Section 1 of the European Union (Withdrawal) Act 2019

Tom Brake Excerpts

Tuesday 9th April 2019 Commons Chamber

[Tom Brake (Carshalton and Wallington) (LD)]

I thank the right hon. Members for Normanton, Pontefract and Castleford (Yvette Cooper), for Leeds Central (Hilary Benn) and for West Dorset (Sir Oliver Letwin) and the hon. Member for Cardiff South and Penarth (Stephen Doughty) for getting us as far as we have got today.

On the extension, I certainly would not want our friends in the European Union to think that 30 June is, by any stretch of the imagination, ideal or leaves us satiated, because it does not. It is clearly not long enough for a people’s vote, although it clearly is long enough for the European elections to take place, which the Liberal Democrats and a number of other parties will fight very hard and positively.

[Caroline Lucas (Brighton, Pavilion) (Green)]

Does the right hon. Gentleman agree that the June date would not allow enough time, not only for the people’s vote, but also for some kind of process, like citizens’ assemblies, that might just have a chance of bringing the country back together again, by addressing some of the very real reasons that people voted leave in the first place?

[Tom Brake]

Absolutely, and clearly an extension could be used for that purpose, or indeed for expanding on the process that is already taking place, with all the parties in this place—with the exception, I am afraid, of the DUP—working across parties to try to find a way forward. What the hon. Lady suggests could be part of that process.

The extension is not long enough for a people’s vote, which would probably require 20 weeks or thereabouts for planning and for campaigning, so we need an extension until September at the very least. I want to help the Prime Minister. She should accept the flextension that we hope will be offered to her tomorrow, because that will save her from embarrassment in the future. Members will recall that she said there would not be a general election, and then there was; that she was going to stand by the withdrawal agreement that she had spent months negotiating with the European Union, which she then did not; and that she said there would not be an extension to the article 50 period, and then there was. So she could save herself a lot of embarrassment by simply accepting that there is going to be a people’s vote, so a long extension is required to deliver one.

We are assuming, of course, and I think it is a safe assumption, that we will be granted an extension by the European Union, but if we are not, we need some clarity from Ministers as to what exactly will happen—what the next steps that the Under-Secretary of State for Exiting the European Union, the hon. Member for Worcester (Mr Walker), who is now in his place, referred to actually include. Will those next steps include, if we do not get an extension to the article 50 period, revoking article 50 by the end of this week? If the Minister wants to intervene to confirm that that is the case, he is welcome to do so. He has a frown on his face, but I think he is reflecting intensely on that.

I shall conclude by saying again that the Prime Minister must face up to the truth. She will need a long extension. She should grasp it tomorrow, to avoid humiliation a few weeks later when she would have to go and ask for it.

[Mr Speaker]

I call the hon. Member for Swansea West (Geraint Davies) to speak very briefly; I also want the hon. Member for Birmingham, Erdington (Jack Dromey) to get in.

Withdrawal Agreement: Legal Opinion

Tom Brake Excerpts

1st reading: House of Commons
Tuesday 12th March 2019 Commons Chamber

[The Attorney General]

I understand my hon. Friend’s frustrations, but I do not agree with his language. I have found those with whom we are doing business in the European Union to be perfectly reasonable and rational people, and I have no complaint about the manner in which negotiations have been conducted—they have always been conducted with cordiality and civility on both sides—so I do not believe that we cannot trust them to reach a deal, because it is in the interests of the Union itself.

[Tom Brake (Carshalton and Wallington) (LD)]

Had the Attorney General been instructed to demonstrate that it is possible to walk away from the backstop by clients at his usual, generous commercial rates, would he have advised them to save their money?

[The Attorney General]

I am not convinced that I fully understood the question, perhaps because I did it too much justice and thought it might be a sensible one. The truth is that I doubt I agree with it.

European Union (Withdrawal) Act

Tom Brake Excerpts

Tuesday 15th January 2019 Commons Chamber

[Tom Brake (Carshalton and Wallington) (LD)]

Brexit, and the way it is being handled, is a national embarrassment. Worse than that, it is a damaging international embarrassment. That great tactician, David Cameron, devised what he thought would be a cunning plan to staunch the decades-long Euro bloodletting in his party: a referendum. But the referendum, instead of acting as neat sutures to bind together the ideologically driven Brexiters and their more rational colleagues, has taken a scalpel to the Tory party’s jugular, and—critically, and far more significantly—to that of the country, too. Driving the country to the brink, and in some cases being willing to drive over it, is overwhelmingly the Tories’ responsibility.

