European Union (Withdrawal) Bill

Stephen Doughty Excerpts

Committee: 4th sitting: House of Commons
Monday 4th December 2017 Commons Chamber

[Jenny Chapman]

It is a pleasure to serve under your guidance, Mrs Laing. I will speak to new clauses 64 and 65, as well as to amendments 42 and 337, which stand in my name and those of my right hon. and hon. Friends.

New clause 64 would establish a collaborative procedure for the creation of UK-wide frameworks. It would require that the Secretary of State must lay before each House proposals for replacing European frameworks with UK ones. We need those frameworks to enable the functioning of the UK internal market; to ensure compliance with international obligations; to ensure the UK can negotiate and enter into international treaties, or, if we leave the customs union, trade agreements; to enable the management of common resources; to administer and provide access to justice in cases with a cross-border element; and to safeguard the security of the UK. The frameworks will have a significant impact on the carefully constructed devolution settlements in the Union. They must be created in collaboration with the devolved Administrations.

The birth of devolved Governments in Scotland, Wales and Northern Ireland was a significant change to the running of the United Kingdom. The then Scottish Secretary, Donald Dewar, battled to extract powers from Whitehall mandarins, who attempted to cling on to them. Then, as now, the default position of Whitehall is to hold on to power whenever possible. There are those who believe that this pro-Whitehall centralising tendency, on display yet again in clause 11, is evidence of the Tories’ reluctance to engage with devolved Administrations, or, even worse, that it signals a persistence of their initial opposition to devolution as a point of principle.

I am pleased to say that I am not one of those people. I believe we have come a long way since 1997, thanks in large part to the persistence of Donald Dewar and others. I sense that the Government’s decision to withhold retained EU powers in Whitehall is not an anti-devolution stance, but instead one of the clearest indications yet that the Government are just not coping with the task of Brexit. The Government simply have not had the ministerial headspace—or, as Alan Milburn said, the bandwidth—to engage with the consequences of Brexit for the established, yet still young, devolution settlements now in place.

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

I completely agree with the point my hon. Friend is making so eloquently. Does the news from Brussels in the last few minutes about the complexity of the negotiations not show that the Bill, and the whole process of Brexit, will have far greater consequences for our country, not just for the economy but our whole constitutional settlement and the way we run our affairs here in these islands? The very serious consequences needed to have been much more clearly thought through by the Government.

[Jenny Chapman]

I encourage Ministers to listen very carefully to what my hon. Friend says. Like me, he has a deep concern about what clause 11 may mean for the devolved Administrations. We watch with alarm the statements being made today. We hope the position is clarified very quickly.

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[Jenny Chapman]

That is shocking. I am sure that the hon. Gentleman and other colleagues from Wales will continue to make the point as the debate proceeds. Needless to say, the Government’s attitude has been most concerning to me and to First Ministers, because it suggests that they are not interested in the needs and ambitions of the people of Scotland, Wales and Northern Ireland. That approach is regrettable, but it is not too late to change it.

[Stephen Doughty]

My hon. Friend is being very generous in giving way. Just last week, senior border immigration officials told the Home Affairs Committee that the implications for the Welsh ports of Holyhead, Fishguard and Pembroke, which other Members have mentioned, are very serious in practical terms unless we remain in the customs union, for instance. That underlines the point that my hon. Friend is making about proper frameworks, the Joint Ministerial Committee and so on, and the points made in the new clauses and amendments.

[Jenny Chapman]

I could not agree more.

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[David T. C. Davies]

I am comparing not the two referendums but the reaction to those two referendums. On that point, I am probably on the same side as the hon. Gentleman.

[Stephen Doughty]

The hon. Gentleman appears to be making light of the powers coming back from the EU. The Welsh and Scottish Governments were promised that the powers would go to those Administrations. The powers cover a huge number of areas. The Scottish Government reckon there are 111 returning powers, and the Welsh Government reckon the figure is 64. A huge number of areas are coming back here, rather than going to where devolved competence exists. While he is at it, will he tell us which way Monmouthshire voted in the EU referendum?

[David T. C. Davies]

The hon. Gentleman knows the difference between a local authority area and a parliamentary constituency, so he knows there is absolutely no way of telling what the Monmouth constituency did. He will be aware that it was quite close in the Monmouthshire local authority area. Indeed, there was a very small majority in favour of staying in the European Union. He will also be acutely aware, as I am sure is the hon. Member for Torfaen (Nick Thomas-Symonds), that I represent 10,000 Labour-voting, traditionally working-class voters in Torfaen. I respect those voters, and they voted overwhelmingly to leave the European Union. Some people say I should not listen to such people, but I tell the hon. Member for Cardiff South and Penarth (Stephen Doughty) that those people mean as much to me as anyone living in Monmouth. I will represent their views, and they overwhelmingly voted to leave the European Union.

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[Ian Blackford]

Absolutely. When so many people have worked so hard over many generations and many decades to establish the Scottish Parliament, this attack on the competences of the Scottish Parliament by the Government is absolute bare-faced cheek.

The Tory Members of Parliament from Scotland should remember what they said: that they are here to stand up for Scotland. Tonight they have their opportunity. Are they prepared to see this power grab against the Scottish Parliament? Are they going to vote to take powers back from the Scottish Parliament to Westminster? That is the simple choice that Conservative Members of Parliament face tonight.

It is deeply depressing that the UK Government did not even bother to consult the devolved Administrations on the legislation before publishing it. Where is the respect when they cannot even talk to their colleagues in the devolved Administrations as they should do? I am sure that that obvious act would have saved many of the problems and headaches the Government now face over the devolved aspects of the Bill.

[Stephen Doughty]

I was happy to put my name to amendment 72 because it is not about whether we want this Brexit Bill to go forward or not—a leaver or a remainer could support amendment 72—but about respecting the constitutional settlement and respecting the rights of the Welsh Assembly, the Northern Ireland Assembly and the Scottish Parliament.

[Ian Blackford]

I am very grateful for the hon. Gentleman’s remarks. He is absolutely correct. Amendment 72 is about protecting the interests not just of the Scottish Parliament and Government, but of the Administrations in Wales and Northern Ireland.

A point was made earlier about where sovereignty lies, but this House has to be very careful about going against the wishes and the democratic institutions that have been established in all the devolved areas. We play with that at our peril. I am delighted that amendment 72 has gathered support across the House. I sincerely hope—I plead with them—that the Scottish Conservatives join us and support it tonight. Let us all stand up with one clear and united voice, defending the interests of the Scottish Parliament. Do that tonight—stand up for Scotland. It is their moment to stand up and defend the devolution settlement.

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[Ian Blackford]

I am going to make some progress.

The enormity of clause 11 has been highlighted by numerous legal experts. Professor Alan Page noted that the Bill proposes a massive increase in the power of UK Ministers to legislate in the devolved areas. Professor Richard Rawlings noted:

“The sooner clause 11 is cast aside, the better.”

