European Union (Withdrawal Agreement) Bill

Wayne David Excerpts

Consideration of Lords amendments & Ping Pong: House of Commons & Ping Pong
Wednesday 22nd January 2020 Commons Chamber

[Steve Barclay]

The hon. Gentleman and I both treasure the Union and want to work to ensure that it is preserved. To address his point, we had a meeting yesterday with devolved representatives, including the Welsh Government, to hear their input in the next phase. We are committed to working with the Welsh Government, among others, as we shape that negotiation.

As was noted in the other place, the issue that I was describing is not quite what the amendment turns on. As the noble Lord Callanan said when responding to this amendment yesterday:

“What matters is that the Government continue to uphold the Sewel convention”.—[Official Report, House of Lords, 21 January 2020; Vol. 801, c. 1074.]

We have done so in the passage of this Bill, including by ensuring that devolved Ministers will have a clear role in the functioning of the independent monitoring authority, particularly in their role in nominating to its board members with specialist devolved expertise.

On 17 January I wrote to Mike Russell and Jeremy Miles, my counterparts in the Scottish and Welsh Governments, to make clear the Government’s commitment to the legislative consent process and the enduring power and value of our historic partnerships. We are of course disappointed that the devolved legislatures have nevertheless not consented to the Bill.

[Wayne David (Caerphilly) (Lab)]

Will the Secretary of State give way?

[Steve Barclay]

I will take one more intervention, but the direction from the Chair is that I should allow other Members to speak in the debate and not take undue time.

[Wayne David]

Given the Secretary of State’s reference to the letter to the Welsh Government and the Welsh Minister, how does he square the circle of wanting, on the one hand, to reinforce the principles of Sewel and so on, but on the other, wanting to amend the legislation to withdraw the commitment?

[Mr Speaker]

Order. I am bit bothered about time. We have quite a few Members who want to make speeches. I remind Members that they cannot just walk in and put a question to the Minister—let us all work together for one another.

--- Later in debate ---

[Thangam Debbonaire]

My hon. Friend is absolutely right. I do want the Government to stick to that commitment. For the Government to ask us simply to trust them because it will pop up in another bit of legislation is just not good enough.

Let me finally deal with Lords amendment 5, which relates to devolution. This will be the shortest part of my speech. The Sewel convention provides that when Parliament wants to legislate on a devolved matter, it will not normally do so without the relevant devolved institution being properly consulted. All we want to do is ensure that that happens. Our devolved nations need to know that Government assertions about UK sovereignty in clause 38 are properly and legally tempered by respect for the law, conventions, and practices on devolution. That seems completely reasonable to us.

[Wayne David]

Does my hon. Friend agree that despite what the Government are saying, the impression is being given that they wish to undermine the Sewel convention through their act of opposing this amendment?

[Thangam Debbonaire]

That is indeed the impression that seems to be being given. I suggest that Conservative Members, particularly those who are newly elected and represent constituencies in Scotland and Wales, should ask themselves whether this is what they told their voters back in November. Did they tell them that they would be voting against respecting devolution? Is that what they said to their constituents?

Compliance with the European Union (Withdrawal) (No. 2) Act 2019

Wayne David Excerpts

Thursday 26th September 2019 Commons Chamber

[James Duddridge]

We have the highest rate of employment for decades. I am specifically responsible for small and medium-sized enterprises in deal and no deal. While some of the larger businesses are well prepared, there is still more room for further preparations in smaller businesses, and I recommend that they visit the Government website, which is absolutely superb and very detailed. Last week, I was in Birmingham and while some specific issues were raised, which we are working on, people were impressed with the Government’s preparations.

[Wayne David (Caerphilly) (Lab)]

A few moments ago, the Minister said that the Benn Act was unclear. Will he explain to the House why he thinks it is unclear?

[James Duddridge]

That is a fair question, but I am not necessarily going to give the hon. Gentleman an answer that he will be happy with. I have already said that the Government will take advice, but that legal advice will be confidential. That cannot and would not be shared with the House, and that would have been the case when the hon. Gentleman was a Member of the European Parliament and when he was a Minister.

