Points of Order
John Bercow Excerpts(5 years, 11 months ago)
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Chris Philp (Croydon South) (Con)
On a point of order, Mr Speaker. Can you advise me whether there are any ways to remove the need for a money resolution for a Bill brought forward by a Back Bencher? Could you confirm that only the Government can move money resolutions?
Mr Speaker
That has long been the practice. I am not going to get involved in a detailed disquisition on these matters tonight as I think that would be premature and unnecessary. The hon. Gentleman has asked me a question and I have furnished him with an answer. I trust that satisfies him. If it does, good; but if it does not, never mind.
Kevin Foster (Torbay) (Con)
On a point of order, Mr Speaker. You may be aware of some speculation in the press, so could you confirm that a Committee of the whole House can only be chaired by the Chairman of Ways and Means?
Mr Speaker
The Standing Orders are perfectly clear. The hon. Gentleman need not ask me, either on his own initiative or at somebody else’s urging, a question to which the answer is readily available if he bothers to read the relevant material; it is pretty clear.
Rebecca Pow (Taunton Deane) (Con)
On a point of order, Mr Speaker.
This is a brave moment for me because I have never before made a point of order. I seek just a little bit of clarification regarding these so-called devices that have been much mentioned in the press over the weekend and that might give over control of the Order Paper—something that I would find deeply concerning. I would be very grateful if you gave some indication as to which other Members of Parliament you have had discussions with about these devices and their use. Is this normal procedure or am I just worrying about nothing?
Mr Speaker
Oh dear, oh dear, oh dear; people do seem a bit confused, but I will certainly try to help the hon. Lady. First, to the best of my knowledge and recollection I have not had any meetings or, as she puts it, discussions about such matters. I see a certain amount of speculation in the press but I am not aware of, or in any way party to or involved with, any such proposals. Secondly—I would have thought that the hon. Lady would know this after nearly four years in the House but perhaps she is not aware of it—more generally I regularly see Members from across the House upon a range of matters if they ask to see me. There is nothing odd or unusual about that; there is nothing without precedent. On the first point that she raised, the fact that there might be speculation about matters that causes perplexity or befuddles some people may be a concern for them, but it is not the responsibility of the Chair. I hope that I have given her a clear and explicit answer which brooks of no misunderstanding.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
On a point of order, Mr Speaker. The Prime Minister responded to my question earlier by saying:
“We accepted the result of the referendum vote in Wales…We made clear at the time that we respected the result of that referendum in Wales.”
However, her actions and the actions of her party at the time and since then are on record, and they contradict these assertions. I fear that the Prime Minister has misled the House on this matter in responding to myself and other Members. How might she correct the record?
Mr Speaker
I am grateful to the hon. Lady for her point of order. I am sure that if she is suggesting what she has just suggested, she would wish to insert the word “inadvertently”, because she is a person of impeccable manners and I am sure that she would not suggest for one moment that the Prime Minister had deliberately misled the House. I just seek that assurance; is the hon. Lady suggesting that it was inadvertent?
Liz Saville Roberts
I am content to apologise and to insert the word “inadvertently”.
Mr Speaker
I was not requesting an apology, although it is very gracious of her to proffer it. I just wanted to hear the insertion of the word “inadvertently”. The answer is that, in a sense, the hon. Lady has partially found salvation in the matter by raising the point of order and putting the factual position as she sees it on the record. In terms of further redress, my response is that every Member of this House, including the Prime Minister, is responsible for the veracity of what she or he says. In the event that a Member believes that he or she has made an error, it is incumbent upon that Member to put the record straight. Knowing the commitment to this Chamber of the hon. Lady and her regular presence at statements and other opportunities to interrogate Ministers, I am sure that she can seek a correction in direct exchange with the Prime Minister at the material time.
Rachel Maclean (Redditch) (Con)
On a point of order, Mr Speaker. We have seen some changes in precedent in recent days; indeed, you rightly said that precedent can be changed. If there were to be an amendment to the Business of the House motion preventing the Government from controlling the Order Paper, it would be—as I understand it from much more long-standing colleagues—a matter of precedent. What role might the Liaison Committee play in that decision?
Mr Speaker
I am not a member of the Liaison Committee. I will look at the situation on a case-by-case basis. If the circumstance arises, I shall make an appropriate judgment. I think we should leave it there. May I very gently say to the hon. Lady that the late Lord Whitelaw was so shrewd when he said that he personally preferred to cross bridges only when he came to them?
Kevin Brennan (Cardiff West) (Lab)
On a point of order, Mr Speaker. In my 17 years in the House, including two years as a Government Whip, I found out one thing, which is that if Members act as a Whip’s lickspittle, they get very little respect from other Members of the House—even, ultimately, from their own Whips.
Mr Speaker
The hon. Gentleman has made his own point in his own way with considerable force and alacrity. I am not going to accuse anybody of being—
The Parliamentary Under-Secretary of State for International Trade (Graham Stuart)
It’s not a point of order, is it?
Mr Speaker
Well, it will just extend the proceedings if people chunter from a sedentary position ineloquently and for no obvious benefit or purpose. It is a point of order and I am responding to it. If the junior Minister on the Treasury Bench does not like the fact that I am responding to it, he can lump it, because I am going to respond to it in my way and in the fashion that I choose. His approval or disapproval is a matter of staggering irrelevance as far as I am concerned. I certainly would not accuse anybody of being a lickspittle, but I think the record shows that when I was a serving Back Bencher—and, for that matter, often as a Front Bencher—I was not overly preoccupied with the views of my Whips.
Luke Graham (Ochil and South Perthshire) (Con)
On a point of order, Mr Speaker. There has been a lot of speculation—not from you, but from other MPs in the House—about the ability of a Back Bencher to influence the Business of the House motion and take control of business on a specified day. As a Back Bencher, I seek your guidance as to whether any procedural device currently exists or whether a precedent will be set so that such a device can exist going forward.
Mr Speaker
I refer the hon. Gentleman to answers that I provided earlier. I am very happy to look at these matters in the round; there may well be discussions to be had about them in subsequent days. It is perfectly legitimate for the hon. Gentleman to seek to engage me on the matter, but I do not think that in this context there is any particular merit in repeating that which has already been said. I therefore urge him to consult the Official Report, and I hope that he will find it productive when he does.
Vicky Ford (Chelmsford) (Con)
On a point of order, Mr Speaker. This is relevant, because I know that members of the public and members of the press are asking about it; indeed, I have just been asked. Is it your understanding that if article 50 were to be extended, that could happen only if a Government Minister were to move a motion asking for it to happen? If that has changed, then it is a massive change to our entire democracy.
Mr Speaker
The hon. Lady raises an interesting point, but it does not appertain to the consideration that is before us today. I am certainly happy to reflect—[Interruption.] Well, she has asked me a question, very courteously I am sure, and I shall courteously reply. I do not think that the point of order is immediately relevant to the matter that we are debating today. If people want to offer opinions on the subject in the course of the debate, they can. We shall see what unfolds in subsequent days. [Interruption.] I do not know what will unfold. If some people think they are psychic and know what the result will be tomorrow, that is a matter for them.
Mr Speaker
No, no: I am not taking any further point of order from the hon. Lady. She has raised the issue. I have given the holding response that I have given. [Hon. Members: “Ah!”] I am not giving a verdict on this matter. I am not anticipating any such scenario. I have not been approached about any such scenario. No Member of Parliament has posited any such scenario. So when people say, “Ah!”, as though something frightfully revealing has been said, I am sorry to disappoint them, but it has not. Nothing of any great significance has been said. [Interruption.] The hon. Member for Chesterfield (Toby Perkins) is very courteous, but I am untroubled by these matters.
Charlie Elphicke (Dover) (Con)
On a point of order, Mr Speaker. I have been here for nine years, and I think the whole House knows that I am not entirely a Whips’ lickspittle. May I just ask for a point of clarification? My recollection is that a statutory instrument tends to be moved by a Minister of the Crown, for the very simple reason that legislation provides for that to be the case. Could you confirm that my recollection is correct?
Mr Speaker
Yes, that has always been the case, and I am not aware that there is any imminent or likely prospect of it being changed. I am not party to any such proposal. Nobody has posited to me a scenario in which I would be expected to agree to any such change. That is the reality. The position that I have set out at present is perfectly clear. The hon. Gentleman, for whom I have the highest regard, is perfectly entitled to ask me whether I understand, with reference to that which has transpired to date, his interpretation of proceedings to be correct. I do.
Nigel Huddleston (Mid Worcestershire) (Con)
On a point of order, Mr Speaker. First, I am proud to have friends in the Whips Office—and right across the House. I seek your guidance relating to the speculation in the press this weekend, because it is important and concerning. I believe that it is a very important principle in this place that we are all equal, and that means equal knowledge, access to information and knowledge about procedures. If, as has been speculated, there are likely to be changes in procedures, can I implore you, Mr Speaker, to make sure that equal and fair treatment is considered, and that we are all aware of any changes in policies and procedures to make sure that there is not asymmetry of information, or advantage or disadvantage given to one Member of this House over another?
Mr Speaker
I am happy to assure the hon. Gentleman that, as has been my unfailing practice since 22 June 2009, I am always equally open to hearing from, and then, as best I can, responding to any Member of the House of Commons who approaches me.
Mr Speaker
I am very grateful to the right hon. Member for South Holland and The Deepings (Sir John Hayes), who is nodding vigorously in assent to that proposition from a sedentary position. The right hon. Gentleman and I have known each other for well over 20 years, and he knows that I am utterly and scrupulously fair-minded in these matters. I have been, I am, and I always will be. I am not responsible for what other people might be talking about. I do not plant stories in the newspapers. That is a black art perhaps practised by other people from time to time. It is not something that greatly concerns me. I do not get very excited about it. The hon. Member for Mid Worcestershire (Nigel Huddleston) is entirely entitled to seek the assurance of equality of treatment.
Let me just say one further thing in the light of some press reports. People really ought to understand, because it is incredibly simple, straightforward and uncontroversial, that any hon. or right hon. Member of this House who wishes to come to see the Speaker about something that concerns him or her can ask to do so, and diary permitting and subject to agreement on suitable dates, that would always happen. The notion that some particular advantage is given to a specified individual, or a little coterie, as part of a secret plot in private apartments is so staggeringly absurd that I would not expect for one moment that someone of the intelligence and perspicacity of the hon. Gentleman would give it credence for so much as a single second. I hope that is helpful to him.
Matt Warman (Boston and Skegness) (Con)
On a point of order, Mr Speaker. I mentioned during the statement that The Sunday Times was in my constituency taking its temperature. I should say that my constituents did raise your role as well as the role of the Government, and so I would perhaps say gently, in response to your earlier comment, that there is some doubt out there among the public. The question they asked me to ask you was this. You changed some precedents last week, and some of them wanted to know if you expected to change any more.
Mr Speaker
As I have already indicated, I made a judgment last week. I look at issues on a case-by-case basis, which is a perfectly reasonable thing to do. I know the hon. Gentleman will understand if I say that as someone who has been the guardian of the rights of this House for the last nine and a half years, I am confident and comfortable that others recognise my commitment to fairness in this Chamber. I have a high regard for the parliamentary commitment of the hon. Gentleman. I have no intention—and I do not refer to him in this context—of taking lectures on doing right by Parliament from people who have been conspicuous in denial of, and sometimes contempt for it. I will stand up for the rights of the House of Commons, and I will not be pushed around by agents of the Executive branch. They can be as rude as they like. They can be as intimidating as they like. They can spread as much misinformation as they like. It will not make the slightest bit of difference to my continuing and absolute determination to serve the House of Commons. Unlike some people in important positions, who of course are elected constituency Members but have not been elected to their offices here, I have been elected, re-elected, re-elected and re-elected as Speaker to do the right thing by the House of Commons. That is what I have done, that is what I am doing, and that is what I will go on doing. That is so crystal clear that I feel sure it will satisfy the hon. Gentleman.
European Union (Withdrawal) Act
John Bercow Excerpts(5 years, 11 months ago)
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The Secretary of State for International Trade and President of the Board of Trade (Dr Liam Fox)
As we take this debate into the early hours of tomorrow morning, I hope that we will be able to replicate the good humour, good manners and resilience that the Prime Minister showed during her two hours in front of the House this afternoon. [Interruption.] Yes, Mr Speaker, I understand that. As a doctor, I admire good bladder control.
Mr Speaker
I am able to stay in the House for many, many hours. We are not talking about two hours, for the avoidance of doubt. I will very happily be here for 12 hours, if necessary, because I take my responsibilities to the House of Commons seriously.
Dr Fox
It is a pleasure to open this debate on global Britain and the economy as we consider how to honour the decision made by the British people, in a democratic referendum, to leave the European Union. When Parliament made the decision to hold the referendum, it made a contract with the British people that said, “We are unable, or unwilling, to make a decision on this constitutional relationship. This will be decided by the British people and Parliament will abide by that decision.” We have a duty to honour our side of that contract, whether we ourselves voted to remain or leave in the referendum. When we, as Members of Parliament, voted in that referendum, we did so in the knowledge that our vote carried an equal weight to that of other citizens of our country. For Parliament to attempt in any way to thwart or block Brexit by any means would be an act of vanity and self-indulgence that would create a breach of trust between Parliament and the people, with potentially unknowable consequences.
