European Union (Withdrawal) Act

Steve Barclay Excerpts

Tuesday 4th December 2018 Commons Chamber

[The Secretary of State for Exiting the European Union (Stephen Barclay)]

I thank the hon. Member for Sheffield Central (Paul Blomfield) for his kind welcome and join him in congratulating you, Mr Speaker.

In my first speech as Secretary of State, I am grateful to be able to close the first day of this historic debate, although at this time of the morning it feels like I may be close to opening the second. Let me begin by paying tribute to the work of my predecessors, my right hon. Friends the Members for Haltemprice and Howden (Mr Davis) and for Esher and Walton (Dominic Raab). Both are hugely respected figures in this House who worked tirelessly in the role of Secretary of State, and I thank them for the significant contributions they made over the past two years. In perhaps a rare moment of agreement with the Leader of the Opposition, may I also recognise the longevity and endurance of the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) over the past two years? In closing today’s debate, I will of course address as many points made by colleagues across the House as possible but, before doing so, I want to take a moment to underline just how far we have come.

At the start of this negotiation, the Prime Minister was told that we faced a binary choice between Norway and Canada, that the whole withdrawal agreement would be overseen by the ECJ, that we could not share security capabilities as a third country, that we would be required to give the EU unfair access to our waters and, moreover, that she would not get a deal at all because of the needs of the 27 different member states. And yet we have a deal. The Prime Minister has achieved concessions on all these things, and as my right hon. Friend said earlier, these are not just negotiating wins; these are real changes that will improve the livelihoods of people up and down the country. They reflect the bespoke deal secured, not the off-the-shelf options that were initially offered.

It is not the British way to put ideological purity above the practicalities of good government. During the negotiations, Her Majesty’s Government did make compromises in order to secure the bigger prize of a deal that delivers on the referendum result while protecting our economic ties with our main market of Europe. I want to confront head-on the notion that there are other options available. What is agreed, as my right hon. Friend the Member for Basingstoke (Mrs Miller) acknowledged, is the only deal on the table. It is not perfect, but it is a good deal.

The deal recognises our shared history and values, and provides the framework for our future economic and security relationship. It will ensure that the 3.5 million EU citizens living in the UK and the nearly 1 million Britons living in the EU have their rights assured and can carry on living as they do now, and it will also benefit businesses and public services such as our NHS. It stays true to the wishes of all Members to co-operate closely with the EU on security, and the desire to restore our status as an independent trading nation, as recognised on the first page of the political declaration.

I recognise that there are parts of the deal that displease colleagues across the House, but this deal is a choice between the certainty of continued co-operation, the potentially damaging fracture of no deal and, indeed, the instability of a second referendum vote. To those colleagues who say, “Go back again. Another deal will be offered”, I say that this ignores the objections already voiced within the EU at the concession secured by the Prime Minister, and the likely demand for more from the UK that would be heard in European capitals. Rejecting this deal would create even more uncertainty at a time when we owe it to our constituents to show clarity and conviction.

Let me come to some of the so-called alternatives that some colleagues have raised in the debate. Membership of the European economic area would require the free movement of people, the application of EU rules across the vast majority of the UK economy, and potentially significant financial contributions—conditions that simply would not deliver on the result of the referendum. The Canada option would mean a significant reduction in our access to each other’s markets compared with that which we currently enjoy, and reduced co-operation on security. And the WTO option, under a no-deal scenario, would mean that we lose the crucial implementation period, which allows businesses and citizens time to adapt, we lose the guarantees for UK citizens in the EU, we lose our reputation as a nation that honours its commitments and we lose our guarantee of negotiations on an ambitious future relationship with the EU.

The only way to guarantee our commitments to prevent a hard border in Ireland at the end of the implementation period is to have a backstop in the withdrawal agreement as an insurance policy. The same will be true for a Norway deal or—as the Chair of the Exiting the EU Committee, who is in his place, pointed out—for a Canada deal. There is no possible deal without a legally operative backstop. We must never forget the importance of ensuring that the people of Northern Ireland are able to continue to live their lives as they do now, without a border.

Let me turn to a number of the contributions made by colleagues across the House. My right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson) started his remarks by pointing out—[Hon. Members: “Where is he?”] I appreciate that he is not in his place, but he started his remarks by stating that he was “standing with Tony Blair”. I gently suggest to my colleague that, if he is standing with Mr Blair, he is standing in the wrong place.