Professor Stephen Tierney has noted a confusion around the Bill, made even more problematic by the fact that the interpretation of devolved competence will become an area of constant fluctuation.

In evidence to the Scottish Parliament’s Finance and Constitution Committee in early November, the Under-Secretary of State for Exiting the European Union, the hon. Member for Worcester (Mr Walker), stated that it was “quite possible” that the clause restricting the Scottish Parliament’s competency would be “substantially reduced”. We are having this debate today without any action having been taken. I am deeply disappointed that the Government should have found time to table an amendment on the date of Brexit, but have failed to table anything rectifying the mess they have made of clause 11. The House of Lords Delegated Powers and Regulatory Reform Committee report even concluded:

“The Order in Council powers in clause 11 and Schedule 3 are inappropriate and should be removed.”

Secretary of State, why has that not happened?

The problem with clause 11 is not just the power grab. The Law Society of Scotland has raised concerns around the modifying of conferring power by subordinate legislation to modify retained EU law. It highlights that it is not clear what Acts of the Scottish Parliament the new provision will apply to. The Bill suggests that the provision is not intended to be retrospective and will apply only to post-exit Acts of the Scottish Parliament. But what exactly is such an Act—an Act enacted on or after exit day? That would mean that legislation would be required to comply with that restriction even if it was introduced months before exit day and even if it had been passed by the Scottish Parliament before exit day.

Following the mounting pressure, lists of questions and growing criticism, the UK Government brought forward a plan of common frameworks. Although we on the Scottish National party Benches recognise that common frameworks that replace EU law across the UK may be needed in some areas, the competence in matters otherwise devolved should revert to the Scottish Parliament. The scope and content of any UK-wide framework must be agreed rather than imposed. That is the fundamental point. We welcome the Secretary of State’s commitment to that principle.

Although the UK Government have indicated that they wish to develop common frameworks, it is not currently clear how policy within those frameworks might be agreed. The Law Society of England and Wales has called for discussions about where common frameworks will remain and the extent of their scrutiny. Professor Michael Keating has warned of the UK Government creating a “hierarchical model of devolution” through the frameworks. With clause 11 in place, agreement can never be reached, as the price of UK Government demands for an agreement would be reservation of the matter, putting the terms and operation of the common frameworks beyond the powers of the Scottish Parliament. Reading clause 11 leaves me in no doubt of that. Whoever drafted it had absolutely no understanding of the devolution settlements of the Scotland Act 1998.

The Scottish Government have published the 111 powers at risk in clause 11 of being held centrally in London despite falling under devolved competencies. Those powers range from agriculture, to justice, to environmental standards. Devolution has meant the divergence of policy across the UK. The Climate Change (Scotland) Act 2009, passed unanimously in the Scottish Parliament, established Scotland as a world leader in tackling climate change. As the UK Government seek continually to catch up, any holding centrally in London of powers that affect this policy divergence will not only hold back the progress Scotland has made on environmental matters but prevent any legal measures that aim to deliver phased introductions on any proposal.

The confusion around the effect of clause 11 deepens. When asked multiple times, as I have done, to name just one power that is currently coming back, the Secretary of State has not been able to do so. Yet the Cabinet Office says that

“anything”

the devolved Administrations

“could do before we leave the EU, they will able to do after we leave”.

The truth is that this Bill does not provide for a single new decision-making power for any of the devolved legislatures. Everything goes to London, and it is for London to decide what ultimately happens to these powers. Where is our sovereignty in all this? Where is the sovereignty of the people of Scotland?

The Scottish Government have been clear that there is no way the Scottish Parliament can grant a legislative consent motion until this Bill is drastically dealt with. If no progress is made today on the amendments tabled in the names of Scottish and Welsh Members, there will be no change in that position. Let me make it clear: we do not want to be in the position of not granting a legislative consent motion. We want to do that, but in order for us to do so, the Government have to respect the powers that should sit in the Scottish Parliament. [Interruption.] The hon. Member for Stirling (Stephen Kerr) is saying, “Really?” We have tried to engage in this process constructively; it would be great if the Conservatives would engage in the same way.

[Stephen Doughty]

Is the right hon. Gentleman genuinely surprised that there has not been progress on some of the reasonable amendments that have been tabled on a cross-party basis, given that the Secretary of State for Scotland himself said to the Scottish Affairs Committee that

“it may be that some amendments can be accepted with a little bit of modification”?

I would have hoped that by this stage the Government would have made more progress on some of the very reasonable amendments that have been tabled.

[Ian Blackford]

The hon. Gentleman makes an important intervention. We are 17 months on from the vote and we are at a very important stage of this Bill.

We are trying to negotiate on the basis that we recognise the threats that we are facing. It is incumbent on the Government to recognise that we have to get agreement between the Government in London and the Governments in Edinburgh, Cardiff and Belfast. It saddens me that we are having eight hours’ debate today and will have eight hours’ debate on Wednesday, and the Government’s approach just seems to be that they are listening. How long does it take them to listen, and how long does it take them to respond to the fact that they are trampling over the powers of the devolved Administrations? The Government in Edinburgh and SNP Members are making it absolutely crystal clear that we do not want to be in the position of a legislative consent motion being withheld. We want to make sure that we can strengthen this Bill to the advantage of everybody, but we need to get the position from the UK Government that they are prepared to respect the Administrations in Edinburgh, in Belfast and in Cardiff.

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[Ian Murray]

Thank you, Mrs Laing. If I may, I will respond to what the Taoiseach said just by saying I am surprised that he is disappointed, but not surprised that he is surprised.

[Stephen Doughty]

With specific reference to the amendments, particularly around the importance of joint ministerial consultation on a number of matters, does my hon. Friend wonder, like me, whether the First Minister of Wales, the First Minister of Scotland and indeed the Mayor of London, whom we have heard speaking out, were in any way consulted on the potential terms that were being offered in the negotiations in Brussels today?

[Ian Murray]

That is my point about the constitutional crisis we are in. It seems that the only way to follow the discussions between the UK Government and the EU is on Twitter. Journalists seem to know what is happening before hon. Members. We are getting a running commentary from the Government through press releases, but there is absolutely no proper consultation with the devolved Administrations.

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[Ian Murray]

I could not agree with the hon. Gentleman more, but why not bring some of that to the House, rather than leaving it for commentary on Twitter? Journalists following the Prime Minister seem to know much more about what is happening than anybody in the House. If the Prime Minister were to fly home—Ministers can get back from foreign countries very quickly, as was demonstrated over the summer—come to the House and let us know what was going on, we would not need to stand here and speculate. The hon. Gentleman made an intervention about regulatory harmonisation. I think he let the cat out of the bag when he mentioned that the DUP was firmly against regulatory harmonisation in the island of Ireland, and that is why this is so important across the rest of the UK.

[Stephen Doughty]

Has my hon. Friend noticed that the Minister who has apparently been briefing Conservative Members has just appeared in the Chamber? Perhaps he could give us some answers about what has been going on in Brussels today.