Albert Owen
On a point of order, Mr Speaker. I do not make points of order lightly, as you know. The Prime Minister was asked a question earlier about respecting the will of the people and referendums. A number of Members—including, I think, the Secretary of State—voted against the Government of Wales Act 1998 after the 1997 referendum decided the matter. That should be on the record when he lectures us about Brexit.
Mr Speaker
The hon. Gentleman has put his point on the record, and it is there for people to observe if they wish.
Dr Fox
The hon. Gentleman confirms my wisdom in not giving way to him.
It is clear that there are three possible outcomes to our deliberations. I want to say at the outset that Members will determine which route they choose, and while we may disagree, I do not doubt either their motives or their patriotism as they choose the course available to this country. The first option is to accept the deal that has been negotiated—and there is no other deal available. The second is to leave the European Union with no deal, and the third is to have no Brexit at all. Before considering the implications of those options, it is important to underline the fundamental strengths that underpin the UK economy, the changing patterns of our trade and the future patterns of global trade.
Several hon. Members rose—
Mr Speaker
Order. A further 72 right hon. and hon. Members are seeking to catch my eye in tonight and tomorrow morning’s debate, on account of which there will have to be, with immediate effect, a five-minute limit on Back-Bench speeches. I counsel colleagues that that limit will, in all likelihood, have to be reduced in due course.
Several hon. Members rose—
Mr Speaker
Order. Just before I call the hon. Member for Scunthorpe (Nic Dakin), I must point out what some Members will have noticed—namely that, most unfortunately, the timer display to my right is not functioning, which is gravely to the disadvantage of Opposition Members. I have been advised, I am afraid, that it cannot be repaired while the House is sitting, so I would encourage Members to—
Mr Speaker
No, not to cross the Floor of the House—it was a nice try by the right hon. Gentleman, and I do not blame him for making the attempt, although whether they will be inspired by the prospect of sitting near him is a matter for legitimate speculation and conjecture. I was saying that Members should try to take account of exactly when they started speaking, and they may be assisted by their Whip as well. I know that it is imperfect, and I am glad that the right hon. Gentleman has kept his sense of humour at this time of night, but we will have to keep going to the best of our ability.
Several hon. Members rose—
Sir Henry Bellingham (North West Norfolk) (Con)
It is a pleasure to follow the hon. Member for Hove (Peter Kyle), who voted against article 50 and is in a stronger position than his Front Bench. It is also a pleasure to follow hot on the heels of my neighbour, my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes).
My constituency, like the constituencies of my right hon. Friends the Members for South Holland and The Deepings and for South West Norfolk (Elizabeth Truss), voted overwhelmingly to leave—68% on a massive turnout. I voted leave myself, and I stood at the last election on a pledge to honour the referendum. I think it is my duty to deliver on that pledge.
Would I prefer a perfect, clean Brexit with no backstop, no ongoing role for the ECJ and a chance to break away in one swoop? Yes, of course I would. I was in my constituency a lot before Christmas and, like my right hon. Friend the Member for New Forest West (Sir Desmond Swayne), I had many conversations with constituents. I was struck by how much support and respect there is for the Prime Minister and her tenacity and determination in difficult circumstances.
One chap said to me, “Henry, would you like a 100% Brexit?” And I said, “Of course I would. I voted for Brexit. Wouldn’t you like a 100% Brexit?” He said, “Yes, I would, but we actually got 52%, so it was always going to be a compromise.” After 46 years of ever-closer integration, after spending 10 years negotiating our entry into the EU, a 100% Brexit was never a realistic expectation.
The agreement before us is the result of many months of incredibly diligent work. Yes, it is easy to criticise a lot of it, and I am far from satisfied, but if one looks at some of the plus points in the agreement, 80% of the key elements on research, skills, education, cultural links, citizenship, security and intelligence were agreed with little fuss as a result of our negotiating team.
I do not accept the idea that the EU is somehow indifferent to the outcome of this agreement and whether it gets through the House. If it fails, the EU would see it as an appalling indictment of EU diplomacy, having put so much into it. As my right hon. Friend the Member for New Forest West points out, the agreement stops the vast payment, closes down free movement and gives us control again of our fisheries and agriculture, and we will no longer be bound to implement future EU legislation. Above all else, it gives us a crucial stepping-stone to the next stage, which is the most important part of all—our future trade agreements and the future political relationship. Frankly, if I had been offered this agreement in 2016, when I campaigned with my right hon. Friend the Member for South Holland and The Deepings and many other colleagues during the referendum, I would have taken it.
Unfortunately, this is not a binary choice between this deal and a no-deal Brexit. I could live with a no-deal Brexit, but I am concerned that we have not properly prepared for it and that it could lead to a constitutional stand-off between the Government and Parliament. A second referendum would be a complete disaster. People would say to us, “We voted in the referendum, at your request. We then spoke and we asked you to implement it. You then asked us again at the last election and 82% of you campaigned on a platform to implement the result, and now you are coming back to us to ask us again.”
I am going to vote reluctantly for this agreement tomorrow night, but I am also reminded of what a lot of constituents have said to me—
Mr Speaker
Order. The hon. Gentleman has the benefit of the clock. I am sorry to stop him, because I enjoy listening to him.
Bim Afolami (Hitchin and Harpenden) (Con)
I rise in support of the Prime Minister’s withdrawal agreement, and I do so because I believe in compromise. That word is not very popular in our current politics. As the hon. Member for Walthamstow (Stella Creasy) said, everybody believes that they are right all the time and refuses to see where we can find common ground. In a 52:48 nation, the Prime Minister needed to find common ground and a balanced compromise, and this deal reflects that.
For those who voted remain, like me, this deal gives a two-year transition period, an unprecedented partnership on security, agreement on citizens’ rights and the pathway to a deep trading relationship. For those who voted leave, this deal means that we are leaving the European Union, the common agricultural policy and the common fisheries policy and ending free movement. If we want high alignment with the European Union, we can choose that, and if we want low alignment, we can choose that too. Many Government and Opposition Members who do not want us to be part of the European Union would have bitten David Cameron’s arm off if he had offered them this deal a few years before the referendum. We should all consider that.
In the time remaining, I would like to examine what happens if we end up with no deal. We have heard from many Members about how devastating that would be. I urge anybody who thinks that no deal is not necessarily a good idea but will not be that bad and is manageable to speak to manufacturing businesses, retail businesses, agricultural bodies such as the National Farmers Union and the Country Land and Business Association, and the many senior civil servants who have worked on these issues in Government and know the parlous state of things.
We must also examine what “WTO rules” really means. The tariffs and quotas would need to be negotiated individually, country by country, and we should not expect every single country to accept those unilaterally. There would be a negotiation, and that would take time. All the countries are watching this debate. They would see the difficulty we are in and may seek to take advantage of that. It would not be straightforward. Some people say, “We’ll just have zero tariffs on everything to make things easier.” We could do that, but if we did, we would need to have zero tariffs for every single country, because to do the contrary would be against WTO rules. What would that do to manufacturing in various parts of the economy and to agriculture, which would be suffering from the consumer shock of a no-deal Brexit? There are other areas not covered by WTO rules. I am sure that we could work those out over time, but they would need to be negotiated with the European Union, and how easy would the negotiation be if we had walked away from the withdrawal agreement and refused to pay the money and fulfil our agreed obligations?
Some suggest that this agreement puts us in a poor negotiating position, and I think it is fair to say that it will be a difficult negotiating position. We are one country against 27. That will be difficult. It will also be difficult to get the 27 to agree, because they will have divergent interests, but that was always going to be the case, whether it is a WTO exit or a negotiated exit such as this. In my last seconds, I would like to urge the Government to speak to Members across the House if this deal does not succeed and consider—
Oral Answers to Questions
John Bercow Excerpts(6 years ago)
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George Hollingbery
I apologise, Mr Speaker—I was not listening carefully to the question. I am told by my Front-Bench colleagues that the answer is yes and yes.
Mr Speaker
I think we appreciate the Minister’s candour. There was no dissembling there, and we thank him for that.
Nick Smith (Blaenau Gwent) (Lab)
Merry Christmas to everybody.
Will the Minister confirm that any future trade agreements will not undermine current environmental and animal welfare standards?
Dr Fox
Were there to be no deal, that would be a problem for the export of sheepmeat to Europe, so there is one clear answer available to the right hon. Gentleman, which is to support the Government’s proposal, which will enable his constituents to get the market assuredness that they want.
May I finish by wishing you, Mr Speaker, the Members of the House and particularly the staff of the House of Commons a very happy Christmas? Earlier the shadow Secretary of State mentioned the words about the wise men that we heard in Prayers this morning. We would do well to remember that if the wise men had not been carrying cross-border commodities of gold, frankincense and myrrh, we might not be getting the same messages we get today.
Victoria Atkins
I must declare an interest, because I own the most beautiful cat in the world.
I am delighted to hear of that organisation and the work that it does. It is a fantastic charity, and I think I should visit it as a priority, as part of not only my Home Office role but my ministerial cat responsibilities.
Victoria Atkins
Her full name, as given by my four-year-old at the time, is Gaston the Turbo Snail. [Laughter.]
Mr Speaker
I wonder why I did not know that. I am as near to speechless as I have ever been.
Helen Hayes (Dulwich and West Norwood) (Lab)
Several hon. Members rose—
Mr Speaker
We are, as colleagues can see, running late, but there is no particular pressure on time today and I would like to accommodate remaining colleagues.
Wera Hobhouse (Bath) (LD)
The Minister will know that recently I got involved in tackling this vile practice of sex for rent, and we all understand it is a complex problem. I am grateful for the review of the guidelines and that new guidelines are going to be issued to the Crown Prosecution Service in the new year, but will he consider a review that actually looks at the complex problems that lead to the fact that this vile practice continues to be widespread, although it is a criminal offence?
Penny Mordaunt
That is an incredibly good suggestion. I have had discussions with Mr Speaker about the opportunities that the refurbishment of this Palace presents us with. I hope that all Members, who I know care deeply about these issues, with many having signed up to be Disability Confident employers and wanting to help that agenda, will see that that is another way in which we as individuals help to provide support.
Royal Assent
Mr Speaker
I have to notify the House, in accordance with the Royal Assent Act 1967, that Her Majesty has signified her Royal Assent to the following Acts and Measures:
Civil Liability Act 2018
Ivory Act 2018
Health and Social Care (National Data Guardian) Act 2018
Prisons (Interference with Wireless Telegraphy) Act 2018
Courts and Tribunals (Judiciary and Functions of Staff) Act 2018
Homes (Fitness for Human Habitation) Act 2018
University of London Act 2018
Ecumenical Relations Measure 2018
Church of England (Miscellaneous Provisions) Measure 2018
Church Property Measure 2018
Church of England Pensions Measure 2018.
Oral Answers to Questions
John Bercow Excerpts(6 years, 1 month ago)
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Dr Fox
The United Kingdom is committed to the joint comprehensive plan of action, and we want Iran to derive the economic benefits of that agreement. As the hon. Gentleman knows, there are two particular difficulties for British companies. One is access to finance for doing business in Iran, and the second is that it is often difficult for companies to know who the end point they are dealing with is, and whether they may in fact be part of the regime that would require sanctions to be applied. We work with British businesses to try to help them, but we understand that it is a real minefield.
Neil Parish (Tiverton and Honiton) (Con)
Angela Crawley (Lanark and Hamilton East) (SNP)
A number of single parents have accessed the advance payment service under universal credit. However, as a result, they have found that the payments are required to be repaid in 15 months, or with 40% of their entitlement reclaimed. What will the Government do to ensure that many are not falling further into financial hardship as a result of advance payments under universal credit?
Mr Speaker
I am extremely grateful to the hon. Lady. The only difficulty with her question is that it does not seem altogether aligned with, or even adjacent to, the subject matter on the Order Paper. Her supplementary question would have been entirely pertinent to Question 2, but I am going to imagine that she has a great interest in section 106 of the Equality Act and that there is some sort of link, unknown to me but known to clever people like Ministers.
Victoria Atkins
I am very interested by the hon. Lady’s question—I am so interested that I am going to ask the responsible Minister to write to her in due course. But I make the point that the more female Members of Parliament we have in the House, the more they can scrutinise this legislation.
Mr Philip Hollobone (Kettering) (Con)
What justification is there for an eight-year delay in the implementation of section 106?
Victoria Atkins
The Government have kept that under review, but, as I said earlier, it is also for political parties themselves to act on it, so I am pleased that the Conservative party is looking into how we can gather the evidence in order to improve diversity in our candidates list.
Mr Speaker
Order. There is a certain amount of gesticulation from a sedentary position. I do not know whether the hon. Member for Airdrie and Shotts (Neil Gray) is signalling that the hon. Member for Lanark and Hamilton East (Angela Crawley) wanted to come in on Question 2. I am sorry if she has been inconvenienced, but she needed to bob on Question 2, not Question 3. But never mind; she has made her point with considerable force and alacrity, and it is on the record. I would call her again, but she is entitled to only one. However, she has made her point very clearly, and we are extremely grateful.
Christian Matheson (City of Chester) (Lab)
Penny Mordaunt
I know my duty, and at 10 am this morning, it was to be in this House answering questions. [Interruption.]
The Minister for Women and Equalities (Penny Mordaunt)
As a result of meeting the commitments to raise the personal allowance to £12,500 and the higher rate threshold to £50,000 one year early, 13.6 million women will see their income tax bill reduced in 2019-20 and 1 million women will be taken out of income tax altogether.