My hon. Friend the Member for Altrincham and Sale West (Sir Graham Brady) spoke of the importance of the certainty and time to prepare that the implementation period offers to businesses, and the importance of the country now moving forward. I very much agree with him.

The right hon. Member for Derby South (Margaret Beckett), who voted to trigger article 50, noted the importance of respecting the referendum result. When she commented on the fact that the business community wants us to support the deal, I think that she spoke for many businesses up and down the country. The right hon. Member for Leeds Central (Hilary Benn) pointed out the limitations of a Canada arrangement and his concerns at the approach put forward by some colleagues in terms of the WTO rules.

My hon. Friend the Member for North Thanet (Sir Roger Gale), in a powerful speech, brought to bear his experience as the leader of the UK delegation to the Parliamentary Assembly of the Council of Europe in saying that the idea that a radical reassessment of this deal could be achieved by reopening it was not realistic. He also spoke of his experience as a Kent MP in terms of the potential disruption that a no-deal scenario would bring.

The right hon. Member for Twickenham (Sir Vince Cable), who is not in his place, spoke of his experience on Europe, so he will no doubt recall the Lib Dem leaflets that were the first to propose the in/out referendum before the idea caught on. He is now saying that we should ignore the result of the referendum while also calling for another referendum. It is a bit like saying that large multinational tech companies are inflaming public opinion before taking a job with one of them.

My right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) said that in all negotiations you move to the mean centre. I agree with him. But I would suggest that calling for another referendum in his desire to remain in the European Union is not the mean centre either of our party or of the country.

The right hon. Member for Belfast North (Nigel Dodds) spoke of his concerns on the issue of trust. I hope that in my new role there will be an opportunity to build that trust in our relationship moving forward. I very much recognise the experience that he brings to these issues and, in particular, his point referring back to the December discussion on paragraph 50. Let me pick up one specific issue that he raised about the Attorney General’s remarks yesterday. He suggested that the Attorney General had said that the backstop was indefinite. I draw his attention to the fact that when my right hon. Friend the Member for New Forest East (Dr Lewis) asked the Attorney General:

“Is it possible that the UK could find itself locked in backstop forever, against our will?”,

his answer was the single word:

“No.”—[Official Report, 3 December 2018; Vol. 650, c. 561.]

However, I am very happy to discuss these issues with the right hon. Gentleman in the days ahead.

My right hon. Friend the Member for North Shropshire (Mr Paterson) spoke of the forces that hate Brexit and are intent on stopping it. I hope he will recognise that, as someone who has always supported Brexit and shares his desire to see it concluded, perhaps, unlike him, I fear that the uncertainty involved in not supporting this deal risks others in the House frustrating the Brexit that he and I both support.

My right hon. Friend the Member for Basingstoke asked whether amendments to the approval motion that seek to insert an end date to the backstop could risk destabilising the only negotiated option on the table. The simple answer to that is yes. An amendment that is incompatible with any of the terms of the deal as drafted would amount to a rejection of the deal as a whole and prevent the Government from ratifying the withdrawal agreement.

My right hon. Friend the Member for Wantage (Mr Vaizey) correctly identified the importance of Euratom. I pay tribute to him. He speaks with great authority on that issue. I know he has done a huge amount of work on that, and I hope that where we have landed in the deal reflects many of the contributions he has made.

The hon. Member for Nottingham South (Lilian Greenwood) raised the importance of EU citizens to our NHS. As a former Health Minister, I very much agree with that point. I gently point out that there are more non-UK EU nationals working in the NHS today than there were at the time of the referendum. [Interruption.] She says from a sedentary position that that is not the case. That is the record. As the Minister who covered the workforce, I can say that there are more non-UK EU staff working in our NHS than at the time of the referendum.

My hon. Friend the Member for St Ives (Derek Thomas) spoke of the importance of regaining powers for his local fishing fleet. He is absolutely right to highlight that. That is a key aspect of the deal, and I look forward to discussing it with him in the days ahead, so that we ensure that it reflects his concerns.

The hon. Member for Newcastle upon Tyne North (Catherine McKinnell) spoke of the divisions on Brexit in her constituency and more widely. I very much recognise that. This deal is seeking, as the Prime Minister acts in the national interest, to bring the country back together.

