European Union (Notification of Withdrawal) Bill

Stephen Doughty Excerpts

2nd reading: House of Commons
Wednesday 1st February 2017 Commons Chamber

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

Last summer I walked through the fields of the Somme and along the beaches of Normandy. Doing that, one cannot but ask oneself, “How did we get here?” History teaches us that it was the result of a failure of institutions, economics and relationships, and the rise of populism and nationalism. Because of that, I was, and still am, inspired by Europe and what it has achieved, for all its faults, many of which were rightly mentioned during the referendum. To the eastern European states during the cold war, it represented an alternative to the ethnic slaughter in the Balkans, and presented opportunities for hope.

I understand and respect the vast majority of those who voted to leave the European Union, many of whom were members of my own family and people in my own constituency. However, my constituents voted overwhelmingly to remain. Because of my constituents, because of my conscience and because of the facts that I see before me, I shall vote against the triggering of article 50, for the amendment, and also against the programme motion. The debate has been far too curtailed. No doubt the Bill will proceed to a Committee stage, and I shall also seek to amend it then. The result will reflect the referendum. I shall do that not out of disrespect, but out of duty: a duty to stand up for my constituents, to stand up for the 48%, and to stand up in this sovereign Parliament and challenge the Government and their approach.

The Government have no plan, unlike the First Minister of Wales, who has set out a cross-party plan. They have provided no guarantees that Wales will not be left worse off, and no guarantees of the unfettered access to the single market that is so crucial to businesses and jobs in my constituency. They have provided no assurances that powers will not be taken away from Wales, or that our rights will not be removed. They have given no reassurances to EU citizens living and working in our public services in my constituency.

We are told to be optimistic. I have no doubt that the British and Welsh people will find their way through, however difficult things become—we have done that so many times before—but I must be honest. I fear that the concerns that people rightly express about immigration are far from being resolved, and will not be resolved by our leaving the European Union. I fear that many who felt left behind will continue to feel left behind while we have a Government who are advocating a bargain basement, tax haven, race to the bottom economy, and are running across to the United States and throwing themselves before President Trump. I fear that the poorest will continue to suffer, and what then? Who will be blamed next?

The Prime Minister said today that she was a leader, but the truth is that she is a follower. She is following the siren calls of a select group on her own Benches to a hard, reckless Brexit. Instead of trying to bring the country together, she is now following the lead of a President whose values she does not share in a desperate scramble to make up for the gambles of her predecessor. We are at a turning point—that is certain—but whatever the result of the referendum, there is not only one route forward. We have a choice when it comes to where we head in the future, and we must think very hard about that choice.

European Union (Notification of Withdrawal) Bill

Stephen Doughty Excerpts

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

[Chris Leslie]

I do not know whether the right hon. Gentleman has actually left these shores and visited other countries: we do not control the sort of health insurance and health service schemes that happen in those other European countries, but we currently have a reciprocal health insurance arrangement that provides him, his family and his constituents with a certain degree of cover. That could well be ripped up because of the consequences of the legislation that we are potentially passing—without a word from the Government and with nothing in the White Paper.

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

My hon. Friend makes a very important point about the E111 scheme, because that will have a practical impact on our constituents. If my hon. Friend does not get a clear answer on that, I fear that many constituents will be forced into buying very expensive travel insurance policies to make sure that they are covered while the scheme is left in limbo.

[Chris Leslie]

The consequences of this aspect and many others are myriad. I hope that the House will begin to wake up and realise that we have been sold a pup with this programme order, which does not give us enough time to discuss all this. I have to move on.

The European Chemicals Agency is another example of something that will be ditched. Companies currently have to provide information about hazards, risks and the safe use of chemicals, but we will potentially leave that agency, with nothing in the White Paper about the alternative.

Another health and safety issue is aviation. What will we do about safe skies, and the regulation of aircraft parts, engines and many other aspects? What will we do about maritime safety? What happens if shipping disasters occur on or around our shores? What is the Government’s alternative? There is nothing in the White Paper.

Another minor issue—he said sarcastically—is the environment, and we will potentially leave the European Environment Agency. New clause 120 simply asks that we have a report within a month on what the Government’s plans should be.

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[The Second Deputy Chairman]

Order. This is not about the programme motion on which the House voted. That was not a decision taken by the Chairs. I think we should move on.