Sandy Martin
Thank you very much for allowing me a supplementary question, Mr Speaker. What steps are the Government taking to address the pensions inequality faced by older women affected by the rise in the state pension age?
Penny Mordaunt
I will be making an announcement on this in my topical questions statement. It is important that the Government Equalities Office, which has rightly concentrated on executive women and women in the workplace, should broaden the scope of its work to look at wider issues, including the financial fragility of some women.
Mr Speaker
My apologies to the hon. Member for Ipswich (Sandy Martin). I was trying to do three things at once, unsuccessfully.
Alan Mak (Havant) (Con)
Oral Answers to Questions
John Bercow Excerpts(6 years, 3 months ago)
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Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
I do not know whether the Secretary of State listens to my favourite programme in the morning, “Farming Today”, but is he aware that, following the publication yesterday of the Agriculture Bill, there is a great deal of concern in the farming community about the Bill and about the possibility of having a decent trading relationship, with high-technology components, after Brexit?
Dr Fox
Thank you, Mr Speaker; I was wondering whether there was going to be even a tentative link to the question. The tech hub is there to help British businesses to get access to the innovations that come out of Israel across a range of sectors. It is worth pointing out that Israel is an extraordinarily innovative country and has more start-ups per capita than any other country on the planet. Where we can get UK businesses across a range of sectors to get access to such innovation, it is always a positive outcome.
Several hon. Members rose—
Mr Speaker
I have to keep up with the propensity of colleagues one moment to bob and then to cease to bob, but Chichester is bobbing again and should be heard—Gillian Keegan.
Gillian Keegan (Chichester) (Con)
Work coaches are critical to the success of the roll-out of universal credit, and the team in Chichester are brilliant, but can my hon. Friend outline what training is available specifically to help work coaches to support women and to spot the underlying issues that victims of domestic violence may be suffering from?
Mr Speaker
I enjoyed the hon. Gentleman’s civil partnership ceremony which, if memory serves me correctly, took place on 27 March 2010.
Wera Hobhouse (Bath) (LD)
Several hon. Members rose—
Mr Speaker
Order. I am sorry, but we are running very late. I must ask colleagues to put single-sentence questions, and let us also have very brief replies.
Danielle Rowley (Midlothian) (Lab)
Victoria Atkins
I commend the hon. Lady for all the campaigning and other work she has done to stand up for her constituents and those visiting her constituency for the services provided by the clinic there. I am of course happy to meet her and the Chair of the Home Affairs Committee to discuss this issue further. We will keep it under review. We are particularly interested to see how the public spaces protection order in Ealing is working. We understand from Marie Stopes that it considers it to be working well, but of course we will keep it under review.
Royal Assent
Mr Speaker
I have to notify the House, in accordance with the Royal Assent Act 1967, that the Queen has signified her Royal Assent to the following Acts:
Taxation (Cross-border Trade) Act 2018
Assaults on Emergency Workers (Offences) Act 2018
Parental Bereavement (Leave and Pay) Act 2018.
Trade Bill
John Bercow ExcerptsTuesday 17th July 2018
(6 years, 5 months ago)
Commons ChamberRead Full debate Trade Bill 2017-19 View all Trade Bill 2017-19 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 17 July 2018 - (17 Jul 2018)
Mr Speaker
In calling the Minister to move the new clause—he is one of the most courteous Members of the House and therefore it may seem almost unnecessary to say this—I simply ask, not least in the light of what the Father of the House has just said, that he recognise that, although of course he must set out the Government’s position, possibly on a miscellany of different matters, we are short of time and that others wish to speak. In all propriety, if this debate is to be meaningful, they must be able to do so.
The Minister for Trade Policy (George Hollingbery)
I beg to move, That the clause be read a Second time.
Mr Speaker
With this it will be convenient to discuss the following:
Government new clause 13.
Government new clause 14.
New clause 3—Free trade agreements: Parliamentary scrutiny and consent—
“(1) The Secretary of State shall not commence negotiations relating to a free trade agreement unless—
(a) a Minister of the Crown has laid before Parliament a sustainability impact assessment conducted by a credible body independent of government following consultation with—
(i) each devolved authority,
(ii) public bodies, businesses, trade unions and non-governmental organisations which, in the opinion of the Minister, have a relevant interest, and
(iii) the public,
and the assessment shall include both qualitative and quantitative assessments of the potential impacts of the proposed trade agreement, including social, economic, environmental, gender, human rights, labour, development and regional impacts,
(b) a Minister of the Crown has laid before Parliament a draft of a negotiating mandate relating to the proposed trade agreement, setting out—
(i) all fields and sectors to be included in the proposed negotiations,
(ii) the principles to underpin the proposed negotiations,
(iii) any limits on the proposed negotiations, and
(iv) the desired outcomes from the proposed negotiations, and
(c) the House of Commons has approved by resolution a motion, drafted in terms which permit amendment, setting out a proposed negotiating mandate and authorising the Secretary of State to enter negotiations on the proposed trade agreement on the basis of that mandate, and the House of Lords has approved a resolution in the same terms as that approved by the House of Commons.
(2) The United Kingdom may not become a signatory to a free trade agreement unless—
(a) during the course of the negotiations, the text of the trade agreement as so far agreed or consolidated has been made publicly available within ten working days of the close of each negotiating round,
(b) between each round of negotiations, all documents relating to the negotiations have been made available for scrutiny by select committees in both Houses of Parliament,
(c) upon conclusion of the negotiations, the House of Commons has approved by resolution a motion, drafted in terms which permit amendment, setting out the text of the trade agreement as negotiated and authorising the Secretary of State to sign the proposed agreement, and the House of Lords has approved a resolution in the same terms as that approved by the House of Commons, and
(d) the text of the trade agreement includes provision for a review of the operation and impacts of the agreement no later than ten years after the day on which the agreement comes into force.”
This new clause would ensure that all new free trade agreements are subject to parliamentary scrutiny and consent.
New clause 6—Regulations: Parliamentary procedure—
“(1) If the Secretary of State considers it appropriate to proceed with the making of regulations of a type which fall under section 2(4A)(a) or (b)), he or she must lay before Parliament—
(a) a draft of the regulations, and
(b) an explanatory document.
(2) The explanatory document must—
(a) explain under which power or powers in this Act the provision contained in the regulations is made;
(b) introduce and give reasons for the provision;
(c) identify and give reasons for—
(i) any functions of legislating conferred by the regulations; and
(ii) the procedural requirements attaching to the exercise of those functions;
(d) contain a recommendation by the Secretary of State as to which of the following should apply in relation to the making of regulations pursuant to the draft regulations—
(i) the negative resolution procedure (see subsection (6)) or
(ii) the affirmative resolution procedure (see subsection (7)); and
(e) give a reason for the Secretary of State’s recommendation.
(3) Where the Secretary of State’s recommendation under subsection (2)(d) is that the negative resolution procedure should apply, that procedure shall apply unless, within the 20-day period, either House of Parliament requires that the affirmative resolution procedure shall apply, in which case that procedure shall apply.
(4) For the purposes of this paragraph a House of Parliament shall be taken to have required a procedure within the 20-day period if—
(a) that House resolves within that period that that procedure shall apply; or
(b) in a case not falling within subsection (4)(a), a committee of that House charged with reporting on the draft regulations has recommended within that period that that procedure should apply and the House has not by resolution rejected that recommendation within that period.
(5) In this section the ‘20-day period’ means, for each House of Parliament, the period of 20 days on which that House sits, beginning with the day on which the draft regulations were laid before Parliament under subsection (1).
(6) For the purposes of this section, the ‘negative resolution procedure’ in relation to the making of regulations pursuant to a draft of the regulations laid under subsection (1) is as follows—
(a) the Secretary of State may make regulations in the terms of the draft regulations subject to the following provisions of this subsection;
(b) the Secretary of State may not make regulations in the terms of the draft regulations if either House of Parliament so resolves within the 40-day period;
(c) for the purposes of this paragraph regulations are made in the terms of the draft regulations if they contain no material changes to the provisions of the draft regulations; and
(d) in this subsection the ‘40-day period’ means, for each House of Parliament, the period of 40 days on which that House sits, beginning with the day on which the draft regulations were laid before Parliament under subsection (1).
(7) For the purposes of this section the ‘affirmative resolution procedure’ in relation to the making of regulations pursuant to a draft of the regulations being laid under subsection (1) is as follows—
(a) the Secretary of State must have regard to—
(i) any representations;
(ii) any resolution of either House of Parliament; and
(iii) any recommendations of a committee of either House of Parliament charged with reporting on the draft regulations, made during the 40-day period with regard to the draft regulations;
(b) if, after the expiry of the 40-day period, the Secretary of State wishes to make regulations in the terms of the draft, he must lay before Parliament a statement—
(i) stating whether any representations were made under subsection (7)(a)(i); and
(ii) if any representations were so made, giving details of them;
(c) the Secretary of State may after the laying of such a statement make regulations in the terms of the draft if they are approved by a resolution of each House of Parliament;
(d) if, after the expiry of the 40-day period, the Secretary of State wishes to make regulations consisting of a version of the draft regulations with material changes, he must lay before Parliament—
(i) revised draft regulations; and
(ii) a statement giving details of—
(a) any representations made under subsection (7)(a)(i); and
(b) the revisions proposed;
(e) the Secretary of State may, after laying revised draft regulations and a statement under sub-paragraph (d), make regulations in the terms of the revised draft if they are approved by a resolution of each House of Parliament;
(f) for the purposes of sub-paragraph (e) regulations are made in the terms of the draft regulations if they contain no material changes to the provisions of the draft regulations; and
(g) in this paragraph the ‘40-day period’ has the meaning given by subsection (6)(d).
(8) The provisions of this section shall apply to all agreements for which regulations would be of a type which falls under section 2(4A)(a) or (b)), notwithstanding that they constitute retained EU law and may be governed by the provisions of the European Union (Withdrawal) Act 2018 or any other legislation with regard to Parliamentary scrutiny of regulations under this Act.”
This new clause would set up a triage and scrutiny system under the control of Parliament for determining how Orders under Clause 2 will be dealt with, in circumstances when the new UK FTA or international trade agreement is not in the same terms as the existing EU FTA or international trade agreement.
New clause 16—Transparency in trade negotiations—
“(1) The Secretary of State shall not make regulations under section 2(1) of this Act for the implementation of an international trade agreement (subject to sections 2(3) and 2(4)) unless the condition in subsection (2) of this section has been complied with.
(2) The condition is that the Secretary of State has provided to Members of both Houses of Parliament any information specified in subsection (3) relating to the agreement, within seven days of any meeting to which subsection (3)(a) applies.
(3) The information is—
(a) minutes of any meeting, whether formal or informal, between a representative of the United Kingdom and a representative of any other signatory state to discuss the agreement;
(b) any points of divergence between the terms of the proposed agreement between the United Kingdom and the other signatory (or each other signatory) and the terms of the agreement in place before exit day between the European Union and the other signatory (or each other signatory), that were discussed at the meeting; and
(c) measures that the Secretary of State considers will be necessary in consequence of any points of divergence under paragraph (b) of this subsection.
(4) The Secretary of State may specify conditions under which the information shall be made available under subsection (2).”
This new clause would require the Secretary of State to give MPs and Peers access to details of negotiations towards trade agreements with third countries if and when third countries seek changes to existing bilateral trade deals which the UK currently has through the EU.
New clause 20—Approval of negotiating mandates (devolved authorities)—
“(1) No negotiation towards an agreement that falls within section 2(2) shall take place unless—
(a) a draft negotiating mandate in respect of that agreement has been laid before—
(i) a committee including representatives from each devolved authority and constituted for the purpose of considering the draft, and
(ii) each devolved legislature,
and
(b) the draft negotiating mandate has been approved by resolution of—
(i) the committee constituted under (1)(a)(i) and
(ii) each devolved legislature.
(2) The committee in (1) shall be called the ‘Joint Ministerial Committee on Trade’ (‘JMCT’) and—
(a) may not approve a draft mandate other than by consensus,
(b) shall have the power to make its own standing orders,
(c) may include a Minister of the Crown or representative thereof,
(d) may be consulted on a draft mandate before it is finalised (but in such a case must also approve the finalised version), and
(e) shall only include a representative of a devolved authority if that representative has been appointed by the relevant devolved executive.
(3) The ‘devolved legislatures’ are—
(a) the Scottish Parliament,
(b) the Welsh Assembly, and
(c) the Northern Ireland Assembly.
(4) The devolved legislatures shall approve the draft mandate according to their own standing orders.
(5) If the negotiating mandate changes substantively during the process of negotiations then negotiations shall not proceed until the revised mandate has been approved by the JMCT.
(6) Each person who is—
(a) a member of the JMCT, or
(b) a Minister of the Crown
must co-operate with every other person who is within subsection (a), or (b) in any activity that relates to the drafting of a negotiating mandate as referred to in subsection (1).
(7) In particular, the duty imposed by subsection (6) requires a person—
(a) to engage constructively, actively, and on an ongoing basis in any process by means of which a negotiating mandate as referred to in subsection (1) is prepared; and
(b) to have regard to representations by any member of the JMCT or of a devolved executive in any process by means of which a negotiating mandate as referred to in subsection (1) is prepared.
(8) The ‘devolved executives’ are—
(a) the Scottish Government,
(b) the Welsh Government, and
(c) the Northern Ireland Executive.”
