European Union (Withdrawal) Bill

Yvette Cooper Excerpts

Committee: 7th sitting: House of Commons
Wednesday 13th December 2017 Commons Chamber

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I beg to move, That the clause be read a Second time.

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

New clause 4—Arrangements for withdrawing from the EU—

“Notwithstanding any powers granted under this Act, no Minister of the Crown may agree to the arrangements for the withdrawal of the United Kingdom from the European Union referred to in Article 50(2) of the Treaty on European Union until Royal Assent is granted to an Act of Parliament—

(a) authorising the Minister to agree to an exit day to be specified in the Act,

(b) authorising the Minister to agree to those arrangements that will apply after exit day, the arrangements to be specified in the Act.”

This new clause would ensure that a separate Act of Parliament would be required for Ministers to determine exit day and to set out the arrangements that will apply after exit day.

New clause 19—Publication of the Withdrawal Agreement—

“The powers for Ministers set out in section 9 shall not come into force unless and until a final withdrawal agreement made between the United Kingdom and the European Union has been published and copies placed in the Libraries of the House of Commons and the House of Lords.”

This new clause would ensure that the wide-ranging powers for Ministers to implement the withdrawal agreement set out in Clause 9 of the Bill cannot come into force until the withdrawal agreement has been published.

New clause 38—Status of Irish citizens in the United Kingdom—

“Before making any regulations under section 9, the Minister shall commit to making available to Irish citizens lawfully resident in the United Kingdom after exit day any status, rights and entitlements available to Irish citizens before exit day, inclusive of and in addition to their status, rights and entitlements as EU citizens.”

New clause 66—Parliamentary approval for the outcome of negotiations with the European Union—

“No exit day may be appointed under this Act until the terms of the United Kingdom’s withdrawal from the European Union, including leaving the EU without an agreement, have been approved by both Houses of Parliament.”

This new clause is intended to establish that Parliament has a meaningful vote on the terms of Britain’s withdrawal from the European Union.

New clause 68—Terms of withdrawal: approval by Parliament—

“(1) The Government shall not conclude any agreement on terms of withdrawal from the European Union, or on the UK’s future relationship with the European Union, until those terms have been approved by resolution in both Houses of Parliament.

(2) Approval by resolution of both Houses of Parliament must be sought no later than three months before exit day.”

This new clause would require the Government to seek Parliamentary approval for its exit agreement with the EU at least three months before exit day.

New clause 69—United Kingdom withdrawal from the EU—

“(1) Subsection (2) applies if either of the conditions in subsection (3) or (4) is met.

(2) The Prime Minister must seek an agreement with the EU on one or more of the following—

(a) extending the negotiations beyond the two-year period specified in Article 50 of the Treaty on European Union; or

(b) agreeing that negotiations over the final terms of the United Kingdom’s withdrawal from the EU may take place during a negotiated transitional arrangement which broadly reflect current arrangements and which begins immediately after the Article 50 notice period expires and the EU treaties cease to apply to the UK; or

(c) any other course of action in relation to the negotiations (with the EU over the withdrawal of the United Kingdom) which has been approved in accordance with this section by a resolution of the House of Commons.

(3) The condition in this subsection is that no Article 50 withdrawal agreement has been reached between the United Kingdom and the EU by 31 October 2018.

(4) The condition in this subsection is that an Article 50 withdrawal agreement has been reached between the United Kingdom and the EU but the proposed terms of withdrawal have not been approved by resolutions of both Houses of Parliament by 28 February 2019.

(5) Nothing in this section may be amended by regulations made under any provision of this Act.”

The intention of this new clause, which could be amended only by primary legislation, is to specify the actions that should be taken if the Government does not secure a withdrawal agreement by 31 Oct 2018 or that Parliament does not approve a withdrawal agreement by 28 February 2019.

New clause 75—Implementing the withdrawal agreement (No. 2)—

“(1) No powers to make regulations under this Act may be used for the purposes of implementing the withdrawal agreement.

(2) The Secretary of State must lay a report before Parliament detailing how implementing the withdrawal agreement will be achieved through primary legislation.

(3) For the purposes of subsection (1) and (2), “implementing the withdrawal agreement” may include any necessary provision for a transitional period after the exit day appointed for section 1 of this Act.

(4) For the purposes of subsection (1) and (2), “implementing the withdrawal agreement” must include any necessary provision to ensure that any citizens of any EU Member State who are lawfully resident in the UK on any day before exit day can continue to be lawfully resident after exit day on terms no less favorable than they currently enjoy.”

This new clause is intended to ensure that primary legislation is used to implement the withdrawal agreement, including maintaining EU citizens’ rights.

Amendment 7, in clause 9, page 6, line 45, at end insert

“, subject to the prior enactment of a statute by Parliament approving the final terms of withdrawal of the United Kingdom from the European Union.”

To require the final deal with the EU to be approved by statute passed by Parliament.

Amendment 355, page 6, line 45, at end insert “, subject to—

(a) the prior enactment of a statute by Parliament, and

(b) an affirmative resolution passed by the National Assembly for Wales, the Scottish Parliament and the Northern Ireland Assembly, approving the final terms of withdrawal of the United Kingdom from the European Union.”

This amendment would require the final deal with the EU to be approved by statute passed by both Parliament and by the devolved administrations.

Amendment 361, page 7, line 2, at end insert—

“( ) Regulations under this section may, notwithstanding sections 1 and 5(1), make provision to replicate, for such an implementation period as is provided for in the withdrawal agreement, any aspect of the operation of EU law in the United Kingdom.”

The amendment would make clear that aspects of EU membership, such as the automatic effect of EU law and enforcement and adjudication mechanisms, can be maintained for an implementation period if the Government agrees to do so as part of the withdrawal agreement.

Amendment 142, page 7, line 8, at end insert—

“(e) remove, reduce or otherwise amend the rights of any citizen of an EU Member State who was lawfully resident in the UK on any day before 30 March 2019.”

This amendment seeks to protect the existing rights of EU citizens living in the UK.

Amendment 47, page 7, line 8, at end insert—

“(3A) No regulations may be made under this section unless the terms of the withdrawal agreement have been approved by both Houses of Parliament.”

Amendment 196, page 7, line 8, at end insert—

“(3A) No regulations may be made under this section until a Minister of the Crown has submitted a formal request to the President of the European Council that the UK should continue to be a member of the European Union’s Political and Security Committee after exit day.”

Amendment 197, page 7, line 8, at end insert—

“(3A) No regulations may be made under this section until a Minister of the Crown has submitted a formal request to the President of the European Council that the UK should continue to be a signatory to all agreements signed through the European Union’s Common Foreign and Security Policy.”

Amendment 198, page 7, line 8, at end insert—

“(3A) No regulations may be made under this section until a Minister of the Crown has submitted a formal request to the President of the European Council that the UK should continue to be a member of the European Union’s Foreign Affairs Council.”

Amendment 199, page 7, line 8, at end insert—

“(3A) No regulations may be made under this section until a Minister of the Crown has submitted a formal request to the President of the European Council that the UK should continue to be a member of the European Bank for Reconstruction and Development.”

Amendment 227, page 7, line 8, at end insert—

“(3A) No regulations may be made under this section until the Chancellor of the Exchequer has laid before Parliament an assessment of the impact of the UK leaving the EU single market on the forecast to the UK’s public finances.”

This amendment would require publication of a Government assessment of the impact of the United Kingdom exiting the EU single market on the UK public finances, before any regulations are made under section 9.

Amendment 228, page 7, line 8, at end insert—

“(3A) No regulations may be made under this section until the Chancellor of the Exchequer has laid before Parliament an assessment of the impact of exiting the EU single market on levels of GDP growth.