[Stephen Doughty]

Further to that point of order, Ms Engel. I simply seek clarification of something you said a few moments ago about the selection of the lead amendment to vote on in each case. Is it the case that in respect of all the groups of amendments we are going to debate over the next three days, only the lead amendment will be voted on? If so, I think it would be of great concern to all members of the Committee.

[The Second Deputy Chairman]

It may be, but it is not necessarily the case. For this group, we decided that only the lead amendment would lead to a Division. Let us move on.

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[Jenny Chapman]

I am spoilt for choice, but I will give way to my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty).

[Stephen Doughty]

My hon. Friend is making a very strong speech. I support the desire of Labour Front Benchers to put these matters on a statutory footing, but does she agree that, particularly when Governments have come forward with a clear plan—as the First Minister of Wales has—and there are serious questions for the UK Government, the UK Government must come forward with some answers to enable a negotiation to proceed?

[Jenny Chapman]

My hon. Friend is right. I am in danger of reading out my speech before I reach the part in question, but I can say that Wales has succeeded in reaching something close to a cross-party consensus.

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[Jonathan Edwards]

The hon. Gentleman has made a point that I shall make later in my speech. We were promised absolutely no detriment; that pledge was made to the people of Wales.

[Stephen Doughty]

I wholeheartedly support new clause 158. It is a shame that my new clause 157 was not selected; it had a similar intent. Does the hon. Gentleman share my concern that, despite repeated questions to the Government, they have refused to guarantee that Wales will not be left a penny worse off as a result of leaving the European Union?

[Jonathan Edwards]

I thank the hon. Gentleman for his intervention, and for his new clause, which we would have been delighted to support. That is exactly the point that I shall be making during my contribution on new clause 158.

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[Jonathan Edwards]

The hon. Lady is right to mention the fears about Ford because it is a major employer. I pay tribute to her for having the courage of her convictions when she voted against the Labour Whip last week.

Vote Leave campaigned on a platform of sovereignty, claiming that it wanted decisions made as closely to the people as possible. New clause 160 would allow precisely that by requiring the National Assembly for Wales to endorse any final agreement on the terms of exiting the European Union, thereby ensuring that Wales is fully involved in the process and that its needs are met. The Supreme Court ruling, which concluded that the Sewel convention holds no legal weight, confirms our long-held suspicion that devolution, and the principles it champions, is built on sand. Indeed, the UK Government went out of their way in their submission to the Court to emphasise the supremacy of this Westminster Parliament over the devolved Parliaments. Within the UK, it seems as though some Parliaments are more equal than others. Indeed, the Supreme Court ruling is why new clause 160 is necessary. If the British state is a partnership of equals, this is an opportunity for the UK Government to prove it.

The Prime Minister obviously recognises her political duty to consult the devolved Administrations—if only to save her own reputation. After all, she does not want to go down in history for breaking up two unions. Without the leverage of a vote on the final terms, Wales’ input holds no weight. The Brexiteers are ploughing ahead with the hardest of brutal Brexits. The Prime Minister’s “plan” speech on 17 January came before Plaid Cymru and the Welsh Government had an opportunity to submit their White Paper for consideration.

New clause 162 and amendment 90 deal with repatriated powers and the constitutional future of the British state. On the UK’s withdrawal from the EU, powers will be repatriated to the UK, as mentioned by the hon. Member for Newport West (Paul Flynn), and a determination will need to be made about powers in devolved areas. At the moment, there is little experience within the British state of shared competence. Serious thought and consideration must be given to the future of the UK’s constitutional structures. If not, we are in danger of constitutional turmoil.

[Stephen Doughty]

The hon. Gentleman makes an important point. Does he agree that the problem with some speeches from Government Members is that they simply do not get that this is not a unity constitutional state anymore? We have separate Administrations, for example. How will the UK’s internal single market work? Have the Government given any thought to such matters? I do not think they have. Does he agree?

[Jonathan Edwards]

I completely agree. That is why new clause 162 is important in that wider debate. Government Members are riding roughshod over the views of Members of Parliament representing Wales and Scotland and setting a dangerous precedent.

European Union (Notification of Withdrawal) Bill

Stephen Doughty Excerpts

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

[Mr Jones]

My right hon. Friend is right. Article 50 states that the negotiations for the withdrawal agreement should be set against the framework of the continuing relationship. On the face of it, a twin-track approach is envisaged in article 50.