In conclusion, it is important that we do not lose sight of what this deal will enable us to deliver—a fair skills-based immigration system; control over our fisheries and our agricultural policies; our own trade policy for the first time for more than four decades; and an end to sending vast sums of money to the EU. In 2016 we had the biggest vote in our democratic history. This deal allows us to deliver on it, rather than the alternatives of division and uncertainty. I urge the House to back this deal.

[Martin Docherty-Hughes]

On a point of order, Mr Speaker. You often remind me that this is a place of convention and that the convention is that at the end of a debate, most Members should be in the Chamber. I notice that some who went on for quite a while on the Back Benches are not in their place as convention would dictate. Could you advise me what action you will take in relation to that matter and advise the House if you do take any at all?

Food Banks

Steve Barclay Excerpts

Wednesday 17th December 2014 Commons Chamber

[Several hon. Members]

rose—

[Stephen Barclay (North East Cambridgeshire) (Con)]

On a point of order, Madam Deputy Speaker. I understand from the Table Office that it has had notice that the Government intend to publish tomorrow their much-delayed anti-corruption plan, which was due in June, and that the plan has been shared with third parties outside the House, but not with Members. Given the Christmas recess and the fact that Members might be leaving this evening, could you give any direction as to why Members are receiving the document after those outside the House?

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I thank the hon. Gentleman for his very reasonable point. Of course, I have no responsibility for the actions of the Government, but I am quite sure that those on the Treasury Bench will have heard what he has said. If it is indeed the case that something that should have been reported first to the House has been published elsewhere, I am sure that Mr Speaker will take a very dim view of that. [Interruption.] The hon. Gentleman says from a sedentary position that it has not been published, but sent to others. If Mr Speaker has an opportunity to make a ruling on the matter, I am quite sure that he will say that matters that ought to be reported to the House ought to be reported first to the House, as a matter of courtesy not only to the House, but to the people we are elected to represent.

G20

Steve Barclay Excerpts

Monday 17th November 2014 Commons Chamber

[The Prime Minister]

I do not think that is necessary. We, along with the rest of the European Union, have adopted robust measures to cut carbon, but I believe that the right policy is to cut carbon at the lowest cost. Signing up to a complete decarbonisation target before we know that measures such as carbon capture and storage will work would be the height of irresponsibility, and politicians who propose this, like the hon. Gentleman, need to be honest with the public. If we cannot answer the question about where the cheap energy will come from, total decarbonisation will put money on people’s bills.

[Stephen Barclay (North East Cambridgeshire) (Con)]

Foreign nationals who are major funders of terrorism are on the UK sanctions list, but the House of Commons Library has confirmed that they are not automatically on the UK travel ban list. Is the Prime Minister aware of any individual on the UK sanctions list having travelled to the UK during this Parliament?

[The Prime Minister]

I am not aware of any, but I shall have to go away and look carefully at the point my hon. Friend makes. He has been making a series of extremely worthwhile interventions on this subject. For instance, we should ensure that we act consistently with partners at the UN to list and put sanctions on individuals, but the point he makes about ensuring that the people we sanction are also on travel bans is very good, and I will look into it and write to him.

Recall of MPs Bill

Steve Barclay Excerpts

Monday 27th October 2014 Commons Chamber

[Mr Gyimah]

This has been a good, if long, debate, and after four and a half hours of Committee we are still very much on clause 1. As the Minister of State, Cabinet Office, my right hon. Friend the Member for Tunbridge Wells (Greg Clark) said, the Bill faithfully implements the commitment given at the last election to introducing recall for MPs for misconduct. Some colleagues believe that is unnecessary and that the House—and courts—already have sufficient sanctions. Others believe that what was promised should not have been promised, and that constituents should be able to trigger a recall of their MP for any reason at any time. Faced with those two alternatives, I think the Bill deserves support. It does what we said we would do, while safeguarding the right of MPs to speak freely without imperilling their position in this House before the verdict of their constituents at a general election.

As I summarise the points raised, I would like to get away from the distinction that some Members have tried to draw between bogus and real recall. As my right hon. Friend the Minister made clear, the Government have committed to considering how a number of the amendments can be reflected in the drafting of the Bill, including a means for constituents to trigger a route for recall from proven misconduct, and the link with convictions under the parliamentary expenses system. Those are all constructive ways of dealing with the shared desire across the House to make this a Recall Bill that is robust and commands the confidence of the electorate.