Of course, the Leader of the Opposition has a cameo in all this, demonstrating the same aptitude for leadership during the Brexit campaign as he has since. However, as a long-standing Member of Parliament, I share some of the blame for not tackling the conditions that led to a majority voting for Brexit. That blame must be shared by successive Governments—not this one, not the one before, not the one before and, indeed, probably not the one before that either. I regret not being active enough in promoting the benefits of being in the EU for students, research, common standards, medicines, and investment in, for example, the hospital where the PM launched the NHS 10-year plan, which received £50 million of EU financing, or the potteries factory where she gave her speech yesterday, which received £400,000.

I was not outspoken enough in rebutting the ludicrous, infantile and mendacious claims that Brussels-based British newspaper correspondents made about the threat to British pink sausages or standardised condom sizes. Most importantly, I regret the failure to tackle deep-seated concerns in some towns and cities over the failure to invest in infrastructure and under- performing schools and to rebuild proud communities devastated by the loss of heavy industry. I regret that devolution was not pushed hard and fast enough and that responsibility, funding and accountability for delivering jobs, skills training, bus and train services was not vested in politicians closer to those reliant on such services. Those challenges remain, and we owe it to those who voted for Brexit and, indeed, to those who voted remain to address them.

Does anyone in this Chamber believe that Brexit and the PM’s so-called deal provide solutions? They do not. Nothing that leaves us poorer can. The PM’s deal is nothing of the sort. It is a fiction, a chimera, a mirage. The political declaration comes in at a measly 26 pages. Compare that with 1,598 pages in the Canada-EU trade deal. According to the PM’s statement yesterday, the real deal—our future relationship with the EU—may not be struck until as late as December 2022, and some consider that wildly optimistic. That is one of the reasons why her deal will be defeated today.

With the red lines that the Prime Minister chose for herself, I do not doubt that this is the best deal that she could secure. Unfortunately, it is a bad deal, so where next? We expect the PM’s deal to be defeated later, no deal has been rejected by Parliament, and a fresh round of negotiations with the EU is unlikely to be sanctioned by the EU. The Prime Minister is left with one option: put the deal to the people in a people’s vote and offer them the choice to stay in the EU.

Withdrawal Agreement: Legal Position

Tom Brake Excerpts

Monday 3rd December 2018 Commons Chamber

[Mr Speaker]

Order. I advise the House that 21 Back Benchers have questioned the Attorney General in 50 minutes. Believe me—I know these things, as I sit in this Chair for many hours and it is my privilege to do so—this is a much slower rate of progress than is customary. I appeal to colleagues to ask short questions and to the Attorney General, whose mellifluous tones I never tire of hearing, to be appropriately pithy in reply.

[Tom Brake (Carshalton and Wallington) (LD)]

Given the precedent set by Lord Goldsmith, whose legal statement was clearly spun and cherry-picked, without seeing the full legal Brexit advice, why should any MP here today believe that this statement is not similarly massaged and designed to bolster the Government’s position and deny MPs on both sides of the House full access to the legal advice that this House has demanded? I am afraid to say that the Attorney General has rather contemptuously and theatrically—as if he were performing “Rumpole of the Bailey”—dismissed us and refused to provide us with the advice.

[The Attorney General]

I can only tell the right hon. Gentleman that I have not massaged the advice. I have given it absolutely as I see it—absolutely starkly. I will give that same advice if anybody asks to come and see me, but I cannot breach the fundamental constitutional principle that I believe it would be contrary to the public interest to break. I can only invite the right hon. Gentleman to accept that I have given this advice as candidly as I possibly can; I cannot say any more if he does not accept that.

Withdrawal Agreement: Legal Advice

Tom Brake Excerpts

Thursday 29th November 2018 Commons Chamber

[The Solicitor General]

My hon. Friend, the Chair of the Justice Committee, is absolutely right. The right hon. and learned Member for Holborn and St Pancras (Keir Starmer) is more familiar than most with the position of the Law Officers and their role within the constitution. I would have expected him to do better.