Article 50 Extension

Wayne David Excerpts

Wednesday 20th March 2019 Commons Chamber

[Peter Grant]

That is part of the crisis of democracy, but it is certainly not the only part of our democracy that is in crisis.

The Government claim to be working to respect the will of Parliament and the will of the people, although it has been made perfectly clear that the people are not allowed to change their minds. The about-turn from the Chancellor of the Duchy of Lancaster’s speech to the Prime Minister’s actions, both on behalf of the Government, tell us that five days is enough time to allow 100% of the Cabinet to change their minds but almost three years is not enough time to allow 3% of the population of these islands to change their minds, because it only needs 3% of the population to change their minds to get a different result in another referendum. The Government think there has been a significant shift in public opinion; that is why they do not want to allow the public to have another say. If they were confident that leave would win another fair, uncheated referendum they would not be running away from it so quickly.

[Wayne David (Caerphilly) (Lab)]

There is a rumour that the Prime Minister intends to make a statement in No. 10 this afternoon, or this evening possibly. Does the hon. Gentleman agree that it would be far more appropriate—in fact, it would be an insult to this House if this was not the case—for her to come here first before making any such statement?

[Peter Grant]

I am not sure that what is appropriate and what is an insult to this House is a consideration for the Prime Minister and indeed the rest of the Government; they will do what they think will get their way through Parliament regardless of whether it upholds the traditions of this House. I find it astonishing that I am defending the traditions of this place to a Bench full of Conservative Ministers. When I first got elected, I never thought I would be doing that, but we have a Government who have been held formally to be in contempt of Parliament and I believe a lot of their actions—certainly in the past couple of weeks, and what they intend to do next Monday by all accounts—demonstrate that that contempt of Parliament has only deepened since the House had to pass that shameful resolution against them last year.

--- Later in debate ---

[Wayne David (Caerphilly) (Lab)]

Like many people in the country and in my constituency, I am extremely concerned about the situation we are in, but I am also clear that the responsibility for where we are now rests exclusively with one person—the Prime Minister. Brexit was always going to be a challenge and it was always going to be difficult, but she has turned a drama into a crisis—a political crisis and an unprecedented constitutional crisis. My advice to her is simple—you are in a hole; stop digging. We have had two meaningful votes, which have been rejected by this House, by very large majorities. On both occasions they have been absolutely thrown out, with no question about it. As things stand, if a third meaningful vote is allowed by the Speaker, that will be rejected as well. It will be rejected because this House is full of hon. Members who will not be bullied, browbeaten or bribed.

This deal is, in my considered judgment, bad for this country, and on that basis I will not support it. I ask the Prime Minister to listen very carefully, to this House and to the country. The country is divided; on that there is no question, but this House is also divided. What we need is not blind dogma and dogmatism, but an effort by all of us, including, especially, the Prime Minister, to create a consensus for a sensible Brexit—one that puts the people first and does not put the interests of the Conservative party above the national interest.

If that consensus on what might be called a soft Brexit cannot be achieved, we have to go to the people for their vote. There is a lot to be said for a confirmatory referendum, and at this stage and in the very near future, careful consideration must be given to that. On that basis, we could salvage something out of the terrible crisis in which we find ourselves.

Leaving the EU: No Deal

Wayne David Excerpts

Wednesday 19th December 2018 Commons Chamber

[Keir Starmer]

I am grateful for that intervention, and I agree with it.

[Wayne David (Caerphilly) (Lab)]

rose—

[Keir Starmer]

I am not sure that I am making a speech; I think that I am responding to interventions. I will take one more and then I really will make some progress.

[Wayne David]

I thank my right hon. and learned Friend. Does he agree that it is significant that, this morning, the new First Minister of Wales, Mark Drakeford, had a meeting with the Prime Minister and told her very clearly that she had a moral obligation to make sure that this country did not leave the EU without a deal?

[Keir Starmer]

I agree with my hon. Friend. I will take further interventions when I have made some progress.