Let me turn to some of the speeches made today. My hon. Friend the Member for Richmond Park (Zac Goldsmith) spoke passionately—as he is known to do on these matters—and touched on the threshold, cost controls and the fear of endless harassment.

[Stephen Barclay (North East Cambridgeshire) (Con)]

Will the Minister clarify whether a threshold could be dovetailed on to another election—for example the Scottish referendum or a European election—as a way of distorting the achievements of that threshold, or whether it would need to be secured on a separate date?

[Mr Gyimah]

I think the answer is that a threshold could be on any date.

My hon. Friend the Member for Richmond Park said that the threshold, cost controls and endless harassment were technical issues that we could deal with quite easily. As we learned in Committee, however, such issues are germane to his recall proposal, and therefore to his argument.

Several Members made the point that not only was the threshold of 5% for the initial stage of recall too low, but it could be requested again and again, meaning that a Member could face several notices of recall during a Parliament. While those notices of recall may not be successful in themselves, as the hon. Member for North Durham (Mr Jones) pointed out, the sheer fact that a Member could face recall on any issue at any time again and again could serve to stop them performing their duties—apart from the fact that dealing with a recall could be a complete nuisance.

The hon. Gentleman also touched on cost controls, and something my hon. Friend the Member for Richmond Park did not explore in great detail is the point that before the notice of petition is given under his scheme of recall, a lot of money could be spent that is not recorded anywhere at all, in order to destabilise an MP and make it difficult for them to fight the recall when it happens. The hon. Member for Belfast East (Naomi Long) noted that compared with the main parties, minor parties do not have the funds to fight even one recall petition, and the same applies to Independent MPs. Cost control is not a simple, technical issue, but is central to the argument for full recall and something that I do not believe has been addressed today.

My hon. Friend the Member for Richmond Park spoke of MPs in the context of their role as legislators. MPs are not just legislators; some are members of the Executive. How will the Minister for planning, the Minister for fracking, the Minister for benefit reform or the Minister for austerity deal with a situation in which recall can be initiated against them on a 5% threshold? In other words, it would be almost impossible for certain MPs—[Interruption.]

Oral Answers to Questions

Steve Barclay Excerpts

Wednesday 19th June 2013 Commons Chamber

[Mr Hurd]

I do not necessarily recognise that mistakes have been made. Payment-by-results is a tough and challenging regime, but each exercise will be different and the process will evolve. It is a better regime than paying for failure and mediocrity, which is what the Labour Government did. The next test is the probation reforms. If the hon. Gentleman looks at the detail of what the Ministry of Justice has produced, he will see that lessons have been learned on having more contracts, paying much more attention to how the supply chain is managed and investing in capacity building in the voluntary sector so that it can do more.

[Stephen Barclay (North East Cambridgeshire) (Con)]

2. What assessment he has made of the effectiveness of counter-fraud activities across Government.

[The Minister for the Cabinet Office and Paymaster General (Mr Francis Maude)]

The National Fraud Authority estimates that the public purse loses more than £20 billion a year to fraud. That figure has been far too high for far too long. Last year, the Departments that engaged with the cross-Government taskforce that I chair saved an estimated £5.9 billion. However, we know that there is much more to do.

[Stephen Barclay]

I pay tribute to the Minister for the billions of pounds of cross-departmental savings that he has achieved. In targeting that £20 billion, I urge him to look again at the risk-averse legal advice in Whitehall that is stopping data-sharing between the public and private sectors, because fraudsters who commit fraud against the private sector often do so against the public purse.

[Mr Maude]

I am grateful to my hon. Friend for those remarks, for his interest in this area and, more generally, for the brilliant forensic work he does on the Public Accounts Committee to protect the taxpayer’s interest. He is right about the legal advice that is often given in this complex area of law, which is a mishmash of common law and statutory provisions. There are many opportunities to share data, which would protect privacy but promote the public interest by saving money. We need to look at that area and have a rather more open approach.

Oral Answers to Questions

Steve Barclay Excerpts

Tuesday 12th February 2013 Commons Chamber

[The Deputy Prime Minister]

I do not accept that there is no link between constitutional reform and rebuilding the shattered British economy left in such a parlous state by the hon. Gentleman’s party. The key to that is in the answers to some of the earlier questions. If we are to rejuvenate the British economy, we must breathe life back into our local communities by letting go some of the powers in Whitehall and embarking on an ambitious programme of economic and political decentralisation, the likes of which the Labour party never did in 13 years of government.