This new clause would ensure that any negotiating mandate is first approved by the devolved legislatures and creates a joint ministerial committee to encourage co-operation between the devolved administrations and the UK Government in drafting the negotiating mandates. It imposes a duty of co-operation on all parties in the preparation of the negotiating mandate.
New clause 22—Right of devolved legislatures to scrutinise trade negotiations—
“(1) A Minister of the Crown shall provide a devolved authority with such information relating to an agreement falling within section 2(2) as is reasonably necessary for the purpose of subjecting that agreement to scrutiny in relation to—
(a) all areas of that devolved authority’s competence; and
(b) anything falling outside an area of that devolved authority’s competence but having an impact within the territory over which that devolved authority presides.
(2) The information in (1)—
(a) shall be provided at the request of a devolved authority;
(b) may relate to international trade agreements at any stage of development including—
(i) before negotiations begin,
(ii) during negotiations,
(iii) after negotiations have been completed.
(3) An appropriate authority shall not rely on Part II of the Freedom of Information Act 2000 in relation to a request made under this section.
(4) If information requested by a devolved authority would fall within Part II of the Freedom of Information Act 2000, a Minister of the Crown may provide it exclusively to a committee of the relevant devolved legislature.
(5) A Minister of the Crown shall adhere to any reasonable time limit placed by a devolved authority on the provision of information under this section.”
This new clause would ensure that the devolved legislatures will have sufficient information to effectively scrutinise trade agreements and negotiations, without compromising negotiations or sensitive information.
New clause 23—Devolved consent—
“(1) No agreement that falls within section 2(2) shall be ratified without the consent of the devolved legislatures to any parts of that agreement that fall within subsection (3) of this section.
(2) The ‘devolved legislatures’ are—
(a) the Scottish Parliament,
(b) the Welsh Assembly, and
(c) the Northern Ireland Assembly.
(3) The parts of an agreement to which the devolved legislatures must consent are—
(a) any part concerning an issue that falls within the competence of a relevant devolved authority as defined in paragraph 7 of Schedule 1, and
(b) any part concerning an issue not falling within subsection (3)(a) but having an impact within the territory over which the relevant devolved authority presides.”
This new clause would create a right for the devolved legislatures to approve those aspects of an ITA that fall within their competence.
New clause 24—Review of international trade agreements (devolved authorities)—
“(1) No agreement that falls within section 2(2) of this Act shall be ratified unless it complies with subsection (2) of this section.
(2) An agreement that falls within section 2(2) shall include a clause which provides for that agreement to be—
(a) submitted for review by the appropriate bodies after five years from the date of ratification,
(b) submitted for review by the appropriate bodies every five years after the first review, and
(c) ended or amended based on the outcome of the reviews in subsections (2)(a) or (2)(b),
without sanction under the agreement.
(3) For the purposes of (2) the ‘appropriate bodies’ are—
(a) the UK Parliament,
(b) the Scottish Parliament,
(c) the Welsh Assembly, and
(d) the Northern Ireland Assembly.
(4) The appropriate bodies shall determine the procedure for the review in subsection (2) according to their own standing orders.
(5) Each international trade agreement shall be submitted to a review by the appropriate bodies according to the terms in subsection (2).
(6) A Minister of the Crown shall have regard to any representations made by an appropriate body resulting from a review undertaken under this section.”
This new clause would provide for Parliament and the devolved legislatures to review a trade agreement every five years and for the UK to bring an end to that trade agreement based on the outcome of those reviews without sanction under the agreement.
Government amendments 36 and 37.
Amendment 6, in clause 2, page 2, line 20, at end insert “, and”.
This amendment would provide that the Henry VIII provisions in Clause 2 may only be used when a new UK free trade agreement is in the same terms as an existing EU free trade agreement.
Government amendments 38 and 39.
Amendment 7, in clause 2, page 2, line 29, at end insert “, and”.
This amendment would provide that the Henry VIII provisions in Clause 2 may only be used when a new UK international trade agreement is in the same terms as an existing EU international trade agreement.
Amendment 8, in clause 2, page 2, line 29, at end insert—
“(4A) In circumstances where—
(a) a free trade agreement in respect of which regulations are to be made does not make the same provision, subject only to necessary changes in terminology, as a free trade agreement referred to in subsection (3)(a) or (b); or
(b) an international trade agreement in respect of which regulations are to be made does not make the same provision, subject only to necessary changes in terminology, as an international trade agreement referred to in subsection (4)(a) or (b);
an appropriate authority must not make regulations under subsection (1) unless the requirements of section [Regulations: Parliamentary procedure] have been met.”
Government amendment 42.
Amendment 19, in clause 2, page 2, line 40, at end insert—
“(a) No regulations may be made under subsection (1) in respect of a free trade agreement unless the text of that agreement has been subject to consultation prior to its ratification by Parliament, in line with any guidance or code of practice on consultations issued by Her Majesty’s Government.
(a) A consultation under paragraph (a) shall actively seek the views of—
(i) Scottish Ministers,
(ii) Welsh Ministers,
(iii) a Northern Ireland department,
(iv) representatives of businesses and trade unions in sectors which, in the opinion of the Secretary of State, are likely to be affected by the proposed free trade agreement, and
(v) any other person or organisation which appears to the Secretary of State to be representative of interests affected by the proposed free trade agreement, including local authorities.”
This amendment would require the Government to have published the text of each UK free trade agreement and opened it to consultation with business, trade unions, the devolved administrations and other parties prior to its ratification.
Government amendment 4.
Amendment 9, in schedule 2, page 12, line 5, after “2(1)” insert
“(unless the regulations are of a type which fall under section 2(4A)(a) or (b))”.
This amendment is consequential on NC6.
Amendment 2, in schedule 2, page 12, line 6, at end insert—
“(1A) A statutory instrument containing regulations of a Minister of the Crown under section 2(1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
Government amendments 71 to 74.
Amendment 10, in schedule 2, page 12, line 20, at end insert
“(unless the regulations are of a type which fall under section 2(4A)(a) or (b))”.
This amendment is consequential on NC6.
Government amendments 75 and 79.
George Hollingbery
I am delighted to tell you, Mr Speaker, that I can accord with your wishes and those of my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke).
The Government have been consistently clear that the priority for the UK’s existing trade relationships as we leave the EU is continuity. Our partner countries are clear on that, too, and this Bill is about continuity. Specifically, clause 2 creates a power to help with the implementation of obligations of the trade agreements that we are seeking to transition into UK-only agreements as we leave the EU. I recognise that Members are seeking reassurance that the Government will be transparent about the content of these transitioned agreements and about what might need to change to deliver this continuity, which we have championed for so long.
Indeed, I understand the purpose of the new clause 6 and the associated amendments, tabled in the names of my hon. Friends the Members for Huntingdon (Mr Djanogly), for Wimbledon (Stephen Hammond) and for Bromley and Chislehurst (Robert Neill). My predecessor, my right hon. Friend the Member for Chelsea and Fulham (Greg Hands), and I held constructive discussions with my hon. Friend the Member for Huntingdon to ascertain how best we could help that transparency. As a result, the Government have tabled new clauses 12 to 14 and amendments 4, 36 to 39, 42, 71 to 75 and 79. I will now explain them in a little detail.
New clause 12 and the associated Government amendments will place a duty on Ministers to lay a report in both Houses of Parliament. This report will explain any changes made to the continuity agreements when compared with the existing EU third country agreements. The report will be laid in Parliament before the continuity agreements are ratified or at least 10 Commons sitting days before any implementing regulations are laid under clause 2, whichever comes first. We want these reports to be as helpful as possible. That is why they will signpost any significant changes being made, to ensure that existing trade agreements can function effectively in the UK-only context. Implementing regulations made under clause 2 will also now be subject to the affirmative resolution process, which will further enhance parliamentary scrutiny. I have also committed that, for each statutory instrument made under the clause 2 power, the accompanying explanatory memorandum will be explicit in referencing which of the changes identified in the report it plays a part in implementing.
With amendments 44 to 47, we are reducing from five years to three years the length of the period for which the implementing power can be used. The period will be renewable by agreement in both Houses of Parliament.
I hope that my hon. Friend the Member for Huntingdon agrees that these amendments address the spirit of the issues he was seeking clarity on and provide enhanced parliamentary scrutiny.
Several hon. Members rose—
Mr Speaker
Order. In calling in a moment the hon. Member for Brighton, Pavilion (Caroline Lucas), principally to speak to her new clause and in the knowledge that she is a celebrated and award-winning parliamentarian, I feel that I can say with total confidence that she will require no longer than five minutes to make her case.
Caroline Lucas (Brighton, Pavilion) (Green)
Indeed, I do rise to speak to new clause 3, which is in my name and signed by more than 50 Members of the House from four different parties, and I give notice that I would like to move it when it comes to the votes.
This amendment essentially seeks to remedy the Bill’s failure to provide for a proper role for parliamentarians in the scrutiny and approval of trade agreements. At present, trade agreements can be negotiated, or renegotiated as is likely to be the case with many of the existing EU trade deals covered by this Bill, entirely under royal prerogative powers, essentially giving the Government free rein to decide when and with whom to start negotiations, to set their own priorities and objectives, to conduct the negotiations in great secrecy, and to conclude the deal without any meaningful parliamentary scrutiny. That not only sidelines Members of this House, but it prevents valuable input by civil society organisations and the wider public. This Bill is supposed to help implement an independent trade policy following withdrawal from the EU, but it does nothing to put in place the kind of scrutiny and approval framework that should be required for an accountable trade policy in a modern democratic country. And this is the only legislative opportunity we are likely to have to put such a framework in place.
In his statement yesterday, the Secretary of State for International Trade once again sought to make a distinction between replacements for existing EU trade deals and future trade deals, but the fact is that effective parliamentary scrutiny and approval is needed for both, for it is increasingly clear that, contrary to the hope of Ministers, it is not going to be a simple case of transitioning, or “rolling over,” existing EU trade deals. Some or all of the countries in question are not simply going to be content to continue with the existing arrangements, and Ministers will have little choice but to negotiate a replacement deal. So while yesterday’s statement by the Secretary of State must be welcomed for its clear, if somewhat overdue, recognition of the current democratic deficit in the making of trade deals and the need to correct that if we are to have a modern, transparent and accountable trade policy, it needs to be applied much more fully and more extensively.
Unfortunately, the package of proposals set out yesterday falls well short of what is required, both because it does not apply to the existing EU trade deals covered by this Bill and because it does not go far enough. For example, it is welcome that the Secretary of State proposes a process for Ministers to set out their ambitions before embarking on a new set of negotiations, including scoping assessments, and the commitment to publish impact assessments is also a step forward, but the reality is that recent impact assessments by the Government on trade have focused purely on the impact for exporters, without taking into account at all the wider economic impacts, let alone social, environmental, gender and regional impacts and the effects on workers’ rights. So we need to see a much stronger commitment to transparency.
Most significantly of all, the Secretary of State’s proposals fail to give Parliament meaningful oversight of new trade deals. For that to happen, Members of this House need a guaranteed vote on the deal that emerges from the negotiations. Without that, all the other measures proposed by the Secretary of State yesterday risk being little more than window-dressing.
The Secretary of State contends that the Constitutional Reform and Governance Act 2010 is all that is needed. However, that process is an utterly inadequate rubber stamp: it gives Parliament a right to say whether a new trade deal should or should not be ratified, but does not enable Parliament to propose modifications. Moreover, as we know to our detriment time and again, Ministers can and do simply overrule Parliament and ratify the trade deal despite Parliament’s objections. In contrast, Members of both the European Parliament and the US Congress get an automatic vote. If this issue is about taking back control, why do we not take back some control in this Chamber and make sure we get the same kind of vote that other legislatures with whom we will be negotiating do?
Trade deals are not simply commercial negotiations; they are public policy negotiations and should be treated as such. Transparency, scrutiny and parliamentary approval should be embraced, not treated as a risk.
Several hon. Members rose—
Mr Speaker
Order. We are very constrained for time, and I know that the hon. Member for Gloucester (Richard Graham)—great diplomat of international renown that he is—will not absorb the House’s attention for more than five minutes, but we will savour those five minutes.
Richard Graham (Gloucester) (Con)
Thank you, Mr Speaker. I welcome the Minister’s announcement that today’s debate is about continuity and transparency, but the truth is that it is laced with a cocktail of amendments with very different agendas. The two most popular agendas represent attempts to lock us into either the or a customs union, as in new clause 5, or to secure a customs union were the negotiations to fail to secure frictionless FTAs, which is in new clause 18. That would be the clearest invitation to the European Union to refuse those negotiations. The third one—[Interruption.] Be patient.
Geraint Davies
The hon. Gentleman is referring to new clause 18, which is in the next group. We have limited time and he is talking about the wrong section of the Bill.
Mr Speaker
Forgive me; because I was engaged in discussions at the Chair, I did not notice that. The hon. Member for Gloucester (Richard Graham) must focus with razorlike precision on the matters in this group. If he does not wish to do so, he must wait until we are discussing another group. If he can find a way of delicately relating his concerns to the group with which we are dealing, rather than one with which we are not, that would be in order.
Richard Graham
Thank you, Mr Speaker. If the hon. Member for Swansea West (Geraint Davies) had waited but two seconds, he would have realised that I was precisely there with my third illustration of today’s agendas: the attempts to avoid free trade agreements altogether, of which new clause 3 is the most striking example, or to scrutinise them to death, as set out in new clause 20.
