Western Jet Foil and Manston Asylum Processing Centres

Debate between Suella Braverman and Paul Blomfield

Monday 31st October 2022 Commons Chamber

[Suella Braverman]

We have already several safe and legal routes through which people who are genuine asylum seekers can make the application. As I have said, I am proud of our record of welcoming people who are genuinely fleeing persecution, war, conflict and human rights violations, but we cannot accept a situation where people are bypassing those routes—jumping the queue, effectively—on illegitimate bases and making fabricated claims to be victims.

[Paul Blomfield (Sheffield Central) (Lab)]

The Home Secretary blamed her predecessor for the crisis that she has inherited twice. Indeed, the Home Office’s own impact assessment of the Nationality and Borders Bill said that it risked leading more people to taking desperate routes to the UK, as we have seen, so why is she doubling down on the same approach? I have many constituents who have been waiting years for asylum decisions. What is her target for processing claims? When will she clear the backlog? Does she agree that the cost to the taxpayer would be reduced by granting the right to work to those whose claims have not been processed within six months, as is supported on both sides of the House and overwhelmingly by the public?

[Suella Braverman]

I have to disagree with the hon. Gentleman’s characterisation of what I have just said. I do not criticise my predecessor, my right hon. Friend the Member for Witham (Priti Patel). She achieved a huge amount during her time as Home Secretary, including passing the Nationality and Borders Act 2022, which will take a massive step forward in dealing with the problem. That is something that the hon. Gentleman voted against. She also secured the Rwanda agreement, a landmark partnership with our friends in Rwanda, to tackle this problem head-on for the first time. I am very grateful for her work and her contribution.

Oral Answers to Questions

Debate between Suella Braverman and Paul Blomfield

Thursday 19th July 2018 Commons Chamber

[Suella Braverman]

I thank my hon. Friend for his comments. I know what an indefatigable campaigner he is for the UK leaving the European Union, and his expertise on this issue is well known. At the end of the day, the common rulebook is going to be subject to a parliamentary lock, and it also reflects rules on goods that have not changed for many decades.

[Paul Blomfield (Sheffield Central) (Lab)]

The Minister rightly points out that the White Paper proposes non-regression clauses on environment regulations and on social and employment protections. In 2016, however, the Secretary of State wrote in The Times that Brexit was an opportunity to

“ditch”

the

“100 most burdensome EU regulations”.

He took exception to the agency workers regulation, for example, on the grounds that it

“gives agency workers the right to the same basic employment and working conditions as full-time staff”.

Does the Minister agree with the White Paper or with her Secretary of State?

[Suella Braverman]

The Government have been clear in the White Paper that our commitment to rights protection is unequivocal and that how those rules are applied is ultimately a decision for Parliament. May I remind the hon. Gentleman that rights do not emanate from the EU? We have our own rich and proud tradition of civil liberties, such as the Race Relations Act 1965 or the Equal Pay Act 1970, and we acceded to those critical pieces of legislation before our accession to the European Economic Community.

Leaving the EU: Parliamentary Vote

Debate between Suella Braverman and Paul Blomfield

Monday 11th June 2018 Westminster Hall

[Suella Braverman]

I will not, because I need to get on with my speech and I have given way many times. Those are the objectives of the Government and of the Prime Minister.

As I have said, the Government recognise the strength of feeling on this issue. That is why we know that it is incumbent on us to secure a deal that works for all of the United Kingdom and one that Parliament will want to support. As the Prime Minister has said, our decision to leave the EU does not mark an ending; it marks a new beginning for our relationship with our European allies. This is where I diverge from right hon. and hon. Members and their pessimistic view of negotiations so far: we have made significant progress on the negotiations. We have agreed the terms of a time-limited implementation period.

[Paul Blomfield]

Will the Minister acknowledge that when Labour, echoing the views of business, the trade unions and many across the country, first floated the idea of a transitional period, the Prime Minister said she did not want that, so she defines progress as embracing Labour’s aspirations?