(3B) Any assessment under subsection (3A) shall set out an assessment of the impact of exiting the EU single market on levels of GDP growth in—

(a) Scotland,

(b) Northern Ireland,

(c) England, and

(d) Wales.”

This amendment would require publication of a Government assessment of the impact of the United Kingdom exiting the EU single market on the levels of GDP growth in the UK and in each part of the UK, before any regulations are made under section 9.

Amendment 229, page 7, line 8, at end insert—

“(3A) No regulations may be made under this section until the Chancellor of the Exchequer has laid before Parliament an assessment of the impact of ending freedom of movement on the UK’s public finances.”

This amendment would require publication of a Government assessment of the impact of the United Kingdom ending freedom of movement on the UK’s public finances, before any regulations are made under section 9.

Amendment 230, page 7, line 8, at end insert—

“(3A) No regulations may be made under this section until the Chancellor of the Exchequer has laid before Parliament an assessment of the broadened responsibilities of the UK Treasury following the UK’s withdrawal from the EU.”

This amendment would require publication of a Government assessment of the broadened responsibilities of the UK Treasury following the UK’s withdrawal from the EU, before any regulations are made under section 9.

Amendment 300, page 7, line 8, at end insert—

“(3A) No regulations may be made under this section until—

(a) the Government has laid before Parliament a strategy for maintaining those protections, safeguards, programmes for participation in nuclear research and development, and trading or other arrangements which will lapse as a result of the UK’s withdrawal from membership of, and participation in, the European Atomic Energy Community (Euratom), and

(b) the strategy has been approved by both Houses of Parliament.”

This amendment would prevent the Government using any delegated powers under Clause 9 until it had secured Parliamentary approval for its proposals to replace any provisions that cease to apply as a result of the UK’s withdrawal from membership of Euratom.

Amendment 55, page 7, line 9, at end insert

“or until the withdrawal agreement has been published and legislation proposed in the 2017 Gracious Speech in relation to customs, trade, immigration, fisheries, agriculture, nuclear safeguards and international sanctions has been published.”

This amendment would ensure that powers to Ministers to make regulations implementing the withdrawal agreement cannot be exercised until such time as the withdrawal agreement has been published along with the publication of associated legislative proposals on customs, trade, immigration, fisheries, agriculture, nuclear safeguards and international sanctions.

Amendment 19, page 7, line 9, at end insert—

“(5) Regulations under this section will lapse two years after exit day.”

Although the power conferred by this clause lapses on exit day, there is no sunset clause for the statutory instruments provided under it. This would make all such statutory instruments lapse two years after exit day and require the Government to introduce primary legislation if it wanted to keep them in force.

Amendment 74, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has signed an agreement with the EU guaranteeing that the UK will remain a permanent member of the EU Single Market.”

Amendment 75, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has signed an agreement with the EU guaranteeing that the UK will remain a permanent member of the EU Customs Union.”

Amendment 116, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until such time as the terms of the withdrawal agreement have been approved by a Ratification Referendum, giving voters the options of supporting the terms of the withdrawal agreement, or remaining in the EU.”

This amendment seeks to ensure that Ministers cannot make and use secondary legislation for the purposes of implementing the withdrawal agreement until such time as that agreement has been approved by a Ratification Referendum.

Amendment 143, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until such time as the Government has signed an agreement with the EU that maintains and guarantees the existing rights of EU citizens living in the UK, and UK citizens living elsewhere in the EU, as of 29 March 2019.”

This amendment seeks to protect the existing rights of both EU citizens living in the UK, and UK citizens living elsewhere in the EU.

Amendment 156, page 7, line 9, at end insert—

“(5) No regulations may be made under this section unless the requirement in section [Status of Irish citizens in the United Kingdom] has been satisfied.”

Amendment 224, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid before Parliament a strategy for the UK to retain access to the EU’s Emissions Trading System markets after withdrawal from the EU.”

This amendment would require the Secretary of State to publish a strategy to retain access to the EU’s Emissions Trading System markets after withdrawal.

Amendment 225, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid before Parliament a strategy for the UK’s continued participation in the North Seas Countries’ Offshore Grid Initiative after withdrawal from the EU.”

This amendment would require the Secretary of State to set out a strategy for the UK to continue participation in the North Seas Countries’ Offshore Grid Initiative after withdrawal from the EU.”

Amendment 231, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Chancellor of the Exchequer has published a statement setting out a strategy for retaining access to the European Investment Bank.”

This amendment would require the Government to publish a strategy for retaining access to the European Investment Bank.

Amendment 232, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Chancellor of the Exchequer has published a statement setting out a strategy for retaining membership of the European Investment Fund.”

This amendment would require the Government to publish a strategy for retaining access to the European Investment Fund.

Amendment 238, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid a report before Parliament setting out a strategy for seeking the maintenance of UK membership of the European Food Safety Authority on existing terms after withdrawal from the EU.”

This amendment would require the Government to publish a strategy for continuing to be a member of the European Food Safety Authority.

Amendment 241, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid a report before Parliament setting out a strategy for seeking the preservation of reciprocal healthcare agreements on existing terms as under social security coordination regulations 883/2004 and 987/2009 after the UK’s withdrawal from the EU.

(6) Any changes to regulations in subsection (5) shall only be made after—

(a) the House of Commons has passed a resolution approving changes to regulations mentioned in subsection (5),

(b) the Scottish Parliament has passed a resolution approving changes to regulations mentioned in subsection (5),

(c) the National Assembly of Wales has passed a resolution approving changes to regulations mentioned in subsection (5), and

(d) the Northern Ireland Assembly has passed a resolution approving changes to regulations mentioned in subsection (5).”

This amendment would require the Secretary of State to publish a strategy for seeking to ensure that reciprocal healthcare arrangements continue after the UK leaves the EU.

Amendment 242, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid a report before Parliament setting out a strategy for seeking to maintain UK membership of the European Medicines Agency on existing terms after withdrawal from the EU.”

This amendment would require the Government to publish a strategy for continuing to be a member of the European Medicines Agency.

Amendment 243, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid a report before Parliament setting out a strategy for seeking to maintain UK membership of the European Agency for Safety and Health at Work after withdrawal from the EU.”

This amendment would require the Government to publish a strategy for continuing to be a member of the European Agency for Safety and Health at Work.

Amendment 244, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid a report before Parliament setting out a strategy for seeking to maintain UK membership of the European Chemicals Agency after withdrawal from the EU.”

This amendment would require the Government to publish a strategy for continuing to be a member of the European Chemicals Agency.

Amendment 245, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid a report before Parliament setting out a strategy for seeking to maintain UK membership of the European Single Sky Agreement on existing terms after withdrawal from the EU.”

This amendment would require the Government to publish a strategy for continuing to be a member of the European Single Sky Agreement.

Amendment 246, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid a report before Parliament setting out a strategy for seeking to maintain UK membership of the European Aviation Safety Agency on existing terms after withdrawal from the EU.”

This amendment would require the Government to set out a strategy for seeking to ensure that the UK continues to be a member of the European Aviation Safety Agency after withdrawal from the EU.

Amendment 247, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid a report before Parliament setting out a strategy for seeking to retain UK membership of the European Maritime Safety Agency on existing terms after withdrawal from the EU.”

This amendment would require the Secretary of State to set out a strategy for seeking to ensure that the UK continues to be a member of the European Maritime Safety Agency after withdrawal from the EU.

Amendment 248, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid a report before Parliament setting out a strategy for seeking to retain UK membership of ERASMUS on existing terms after withdrawal from the EU.”

This amendment would require the Secretary of State to set out a strategy for seeking to ensure that the UK continued to be a member of the ERASMUS scheme after withdrawal from the EU.