[Tom Brake (Carshalton and Wallington) (LD)]

The Solicitor General should be aware that I, and probably others in this House, have written to Mr Speaker asking whether this is a matter of contempt. I suspect we may find it easier to get 48 letters than others have found. Can the Solicitor General confirm whether the Government will fight any contempt proceedings? Has he identified who in the Government would be the subject of contempt proceedings? Does he agree that this latest snub to Parliament leaves Members of Parliament with a sneaking suspicion that when it comes to the vote on 11 December and any votes that come after, the Government may decide to play fast and loose with what is the normal procedure in this place?

[The Solicitor General]

The right hon. Gentleman asks me to speculate about matters that might not arise. There is no snub to Parliament. It is a wholly confected controversy that actually detracts from the real issues we should be debating and will be looking at next week.

European Union (Withdrawal) Bill

Tom Brake Excerpts

Wednesday 13th June 2018 Commons Chamber

The debate on the meaningful vote last night was meaningful. In my eight years of experience in Europe, I saw again and again that a first vote was needed to make a statement, but it was often not actually the final vote. We often need a second chance to have a vote, and that is what we bought with the compromises last night. It was a fudge, but it was a very important and meaningful one.

[Tom Brake (Carshalton and Wallington) (LD)]

The right hon. Member for Leeds Central (Hilary Benn) used an analogy about the ship approaching the iceberg. He seemed to suggest that there are only two options: jumping off the side into the freezing cold water or taking to the life raft. There is indeed a third option, which is consulting the passengers about whether they would like to change the direction of the ship to avoid the iceberg in the first place. I hope that that is eventually what this country will do.

The right hon. and learned Member for Holborn and St Pancras (Keir Starmer) criticised the Government for adopting the European Research Group-inspired red lines. We have heard from the Minister that, for instance, the EEA does not pass our test. Well, that is the Government’s test. I cannot remember it being a test on 23 June 2016. Those red lines have led the Government into huge difficulties with the customs partnership. “Max fac” will cost business £20 billion. The Government’s current proposal for the customs arrangements appears on the amendment paper alongside the names of Members including the hon. Member for North East Somerset (Mr Rees-Mogg) and the hon. Member for Wimbledon (Stephen Hammond). Clearly, that is a fudge. As the right hon. and learned Member for Rushcliffe (Mr Clarke) said, those two Members never agree on anything. The fact that an amendment stands in both their names suggests that it will not withstand the heat of the kitchen.

Neither do I think that Labour’s amendment—another huge dollop of fudge—will withstand the heat of the kitchen. I hope that at some point Labour will be able to explain how the UK can have full access to the internal market of the European Union with no new impediments to trade and common rights. Well, good luck with that. I think that is completely unachievable, and that it would be intellectually dishonest for anyone to support it today. Labour cannot have its cake and eat it, any more than the Government can, in relation to our departure from the EU.

The logical conclusion of many of the speeches we have heard today, by sensible Government Ministers and Labour Front Benchers, is that we should stay in the customs union and the EEA or, even better, stay in the customs union and the single market. Why not go the whole hog and simply stay in the European Union? Instead, we have this bizarre situation in which the Prime Minister, when I asked her earlier today whether there was any damage that Brexit could inflict that would cause her to change direction, is unable to say “No, there isn’t.” She said that she is committed to doing this, even though she, who was a remainer—many Government Members were remainers—knows that it will cause huge damage. That is something for which they will be held to account in future, as will Labour Front Benchers, who in many respects are equally complicit in delivering Brexit.

Unfortunately, I do not have time to go into any depth on the other amendments. We will be supporting Lords amendment 5, on the charter of fundamental rights; amendment (e) in lieu of Lords amendment 3, which is about environmental principles; and the family reunion proposal, which is amendment (i) to proposed amendment (a) to Lords amendment 24, because I am afraid the Minister gave no explanation at all why he would not support it.

In conclusion, the whole process for scrutinising these amendments brings shame on the House, and I hope that the much-maligned House of Lords will be able to do a much better job and that it will have much more time for scrutiny than we have been allowed in this Chamber.