[The First Deputy Chairman]

Order. No he cannot. We are discussing new clauses and amendments to the Bill, not what people are seeing on Twitter. If the Prime Minister has anything to report to the House, I am sure that she will come at the earliest opportunity to give such a report.

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[Ian Murray]

I do not wish to be disrespectful to the hon. Gentleman. I know that he is new to this place, having been elected in June 2017. However, he could have tabled his own amendment to do what he wants to do. He has the cheek to stand in the Chamber and criticise my amendments, and say that he wants to seek assurances from his own Government, but he does not have the nerve to table his own amendment.

That highlights one aspect of the debate. Scottish Conservative Members are happy to bluff and bluster in the Chamber, straight from the Alex Salmond playbook, but when it comes to putting their money where their mouths are, they will walk into the Lobby with the Government in order not to deliver what they fundamentally believe should be delivered. I look forward to the hon. Gentleman’s tabling a raft of amendments on Report to ensure that clause 11 becomes a much better clause, and I look forward to his being influential with Ministers to ensure that those amendments are carried.

[Stephen Doughty]

Is it not the case that the reason why my hon. Friend and I—and, indeed, a number of Members on both sides of the House—had to work together to table the amendments, with the support of the Welsh and Scottish Governments, is that the Bill is deficient in so many areas, and needs to be fixed in so many areas before we can even consider allowing it to proceed, and before the Welsh and Scottish legislatures will give their consent?

[Ian Murray]

Absolutely. I think that it comes down to the word “trust”. Many reports on the Bill come down to whether or not the devolved Administrations trust the UK Government to deliver what they are attempting to deliver in the Bill, and I do not think we can trust them to do that. The Law Society of Scotland has argued that the Bill should be revised because clause 11 has no transitional basis: it is an open-ended provision that could last forever. We could see Ministers in Cardiff, Edinburgh, Belfast and, indeed, Whitehall arguing about the minutiae of the detail rather than getting on with the job in hand, for political purposes. We have seen in the House, in respect of every single aspect of devolution, that when it comes down to the politics, it is the people who lose out and the politics that try to win out. We should be very wary of that while we are debating this Bill.

[Stephen Doughty]

I thank my hon. Friend for giving way again. He is being very generous. Does he agree that this is relevant to an example that has been set in relation to so many issues, including the issue of the Agricultural Wages Board? We do not want case after case to end up in the Supreme Court, with vast amounts of taxpayers’ money being spent and the UK Government fighting the devolved Governments over matters on which they have the clear competence.

[Ian Murray]

Absolutely. We could become involved in a constitutional battle with no end in sight. The Institute for Government, which I am sure is respected by Members on both sides of the House, has said that the Bill

“has exacerbated the already serious tensions between the UK and the devolved Governments”,

and we see that day after day. The Repeal Bill Alliance concluded:

“By returning all EU power to Westminster against the wishes of Scotland and Wales, the EU (Withdrawal) Bill is an attack on the principles of devolution.”

So time and again Committees of this House, independent bodies and respected bodies tell us that this Bill is deficient, is a power grab by the Government, and could be done in a different way.

The report of the Public Administration and Constitutional Affairs Committee concludes that, on clause 11:

“The overall concerns regarding the devolution aspects of the EUW Bill arise from the constitutionally insensitive nature of the UK. Government’s approach”.

I am trying through these amendments to take away some of that constitutional insensitivity, so as to be able to get to a place where we can be much more comfortable that the Government will do what they said they would do.

The Brexit Select Committee and its well respected Chair, my right hon. Friend the Member for Leeds Central (Hilary Benn), have also produced a report on the Bill and found that

“the devolved administrations have insufficient trust in the process for agreeing these future relationships and have, accordingly, indicated that they will withhold legislative consent from the Bill.”

That is an incredibly serious issue, because the Scotland Act 2016 put the Sewel convention on a legislative footing that means the UK Government should not be legislating in devolved areas unless the Scottish Parliament, or any of the other devolved Administrations, pass a legislative consent motion. They are saying they will withhold an LCM as this Bill is currently constituted, which would mean we end up in yet another constitutional difficulty with regard to whether this Bill will even be passed.

What will the UK Government do? They will ride roughshod over the constitutional settlement, over the Sewel convention, and over the Scotland Act 2016, in which the convention was put on a statutory footing, in order to get this Bill through. But if they were just to work cross-party on clause 11, and, indeed, with some of their own Members from the Scottish Conservatives, they might get to a place that we could all support and respect.

It is worth working through some of the alternative solutions put forward by the Law Society of Scotland, particularly for the hon. Member for East Renfrewshire, who is desperate to find an alternative to this clause. The society is not saying that any of these solutions takes preference over the others; it is merely proposing some of the different ways this could be done to make it less constitutionally insensitive. One of them is:

“Repeal the EU law constraint and amend schedule 5 to re-reserve specific competences to the UK level to enable UK Government to establish common frameworks.”

That would, essentially, allow us to devolve the vast majority of the competences coming back from the EU, and, with agreement, reserve some of the more complicated issues as may be required, agriculture being one that has been mentioned.

The society’s second alternative suggestion is:

“Replace the cross-cutting EU constraint with new cross-cutting constraints, for example to protect the UK single market and/or to comply with international obligations. These might be more or less extensive than the EU law constraint in practice, but would have the benefit of (a) an underpinning principle and (b) catering for unforeseen cases.”

I am not advocating any of the suggestions, but it is worth airing that there are alternatives to clause 11 in this Bill.

Another of the society’s suggestions is:

“Repeal the EU law constraint leaving EU competences to fall as determined by schedule 5”

of the Scotland Act 1998,

“and any new common frameworks to be established by agreement between the UK Government and the devolved administrations.”

That provides a direct answer to the hon. Member for East Renfrewshire. We could devolve everything, but come to an agreement with regard to some of the UK-type frameworks and common frameworks that might be required.

Alternatively, we could:

“Adopt the provisions in the bill on a transitional basis only and subject to a specific cut-off date. At the expiry of the transitional period, powers in devolved areas would revert to the devolved legislatures, unless specific alternatives had been put in place.”

Indeed, we could clearly mix and match from the four alternative solutions from the Law Society of Scotland, but this goes back to the fundamental principle of trust—to the fundamental principle of whether the UK Government and devolved Administrations are truly working together to seek a solution or whether the politics of this trumps the solutions that might be required. That is why we should pass the Opposition Front-Bench new clause on the JMC.

I have proposed these amendments to try and take the edge off this Bill. We are heading into a constitutional crisis. The Conservative party has left this country out of the EU and is risking the constitutional framework of the UK. The question that cannot be answered by this Government is the same question that the Members of the SNP cannot answer, but in reverse: why are the EU single market and customs unions so important—as I believe they are, and on which we see the issues with regard to the island of Ireland—but the UK single market is not? Likewise, I say to the Conservative party, how can they have stood on a platform in the 2014 Scottish referendum saying that removing Scotland from the UK single market would mean a hard border, customs checks and no free movement of people from Scotland into England, and defending that principle, but do completely the opposite in terms of the island of Ireland now? We cannot have the single market and customs union principles on one hand, and then discard them on the other because it suits our political ideology.