The point that I am really making is that leaving the EU on 29 March next year without a deal is simply not viable, and I do not think that any responsible Government would do it.

--- Later in debate ---

[Stephen Kinnock (Aberavon) (Lab)]

It is a pleasure, as always, to follow the hon. Member for Ceredigion (Ben Lake).

Theresa May’s disastrous handling of the Brexit negotiations is entirely of her own making. It is she who chose to interpret a narrow victory for leave as meaning that the UK must exit the single market and the customs union; it is she who decided to call a general election in the middle of the most important negotiations in our post-war history; and it is she who utterly failed to face down the hard core of English nationalists in her party who want Brexit at any cost. In among all the chaos and incompetence, however, there is one aspect of her strategy that has become crystal clear. She has been talking up the prospect of no deal in order to bounce MPs from both sides of the House into supporting whatever deal she asks us to approve. Her game plan is simple: scare the living daylights out of Parliament by repeating ad nauseam that the choice will be between her deal and no deal at all.

It is vital that Parliament rejects the Prime Minister’s scaremongering and blackmail tactics, because they are built on an empty threat. The fact is that no deal is simply not going to happen for three reasons. First, a no-deal Brexit will unleash unmitigated chaos across government, business and society. As a member of the Exiting the European Union Committee, I have heard extensive evidence from senior civil servants and business leaders about the extent to which our country is ready to absorb the shock of leaving the EU on 29 March 2019 without a deal.

[Wayne David]

Does my hon. Friend agree it is not simply that we would be leaving the European Union and relying on WTO trade rules? It would mean a rupture in the whole corpus of legal arrangements that have been in place for 40 years. Such a scenario is totally unthinkable.

[Stephen Kinnock]

I agree entirely. Let us not forget that this will impact on people’s lives and citizens’ rights—the rights of EU citizens in the UK and British citizens in the European Union. What will happen to the European arrest warrant? What will happen to our entire security apparatus across the EU? It is not just about trade and the WTO; it is much bigger than that.

I have been deeply impressed by the professionalism and dedication of every one of those who have come in to speak to the Select Committee to give evidence. The only conclusion that can be drawn is that they are engaged in a charade. Let us take the state of preparedness at our ports. Jon Thompson, the head of Her Majesty’s Revenue and Customs, told us that his French counterparts have categorically refused to engage in bilateral discussions about how to plan for a no-deal exit, because bilateral contacts are not permitted under the terms of article 50. We can continue, should we wish to do so, to allow in goods from the EU at Dover without checks on 30 March, but we have absolutely no idea what the French are going to do at Calais in the event of no deal.

On our customs processes, Mr Thompson told us that there are 145,000 businesses across the UK who currently import or export their goods solely within the EU. Thanks to our membership of the customs union, not one of those businesses ever has to complete a customs declaration form because all the checks are done at the point of departure—that is, at the relevant factories, warehouses and farms. If we exit without a deal, every one of those businesses that wishes to continue trading with the EU will need to know how to complete a range of complex customs declarations. According to Mr Thompson, however, to date only 2% of the 145,000 have contacted the HMRC to seek guidance on what they should do in the event of no deal.

On health, Sir Chris Wormald, permanent secretary at the Department of Health and Social Care, told us that there is no clarity on reciprocal healthcare arrangements for UK citizens in the EU and EU citizens in the UK. This will end in the event of no deal. A British tourist in Paris needing medical treatment is currently entitled to full access to the French public healthcare system, but as of 30 March 2019 he or she may be required to hold a private insurance policy.

On legislation, Jill Rutter, director of the Institute for Government, told us that, in order to ensure that UK law is operable on 30 March 2019 in the event of no deal, a mountain of primary and secondary legislation would have to be passed. The Government have so far managed to pass six of the 13 currently announced Brexit Bills. Without a deal, they will need the Trade Bill to complete its passage through Parliament, along with other key Bills in areas such as agriculture and fisheries, as well as legislation to secure EU citizens’ rights. And then there is the mountain of secondary legislation, with between 800 and 1,000 statutory instruments having to be passed by 29 March. Even if MPs were to start working on all this primary and secondary legislation now, it would be a herculean task but, as we are not even going to have the vote until the 15 or 16 January, there is no sign at all of this being able to be brought forward. We are in the realm of the impossible.