I wish to linger on new clause 3. It may appear to those outside this House that it contains reasonable requirements. It states that Ministers of the Crown should lay a draft of the negotiating mandate, setting out fields, sectors, principles, limits and desired outcomes of agreements that may well be an exact and absolute rollover of existing agreements that were negotiated decades ago. The truth is that this is the “we do not want any free trade agreements” clause. It would frankly be absurd to pretend that we could ever get anything done, given the requirement to ensure that
“between each round of negotiations”
of some 40 agreements
“all documents relating to the negotiations have been made available for scrutiny by select committees”,
unnamed and unnumbered. Those who drafted that new clause would clearly have been against the anti-corn laws of 1832 and against Adam Smith’s “The Wealth of Nations”. They would be against this country actually receiving anything at all in trade, specifically if we manufactured or produced it here in this country. Micro-management would run riot, and it would mean the end of all free trade agreements for all time. I therefore completely reject that approach.
My second point is that what we are talking about tonight ultimately comes down to difficult decisions about what type of nation we want to be when we leave the European Union. It has always been clear to me that if we are to leave the EU, we cannot stay in the or a customs union. It is bizarre that some Opposition Members do not see that our inability to decide our trade preferences, particularly with the poorer nations of the world that are currently disfavoured under the common external tariff regime, could not be significantly improved by having our own free trade agreements.
The next point—the right hon. Member for Twickenham (Sir Vince Cable) is a classic example of this particular school of thought—is that we will not be able to negotiate effective free trade agreements on our own once we have left the European Union and the customs union. I urge all those in this House who believe that to look closely at the potential of the Trans-Pacific Partnership and the warm interest from all those involved in that complicated and important agreement in an area of vital growth to the world. The opportunity for us there is significant. We should not listen to those who put up new clauses that would get rid of free trade agreements forever, and we should seize the opportunities that leaving the customs union will offer us if we are to leave the European Union, which we are.
Angus Brendan MacNeil
The hon. Gentleman is fantastic in making the fundamental point that the rest of the world is in regional trade agreements. He is just about correct. Only five countries are not in regional trade agreements, which is what the UK is heading towards: East Timor, Somalia, South Sudan and, we think, Mauritania—
Mr Speaker
Order. We do not have time for these long interventions. Short question, one sentence. Thank you.
Angus Brendan MacNeil
Does the hon. Member for Stafford (Jeremy Lefroy) think it is incumbent on the UK to think again about being in that company?
Mr Chris Leslie (Nottingham East) (Lab/Co-op)
This group of amendments is about parliamentary scrutiny, and in a way it is a shame that some on this subject are in later groups. The key thing I want is to ensure that appointments to the Trade Remedies Authority are subject to confirmation by the International Trade Committee in the same way that the Treasury Committee has confirmation hearings on the Monetary Policy Committee and the Financial Policy Committee.
New clause 12 gives me a little tickle, a little laugh, because it says that Ministers will now come to report to the House when there are any significant differences in the free trade agreements we have as a member of the EU that will be rolled over. Apparently the agreements will be cut and pasted, and it was only at last year’s Conservative party conference that the Secretary of State for International Trade himself promised that, one second after midnight, all 40 agreements will be rolled over and available from March 2019. Well, it has not quite been going his way, because the Government have not got a single other jurisdiction to sign up legally to doing that.
Several hon. Members rose—
Greg Hands
I welcome the return of the Bill to the House and, perhaps not surprisingly, I support the Government’s approach, having been the Minister responsible for the Bill until about three weeks ago. I commend the approach taken by my successor in moving a number of these issues forward, particularly in his discussions with my hon. Friend the Member for Huntingdon (Mr Djanogly).
Parliamentary scrutiny is crucial for trade agreements, and we have seen the difficulties in recent years with trade agreements that have been insufficiently scrutinised, or where there was a feeling that there had been insufficient scrutiny—the Transatlantic Trade and Investment Partnership perhaps being the most important example.
I very much welcome the Secretary of State’s proposals yesterday for the scrutiny of new trade agreements. Returning to where we started, it is vital to distinguish between the 40-plus existing EU trade agreements and what may happen for future agreements. No one should underestimate the importance of those EU agreements. With Japan being in scope, too, the volume of our trade that is done with countries for which there is an EU trade agreement—that is not the same as saying the volume of trade that is dependent on those agreements—rises to around 16%, which is an incredibly important part of our trade. As we know, none of these countries is in principle opposed to doing and rolling over these agreements. I have had productive talks with South Korea and South Africa, as I am sure my successor has. Various memorandums have been signed agreeing to transition these agreements. So I refer anybody who says that these countries have problems doing that to those agreements that were signed, for example, the one signed with the South African Trade Minister, Rob Davies.
I welcome the approach taken by my hon. Friend the Member for Huntingdon and his agreement that we are now satisfied with and have coalesced around new clauses 12, 13 and 14. We are always trying to get a balance between ensuring that any significant change to a trade agreement is scrutinised by Parliament and not creating a laborious and cumbersome procedure that would potentially jeopardise the future of one or more of those 40-plus agreements. I am delighted that we seem to have reached that agreement. I have visited businesses that are directly impacted by some of these agreements, including the Ford factory just outside Johannesburg, which is very dependent on the EU-South African Development Community agreement, in terms not just of taking components for vehicles from the UK to South Africa, but exporting finished vehicles to the EU. The business voice is very much saying that it wants these agreements to continue—that is business’s principal concern.
Finally, I wish to argue against new clauses 3 and 16, and other proposals that seek to legislate now for future trade agreements. It is only fair that we look at the proposals made by the Secretary of State yesterday in this House and do not prejudge them by passing legislation today, as it would have an impact on future trade agreements. We must make sure we listen to all voices, so that they are included in consideration of where we take future trade agreements.
Several hon. Members rose—
Mr Speaker
Order. I want to call the Minister to wind up at 3.25 pm, and I hope that the hon. Member for Bath (Wera Hobhouse) will take account of that.
Wera Hobhouse (Bath) (LD)
Thank you, Mr Speaker. This Bill would not be needed if we remained in the customs union. The Government are repeating, like an old record, that, “Leaving the EU will transform us into global Britain, striking trade deals around the world. While striking them, we just carry over existing deals.” How realistic is that? Outside the EU, Britain is a much less attractive trading partner. Businesses invest in Britain because we are an entry point to the European market and the single market. Is it reasonable to think that the UK can negotiate alone the same deals it can when part of a bloc of 28 countries? Although some countries have indicated they are prepared to copy and paste over existing deals, others will be watching and waiting, reserving judgment to see exactly what access the UK will have to the EU after Brexit. For that reason, we simply cannot accept that existing trade deals will be copied and pasted; significant changes will come along.
I am pleased that the Government have recognised that Parliament needs some say in the matter by tabling amendment 75 and accepting my amendment 4. However, the Government’s understanding of parliamentary democracy remains pretty poor. Amendment 75 allows MPs to approve, by affirmative statutory instrument, any changes in the law required by one of these continuity deals. It is a take-it-or-leave-it vote. It is not amendable and it is not meaningful. That is why the Government need to meet the concern raised in new clause 3, which stands in the name of the hon. Member for Brighton, Pavilion (Caroline Lucas) and which I support. People voted leave for different reasons, but nobody voted to make themselves poorer, to lose their job or to have food and product safety standards thrown out the back door.
With your permission, Mr Speaker, let me just say something about new clause 2, which is in the final group. The Government must be honest about the impact of any trade deals they sign and Parliament must be able to scrutinise this. The Tory leavers say, “Brexit is the will of the people”, but the Tories are in disarray, trying to work out among themselves what the will of the people actually is. As the chaos and confusion grows, it is time that more Members, on both sides of the House, joined the Liberal Democrats in supporting a people’s vote on the deal. We need to be honest with our constituents about the economic realities of Brexit and then give the people a final say on the deal.
Toby Perkins (Chesterfield) (Lab)
On a point of order, Mr Speaker. There is a great deal of concern across Parliament about the mysterious disappearance of the right hon. Member for Twickenham (Sir Vince Cable). He has been missing since last night. This morning, he was texting about being the only person really fighting Brexit. I just wonder if you and the parliamentary authorities could ascertain his whereabouts and whether he is indeed safe, and report back to me and all those people who are so concerned.
Mr Speaker
I would not want to take upon my shoulders such a major responsibility. I must advise the hon. Gentleman that I wish all the best to the right hon. Member for Twickenham (Sir Vince Cable). I have no reason to be perturbed on his account. I am not aware that he is indisposed, and I very much hope that he is not. The right hon. Member for Carshalton and Wallington (Tom Brake) is beaming in a mildly eccentric manner from a sedentary position.
Tom Brake
Further to that point of order, Mr Speaker. Thank you for letting me raise this. On the same subject, have you had any concerns raised with you about the absence of the Leader of the Opposition in relation to fighting against Brexit for the past two years? Has anyone shared any concerns that they may have on that score?
Mr Speaker
I am not concerned unduly about either matter. They do not fall within the auspices of the Chair, but the point has been made by each right hon. and hon. Member, and I trust that we can leave it there.
Schedule 2
Regulations under Part 1
Amendments made: 4, page 12, line 5, leave out “or 2(1)”.
Amendment 71, page 12, line 7, leave out “or 2(1)”.
This amendment is consequential on Amendment 75.
Amendment 72, page 12, line 11, leave out “or 2(1)”.
This amendment is consequential on Amendment 75.
Amendment 73, page 12, line 13, leave out “or 2(1)”.
This amendment is consequential on Amendment 75.
Amendment 74, page 12, line 20, leave out “or 2(1)”.
This amendment is consequential on Amendment 75.
Amendment 75, page 13, line 30, at end insert—
Part 2A
Scrutiny of regulations under section 2(1)
Scrutiny of regulations made by Minister of the Crown or devolved authority acting alone
“3A (1) A statutory instrument containing regulations of a Minister of the Crown under section 2(1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(2) Regulations of the Scottish Ministers under section 2(1) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
(3) A statutory instrument containing regulations of the Welsh Ministers under section 2(1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
(4) Regulations of a Northern Ireland department under section 2(1) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(5) This paragraph does not apply to regulations to which paragraph 3B applies.
Scrutiny of regulations made by Minister of the Crown and devolved authority acting jointly
3B (1) This paragraph applies to regulations of a Minister of the Crown acting jointly with a devolved authority under section 2(1).
(2) The procedure provided for by sub-paragraph (3) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.
(3) A statutory instrument which contains regulations to which this paragraph applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(4) Regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the affirmative procedure.
(5) Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (affirmative procedure) applies in relation to regulations to which sub-paragraph (4) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).
(6) Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (4) applies as it applies in relation to the laying before the Scottish Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).
(7) A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
(8) Regulations to which this paragraph applies which are made jointly with a Northern Ireland department may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.” —(George Hollingbery.)
This amendment provides for regulations under clause 2(1) of the Bill (implementing international trade agreements) to be subject to the affirmative procedure in Parliament when made by a Minister of the Crown, and in the relevant devolved legislature when made by a devolved authority. Where the regulations are made jointly by a Minister and a devolved authority (by virtue of paragraph 5 of Schedule 1) they are required to be approved in draft by both Parliament and the devolved legislature in question.
New Clause 4
Convention about Parliament legislating on devolved matters
“(1) Regulations made under section 1(1) by a Minister of the Crown, may not normally make provision which would be within the devolved competence of a devolved authority unless—
(a) so far as they contain provision which would be within the devolved competence of the Scottish Ministers (within the meaning given in paragraph 7 of Schedule 1), the Scottish Ministers consent, or
(b) so far as they contain provision which would be within the devolved competence of the Welsh Ministers (within the meaning given in paragraph 8 of Schedule 1), the Welsh Ministers consent, or
(c) so far as they contain provision which would be within the devolved competence of a Northern Ireland department (within the meaning of paragraph 9 of Schedule 1), unless the Northern Ireland department has given consent.
(2) Regulations made under section 2(1) by a Minister of the Crown, may not normally make provision which would be within the devolved competence of a devolved authority unless—
(a) so far as they contain provision which would be within the devolved competence of the Scottish Ministers (within the meaning given in paragraph 7 of Schedule 1), the Scottish Ministers consent, or
(b) so far as they contain provision which would be within the devolved competence of the Welsh Ministers (within the meaning given in paragraph 8 of Schedule 1), the Welsh Ministers consent, or
(c) so far as they contain provision which would be within the devolved competence of a Northern Ireland department (within the meaning given in paragraph 9 of Schedule 1), unless the Northern Ireland department has given consent.
(3) This paragraph does not apply to regulations made by the Secretary of State under—
(a) section 35 or 58 of the Scotland Act 1998 (as amended),
(b) section 82 or 114 of the Government of Wales Act 2006 (as amended), or
(c) section 25 or 26 of the Northern Ireland Act 1998 (as amended).”—(Barry Gardiner.)
This new clause would ensure that regulations made by a Minister of the Crown within devolved competence require the consent of Ministers in devolved authorities in accordance with the convention about Parliament legislating on devolved matters while making clear that this does not alter the current powers of Ministers of the Crown in respect of international agreements.
Brought up, and read the First time.
Barry Gardiner (Brent North) (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 21—Right of devolved authorities to appoint negotiators—
“(1) Each devolved authority shall have the right to appoint one member of any delegation tasked with negotiating an agreement with another state on behalf of the UK if that agreement falls within section 2(2).