[Suella Braverman]

I do not think the Government have embraced Labour’s aspirations for a long time, and long may that continue. The implementation period was requested by the business community and the Government responded in kind. We have agreed the terms of a time-limited implementation period, and on the wider withdrawal agreement we have locked down entire chapters on citizens’ rights and the financial settlement. As to our future relationship, we are confident that we will secure an ambitious future partnership with the EU, covering both a significant economic relationship and a deep security relationship. I look forward to the forthcoming publication of our White Paper, which will set that out in detail.

On the economic side, we want the broadest and deepest possible partnership, covering more sectors and co-operating more fully than any free trade agreement anywhere in the world today. We want the greatest possible tariff and barrier-free trade with our European neighbours as well as the freedom to negotiate our own trade agreements around the world. That is why we are leaving the customs union and the single market. We want to ensure that UK companies have the maximum freedom to trade with and operate within European markets, and to let European businesses do the same in the UK. We therefore propose a unique and ambitious partnership, based on our rules and regulations being the same at the start and on maintaining our commitment to free trade and high standards while allowing for us both to make changes where we want to in a stable and orderly way.

On security, we have been clear that we must do whatever is most practical and pragmatic to provide security for our citizens. We must not allow competition to inhibit our co-operation and jeopardise the security of our citizens.

To return to the detail of the petition, the Government have committed to holding a vote on the final deal in Parliament as soon as possible after agreement has been reached on the withdrawal agreement and the terms of our future relationship, and the negotiations have concluded. The House will know that the Government have tabled an amendment to the European Union (Withdrawal) Bill for consideration this week, which will write into law our existing commitment on the vote on the final deal.

Some reference has been made to amendment 19—the Hailsham amendment—which is of concern. The Government’s amendment in lieu will write into law our existing commitment on the vote in the final deal. The problem with the Hailsham amendment is that it would remove Parliament’s ability to direct the Government in the negotiations—sorry, the amendment we have tabled will remove Parliament’s ability to direct the Government in the negotiations, which is a dangerous element contained in Viscount Hailsham’s amendment. It is important that I get that right.

[Paul Blomfield]

The Minister has, on the second attempt, defined what the Government’s amendment seeks to do: to remove from Parliament the opportunity to direct the Government in the event of not accepting the deal. Does she not recognise that that would leave the Parliament of the United Kingdom powerless in the most important negotiations facing our country?

[Suella Braverman]

I disagree. The Hailsham amendment would set a dangerous constitutional precedent that would limit the Government’s prerogative in the act of international treaty negotiation. That would reduce the flexibility necessary for a successful negotiation, which is essential for the Government if we are to get the best deal possible.

--- Later in debate ---

[Suella Braverman]

No, not at all. The Government amendment writes into law our existing commitment on the vote on the final deal. It makes it clear that that is the case. In no way does it reduce the opportunity for and power of Parliament to have a meaningful vote on the final deal.

[Paul Blomfield]

The Minister is of course right that the Government’s amendment does not remove Parliament’s power to have a vote. However, will she not accept, addressing her remarks to those behind the petition as well, that the Government’s amendment takes all meaning out of the word “meaningful”? It simply provides for Parliament to have a take it or leave it, like it or lump it, no real choice vote.

[Suella Braverman]

The Government will present to both Houses of Parliament the terms of the withdrawal agreement as agreed between the EU and the UK. We will also present the terms of our future economic partnership. There will be considerable opportunity for scrutiny of the terms of our final deal, and the motion will be presented to both Chambers. That will provide Parliament with the opportunity to accept or reject the deal—there is nothing more meaningful than that.

Oral Answers to Questions

Debate between Suella Braverman and Paul Blomfield

Thursday 15th March 2018 Commons Chamber

[Suella Fernandes]

Well, being in the customs union also puts up prices for consumers in food, footwear and clothes. I am often surprised that the Opposition do not champion the benefits of leaving the customs union, which this Government are doing.

[Paul Blomfield (Sheffield Central) (Lab)]

I do not often cite the International Trade Secretary favourably, but he was right when he was in China with the Prime Minister in February and accepted that a customs union with the EU “self-evidently” does not prevent us from increasing bilateral trade with countries such as China. What assessment have the Government made of the comparative benefits for the UK of being in a customs union and not being in a customs union when it comes to trade with non-EU countries?