It is clear that having a frictionless, seamless border between Northern Ireland and the Republic of Ireland while not staying in the single market or the customs union is utterly impossible to achieve. I say that because I was persuaded by the arguments the UK Government made back in 2014 that removing Scotland from the single market of the United Kingdom would require a hard border at Berwick.

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[Pete Wishart]

I am grateful for the hon. Gentleman’s intervention, as always, but I do not recognise his view of the way things are progressing. If he will forgive me, I will make some progress and we will look at some of these issues once again. I am not going to satisfy him on these matters and his intervention has certainly not reassured me about the general progress that we have to make.

Let us get back to more of a consensual tone, because I note from the hon. Gentleman’s irritation that I may have been a tad too political in some of my remarks. I look around and I see my colleagues from the Scottish Affairs Committee on the Conservative Benches. I am genuinely grateful for the contribution that they have made. We have designed a way forward in our recommendations and observations that might help to resolve this issue. Resolution is what is required, and I think we all agree that we can find it. Although our recommendations do not directly match what is in the amendments, they are roughly in the same territory.

I think that we all agree that a framework should be agreed and not imposed. Looking around, I think that we are all agreed on that one. That is good. I think that we agree that the UK Government should not legislate on areas of competence devolved to the Scottish Government. Perhaps there is not so much agreement on that one. It genuinely disappoints me that Conservative Members still believe that it is right for the UK Government to legislate in areas of devolved competence. I am looking at the ministerial team, hoping that they will reassure me that that is not what they are seeking to do. No, I am not getting that either. We will leave that there. We were doing well and making a bit of progress, but perhaps that is a step too far. That is the difficulty that we are starting to encounter.

I am pretty sure that Ministers do not share my characterisation of the process, so I will be interested to hear what they say. I am interested in how they will describe the repatriation of devolved competences straight to the United Kingdom, instead of to the devolved Assemblies and Parliaments where they should be; how we will come together to agree the common frameworks, working together in a spirit of consensus—all the warm, cuddly things that the hon. Member for Harwich and North Essex suggested he wants—instead of having them imposed; and then some sort of process of redistribution through Orders in Council and all that sort of stuff. It is disappointing that we cannot hear that.

Amendments 164 and 42 would ensure that the UK Government had to consult and secure the agreement of the devolved Administrations in this context, so they roughly match what I have said. Indeed, they roughly match what the Secretary of State for Scotland has said. This is a really good quote from when he came before the Scottish Affairs Committee:

“A UK framework is not a framework that the UK Government imposes; it is a framework that is agreed across the United Kingdom.”

That is the approach that we need to hear more of, and we need to see how that works out. I very much support the cross-party amendments that were tabled on behalf of the Scottish and Welsh Governments, which are mainly in the name of the hon. Member for Edinburgh South (Ian Murray). I appreciated his comments today.

I am sorry to say to Labour Front Benchers that we cannot support new clause 64. I know that it is the lead new clause, but we will abstain because it suggests that the frameworks should be designed by the UK Government; not that they should come together with all the devolved Assemblies and Parliaments. Unfortunately, we cannot side with Labour on that. I hope that it withdraws that new clause. I am looking at the hon. Member for Greenwich and Woolwich (Matthew Pennycook). Please withdraw it because it is not helpful. We need all the parties in this House to work together. The presumption that the UK Government will be responsible for initiating the frameworks is not acceptable to us.

I do not even think that that is acceptable to—I am looking at Welsh colleagues—the Welsh Assembly, which the Labour party runs. I am looking at the hon. Member for Cardiff South and Penarth (Stephen Doughty). He will have to tell me whether the Welsh Government are absolutely happy about the UK Government designing frameworks.

[Stephen Doughty]

indicated assent.

[Pete Wishart]

He is saying that it is, so I will accept that.

[Pete Wishart]

I am grateful to the hon. Gentleman, because I said that. I said that the amendments do not directly match our recommendations, but that they are in roughly the same territory. I think that he will agree with me about that. He is right that they do not match.

[Stephen Doughty]

Will the hon. Gentleman give way?

[Pete Wishart]

Yes, of course—as long as I am hearing from the Welsh Government.

[Stephen Doughty]

The hon. Gentleman gives me more power than I currently have. I refer him to the detail of new clause 64. Subsection (3) states:

“Ministers of the Crown shall only create”

these frameworks with the advice and consent of the devolved Administrations. We put that forward with the aim of securing their agreement. It relates to the wider discussion and to the other amendments about the Joint Ministerial Committee. I do not think that we should be doing things on a UK-wide basis without their consent. Unfortunately, that is exactly what the Government are doing.

[Pete Wishart]

I am grateful to the hon. Gentleman for clarifying that. I just refer him to exactly what is in new clause 64:

“Ministers of the Crown shall only create UK-wide frameworks”.

The presumption is that Ministers of the Crown will create them.

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[John Lamont]

I am grateful to the hon. Gentleman for that point. I will leave it to him to explain to his constituents why, by pressing his amendment, he will be putting at risk Scotland’s place in the United Kingdom. The amendment would damage the internal market of the United Kingdom and Scotland’s place in the United Kingdom. We are not supporting it because it goes too far. As my hon. Friend the Member for East Renfrewshire (Paul Masterton) explained, we want to amend the Bill, but we will not do so if it puts Scotland’s place within the United Kingdom at risk. The amendment tabled by the hon. Member for Edinburgh South would do that, and that is something that we will be reminding his voters of.

I come to this debate as someone who was disappointed with the result of the referendum in 2016, but I am also a democrat. We need to accept the result and move on to ensure that we get the best outcome possible for Scotland and the United Kingdom. SNP Members would do well to show a degree of acceptance of that, too. They have been on the losing side of two referendums in recent years, but they seem to be unable to accept the result of either.

Our job now is to deliver Brexit smoothly and in a legally coherent way. That is why the Bill is so important. It is horrifically complicated—I expect that most people in our country do not really understand what it is all about—and it could affect many aspects of our everyday lives, particularly in constituencies in parts of our country that are also governed by devolved Parliaments and Assemblies. Rather than focusing on the detailed wording of each clause, my approach has been to focus on outcomes. What do Scottish residents living in the border communities that I represent want to achieve from this process? What do Scottish farmers believe to be important? What do Scottish businesses and traders want from leaving the EU? What do our fishermen want to see on the other side of Brexit day? Ultimately, they all want as little disruption as possible. They want to be able to trade, move, and work within Scotland’s most important trading partner—the rest of the United Kingdom.

[Stephen Doughty]

Given the concerns that the hon. Gentleman is raising about many issues and the complexity that he is describing, is he not surprised to hear that, in recent moments, the statement that the Prime Minister was due to give to the House tomorrow about the negotiations and these matters of devolved Administrations has apparently been cancelled? The Prime Minister will not be coming here. Does he not agree that she should come to this House to explain just what is going on with these negotiations?