(2) A devolved authority shall not make an appointment under subsection (1) unless the person appointed is reasonably competent to carry out the role of a trade negotiator.”
This new clause would permit the devolved authorities to each appoint one member of any negotiating delegation and would ensure that the person appointed is competent to carry out the role.
Amendment 25, in clause 1, page 1, line 15, at end insert—
“(1A) No regulations may be made under this subsection by a Minister of the Crown, so far as they contain provision which would be within the devolved competence of the Scottish Ministers (within the meaning given in paragraph 7 of Schedule 1), unless the Scottish Ministers consent.
(1B) No regulations may be made under this subsection by a Minister of the Crown, so far as they contain provision which would be within the devolved competence of the Welsh Ministers (within the meaning given in paragraph 8 of Schedule 1), unless the Welsh Ministers consent.”
This amendment and Amendment 26 seek to ensure that regulations cannot be made without consent from devolved Ministers.
Amendment 26, in clause 2, page 2, line 40, at end insert—
“(7A) No regulations may be made under subsection (1) by a Minister of the Crown, so far as they contain provision which would be within the devolved competence of the Scottish Ministers (within the meaning given in paragraph 7 of Schedule 1), unless the Scottish Ministers consent.
(7B) No regulations may be made under subsection (1) by a Minister of the Crown, so far as they contain provision which would be within the devolved competence of the Welsh Ministers (within the meaning given in paragraph 8 of Schedule 1), unless the Welsh Ministers consent.”
See explanatory statement for Amendment 25.
Amendment 27, in clause 2, page 3, line 3, at end insert—
“(10) No regulations may be made under subsection (8)(b) unless the Secretary of State has consulted with the Scottish Ministers and the Welsh Ministers.”
This amendment would require the Secretary of State to consult with Scottish Ministers and Welsh Ministers before deciding whether or how to prolong the period during which implementing powers can be used.
Government amendments 49, 50 and 61 to 63.
Amendment 28, in schedule 1, page 7, line 24, at end insert—
“(4) This paragraph does not apply to regulations made under section 1(1) or 2(1) by the Scottish Ministers or the Welsh Ministers.”
This amendment would remove the constraints on Scottish and Welsh Ministers in making regulations under this Act which modify retained EU law.
Government amendments 64 to 67.
Amendment 29, in schedule 1, page 8, line 5, at end insert—
“(4) This paragraph does not apply to regulations made under section 1(1) or 2(1) by the Scottish Ministers or the Welsh Ministers.
Requirement for consultation in certain circumstances
3A (1) No regulations may be made by the Scottish Ministers or the Welsh Ministers acting alone under section 1(1) or 2(1) so far as the regulations are to come into force before exit day unless the regulations are, to that extent, made after consulting with a Minister of the Crown.
(2) No regulations may be made by the Scottish Ministers or the Welsh Ministers acting alone under section 2(1) so far as the regulations make provision about any quota arrangements or are incompatible with any such arrangements unless the regulations are, to that extent, made after consulting with a Minister of the Crown.
(3) In sub-paragraph (2) ‘quota arrangements’ has the same meaning as in paragraph 3.”
This amendment would follow amendments made to the EU (Withdrawal) Bill to replace a requirement to seek the consent of the UK Ministers before making regulations to be commenced before exit day, or regulations making provision about quota arrangements, with a requirement to consult.
Government amendments 68, 69 and 76 to 78.
Barry Gardiner
I rise to speak to new clause 4, which stands in my name and those of my right hon. and hon. Friends.
The extent to which the Bill encroaches on matters of devolved competence and undermines the power of devolved authorities is of particular concern. I am proud that it was a Labour Government who delivered the devolution settlements. They were established with a presumption of full devolution, except in matters considered reserved to the Government of the United Kingdom. Indeed, amendments to devolution legislation contained in the Scotland Act 2016 and the Wales Act 2017 specifically put that presumption on to a legislative footing, stipulating that Ministers would not legislate on matters that fell within devolved competence without “normally” seeking the consent of the appropriate devolved Government. However, the Bill seeks to do exactly that.
The Public Bill Committee heard in great detail the serious consequences the Bill would have for the United Kingdom and each of the devolved nations and their respective Administrations.
Barry Gardiner
I am concerned about what the Minister said. Does he not accept that if the provisions in clauses 1 and 2 are taken in conjunction with Government amendment 34, they will allow the Westminster Government to use Henry VIII powers to modify primary legislation or retained direct EU legislation in areas that are a matter of devolved competence? That is to go beyond “not normally”, which is why new clause 4 is essential.
Mr Speaker
Order. May I just emphasise that there is no obligation to continue up to the wire? I know that sometimes some people on the Government Bench say “Keep going till the cut-off point,” but it is not necessary to do so. There is a lot of other material to be debated. The Minister, who is a most courteous fellow, was extremely succinct earlier; he should not think that that was unpopular in the House.
George Hollingbery
You will be glad to hear, Mr Speaker, that I do not have a great deal more to say.
Let me engage with the shadow Secretary of State’s point. The powers that the Government are taking relate to where any regulations under section 12 of the European Union (Withdrawal) Act are in force and intersect with devolved Ministers’ rights to modify retained direct EU law. We are carving out an area in which the UK Government believe it is right and proper that the interests of the wider United Kingdom have precedence. I think the shadow Secretary of State understands what I mean; indeed, from the look on his face I believe he probably secretly agrees with what I am saying.
Mr Speaker
What is going on is that a Member is being exhorted to remove himself from the Division Lobby, and that will happen. The result of the vote will be declared very soon. I understand the consternation of the right hon. Gentleman, but I have his and all other Members’ interests at heart. We will not long be delayed before proceeding with the next group, for which there is very little time. We must not dilly-dally on this matter any longer.
Mr Speaker
We come now to the third and final group of new clauses and amendments, beginning with Government new schedule 1. In the friendliest and most convivial possible spirit, I remind the Minister on the Treasury Bench that it is not necessary for him to speak at length. It might make him even more popular than he already is if he does not.
New Schedule 1
Transfer Schemes
“1 (1) The Secretary of State may make one or more staff transfer schemes in connection with the establishment of the TRA by this Act.
(2) A ‘staff transfer scheme’ is a scheme providing for the transfer from the Secretary of State to the TRA of any rights or liabilities under or in connection with a contract of employment.
2 (1) A staff transfer scheme may, among other things, make provision—
(a) for the transfer of rights and liabilities that could not otherwise be transferred;
(b) for the transfer of rights and liabilities arising after the making of the scheme;
(c) which is the same as or similar to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246);
(d) creating rights, or imposing liabilities, in relation to rights or liabilities transferred;
(e) about the continuing effect of things done by the Secretary of State in respect of any rights or liabilities transferred;
(f) about the continuation of things (including legal proceedings) in the process of being done by, or on behalf of, or in relation to, the Secretary of State in respect of any rights or liabilities transferred;
(g) for references to the Secretary of State in an instrument or other document in respect of any rights or liabilities transferred to be treated as references to the TRA;
(h) that is supplementary, incidental, transitional or consequential.
(2) A staff transfer scheme may provide—
(a) for the scheme to be modified by agreement after it comes into effect, and
(b) for any such modifications to have effect from the date when the original scheme comes into effect.
3 For the purposes of this Schedule—
(a) an individual who holds employment in the civil service of the State is to be treated as employed by virtue of a contract of employment, and
(b) the terms of the individual’s employment in the civil service of the State are to be regarded as constituting the terms of the contract of employment.”—(George Hollingbery.)
This amendment inserts a Schedule that sets out powers for the Secretary of State to make a scheme providing for the transfer of staff from the Secretary of State to the Trade Remedies Authority.
Brought up, and read the First time.
Mr Speaker
With this it will be convenient to discuss the following:
Government amendment 58.
Amendment 12, in schedule 4, page 14, line 34, at end insert
“with the consent of the International Trade Committee of the House of Commons,”.
This amendment would give the International Trade Select Committee scrutiny and consent powers for the appointment of Chairs of the Trade Remedies Authority.
Amendment 30, in schedule 4, page 14, line 34, at end insert—
“(aa) a non-executive member appointed by the Secretary of State with the consent of the Scottish Ministers,
(ab) a non-executive member appointed by the Secretary of State with the consent of the Welsh Ministers,”
The Trade Remedies Authority will undertake trade remedies investigations across the UK, which will inevitably touch on devolved areas or areas of significance to Scotland. This amendment would require the consent of Scottish and Welsh Ministers to the appointment of one non-executive board member each.
Amendment 13, in schedule 4, page 14, line 35, at end insert
“with the consent of the International Trade Committee of the House of Commons,”.
This amendment would give the International Trade Select Committee scrutiny and consent powers for the appointment of other non-executive members of the Trade Remedies Authority.
Amendment 22, in schedule 4, page 14, line 35, at end insert
“including representatives of UK manufacturing sectors and trade unions in manufacturing”.
This amendment would ensure that UK producers including manufacturers, and their employees, are included in the corporate governance of the new Trade Remedies Authority.
Amendment 80, in schedule 4, page 14, line 35, at end insert
“including representatives of—
(i) producers,
(ii) trade unions, and
(iii) each one of the devolved administrations.”
This amendment would ensure that the Trade Remedies Authority includes, among its non-executive members, representatives of key stakeholder bodies.
Amendment 14, in schedule 4, page 14, line 37, after “State” insert
“, and with the consent of the International Trade Committee of the House of Commons,”.
This amendment would give the International Trade Select Committee scrutiny and consent powers for the appointment of the chief executive of the Trade Remedies Authority.
Amendment 15, in schedule 4, page 14, line 38, after “State” insert
“with the consent of the International Trade Committee of the House of Commons,”.
This amendment would give the International Trade Select Committee scrutiny and consent powers for the appointment of the inaugural chief executive of the Trade Remedies Authority.
Amendment 23, in schedule 4, page 15, line 2, leave out from “must” to end of line 3 and insert
“, before appointing the other non-executive members, consult
(a) the Chair,
(b) organisations representing UK manufacturing sectors, and
(c) trade unions in manufacturing.”
This amendment would ensure that UK producers including manufacturers, and their employees, are included in the corporate governance of the new Trade Remedies Authority.
Amendment 16, in schedule 4, page 15, line 12, at end insert—
“4A It must be publicly disclosed if any candidate for appointment as a non-executive member of the TRA has, in the last five years, been employed by a political party, held a significant office in a political party, has stood as a candidate for a political party in an election, has publicly spoken on behalf of a political party, or has made significant donations or loans to a political party.”
This amendment would require candidates for appointment as non-executive members of the TRA to disclose political activity, consistent with guidelines set out in the Cabinet Office Governance Code on Public Appointments.
Amendment 17, in schedule 4, page 15, line 16, at end insert—
“5A It must be publicly disclosed if any candidate for appointment as an executive member of the TRA has, in the last five years, been employed by a political party, held a significant office in a political party, has stood as a candidate for a political party in an election, has publicly spoken on behalf of a political party, or has made significant donations or loans to a political party.”
This amendment would require candidates for appointment as executive members of the TRA to disclose political activity, consistent with guidelines set out in the Cabinet Office Governance Code on Public Appointments.
Amendment 18, in schedule 4, page 15, line 31, at end insert—
“10A A member of the TRA, whether executive or non-executive, shall not actively engage in any business, vocation or employment which may give rise to a potential conflict of interest, for the duration of their service on the TRA.”
This amendment would militate against conflicts of interest by precluding TRA members from engaging in any commercial activity for the duration of their time on the TRA.
New clause 1—EU customs union—
“(1) It shall be the objective of an appropriate authority to take all necessary steps to implement an international trade agreement which enables the UK to participate after exit day in a customs union with the EU in the same terms as existed before exit day.
(2) Exit day shall have the meaning set out in section 20 of the European Union (Withdrawal) Act 2018.”
New clause 2—Review of the impact on the UK economy—
“(1) Before the end of the initial five year period, the Secretary of State must publish and lay before both Houses of Parliament an assessment of the impact of all international trade agreements implemented under section 2 of this Act on—
(a) the economy of the United Kingdom,
(b) the economy of the different parts of the United Kingdom and different regions of England, and
(c) individual economic sectors.
(2) The assessment in subsection (1) must so far as practicable analyse the expected difference in outcomes between the international trade agreements implemented under section 2 of this Act and those international trade agreements to which the United Kingdom would have been a signatory had it continued to participate in the EU Customs Union.
(3) In this section—
‘the initial five year period’ has the same meaning as in section 2(8)(a),
‘parts of the United Kingdom’ means—
(a) England,
(b) Scotland,
(c) Wales, and
(d) Northern Ireland
‘regions of England’ has the same meaning as that used by the Office for National Statistics.”
New clause 5—Implementation of a customs union with the EU—
“(1) It shall be the objective of an appropriate authority to take all necessary steps to implement an international trade agreement which enables the UK to participate after exit day in a customs union with the EU.
(2) Exit day shall have the meaning set out in section 20 of the European Union (Withdrawal) Act 2018.”
New clause 8—Internal Market Negotiating Objective—
“It shall be a negotiating objective of Her Majesty’s Government to ensure the United Kingdom has full access to the internal market of the European Union, underpinned by shared institutions and regulations, with no new impediments to trade and common rights, standards and protections as a minimum.”