Amendment 249, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid a report before Parliament setting out a strategy for seeking to maintain access for the UK to reciprocal roaming charge agreements on existing terms as under Regulation 2017/920, after withdrawal from the EU.”

This amendment would seek to ensure that roaming charges do not come into effect after exit day for UK citizens in the EU and vice versa.

Amendment 250, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid a report before Parliament setting out a strategy for seeking to retain UK membership of Creative Europe on existing terms after withdrawal from the EU.”

This amendment would require the Secretary of State to set out a strategy for seeking to ensure that the UK continued to be a member of Creative Europe after withdrawal from the EU.

Amendment 251, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has made a formal request to President of the European Council that the UK continues membership of the European Union Agency for Fundamental Rights after withdrawal from the EU.”

This amendment would require the UK to make a request to the President of the European Council for continued UK membership of the European Agency for Fundamental Rights after withdrawal from the EU.

Amendment 252, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has published a strategy for reaching an agreement with the EU to enable the UK to have continued access to Passenger Name Records after withdrawal from the EU.”

This amendment would require the Secretary of State to set out a strategy for seeking to ensure that the UK continued to have access to Passenger Name Records after withdrawal from the EU.

Amendment 253, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid before Parliament a strategy for reaching agreement with the EU to enable the UK to continue to have access to the Schengen Information System after withdrawal from the EU.”

This amendment would require the Secretary of State to set out a strategy for reaching agreement with the EU to enable the UK to continue to have access to the Schengen Information System after withdrawal from the EU.

Amendment 254, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid before Parliament a strategy for reaching agreement with the EU to enable the UK to continue to have continued access to the European Arrest Warrant.”

This amendment would require the Secretary of State to set out a strategy for reaching agreement with the EU to enable the UK to continue to have access to the European Arrest Warrant after withdrawal from the EU.

Amendment 255, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid before Parliament a strategy for reaching agreement with the EU to enable the UK to continue to have membership of EUROPOL.”

This amendment would require the Secretary of State to set out a strategy for reaching agreement with the EU to enable the UK to continue to have membership of EUROPOL after withdrawal from the EU.

Amendment 256, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid before Parliament a strategy for reaching agreement with the EU to enable the UK to continue to have membership of EUROJUST.”

This amendment would require the Secretary of State to set out a strategy for reaching agreement with the EU to enable the UK to continue to have membership of EUROJUST after withdrawal from the EU.

Amendment 257, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid before Parliament a strategy for reaching agreement with the EU to enable the UK to continue to have access to the European Criminal Records Information system with the EU.”

This amendment would require the Secretary of State to set out a strategy for reaching agreement with the EU to enable the UK to continue to have access to the European Criminal Records Information system with the EU after withdrawal from the EU.

Amendment 258, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid before Parliament a strategy for reaching agreement with the EU to enable the UK to continue to have access to the Prüm Council decisions relating to fingerprint and DNA exchange with the EU.”

This amendment would require the Secretary of State to set out a strategy for reaching agreement with the EU to enable the UK to continue to have access to the Prüm Council decisions relating to fingerprint and DNA exchange with the EU, after withdrawal from the EU.

Amendment 259, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid before Parliament a strategy for reaching agreement with the EU to enable the UK to continue to have access to the False and Authentic Documents Online (“FADO”) internet-based image archiving system.”

This amendment would require the Secretary of State to set out a strategy for reaching agreement with the EU to enable the UK to continue to have access to the False and Authentic Documents Online (“FADO”) internet-based image archiving system after withdrawal from the EU.

Amendment 260, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid before Parliament a strategy for reaching agreement with the EU to enable the UK to continue to participate in the Convention on Mutual Assistance and Cooperation between Customs Administrations of 1997 (“Naples II Convention”).”

This amendment would require the Secretary of State to set out a strategy for reaching agreement with the EU to enable the UK to continue to participate in the Convention on Mutual Assistance and Cooperation between Customs Administrations of 1997 (“Naples II Convention”), after withdrawal from the EU.

Amendment 261, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid before Parliament a strategy for reaching agreement with the EU to enable the UK to continue to have access to the EU Intelligence Analysis Centre.”

This amendment would require the Secretary of State to set out a strategy for reaching agreement with the EU to enable the UK to continue to have access to the EU Intelligence Analysis Centre after withdrawal from the EU.

Amendment 262, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid a report before both Houses of Parliament setting out a strategy for ensuring that lawyers registered to practise in England, Wales, Northern Ireland and Scotland shall not lose their right of audience at the European Court after the UK’s withdrawal from the EU.”

This amendment would require the Secretary of State to set out a strategy for reaching agreement with the EU to enable British-registered lawyers to continue to appear before the Court of Justice of the European Union, after withdrawal from the EU.

Amendment 263, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid a report before both Houses of Parliament setting out a strategy for ensuring that lawyers from England, Wales, Northern Ireland and Scotland shall not lose their status of legal profession privilege concerning communications with regard to proceedings before the European Court, after the UK’s withdrawal from the EU.”

This amendment would require the Secretary of State to set out a strategy for reaching agreement with the EU to ensure that communications from British-registered lawyers with regard to proceedings before the European Court continue to be covered by legal profession privilege, after withdrawal from the EU.

Amendment 275, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid before both Houses of Parliament an agreement with the Scottish Government for the freedom of movement of EU citizens in Scotland to continue after exit day.”

This amendment would facilitate the continuance of free movement in and out of Scotland after exit day.

Amendment 276, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid a report before both Houses of Parliament setting out a strategy for continued participation by the United Kingdom in the common European Asylum System.”

This amendment would require the Secretary of State to set out a strategy for continued participation by the United Kingdom in the common European Asylum System, after withdrawal from the EU.

Amendment 343, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid before Parliament a strategy for a food standards framework after withdrawal from the EU.”

This amendment would require the Secretary of State to set out a strategy for a food standards framework after withdrawal from the EU, before making any regulations implementing the withdrawal agreement.

Amendment 351, page 7, line 9, at end insert—

“(5) No regulations may be made under this section until the Secretary of State has laid a report before Parliament setting out plans that seek to secure continued clinical trials agreements as under EU Regulation 536/2014 after the UK’s withdrawal from the EU.”

This amendment would ensure harmonisation of clinical trials across the EU Member States will continue in the UK after the UK leaves the EU.

Clause 9 stand part.

New clause 7—Consultation—

“The Government shall follow the principles set out in the Cabinet Office Code of Practice in respect of public consultation in advance of regulations being made under powers granted by this Act.”

This new clause would commit Ministers to abiding by the existing Cabinet Office code of practice on consultations in respect of regulations to be made under the Bill.

New clause 12—Social, employment and environmental protection—

“Any rights, protections, liabilities, obligations, powers, remedies and procedures which exist immediately before exit day in the fields of—

(a) social and employment law, and

(b) environmental law

will not be amended through any regulations made to deal with deficiencies or withdrawal unless approved by a resolution of each House of Parliament or by Act of Parliament”

This new Clause would ensure that social, employment and environmental laws cannot be changed by the order-making powers delegated to Ministers without a vote in Parliament.

New clause 57—Citizens’ Jury on Brexit Negotiations—

“(1) A citizens’ jury shall be established to enable UK citizens to be consulted on the progress of negotiations between the UK and the EU on the withdrawal of the UK from the EU, and the approach outlined in UK Government White Papers.

(2) The citizens’ jury shall in total be composed of exactly 1501 persons.

(3) Members of the citizens’ jury shall be randomly selected by means of eligibility from UK citizens on the current electoral register as registered on the date of this Act receiving Royal Assent, with allocation across the nine UK Government Regions, Scotland, Wales and Northern Ireland weighted by population, and a stratification plan, with the aim of securing a group of people who are broadly representative demographically of the UK electorate across characteristics including whether they voted Leave or Remain.