[John Lamont]

I am grateful to the hon. Gentleman for his intervention. I will not get involved in a running commentary on what he has been reading on Twitter. I look forward to hearing what the Prime Minister has to say when she is ready to speak to us.

My priority from Brexit is twofold. My first priority is to protect the integrity of the UK internal market, which is worth four times more to Scottish businesses than that of the European Union. The other priority is to get the best possible access to the EU market. That, I believe, is also the priority of SNP colleagues, although there are differences over how we define the word “possible”.

The amendments proposed by the Scottish and Welsh Governments would, I believe, put the United Kingdom internal market at risk, which is why I cannot support them. By automatically devolving powers, they would place unnecessary barriers to trade between Scotland and the rest of the UK, our largest market. While accepting the need for common frameworks, the Scottish Government’s approach seems to be that everything should be devolved on day one and there should then be a process of trying to re-reserve powers to Westminster at a later date once we know what trade agreements require a UK-wide approach. That approach would bring an extra layer of uncertainty at an already uncertain time.

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[Ross Thomson]

No, thank you.

We need clause 11 to work for our United Kingdom—to protect it as well as enhancing our devolution settlement. It is in the interests of all our constituents that a deal is reached and an LCM is passed in the Scottish Parliament, so perhaps the right hon. Member for Ross, Skye and Lochaber should reflect on his pantomime performance earlier this afternoon. I know he is no longer in the Chamber, but as my hon. Friend the Member for Harwich and North Essex (Mr Jenkin) stated, the Scottish Conservative group will work constructively with our colleagues to help to support both of Scotland’s Governments in moving forward with a withdrawal Bill that will strengthen Holyrood and maintain the integrity of the UK.

In his speech, the hon. Member for Perth and North Perthshire (Pete Wishart) spoke about having confidence in the UK Government. I actually have confidence not just in the UK Government, but in the Scottish Government because I believe they will come to a deal that will work for the whole of the United Kingdom and for Scotland’s place within it. I do not think we should act prematurely tonight because, as we know, there is an upcoming meeting of the JMC, and there is more to come from such a process. We will not support the amendments tonight because we are taking a constructive, productive approach that will actually deliver for Scotland, rather than playing the politics of grievance.

[Stephen Doughty]

It is a shame to follow the hon. Member for Aberdeen South (Ross Thomson), the tone of whose speech was in stark contrast to those of the more thoughtful colleagues who recognise the very serious problems with the Bill, and particularly with clause 11.

I absolutely assure the hon. Gentleman that I would not sign up to any Trojan horse for independence or for breaking apart the UK. I have been very happy to work together with Scottish National party Members and others on some of the amendments, but they know full well where my views stand on the Union, and we will not agree on that. We can absolutely agree, and I state this as a proud devolutionist, that we have a constitutional settlement that we have spent many years—20 years, in fact—establishing, and I am very proud to support it at all levels. If we throw apart that settlement, we do so at our peril. We are already seeing the chaos created after the negotiations in Brussels today, which is affecting parts of our economy because of the uncertainty for business. Do we really need to add to that uncertainty and chaos in the constitutional settlement of the UK and our islands? I do not think we do.

I rise to speak to amendments 182 and 186 to 188 in my name and those of the hon. Members for North East Fife (Stephen Gethins), for Arfon (Hywel Williams), for East Dunbartonshire (Jo Swinson), and for Brighton, Pavilion (Caroline Lucas), the right hon. Members for Carshalton and Wallington (Tom Brake), for Orkney and Shetland (Mr Carmichael) and for Ross, Skye and Lochaber (Ian Blackford) and my hon. Friend the Member for Edinburgh South (Ian Murray). I support the amendments tabled on behalf of the Welsh and Scottish Governments, and I also add my support to new clauses 64 and 65 tabled by the Opposition, as well as amendment 72 tabled by the Scottish National party—I have put my name to it as well—about legislative consent motions, and the important amendment 337 about transitional arrangements. We will not be speaking much about transitional arrangements today, but they affect the devolved settlements as much as they do many other parts of the Bill.

Withdrawal from the EU represents a major constitutional upheaval for the United Kingdom. I spoke and voted against the Bill on Second Reading, and the Committee will already be aware of my grave concern with the proposed sweeping powers that Ministers intend to gift themselves, bypassing Parliament and in effect subverting the long-established principle that legislative power and sovereignty is in the purview of this Parliament.

The Government are seeking to subvert not just this House, but the elected—duly democratically elected—Governments of the United Kingdom. The amendments I have tabled with other Members seek to protect the devolution settlement. I have with me the various Acts pertaining to Wales. A serious amount of work, effort and consideration has gone into them over 20 years. They are not perfect—they do not necessarily get everything right or include what I and others would like—but they have been developed with the advice and consent of the Welsh people, as have the other settlements with the people of Scotland and of Northern Ireland. They have also been developed by Members of this House, including many Members from across England who take a keen interest in such matters, not least when they relate to the internal borders of the United Kingdom and the differences that may exist.

Although far from perfect, the legislation laid down in law the permanency of the National Assembly for Wales as part of our constitutional arrangements. I am now incredulous that Ministers are seeking to undermine the ability of Ministers of the Crown in Wales, and indeed Scotland, by allowing Whitehall Ministers to pass swathes of secondary legislation in policy areas that it has been long established are administered from Edinburgh and Cardiff Bay.

For those who do not know, the National Assembly is in the heart of my Cardiff South and Penarth constituency, and I take a great interest in that body. I worked there in its early days—in fact, on the first few days after it opened—and like many of the more recently elected Welsh Members in this House, I have spent time in and around both Welsh and UK institutions and I recognise the importance of the settlement we have and how it works for the people of Wales, as indeed it does for Scotland.

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[Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

The hon. Gentleman is making a good speech showing up the deficiencies of the Welsh Assembly and the Scottish Parliament. Does he agree that current events show the vastly advantageous situation in which Ireland finds itself? Its Parliament is not dependent on this place but is actually pulling the strings and telling this place what to do, and this place has to listen.

[Stephen Doughty]

I do not want to get too drawn into conversations about the state of the negotiations. I have already said that they are absolutely shambolic. Members from Northern Ireland are present and I am sure that they will contribute, if they wish to do so, and there will be a great number of debates on Wednesday.

I am absolutely clear, however, that Wales should not be treated less favourably than any other part of the United Kingdom. I am sure that Scottish Members would say the same about Scotland. Whether that relates to debates about remaining in the single market and the customs union—I believe that we should do so—or to other areas of legislative competence or to funding, about which this place has had many lively debates, Wales deserves to be treated as an equal. The First Minister, Carwyn Jones, is absolutely right to have made that absolutely clear this evening, given the shambolic events in Brussels today.

To return to the advice given to Assembly Members, its chief legal adviser has said that the Bill means that, effectively,

“London could step in and make law for Wales on devolved matters”.