[Charlie Elphicke (Dover) (Ind)]

One thing that my constituents in Dover and Deal were absolutely clear about when they decided to vote by a large majority to leave the European Union was the need to take back control of our borders and to end uncontrolled EU immigration—to end free movement. It is not just in my constituency; it is regions across the country, including Labour leave areas, which I know feel the same way. It should therefore be a red line for this House to ensure that, whatever happens, free movement comes to an end, because our constituents up and down the land have been very clear about that.

We must also ensure that we take the full opportunities that leaving the European Union will afford this country. That is why we need to leave the customs union and why we cannot stay in the EEA. The truth is that 90% of future economic growth in this world of ours will come from outside the European Union. In recent decades, the share of global GDP represented by Europe has halved, from about a third to just about 15%. Europe is in relative decline. We do not have to go that way ourselves. We can jump forward to explore, trade and participate in the fast-growing areas of the planet. I am not saying that it will be easy, but it is an instruction that has been given to us by our constituents and by this nation. What is more, when it comes to trade in goods, it is important to remember that the European Union sells us £100 billion more goods than we sell to it. It is therefore in its interests to ensure that there is frictionless trade, more so than it is in our interests.

We need to ensure that we are fully prepared for every eventuality and every single kind of deal that we might do. That is why I am making the case that we need to modernise our systems. We have needed to modernise them for years, so it is no-regrets spending. We should modernise them because the border is no longer as it was in the 1950s, where we checked every lorry; the border is a tax point. With the systems in place that technology now enables, trusted traders could be required to account for their loads and we could ensure that there was no need for any checks at the border whatsoever. That includes Northern Ireland.

Those who are opposed to us leaving the European Union like to cite Northern Ireland, but the truth is that we do not need any infrastructure or any checks at the border. We can have frictionless trade through the border, with audits in workplaces and computer systems that ensure there are proper audits. Singapore has such a single-window system in place, and countries around the world have such systems. We need to take advantage of that, because that is the kind of future we can make, and that is why I have been making the case for that investment to be made.

European Union (Withdrawal) Bill

Tom Brake Excerpts

Report stage: First Day: House of Commons
Tuesday 16th January 2018 Commons Chamber

[Caroline Lucas]

I agree with the hon. Gentleman that the new laws on sentencing are certainly to be welcomed, but I do not see why we need to see this as an either/or. I am trying to make sure that there is no legislative gap, because I do not have confidence—perhaps Conservative Members do—that the new Bill is likely to be on the statute books by the time that we leave the EU, if that is what happens. I want to make sure we have legislative certainty—belt and braces—by putting my new clause in the Bill.

We can have a big debate about the extent to which the EU has promoted animal welfare. I would argue that usually the reason that animal welfare has not been promoted while we have been a member of the EU is the lack of political will here, rather than that the EU itself has prevented it. I take the point about the rules of the single market, but cases can always be made for exceptions—for example, on seal fur. If enough political energy is expended in the EU, such derogations can be achieved. We could have done the same on issues such as live animals, but we chose not to. Indeed, as the hon. Member for Bristol East (Kerry McCarthy) said, the Government have a record of not supporting tighter legislation on the live animal transport trade. So I will not stand here and listen to Conservative Members pretending that their new-found detoxification strategy for the Tory party is a reflection of a long-held belief in animal welfare.

[Tom Brake (Carshalton and Wallington) (LD)]

Does the hon. Lady agree that a bird in the hand—her proposal —is much better than two in the bush? It would be cruel of me to remind the House that the Secretary of State for Environment, Food and Rural Affairs made a solemn pledge to support the Foreign Secretary in his bid to be leader, but then ended up stabbing him repeatedly in the front.

[Caroline Lucas]

I am happy to agree with that intervention.

In case a Conservative Member is about to embarrass themselves by repeating the spectacularly stupid suggestion yesterday by the Guido Fawkes website—[Interruption.] Yes, I know that is not hard to believe. It suggested that new clause 7 would weaken animal sentience law because article 13 of the Lisbon treaty applies to only six policy areas, whereas the Secretary of State’s Bill would apply to all Government areas. Leaving aside that it is hard to imagine a Government policy relating to animal welfare that does not fall under one of those six policy areas, which are pretty broad, the point is that we have no domestic animal sentience law to weaken. We have a hastily cobbled together draft Bill that may, or may not, become a substantive Bill that reaches the statute book before 29 March 2019—or ever.

