the hon. Lady, while perfectly legitimately pursuing the matter, if she so wishes, not to allow the matter to disrupt her sleep pattern.

Oral Answers to Questions

John Bercow Excerpts

Thursday 14th December 2017 Commons Chamber

[Kwasi Kwarteng (Spelthorne) (Con)]

rose—

[Mr Speaker]

Order. The hon. Member for Spelthorne (Kwasi Kwarteng) has been in the House for seven and a half years, and he should not be standing for a supplementary on question 1 when his question is No. 2. It is a point so blindingly obvious that only a very clever person could fail to grasp it.

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[Anna Soubry]

On a point of order, Mr Speaker.

[Mr Speaker]

Order. I will not take points of order in the middle of Question Time, but I gently say to the Secretary of State that I understand his predicament. A soothing medicament may assist him, and I extend my sympathies, but he must face the House because Members are saying that they cannot hear him. I am sure he would not want to mumble deliberately.

[Mr Davis]

Good Lord, what a terrible thought.

The withdrawal and implementation Bill cannot be brought to the House until we have agreed the withdrawal agreement. The European Union negotiator expects that to be concluded in September or October 2018, which is probably right, so the Bill will be tabled after that date.

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[Several hon. Members rose—]

[Mr Speaker]

The right hon. Member for North Shropshire (Mr Paterson) is doing his best to imitate the launch of a rocket. I think we had better hear from the fellow.

[Mr Owen Paterson (North Shropshire) (Con)]

I am very touched, Mr Speaker.

We all wish the Prime Minister the very best of luck today, and we hope she agrees a reciprocal free trade deal with zero tariffs. Does my right hon. Friend the Secretary of State agree that the bar for success is that the deal has to be better than World Trade Organisation terms, the terms on which we trade with huge parts of the rest of the world and with other very large economies? Should the EU be unwise enough not to grant reciprocal free trade with zero tariffs, we will move to WTO terms and the Government will have no fears because they will have taken all the necessary contingency measures.

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[Several hon. Members rose—]

[Mr Speaker]

I appeal now to colleagues for shorter questions. I want to try to get through the bulk.

[Kate Green (Stretford and Urmston) (Lab)]

5. What assessment his Department has made of the economic effect of the UK leaving the EU on different sectors of the UK economy.

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[Mr Walker]

My hon. Friend raises an interesting point. We need to reflect on the fact that the UK is uniquely aligned among the countries that will be outside the EU; it is a huge market for the EU. There is a real opportunity for the EU to do a trade deal with what will be its biggest export market.

[Mr Speaker]

Two very brief inquiries. I call Peter Grant.

[Peter Grant (Glenrothes) (SNP)]

Yesterday, in response to a question from the right hon. Member for East Ham (Stephen Timms) querying the Government’s failure to conduct these impact assessments, the Prime Minister said:

“No, it is not the case that no work has been done in looking at that”.—[Official Report, 13 December 2017; Vol. 633, c. 397.]

How does the Minister reconcile that statement with others previously made by the Secretary of State, as it directly contradicts them?

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[Joan Ryan]

I understand that the Minister said in answer to an earlier question that some quantitative assessment has been undertaken in relation to leaving the customs union, and yet, last week, when he was in front of the Select Committee, the Secretary of State admitted that the Government had undertaken no quantitative assessment. Why is it that every time we ask a question in relation to Brexit, we get a different answer depending on the time, the day, or the Minister? If the Government simply cannot, or will not, say whether leaving the customs union will make Britain poorer, does the Minister not agree—

[Mr Speaker]

Order. I think we have got the drift of what the right hon. Lady is trying to cover. Questions really need to be briefer. Otherwise, a lot of people lower down the Order Paper will not be reached, and it is not fair.

[Mr Walker]

The Secretary of State emphasised that there was not a formal quantitative impact statement, but was clear that a judgment was made on the basis of a range of evidence. The Government have been conducting an extremely broad overall programme of work on EU exit issues, and will continue to do so.