New clause 9—UK membership of EFTA and the European Economic Area—
“(1) It shall be the objective of an appropriate authority to achieve before exit day the implementation of an international agreement to enable the UK to become a member of the European Free Trade Association and continue as a signatory to the EEA Agreement.
(2) ‘Exit day’ shall have the meaning set out in section 20 of the European Union (Withdrawal) Act 2018.”
New clause 10—UK membership of EFTA—
“(1) It shall be the objective of an appropriate authority to achieve before exit day the implementation of an international agreement to enable the UK to become a member of the European Free Trade Association.
(2) ‘Exit day’ shall have the meaning set out in section 20 of the European Union (Withdrawal) Act 2018.”
New clause 11—Assessment of slavery or servitude—
“The Secretary of State shall, before concluding negotiations relating to an international trade agreement, make an assessment of the steps taken by the other signatory to the agreement (or each other signatory) to prevent and punish activity which, if undertaken in England or Wales, would constitute an offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour).”
New clause 15—Ratification of international trade agreements—
“An international trade agreement shall not be ratified unless it enables the United Kingdom to require imports to—
(a) comply with any standards laid down by primary or subordinate legislation in the United Kingdom regarding food safety, the environment and animal welfare, or
(b) have been produced to standards that are deemed by the Secretary of State to be comparable in effectiveness to those of the United Kingdom in protecting food safety, the environment and animal welfare.”
This new clause would ensure that UK standards regarding food safety, the environment and animal welfare could not be undermined by imports produced to lower standards.
New clause 17—UK participation in the European medicines regulatory network—
“(1) It shall be the objective of an appropriate authority to take all necessary steps to implement an international trade agreement, which enables the UK to fully participate after exit day in the European medicines regulatory network partnership between the European Union, European Economic Area and the European Medicines Agency.
(2) Exit day shall have the meaning set out in section 20 of the European Union (Withdrawal) Act 2018.”
This new clause would ensure that it is a negotiating objective for the UK Government to secure an international agreement through which the UK may continue to participate in the European medicines regulatory network partnership between the EU, EEA and the European Medicines Agency, ensuring that patients continue to have access to high-quality, effective and safe pharmaceutical and medical products, fully aligned with the member states of the EU and EEA.
New clause 18—Free trade area for goods—
“(1) Before exit day it shall be the objective of Her Majesty’s Government to achieve the implementation of an international agreement to enable the United Kingdom to establish a frictionless free trade area for goods between the UK and the EU.
(2) If an international agreement of the type set out in subsection (1) has not been agreed by 21st January 2019 then it shall be the objective of Her Majesty’s Government to achieve the implementation of an international agreement which enables the United Kingdom to participate after exit day in a customs union with the EU.
(3) ‘Exit day’ shall have the meaning set out in section 20 of the European Union (Withdrawal) Act 2018.”
This new clause would make it a negotiating objective of the UK to establish a free trade area for goods between the UK and the EU and if that cannot be agreed then it should be the objective of the UK to secure an agreement to enable the UK’s participation in a customs union with the EU.
New clause 19—Reporting on trade between the United Kingdom’s devolved nations and regions with the Republic of Ireland—
“(1) The Secretary of State shall, no earlier than 12 months and no later than 18 months after Royal Assent has been given to this Act—
(a) lay before both Houses of Parliament an assessment of the implications of this Act for trade between the constituent parts of the United Kingdom and the Republic of Ireland, and
(b) make arrangements for the assessment to be laid before the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly.
(2) In preparing the assessment under subsection (1), the Secretary of State shall consult with—
(a) the Scottish Ministers, the First Minister or the Lord Advocate,
(b) the Welsh Ministers, and
(c) a Northern Ireland devolved authority.”
This new clause would ensure that the impact of the UK’s exit from the European Union on trade across the border between the Republic of Ireland and Northern Ireland, and between the Republic of Ireland and other parts of the United Kingdom is properly reviewed and reported to Parliament.
New clause 25—Trade agreement with the EU: mobility framework—
“It shall be the objective of the Secretary of State to take all necessary steps to secure an international trade agreement with the European Union which includes a mobility framework that enables all UK and EU citizens to exercise the same reciprocal rights to work, live and study.”
Government amendments 31 to 35.
Amendment 11, in clause 2, page 2, line 12, at end insert—
“or (c) a regulatory cooperation agreement.”
This amendment would ensure that HM Government is able to efficiently replicate existing regulatory cooperation agreements that may be required for continuity of business arrangements if the UK exits the European Union.
Amendment 3, in clause 2, page 2, line 29, at end insert—
“(4A) Regulations under subsection (1) may make provision for the purpose of implementing an international trade agreement only if:
(a) the provisions of that international trade agreement do not conflict with, and are consistent with—
(i) the provisions of the Sustainable Development Goals adopted by the United Nations General Assembly on 25 September 2015,
(ii) international human rights law and international humanitarian law,
(iii) the United Kingdom’s obligations on workers’ rights and labour standards as established by but not limited to the commitments under the International Labour Organisation’s Declaration on Fundamental Rights at Work and its Follow-up Conventions,
(iv) the United Kingdom’s environmental obligations in international law and as established by, but not limited to, the Paris Agreement adopted under the United Nations Framework Convention on Climate Change, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and the Convention on Biological Diversity, including the Cartagena Protocol on Biosafety,
(v) existing standards for food safety and quality as set and administered by the Department of Health, the Food Standards Agency and any other public authority specified in regulations made by the Secretary of State,
(vi) the United Kingdom’s obligations as established by the Convention on the Elimination of All Forms of Discrimination Against Women and by the Convention on the Rights of the Child, and
(vii) the sovereignty of Parliament, the legal authority of UK courts, the rule of law and the principle of equality before the law.
(a) the provisions of that international trade agreement do not in any way restrict the ability to determine whether public services at a national or local level are delivered by public sector employees, and
(b) the Secretary of State has laid before Parliament an assessment that considers the potential economic, social, human rights and environmental impacts of the international trade agreement on the contracting parties.”
Amendment 24, in clause 2, page 2, line 29, at end insert—
“(4A) Regulations under subsection (1) may make provision for the purpose of implementing an international trade agreement only if the Secretary of State has made an assessment under section (Assessment of slavery or servitude) in respect of that agreement.”
Amendment 81, in clause 2, page 2, line 29, at end insert—
“(4A) Regulations under subsection (1) may make provision for the purpose of implementing an international trade agreement only if a principle of non-regression, according to which the protection of the environment, ensured by legislative and regulatory provisions relating to the environment, is incorporated.”
This amendment would ensure that environmental standards are not lowered in a new UK international trade agreement by maintaining and continually updating current standards through an environmental non-regression clause.
Government amendments 40, 41 and 43.
Amendment 20, in clause 2, page 2, line 40, at end insert
“and shall include any agreement to which the UK is party by virtue of membership of a free trade association, including the European Free Trade Association”.
This amendment would make it clear that the implementation powers under the Act would apply equally to implementation of any free trade agreement to which the UK is party through EFTA.
Amendment 5, in clause 2, page 2, line 40, at end insert—
“(7A) No regulations made under subsection (1) shall preclude the United Kingdom from participating in a customs union with the European Union following exit day.”
This amendment allows for the implementation of international trade agreements while leaving open the possibility of negotiating a customs union with the EU.
Government amendments 44 to 48 and 51 to 57.
Amendment 1, in clause 6, page 4, line 10, at end insert—
“(aa) the conduct of trade within a customs union within the meaning of section 31 of the Taxation (Cross-border Trade) Act 2018,”.
Amendment 21, in clause 6, page 4, line 10, at end insert—
“(aa) the consequences for the UK of membership of the European Free Trade Association,”.
This amendment would place a duty on the TRA to give advice to the Secretary of State on the consequences of membership of EFTA.
Government amendments 59 and 60.
George Hollingbery
There is a wide range of issues covered by this final group of amendments we are debating today. I therefore propose to focus on the Government amendments in my opening remarks.
We are committed to creating a world-class Trade Remedies Authority. That is why Government have already begun recruiting TRA staff into the Department for International Trade, so that they can be properly trained before the TRA becomes fully operational. Once the TRA is legally established, staff who have been recruited into the Department will be transferred over to the TRA. Government new schedule 1 and Government amendment 58 are crucial to ensuring that this transfer can take place. This is standard practice when establishing a new arm’s-length body, as set out in the Cabinet Office’s statement of practice on transfers of staff in the public sector.
Trade remedies cases can have material impacts on markets and jobs. We must therefore create an independent investigation process that businesses can trust. That is why we are setting up the TRA as an arm’s-length body, giving it the appropriate degrees of separation from government, and ensuring that people with the right qualities and qualifications are appointed to the board to oversee this new function.
There are other amendments in this group, tabled by other hon. Members, on the TRA. I will wait to hear the points they make before responding to the detail of those amendments. Before I sit down, however, I will underline the point made by my right hon. Friend the Secretary of State for Trade yesterday in his statement to the House. The Bill is about continuity rather than future arrangements. This is why we have now separately set out the role that Parliament, the devolved Administrations, the public, business and civil society will have in our future trade agreements. We believe our approach makes good on our commitment to build an inclusive and transparent future trade policy.
Amendments 44 to 47 reduce the sunset period and renewal periods from five to three years. This has been discussed in previous debates. Amendments 31 and 32 allow Agreement on Government Procurement, or GPA, power to reflect updates to the list of Government entities in the UK’s GPA schedule. Amendments 34, 40, 41 and 48 clarify the scope of the powers in clause 1 and 2. Amendments 59 and 60 update references to data protection legislation, and amendments 31, 35, 43, and 51 to 57 are drafting changes.
George Hollingbery
It might help if I could advise the House that, in recognition of contributions from right hon. and hon. Members today, it is my intention to bring forward an amendment in the other place—[Laughter.] If I may. [Interruption.] If I may. Thank you.
George Hollingbery
It is my intention to bring forward an amendment in the other place that takes in the essence of new clause 18 but removes the defective element relating to the customs union. The Government amendment will restate our intention to establish a customs arrangement with the EU. [Interruption.]
Stephen Hammond
Very few people ever say that, Mr Speaker.
It is a generous offer from the Front Bench, and one that I am tempted to accept, but I would say to the Minister: let’s do this the other way around. I will make him a generous offer. Why does he not accept new clause 18 today and then amend it in the Lords? [Hon. Members: “Hear, hear!] I will tell the House why. Subsection (2) of my new clause is entirely in line with the European Union (Withdrawal) Act 2018, which is now part of our law in this country, the House having passed it. All it says is that it should be the objective, after 21 January, which date is in clause 13(10) and (11).
Had I used any other word than “union”, the Front Bench would have accepted it. Frankly, I do not see the problem. Yesterday, we took several amendments that we were told did not undermine the Bill, and this does not undermine the Bill either. It keeps the plan on the road. I say to my Front Bench in all good faith: why not do it this way round? Accept new clause 18 now and I will work with them to find something in the Lords that they find acceptable.
Mr Speaker
Order. We must hear the response to that question, but we must also hear from other Members, including the Father of the House.
Dr Lee
I will be as brief as possible, Mr Speaker.
Yes, I do agree with my hon. Friend’s comments. Every month 45 million patient-packs of medicine go to the EU from the UK and 37 million packs move the other way. It is hard to think of a single other product that illustrates so well the importance of frictionless trade.
This amendment supports the Government’s intentions as explained in the Prime Minister’s Mansion House speech and their White Paper, but we must go further and enshrine them in law because of the very real impact on people’s lives, on the NHS’s ability to operate, on the industry, and on investment in the UK. That is why I will press this new clause to a vote.
I will also support new clause 18 this evening. Yesterday was the worst experience in politics I have had in eight years, and I am sorry that it has changed the dynamic. I started the week intending to support our Prime Minister in her deal and the White Paper. Yesterday changed that, and that is why I will be supporting other colleagues on these Benches when we come to new clause 18 this evening.
Several hon. Members rose—
Mr Leslie
Surely new clause 17 is a no-brainer. If we are going to preserve anything, we must surely keep the frictionless flow of medicines and treatments for our national health service going. If ever there were an example of an ideology getting in the way of common sense, it would be that of a hard Brexit attitude physically placing itself at the border in the way of the free flow of those medicines. We know that 45 million packages of medicines cross that border every month. That is how essential this is, so new clause 17 has to be supported.
New clause 18 has been tabled by the hon. Member for Wimbledon (Stephen Hammond). I have to say to him that he is being incredibly generous to the Government in relation to this proposal. He is giving them the benefit of the doubt on the free trade area in goods. It is true that, whatever we get, the lowest common denominator will be a free trade area in goods. We will have to get that. But frankly, I am really quite surprised by the way in which some Conservative Members have been treated by the Government in respect of the ERG amendments—all of which were accepted without any objection—when some of them are trying their best to preserve the Prime Minister’s Chequers plan. Those Conservative Members are being very generous, but I think it is reasonable to put in place a safety net in the form of a customs union in January. I hope that, on this one occasion, we can put party politicking to one side and do the right thing for our country.
John Redwood
Every day, a large number of components come into our country from outside the EU and they meet the deadlines of the just-in-time systems, as do the components from the EU. My hon. Friend the Member for Wimbledon (Stephen Hammond) should understand that you cannot send a car out with only 79% of its components assembled because they are the ones that came from the EU. Manufacturers send their cars out with 100% of their components, including the non-EU ones, which are coming in perfectly well. More than half our trade is done with non-EU countries that are not part of the single market or the customs union. We have already thought about the need to get rid of frictions on the borders for non-EU trade. We have worked internationally through the WTO which, through its trade facilitation agreement, has several instructions for us and for the EU to ensure that there is a minimum of friction at the border for non-EU, non-customs-union trade as well, which is why our manufacturers can work with it.