It is this Bill that will weaken our animal welfare law by failing to transfer into UK law the obligation on the Government set out in article 13 of the Lisbon treaty. As I said in reply to the hon. Member for North Down (Lady Hermon), had I tabled an amendment that in some way added to or strengthened the obligations set out in article 13, Ministers would no doubt have rejected it on the grounds that I was trying to gold-plate EU law, which is not the purpose of the Bill. If new clause 7 were accepted, nothing would stop the Secretary of State’s draft Bill subsequently addressing any real or perceived weaknesses in the wording of article 13, and that would have my support. But let us not be left with a gap in the legislation. The real risk is that, because of the volume of legislation with which Whitehall and the civil service are having to grapple, a new Bill would not come forward in time to plug any gap after we leave the EU. That is why my belt-and-braces approach would make sure that we have this legislation safely included in UK law.

In the past, the right hon. Member for West Dorset (Sir Oliver Letwin) has called this solution inelegant. Yes, it is a bit inelegant, but I would rather be inelegant and effective than elegant with a big gap in the legislation. Let us stop playing political games with a draft Bill that may, or may not, get anywhere near the statute book. Let us do what the Secretary of State clearly wished to do himself as recently as July last year, when he was asked whether he wanted to include article 13 in the Bill—he said of course he did. There can be no better legislative vehicle right now to transfer article 13 of the Lisbon treaty into UK law than the Bill, which exists to transfer EU law into UK law. I therefore commend new clause 7 to the House.

I also wish to put on record my support for amendment 57 and new clause 19, tabled by the hon. Member for Bristol East. The amendment would preserve more comprehensively than clause 4, which it would replace, the rights, powers, liabilities, obligations, restrictions, remedies and procedures derived from EU law and incorporated into domestic law by the European Communities Act 1972. As the hon. Lady has already made clear, there are weaknesses in clause 4, as a result of which some provisions in EU law are at risk of being lost. She gave several examples, and I want to add one more. Unless amended, clause 4 could result in the loss from EU retained law of provisions that detail the aim and purpose of directives such as article 1 of the environmental liability directive, which includes reference to the polluter pays principle, and article 1 of the habitats directive, which specifies that the aim of the directive is to contribute towards biodiversity conservation.

New clause 19 would remove the risk of transposition gaps in retained EU law. It is simpler and more comprehensive than clause 4, and it would ensure that the rights arising from EU directives are preserved and a mechanism would be in place after exit day to deal with problems arising from the incorrect or incomplete transposition of EU law. I hope that Ministers will accept the amendment and new clause.

European Union (Withdrawal) Bill

Tom Brake Excerpts

Committee: 2nd sitting: House of Commons
Wednesday 15th November 2017 Commons Chamber

[Matthew Pennycook]

I agree with that, and I agree—I think this was also my hon. Friend’s point—that the public will expect these rights to continue to have the protection they have enjoyed while being underpinned by EU law. These rights should not have a reduced level of protection in the future.

[Tom Brake (Carshalton and Wallington) (LD)]

rose—

[Sir William Cash]

rose—

[Matthew Pennycook]

I will make a little more progress if that is all right.

Let me remind the House of the sentiments on the Government Benches when it comes to workers’ rights. Throughout the referendum, prominent leavers drew attention to what they claimed was the high cost of EU employment regulations, including those such as the working time directive and the temporary agency work directive. Prominent members of the Cabinet are on record as having called for workers’ rights to be removed. For example, the Foreign Secretary has written that we need

“to root out the nonsense of the social chapter—the working time directive and the atypical work directive and other job-destroying regulations.”

During the referendum, on 18 May 2016, the then Minister for Employment, the right hon. Member for Witham (Priti Patel), went so far as to call for the UK to

“halve the burdens of EU social and employment legislation”

in the event of Brexit. The newest member of the Brexit ministerial team—Lord Callanan—has openly called for the scrapping of the working time directive, the temporary agency work directive, the pregnant workers directive and

“all the other barriers to actually employing people.”

Just this week, the hon. Member for North East Somerset (Mr Rees-Mogg) made a speech in London calling for, among other things, deregulation. It was retweeted and then hastily deleted, as we heard yesterday, by the Department for International Trade.

[Tom Brake]

I wonder whether the hon. Gentleman is about to quote Mr Dyson. When leave supporters wanted to quote a business, it was usually Mr Dyson’s or JCB. Now that Mr Dyson welcomes the fact that leaving the EU means he will be able to hire and fire people more easily, I wonder whether they will quote him quite so often.

