European Union (Notification of Withdrawal) Bill

Debate between Tom Tugendhat and Kit Malthouse

3rd reading: House of Commons & Committee: 3rd sitting: House of Commons & Report stage: House of Commons
Wednesday 8th February 2017 Commons Chamber

[Kit Malthouse]

No, that is not what it says. If the hon. Member reads the Member’s explanatory statement to the amendment he will see that it says:

“This new clause would require HM Government to negotiate to continue the UK’s participation on agreeing all rules affecting trade in goods and services in the European Union.”

My understanding is that those rules are made by the Commission and agreed by the Council of Ministers and the Parliament, so we would have to stay around all those tables.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

Should we pass this new clause, will the Act of Parliament therefore be binding on the other 27 members, who will therefore, because we willed it, be forced to accept our presence at their table, despite our having left all the organisations that we have left? Does my hon. Friend think that this is in any way enforceable? If not, is it not slightly fallacious even to debate it?

[Kit Malthouse]

My hon. Friend rightly points out that, as with all of these amendments, even if this does not happen, there is nothing to be done. There is no sanction; there would just be a shrug of the shoulders, and we would have to turn our back and ask the hon. Member for Nottingham East what we are supposed to do next if we cannot manage to comply with his amendment. It really is nonsense. I know the hon. Gentleman has ambitions within his party, but he will have to do a little bit better than produce stuff like this.

Again, new clause 179 on protecting current levels of funding states:

“In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of protecting current funding from the European Union.”

Funding to whom? Which funding? All funding? The funding that we send? The funding that comes back? Defence spend? Funding to us, or funding to other countries? The vagueness of these new clauses is extraordinary.

Again, new clause 183 on membership of the single market including EU-wide reform of freedom of movement states:

“secure reforms of provisions governing the free movement of persons between EU member states in such a way as to allow for greater controls over movement of people for member states”.

That is all very vague, as is

“maintain the highest possible level of integration with the European single market.”

What does that mean? What is the highest possible level of integration? Perhaps that means membership.

NHS (Charitable Trusts Etc) Bill

Debate between Tom Tugendhat and Kit Malthouse

Friday 22nd January 2016 Commons Chamber

[Kit Malthouse]

I do not think that I have attached that requirement to this straight appointment. If there are no trustees, who objects to the Secretary of State making those appointments? Can anyone think of anybody better? I certainly cannot. Possibly the chief executive of the hospital, but given that they are probably appointed under the influence of the Health Secretary, why not allow the Health Secretary to do it?

[Tom Tugendhat (Tonbridge and Malling) (Con)]

My hon. Friend is generous in allowing interventions. Barely 150 years ago we abandoned press-ganging for the Royal Navy, yet we are now reintroducing it for the charitable sector. It strikes me as odd not to “encourage” the Secretary of State or chief executive to recruit more trustees, but rather to force them to do so. As my hon. Friend rightly said, trustees are volunteers who step forward and step up for the community. They do something that is above and beyond their social duty every day, and we should encourage them in that. He is right to place such an important weight on that, but I question the legislative requirement of making the Secretary of State able to make those appointments. He seems to be asking not for the Secretary of State to be able to ratify a volunteer, but rather for them to go out and call somebody in from the fields, factories and cities and tell them to take up that position. That is slightly losing the focus. If the Secretary of State is not required to do that, all we need is for people to have the opportunity to volunteer, in which case the chief executive or Secretary of State can merely advertise the post.

[Kit Malthouse]

That is exactly what I am proposing. If there are no trustees for three months, the Secretary of State will have the power to appoint someone. They could run an advert, or decide to press-gang somebody if they want—they can choose their own method. The point is that somebody has to do it.

An interesting technical point that Members who belong to Conservative associations may know is that if an association runs out of trustees its members can appoint a new trustee in a special general meeting. Great Ormond Street charity has no members. There is no group of people who can appoint a trustee, so if it all falls vacant the thing effectively dies. In my view, the amendment is very sensible and I am amazed it is causing such controversy. This very sensible amendment would allow the Secretary of State to appoint one or more trustees to get the thing going again.