Leaving the EU: No-deal Alternatives

Debate between Suella Braverman and Paul Blomfield

Wednesday 21st February 2018 Westminster Hall

[Suella Fernandes]

Norway does not have a seat in the European Parliament. It does not have a vote on whether regulations coming through the EEA agreement apply to it or not. It generally has to follow those obligations in line with its obligations under the EEA agreement. To diverge from that agreement would be a breach and would therefore lead to questions about its membership and subscription to that agreement. That is a fundamental point that makes membership of the EEA and the Norway option not attractive for the UK.

In response to calls from business, the implementation period is there to benefit businesses and individuals, so that they avoid the need for two sets of changes. It will also give them more time to adjust to the new future partnership.

[Paul Blomfield]

Will the Minister give way?

[Suella Fernandes]

I will not, unfortunately. I have only six minutes and I have quite a lot to get through. I am sorry; I cannot.

The implementation period will also ensure that businesses have time to adapt to the new relationship between the UK and the EU. Crucially, only under a deal with the EU and the UK can this essential period take shape. None of the alternatives suggested in today’s debate can offer that level of continuity and clarity to businesses and citizens in the short term. That is why the deal that the Government are seeking is the best alternative to a no deal and is an alternative that we are confident of securing.

On EFTA—

[Paul Blomfield]

Will the Minister give way? There is a tradition of accepting an intervention from a shadow Minister.

[Suella Fernandes]

I must continue because I do not have much time, and EFTA has been a big issue in this debate. I will give way if I have time after my comments—I hope the hon. Gentleman will have patience with me.

Several hon. Members have raised EFTA membership today as the main alternative. Although we recognise the benefits of ensuring continuity in our relationships with the EFTA states, we have no plans to seek membership of the EFTA agreement for four key reasons.

First, EFTA is a trading bloc of four countries. Membership of EFTA does not in itself deliver any market access to the EU. Norway, Iceland and Liechtenstein effectively participate in the EU single market by virtue of the EEA agreement. That would not deliver more direct control over decisions affecting the UK, nor would it deliver control over migration, which is a key aspect of our leaving the EU.

Switzerland participates in some areas of the single market through a series of bilateral agreements with the EU, but many of those do not cover the areas in which the UK has interests. In any case, the Government have made clear on a number of occasions that we are not pursuing an off-the-shelf arrangement; we are not copying and pasting other agreements. We are seeking a particular bespoke agreement relevant to the UK’s economy. The model I have been discussing does not strike the right balance on democratic control and mutual market access that we want in our future partnership with the EU.

Secondly, our ambition as a global trading nation goes beyond the scope of EFTA’s existing free trade agreements with third countries. EFTA’s FTAs are not suited to the size and type of the economy in Britain. They are not with the larger economies of the world—countries and economies with whom we would wish to be pursuing new economic partnerships. They are not in the sectors where our economy has strengths, which are areas in which we would want to pursue new agreements. Leaving the EU offers the opportunity to negotiate our own free trade agreements and to be a positive and powerful force for free trade in the world.

It is also worth mentioning that membership of EFTA would not be the quick and easy solution that some here have argued. Even if EFTA members were to welcome us back into EFTA, we would not have immediate or automatic access to their 27 FTAs. Our entry into each one would need to be negotiated individually with the third countries involved.

Thirdly, membership of EFTA means accepting free movement between EFTA member countries, as the EFTA convention provides for free movement of EFTA nationals. Liechtenstein has been raised as a derogation, but it is not a comparable example. Liechtenstein is a country with a population that numbers less than that in almost every constituency in the UK, at 37,000. It is very difficult to see how the example of Liechtenstein can be applied to the UK, with its population of 65 million.

Finally, although we want to maintain our deep and historic relationships with the EFTA states, the UK is in many ways different from those countries. The EFTA states have a combined population of 14 million people, compared with our population of 65 million. The EFTA bloc’s combined GDP in 2015 was around £710 billion, in comparison with the UK’s £1.9 trillion. The UK’s participation in EFTA would fundamentally change the nature of that group.