EU Exit: Article 50

Wayne David Excerpts

Monday 10th December 2018 Commons Chamber

[Stephen Barclay]

That is a question for Parliament. It is for Parliament to decide what it does or does not do. My role as a Minister is to answer on behalf of the Government. That is what I am doing and it is the Government’s clear policy—it has not changed; I say that again—that we will not revoke. The question for Opposition Members is: are they potentially going to look to revoke article 50? That is what people want to know, particularly, as the hon. Member for Vauxhall alluded to, those people who voted for a Labour manifesto that said that it would honour the referendum result.

[Wayne David (Caerphilly) (Lab)]

If the European Council unilaterally decided to say that it wanted to extend the implementation period for article 50, would the Government automatically oppose that?

[Stephen Barclay]

Again, we have covered this several times. The Court case dealt with the issue of revocation; it did not deal with the issue of extension. Extension requires the consent of the other EU27 countries. That is an unchanged position from the Court. It is outside the jurisdiction of this case.

Oral Answers to Questions

Wayne David Excerpts

Thursday 6th December 2018 Commons Chamber

[Mr Walker]

This is an issue that we take very seriously. The ministerial forum, which I co-chair with the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Norwich North (Chloe Smith), who is the Minister for the constitution, has had some very useful engagement, in addition to the JMC structure. My new Secretary of State has already attended his first meeting of the JMC. We intend to keep moving forward and talking to and including the devolved Administrations in our approach.

[Wayne David (Caerphilly) (Lab)]

Under the Government’s post-Brexit UK prosperity fund, will funds be allocated on the same basis and to the same areas as under the current European structural funds?

[Mr Walker]

The hon. Gentleman asks an interesting question. Clearly, work is still ongoing on the UK shared prosperity fund. There is a huge opportunity to do better than the European structural funds. Our country sends millions of pounds into the European structural fund system, and they never return to our country. In the future, the UK shared prosperity fund can deliver more effectively for every part of the United Kingdom.

Brexit Negotiations and No Deal Contingency Planning

Wayne David Excerpts

Tuesday 4th September 2018 Commons Chamber

[Dominic Raab]

The hon. Gentleman raises an important point, and there are other medicines for which, because of the temperature at which they need to be stored, the transport arrangements and the arrangements at the border will be very important. He will have read our technical notice, and he will know that, more generally, we already have three months’ worth of buffer stock of more than 200 medicines. He will be aware of the letter from the Department of Health and Social Care saying that we will be willing to entertain any requests in relation to any support that is needed for any of the practical arrangements on which we have advised. We are waiting for the reply to work out quite what that might be, whether it is reasonable and how we will approach it. Our door is open so we can make sure that we provide the stability that is required in this crucial sector.

[Wayne David (Caerphilly) (Lab)]

In the event of a no deal scenario, there will inevitably be a huge increase in the number of customs declarations. Do the Government therefore have any plans to reverse their cuts to HMRC and to increase the number of HMRC workers instead?

[Dominic Raab]

As I explained in my statement, we are making sure that we have the teams in place, and HMRC will of course be among those teams, to ensure that we are prepared not just with the regulatory changes that are required but with the human resources to make sure we can give effect to Brexit.

EU: Future Relationship White Paper

Wayne David Excerpts

Thursday 12th July 2018 Commons Chamber

[Dominic Raab]

My hon. Friend is absolutely right. We will resume our seat at the WTO. Given some of the pressures for protectionism that we have heard from all sides, it will be hugely important for the Government and the country to take up our role as a global champion of free trade, because it is good for businesses, good for consumers and, of course, good for the very poorest countries in the world, which want to trade their way to genuine economic independence.