--- Later in debate ---

[Priti Patel]

My hon. Friend makes an important point.

One great former leader, Margaret Thatcher, once said:

“What is the point of trying to get elected to Parliament only to hand over…the powers of this House to Europe?”—[Official Report, 30 October 1990; Vol. 178, c. 873.]

We now have the chance to move in the right direction, and to deliver on the will of the British public through the mechanisms available to us and following the scrutiny we are carrying out in this House of Commons. Importantly, we can also look at how we can make better and more effective laws. We have very clearly heard from the Solicitor General how we will be proceeding with the right approach, and how we will develop high standards that are in our national interest.

[Tom Brake]

The right hon. Lady is clearly very keen that Members should scrutinise things effectively. Does she therefore agree with me that the Government should not allow new agencies to be set up, or the role and responsibilities of existing agencies to be changed, through secondary legislation, because such things should be done through primary legislation?

[Priti Patel]

The right hon. Gentleman knows that secondary legislation is scrutinised. We all have an effective role—I am sure he has experienced this many times while he has been a Member—in scrutinising secondary legislation.

We will have the opportunity to make and amend laws, and also to look at what will work in our national interest. Quite frankly, I take great pride in that as a Member of this House of Commons. I take great pride in taking part as a British citizen, in this British Parliament, in standing up for our national interests on the laws and decisions made for our country.

Of course, that means not that we will cut or axe regulations arbitrarily, but that we have the ability over time to look methodically at our laws and how to change them and, in particular, at how to make them reflect modern challenges in ways that are most effective for our economy, our country and our future prosperity, and that applies to every aspect of policy.

--- Later in debate ---

[Anna Soubry]

The hon. Lady may well be right. I am trying to find solutions. I am trying to find a way to get the best solution for everybody in our country, while putting the economy at the heart of this.

The joy of remaining in the EEA, and indeed in EFTA, is that it is a model sitting on the shelf that can be taken down, dusted off and perhaps tweaked here and there. The benefit for the great British people is that—hallelujah!—the job will pretty much be done, and it will enable our Government to get on with the great domestic issues that we must address. It certainly means there will be a “Hoorah!” right across businesses in this country, because it will give them the certainty and the continuity for which they are desperate, and it will deliver economic benefits. There is not much else to say, but if it is pressed to a Division, I will certainly vote for new clause 22.

[Tom Brake]

There are certainly several amendments in the group that I will support, if they are pressed to a Division. I very much welcome new clause 55, which was tabled by the right hon. and learned Member for Beaconsfield (Mr Grieve) and relates to enhancing scrutiny. That is clearly something that we need, as it was much debated on Second Reading, and is now being discussed in Committee. If new clause 22, which was tabled by the hon. Member for Lewisham East (Heidi Alexander), is subject to a vote, we will certainly support that.

I welcome the return of the right hon. Member for Witham (Priti Patel), who is clearly making herself the standard bearer for Brexiteers on the Back Benches. I am sorry that she is no longer in the Chamber, but she said in her speech that Brexit was not about cutting regulations. However, that does not quite sit with what she has said previously about Brexit being an opportunity for widespread deregulation. I am afraid I must ask why we should believe what Government Front Benchers are now saying about their intentions when many members of the Cabinet, Ministers and Back Benchers are on record as stating very clearly that Brexit will provide opportunities for deregulation. Members will be pleased to hear that I will make only some brief remarks.

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I seem to recall it was not so long ago that the right hon. Gentleman was in a coalition Government in which my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) insisted that we withdrew two regulations for every new one that we introduced. Does not that make the right hon. Gentleman a regulation cutter, like the rest of us?

[Tom Brake]

I remember that clearly. The right hon. Gentleman and I—and, I am sure, Labour Members—can confirm that there are regulations, such as those relating to the British Government’s role in running the railways in India, that it would be appropriate to get rid of, because frankly they are no longer relevant. I suspect that there are quite a lot of other examples.