(4) The jury will be broken down into individual sittings for each of the nine UK Government Regions in England, as well as Scotland, Wales and Northern Ireland.

(5) The sittings will be for no more than 72 hours at a time, facilitated by independent facilitators, and if required, by electing fore-people from within their number.

(6) Membership of the jury will be subject to the same regulations and exceptions as a regular jury, but membership can be declined without penalty.

(7) The citizens’ jury will be able to require Ministerial and official representatives of the UK Government and the Devolved Administrations to give testimony to them to inform their work, and to have the power to invite other witnesses to give evidence as required.

(8) The citizens’ jury shall publish reports setting out their conclusions on the negotiations and UK Government White Papers.

(9) The first report from the citizens’ jury shall be published within two months of this Act receiving Royal Assent, and subsequent reports shall be published at intervals of no more than two months.

(10) Costs incurred by the citizens’ jury shall be met by the Exchequer.”

Clause 16 stand part.

Amendment 226, in schedule 7, page 39, line 29, at end insert—

“(g) makes changes to the application of the 2012 Energy Efficiency Directive in the UK.”

This amendment would make any changes to the application of the 2012 Energy Efficiency Directive in the UK subject to approval by resolution of each House of Parliament.

Amendment 235, page 39, line 29, at end insert—

“(g) makes changes to EU-derived domestic legislation concerning the rights of workers in the UK.”

This amendment would require that the rights of workers currently afforded by EU law that are being transposed into UK law can be changed only through affirmative procedure.

Amendment 236, page 39, line 29, at end insert—

“(g) makes changes to EU-derived domestic legislation concerning rights for disabled people in the UK.”

This amendment would require that the rights of disabled people currently afforded by EU law that are being transposed into UK law can be changed only through affirmative procedure.

Amendment 237, page 39, line 29, at end insert—

“(g) makes changes to EU-derived domestic legislation concerning annual leave rights,

(h) makes changes to EU-derived domestic legislation concerning agency worker rights,

(i) makes changes to EU-derived domestic legislation concerning part-time worker rights,

(j) makes changes to EU-derived domestic legislation concerning fixed-term worker rights,

(k) makes changes to EU-derived domestic legislation concerning work-based health and safety obligations,

(l) makes changes to EU-derived legislation concerning state-guaranteed payments upon an employer’s insolvency,

(m) makes changes to EU-derived domestic legislation concerning collective redundancy rights,

(n) makes changes to EU-derived domestic legislation concerning terms and conditions of employment rights,

(o) makes changes to EU-derived domestic legislation concerning posted worker rights,

(p) makes changes to EU-derived domestic legislation concerning paternity, maternity and parental leave rights,

(q) makes changes to EU-derived domestic legislation concerning protection of employment upon the transfer of a business, or

(r) makes changes to EU-derived domestic legislation concerning anti-discrimination.”

This amendment would list areas regarding workers’ rights where changes to EU-derived law could be made only through affirmative procedure.

Amendment 293, page 39, line 33, at end insert—

“(3A) Regulations appointing any exit day may not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.”

This amendment would require regulations appointing an exit day to be subject to the affirmative procedure.

Amendment 328, page 39, line 42, leave out sub-paragraphs (6) and (7).

This amendment, and Amendments 329 and 331, would remove provisions in the Bill that prescribe scrutiny procedures for the National Assembly for Wales. These amendments, coupled with Amendment 330, would allow the National Assembly for Wales to set the scrutiny procedures it considers appropriate for the control of powers proposed for the Welsh Ministers under the Bill.

Amendment 329, page 41, line 15, leave out sub-paragraphs (10) and (11).

This amendment, and Amendments 328 and 331, would remove provisions in the Bill that prescribe scrutiny procedures for the National Assembly for Wales. These amendments, coupled with Amendment 330, would allow the National Assembly for Wales to set the scrutiny procedures it considers appropriate for the control of powers proposed for the Welsh Ministers under the Bill.

Amendment 155, page 42, line 17, at end insert—

“(3A) A Minister cannot make a declaration under sub-paragraph (2) unless they have satisfied themselves that they have sufficiently consulted—

(a) relevant public authorities,

(b) businesses,

(c) people, and

(d) other organisations

   who are likely to be affected by the instrument.”

This amendment would require that, when using the urgent cases provision in the Bill, the Minister must first consult with businesses and other relevant organisations.

Amendment 154, page 42, line 31, at end insert—

“(7) For the purposes of this paragraph “urgent” has the same meaning as “emergency” in Section 1 of the Civil Contingencies Act 2004.”

This amendment would limit the circumstances in which Ministers can use procedures for urgent cases to circumstances in which there is a serious threat of damage to human welfare, the environment or the security of the United Kingdom.

Amendment 51, page 43, line 26, leave out paragraph 6

This amendment is linked to New Clause 3 to require the Government to implement the withdrawal agreement through separate primary and secondary legislation rather than through this Bill.

Amendment 294, page 44, line 37, after “section 17(5)” insert “, other than regulations to appoint an exit day,”

Consequential to amendment 293.

Amendment 295, page 45, line 5, after “section 17(5)” insert “, other than regulations to appoint an exit day,”

Consequential to amendment 293.

Amendment 344, page 45, line 11, at end insert—

The intention of this amendment is that tertiary legislation under the Act should be subject to the same parliamentary control and time-limits as are applicable to secondary legislation.

Amendment 58, page 45, line 23, leave out “urgency” and insert “emergency”

This amendment would remove the wider latitude currently allowing Ministers to make regulations without Parliamentary approval “by reason of urgency” and instead only allow such executive action “by reason of emergency”. An emergency is a situation that poses an immediate risk to human health, life, property, or environment.

Amendment 330, page 45, line 40, at end insert—

“Scrutiny of regulations made by Welsh Ministers

11A (1) A statutory instrument containing regulations under this Act of the Welsh Ministers must be made in accordance with the procedures from time to time set out in the Standing Orders of the National Assembly for Wales for the scrutiny of regulations under this Act.

(2) Sub-paragraph (1) applies to statutory instruments made by the Welsh Ministers acting alone and to statutory instruments made by the Welsh Ministers acting jointly with a Minister of the Crown.

(3) The Standing Orders of the National Assembly for Wales may set out different procedures for the making of different statutory instruments or for different categories of statutory instruments under this Act and, for the avoidance of doubt, may empower the Assembly or a committee of the Assembly to decide which of those procedures is to apply to an instrument or category of instruments.

(4) For the purposes of section 11A of the Statutory Instruments Act 1946, and any other provisions of that Act referred to in that section, the provisions set out from time to time in the Standing Orders of the National Assembly for Wales for the scrutiny of regulations under this Act shall be deemed to be provisions of an Act.”

This amendment would allow the National Assembly for Wales to set the scrutiny procedures it considers appropriate for the control of powers proposed for the Welsh Ministers under the Bill.

Amendment 301, page 46, line 18, at end insert—

“12A Any power to make regulations under this Act may not be exercised by a Minister of the Crown until 14 days after the Minister has circulated a draft of the regulations to the citizens’ jury appointed under section [Citizens’ jury on Brexit negotiations].”

The intention of this amendment is to provide for a citizens’ jury to be consulted before regulations are made under this Act.

Amendment 223, page 46, line 29, at end insert—

“14A Any power to make regulations in this Act relating to the oil and gas sector may not be made without—

(a) consultation, and

(b) an impact assessment, a copy of which must be laid before Parliament.”

This amendment would require consultation and an impact assessment before legislation affecting the relating to the oil and gas sector is changed by regulations made under the Act.

Amendment 331, page 48, line 14, leave out sub-paragraph (4).