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

The Minister raised our hopes for a second, and then I felt myself deflate as he said that if things did not work out, we would

“fall back on other arrangements.”—[Official Report, 25 January 2017; Vol. 620, c. 295.]

Can he be absolutely clear about what he meant by falling back on other arrangements?

[Mr Jones]

It would depend on precisely what was agreed, but if there were no agreement at all, which I think is an extremely unlikely scenario, ultimately we would be falling back on World Trade Organisation arrangements. That is nothing new. It has been made very clear previously, including by my right hon. Friend the Prime Minister.

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[Anna Soubry]

Let me say from the outset that it is really important that we all step back from the way we have done politics arguably for too long and to the detriment of British politics. I mean the idea that there are “concessions” to be made, that the people have bottled things, that briefings from No. 10 say that no concessions have been made, that concessions have been given and that they are this or that, that it is wonderful that one viewpoint has been triumphant over another or that the hard-line Brexiteers or the remoaners have been seen off. I find that not only tedious and inaccurate but something that does none of us any favours. Most of all, it does not do our constituents any favours, either. I, for one, am sick and tired of it.

I think it was back in September or October when a number of people on these Benches said that what now happens, as we leave the EU—for the referendum result has been accepted—transcends normal party political divides because it is so important. It is important, frankly, not for my generation but for my children and the grandchildren to come. As others have said—possibly on the Opposition side; I do not care, and I will give credit to whoever said it—this is the most important set of negotiations that we have entered for decades, and it is critical that we get them right because of the consequences for generations to come.

Can we, in effect, stop the sort of—I nearly said willy-waving, Mr Howarth, but that might not be a parliamentary term. However, that is actually what it is, and it is not acceptable any more. Let us try to come together to heal the divide. This needs to be said. Let me extrapolate from the vote, not just in my constituency but in Nottingham and with a look to Ashfield. The borough is bigger than my constituency and excludes Eastwood and Brinsley—wonderful places well worth a visit, but I will not go into the demography. In short, I think that the vote for leave in my constituency was about the national average—perhaps 51%, possibly as much as 52%. Some of my constituents voted to leave the European Union, as indeed did people across the country, because they wanted, and were adamant about this place having true sovereignty, or true parliamentary sovereignty.

The awful irony is that, since the vote—I am going to be very honest about this—many people feel that Parliament has been completely excluded. The Government had to be brought here. This Bill is before us because some brave citizens—and they were brave—went to court to say that parliamentary sovereignty must mean that: it must be sovereign and it must exceed the powers of the Government and the Executive. It has felt, as I say, as though this place has been excluded at all stages. And so it has come about that we are leaving the single market, and we have abandoned free movement. We have abandoned long-held beliefs in all parts of the House, with no cross-party divide. In some instances, we have voted against everything that we have believed in for decades.

Last week, when we voted to translate the result of the referendum into action, we did not vote according to our consciences or our long-held beliefs. I did not vote with my conscience, and if I am truthful about it, I am not sure that I voted in the best interests of my constituents. That upsets me, because I did not come here for the sake of a career; I came here because I wanted to represent my constituents and do the very best for them. I genuinely do not know whether I did that last week. However, I was true to the promise that I had made to my constituents. I had promised them that if they voted leave, they would get leave, and that is what drove me through the Lobbies last week with a heavy heart and against my conscience.

I do believe that I did the right thing, and I can look myself in the mirror every morning believing that I have been true to the promise that I made to my constituents; but I am jiggered if I am not now going to be true to my belief in parliamentary sovereignty. I do not want to vote against my Government. I have never been disloyal to my Government, even though at times—well, we won’t go into that. I have always been true and loyal to them. In this instance, however, I think that new clause 110 embodies admirable objectives. Goodness me, anyone would think that the new clause was revolutionary. All it would do is ensure that whatever happens—be it a deal or something else—Parliament must approve it, and I certainly support my Government and my Prime Minister in all their efforts to secure that deal.

I thank the Minister for the concession that he has made. If Members do not like the word “concession”, I will abandon it, but what the Minister has said has been the right thing to say. I completely agreed with the excellent speech made by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve). This is progress, and it is the right thing to do. What concerns me is what will happen if, despite their best efforts, the Government fail, through no fault of their own, and we have no deal. How revolutionary is it to say, in the event of no deal, and at the right and meaningful time as we proceed to that new relationship, “Please could we have a say—not on behalf of Parliament, but on behalf of all our constituents?” That is why we come to this place.

