European Union (Withdrawal) Bill

Debate between Tom Brake and Cheryl Gillan

Committee: 1st sitting: House of Commons
Tuesday 14th November 2017 Commons Chamber

[Mrs Gillan]

My hon. Friend is leading me down a path that I do not wish to go down. I was very much hoping that I could make my contribution today without mentioning HS2, but the trouble is that if I do not mention it, someone else will. In fact, I agree with her entirely. To deny people those rights would be an abuse.

A retrospective removal of rights breaches the principle of legitimate expectation, because individuals have a reasonable expectation that their grievances should be heard under the rules as they stood at the time they were affected. For this reason, I am proposing these minor amendments to the Bill. I do not believe that they would undermine the overall effect of the Bill; rather, they would give legal certainty to those who were caught in the transitionary period. Anyone who has a claim originating in the period prior to Brexit should be able to have their claim heard under the rules as they stood prior to Brexit, including a right to a reference to the European Court. That is only fair and just. The British people voted for Brexit to improve their rights and the rights of their fellow citizens. They did not vote to cause legal confusion or harm, or to frustrate the rights of those relying on the courts during the transitionary phase.

[Tom Brake]

Will the right hon. Lady give way?

[Mrs Gillan]

I would like to finish now.

As the Bill already states that cases occurring during the transitionary period can continue, my amendments would do nothing other than ensure that that happens fairly. I really hope that the Government will respond positively to these amendments, and remember that justice delayed is justice denied.

Business of the House

Debate between Tom Brake and Cheryl Gillan

Tuesday 9th September 2014 Commons Chamber

[The Deputy Leader of the House of Commons (Tom Brake)]

I beg to move,

That at today’s sitting:

(1) the Speaker shall put the Questions necessary to dispose of proceedings on the Motions in the name of Secretary Patrick McLouglin relating to the High Speed Rail (London - West Midlands) Bill not later than two hours after the commencement of proceedings on the Motion for this Order; such Questions shall include the Questions on any Amendments selected by the Speaker which may then be moved; the Questions may be put after the moment of interruption; and Standing Order No. 41A (Deferred divisions) shall not apply; and

(2) notwithstanding the provisions of Standing Order No. 20 (Time for taking private business), the Private Business set down by the Chairman of Ways and Means may be entered upon at any hour, and may then be proceeded with, though opposed, for three hours, after which the Speaker shall interrupt the business; the business may be entered upon after the moment of interruption; and Standing Order No. 41A (Deferred divisions) shall not apply.

Last Thursday, during the business statement, the Leader of the House announced that the House would today consider motions relating to the High Speed Rail (London - West Midlands) Bill, a motion to approve the draft Legislative Reform (Clinical Commissioning Groups) Order 2014, and then opposed private business. The business motion before the House helps to control these proceedings today.

The effect of passing the motion would be to allow two hours for the debate on both of the high speed rail Bill motions, which would be debated together. The clinical commissioning groups order motion is not included within the terms of the business motion as that motion will be subject to 90 minutes’ debate under Standing Orders. The business motion then allows up to three hours’ debate on the opposed private business, as well as allowing that business to start at any time.

The motions relating to the high speed rail Bill have been on remaining orders since last Tuesday. The first amends the carry-over motion agreed by the House in April relating to the application of the electronic deposit of documents in this Session. The second is an instruction to the Select Committee considering the Bill to give it powers to consider amendments to accommodate the requirements of certain landowners and occupiers, utility undertakers and changes to the design of the works authorised in the Bill, as specified in the motion. Two hours would seem adequate to discuss these very specific procedural motions relating to the Bill. The business of the House motion also allows the opposed private business to be proceeded with at any hour and to last for three hours.

I hope the House will agree that the business motion facilitates the business of the House in a sensible way and I commend the motion to the House.

[Mrs Cheryl Gillan (Chesham and Amersham) (Con)]

I thank the Deputy Leader of the House for that explanation of the business today. I am very grateful that he has explained why we have the business of the House in this order, but may I just say to him how grateful I am because today not only do I have an interest in HS2, but of course I have an interest in the opposed private business, which covers the film industry in Buckinghamshire. Therefore, I am very grateful for the reordering of the business today which enables me to cover both debates in one sitting?

Business of the House

Debate between Tom Brake and Cheryl Gillan

Thursday 17th October 2013 Commons Chamber

[Tom Brake]

I thank my hon. Friend for drawing my attention to that issue, of which I was not aware. I am sure that she will pursue the matter at Business, Innovation and Skills questions next Thursday. It might be possible for me to secure a response for her in the interim.

[Mrs Cheryl Gillan (Chesham and Amersham) (Con)]

As the Deputy Leader of the House knows, the Government are planning to introduce a hybrid Bill into the House before the end of the year on the vexed subject of High Speed 2. It will be accompanied by an environmental statement that contains more than 50,000 pages of information. On the day on which it is laid, the Government’s consultation period will commence. It is rumoured that it will be only eight weeks long and will take place over the Christmas period. Will he grant a debate on the efficiency and effectiveness of the consultation periods that are being allowed by the Government, to ensure in particular that my constituents and other people who will be affected along the line have a decent time to reply to what will be one of the largest environmental statements in history?

[Tom Brake]

Again, I am not in a position to guarantee such a debate. However, my right hon. Friend will be aware that the High Speed Rail (Preparation) Bill will be debated in this place on Thursday 31 October and she may have an opportunity to raise those issues during that debate. She will also be aware that there have been many legal challenges to what the Government are doing on this issue, but that overwhelmingly the Government have been successful in overturning them.

Oral Answers to Questions

Debate between Tom Brake and Cheryl Gillan

Thursday 12th September 2013 Commons Chamber

[Tom Brake]

Clearly, the Government’s legislative programme is not light, as the hon. Lady suggests it is; in fact, it is very full. As for the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill, there was pre-legislative scrutiny in respect of the lobbying proposals, although it is correct that such scrutiny was not possible for the other aspects of the Bill. As I have stated—[Interruption.] I am sure that the hon. Lady would like to hear that we published 15 Bills in draft in the 2012-13 Session—more than in any previous Session by any Government.

[Mrs Cheryl Gillan (Chesham and Amersham) (Con)]

Has the Deputy Leader of the House given consideration to one of the largest Bills this House has ever seen, which is due to hit it in December? I refer to the at least 50,000 pages that will accompany the High Speed 2 Bill. Will the right hon. Gentleman join me in pressing the Department for Transport to allow us not only to look at some of these papers in advance, but to have pre-legislative scrutiny of this Bill, which is going to be gargantuan?

[Tom Brake]

I do not know whether the right hon. Lady was able to ask that question earlier in Transport questions. Having previously been a Transport spokesman and having been involved in a number of Transport Bills, such as the Crossrail Bill, I am absolutely certain that there will be extensive opportunities for people to debate these matters.