I want to focus briefly on the EEA. At the start of the referendum campaign, those involved in the leave campaign advocated the Norway model. As it became clearer to them that that was not what they wanted, they moved on to the Switzerland model, with its 150 or so different agreements. Once they realised that that was quite complex, Peru emerged as the model they wanted to emulate, before they eventually settled on the idea of a bespoke deal. As we heard earlier, no one anywhere is willing to identify how such a bespoke deal would work or, indeed, whether it is even possible to put one together.

As other Members have said, it is clear that membership of the EEA does not in any way, shape or form match the benefits we get from being members of the European Union. It might provide an alternative—a step down from our current position, but without the consequences of our leaving completely—to the no-deal scenario. It is a poor substitute, but it is better than no deal. It would keep us in the single market but out of the customs union, and—this major sticking point was, I think, the reason why the leave campaign moved away from the Norway model—it would probably require a financial contribution. It would allow trade deals to be struck, so there are some advantages to it, which is why we will support new clause 22 if it is pressed to a vote.

I want to finish by focusing on the question of whether leaving the European Union automatically means that we also cut our links with the EEA. Articles 126 and 127 of the EEA agreement have already been mentioned. I have been involved in an interesting exchange of parliamentary written questions and answers about the EEA. When I asked what was required to formally withdraw from the EEA agreement, the parliamentary answer stated:

“As the Secretary of State for Exiting the European Union said when he addressed the House on 7th September, there is agreement that when we leave the EU, the European Economic Area Agreement will no longer operate in respect of the UK.”

I followed that up by seeking to identify who that agreement was with and why that would happen. The response stated:

“It is Government policy that we will not be a member”,

so it seems as though the Government have reached an agreement with themselves that we will automatically be out of the EEA. I would suggest that that is not a particularly high bar. Although article 126 makes it clear that we will leave the EEA, article 127 requires us to give notice in order to do so.

As an aside, if we are leaving the EEA, it would probably be courteous for the UK Government to at least talk to its other members, particularly EFTA members, just so that they are aware that that is what we are doing. As of last week, no contact had been made with at least one of the EFTA members. It might be appropriate for the Government to inform them as a matter of courtesy.

New clause 22 is very good, as it would provide us with an opportunity to keep some of the benefits of our EU membership without crashing out of the EU completely, and without seeking the mythical bespoke deal that I do not think anyone believes can be delivered in the timescales that the Government have to work towards. I look forward to the vote on that new clause.

[Alex Cunningham (Stockton North) (Lab)]

I want to speak to new clause 58 and to cover the key issue of EU pension directives, specifically versions one and two of the institutions for occupational retirement provision directive.

Both versions set out the broad framework for pension fund operation in the EU, concentrating on structures and procedures such as the separation of the fund from the employer, giving strong protection for scheme members, and the establishment of a regulator in each member state. My concerns relate to the effect of IORP II on the running of pension schemes and the Government’s approach to the requirement for legal separation of a pensions institution from the sponsoring employer under article 8 of the directive, and to investment regulations under article 19 that require assets to be invested prudently in the best interest of scheme members, and for any potential conflict of interest to be resolved in the member’s favour.

Principally, I seek an assurance that the Government will introduce legislation for the transposition of IORP II and that they will not seek to opt out of any of the relevant articles but implement them in full. That is particularly important for members of the local government pension scheme, as there remains some confusion in the public domain over whether IORP I was ever applied to it in full.

When IORP I is succeeded by IORP II, the Government could disapply any requirement for separation, as well as any requirement for investment in accordance with a “prudent person” rule. What lies at stake here are the statutory rights of more than 5 million citizens who participate in the UK local government pension scheme. They should not be undermined by virtue of past decisions, or indeed as a result of our leaving the EU. This is made even more important by the proximity of the deadline for IORP II to the date of exit from the EU. I hope that Ministers will confirm that the Government will ensure the necessary measures—articles 8 and 19—are enshrined in UK law.

I now turn to the state pension. As a result of our EU membership, the UK is part of a system to co-ordinate the social security entitlements of people moving within the EU. That system enables periods of insurance to be aggregated, meaning that an individual who has worked in other member states can make one application to the relevant agency in the country of residence. In the UK, that is the International Pension Centre. That relevant agency then notifies details of the claim to all countries in which the person has been insured, and each member state calculates its pro-rata contribution and puts that amount into payment.