This amendment, and Amendments 328 and 329, would remove provisions in the Bill that prescribe scrutiny procedures for the National Assembly for Wales. These amendments, coupled with Amendment 330, would allow the National Assembly for Wales to set the scrutiny procedures it considers appropriate for the control of powers proposed for the Welsh Ministers under the Bill.

That schedule 7 be the Seventh schedule to the Bill.

Amendment 29, in clause 17, page 13, line 34, leave out subsections (1) to (3)

This amendment would remove a widely drawn delegated power, which covers anything that happens as a consequence of the Act.

Amendment 99, page 14, line 13, at end insert—

“(8) Regulations under this section may not limit the scope or weaken standards of environmental protection.”

This amendment ensures that the power to make regulations in Clause 17 may not be exercised to reduce environmental protection.

Amendment 100, page 14, line 13, at end insert—

“(8) No regulations may be made under this section after the end of the period of two years beginning with exit day.”

This amendment imposes the same restriction on the regulation making powers under Clause 17 as applies to other regulation powers in the Bill.

Amendment 296, page 14, line 13, at end insert—

“(8) No regulations may be made under this section after the end of the period of two years beginning with exit day.

(9) Regulations made under this section may not amend or repeal retained EU law.”

This amendment would place restrictions on the power to make consequential and transitional provision.

Clause 17 stand part.

[Yvette Cooper]

I rise to speak to new clause 3, which has cross-party support, but also amendment 7, which does something similar to my new clause, albeit, I confess, in a rather more elegant way. I defer to the drafting powers of the former Attorney General in drafting his amendment.

This, on day seven in Committee, is really where we get to the crunch on this Bill. There are two big anxieties about the content of the Bill that finally come clashing together in clause 9. The first is the sweeping use of secondary legislation through Henry VIII powers, which, regardless of one’s views on the overall legislation, have caused some unease in all parts of the House because of the way in which they concentrate power in the hands of the Executive and cut deep into our historic role in Parliament to hold the Executive to account. The second anxiety is about getting the final Brexit deal right and about making sure that Parliament has a real, meaningful say on the deal, which will define our country for generations, and that we decide together what “taking back control” should mean.

Clause 9 is where those two anxieties come crashing together, because it allows a huge concentration of power in the hands of the Executive, and it does so over the final withdrawal agreement on the outcome of Brexit. Notwithstanding the commitments that the Prime Minister has made today and the written statement that we have seen, the reality is that clause 9 would allow Ministers to start to implement a withdrawal agreement entirely through secondary legislation and to do so even before Parliament has endorsed the withdrawal agreement.

[Mr John Baron (Basildon and Billericay) (Con)]

Many of us hear what the right hon. Lady says about the Henry VIII clauses and the power grab, but does she not accept that the quid pro quo of that is that, while many in this House were quite happy for the EU to conduct a power grab, they seem less trusting of their own Government when it comes to these clauses?

[Yvette Cooper]

The hon. Gentleman makes an important point about parliamentary sovereignty, which was indeed a key issue that was debated in the referendum. In fact, many people argued in the referendum that what they were doing was bringing sovereignty back here, from having shared sovereignty with the EU. I do not think we are arguing that sovereignty should be handed over in a concentrated way to a small group of Ministers instead. That is the responsibility on us. We know that of course there are times when Parliament needs to give Ministers power on our behalf to use through secondary legislation, but we should do so cautiously and sensibly and make sure that the right safeguards are in place. That is the problem with the Henry VIII powers in this Bill, and not just in clause 9 but in clause 7. The challenge, too, is that we are being asked to do that on an issue that will define our country for generations. Each and every one of us will be judged on what we did in this place to get that Brexit deal right.

[Sir Oliver Heald (North East Hertfordshire) (Con)]

Does the right hon. Lady agree that it is most welcome that, since my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) tabled his amendment 7, it has been agreed that there does need to be an Act of Parliament? Is not the weakness of clause 9 that there is still no trigger requiring the consent of Parliament to the withdrawal agreement before the regulations can be laid and used?

[Yvette Cooper]

The right hon. and learned Gentleman is exactly right, and that is why we have a cross-party interest in these issues. Not only is there no trigger on the face of the Bill—clause 9 will still allow Ministers this huge concentrated power to go ahead and implement the withdrawal agreement without Parliament’s agreement—but there is also a second difference, certainly for me in what Ministers have set out so far, about how a meaningful vote should take place. I want to come on to that as well.

New clause 3 says that Parliament will not yet give the Government permission to use secondary legislation to implement the withdrawal agreement, and that instead the Government must set out their plans for primary legislation to implement the withdrawal agreement. If secondary legislation is needed at that time, as part of the implementation process, those powers should be taken in the withdrawal agreement Bill—the second Bill—so that Parliament is not just handing over a blank cheque, but is deciding what powers are needed and making sure that the proper scrutiny and checks and balances are in place at that time.

I do not think this is really a controversial proposal. It is basically saying that Parliament should hand over no more power to the Executive than it needs to and should not hand over power to the Executive until it needs to and until it knows what is going on. New clause 3 also has the effect of requiring a meaningful vote in primary legislation on the withdrawal agreement before it can be implemented. That is not really a controversial proposal either. It simply says that we should have a proper vote on the most important thing to pass through Parliament in a generation—and a meaningful vote in primary legislation, as is fitting for something so important—and that we should do so before and not after we give Government the powers to start implementing it.

Amendment 7, which was tabled by the right hon. and learned Member for Beaconsfield (Mr Grieve), has broadly the same effect. Rather than removing the powers from clause 9, it simply says that they cannot be used until a statute or primary legislation has been passed supporting the withdrawal agreement. Again, that means that Parliament does not blindly hand over powers to the Executive in a trusting way without knowing what the consequences will be or what the agreement looks like.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

The whole point of this Bill is that it is taking back power to this country and this Parliament, so that we can decide for ourselves what will happen. All the significant powers in the Bill are subject to the affirmative resolution and those that are not will now be subject to a sifting committee. We are recovering from a situation where, as members of the European Union, we had handed over all these decisions, lock, stock and barrel, to the European Union, so the Bill is a massive improvement, and to dress up this attempt to reverse Brexit as an argument in favour of parliamentary sovereignty is nothing but cant.

[Yvette Cooper]

Oh my, what Stalinism is this?—that any attempt to disagree with the way in which this Bill is drawn up is somehow a betrayal of Brexit! What rubbish! How insecure are Members who object to any changes in the Bill, if they cannot see that it is Parliament’s job—a job that they argued for when they stood up and tried to defend parliamentary sovereignty—to take some responsibility by scrutinising legislation and proposing amendments to it? That is all we are doing now. We are putting forward an amendment to the way in which the Brexit process—the withdrawal process—should take place. The idea that this somehow undermines the referendum decision is just a load of rubbish and the hon. Gentleman well knows it, and if he had any better arguments, he would put them, rather than using something that is so ridiculous.

[Chuka Umunna (Streatham) (Lab)]

The argument that we have heard from the right hon. and learned Member for North East Hertfordshire (Sir Oliver Heald) and the hon. Member for Harwich and North Essex (Mr Jenkin) is really quite ludicrous. They opposed what they described as a power grab by Brussels—by the European Union—while we were members of the European Union. They now seem to be advocating a power grab by the Executive, although they said that they wanted to take back control for the legislature of this country. If taking back control does not mean taking back control for the legislature, why on earth did we have the referendum in the first place?

