Parliamentary Scrutiny of Leaving the EU

Wayne David Excerpts

Wednesday 12th October 2016 Commons Chamber

[Stephen Gethins]

I congratulate the hon. Gentleman on referring to my hon. Friend the Member for Na h-Eileanan an Iar correctly. The hon. Gentleman is right about 2020, but universities, businesses, regions and local authorities will negotiate and collaborate with one another well beyond that. They are currently not certain of membership of the European Union, the single market and the continued benefits of those programmes. I therefore do not agree with him on that point. That is a significant amount of uncertainty.

[Wayne David (Caerphilly) (Lab)]

Will the hon. Gentleman give way?

[Stephen Gethins]

I will not give way yet.

Over the coming little while, much of the debate should be about scrutiny—we should be able to talk about our constituents who are affected—but it should also be about vision and the kind of country we want to see if the rest of the United Kingdom leaves. I was proud, as I am sure every member of my party was, that 62% of people in Scotland voted to remain.

--- Later in debate ---

[Wayne David (Caerphilly) (Lab)]

Like many other Members, I am profoundly worried about the lack of clarity from the Government. Even though we all accept that we are talking only about the principles that will govern negotiations in future, this is a momentous decision and really the House needs to understand and debate the principles that lie behind the actions before us.

I wish to make two specific points. First, it seems pretty clear that the negotiations will not have been concluded within the two years stipulated under article 50, and therefore we will have the great repeal Act. The Brexit Minister told me on Monday that

“the great repeal Bill will put the acquis communautaire straight into British law”—[Official Report, 10 October 2016; Vol. 615, c. 66.]

The implications are considerable, because Britain will not have concluded its negotiations and, even though we will have left the European Union, European law will still apply to us. The implications are huge. For example, if we are no longer under the jurisdiction of the European Court of Justice, will British courts adjudicate on British courts? How on earth would that work in practice?

My second question is about how long that situation will apply for—how long will European law continue to apply even though we have left the European Union? Is there an open time scale?

I also want to address the effect on Wales. Like other parts of the United Kingdom, Wales has a devolved Administration and we receive significant amounts of European funds: £1.8 billion from structural funds, mainly focused on west Wales and the valleys, covering the funding period 2014 to 2020. The Government have said that they will ensure that the moneys allocated will still be forthcoming until 2020, but my question is about the fact that the Government have also said they intend to change the priorities for spending that money even though there is a partnership agreement between the European Union and the Welsh Government about how the money is to be spent. [Interruption.] The Under-Secretary of State looks quizzical, but the Secretary of State for Wales gave that explicit commitment only the other day.

Given the large sums involved, is it not right and morally justified, as well as being a legal certainty, that the devolved Administrations must have a direct say on the negotiations and final conclusions to be reached? Those sums of money are important to the peripheral parts of the United Kingdom. Also important is the fact that when the negotiations have concluded and significant powers have been repatriated from Brussels, many of those powers will then be devolved to Wales, Northern Ireland and Scotland as part of the devolution package. It is only reasonable that the full implications of that change are understood, debated and agreed by the devolved institutions themselves. I would like a commitment from the Government that that will be the case.

I come to my final point. I do not think anybody in the House seriously doubts that a clear decision has been taken by the British people. But we want to be absolutely certain that what follows that decision is not harmful to the best interests of the British people. That is what we are concerned about and why it is so important that Parliament should exercise full scrutiny.