The UK state pension is payable overseas, but it is uprated only if the pensioner is in an EEA country, or one with which the UK has a reciprocal agreement for uprating. In September, the Government suggested that reciprocal arrangements would be protected following exit from the European Union, and that is also included in the joint paper on citizen’s rights. Will Ministers confirm that that will continue to be the case, and that the Government will not be seeking to enter individual reciprocal arrangements after our exit from the European Union, but will instead continue to work on the basis of current arrangements?

--- Later in debate ---

[Zac Goldsmith]

I could not agree more with my hon. Friend. In one of his interventions, the Secretary of State said that nature by definition does not have a voice and that it is our job to give nature a voice. That is what we will do if we create an appropriate institution. I am absolutely committed, as my hon. Friend is and as many Members on both sides of the Committee are, to work together to get a world-class body to ensure that nature has a voice and that the Government can be held to account. That is what we must do and will do.

[Tom Brake]

Returning to the possible trade deal with the US, the Americans have already said that a condition of doing a trade deal with the UK is that we do not sign up to the EU’s animal welfare standards.

Oral Answers to Questions

Tom Brake Excerpts

Thursday 26th May 2016 Commons Chamber

[Caroline Dinenage]

My hon. Friend is right to point out that we have made great strides in gender equality, and I am incredibly proud of that. The average woman who reached state pension age in 2015 will get a higher state pension income over her lifetime than any woman who has reached state pension age at any point before her. We have legislated for an independent review every Parliament to ensure that any future changes are fair, affordable and sustainable, and that no one is unduly penalised.

[Tom Brake (Carshalton and Wallington) (LD)]

Given that women are having children later in life, what thought has the Minister given to extending statutory paternity leave to six weeks to enable women to get back to employment more quickly?

[Caroline Dinenage]

We do want men to take the shared parental leave already available. The signs are that men are beginning to do that, but we need a cultural change to encourage men to take their share of shared parental leave.

--- Later in debate ---

[Nicky Morgan]

The White Paper on education that I published in March reinforces our commitment to develop a diverse supply of school leaders. More than 450 women are benefiting from our equality and diversity fund, and earlier this year I announced a women in education network to support women’s career progression. I have called on exceptional school leaders to come forward and pledge to coach women into leadership, and 300 have already signed up to do so.

[Tom Brake (Carshalton and Wallington) (LD)]

Will the Minister support the introduction of “X” passports?

[Nicky Morgan]

This matter was raised in the Women and Equalities Committee’s report. Evidence was taken on it and it is something that we are considering, along with all the other issues in that report.

Oral Answers to Questions

Tom Brake Excerpts

Thursday 14th April 2016 Commons Chamber

[Paula Sherriff (Dewsbury) (Lab)]

1. What discussions she has had with the Secretary of State for Health on the effect on gender equality of the proposed new junior doctor contract.

[Tom Brake (Carshalton and Wallington) (LD)]

16. What discussions she has had with the Secretary of State for Health on the effect of the proposed new junior doctor contract on women in that profession.

[The Parliamentary Under-Secretary of State for Health (Ben Gummer)]

The Secretary of State fully understands his obligations under the Equality Act 2010 and his public sector equality duty. He is aware that he must pay due regard to each of the statutory equality objectives, which cover all of the protected characteristics, not just those that affect women. The new contract is a huge step forward for achieving fairness for all trainee doctors. For the first time, junior doctors will be paid and rewarded solely on the basis of their hard work and achievement, whether they work full or part time. Pay progression will be linked to the level of training rather than arbitrarily to time served. On 31 March, we published the equality analysis and family test alongside the new national contract.

[Ben Gummer]

I thank the hon. Lady for bringing this important matter to the attention of the House. I know that she will want to read the full equality impact assessment over the weekend, and she will find if she does so that it makes it clear that this contract is good for women, that it is a fairer contract and that it does not directly or indirectly discriminate against women. That is why I am very keen to see it implemented as fast as possible.

[Tom Brake]

What estimate has been made of the expected drop in the number of women doctors five years after the contract has been imposed, and how will the skills gap be filled?

[Ben Gummer]

We anticipate that this contract is better for women in a series of different ways and we expect women to be able to engage more easily with the workforce than they have under the previous contract. We believe that it is better for working mothers and better for women who are taking time out for maternity leave. For those reasons, we hope that it will reinforce the continued progression of women in the medical workforce, of which we are very proud in the Department of Health.