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[Layla Moran]

Recent polls show there is now a clear majority in favour of a referendum on the deal. Is it any wonder that this Government have lost control? Yesterday, Parliament took back control, and now the public want to take back control from the Tory party and the Democratic Unionist party. Will the Minister please explain to my constituents how a referendum on the deal—the first referendum on the facts—would be anti-democratic? Does he not trust them—

[Mr Speaker]

Order. [Interruption.] Order—when I say that, the hon. Lady must resume her seat. I think we have the thrust of it, but what is required—and I am trying to be helpful to the hon. Lady—in these situations is a question, not the development of an essay theme. I am sorry, but she must learn to appreciate the difference. The question was too long, and that should not happen again.

[Mr Davis]

I am very tempted to point out the polling results of the Liberal Democrat party recently. The simple point to the hon. Lady is this: no opinion poll comes anywhere near the votes of 17.5 million people, which we will respect.

EU Exit Negotiations

John Bercow Excerpts

Tuesday 5th December 2017 Commons Chamber

[Mr Davis]

The right hon. and learned Gentleman’s speeches in such proceedings are becoming rather repetitive—they are always crowing and carping. [Interruption.]

[Mr Speaker]

Order.

[Mr Davis]

Given my voice, I will wait it out, Mr Speaker.

Let us start with this issue of the single market and customs union. I am glad to see the shadow Chancellor in the Chamber, because he said earlier this year that remaining in the single market would be interpreted as “not respecting” the referendum result. The shadow International Trade Secretary—I cannot see him here—said that a permanent customs union is “deeply unattractive”. He said that as a “transitional phase”, it

“might be thought to have some merit. However, as an end point it is deeply unattractive.”

In fact, he described it rather later as “a disaster”. So much for Labour policy on this matter; we can see why it has changed 10 times in the course of the last year.

On the question with respect to the United Kingdom, I said in my response to the urgent question that I would be circumspect, and I intend to be. I am not going to go in for tit-for-tat comments—that would be very bad for our negotiations—but I will take the opportunity to rebut one falsehood I saw being stirred up by various of our political opponents yesterday: the suggestion that we might depart the European Union but leave one part of the United Kingdom behind, still inside the single market and customs union. That is emphatically not something that the UK Government are considering. So when the First Minister of Wales complains about it, the First Minister of Scotland says it is a reason to start banging the tattered drum of independence, or the Mayor of London says it justifies a hard border around the M25, I say they are making a foolish mistake. No UK Government would allow such a thing, let alone a Conservative and Unionist one.

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[Peter Grant (Glenrothes) (SNP)]

On reflection, I think I prefer the phrase “the rubber has hit the road” to the one that I was going to use to describe yesterday’s fiasco.

It is no surprise that leadership contenders are now circling the Prime Minister. I can reveal that there is a vacancy coming up, because the Prime Minister is today being interviewed for the job of Scotland football manager, where her fantastic ability to snatch defeat from the jaws of victory could be put to very good use.

A Government who said they would bring sovereignty back to Parliament are now being controlled by someone who is not even a Member of this Parliament. A Government who refuse to give Parliament any say in the development of our negotiating position are now allowing that negotiating position to be dictated by the leader of a minority Parliament in the smallest of the four nations of this Union. I could not put it better than the shadow Minister: what a shambles; what a complete mess.

Will the Secretary of State now go back to “Scotland’s Place in Europe”, the document published by the Scottish Government that his Government rejected out of hand a year ago, and use that as a basis to produce a solution to an otherwise intractable problem? The fact is that the Government’s red lines are not compatible with each other, as the Brexit Committee concluded only last week. We were therefore unable to see how it is possible to reconcile leaving the customs union with avoiding a hard border between Northern Ireland and the Republic. Will the Secretary of State go back to that paper and use it as a basis for reopening negotiations?

[Mr Speaker]

Order. I think the hon. Gentleman has concluded his remarks. [Interruption.] The problem is that he has taken one and half minutes plus, and there is huge pressure on time, so I think we must now proceed.

[Mr Davis]

Shall I reply?

[Mr Speaker]

Yes, that is only fair, as I allowed the hon. Gentleman to blurt out his question to allow the Secretary of State briefly to answer.