[Yvette Cooper]

My hon. Friend is exactly right. Let me say to the Conservative Members who seem to be suddenly so keen to give away powers from Parliament to the Executive, that part of our historic tradition has always been our objection to concentrations of power, and indeed our relationship with the EU was a sharing of power rather than a concentration of power. I realise that people objected to that, and this debate is not a rerun of the referendum; it is about how we implement the referendum result. However, it is also—or should be—about Parliament having the confidence to say, “We do not believe in concentrations of power, and we think that each and every one of us has a responsibility to do what we, as elected parliamentarians, think is right, and get the best Brexit deal for the country.”

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

The power that the Executive will have in making regulations under the clause will be subject to Parliament, because secondary legislation comes to Parliament. These regulations are of a different order of magnitude from regulations made by the European Union, which can be made by qualified majority vote against the will of the British Government and are automatically British law. So this is, in fact, restoring parliamentary oversight to the making of laws.

[Yvette Cooper]

The hon. Gentleman has himself been a strong advocate of the responsibilities and powers of Parliament, but it does not take long for him to become completely lost down a sidetrack and start talking about what our relationship with the EU has been for very many years. The point is that this process is about how that relationship will change. We know that it is due to change as a result of the referendum and the article 50 negotiations, but the responsibility for all of us is to determine how it should change. The hon. Gentleman knows as well as I do, and as well as every other Member in the House, that the giving of powers in secondary legislation concentrates powers in the hands of Ministers, and does not receive the same scrutiny. Furthermore, this is not just about the concentration of power through clause 9; it is also about the process through which the Government want to make the decisions on the withdrawal agreement in order to trigger clause 9.

[Anna Soubry (Broxtowe) (Con)]

Will the right hon. Lady give way?

[Yvette Cooper]

I will, but then I want to make some more progress.

[Anna Soubry]

I assume that the right hon. Lady has read clause 9. Does she share my concern about the fact that some people seem not to have done so? Am I right to conclude that the clause means that the Government negotiate a withdrawal agreement—arguably one of the most important things that have happened for decades—which will not come to us here, but will be implemented by Ministers? As the Bill stands, that is it: apparently there will be no further involvement of this sovereign Parliament.

[Yvette Cooper]

I do agree, and I think that goes to the heart of our concern.

It ought to be possible for the Government to agree to my new clause 3, or to amendment 7. Let us think about the points that they have already made. First, they have recognised that there is a problem if too much power is concentrated in the hands of the Executive. They said so yesterday during the debate on clause 7, and I think that they recognise the importance of safeguards on the use of Executive powers. Secondly, they have said that there will be a meaningful vote on the withdrawal agreement. I welcome that, but I think there is still a difference between us on what counts as a meaningful vote. Thirdly, they have said that there will now be primary legislation on the withdrawal agreement, and I welcome that as well. If we put all those three things together in the right way—the commitment to primary legislation, the commitment to a proper vote and say for Parliament, and concern about the concentration of powers—we get amendment 7 or new clause 3. It is the same thing.

[Sir Oliver Heald]

Following the point made by my right hon. Friend the Member for Broxtowe (Anna Soubry), may I ask whether the right hon. Lady agrees that the statutory instruments that we are discussing relate to matters of constitutional significance—matters of the sort that we normally only debate on the Floor of the House? It would be wrong for those matters to be dealt with in Committee when the House has not necessarily even agreed to the withdrawal agreement.

[Yvette Cooper]

The right hon. and learned Gentleman is absolutely right. This is not the Legislative and Regulatory Reform Act 2006, which was all about minor and detailed changes and consolidating legislation through secondary legislation—or that, at least, was its intention. As the right hon. and learned Gentleman says, this is about hugely constitutionally significant legislation and changes that will affect the course of events in this country for generations.

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

The right hon. Lady mentioned the different definitions of a “meaningful vote”. Does she agree that a vote that took place at a point at which, for instance, Parliament could not say to the Government, “What you have negotiated is not acceptable” would not constitute a meaningful vote?

[Yvette Cooper]

The right hon. Gentleman is exactly right. The timing of the vote matters, but so does its constitutional status. That is why I think it immensely important for this to be a statutory vote.

Let me explain why the Government’s words and the Prime Minister’s words—in the written ministerial statement, in various letters and so on—are not enough, and why we need to vote on either amendment 7 or my new clause 3. First, the Government’s unwillingness to put their promises on the face of the Bill is a problem. Parliament needs commitments in legislation before we can give the Executive such strong powers—such constitutional powers—and we need that commitment on the face of the Bill before and not after we do so. Secondly, there is still a difference between us on what counts as a meaningful vote. Without either new clause 3 or amendment 7, it would still be possible for Ministers to offer only a vote on a motion on the withdrawal agreement, and that indeed is the Prime Minister’s intention. The written ministerial statement published this morning says:

“This vote will take the form of a resolution in both Houses of Parliament and will cover both the Withdrawal Agreement and the terms for our future relationship.”

[Antoinette Sandbach (Eddisbury) (Con)]

Does the right hon. Lady share my concern about the fact that the vote on the motion of both Houses will come after the ratification of the treaty, and the fact that this House has no power or ability to change treaty terms under the ratification, which renders any vote on the motion meaningless?

--- Later in debate ---

[Yvette Cooper]

I think the hon. Lady is right. The Minister will be able to clarify this later, but I think it is a key point that the vote on the primary legislation— on the implementation of the Bill—will not happen until after the treaty has been ratified. I think that there is still some confusion about whether the vote on a motion, or a resolution, will happen before or after the ratification of the treaty, but the main point I want to make about the weakness of trying to do this simply through a resolution is that it is the primary legislation that counts, and it is clear from what the Minister has said, and what has been said in the written ministerial statement, that the primary legislation vote, the statutory vote, will not happen until after the ratification and the whole legal process have been completed.

[The Minister of State, Ministry of Justice (Dominic Raab)]

The written ministerial statement makes it very clear that the meaningful vote will come after the negotiations have been concluded, but before ratification. That is precisely why it was published today.

[Yvette Cooper]

I think that there is a big difference between us on the word “meaningful”. I shall be happy to give way to the Minister again, but I think that he should clarify the position, and confirm that the only vote that we will have before the ratification of the treaty is a vote on a motion.

We are talking about a “take it or leave it” deal, and about a “take it or leave it” vote on the completed deal. That is the only thing that is there, even in the written ministerial statement; and there is no guarantee in the legislation, by the way. The Minister is not proposing to put that on the face of the Bill. Even if we take the written ministerial statement in good faith, and even if we rip up our commitment to putting things on the face of the Bill, all that the Minister has given us is the possibility of a vote on a motion, not a vote on primary legislation before the ratification of the treaty.

[Chris Bryant (Rhondda) (Lab)]

I would not take any consolation from what the Minister has said. The formal process of ratification of a treaty, under the Constitutional Reform and Governance Act 2010, is that the treaty is laid before the House by a Minister, and if the House has not annulled it within 21 days, it goes ahead. However, we can only have a vote on annulment if the Government allow it, and in recent years they have regularly chosen not to do so. It is perfectly possible, consistent with what the Minister has just said, that the only vote we would have—and this may be what he means by a meaningful vote—is the vote on annulment, which is a “take it or leave it”, completely meaningless vote.

[Yvette Cooper]

My hon. Friend is absolutely right, and that goes to the heart of this: in the end, the power is still concentrated in the Executive’s hands, whether it is the power to give us a vote on the treaty at all or the power over the timing of any of these votes. That is all still in the Government’s hands, with no reassurances in the Bill, and then there is still only this proposal simply to have a vote on a motion, not a vote on statute with all the scrutiny that brings.

[Several hon. Members rose—]

[Yvette Cooper]

I am conscious of time; I will give way again, but many Members want to speak in this important debate.

[Paul Farrelly (Newcastle-under-Lyme) (Lab)]

Has my right hon. Friend given any thought to the consequences of the possibility, under the Government’s proposed procedure, of this House voting in favour but the other place voting against the motion?

