Trade Bill

Debate between Stephen Hammond and Anna Soubry

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 17th July 2018 Commons Chamber

[Stephen Hammond]

The Minister is a generous man—

[Anna Soubry (Broxtowe) (Con)]

And a good man.

[Stephen Hammond]

And a good man, as my right hon. Friend says, and I know that he is fulfilling the Government’s wishes. But I remind him that I stood on a Conservative manifesto that said we were leaving “the” customs union. New clause 18 does not commit us to “the” customs union. It commits us to “a customs union”, which is a customs arrangement or a customs partnership. There is a slight deviation in the definition. This absolutely does not affect our ability to engage in international trade, for other customs unions with the EU are already in place. So I ask the Minister to think again during the 25 minutes before we vote on this matter, and to accept new clause 18.

European Free Trade Association

Debate between Stephen Hammond and Anna Soubry

Wednesday 7th February 2018 Westminster Hall

[Stephen Hammond]

My hon. Friend has clearly also read the EFTA agreement and arrangements, and he is of course correct. There is no principle of direct effect with EEA-EFTA membership. As he has pointed out, that means that all laws must be approved by domestic legislatures. The UK would participate in drawing up proposed EEA legislation by serving on relevant committees. That is more of an input than is currently planned by the Government for their transition or implementation period—call it what you will. And certainly EFTA would have more of an influence collectively over the process with the United Kingdom as a member. We would regain our seats on global regulatory standard-setting organisations, on which much of EEA law is based, and ultimately we would retain a right of reservation.

This would all be supervised by the EFTA Surveillance Authority and the EFTA court, not the EU institutions. That would preserve for the Government the red line of avoiding ECJ jurisdiction.

[Anna Soubry (Broxtowe) (Con)]

I congratulate my hon. Friend on his excellent speech. I am sorry that I cannot stay for the full duration of what I anticipate will be an equally excellent debate. Has he explored whether it is possible for any arrangement that we come to with the European Union by way of a free trade agreement to be in effect docked? If we join EFTA, it could be docked in EFTA and therefore the EFTA court could have some role in relation to that agreement, which, again, gets away from any of the concerns that many right hon. and hon. Members have about the ECJ.

[Stephen Hammond]

My right hon. Friend is of course a lawyer and I am not, but I have had conversations with the president of the EFTA court, Mr Baudenbacher, and he would agree that her interpretation is correct and what she describes would be possible. That is only one opinion, but it is that of the president of the EFTA court and therefore it clearly carries some weight and some merit.

The EFTA court has made divergent decisions from the ECJ on numerous occasions. In fact, because the EFTA court deals with cases more quickly, it often hears the novel cases first, and in some cases the ECJ follows the EFTA court. The EFTA court’s rulings are only advisory domestically, so it cannot overrule our sovereign court, the Supreme Court. Again, the point is that we would be heavily involved in influencing.

Oral Answers to Questions

Debate between Stephen Hammond and Anna Soubry

Tuesday 30th June 2015 Commons Chamber

[Stephen Hammond (Wimbledon) (Con)]

The Secretary of State will know that from this September, companies will have two years in which to introduce the new general data protection regulations, estimated to cost £2 billion. Will he ensure that his Department does all it can to minimise costs and to make industry aware, so that they can comply within the timescale?

[Anna Soubry]

I thank my hon. Friend for his question; he makes an important point. I know my diary is going to get busy, but I would very much welcome a meeting to discuss this with him because—[Interruption.] I do not know why Labour Members seem to be complaining about Ministers meeting Back Benchers—I would be happy to meet even the right hon. Member for Birmingham, Hodge Hill (Liam Byrne). I look forward to working with my hon. Friend on this important matter, of which we are aware. We must make sure that we do this properly.