[Mr Davis]

I will answer very briefly. First, I am very surprised by the hon. Gentleman, of all people, being so dismissive of small nations. Secondly, the Scottish Government document to which he refers was read carefully, and many of its elements are consistent with our negotiating strategy, not least the aim of protecting employment rights. I really think he should recognise that.

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[Several hon. Members rose—]

[Mr Speaker]

Order. If I am to accommodate a significant number of colleagues, there will be a premium on brevity, which is always brilliantly exemplified by the right hon. Member for Leeds Central (Hilary Benn).

[Hilary Benn (Leeds Central) (Lab)]

We all hope that the Government find a form of words that enables the negotiations to move on to phase 2, but do they not have to realise that the reason why there is this problem is because of their decision to leave the customs union and the single market? Given that the leader of the Scottish Conservatives and the Mayor of London have both suggested that whether it is convergence or no divergence, it should be applied to the whole of the United Kingdom, is it not time for the Government finally to recognise that they need to make a different decision if they are to avoid the imposition of a hard border in Northern Ireland?

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[Mr Davis]

My hon. Friend is of course right. The other thing we can say is that 85% of the Members of this House were elected on manifestos that said they would respect that referendum. [Interruption.]

[Mr Speaker]

Order. I just make two points. First, there is a lot of noise in the Chamber. Members must be heard. Secondly, may I say very gently to the Secretary of State that I appreciate that he has trouble with his voice, but that accentuates the importance of his facing the House so that we can all hear him?

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

In the chaos that was yesterday, it did at least seem to be clear at 9 o’clock in the morning that the Government believed in the idea of regulatory alignment for Northern Ireland and for the Republic, but what is their position now? Have they now ditched any idea of regulatory alignment for Northern Ireland, or do they recognise that actually regulatory alignment is really important not just for the Good Friday agreement, but for businesses right across the United Kingdom? That is what the Secretary of State should be trying to achieve for all of us.

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[Kate Hoey (Vauxhall) (Lab)]

I am sure that millions of members of the public think that our Government are not being tough enough with the European Union, and that in these negotiations, we should say clearly that the EU is stopping the continued co-operation—[Interruption.]

[Mr Speaker]

Order. I am very keen to accommodate colleagues, and please rest assured that I will do everything I can to do so, but the hon. Lady must be heard.

[Kate Hoey]

The EU is stopping the co-operation, which has been very good, between the Republic of Ireland and Northern Ireland. That could continue, but the EU is stopping it. Is it not time that the Government said so?

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[Richard Graham (Gloucester) (Con)]

This urgent question is spectacularly badly timed, in the middle of talks to move to the next phase—[Interruption.] The truth is—

[Mr Speaker]

Order. The hon. Gentleman will resume his seat. [Interruption.] Order. I will deal with this. The hon. Gentleman is unfailingly courteous. He is entitled to criticise a Member for submitting an urgent question, but it is not for him to question the judgment of the Chair. I took the view that this matter warranted the attention of the House of Commons today. If the hon. Gentleman wishes to depart from that view, he should not express it on the Floor of the House. If he has a serious question to ask, I am happy to hear it, but I seek his assurance that he is not arguing the toss with the Chair.

[Richard Graham]

I would never dream of it, Mr Speaker. My point was that many negotiations, if not most, come good towards the end. Therefore, rather than sledging the Government, I urge the Secretary of State and the Prime Minister to maintain their resilience and patience and see this through, which will require compromises on all sides to reach a good solution.

--- Later in debate ---

[Hon. Members]

What?

[Mr Speaker]

The Secretary of State said that one is about harmonisation and the other is not. Somebody suggested that he or she could not hear.

[Mike Wood (Dudley South) (Con)]

Will the Secretary of State confirm that, in the negotiations, the Government still aim to conclude an agreement on an implementation phase as early as possible in the new year and that that agreement would similarly benefit the European Union?

--- Later in debate ---

[Mr Davis]

Is Horlicks a parliamentary word, Mr Speaker? I might use it in future. I am the Brexit Secretary, so that is of course what I focus on most of the time. The simple fact is that the free trade agreement the hon. Lady talks about is precisely what we are aiming for. It is exactly where we and Brussels want to get to as quickly as possible.