[Yvette Cooper]

That is clearly a possibility, but I think we should trust in the maturity of Parliament. It is possible for people to vote in different ways, but we have long-standing processes between our two Houses for resolving differences and debating them. My problem is that we are not actually being given the opportunity to have those proper meaningful votes through legislation, and instead we just have these motions, which have no constitutional status.

[Anna Soubry]

Can the right hon. Lady confirm that it is Government policy that this place will be given, to use their expression, a meaningful vote? For example, as the talks progress, some hon. Members might say, “Well, hang on a moment; my pharmaceutical industry is being excluded from this arrangement on trade under this particular head of agreement.” That is an example of doing something “meaningful”—the ability of those of us in this place, acting on behalf of our constituents, to change some of the drift of the negotiations, to get a deal that suits everybody in our country.

[Yvette Cooper]

I agree: it is hugely important that this vote has the proper status in Parliament, as well as our being able to debate the detail.

[Chris Bryant]

The point about a potential difference between the House of Lords and the House of Commons again makes me concerned that the Government are toying with only allowing a vote on an annulment motion, presumably tabled by the Opposition rather than the Government, on the original treaty, because then they would have sanction under the Constitutional Reform and Governance Act 2010, which determines what happens if there is a difference between the Lords and the Commons. So, again, I spy a rat.

[Yvette Cooper]

My hon. Friend is right, and that again shows the importance of having these commitments in the Bill, so that there can be no doubt and no possibility of the Government using clause 9 to start implementing an agreement on which there has been no meaningful vote.

[Mr Jenkin]

Can the right hon. Lady explain how the timing will work? If there is to be legislation to approve a withdrawal agreement before March 2019, what happens if the agreement is reached too late to allow that legislation to go through all its stages—[Interruption]—or is this a plan to delay the Brexit date?

[Yvette Cooper]

I thought part of the way through the hon. Gentleman’s intervention that he was finally coming up with a sensible point. I have no control over the timing of the Government’s negotiations; I hope that they and the EU will get on with this quickly, because in particular we need the transitional agreement pinned down as early as possible, as businesses need certainty—and they need that as much in my constituency as in the hon. Gentleman’s. So I hugely hope there will be plenty of time for all these debates to take place. In the event that, against the Government’s will—they have said they do not want this—it ends up being a late deal, Parliament should have the opportunity to ask the Government to extend article 50 for a couple of months, to be able to implement it properly. In fact, the Government will have to do that anyway, because they will not be able to bring clause 9 powers through fast enough not to have to do so.

[Mr Ben Bradshaw (Exeter) (Lab)]

Is it not far more likely that the Government will have to do that long before then, because everyone, including the Brexit Secretary, recognises that it is simply not possible to get everything agreed within the next year, plus a few months?

[Yvette Cooper]

That may be the case. It is clearly not what the Government want, and many of us want the certainty early on. Either way, in the end, however, the timing of the article 50 process will be determined by the Government and the EU states together, but Parliament should be able to put its view to the Government, and Parliament so far in this process will be given no choice in that and no opportunity to have its say.

There is another problem with doing this through a resolution. It is not a fit and proper way to decide something so constitutional to simply do it through a resolution or motion of this House, especially when the Government have shown, in their attitude to Opposition day motions and to resolutions they have lost, that they do not give those sorts of motions and resolutions much status and significance at all, and they do not have constitutional or legal status.

It is only fitting, therefore, for us in this Parliament to say that we should do this through statute, but that is also the most important way to make sure the vote is meaningful. As several Members have said, a motion being put to Parliament that, as the Brexit Secretary has suggested, basically says, “Vote for this deal, whatever it is, or leave with no deal at all,” in the end is not a meaningful vote for Parliament. If Parliament is being given the choice of endorsing the deal the Government have come up with, whatever it is, or alternatively saying in effect that we want no transitional agreement, no security co-operation—nothing at all—and we want to just go straight off the edge of a cliff, that in the end is not proper scrutiny and not a proper meaningful vote. It also provides no incentive for Ministers to have to make sure that what they negotiate can get support in Parliament.

At present, the Government have more incentive to come up with a deal that will get the support of the European Parliament than the support of this place. That is not on; that is not acceptable. It is unacceptable that they have more incentive to focus on the interests of the European Parliament than they have to focus on the interests of, and the potential to build consensus in, this Parliament. That is why we need a vote on statute; that is why we need a statutory vote; and that is why we need either amendment 7 or new clause 3, to have a meaningful vote before, not after, the treaty is ratified.

[Mr Nigel Evans (Ribble Valley) (Con)]

The right hon. Lady talked about a delay of perhaps a couple of months, but if the treaty is not right in the eyes of this Parliament, a couple of months could turn into a couple years, and, indeed, some people would like it to be a couple of decades. Therefore, she talks about a meaningful vote, but what about the meaningful vote of the people of this country, who voted last June to leave the European Union? We need to get this done as quickly as possible, to deliver what the British people voted for.

[Yvette Cooper]

We had a referendum on whether or not Britain should leave the EU. That referendum has taken place; that decision has taken place; and Parliament has respected that decision. Despite how individual Members might have voted in that referendum, or on which side we might have campaigned, as a whole Parliament has respected that referendum result. The referendum did not decide how we leave the EU, however, or what the Brexit deal or transitional agreement should be. That is the responsibility now for the Government in negotiations, but also for this Parliament.

I point out to Members who claim that somehow we cannot have a parliamentary debate on this because it is an internationally negotiated deal—because, somehow, it is a done deal—that Parliament must be able to have a say in this process and we should trust Parliament to be mature and responsible. A lot of Conservative Members said that if we let Parliament vote on article 50, the sky would fall in because it would somehow stop the Brexit process, rip up the referendum result and get in the way of democracy. But actually, the Members of this Parliament know that we have a responsibility towards democracy. We have a mature responsibility to our constituents to defend the very principles of democracy. That is exactly why many of us, including me, voted for article 50, to respect the referendum result, but we do not believe that we should then concentrate powers in the hands of Ministers to enable them do whatever they like. We have a responsibility to defend democracy and those democratic principles. It is our responsibility as Members of Parliament to have our say and to ensure that we get the best deal for the country, rather than just give our power to Ministers.

--- Later in debate ---

[Mr Dominic Grieve (Beaconsfield) (Con)]

The right hon. Lady might agree with me that what causes more consternation overseas among those observing what is going on are the signs that we as a Parliament and as a Government seem from time to time to completely lose our marbles and get involved in polemical arguments that are far removed from the actual matters that we are supposed to be discussing.

[Yvette Cooper]

The right hon. and learned Gentleman is exactly right, and I will defer to him to set out his amendment and describe its impact. The idea that we should make a confidence issue out of every single adjustment to the Brexit process or to the withdrawal Bill is just nonsense.

If we have a Bill before Parliament, it has to be possible for Members of Parliament to table amendments to it and to vote on them. In a hung Parliament, that is even more the case. The Prime Minister asked for a mandate to do all this her own way, but she did not get it. She got a hung Parliament. That puts even more responsibility on us all to work together to find something that will build consensus across Parliament and across the country. In a hung Parliament, the Government sometimes lose votes because Parliament has to do its job to build the right kind of consensus and to get the right kind of outcome.