[Stephen Barclay (North East Cambridgeshire) (Con)]

On the subject of constitutional reform, the Deputy Prime Minister appears to be breaching the Government’s own recruitment freeze, with 19 new policy advisers and 30 support staff recently advertised at a cost of more than £1 million, for roles including constitutional reform. Can he confirm that constitutional reform is an urgent front-line need, as defined by the Cabinet Office, or is he simply in urgent need of new ideas?

[The Deputy Prime Minister]

As I said earlier, we will continue to deliver the commitments that we made in the coalition agreement. My hon. Friend should not lightly turn his nose up at the idea of city deals that are giving unprecedented new economic and political powers to create jobs and economic opportunities across the country. Those are a good thing and we are dedicated to delivering them.

Civil Service Reform

Steve Barclay Excerpts

Tuesday 19th June 2012 Commons Chamber

[Mr Maude]

It is a modest fund of £500,000 from the Cabinet Office, to be matched by Departments, if they want to bid to use it. I would not generally expect there to be a single appointment. Under the circumstances, we would want to get different groups in to pitch their ideas for how they would develop the work and so on. However, these are early stages. We want to explore how to do the work effectively, but we think it is worth pursuing.

[Stephen Barclay (North East Cambridgeshire) (Con)]

Will my right hon. Friend clarify whether he will be publishing the personal objectives of permanent secretaries and the interim project milestones of senior responsible owners? Further to the question that my hon. Friend the Member for Gainsborough (Mr Leigh) asked, given that 70% of civil servants work in operational roles, will he clarify how many permanent secretaries do not have two years’ experience in such roles?

[Mr Maude]

I do not have the last fact immediately at my fingertips, although it could no doubt be there soon. On my hon. Friend’s first point, yes, we do plan to publish permanent secretary objectives. They ought to be set in a rigorous way through agreement with the Secretary of State, with the lead non-executive on the Department’s board, with the Prime Minister and with the head of the civil service. That needs to be done. We will then publish those objectives, because the public need to be able to see the extent to which they are being met. My hon. Friend also asked about milestones. We are becoming much more open and saying much more about the way in which the major projects are governed, and about their performance, than has ever been the case.

Oral Answers to Questions

Steve Barclay Excerpts

Wednesday 8th February 2012 Commons Chamber

[Mr Maude]

The answer is that that is not consistent and it is being dealt with.

[Stephen Barclay (North East Cambridgeshire) (Con)]

T2. In reply to a question I tabled last July, my right hon. Friend emphasised the importance of reforming the civil service appraisal system. Will he update the House on what changes have been made?

[Mr Maude]

We have already put in place new arrangements for the senior civil service and they will be rolled out for the whole civil service at the delegated grades. It is really important that appraisal identifies the very best performers, rewarding them with promotion and proper pay, and pays serious attention to those who underperform, who cause massive demoralisation to the hard-working majority of dedicated civil servants.

Oral Answers to Questions

Steve Barclay Excerpts

Tuesday 7th February 2012 Commons Chamber

[Mr Speaker]

Order. We have much to do and very little time in which to do it. We must progress.

[Stephen Barclay (North East Cambridgeshire) (Con)]

T12. How will the Deputy Prime Minister assess the value for money of the constitutional changes he is putting forward? Will he put a more detailed note in the Library setting out how that will be assessed?

Phone Hacking

Steve Barclay Excerpts

Wednesday 13th July 2011 Commons Chamber

[The Prime Minister]

That is a very good question. I have found, doing this job, that almost nothing is chicaned, as he put it, from legal inquiry. We think we are doing this in the right way under the Inquiries Act 2005 and all the things that flow from that, but I can perhaps consider the detail of his question about preparation for Ministers.

[Stephen Barclay (North East Cambridgeshire) (Con)]

Will the Prime Minister confirm that the police investigation will include payments made to connected parties, such as relatives of police officers, including payments not made in cash, such as electronic transfers to shell companies, vouchers or travellers cheques? In due course, will it also consider others who provide stories, such as paramedics, accident and emergency doctors and prison governors, and who might also be subject to corruption?

[The Prime Minister]

The inquiry must follow the evidence wherever it leads and if it finds malpractice in any of the services my hon. Friend mentioned, it must clearly investigate.