[Wayne David (Caerphilly) (Lab)]

Paragraph 6 of chapter 1 of the White Paper states that

“the UK recognises that the Single Market is built on a balance of rights and obligations, and that the UK cannot have all the benefits of membership of the Single Market without its obligations.”

Are the Government prepared to discuss the possibility of making financial contributions for the privilege of having access to that European market?

[Dominic Raab]

We have already set out what we are going to do in relation to the financial settlement in the withdrawal agreement. We will settle our accounts and ensure that in respect of those parts of the EU project, whether Eurojust or whatever it may be, we pay our way.

Oral Answers to Questions

Wayne David Excerpts

Thursday 14th December 2017 Commons Chamber

[Mr Robin Walker]

Since the creation of our Department, we have engaged closely with the financial services industry. We have received representations from a wide variety of stakeholders, including UK Finance, TheCityUK, the Association of Foreign Banks and the Investment Association, as well as many firms in Edinburgh, which, as the hon. Lady knows well, is a regional and global leader in, among others, the asset management and insurance industries. We will continue to work closely with them and colleagues at the Treasury to ensure that our financial services industry thrives.

[Wayne David (Caerphilly) (Lab)]

Will the Government consider negotiating our continued participation in the Erasmus 2 programme after we have left the European Union?

[Mr Walker]

The Prime Minister said in her Florence speech that we would continue to co-operate in areas of culture and education. I believe that we should explore that in the next phase of the talks.

European Union (Withdrawal) Bill

Wayne David Excerpts

Thursday 7th September 2017 Commons Chamber

[Peter Grant (Glenrothes) (SNP)]

Will the Secretary of State give way?

[Wayne David (Caerphilly) (Lab)]

Will the Secretary of State give way?

[Mr Davis]

I will not give way for the moment.

For example, the common frameworks will mean that a business in Wales knows that it needs to comply only with one set of rules on food labelling and safety to sell to the rest of the United Kingdom, or that a farmer in Scotland is able to sell her livestock in other parts of Great Britain, safe in the knowledge that the same animal health rules apply across that geographical area. Certainty on common approaches will be critical for the day-to-day life of people in the United Kingdom on the day we exit the European Union and on into the future.

[Mr Davis]

I do not remember any such promise. When I was going through the list of practical things that apply to the citizens that SNP Members are supposed to represent, what did we hear? Wow! They do not care; what they are interested in is devolution and political power for themselves, not the interests of their own constituents.

Just as important are the areas where we do not need to keep common approaches in the future. We do not expect that we will need to maintain a framework in every single area the EU has mandated. We can ensure that our common approaches are better suited to the UK and our devolution settlements. The Bill therefore provides a mechanism to release policy areas where no frameworks are needed.

[Wayne David]

Will the Secretary of State give way?

[Mr Davis]

No, I will not give way at the moment.

The Bill gives time for us to work with the devolved Administrations to determine where we will continue to need common frameworks in the future. Crucially, it will not create unnecessary short-term change that negatively affects people or businesses. Before the summer recess, my right hon. Friend the First Secretary of State wrote to the Scottish and Welsh Governments to begin intensive discussions about where common frameworks are and are not needed. In the current absence of a Northern Ireland Executive, equivalent engagement has taken place at official level with the Northern Ireland civil service. We will bring forward further detail on the process underpinning these discussions in due course for Parliament to decide on.

Certainty in devolved legislation affected by EU exit is also vital. The key delegated powers in this Bill are conferred on the devolved Administrations so that the task of preparing the devolved statute books for exit can rightly be led from Scotland, Wales and Northern Ireland.

The Government are committed to ensuring the powers work for the Administrations and legislatures. For instance, I have already confirmed that we will always consult the Administrations on corrections made to direct EU law relating to otherwise devolved areas of competence. I firmly believe that the outcome of this process will be a significant increase in the decision-making powers of each devolved Administration and legislature. It will mean that decisions and powers sit in the right place and closer to people than ever before. Crucially, the Bill means that our UK businesses and citizens have confidence and certainty that the laws will allow them to live and operate across the UK as we exit the EU.