[Mr Speaker]

The word is certainly not unparliamentary. It could be said to constitute a form of advertising, but it is not disorderly.

[Mr Davis]

Or a euphemism.

[Mr Speaker]

Or indeed a euphemism, as the right hon. Gentleman pertinently observes from a sedentary position.

[Andy Slaughter (Hammersmith) (Lab)]

When will we have a decision on the rights of EU nationals in the UK? The Secretary of State has yet again forgotten about them amidst the current chaos. More than 3 million people are in limbo with regard to their future rights, including many Irish citizens to whom we have a particular and long-standing duty.

Leaving the EU: Sectoral Impact Assessments

John Bercow Excerpts

Tuesday 28th November 2017 Commons Chamber

[Mr Speaker]

Before I call Sir Keir Starmer to ask his urgent question, I would emphasise to the House that the purpose of my selecting this urgent question today is to give an opportunity to the Minister to explain to the House what action the Government have taken in response to the order of the House and an opportunity for other Members to question him on those matters. It is not an occasion for the House to debate whether or not a contempt of the House may have occurred. There may or may not be later occasions for that matter to be discussed. This is the correct procedure, and I know the House will trust me to know of what I speak.

--- Later in debate ---

[Tim Loughton (East Worthing and Shoreham) (Con)]

I would be rather more interested in seeing the impact assessments drawn up by the EU of the impact of Britain leaving the EU and how that is affecting the EU’s negotiating position. Does my hon. Friend share my curiosity that Opposition Members are not keen to scrutinise those documents?

[Mr Speaker]

Order. The trouble with the interest of the hon. Gentleman, which is of great fascination to Members of the House and many spectators beyond its environs, is that it is not even adjacent to the question before us, but I am sure the hon. Gentleman can entertain himself in the long winter evenings that lie ahead.

[Ms Angela Eagle (Wallasey) (Lab)]

This is not my definition of taking back control. This huge mess that the Government have got themselves into shows the limits of their clever-clever tactic of not engaging with Opposition motions by sitting on their hands. Despite what the Minister says, the fact is that a Humble Address, which it is compulsory for the Government to act on, has been carried. It calls not for the documents to be edited and not for them to be changed—that job now goes to the Select Committee. The Government have to get on and publish these documents, and they have to publish them now.

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

Order.

EU Exit Negotiations

John Bercow Excerpts

Monday 13th November 2017 Commons Chamber

[Mr Chris Leslie (Nottingham East) (Lab/Co-op)]

What was that?

[Mr Speaker]

The Secretary of State said yes.

[Kate Hoey (Vauxhall) (Lab)]

I welcome the Secretary of State’s firm rebuttal of the ridiculous idea that Northern Ireland would be taken out of the rest of the United Kingdom and made to stay in a customs union. Does he also recognise that the Northern Ireland Affairs Committee recently met the head of customs in Switzerland, which is not in the EU, and the one thing that he said over and again was that there was nothing that could stop this from working if there was full co-operation on all sides? Is that not what this is really all about—if the Republic of Ireland do not want to have a hard border, that can happen?

--- Later in debate ---

[Mr Davis]

I am sure it was a brilliant exposition, but I did not hear it.

[Mr Speaker]

No, but the Secretary of State has the confirmation from the right hon. Member for Chingford and Woodford Green (Mr Duncan Smith), wittering from a sedentary position, that it was very good. He said it not once, but twice—that should satisfy the Secretary of State, I feel sure.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

May I invite my right hon. Friend to remind the House that 498 right hon. and hon. Members voted for the withdrawal Bill, in the full knowledge that, two years after notification had been served, we would be leaving the European Union? Is it not a little disappointing that they seem to be backtracking on their commitment to honour their promises to the British people?

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

I call Clive Efford.

[Clive Efford (Eltham) (Lab)]

I am grateful, Mr Speaker, for your contribution to my fitness regime.

If the House amends primary legislation in the form of the Bill to implement the withdrawal agreement, will the Secretary of State explain how he will convey that to the European Union, if we have retained sovereignty?

--- Later in debate ---

[Mr Davis]

The ones in receipt of the Conservative Whip will.

[Mr Speaker]

I am grateful to the Secretary of State and all colleagues.