The Bill does not stipulate that that would be subject to the agreement of the Welsh Government or the Assembly. In some cases—I am trying to be charitable—constitutional conventions, such as the Sewel convention, would apply, but the reality is that we are expected to take these matters on trust, when we could be legislating for them and getting the Bill’s detail right.

David Rees, a Welsh Labour Assembly Member and Chair of its External Affairs and Additional Legislation Committee, has said:

“If this Bill does seek to constrain the Assembly’s powers, then it could be seen as undermining devolution and the democratic will of the Welsh people, as expressed in the 2011 referendum on full law-making powers for Wales.”

When we talk about referendums, we need to be clear that they all have value and importance. We need to listen to them all, not just one, and not just interpret them as we see fit. Scottish colleagues have also said as much, with the Scottish Brexit Minister saying very clearly:

“The current proposals are a direct threat to the devolution settlement which the people of Scotland overwhelmingly voted for”.

We are talking about different mandates and our democracy; let us make sure that we listen to all parts of that democracy, not just some of them.

The Library clearly states:

“Matters of devolved competence are effectively reserved in this Act of UK Parliament… Devolved competence frozen…which will go out of date over time… No statutory basis for discussing and making new frameworks.”

That is why Labour Front Benchers’ new clauses 64 and 65 are so important. We need to give statutory effect to those frameworks, and we need clear guidance and processes. There is a small degree of disagreement among Members of different parties about their impact, but I will not dwell on that. It is clear that we need clear frameworks to debate and discuss these matters.

As currently drafted, clause 11 will amend both devolution Acts for Wales by inserting a new restriction on the competence of devolved legislatures. The Welsh and Scottish Governments consider that those provisions fundamentally cut across the principles of the devolution settlements, which is why the amendments that so many Members have signed would remove those restrictions in clause 11 and schedule 3.

I do not want to get into too much technical detail, but there is a crucial point to be made about the nature of Welsh devolution and how it has developed, particularly in the new Wales Act 2017, some parts of which have yet even to come into effect. I urge Ministers to look carefully at the sequencing. They do not seem to have thought through the commencement dates of different parts of the Act and how they relate to the Brexit process.

The question whether Wales would have reserved or conferred powers was at the heart of the debate about that Act. Mark Drakeford, a Welsh Government Minister, made some clear points about that in his evidence to the Assembly’s External Affairs and Additional Legislation Committee. He said that, essentially, there would be a move backwards from the reserved powers model and that the areas set out in the Bill would be subject to conferred powers. He set out the case very clearly, and I hope that you will excuse me, Sir David, if I quote what he said:

“In the Welsh Government’s view, this is an extremely complex and confusing basis on which to construct a properly-functioning system of legislative devolution. Even if we agreed with the policy behind clause 11, we would have strongly to oppose the way the Bill impacts on the structural foundations of devolution, reversing as it does many of the gains for devolution which adoption of the Wales Act reserved powers model aims to create.”

This is the danger of the Brexit Bill process. Those who drafted the Bill seem to lack an understanding of devolution and the different ongoing processes. Wales, Scotland and Northern Ireland have much in common, but they are different. One big gain we achieved in the passage of the Wales Act was moving to a reserved powers model, which the Scottish Parliament and Government have enjoyed for some time. It seems absurd for that to be suddenly rolled back, changing and creating different categories when we have just set out what we thought was a settlement. That is an absurd situation.

[Hywel Williams]

I am grateful to the hon. Gentleman for giving way. There is a good deal of agreement between us. He talks about the 2017 Act and some of the more abstract aspects that people listening in perhaps might not understand or follow, but there are practical and technical implications for children’s rights, the environment and so on. Does he not think that those aspects should be explored fully before we move to a vote? I certainly hope to do so.

[Stephen Doughty]

Absolutely. The danger of this place is that we sometimes get into the technical detail, but do not talk about the implications. Fundamentally, this is about where the Welsh Government and the Welsh Assembly have powers over the areas that affect many parts of our lives. When we talk about the impact Brexit could have on the agricultural sector, transport and customs arrangements—look at the debate on Ireland and Northern Ireland today—we need to speak a lot more about how the maritime border between Wales and the Republic of Ireland could be completely messed up, and the effect of the shenanigans and chaos of today’s negotiations on the prospects for Welsh businesses, ports and hauliers. These are real things that affect real lives. They might seem obtuse within this place, but they have an impact in reality.

Finally, I want to reflect on what the Exiting the European Union Committee said in paragraph 77 of its recent report. It was very clear about the problem of trust, and I think that this gets to the heart of the matter. The Government expect us to trust them that everything is going to be okay: there will be no problems; this is all going to fine; and, as I said, it is going to be all right on the night. The Committee said:

“Whilst the Government has said that it plans to work with the devolved administrations to reach agreements on UK common frameworks, the devolved administrations have insufficient trust in the process for agreeing these…relationships and have, accordingly, indicated that they will withhold legislative consent from the Bill. The Government must improve engagement with the devolved administrations. It must reach an agreement with the devolved administrations, which might result in changes to the Bill, setting out how and when…competencies will be devolved.”

What surprises me about this process is that the Government have known about those concerns. They have heard them repeatedly from Welsh and Scottish Ministers. They clearly were not listening to the concerns of some of their Northern Irish colleagues; otherwise we would not have seen today’s mess.

[Angus Brendan MacNeil]

Those concerns have been laid out by the Scottish Government for over a year now. Surely today’s actions by the UK Government show that if they can concede on Northern Ireland with regard to the customs union and the single market, despite the Democratic Unionist party vetoing that, they can make the same offer to Scotland and to Wales.

[Stephen Doughty]

I completely agree. The simple way to resolve all these issues would be for us to stay within the customs union and the single market, to stop messing about, get on with it and remove half the problems that will be created for Wales, Scotland and elsewhere. That is my very clear view.

What I cannot understand is that the Government have been told about these problems repeatedly by Welsh Government Ministers. They have been told about these problems repeatedly by the legal advisers in the devolved Administrations. They have been told about these problems repeatedly by Members of this House. They have had plenty of time to come up with some fixes. Some of these areas are really not that contentious. They are practical. They are not about wrecking the Bill or stopping Brexit; they are about making sure we keep a stable constitutional settlement in these islands.

And yet, where is the evidence that the Government have listened to any of it? So far, there is very, very little. In fact, the Secretary of State for Wales has barely been in here for the debate. Other Ministers have been here for longer. The Secretary of State for Scotland at least had the courtesy to take part in it and make some interventions. The Secretary of State for Wales has been completely absent, apart from about 20 minutes at the start of Bill. I do not think that that shows respect for the people of Wales and for the Members of the Welsh Assembly who have been putting these concerns forward. I sincerely hope that Ministers do listen and come up with fixes to these problems. Otherwise, I can tell them that they will have a very rocky ride on Report and in the other place and that they will have very little, if any, chance of getting the legislative consent motions, which they say they want to receive, from the Welsh Assembly and the Scottish Parliament.