As the Prime Minister said in January, the historic decision taken by the British people in June last year was not a rejection of the common values and history we share with the EU but a reflection of the desire of British people to control our own laws and ensure that they reflect the country and the people we want to be. The Bill is an essential building block. It lays the foundation for a functioning statute book on the basis of which future policies and laws can be debated and altered. The Bill itself is not the place for those substantive changes to the frameworks we will inherit from the EU—we will have many more opportunities to debate those, both before and after we leave.

I hope that all Members on both sides of the House will recognise that we are acting responsibly in leaving the EU by prioritising, first and foremost, a functioning statute book. In bringing forward the Bill, we are ensuring the smoothest possible exit from the EU—an exit that enables the continued stability of the UK’s legal system and maximises certainty for businesses, consumers and individuals across the UK. As we exit the EU and seek a new deep and special partnership with the EU, the Bill will ensure that we do so with the same standards and rules. In the Bill, we are not rejecting EU law but embracing the work done between member states over 40 years of membership so that we might build on that solid foundation once we return to being masters of our own laws. I hope that everyone in the House recognises the Bill’s essential nature: it is the foundation on which we will legislate for years to come.

We have seen this morning the Opposition’s reasoned amendment. I have just emphasised the critical nature of the Bill. A vote for the Leader of the Opposition’s amendment is a vote against the Bill, a vote for a chaotic exit from the EU. It suggests that the Bill provides a blank cheque to Ministers. That is a fundamental misrepresentation of Parliament and our democratic process. Using the Bill’s powers does not mean avoiding parliamentary scrutiny. Secondary legislation is still subject to parliamentary oversight and well established procedures. In no way does it provide unchecked unilateral powers to the Government.

The Government agree that EU exit cannot, and will not, lead to weaker rights and protections in the UK, as I have just said to hon. Members. We have been clear that we want to ensure that workers’ rights are protected and enhanced as we leave the EU. The Bill provides for existing legislation in this area to be retained. After we leave the EU, it will be for Parliament to determine the proper level of rights protection. On devolution, I have just explained in detail the approach we will take.

Finally, the argument that the Bill undermines any particular approach to the interim or transitional period for the implementation of our new arrangements with the EU is completely wrong. It will provide a clear basis for our negotiations by ensuring continuity and clarity in our laws without prejudicing those ongoing negotiations. Without the Bill, a smooth and orderly exit is impossible. We cannot await the completion of negotiations before ensuring this legal certainty and continuity at the point of our exit. To do so, or to delay or oppose the Bill, would be reckless in the extreme.

I have in the past witnessed the Labour party on European business take the most cynical and unprincipled approach to legislation I have ever seen. It is now attempting to do the same today. The British people will not forgive Labour if its end is to delay or destroy the process by which we leave the EU.

--- Later in debate ---

[Peter Grant]

I will take no more interventions from people whose position on the European Union has changed so radically over the past couple of years.

Returning to the attempt to grab power back from the devolved Parliaments that so many of us worked so hard to establish, many of those who take the greatest credit for their establishment, such as the great Donald Dewar, are not here to see the success of what they created, and I shudder to think what they would have thought of these attempts completely to emasculate all three devolved Parliaments.

We are seeing a betrayal of the promises—one could almost say the “vow”—that certain people made to the people of Scotland just three years ago: the most powerful devolved Parliament in the world, they said; Scotland should lead the Union, they said; parity of esteem and an equal partnership of nations, they said. What definition are they using if the Prime Minister, who takes her authority from this Parliament, decides it is beneath her status even to meet the First Ministers, who take their authority from their respective national Parliaments? What definition of “equality” or “parity of esteem” are the Government using? Where is the parity of esteem if the Joint Ministerial Committee, trumpeted by the Tories less than a year ago as the epitome of good relations between our four national Governments, has not met for seven months? I note, however, that, completely coincidental to an attempt by my hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) to have an urgent debate on the matter, the Government have now decided they are going to reconvene the JMC at some time in the autumn. I hope they will not fall back on the claim that autumn finishes on 30 November. I welcome the fact that they have given way to some pressure and are now going to reconvene the JMC, but the fact is they have done nothing, even ignoring a request for a meeting by the national Governments of Wales and Scotland, which they had promised to act on within one month. They broke that promise, as they have broken so many other promises to the peoples, Parliaments and Governments of those devolved nations.