In the end, this is all about Parliament and democracy. Each and every one of us has a responsibility to our constituents not to hand over, share or give up our authority and our sovereignty, but to exercise our responsibility to get the very best deal. For centuries, Members of Parliament have fought tooth and nail to defend democracy and the powers of Parliament against Executive power. We cannot be the generation that just rips that up and hands over all the power to the Executive. We have a responsibility—now more than ever, given the gravity of the decisions before us—to use that power responsibly and to try to build consensus. To be honest, if the Government cannot build a broader consensus in Parliament, there is no chance of their building a broader consensus in the country, and if they cannot do that, we will end up with everybody rowing over the Brexit deal for a generation to come. For the sake of all of us who want to get back to discussing our schools, our hospitals and all the other issues that face our Parliament, I urge Ministers to accept either amendment 7 or new clause 3, and to start trying to build a consensus that can get us a sustainable Brexit deal.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

I rise to support new clause 3 and amendment 7. As mine is the second name attached to amendment 7, which was tabled by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), who is mainly responsible for it, I also incline to the view that it is slightly the better drafted, but I will support either proposal if one or both are put to the vote.

I might well succeed in being reasonably brief, because I agreed with every word of the speech made by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) and I will not repeat what she said. A welcome note of cross-party consensus exists across a large part of the House, and it represents the cross-party consensus that is in favour of what is lazily called a soft Brexit and of having the best possible close relationship with the European Union after we leave.

The main issue in this debate seems to turn on what we mean by a “meaningful vote”, which relates to our discussion on the role of parliamentary sovereignty in a situation of this kind. I accept that today the Prime Minister—not for the first time—promised us a meaningful vote, but she later went on to qualify that slightly by talking about the need for statutory instruments to be brought forward during the period of the Bill, within the extraordinary powers that the Bill gives Ministers to enact, by regulation, even changes to British statute law. We have to be clear what a meaningful vote is, and the key is the timing. It is quite obvious that if the British Government are to be responsible to the British Parliament, the vote must take place before the Government have committed themselves to the terms of the treaty-like agreement that is entered into with the other member states. Any other vote will not be meaningful.

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[Sir Oliver Letwin]

Please, allow me to continue. It is also perfectly possible, as the right hon. Member for Leeds Central knows, because he is a fine logician, for the other side in the EU negotiations to reject such alternative terms. We therefore hit the question that he cannot evade: under those circumstances, is he or is he not hoping—the Opposition spokesman made what he was hoping for perfectly clear—that Parliament will have the right to tell the Government that they cannot leave on terms that Parliament does not accept? I really think that that is important, if we are to be honest about this, because that is what the right hon. Gentleman and the Opposition spokesman are suggesting.

[Yvette Cooper]

rose—

[Sir Oliver Letwin]

I have no doubt that it is also what the right hon. Lady who is now seeking to catch my eye wishes to suggest. I will let her do so, and then I shall give way to my hon. Friend the Member for Chelmsford (Vicky Ford).

[Yvette Cooper]

The logic of the right hon. Gentleman’s position is that he wants to rule out any possibility for Parliament even to ask the Government to go back to the negotiating table. Of course he is right that, in the end, this is about a negotiation, and the 27 other European countries will have a view and such a negotiation will take place. The logic of his position, however, is that he wants to rule out any say for Parliament at all, or any attempt by Parliament to ask the Government to try to get a different or better deal, or to change the terms, and that makes absolutely no sense at all for anybody who believes in the role of Parliament.

[Sir Oliver Letwin]

First, the right hon. Lady has said nothing to contradict my point about what she and other Labour Members are arguing, and secondly, as a matter of fact, that is not a correct characterisation of my position. I am perfectly happy that Parliament should ask the Government, if there is time, to go back and reconsider the terms they are negotiating. I have no problem with that at all. The question is what happens if they cannot succeed in negotiating those terms and, in the end, we reach that crunch point.

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[Yvette Cooper]

Will the Minister give way?

[Dominic Raab]

No, I am going to make some progress.

Nor is there any getting around the long tail of technical, regulatory secondary legislation that we will need to get through if we want to provide the legal certainty that will make for a smooth Brexit.

[Dominic Raab]

I am going to make a little progress.

[Yvette Cooper]

Will the Minister give way? I did give way to him.

[Dominic Raab]

I will give way to the right hon. Lady later, and I am coming on to talk about her amendment.

I just want to address the point made by the hon. Member for Greenwich and Woolwich about illustrations of what this power will be used for, because I hope that that will serve to assuage some of the concerns. The power could also be used to legislate, for example, for the status of goods that have been placed on the UK market at the time of our withdrawal, subject, of course, to what we agree with the EU on that. That could include a whole range of very technical, detailed measures to ensure that EU products continue to be made available in the UK, with no additional requirements on relabelling; to define what is meant by “placed on the market” for those products that benefit from the measures agreed; or to establish measures to facilitate continued oversight of those products. Again, these examples are illustrative, not exhaustive. However, I hope that I have at least addressed the kinds of cases that we are talking about, and also given an idea of the scale and volume of the technical separation issues that will need to be legislated for in time for exit day. Clause 9 will make an important contribution to a smooth Brexit in precisely those areas.

[Yvette Cooper]

Timing is the crucial issue. Given that there are many examples of an accelerated process being used to get primary legislation through this place on many different matters, including in a single day when that has been necessary, why would it not be possible, if time was starting to run out, to have a very simple one or two-clause Bill that would do the bits of things on which the Minister needs to get agreement and to put the secondary powers in place, and therefore at least have a vote on primary legislation? Why is it not possible to do that very quickly to deal with the concerns that have been expressed?

[Dominic Raab]

It is just not practicable. I will come on to address the timeframe for how we are going to approach the agreement, the meaningful vote on a resolution, and then the withdrawal agreement Bill.

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[Vicky Ford]

I thank the Minister. I am going to take a moment to reflect.

[Yvette Cooper]

This has been a thoughtful debate that has shown the strength of this House, but the thoughtfulness and strength of this House are exactly why the House needs to have a meaningful statutory vote on the withdrawal agreement before the extremely extensive powers in clause 9 are used. The Minister had an hour on his feet; we have had six hours of debate today and many months of debate beforehand, and he still has not come up with a manuscript amendment to clarify what he will do, nor have we had a commitment yet from the Government that the vote will in fact be a statutory one. The only reason that the Minister could give as to why there should not be a statutory vote on the withdrawal agreement was the timing, and yet there are so many examples of when this Parliament has used expedited procedures to get a statute in place just as fast as any resolution.

[Mr Kenneth Clarke]

My understanding is that the Minister has just said that the Government will use clause 9, and will start legislating statutory instruments, long before the due day; it is just, having been legislated, they will not come into force until the due day. That is some kind of concession, but does the right hon. Lady agree that something better might be arrived at in the later stages of this Bill?

[Yvette Cooper]

I certainly think that something much better is needed, because the powers in clause 9 are unprecedented, and Parliament should not hand over such unprecedented powers to the Executive blindfold, without our knowing what the withdrawal agreement will be. There have been so many examples, whether it is the Jobseekers (Back to Work Schemes) Act 2013, the Police (Detention and Bail) Act 2011, the Loans to Ireland Act 2010, the Mental Health (Approval Functions) Act 2012, the Data Retention and Investigatory Powers Act 2014 or the Northern Ireland (Ministerial Appointments and Regional Rates) Act 2017, Act after Act that has been through an expedited process—they can be done within a week. We can do this if we need to. Timeliness is not a problem.

That is why we need a vote, and that is why Ministers should just stop arguing. They should either ditch clause 9 and agree to new clause 3, or agree to amendment 7.

In order to support the right hon. and learned Member for Beaconsfield (Mr Grieve), I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Clause 9

Implementing the Withdrawal Agreement

Amendment proposed: 7, page 6, line 45, at end insert “, subject to the prior enactment of a statute by Parliament approving the final terms of withdrawal of the United Kingdom from the European Union.”—(Mr Grieve.)

To require the final deal with the EU to be approved by statute passed by Parliament.

Question put, That the amendment be made.