[David Duguid (Banff and Buchan) (Con)]

I welcome the opportunity to speak in this lively debate. I am here to represent all my constituents as best I can, not just those who voted for me and not just those who voted in 2016 to leave. It has been estimated that approximately 54% voted to leave, but I also represent those who continue to have concerns about what will happen after we leave the EU. I appreciate the concerns expressed by many of my constituents, even if I do not necessarily always share them. I will come on to talk about why.

I can understand, to some extent, a certain level of cynicism towards the UK Government—of any Government—by our population. There seems to be a belief, however mistaken, that Scotland’s best interests could be side-lined in the EU withdrawal process. The UK Government, however, are working with, not against, the devolved Administration in Edinburgh to deliver an outcome that works for the whole UK, including Scotland. It is about getting the best deal that works for Scotland, England, Wales and Northern Ireland inside the United Kingdom—that is the key point I want to keep coming back to—so when the SNP and its supporters suggest that Scottish Conservative MPs somehow do not have the best interests of Scotland and the Scottish people at heart, I find that, quite frankly, offensive and insulting. Conservative Scottish MPs, as has been shown, speak up regularly for not only our constituents, but for Scotland as a whole.

I was surprised to hear so much mention of the so-called power grab, considering the amount of progress that has been reported between Ministers from both Scotland’s Governments on that very topic. I was happy to hear my hon. Friend the Member for Harwich and North Essex (Mr Jenkin) quote Nigel Smith, who led the Scotland Forward campaign, that there is actually no power grab. The Bill is about continuity and certainty as much as it is about control. Powers that currently sit with Brussels will return to the UK, but we will still have devolution after Brexit. The devolved institutions, particularly the Scottish Parliament, will end up, through a period of systematic and methodical transition, with more powers than it currently holds. It will certainly have far more powers than if we followed the SNP’s policy of staying in the EU.

The SNP wants the Scottish Government to have more powers, but it does not necessarily want to devolve those powers any further than Edinburgh. It would rather see powers go back to Brussels than to our rural and coastal communities, for example. It has two obsessions: independence and centralisation. [Interruption.] Scotland is far bigger than just the central belt. [Interruption.] It is nice of the SNP to join us.

The Joint Ministerial Committee on EU Negotiations, chaired by my right hon. Friend the Secretary of State for Exiting the European Union, has provided the leaders of the devolved Governments with an opportunity to help to shape the UK’s exit from the EU. This is important because there is a clear need for UK frameworks to protect the sectors of our economy most heavily influenced by EU laws.

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[Chris Skidmore]

I will set out the Government’s position in due course during my speech. [Interruption.] The hon. Gentleman intervened within 30 seconds of the beginning of my speech, and he is not accepting the answer that I have barely been able to give. I hope he will appreciate that I have a speech about the amendments to get through. When it comes to the clause itself, however, we are interested in the views of all Members and all devolved Administrations, and, above all, we are seeking a legislative consent motion. We are determined to approach the clause with a view to consensus.

As I was saying, the current devolution settlements provide that devolved institutions cannot act or legislate in a way that is incompatible with EU law. That has provided common, overarching laws and approaches throughout the UK while we have been in the EU. Those common approaches and laws have meant that businesses, regardless of where they are based in the United Kingdom, can trade with each other in the knowledge that they share agreed standards.

[Stephen Doughty]

The Minister is making an important point about businesses being able to trade. Given the amendments that we have been discussing and the importance of consultation with the devolved Administrations, will the Minister tell me whether the proposals that were put forward in Brussels today on the Northern Ireland-Irish border were discussed with the First Ministers of Wales, Scotland or, indeed, Northern Ireland?

[Chris Skidmore]

It is not for me to comment, during a Committee stage, on the process of European negotiations. There is a time and a place for that. I am not going to get into a discussion with the hon. Gentleman about the process of EU negotiations. We must ensure that the Prime Minister has the opportunity to reach out to Brussels, but I am here to discuss clause 11 and schedule 3 and the amendments, and I hope that the hon. Gentleman will allow me to continue to do so.

I was talking about the common approaches that enable us to trade with each other in the knowledge that we share agreed standards. We have agreed approaches on how to manage our common resources, and the UK can enter into international agreements knowing that we, as a country, can meet our obligations. As we leave the EU, the simple question is about where we need to retain the common approaches in EU law and where we do not. In the immediate term, clause 11 and part 1 of schedule 3 create a mechanism for those common approaches to continue to apply throughout the UK after exit.

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[Stephen Doughty]

I thank the Minister for what he is saying, but it is clear that the Welsh Government and the Scottish Government, and Members of this House working with them, have proposed clear and specific amendments that are not about blocking the Bill or undoing Brexit; they are about retaining a stable constitutional settlement in these islands. Will he accept those amendments, as his colleague the Secretary of State for Scotland said he might?

[Chris Skidmore]

I am discussing whether the clause should stand part of the Bill and I am about to turn to the hon. Gentleman’s amendments. I hope that he can wait in eager anticipation for my remarks and that he will not be disappointed, although he may be.

I reiterate that I welcome scrutiny by the House on the approach that the Government have taken. As I said, I also welcome the vital contributions the Scottish Government, Welsh Government and devolved legislatures have made in this debate by publishing their views on how devolution aspects of the Bill might be improved. This Government are clear that we want to consider all those views and make improvements to the Bill where we can, but I also emphasise that it is right that we provide certainty across the UK, as this clause seeks to do, and do not take any action to undermine the integrity of our United Kingdom.

I will also take a moment to reflect on the insightful contribution made by my hon. Friend the Member for Harwich and North Essex (Mr Jenkin), informed by the evidence to and input from the members of the Public Administration and Constitutional Affairs Committee. He made a number of pertinent points and I will turn to those now. He is right to say that leaving the EU is that opportunity to revisit some key constitutional questions. As I have set out today, the Government’s aim in introducing clause 11 is to do precisely that: to give us time to give these important issues the consideration they deserve.

We welcome the views of experts such as my hon. Friend and his Committee on these issues of intergovernmental institutional relationships. The Government are ensuring that we engage with other external experts such as leading academics on these questions. What we are focused on today is how we provide that certainty and continuity we need in the law on exit day and how we give ourselves time to consider the issues properly and reach the right answers. I welcome my hon. Friend’s continued contributions to this discussion.

New clause 64, which relates to the creation of common frameworks, comprise three subsections and I will take each in turn. First, the new clause would require the Government to lay their proposals for the replacement of European frameworks with UK ones before each House of Parliament. It is not the position of the UK Government, or of the devolved Administrations, that the existing UK frameworks will be replaced by our own common frameworks in every instance. Instead, we expect more power to sit directly with the devolved Administrations as a result of our leaving the EU.

As I mentioned earlier, we are working closely with the devolved Administrations to determine where future frameworks, whether legislative or non-legislative, will be required in each of the policy areas in question. Although joint conclusions have not been drawn at this point—as I have stated, I do not want to prejudice the outcome of the discussions with the devolved Administrations—we believe that the majority of policy areas will not require legislative frameworks.