[Wayne David]

Does the hon. Gentleman agree that it would be simple and straightforward for the Government to accept the reality of devolution and that where there is the repatriation of powers from Brussels in devolved areas they should go directly to the devolved institutions?

[Peter Grant]

Absolutely—that is what devolution means; if the powers are currently devolved, they should remain devolved.

If we cannot trust the Tories to keep their word on something as simple as arranging a joint meeting of Ministers, nobody in any of the devolved nations can trust their assurances that the draconian new powers in this Bill will not be abused. Our experience of promises from the Tories suggests we cannot take them at their word unless the legislation is nailed down so tightly that they have no wriggle room to go back on their word.

We have heard a lot of rhetoric about some issues needing a “UK-wide approach”. I wonder how the UK-wide approach to agriculture, animal welfare and food standards is going to work in Northern Ireland, because regardless of what the legislative or constitutional position will be, the matter of business survival means that the food industry in Northern Ireland will follow the same standards as are followed in the Republic of Ireland—the same standards as apply in the EU will be followed. So we are talking about different animal welfare standards in Northern Ireland from those in the rest of the UK, and I cannot really see how that is working.

What a UK-wide approach has been shown to mean in practice is that the Prime Minister and a few hand-picked colleagues get the right to dictate to the peoples of these islands and to our elected Governments. For example, the need for a “UK-wide approach” led to Scotland’s fishing industry being sold out by the British Government when we first joined the EU and there is a serious danger that it will lead to those fishermen being sold out yet again as part of the process of leaving.

My second concern is about the all-encompassing powers set out in clause 9, which was superbly torn to shreds by the shadow Secretary of State a few minutes ago. One of the Prime Minister’s own Back Benchers, the right hon. Member for Broxtowe (Anna Soubry), described this on Wednesday as an “unprecedented power grab”, and there is no other way it can be described; 649 elected MPs will be expected to stand by and watch while a single Minister, with a single signature, can make new legislation. This includes the right to make legislation that should require an Act of this Parliament. The only requirement there will be on the Minister is that she or he thinks the legislation is a good idea. When we have Ministers who think that welching on the Dubs amendment and introducing the rape clause were good ideas, I am looking for a slightly harder test than a Tory Minister thinking that something is a good idea.

These new powers are often referred to as Henry VIII powers. Henry VIII was a despot with no interest in democracy, who thought Scotland and Wales were just places to be conquered and trampled on, so perhaps this is not such a bad name for something this Government are doing, but using that nickname hides the danger of these proposed powers. Despite his murderous deeds, a lot of people see Henry VIII as a figure of fun and pantomime villain—someone who even got to star in a “Carry On” film. But the fact is that the powers in this Bill are more “Nineteen Eighty-Four” than “Carry On Henry”. The powers that bear his name are anything but funny. They represent a significant erosion of parliamentary democracy; indeed to those Members here who believe in the doctrine of parliamentary sovereignty, I say that the powers in this Bill are utterly incompatible with that idea. This is not about taking back control to Parliament and resuming parliamentary sovereignty for those nations of the UK where parliamentary sovereignty exists. This Bill threatens to destroy it, once and for all. The powers are designed to allow Ministers to bypass all pretexts of parliamentary scrutiny. It is even possible that we could see an Act of Parliament receive Royal Assent one day and then be repealed by a Minister the next, simply because they thought it was a good idea.

The Government will argue that delegated powers are an essential part of modern government, and I agree. We do not have an issue with the principle of using delegated legislation. We do have an issue with allowing delegated legislation to be abused in order to bypass proper scrutiny. The only way this House can be satisfied that the powers will not be abused is if the Bill is reworded to make it impossible for them to be abused in that way.