European Union (Withdrawal) Bill

Debate between Suella Braverman and Paul Blomfield

Committee: 3rd sitting: House of Commons
Tuesday 21st November 2017 Commons Chamber

[Paul Blomfield]

I will come on to this point, but the charter is key to ensuring that retained law is treated properly and that the same rights of enforcement continue in the future. Without the charter, those rights are significantly diminished and access to them is diminished.

Let me proceed with the point I was making about how the charter goes wider than the Human Rights Act and the European convention on human rights, which I hope I am right in saying the Government accept. As other Members have already pointed out, it was the Secretary of State for Exiting the European Union who relied on the charter in the case he brought before the High Court in 2015, against the then Home Secretary and now Prime Minister, when he was worried that the Data Retention and Investigatory Powers Act 2014 would impact on MPs’ ability to communicate with constituents confidentially. He cited the charter, and his lawyers argued that it went beyond the European convention on human rights and granted further protection. He relied on the charter precisely because it provided greater human rights protection than was provided for by UK law and even by the case law of the European Court of Human Rights.

Despite this, the Government have not indicated which decisions of the Court of Justice of the European Union under the charter they disagree with. Moreover, the explanatory notes to the European Union (Withdrawal) Bill justify the decision to exclude the charter from retained EU law by saying:

“The Charter did not create new rights, but rather codified rights and principles which already existed in EU law. By converting the EU acquis into UK law, those underlying rights and principles will also be converted into UK law, as provided for in this Bill.”

If that were the case, it would be fine, but it is clearly not the case.

Drawing on existing rights, the charter set out a new framework for human rights protection under EU law. The rights contained in the charter may have existed in EU law for decades—the Government are relying on that point—but that is not enough. The whole point of the charter was that nobody could verify those rights or their sources, and as the lawyers among us will know, identifying the source of a right is imperative in securing effective recourse. In his speech, will the Minister therefore clarify whether the Government have succeeded, where others have not, in comprehensively identifying every single source of these rights? If not, how do they plan to uphold the same level of protections for these rights once we have left the European Union, because a right without effective recourse is rendered effectively meaningless?

By compiling and codifying these rights in a single document, the charter in effect created new rights and certainly created new protections. In short, the charter is the most effective key to unlocking vital rights, and to fail to transpose it and make it operable in UK law is to lock away those rights and deny UK citizens the key to accessing them.

On the data protection point on which the Secretary of State relied—my right hon. Friend the Member for East Ham (Stephen Timms) raises it in his amendment 151, which we support—the right to data protection exists in various documents, such as directives and regulations, but it was only by virtue of the charter creating the expressed right to data protection in article 8 that we were given the right to be forgotten.

The rights extended by the charter are not only data protection rights. Such rights start in article 1, which includes the right to human dignity. This does not exist as an enforceable right in common law or statute law applicable to retained law post-Brexit. Will the Minister, when he responds, explain how this right will be enforced after exit day if the charter is not retained?

[Suella Fernandes]

Will not the hon. Gentleman’s proposals create more uncertainty and raise more questions than answers? For example, considerable reference has been made to the Union, to citizens and to the right to vote and stand in European elections, but is that not at odds with our being a non-member state on our leaving the European Union?

--- Later in debate ---

[Paul Blomfield]

No. The right hon. and learned Member for Beaconsfield answered that point when it was raised by other Members. There are clearly provisions in the charter that would have to be amended to become operable—I made that point a few moments ago—but it includes fundamental rights, so the protections of our citizens will be reduced if the those rights are not carried forward. I will illuminate that point a little further.

[Suella Fernandes]

The hon. Gentleman proposes that part of the charter should be erased and that it should undergo some kind of surgery before it is applied through UK law. Is it not right that questions of principle and policy should not be debated in relation to this Bill, the purpose of which is to provide legal certainty and continuity, but left for wider parliamentary debate and scrutiny, and indeed the wider democratic process?

[Paul Blomfield]

I am genuinely puzzled by the hon. Lady’s point because she could make it in relation to all of the several thousands of laws that are being transposed. It could relate to every other part of the Bill. We will have to go through processes of adjustment to ensure their effective operability, but the question that needs to be answered—I hope it will be answered by the Minister when he rises at the Dispatch Box—is: why, uniquely, is the charter of fundamental rights being treated differently and being removed at this stage?