EU trade is not without administration and bureaucracy. The Intrastat declaration must be made, the commodity code must be identified, the VAT has to be settled and the excise must be settled if necessary. Those things are not done at the border. The lorry drivers do not have to stand in a queue while trying to work things out. When we are outside the EU’s customs union, the situation will be the same for everything else that does not come in within the customs union framework. This is the modern world. It is electronic. There are computers. There is the off-site settlement of taxes and of customs. The WTO knows about that.
The future for us will be great, but we must be free to have our own international trade policy and our own agreements with countries other than those in the EU. We must have the ability to set out our laws and spend our own money. The British public would expect no less of this Parliament, and they will not accept any higgling of their decision to leave the EU.
Oral Answers to Questions
John Bercow Excerpts(6 years, 5 months ago)
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George Hollingbery
I certainly can. The Department’s White Paper “Preparing for our future trade policy” sets out the scale of the Government’s desire to help developing countries to break down the barriers to trade, and we will give them the tools with which to trade their way out of poverty.
Mr Speaker
I am sorry that I did not spot the hon. Member for Bolsover (Mr Skinner), but if he wants to shoehorn his question—
Mr Speaker
I most certainly do not look for favourites, but I am always happy to hear from the hon. Gentleman, and if he wants to speak now, he can.
Mr Speaker
The hon. Gentleman can always shoehorn in his concern on any question, and the Chair is accommodating of him. I hope that his mood will improve as the day proceeds.
Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
An important issue connected with trade deals is actually a Home Office matter, I refer to the issue of visas. Whether the trade deals are with developing countries or with Australia and New Zealand, the big thing that they talk about is not two-year visas but five-year visas. What work is the Minister doing with the Home Office to bring some sense into this area? Incidentally, that is also needed on the west coast of Scotland in relation to fishing.
Dr Fox
I know that my hon. Friend is a great champion of English wines in her constituency. In fact, Aldwick Court in my own constituency makes a very fine range of wines, Mr Speaker—I will attempt to get you a bottle to prove the point. We work closely with leading industry associations and producers to help to support English wine exports. A recent example of this was the festival of innovation in March in Hong Kong. Our team in-market arranged a bespoke programme of briefings and a high-profile tasting session to introduce a delegation of UK wine and spirit producers to potential buyers from around the world, very successfully.
Jim Shannon
The Secretary of State may not be aware of the input of a Department for Environment, Food and Rural Affairs Minister on this matter, but Lakeland Dairies in my constituency is attempting to secure Chinese business but is having some difficulty due to red tape. What support is available to help businesses across the language and cultural divide, and to gain results that benefit us all and in particular Lakeland Dairies in my constituency?
Several hon. Members rose—
Mr Speaker
Our proceedings would be incomplete and underperforming without a question from Mr Barry Sheerman.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Thank you, Mr Speaker.
May I ask the Secretary of State if he is not being a little complacent about the role of China in our manufacturing and other sectors? Does he realise that, when we encourage companies to export, some of the companies, like Syngenta in my constituency, are wholly owned by ChemChina and wholly owned subsidiaries of the communist Government in China? There is a greater number of British companies owned by the Chinese. Does that alter the sort of conversation he has with them?
Several hon. Members rose—
Mr Speaker
I call Matt Rodda. Where is the fella? Not here. Oh well, Mr Dakin is here.
Nic Dakin (Scunthorpe) (Lab)
What initial assessment have the Government made of the impact of steel tariffs on the UK industry? What support are the Government giving UK steel to mitigate the impact until the tariffs are removed?
Mr Speaker
It is very good of the hon. Lady to drop in on us; I am sure she has a very busy schedule. As I am burbling on at her, she will be able to recover her breath, and we very much look forward to hearing her.
Danielle Rowley
Thank you, Mr Speaker. I would like to announce to you and to the House—perhaps you will excuse my lateness—that today I am on my period, and this week it has already cost me £25. We know that the average cost of periods in the UK over a year is £500, which many women cannot afford. What is the Minister doing to address period poverty?
US Steel and Aluminium Tariffs
John Bercow Excerpts(6 years, 6 months ago)
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Mr Speaker
Order. The hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) is chuntering from a sedentary position about putting something in a bunker. I am not going to comment on that. It is not for me to pronounce on the merits or demerits of the matter, but I simply say, with due affection to the hon. Member for Bassetlaw (John Mann), that it is always interesting to hear from him on the golfing situation, and we have done so today.
Sir Desmond Swayne (New Forest West) (Con)
How realistic was it to have expected a concession on steel notwithstanding our having publicly announced our intent to undermine US security policy and trade policy on Iran?
Oral Answers to Questions
John Bercow Excerpts(6 years, 7 months ago)
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Hannah Bardell (Livingston) (SNP)
This will be my last outing as the Scottish National party trade spokesman; I will be moving to pastures new in Digital, Culture, Media and Sport. I want to put on the record my thanks to the Secretary of State and his team. While we do not always agree—in fact, rarely—our discussions and exchanges are always respectful and lively.
The 2013 Rana Plaza disaster is a prime example of how growth in export industries can have devastating results, particularly for women and girls. Jobs were created that were unsafe and had exploitative conditions for the largely female factory workers. Can the Minister assure the House and indeed everyone across the UK that any trade deals he does will not result in the exploitation of anyone, in particular women and girls?
Mr Speaker
May I say to the hon. Lady that I hope in her new role the sky will be just as blue?
Greg Hands
May I first commend the hon. Lady for the constructive role she has taken? She and I have worked together particularly to try to benefit certain businesses in Livingston, her constituency, and in terms of her wider brief.
Yes, of course, we are absolutely committed that future trade agreements will pay heed to the importance of gender rights and a whole series of other rights in those agreements. What we can do, however, in the meantime is make sure that the trade agenda fully recognises gender equality, particularly, as I have mentioned, in relation to the Commonwealth and the WTO. We were one of the 120 WTO members at Buenos Aires in December that adopted the joint declaration on trade and women’s economic empowerment.
Mr Speaker
In a moment we will hear from the hon. Member for Huddersfield (Mr Sheerman). He has been chuntering from a sedentary position about the suit worn by the right hon. Member for New Forest West (Sir Desmond Swayne), apparently expressing the hope that it was made in west Yorkshire. That is not a matter for the Chair—I have no idea. It seems to me a most admirable suit, but I have no idea where it was made.
Mr Sheerman
Unlike you, Mr Speaker, the Minister has never been to Huddersfield or visited the Textile Centre of Excellence. I keep inviting Ministers, but I think they are worried because Huddersfield, which is a great centre in the premier league for fashion, has many employers who are fearful about the future and the 90% drop in inward investment in our country. There is real worry about the penetration of European markets after Brexit.
Mr Sheerman
On a point of order, Mr Speaker. My constituents voted to remain. The Minister is misleading the House.
Mr Speaker
I am sure it was inadvertent. There was not going to be further discussion on this question, but the effect of raising a point of order in mid-question is to preclude any further supplementary questions on the matter. In this case, however, the crime is victimless.
Martin Vickers (Cleethorpes) (Con)
Vicky Ford (Chelmsford) (Con)
Mr Speaker
I call the Minister for Women and Equalities, on her debut at the Dispatch Box in this capacity I think: Penny Mordaunt.
The Minister for Women and Equalities (Penny Mordaunt)
Thank you, Mr Speaker. I am delighted to be here in my new role as Minister for Women and Equalities on International Day against Homophobia, Transphobia and Biphobia, and I hope all Members of this House will show their support to that cause today.
The Government have committed in our careers strategy to improving information and guidance on STEM careers. We are also raising awareness of the range of careers that STEM qualifications offer.
Andrew Griffiths
I thank my hon. Friend. I assure him that Alice’s arrival into the world has certainly given me a greater understanding of the joy that comes from parenthood. The “Share the joy” campaign is a Government initiative to promote the benefits of shared parental leave, because we want more parents to enjoy that time with their newborn baby. My hon. Friend can rest assured that we will continue to promote shared parental leave to get more parents to enjoy it.
Mr Speaker
I very much hope that the Minister will have today’s Official Report framed and hung up in Alice’s room.
Simon Hoare (North Dorset) (Con)
Oral Answers to Questions
John Bercow Excerpts(6 years, 8 months ago)
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The Parliamentary Under-Secretary of State for International Trade (Graham Stuart)
Helping SMEs to export is a high priority for the Department, and we are working through our overseas network, through online services on great.gov.uk, which has had more than 3 million visitors, through our international trade advisers and through export finance. Last year, 79% of companies supported by UK Export Finance were SMEs. Mr Speaker, if, like Roger Federer, I can press on—albeit without the same grace—I would say that exports from the west midlands increased in value by more than 80% between 2010 and 2016.
Mark Pawsey
It is great news about the west midlands, but a constituent of mine who has a small business providing services around the world came to tell me about the challenges he faces in getting appropriate banking facilities and about the need to minimise losses on currency transfers. What steps is the Department taking to make sure that UK banks provide the facilities, support and advice that SMEs need in order to export?
Mr Speaker
Order. There is something of an internal Scottish National party competition. I do not know whether one of them is thought to have greater seniority, but not in my mind. I call Kirsty Blackman.
Kirsty Blackman
Many of our small and medium-sized enterprises are involved in premium manufacturing and other forms of high-value production. Will the Minister ensure that, in discussions with the EU, those things are taken into account when negotiators are discussing origin and the calculation of origin?
Several hon. Members rose—
Mr Speaker
Order. We are running late, but I am not having Cleethorpes and Redditch missing out. I call Martin Vickers.
Martin Vickers (Cleethorpes) (Con)
Dr Fox
I am grateful to the hon. Lady for her question. It is very important that we tie together better than we have in the past our trade policy and our development policy. The Secretary of State for International Development and I will be making some announcements on exactly how we can do that, and we will be discussing at the Commonwealth Heads of Government meeting with some of the relevant trade partners exactly how we can make that happen.
Mr Speaker
Finally, in one short sentence without semi-colons or subordinate clauses, Wera Hobhouse.
Wera Hobhouse (Bath) (LD)
The EU has around 60 trade agreements with third countries. How many trade agreements with those countries does the Secretary of State estimate will have been agreed by December 2020?
Kit Malthouse
My right hon. Friend often emerges from the forest to ask difficult and challenging questions, as he has now done to me for the second time this week. I am not aware that there is such evidence, but I am happy to go away and research it, and I will write to him if there is any.
Mr Speaker
I ask the Minister to place a copy of his reply in the Library, because we will all be greatly interested in it.
Angela Crawley (Lanark and Hamilton East) (SNP)
The Government claim that their universal credit alternative payment regime allows partners to apply for split payments in exceptional circumstances. However, few women are aware of this option, and 85% of domestic abuse survivors who contacted Women’s Aid have said that applying for split payments would anger their partners. Does the Minister agree with me that this should be mandatory, with payments split from day one?
Victoria Atkins
We are in the process of arranging exactly such a meeting, but I must confess that I have not yet put my mind to our precise hospitality arrangements.
Jim Shannon (Strangford) (DUP)
Words are clearly not enough, so what steps are being taken to enforce gender pay equality in the BBC, as it seems that previous discussions on the issue have been supremely unsuccessful?
Mr Speaker
The same bated breath may be expected to be detected in the Swinson-Hames household.
Jo Swinson
Thank you, Mr Speaker. I wish the Minister well with his impending arrival. In addition to my obvious interest in this question, I remind the House of my former role as chair of the charity Maternity Action.
It is now two years since the Government published research by the Equality and Human Rights Commission that I commissioned as a Minister back in 2013. That research showed that one in 25 pregnant women felt forced to leave their jobs because health and safety risks are not addressed. It is more than time for concrete action to tackle that, so will the Minister bring forward legislation to give pregnant women a clear right to paid leave if their employer cannot, or will not, provide a safe working environment?
Mr Peter Bone (Wellingborough) (Con)
On equality in politics for women, does the Minister for Women and Equalities agree with some senior Members in this House that the next leader of the Labour party, for instance, should be a woman and that perhaps that implies that the next leader of the Conservative party must be a man?
Mr Speaker
Those are not matters for the Minister for Women and Equalities. Who knows, she might have a personal interest in these matters—I do not know? Let us hear from her anyway, because it is very interesting.
Amber Rudd
I step forward gingerly following that introduction, Mr Speaker. My hon. Friend will know that on the Government Benches we believe that merit should be the decider for high office, while believing that women should be equally represented. We feel that our selection process and our promotion process allow both things to take place, and we are proud of the party that has had two women leaders and two women Prime Ministers.
Dr Rupa Huq (Ealing Central and Acton) (Lab)
Mr Speaker
Order. I am sorry. I do try to help the House by extending the envelope for topical questions, but it is not fair if Members then ask very long questions—[Interruption.] Forgive me; I do try to help Members, but Members must help one another.
Amber Rudd
The hon. Lady will know, because we have spoken about this, how much I care about it. I thank her for bringing the matter forward. The consultation has concluded, and we are now looking at it. I will make sure that she is one of the first to know when we decide how to bring it forward.