The third significant weakness in the Bill has been touched on and it relates to our membership of the biggest trade agreement in the world. We are going to throw that away. We are talking about the loss of 80,000 jobs in Scotland and the loss of £11 billion per year coming into our economy as a result. The figures for the rest of the UK will be proportionate to that. This is being done simply to pacify the extreme right wing of the Conservative party and their allies, whose obsession with the number of immigrants has blinded them to the massive social and economic benefits that these EU nationals have brought to my constituency and, I suspect, to every constituency in the UK. The sheer immorality of the isolationist, xenophobic approach that the Conservatives are trying to drag us down is there for all to see, but it is not just immoral—it is daft. It threatens to destroy our economy. Already we are seeing key sectors in industry and key public sector providers struggling to recruit the staff they need. It was reported a week or two ago that a private recruitment firm is being offered £200 million just to go to persuade workers to come to the UK to work in our health service. I have a hospital in my constituency that we could rebuild for £200 million quite comfortably, yet this money is going to be handed to a private firm to try to undo some of the damage that has been done by the Government’s obsession with the immigration numbers. With the collapsing pound making British wages are worth a lot less to European workers than they were before, with the anti-European rhetoric and hysteria that we still get from Government Members and with the Government still refusing to give European nationals the absolute, unconditional and permanent guarantees that they deserve if they choose to come and live here, those recruitment difficulties are going to become much, much worse before they get any better. The Secretary of State wants our EU partners to be innovative, imaginative and flexible. I urge him to apply these same qualities to his Government’s attitude to membership of the single market.

I have mentioned the plight of EU nationals, and another major concern, which again has been raised, particularly by the shadow Secretary of State, is that this Bill threatens to undermine the rights of not only EU nationals but of everyone, regardless of their nationality or citizenship, who lives on these islands. I hear the promises from the Government, but we have had promises from this Government before. They are not worth the paper they are written on, even if they are not written down on paper at all.

At yesterday’s Prime Minister’s questions we had the usual charade of a Tory Back Bencher asking a planted question so that the Prime Minister could confirm how successful the Government have been in bringing down unemployment. She went so far as to say that unemployment in the UK is at its lowest for more than four decades, so let us just think about that. The Prime Minister is telling us that unemployment is lower now than it was when we went into the European Union and the single market. How can the Conservative party boast about having almost done away with unemployment altogether and then say that immigrants are to blame for the huge unemployment problem? The fact is that the free movement of people—free movement of workers—and membership of the single market has not caused unemployment; it has caused employment. It has benefited our economy and helped our businesses to thrive. It keeps schools open in places where they would otherwise have closed. All the evidence suggests that the most successful, wealthiest and happiest countries in the world—those with the highest standard of living, whether material or in the things that really matter, are countries that are open and inclusive. The Government are trying to move us away from that to become one of the most isolationist and isolated economies in the world. Only five countries are not part of a trade agreement, but none of them is a country we would want to see as an example.

The Government’s mantra on Brexit has been about taking back control, but that will not happen—at least not in the way that the people who voted to leave hoped it would happen—because it is not about taking back control to the 650 people who collectively hold a democratic mandate from our constituents to represent them; it is about taking back control from this Parliament and putting it into the hands of a few Ministers. It is about taking back control from the devolved and elected national Parliaments and Assemblies of Scotland, Wales and Northern Ireland and putting it into the hands of a few chosen Members of a political party that cannot get elected into government in Scotland, Wales or Northern Ireland. The Bill allows Ministers to usurp the authority of Parliament and gives them absolute power to override the will of Parliament.

A lot has been said about the UK Government’s red lines in the Brexit negotiations, and I will give the Minister one red line from the sovereign people of Scotland: our sovereignty is not for sale today and will not be for sale at any future time—not to anyone and not at any price. The Bill seeks to take sovereignty from us, probably more than any Bill presented to this Parliament since we were dragged into it more than 300 years ago. That is why I urge every MP who claims to act on behalf of the people of Scotland, who believes in the sovereignty of the people and who believes in the sovereignty of democratic institutions to vote with us and against the Bill on Monday night.