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[Chris Skidmore]

I have already stated that the Government are prepared to listen to all those who seek to improve the Bill. We will use this opportunity to reflect on all the speeches made by hon. Members in Committee; that is what Committee is for. I have stated a commitment to ensuring that the content of today’s debate is shared with all members of the JMC (EN) on 12 December. There is a process to look at the establishment of common frameworks, and the careful analysis needs to take place with the consent of or working with the devolved Administrations and their officials. I am pleased that we have made good progress on this with the agreement at JMC (EN) with the Scottish and Welsh Governments on the principles that will guide our future framework discussions.

[Stephen Doughty]

The Minister is being generous in giving way. My name is on a number of these amendments. Will he be absolutely clear on one point? The Welsh Government and the Scottish Government have tabled amendments in good faith that are aimed at being constructive and making the Bill more sensible, with the support of many Members across the Committee. Indeed, Members of the Minister’s own party have pointed out problems with the Bill. Am I correct that, despite those points, he is not going to accept any of the amendments?

[Chris Skidmore]

We have always made it clear that we stand ready to listen to those who offer improvements to the Bill. Engagement at all levels of government—[Interruption.] The hon. Gentleman does not want to listen to what I have to say. He wants me to accept an amendment; I have given way several times, yet he is not prepared to listen to what the Minister has to say. Engagement at all levels of government is a usual part of the process, and this engagement must be at all levels of discussion, not just that which takes place in this Chamber. We want to work with the devolved Administrations, and we have been clear that we would like all parts of the UK to come together in support of this legislation, which is crucial for delivering the outcome of the referendum.

We continue to believe that the provisions in clause 11 are vital to providing the necessary immediate certainty to people and businesses while we discuss where common frameworks are and are not needed. We recognise that the Scottish and Welsh Governments have taken different positions from our approach, and we welcome the contribution to the debate. We remain open to suggestions and thoughts about how to ensure that the Bill works to deliver a functioning statute book for all parts of the UK. However, we cannot accept changes that would undermine the UK’s internal market or increase difficulties for people and businesses.

We are also clear how this process must happen. As I have said, we need the analyses to take place. We are clear that we will make progress with the JMC (EN), and that we will ensure that our final analysis indicates that legislative frameworks will be unnecessary for a majority of those policy areas. Following the agreement of the principles of the JMC (EN), we have already commenced work with the devolved Administrations, building on the work that is taking place at both ministerial and official level to make quick progress on the potential role for frameworks in some specific policies areas including agriculture, justice, home affairs and public health, where deep dives have taken place with officials from all Administrations. This work is allowing us to explore the different form the frameworks could take.

I should say that a legislative framework is by no means the only method. Indeed, as I said, legislative frameworks are likely to be used in a limited number of areas. There is far more use for non-legislative frameworks, including memorandums of understanding, concordats and informal collaborative working arrangements, as already happens.

In removing clause 11, these amendments fail to recognise the importance and value of our internal market and of having consistent rules for individuals and companies. They pre-empt the vital work we are undertaking with the devolved Administrations, and prejudge the outcome of our negotiations with the EU. Until we know the outcome of those negotiations, we cannot have certainty over how these powers, in places, will relate to our future relationship with the EU or, therefore, at what level they should be exercised in the future.

I note that Members have referred to evidence given to various Committees. I have heard their points, but it is important to come back to the motivation and need for the Bill: to provide certainty and control.

Sir Stephen Laws, formerly first parliamentary counsel, has pointed out that the devolution settlements were agreed in the context of our EU membership. That is why we are focusing through our discussions on common frameworks with the devolved Administrations on what our constitutional arrangements should be outside the context of our EU membership. That is what the provisions in the Bill give us the space to do, by maintaining the parameters of devolved competence.

I stress again that the mechanism here is not an end; it is an important first step in the process of returning these powers from the EU to the UK, enabling us to do the necessary work to determine where further powers can be released to the devolved Administrations.

I must reiterate that I understand the intention behind the amendments—that powers sit at the right level once we have left the EU. I am clear that the process we are going through does not change our unshakeable commitment to ensure that devolution in the UK is even further strengthened so that we may have more devolution and more union across the UK.

I turn now to amendment 165, which I will take with consequential amendments 180, 182 to 191, 194 and 195, tabled by the hon. Member for Edinburgh South (Ian Murray). Amendment 165 would allow the Scottish and Welsh Governments to make secondary legislation to change retained EU law in the areas that are currently subject to EU law. Taken together with other provisions of the Bill, part 1 of schedule 3 is intended to maintain the common frameworks across the UK that have been created by EU law. In particular, that will ensure that no new barriers to people living and doing business across the UK are created after we leave the EU.

As I have made clear, the Bill guarantees that the current decision-making powers of the devolved Administrations are respected. Anything the devolved Administrations could do before exit day they will be able to do after exit day. Our priority must now be to prepare our statute book for exit, and we want to work closely with the devolved Administrations to do that.

It is through the work on the common frameworks and the discussions with the devolved Administrations that we can make progress on specific areas and seize the opportunities to improve policy in the UK. As I mentioned earlier, the next JMC (EN) is scheduled to take place on 12 December, and it will continue that accelerated process of assessing where frameworks are needed and where they are not. We will prioritise those areas of greatest interest and significance.

We very much hope to see further steps forward, but it is right that we do these things in discussion and collaboratively with all Governments across the UK. Once it has been agreed through ongoing engagement, which this Government are committed to, where common frameworks are not required, we can use the Order in Council power to release decision-making powers to devolved Administrations. For that reason, the amendment is unnecessary, and we would urge the hon. Gentleman not to press it.

Let me turn now to amendment 72, tabled by the right hon. Member for Ross, Skye and Lochaber (Ian Blackford), which would enshrine a requirement for the Government to seek a legislative consent motion from the devolved legislatures. As the Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Worcester, said on day one of Committee stage, we want to make a positive case in favour of legislative consent for this vital piece of legislation and to work closely with the devolved Administrations and legislatures to achieve that. As I have mentioned, there has been an extensive programme of engagement with the Scottish and Welsh Governments and legislatures. In the absence of the Executive in Northern Ireland, official level engagement also continues with the Northern Ireland civil service.

We do not recognise the need for this amendment. The Government have already explicitly recognised the role of the Sewel convention in the Wales Act 2017 and the Scotland Act 2016. I ask hon. Members to look at our track record: we are committed to the devolution settlements and the conventions that we have established.

We continue to believe in the importance of the Bill, which is in the national interest, and we will work to deliver it with the devolved Administrations. The question of ensuring certainty both for our statute book and our internal market when we leave the EU is of great significance to all parts of the UK. We would like all parts of the UK to come together in support of this legislation, which is vital to the securing of a smooth and orderly exit. I urge the hon. Member for Darlington (Jenny Chapman) to withdraw the motion.