[Stephen Doughty]

The right hon. Lady has got to the nub of the issue. I, too, would like new clause 110 to be pushed to a vote. Throughout this process, my constituents have seen Parliament sidelined and presented with a “deal or no deal” option. We face the horror of ending up on WTO terms, or, even worse, in some sort of limbo. Given the difficulties of negotiating even WTO terms, our country would be in a bigger mess than the one it is in already. That is what my constituents fear, and that is why they want Parliament to have a say.

[Anna Soubry]

I agree with much of what the hon. Gentleman says, but I am also reminded of what was said by my right hon. and learned Friend the Member for Beaconsfield. As he rightly asked, who knows where we may be in two years’ time? No one seems to have thought about the issue in those terms. God forbid, but we may not have our Prime Minister then: we may have another Prime Minister, for whatever reasons. We may not have the same Secretary of State, or, indeed, the same Minister of State. Those circumstances could change, and other circumstances could change, such as the economy or the mood in Europe.

There may indeed be circumstances—and the hardline Brexiteers have surely missed this point—from which they may want to protect themselves. They may then want that debate. It is also possible that WTO tariffs and the other developments that the hon. Gentleman and I fear would be in our best interests. That is the whole point: we do not know where we shall be in two years’ time. It is right for us to keep our options open, and it is right for us to have a debate and a vote.

European Union (Notification of Withdrawal) Bill

Stephen Doughty Excerpts

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

[Keir Starmer (Holborn and St Pancras) (Lab)]

I rise to support both of the amendments that have been passed in the other place. They started life as Labour amendments at the Committee stage in this House, Labour peers led on them and voted for them in the other place, and they will be supported by Labour MPs here today.

The question is this: are Conservative Members willing to listen to the arguments in favour of the amendments, to which I know many are sympathetic and have concerns about, or will they go along with the Prime Minister’s increasing obsession to pass a clean Bill, unamended, even if that means ignoring amendments that would improve the Bill and provide much better protection?

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

Will my hon. and learned Friend give way?

[Keir Starmer]

I will make some progress because lots of Members want to speak, and the more I give way now, the more irritating it is for those who want to make their own contribution.

The Government are about to embark on the most complex and challenging undertaking of any British Government since the second world war. The decision the Government make and the deals they strike will have profound consequences for almost every aspect of British life. It is therefore essential that the Government do not fail or take the country down the wrong path. Starting negotiations by guaranteeing the rights of EU nationals and ending negotiations with a meaningful vote will help to guard against that fate.

Let me turn to the amendment on EU nationals. My question for the Secretary of State and for the Government is this: what is the problem? This is not about delay. The way to prevent delay is to accept the amendment and get on with it. The purpose of the amendment is to bring forward proposals

“Within three months of exercising the power”

to trigger article 50. The Secretary of State says that we want an early deal—well, if it is within three months, there is no problem with the amendment. The amendment only affects the Government’s approach if they do not get an early deal. That is why it is so important. To portray this as a delaying tactic is not to read the amendment and not to appreciate what it says: that the purpose is to bring forward proposals “Within three months”.

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[Keir Starmer]

I am going to move on to the question of the meaningful vote in Lords amendment 2. I remind the House that as recently as December the Prime Minister was refusing to guarantee that Parliament would be able to vote on whatever agreement the Government reach with the European Commission. Under pressure, that position changed early this year, but it was only when Labour tabled an amendment to the Bill in Committee that the Government made a set of commitments on the Floor of the House.

Those commitments, which were set out by the Minister of State and have now been repeated by the Secretary of State, are: first, that Parliament would be able to vote on the final draft agreement; secondly, that Parliament would get a vote not just on the so-called divorce settlement—the article 50 agreement—but also on the agreement on the future relationship with the European Union; and, thirdly, that the votes in this Parliament would take place before any votes in the European Parliament. Lords amendment 2 will simply put those commitments into the Bill, which is why it is so wrong for the Government not to accept it in principle.

[Stephen Doughty]

Is my hon. and learned Friend aware of the ICM poll for Avaaz, published in just the past two hours, showing that a clear majority of the British public supports a meaningful vote, with 52% supporting such a vote and only 27% saying the opposite?

[Keir Starmer]

I have seen that poll, which is of course important, but this is a matter of principle. This is a question of whether this House should be able to vote on the deal reached in two years’ time before the European Parliament votes and should be able to have a meaningful say, and that is what it has been, in principle, from start to finish.